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HomeMy WebLinkAboutPaperless Packet for BPW 09.06.23Board of Public Works and Safety Meeting Agenda Wednesday, September 6, 2023 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1.MINUTES a.Minutes from the August 16, 2023, Regular Meeting 2.BID OPENING AND AWARD a.Quote Opening for 23-STR-08 Smoky Row Hardscape; Matt Higginbotham, Street Commissioner b.Bid Opening for Brookshire Golf Course Cellular Tower and Equipment Building Addition Project; Jeremy Kashman, City Engineer c.Bid Opening for 20-ENG-13 Veterans Way – City Center Dr. to W. Walnut St. Road Construction Project; Jeremy Kashman, City Engineer d.Bid Award for 22-ENG-13 Miscellaneous Path Connections; Jeremy Kashman, City Engineer 3.PERFORMANCE BOND REDUCTION/RELEASE APPROVAL REQUEST a.Courtyards of Carmel, Section 3; Request for Bond Reduction; ($-69,071.20); Storm Sewer; Matt Harlan, Epcon Communities b.Resolution BPW 09-06-23-06; Request for Bond Release; The Grove at Legacy, Section 5; Erosion Control; Pyatt Builders c.Resolution BPW 09-06-23-07; Request for Bond Release; Courtyards of Carmel, Section 2; Storm Sewer; Epcon Communities d.Resolution BPW 09-06-23-08; Request for Bond Release; Ambleside 1A/1B; Paving and Common Area Sidewalk; Platinum Properties 4.CONTRACTS a.Request for Goods and Services; Central Indiana Hardware Co., Inc.; ($27,650.00); Building Repairs and Maintenance; Jim Crider, Director of Administration b.Request for Goods and Services; Municipal Emergency Services, Inc.; ($22,818.36); Rit-Pak Emergency Air Supply Masks; Additional Services Amendment; Dave Haboush, Fire Chief c.Resolution BPW 09-06-23-02; A Resolution Requesting Financing, Construction and Dedication of Certain Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit Against the Payment of Parks and Recreation Impact Fees (“PRIF”) and Approving a PRIF Credit Agreement; Buckingham AT&T; ($1,191,208.00); Henry Mestetsky, Director of the Department of Redevelopment d.Resolution BPW 09-06-23-03; A Resolution Requesting Financing, Construction and Dedication of Certain Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit Against the Payment of Parks and Recreation Impact Fees (“PRIF”) and Approving a PRIF Credit Agreement; Monon Square North; ($1,845,396.00); Henry Mestetsky, Director of the Department of Redevelopment e.Resolution BPW 09-06-23-04; A Resolution Requesting Financing, Construction and Dedication of Certain Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit Against the Payment of Parks and Recreation Impact Fees (“PRIF”) and Approving a PRIF Credit Agreement; The Concourse; ($483,318.00); Henry Mestetsky, Director of the Department of Redevelopment f.Resolution BPW 09-06-23-05; A Resolution Requesting Financing, Construction and Dedication of Certain Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit Against the Payment of Parks and Recreation Impact Fees (“PRIF”) and Approving a PRIF Credit Agreement; 111 S Rangeline Road Townhomes; ($53,702.00); Henry Mestetsky, Director of the Department of Redevelopment g.Request for Purchase of Goods and Services; Andris Berzins; ($54,000.00); Sister Cities and Community Engagement Consultant; Nancy Heck, Director of the Department of Community Relations h.Resolution 09-06-23-09; Request for Acknowledgement of Contract between City and Vendor; MEG & Associates, Inc.; ($13,500.00); Event Planning & Media Services; Additional Services Amendment; Nancy Heck, Director of the Department of Community Relations i.Request for Purchase of Goods and Services; All Star Paving, Inc.; ($1,985,376.00); 22-ENG-13 Misc Path Connections - Construction; Jeremy Kashman, City Engineer j.Request for Purchase of Goods and Services; Beam, Longest & Neff, LLC; ($34,485.00); 20-ENG-04 College Ave Reconstruction – Appraisals, ROW & Buyer’s Agent Services; Additional Services Amendment; Jeremy Kashman, City Engineer k.Request for Purchase of Goods and Services; Beam, Longest & Neff, LLC; ($5,675.00); 22-ENG-13 Shelborne Road Path – Buyer’s Agent & Appraisal Services; Additional Services Amendment; Jeremy Kashman, City Engineer l.Request for Purchase of Goods and Services; Beam, Longest & Neff, LLC; ($134,200.00); 20-ENG-01 Smoky Row Road – Old Meridian to Rangeline Rd RAB – Inspection Supplement; Additional Services Amendment; Jeremy Kashman, City Engineer m.Request for Purchase of Goods and Services; Beam, Longest & Neff, LLC; ($462,500.00); 22-ENG-15 Clay Ctr Rd Multi-Use Path & Culvert – Design; Additional Services Amendment; Jeremy Kashman, City Engineer n.Request for Purchase of Goods and Services; American Structurepoint, Inc.; ($23,849.16); 20-ENG-02 106th Street and College Avenue RAB Intersection Improvements; CO #3; Jeremy Kashman, City Engineer o.Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($85,000.00); On-Call Plan Review; Additional Services Amendment; Jeremy Kashman, City Engineer p.Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($75,000.00); On-Call Engineering and Inspection Services; Additional Services Amendment; Jeremy Kashman, City Engineer q.Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($700,000.00); 20-ENG-13 Veterans Way – City Center to Walnut – Construction Inspection; Additional Services Amendment; Jeremy Kashman, City Engineer r.Request for Purchase of Goods and Services; DLZ, Indiana, LLC; ($25,000.00); 16- ENG-45 116th Street & AAA Way RAB Design; Additional Services Amendment; Jeremy Kashman, City Engineer s.Request for Purchase of Goods and Services; Traynor & Associates, Inc.; ($2,000.00); 22-ENG-13 Shelborne Path Appraisal Services; Additional Services Amendment; Jeremy Kashman, City Engineer t.Request for Joint Funding Agreement for Water Resource Investigations; U.S. Department of the Interior/U.S. Geological Survey; ($4,800.00); Maintenance of Streamflow Gaging Station; Jeremy Kashman, City Engineer u.Resolution BPW 09-06-23-01; Request for Acknowledgement of Contract between City and Vendor; Environmental Systems Research Institute, Inc.; ($64,417.85); SGEA Contract; Timothy Renick, Director of Information and Communication Systems and John Duffy, Director of Utilities v.Request for Purchase of Goods and Services; Lithko Restoration Technologies, LLC; ($51,945.00); Sophia Square Waterproofing; CO #5; Matt Higginbotham, Street Commissioner w.Request for Purchase of Goods and Services; Cintas Corporation; ($39,000.00); Laundry Services; Matt Higginbotham, Street Commissioner x.Request for Purchase of Goods and Services; Engledow, Inc.; ($99,179.00); Holiday Market Decorations; Additional Services Amendment; Matt Higginbotham, Street Commissioner y.Request for Purchase of Goods and Services; Engledow, Inc.; ($60,000.00); Holiday Market Install; Additional Services Amendment; Matt Higginbotham, Street Commissioner z.Request for Purchase of Goods and Services; LITHKO Restoration Technologies, LLC; ($35,565.00); Sophia Square Fountain Waterproofing; Additional Services Amendment; Matt Higginbotham, Street Commissioner aa. Request for Purchase of Goods and Services; Omni Electric, LLC; ($26,975.00); 96th Street and Gray Road Electrical Installation; Matt Higginbotham, Street Commissioner 5.REQUEST TO USE CITY STREETS/PROPERTY a.Request to Use/Close City Street; Neighborhood Block Party; September 