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BPW Paperless Packet 09-17-25
Board of Public Works and Safety Meeting Agenda Wednesday, September 17, 2025 – 10:00 a.m. Council Chambers, City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes for September 03, 2025, Regular Meeting 2. BID OPENINGS AND AWARDS a. Quote Award for Carmel School Zone Signage Installation; Brad Pease, Director of Engineering 3.CONTRACTS a.Request for Emergency Medical Services Clinical Affiliation Agreement; Carmel Clay Schools; Emergency Medical Services; Chief Joel Thacker, Carmel Fire Department b.Request for Professional Services; CrossRoad Engineers, P.C.; ($189,000.00); 136th Street Trail Connections; Additional Services Amendment #3; Brad Pease, Director of Engineering c.Request for Purchase of Goods and Services; Morphey Construction, Inc.; ($103,000.00); Carmel School Zone Signage Installation; Brad Pease, Director of Engineering d.Request for Purchase of Goods and Services; E&B Paving LLC; ($155,387.12); 22-ENG-06 Pennsylvania Street Roundabouts Intersection Improvements; CO #1; Brad Pease, Director of Engineering e.Request for Purchase of Goods and Services; Cultivate Geospatial Solutions, LLC;($55,000.00); Vehicle Maintenance Software Integration; Kevin Cusimano, Director of Information Communications Services f.Request for Purchase of Goods and Services; Tom Wood Ford; ($624,945.00); Fleet of Vehicles; Lane Young, Director of Utilities 4. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Carter Green and Use/Close City Streets; (Amendment to Approved Application; Originally Approved 11-06-24); Special Request to Use Electricity and James Building Restrooms; Secret Families of Hamilton County Festival; September 21, 2025; 8:00 AM to 6:00 PM; Leachia Kern 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: October 1, 2025 b. Request to Use Civic Square Gazebo and Lawn and Use/Close City Streets; Special Request to Use Electricity and Fountain Restrooms; Indiana Jewish Festival; August 30, 2026; 8:00 AM to 6:00 PM; David Grossbaum, Chabad of Indiana c. Request to Use City Streets; 13th Annual Boo’n Brew Fall Festival; October 18, 2025; 7:00 AM to 9:00 PM; Christine Foulke, Clay Terrace Partners LLC d. Request to Reserve Parking Spots; KBSO Consulting Event; October 30, 2025; 9:00 AM to 7:00 PM; Samanth Ueltschi, KBSO Consutlting LLC 5. OTHER a. Request for Consent to Encroach; 13727 Smokey Ridge Drive; Property Owners b. Request for Consent to Encroach; 695 1st Avenue SE; SCI Carmel LLC, Property Owners c. Request for Stormwater Quality Management Easement; 331 W Main Street; Hamilton County Area Neighborhood Development, Inc. 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: October 1, 2025 Board of Public Works and Safety 1 Meeting Minutes 2 Wednesday, September 03, 2025 – 10:00 a.m. 3 Council Chambers, City Hall, One Civic Square 4 5 MEETING CALLED TO ORDER 6 Board Member Campbell called the meeting to order at 10:01 AM 7 MEMBERS PRESENT 8 9 Board Members Laura Campbell, Jim Barlow, and Alan Potasnik, City Clerk Jacob Quinn, and 10 Deputy Clerk Jessica Dieckman were present. 11 MINUTES 12 Minutes for August 20, 2025, Regular Meeting. Board Member Barlow moved to approve. Board 13 Member Potasnik seconded. Minutes approved 3-0. 14 BID OPENINGS, AWARDS, AND REVOCATION 15 Request for Proposals for Health Services, Annual Medical Examinations, and New Hire 16 Testing; Board Member Potasnik unsealed the proposals, and Board Member Potasnik read 17 them aloud: 18 Contractor 19 Ascension St. Vincent 20 ProTeam Wellness 21 Request for Quotes for Carmel School Zone Signage Installation; Board Member Potasnik 22 unsealed the quotes, and Board Member Potasnik read them aloud: 23 Contractor Quotes 24 Morphey Construction, Inc $103,000.00 25 Midwestern Electric LLC $152,200.00 26 TC Electric, Inc. $206,050.00 27 28 Bid Award for 136th Street Multi-use Path Construction; Jarrod Huff, Engineering Department, 29 recommended awarding the bid to Morphey Construction, Inc., for $980,000.00 as they were the 30 lowest quote and most responsive. Board Member Potasnik moved to approve. Board Member 31 Barlow seconded. Bid approved 3-0. 32 33 34 Bid Award 2026 Rock Salt for Drinking Water Softening; Lane Young, Director of Utilities, 35 recommended awarding the bid to Compass Minerals America Inc., for $112.95 a ton as they 36 were the lowest quote and most responsive. Board Member Potasnik moved to approve. Board 37 Member Barlow seconded. Bid approved 3-0. 38 CONTRACTS 39 40 Request for Purchase of Goods and Services; Wireless Networking Solutions, Inc.; ($102,339.00); 41 Monon Community Center Security Upgrades; Sergey Grechukhin, Corporation Counsel briefly 42 speaks, this is the IT contract with the Parks Department for security updates for Monon Green 43 Way around Monon Community Center, as well as the camera installation for parking. Board 44 Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0 45 Resolution BPW 09-03-25-01; Resolution of the City of Carmel Board of Public Works and Safety 46 Acknowledging and Ratifying Agreement Between City and Vendor; OpportunitySpace, Inc. d//b/a 47 Tolemi; ($55,000.00); Building Blocks Agreement; Sergey Grechukhin, Corporation Counsel 48 briefly speaks, this is a software provider for the rental cap ordinance that the Council passed 49 recently. The Board is ratifying this because it was signed by accident by Mike Hollibaugh. Board 50 Member Barlow moved to approve. Board Member Potasnik seconded. Resolution approved 3-0 51 Request for Professional Services; Engineering Resources Inc.; ($120,000.00); 25-04 On Call 52 Professional Services; Additional Services Amendment #2; Board Member Potasnik moved to 53 approve. Board Member Barlow seconded. Request approved 3-0 54 Request for Purchase of Goods and Services; Morphey Construction, Inc.; ($980,000.00); 136th 55 Street Multi-use Path Construction; Board Member Barlow moved to approve. Board Member 56 Potasnik seconded. Request approved 3-0 57 Request for Purchase of Goods and Services; RTC Manufacturing Inc; ($261,567.00); Traffic 58 Control, Enforcement, and Signal Equipment; Jarrod Huff, Engineering Department, briefly 59 speaks that this item goes along with our quote opening for new school zone signs. Board Member 60 Potasnik asks if these items will be going over to solar-powered. Jarrod Huff states that this will 61 replace all old school zone signs with these new signs. This also allows them to access the signs 62 without having to go to the sign directly. They will all be uniform. Board Member Potasnik moved 63 to approve. Board Member Barlow seconded. Request approved 3-0 64 Request for Purchase of Goods and Services; Bright Equipment, Inc.; ($99,562.85); Bobcat L95; 65 Crystal Edmondson, Street Department briefly speaks, this is a small front-end loader. We will be 66 using it year-round, as well as to help load the salt in the trucks for the winter. Board Member 67 Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0 68 69 REQUEST TO USE CITY STREETS/PROPERTY 70 71 Request to Carter Green and Use/Close City Street; (Amendment to Approved Application for 72 Parking Originally Approved 02-06-25); Allied Solutions Center Celebration; September 20, 73 2025; 1:00 PM to 11:59 PM; Board Member Barlow moved to approve. Board Member Potasnik 74 seconded. Request approved 3-0 75 Request to Use Civic Square Gazebo and Lawn; (Amendment to Approved Application Originally 76 Approved on 8-06-25) Special Request to Use Electricity and Fountain Restrooms; Constitution 77 Day; September 20, 2025; 11:00 AM to 4:00 PM; Board Member Barlow moved to approve. Board 78 Member Potasnik seconded. Request approved 3-0 79 Request to Use/Close City Streets; Kingswood HOA Neighborhood Party; September 20, 2025; 80 1:00 PM to 10:00 PM; Board Member Barlow moved to approve. Board Member Potasnik 81 seconded. Request approved 3-0 82 Request to Use Reflecting Pool; Wedding Ceremony; October 4, 2025; 9:30 AM to 12:00 PM; 83 Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 84 3-0 85 Request to Use Midtown Plaza; Special Request to Use Electricity; Carmel Jazz Fest City Tour 86 VIP Event; October 9, 2025; 5:00 PM to 10:00 PM; Board Member Barlow moved to approve. 87 Board Member Potasnik seconded. Request approved 3-0 88 OTHER 89 90 Request for Consent to Encroach; 12434 Springbrooke Run; Board Member Potasnik moved to 91 approve. Board Member Barlow seconded. Request approved 3-0 92 Request for Stormwater Quality Management Easement; 10415 Westfield Blvd; Board Member 93 Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0 94 Request for Aerial Waiver of BPW Resolution NO 04-28-17-01; Various Locations; Board 95 Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0 96 Request for Aerial Waiver of BPW Resolution NO 04-28-17-01; Townhomes at Guilford; Board 97 Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0 98 Request for Aerial Waiver of BPW Resolution NO 04-28-17-01; Plum Creek Development; Board 99 Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0 100 101 ADD-ONS 102 Board Member Barlow moved to add-on an item. Board Member Potasnik seconded. Add-On 103 approved 3-0. 104 Request for Agreement between Carmel Utilities and Carmel Engineering Department; Wessler 105 Engineering, Inc.; Sergey Grechukhin, Corporation Counsel briefly speaks, The contract is for 106 professional services to manage and coordinate Build Operate Transfer (BOT) process for the 107 following infrastructure projects: the Medical Drive and Keystone Way North Interceptor 108 Improvements, 116th/AAA Way, Carmel Drive/AAA Way, Carmel Drive, and Kinzer—street road 109 construction projects. BOT structure is a method for designing, building, and financing specific 110 infrastructure projects in accordance with Indiana Code 5-23-3. This structure essentially allows 111 us to combine several procurement steps into one so long as the statutory requirements and 112 procedure are followed leading to both time and monetary savings. Wessler will assist the City 113 with that process, as it involves a lot of moving parts and integration of both engineering and 114 utility items. Board Member Potasnik moved to approve. Board Member Barlow seconded. 115 Request approved 3-0 116 Board Member Potasnik moved to add-on an item. Board Member Barlow seconded. Add-On 117 approved 3-0. 118 Request to Use/Close City Streets; Christmas Block Party; August 30, 2025; 5:45 PM to 9:00 119 PM; Christian Chamberlain, Deputy of Chief of Staff briefly speaks, that this event took place over 120 the weekend for a Christmas in August event for a local resident. Board Member Barlow moved 121 to approve. Board Member Potasnik seconded. Request approved 3-0 122 Board Member Barlow moved to add-on an item. Board Member Potasnik seconded. Add-On 123 approved 3-0. 124 Resolution BPW 09-03-25-02; A Resolution of the Board of Public Works and Safety of the City 125 of Carmel, Indiana, Approving the Transfer and Presentation of Pistol and Badge to Officer 126 Nate Hill; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 127 approved 3-0 128 ADJOURNMENT 129 Chairwomen Campbell adjourned the meeting at 10:18 AM. 130 131 132 133 134 135 136 137 APPROVED: ____________________________________ 138 Jacob Quinn – City Clerk 139 140 141 _____________________________________ 142 Chairwoman Laura Campbell 143 144 145 ATTEST: 146 __________________________________ 147 Jacob Quinn – City Clerk 148 149 150 CzTfshfzHsfdivlijobu:;3:bn-Tfq13-3136 August28, 2025 Mr. BradleyPease, P.E. CityEngineer CityofCarmel 1CivicSquare Carmel, IN 46032 Re:136thStreetTrailConnections TrailImprovements 2022BondProject22-ENG-08 FeeProposal forConstruction Inspection DearBrad: Asyourequested, wehaveprepared afeeproposal toprovide full-timeconstruction inspectionservices relative totheabovereferenced project. Thisprojectisscheduled tostartconstructionMarch 1, 2026, andtobesubstantially completeby July1, 2026.Finalcompletion forthisproject isNovember 1, 2026. Below isalistingofindividuals weexpect tobeusingonthisproject: Trent E. NewportDirector Curtis HolcomSenior Project Manager LanceStahleySenior Resident ProjectRepresentative TBDProject Inspector Duringthe2026constructiondurations(estimatedtobe18weeks), wehavebudgeted1hour perweek fortheDirector, 4hoursfortheSeniorPM, 8hoursperweekfortheSeniorRPR,and45hoursperweek fortheProjectInspector.Onceconstruction activitiesarecomplete, wewillbecompiling andsubmitting thefinalconstruction records.Thesebudgeted hours, withthecorresponding billingrates, yieldthe estimated costsasshownontheattachedspreadsheet. Ifyoushould haveanyquestions orneedanyfurther information, pleasedonothesitate tocallmeat 765-506-8784oremailcholcom@crossroadengineers.com. Sincerely, CrossRoadEngineers, PC CurtisHolcom, P. E. VicePresident th115N. 17AVE, BEECHGROVE, IN46107 // 317.780.1555//CROSSROADENGINEERS.COM PAGE1of1 Page 1of1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 118211 35-6000972 THIS NUMBER MUST APPEAR ONINVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION New Professional Services Agreement 1/22/25 - ASA 38/29/2025068025 CROSSROAD ENGINEERS, PC City Engineering'sOffice VENDORSHIP115N17THAVE 1Civic Square TO Carmel, IN 46032- BEECH GROVE, IN 46107 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 104221 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 220002024 Bond Account: 44-628.71 Each1ASA 3 - 24-ENG-09 (22-ENG-08) - 136th Street Trail $189,000.00$189,000.00 Connections - Inspection 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 FORPAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BEACCEPTED.THIS APPROPRIATION SUFFICIENT TOPAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Bradley PeaseZac Jackson TITLEDirectorCFO CONTROL NO. 118211 CzTfshfzHsfdivlijobu5;12qn-Tfq1:-3136 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 3.3 Final Payment. Final payment, constituting theentire unpaid balance ofthe Contract Price, including anyretainage, shall bepaid byCity toContractor within ninety-one (91) days after ithasbecome due and payable. Final payment toContractor shallnot become due and payable until and unless all Goods andServices are delivered, and allWork fortheProject isotherwise fully completed and performed inaccordance with theContract Documents and issatisfactory toandapproved byCity. 3.4 Effect ofFinal Payment. The making offinalpayment shall constitute awaiver ofClaims byCity except those arising from: a. Liens, claims, security interests orencumbrances arising outoftheContract andunsettled; b. Failure ofthe Work tocomply withthe requirements oftheContract Documents; c. Terms ofspecial warranties required bytheContract Documents; d. Claims previously made inwriting andremaining unsettled asofthedate offinalpayment; e. Claims byCityattributable todefective work orprior corrective work, appearing after final inspection; f. Failure ofthe Work tocomply withthe requirements oftheContract Documents; g. Cityclaims and other rights arising under theterms ofanygeneral orspecial warranties, guarantees ormaintenance bonds specified bytheContract Documents orarising thereunder; and h. City claims andotherrights with respect toContractor’sandSurety’scontinuing obligations under theContract andtheContract Document. 3.5 Acceptance byContractor ofanysum tendered by Cityasfinal payment shall constitute awaiver of allclaims by Contractor withrespect tothisAgreement, except those claims authorized bythis Agreement, previously made inwriting and submitted inatimely manner, and specifically identified and reserved byContractor asunresolved intheapplication for finalpayment. 4. CONTRACT DOCUMENTS: 4.1 Scope ofWork. Contractor agrees toprovide alllabor, goods, material, shipping, receiving, supervision, services, supplies, machinery, equipment, storage and any necessary rigging as required forthe Project assetforth inthe attached Exhibit “A” andanyreferences, addenda and/or attachments thereto, Project Manual (ifapplicable), CityofCarmel General Conditions, Cityof Carmel Supplementary Conditions, andallapplicable Drawings andSpecifications (collectively Contract Documents”), allofsuch Contract Documents are fully incorporated herein. Contractor acknowledges thatallreferenced Contract Documents are apartofthisAgreement. 4.2 Contractor Site andDocument Review. Contractor acknowledges that ithashad anadequate opportunity toexamine sufficiently toitssatisfaction the site oftheWork andto review and/orobtain copies oftheContract Documents andtobecome fullyfamiliar withthem, and that itshallnot be excused from anyconditions existing and detectable atthe site oranyprovisions set forth inthe Contract Documents due toanylack ofknowledge orunderstanding ofthe existence orcontents thereof atthetime ofexecuting thisAgreement. Contractor acknowledges theContract Documents tobesuitable for Contractor’sWork and sufficient for their intended purpose, andagrees toperform theWork and tocomplete thesame forthe Contract Price and within theProject timeline, infulland strictaccordance with theContract Documents and toCity’ssatisfaction, and thatitwillperform the Work so asnot toviolate any term, covenant orcondition ofthe Contract Documents orapplicable codes and laws. 2 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 4.3 AllDrawings, Specifications andother items defined herein asContract Documents that have been prepared forthe Project and furnished toContractor byoronbehalf ofCityorother third party are without any representation or warranty bytheCity astothe acceptability, accuracy orsuitability thereof fortheWork. Citymakes norepresentation orwarranty toContractor concerning the acceptability, accuracy orcompleteness oftheContract Documents orother information anddata prepared bypersons other thanCity, and accordingly, City shall have noliability toContractor with respect toanypatent orlatent defects, deficiencies, errors andomissions therein. 