HomeMy WebLinkAboutBPW Paperless Packet 12-3-25Board of Public Works and Safety
Meeting Agenda
Wednesday, December 3, 2025 – 10:00 a.m. Council Chambers, City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes for November 19, 2025, Regular Meeting
2. BID OPENINGS AND AWARDS
a. Bid Opening for CFD Training Facility Project; Chief Joel Thacker, Carmel
Fire Department
b. Quote Award for 2025 Additional Paving; Matt Higginbotham, Street
Commissioner
3. TABLED ITEM
a. Public Hearing for the Demolition and Removal of Unsafe Building; 11033
Haverstick Road, Carmel, IN 46033; Brent Liggett, Code Enforcement Official
TABLED 11-05-25
4. CONTRACTS
a. Request for Memorandum of Understanding Regarding First Due; Hamilton
County Public Safety Communications; Emergency Networking, Chief Joel
Thacker, Carmel Fire Department
b. Request for Purchase of Goods and Services; MagneGrip; ($454,106.00);
MagneGrip Source Capture Systems; Chief Joel Thacker, Carmel Fire Department
c. Request for Professional Services; CrossRoad Engineers, P.C.; ($150,000.00);
On Call Services, Additional Services Amendment #10; Brad Pease, Director of
Engineering
d. Request for Fourth Amendment to Lease Agreement; GTE Mobilnet of
Indiana Limited Partnership d/b/a Verizon Wireless; Lease Agreement; Kevin
Cusimano, Director of Information and Technologies
e. Resolution BPW 12-03-25-01; Resolution of the City of Carmel Board of
Public Works and Safety Acknowledging Agreement Between City and
Vendors; Howard Asphalt, LLC d/b/a Howard Companies; ($207,011.19);
Additional 2025 Paving Project; Matt Higginbotham, Street Commissioner
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: December 17, 2025
f. Request for Professional Services; Arcadis, U.S., Inc., ;($204,600.00); Tower
and Land Space at 473 Third Avenue SW, Carmel, Indiana; Lane Young, Director
of Utilities
g. Request for Purchase of Goods and Services; Vermeer Midwest; ($101,170.18);
2024 Vermeer Trailer; Lane Young, Director of Utilities
5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Carter Green and to Use/Close City; Special Request to Use
Electricity and James Building Restrooms; Carmel Pride Festival; June 28,
2026; 12:00 AM to 10:00 PM; Sam Falkenstein, Carmel Pride
b. Request to Use Carter Green to Use/Close City Streets; Special Request to Use
Electricity and James Building Restrooms; Secrets Families of Hamilton County
Annual Boutique Fair and Festival; September 13, 2026; 8:00 AM to 6:00 PM
Leachia Kern, Secrets Families of Hamilton County
c. Request to Use/Close City Streets and to Use Civic Square Gazebo and Lawn;
Special Request to Use Electricity and Fountain Restrooms; Brain Bolt 5k;
October 3, 2026; 4:00 AM to 1:00 PM; Jennifer Rhea, Goodman Campbell Brain
and Spine
d. Request to Use Monon and Main Plaza and to Use/Close City; Special
Request to Use Electricity; Corks in Carmel WineFest; October 3, 2026; 9:00
AM to 6:00 PM; Mark Lasbury, Indiana on Tap
6. OTHER
a. Request for Water Line Easement Agreement; 4420 W 96th Street; CenterPoint
Energy
b. Request for Aerial Waiver of BPW Resolution NO. 04-28-17-01; 14547 River
Road; Duke Energy
c. Request for Aerial Waiver of BPW Resolution NO. 04-28-17-01; Enclave of
Carmel; Duke Energy
d. Request for Dedication and Deed of Right of Way; 11180 Westfield Blvd;
Property Owner
e. Request for Stormwater Technical Standards Waiver; 1225 E 116th Street;
Stoeppelwerth and Associates, Inc
f. Request for Stormwater Technical Standards Waiver; 4518 W 99th Street;
American Structurepoint
g. Request for Grant of Stormwater Quality Management Easement; 11180
Westfield Blvd; Property Owner
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: December 17, 2025
7. ADD-ONS AND DEPARTMENT DIRECTOR COMMENTS 8. 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: December 17, 2025
Board of Public Works and Safety 1
Meeting Minutes 2
Wednesday, November 19, 2025 – 10:00 a.m. 3 Council Chambers, City Hall, One Civic Square 4
5
MEETING CALLED TO ORDER 6
7
Board Member James Barlow called the meeting to order at 10:00 AM 8
9 MEMBERS PRESENT 10
11
Board Members James Barlow, Alan Potasnik, City Clerk Jacob Quinn, and Deputy Clerk Jessica 12 Dieckman were present. 13 14
MINUTES 15
Minutes for November 5, 2025, Regular Meeting. Board Member Potasnik moved to approve. 16
Board Member Barlow seconded. Minutes approved 2-0. 17
BID OPENINGS AND QUOTES 18
Request for Quotes 2025 Additional Paving; Board Member Potasnik unsealed the Quotes, and 19
Board Member Potasnik read them aloud: 20
Vendors 21
Howard Asphalt LLC 22
Request for Quotes Brookshire Pergola; Board Member Potasnik unsealed the Quotes, and 23
Board Member Potasnik read them aloud: 24
Vendors 25
Bertolini Solutions, LLC 26
Homestead Outdoor Living 27
TABLED ITEM 28
Public Hearing for the Demolition and Removal of Unsafe Building; 11033 Haverstick Road, 29
Carmel, IN 46033; Brent Liggett, Code Enforcement Official TABLED 11-05-25 REMAINS 30
TABLED 31
32
33
34
35
CONTRACTS 36
37
Request for Professional Services; Rieth-Riley Construction Co. Inc.; ($1,193,299.57); 20-ENG-38
04 Roadway College Avenue between 96TH AND 106TH Streets; CO#3; Board Member Potasnik 39
moved to approve. Board Member Barlow seconded. Request approved 2-0. 40
Request for Purchase of Goods and Services; Calumet Civil Contractors;(-$12,582.09); 22-05 41
99th Street Multi-Use Path; CO#1; Board Member Potasnik moved to approve. Board Member 42
Barlow seconded. Request approved 2-0. 43
Request for Professional Services; CrossRoad Engineers, P.C.; ($54,000.00); 24-ENG-02 106th 44
and Lakeshore Drive Roundabout; Additional Services Amendment #9a; Board Member 45
Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 46
REQUEST TO USE CITY STREETS/PROPERTY 47
48
Request to Use City Streets; Special Request to Use Electricity; Festival of Ice-Sculpting Event; 49
January 16, 2026; 7:00 AM to 9:00 PM; Board Member Potasnik moved to approve. Board 50
Member Barlow seconded. Request approved 2-0. 51
Request to Use Carter Green and to Use/Close City; Special Request to Use Electricity; Festival 52
of Ice-Sculpting Event; January 17, 2026; 7:00 AM to 9:00 PM; Board Member Potasnik moved 53
to approve. Board Member Barlow seconded. Request approved 2-0. 54
Request to Use Carter Green and to Use/Close City; Special Request to Use Electricity; Carmel 55
Winter Games; January 24, 2026; 6:00 AM to 8:00 PM; Board Member Potasnik moved to 56
approve. Board Member Barlow seconded. Request approved 2-0. 57
Request to Use Midtown Plaza; Special Request to Use Electricity and Reflecting Pool 58
Restrooms; ACEC Indiana; May 2, 2026; 1:00 PM to 6:00 PM; Board Member Potasnik moved 59
to approve. Board Member Barlow seconded. Request approved 2-0. 60
Request to Use the Gazebo; Carmel Sister Cities Christmas at the Gazebo; December 12, 2025; 61
3:00 PM to 9:00 PM; Board Member Potasnik moved to approve. Board Member Barlow 62
seconded. Request approved 2-0. 63
64
65 66 67 68 69
OTHER 70 71
Request for Water Line Easement Agreement; 9604 Maple Drive; Board Member Potasnik 72
moved to approve. Board Member Barlow seconded. Request approved 2-0. 73
Request for Stormwater Technical Standards Waiver; 11825 River Road; Board Member 74
Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 75
Request for Stormwater Technical Standards Waiver; Gramercy Parcels E & F; Board Member 76
Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 77
Request for Aerial Waiver of BPW Resolution NO. 04-28-17-01; Various Locations SC-202-78
00014; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request 79
approved 2-0. 80
Request for Aerial Waiver of BPW Resolution NO. 04-28-17-01; Various Locations SC-202-81
00014; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request 82
approved 2-0. 83
Request for Aerial Waiver of BPW Resolution NO. 04-28-17-01; 1510 E 106th Street; Board 84
Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 85
86
ADD-ONS AND DEPARTMENT DIRECTOR COMMENTS 87 88
ADJOURNMENT 89
90
Board Member Barlow adjourned the meeting at 10:08 AM. 91
92
APPROVED: ____________________________________ 93
Jacob Quinn – City Clerk 94
95
96 _____________________________________ 97 Chairwoman Laura Campbell 98
99
100 ATTEST: 101
__________________________________ 102
Jacob Quinn – City Clerk 103 104
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety
BY:
Laura Campbell, Presiding Officer
Date:
James Barlow, Member Date:
Alan Potasnik, Member Date:
ATTEST:
Jacob Quinn, Clerk
Date:
8
.
November 24, 2025
Statement and Request for Approval of Special Purchase
City of Carmel Fire Department (“CFD”) respectfully requests the Board of Public Works and
Safety to approve a special purchase of a fully automatic MagneGrip Diesel Exhaust Extraction
System for removal of apparatus exhaust emissions from each fire station (“Exhaust Extraction”).
This special purchase is authorized by Ind. Code § 5-22-10-12 (Government discount available)
because MagneGrip is offering CFD the Exhaust Extraction at a 3% discount off list prices (shown
in the quote attached to the contract as H-GAC: FL10-24, and via the following website:
https://www.hgacbuy.org/products-and-services/view-product?productid=36024).
Respectfully submitted,
Chief Joel Thacker
Carmel Fire Chief
MagneGrip Fire Department - 2025 Appropriation #1120 43-501.00 Fund; P.O. #118519 Contract Not To Exceed $454,106.00
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AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (“Agreement”) is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“City”), and MagneGrip an entity duly authorized to do business in the State of Indiana (“Vendor”).
TERMS AND CONDITIONS
1.ACKNOWLEDGMENT, ACCEPTANCE:Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement’s terms and conditions. Vendor’s proposal attached hereto as Exhibit A is incorporated into and made part of this Agreement in its entirety.
2.PERFORMANCE:City agrees to purchase the goods and/or services (the “Goods and Services”) from Vendor using City budget appropriation number 1120 101 43-501.00 Fund. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards.
3.PRICE AND PAYMENT TERMS:3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shallbe no more than Four Hundred and Fifty-Four Thousand One Hundred and Six Dollars and Zero Cents ($454,106.00) (the “Estimate”). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. Vendor shallreceive payment from the City or federal grant program for such Goods and Services within thirty-five(35)days after the date of City’s receipt of Vendor's invoice detailing same or as determined by federalgrant payment process, whichever is longer, so long as and to the extent such Goods and Servicesare not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on aninvoice that contains the information contained on attached Exhibit B, and Vendor has otherwiseperformed and satisfied all the terms and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. All payments and any late payments fees shall be pursuant to Indiana Prompt Payment Statute; Ind. Code 5-17-5 et al.
4.WARRANTY:Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to thosecertain specifications, descriptions and/or quotations regarding same as were provided to Vendor by Cityand/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, andthat the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect.Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Servicesprovided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use andare fit and sufficient for their particular purpose.
5.TIME AND PERFORMANCE:This Agreement shall become effective as of the last date on which a party hereto executes same (“EffectiveDate”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of theessence of this Agreement.
MagneGrip Fire Department - 2025 Appropriation #1120 43-501.00 Fund; P.O. #118519 Contract Not To Exceed $454,106.00
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6.DISCLOSURE AND WARNINGS:If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services.
7.LIENS:Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8.DEFAULT:In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity.
9.INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed
to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all
claims for damages under any workers’ compensation, occupational disease and/or unemployment
compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to
any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of
property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less
than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional
insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and
shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor
shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses(including, but not limited to, reasonable attorney fees), without any cap or limitation, for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services
pursuant to or under this Agreement or Vendor’s use of City property.
Vendor’s indemnity obligations shall apply only to the extent of Vendor’s negligence or willful misconduct and shall not
extend to the negligence, fault, acts, or omissions of the City, its officers, employees, agents, or any third parties not
under Vendor’s control.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and
other expenses, without any cap or limitation, caused by any act or omission of Vendor and/or of any of Vendor’s
agents, officers, employees, contractors or subcontractors in the performance of this Agreement. The City has no
indemnity obligation and will not indemnification the Vendor in regard to any liabilities, claims, demands or
expenses (including, but not limited to, reasonable attorney fees) arising out of this Agreement. These obligations
regarding indemnification shall survive the termination of this Agreement.
MagneGrip Fire Department - 2025 Appropriation #1120 43-501.00 Fund; P.O. #118519 Contract Not To Exceed $454,106.00
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10.DATA AND INFORMATION PROTECTION:10.1 Definitions. Capitalized terms used in this Section shall have the meanings set forth, below:"Authorized Person(s)" means (i) the Vendor's employee(s); and (ii) the Vendor's subcontractor(s) and agent(s) who have a need to know or otherwise access Personal Information to enable the Vendor to perform its obligations under this Agreement, and who are bound in writing by confidentiality and other obligations sufficient to protect Personal Information in accordance with the terms and conditions of this Agreement. "Highly Sensitive Personal Information" means an (i) individual's government-issued identification number (including Social Security number, driver's license number, or state-issued identification number); (ii) financial account number, credit card number, debit card number, or credit report information, with or without any required security code, access code, personal identification number, or password that would permit access to an individual's financial account; or (iii) biometric, genetic, health, medical, or medical insurance data. "Personal Information" means information provided to the Vendor by or at the direction of the City, information which is created or obtained by the Vendor on behalf of the City, or information to which access was provided to the Vendor by or at the direction of the City, in the course of the Vendor's performance under this Agreement that: (i) identifies or can be used to identify an individual (including, without limitation, names, signatures, addresses, telephone numbers, email addresses, and other unique identifiers); or (ii) can be used to authenticate an individual (including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, user identification and account access credentials or passwords, financial account numbers, credit report information, student information, biometric, health, genetic, medical, or medical insurance data, answers to security questions, and other personal identifiers). Personal Information includes, without limitation, all Highly Sensitive Personal Information. "Security Breach" means (i) any act or omission that compromises either the security, confidentiality, or integrity of Personal Information or the physical, technical, administrative, or organizational safeguards put in place by the Vendor or any Authorized Persons, or by the City should the Vendor have access to the City's systems, that relate to the protection of the security, confidentiality, or integrity of Personal Information; or (ii) receipt of a complaint in relation to the privacy and data security practices of the Vendor or any Authorized Person(s) or a breach or alleged breach of this Agreement relating to such privacy and data security practices. Without limiting the foregoing, a compromise shall include any unauthorized access to or disclosure or acquisition of Personal Information.
10.2. Standard of Care: i.Vendor acknowledges and agrees that, during the term of the Agreement, Vendor may create,receive, or have access to Personal Information. For any Personal Information, Vendor shallcomply with this Section in its creation, collection, receipt, transmission, storage, disposal,use, and disclosure of such Personal Information and be responsible for any unauthorizedcreation, collection, receipt, transmission, access, storage, disposal, use, or disclosure ofPersonal Information under its control or in its possession by all Authorized Persons. Vendorshall be responsible, and remain liable to the City, for the actions and omissions of allAuthorized Persons concerning the treatment of Personal Information.ii.Personal Information is deemed to be Confidential Information of the City and is notConfidential Information of Vendor.iii.Vendor agrees and covenants that it shall:a.Keep and maintain all Personal Information in strict confidence, using such a degreeof care as is professionally appropriate to avoid unauthorized access, use, and/ordisclosure;
MagneGrip Fire Department - 2025 Appropriation #1120 43-501.00 Fund; P.O. #118519 Contract Not To Exceed $454,106.00
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b.Not create, collect, receive, access, or use Personal Information in violation of law;c.Use and disclose Personal Information solely and exclusively for the purposes forwhich the Personal Information, or access to it, is provided pursuant to the terms andconditions of this Agreement, and not use, sell, rent, transfer, distribute, or otherwisedisclose or make available Personal Information for Vendor's own purposes or for thebenefit of anyone other than the City, in each case, without the City's prior writtenconsent; andd.Not disclose, directly or indirectly, Personal Information to any person other thanAuthorized Person(s), without the City's prior written consent.v.Vendor shall implement and maintain a written information security program, includingappropriate policies, procedures, and risk assessments.vi.If Vendor has access to or will collect, access, use, store, process, dispose of, or disclosecredit, debit, or other payment cardholder information, Vendor shall, at all times, remain incompliance with the Payment Card Industry Data Security Standard ("PCI DSS")requirements, including remaining aware at all times of changes to the PCI DSS and promptlyimplementing all procedures and practices as may be necessary to remain in compliance withthe PCI DSS, in each case, at Vendor's sole cost and expense.vii.At a minimum, Vendor's safeguards for the protection of Personal Information shall include:a.Limiting access of Personal Information to Authorized Persons;b.Securing business facilities, data centers, paper files, servers, backup systems, andcomputing equipment, including, but not limited to, all mobile devices and otherequipment with information storage capability;c.Implementing network, application, database, and platform security;d.Securing information transmission, storage, and disposal;e.Implementing authentication and access controls within media, applications,operating systems, and equipment;f.Encrypting Highly Sensitive Personal Information stored on any media;g.Encrypting Highly Sensitive Personal Information transmitted over public or wirelessnetworks;h.Strictly segregating Personal Information from information of Vendor or its othercustomers so that Personal Information is not commingled with any other types ofinformation;i.Conducting risk assessments, penetration testing, and vulnerability scans andpromptly implementing, at Vendor's sole cost and expense, a corrective action planto correct any issues that are reported as a result of the testing;j.Implementing appropriate personnel security and integrity procedures and practices,including, but not limited to, conducting background checks consistent with applicable law; andk.Providing appropriate privacy and information security training to Authorized Persons.
10.3. Security Breach. Vendor shall: i.Notify the City of a Security Breach as soon as practicable, but no later than 24 hours afterthe Vendor becomes aware of it.ii.Immediately following Vendor's notification to the City of a Security Breach, the Vendor shallcoordinate with the City to investigate the Security Breach. Vendor agrees to fully cooperatewith the City in the City's handling of the matter and shall make available all relevant records,logs, files, data reporting, and other materials required to comply with applicable law,regulation, industry standards, or as otherwise required by the City.
MagneGrip Fire Department - 2025 Appropriation #1120 43-501.00 Fund; P.O. #118519 Contract Not To Exceed $454,106.00
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iii.Vendor shall, at its own expense, use best efforts to immediately contain and remedy anySecurity Breach and prevent any further Security Breach, including, but not limited to takingany and all action necessary to comply with applicable privacy rights, laws, regulations, andstandards. Vendor shall reimburse the City for all actual costs incurred by the City inresponding to, and mitigating damages caused by any Security Breach, including all costs ofnotice and/or remediation.iv.Vendor agrees to maintain and preserve all documents, records, and other data related to anySecurity Breach.v.Vendor agrees to fully cooperate, at its own expense, with the City in any litigation,investigation, or other action deemed necessary by the City to protect its rights relating to theuse, disclosure, protection, and maintenance of Personal Information.
10.4. Return or Destruction of Personal Information. At any time during the term of the Agreement, at the City's written request or upon the termination or expiration of the Agreement for any reason, Vendor shall, and shall instruct all Authorized Persons to, promptly return to the City all copies, whether in written, electronic, or other form or media, of Personal Information in its possession or the possession of such Authorized Persons, or securely dispose of all such copies, and certify in writing to the City that such Personal Information has been returned to the City or disposed of securely. Vendor shall comply with all directions provided by the City with respect to the return or disposal of Personal Information.
10.5. Cyber Liability Insurance. Vendor shall maintain cyber liability insurance coverage of not less than $1,000,000 each claim and annual aggregate providing coverage for damages and claims expenses, including notification expenses, arising from: (i) breach of network security; (ii) alteration, corruption, destruction, and deletion of information stored and processed on a computer system; (iii) invasion of privacy, including identity theft and unauthorized transmission or publication of personal information; (iv) unauthorized access and use of computer systems, including hackers; (v) the transmission ofmalicious code; and (6) website content, including claims of libel, slander, trade libel, defamation,infringement of copyright, trademark and trade dress, and invasion of privacy.
11.GOVERNMENT COMPLIANCE:Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codeswhich may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevantprovisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmlessCity from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
12.NONDISCRIMINATION:Vendor represents and warrants that it and all of its officers, employees, agents, contractors andsubcontractors shall comply with all laws of the United States, the State of Indiana and City prohibitingdiscrimination against any employee, applicant for employment or other person in the provision of any Goodsand Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges ofemployment and any other matter related to their employment or subcontracting, because of race, religion,color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status.
13.E-VERIFY:Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporatedherein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility
MagneGrip Fire Department - 2025 Appropriation #1120 43-501.00 Fund; P.O. #118519 Contract Not To Exceed $454,106.00
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status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed,terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist.
14.NO IMPLIED WAIVER:The failure of either party to require performance by the other of any provision of this Agreement shall not affectthe right of such party to require such performance at any time thereafter, nor shall the waiver by any party ofa breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or anyother provision hereof.
15.NON-ASSIGNMENT:Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall notdelegate its obligations under this Agreement without City’s prior written consent.
16.RELATIONSHIP OF PARTIES:The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor anyof its officers, employees, contractors, subcontractors and agents are employees of City. The contract priceset forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendorunder or pursuant to this Agreement.
17.GOVERNING LAW; LAWSUITS:This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, exceptfor its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waivetheir right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,and agree that such court is the appropriate venue for and has jurisdiction over same.