24, 2023; 4:00 PM – 8:00 PM; Lesley Austin, Ashton Neighborhood b.Request to Use/Close City Streets; Running Club Practice; September 7, 2023; 2:55 PM – 3:35 PM; Kevin Hetrick, Carmel Elementary Pup Running c.Request to Use/Close City Street; Neighborhood Block Party; September 16, 2023; 5:00 PM – 10:00 PM; Kevin Sasena, Cool Creek North HOA d.Request to Use/Close City Street; Neighborhood Block Party; September 9, 2023; 4:00 PM – 11:00 PM; Missy Helm, Eden Estates e.Request to Use Carter Green / Adjacent Drives / Adjacent Sidewalks / Veteran’s Memorial South Lawn / Parking Spaces on the east side of SW Ave/ Non-Exclusive Use of the James Building and Veteran’s Way Parking Structures and the James Building Lobby and Restroom Facilities; Carmel Farmers Market; Every Saturday, May 4, 2024 – September 28, 2024; 6:00 AM – 1:30 PM; Ron Carter, Carmel Farmers Market, Inc. f.Request to Use Civic Square Gazebo/Lawn; City Employee Luncheon; October 2, 2023, 12:00 PM – October 3, 2023, 5:00 PM; Lisa Hartz, City of Carmel HR g.Request to Use City Street; Alumni Event; September 30, 2023; 3:00 PM – 10:00 PM; Cora Dustman, Indiana Montessori Academy h.Retro-Ratification of Request to Use City Hall Parking Lot; Jazz Festival; August 11, 2023, 5:00 PM - August 12, 2023, 11:59 PM; Meg Gates Osborne, Carmel Jazz Festival i.Request to Use/Close City Street; Neighborhood Cookout; September 23, 2023; 3:00 PM – 8:00 PM; Glen Just, Lakewood Gardens j.Retro-Ratification of Request to Use Tent at Midtown Plaza & Parking Spaces; Midtown’s Got Talent; August 24, 2023, 1:00 PM - August 27, 2023, 11:00 PM; Karolyn Brumley, City of Carmel/CRED k.Retro-Ratification to Request to Use/Close City Street; Neighborhood Block Party; August 19, 2023; 9:00 AM – 9:00 PM; Ashish Garg, Overbrook Farms HOA l.Request to Use/Close City Street; Neighborhood Block Party; September 9, 2023; 3:00 PM – 12:00 AM; Cindy Schleich, Ridge Road Oktoberfest m.Request to Use Carter Green & Rolling Street Closure; Santa’s Arrival; November 18, 2023; 8:00 AM – 8:00 PM; Meg Gates Osborne, City of Carmel n.Request to Use Midtown Plaza; Outdoor Workout; September 13, 2023; 5:00 PM – 7:00 PM; Jen Wilkins, Shred 415 o.Request to Use Midtown Plaza; Outdoor Workout; October 4, 2023; 4:00 PM – 6:00 PM; Jen Wilkins, Shred 415 p.Request to Use/Close City Street; Neighborhood Block Party; September 15, 2023 (Rain date: September 16, 2023); 4:00 PM – 10:00 PM; Terri Maynard, City Resident q.Request to Use/Close City Streets; Half Marathon & 5K; October 21, 2023; 5:00 AM – 2:00 PM; Todd Oliver, Carmel Road Racing Group 6.OTHER a.Request for Waiver of Resolution BPW 04-28-17 - Underground and Buried Utility District; Small Cell Permit #SC-2023-00003; Stephen Carr, AT&T Mobility b.Request for Consent to Encroach and Variance; 11022 Jasmine Drive; Justyna & Ryan Kelly, Property Owners c.Request for Consent to Encroach and Variance; 241 1st Ave NW; Carl Chapman, Property Owner d.Request for Consent to Encroach and Variance; 2902 Trailblazer Court; Hugh & Hazel Kelly, Property Owners e.Request for Consent to Encroach and Variance; 2945 Weatherstone Drive; Stephen & Mandy Mellinger, Property Owners f.Request for Consent to Encroach and Variance; 4976 Tudor Place; Gary Rubin & Sue Husted, Property Owners g.Request for Curb Cut & Curb Cut Vacation; 241 1st Ave NW; Carl Chapman, Property Owner h.Request for Curb Cut, Pavement Cut & Lane Restriction; 10880 N Michigan Road; Ashton Fritz, Fritz Engineering i.Request for Plat Vacation; Harry Bowser’s Northridge Addition; Andrew Wert, Church, Church, Hittle & Antrim j.Request for Secondary Plat; Rangeline Subdivision; Chester Judson Vanek, CEC k.Request for Right of Way Dedication; 11585 Pennsylvania St along Washington Blvd; SBC Home Office, LLC, Property Owner l.Request for Stormwater Technical Standards Waiver; Tom Wood Audi, 4610-B East 96th St; Roger Ward, Roger Ward Engineering m.Request for Grant of Perpetual Storm Water Quality Management Easement; Lakeside Apartments Phase II, 625 West Carmel Drive; Connor Strege, Kimley-Horn 7.ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, August 16, 2023 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 7 MEETING CALLED TO ORDER 8 9 Mayor James Brainard called the meeting to order at 10:00 AM 10 11 MEMBERS PRESENT 12 13 Mayor James Brainard, Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk Jessica 14 Komp were present. 15 16 MINUTES 17 18 Minutes from the July 19, 2023 Regular Meeting. Board Member Burke moved to approve. Board 19 Member Watson seconded. Minutes were approved 3-0. 20 21 BID OPENING 22 23 Bid Opening for 22-ENG-13 Miscellaneous Path Connections 24 Lori Watson opened the bids and Mayor Brainard read them aloud: 25 26 Contractor Quote 27 All Star Paving $1,985,376.00 28 Yarberry Landscape $2,235,022.90 29 Rieth-Riley Construction $2,492,042.71 30 Morphey Construction $2,290,000.00 31 United Construction Services $2,315,000.00 32 33 PERFORMANCE BOND REDUCTION APPROVAL REQUESTS 34 35 Resolution BPW 08-16-23-02; Waterford at West Clay – Sections 2C and 5A; Erosion Control; Board 36 Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 37 38 Resolution BPW 08-16-23-03; Albany Village; Common Walk; Board Member Burke moved to 39 approve. Board Member Watson seconded. Resolution approved 3-0. 40 41 Resolution BPW 08-16-23-04; Estates at Towne Meadow; Erosion Control - Wetlands; Board Member 42 Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 43 44 Resolution BPW 08-16-23-05; Bank of America – The Bridges; Right of Way & Erosion Control; 45 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 46 Resolution BPW 08-16-23-06; Village of West Clay Townhomes; Right of Way & Erosion Control; 47 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 48 49 Resolution BPW 08-16-23-07; Sunrise on the Monon – Phase 5; Roadway Improvements; Board 50 Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 51 52 Resolution BPW 08-16-23-08; Autozone – Michigan Rd; Right of Way & Erosion Control; Board 53 Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 54 55 CONTRACTS 56 57 Request for Acknowledgement of Contract between City and Vendor; CEIA USA LTD, LLC; 58 ($147,982.00); Resolution BPW 08-16-23-01; Opengate App; Board Member Burke moved to approve. 59 Board Member Watson seconded. Request approved 3-0. 60 61 Request for Purchase of Goods and Services; Jacob-Dietz, Inc.; ($10,986.60); Semi Annual Inspection 62 of Fire Protection Systems; Board Member Burke moved to approve. Board Member Watson 63 seconded. Request approved 3-0. 64 65 Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($36,985.00); 15-66 Passenger Van; Additional Services Amendment; - WITHDRAWN, VEHICLE NOT BEING 67 PURCHASED. 68 69 Request for Purchase of Goods and Services; Overhead Door Company of Indianapolis, Inc.; 70 ($4,264.00); Preventative Maintenance; Board Member Burke moved to approve. Board Member 71 Watson seconded. Request approved 3-0. 72 73 Request for Purchase of Goods and Services; Classic Cleaners, Inc.; ($20,000.00); Dry Cleaning 74 Services; Board Member Burke moved to approve. Board Member Watson seconded. Request 75 approved 3-0. 76 77 Request for Purchase of Goods and Services; Daniel Danielson; ($500.00); Judging Services for 78 Carmel on Canvas; Board Member Burke moved to approve. Board Member Watson seconded. 