4.4 Contractor represents thatithasreviewed the Contract Documents, visited thesite and provided City with written notice ofanyconcerns ornecessary clarifications resulting fromthese reviews and investigations priortosubmitting itsproposal orbidtoCityandexecuting thisAgreement. Contractor waives therighttorequest andincrease inthe Contract Priceorextension oftheProject completion deadline asaresult ofitsfailure toraisesuch concerns orclarifications with City. 4.5 Intent oftheContract Documents. The Contract Documents shall be deemed toinclude andrequire allitems andaspects oflabor, material, equipment, services and transportation incidental toor necessary fortheproper and efficient execution and completion oftheWork as itrelates tothe Project. The Contract Documents are complementary, andwhat isrequired by any onedocument shall beasbinding asifrequired byall. Work notspecifically covered intheContract Documents or which issubject toquestion andinterpretation because ofconflicts, duplications orambiguities may, atCity'soption, berequired of Contractor ifitisconsistent therewith and isreasonably inferable therefrom asbeing necessary toproduce the results intended bythisAgreement. Assuch, anypart ofthe Work shown onDrawings butnotspecifically mentioned intheSpecifications orviceversa shall beconsidered aspartofthe Work, thesame as though included inboth. 4.6 Shop Drawings and Submittals. Contractor shall submit shop drawings, product data, samples and similar submittals required bytheContract Documents with reasonable promptness and insuch sequence as tocause nodelayintheWork orintheactivities ofothercontractors orsubcontractors. IfContractor shall make changes indesign, including dimensional changes, either through shop drawings oractual field work, itshall accept the responsibility forthe structural and functional adequacy ofsuch changes and their acceptance byCity orProject’sarchitect. Any structural or functional inadequacies which maydevelop because ofsuch changes shall beremedied by Contractor unless such change isspecifically included inachange order. 4.7 Taxes. Asapublic, municipal entity, theCity ofCarmel, and its various departments, areexempt fromsales and compensating use taxes onalltangible personal property (materials, equipment and components) pursuant tothelawoftheState ofIndiana. Contractor shall notinclude any charges representing suchtaxes on anyinvoices hereunder. Contractor shall beresponsible forallfranchise fees andtaxes ofany kind whatsoever. 5. WARRANTY: 5.1 Inaddition toallwarranties required byContract Documents, Contractor expressly warrants thatthe Goods and Services/theWork covered bythis Agreement willconform tothose certain specifications, descriptions and/orquotations regarding same aswereprovided toContractor byCity and/orby Contractor toand accepted byCity, allofwhich documents areincorporated herein by reference, and thattheGoods andServices/the Work will be delivered and/orperformed inatimely, goodand workmanlike manner andfreefrom defect. Contractor acknowledges thatitknows ofCity’s intended use andexpressly warrants that theGoods andServices provided toCity pursuant tothis 3 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 Agreement havebeen selected by Contractor based upon City’sstated useandarefitand sufficient fortheirparticular purpose. 5.2 Further, Contractor warrants toCitythatmaterials and equipment furnished under theContract Documents willbe ofthebestquality andnew unless theContract Documents require orpermit otherwise. The performance oftheWork shall not limit, voidorotherwise compromise ordiminish anyequipment ormanufacturer warranty thatistobeissued under theContract Documents. Goods, Work, materials, orequipment not conforming tothese requirements may beconsidered defective. Contractor’swarranty excludes remedy fordamage ordefect caused byabuse, alterations tothe Work notexecuted byContractor, improper orinsufficient maintenance, improper operation, or normal wear andtear and normal usage. Ifrequired bythe City, theContractor shall furnish satisfactory evidence astothekind andquality ofmaterials and equipment. 5.3 Contractor shall, atitssole expense, promptly andproperly repair, replace orotherwise correct any Work that is (i) rejected byCity or Architect, or (ii) known, observed ordiscovered atanytimeby Contractor, City orArchitect tobedefective orfailing toconform tothe Contract Documents andshall payCity forallexpenses incurred inany delay caused byremedying defective orotherwise nonconforming Work. 5.4 Ifwithin two (2) years afterfinal completion oftheProject, orsuch longer period asestablished with respect toContractor’sobligations under the Contract Documents, theWork oranyportion thereof is found tobenotinaccordance with the requirements oftheContract Documents, Contractor shall correct itpromptly afterreceipt ofwritten notice from City todoso. Contractor’sobligations under this Section shall survive completion and acceptance oftheWork and Project and termination ofthe Agreement. 5.5 Any and allwarranties whichareavailable onany material orequipment orother service which is partoftheWork willbe provided toCity atnoadditional cost. Upon completion oftheWork, Contractor shall assign toCityall warranties obtained orobtainable byContractor from manufacturers andsuppliers ofequipment andmaterials incorporated into theWork bywritten instrument ofassignment inaformacceptable toCity. Contractor shall furnish City with copies ofall warranties, guarantees, operating manuals relative toequipment installed, and acomplete set of reproducible drawings withallfield changes noted onthem relating totheimprovements constructed under theContract. Theassignment ofsuchmanufacturer andsupplier warranties shall not relieve Contractor ofany ofits ownwarranty obligations under this Article, whichshall remain infullforce and effect. 5.6 Notwithstanding anything tothe contrary contained inContract Documents with respect to warranties, itisunderstood andagreed thatthe foregoing warranties and guarantees shall notaffect, limitorimpair City'srightagainst Contractor with regard tolatent defects inthe Work which donot appear within theapplicable warranty period following acceptance ofthe Work and which could not, bytheexercise ofreasonable care and duediligence, beascertained ordiscovered byCitywithin suchwarranty period. Contractor shall beand remain liable and responsible tocorrect and cure any such latent defects which arereported toContractor byCityinwriting within ninety (90) days after such latent defect first appears orcould, bytheexercise ofreasonable care andduediligence, be ascertained or discovered byCity. City’swarranty rights and remedies with respect tolatent defects shall remain infull force and effect andforthe same duration as withany other warranty provided in this Article orotherwise available orprescribed bylaw. 4 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 6. TIME AND PERFORMANCE: 6.1 This Agreement shall become effective as ofthelast date onwhich aparty hereto executes same Effective Date”), andboth parties shall thereafter perform their obligations hereunder inatimely manner. Time isoftheessence ofthis Agreement. 6.2 Contractor shall continuously monitor the construction schedule and advise Cityonaregular basis of thestatus ofContractor’sprogress with respect tosuch schedule atany timeCity’srepresentative requests Contractor todoso, including the furnishing ofinformation onthe status ofshop drawings, samples, submittals and materials, machinery orequipment which may be inthecourse of preparation ofmanufacture. 6.3 If, intheopinion ofCity, Contractor isbehind schedule intheperformance oftheWorkorisfailing, without cause, tomaintain progress oftheWork ortoconform tothe general progress ofallwork for the Project, Contractor agrees that itshall, atitsown expense, perform such overtime work, use extralabor, and undertake allother means necessary tobringthe Work back on schedule. 6.4 Ifthere are anyconflicting times ordurations foraction, submissions, notices orresponses thereto byContractor between oramong the Contract Documents, thecontrolling timeorduration for such action, submissions, notices orresponses thereto byContractor shall betheearlier of such times and shorter ofsuch durations, unless Cityexpressly agrees inwriting otherwise. 7. MEANS AND METHODS: Contractor isresponsible forthe means, methods, techniques, sequences orprocedures, and safety precautions and programs inconnection withprovision ofGoods and Services andrelated work under the Contract Documents. Atalltimes during performance oftheWork, Contractor shall maintain and designate toCityadequate, experienced andcooperative supervisory personnel, including afull-time on-siteproject manager orsuperintendent ifrequired by Contract Document orfederal, state orlocal laws, rules and regulations. City shall not have control over orcharge of, andshallnotberesponsible for, means, methods, techniques, sequences orprocedures, orforthesafety precautions andprograms inconnection with the performance oftheWork byContractor andshallnot beresponsible forany omission orfailure onthepartof theContractor toproperly perform itsobligations. Contractor shall beresponsible toCity forContractor’s negligent acts oromissions orfailure toperform. 8. DISCLOSURE AND WARNINGS: Ifrequested byCity, Contractor shall promptly furnish toCity, insuch form anddetail asCity may direct, alist ofallchemicals, materials, substances and items used inorduring theprovision oftheGoods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. Atthetimeofthe delivery oftheGoods andServices provided hereunder, Contractor agrees tofurnish toCity sufficient written warning and notice (including appropriate labels oncontainers and packing) ofanyhazardous material utilized inorthatisapart ofthe Goods and Services. 9. PROTECTION OFWORK: Contractor shall atitsown expense takeallnecessary precautions toprotect thework ofother trades from anydamage caused byContractor’soperations, and watch over, care forandprotect from damage orinjury byanycause whatsoever, allofContractor’sWork, complete orotherwise, and allofitsmaterials, supplies, tools, machinery and equipment atornear theProject. 5 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 10. SUBCONTRACTS: Byappropriate agreement, written where legally required forvalidity, Contractor shall require each subcontractor, totheextent oftheWork to beperformed bythe subcontractor, to bebound toContractor by terms oftheContract Documents, and toassume toward Contractor alltheobligations andresponsibilities, including theresponsibility for safety ofContractor’sWork, which Contractor, by theseContract Documents, assumes toward City. Each subcontract agreement shall preserve andprotect therights ofCityunder the Contract Documents with respect tothe Work tobeperformed bysubcontractor so that contracting thereof willnotprejudice such rights, andshall allow tosubcontractor, unless specifically provided otherwise inthe contract agreement, the benefit ofallrights, remedies and redress against Contractor that Contractor, bythe Contract Documents, hasagainst City. Where appropriate, Contractor shall require each subcontractor to enter intosimilar agreements withitssubcontractors. 11. LIENS: Contractor shall notcause orpermit thefiling ofany lien on any ofCity’sproperty. In theevent any such lien isfiled and Contractor failstoremove such lien within ten (10) daysafter thefiling thereof, bypayment or bonding, Cityshall have theright topaysuch lienor obtain such bond, allatContractor’ssole costand expense. 12. DEFAULT: Intheevent Contractor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis Agreement, including Contractor’swarranties; (b) failstoprovide the Goods andServices as specified herein; (c) failstomake progress soastoendanger timely andproper provision ofthe Goods and Services and does notcorrect such failure orbreach within five (5) business days (orsuch shorter period oftime asis commercially reasonable under the circumstances) after receipt ofnotice from City specifying such failure or breach; or (d) becomes insolvent, is placed intoreceivership, makes ageneral assignment forthebenefit of creditors ordissolves, eachsuch event constituting anevent ofdefault hereunder, Cityshall have the rightto 1) terminate allorany parts ofthisAgreement, without liability toContractor; and (2) exercise allother rights and remedies available toCityatlaw and/orinequity. 13. INSURANCE AND INDEMNIFICATION: 13.1 Contractor shall procure and maintain infull force and effect during thetermof this Agreement, with an insurer licensed todobusiness intheState ofIndiana, such insurance asisnecessary fortheprotection ofCityand Contractor fromallclaims fordamages under any workers’ compensation, occupational disease and/orunemployment compensation act; forbodily injuries including, but notlimited to, personal injury, sickness, disease ordeath ofortoany of Contractor’sagents, officers, employees, contractors and subcontractors; and, forany injury toordestruction ofproperty, including, but notlimited to, anyloss ofuse resulting therefrom. Thecoverage amounts shall benoless than those amounts set forth inattached Exhibit C. Contractor shall cause itsinsurers toname City asanadditional insured onallsuch insurance policies, shallpromptly provide City, upon request, with copies ofallsuch policies, and shall provide that such insurance policies shall not becanceled without thirty (30) days prior notice toCity. Contractor shall indemnify andhold harmless City from andagainst any and allliabilities, claims, demands orexpenses including, butnot limited to, reasonable attorney fees) forinjury, death and/ordamages toany person or property arising from orinconnection withContractor’sprovision ofGoods andServices pursuant toorunder this Agreement orContractor’suse ofCity property. 13.2 Notwithstanding any other provision ofthisAgreement tothecontrary, should anypolicy required by theContract Documents becanceled orotherwise terminated before thecompletion of theWork hereunder, Contractor shallexertallreasonable efforts toprocure andmaintain inforce similar insurance from insurers 6 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 satisfactory toCity and provide certificates ofsuch insurance toCity upon itswritten request. Should Contractor failorneglect toprovide the required insurance, orallow anyrequired coverage tolapse, City shall havethe right, but nottheduty, toprovide such insurance anddeduct the costthereof from anymoney due toContractor any andallpremiums paid byCityforandonaccount ofsaid insurance. Thepolicy or policies, and each certificate ofinsurance, shall further provide thatthe insurance willnot becancelled bythe Insurer orthelimitsofliability reduced byendorsement prior toatleast thirty (30) days after written notice by certified mail ofsuchcancellation orchange has been provided bytherespective insurer toCity. No less than fourteen (14) daysprior tothe expiration, cancellation ortermination ofany suchpolicy, Contractor shall supply City with anewandreplacement Certificate ofInsurance and Additional Insured endorsement as proof ofrenewal oftheoriginal policy andcoverage, with suchneworreplacement policy andendorsements inthesame manner and forthesame coverage and amounts infavor ofCity assetforth inthisParagraph. 13.3 Indemnity. Tothefullest extent permitted bylaw, Contractor shall indemnify, hold harmless and defend City andallofitsofficers, directors and employees, fromand against allclaims, suits, demands, causes ofaction, damages, losses, costs andexpenses, including reasonable attorney'sandContractor’s feesand expenses, butonlytothe extent caused byContractor’snegligent performance oftheWork under thisAgreement, oroccasioned byanybreach ornonperformance ofitsterms, provided thatanysuchclaim, suit, demand, cause ofaction, damage, loss, cost, fees orexpense: (a) isattributable tobodily injury, sickness, disease ordeath, orpatent infringement, orinjury toordestruction oftangible orrealproperty, including thelossofusethereof andconsequential damages resulting therefrom, orisattributable to damages fromeconomic harm orloss; and (b) iscaused inwhole orinpart byany negligent actoromission, wrongful act, orotherbreach ofduty ofContractor oranyone directly orindirectly employed byitoranyone forwhose acts itmaybeliable, regardless ofwhether such claim, suit, damage, loss, cost orexpense is caused inpart byanyjoint, several orcomparative, butnot sole, negligent act oromission, ofCity. 13.4 The foregoing obligations ofContractor shallnotbeaffected orlimited inanyway byanyinsurance required ofor provided to Contractor under the Agreement. The indemnification and hold harmless obligations asprovided herein shall not negate, abridge orotherwise reduce any other right andremedy of City orobligation ofindemnity by Contractor which would otherwise exist infavor ofCity under this Agreement. 