18.SEVERABILITY:If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executiveorder or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary tocomply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
19.NOTICE:Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaidU.S. certified mail, return receipt requested, to the party to be notified at the address specified herein:If to City: City of Carmel AND City of Carmel Fire Department Office of Corporation Counsel 210 Veterans Way One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: MagneGrip 11449 Deerfield Rd Cincinnati, OH 45242
MagneGrip Fire Department - 2025 Appropriation #1120 43-501.00 Fund; P.O. #118519 Contract Not To Exceed $454,106.00
7
Notwithstanding the above, notice of termination under paragraph 20 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice.
20.TERMINATION:20.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount.
20.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount.
21.REPRESENTATIONS AND WARRANTIESThe parties represent and warrant that they are authorized to enter into this Agreement and that the personsexecuting this Agreement have the authority to bind the party which they represent.
22.ADDITIONAL GOODS AND SERVICESVendor understands and agrees that City may, from time to time, request Vendor to provide additional goodsand services to City. When City desires additional goods and services from Vendor, the City shall notify Vendorof such additional goods and services desired, as well as the time frame in which same are to be provided.Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods andservices, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to providesuch additional goods and services, shall such goods and services be provided by Vendor to City. A copy ofthe City’s authorization documents for the purchase of additional goods and services shall be numbered andattached hereto in the order in which they are approved by City.
23.TERMUnless otherwise terminated in accordance with the termination provisions set forth in Paragraph 20hereinabove, this Agreement shall be in effect from the Effective Date through the satisfactory completion ofservices and/or delivery and acceptance of goods contracted for herein.
24.HEADINGSAll heading and sections of this Agreement are inserted for convenience only and do not form a part of thisAgreement nor limit, expand or otherwise alter the meaning of any provision hereof.
25.BINDING EFFECTThe parties, and their respective officers, officials, agents, partners, successors, assigns and legalrepresentatives, are bound to the other with respect to all of the covenants, terms, warranties and obligationsset forth in Agreement.
MagneGrip Fire Department - 2025 Appropriation #1120 43-501.00 Fund; P.O. #118519 Contract Not To Exceed $454,106.00
8
26.NO THIRD PARTY BENEFICIARIESThis Agreement gives no rights or benefits to anyone other than City and Vendor.
27.DEBARMENT AND SUSPENSION27.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of itssubcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarilyexcluded from entering into this Agreement by any federal agency or by any department, agency or politicalsubdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,director, owner, partner, key employee or other person with primary management or supervisoryresponsibilities, or a person who has a critical influence on or substantive control over the operations of theVendor.
27.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for allsubcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shallimmediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’srequest, take all steps required by the City to terminate its contractual relationship with the subcontractor forwork to be performed under this Agreement.
28.IRAN CERTIFICATIONPursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage ininvestment activities within the Country of Iran.
29.ADVICE OF COUNSEL:The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtainlegal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into samefreely, voluntarily, and without any duress, undue influence or coercion.
30.ENTIRE AGREEMENT:This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entireagreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oralor written representations and agreements regarding same. Notwithstanding any other term or condition setforth herein, but subject to paragraph 17 hereof, to the extent any term or condition contained in any exhibitattached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreementmay only be modified by written amendment executed by both parties hereto, or their successors in interest.
31.GRANT FUNDING CONTINGENTThis Agreement is contingent on the City timely receiving federal grant funding in the sum of Four Hundredand Sixteen Thousand Three Hundred and Four Dollars and Fifty-Four Cents from the Grant ProgramsDirectorate's Fiscal Year (FY) 2024 Assistance to Firefighters Grant (“Grant Funding”). If Grant Funding is nottimely received by the City this contract shall be null and void.
MagneGrip Fire Department - 2025 Appropriation #1120 43-501.00 Fund; P.O. #118519 Contract Not To Exceed $454,106.00
9
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA MagneGrip
by and through its Board of Public Works and Safety
By: By:
Laura Campbell, Presiding Officer Authorized Signature
Date:
Printed Name James Barlow, Member
Date: Title
Alan Potasnik, Member FID/TIN:
Date:
ATTEST: Date:
Jacob Quinn, Clerk
Date:
11/21/25
DATE: October 27, 2025
PROPOSAL FOR: Carmel Fire Department
210 Veterans Way
Carmel, IN 46032
ATTENTION: Chief Operations Kurt Weddington
H-GAC: FL10-24
PROJECT SCOPE: Provide and Install a fully automatic MagneGrip® Diesel Exhaust Extraction System
for removal of apparatus exhaust emissions from start up to door threshold.
EQUIPMENT, MATERIAL AND LABOR PRICE:
Station #341:
Seven Drop MagneGrip® Source Capture System
Package Includes:
• (1) SSRMPRO-721 72’ Straight Suction Rail MagneGrip® PRO with One Hose Drop
• (6) SSRMPRO-301 30’ Straight Suction Rail MagneGrip® PRO with One Hose Drop
• (1) CF363-7.5 MagneGrip® Exhaust Fan 7.5HP-3PH rated at 4400 CFM at 6” SP
• (1) 500181-08 Wireless Auto-Start Control Panel 7.5HP/208-230V/3PH
• (1) 500157-14 14” Up-blast Back Draft Damper Type Rain Cap
PRICE…………………………………………………………………………………….................$99,733.00
Station #342:
Four Drop MagneGrip® Source Capture System
Package Includes:
• (4) SSRMPRO-301 30’ Straight Suction Rail MagneGrip® PRO with One Hose Drop
• (1) CF363-5 MagneGrip® Exhaust Fan 5HP-3PH rated at 3300 CFM at 6” SP
• (1) 500179-08 Wireless Auto-Start Control Panel 5HP/208-230V/3PH
• (1) 500157-12 12” Up-blast Back Draft Damper Type Rain Cap
PRICE………………………………………………………………………………………................$69,423.00
Station #343:
Two Drop MagneGrip® Source Capture System
Package Includes:
• (2) SSRMPRO-361 36’ Straight Suction Rail MagneGrip® PRO with One Hose Drop
• (1) CF361-2 MagneGrip® Exhaust Fan 2HP-1PH rated at 1350 CFM at 6” SP
• (1) 500174-08 Wireless Auto-Start Control Panel 2HP/208-230V/1PH
• (1) 500157-10 10” Up-blast Back Draft Damper Type Rain Cap
PRICE………………………………………………………………………………………................$49,705.00
Station #344:
Five Drop MagneGrip® Source Capture System
Package Includes:
• (4) SSRMPRO-301 30’ Straight Suction Rail MagneGrip® PRO with One Hose Drop
• (1) SSRMPRO-421 42’ Straight Suction Rail MagneGrip® PRO with One Hose Drop
• (1) CF363-5 MagneGrip® Exhaust Fan 5HP-3PH rated at 3300 CFM at 6” SP
• (1) 500179-08 Wireless Auto-Start Control Panel 5HP/208-230V/3PH
• (1) 500157-12 12” Up-blast Back Draft Damper Type Rain Cap
PRICE………………………………………………………………………………………................$81,713.00
Station #345:
Five Drop MagneGrip® Source Capture System
Package Includes:
• (4) SSRMPRO-301 30’ Straight Suction Rail MagneGrip® PRO with One Hose Drop
• (1) SSRMPRO-661 66’ Straight Suction Rail MagneGrip® PRO with One Hose Drop
• (1) CF363-5 MagneGrip® Exhaust Fan 5HP-3PH rated at 3300 CFM at 6” SP
• (1) 500179-08 Wireless Auto-Start Control Panel 5HP/208-230V/3PH
• (1) 500157-12 12” Up-blast Back Draft Damper Type Rain Cap
PRICE………………………………………………………………………………………................$84,109.00
Station #346:
Four Drop MagneGrip® Source Capture System
Package Includes:
• (4) SSRMPRO-301 30’ Straight Suction Rail MagneGrip® PRO with One Hose Drop
• (1) CF363-5 MagneGrip® Exhaust Fan 5HP-3PH rated at 3300 CFM at 6” SP
• (1) 500179-08 Wireless Auto-Start Control Panel 5HP/208-230V/3PH
• (1) 500157-12 12” Up-blast Back Draft Damper Type Rain Cap
PRICE……………………..…………………………………………………………………..............$69,423.00
• Each Hose Assembly includes a 5” diameter high-temp upper hose section, a 1050-degree extreme high-temp
2’ lower hose section with handle, a nozzle that attaches to the tailpipe adapter to contain 100% of exhaust
emissions while providing ambient air to reduce exhaust temperatures, a tailpipe adapter assembly that
provides easy connection and cool air induction.
• UL/CUL Wireless Auto-Start Control Panel with NEMA 4X enclosure to provide auto start/stop operation with
adjustable timer, manual override switch, and wireless capability.
• Electrical wiring from available supply to control panel and exhaust fan, a safety disconnect for fan motor.
Subpanels are excluded, if required, and any modifications required to bring service to code are excluded.
• Each Hose Assembly is provided with a transmitter and pressure sensor for automatic system.
• Tailpipe Modifications as required but limited to vehicle tailpipes from the muffler out. Rusted or Damaged
Tailpipes are the responsibility of the Fire Department.
• Class 2 Spiral Duct, Fittings, and Hangers
• Adjustable Telescopic Support Legs to hang rail or track systems
• If Required, Wall Penetration for Fan Discharge (see Terms)
• Shipping to Job Site
• Labor & Material to Install Systems
• Start up and Training
• Equipment is 100% American Made by an ISO9001-2015 Company
• Women’s Business Enterprise (WBE) Certified
• Women’s Owned Small Business (WOSB) Certified
•
TOTAL PRICE………………………………………………………………………………………...$454,106.00
TERMS:
• Upon approval, please submit a signed copy of this proposal and a tax exemption certificate. Projects are invoiced
per station upon shipment of equipment. Payment is due upon completion of the project.
• One MagneGrip® Tailpipe Adapter and installation is included with each hose drop assembly. All vehicles that require
Tailpipe Adapters must be made available to MagneGrip technicians at the time of system installation. Additional
adapters upon request. Call for pricing.
• MagneGrip provides wall penetration only for exhaust duct, if required. Roof penetrations, flashing, curbing and
sealing will be at the customer's expense.
• Pricing includes standard permits and business licensing fees, if required. Price does not include any state, sales,
or special taxes, engineered stamped drawings or services, seismic engineering, or electrical/structural load
calculations.
• Electrical subpanels and modifications required to bring service to code are excluded if required unless otherwise
indicated in the proposal.
• This proposal includes Class 2 spiral duct. Paint-grade duct is available upon request for an additional charge. Please
inform us if this is required. MagneGrip does not offer painting services.
• Proposal is valid for 90 days.
(Carmel FD IN H-GAC FL10-24 Proposal 10-27-25)
SUBMITTED BY: ACCEPTED BY:
Company: ______________________________________
Jack Rossman
Sales / COO Authorized Signature: _____________________________
––––––––––––––––––––––––
M: 317-691-2107 Print: __________________ Title: ___________________
E: jrossman@magnegrip.com
PO#, If Required: _______________ Date: ____________
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease: Commercial General Liability (Occurrence Basis), Bodily Injury, Personal Injury, Property Damage, Contractual Liability, Products-Completed Operations:
General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Limit: Each Occurrence Limit: Damage to Premises: Fire Damage (any one fire): Medical Expense Limit (any one person):
Statutory Limits $500,000 each employee $500,000 each accident
$1,000,000 policy limit
$2,000,000 $1,000,000 $500,000 $1,000,000 $100,000 each occurrence $250,000 each occurrence $10,000
Auto Liability (owned, hired, and non-owned)
Bodily Single Limit:
Injury and property damage: Policy Limit:
Umbrella/Excess Liability
Each Occurrence:
Aggregate:
Maximum deductible:
$1,000,000 each accident
$1,000,000 each accident
$1,000,000
$1,000,000 $1,000,000
$10,000
21st
11/7/2025
MAGNEGRIP
CINCINNATI, OH 45242 -
118519
11449 DEERFIELD ROAD
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
10% Grant Match - AFG Source Capture Sys - EMW-2024-FG-
01582
Carmel Fire Department
210 Veterans Way
Carmel, IN 46032-
378740
UNIT PRICEDESCRIPTIONUNIT OF MEASUREQUANTITY
Page 1 of 1
105931
1120Department:101Fund:General Fund
43-501.00Account:
10% Match of AFG Grant1 $41,630.45 $41,630.45Each
Purchase & Install Source Capture System in 6 Fire Stations1 $0.00 $0.00Each
See attached quotes for all 6 stations1 $0.00 $0.00Each
$41,630.45Sub Total
$41,630.45
Send Invoice To:
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
SHIPPING INSTRUCTIONS
*SHIP PREPAID.
*C.O.D. SHIPMENT CANNOT BE ACCEPTED.
*PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
*THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
PAYMENT
* A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 118519
ORDERED BY
TITLE
Carmel Fire Department
210 Veterans Way
Accounts Payable
Carmel, IN 46032-
Denise Snyder Zac Jackson
Accreditation/Budget Administrator CFO
CzTfshfzHsfdivlijobu3;36qn-Opw36-3136
November24, 2025
Mr. BradleyPease, CityEngineer
CityofCarmel
OneCivicSquare
Carmel, IN46032
RE: On-CallPlanReview
Updated ConsultantFeeRequest
DearMr. Pease,
Wehavepreparedthisupdatedproposal tocontinueproviding professional servicesforthe
CityofCarmel. CrossRoad EngineerswillprovidetheseservicesasanextensionoftheCity
includesthetechnicaldrainagereviewofdeveloper-preparedplansasyourofficerequestsin
conjunction withprivatedeveloper related projects.
OurNovember 4, 2025invoiceof $24,652.50reducestheremainingbalanceofPO #115488to
5,172.30. Tocontinueworkthroughthecalendaryearof2025andthrough2026, weformally
requestanadditionalamountof $150,000ঊbeaddedtothecontractceilingagainst whichwe
wouldinvoice. Thisamountisbasedontheworkloadalreadyperformedbyourofficein2025,
andanexpectationthattheintensityofworkloadwilldecreasefortheremainderofthe2025
calendaryearandthrough2026, asourworkreviewingindividualbuildinglotwillbe
transitioned in-housetotheEngineering Dept. Wewillcontinuetoworkasefficiently as
drivenprojects. Shouldatany
timeduringthe2026calendaryearthesupplementalamountbedepleted, weshallcontact
youimmediately torequest additionalfundsfortheseservices.
Asdiscussedabove, pleaseacceptourformalrequestforanadditionalamount of $జఠఛగఛఛఛto
beaddedtoourcontractceilingtocontinue ourworkthroughthe2025and2026calendar
years.
continuing workingcloselywithyourstaffandhelpingyoukeeptheever-growinglistof
projectsmovingthroughyouroffice. Ifyoushould haveanyquestionsorneedanyfurther
information. Pleasedonothesitatetocallme.
Sincerely,
CrossRoadEngineers, P.C.
WilliamHall, P.E.
VicePresident
th115N17AVE, BEECHGROVE, IN46107 // 317.780.1555 // CROSSROADENGINEERS.COM PAGE1of1
Page 1of1INDIANARETAILTAXEXEMPT
PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel
FEDERAL EXCISE TAX EXEMPT 118593
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
ASA 10 - 25-08 - On-Call Services (Plan Review) 11/24/2025068025
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
106283
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund: 2200202Local Road & Street Fund
Account: 43-401.00
Each1ASA 10 - 25-08 - On-Call Services (Plan Review)$150,000.00$150,000.00
Sub Total 150,000.00
Send Invoice To:
City Engineering'sOffice
Laurie Slick
1Civic Square
Carmel, IN 46032-
PLEASE INVOICE INDUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
150,000.00PAYMENT
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. 118593
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VBG Network Real Estate.
RESOLUTION NO. BPW 12-03-25-01
RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter
intocontracts; and
WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe
City; and
WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has
caused tobesignedtheAgreement attached hereto (the “Contract”); and
WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand
Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as
follows:
1. Theforegoing Recitals areincorporated herein bythisreference.
2. Thereceipt oftheContract ishereby acknowledged.
3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic
forreview.
SORESOLVED this dayof , 2025.
CITY OFCARMEL, INDIANA
Byand through itsBoardofPublic WorksandSafety
BY:
Laura Campbell, Presiding Officer
Date:
JamesBarlow, Member
Date:
AlanPotasnik, Member
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
CzTfshfzHsfdivlijobu:;59bn-Opw32-3136
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
thereof.
3.3 Final Payment. Final payment, constituting theentire unpaid balance ofthe Contract Price, including
anyretainage, shall bepaid byCity toContractor within ninety-one (91) days after ithasbecome due
and payable. Final payment toContractor shallnot become due and payable until and unless all
Goods andServices are delivered, and allWork fortheProject isotherwise fully completed and
performed inaccordance with theContract Documents and issatisfactory toandapproved byCity.
3.4 Effect ofFinal Payment. The making offinalpayment shall constitute awaiver ofClaims byCity
except those arising from:
a. Liens, claims, security interests orencumbrances arising outoftheContract andunsettled;
b. Failure ofthe Work tocomply withthe requirements oftheContract Documents;
c. Terms ofspecial warranties required bytheContract Documents;
d. Claims previously made inwriting andremaining unsettled asofthedate offinalpayment;
e. Claims byCityattributable todefective work orprior corrective work, appearing after final
inspection;
f. Failure ofthe Work tocomply withthe requirements oftheContract Documents;
g. Cityclaims and other rights arising under theterms ofanygeneral orspecial warranties,
guarantees ormaintenance bonds specified bytheContract Documents orarising
thereunder; and
h. City claims andotherrights with respect toContractor’sandSurety’scontinuing obligations
under theContract andtheContract Document.
3.5 Acceptance byContractor ofanysum tendered by Cityasfinal payment shall constitute awaiver of
allclaims by Contractor withrespect tothisAgreement, except those claims authorized bythis
Agreement, previously made inwriting and submitted inatimely manner, and specifically identified
and reserved byContractor asunresolved intheapplication for finalpayment.
4. CONTRACT DOCUMENTS:
4.1 Scope ofWork. Contractor agrees toprovide alllabor, goods, material, shipping, receiving,
supervision, services, supplies, machinery, equipment, storage and any necessary rigging as
required forthe Project assetforth inthe attached Exhibit “A” andanyreferences, addenda and/or
attachments thereto, Project Manual (ifapplicable), CityofCarmel General Conditions, Cityof
Carmel Supplementary Conditions, andallapplicable Drawings andSpecifications (collectively
Contract Documents”), allofsuch Contract Documents are fully incorporated herein. Contractor
acknowledges thatallreferenced Contract Documents are apartofthisAgreement.
4.2 Contractor Site andDocument Review. Contractor acknowledges that ithashad anadequate
opportunity toexamine sufficiently toitssatisfaction the site oftheWork andto review and/orobtain
copies oftheContract Documents andtobecome fullyfamiliar withthem, and that itshallnot be
excused from anyconditions existing and detectable atthe site oranyprovisions set forth inthe
Contract Documents due toanylack ofknowledge orunderstanding ofthe existence orcontents
thereof atthetime ofexecuting thisAgreement. Contractor acknowledges theContract Documents
tobesuitable for Contractor’sWork and sufficient for their intended purpose, andagrees toperform
theWork and tocomplete thesame forthe Contract Price and within theProject timeline, infulland
strictaccordance with theContract Documents and toCity’ssatisfaction, and thatitwillperform the
2
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
Work so asnot toviolate any term, covenant orcondition ofthe Contract Documents orapplicable
codes and laws.
4.3 AllDrawings, Specifications andother items defined herein asContract Documents that have been
prepared forthe Project and furnished toContractor byoronbehalf ofCityorother third party are
without any representation or warranty bytheCity astothe acceptability, accuracy orsuitability
thereof fortheWork. Citymakes norepresentation orwarranty toContractor concerning the
acceptability, accuracy orcompleteness oftheContract Documents orother information anddata
prepared bypersons other thanCity, and accordingly, City shall have noliability toContractor with
respect toanypatent orlatent defects, deficiencies, errors andomissions therein.
4.4 Contractor represents thatithasreviewed the Contract Documents, visited thesite and provided City
with written notice ofanyconcerns ornecessary clarifications resulting fromthese reviews and
investigations priortosubmitting itsproposal orbidtoCityandexecuting thisAgreement. Contractor
waives therighttorequest andincrease inthe Contract Priceorextension oftheProject completion
deadline asaresult ofitsfailure toraisesuch concerns orclarifications with City.
4.5 Intent oftheContract Documents. The Contract Documents shall be deemed toinclude andrequire
allitems andaspects oflabor, material, equipment, services and transportation incidental toor
necessary fortheproper and efficient execution and completion oftheWork as itrelates tothe
Project. The Contract Documents are complementary, andwhat isrequired by any onedocument
shall beasbinding asifrequired byall. Work notspecifically covered intheContract Documents or
which issubject toquestion andinterpretation because ofconflicts, duplications orambiguities may,
atCity'soption, berequired of Contractor ifitisconsistent therewith and isreasonably inferable
therefrom asbeing necessary toproduce the results intended bythisAgreement. Assuch, anypart
ofthe Work shown onDrawings butnotspecifically mentioned intheSpecifications orviceversa
shall beconsidered aspartofthe Work, thesame as though included inboth.
4.6 Shop Drawings and Submittals. Contractor shall submit shop drawings, product data, samples and
similar submittals required bytheContract Documents with reasonable promptness and insuch
sequence as tocause nodelayintheWork orintheactivities ofothercontractors orsubcontractors.
IfContractor shall make changes indesign, including dimensional changes, either through shop
drawings oractual field work, itshall accept the responsibility forthe structural and functional
adequacy ofsuch changes and their acceptance byCity orProject’sarchitect. Any structural or
functional inadequacies which maydevelop because ofsuch changes shall beremedied by
Contractor unless such change isspecifically included inachange order.
4.7 Taxes. Asapublic, municipal entity, theCity ofCarmel, and its various departments, areexempt
fromsales and compensating use taxes onalltangible personal property (materials, equipment and
components) pursuant tothelawoftheState ofIndiana. Contractor shall notinclude any charges
representing suchtaxes on anyinvoices hereunder. Contractor shall beresponsible forallfranchise
fees andtaxes ofany kind whatsoever.