79 Request approved 3-0. 80 81 Request for Purchase of Goods and Services; Monika Herzig; ($4,650.00); Performance and 82 Professional Fees; Board Member Burke moved to approve. Board Member Watson seconded. Request 83 approved 3-0. 84 85 Request for Purchase of Goods and Services; American Structurepoint, Inc.; ($176,799.00); 22-SW-01 86 Springmill Run Culvert Replacement; Additional Services Amendment; Board Member Burke moved to 87 approve. Board Member Watson seconded. Request approved 3-0. 88 89 Request for Purchase of Goods and Services; Beam, Longest & Neff, LLC; ($91,221.00); 20-ENG-13 90 106th & Westfield RAB Appraisal and Buyer’s Agent Services; Additional Services Amendment; Board 91 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 92 93 Request for Purchase of Goods and Services; Beam, Longest & Neff, LLC; ($92,925.00); 20-ENG-04-94 N College Avenue Reconstruction Appraisal Services; Additional Services Amendment; Board Member 95 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 96 Request for Purchase of Goods and Services; Beam, Longest & Neff, LLC; ($3,375.00); Fair Market 97 Value Appraisal; Additional Services Amendment; Board Member Burke moved to approve. Board 98 Member Watson seconded. Request approved 3-0. 99 100 Request for Purchase of Goods and Services; Beam, Longest & Neff, LLC; ($4,215.00); 20-ENG-03 101 Parkside Village HOA Appraisal and Buyer’s Agent Services; Additional Services Amendment; Board 102 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 103 104 Request for Purchase of Goods and Services; EMCS, Inc.; ($83,877.50); 22-ENG-14 126th Street Path 105 Design; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 106 3-0. 107 108 Request for Purchase of Goods and Services; Monroe, LLC; ($-32,700.00); 16-ENG-97A Gray Road 109 Path; Change Order #1; Board Member Burke moved to approve. Board Member Watson seconded. 110 Request approved 3-0. 111 112 Request for Purchase of Goods and Services; Officeworks Services, LLC; ($11,974.55); Workstations; 113 Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 114 seconded. Request approved 3-0. 115 116 Request for Purchase of Goods and Services; Rieth Riley Construction; ($102,383.56); 20-ENG-01 117 Smoky Row Reconstruction; Change Order #8; Board Member Burke moved to approve. Board 118 Member Watson seconded. Request approved 3-0. 119 120 Request for Purchase of Goods and Services; Rieth Riley Construction; ($678,871.99); 20-ENG-03 3rd 121 Avenue SW Reconstruction; Change Order #1; Board Member Burke moved to approve. Board 122 Member Watson seconded. Request approved 3-0. 123 124 Request for Purchase of Goods and Services; Specialized Land Services, Inc.; ($41,040.00); 20-ENG-125 04-N Buyer’s Agent Services; Additional Services Amendment; Board Member Burke moved to 126 approve. Board Member Watson seconded. Request approved 3-0. 127 128 Request for Purchase of Goods and Services; The Taylor Realty Group, P.C.; ($25,695.00); 20-ENG-129 13 106th & Westfield RAB Appraisal Services; Additional Services Amendment; Board Member Burke 130 moved to approve. Board Member Watson seconded. Request approved 3-0. 131 132 Request for Purchase of Goods and Services; The Taylor Realty Group, P.C.; ($18,790.00); 20-ENG-133 04-N College Avenue Reconstruction Second Appraisals; Additional Services Amendment; Board 134 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 135 136 Request for Purchase of Goods and Services; White Construction, Inc.; ($482,010.42); 18-ENG-05 137 Richland Ave & Main St and Lexington Blvd & Main St Intersection Improvement; Change Order #1; 138 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 139 140 Request for Purchase of Goods and Services; Decorative Paving Company; ($28,276.92); 23-STR-06 141 Palladium Pavers; Change Order #1; Board Member Burke moved to approve. Board Member Watson 142 seconded. Request approved 3-0. 143 144 Request for Purchase of Goods and Services; Johnson Controls Fire Protection LP; ($2,250.26); 145 Annual Service Agreement; Board Member Burke moved to approve. Board Member Watson 146 seconded. Request approved 3-0. 147 Request for Purchase of Goods and Services; Kone, Inc.; ($4,860.00); Annual Service Agreement; 148 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 149 150 Request for Property Maintenance Agreement; REI Real Estate Services, LLC; ($0.00); Addendum to 151 Agreement; Board Member Burke moved to approve. Board Member Watson seconded. Request 152 approved 3-0. 153 154 Request for Purchase of Goods and Services; Smock Fansler Corporation; ($43,300.00); Sophia 155 Square Precast Fireplace; Additional Services Amendment; Board Member Burke moved to approve. 156 Board Member Watson seconded. Request approved 3-0. 157 158 Request for Acknowledgement of Interlocal Agreement; Hamilton County Solid Waste Board and the 159 City of Carmel; ($37,352.00); Hazardous Waste Collection Services; Board Member Burke moved to 160 approve. Board Member Watson seconded. Request approved 3-0. 161 162 REQUEST TO USE CITY STREETS/PROPERTY 163 164 Request to Use Midtown Plaza and Use/Close City Streets; Fall Festival; October 14, 2023; 9:00 AM 165 – 9:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 166 approved 3-0. 167 168 Request to Use Midtown Plaza and Use/Close City Streets; Community Bicycle Event; September 16, 169 2023; 6:00 AM – 2:00 PM; Board Member Burke moved to approve. Board Member Watson 170 seconded. Request approved 3-0. 171 172 Request to Use Monon & Main Plaza; Brain Aneurysm Awareness Event; September 16, 2023; 8:30 173 AM – 12:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 174 approved 3-0. 175 176 Request to Use City Street; Art Fair; September 17, 2023; 8:00 AM – 6:00 PM; Board Member Burke 177 moved to approve. Board Member Watson seconded. Request approved 3-0. 178 179 Request to Use/Close City Streets; Neighborhood Block Party; September 16, 2023; 4:00 PM – 10:00 180 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 181 3-0. 182 183 Request to Use Veteran’s Plaza; 9/11 Ceremony; September 11, 2023; 7:00 AM – 10:00 AM; Board 184 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 185 186 Request to Use Carter Green and Palladium East Patio; Carmel Christkindlmarket; November 15, 187 2023, 8:00 AM – December 24, 2023; 5:00 PM; Board Member Burke moved to approve. Board 188 Member Watson seconded. Request approved 3-0. 189 190 Request to Use Midtown Plaza and Use/Close City Streets; Colts Viewing Party; September 24, 2023; 191 8:00 AM – 6:30 PM; Board Member Burke moved to approve. Board Member Watson seconded. 192 Request approved 3-0. 193 194 Request to Close the Drive around the Palladium; Wedding; September 3, 2023; 6:00 AM – 7:00 PM; 195 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 196 197 198 Request to Use Midtown Plaza; Outdoor Workout and Fundraising Event; October 21, 2023; 8:00 AM 199 – 3:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 200 approved 3-0. 201 202 Request for Lane Restrictions and Traffic Control; 5K Road Race; September 30, 2023; 6:00 AM – 203 10:30 AM; Board Member Burke moved to approve. Board Member Watson seconded. Request 204 approved 3-0. 