14. GOVERNMENT COMPLIANCE: Contractor agrees tocomply with allfederal, state and local laws, executive orders, rules, regulations and codes which may beapplicable toContractor’sperformance ofitsobligations under thisAgreement, andall relevant provisions thereof areincorporated herein bythis reference. Contractor agrees toindemnify and hold harmless City from any loss, damage and/orliability resulting from anysuch violation ofsuch laws, orders, rules, regulations andcodes. This indemnification obligation shall survive thetermination ofthis Agreement. 15. NONDISCRIMINATION: Contractor represents and warrants that itand allofitsofficers, employees, agents, contractors and subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of employment and any other matter related totheiremployment orsubcontracting, because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam eraveteran status. 7 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 16. E-VERIFY: Pursuant toI.C. § 22-5-1.7etseq., asthesame may beamended from time totime, and asisincorporated herein bythis reference (the “Indiana E-Verify Law”), Contractor isrequired toenroll inand verify thework eligibility status ofits newly-hired employees using theE-Verify program, andtoexecute the Affidavit attached herein asExhibit D, affirming that itisenrolled andparticipating intheE-verify program and does not knowingly employ unauthorized aliens. Insupport oftheAffidavit, Contractor shall provide theCity with documentation indicating that ithasenrolled and isparticipating inthe E-Verify program. Should Contractor subcontract fortheperformance ofanywork under andpursuant tothis Agreement, it shall fully comply with theIndiana E-Verify Law as regards each suchsubcontractor. Should theContractor orany subcontractor violate the Indiana E-Verify law, theCitymay require acure ofsuch violation and thereafter, ifnotimely cure isperformed, terminate this Agreement inaccordance with either the provisions hereof orthose setforth inthe Indiana E-Verify Law. Therequirements ofthis paragraph shall notapply should theE-Verify program cease toexist. 17. OWNERSHIP AND USE OFDOCUMENTS: TheReports, Recommendations, Analyses, Surveys, Data, Calculations, Drawings, Schedules, Specifications andother documents prepared oremployed byContractor during thecourse offurnishing theWork toCity under thisAgreement shallbeand become theproperty ofthe City, whether the Project iscompleted ornot; accordingly, such materials may beused by theCity for information andreference and inconnection with City’s involvement ontheProject. Suchitems anddocuments may alsobeused byCityforcompletion ofthe Project orwork with respect thereto byothers ifContractor isindefault under this Agreement, inwhich case Contractor shall provide City with reproducible copies ofsuch reports, recommendations, analyses, surveys, data, calculations, drawings, schedules, specifications and other documents forsuchuse butshall not beobligated to sign, certify orseal such copies. Contractor may utilize thename, images ordescriptions ofthe Project inits promotional andmarketing materials, except thatitshallnotutilize, publish oradvertise any unique ordistinctive components ofthe design, drawings orspecifications fortheProject insuch promotional and marketing materials without firstobtaining thewritten consent ofCity. Contractor will have noliability toCityarising from City’suseoralteration oftheabove-referenced documents onany unrelated project. 18. NOIMPLIED WAIVER: Thefailure of either party torequire performance bythe other ofanyprovision ofthis Agreement shall not affect therightofsuch partytorequire such performance atany time thereafter, nor shall thewaiver byany party ofabreach ofany provision ofthis Agreement constitute awaiver ofany succeeding breach ofthe same orany other provision hereof. 19. NON-ASSIGNMENT: Contractor shall notassign orpledge this Agreement, whether ascollateral foraloan orotherwise, and shall notdelegate itsobligations under this Agreement without City’sprior written consent. 20. RELATIONSHIP OFPARTIES: The relationship oftheparties hereto shall beasprovided forinthisAgreement, and neither Contractor nor any ofitsofficers, employees, contractors, subcontractors and agents areemployees ofCity. The contract price setforth herein shall bethefulland maximum compensation andmonies required ofCity tobepaid to Contractor under orpursuant tothis Agreement. 21. GOVERNING LAW; CONFLICT RESOLUTION: 21.1 General. Cityand Contractor arefully committed toworking with eachother throughout theProject andagree tocommunicate regularly with each otheratalltimes soastoavoid orminimize disputes 8 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 ordisagreements. Ifdisputes ordisagreements doarise, City and Contractor each commit to resolving such disputes ordisagreements inanamicable, professional and expeditious manner so astoavoid unnecessary losses, delays and disruptions totheWork. Cityand Contractor shallcommence allclaims and causes ofaction, whether incontract, tort, or otherwise, against theotherarising out oforrelated tothisAgreement within theperiod specified by applicable law, butifnototherwise specified byapplicable law, within notmore thanten (10) years after thedateofSubstantial Completion ofthe Work. AllContract Documents are tobeconstrued inaccordance with andgoverned bythelaws ofthe State ofIndiana, except foritsconflict oflaws provisions. 21.2 Litigation. Claims, disputes andother matters incontroversy arising outoforrelated tothis Agreement, nototherwise resolved inaccordance withtheprovisions above, theparties agree that, intheevent alawsuit isfiled hereunder, they waive theirright toajury trial, agree tofile anysuch lawsuit inanappropriate court inHamilton County, Indiana only, andagree thatsuch court isthe appropriate venue for and has jurisdiction oversame, andany hearing, trial orconference shall take place inthatlocale, unless agreed tootherwise inwriting byCity and Contractor. City and Contractor consent tothechoice oflaw, the choice ofdispute resolution designated by them, venue asprovided herein, andtopersonal jurisdiction over each ofthem asprovided herein andwaive anyrightto object tothe exercise ofpersonal jurisdiction bythe court andtoexclusive venue inthislocale. Anyaward, judgment oragreement insettlement ofadispute concerning such matters and resulting from negotiations orlitigation inwhich City andContractor are parties orparticipants shall beas binding upon surety asthough surety were named and joined insuch proceeding, provided that Contractor has been given areasonable opportunity tojoin, participate, assist orprovide supporting evidence inthe presentation ofany claim, defense orother issue incontroversy thatissettled or resolved thereby. 21.3 Continuation ofWork. Provided City continues tomake payments ofamounts notindispute, no dispute under this Paragraph shall interfere with theprogress oftheWork, and Contractor shall proceed withfurnishing the Work, including disputed performance, despite theexistence of, and without awaiting theresolution of, anysuch dispute. Thefailure orrefusal ofContractor tocontinue performing under such circumstances shallconstitute adefault under thisAgreement. 21.4 Claims Against Third Parties. Inany instance orproceeding whereby any claim, dispute orother matter incontroversy between City and Contractor involves, arises from orgives rise toasimilar claim, dispute orother matter incontroversy asbetween City andanother third-party, Contractor shall furnish andpresent toCity non-privileged evidence, documentation and other information to support itsclaim, defense orother position with respect thereto. 21.5 Waiver ofConsequential Damages. Contractor waives anyclaims against City forconsequential damages arising out oforrelating tothisAgreement. This waiver includes damages incurred by Contractor forprincipal office expenses, including the compensation ofpersonnel stationed there and other components ofhome office overhead, forlosses offinancing, business andreputation, for lossofmanagement oremployee productivity orofthe services ofsuchpersons and forlossofprofit except anticipated profit arising directly from theWork being performed hereunder. This waiver is applicable, without limitation, toallconsequential damages due toeither party’stermination in 9 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 accordance with this Agreement. 22. SEVERABILITY: Ifany term ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive order orother rule oflaw, suchterm shallbedeemed reformed ordeleted, butonly totheextent necessary to comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect. 23. NOTICE: Any notice provided for inthis Agreement will besufficient ifitisinwriting andisdelivered bypostage prepaid U.S. certified mail, return receipt requested, tothe party tobenotified attheaddress specified herein: IftoCity: CityofCarmel AND CityofCarmel Engineering Department Office ofCorporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 IftoContractor: Morphey Construction, Inc. 1499NSherman Drive Indianapolis, Indiana 46201-1515 Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven orally, aslongaswritten notice isthen provided as set forth hereinabove within five (5) business days from thedate ofsuchoral notice. 24. TERMINATION: 24.1 Notwithstanding anything tothecontrary contained inthis Agreement, City may, upon notice to Contractor, immediately terminate thisAgreement forcause, inthe event ofadefault hereunder by Contractor and/orifsufficient funds arenotappropriated orencumbered topay for theGoods and Services tobeprovided hereunder. Inthe event ofsuch termination, Contractor shall beentitled to receive onlypayment for theundisputed invoice amount representing conforming Goods and Services delivered asofthe date oftermination, except thatsuch payment amount shallnot exceed theContract Price amount ineffect atthe time oftermination, unless the parties have previously agreed inwriting toagreater amount. 24.2 Citymay terminate thisAgreement atanytimeupon thirty (30) days prior notice toContractor. Inthe event ofsuch termination, Contractor shallbe entitled toreceive onlypayment forthe undisputed invoice amount ofconforming Goods andServices delivered asofthe date oftermination, except thatsuch payment amount shall not exceed theContract Price amount ineffect atthetime of termination, unless theparties have previously agreed inwriting toagreater amount. 25. REPRESENTATIONS AND AUTHORITY TO EXECUTE: Theparties represent and warrant that theyareauthorized toenterinto this Agreement andthatthe persons executing this Agreement havethe authority tobind theparty which they represent. 10 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 26. FINAL COMPLETION AND CLOSEOUT: Inaddition toany requirements forfinal completion and closeout listed inGeneral and Supplementary Conditions, asacondition offinal payment andContract closeout, Contractor certifies orshall submit toCity thefollowing: a. Contractor certifies that payrolls, billsformaterials and equipment, and other indebtedness connected with theWork, forwhich CityorCity’sproperty might beresponsible orencumbered, lessamounts withheld bytheCity) have been paid orotherwise satisfied; b. Anyapplicable Contractor guarantees andwarranties; c. Acertificate evidencing thatinsurance required bytheContract Documents toremain inforce after final payment iscurrently ineffect; d. Consent ofsurety, ifany, tofinal payment; e. As-constructed record copyoftheContract Documents marked toindicate field changes and selections made during construction; f. Ifapplicable, allmanufacturer’swarranties, product data, testing and/orinspection results or reports, and maintenance andoperations manuals; g. Ifrequired byCity, other data establishing payment orsatisfaction ofobligations, such as receipts, or releases andwaivers ofliens, claims, security interests, orencumbrances, arising outoftheContract, totheextent and insuch form asmay bedesignated byCity; h. Anyother submittals required bythe Contract Documents; and i. Satisfactory evidence that any claims orliens filedhave been discharged orsatisfied. Ifan architect, aconsultant, orasubcontractor, orother person orentity providing services orwork fortheContractor, refuses tofurnish arelease orwaiver required byCity, theContractor may furnish abond satisfactory tothe Citytoindemnify City against such liens, claims, security interests, orencumbrances. Ifsuch liens, claims, security interests, orencumbrances remains unsatisfied after payments aremade, the Contractor shall refund toCity allmoney that City may becompelled topayin discharging such liens, claims, security interests, orencumbrances, including allcosts and reasonable attorney’sfees. 27. TERM: Unless otherwise terminated inaccordance with thetermination provisions under Contract Documents hereinabove, this Agreement shall beineffect from the Effective Date through satisfactory completion ofthe Work and delivery ofallGoods andServices according totheestablished schedule. 28. HEADINGS: Allheading and sections ofthis Agreement areinserted forconvenience onlyand donotform apartofthis Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof. 29. BINDING EFFECT: The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound totheother with respect toallofthecovenants, terms, warranties and obligations set forth inAgreement. 30. NOTHIRD PARTY BENEFICIARIES: This Agreement gives norights orbenefits toanyone other than Cityand Contractor. 31. DEBARMENT AND SUSPENSION: 31.1 The Contractor certifies byentering intothisAgreement that neither itnoritsprincipals nor any of its 11 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded fromentering into this Agreement byanyfederal agency orbyanydepartment, agency orpolitical subdivision ofthe State ofIndiana. The term “principal” forpurposes ofthis Agreement means anofficer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe Contractor. 31.2 TheContractor certifies thatithasverified thestate andfederal suspension and debarment status forallsubcontractors receiving funds under this Agreement and shallbesolely responsible forany recoupment, penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The Contractor shall immediately notify theCity ifany subcontractor becomes debarred orsuspended, andshall, attheCity’srequest, take allsteps required bytheCity toterminate itscontractual relationship with the subcontractor for work tobeperformed under thisAgreement. 32. PRIOR WORK: Inthe event that Contractor has delivered anyGoods and Services and/orperformed any oftheWork under this Agreement prior tothe date ofthisAgreement, pursuant toanauthorization toproceed orverbal directive issued byCity toContractor oraletter ofintent orverbal understanding entered into byand between Cityand Contractor, thisAgreement andalloftheterms andconditions thereof, including the payment obligations of Cityforsuch prior deliveries and/orperformance, shall govern such priordeliveries and/orperformance tothe same extent asthough they were performed ordelivered after the date hereof, andany amounts that were earned byContractor and paid byCity toContractor, orearned byContractor and still tobepaid byCity to Contractor, forsuch other previously delivered Goods andServices orperformed Work, shallbeapplied asa credit against Contractor’soverall compensation under this Agreement. 33. RIGHT TO ATTORNEY FEES: Inthe event City employs attorneys orincurs other expenses itmay deem necessary toprotect orenforce its rights under the Agreement where Contractor isindefault orbreach oftheAgreement, orCity otherwise is required toundertake performance ofContractor’sobligations hereunder because ofContractor’sfailure or refusal toperform, Contractor agrees topay theattorney fees, costs and expenses soincurred byCity. Furthermore, wherever intheAgreement Contractor agrees topayexpenses incurred byCity such expenses shall include, but are notlimited to, attorney fees incurred byCity. 34. DRUG FREE WORK SITE: Contractor anditsemployees shall comply withallprovisions ofthe Drug Free Workplace Act of1988 as amended. Theunlawful manufacture, distribution, dispensation, possession oruse ofacontrolled substance intheworkplace isprohibited. Contractor isresponsible forthedevelopment implementation, administration and enforcement ofaformal substance abuse policy (“Substance Abuse Policy”) which, as, aminimum, meets the standards set forth bythe City. 35. COMPLIANCE WITH IND. CODE § 5-16-13: Totheextent that this Project andAgreement issubject totherequirements ofIndiana Code § 5-16-13et seq., which areincorporated byreference as iffully restated herein, Contractor shallcomply with all applicable requirements setforththerein. 36. ACCESS TOPUBLIC RECORDS ACT: Contractor understands andagrees that any “public record”, asthat term isdefined inIndiana Code 5-14-3- 2(m), asamended, that isrelated to the subject matter ofthe Contract, whether the same isinthe 12 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 20243-509.00Local Road & StreetFund; P.O. #118224 Contract NotToExceed $103,000.00 possession or control ofContractor orCity, shall besubject torelease under and pursuant tothe provisions ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, etseq., asamended. 