5. WARRANTY:
5.1 Inaddition toallwarranties required byContract Documents, Contractor expressly warrants thatthe
Goods and Services/theWork covered bythis Agreement willconform tothose certain
specifications, descriptions and/orquotations regarding same aswereprovided toContractor byCity
and/orby Contractor toand accepted byCity, allofwhich documents areincorporated herein by
3
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
reference, and thattheGoods andServices/the Work will be delivered and/orperformed inatimely,
goodand workmanlike manner andfreefrom defect. Contractor acknowledges thatitknows ofCity’s
intended use andexpressly warrants that theGoods andServices provided toCity pursuant tothis
Agreement havebeen selected by Contractor based upon City’sstated useandarefitand sufficient
fortheirparticular purpose.
5.2 Further, Contractor warrants toCitythatmaterials and equipment furnished under theContract
Documents willbe ofthebestquality andnew unless theContract Documents require orpermit
otherwise. The performance oftheWork shall not limit, voidorotherwise compromise ordiminish
anyequipment ormanufacturer warranty thatistobeissued under theContract Documents. Goods,
Work, materials, orequipment not conforming tothese requirements may beconsidered defective.
Contractor’swarranty excludes remedy fordamage ordefect caused byabuse, alterations tothe
Work notexecuted byContractor, improper orinsufficient maintenance, improper operation, or
normal wear andtear and normal usage. Ifrequired bythe City, theContractor shall furnish
satisfactory evidence astothekind andquality ofmaterials and equipment.
5.3 Contractor shall, atitssole expense, promptly andproperly repair, replace orotherwise correct any
Work that is (i) rejected byCity or Architect, or (ii) known, observed ordiscovered atanytimeby
Contractor, City orArchitect tobedefective orfailing toconform tothe Contract Documents andshall
payCity forallexpenses incurred inany delay caused byremedying defective orotherwise
nonconforming Work.
5.4 Ifwithin two (2) years afterfinal completion oftheProject, orsuch longer period asestablished with
respect toContractor’sobligations under the Contract Documents, theWork oranyportion thereof is
found tobenotinaccordance with the requirements oftheContract Documents, Contractor shall
correct itpromptly afterreceipt ofwritten notice from City todoso. Contractor’sobligations under this
Section shall survive completion and acceptance oftheWork and Project and termination ofthe
Agreement.
5.5 Any and allwarranties whichareavailable onany material orequipment orother service which is
partoftheWork willbe provided toCity atnoadditional cost. Upon completion oftheWork,
Contractor shall assign toCityall warranties obtained orobtainable byContractor from
manufacturers andsuppliers ofequipment andmaterials incorporated into theWork bywritten
instrument ofassignment inaformacceptable toCity. Contractor shall furnish City with copies ofall
warranties, guarantees, operating manuals relative toequipment installed, and acomplete set of
reproducible drawings withallfield changes noted onthem relating totheimprovements constructed
under theContract. Theassignment ofsuchmanufacturer andsupplier warranties shall not relieve
Contractor ofany ofits ownwarranty obligations under this Article, whichshall remain infullforce
and effect.
5.6 Notwithstanding anything tothe contrary contained inContract Documents with respect to
warranties, itisunderstood andagreed thatthe foregoing warranties and guarantees shall notaffect,
limitorimpair City'srightagainst Contractor with regard tolatent defects inthe Work which donot
appear within theapplicable warranty period following acceptance ofthe Work and which could not,
bytheexercise ofreasonable care and duediligence, beascertained ordiscovered byCitywithin
suchwarranty period. Contractor shall beand remain liable and responsible tocorrect and cure any
such latent defects which arereported toContractor byCityinwriting within ninety (90) days after
such latent defect first appears orcould, bytheexercise ofreasonable care andduediligence, be
4
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
ascertained or discovered byCity. City’swarranty rights and remedies with respect tolatent defects
shall remain infull force and effect andforthe same duration as withany other warranty provided in
this Article orotherwise available orprescribed bylaw.
6. TIME AND PERFORMANCE:
6.1 This Agreement shall become effective as ofthelast date onwhich aparty hereto executes same
Effective Date”), andboth parties shall thereafter perform their obligations hereunder inatimely
manner. Time isoftheessence ofthis Agreement.
6.2 Contractor shall continuously monitor the construction schedule and advise Cityonaregular basis of
thestatus ofContractor’sprogress with respect tosuch schedule atany timeCity’srepresentative
requests Contractor todoso, including the furnishing ofinformation onthe status ofshop drawings,
samples, submittals and materials, machinery orequipment which may be inthecourse of
preparation ofmanufacture.
6.3 If, intheopinion ofCity, Contractor isbehind schedule intheperformance oftheWorkorisfailing,
without cause, tomaintain progress oftheWork ortoconform tothe general progress ofallwork for
the Project, Contractor agrees that itshall, atitsown expense, perform such overtime work, use
extralabor, and undertake allother means necessary tobringthe Work back on schedule.
6.4 Ifthere are anyconflicting times ordurations foraction, submissions, notices orresponses thereto
byContractor between oramong the Contract Documents, thecontrolling timeorduration for such
action, submissions, notices orresponses thereto byContractor shall betheearlier of such times
and shorter ofsuch durations, unless Cityexpressly agrees inwriting otherwise.
7. MEANS AND METHODS:
Contractor isresponsible forthe means, methods, techniques, sequences orprocedures, and safety
precautions and programs inconnection withprovision ofGoods and Services andrelated work under the
Contract Documents. Atalltimes during performance oftheWork, Contractor shall maintain and designate
toCityadequate, experienced andcooperative supervisory personnel, including afull-time on-siteproject
manager orsuperintendent ifrequired by Contract Document orfederal, state orlocal laws, rules and
regulations. City shall not have control over orcharge of, andshallnotberesponsible for, means, methods,
techniques, sequences orprocedures, orforthesafety precautions andprograms inconnection with the
performance oftheWork byContractor andshallnot beresponsible forany omission orfailure onthepartof
theContractor toproperly perform itsobligations. Contractor shall beresponsible toCity forContractor’s
negligent acts oromissions orfailure toperform.
8. DISCLOSURE AND WARNINGS:
Ifrequested byCity, Contractor shall promptly furnish toCity, insuch form anddetail asCity may direct, alist
ofallchemicals, materials, substances and items used inorduring theprovision oftheGoods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. Atthetimeofthe delivery oftheGoods andServices provided hereunder, Contractor agrees
tofurnish toCity sufficient written warning and notice (including appropriate labels oncontainers and
packing) ofanyhazardous material utilized inorthatisapart ofthe Goods and Services.
9. PROTECTION OFWORK:
Contractor shall atitsown expense takeallnecessary precautions toprotect thework ofother trades from
anydamage caused byContractor’soperations, and watch over, care forandprotect from damage orinjury
5
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
byanycause whatsoever, allofContractor’sWork, complete orotherwise, and allofitsmaterials, supplies,
tools, machinery and equipment atornear theProject.
10. SUBCONTRACTS:
Byappropriate agreement, written where legally required forvalidity, Contractor shall require each
subcontractor, totheextent oftheWork to beperformed bythe subcontractor, to bebound toContractor by
terms oftheContract Documents, and toassume toward Contractor alltheobligations andresponsibilities,
including theresponsibility for safety ofContractor’sWork, which Contractor, by theseContract Documents,
assumes toward City. Each subcontract agreement shall preserve andprotect therights ofCityunder the
Contract Documents with respect tothe Work tobeperformed bysubcontractor so that contracting thereof
willnotprejudice such rights, andshall allow tosubcontractor, unless specifically provided otherwise inthe
contract agreement, the benefit ofallrights, remedies and redress against Contractor that Contractor, bythe
Contract Documents, hasagainst City. Where appropriate, Contractor shall require each subcontractor to
enter intosimilar agreements withitssubcontractors.
11. LIENS:
Contractor shall notcause orpermit thefiling ofany lien on any ofCity’sproperty. In theevent any such lien
isfiled and Contractor failstoremove such lien within ten (10) daysafter thefiling thereof, bypayment or
bonding, Cityshall have theright topaysuch lienor obtain such bond, allatContractor’ssole costand
expense.
12. DEFAULT:
Intheevent Contractor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis
Agreement, including Contractor’swarranties; (b) failstoprovide the Goods andServices as specified
herein; (c) failstomake progress soastoendanger timely andproper provision ofthe Goods and Services
and does notcorrect such failure orbreach within five (5) business days (orsuch shorter period oftime asis
commercially reasonable under the circumstances) after receipt ofnotice from City specifying such failure or
breach; or (d) becomes insolvent, is placed intoreceivership, makes ageneral assignment forthebenefit of
creditors ordissolves, eachsuch event constituting anevent ofdefault hereunder, Cityshall have the rightto
1) terminate allorany parts ofthisAgreement, without liability toContractor; and (2) exercise allother rights
and remedies available toCityatlaw and/orinequity.
13. INSURANCE AND INDEMNIFICATION:
13.1 Contractor shall procure and maintain infull force and effect during thetermof this Agreement, with
an insurer licensed todobusiness intheState ofIndiana, such insurance asisnecessary fortheprotection
ofCityand Contractor fromallclaims fordamages under any workers’ compensation, occupational disease
and/orunemployment compensation act; forbodily injuries including, but notlimited to, personal injury,
sickness, disease ordeath ofortoany of Contractor’sagents, officers, employees, contractors and
subcontractors; and, forany injury toordestruction ofproperty, including, but notlimited to, anyloss ofuse
resulting therefrom. Thecoverage amounts shall benoless than those amounts set forth inattached Exhibit
C. Contractor shall cause itsinsurers toname City asanadditional insured onallsuch insurance policies,
shallpromptly provide City, upon request, with copies ofallsuch policies, and shall provide that such
insurance policies shall not becanceled without thirty (30) days prior notice toCity. Contractor shall
indemnify andhold harmless City from andagainst any and allliabilities, claims, demands orexpenses
including, butnot limited to, reasonable attorney fees) forinjury, death and/ordamages toany person or
property arising from orinconnection withContractor’sprovision ofGoods andServices pursuant toorunder
this Agreement orContractor’suse ofCity property.
6
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
13.2 Notwithstanding any other provision ofthisAgreement tothecontrary, should anypolicy required by
theContract Documents becanceled orotherwise terminated before thecompletion of theWork hereunder,
Contractor shallexertallreasonable efforts toprocure andmaintain inforce similar insurance from insurers
satisfactory toCity and provide certificates ofsuch insurance toCity upon itswritten request. Should
Contractor failorneglect toprovide the required insurance, orallow anyrequired coverage tolapse, City
shall havethe right, but nottheduty, toprovide such insurance anddeduct the costthereof from anymoney
due toContractor any andallpremiums paid byCityforandonaccount ofsaid insurance. Thepolicy or
policies, and each certificate ofinsurance, shall further provide thatthe insurance willnot becancelled bythe
Insurer orthelimitsofliability reduced byendorsement prior toatleast thirty (30) days after written notice by
certified mail ofsuchcancellation orchange has been provided bytherespective insurer toCity. No less
than fourteen (14) daysprior tothe expiration, cancellation ortermination ofany suchpolicy, Contractor shall
supply City with anewandreplacement Certificate ofInsurance and Additional Insured endorsement as
proof ofrenewal oftheoriginal policy andcoverage, with suchneworreplacement policy andendorsements
inthesame manner and forthesame coverage and amounts infavor ofCity assetforth inthisParagraph.
13.3 Indemnity. Tothefullest extent permitted bylaw, Contractor shall indemnify, hold harmless and
defend City andallofitsofficers, directors and employees, fromand against allclaims, suits, demands,
causes ofaction, damages, losses, costs andexpenses, including reasonable attorney'sandContractor’s
feesand expenses, butonlytothe extent caused byContractor’snegligent performance oftheWork under
thisAgreement, oroccasioned byanybreach ornonperformance ofitsterms, provided thatanysuchclaim,
suit, demand, cause ofaction, damage, loss, cost, fees orexpense: (a) isattributable tobodily injury,
sickness, disease ordeath, orpatent infringement, orinjury toordestruction oftangible orrealproperty,
including thelossofusethereof andconsequential damages resulting therefrom, orisattributable to
damages fromeconomic harm orloss; and (b) iscaused inwhole orinpart byany negligent actoromission,
wrongful act, orotherbreach ofduty ofContractor oranyone directly orindirectly employed byitoranyone
forwhose acts itmaybeliable, regardless ofwhether such claim, suit, damage, loss, cost orexpense is
caused inpart byanyjoint, several orcomparative, butnot sole, negligent act oromission, ofCity.
13.4 The foregoing obligations ofContractor shallnotbeaffected orlimited inanyway byanyinsurance
required ofor provided to Contractor under the Agreement. The indemnification and hold harmless
obligations asprovided herein shall not negate, abridge orotherwise reduce any other right andremedy of
City orobligation ofindemnity by Contractor which would otherwise exist infavor ofCity under this
Agreement.
14. GOVERNMENT COMPLIANCE:
Contractor agrees tocomply with allfederal, state and local laws, executive orders, rules, regulations and
codes which may beapplicable toContractor’sperformance ofitsobligations under thisAgreement, andall
relevant provisions thereof areincorporated herein bythis reference. Contractor agrees toindemnify and
hold harmless City from any loss, damage and/orliability resulting from anysuch violation ofsuch laws,
orders, rules, regulations andcodes. This indemnification obligation shall survive thetermination ofthis
Agreement.
15. NONDISCRIMINATION:
Contractor represents and warrants that itand allofitsofficers, employees, agents, contractors and
subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting
discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods
and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of
employment and any other matter related totheiremployment orsubcontracting, because ofrace, religion,
7
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam eraveteran
status.
16. E-VERIFY:
Pursuant toI.C. § 22-5-1.7etseq., asthesame may beamended from time totime, and asisincorporated
herein bythis reference (the “Indiana E-Verify Law”), Contractor isrequired toenroll inand verify thework
eligibility status ofits newly-hired employees using theE-Verify program, andtoexecute the Affidavit
attached herein asExhibit D, affirming that itisenrolled andparticipating intheE-verify program and does
not knowingly employ unauthorized aliens. Insupport oftheAffidavit, Contractor shall provide theCity
with documentation indicating that ithasenrolled and isparticipating inthe E-Verify program.
Should Contractor subcontract fortheperformance ofanywork under andpursuant tothis Agreement, it
shall fully comply with theIndiana E-Verify Law as regards each suchsubcontractor. Should theContractor
orany subcontractor violate the Indiana E-Verify law, theCitymay require acure ofsuch violation and
thereafter, ifnotimely cure isperformed, terminate this Agreement inaccordance with either the provisions
hereof orthose setforth inthe Indiana E-Verify Law. Therequirements ofthis paragraph shall notapply
should theE-Verify program cease toexist.
17. OWNERSHIP AND USE OFDOCUMENTS:
TheReports, Recommendations, Analyses, Surveys, Data, Calculations, Drawings, Schedules, Specifications
andother documents prepared oremployed byContractor during thecourse offurnishing theWork toCity
under thisAgreement shallbeand become theproperty ofthe City, whether the Project iscompleted ornot;
accordingly, such materials may beused by theCity for information andreference and inconnection with City’s
involvement ontheProject. Suchitems anddocuments may alsobeused byCityforcompletion ofthe Project
orwork with respect thereto byothers ifContractor isindefault under this Agreement, inwhich case Contractor
shall provide City with reproducible copies ofsuch reports, recommendations, analyses, surveys, data,
calculations, drawings, schedules, specifications and other documents forsuchuse butshall not beobligated to
sign, certify orseal such copies. Contractor may utilize thename, images ordescriptions ofthe Project inits
promotional andmarketing materials, except thatitshallnotutilize, publish oradvertise any unique ordistinctive
components ofthe design, drawings orspecifications fortheProject insuch promotional and marketing
materials without firstobtaining thewritten consent ofCity. Contractor will have noliability toCityarising from
City’suseoralteration oftheabove-referenced documents onany unrelated project.
18. NOIMPLIED WAIVER:
Thefailure of either party torequire performance bythe other ofanyprovision ofthis Agreement shall not
affect therightofsuch partytorequire such performance atany time thereafter, nor shall thewaiver byany
party ofabreach ofany provision ofthis Agreement constitute awaiver ofany succeeding breach ofthe
same orany other provision hereof.
19. NON-ASSIGNMENT:
Contractor shall notassign orpledge this Agreement, whether ascollateral foraloan orotherwise, and shall
notdelegate itsobligations under this Agreement without City’sprior written consent.
20. RELATIONSHIP OFPARTIES:
The relationship oftheparties hereto shall beasprovided forinthisAgreement, and neither Contractor nor
any ofitsofficers, employees, contractors, subcontractors and agents areemployees ofCity. The contract
price setforth herein shall bethefulland maximum compensation andmonies required ofCity tobepaid to
Contractor under orpursuant tothis Agreement.
8
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
21. GOVERNING LAW; CONFLICT RESOLUTION:
21.1 General. Cityand Contractor arefully committed toworking with eachother throughout theProject
andagree tocommunicate regularly with each otheratalltimes soastoavoid orminimize disputes
ordisagreements. Ifdisputes ordisagreements doarise, City and Contractor each commit to
resolving such disputes ordisagreements inanamicable, professional and expeditious manner so
astoavoid unnecessary losses, delays and disruptions totheWork.
Cityand Contractor shallcommence allclaims and causes ofaction, whether incontract, tort, or
otherwise, against theotherarising out oforrelated tothisAgreement within theperiod specified by
applicable law, butifnototherwise specified byapplicable law, within notmore thanten (10) years
after thedateofSubstantial Completion ofthe Work.
AllContract Documents are tobeconstrued inaccordance with andgoverned bythelaws ofthe
State ofIndiana, except foritsconflict oflaws provisions.
21.2 Litigation. Claims, disputes andother matters incontroversy arising outoforrelated tothis
Agreement, nototherwise resolved inaccordance withtheprovisions above, theparties agree that,
intheevent alawsuit isfiled hereunder, they waive theirright toajury trial, agree tofile anysuch
lawsuit inanappropriate court inHamilton County, Indiana only, andagree thatsuch court isthe
appropriate venue for and has jurisdiction oversame, andany hearing, trial orconference shall take
place inthatlocale, unless agreed tootherwise inwriting byCity and Contractor. City and Contractor
consent tothechoice oflaw, the choice ofdispute resolution designated by them, venue asprovided
herein, andtopersonal jurisdiction over each ofthem asprovided herein andwaive anyrightto
object tothe exercise ofpersonal jurisdiction bythe court andtoexclusive venue inthislocale.
Anyaward, judgment oragreement insettlement ofadispute concerning such matters and resulting
from negotiations orlitigation inwhich City andContractor are parties orparticipants shall beas
binding upon surety asthough surety were named and joined insuch proceeding, provided that
Contractor has been given areasonable opportunity tojoin, participate, assist orprovide supporting
evidence inthe presentation ofany claim, defense orother issue incontroversy thatissettled or
resolved thereby.
21.3 Continuation ofWork. Provided City continues tomake payments ofamounts notindispute, no
dispute under this Paragraph shall interfere with theprogress oftheWork, and Contractor shall
proceed withfurnishing the Work, including disputed performance, despite theexistence of, and
without awaiting theresolution of, anysuch dispute. Thefailure orrefusal ofContractor tocontinue
performing under such circumstances shallconstitute adefault under thisAgreement.
21.4 Claims Against Third Parties. Inany instance orproceeding whereby any claim, dispute orother
matter incontroversy between City and Contractor involves, arises from orgives rise toasimilar
claim, dispute orother matter incontroversy asbetween City andanother third-party, Contractor
shall furnish andpresent toCity non-privileged evidence, documentation and other information to
support itsclaim, defense orother position with respect thereto.
21.5 Waiver ofConsequential Damages. Contractor waives anyclaims against City forconsequential
damages arising out oforrelating tothisAgreement. This waiver includes damages incurred by
Contractor forprincipal office expenses, including the compensation ofpersonnel stationed there
and other components ofhome office overhead, forlosses offinancing, business andreputation, for
9
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
lossofmanagement oremployee productivity orofthe services ofsuchpersons and forlossofprofit
except anticipated profit arising directly from theWork being performed hereunder. This waiver is
applicable, without limitation, toallconsequential damages due toeither party’stermination in
accordance with this Agreement.
22. SEVERABILITY:
Ifany term ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive
order orother rule oflaw, suchterm shallbedeemed reformed ordeleted, butonly totheextent necessary to
comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect.
23. NOTICE:
Any notice provided for inthis Agreement will besufficient ifitisinwriting andisdelivered bypostage
prepaid U.S. certified mail, return receipt requested, tothe party tobenotified attheaddress specified
herein:
IftoCity: CityofCarmel AND CityofCarmel
Street Department Office ofCorporation Counsel
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
IftoContractor: Howard Asphalt, LLCd/b/aHoward Companies
2916Kentucky Avenue
Indianapolis, Indiana 46221
Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven
orally, aslongaswritten notice isthen provided as set forth hereinabove within five (5) business days from
thedate ofsuchoral notice.
24. TERMINATION:
24.1 Notwithstanding anything tothecontrary contained inthis Agreement, City may, upon notice to
Contractor, immediately terminate thisAgreement forcause, inthe event ofadefault hereunder by
Contractor and/orifsufficient funds arenotappropriated orencumbered topay for theGoods and
Services tobeprovided hereunder. Inthe event ofsuch termination, Contractor shall beentitled to
receive onlypayment for theundisputed invoice amount representing conforming Goods and
Services delivered asofthe date oftermination, except thatsuch payment amount shallnot exceed
theContract Price amount ineffect atthe time oftermination, unless the parties have previously
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
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
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
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
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
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2025
Appropriation #1206 10143-502.00Fund; P.O. #118561
Contract NotToExceed $207,011.19
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
11/21/2025
HowardAsphaltLLC
LineItemDescriptionQuantityUnit ofMeasureUnit CostTotal
12" Mill17895Sq. Yds.$1.88$33,642.60
2Type B1970Tons$88.00$173,360.00
3TAC859Gal$.01$8.59
Total$207,011.19
PAVING SPECIFICATIONS
Thisbidpacket isbased onquantities andnotstreets presented ontheprovided
proposedstreetlist. Theproposed streetlistshouldnotbeconsidered ascomprehensive.