205 206 Request to Use Civic Square Gazebo/Lawn; Bridal Luncheon; June 21, 2024, 10:00 AM – 3:00 PM; 207 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 208 209 OTHER 210 211 Request for Consent to Encroach and Variance; 321 1st Ave. SE;– TABLED ON 7/5/23 – Board 212 Member Burke moved to remove from table. Board Member Watson seconded. Request to remove from 213 table approved 3-0. Board Member Burke moved to approve request for Consent to Encroach and 214 Variance. Board Member Watson Seconded. Request approved 3-0. 215 216 Request for Grant of Permanent Construction Easement; 530 S Rangeline Road; Board Member Burke 217 moved to approve. Board Member Watson seconded. Request approved 3-0. 218 219 Request for Waiver of BPW Resolution No. 04-28-17-01, Lane Restrictions; 3675 W 106th Street; 220 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 221 222 Request for Waiver of BPW Resolution 04-28-17-01, Lane Restrictions; 10597 Lasalle Road; Board 223 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 224 225 Request for Waiver of BPW Resolution 04-28-17-01, Lane Restrictions; 11333 Gray Road; Board 226 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 227 228 Request for Waiver of BPW Resolution 04-28-17-01, Lane Restrictions; Crossfields Drive & 116th 229 Street; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 230 3-0. 231 232 Request for Replat; Ambleside 1A & 1B; Board Member Burke moved to approve. Board Member 233 Watson seconded. Request approved 3-0. 234 235 Request for Open Pavement Cut and Road Closure; 121st Street at Waterfront of West Clay; Board 236 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 237 238 Request for Open Pavement Cut and Road Closure; Springmill Road at Jackson’s Grant Village; 239 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 240 241 Request for Consent to Encroach and Variance; 1012 Auman Dr East; Board Member Burke moved to 242 approve. Board Member Watson seconded. Request approved 3-0. 243 244 Request for Consent to Encroach and Variance; 518 Almond Creek Drive; WITHDRAWN – 245 CONSENT TO ENCROACH NO LONGER NEEDED. 246 247 Request for Consent to Encroach and Variance; 12782 Horseferry Road; Board Member Burke moved 248 to approve. Board Member Watson seconded. Request approved 3-0. 249 Request for Consent to Encroach and Variance; 14330 Overbrook Drive; Board Member Burke moved 250 to approve. Board Member Watson seconded. Request approved 3-0. 251 252 Request for Consent to Encroach and Variance; 14472 Jeremy Drive; Board Member Burke moved to 253 approve. Board Member Watson seconded. Request approved 3-0. 254 255 Request for Right of Way Dedication; Parcel 4 and Parcel 11; Board Member Burke moved to 256 approve. Board Member Watson seconded. Request approved 3-0. 257 258 Request for Secondary Plat; Gramercy West, Sections 3 & 4; Board Member Burke moved to approve. 259 Board Member Watson seconded. Request approved 3-0. 260 261 Request for Grant of Perpetual Stormwater Quality Management Easement; 1701 E 116th Street; 262 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 263 264 Request for Grant of Water Quality Preservation Easement; 1701 E 116th Street; Board Member Burke 265 moved to approve. Board Member Watson seconded. Request approved 3-0. 266 267 Request for Lane Restriction and Sidewalk Closure; 473 Third Ave SW; Board Member Burke moved 268 to approve. Board Member Watson seconded. Request approved 3-0. 269 270 Request for Open Pavement Cut and Lane Restriction; 520 E Main Street; Board Member Burke 271 moved to approve. Board Member Watson seconded. Request approved 3-0. 272 273 Request for Open Pavement and Lane Restriction; 5160 E 96th Street; Board Member Burke moved to 274 approve. Board Member Watson seconded. Request approved 3-0. 275 276 Request for Additional Curb Cut; 1012 Auman Drive East; Board Member Burke moved to approve. 277 Board Member Watson seconded. Request approved 3-0. 278 279 Request for Underground and Buried Utility Waiver; Small Cell Permit; 12746 Clay Center Road; 280 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 281 282 Request for Stormwater Technical Standards Waiver; Flora PUD at Springmill Road & Illinois Street; 283 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 284 285 Request for Stormwater Technical Standards Waiver; IMI Headquarters at 10901 Illinois Street; 286 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 287 288 Request for Sidewalk/Street Closure; 2140 E 116th Street; Board Member Burke moved to approve. 289 Board Member Watson seconded. Request approved 3-0. 290 291 ADJOURNMENT 292 293 Mayor James Brainard adjourned the meeting at 10:09. 294 295 296 APPROVED: ____________________________________ 297 Sue Wolfgang – City Clerk 298 299 300 _____________________________________ 301 Mayor James Brainard 302 303 304 ATTEST: 305 __________________________________ 306 Sue Wolfgang – City Clerk 307 308 August 28, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: REQUEST OF PERFORMANCE BOND AMOUNT REDUCTION – COURTYARDS OF CARMEL SECTION 3 Dear Board Members: Epcon Communities has requested Board approval to reduce a performance bond for the Courtyards of Carmel Section 3. The following reductions are requested: Surety ID Original Amount Reduced Amount Sec. 3 Storm Sewer- PB00155801853 $690,712.00 $69,071.20 After review of the bond reduction request, I recommend approval contingent upon the following conditions: • Performance Guarantee amount cannot be reduced to an amount lower than the amount that will be required for the 3-year maintenance guarantee amount (10%) • Upon 100% completion of the required improvements, the Developer may request the release of the subject Performance Guarantee. However, the 3-year Maintenance Guarantee amount must be calculated based on the original Performance Guarantee amount. Sincerely, Jeremy Kashman, P.E. City Engineer To: Board of Public Works Date: August 28, 2023 and Safety City of Carmel, Indiana Resolution No: BPW-09-06-23-06 From: CITY ENGINEER Principal: Pyatt Builders Surety: Harco National Insurance Board Members: I have conducted final inspection at The Grove at Legacy for the following improvements: ITEM SURETY NUMBER AMOUNT Sec. 5 Erosion Control 0795068 $27,470.00 The above improvements have been inspected and are acceptable to the City of Carmel. I recommend acceptance of said improvement, subject to the following conditions: 3-year maintenance guarantees to replace the surety listed above must be submitted to replace the performance guarantee. The required maintenance guarantee amounts are as follows: ITEM AMOUNT Sec. 5 Erosion Control $2,740.00 APPROVED: _____________________________ Jeremy Kashman, City Engineer Be it resolved by the board of Public Works and Safety, City of Carmel, Indiana on this 6th day of September 2023, that the performance guarantee for The Grove at Legacy listed above is accepted and released by the City of Carmel, Indiana subject to any conditions listed above. Signed:_____________________________(Presiding Officer) _____________________________ (Member) _____________________________ (Member) Board of Public Works and Safety To: Board of Public Works Date: August 28, 2023 and Safety City of Carmel, Indiana Resolution No: BPW-09-06-23-07 From: CITY ENGINEER Principal: Epcon Communities Surety: Philadelphia Insurance Co. Board Members: I have conducted