37. COMPETING LAWS: As between inconsistent provisions among Federal, Stateandlocal laws, Contractor should generally comply withthe more stringent requirement, unless aFederal law, rule orregulation requires thatthe affected Federal provision be observed, notwithstanding theexistence ofamore stringent applicable State orlocal requirement. 38. IRAN CERTIFICATION: Pursuant toI.C. § 5-22-16.5, theContractor shallcertify that, insigning thisAgreement, itdoes notengage in investment activities within the Country ofIran. 39. ADVICE OFCOUNSEL: Theparties warrant thattheyhave read thisAgreement and understand it, have hadtheopportunity toobtain legal advice and assistance of counsel throughout thenegotiation ofthisAgreement, andenter intosame freely, voluntarily, andwithout anyduress, undue influence orcoercion. 40. ENTIRE AGREEMENT: ThisAgreement, together with anyexhibits attached hereto orreferenced herein, constitutes the entire agreement between Contractor andCitywith respect tothesubject matter hereof, and supersedes allprior oral orwritten representations andagreements regarding same. Notwithstanding any other term orcondition setforth herein, butsubject toparagraph 16hereof, totheextent any term orcondition contained inany exhibit attached tothisAgreement orinanydocument referenced herein conflicts withanyterm orcondition contained in thisAgreement, the term orcondition contained in thisAgreement shall govern andprevail. This Agreement mayonly bemodified bywritten amendment executed byboth parties hereto, ortheir successors ininterest. 13 StevenP. Milbourne SteveP. Milbourne President 35-2046222 9/4/25 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. Steven P. Milbourne Morphey Construction, Inc. President 25September4th StevenP. Milbourne StevenP. Milbourne StevenP. Milbourne StevenP. Milbourne Page 1of1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmelFEDERALEXCISETAXEXEMPT 118224 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 25-05 - Carmel School Zone Signage Installation9/3/202500351732 MORPHEY CONSTRUCTION INC CityEngineering'sOffice VENDORSHIP1499NSHERMANDRIVE 1Civic Square TO Carmel, IN 46032- Laurie SlickINDIANAPOLIS, IN 46201--1515 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 104303 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 2200202Local Road & StreetFund Account: 43-509.00 1Each25-05 - Carmel School Zone Signage Installation$103,000.00$103,000.00 Sub Total 103,000.00 Send Invoice To: City Engineering'sOffice Laurie Slick 1Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 103,000.00PAYMENT 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. 118224 City of Carmel Project 22-ENG-06 Pennsylvania Street Roundabout Intersection Improvements CHANGE ORDER #1, FINAL Final balancing change order in addition to the addition of a redesigned roundabout configuration with left turn lane for west leg parcel ingress/egress. Contract Price prior to this Change Order $1,922,995.14 Contract Price will be increased/decreased by this Change Order $155,387.12 New Contract Price including this Change Order $2,078,382.26 Amount Adjusted Contract Price Cumulative % Change from Original Contract Original Contract $1,922,995.14 $1,922,995.14 N/A CO1 $155,378.12 $2,078,382.26 8% TO:E&B Paving LLC CONTRACT CHANGE ORDER FINAL 10500 Kincaid Dr DATE: 09/04/2025 Fishers, IN 46037 CITY REQ. NO.: N/A CITY PO NO.: 111215 CITY PO DATE: 09/10/2025 I. You are directed to make the following changes in this Contract: ITEM AMOUNT * See detail of items and summary of changed costs in attached Table II. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part of this Change Order: R.F.P.: _n/a___W.D.C. NO.:__n/a___ Other: ______________________________By Request from the City of Carmel per proposals included herein The changes result in the following adjustment of Contract Price and Contract Time: Contract Price prior to this Change Order 1,922,995.14$ Contract Price will be increased by this Change Order 155,387.12$ New Contract Price including this Change Order $2,078,382.26 Contract Time prior to this Change Order 0 Days 5/31/2025 Completion Date Net increased resulting from this Change Order 0 Days Current Contract Time including this Change Order 5/31/2025 Completion Date This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. Address City/State/Zip Date: 09/04/2025________Date:___________________ Add additional items due to modifications in the field and requests from Carmel Utility Departments. CITY OF CARMEL (+) OR ( - ) DAYS SCHEDULED ADJUSTMENT The Above Changes Are Recommended The Above Changes Are Accepted Approved _ $155,387.12 0 Days PROJECT NAME: 22-ENG-06 Intersection Improvements Pennsylvania Street RAB TOTAL OF CHANGE ORDER ITEMS _______________________ Beech Grove, IN 46107 Fishers, IN 46037 Jim Barlow, Member CROSSROAD ENGINEERS E&B Paving Bradley Pease, City Engineer ENGINEER CONTRACTOR Date:___________________ Phone: 317-780-1555 _______________________ Jacob Quinn, Clerk City/State/Zip _______________________ Alan Potasnik, Member By: Michael Trader, Assistant RPR By:____________________ ATTEST: 115 North 17th Ave 10500 Kincaid Dr Laura Campbell, Presiding Officer Address ____________________ ____________________ Jeff Beaton Division Manager September 7 2025 22-ENG-06 Intersection Improvements Pennylvania Street RAB CHANGE ORDER #1 TABLE Item No.Description Unit Unit Price Original Quantity Original Amount Final Quantity Final Amount Over/(Under) 1 Construction Engineering LS 35,000.00$ 1 $ 35,000.00 1 35,000.00$ -$ 2 Mobilization and Demobilization LS 96,149.75$ 1 $ 96,149.75 1 96,149.75$ -$ 3 Clearing of Right of Way LS 38,000.00$ 1 $ 38,000.00 1 38,000.00$ -$ 4 Excavation, Common CYD 54.00$ 2,629 $ 141,966.00 2349 126,846.00$ (15,120.00)$ 5 Borrow CYD 21.00$ 2,821 $ 59,241.00 2243 47,103.00$ (12,138.00)$ 6 Storm Water Quality Management Budget DOL 1.00$ 35,000 $ 35,000.00 3474.91 3,474.91$ (31,525.09)$ 7 SWQCP Management Implementation LS 52,520.70$ 1 $ 52,520.70 1 52,520.70$ -$ 8 SWQCP Preparation LS 2,600.00$ 1 $ 2,600.00 0 -$ (2,600.00)$ 9 Subgrade Treatment, Type IBC SYD 16.15$ 4,122 $ 66,570.30 3961.04 63,970.80$ (2,599.50)$ 10 Subgrade Treatment, Type II SYD 34.00$ 279 $ 9,486.00 242.93 8,259.62$ (1,226.38)$ 11 Subgrade Treatment, Type III SYD 6.00$ 3,360 $ 20,160.00 2939.23 17,635.38$ (2,524.62)$ 12 Subgrade Treatment (Undistributed)CYD 125.00$ 138 $ 17,250.00 52.3 6,537.50$ (10,712.50)$ 13 Structure Backfill, Type 2 CYD 91.00$ 139 $ 12,649.00 131.09 11,929.19$ (719.81)$ 14 Geogrid, Type IB (Undistributed)SYD 5.00$ 703 $ 3,515.00 208.04 1,040.20$ (2,474.80)$ 15 Compacted Aggregate, No. 53 CYD 88.00$ 474 $ 41,712.00 592.44 52,134.72$ 10,422.72$ 16 Milling, Asphalt, 1 1/2 IN SYD 13.50$ 214 $ 2,889.00 204.88 2,765.88$ (123.12)$ 17 QC/QA HMA, 3, 70, Surface, 9.5mm TON 135.00$ 242 $ 32,670.00 323.22 43,634.70$ 10,964.70$ 18 QC/QA HMA, 3, 64, Intermediate, 19.0mm TON 95.00$ 374 $ 35,530.00 459.78 43,679.10$ 8,149.10$ 19 QC/QA HMA, 3, 64, Base 25.0 mm TON 83.00$ 989 $ 82,087.00 1057.61 87,781.63$ 5,694.63$ 20 QC/QA HMA, 3, 76, Intermediate, OG 19.0mm TON 83.50$ 403 $ 33,650.50 387.46 32,352.91$ (1,297.59)$ 21 Asphalt for Tack Coat TON 1.00$ 3 $ 3.00 0 -$ (3.00)$ 22 Colored and Jointed Concrete, 7"SYD 122.00$ 253 $ 30,866.00 234.53 28,612.66$ (2,253.34)$ 23 Raised Crosswalk SYD 112.00$ 219 $ 24,528.00 194.75 21,812.00$ (2,716.00)$ 24 PCCP, 10.5", Decorative SFT 32.00$ 1,456 $ 46,592.00 1400.1 44,803.20$ (1,788.80)$ 25 HMA for Sidewalk TON 118.50$ 617 $ 73,114.50 718.67 85,162.40$ 12,047.90$ 26 Curb Ramp, Concrete SYD 153.00$ 250 $ 38,250.00 353.8 54,131.40$ 15,881.40$ 27 Detectable Warning Surfaces SYD 238.00$ 44 $ 10,472.00 45.98 10,943.24$ 471.24$ 28 Concrete Curb, Barrier LFT 30.00$ 1,190 $ 35,700.00 1076.6 32,298.00$ (3,402.00)$ 29 Center Curb, D, Concrete SYS 442.00$ 2 $ 884.00 1.67 738.14$ (145.86)$ 30 Curb & Gutter, Concrete, Type II LFT 28.00$ 828 $ 23,184.00 1043.1 29,206.80$ 6,022.80$ 31 Curb & Gutter, Concrete, Type III LFT 70.00$ 37 $ 2,590.00 28.4 1,988.00$ (602.00)$ 32 Curb and Gutter Roll Curb for Truck Apron LFT 36.00$ 254 $ 9,144.00 262 9,432.00$ 288.00$ 33 Curb and Gutter Roll Curb LFT 70.00$ 69 $ 4,830.00 100.8 7,056.00$ 2,226.00$ 34 PCCP for Approaches, 9 IN SYD 112.50$ 279 $ 31,387.50 242.93 27,329.63$ (4,057.87)$ 35 Topsoil (Undistributed)CYD 60.00$ 408 $ 24,480.00 90 5,400.00$ (19,080.00)$ 36 Sod SYD 6.02$ 2,150 $ 12,943.00 1951.33 11,747.01$ (1,195.99)$ 37 Mulched Seeding SYD 1.18$ 4,894 $ 5,774.92 4951.96 5,843.31$ 68.39$ 38 Field Office, C MOS 1,300.00$ 4 $ 5,200.00 0 -$ (5,200.00)$ 39 Computer System Equipment EA 405.00$ 2 $ 810.00 0 -$ (810.00)$ 40 Computer System EA 1,770.00$ 2 $ 3,540.00 0 -$ (3,540.00)$ 41 Pipe, Type 4, Circular, 6"LFT 12.00$ 1,026 $ 12,312.00 991.5 11,898.00$ (414.00)$ 42 Pipe, Underdrain Outlet, 6"LFT 30.00$ 110 $ 3,300.00 112 3,360.00$ 60.00$ 43 Pipe, RCP, Circular, 12"LFT 80.00$ 410 $ 32,800.00 441.4 35,312.00$ 2,512.00$ 44 Pipe, RCP, Circular, 15"LFT 90.00$ 65 $ 5,850.00 56 5,040.00$ (810.00)$ 45 Pipe End Section, Concrete, 15"EA 1,975.00$ 1 $ 1,975.00 1 1,975.00$ -$ 46 Video Inspection for Pipe LFT 5.30$ 475 $ 2,517.50 327.39 1,735.17$ (782.33)$ 47 Video Inspection for Underdrain LFT 2.25$ 1,136 $ 2,556.00 967.12 2,176.02$ (379.98)$ 48 Geotextile for Underdrain, Type 1A SYD 3.00$ 934 $ 2,802.00 912.5 2,737.50$ (64.50)$ 49 Aggregate for underdrains CYD 103.00$ 93 $ 9,579.00 98.55 10,150.65$ 571.65$ 50 Adjust Casting to Grade, Storm Manhole EA 1,495.00$ 1 $ 1,495.00 1 1,495.00$ -$ 51 Casting, Type 4, Furnish and Adjust to Grade EA 2,295.00$ 1 $ 2,295.00 1 2,295.00$ -$ 52 Manhole, Reconstruct with Casting Type 4 EA 2,400.00$ 4 $ 9,600.00 4 9,600.00$ -$ 53 Casting, Type 7, Furnish and Adjust to Grade EA 2,225.00$ 1 $ 2,225.00 1 2,225.00$ -$ 54 Casting, R-4217, Furnish EA 2,525.00$ 1 $ 2,525.00 1 2,525.00$ -$ 55 Structure, Sanitary Manhole, Reconstruct EA 2,500.00$ 1 $ 2,500.00 1 2,500.00$ -$ 56 Manhole, C-4 EA 4,800.00$ 1 $ 4,800.00 1 4,800.00$ -$ 57 Manhole, C-4, Doghouse EA 9,500.00$ 2 $ 19,000.00 2 19,000.00$ -$ 58 Inlet, B-15 EA 3,785.00$ 4 $ 15,140.00 5 18,925.00$ 3,785.00$ 59 Inlet, C-15 EA 3,785.00$ 1 $ 3,785.00 1 3,785.00$ -$ 60 Inlet, E-7 EA 2,900.00$ 8 $ 23,200.00 8 23,200.00$ -$ 61 Remove/Replace/Relocate Valve & Hydrant EA $17,900.00 1 $ 17,900.00 1 17,900.00$ -$ 62 Adjust Water Valve to Grade EA $1,915.00 1 $ 1,915.00 2 3,830.00$ 1,915.00$ 63 Road Closure Sign Assembly EA $289.00 3 $ 867.00 6 1,734.00$ 867.00$ 64 Detour Route Sign Assembly EA $192.00 18 $ 3,456.00 36 6,912.00$ 3,456.00$ 65 Construction Sign, A EA $244.00 8 $ 1,952.00 16 3,904.00$ 1,952.00$ 66 Construction Sign, B EA $85.00 8 $ 680.00 8 680.00$ -$ 67 Maintaining Traffic LS $56,500.00 1 $ 56,500.00 1 56,500.00$ -$ 22-ENG-06 Intersection Improvements Pennylvania Street RAB CHANGE ORDER #1 TABLE Item No.Description Unit Unit Price Original Quantity Original Amount Final Quantity Final Amount Over/(Under) 68 Barricade, III-A LFT $13.00 64 $ 832.00 116 1,508.00$ 676.00$ 69 Barricade, III-B LFT $15.00 104 $ 1,560.00 76 1,140.00$ (420.00)$ 70 Sign Post, Square, 1, Reinforced Anchor Base LFT $53.00 193 $ 10,229.00 205.03 10,866.59$ 637.59$ 71 Sign, Sheet, and Supports, Remove EA $100.00 2 $ 200.00 2 200.00$ -$ 72 Modified, Sign, Sheet with Legend, 0.080"SFT $48.00 75 $ 3,600.00 75 3,600.00$ -$ 73 Modified, Sign, Sheet with Legend, 0.100"SFT $50.00 58 $ 2,900.00 58 2,900.00$ -$ 74 Decorative Street Sign Assembly EA $5,500.00 3 $ 16,500.00 3 16,500.00$ -$ 75 Controller and Cabinet, P-1, Modified EA $20,000.00 1 $ 20,000.00 1 20,000.00$ -$ 76 Controller Cabinet Foundation, P-1, Modified EA $4,500.00 1 $ 4,500.00 1 4,500.00$ -$ 77 Adjust Casting to Grade, Utility Manhole EA $1,198.58 1 $ 1,198.58 1 1,198.58$ -$ 78 Handhole, Irrigation EA $2,000.00 15 $ 30,000.00 15 30,000.00$ -$ 79 Handhole, Bulk Series 1 EA $3,500.00 5 $ 17,500.00 5 17,500.00$ -$ 80 Handhole, Bulk Series 4 EA $4,000.00 4 $ 16,000.00 4 16,000.00$ -$ 81 Service Point, II, Modified EA $4,500.00 1 $ 4,500.00 1 4,500.00$ -$ 82 Lighting Foundation, Concrete, with Grounding, 30" dia. x 96"EA $4,000.00 6 $ 24,000.00 6 24,000.00$ -$ 83 Luminaire, Ornamental EA $4,000.00 6 $ 24,000.00 6 24,000.00$ -$ 84 Light Pole, Ornamental EA $10,000.00 6 $ 60,000.00 6 60,000.00$ -$ 85 Conduit, PVC, 4 IN, Schedule 80 LFT $50.00 74 $ 3,700.00 90 4,500.00$ 800.00$ 86 Conduit, PVC, 2 IN. Schedule 80 LFT $40.00 568 $ 22,720.00 568 22,720.00$ -$ 87 Conduit, PVC, 1.25 IN, Schedule 80 LFT $30.00 258 $ 7,740.00 220 6,600.00$ (1,140.00)$ 88 Conduit, PVC, 1.25", Schedule 80 with wire, #4 Copper, In Plastic Duct 4- 1/C LFT $45.00 239 $ 10,755.00 239 10,755.00$ -$ 89 Conduit, PVC, 1.25", Schedule 40 with wire, #4 Copper, In Plastic Duct 4- 1/C LFT $47.00 355 $ 16,685.00 355 16,685.00$ -$ 90 Two 1 1/4" Conduit HDPE SDR11 via HDD LFT $24.17 4256 $ 102,867.52 4577 110,626.09$ 7,758.57$ 91 12 Strand Fiber Optic Cable Installation LFT $2.64 361 $ 953.04 0 -$ (953.04)$ 92 144 Strand Fiber Optic Cable Installation LFT $3.07 7500 $ 23,025.00 7861 24,133.27$ 1,108.27$ 93 Splice Kit, 12 Strand EA $1,315.00 1 $ 1,315.00 0 -$ (1,315.00)$ 94 Splice Kit, 72 Strand EA $2,320.00 1 $ 2,320.00 3 6,960.00$ 4,640.00$ 95 P-1 Cabinet Connection, 72 Strand Cable EA $4,680.45 1 $ 4,680.45 1 4,680.45$ -$ 96 P-1 Cabinet Connection, 144 Strand Cable EA $7,692.39 2 $ 15,384.78 2 15,384.78$ -$ 97 Building Termination LS $1,386.81 1 $ 1,386.81 0 -$ (1,386.81)$ 98 Subsurface Potholing, Half Day, Undistributed EA $560.00 10 $ 5,600.00 2 1,120.00$ (4,480.00)$ 99 Line, Thermoplastic, Broken, White, 4"LFT $3.78 60 $ 226.80 70.5 266.49$ 39.69$ 100 Line, Thermoplastic, Dotted, White, 8"LFT $7.56 82 $ 619.92 84 635.04$ 15.12$ 101 Line, Thermoplastic, Dotted, White, 6"LFT $5.67 40 $ 226.80 46 260.82$ 34.02$ 102 Pavement Message Marking, Multi Component, White, Ped Xing EA $1,000.00 10 $ 10,000.00 0 -$ (10,000.00)$ 103 Line, Thermoplastic, Solid, White, 6"LFT $2.49 633 $ 1,576.17 730.45 1,818.82$ 242.65$ 104 Transverse Marking, Thermoplastic, Lane Indication Arrow EA $209.00 18 $ 3,762.00 19 3,971.00$ 209.00$ 105 Transverse Marking, Thermoplastic, Yield, White, 36"LFT $23.98 78 $ 1,870.44 46 1,103.08$ (767.36)$ 106 Line, Thermoplastic, Solid Yellow, 4"LFT $1.24 984 $ 1,220.16 917 1,137.08$ (83.08)$ 107 Snowplowable Pavement Marker, Yellow EA $125.00 2 $ 250.00 2 250.00$ -$ 108 Snowplowable Pavement Marker, Blue EA $125.00 1 $ 125.00 3 375.00$ 250.00$ 109 Added Turn Lane DOL $1.00 0 $ - 202473 202,472.99$ 202,472.99$ 155,387.12$ CONTRACT PRICE PRIOR TO CHANGE ORDER 1,922,995.14$ CHANGE ORDER #1 155,387.12$ NEW CONTRACT AMOUNT INCLUDING APPROVED CHANGE ORDERS 2,078,382.26$ TOTAL OF CHANGE ORDER ITEMS 22-ENG-06 Intersection Improvements Pennylvania Street RAB EXHIBIT A You have been directed to make the following changes in this Contract: Item No.Description Reason For Change 1 Construction Engineering N/A 2 Mobilization and Demobilization N/A 3 Clearing of Right of Way N/A 4 Excavation, Common Agreed upon quantities from Original Design and Redesign by Contractor 5 Borrow Agreed upon quantities from Original Design and Redesign by Contractor 6 Storm Water Quality Management Budget Did not use all of budget 7 SWQCP Management Implementation N/A 8 SWQCP Preparation Contractor did not provide SWQCP plan, used Erosion Control in Plans 9 Subgrade Treatment, Type IBC Measured Field Quantity 10 Subgrade Treatment, Type II Measured Field Quantity 11 Subgrade Treatment, Type III Measured Field Quantity 12 Subgrade Treatment (Undistributed) Undistributed 13 Structure Backfill, Type 2 Measured Field Quantity 14 Geogrid, Type IB (Undistributed) Undistributed 15 Compacted Aggregate, No. 53 Undercuts and Field Measured Quantities 16 Milling, Asphalt, 1 1/2 IN Measured Field Quantity 17 QC/QA HMA, 3, 70, Surface, 9.5mm Added Turn Lane Redesign 18 QC/QA HMA, 3, 64, Intermediate, 19.0mm Added Turn Lane Redesign 19 QC/QA HMA, 3, 64, Base 25.0 mm Added Turn Lane Redesign 20 QC/QA HMA, 3, 76, Intermediate, OG 19.0mm Field Change at Direction of RPR 21 Asphalt for Tack Coat No Tickets Provided 22 Colored and Jointed Concrete, 7" Field Measured Quantity 23 Raised Crosswalk Added Turn Lane Redesign 24 PCCP, 10.5", Decorative Added Turn Lane Redesign 25 HMA for Sidewalk Added Turn Lane Redesign 26 Curb Ramp, Concrete Added Turn Lane Redesign 27 Detectable Warning Surfaces Added Turn Lane Redesign 28 Concrete Curb, Barrier Field Measured Quantity 29 Center Curb, D, Concrete Field Measured Quantity 30 Curb & Gutter, Concrete, Type II Added Turn Lane Redesign 31 Curb & Gutter, Concrete, Type III Field Measured Quantity 32 Curb and Gutter Roll Curb for Truck Apron Field Measured Quantity 33 Curb and Gutter Roll Curb Field Measured Quantity 34 PCCP for Approaches, 9 IN Added Turn Lane Redesign 35 Topsoil (Undistributed) Contractor able to utilize existing topsoil from site stripping 36 Sod Field Measured Quantity 37 Mulched Seeding Field Measured Quantity 38 Field Office, C Item not used 39 Computer System Equipment Item not used 40 Computer System Item not used 41 Pipe, Type 4, Circular, 6" Field Measured Quantity 42 Pipe, Underdrain Outlet, 6" Field Measured Quantity 43 Pipe, RCP, Circular, 12" Field Measured Quantity 44 Pipe, RCP, Circular, 15" Field Measured Quantity 45 Pipe End Section, Concrete, 15" N/A 46 Video Inspection for Pipe Field Measured Quantity 47 Video Inspection for Underdrain Field Measured Quantity 48 Geotextile for Underdrain, Type 1A Field Measured Quantity 49 Aggregate for underdrains Field Measured Quantity 50 Adjust Casting to Grade, Storm Manhole N/A 51 Casting, Type 4, Furnish and Adjust to Grade N/A 52 Manhole, Reconstruct with Casting Type 4 N/A 53 Casting, Type 7, Furnish and Adjust to Grade N/A 54 Casting, R-4217, Furnish N/A 55 Structure, Sanitary Manhole, Reconstruct N/A 56 Manhole, C-4 N/A 57 Manhole, C-4, Doghouse N/A Pennsylvania Street RAB 22-ENG-06 Intersection Improvements Pennylvania Street RAB EXHIBIT A You have been directed to make the following changes in this Contract: Item No.Description Reason For Change 58 Inlet, B-15 Added Turn Lane Redesign 59 Inlet, C-15 N/A 60 Inlet, E-7 N/A 61 Remove/Replace/Relocate Valve & Hydrant N/A 62 Adjust Water Valve to Grade Additional adjustment at direction of RPR 63 Road Closure Sign Assembly Added Turn Lane Redesign 64 Detour Route Sign Assembly Added Turn Lane Redesign 65 Construction Sign, A Added Turn Lane Redesign 66 Construction Sign, B N/A 67 Maintaining Traffic N/A 68 Barricade, III-A Added Turn Lane Redesign 69 Barricade, III-B Type III-A used in place. 