Thestreetlistissubjecttochange withadditions ordeletions.
Finalcompletion date: 12/31/2025
Standards forconcrete andpaving mustbe2022INDOTstandards, Section 402forasphalt,
Section502for concrete. Biddingcompany musthaveINDOTcertifiedconcreteinspector,to
testinaccordance withINDOT frequency manual. Pavement mustbetestedatContractor’s
expense, asrequested byCity.
Concreteandpavingcompaniesmust haveatleast10yearsexperience andmustbeINDOT-
certified.
Afterbidhasbeenawarded, apreconstruction meeting willbescheduled wherethecontractor
mustsubmit adesignmixfortheconcrete andasphaltpavement.
Anyadditionallineitemsoutsideoftheoriginalbidtabmustbeapprovedandhaveasigned
change order beforeworkcanbeperformed.
Bi-weeklyprogressmeetings willbeheldattheCarmel StreetDepartment oncecontract
documents havebeensigned.
Allstreetstobeproperly cleanedbeforeapplyingmaterials.
Allmaterials shallcomplywithcurrent Indiana StateHighway Standard specifications for
materialsupplied andforapplication ofmaterials. Biddertofurnishallequipment asrequiredto
process andapply materials. Asphaltplantsshallbeownedbybidder andapproved bythe
Indiana Department ofHighways.
SomeworkononeormoreCitystreetswillhavetobecoordinated withotherworkonthestreet.
Afterthejobiscomplete, iftheCitydeemsitnecessary, atCity’ssolediscretion, coresamples
willbetakenandanalyzed atjobsitesattheexpenseoftheCity. Arepresentative oftheCarmel
StreetDepartment willbeassignedtoeachjobsite.
Therewillbenoworkdonewithout firstcontacting theCarmelStreetCommissionerfor
approval ofdates, timesandlocations.
Anagreementofconditionsshall besigned bytheacceptedbidder.
TheCitymayrequirethattrucks providetickets thatcertify theweightofthematerial delivered.
PavingSpecifications-1
Allstripingshall beputbackwiththermoplastic perINDOTspecifications.
Alldurable pavement markingmaterialistobeassetoutintheManualonUniform Traffic
Control Deviceswithin14daysoffinalpave.
Propersignageandtrafficcontrolwillbetheresponsibility ofthesuccessful bidder. (For
example: “Workers Present” shallbeusedinplaceof “MenWorking”).
Inresidential areas, propernotification toresidentsofpaving dateswillbetheresponsibilityof
thesuccessful bidder.
Millingofbuttjointswillbeaminimumof1” indepth.
Formillingpurposes, anydamagetomanholecovers willbetheresponsibility ofthebidder.
Butyl rubberorKentsealwillbeusedwhenresetting manholes.
Duetothepotential damage toroadwaysurfaces, alltracmachineswillbemovedbytruckfrom
streettostreet andwillnotbedrivenonexisting Cityroadways.
Insomeareas, therearebrickpaversorstamped concrete. Specialuseofsandand4’x8’ pieces
ofplywood needtobeusedtoprotectthoseareasfromtacandasphalt.
Allcoldjointshavetobecutsquare.
Wherenewpavement meetsnewpavement, theseammustbedouble-tacked.
Forthepurposes ofthecontract, anyareasdugoutandreplaced willconsist ofthefollowing:
4” - #2’s
6” - #53’s
4” – Binder
1” – Surface
Forthepurposes ofthecontract, anyareasPlungeMilled6" depthandreplaced willconsistof
thefollowing:
6” -Base Asphalt
PavingSpecifications-2
THERMOPLASTIC
Application:Thermoplastic markingmaterial shallbeusedonasphaltpavements unless
otherwise specified ordirected. Thepavement surfaceshallbeprimedwithabindermaterial in
accordance withthemanufacturer’srecommendations. Thermoplastic marking shallbeapplied
inmolten formbyspray, extrusion, orribbon typeextrusion airlessspraywhen thepavement
temperature is50degrees Fahrenheit (10degreesCelsius) orabove. Theaverage thickness of
each36in. (910mm) lengthofthermoplasticmarking shallbenolessthan3/32in.(2.5mm)nor
morethan3/16in. (5m). Immediately following theapplication ofthethermoplastic markings,
additional reflectorization shallbeprovided byapplying glassbeads tothesurface ofthemolten
material atauniform minimum rateof6lb./100sq. ft. (2.9kg/10m²) ofmarking.
Equipment: Themachine usedforthesprayapplication ofthermoplastic markingsshall
consistofakettlefor melting thematerialandanapplicator forapplying themarkings. Allof
theequipment required forpreheating andapplying thematerialshallmaintainauniform
materialtemperature withinthespecifiedlimits, withoutscorching, discoloring oroverheating
anyportionofthematerial.
Themachineshallbeequipped withthefollowing: anairblastdeviceforcleaningthepavement
aheadofthemarkingoperation; aguide pointertokeepthemachine onanaccurate line; atleast
twospraygunswhichcanbeoperated individually orsimultaneously; agitators; acontroldevice
tomaintainuniform flowandapplication; anautomatic devicewhich willprovideabrokenline
oftherequiredlength; andanautomatic glassbeaddispenser whichissynchronized withthe
markingapplication.
Preformed Plastic Application: TheContractor shallprovide theDepartment withoriginal
copiesofallnecessarycurrentmanufacturer’sinstallation manualspriortobeginninginstallation
work. Noinstallation workshallbegin priortotheDepartment’sreceiptofthese manuals.
Thesemanualswill become theproperty oftheDepartment.
Preformed plasticshall beapplied whentheairtemperature isaminimum of60degrees
Fahrenheit (16degreesCelsius) andrising, andthepavementtemperature isaminimumof70
degreesFahrenheit (21degreesCelsius).
PavingSpecifications-3
TechnicalSpecifications
Plunge Mill
IfPlungeMillbecomes necessary, achange orderwillberequested foradditional payitems.
Description:Removing7.5” ofasphaltbymillingthen backfillingwithHMAintermediate
witha1.5” liftifHMAintermediate asdirectedbytheEngineer.
Materialsandperformance shallbeinaccordance withINDOTStandard Specification Section
401except fortesting. Acceptance ofmaterial shallbebased uponaTypeDcertification.
Intermediateliftsshallbetwoliftsof3” – 330#/SYDQC/QA – HMA, 3, 64, Intermediate,
19.0mm.
Measurement shallbebythesquareyardofIntermediate mixplaced. TheSurface courseshall
bemeasured bytheton.
Payment shallbepaidbythetonofIntermediate placed. TheSurfacecourseshallbepaidby
theton. Plunge millshallbepaidbythe squareyard.
PavingSpecifications-4
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.
EXHIBIT D
AFFIDAVIT
being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
1. I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
the “Employer”)
in the position of ______________________________________.
3. I am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E-Verify program and has provided
documentation of such enrollment and participation to the City of Carmel, Indiana.
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the _________day of __________________________, 20___.
Printed:_____________________________
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
Printed: _____________________________
Page1of1INDIANARETAILTAXEXEMPT
CERTIFICATENO. 0031201550020PURCHASEORDERNUMBERCityofCarmelFEDERALEXCISETAXEXEMPT118561
35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE
VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
2025PavingContract11/19/2025372681
HOWARD COMPANIES StreetDepartment
VENDORSHIP2916KENTUCKYAVE 3400 W. 131stStreet
TO Carmel, IN 46074-
INDIANAPOLIS, IN 46221 - (317) 733-2001
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
106169
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund: 1206101General Fund
Account: 43-502.00
1EachAdditional Paving Project$207,011.19$207,011.19
SubTotal 207,011.19
SendInvoiceTo:
Street Department
3400 W. 131stStreet
Carmel, IN 46074-
317) 733-2001 PLEASEINVOICEINDUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
207,011.19PAYMENT
A/PVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAYFOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ONALL SHIPPING LABEL
THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945
ORDEREDBYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbothamZac Jackson
TITLECommissionerCFO
CONTROL NO. 118561
1
ADDENDUM TO TERMS AND CONDITIONS
This Addendum is entered into by and between the City of Carmel, Indiana (the “City”) and
Arcadis, U.S., Inc, an entity authorized to do business in the State of Indiana (the “Contractor”).
The purpose of this Addendum is to add and clarify certain terms and conditions set forth in the
Agreement for Professional Services prepared by the Contractor (collectively the “Agreement”). Any
inconsistency, conflict, or ambiguity between this Addendum and the Agreement shall be resolved by
giving precedence and effect to this Addendum.
1. ACKNOWLEDGMENT, ACCEPTANCE:
Contractor acknowledges that it has read and understands this Addendum, and agrees that its
execution of same constitutes its acceptance of all of the Addendum’s terms and conditions.
2. TIME AND PERFORMANCE:
This Addendum and the Agreement shall become effective as of the last date on which a party
hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations
hereunder in a timely manner or as specified in the Agreement.
3. REQUIRED DISCLOSURE:
In addition to any exceptions to disclosing of confidential information listed in the Agreement, the
City, upon consulting and providing notice to Contractor, may disclose such information,
including confidential information, if such disclosure is required by any federal, or state law, or by
the order of the court of competent jurisdiction. The City shall not disclose any information that
would be deemed proprietary or constitute a trade secret unless ordered so by a court of competent
jurisdiction.
4. LIENS:
Contractor shall not cause or permit the filing of any lien on any of City’s property. In the event
any such lien is filed and Contractor fails to remove such lien within ten (10) days after the filing
thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all
at Contractor’s sole cost and expense
5. TERMINATION:
The City may terminate the Agreement at any time with thirty (30) day advance written notice to
the other party. The City shall not incur any early termination fees or penalties.
6. GOVERNMENT COMPLIANCE:
Contractor agrees to comply with all federal, state and local laws, executive orders, rules,
regulations and codes which may be applicable to Contractor’s performance of its obligations
under this Agreement, and all relevant provisions thereof are incorporated herein by this reference.
Contractor agrees to indemnify and hold harmless the City from any loss, damage and/or liability
resulting from any such violation of such laws, orders, rules, regulations and codes. This
indemnification obligation shall survive the termination of this Agreement.
7. INDEMNIFICATION:
Each Party shall indemnify, defend and hold the other Party harmless from all claims, causes of
action, losses, liabilities, costs and expenses, including reasonable attorney fees and other related
costs, that such Party may suffer, sustain or become subject to as a result of any failure, neglect, or
2
refusal to perform all of such Party’s obligations under the Agreement or as a result of the
Indemnifying Party’s negligence or willful misconduct in performance of its obligations under
the Agreement. This indemnification obligation shall survive the termination of this Agreement.
8. PRICE AND PAYMENT TERMS:
Contractor agrees not to provide any Services to City that would cause the total cost of the
Services provided by Contractor to City hereunder to exceed the proposed amount, unless City has
previously agreed, in writing, to pay an amount in excess thereof. All payments and any late
payments fees shall be pursuant to Indiana Prompt Payment Statute; Ind. Code 5-17-5 et al.
9. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither
Contractor nor any of its officers, employees, contractors, subcontractors and agents are
employees of City. The contract price set forth herein shall be the full and maximum
compensation and monies required of City to be paid to Contractor under or pursuant to this
Agreement.
10. NON-ASSIGNMENT:
Contractor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise,
and shall not delegate its obligations under this Agreement without City’s prior written consent.
11. IRAN CERTIFICATION:
Pursuant to I.C. § 5-22-16.5, Contractor shall certify that, in signing this document, it does not
engage in investment activities within the Country of Iran.
12. NONDISCRIMINATION:
Contractor represents and warrants that it and all of its officers, employees, agents, and sub-
contractors shall comply with all laws of the United States, the State of Indiana and City
prohibiting discrimination against any employee, applicant for employment or other person in the
provision of any Goods and Services provided by this Addendum with respect to their hire, tenure,
terms, conditions and privileges of employment and any other matter related to their employment
or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age,
disabled veteran status and/or Vietnam era veteran status.
13. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is
incorporated herein by this reference (the “Indiana E-Verify Law”), Contractor is required to enroll
in and verify the work eligibility status of its newly-hired employees using the E-Verify program,
affirming that it is enrolled and participating in the E-Verify program and does not knowingly
employ unauthorized aliens. Should Contractor’s subcontract for the performance of any work
under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as
regards each such subcontractor. The requirements of this paragraph shall not apply should the E-
Verify program cease to exist.
IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum as follows:
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page1of8
CzTfshfzHsfdivlijobu4;51qn-Opw35-3136Water/Wastewater Study Phase Services
BetweenCityofCarmel UtilitiesandArcadisU.S., Inc. ProjectNumber:30307215
ThisisanAgreement effective asof ____________, 2025 \[“Effective Date”\] between City ofCarmel Utilities \[“Client”\],
having itsprincipal place ofbusiness at30WestMain Street, Suite 220, Carmel, IN46032, andArcadis U.S., Inc.,
Arcadis”\] acorporation chartered under thelaws oftheState ofDelaware, havingitsprincipal place ofbusiness at630
PlazaDrive, Highlands Ranch, Colorado 80129 andanofficeat47S. Meridian Street, Suite200, Indianapolis, IN46204.
TheClient intends toperform theWater Model Update & Maintenance \[“Project”\].
Clientengages Arcadis toprovide professional engineering services insupport ofitsProject \[“Services”\].
Thelocation oftheProject isCity ofCarmel \[“Site”\], Indiana \[“State”\].
Arcadis’ Services fortheProject aredescribed generally asfollows: review, update, andcalibrate theexisting water
distribution modelaligned withtheGISandcurrent industry standards; perform ahydraulic analysis oftheexisting system,
perform alimited water quality analysis toimprove waterageandstorage turnover, evaluate operation ofthenew West
underground storage tank anticipated tobeplaced inoperation inSeptember 2026, make improvement recommendations
forsystem andoperational enhancements, andprovide as-needed modeling support asacontingency task.
Inconsideration ofthemutual promises herein, Client andArcadis agree thattheterms andconditions ofthisAgreement
arethefollowing:
1BASICSERVICES
1.1Scope. ArcadisshallprovidetheBasicServicesdescribed inScheduleA. Arcadisintendstoperformthescopeofservices/work
contemplated hereinandinthecontract documentsthroughacombinationofitsownemployees andemployees ofitsaffiliates,
andtheuseofsuchaffiliatelaborshallnotbedeemedasubcontractforpurposesofthisAgreement. Arcadis’ obligationsunder
thisAgreement aresolelyforthebenefitofClientandnootherpartyisintended tobenefitorhaverightshereunder.
1.2Standard ofCare. ArcadisshallperformtheServicesunderthisAgreement atthelevelcustomaryforcompetent andprudent
engineersperforming suchservicesatthetimeandplacewheretheServices areprovided \[“StandardofCare”\]. TheseServices
willbeprovidedbylicensedengineersandotherprofessionals andindividualsskilledinothertechnicaldisciplines, asappropriate.
1.3InstrumentsofService. Arcadis isresponsiblefortheprofessionalquality, technicalaccuracy, timelycompletion, andthe
coordination ofallinstrumentsofitsServicesincluding designs, drawings, specifications, reports \[“ServiceInstruments”\] and
otherservicesprovidedunderthisAgreement.
1.4Indemnification. Arcadisagreestoindemnify andholdClientharmlessfromalllossesanddamagesresultingfromArcadis’
failuretomeettheStandardofCare.
1.5Subcontractors. Anysubcontractors andoutsideassociates orconsultantstobeengaged byArcadisunderthisAgreementare
limitedtothoseidentifiedinSchedules AandB, orasClientspecifically approvesduringtheperformance ofthisAgreement.
2ADDITIONAL SERVICES
2.1Scope. ArcadiswillprovidetheAdditionalServicesdescribedinScheduleBwhenauthorizedinwritingbyClient.
2.2ExcludedServices. ClientacknowledgestheServicesprovidedbyArcadishereunderdonotandshallnotinclude: (1) servingas
a “municipal advisor” forpurposesoftheregistrationrequirements ofSection975oftheDodd-FrankWallStreetReformand
ConsumerProtectionAct (2010) orthemunicipal advisorregistration rulesissuedbytheSecuritiesandExchangeCommission;
2) advising Client, oranymunicipalentityorotherpersonorentity, regardingmunicipalfinancialproductsortheissuanceof
municipal securities, includingadvicewithrespecttothestructure, timing, terms, orothersimilarmattersconcerningsuch
productsorissuances; (3) thepracticeoflaworotherlegalservices; (4) noranyformofprofessionalaccountingorinsurance
advisory services.
CityofCarmel Utilities Water Model Update & Maintenance Agreement_Final
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 2 of 8
Water/Wastewater Study Phase Services
Between City of Carmel Utilities and Arcadis U.S., Inc. Project Number:30307215
City of Carmel Utilities Water Model Update & Maintenance Agreement_Final
3 SECTION 3 -- CLIENT'S RESPONSIBILITIES
Unless stated otherwise in Section 8, Client shall do the following in a timely manner:
3.1 Client's Representative. Designate a representative having authority to give instructions, receive information, define Client's
policies, and make decisions with respect to the Services.
3.2 Services Criteria. Provide all criteria and information asto Client's requirements for the Services, including objectives, concepts,
constraints, and performance requirements, and any budgetary limitations.
3.3 Data. Give Arcadis all available information, including previous reports and any other data in the possession of Client relative
to the Services. These data may include (1) data prepared by others, including borings, subsurface explorations, hydrographic
surveys, and laboratory tests and inspections of samples, materials and equipment, (2) appropriate professional interpretations of
such data, (3) environmental assessments and impact statements, (4) property, boundary, easement, right-of-way, topographic and
utility surveys, (5) property descriptions, zoning, deed and other land use restrictions, and (6) other necessary special data or
consultations. Arcadis may rely on the accuracy and completeness of the supplied data.
3.4 Access. Arrange for Arcadis to enter upon public and private property as necessary.
3.5 Review. Examine the Service Instruments and obtain the advice of attorneys, insurance counselors or other consultants as Client
thinks appropriate. Render written decisions concerning the Service Instruments within a reasonable time. Client expressly
acknowledges and agrees thatthe Services provided do not and shall not include: (1) serving as a “municipal advisor” for purposes
of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or
the municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Client, or any municipal
entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice
with respect to the structure, timing, terms, or other similar matters concerning such products or issuances; (3) the practice of law
or other legal services, nor any form of insurance advisory services.
3.6 Expert Advice. Provide legal, accounting, insurance or other necessary advisory services for the Services. Client expressly
acknowledges and agrees that the Services provided do not and shall not include the practice of law or other legal services, nor
any form of professional accounting or insurance advisory services.
3.7 Permits. Furnish approvals and permits from governmental authorities or other entities having jurisdiction over the Services and
approvals from others as may be necessary for the timely completion of the Services.
3.8 Services Developments. Give prompt written notice to Arcadis whenever Client observes or otherwise becomes aware of any
development that affects the scope or timing of Arcadis’ services.
4 PERIODS OF SERVICE
4.1 Time of Performance. Sections 4 and 5 anticipate the orderly and continuous progress of the Services. The time of performance
contemplated is the period which should reasonably be required for the completion of the Services.
4.2 Delays. If Schedule A specifies periods of time for performance of services or specific dates by which services are tobe completed
and if such periods or dates are exceeded through no fault of Arcadis, the compensation specified under Section 5 shall be subject
to equitable adjustment.
4.3 Start of Performance. Arcadis will start the Basic Services upon authorization by Client. Unless otherwise stated in this
Agreement, signing of this Agreement by both Client and Arcadis will constitute such authorization. If Client elects to authorize
Arcadis to proceed before signing this Agreement, Arcadis shall be paid as if the services had been performed after both parties
signed the Agreement.
4.4 Completion of Performance. For the purposes of final payment under Section 5, completion of Arcadis’ services will occur
upon delivery of the final report as specified in Schedule A or B, as appropriate.
4.5 Force Majeure. If a force, event, or circumstance beyond Arcadis’ control interrupts or delays Arcadis’ performance, the time
of performance of the Basic or Additional Services shall be equitably adjusted.
5 COMPENSATION
5.1 Basic Services. Client shall pay Arcadis the Amount stated in invoices issued in accordance with Schedule C [Pricing Schedule]
for actual work performed and Reimbursable Expenses incurred during the period covered by the invoice. Arcadis shall be entitled
to invoice for affiliate labor in the same manner as it invoices its own employees. Invoices are due and payable within 30 days
after receipt by Client. Client’s payments shall be in the form and shall be sent to the Arcadis address as described in the invoices.
5.2 Additional Services. Client shall pay Arcadis for Additional Services actually performed pursuant to Client's authorization and
invoiced in accordance with the Pricing Schedule.
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 3 of 8
Water/Wastewater Study Phase Services
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5.3 Litigation Services. If Client requires Arcadis’ services either as a witness in, or support of, litigation or other dispute resolution
procedures between Client and a third party, Arcadis will provide such services in accordance with a Pricing Schedule for litigation
services. In addition, Client will promptly reimburse Arcadis for its reasonable fees and expenses (including without limitation
attorney’s fees and other legal costs incurred by Arcadis in response to a subpoena, or request for the production of documents,
for any appearance at a deposition, trial or other legal proceeding) – provided Arcadis is not a named party to such legal
proceeding.
5.4 Delay or Termination.
5.4.1 If Client delays the performance of, or payment for, services under this Agreement for more than 3 months for a reason(s) other
than Arcadis’ fault, Arcadis may suspend performance until it receives payment in full for services rendered and expenses
incurred to the date of suspension.
5.4.2 If Client terminates this Agreement prior to completion of the Basic Services, Arcadis shall be paid in full for services rendered
and expenses incurred to the date of termination, including reasonable demobilization and termination expenses.
5.5 Disputed Amounts. Notwithstanding the provisions of Section 7, if Client disputes an item(s) or amount(s) contained in an
invoice, Client agrees to pay the balance of the undisputed invoiced amounts to Arcadis in accordance with Schedule C.