final inspection at Courtyards of Carmel, Section 2 for the following improvements: ITEM SURETY NUMBER AMOUNT Storm Sewer PB00155801647 $873,143.50 The above improvements have been inspected and are acceptable to the City of Carmel. I recommend acceptance of said improvement, subject to the following conditions: 3-year maintenance guarantees to replace the surety listed above must be submitted to replace the performance guarantee. The required maintenance guarantee amounts are as follows: ITEM AMOUNT Storm Sewer $87,314.35 APPROVED: _____________________________ Jeremy Kashman, City Engineer Be it resolved by the board of Public Works and Safety, City of Carmel, Indiana on this 6th day of September 2023, that the performance guarantee for Courtyards of Carmel, Section 2 listed above is accepted and released by the City of Carmel, Indiana subject to any conditions listed above. Signed:_____________________________(Presiding Officer) _____________________________ (Member) _____________________________ (Member) Board of Public Works and Safety To: Board of Public Works Date: August 28, 2023 and Safety City of Carmel, Indiana Resolution No: BPW-09-06-23-08 From: CITY ENGINEER Principal: Platinum Properties Management Co, LLC Surety: Great American Insurance Board Members: I have conducted final inspection at Ambleside, Sections 1A & 1B for the following improvements: ITEM SURETY NUMBER AMOUNT 1A Paving 3740011 $26,423.00 (reduced from $137,415.00) 1A Common Area Sidewalk 3740012 $24,213.00 1B Common Area Sidewalk 4172847 $60,497.00 The above improvements have been inspected and are acceptable to the City of Carmel. I recommend acceptance of said improvement, subject to the following conditions: 3-year maintenance guarantees to replace the surety listed above must be submitted to replace the performance guarantee. The required maintenance guarantee amounts are as follows: ITEM AMOUNT 1A Paving $20,612.00 1A Common Area Sidewalk $2,421.30 1B Common Area Sidewalk $6,049.70 APPROVED: _____________________________ Jeremy Kashman, City Engineer Be it resolved by the board of Public Works and Safety, City of Carmel, Indiana on this 6th Day of September, 2023, that the performance guarantee for Ambleside, Sections 1A & 1B listed above is accepted and released by the City of Carmel, Indiana subject to any conditions listed above. Signed:_____________________________(Presiding Officer) _____________________________ (Member) _____________________________ (Member) Board of Public Works and Safety BySergeyGrechukhinat11:04am,Aug28,2023 Central Indiana Hardware Co., Inc. Administration Department - 2023 Appropriation #1205 101 43-501.00 Fund; P.O. #109791, 109901 Contract Not To Exceed $27,650.00 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) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, 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. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Administration\\2023\\Central Indiana Hardware Co., Inc. Goods and Services.docx:8/7/2023 12:54 PM\] 2 Central Indiana Hardware Co., Inc. Administration Department - 2023 Appropriation #1205 101 43-501.00 Fund; P.O. #109791, 109901 Contract Not To Exceed $27,650.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. S:\\Contracts\\Departments\\Administration\\2023\\Central Indiana Hardware Co., Inc. Goods and Services.docx:8/7/2023 12:54 PM\] 3 Central Indiana Hardware Co., Inc. Administration Department - 2023 Appropriation #1205 101 43-501.00 Fund; P.O. #109791, 109901 Contract Not To Exceed $27,650.00 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Administration Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Central Indiana Hardware Co., Inc. PO Box 631968 Cincinnati, Ohio 45263-1968 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide S:\\Contracts\\Departments\\Administration\\2023\\Central Indiana Hardware Co., Inc. Goods and Services.docx:8/7/2023 12:54 PM\] 4 Central Indiana Hardware Co., Inc. Administration Department - 2023 Appropriation #1205 101 43-501.00 Fund; P.O. #109791, 109901 Contract Not To Exceed $27,650.00 such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2023 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. S:\\Contracts\\Departments\\Administration\\2023\\Central Indiana Hardware Co., Inc. Goods and Services.docx:8/7/2023 12:54 PM\] 5 Andrew Colton 2023.08.28 08:55:23-04'00' Submitted by: Austin Nicholls nichollsa@cih-inc.com 219.999.2916 Please feel free tocalloremail should you have anyquestions. Welook forward toworking with you! Allprices aresubject tothefollowing: Acceptance within 30days and credit approval byCIH Credit Department Terms ofSale areNET 30days from date ofinvoice Page 1of 1 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: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 6/2/2023 CENTRAL INDIANA HARDWARE CINCINNATI, OH 45263--1968 109791 PO BOX 631968 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 General Administration 1 Civic Square Carmel, IN 46032- 00352813 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 78138 1205Department:101Fund:General Fund 43-501.00Account: Building Repairs andMaint1 $22,800.00 $22,800.00Each 22,800.00SubTotal 22,800.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/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. 109791 ORDERED BY TITLE CONTROLLER Dept of Administration 1 Civic Square Carmel, IN 46032- James Crider James Crider Director of Administration Director of Administration 7/20/2023 CENTRAL INDIANA HARDWARE CINCINNATI, OH 45263--1968 109901 PO BOX 631968 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 General Administration 1 Civic Square Carmel, IN 46032- 00352813 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 79332 1205Department:101Fund:General Fund 43-501.00Account: OtherMisc1 $4,850.00 $4,850.00Each 4,850.00SubTotal 4,850.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/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. 109901 ORDERED BY TITLE CONTROLLER Dept of Administration 1 Civic Square Carmel, IN 46032- James Crider Director of Administration ByAllisonLynch-McGrathat11:46am,Aug28,2023 RESOLUTION NO. BPW_09-06-23-02 A RESOLUTION REQUESTING THE PROVISION OF CERTAIN INFRASTRUCTURE OR OTHER IMPACT ZONE IMPROVEMENTS IN LIEU OF AND AS A CREDIT AGAINST THE PAYMENT OF PARKS AND RECREATION IMPACT FEES (“PRIF”) AND APPROVING A PRIF CREDIT AGREEMENT WHEREAS, Indiana Code 36-7-4-1335 permits the application of a credit against the payment of impact fees for persons who construct or provide certain infrastructure or other improvements of a type for which a unit imposes an impact fee in an impact zone; and, WHEREAS, City of Carmel Unified Development Ordinance 1.30(F) permits the City of Carmel Board of Public Works and Safety (“Board”) to request that any person otherwise required to pay PRIF to instead finance, construct, and dedicate certain infrastructure or improvements in the Parks and Recreation Infrastructure Impact Zone (“Impact Zone”) located in Clay Township, Indiana and over which the City of Carmel, Indiana (“City”) exercises planning and zoning jurisdiction; and, WHEREAS, City of Carmel Unified Development Ordinance 1.30(F) also permits the Board to determine the amount of PRIF credit any person requested to finance, construct, and