70 Sign Post, Square, 1, Reinforced Anchor Base Field Measured Quantity 71 Sign, Sheet, and Supports, Remove N/A 72 Modified, Sign, Sheet with Legend, 0.080" N/A 73 Modified, Sign, Sheet with Legend, 0.100" N/A 74 Decorative Street Sign Assembly N/A 75 Controller and Cabinet, P-1, Modified N/A 76 Controller Cabinet Foundation, P-1, Modified N/A 77 Adjust Casting to Grade, Utility Manhole N/A 78 Handhole, Irrigation N/A 79 Handhole, Bulk Series 1 N/A 80 Handhole, Bulk Series 4 N/A 81 Service Point, II, Modified N/A 82 Lighting Foundation, Concrete, with Grounding, 30" dia. x 96"N/A 83 Luminaire, Ornamental N/A 84 Light Pole, Ornamental N/A 85 Conduit, PVC, 4 IN, Schedule 80 Measured Field Quantity 86 Conduit, PVC, 2 IN. Schedule 80 N/A 87 Conduit, PVC, 1.25 IN, Schedule 80 Measured Field Quantity 88 Conduit, PVC, 1.25", Schedule 80 with wire, #4 Copper, In Plastic Duct 4-1/CN/A 89 Conduit, PVC, 1.25", Schedule 40 with wire, #4 Copper, In Plastic Duct 4-1/CN/A 90 Two 1 1/4" Conduit HDPE SDR11 via HDD Field change per direction from Morgan Rhinehart 91 12 Strand Fiber Optic Cable Installation Item not used 92 144 Strand Fiber Optic Cable Installation Field change per direction from Morgan Rhinehart 93 Splice Kit, 12 Strand Item not used 94 Splice Kit, 72 Strand Field change per direction from Morgan Rhinehart 95 P-1 Cabinet Connection, 72 Strand Cable N/A 96 P-1 Cabinet Connection, 144 Strand Cable N/A 97 Building Termination Field change per direction from Morgan Rhinehart 98 Subsurface Potholing, Half Day, Undistributed Underrun on plan quantity 99 Line, Thermoplastic, Broken, White, 4" Added Turn Lane Redesign 100 Line, Thermoplastic, Dotted, White, 8" Added Turn Lane Redesign 101 Line, Thermoplastic, Dotted, White, 6" Added Turn Lane Redesign 102 Pavement Message Marking, Multi Component, White, Ped XingField Change per Cities direction 103 Line, Thermoplastic, Solid, White, 6" Added Turn Lane Redesign 104 Transverse Marking, Thermoplastic, Lane Indication ArrowAdded Turn Lane Redesign 105 Transverse Marking, Thermoplastic, Yield, White, 36" Added Turn Lane Redesign 106 Line, Thermoplastic, Solid Yellow, 4" Added Turn Lane Redesign 107 Snowplowable Pavement Marker, Yellow N/A 108 Snowplowable Pavement Marker, Blue Additional installed on 111th at direction of RPR 109 Added Turn Lane Amount provided by E&B for Grade&Drain, Asphalt&Concrete, and ISB CzBmmjtpoMzodi.NdHsbuibu:;69bn-Tfq16-3136 Cultivate Geospatial Solutions, LLC Information & Communication Systems Department - 2025 Appropriation #111510143-404.02Fund; P.O.#118157 Contract NotToExceed $55,000.00 5. TIME AND PERFORMANCE: This Agreement shall become effective asofthelast date on which aparty hereto executes same Effective Date”), andbothparties shall thereafter perform their obligations hereunder inatimely manner. Time isofthe essence ofthisAgreement. 6. DISCLOSURE AND WARNINGS: Ifrequested byCity, Vendor shall promptly furnish toCity, insuch formanddetail asCitymaydirect, alistofallchemicals, materials, substances and items used inorduring theprovision oftheGoods and Services provided hereunder, including thequantity, quality andconcentration thereof and any other information relating thereto. Atthe time ofthedelivery oftheGoods and Services provided hereunder, Vendor agrees tofurnish toCitysufficient written warning and notice (including appropriate labels on containers andpacking) ofanyhazardous material utilized inorthat isapart oftheGoods andServices. 7. LIENS: Vendor shall notcause orpermit thefiling of anylien onanyofCity’sproperty. Intheevent any such lienisfiledand Vendor failsto remove such lienwithin ten (10) daysafter thefiling thereof, by payment orbonding, Cityshall have the right topay such lienorobtain such bond, allatVendor’s solecost andexpense. 8. DEFAULT: Intheevent Vendor: (a) repudiates, breaches ordefaults under any ofthe terms orconditions ofthis Agreement, including Vendor’swarranties; (b) fails toprovide theGoods and Services asspecified herein; (c) fails tomake progress soastoendanger timely andproper provision oftheGoods and Services and does notcorrect such failure orbreach within five (5) business days (orsuchshorter period oftime asiscommercially reasonable under thecircumstances) afterreceipt ofnotice from City specifying such failure orbreach; or (d) becomes insolvent, isplaced intoreceivership, makes ageneral assignment forthe benefit ofcreditors or dissolves, eachsuch event constituting anevent ofdefault hereunder, City shall have theright to (1) terminate allorany parts ofthis Agreement, without liability toVendor; and (2) exercise allother rights and remedies available toCity atlaw and/orinequity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure andmaintain infullforce and effect during the term ofthis Agreement, withan insurer licensed to dobusiness intheState ofIndiana, such insurance asisnecessary forthe protection ofCityandVendor from all claims for damages under any workers’ compensation, occupational disease and/orunemployment compensation act; forbodily injuries including, butnot limited to, personal injury, sickness, disease or death ofortoany ofVendor’sagents, officers, employees, contractors and subcontractors; and, for any injury toordestruction ofproperty, including, but notlimited to, any loss ofuseresulting therefrom. Thecoverage amounts shall beno lessthan those amounts set forth inattached Exhibit C. Vendor shall cause itsinsurers toname City asanadditional insured onallsuch insurance policies, shall promptly provide City, uponrequest, withcopies ofallsuch policies, and shall provide that such insurance policies shall notbecanceled without thirty (30) daysprior notice toCity. Vendor shall indemnify and hold harmless Cityfrom and against any and allliabilities, claims, demands orexpenses (including, butnotlimited to, reasonable 2 Cultivate Geospatial Solutions, LLC Information & Communication Systems Department - 2025 Appropriation #111510143-404.02Fund; P.O.#118157 Contract NotToExceed $55,000.00 attorney fees) forinjury, death and/ordamages toany person or property arising from or in connection withVendor’sprovision ofGoods andServices pursuant toorunder thisAgreement or Vendor’suse ofCity property. Vendor further agrees toindemnify, defend andholdharmless Cityanditsofficers, officials, agents andemployees fromallclaims andsuits ofwhatever type, including, but notlimited to, allcourtcosts, attorney fees, and other expenses, caused byany act oromission ofVendor and/orofany of Vendor’sagents, officers, employees, contractors orsubcontractors intheperformance of this Agreement. These indemnification obligations shall survive thetermination ofthis Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply withall federal, state andlocal laws, executive orders, rules, regulations andcodes which may beapplicable toVendor’sperformance ofitsobligations under thisAgreement, andallrelevant provisions thereof are incorporated herein by thisreference. Vendor agrees to indemnify andholdharmless Cityfrom anyloss, damage and/orliability resulting from anysuch violation ofsuch laws, orders, rules, regulations and codes. Thisindemnification obligation shall survive thetermination ofthisAgreement. 11. NONDISCRIMINATION: Vendor represents andwarrants thatitandallofitsofficers, employees, agents, contractors and subcontractors shall comply with alllaws oftheUnited States, the State ofIndiana and City prohibiting discrimination against anyemployee, applicant foremployment orother person inthe provision ofany Goods and Services provided bythisAgreement withrespect totheir hire, tenure, terms, conditions andprivileges ofemployment and any other matter related totheir employment or subcontracting, because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam era veteran status. 12. E-VERIFY: Pursuant toI.C. § 22-5-1.7etseq., asthesame may be amended from time totime, and asis incorporated herein bythisreference (the “Indiana E-Verify Law”), Vendor isrequired toenroll inand verify thework eligibility status ofitsnewly-hired employees using the E-Verify program, and to execute theAffidavit attached herein asExhibit D, affirming that itisenrolled and participating inthe E-Verify program and does notknowingly employ unauthorized aliens. Insupport ofthe Affidavit, Vendor shall provide the Citywith documentation indicating thatithas enrolled and is participating intheE-Verify program. Should Vendor subcontract fortheperformance ofanywork under and pursuant tothis Agreement, itshallfully comply with theIndiana E-Verify Lawasregards each suchsubcontractor. Should theVendor oranysubcontractor violate theIndiana E-Verify law, the Citymayrequire acure ofsuch violation andthereafter, ifnotimely cure isperformed, terminate this Agreement inaccordance with either theprovisions hereof orthose set forthintheIndiana E- Verify Law. The requirements ofthisparagraph shallnotapply should the E-Verify program cease toexist. 13. NO IMPLIED WAIVER: Thefailure ofeither party torequire performance bytheother ofanyprovision ofthisAgreement shall notaffect therightofsuch party torequire such performance atany time thereafter, norshall thewaiver by any party ofabreach ofany provision ofthis Agreement constitute awaiver ofany 3 Cultivate Geospatial Solutions, LLC Information & Communication Systems Department - 2025 Appropriation #111510143-404.02Fund; P.O.#118157 Contract NotToExceed $55,000.00 succeeding breach ofthesame oranyother provision hereof. 14. NON-ASSIGNMENT: Vendor shallnot assign orpledge thisAgreement, whether as collateral for aloan orotherwise, and shallnot delegate itsobligations under thisAgreement without City’spriorwritten consent. 15. RELATIONSHIP OF PARTIES: The relationship oftheparties hereto shall beasprovided for inthis Agreement, andneither Vendor nor any ofitsofficers, employees, contractors, subcontractors and agents are employees ofCity. The contract price setforth herein shallbethefull and maximum compensation andmonies required ofCity tobepaid toVendor under orpursuant tothis Agreement. 16. GOVERNING LAW; LAWSUITS: ThisAgreement istobeconstrued inaccordance with and governed bythelaws oftheState of Indiana, except for itsconflict oflawsprovisions. Theparties agree that, intheevent alawsuit isfiled hereunder, they waive their right toajurytrial, agree tofileany suchlawsuit inanappropriate court inHamilton County, Indiana only, andagree thatsuch court isthe appropriate venue forandhas jurisdiction over same. 17. SEVERABILITY: Ifanyterm ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive order orother ruleoflaw, such term shall bedeemed reformed ordeleted, but only tothe extent necessary tocomply withsame, and theremaining provisions ofthis Agreement shall remain infullforce and effect. 18. NOTICE: Any notice provided forinthisAgreement willbesufficient ifitisinwriting andisdelivered by postage prepaid U.S. certified mail, return receipt requested, totheparty tobe notified attheaddress specified herein: IftoCity: City ofCarmel AND City ofCarmel ICSDepartment Office ofCorporation Counsel 10701 NCollege Ave, Suite A OneCivic Square Carmel, Indiana 46280 Carmel, Indiana 46032 IftoVendor: Cultivate Geospatial Solutions, LLC 3500 Depauw Blvd, Suite 10807 Indianapolis, Indiana 46268 Notwithstanding the above, notice oftermination under paragraph 19hereinbelow shallbeeffective ifgiven orally, aslong aswritten notice isthenprovided assetforth hereinabove within five (5) business days from thedateofsuch oral notice. 19. TERMINATION: 19.1 Notwithstanding anything tothecontrary contained inthisAgreement, Citymay, upon notice 4 Cultivate Geospatial Solutions, LLC Information & Communication Systems Department - 2025 Appropriation #111510143-404.02Fund; P.O.#118157 Contract NotToExceed $55,000.00 toVendor, immediately terminate thisAgreement for cause, inthe event ofadefault hereunder byVendor and/orifsufficient funds arenotappropriated orencumbered topay fortheGoods and Services tobeprovided hereunder. Intheevent ofsuch termination, Vendor shall beentitled toreceive only payment fortheundisputed invoice amount representing conforming Goods andServices delivered asofthedateoftermination, except that such payment amount shallnotexceed the Estimate amount ineffect atthetime of termination, unless theparties havepreviously agreed inwriting toagreater amount. 19.2 Citymay terminate this Agreement atany time upon thirty (30) daysprior notice toVendor. Intheevent ofsuch termination, Vendor shall beentitled toreceive only payment for the undisputed invoice amount ofconforming Goods andServices delivered asofthedate of termination, except that such payment amount shallnotexceed theEstimate amount in effect atthe time oftermination, unless the parties have previously agreed inwriting toa greater amount. 19.3 The City may terminate thisAgreement pursuant toParagraph 11hereof, asappropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent andwarrant that they are authorized toenter intothisAgreement and thatthe persons executing thisAgreement have the authority tobind theparty which theyrepresent. 21. ADDITIONAL GOODS AND SERVICES: Vendor understands and agrees that City may, from time totime, request Vendor toprovide additional goods andservices toCity. When Citydesires additional goods and services fromVendor, theCity shall notify Vendor ofsuch additional goods and services desired, aswell asthetime frame inwhich same aretobeprovided. OnlyafterCity has approved Vendor’stime and cost estimate for theprovision ofsuch additional goods andservices, hasencumbered sufficient monies topayfor same, and hasauthorized Vendor, inwriting, toprovide such additional goods andservices, shall suchgoods andservices beprovided byVendor toCity. AcopyoftheCity’sauthorization documents forthe purchase ofadditional goods and services shall be numbered andattached hereto inthe order inwhich they are approved byCity. 22. TERM: Unless otherwise terminated inaccordance with thetermination provisions set forth inParagraph 19 hereinabove, thisAgreement shall beineffect from the Effective Date through thesatisfactory completion ofservices and/ordelivery andacceptance ofgoods contracted for herein. 23. HEADINGS: All heading and sections ofthisAgreement areinserted forconvenience onlyanddo notform apart ofthisAgreement norlimit, expand orotherwise alter themeaning ofanyprovision hereof. 24. BINDING EFFECT: The parties, andtheirrespective officers, officials, agents, partners, successors, assigns and legal representatives, are bound tothe other withrespect toallofthecovenants, terms, warranties and obligations setforth inAgreement. 5 Cultivate Geospatial Solutions, LLC Information & Communication Systems Department - 2025 Appropriation #111510143-404.02Fund; P.O.#118157 Contract NotToExceed $55,000.00 25. NO THIRD PARTY BENEFICIARIES: This Agreement gives norights orbenefits toanyone other thanCityandVendor. 26. DEBARMENT AND SUSPENSION: 26.1 The Vendor certifies byentering intothisAgreement thatneither itnoritsprincipals nor any ofitssubcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded fromentering intothis Agreement byany federal agency or byany department, agency orpolitical subdivision oftheState ofIndiana. Theterm “principal” forpurposes ofthis Agreement means an officer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson who hasacritical influence on or substantive control overtheoperations oftheVendor. 26.2 TheVendor certifies that ithas verified the state andfederal suspension and debarment status forallsubcontractors receiving funds under thisAgreement andshall besolely responsible foranyrecoupment, penalties orcosts that might arise fromuseofasuspended or debarred subcontractor. The Vendor shall immediately notify theCity ifany subcontractor becomes debarred orsuspended, andshall, atthe City’srequest, take allsteps required bytheCity toterminate its contractual relationship withthe subcontractor for work tobe performed under thisAgreement. 27. IRANCERTIFICATION: Pursuant toI.C. § 5-22-16.5, the Vendor shall certify that, insigning thisAgreement, itdoes not engage ininvestment activities within theCountry ofIran. 