5.6 Collection. Any reasonable attorneys' fees or other reasonable costs incurred by Arcadis in collection of delinquent amounts shall
be paid by Client.
6 OPINIONS OF CONSTRUCTION COST
6.1 Construction Cost. If the Service Instruments includes an estimate of the cost of constructing a facility [Construction Cost],
that cost includes the total cost to Client of those portions of the Project described in the Service Instruments. Construction Cost
will not include Arcadis’ compensation and expenses, the cost of land, rights of way, orcompensation for properties. Construction
Cost will also not include Client's legal, accounting, or insurance counseling services, or interest and financing charges incurred
in connection with the Project, or the cost of services to be provided by others under paragraph 3.6 unless otherwise specified in
Schedule A.
6.2 Opinions of Cost. Arcadis’ opinion of probable Construction Cost is made on the basis of Arcadis’ experience and qualifications
and represents Arcadis’ judgment as an experienced and qualified professional engineering firm, familiar with the construction
industry. Arcadis does not guarantee that proposals, bids or actual Project cost will not vary from Arcadis’ opinions of probable
Construction Cost.
7 GENERAL CONSIDERATIONS
7.1 Changes. By written notice at any time, Client may change the Basic Services, provided such changes are within the general
scope of the services contemplated by this Agreement. In such event, an equitable adjustment both in the compensation for and
time of performance of the Agreement shall be made in writing prior to Arcadis’ performing the changed services.
7.2 Confidentiality. Arcadis will hold secret and confidential all information designated by Client as confidential [Confidential
Information]. Arcadis will not reveal Confidential Information to a third party unless:
7.2.1 Client consents in writing;
7.2.2 the information is or becomes part of the public domain;
7.2.3 Arcadis lawfully possessed the information before receipt from Client;
7.2.4 applicable law, regulation, court order or an agency of competent jurisdiction requires its disclosure; or
7.2.5 failure to disclose the information would pose an imminent and substantial threat to human health or the environment.
7.3 Professional Service. The Service Instruments furnished under this Agreement are the tangible results of Arcadis’ professional
services for the Services and Arcadis shall have the right to use or reuse and retain the copyright of the Service Instruments for
its purposes and at its sole risk, without liability to Client.
7.3.1 Reuse. Arcadis does not represent the Service Instruments to be suitable for reuse by Client or others for extensions of the
Services or on any other project. Any reuse without written verification or adaptation by Arcadis for the specific purpose
intended is at Client's sole risk, without liability to ARCADIS. Any such verification or adaptation will entitle Arcadis to
compensation at rates to be agreed on by Client and ARCADIS.
7.3.2 CADD. Arcadis may provide information related to the Service Instruments in computer-assisted design and drafting format
CADD] to Client. CADD is derived in part from computer software for which Arcadis is licensed. These licenses are not
transferable. Any unlicensed reuse of CADD may subject the user to liabilities to the software licensor.
7.3.3 Electronic Media. Either party to this Agreement may rely on the data or information set forth on paper (also known as “hard
copies”) that the party receives from the sending party by mail, hand delivery, or facsimile as items the sending party intended
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 4 of 8
Water/Wastewater Study Phase Services
Between City of Carmel Utilities and Arcadis U.S., Inc. Project Number:30307215
City of Carmel Utilities Water Model Update & Maintenance Agreement_Final
to send. Data or information send in electronic media format by one party to the other party are furnished only for the
convenience of the receiving party and shall not be relied upon by the receiving party. If there is a discrepancy between the
data received in electronic media format and the hard copies, the hard copies govern. Any conclusion or information obtained
or derived from the data in electronic media format shall be at the user’s sole risk. When transferring documents in electronic
media format, the sending party makes no representations as to the long term compatibility, usability, or readability of such
documents resulting from the use of software, application packages, operating systems or computer hardware differing from
those used by the document’s creator.
7.4 Insurance. Arcadis will maintain insurance against the following risks during the term of the Agreement:
7.4.1 workers compensation in statutory amounts and employer's liability for Arcadis’ employees' Services-related injuries or
disease;
7.4.2 general liability and automobile liability each in the amount of $1,000,000 for personal injury or property damage to third
parties which arises from Arcadis’ performance under this Agreement; and
7.4.3 professional liability in the amount of $1,000,000 for legal obligations arising out of Arcadis’ failure to meet Standard of Care.
7.5 Interpretation. This Agreement shall be interpreted in accordance with the laws of the State.
7.6 Successors. This Agreement is binding on the successors and assigns of Client and ARCADIS. The Agreement may not be
assigned in whole or in part to any third parties without the written consent of both Client and ARCADIS.
7.7 Independent Contractor. Arcadis represents that it is an independent contractor and is not an employee of Client.
7.8 Disputes. If any dispute arises out of or relates to this Agreement, or the breach thereof, then in the first instance, representatives
of both parties shall endeavor in good faith to negotiate a settlement of the dispute. If such dispute cannot be settled through
direct discussions by such representatives of the parties, then higher level representatives of both parties shall endeavor in good
faith to negotiate a settlement of such dispute. If such dispute cannot be settled through direct discussion by such higher level
representatives of the parties, then the parties agree to submit the matter to mediation before having recourse to a judicial forum.
No written or oral representation made during the course of any settlement negotiations or mediation shall be deemed a party
admission.
7.9 Notices. Written notices may be delivered in person or by certified mail, by facsimile, or by courier. Such notices shall be
effective upon the date of receipt by the party. Notices shall be delivered or sent to the designated representative of the other
party at the address given on the cover page of this Agreement. An address may only be changed by written notice.
7.10 Applicable Law. Arcadis and Client shall comply with all applicable federal, state and local laws, regulations or orders issued
under such laws prohibiting any form of kickback, bribery or corrupt practices as defined in the Anti-Kickback Act of 1986, the
Foreign Corrupt Practices Act and all other applicable federal, state, local laws, regulations or orders issued under such laws
regarding kickbacks, bribery or corrupt practices. If applicable to this Agreement, Arcadis will comply with the requirements of:
7.10.1 the Equal Employment Opportunity clause in Section 202 of Executive Order 11246, as amended,
7.10.2 Utilization of Small and Disadvantaged Business Concerns (Public Law 95-507), and
7.10.3 all other federal, state and local laws and regulations or orders issued under such laws.
7.11 Entire Agreement. This Agreement, including any schedules, attachments and referenced documents, is the entire agreement
between Client and the ARCADIS. Any prior or contemporaneous agreements, promises, negotiations or representations not
expressly stated herein are of no force and effect. Any changes to this Agreement shall be in writing and signed by Client and
ARCADIS.
7.12 Waivers and Severability. A waiver or breach of any term, condition, or covenant by a party shall not constitute a waiver or
breach of any other term, condition or covenant. If any court of competent jurisdiction declares a provision of this Agreement
invalid, illegal, or otherwise unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
7.13 Effective Date. Unless stated otherwise in Schedule A, this Agreement is effective on the date shown on the cover page.
8 SPECIAL PROVISIONS, EXHIBITS and SCHEDULES
8.1 Schedules. The following Schedules are attached to and made a part of this Agreement:
8.1.1 Schedule A "Scope of Basic Engineering Services and Related Matters"
8.1.2 Schedule B "Additional or Optional Engineering Services"
8.1.3 Schedule C "Pricing Schedule"
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 6 of 8
Water/Wastewater Study Phase Services
Between City of Carmel Utilities and Arcadis U.S., Inc. Project Number:30307215
City of Carmel Utilities Water Model Update & Maintenance Agreement_Final
Schedule A
Scope of Basic Engineering Services and Related Matters
A.1 The scope of services consists of this page plus the following document attached and made part of this Agreement:
a. City of Carmel Utilities, Water Model Update & Maintenance, Scope of Work dated November 21, 2025
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 7 of 8
Water/Wastewater Study Phase Services
Between City of Carmel Utilities and Arcadis U.S., Inc. Project Number:30307215
City of Carmel Utilities Water Model Update & Maintenance Agreement_Final
Schedule B
Additional or Optional Engineering Services
B.1 The Scope of Additional or Optional Engineering Services consists this of page plus the following documents,
attached and made part of this Agreement:
a. None
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 8 of 8
Water/Wastewater Study Phase Services
Between City of Carmel Utilities and Arcadis U.S., Inc. Project Number:30307215
City of Carmel Utilities Water Model Update & Maintenance Agreement_Final
Schedule C
Pricing Schedule
C.1 The Pricing Schedule consists of this page plus the following documents, attached and made part of this Agreement:
a. Summary of Charges
C.2 Terms of Payment
C.2.1 Fixed Rates. For Basic Services under Section 1, Client shall pay Arcadis on the basis of standard hourly rates for
technical work actually performed. The estimated cost of the Consultant's services under Section 1 is $204,600.
C.3 Reimbursable Expenses. Except for certain in-house services, project expenses incurred with outside vendors
will be invoiced at cost plus 10% to cover handling. These project expenses may include, but are not limited to:
shipping charges; printing; supplies; equipment; traveling expenses; special insurance; licenses; permits; and
outside vendor services.
In-house services not subject to handling costs are:
Transportation: Current IRS mileage reimbursement rate
Specialty Equipment: In accordance with a usage rate schedule
C.4 Invoices. Arcadis will submit invoices to Client for each month during which services were performed. Invoices
may include carrying charges at 1.5% per month for delinquent payments outstanding over 30 days and applicable
sales or value-added taxes.
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City of Carmel Utilities
Hydraulic Model Update and Calibration
SCOPE OF WORK
November 2025
The City of Carmel Utilities desires to update and calibrate the City’s hydraulic model and be
provided guidance on improvements required to maintain system pressures within industry
standards and to enhance and optimize the system operations. The following provides an
overview of the project approach and proposed scope of services.
Task 0. Project Management and Kick-Off Meeting
The project management effort includes project staffing, budget and schedule management over
the duration of this project. Arcadis will keep the City informed of the current status of the project
and coordinate all invoicing related to the project. Arcadis will facilitate a kickoff meeting to review
the project intent, scope of services, project schedule, project contacts and communications, and
invoicing procedures. The kickoff meeting will also include a discussion of the key elements and
concepts for the project. During the kickoff meeting, a data request will be submitted whereby the
City will be asked to provide information that will be used to review the hydraulic model, update
the customer demands. Information that will be needed at a later date to calibrate the model will
also be discussed. Arcadis will prepare and distribute the meeting minutes.
Deliverables:
Kickoff Meeting and Meeting Minutes
Project Schedule
Task 1 - Data Review and Model Update
Arcadis will begin by performing a comprehensive review of the City’s existing water distribution
system model and GIS information before performing the model update. This task will include
the review of model facilities, model demands and demand patterns, control rules and initial
settings of pumps and control valves.
Model Updates
Using the WaterGEMS model builder, new pipes will be imported into the model and existing
pipes will be reviewed for any discrepancies that may exist between the model and GIS. The
GIS data will serve as the most accurate source for reviewing and updating the model, but any
as-built drawings not yet contained in the GIS can also be used for the network update. Model
junctions will be reviewed and if necessary, assigned updated elevations using contour
shapefile data.
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Pumps, tanks, and valves in the model will be reviewed and model updates performed as
needed. If there are any recent improvements to pump stations not yet contained in the model,
those will be updated in the model. This step includes reviewing existing model pump curves
compared to manufacturer curves and SCADA data, understanding if previous calibrations
adjusted these pump curves, and reviewing modeled facility piping. Reviewing the facility piping
may include adjustments to minor losses applied to suction and discharge piping, appropriate
use of check valves if applicable, and confirming the facility information in the model is an
adequate representation of the actual pump station.
Model tanks will be reviewed to confirm inputs for tank elevations, diameters, variable area
curves, and volumes. Facility piping at tank sites will also be reviewed, including valves and
minor losses on pipes. Model valves will be reviewed and updated as needed to represent the
existing system. This includes pressure settings for Pressure Reducing Valve (PRV), valve
elevations, and valve station piping. Following updates in the model, Arcadis will use the
WaterGEMs Network Review/Connectivity Tool to support appropriate hydraulic network
connectivity.
Model Water Demands and Demand Patterns
Arcadis will calculate the annual average demand per water customer using a recent year of
customer billing data. Average water customer demands will be allocated to the appropriate
spatial locations in the model. This will be performed using the WaterGEMS Demand Allocation
Manager, where customer demands are assigned to the closest model pipe, then the demands
are distance weighted to those pipes’ junction end points (or other methodology preferred by the
Client). Facility piping and transmission mains are typically excluded from the demand
allocation.
Demand patterns will be calculated and applied in the model. Demand patterns are developed
using hourly SCADA data from pump station flows and tank levels, calculating the hourly water
consumption in a pressure zone. Finally, non-revenue water will be calculated and applied in the
model. Non-revenue water (NRW) is calculated as the difference between water supplied and
billed water consumption. NRW may include physical leaks in pipes, meter inaccuracies, errors
in production or billing data, or otherwise unbilled or unaccounted water usage. Since the exact
locations and reason for NRW are usually unknown, the calculated NRW will be applied evenly
across all demand junctions in the model.
Model Control Rules and Initial Settings
Model control rules and initial settings will be reviewed and updated, if needed. The control rules
typically include pump on/off status based on tank level set points and valve settings or
open/closed status based on hydraulic conditions. Prior to performing these updates, we
propose having a workshop with City operations staff (or individual interviews, if necessary) to
confirm the typical operation of the distribution system, so that modeled control rules and initial
settings match typical system operation. These control rules and initial settings will be applied to
model scenarios used in the hydraulic analyses to identify system deficiencies.
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Task 1 Deliverables
Updated Model files
Shapefiles of any inconsistencies found between the existing model and GIS pipes.
Task 2 - Model Calibration
The purpose of model calibration is to be able to accurately simulate the system performance
and use the model as a decision support tool for water planning simulations. Observed data for
model calibration will include SCADA tank levels, pump stations flows and discharge pressures,
as well as data from other facilities such as supply locations and/or valve stations, and field data
collection such as pressure monitoring from hydrant pressure recorders.
The first calibration scenario will be a one-week extended period simulation representing an
average week of distribution system operations during 2026. Arcadis will coordinate with the
City to select a calibration week where normal system operations are expected (no major
facilities out of service). This one-week simulation will calibrate the model to both City SCADA
data as well as up to 10 hydrant pressure recorders (HPRs) collecting pressure data across the
system and 5 hydrant flow tests.
The second calibration scenario will be a 2-3 day extended period simulation that includes a
recent past maximum day demand experienced by the City. Arcadis will coordinate with the City
to identify a recent maximum day demand to simulate for calibration, based on recent historical
production data. The purpose of the maximum day calibration is to simulate a period where
additional pumps may be in operation, higher system demands create additional head loss in
the distribution network, and where the system is under a higher stressed condition.
Following the field data collection from HPRs and compiling SCADA data from facilities, the
model will be set up for each calibration simulation. Setting up the calibration simulations
includes several steps. First, the system demands will be scaled to match the actual demands
from that specific day or week. Next, initial tank levels are set in the model to match the SCADA
tank levels at the start of the simulation. Then, operational control rules are created specific to
the calibration day or week, to turn on/off pumps to match SCADA on/off times, as well as any
variable operation of valves or other facilities. Lastly, the high service pumping information from
the four treatment facilities will be set up in the model to represent the calibration period,
including supply flow rates and/or pressure data.
Once the calibration scenario is simulated, model tank levels, pump station flows and pressures,
HPR locations’ modeled pressures, and any other calibration locations are compared to SCADA
data and HPR field pressure data. These calibration comparisons are evaluated for both a
qualitative goodness of fit comparison, as well as quantitative calibration criteria. Based on the
calibration comparisons, calibration adjustments are made to improve the comparisons between
modeled and observed data. Calibration adjustments may include, but are not limited to, pump
curve adjustments, adding minor losses representing head losses on facility piping, valve status
improvements (correcting valves’ open, closed, or setting), correcting tank dimensions and/or
elevations if needed (including confirming level gauges’ elevation datum in a facility), updating
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any system operations to better match observed data, adjustments to demands and/or demand
patterns, adjustments to pipe C-factors for pipe roughness, and possibly adjustments to
hydraulic network pipe connectivity.
Task 2 Deliverables
Field Data Collection Plan
Task 3- Hydraulic Analysis for System Deficiencies
The calibrated model will be used to simulate a series of hydraulic analysis scenarios to identify
system deficiencies. The system performance and deficiencies will be evaluated under a low
demand day (winter), high demand day (summer), and average day demand. Water model
results under maximum day demands will be compared to typical performance criteria for
maximum pipe velocities, minimum junction pressures, and maximum pipe head loss gradient.
Water model results under average day demands will be compared to typical performance
criteria for maximum junction pressures and water age. Water model results under maximum
day demands will be used to determine the available fire flow at each model node and can be
compared to local, city, or state required fire flow standards based on customer type and/or
building size. Maps will be produced summarizing these hydraulic performance criteria and
hydraulic deficiencies under existing demands. Water model results will also be reviewed for
acceptable operation of pumps, tanks, and valves; this might include acceptable tank turnover,
normal pump on/off cycles, and valve operation.
Task 3 Deliverables
Maps showing the existing system deficiencies
Task 4 - Pipe Criticality Evaluation
Arcadis will utilize WaterGEMS’ criticality analysis capabilities to systematically evaluate how
potential failures of pipes could impact overall system performance. Through simulating pipe
breaks, we can effectively model the consequences of pipe failures, such as pressure drops,
loss of supply, and customer outages. This approach allows us to identify the highest-risk pipes,
those whose failure would most significantly affect system reliability and customer service. The
model evaluates if by closing a pipe (simulating a main break and pipe being isolated for
extended period of time), if the demand in the system and pressures could still be maintained
with the specific pipe out of service indefinitely. Through these insights, Arcadis will develop
targeted mitigation strategies, recommending system improvements, redundancy measures,
and operational protocols to reduce risk and strengthen the resilience of your water distribution
network. Furthermore, the results of this criticality analysis can be integrated into your Asset
Management Plan and overall risk assessment, ensuring that the most vulnerable and critical
pipes are prioritized for replacement ahead of other infrastructure.
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Task 4 Deliverables
Maps showing locations of critical pipes ranked and color coded by demand shortfall
unserved demands when pipe is not in service) and ability to maintain pressure
locations where 20 psi not be maintained when a pipe is out of service).
Task 5 – Operational Evaluation of New West Ground Storage Tank
Arcadis will review the plans and specifications for the 2 MG ground storage tank currently
under construction on the west side of the City. This evaluation will be performed prior to when
the tank comes on-line in early summer. Using the hydraulic model, operational scenarios will
be developed to determine the optimal operation controls for the new ground storage tank in
conjunction with the existing elevated tank. The goal will be to achieve tank turnover in both
tanks and to develop a defined control procedure for operating the tanks. A workshop will be
held with operations staff to discuss the model results and solicit feedback based on how best to
incorporate the new control scheme into existing system operations once the tank is brought on-
line in mid-2026. A chapter in the Recommended Improvements report will document the
recommendations from this task and the any alternative operational methods determined from
the modeling effort.
Task 6 – Recommended Improvements
This task involves the development of recommended improvement projects. This task will be a
collaborative process with the City to discuss criteria for creating, scoping, prioritizing, and
phasing of the recommended projects. For projects where alternatives are evaluated, Arcadis
will work closely with the City to discuss the advantages and disadvantages of each alternative
including cost) to decide on the final recommended project. Prioritization of projects will also be
made considering immediate needs, future development areas, necessary capacity upgrades,
as well as partnering projects such as street improvements.
Improvement recommendations and planning level costs will be developed for the immediate
needs to mitigate any system deficiencies. These hydraulic deficiencies will include pipes and
junctions exceeding recommended performance criteria for maximum pipe velocities, minimum
and maximum system pressures, available fire flow, and maximum pipe head loss gradients.
Other deficiencies may include system operations, tank turnover and water quality as indicated
by water age, pumping operations, and storage and pumping capacities. Finally, a draft and
final report will be prepared to document the analyses, findings, and decisions to support the
recommended improvements and implementation strategy. The final report will incorporate any
comments from the City. Updated model files will also be delivered to the City at the completion
of the project.
Task 6 Deliverables
Draft and Final report summarizing model updates, model calibration results, system
deficiencies, and recommend improvements under existing demands.
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Updated model files with scenarios for average day, maximum day, and peak hour
Task 7 - As-Needed Modeling Support
Arcadis will provide technical assistance to support the City’s water system modeling needs.
Work assignments to be performed under this task may include the following:
Updates to the hydraulic model with new system information.
Field data collection for improved model calibration
Source trace evaluations
Modeling evaluations to support decision making related to changes in system
operations or for support of system design improvements.
Planning-level analyses to explore options that help meet level of service requirements.
Hydraulic evaluations of the raw water system.
Other modeling related tasks, as requested.
Arcadis will prepare summaries and technical memoranda that document the work performed.
Arcadis will keep the City informed on the expected level-of-effort required to perform assigned
tasks.
Budget & Schedule
Arcadis proposes to perform this scope of work on a time and materials basis for a not-to exceed
budget as shown in the following table. Task 1 through 6 will be completed within 9 months of
notice to proceed.
Task Task Description Not-to-Exceed Amount
0.0 Project Management $13,100
1.0 Data Review & Model Update $41,200
2.0 Hydraulic Model Calibration $37,000
3.0 Hydraulic Analysis for System Deficiencies $22,300
4.0 Pipe Criticality Evaluation $20,900
5.0 Operational Evaluation of new Ground Storage Tank $13,500
6.0 Recommended Improvements $36,600
7.0 As-Needed Model Support $20,000
Total $204,600
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EXHIBIT C
INSURANCE COVERAGES
Worker’sCompensation & Disability Statutory Limits
Employer’sLiability:
Bodily InjurybyAccident/Disease: $500,000eachemployee
BodilyInjury byAccident/Disease: $500,000each accident
BodilyInjury byAccident/Disease: $1,000,000policy limit
Commercial General Liability (Occurrence
Basis), BodilyInjury, PersonalInjury, Property
Damage, Contractual Liability, Products –
Completed Operations:
General Aggregate Limit (otherthan
Products/Completed Operations): $2,000,000
Products/Completed Operations: $1,000,000
Personal & Advertising InjuryLimit: $500,000
EachOccurrence Limit: $1,000,000
Damage toPremises: $100,000eachoccurrence
FireDamage (anyonefire): $250,000eachoccurrence
Medical Expense Limit (anyoneperson): $10,000
AutoLiability (owned, hired, andnon-owned)
Bodily Single Limit: $1,000,000eachaccident
InjuryandPropertyDamage: $1,000,000eachaccident
PolicyLimit: $1,000,000
Umbrella/ExcessLiability
EachOccurrence: $1,000,000
Aggregate: $1,000,000
Maximum Deductible: $10,000
CARTER GREEN SPECIAL EVENT / FACILITY USE REQUEST FORM
Information
FACILITY*
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*
Number of People
Expected:*
Fees?