dedicate certain infrastructure or improvements in the Impact Zone in lieu of PRIF payment shall receive, and to memorialize this determination in a credit agreement (“Credit Agreement”); and, WHEREAS, the Board now desires to request that Buckingham Realty and Development Corporation, an Indiana For-Profit Corporation (“Buckingham”), finance and construct, within two (2) years of which this Resolution is approved by the Board (the “End Date”), those certain infrastructure and improvements set forth on attached Exhibit A, the same being incorporated herein by this reference, in exchange for a PRIF credit the Board has determined should be in the amount of exactly One Million, One Hundred Ninety-One Thousand, Two Hundred Eight Dollars ($1,191,208.00); and, WHEREAS, Buckingham covenants that the infrastructure and improvements set forth in Exhibit A shall remain open to the public for their use and enjoyment in perpetuity; and, WHEREAS, Buckingham shall maintain, repair and replace, at its sole cost and expense, the infrastructure and improvements set forth in Exhibit A as necessary and to the satisfaction of the City, in perpetuity; and, WHEREAS, Buckingham shall execute and return to the Board, by and through the Carmel Office of Corporation Counsel, the Credit Agreement set forth on attached Exhibit B, the same being incorporated herein by this reference, prior to the issuance of the improvement location fee for that certain improvement identified on attached Exhibit C, the same being incorporated herein by this reference; and WHEREAS, PRIF in the amount of $1,191,208.00 is due and owing by Buckingham to the City by virtue of that certain improvement identified on attached Exhibit C (the “Targeted PRIF”); and, WHEREAS, Buckingham’s obligation to pay the Targeted PRIF to the City shall be held in abeyance until the earlier of the acceptance by the Board, in its sole discretion, of the infrastructure or improvements set forth on attached Exhibit A (“Board Acceptance”) or the End Date. Upon Board Acceptance, the City shall promptly enter the credit identified herein against Buckingham’s Targeted PRIF obligations. If Board Acceptance does not occur by the End Date, no credit shall be entered against the Targeted PRIF and the same shall thereafter become immediately due and owing to the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The Board hereby requests that Buckingham Realty and Development Corporation finance and construct those certain infrastructure and improvements set forth on attached Exhibit A, in exchange for a PRIF credit of exactly $1,191,208.00, pursuant to the terms and conditions set forth hereinabove. 3. The Board hereby approves the Credit Agreement in the form as set forth in attached Exhibit B. 4. That Henry Mestetsky, on behalf of the City and the Board, is hereby authorized and directed to take such actions as are lawful, necessary, and proper to effectuate the transaction approved by this Resolution. SO RESOLVED. Approved and adopted this ________ day of __________________, 2023. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: __________________________________ James Brainard, Presiding Officer Date:______________________________ __________________________________ Mary Ann Burke, Member Date:______________________________ __________________________________ Lori S. Watson, Member Date:______________________________ ATTEST: __________________________________ Sue Wolfgang, Clerk Date:______________________________ EXHIBIT A Buckingham AT&T Site PRIF Agreement Apartments: 227 Townhomes: 10 Live/Work Units: 7 Total Units: 244 EXHIBIT B PRIF CREDIT AGREEMENT COMES NOW Buckingham Realty and Development Corporation, an Indiana For-profit Corporation, by its undersigned, duly authorized agent and states as follows: Buckingham hereby agrees to finance and construct those certain infrastructure items or public improvements set forth in attached Exhibit A, the same being incorporated by this reference, in exchange for a Parks and Recreation Impact Fee (“PRIF”) credit not to exceed $1,191,208.00 as defined in Exhibit C. SO AGREED this _______ day of __________2023. Buckingham Realty and Development Corporation By: ____________________________ Authorized Signature ____________________________ Printed Name ____________________________ Title Erik Dirks SVP, Development Date:Project:Carmel Midtown Apts Description: Cost Estimate 129,441$ 32,139$ 302,417$ (29,618)$ 66,185$ 85,063$ 202,630$ 82,848$ (35,852)$ 192,283$ 85,903$ 77,743$ 83,494$ 1,274,677$ Planter seat walls Standard Sidewalk HD vehicle pavers HD integral colored concrete pavement Standard Sidewalk HD integral colored concrete pavement HD vehicle pavers Total Cost: 7/12/2023 Plaza Breakout Costs L102: Plaza Between Buildings and North of Commercial Pad Scope Landscape & Irrigation L 101 Firelane: HD concrete pavement HD concrete pavement Public plaza streetscape Turfed and gated dog park Public Plaza Lighting Electric & fixtures in public plaza to improve streetscape Artwork Infrastructure Pet Park Electrical, lighting, footings and foundation 7/13/2023 EXHIBIT C RESOLUTION NO. BPW 09-06-23-03 A RESOLUTION REQUESTING THE FINANCING, CONSTRUCTION, AND DEDICATION OF CERTAIN INFRASTRUCTURE OR OTHER IMPACT ZONE IMPROVEMENTS IN LIEU OF AND AS A CREDIT AGAINST THE PAYMENT OF PARKS AND RECREATION IMP ACT FEES ("PRIF") AND APPROVING A PRIF CREDIT AGREEMENT WHEREAS, Indiana Code 36-7-4-1335 pennits the application ofa credit against the payment of impact fees for persons who construct or provide certain infrastructure or other improvements of a type for which a unit imposes an impact fee in an impact zone; and, WHEREAS, City of Cannel Unified Development Ordinance § l .3(F) pennits the City of Cannel Board of Public Works and Safety ("Board") to request that any person otherwise required to pay PRIF to instead finance, construct, and dedicate certain infrastructure or improvements in the Parks and Recreation Infrastructure Impact Zone ("Impact Zone") located in Clay Township, Indiana and over which the City of Cannel, Indiana ("City") exercises planning and zoning jurisdiction; and, WHEREAS, City of Cannel Unified Development Ordinance § l .3(F) also permits the Board to determine the amount of PRIF credit any person requested to finance, construct, and dedicate certain infrastructure or improvements in the Impact Zone in lieu of PRIF payment shall receive, and to memorialize this detennination in a credit agreement ("Credit Agreement"); and, WHEREAS, the Board now desires to request that Monon Square Associates JV, LLC, an Indiana limited liability company ("Monon Square Associates"), finance infrastructure or improvements that meet the requirements set forth in Indiana Code§ 36-7-4-1335(a), in exchange for a PRIF credit the Board has determined should be in the amount of exactly One Million, Eight Hundred Forty-Five Thousand, Three Hundred Ninety-Six Dollars ($1,845,396.00); and, WHEREAS, Monon Square Associates shall execute and return to the Board the Credit Agreement set forth on attached Exhibit A, the same being incorporated herein by th is reference, prior to the issuance of the improvement location fee for that certain improvement identified on attached Exhibit B, the same being incorporated herein by this reference; and, NOW, THEREFORE, BE IT RE SOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana as follows: I. The foregoing Recitals are incorporated herein by this reference. 