28. ADVICE OF COUNSEL: The parties warrant that they have readthisAgreement andunderstand it, have had theopportunity toobtain legaladvice andassistance ofcounsel throughout thenegotiation ofthis Agreement, and enter intosame freely, voluntarily, andwithout anyduress, undue influence orcoercion. 29. ACCESS TO PUBLIC RECORDS ACT: Vendor understands andagrees that any “public record”, astheterm isdefined inIndiana Code 5- 14-3-2(m), asamended, that isrelated tothesubject matter ofthe Contract, whether the same isin thepossession orcontrol ofVendor orCity, shall besubject torelease under and pursuant tothe provisions ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, etseq., as amended. 30. SUSPENSION OFSERVICES: A. Suspension due tosecurity or integrity threats. Vendor agrees toprovide atleast twelve (12) hours notice tothe Cityifany suspension ofservices orgood deliveries will benecessary due toa threat tothetechnical security ortechnical integrity oftheservices ordelivery systems. B. Suspension duetopayment dispute. Ifthe Parties arehaving abilling orpayment dispute, Vendor shall notsuspend theservices under theAgreements between theParties until such disputes is resolved orAgreements between theParties areterminated. 6 Cultivate Geospatial Solutions, LLC Information & Communication Systems Department - 2025 Appropriation #111510143-404.02Fund; P.O.#118157 Contract NotToExceed $55,000.00 31. DATA TRANSFER UPON TERMINATION: Upon termination ofthe Agreement, andifVendor possesses anyCity digital data orelectronic content (collectively “Customer Data andContent”), Vendor shall notdelete and shall allow theCity todownload andexport allsuch Customer Data andContent heldintheservices byVendor forninety 90) daysfollowing termination. 32. LIMITATION ON USEOF CUSTOMER DATA AND CONTENT: Vendor shallnotuse, disclose, sell, license, rent, orotherwise exploit Customer Dataand Content foranycommercial purposes, nor forany purpose beyond thescope ofproviding theservices set forthinthe Agreements between the Parties. Alluse of Customer Data and Content byVendor must comply with allapplicable federal, state, andlocal laws, rules, andregulations. 33. MARKETING: AnyVendor press-releases announcing the partnership between theParties, shallbecoordinated withthe City’smarketing department. 34. DATA AND INFORMATION PROTECTION: A. Definitions. Capitalized terms used inthisSection shall have themeanings setforth, below: Authorized Persons" means (i) the Vendor'semployees; and (ii) the Vendor'ssubcontractors and agents whohave aneed toknow orotherwise access Personal Information toenable the Vendor to perform itsobligations under thisAddendum and theAgreement, and who arebound inwriting by confidentiality and other obligations sufficient toprotect Personal Information inaccordance withthe terms and conditions ofthisAddendum and theAgreement. Highly Sensitive Personal Information" means an (i) individual'sgovernment-issued identification number (including Social Security number, driver'slicense number, orstate-issued identification number); (ii) financial account number, credit card number, debit card number, orcredit report information, withorwithout anyrequired security code, access code, personal identification number, orpassword thatwould permit access toanindividual'sfinancial account; or (iii) biometric, genetic, health, medical, ormedical insurance data. Personal Information" means information provided to theVendor byoratthedirection oftheCity, information which iscreated orobtained bytheVendor onbehalf oftheCity, orinformation towhich access wasprovided totheVendor byoratthe direction oftheCity, inthe course oftheVendor's performance under thisAddendum and theAgreement that: (i) identifies orcanbeusedtoidentify anindividual (including, without limitation, names, signatures, addresses, telephone numbers, email addresses, and other unique identifiers); or (ii) can beusedtoauthenticate anindividual (including, without limitation, employee identification numbers, government-issued identification numbers, passwords orPINs, user identification andaccount access credentials orpasswords, financial account numbers, credit report information, student information, biometric, health, genetic, medical, ormedical insurance data, answers tosecurity questions, and other personal identifiers), incase of both subclauses (i) and (ii), including, without limitation, allHighly Sensitive Personal Information. 7 Cultivate Geospatial Solutions, LLC Information & Communication Systems Department - 2025 Appropriation #111510143-404.02Fund; P.O.#118157 Contract NotToExceed $55,000.00 Security Breach" means (i) anyact oromission thatcompromises either thesecurity, confidentiality, orintegrity ofPersonal Information orthephysical, technical, administrative, ororganizational safeguards putinplace bytheVendor oranyAuthorized Persons, orbytheCity should theVendor have access totheCity'ssystems, thatrelate totheprotection ofthesecurity, confidentiality, or integrity ofPersonal Information, or (ii) receipt ofacomplaint inrelation totheprivacy anddata security practices oftheVendor orany Authorized Persons orabreach oralleged breach ofthis Addendum and/orAgreement relating tosuch privacy anddatasecurity practices. Without limiting theforegoing, acompromise shall include any unauthorized access toordisclosure oracquisition of Personal Information. B. Standard ofCare. i. Vendor acknowledges andagrees that, during theterm oftheAgreement, Vendor may create, receive, orhave access toPersonal Information. For anyPersonal Information, Vendor shall comply with thisSection initscreation, collection, receipt, transmission, storage, disposal, use, and disclosure ofsuchPersonal Information and beresponsible forany unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure ofPersonal Information under its control orinitspossession byallAuthorized Persons. Vendor shall beresponsible for, and remain liable to, theCity fortheactions and omissions ofallAuthorized Persons concerning thetreatment ofPersonal Information. ii. Personal Information isdeemed to beConfidential Information oftheCityand isnotConfidential Information ofVendor. iii. Vendor agrees and covenants thatitshall: a. Keep andmaintain allPersonal Information instrict confidence, using suchdegree ofcare as isappropriate toavoid unauthorized access, use, ordisclosure; b. Notcreate, collect, receive, access, orusePersonal Information inviolation oflaw; c. Useanddisclose Personal Information solely and exclusively forthe purposes for which the Personal Information, oraccess toit, isprovided pursuant totheterms and conditions ofthis Addendum and the Agreement, and not use, sell, rent, transfer, distribute, orotherwise disclose ormake available Personal Information forVendor'sown purposes orfor thebenefit ofanyone other thanthe City, ineach case, without theCity'spriorwritten consent; and d. Notdirectly orindirectly, disclose Personal Information toanyperson other than Authorized Persons, without theCity'sprior written consent. iv. Vendor shall implement and maintain awritten information security program, including appropriate policies, procedures, and risk assessments. v. Ataminimum, Vendor'ssafeguards fortheprotection ofPersonal Information shallinclude: a. Limiting access ofPersonal Information toAuthorized Persons; 8 Cultivate Geospatial Solutions, LLC Information & Communication Systems Department - 2025 Appropriation #1115 10143-404.02Fund; P.O.#118157 Contract NotToExceed $55,000.00 b. Securing business facilities, data centers, paper files, servers, backup systems, andcomputing equipment, including, but notlimited to, allmobile devices andotherequipment with information storage capability; c. Implementing network, application, database, andplatform security; (iv) securing information transmission, storage, and disposal; d. Implementing authentication andaccess controls within media, applications, operating systems, and equipment; e. Encrypting Highly Sensitive Personal Information stored onany media; f. Encrypting Highly Sensitive Personal Information transmitted over public orwireless networks; g. Strictly segregating Personal Information from information ofVendor oritsother customers sothat Personal Information isnotcommingled with anyothertypes ofinformation; h. Conducting riskassessments, penetration testing, and vulnerability scans and promptly implementing, atVendor'ssole cost andexpense, acorrective action plantocorrect anyissues that are reported as aresult ofthe testing; i. Implementing appropriate personnel security and integrity procedures andpractices, including, butnotlimited to, conducting background checks consistent withapplicable law; and j. Providing appropriate privacy andinformation security training toAuthorized Persons. C. Security Breach. IfSecurity Breach occurs that affects Vendor’sobligations tothe Cityunder theAgreements between the Parties, orPersonal orConfidential Information, Vendor shall: i. Notify theCityofaSecurity Breach assoon as practicable, butnolater than forty-eight (48) hours after the Vendor becomes aware ofit; ii. Atitsown expense, use best efforts toimmediately contain and remedy any Security Breach and prevent any further Security Breach, including, butnot limited totaking any and allaction necessary tocomply with applicable privacy rights, laws, regulations, and standards. Vendor shall reimburse the Cityforallactual costs incurred by theCity inresponding to, and mitigating damages caused byanySecurity Breach, including all costs ofnotice and/orremediation; iii. Maintain and preserve all documents, records, and other data related toany Security Breach; iv. Fullycooperate, atitsown expense, with the Cityinany litigation, investigation, orother action deemed necessary bytheCity toprotect itsrights relating to the use, disclosure, protection, and maintenance of Personal orConfidential Information. D. Cyber Liability Insurance. Vendor shall maintain cyber liability insurance coverage ofnotless than 1,000,000eachclaim and annual aggregate providing coverage fordamages and claims expenses, including notification expenses, arising from (1) breach ofnetwork security, (2) alteration, corruption, destruction ordeletion ofinformation stored orprocessed onacomputer system, (3) invasion ofprivacy, including identity theft andunauthorized transmission orpublication ofpersonal information, (4) unauthorized access anduseofcomputer systems, including hackers, (5) thetransmission ofmalicious 9 August1, 2025 TerryKrueskamp 10701N. College, Ave, SteA, Carmel, Indiana46280 RE: ProposalforVehicleMaintenanceSoftwareIntegration CultivateGeospatialSolutions, LLC (CGS), ispleasedtopresentourproposalforProfessionalServices fortheCityofCarmel, IN. ProjectOverview Thegoalofthisprojectistointegrateseveraltechnologiestosupportvehiclemaintenancewithinthe City. ThesetechnologiesincludeGIS, telemetry, andenterpriseassetmanagement (EAM) fleetdata. Theresultingintegrationwillprovidethefollowingbusinessvalue: Greaterefficienciesforcreatingworkorders Enhancingfleetmanagementprocesses Longervehiclelife Eventuallythisprojectcouldgrowtothepublicsafetyfleet ScopeofWork Task1: Velocityand/orGeoEvent ManagerConfiguration:Thistaskwillincludethesetupand configurationofArcGISVelocityStandardtosupportreadingofreal-time/nearreal-timedatafrom Geotab. Sincethesolutionisintendedtoscaletosupportallcityvehiclesitisrecommendedtouse ArcGISVelocityhostedinArcGISOnline. Task2: GeotabandCityworksIntegration: IntegrationofGeotabTelemetryDatawithCityworksEAM tosupportbothpreventativeandreactivemaintenanceworkordersbasedoninformationinGeotab includingitemssuchasodometerreadings, enginehours, oillife, etc. Fornewervehiclesintheflights 2008orlater), moredirectreadingscanbeintegrated. Onceaworkorderiscompletetheintegration willpushdataupdatestoGeotabforinformationonthingslikelastoilchangemileage. Thedatatobe senttoGeotabisdependentonthesupportforsuchdataupdatesthroughtheGeotabAPI. Task3: GISVisualization: MapvisualizationthroughArcGISDashboardand/orExperienceBuilderwill beprovidedforvehiclelocationinformationandsummaryofGeotab/Cityworksmaintenance information, asdesired. Task4: DocumentationandKnowledgeTransfer: CGSwillprovidetraininganduser/admin documentationfortheintegrations, Velocity/GeoEventConfiguration, andresultingMapVisualization application. ProposedArchitecture MaintenanceGeotabInformation AGOLStream Vehicle Information Velocity StatusInformation IntegrationMaintenanceEventCode Work Order CreationCityworks Maintenance Work Order Complete CostProposal ITEMTotal Cost VehicleMaintenanceSoftwareIntegration 55,500 InvoiceTerms: CGSwillinvoiceonamonthlypercentcompletebasis. InvoicetermsareNET30days. IfthisproposalmeetstheCityofCarmel’ssatisfaction,pleasesignandemailadigitallyscannedcopy ofthisagreementfoundbelowtomeataibaugh@cultivategeospatial.com.Wesincerelyappreciatethe opportunitytocontinuetoservetheCityofCarmel. Wearereadytobeginworkingontheproject immediately. Sincerely, AllenIbaugh, AICP, GISP CEO AuthorizationSignatures: CultivateGeospatialSolutions,LLCCity of Carmel, Indiana By: By: Name: Allen Ibaugh, AICP, GISP Name: Title: CEOTitle: aibaugh@cultivategeospatial.com Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Person Providing Date Goods/Services Goods/ Service Provided Signature Printed Name EXHIBIT B Invoice Goods/Services Provided Describe each good/service separately and in detail) GRAND TOTAL Date: Goods Cost Per Item Services Hourly Total Rate/ Hours Worked EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $500,000 each employee Bodily Injury by Accident/Disease: $500,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability (Occurrence Basis), Bodily Injury, Personal Injury, Property Damage, Contractual Liability, Products – Completed Operations: General Aggregate Limit (other than Products/Completed Operations): $2,000,000 Products/Completed Operations: $1,000,000 Personal & Advertising Injury Limit: $500,000 Each Occurrence Limit: $1,000,000 Damage to Premises: $100,000 each occurrence Fire Damage (any one fire): $250,000 each occurrence Medical Expense Limit (any one person): $10,000 Auto Liability (owned, hired, and non-owned) Bodily Single Limit: $1,000,000 each accident Injury and Property Damage: $1,000,000 each accident Policy Limit: $1,000,000 Umbrella/Excess Liability Each Occurrence: $1,000,000 Aggregate: $1,000,000 Maximum Deductible: $10,000 CzTfshfzHsfdivlijobu2;55qn-Tfq19-3136 CITY OF CARMEL, INDIANA Information CARTER GREEN SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. FACILITY* Neighborhood Name/Streets to be closed 1. CITY FACILITY REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & James Building) PALLADIUM EAST PATIO (on the Campus of the Center for the Performing Arts) 2. STREET(S) REQUESTED: Carter Green Loop (no address on map) so we didn't know to include it on original approved request. Include addresses as appropriate 5HTXHVWLQJDPHQGPHQW )XOO&ORVXUHRI/RRS $GGLQJFRQHVEDUULFDGHVDOFRKROYHQGRU '25$$SSURYHG ,QLWLDO$SSURYHG5HTXHVWLQFOXGHG CFD: STREETS: Request submission date: Department Review: MAC: ENG: CPD: yes, 09/09/2025 PARKS: yes, 09/09/2025 yes, 09/09/2025 yes, 09/09/2025 UPLOAD MAP Type of Closure: Further Info for type of closure REQUESTS: CITY SERVICES NEEDED: Cones* Barricades* Tall Skinny Cones * No Parking Signs* An easy to read, color map of the area is required with submission. map 2025 - Vendor Fair layout.html 864.25KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: We are amending our approved request to ask that the Carter Green Loop be closed during our event, and during set up and tear down for the safety of our vendors and guests to the festival. 3. SPECIAL REQUESTS: Mark all that apply ELECTRICITY JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 2 Please note the number of Tall Skinny Cones needed 16 Please note the number of NO PARKING SIGNS needed 8 Event Purpose & Description: 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* 5. EVENT DETAILS: Provide a brief description of event Secret Families of Hamilton County Fall Festival/Vendor Boutique Fair to raise funds for our mission of serving families in need during the holiday season. This fundraiser will be our first event in Carmel. Our inaugural fundraiser was help in Arcadia IN and had over 75+ vendors. We have already secured 100+ vendors for this event since it was approved over a year ago. We have artisan vendors, food and beverage vendors, face painting and balloon twisting for kids and live music secured for a fun community event. Attach additional pages if needed-SEE BELOW 9/21/2025 9/21/2025 8:00:00 AM 6:00:00 PM 11:00:00 AM 5:00:00 PM No Yes Number of People Expected:* Fees? Fees (cont'd) Vendors Vendors Present* Contact Person 500 Will a Fee be charged for this event? If yes, please describe below. YES NO Purpose of fee Vendors pay booth fee as main fundraiser EVENT SET UP: Mark all that apply Stage Stage within Carter Green Ampitheater Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 10 x10 and 10x20 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other Vendors attending the event Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Mark all that apply VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section R under “General Terms and Conditions” in the Public Use Policy. N/A Approximently how many vendors will be present? 