Neighborhood
Name/Streets to be
closed
1. CITY FACILITY REQUESTED:
Mark all that apply
CARTER GREEN (area between Center for the Performing Arts & James
Building)
ALLIED SOLUTIONS CENTER FOR THE PERFORMING ARTS EAST PATIO (on the
Campus of the Center for the Performing Arts)
2. EVENT DETAILS:
Provide a brief description of event
Carmel Pride festival. We are a youth led 501(c)(3) organization that plans to host a
festival in order to celebrate the LGBTQ+ community. In years past we have hosted
80-100 vendors and seen around 5,000 attendees. Our goal is to create a safe
space full of love, acceptance, and joy for residents of Carmel and surrounding
areas.
Attach additional pages if needed-SEE BELOW
6/28/2026 6/28/2026
12:00:00 AM
10:00:00 PM
1:00:00 PM
8:00:00 PM
No Yes
5,500
Will a Fee be charged for this event? If yes, please describe below.
YES NO
3. STREET(S) REQUESTED:
Carter Green
Include addresses as appropriate
10/30/2025Allied Solutions: Show at TarkingtonOK 11/18/2025 yes 11/18/2025
yes 11/18/2025yes 11/18/2025
yes, 11/20/2025yes, 11/20/2025 yes, 11/20/2025
UPLOAD MAP
Type of Closure:
Further Info for type
of closure
REQUESTS:
CITY SERVICES
NEEDED:
Cones*
Barricades*
No Parking Signs*
An easy to read, color map of the area is required with submission.
2025 MAP (1).png 410.78KB
Rolling closure
Total closure
Lane restrictions - explain below
Other - explain below
N/A
Explain lane restrictions needed and other needed below:
No cars allowed on the Green during our event.
4. SPECIAL REQUESTS:
Mark all that apply
ELECTRICITY
JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply
N/A
Other
5. 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
4
Please note the number of NO PARKING SIGNS needed
4
EVENT SET UP:
Mark all that apply
Stage
24'x16'
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.
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.
10'x10'
Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600)
Bounce House
N/A
Other
Real Event Enterprises
Name of Merchants(s) doing the setup
3176586164
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?
80
6. CONTACT INFORMATION:
Sam Falkenstein
Carmel Pride
City
Carmel
State / Province / Region
Indiana
Postal / Zip Code
46082
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:
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*
*
*
___________________________________
Laura Campbell, Presiding Officer
Date: ______________________________
___________________________________
James Barlow, Member
Date: ______________________________
___________________________________
Alan Potasnik, Member
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.
Sam Falkenstein, Carmel Pride
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Sam Falkenstein, Senior Director
Printed Name and Title (If applicable)
Date: ______________________________
ATTEST:
_____________________
Jacob Quinn, City Clerk
________________
Date
Special Conditions:__________________________________________________________________
GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT
P.O. Box #11 Carmel, Indiana, 46082, United States
Address of Organization/Applicant
10/30/2025
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
CARTER GREEN SPECIAL EVENT / FACILITY USE REQUEST FORM
Information
FACILITY*
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*
Number of People
Expected:*
Fees?
Fees (cont'd)
1. CITY FACILITY REQUESTED:
Mark all that apply
CARTER GREEN (area between Center for the Performing Arts & James
Building)
ALLIED SOLUTIONS CENTER FOR THE PERFORMING ARTS EAST PATIO (on the
Campus of the Center for the Performing Arts)
2. EVENT DETAILS:
Provide a brief description of event
Secret Families of Hamilton County-Annual Boutique Fair & Festival - We are a non-
profit organization whose mission is to make sure no family in Hamilton County goes
without help during the holidays. This fundraiser will aid us in assisting more families
throughout our community who are referred to us by elementary school counselors
and principals.
Attach additional pages if needed-SEE BELOW
9/13/2026 9/13/2026
8:00:00 AM
6:00:00 PM
12:00:00 PM
5:00:00 PM
No Yes
1,000
Will a Fee be charged for this event? If yes, please describe below.
YES NO
Purpose of fee
Vendors will pay a fee as our main fundraiser.
3. STREET(S) REQUESTED:
11/07/2025Allied Solutions : Yes 11/18/2025
yes 11/18/2025
yes 11/18/2025yes 11/18/2025
yes, 11/20/2025
yes, 11/20/2025 yes, 11/20/2025
Neighborhood
Name/Streets to be
closed
UPLOAD MAP
Type of Closure:
Further Info for type
of closure
REQUESTS:
CITY SERVICES
NEEDED:
Cones*
Tall Skinny Cones *
Carter Green Horseshoe Drive -map included from 2025 event for reference
Include addresses as appropriate
An easy to read, color map of the area is required with submission.
map 2025.pdf 95.32KB
Rolling closure
Total closure
Lane restrictions - explain below
Other - explain below
N/A
Explain lane restrictions needed and other needed below:
4. SPECIAL REQUESTS:
Mark all that apply
ELECTRICITY
JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply
N/A
Other
5. 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
10
EVENT SET UP:
Mark all that apply
Stage
Size of Stage
Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the
exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368).
Otherwise, you may use the vendor of your choice.
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
10 x 10
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:
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?
100
6. CONTACT INFORMATION:
Leachia Kern
Secret Families of Hamilton County
City
Carmel
State / Province / Region
IN
Postal / Zip Code
46033-3972
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:
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*
*
*
___________________________________
Laura Campbell, Presiding Officer
Date: ______________________________
___________________________________
James Barlow, Member
Date: ______________________________
___________________________________
Alan Potasnik, Member
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, Fundraising Chair
Printed Name and Title (If applicable)
Phone Number (Required)
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 46033
Address of Organization/Applicant
11/7/2025
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
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SPECIAL EVENT / FACILITY USE REQUEST
Information
Facility(s)
Please click here to request the Carter Green or East Patio.
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:*
Event Start
time:*Event End time:*
Rehearsal
Number of People
Expected:*
Fees?
Fees (cont'd)
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
5K Run/Walk
BRAIN BOLT 5K TO HELP VICTIMS OF TRAUMATIC BRAIN AND SPINE
INJURIES
Carmel, IN—Goodman Campbell Brain and Spine (GCBS) is proud to announce our
11th Annual Brain Bolt 5K Run/Walk. The race benefits the treatment and care of
traumatic brain and spine injuries. There will be an in-person traditional and
dedicated survivor course! This inclusive survivor course will accommodate varying
physical abilities. Our featured guest will share their inspirational story of survival!
Attach additional pages if needed-SEE BELOW
Yes No
10/3/2026 10/3/2026
4:00:00 AM
Tear Down time: *
1:00:00 PM
End Time
10:00:00 AM 12:00:00 PM
No Yes
600
Will a Fee be charged for this event? If yes, please describe below.
Yes No
Purpose of fee
Fundraiser
11/10/2025Approved PARKS application included
yes 11/18/2025
yes 11/18/2025
yes 11/18/2025
yes, 11/20/2025
yes, 11/20/2025
yes, 11/20/2025
Neighborhood
Name/Streets to be
closed
Upload Map
Type of Closure:
Further Info for type
of closure
Requests:
City Services Needed
No Parking Signs*
2. STREET(S) REQUESTED:
Gradle DR / MONON - START/FINISH
West on Gradle Dr
North on 3rd Ave Sw
West on Gradle Dr
West on W Carmel Dr
Continue onto City Center Dr
Turn south onto Congressional Blvd
Turn east onto N college Ave
Turn east onto E 116 St
Turn north onto the Monon Trail
Include addresses as appropriate
An easy to read, color map of the area is required with submission.
2025 Brain Bolt Course.png 165.03KB
Rolling closure
Total closure
Lane restrictions - explain below
Other - explain below
N/A
Explain lane restrictions needed and other needed below:
5k Run/Walk for the Goodman Campbell Foundation.
3. SPECIAL REQUESTS:
Electricity
Fountain Restroom - Fountain/Gazebo
Reflecting Pool Restrooms
N/A
Other Sprinklers off 2 days prior to event- we have problems with muddy
grass otherwise
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
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
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
RaceMaker Productions LLC (not sponsors and vendors will use
their own 10x10 tents too)
Name of Merchants(s) doing the setup
3176252223
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?
5
7. CONTACT INFORMATION:
Jennifer Rhea
Goodman Campbell Brain and Spine
City
Carmel
State / Province / Region
Indiana
Postal / Zip Code
46032
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:
be received prior to application review or processing.
Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the
Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable
to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032)
The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use
request and/or revoke any previously granted request to use a City facility for any lawful reason.
DISCLAIMER:
Acknowledgement and Agreement
Mayor's Office
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by
all the terms and conditions set forth therein.
I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any
damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility
Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I
understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful
reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors,
officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or
in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our
use of the City-owned facility and/or property.
Age Confirmation*
Special Event/Facility
Use Policy*
*
*
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.
Goodman Campbell Brain and Spine/Jennifer Rhea
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Jennifer Rhea, Administrative Coordinator
Printed Name and Title (If applicable)
Phone Number (Required)
Address of Organization/Applicant
11/10/2025
Date
City of Carmel Use Only
Approved this ______day of _______________, 20
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
___________________________________
Laura Campbell, Presiding Officer
Date: ______________________________
___________________________________
James Barlow, Member
Date: ______________________________
___________________________________
Alan Potasnik, Member
Date: ______________________________
ATTEST:
_____________________
Jacob Quinn, City Clerk
________________
Date
Special Conditions:__________________________________________________________________
Form Name: Community Events Application
Submission Time: November 13, 2025 10:01 am
Browser: Chrome 142.0.0.0 / Windows
IP Address: 46.110.57.137
Unique ID: 1401593202
Location: 40.0538, -86.1433
Community Events Application
Event Information
Event Name Brain Bolt 5K
Event Date Oct 03, 2026
Event Purpose & Description Goodman Campbell Brain and Spine (GCBS) is proud to announce
our
11th Annual Brain Bolt 5K Run/Walk. The race benefits the
treatment and care of
traumatic brain and spine injuries. There will be an in-person
traditional and
dedicated survivor course! This inclusive survivor course will
accommodate varying
physical abilities. Our featured guest will share their inspirational
story of survival!
Event Website URL https://www.goodmancampbell.com/about/brain-bolt-5k/
Have you held this event
previously and utilized space
through Carmel Clay Parks &
Recreation?
Yes
Event Start Time 10:00 AM
Event End Time 12:00 PM
Set Up Will Begin At 04:00 AM
Clean Up Will Be Completed By 01:00 PM
Location Requesting (please
note: we cannot accept events
that go over parking lot
capacities)
Civic Square Gazebo/ Lawn
Additional Needs at Location:Trails
What are your estimated
attendance numbers (please
note: we cannot accept events
that go over parking lot
capacities)?
600
Estimated Number of Cars 150
Is there an admission fee?Yes
Money will be taken by which of
the below options?
Both
Registration Fee:35.00
Do you plan on bringing in food?Yes
What kind of food will you be
bringing in (catered, homemade,
pre-packaged snacks, etc.)?
Catered by vendors
Upload an Event Schedule if
available (max 5MB)
https://www.formstack.com/admin/download/file/18762410158
Upload map illustrating event
routes and/or areas of park being
used if available (max 5MB)
https://www.formstack.com/admin/download/file/18762410159
Upload Marketing/Promotional
Materials for Approval
https://www.formstack.com/admin/download/file/18762410160
How did you hear about our
parks/facilities?
Used Prior or Returning Event
Safety Plan
Safety plan based on FEMA
National Incident Management
System standards. We agree to:
Event Manager will watch for inclement weather using internet
and/or other sources of climate conditions
Agree to cancelling the event due to lightining or emergency
weather situations
Are aware of emergency shelter locations and agree to evacuate
to them in emergency situations
In case of severe weather, Event Manager will make
announcements for participants and volunteers to evacuate the
area
Event Director's Name:Jennifer Rhea
Phone 13177656232
Event Manager's Name:Stephanie Irwin
Phone (317) 445-3410
Safety Plan Terms & Conditions I have read and agree to the above Safety Plan.
Accessibility Plan
Accessibility Plan Terms &
Conditions
Although the organization doesn't conduct formal assessments,
staff are aware of the need to accommodate reasonable requests
in regards to the above areas. Additionally, the status of the
Accessibility Plan will be reviewed annually. I agree that our
organization's staff is responsible for prioritizing and reviewing of
the Accessibility Plan as well as all the requests for reasonable
accommodations. All requests will be identified, reviewed,
decided upon and documented.
Organization Information
Name of Applicant Jennifer Rhea
Applicant Email jrhea@goodmancampbell.com
Organization Name The Neurosurgery Foundation at Goodman Campbell Brain
Organization Address 13345 Illinois Street
Carmel, IN 46032
Organization Phone (317) 396-1300
Organization Website https://www.goodmancampbell.com/
Onsite Contact Phone (317) 765-6232
Onsite Contact Email jrhea@goodmancampbell.com
If a company other than yours is
overseeing/running the event,
please list that company's name.
Racemakers
Certificate of Insurance(s)
Terms & Conditions
Printed Name of Authorized
Representative
Jennifer Rhea
Agree to Terms & Conditions
Regarding Additional Fees
I have read and understand that I will be held accountable for
added fees associated with this community event. Failure to pay
or comply with park rules may result in additional fines and denial
of future requests.
Terms & Conditions It is understood that no person, group or organization has any
vested right to the exclusive use of park property. The use of
any/all park property is subject to availability and approval by
Carmel Clay Parks & Recreation (CCPR), subject to the policies,
rules and guidelines of the Carmel/Clay Board of Parks &
Recreation (the "Rules"). All requests and paperwork related to it
must be received by CCPR before the requested usage date. It is
understood that CCPR-sponsored activities have priority over all
other activities in using park facilities and this permit is subject to
cancellation in the event of an emergency.
If a facility rental permit is granted, the users agree to be
responsible for any accidents or injuries sustained by any person
attending or participating in the program or activity at the park,
and to be responsible for replacement in case any damage or loss
is incurred. A certificate of insurance naming the Carmel/Clay
Board of Parks & Recreation, Carmel/Clay Department of Parks &
Recreation, City of Carmel, and Clay Township as additional
insures may be required.
All users agree to adhere to the Rules, applicable federal, state
and local laws, and any specific guidelines outlined in the facility
reservation permit. A minimum of one adult chaperone (age 18
and above) is required for every ten youth (age 17 and under) in
attendance at the activity. The undersigned hereby acknowledge
receipt of the Rules.
Failure to comply with all of the Carmel Clay Parks & Recreation
Parks rental rules & regulations may result in event being
cancelled without notification.
Agree to Terms & Conditions I have read the terms of this agreement and, as the authorized
representative of the group making this request, I do agree to
abide by these rules and terms.
Signature
SPECIAL EVENT / FACILITY USE REQUEST
Information
Facility(s)
Please click here to request the Carter Green or East Patio.
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:*
Event Start
time:*Event End time:*
Rehearsal
Number of People
Expected:*
Fees?
Fees (cont'd)
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
Corks in Carmel WineFest is a 2nd year festival of Indiana produced wines. There
will be 25-35 Indiana wineries serving samples to ticket buyers, as well as selling by
the glass and the bottle to the public and sampling ticket buyers. There will be live
music, food trucks, and artists/artisans as well, all held right on Main Street.
Attach additional pages if needed-SEE BELOW
Yes No
10/3/2026 10/3/2026
9:00:00 AM
Tear Down time: *
6:00:00 PM
End Time
1:00:00 PM 5:00:00 PM
No Yes
2,500
Will a Fee be charged for this event? If yes, please describe below.
Yes No
Purpose of fee
sampling tickets will be sold, but the public is allowed in for free
2. STREET(S) REQUESTED:
11/10/2025
yes 11/18/2025
yes 11/18/2025
yes 11/18/2025
Monon and Main LLC Yes 11/18/2025
yes, 11/20/2025yes, 11/20/2025 yes, 11/20/2025
Neighborhood
Name/Streets to be
closed
Upload Map
Type of Closure:
Further Info for type
of closure
Requests:
City Services Needed
Cones*
Barricades*
Crowd-Control
Gates*
Tall Skinny Cones *
No Parking Signs*
Main Street from Range Line Rd. to 3rd Ave. SW. Also Veterans Way from 1st St.
SW to 1sr St. NW. See map
Include addresses as appropriate
An easy to read, color map of the area is required with submission.
2026 Corks in Carmel event map.png 3.63MB
Rolling closure
Total closure
Lane restrictions - explain below
Other - explain below
N/A
Explain lane restrictions needed and other needed below:
A detailed document will be provided 2 months before the event.
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 Barricades needed
22
Please note the number of Crowd-Control Gates needed
12
Please note the number of Tall Skinny Cones needed
12
Please note the number of NO PARKING SIGNS needed
100
5. EVENT SET UP:
Stage
Vendors
Vendors Present*
Contact Person*
Email*
Phone Number:*
Cell Number:
Name/Organization:
Address
Organization Type:*
Residency
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 tents will be supplied by vendors
themselves
Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600)
Bounce House
N/A
Other
N/A
Name of Merchants(s) doing the setup
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?
45
7. CONTACT INFORMATION:
mark Lasbury
Indiana On Tap
City
INDIANAPOLIS
State / Province / Region
IN
Postal / Zip Code
46259
Country
United States
Street Address
Address Line 2
For-Profit Organization
Is the Organization based within the City of Carmel city limits?
Yes
No
SECURITY DEPOSIT AND FEE:
A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a
non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must
be received prior to application review or processing.
Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the
Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable
to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032)
The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use
request and/or revoke any previously granted request to use a City facility for any lawful reason.
DISCLAIMER:
Acknowledgement and Agreement
Mayor's Office
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by
all the terms and conditions set forth therein.
I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any
damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility
Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I
understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful
reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors,
officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or
in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our
use of the City-owned facility and/or property.
Age Confirmation*
Special Event/Facility
Use Policy*
*
*
Submit
I confirm that I am 18 years of age or older.
By selecting this box, I hereby acknowledge that I have read and fully understand the
City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be
bound by all the terms and conditions set forth therein.
Indiana On Tap/mark Lasbury
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Mark Lasbury
Printed Name and Title (If applicable)
3
Phone Number (Required)
Address of Organization/Applicant
11/10/2025
Date
City of Carmel Use Only
Approved this ______day of _______________, 20
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
___________________________________
Laura Campbell, Presiding Officer
Date: ______________________________
___________________________________
James Barlow, Member
Date: ______________________________
___________________________________
Alan Potasnik, Member
Date: ______________________________
ATTEST:
_____________________
Jacob Quinn, City Clerk
________________
Date
Special Conditions:__________________________________________________________________
Prior Deed References Instrument No. 87008875 in Recorder's Office for Hamilton County, Indiana
WATER LINE EASEMENT
STATE OF INDIANA }
COUNTY OF HAMIL TON }
KNOW ALL PERSONS BY THESE PRESENTS:
That, Indiana Gas Company, Inc., an Indiana corporation d/b/a CENTERPOINT ENERGY
INDIANA NORTH, with an address of CenterPoint Energy Plaza 211 Northwest Riverside Drive,
Evansville, Indiana 47708, its successors and assigns, hereinafter called "Grantor", for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, to Grantor paid
by the City of Carmel, Indiana, with an address of One Civic Square, Carmel, Indiana 46032, its
successors and assigns, subject to the terms herein, hereinafter collectively referred to as "Grantee",
the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED
and does by these presents GRANT, SELL AND CONVEY unto Grantee, an easement (hereinafter
collectively referred to as the "Easement", whether one or more), for the installation, construction,
maintenance, and removal of a water line, hereinafter referred to as "Grantee's Facilities", located on,
under, and within portions of the following described lands owned in fee by Grantor which are
referenced on EXHIBIT "A", attached hereto and made a part hereof, hereinafter referred to as
"Grantor's Property".
The easement herein granted, hereinafter referred to as the "Easement Area", whether one or more, are described as follows:
An easement 10 feet in width for a water line, the location of which is shown by the hatched area on EXHIBIT "B", attached hereto and made a part hereof.
Grantee acknowledges and agrees that Grantee is forever subject to all the provisions stated herein:
I.TERMS, CONDITIONS AND OBLIGATIONS:
A.In the event that Grantee's Facilities change ownership through its successors, and assigns, bya merger, acquisition, or corporate name change, Grantee shall notify Grantor in writing within
sixty (60) days of said change in the manner provided in Section VIII. Notices. Grantee shall
pay to Grantor, Grantor's then current processing fee for each change notification.