2.The Board hereby requests that Monon Square Associates JV, LLC finance infrastructure or improvements that meet the requirements set forth in Indiana Code § 36-7-4-I 335(a) in exchange for a PRIF credit the Board has determined should be in the amount of exactly $1,845,396.00, pursuant to the terms and conditions set fo1th hereinabove. 3.The Board hereby approves the Credit Agreement in the form as set forth in attached Exhibit A. 4.Henry Mestetsky, on behalf of the City and the Board, is hereby authorized and directed to take such actions as are lawful, necessary, and proper to effectuate the transaction approved by this Resolution. Mr. Mestetsky shall deposit the entire credited amount of PRIF into City Fund #902. These funds shall be drawn upon to finance the construction of Parks and Recreation infrastructure and improvements that meet the requirements oflndiana Code § 36-7-4-I 335(a). EXHIBIT A PRIF CREDIT AGREEMENT COMES NOW Monon Square Associates N, LLC, an Indiana limited liability company ("Monon Square Associates"), by its undersigned, duly authorized agent, and states as follows: At such time, and only in the event that, a Parks and Recreation Impact Fee ("PRIF") would otherwise be due and payable in connection with the development of the project described on Exhibit B, Monon Square Associates hereby agrees to contribute $1,845,396.00 toward the construction of infrastructure items or public improvements that meet the requirements of Indiana Code 36-7-4-l 335(a), in exchange for a PRIF credit not to exceed $1,845,396.00. After the improvements are completed and have been accepted by the Carmel Board of Public Works and Safety, any remaining unused PRIF shall be made available for use by the Carmel Department of Parks and Recreation, pursuant to the requirements of the City. SO AGREED this 2.1-\--day of f.\.vi V'?.\--, 2023. Monon Square Associates JV, LLC By: Authorized Signature David Stirsman Printed Name Manager Title RESOLUTION NO. BPW 09-06-23-04A RESOLUTION REQUESTING THE PROVISION OF CERTAIN INFRASTRUCTURE OR OTHER IMPACT ZONE IMPROVEMENTS IN LIEU OF AND AS A CREDIT AGAINST THE PAYMENT OF PARKS AND RECREATION IMPACT FEES ("PRIF") AND APPROVING A PRIF CREDIT AGREEMENT WHEREAS, Indiana Code 36-7-4-1335 permits the application of a credit against the payment of impact fees for persons who construct or provide certain infrastructure or other improvements of a type for which a unit imposes an impact fee in an impact zone; and, WHEREAS, City of Cmmel Unified Development Ordinance 1.30(F) permits the City of Carmel Board of Public Works and Safety ("Board") to request that any person otherwise required to pay PRIF to instead finance, construct, and dedicate certain infrastructure or improvements in the Parks and Recreation Infrastructure Impact Zone ("Impact Zone") located in Clay Township, Indiana and over which the City of Carmel, Indiana ("City") exercises planning and zoning jurisdiction; and, \VHEREAS, City of Cam1el Unified Development Ordinance l .30(F) also permits the Board to detennine the amount of PRIF credit any person requested to finance, constrnct, and dedicate certain infrastructure or improvements in the Impact Zone in lieu of PRIF payment shall receive, and to memorialize this determination in a credit agreement ("Credit Agreement"); and, WHEREAS, the Board now desires to request that Pedcor Housing Corporation, a Foreign limited liability company ("Pedcor"), finance and construct, within three (3) years of which this Resolution is approved by the Board (the "End Date"), those certain infrastructure and improvements set forth on attached Exhibit A, the same being incorporated herein by this reference, in exchange for a PRIF credit the Board has determined should be in the amount of exactly Four Hundred Eighty Three Thousand, Three Hundred Eighteen Dollars ($483,318.00); and, WHEREAS, Pedcor covenants that the infrastructure and improvements set forth in Exhibit A shall remain open to the public for their use and enjoyment in perpetuity; and, WHEREAS, Pedcor shall maintain, repair and replace, at its sole cost and expense, the infrastructure and improvements set forth in Exhibit A as necessary and to the satisfaction of the City, in perpetuity; and, WHEREAS, Pedcor shall execute and return to the Board, by and through the Carmel Office of Corporation Counsel, the Credit Agreement set forth on attached Exhibit B, the same being incorporated herein by this reference, prior to the issuance of the improvement location fee for that certain improvement identified on attached Exhibit C, the same being incorporated herein by this reference; and \VHEREAS, PRIF in the amount of $483,318.00 is due and owing by Pedcor to the City by virtue of that certain improvement identified on attached Exhibit C (the "Targeted PRIF"); and, WHEREAS, Pedcor's obligation to pay the Targeted PRIF to the City shall be held in abeyance until the earlier of the acceptance by the Board, in its sole discretion, of the infrastructure or improvements set forth on attached Exhibit A ("Board Acceptance") or the End Date. Upon Board Acceptance, the City shall promptly enter the credit identified herein against Pedcor's Targeted PRIF obligations. If Board Acceptance does not occur by the End Date, no credit shall be entered against the Targeted PRIF and the same shall thereafter become immediately due and owing to the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Cannel, Indiana as follows: 1.The foregoing Recitals are incorporated herein by this reference. 2.The Board hereby requests that Pedcor Housing Corporation finance and construct those certain infrastructure and improvements set forth on attached Exhibit A, in exchange for a PRIF credit of exactly $483,318.00, pursuant to the terms and conditions set forth hereinabove. 3.The Board hereby approves the Credit Agreement in the fonn as set forth in attached Exhibit B. 4.That Henry Mestetsky, on behalf of the City and the Board, is hereby authorized and directed to take such actions as are lawful, necessary, and proper to effectuate the transaction approved by this Resolution. SO RESOLVED. Approved and adopted this ___ day of ________ , 2023. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: James Brainard, Presiding Officer Date: _____________ _ Mary Ann Burke, Member Date: -------------- Lori S. Watson, Member Date: -------------- ATTEST: Sue Wolfgang, Clerk Date: -------------- Concourse PRIF Agreement £)1lh;6;+ A Statement of Probable Costs -Park Fee Offset Items 8/24/23 Qllantt\l:�, >:-.·_:::�. 3,685 SF 4,855 SF 2,960 SF 2,960 SF 800 LF 23 x $500 EA 125 Plants 14 x $38,607 EA 14 x $2,250 EA 13 EA 2,400 LF 10 + 10 72 LF, 320 SF Crawl 578 SF 360 LF 365 LF 110 LF ·r(-..·:. t1:i $33,165.00 $69,000.00 $19,700.00 $15,400.00 $12,500.00 $11,500.00 $5,000.00 $540,498.00 $13,500.00 $118,365.00 $60,000.00 $35,000.00 $8,000.00 $30,000.00 $19,054.00 $13,012.00 $3,000.00 g;:, l , 0 t} {i : �:7' !? ..::t (Ji (J _______ .l I : i --J_; ' " .,,''1•s ;0 ' m��11L·�c� ��s ' e .ll +-· - ------� t . ---/ --{, � -... :.--l.. .. I . Ci' ' I,. !!--!""-, � - :, . -- •·" � . I -,'(�--:·;�W�tF, ',.' 