110 6. CONTACT INFORMATION: Leachia Kern Email Phone Number: Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. Secret Families of Hamilton County City Carmel State / Province / Region IN Postal / Zip Code 46033 Country United States Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City")Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ 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. Secret Families of Hamilton County Name of Organization/Applicant Signature of Authorized Agent/Applicant Leachia Kern, Co-Executive Director Printed Name and Title (If applicable) Phone Number (Required) ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT 11439 Regency Lane, Carmel IN Address of Organization/Applicant 9/9/2025 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 CITY OF CARMEL, INDIANA Information CARTER GREEN SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. FACILITY* Neighborhood Name/Streets to be closed 1. CITY FACILITY REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & James Building) PALLADIUM EAST PATIO (on the Campus of the Center for the Performing Arts) 2. STREET(S) REQUESTED: Include addresses as appropriate 5HTXHVWVXEPLVVLRQGDWH 'HSDUWPHQW5HYLHZ 0$& <HV&)' <HV (1* <HV675((76 <HV &3' <HV3$5.6 <HV &HQWHURI3HUIRUPLQJ$UWV5HFRPPHQGDWLRQ <HV UPLOAD MAP Type of Closure: Further Info for type of closure REQUESTS: CITY SERVICES NEEDED: Event Use/Purpose: Description of Event: 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: Mark all that apply ELECTRICITY JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS: Secret Families of Hamilton County Fall Festival/Vendor Boutique Fair to raise funds for our mission of serving families in need in Hamilton County during the holiday season. Provide a brief description of event We just completed our inaugural fall festival and vendor boutique fair in Arcadia IN and are looking to move the event to Carmel in 2025. In 2024 we had 75+ vendors participate and are hoping to grow the festival to 110 vendors in 2025. At this festival we had craft and artisan vendors, kids activities such as face painting, food vendors and live music. Attached is a copy of our flyer from the 2024 event for your reference. Attach additional pages if needed-SEE BELOW flyer.pdf 2.03MB ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT Event Date Start*Event Date End* If multiple dates, please list Set-Up time* Tear Down End time* Event Start time:* Event End time:* Rehearsal Number of People Expected:* Fees? Fees (cont'd) 9/21/2025 9/21/2025 We are flexible on our date. 8:00:00 AM 6:00:00 PM 11:00:00 AM 5:00:00 PM NA 500 Will a Fee be charged for this event? If yes, please describe below. YES NO Purpose of fee Vendors will pay booth fee as main fundraiser. EVENT SET UP: Mark all that apply Stage stage within Carter Green Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 10x10 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other Carter Green Amphitheater Vendors Vendors Present* Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Vendors would be setting up their own tents for the event. Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Mark all that apply VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section R under “General Terms and Conditions” in the Public Use Policy. N/A Approximently how many vendors will be present? 110 6. CONTACT INFORMATION: Leachia Kern ldkern@sbcglobal.net 3175136375 Secret Families of Hamilton County City Carmel State / Province / Region IN Postal / Zip Code 46033 Country United States Street Address 11439 Regency Lane Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City")Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Secret Families of Hamilton County Name of Organization/Applicant Signature of Authorized Agent/Applicant Leachia Kern, Co-Executive Director Printed Name and Title (If applicable) 317-513-6375 Phone Number (Required) 11439 Regency Lane, Carmel, IN 46033 Address of Organization/Applicant 9/29/2024 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ -DPHV%DUORZ, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ SPECIAL EVENT / FACILITY USE REQUEST Information Facility(s) Event Purpose & Description:* Has this event been held at City facility before?* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:*Tear Down time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Neighborhood Name/Streets to be closed Upload Map 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza Reflecting Pool Other 2. EVENT DETAILS Provide a brief description of event Second annual Indiana Jewish festival! Yesterday’s was such a success, everyone wants to hear next years date! Attach additional pages if needed-SEE BELOW Yes No 8/30/2026 8/30/2026 8:00:00 AM 6:00:00 PM End Time 12:00:00 AM 4:00:00 AM No Yes 600 Will a Fee be charged for this event? If yes, please describe below. Yes No 2. STREET(S) REQUESTED: Same as this years Jewish fest! South side of civic square and where City halls parking lot NE corner meets veterans way. Purple on map. Include addresses as appropriate An easy to read, color map of the area is required with submission. Festival Map.jpeg 621.16KB 08/30/2025 yes, 09/03/2025 yes, 09/03/2025 yes, 09/03/2025yes, 09/03/2025 yes, 09/04/2025 Clayton Bell/City Hall: Yes, 09/03/2025 yes, 09/3/2025 Type of Closure: Further Info for type of closure Requests: City Services Needed Cones* Tall Skinny Cones * Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: South side closure should allow pre festival entrance for vendor drop offs and festival trucks. E.g. food trucks etc 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 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 Tall Skinny Cones needed 20 5. 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* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. 6. VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 15-20 7. CONTACT INFORMATION: Dovid Grossbaum CHabad of Indiana City Carmel State / Province / Region IN Postal / Zip Code 46032 Country USA Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * Submit I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Dovid Grossbaum Name of Organization/Applicant Signature of Authorized Agent/Applicant Dovid Grossbaum Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 8/25/2025 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:__________________________________________________________________ SPECIAL EVENT / FACILITY USE REQUEST Information Facility(s) Event Purpose & Description:* Has this event been held at City facility before?* Event Date Start * Per the City of Carmel Special Event/Facility Use Policy, requests must be received at least 60 days prior to the event. Event Date End* If multiple dates, please list Set-Up time:*Tear Down time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza Reflecting Pool Other Clay Terrace/Clay Terrace Partners LLC (southbound drive lane from Sweetgreen to Orvis) 2. EVENT DETAILS Provide a brief description of event 13th Annual Boo 'n Brew Fall Festival. Free, Community Event with mall-wide trick- or-treating, 2 band performances, beer garden, pumpkin patch, booth vendors will setup on southbound Clay Terrace drive lane, along with face painters, hayrides, and other fall entertainment. Attach additional pages if needed-SEE BELOW Yes No 10/18/2025 10/18/2025 7:00:00 AM 9:00:00 PM End Time 2:00:00 PM 6:00:00 PM No Yes 10,000 Will a Fee be charged for this event? If yes, please describe below. Yes No 2. STREET(S) REQUESTED: 09.02.2025 yes, 9/04/2025 yes, 9/03/2025 Kelly Douglas approved the less than 60 days yes, 09/04/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: City Services Needed Clay Terrace Boulevard, Southbound driving lane (requesting to close from Sweetgreen to Orvis) 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: Clay Terrace Boulevard southbound driving lane from Sweetgreen (14400 Clay Terrace Blvd Suite 145, Carmel, IN 46032) to Orvis (14250 Clay Terrace Blvd, Carmel, IN 46032) will be blocked off for our 13th annual trick-or-treating event. We will block off with our own barricades & reroute traffic to the east or west behind our buildings (property owned by Clay Terrace/Clay Terrace Partners LLC) to continue the flow of southbound traffic onto onto Clay Terrace Blvd/Rangeline (map attached). 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. 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 Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Phone Number of Merchant(s) doing set up: 6. VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 25 7. CONTACT INFORMATION: Christine Foulke, Marketing Director christine.foulke@cbre.com 3173068225 3173068225 Clay Terrace Partners LLC City Carmel State / Province / Region IN Postal / Zip Code 46032 Country USA Street Address 14390 Clay Terrace Blvd Address Line 2 Suite 165 For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * Submit I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Clay Terrace Partners LLC Name of Organization/Applicant Signature of Authorized Agent/Applicant Christine Foulke, Marketing Director Printed Name and Title (If applicable) 3173068225 Phone Number (Required) 14390 Clay Terrace Blvd, Suite 165, Carmel, IN 46032 Address of Organization/Applicant 9/2/2025 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:__________________________________________________________________ Key: Event Area Southbound Traffic Pattern Road Block Clay Terrace Boo ‘n Brew Fall Festival Oct. 18, 2025 2-6 pm SPECIAL EVENT / FACILITY USE REQUEST Information Facility(s) Event Purpose & Description:* Has this event been held at City facility before?* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:*Tear Down time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Neighborhood Name/Streets to be closed Upload Map 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza Reflecting Pool Other 2. EVENT DETAILS Provide a brief description of event KBSO Consulting is celebrating 10-years in business and are hosting an open house for our clients to see our office building. Attach additional pages if needed-SEE BELOW Yes No 10/30/2025 10/30/2025 9:00:00 AM 7:00:00 PM End Time 3:00:00 PM 7:00:00 PM No Yes 100 Will a Fee be charged for this event? If yes, please describe below. Yes No 2. STREET(S) REQUESTED: 200-300 block of Veterans Way parking spots only. No street closures. Include addresses as appropriate An easy to read, color map of the area is required with submission. 08/29/2025 x Private Office Building yes, 09/03/2025 yes, 09/03/2025 yes, 09/03/2025 yes, 09/03/2025 yes, 09/04/2025 yes, 09/3/2025 Type of Closure: Further Info for type of closure Requests: City Services Needed No Parking Signs* Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Reserving 10 city parking spots in front of 275 Veterans Way, Carmel, IN. 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Please note the number of NO PARKING SIGNS needed 10 5. 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: 6. VENDORS: Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 7. CONTACT INFORMATION: State / Province / Region IN Country United States Samantha Ueltschi sueltschi@kbsoconsulting.com 3177064869 KBSO Consulting LLC Street Address 275 Veterans Way Address Line 2 300 City Carmel Postal / Zip Code 46032 For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * Submit I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. KBSO Consulting LLC Name of Organization/Applicant Signature of Authorized Agent/Applicant Jordyn Gladis, Director of Operations Printed Name and Title (If applicable) 3176898128 Phone Number (Required) 275 Veterans Way, 300 Carmel, IN 46032 Address of Organization/Applicant 8/28/2025 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:__________________________________________________________________ 06 * 1/ /'*' ' & 2 ' * 6 ' ( * 7 * )7 /** / * *' ' ' 0 ( * 76* 0 7) /** ' * 6 ' /** * / * * * . 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CITY REVIEW AR PROJECT: CLIENT: CARMEL, IN TRIPLEX WJ LEONARD SITE ADDRESS: SITE SECTION: 695 1ST AVE SECTION 30, T18N, R4W. 1. I N S T A L L C O N S T R U C T I O N F E N C E A R O U N D D R I P L I N E S O F E X I S T I N G T R E E S T O R E M A I N . N O C O M P A C T I O N O R IN C R E A S E D D E P T H O F S O I L O V E R T H E R O O T S Y S T E M A R E A P R I O R T O A N D D U R I N G C O N S T R U C T I O N . 2. A L L L A W N A R E A S S H A L L B E S E E D E D A N D M U L C H E D W I T H T H E F O L L O W I N G M I X T U R E : 2 0 % I M P R O V E D PE R E N N I A L R Y E G R A S S , 4 0 % F I N E F E S C U E , A N D 4 0 % K E N T U C K Y B L U E G R A S S A T A R A T E O F 3 - 4 L B S / 1 0 0 0 S F T . 3. A L L E D G I N G S H A L L B E S T A N D A R D C O M M E R C I A L - S T E E L E D G I N G 316" X 4 " , R O L L E D E D G E , F A B R I C A T E D I N SE C T I O N S O F S T A N D A R D L E N G T H S , W I T H L O O P S S T A M P E D F R O M O R W E L D E D T O F A C E O F S E C T I O N S T O RE C E I V E S T A K E S I N S T A N D A R D F I N I S H O F G R E E N P A I N T . 4. P R O V I D E Q U A L I T Y , S I Z E , G E N U S , S P E C I E S , A N D V A R I E T Y O F E X T E R I O R P L A N T S I N D I C A T E D , C O M P L Y I N G W I T H AP P L I C A B L E R E Q U I R E M E N T S I N A N S I Z 6 0 . 1 " A M E R I C A N S T A N D A R D F O R N U R S E R Y S T O C K . " M E A S U R E AC C O R D I N G T O A N S I Z 6 0 . 1 S T A N D A R D S . 5. M A I N T A I N A N D E S T A B L I S H L A W N B Y W A T E R I N G , F E R T I L I Z I N G , W E E D I N G , M O W I N G , T R I M M I N G , R E P L A N T I N G , A N D OTH E R O P E R A T I O N S . R O L L , R E G R A D E , A N D R E P L A N T B A R E O R E R O D E D A R E A S A N D R E M U L C H T O P R O D U C E A UN I F O R M L Y S M O O T H L A W N . 6. B E G I N L A W N M A I N T E N A N C E I M M E D I A T E L Y A F T E R E A C H A R E A I S P L A N T E D A N D C O N T I N U E U N T I L A C C E P T A B L E LA W N I S E S T A B L I S H E D : A M I N I M U M O F 6 0 D A Y S A F T E R S U B S T A N T I A L C O M P L E T I O N . 7. P R O T E C T A D J A C E N T A N D A D J O I N I N G S T R U C T U R E S , U T I L I T I E S , S I D E W A L K S , P A V E M E N T S , A N D P L A N T I N G S F R O M HY D R O S E E D I N G O V E R - S P R A Y A N D D A M A G E C A U S E D B Y P L A N T I N G O P E R A T I O N S . 8. R E M O V E S T O N E S L A R G E R T H A N 1 " I N A N Y D I M E N S I O N A N D S T I C K , R O O T S , R U B B I S H , A N D O T H E R E X T R A N E O U S MA T T E R F R O M S I T E . 9. M A I N T A I N L A W N U N T I L A H E A L T H Y , U N I F O R M , C L O S E S T A N D O F G R A S S H A S B E E N E S T A B L I S H E D , F R E E O F WE E D S A N D S U R F A C E I R R E G U L A R I T I E S , W I T H C O V E R A G E E X C E E D I N G 9 0 % O V E R A N Y 1 0 S F T A N D B A R E S P O T S DO N O T E X C E E D 5 B Y 5 I N C H E S . 10 . M A I N T A I N T R E E S A N D S H R U B S F O R O N E Y E A R F R O M D A T E O F S U B S T A N T I A L C O M P L E T I O N B Y P R U N I N G , CUL T I V A T I N G , W A T E R I N G , W E E D I N G , F E R T I L I Z I N G , R E S T O R I N G P L A N T I N G S A U C E R S , T I G H T E N I N G A N D RE P A I R I N G S T A K E S A N D G U Y S U P P O R T S , A N D R E S E T T I N G T O P R O P E R G R A D E S O R V E R T I C A L P O S I T I O N , A S RE Q U I R E D T O E S T A B L I S H H E A L T H Y V I A B L E P L A N T I N G S . S P R A Y A S R E Q U I R E D T O K E E P T R E E S A N D S H R U B S FR E E O F I N S E C T S A N D D I S E A S E . 11 . R E M O V E A N D R E P L A C E D E A D P L A N T S I M M E D I A T E L Y . R E P L A C E P L A N T S T H A T A R E M O R E T H A N 2 5 % D E A D O R I N AN U N H E A L T H Y C O N D I T I O N A T E N D O F W A R R A N T Y P E R I O D . A L I M I T O F O N E R E P L A C E M E N T O F E A C H P L A N T WIL L B E R E Q U I R E D , E X C E P T F O R L O S S E S O R R E P L A C E M E N T S D U E T O F A I L U R E T O C O M P L Y W I T H RE Q U I R E M E N T S . 