B.Grantee's Facilities shall be installed, at its own cost and expense, as shown on said attachedEXHIBIT "B". If at a later date any of Grantee's Facilities are found existing outside theEasement Area, then Grantee will, at its own cost and expense, relocate this Facility to its properlocation within the Easement Area to occur within ninety (90) days of any formal notice ofincorrect placement. IN THE EVENT ANY PORTION OF GRANTEE'S FACILITIES ARECONSTRUCTED OR REMAIN OUTSIDE OF THE EASEMENT AREA TO THE EXTENTPERMITTED BY APPLICABLE LAW GRANTEE HEREBY AGREES TO FORFEIT ANY ANDALL RIGHTS OR CAUSES OF ACTION TO CLAIM A PRESCRIPTIVE EASEMENT OREXERCISE ADVERSE POSSESSION OR EMINENT DOMAIN, AGAINST GRANTOR OR ANYPORTION OF GRANTOR'S PROPERTY. IF GRANTEE FAILS TO COMMENCE SUCHRELOCATION WITHIN SUCH NINETY (90) DAY PERIOD, THEN GRANTOR SHALL BEENTITLED TO OBTAIN A WRIT OF MANDAMUS TO ENFORCE GRANTEE'S OBLIGATIONTO RELOCATE SUCH GRANTEE FACILITY, AND GRANTEE SHALL REIMBURSEGRANTOR FOR THE REASONABLE ATTORNEYS' FEES INCURRED BY GRANTOR INCONNECTION THEREWITH
II.CONSTRUCTION REQUIREMENTS:
A.Grantee shall install and maintain pipeline markers that meet all applicable statutory andregulatory requirements. At a minimum, Grantee shall install and maintain markers at points
where the Water Line enters and exits Grantor's Property, road, street, and private drivecrossings, approximately every 500 feet, and at all crossings of other pipelines. The markersshall state the name of the Water Line owner and emergency contact telephone number. In theevent that Grantee is or becomes a sustaining member of the Indiana 811 System, or any
successor of such system, the 500 foot requirement above shall not apply.
B.Grantee shall not install any additional equipment, other than that on approved plans, of any
type or character on Grantor's Property without formal written approval by Grantor. Any futureplans to install anode beds,· grounding cells, test points or any other equipment of any type orcharacter for cathodic protection separate from the installations permitted under this Easementas described on said attached EXHIBIT "A" and depicted on EXHIBIT "B" must be submitted toGrantor for review and approval prior to any construction.
C.Grantee shall reimburse Grantor, within forty-five (45) days after receipt of notice from Grantor,for the cost of any and all temporary or permanent alterations and the repair or replacement ofany and all damages to Grantor's Facilities caused by these installations and/or alterations.
D.During any type of construction or repair activities in any portion of the Easement Area coveredby this agreement, Grantee and/or its contractors shall not store more than the needed supplies
or materials on site to facilitate the construction of 300 feet of water line pipe per segment,excluding tunnel shafts, at any given time along Grantor's Property, unless prior written approvalis obtained from Grantor's inspectors. Grantee and its contractors shall coordinate with Grantor'sinspector regarding the location of construction equipment on Grantor's Property. Grantee shallhave not more than 300 feet of open cut trench, excluding tunnel shafts, at any given time.
E.Grantee shall adhere to the following provisions:
1.The natural drainage pattern of Grantor's Property shall be maintained and restored. Allpreviously existing ditches, culverts, fences, roads, and driveways, if damaged by Grantee,shall be re-established substantially to the condition existing prior to Grantee's work,
including additional back filling, or grading of soil on top of Grantee's Facilities to resolvesettlement and ponding issues.
2.Grantee shall restore Grantor's Property, including but not limited to, any additional backfilling of all compacted trenches or repair of fences or culverts, as deemed necessary byGrantor's inspectors within fourteen (14) days after the back filling of soil on top of Grantee'sFacilities.
3.All trash or any other materials which are deemed objectionable to the Grantor, at its solediscretion, resulting from Grantee's construction activities shall be removed from Grantor'sProperty by Grantee within fourteen (14) days after Substantial Completion of Grantee'sFacilities.
F.Damages to Grantor's Property, any and all related natural gas pipeline infrastructure or
appurtenances, or the operation of equipment closer to Grantor's pipeline(s) than allowed for
safe operations are grounds for Grantor to instruct Grantee and/or its contractors to cease
construction operations immediately. Grantee shall comply immediately and cause itscontractors to comply immediately with such instructions. Furthermore, neither Grantee nor itscontractors shall resume the construction operations, ceased pursuant to Grantor's instructions,until Grantor determines, in its sole discretion, that appropriate corrective measures have beenimplemented.
Ill. AD VALOREM TAXES:
Should Grantor's ad valorem taxes increase at any time, due to Grantee's Facilities or any other improvements made on Grantor's Property by Grantee, Grantee shall reimburse Granter for the amount of such increase in taxes within thirty (30) days after receipt of notice thereof from Granter.
IV.INSURANCE:
As a requirement for the Easement to be granted, Grantee shall forever carry for the benefit of Grantee and Grantor the minimum insurance coverage as noted on EXHIBIT "C", attached hereto, and made a part hereof. Grantee shall (i) be solely responsible for the costs, expenses, and premiums of all policies of insurance which are required herein, (ii) cause Grantor to be named as an additional insured under all such policies for the purposes set forth herein, and (iii) provide that
such insurance may not be cancelled or changed except upon fifteen (15) days prior written notice to Grantor. Grantee shall furnish Grantor evidence of such liability insurance coverage prior to the commencement of any work or any other activities on Grantor's Property. An insurance certificate must be submitted annually to satisfy this request.
V.RESERVATIONS:
A.Grantor hereby reserves for itself, its successors, assigns and licensees, the right to use theGrantor's Property, for any purpose and in any manner, including, but not limited to, the right toconstruct or to permit others to construct pipelines longitudinally, above, under and adjacent toGrantee's Facilities, the right to cross or to permit others to cross under or over Grantee'sFacilities with pipelines, water lines, roads, streets, railroads, sewer lines, parking lots, and otherutilities and/or facilities within legal or regulatory clearances and provisions that said facilities will
not adversely affect Grantee's Facilities. Grantee's Facilities shall be constructed in such a
manner that encasements shall not be required for parking lot uses. In the event that theexistence, construction, operation, maintenance, relocation, or removal of Grantee's Facilitieswithin Grantor's Property causes Grantor to incur any cost that in any manner relates to Grantor'slocation, construction, installation, operation, maintenance, removal, repair, replacement,protection, alteration, or relocation of Grantor's Facilities, Grantee shall reimburse Grantor withinthirty (30) days after receipt from Grantor of written invoice therefor, for any and all suchreasonable costs that would not have been incurred but for the existence of Grantee's Facilities.In lieu of said cost reimbursement, Grantee shall have the option to relocate Grantee's Facilitiesat Grantee's expense, subject to Grantor's agreement, in its sole discretion, to provide Granteea site for such relocation within Grantor's Property, and to furnish Grantee a substitute easementor appropriate permission covering any such new locations within Grantor's Property.
B.Grantor herein expressly reserves unto itself, any and all interest in and to Grantor's Propertyexcept for the rights and privileges to the Easement as set forth herein. Nothing herein shall
prevent Grantor from transferring or encumbering any interest in Grantor's Property or anyportion thereof subject to the terms and conditions set forth herein. GRANTEEACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE ANYREPRESENTATIONS AS TO THE PHYSICAL CONDITION, OR ANY OTHER MATTERAFFECTING OR RELATED TO GRANTOR'S PROPERTY. GRANTEE EXPRESSLY AGREESTHAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EASEMENT IS CONVEYED
"AS IS" AND "WITH ALL FAUL TS", AND GRANTOR EXPRESSLY DISCLAIMS, AND
GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED, ANY
AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, ORAL ORWRITTEN, EXPRESS OR IMPLIED, CONCERNING GRANTOR'S PROPERTY, INCLUDINGWITHOUT LIMITATION, THE VALUE, ENVIRONMENTAL AND PHYSICAL CONDITION,MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY
OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF GRANTOR'S PROPERTY AND
THAT THE GRANTEE HAS RELIED EXCLUSIVELY ON ITS OWN INSPECTION AND
INVESTIGATION OF GRANTOR'S PROPERTY IN DECIDING TO ACQUIRE THE RIGHTSGRANTED HEREUNDER.
C.GRANTEE HEREIN ACKNOWLEDGES THAT WITHIN GRANTOR'S PROPERTY,GRANTOR'S RIGHTS ARE DOMINANT AND PREVAILING OVER GRANTEE'S RIGHTS INALL CASES. GRANTOR HEREIN EXPRESSLY RESERVES UNTO ITSELF, ITSSUCCESSORS, ASSIGNS AND CONTRACTORS ANY AND ALL RIGHTS OF OPERATIONS,MAINTENANCE, AND NEW CONSTRUCTION ON, OVER, UNDER AND NEXT TOGRANTEE'S FACILITIES AND THAT GRANTEE'S SIGNATURE HEREINBELOWDOCUMENTS GRANTEE'S ACKNOWLEDGEMENT OF NOTICE OF SUCH ACTIVITIES.
VI.ENVIRONMENTAL:
A.Should Grantee, its agents, employees or its contractors, allow or cause to occur at any time, aspill, leak or discharge, upon Grantor's Property, any substance, the spill, leak or discharges of
which any law or regulation requires reporting to a governmental agency, then Grantee or itsresponsible agents, employees or contractors which caused the discharge shall have anaffirmative obligation to report said discharge to Grantee's Land Management -EncroachmentIN/OH within 24 hours of the discovery of such discharge by Grantee in the manner provided inSection VIII. Notices. In the event, Grantee its agents, employees, or its contractors, fails tonotify Grantor, Grantee shall be fully responsible for any and all cost and or fines incurred byGrantor as a result of its failure to notify.
B.Grantee shall be solely responsible for all costs and expenses to install and forever maintain
Grantee's Facilities including, but not limited to, obtaining any and all required environmentalstudies and permits, and pay any and all payments, including but not limited to governmentalfees, assessments, taxes, permits, and all other licenses, fees or permits. It is the responsibilityof the Grantee to conduct any necessary studies that may be required by state or federalregulations for the protection of cultural resources, archeological sites and threatened and
endangered plants and animals. Prior to construction, Grantee shall identify any of the followingencountered along the proposed project route as specified in Item 11 of the Construction
Specifications: (1) known or potential archeological or historical site(s), and (2) known locationsor habitats of endangered and threatened species. All costs for initial studies, additionalinvestigations and mitigative measures shall be the sole obligation of the Grantee.
VIII. NOTICES:
A.Grantee shall give proper notice to Grantor and to all other parties which have interests withinGrantor's Property.
B.The rights granted through this Easement affect only Grantor's interest in Grantor's Property.Grantee shall be solely responsible for notifying and securing permission and approval from allparties having property rights or an interest on, under or above the subject Grantor's Property
("Interested Parties"). The construction requirements of the Interested Parties shall be observedhowever, Grantor's requirements shall be adhered to as a minimum. GRANTEE, ITSSUCCESSORS, ASSIGNS, AGENTS, EMPLOYEES, CONTRACTORS, ANDSUBCONTRACTORS SHALL ASSUME FULL RESPONSIBILITY FOR GRANTEE'SFAILURE TO SECURE ANY REQUIRED APPROVAL FROM ANY INTERESTED PARTIES.
The following addresses should be used for contact and notification purposes:
GRANTOR'S ADDRESS:
CenterPoint Energy ATTN: Land Management 2345 East Main Street
Danville, Indiana 46122
GRANTEE'S ADDRESS:
City of Carmel ATTN: Director of Utilities
Carmel City Attorney One Civic Square
Carmel, Indiana 46032
IX.ADDITIONAL TERMS, CONDITIONS AND OBLIGATIONS:
A.Grantee shall, at Grantee's sole cost and expense, promptly resolve any complaints or litigationwhich pertain to Grantee's installation of Grantee's Facilities upon Grantor's Property from any
and all parties including, but not limited to, area homeowners, businesses, apartments, and
lessees to Grantor's satisfaction. Grantee shall also pay all reasonable attorneys' fees incurred
by Granter in regard to any such litigation.
B.Grantee shall reimburse Granter for the actual costs incurred as a direct result of on-sitesupervision for inspection purposes or conflict resolution by Grantor's employees or contractrepresentatives.
C.Grantee has one year from the execution date of this Easement to commence construction of
Grantee's Facilities within Grantor's Property. If construction has not started within this time
period, this Easement shall automatically become null and void and terminate. Grantee shallprovide Granter a recordable written release of easement document within sixty (60) days ofsaid termination date. Any and all consideration paid for this Easement is not refundable.
D.Grantee must take immediate action to cure all health and safety issues and environmentalissues. Further, if Grantee, its contractors, and subcontractors, shall at any time fail or refuse to
comply with or carry out any of the provisions herein contained, Granter shall notify Grantee of
such infraction in the manner provided in Section VIII. Notices. In the event such failure or
refusal shall continue for a period of ninety (90) days after receipt of said demand to comply,which period may be extended in writing by Granter at its sole discretion, Granter may terminatethis Easement upon written notice to Grantee. If Granter terminates this Easement, then Granteeshall, at Grantee's sole cost and expense, cease all operations, remove Grantee's Facilities, and
restore Grantor's Property to the condition which existed prior to Grantee's construction
activities. Should Grantee fail to remove its Facilities and restore Grantor's Property within ninety(90)days after termination of the Easement, Granter may proceed with such work. Grantee shallpromptly reimburse Granter the cost thereof, within thirty (30) days after receipt of billing. Uponremoval of Grantee's Facilities, Grantee shall provide Granter a recordable written release ofeasement document within sixty (60) days of said removal.
E.In the event that Grantee shall ever abandon Grantee's Facilities within the Easement Area, or
any portion thereof, for twelve (12) continuous months, this Easement or that abandoned portion
of the Easement, shall automatically terminate and all rights hereunder shall thereupon revert toGranter. Further Grantee shall, at its sole cost and expense, remove Grantee's Facilities fromGrantor's Property, restoring such premises to the condition existing prior to Grantee's work andprovide Granter a recordable written release of easement within sixty (60) days of said removal.In the event Grantee fails to remove its Facilities and restore Grantor's Property within ninety
(90)days after termination of the Easement, Granter may proceed with such work and Granteeshall reimburse Granter the cost thereof, within thirty (30) days after receipt of billing thereof.
F.This conveyance is expressly made subject to restrictions, covenants, conditions, limitations,easements, and mineral reservations, if any, now in force and existing of record in the office ofthe County Recorder of the county or counties named herein, to which reference is hereby made
for all purposes, and to those easements which, though not of record, are evidenced on the
ground.
G.Grantee agrees to reimburse Grantor for its actual costs incurred (including overtime asapplicable), plus an additional 15%, for Grantor's assignment of a sufficient number of on-siteinspectors necessary, in Grantor's sole judgment, for the inspection by Grantor of Grantee's
personnel and/or its contract personnel involved in the construction and installation of Grantee'sFacilities at any given time. At Grantor's discretion, a minimum of one full time inspector maybe on site during all construction activities. Grantor shall invoice Grantee for said inspectionson a monthly basis and Grantee shall pay Grantor within forty-five (45) days from the date ofinvoice in the manner provided in Section VIII. Notices.
XI.INDEMNIFICATIONS:
DURING THE TERM OF THIS EASEMENT, GRANTEE SHALL HAVE WITHIN THE GRANTOR'S
PROPERTY ONLY QUALIFIED CONTRACTORS (AND NO EMPLOYEES) PERFORMING
WORK OF ANY KIND WITHIN THE GRANTOR'S PROPERTY. IN ADDITION, AT ALL TIMES DURING THE TERM OF THIS EASEMENT, GRANTEE SHALL CAUSE AND REQUIRE THAT
ALL OF ITS CONTRACTORS PERFORMING WORK RELATED TO THE CONSTRUCTION,
INSTALLATION, TESTING, REPAIR, OPERATION, MAINTENANCE OR REMOVAL
ACTIVITIES WITHIN THE GRANTOR'S PROPERTY SHALL PROVIDE GRANTOR WITH A
FULL HOLD HARMLESS AND INDEMNITY IN WHICH THE CONTRACTORS AGREE TO
ASSUME ALL LIABILITY FOR ANY DAMAGE TO GRANTOR'S PROPERTY AND FACILITIES
WHEN SUCH DAMAGE IS CAUSED BY OR IS IN ANY WAY CONNECTED WITH THE PLANNING AND PREPARATION FOR CONSTRUCTION, INSTALLATION, TESTING, REPAIR, OPERATION, MAINTENANCE OR REMOVAL OF GRANTEE'S FACILITIES, INCLUDING THE
CONDUCT OF ANY SURVEYS OR ANY OPERATIONS CONDUCTED WITHIN THE
GRANTOR'S PROPERTY ASSOCIATED WITH THE CONSTRUCTION, INSTALLATION,
TESTING, REPAIR, OPERATION, MAINTENANCE OR REMOVAL OF GRANTEE'S
FACILITIES. AT ALL TIMES DURING THE TERM OF THIS EASEMENT, GRANTEE SHALL REQUIRE ITS CONTRACTORS TO INDEMNIFY AND HOLD HARMLESS GRANTOR FROM
AND AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, LIABILITIES, COSTS, LOSSES, ATTORNEYS FEES, EXPENSES AND DAMAGES, IN
CONTRACT, STRICT LIABILITY OR IN TORT, INJURY TO ANY PERSON (INCLUDING DEATH)
OR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE CONSTRUCTION, INSTALLATION, TESTING, REPAIR, OPERATION, MAINTENANCE OR
REMOVAL OF GRANTEE'S FACILITIES, WHERE SUCH INJURY OR DAMAGE IS CAUSED BY
THE SOLE, JOINT, CONCURRENT, CONTRIBUTING OR COMPARATIVE NEGLIGENCE OR FAULT OF GRANTEE'S CONTRACTORS.
FURTHERMORE, AT ALL TIMES DURING THE TERM OF THIS EASEMENT, GRANTEE SHALL
PROVIDE OR CAUSE ITS CONTRACTORS TO PROVIDE TO GRANTOR COMPLETE AND
ACCURATE COPIES OF ALL CONTRACTS CONTAINING ITS CONTRACTORS' INDEMNITY
AND HOLD HARMLESS OBLIGATIONS UNDERTAKEN AS REQUIRED BY THIS SECTION
(THE "INDEMNITY AND HOLD HARMLESS CONTRACTS") NOT LATER THAN TEN (10) DAYS PRIOR TO THE CONTRACTORS' ENTRY UPON THE GRANTOR'S PROPERTY. THE DELIVERY TO GRANTOR OF THE INDEMNITY AND HOLD HARMLESS CONTRACTS SHALL
CONSTITUTE GRANTEE'S REPRESENTATION, WARRANTY AND CERTIFICATION THAT
THE INDEMNITY AND HOLD HARMLESS CONTRACTS ARE COMPLETE AND ACCURATE
AND REMAIN IN FULL FORCE AND EFFECT.
ANY FUTURE EMPLOYEE OF GRANTEE PRESENT ON THE GRANTOR'S PROPERTY SHALL HAVE THE EXPRESS CONSENT OF GRANTOR AND SIGN A WRITTEN WAIVER OF LIABILITY SATISFACTORY TO GRANTOR PRIOR TO ENTERING THE GRANTOR'S
PROPERTY.
As used herein, the term "days" shall mean "business days".
This Easement supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Easement shall be construed as a whole and not strictly for or against any party.
If this Easement is not executed, notarized, and returned within forty-five (45) days of ___________ ,2025, this document and the offer to grant the Easement shall become null and void.
This Easement shall not be effective until signed by both Grantor and Grantee.
This Easement may be executed in two (2) or more counterparts, each of which shall be deemed an
original, all of which together shall constitute one and the same instrument.
The remainder of this page left intentionally bla.nk.
Indiana Gas Company, Inc., an Indiana corporation
d/b/a CENTERPOINT ENERGY INDIANA NORTH
Matthew R. Dowell
Manager, Land Management Division
STATE OF TEXAS
COUNTY OF HARRIS
) ) ) ss
This instrument was acknowledged before me on lhve �V 7 , 2025 by Matthew R.
Dowell, Manager of the Land Management Division of CenterPoint Energy Houston Electric,
LLC, as Agent for Indiana Gas Company, Inc., an Indiana corporation d/b/a CENTERPOINT
ENERGY INDIANA NORTH, on behalf of said corporation.
Witness my hand and notary seal this 7 day of 1/0tJ�r I 2025.
My Commission expires_7-r1/'---2___;;;;_,5,/.__;1J�O___,,)..:........:...._€'_ , I
My County of Residence is __ HL.......:...IJ-;___f"_,:,s ____ _
(Printed) Notary Public
This instrument prepared by UTILITY by Maggie M. Dunaway. 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.
�ltt.� Mag.Dunaway �
,,,���i,,, CAVALIER COFFIELD �,.. ... ,.�,,_ S IT ff{:.,ib\�1 Notary Public, tate o exas
::.:4••,J',r., .• l� Comm. Expires 07•26·2028
�,,�','ft::�,_:-Notary ID 130214123
Right-of-Way Agent
STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON )
GRANTEE:
THE CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
By: ________________ _ Laura Campbell, Presiding Member
Date: ________________ _
By:----------------Alan Potasnik, Member
Date:. ________________ _
By:---------------Jim Barlow, Member
Date: ________________ _
ATTEST:
Jacob Quinn, City Clerk
Date: ________________ _
Before me, a Notaiy Public in and for said County and State, personally appeared Laura Campbell, Alan Potasnik, and Jim Barlow, by me known to be members of the City of Cannel's Board of Public Works and Safety and Jacob Quinn, Clerk of the City of Carmel, who acknowledged execution of the foregoing Water Line Easement Agreement on behalf of the City of Carmel.
Witness my hand and notarial seal, this ___ day of ________ , 2025.
My Commission No./Expiration: Notary Public
My County of Residence: Printed
Form as of August 26, 2020 6
EXHIBIT "A"
EASEMENT
THE NORTH TEN FEET OF THE SOUTH THIRTY FIVE FEET OFF OF THE ENTIRE SOUTH SIDE OF THE FOLLOWING
DESCRIBED REAL ESTATE:
PART OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 17 NORTH, RANGE 3 EAST, HAMILTON COUNTY, INDIANA, NAMELY:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 7, SAID POINT BEING LOCATED 1173 FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTH A DISTANCE OF 217 FEET TO A POINT; THENCE EAST A DISTANCE OF 68.3 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 217 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID SECTION 7; THENCE WEST A DISTANCE OF 68.3 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.016 ACRES, MORE OR LESS.
I, TRENT E. NEWPORT, A REGISTERED LAND SURVEYOR IN THE STATE OF INDIANA, DO HEREBY CERTIFY THAT THIS DESCRIPTION IS BASED ON INSTRUMENT NUMBER 8708875 RECORDED IN THE HAMIL TON COUNTY RECORDER'S OFFICE. NO FIELDWORK WAS PERFORMED AND THEREFORE, THIS DESCRIPTION IS SUBJECT TO ANY OVERLAPS, GAPS OR INCONSISTENCIES THAT A FIELD SURVEY MIGHT REVEAL.
PREPARED BY:
Transportation & Development Consultants J4179iEJIIWIDR.lmliGRM.•4o107(31�7m-1555
TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021
COUNTY: SECTION: TOWNSHIP: RANGE:
HAMILTON 7 17 NORTH 3 EAST
fZZZd HATCHED AREA IS THEAPPROXIMATE EASEMENT
EXHIBIT "B"
EASEMENT EXHIBIT OWNER: INDIANA GAS COMPANY, INC.
j,,.... N
68.3'
INDIANA GAS
COMPANY. INC. INST. #8708875
'b
DRAWN BY : CJL 04-24-15CHECKED BY : TEN
2fj' 0 2fj' -- -----
SCAif: ,. - 50'
NORTH
1173'
SW COR. SW 1/4 SEC. 7-17N-3E
96th STREET 68.3'
THIS PLOT IS BASED ON INSTRUMENT NUMBER 8708875 RECORDED
IN THE HAMIL TON COUNTY RECORDER'S OFFICE. NO FIELDWORK
WAS PERFORMED AND THEREFORE, THIS DESCRIPTION IS SUBJECT
TO ANY OVERLAPS, GAPS OR INCONSISTENCIES THAT A FIELD
SURVEY MIGHT REVEAL. 'lJ �YI� 4-24-15
TRENT E. NEWPORT DA TE REG. LAND SURVEYOR NO. 29600021 STATE OF INDIANA
PREPARED BY:
Transportation & Development Consultants 3417 SIERIIIN M. IIIECH ll!M, • 46107 (JI� 78HS55
EXHIBIT "C" MINIMUM INSURANCE COVERAGE
1.1 GRANTEE and all its contractors agree to procure and to maintain in full force and effect, at
GRANTEE and its contractor's sole expense, insurance of the following types and amounts,
written by insurance companies satisfactory to CenterPoint, authorized to do business in Texas, and having an A.M. Best's Rating of not less than "A- VII":
1.2 Workers' Compensation and Employers' Liability -GRANTEE and all its contractors shall carry statutory Workers' Compensation Insurance covering their respective employees in compliance with all requirements of the Workers' Compensation laws of all states in which GRANTEE and all its contractors perform work hereunder.
1.3 In addition, GRANTEE and all its contractors shall carry Employer's Liability Insurance covering all operations and work hereunder in an amount not less than the following:
Each Accident Each Disease Each Employee Disease Policy Limit
$1,000,000 $1,000,000 $1,000,000
1.4 In addition, GRANTEE and all its contractors shall carry insurance in compliance with the U.S. Longshoreman's and Harbor Worker's Act, Outer Continental Shelf Act and covering Jones Act liability, if GRANTEE's performance hereunder involves marine exposures.
1.5 General Liability Insurance -GRANTEE and all its contractors shall carry general liability insurance on a form no less broad than the coverage provided by a "Commercial General
Liability Insurance" form (dated 2004 or thereafter) promulgated by the Insurance Services
Office, and containing language affording coverage for contractual liability, the products and completed operations hazards, broad form property damage liability, and the explosion, collapse and underground hazards, as respects all operations and work hereunder, for all liability arising out of injury to or death of one or more persons, and injury to or destruction of property, in any one occurrence, in amounts not less than:
General Aggregate Products -Comp/Ops Aggregate
Personal & Advertising Injury Each Occurrence
1.5.1 Reserved
1.5.2 Reserved
$2,000,000
$1,000,000
$1,000,000 $1,000,000
1.5.3 Pollution Liability Insurance -GRANTEE and all its contractors shall purchase and maintain contractor's pollution liability insurance coverage for any and all losses arising from or in any way related to pollution conditions, both sudden and accidental and gradual, which arise from GRANTEE and all its contractors' operations conducted under the Right of Entry Agreement and
Easement Grant, whether directly or indirectly, or that are in any other way related to GRANTEE
and all its contractors' operations during performance of this improvement or facility, whether
such operations be by GRANTEE and all its contractors, its subcontractors or anyone directly or indirectly employed by any of them. The contractor's pollution liability insurance policy shall contain minimum liability limits of $5,000,000 per claim and $5,000,000 in the aggregate. Such liability limits shall be project specific, dedicated to the work to be performed by GRANTEE and all its contractors under the Right of Entry Agreement or Easement Grant and shall not be eroded by the addition of any other party or entity not in conformance with the Right of Entry or Easement Grant.
In addition, the policy shall satisfy the following requirements:
"Covered Operations" designated by the policy must specifically include all work performed under the Right of Entry Agreement or Easement Grant.
The policy shall contain or be endorsed to include coverage for the following: (i) bodily injury
(including death), property damage and environmental cleanup cost, both on-Site and off-Site;
(ii)transportation of any waste, including loading/unloading, from the Site to the final disposal
location as well as any temporary storage, transshipment, or transfer sites. Transportationcoverage shall include both hired and non-owed automobiles; and (iii) all disposal locations (finaland temporary). All such disposal location shall be scheduled to the policy via the requisite nonowned disposal site endorsement, as non-owned disposal sites for coverage under the policy.
The pollution liability insurance policy shall not: (i) contain any contractual liability exclusion or
any similar exclusion which would serve to exclude coverage for liability assumed by the GRANTEE and all its contractors under the Agreement; (ii) exclude any loss or damage to CenterPoint or CenterPoint's property resulting from any acts or omissions of GRANTEE and all its contractors, its officers, employees, agents, servants, or subcontractors.
1.6 Automobile Liability Insurance -GRANTEE and all its contractors shall carry Automobile Liability
Insurance on a form no less broad than the coverage provided by a Business Automobile Liability
Insurance form (dated 2004 or thereafter) promulgated by the Insurance Services Office, on all owned or hired autos, as well as non-owned autos, in an amount not less than $1,000,000 combined single limit, for all liability arising out of injury to or death of one or more persons, and injury to or destruction of property, in any one occurrence.
1.7 Excess Liability Insurance -GRANTEE and all its contractors shall carry a first layer of Excess Liability Insurance that follows the form of the underlying primary liability insurance required by Sections 1.2 (Employers Liability only), 1.5 General Liability and 1.6 Automobile Liability, in an amount not less than $5,000,000 per occurrence and $5,000,000 in the aggregate. Further, GRANTEE and all of its contractors shall carry a second layer of Excess Liability Insurance that follows the form of the underlying primary liability insurance required by Sections 1.2 (Employers Liability only), 1.5 General Liability and 1.6 Automobile Liability, in an amount not less than $4,000,000 per occurrence and $4,000,000 in the aggregate.
1.8 Deductibles -Any and all deductibles, or self-insured retentions, of all insurance policies required hereunder shall be assumed by, for the account of, and at GRANTEE's and its contractors sole risk and expense and shall not be billed to or payable by CenterPoint, or its direct and indirect subsidiaries and affiliates, including limited liability companies.
1.9 Additional Insureds -The insurance required by Sections 1.5 General Liability, 1.5.3 Pollution Liability, 1.6 Automobile Liability, and 1.7 Excess Liability shall include CenterPoint Energy, Inc., including its direct and indirect subsidiaries and affiliates, including limited liability companies,
as additional insureds with respect to all operations and work hereunder, as to the full limits of liability purchased by contractor (including limits greater than the minimum limits required herein), and shall include language providing:
1.9.1 that such insurance applies separately to each insured against whom claim is made or suit is
brought; and coverage to CenterPoint, including its direct and indirect subsidiaries and affiliates, including limited liability companies, no less broad than one or the other of the following alternatives: (a) the coverage afforded to the named insured under the policy with respect to the work or services to be performed hereunder; or (b) the coverage afforded by the combination of Insurance Services Office Endorsements' CG 20 33 07 04 (entitled "Additional Insured -
Owners, Lessees or Contractors -Automatic Status When Required in Construction Agreement
with You) and CG 20 37 07 04 (entitled "Additional Insured -Owners, Lessees or Contractors -Completed Operations"); and,
1.9.2 that such insurance shall respond as primary insurance and shall not require contribution from any other insurance that may be maintained by CenterPoint Energy, Inc., or its direct and indirect subsidiaries and affiliates, including limited liability companies.
1.1 O Waiver of Subrogation -The insurance required by Sections 1.2 Workers' Compensation, 1.5
General Liability, 1.5.3 Pollution Liability, 1.6 Automobile Liability, and 1.7 Excess Liability shall include full waivers of subrogation in favor of CenterPoint Energy, Inc., including its direct and indirect subsidiaries and affiliates, including limited liability companies, unless waiver of subrogation is prohibited by the law governing such insurance.
1.11 Certificates of Insurance and documentation of coverage -GRANTEE and all its contractors shall
furnish CenterPoint with Certificates of Insurance signed by GRANTEE's insurance agent,
showing GRANTEE's procurement of the insurance required hereunder. Each such Certificate shall accurately reflect insurance in place, shall be in a form satisfactory to CenterPoint, and shall contain language and documents:
1.11.3 Omitted
1.11.4 A copy of the cancellation provisions and in addition to the certificate, GRANTEE and all its contractors shall provide thirty (30) days written notice (except ten (10) days written notice in the case of nonpayment of premium) to CenterPoint prior to cancellation of or material change in the coverage;
1.11.5 Confirming that CenterPoint Energy, Inc., including direct and indirect subsidiaries and affiliates,
including limited liability companies, are Additional Insureds, as required by the Section 1.9 Additional Insured hereof;
1.11.6 Confirming Waiver of Subrogation in favor of CenterPoint Energy, Inc., including its direct and indirect subsidiaries and affiliates, including limited liability companies, as required by the Section 1.10 Waiver of Subrogation hereof; and,
1.11.7 Attaching the endorsement(s) by which CenterPoint Energy, Inc. including its direct and indirect subsidiaries and affiliates, including limited liability companies is made an additional insured, has a waiver of subrogation, and coverage is primary and non-contributing.
1.11.8 GRANTEE and all its contractors warrant the complete accuracy of all information provided on every Certificate of Insurance provided by GRANTEE and all its contractors or provided by
GRANTEE and all its contractors' agent or broker, to CenterPoint. GRANTEE and all its contractors agree to assure that CenterPoint receives in fact the notifications required by section 1.11.4.
1.11.9 GRANTEE and all its contractors agree to provide CenterPoint with true, correct, and complete
photo/electronic copies, or to available for inspection the originals, of all policies of insurance that GRANTEE and all its contractors is required to procure and maintain in force under this
contract within three (3) business days after receipt of CenterPoint's request.
1.12 Claims-Made Insurance -If the insurance required hereunder is procured on a form affording "claims-made" coverage, then (i) all limits stated above as "per occurrence" shall be understood to mean "per claim" or "per occurrence," as is consistent with the terms of the "claims-made"
policy; and, (ii) such claims-made insurance shall not provide for a retroactive date later than the
Effective Date of the attached Right of Entry Agreement. All insurance as required herein shall
be primary to any other insurance coverage purchased and shall be issued by an insurer authorized to do business in the state where the work is being performed having an A.M. Best's Rating of not less than "A-VII".
1.13 Reinstatement of Impaired Limits -In the event that the required aggregate limits of liability of any insurance required hereunder are reduced or impaired by 50% or more, then GRANTEE and all its contractors shall give CenterPoint notice of the impairment and promptly cause such
impaired limits to be reinstated to the required limits.
1.14 Subcontractors' Insurance -GRANTEE and all its contractors shall cause their subcontractors, including all persons hired by GRANTEE who are not GRANTEE's employees, who perform any part of the work hereunder, to procure and to maintain in full force and effect insurance of the types and amounts, and meeting the requirements described in Sections 1.2 Workers'
Compensation, 1.5 General Liability, 1.5.3 Pollution Liability, 1.6 Automobile Insurance, and 1. 7 Excess Liability, above. In addition, subcontractors shall comply with the Sections 1.9 Additional
Insured, 1.9.4 Primary and Non-Contribution, 1.10 Waiver of Subrogation, and 1.11 Certificate of Insurance.
1.15 Term of Required Insurance -All terms of these insurance requirements shall survive termination of the Agreement and shall continue until thirty (30) days past the final completion of all work or services to be provided hereunder, including the performance of any warranty work. In addition,
GRANTEE shall maintain in force and effect completed operations coverage under the insurance policies required by General Liability and Excess Liability, and any "claims-made" coverage for
so long as the Water Line operates in the CenterPoint Transmission Corridor. GRANTEE shall purchase an extended reporting period, or "tail coverage," if necessary to comply with the latter requirement.
1.16 No Waiver by CenterPoint Energy -GRANTEE's and any its contractors' failure to provide
insurance as required hereunder, or GRANTEE's and any its contractors' failure to supply
Certificate of Insurance that comply with Section 1.11 Certificate of Insurance, above or the failure of CenterPoint to require evidence of insurance or to notify GRANTEE of any breach by GRANTEE or any its contractors of the requirements of these provisions or deficiencies in the insurance obtained, shall not constitute a waiver by CenterPoint of any of these insurance requirements, including GRANTEE's and all its contractors' obligations to defend, indemnify, and
hold harmless CenterPoint (including direct and indirect subsidiaries and affiliates, including
limited liability companies), as required herein.
1.17 Omitted
1.18 The foregoing insurance requirements are minimum requirements intended to benefit CenterPoint Energy, shall not be interpreted to limit GRANTEE or its contractors' liability to CenterPoint Energy or its direct and indirect subsidiaries and affiliates, including limited liability
companies, in any manner whatsoever; and are separate from and independent of GRANTEE's and its contractors' other obligations under this agreement, including GRANTEE's and its contractors' obligation to defend, indemnify and hold harmless CenterPoint Energy, Inc., and its direct and indirect subsidiaries and affiliates, including limited liability companies.
One Civic Square Carmel, IN 46032 engineering@carmel.in.gov
O: (317) 571-2441
carmel.in.gov
ENGINEERING
November 20, 2025
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: WAIVER OF BPW RESOLUTION NO. 04-28-17-01 – DUKE ENERGY- 14547 RIVER ROAD
Dear Board Members:
Duke Energy is requesting a waiver from the City’s Buried Utility District requirements (BPW Resolution No. 04-28-
17-01) to relocate a utility pole out of conflict with a planned multiuse path (exhibit attached).
The Department of Engineering, in review of the proposed requested waiver, has determined that the waiver is
valid and recommends approval of the waiver conditioned upon the following:
• The project’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-
227(a)(8) and 6-227(b).
• Any damage to the existing improvements within the right of way of and City of Carmel roadway
shall be restored to the satisfaction of the City when work is completed.
• Access to all adjoining properties shall be maintained at all times.
• The petitioner shall be responsible for coordinating relocation of all utility lines attached to the
poles and complete removal of any retired or replaced poles.
• The petitioner acknowledges that this waiver is for the items described above only.
• The petitioner acknowledges that the waiver approved this date does not guarantee approval of
any future waiver requests for this or any other project.
Sincerely,
Bradley Pease, P.E.
City Engineer
1 inch = 22 ft
POLE NEEDS RELOCATED FOR NEW
SIDEWALK ALONG RIVER RD.
Scope Of Work
TRUCK ACCESSIBLE
NO EASEMENT REQUIRED
Construction Notes
10/14/25
Date Page 1/1
58809736
Work Order Number
COMMRELOBILL
Job Plan Number
14550 RIVER RD, CARMEL, IN,
46033-9617, USA
Job Site Address
Reece Heilers
Designer
765-570-3366
Designer Phone
CONNER PRAIRIE MUSEUM INC
Customer Name
317-214-4726
Customer Phone
N1304501221
Circuit Id
12.47/7.2kV
Primary Voltage
OH RECLOSER POLE 199-268 ON
RIVER RD.
Upstream Protective Devices
PERMIT REQUIRED
Permits
One Civic Square Carmel, IN 46032 engineering@carmel.in.gov
O: (317) 571-2441
carmel.in.gov
ENGINEERING
November 20, 2025
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: WAIVER OF BPW RESOLUTION NO. 04-28-17-01 – DUKE ENERGY- ENCLAVE OF CARMEL POLE INSTALLATION
Dear Board Members:
Duke Energy is requesting a waiver from the City’s Buried Utility District requirements (BPW Resolution No. 04-28-
17-01) to install 2 utility poles within the Enclave of Carmel subdivision located at the NW corner of City Center
Drive and Keystone Parkway (exhibit attached). The new poles are needed to maintain existing services and will be
placed in line with existing aerial service lines.
The Department of Engineering, in review of the proposed requested waiver, has determined that the waiver is
valid and recommends approval of the waiver conditioned upon the following:
• The project’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-
227(a)(8) and 6-227(b).
• Any damage to the existing improvements within the right of way of and City of Carmel roadway
shall be restored to the satisfaction of the City when work is completed.
• Access to all adjoining properties shall be maintained at all times.
• The petitioner shall be responsible for coordinating relocation of all utility lines attached to the
poles and complete removal of any retired or replaced poles.
• The petitioner acknowledges that this waiver is for the items described above only.
• The petitioner acknowledges that the waiver approved this date does not guarantee approval of
any future waiver requests for this or any other project.
Sincerely,
Bradley Pease, P.E.
City Engineer
3
City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana, an Indiana municipal
corporation ("City"), its Dedication and Deed of Public Rights-of-Way of certain real property
("Property") to the City for the purpose of establishing City rights-of-way;
WHEREAS, the City believes that said fee simple conveyance of the Property is desirable, necessary
and in the City's best interests; and
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts
said Dedication and Deed, and orders that the Dedication and Deed of Public Rights-of-Way described
herein be recorded in the Recorder's Office of Hamilton County, Indiana, and that the Property be, and
the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
Laura Campbell, Presiding Officer
Date:
James Barlow, Member
Date:
Alan Potasnik , Member
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
4
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
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 Dedication & Deed of Public Rights-of-Way on behalf of the City
of Carmel, Indiana.
Witness my hand and Notarial Seal this day of , 20 .
NOTARY PUBLIC
My Commission No./Expiration:
Printed Name
My County of Residence:
September 18, 2025
City of Carmel Engineering Department
One Civic Square
Carmel, IN 46032
Attention: John Thomas
Re: PZ-2025-00140 SP Swinley Forest
Variance Request
Dear Mr. Thomas:
In response to your comments dated August 27, 2025, we respectfully request the following variance for
this project.
Variance Request #1 – Section 302.08(2) of the Stormwater Technical Standards Manual
Section 302.08(2) states: "For residential developments, the maximum planned depth of stormwater
stored shall not exceed four (4) feet."
Issue: Adhering to the 4-foot storage limitation would require the detention basin to encroach
significantly into the existing floodplain.
Proposed Solution: Following discussions with City staff and reviewers, we identified that adding 2 feet
of storage depth (for a total of 6 feet) would eliminate the additional floodplain impacts while still
meeting stormwater management objectives.
Request: Based on our discussions with City staff regarding floodplain impact reduction, we request a
variance from Section 302.08(2) to allow stormwater storage depth of 6 feet instead of the standard 4-
foot limitation.
If you have any questions or require additional information, please contact me at
bbrown@stoeppelwerth.com or (317) 570-4704.
Very truly yours,
STOEPPELWERTH & ASSOCIATES, INC.
Brian M. Brown, PE, CFM
Director of Water Resources
Cc:
BMB/ads
F:\_Drainage Folder 2012\PZ202500140-WaiverReq1docx.docx
August 25, 2025
Ms. Shelby Isaacson
Engineering Department
City of Carmel
One Civic Square
Carmel, Indiana 46032
Re: Request for Variance – Minimum separation of top of bank to 100 year flood elevation
Docket No. #PZ-2025-00131 DP/ADLS – Artistic Composite Pallets Phase 2 Building expansion
Dear Ms. Isaacson:
American Structurepoint, Inc., on behalf of our client, Artistic Composite Pallets, respectfully requests the
following variance from The City of Carmel Stormwater Technical Standards.
We are requesting a variance from standard 302.06, which requires 2 feet of separation between the top of bank
and the 100-year elevation of the stormwater detention facility. The master plan for the site proposed a future
building expansion within 25 feet of the top of bank of the dry stormwater detention system. The proposed
Phase 2 Building Expansion project follows the intent of the original master plan but keeps the 100-year
stormwater elevation well below the finished floor. The 100-year stormwater ponding elevation will be 887.40
feet (consistent with the master plan) and finished floor is based on the existing building elevation at 890.71,
almost 3.3 feet higher in elevation. While the top of bank is 888.00 feet, there is 2 feet of separation between
the 100 year elevation and the finished floor elevation. Top of outlet control structure will be an open grate, to
allow volumes above the 100 year elevation to flow through the outlet control structure and utilize the full
capacity of the 24’’ outlet pipe.
The site has been graded to perpetuate all drainage away from the building to the southeast where the existing
emergency overflow spillway is located. The building will not be inundated by overflow during emergency
situations.
We appreciate your time and consideration of our request. Please call me at (317) 547-5580 if you have any
questions.
Sincerely,
American Structurepoint, Inc.
Nathan Winslow, PE
Project Manager
NFW
BENCHMARK DATA
EXISTING LEGEND
100% Construction Documents
9025 River Road, Suite 200 | Indianapolis, Indiana 46240
TEL 317.547.5580 | FAX 317.543.0270
www.structurepoint.com
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Project Number
CERTIFIED BY
ISSUANCE INDEX
DATE:
PROJECT PHASE:
9/5/2025
2025.00208
ARTISTIC
COMPOSITE
PALLETS PHASE 2
BUILDING
EXPANSION
4518 West 99th Street
Carmel, Indiana
REVISION SCHEDULE
NO.DESCRIPTION DATE
1 CITY COMMENTS 10/08/2025
2 TRICO COMMENTS 10/14/2025
3 CITY COMMENTS 11/03/2025
GRADING & UTILITY LEGEND
C300
GRADING AND
UTILITY PLAN
KEYNOTES
DRAINAGE SUMMARY
DETAIL ENLARGEMENT
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