12 . T R E E S , A N D S H R U B S S H A L L B E W A R R A N T E D F O R O N E Y E A R F R O M D A T E O F S U B S T A N T I A L C O M P L E T I O N AG A I N S T D E F E C T S I N C L U D I N G D E A T H A N D U N S A T I S F A C T O R Y G R O W T H , E X C E P T F O R D E F E C T S R E S U L T I N G FR O M I N C I D E N T S T H A T A R E B E Y O N D C O N T R A C T O R ' S C O N T R O L . Tr e e P l a n t i n g S c h e d u l e NU M B E R A N D T Y P E O F P L A N T S T O BE P R O V I D E D A N D I N S T A L L E D PR O P O S E D D E C I D U O U S T R E E 1 Xx PR O P O S E D S H R U B D E C I D U O U S / E V E R G R E E N ALL U T I L I T I E S A S S H O W N A R E A P P R O X I M A T E L O C A T I O N S D E R I V E D FR O M A C T U A L M E A S U R E M E N T S A N D A V A I L A B L E R E C O R D S . T H E Y SH O U L D N O T B E I N T E R P R E T E D T O B E E X A C T L O C A T I O N N O R SH O U L D I T B E A S S U M E D T H A T T H E Y A R E T H E O N L Y U T I L I T I E S I N T H E ARE A . F I E L D W O R K P E R F O R M E D B Y : C E C , I N C . SO D L A W N W I T H I R R I G A T I O N O N 4 " TO P S O I L PE R E N N I A L R Y E G R A S S W I T H O U T I R R I G A T I O N ON 4 " T O P S O I L PR O P O S E D C O N I F E R O U S T R E E LE G E N D LA N D S C A P I N G N O T E S Sh r u b P l a n t i n g S c h e d u l e BA C K F I L L W I T H 1 / 2 C L E A N E X I S T . S O I L , 1/4 C E R T I F I E D T O P S O I L & 1 / 4 O R G A N I C MA T E R I A L A P P R O V E D B Y T H E C O U N T Y . US E W A T E R T O S E T T L E O U T V O I D S I N BA C K F I L L E D S O I L . AT P L A N T I N G P R U N E O N L Y C R O S S I N G LIM B S , C O - D O M I N A N T L E A D E R S , SU C K E R S A T R O O T B A L L , B R O K E N O R DEA D B R A N C H E S A N D A N Y B R A N C H E S THA T P O S E A H A Z A R D T O P E D E S T R I A N S . DO N O T C U T T E R M I N A L L E A D E R . CEN T E R T R U N K O F T R E E I N P I T WA T E R T H O R O U G H L Y T W I C E W I T H I N THE F I R S T 4 8 H O U R S 3 - W O O D O R S T E E L STA K E S S I Z E D APP R O P R I A T E L Y T O STA B I L I Z E T R E E . NO T E : STA K I N G O F B A L L A N D B U R L A P T R E E S R E Q U I R E D A T T H E D I S C R E T I O N OF T H E C O N T R A C T O R . C O N T R A C T O R I S R E S P O N S I B L E F O R RE M O V A L O F A L L S T A K I N G A T E N D O F O N E Y E A R W A R R A N T Y P E R I O D . DIG H O L E 2 TIM E S T H E W I D T H OF R O O T B A L L . PLA C E R O O T B A L L O N UN D I S T U R B E D S O I L STA K I N G O P T I O N A L . S T A K E S O R G U Y S RE T O B E I N S T A L L E D U S I N G ACC E P T E D A R B O R I C U L T U R E P R A C T I C E CU T A N D R E M O V E A L L W R A P P I N G I N C L U D I N G BU R L A P , T W I N E , A N D B A S K E T F R O M TO P 1 / 3 O F B A L L A N D R E M O V E F R O M SIT E 2" T O 4 " S H R E D D E D H A R D W O O D M U L C H LE A V E 3 " R I N G U N M U L C H E D A T T R E E BA S E . SU B G R A D E CR E A T E A 3 " E A R T H SAU C E R W I T H M U L C H RIN G A T E D G E O F PLA N T I N G H O L E PL A N T T R E E S O TO P O F B A L L I S 2 " T O 3 " ABO V E T H E L E V E L O F THE S U R R O U N D I N G SOI L REM O V E A N Y T A G S , R I B B O N S , O R PAC K A G I N G F R O M T R E E B R A N C H E S AN D T R U N K . SC A R I F Y E D G E S O F P L A N T I N G HO L E P R I O R T O B A C K F I L L I N G . US E F L E X I B L E G U Y S AN D T I E S W I T H A BR O A D S M O O T H SU R F A C E . T I E A T O N E TH I R D F U L L H E I G H T O F TRE E . R E M O V E A F T E R ON E Y E A R . AD D M Y C O R R H I Z A L L A N D S C A P E I N O C U L A N T TO P L A N T I N G H O L E W I T H B A C K F I L L . TY P I C A L D E C I D U O U S TR E E P L A N T I N G D E T A I L L1 . 0 - 1 7 0 1 0 2 NO T T O S C A L E CO N S T R U C T E A R T H S A U C E R W I T H 3 " H I G H BE A M . W A T E R T H O R O U G H L Y T W I C E W I T H I N TH E F I R S T 4 8 H O U R S CU T A N D R E M O V E A L L W R A P P I N G I N C L U D I N G TW I N E , B U R L A P A N D W I R E C A G E S F R O M T O P ON E T H I R D O F R O O T B A L L 6" M I N . BA C K F I L L W I T H 1 / 2 C L E A N E X I S T I N G S O I L , 1 / 4 SA N D , 1 / 4 O R G A N I C M A T T E R 1'-6"MIN. 2" M U L C H EX T E N D I N G OV E R B E A M BR E A K SU B G R A D E S O I L WIT H A P I C K 1/8 T O 1 / 4 O F R O O T B A L L A B O V E G R A D E PL A N T S H R U B S O T O P O F R O O T B A L L IS L E V E L W I T H E X I S T I N G G R A D E . 3" H A R D W O O D M U L C H . LE A V E 3 " R I N G UN M U L C H E D A T S H R U B BA S E . BA C K F I L L W I T H N A T I V E S O I L A N D U S E W A T E R T O S E T T L E O U T V O I D S I N B A C K F I L L E D S O I L . PLA C E R O O T B A L L O N UN D I S T U R B E D S O I L . SCA R I F Y E D G E S O F PLA N T I N G H O L E P R I O R TO B A C K F I L L I N G . AD D M Y C O R R H I Z A L L A N D S C A P E IN O C U L A N T T O P L A N T I N G H O L E WIT H B A C K F I L L . DIG H O L E 2 x TH E W I D T H OF R O O T B A L L . TY P I C A L S H R U B P L A N T I N G D E T A I L L1. 0 - 1 7 0 1 0 3 NO T T O S C A L E N 1 in c h = f t . 0 10 10 2 0 15 NO R T H - L A N D S C A P E B U F F E R Y A R D A LE N G T H = 1 6 5 ' MIN Y A R D W I D T H : 5 ' ( F R O N T A N D S I D E ) , 1 0 ' ( R E A R ) 4 S H A D E O R E V E R G R E E N ( P E R 1 0 0 F T ) 165 / 1 0 0 * 4 = 7 T R E E S 0 O R N A M E N T A L ( P E R 1 0 0 ) 0 S H R U B S ( P E R 1 0 0 F T ) EA S T - L A N D S C A P E B U F F E R Y A R D A LE N G T H = 6 6 ' MIN Y A R D W I D T H : 5 ' ( F R O N T A N D S I D E ) , 1 0 ' ( R E A R ) 4 S H A D E O R E V E R G R E E N ( P E R 1 0 0 F T ) 66 / 1 0 0 * 4 = 3 T R E E S 0 O R N A M E N T A L ( P E R 1 0 0 F T ) 0 S H R U B S ( P E R 1 0 0 F T ) SO U T H - L A N D S C A P E B U F F E R Y A R D C LE N G T H = 1 6 5 ' MIN Y A R D W I D T H : 1 5 ' ( F R O N T A N D S I D E ) , 2 5 ' ( R E A R ) 6 S H A D E O R E V E R G R E E N ( P E R 1 0 0 F T ) 165 / 1 0 0 * 6 = 1 0 T R E E S 1 O R N A M E N T A L ( P E R 1 0 0 F T ) 165 / 1 0 0 * 1 = 2 T R E E S 15 S H R U B S ( P E R 1 0 0 F T ) 165 / 1 0 0 * 1 5 = 2 5 S H R U B S WE S T - L A N D S C A P E B U F F E R Y A R D C LE N G T H = 6 6 ' MIN Y A R D W I D T H : 1 5 ' ( F R O N T A N D S I D E ) , 2 5 ' ( R E A R ) 6 S H A D E O R E V E R G R E E N ( P E R 1 0 0 F T ) 66 / 1 0 0 * 6 = 4 T R E E S 1 O R N A M E N T A L ( P E R 1 0 0 F T ) 66 / 1 0 0 * 1 = 1 T R E E 15 S H R U B S ( P E R 1 0 0 F T ) 66 / 1 0 0 * 1 5 = 1 0 S H R U B S LA N D S C A P I N G C A L C U L A T I O N S 10' R E A R BU F F E R Y A R D 5' SIDE BUFFERYARD 15' SIDE BUFFERYARD 15' F R O N T B U F F E R Y A R D 7 Qr 3 Ps 1 Co 4 Lt 7 Tm 5 Tm 5 Sp 8 Sp 66' 165 ' 66' 165 ' EX I S T I N G F E N C E PR O P O S E D T R I P L E X 5 Tm5Sp Ex h i b i t B En c r o a c h m e n t A r e a WHEREAS, the official plat of the Subdivision was recorded in PB 15 PG 6-9, Instrument Number 8748154 in the Office of the Hamilton County Recorder on 11/22/1987, as SMOKEY RIDGE, section 2 (the “Plat”); and WHEREAS, the current Owner wishes to install a detached garage structure on the Lot (the “Site Improvement”); and WHEREAS, Owner has given the City a sketch (“Sketch”) depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 10-foot Utility Easement , identified as "10' U.E." on Exhibit B (the “Easement”); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the “Encroachment”) upon the Easement, which Encroachment is crosshatched on Exhibit B; and WHEREAS, City of Carmel Board of Public Works and Safety approves the Owner’s request for a variance from Carmel City Code Section 6-227(4); and WHEREAS, Owner and City acknowledge the location of the Encroachment; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City’s use of the Easement. CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Krcmery, Jason & Michelle, 13727 Smokey Ridge Dr, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 25 ("Lot") in SMOKEY RIDGE, section 2, which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by the reference; and The parties executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. 9. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 1. The City consents to the Encroachment for only so long as (i) the Encroachment exists; and (ii) Owner complies with all of the terms and provisions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and covenant as follows: Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 2. 3. 4.Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvment, the Lot, or to Owner Owner agrees and acknowledges that the City’s consent to encroach upon the Easement, as provided in this instrument, regards the City’s Easement interests only, and does not constitute permission or authority for the Owner to otherwise enter on, in, under, over, or upon the property interests of any other person without that person’s consent even if such property interests are also located within the Easement. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 5. 6. 7. 8. This Agreement shall be effective as of the date on which it is last executed by a party hereto.10. "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Laura Campbell, Presiding Officer James Barlow, Member Alan Potasnik, Member Jacob Quinn, Clerk Date: Date: Date:Date: STATE OF INDIANA COUNTY OF HAMILTON ) ) SS: ) Before me, a Notary Public in and for said County and State, personally appeared JAMES BARLOW, LAURA CAMPBELL and ALAN POTASNIK, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Jacob Quinn, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing “CONSENT TO ENCROACH” on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _____ day of ______________, 20__. NOTARY PUBLICMy Commission Expires: Printed Name My County of Residence: This instrument was prepared by Sergey Grechukhin, Esquire, Transactions Chief, One Civic Square, Carmel, Indiana 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Sergey Grechukhin, Esquire Exhibit A Best Possible Image B Cross Reference to Deed: 2023-044985 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the “Easement”) is by and between the Hamilton County Area Neighborhood Development, Inc., (the "Grantor") and the City of Carmel, Indiana (the “City”), by and through its Board of Public Works & Safety (the “Grantee”) and shall have as its effective date the later of the date on which Grantor executes this Easement or the date on which Grantee executes this easement; WITNESSETH THAT: WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above (the “Real Estate”); WHEREAS, Grantor intends to construct the HAND Duplex Development on the Real Estate and, in connection with the construction, development and operation of the private dry detention basin and infiltration trench, the City has approved or will approve a Storm Water Management Permit (the “Permit”); and, WHEREAS, the City requires this Easement in order to verify and require compliance with the terms and conditions of the Permit and all ordinances of the City applicable to storm water drainage and storm water quality management (collectively the “Ordinances”). NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee a non-exclusive, perpetual easement on the terms and conditions that follow: Section 1. Easement Area. The portion of Real Estate on, under and through which this Easement exists is legally described and graphically depicted in what is attached hereto and incorporated herein by reference as Exhibits “A” in two parts (the “Easement Area”). Section 2. Storm Water Quality System. Located or to be located within the Easement Area, in the manner and areas specified in the Permit, is certain drainage and storm water quality infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, and structural and non-structural best management practices (collectively the “Storm Water Quality System”) to be constructed, installed and maintained by Grantor, at Grantor’s expense, in accordance with the Permit and the Ordinances. Section 3. Purpose of Easement. Grantee shall be and hereby is permitted at all times to enter upon the Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Storm Water Quality System, and (ii) identifying and verifying compliance with the requirements of the Permit and the Ordinances. Section 4. Maintenance and Repair. It shall be Grantor’s obligation to maintain in proper working order and to repair and/or replace the Storm Water Quality System, or parts thereof, such that (i) the effectiveness and performance of the Storm Water Quality System is not diminished from the capabilities set forth in the Permit and (ii) the Storm Water Quality System remains in compliance with the Permit and the Ordinances. Section 5. Failure of Storm Water Quality System. In the event that the condition of the Storm Water Quality System or the outflow therefrom violates or fails to comply with the requirements set forth in the Permit and/or any of the Ordinances, Grantee shall have the right, but not the obligation, after providing reasonable notice to Grantor, to perform, at Grantor’s expense, such maintenance, repair, modification and/or replacement of the Storm Water Quality System as is necessary to restore compliance with the requirements set forth in the Permit and/or the Ordinances; provided, however, that the performance by Grantee of any such maintenance, repair, modification and/or replacement of the Storm Water Quality System shall under no circumstances relieve Grantor of its responsibility to maintain and operate the Storm Water Quality System, which responsibility shall be continuous and ongoing. Section 6. Reimbursement of Expenses and Enforcement. Grantor shall reimburse Grantee for costs and expenses incurred by Grantee in the performance of the maintenance, repairs, modifications and/or replacements specified in Section 5 above and, in the event of litigation to recover such expenses, the prevailing party shall be entitled to recover reasonable attorney’s fees. Section 7. Character of Easement. This Easement shall be perpetual and, further, shall inure to the benefit of and be binding upon the parties’ respective successors and assigns. Section 8. Use by Grantor and Other Easements. Grantor shall be permitted to use the Easement Area and also to grant other easements within the Easement Area for any purposes which do not impair the Storm Water Quality System and which are not inconsistent or conflicting with this Easement and the Grantee’s rights under this Easement. Section 9. Amendment. This Easement may be amended only by a written instrument signed (i) by then owner of the Real Estate and Board of Public Works & Safety of Carmel, Indiana or its successor or (ii) by an order of a court of competent jurisdiction. In the event that the Real Estate is later redeveloped and, as such, the site plan made the subject of the Permit is revised, then the Grantee and then the owner of the Real Estate shall amend this Easement to reconfigure the Easement Area, accordingly, so that Easement Area is adjusted to and does not conflict with such revised site plan. CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ATTEST: STATE OF INDIANA ________________________________________ Laura Campbell, Presiding Officer Date: __________ ________________________________________ James Barlow, Member Date: ____________ ________________________________________ Alan Potasnik, Member Date: ____________ ________________________________________ Jacob Quinn, Clerk Date: ____________ ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared James Barlow, a member of the City of Carmel, Indiana Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Laura Campbell, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Alan Potasnik, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Jacob Quinn, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law – Sergey Grechukhin. Prepared by: Sergey Grechukhin, Transactions Chief, One Civic Square, Carmel, IN 46032 Return to: Brad Pease, P.E., City Engineer, One Civic Square, Carmel, IN 46032 108TH STREET M C P H E R S O N S T R E E TORIN JESSUP LANDCOMPANY'S FIRSTADDITION TO THETOWN OF HOMEPLACED.B. 103, PG.21LOT 208 LOT 209 LOT 210 LOT 211 LOT 220 LOT 221 LOT 222 LOT 223 GRANTOR POINT OF BEGINNING R/W DATE:DWG SCALE: DRAWN BY:CHECKED BY:APPROVED BY: PROJECT NO: EXHIBIT: DRAINAGE EASEMENT 336-6621"=30'AUGUST 04, 2025 JOB TJT TJT 1 of 2 HAND INC. 108TH STREET AND MCPHERSON STREET CARMEL, INDIANACivil & Environmental Consultants, Inc.www.cecinc.com 530 E. Ohio Street Ph: 317.655.7777 Indianapolis, IN 46204 Suite G NORTH DATE:DWG SCALE: DRAWN BY:CHECKED BY:APPROVED BY: PROJECT NO: EXHIBIT: DRAINAGE EASEMENT 336-6621"=30'AUGUST 04, 2025 JOB TJT TJT 2 of 2 HAND INC. 108TH STREET AND MCPHERSON STREET CARMEL, INDIANACivil & Environmental Consultants, Inc.www.cecinc.com 530 E. Ohio Street Ph: 317.655.7777 Indianapolis, IN 46204 Suite G DRAINAGE EASEMENT DESCRIPTION Part of the real estate conveyed to Hamilton County Area Neighborhood Development Inc. as recorded in Instrument Number 2023-44985 in the Office of the Recorder of Hamilton County, Indiana, situated in part of Lots 221, 222, and 223 in Orin Jessup Land Company's First Addition to the Town of Homeplace in Deed Book 103 Page 21 in the office of Recorder in Hamilton County, Indiana and being more particularly described by Josh O. Betz, LS20900176 of Civil & Environmental Consultants, Inc. on August 4, 2025, as follows: BEGINNING at the Southwest corner of Lot 223 of Orin Jessup Land Company's First Addition to the Town of Homeplace in Deed Book 103 Page 21 in said recorder's office; thence North 00 degrees 30 minutes 36 seconds East a distance of 218.82 feet along the west line of Lot 223, 222, and 221 to the northwest corner of Lot 221; thence South 89 degrees 33 minutes 04 seconds East along the north line of said Lot 221 a distance of 65.86 feet; thence South 00 degrees 30 minutes 36 seconds West a distance of 151.20 feet; thence North 89 degrees 26 minutes 49 seconds West a distance of 6.81 feet; thence South 00 degrees 33 minutes 11 seconds West a distance of 39.33 feet; thence South 89 degrees 26 minutes 49 seconds East a distance of 6.84 feet; thence South 00 degrees 30 minutes 36 seconds West a distance of 29.08 feet to the south line of said Lot 223; thence North 88 degrees 51 minutes 51 seconds West a distance of 65.86 feet to the Point of Beginning, containing 0.325 acres of land, more or less. Josh O. Betz Registered Land Surveyor No. LS20900176 August 04, 2025 jbetz@cecinc.com prepared by Josh O. Betz I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Josh O. Betz