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UJ � ci :J ::i Q ID ozz� QO (.)� UJ � I I- � g � CO!ISl!IUC1lllMOOCUMEN1S �.CMl.iE!_l'lcVIEW �•<l-­owm,i.c,,,MME!_raMEW •:.11nm--RE\IIS-ore SITE LAYOUT PLAN C201 Saturday, September 10, 2022, /Users/jimw/OneDrive - PEDCOR COMPANIES/Transfer files from PC to MAC/Concourse/Concourse rendering copy version/Concourse Rendering.pln, 2 of 8 CRC Renderings - Northeast Perspective 2022 © Village Capital Corporation A Pedcor Development RESOLUTION NO. BPW 09-06-23-05 A RESOLUTION REQUESTING THE FIN ANCING, CONST RUCTION, AND DEDIC ATION OF CERT AIN INF RAST RUCT URE OR OTHER IMPACT ZONE IMPROV EMENTS IN LIEU OF AND AS A CREDIT AGAINST THE PAYMENT OF PA RKS AND REC RE ATION IMP ACT FEES {"PRIF") AND APPROVING A PRIF CREDIT AGREEMENT WHEREAS, Indiana Code 3 6-7-4-133 5 permits the application of a credit against the payment of impact fees for persons who construct or provide certain infrastructure or other improvements of a type for which a unit imposes an impact fee in an impact zone; and, WHEREAS, City of Carmel Unified Development Ordinance § 1.3(F) permits the City of Carmel Board of Public Works and Safety ("Board") to request that any person otherwise required to pay PRIF to instead finance, construct, and dedicate certain infrastructure or improvements in the Parks and Recreation Infrastructure Impact Zone ("Impact Zone") located in Clay Township, Indiana and over which the City of Carmel, Indiana ("City") exercises planning and zoning jurisdiction; and, WHEREAS, City of Carmel Unified Development Ordinance § l .3(F) also permits the Board to determine the amount of PRIF credit any person requested to finance, construct, and dedicate certain infrastructure or improvements in the Impact Zone in lieu of PRIF payment shall receive, and to memorialize this determination in a credit agreement ("Credit Agreement"); and, WHEREAS, the Board now desires to request that Old Town North, LLC, an Indiana Limited Liability Company ("Old Town"), finance infrastructure or improvements that meet the requirements set forth in Indiana Code§ 36-7-4-1335(a), in exchange for a PRIF credit the Board has determined should be in the amount of exactly Fifty-Three Thousand, Seven Hundred Two Dollars ($53,702.00); and, WHEREAS, Old Town shall execute and return to the Board the Credit Agreement set forth on attached Exhibit A, the same being incorporated herein by this reference, prior to the issuance of the improvement location fee for that certain improvement identified on attached Exhibit B, the same being incorporated herein by this reference; and, NO W, THE REFO RE, BE IT RESO LVED by the Board of Public Works and Safety of the City of Carmel, Indiana as follows: 1.The foregoing Recitals are incorporated herein by this reference. 2.The Board hereby requests that Old Town North, LLC finance infrastructure or improvements that meet the requirements set forth in Indiana Code § 36-7-4-1335(a) in exchange for a PRIF credit the Board has determined should be in the amount of exactly $53,702.00, pursuant to the terms and conditions set forth hereinabove. 3.The Board hereby approves the Credit Agreement in the form as set forth in attached Exhibit A. 4.Henry Mestetsky, on behalf of the City and the Board, is hereby authorized and directed to take such actions as are lawful, necessary, and proper to effectuate the transaction approved by this Resolution. Mr. Mestetsky shall deposit the entire credited amount of PRIF into City Fund #902. These funds shall be drawn upon to finance the construction of Parks and Recreation infrastructure and improvements that meet the requirements oflndiana Code § 36-7-4-1335(a). EXHIBIT A PRIF CREDIT AGREEMENT COMES NOW, Old Town North, LLC, an Indiana Limited Liability Company ("Old Town"), by its undersigned, duly authorized agent, and states as follows: Old Town hereby agrees to contribute $53,702.00 toward the construction of infrastructure items or public improvements that meet the requirements of Indiana Code 36-7-4-1335(a), in exchange for a Parks and Recreation Impact Fee ("PRIF") credit not to exceed $53,702.00. After the improvements are completed and have been accepted by the Carmel Board of Public Works and Safety, any remaining unused PRIF shall be made available for use by the Carmel Department of Parks and Recreation, pursuant to the requirements of the City. SO AGREED this -:2'-( day of /4,,�v � , 2023. Old Town North, LLC Printed Name •Townhomes are outlined in red. EXHIBITB 1st STREIT SE (§ §} (0 Al oc=:::::ID I �1 �· !I,. I I I I I I I I BySergeyGrechukhinat10:54am,Aug10,2023 RESOLUTION NO. BPW 09-06-23-09 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: ByAllisonLynch-McGrathat11:20am,Aug29,2023 8/28/2023 MEG & ASSOCIATES LLC INDIANAPOLIS, IN 46280 - 110009 9875 LAKEWOOD DR EAST 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 COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 365626 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 80280 1203Department:101Fund:General Fund 43-590.03Account: EVENT PLANNING & MEDIASERVICES1 $13,500.00 $13,500.00Each 13,500.00SubTotal 13,500.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/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. 110009 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck James Crider Director Director of Administration BySergeyGrechukhinat2:56pm,Aug29,2023 All Star Paving, Inc. Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110008 Contract Not To Exceed $1,985,376.00 Department Bid Proposal Package for “Project 22-ENG-13 Miscellaneous Path Connections” received by the City of Carmel Board of Public Works and Safety on or about August 16, 2023, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and are fit and sufficient for their particular purpose. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 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) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision S:\\Contracts\\Departments\\ENG\\2023\\All Star Paving, Inc. Goods and Services.docx:8/29/2023 10:09 AM\] 2 All Star Paving, Inc. Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110008 Contract Not To Exceed $1,985,376.00 of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, 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. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor S:\\Contracts\\Departments\\ENG\\2023\\All Star Paving, Inc. Goods and Services.docx:8/29/2023 10:09 AM\] 3 All Star Paving, Inc. Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110008 Contract Not To Exceed $1,985,376.00 under or pursuant to this Agreement 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: All Star Paving, Inc. 4320 N US Hwy 31 PO Box 1109 Seymour, Indiana 47274 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. S:\\Contracts\\Departments\\ENG\\2023\\All Star Paving, Inc. Goods and Services.docx:8/29/2023 10:09 AM\] 4 All Star Paving, Inc. Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110008 Contract Not To Exceed $1,985,376.00 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2023 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 27. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 28. DEBARMENT AND SUSPENSION 28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. S:\\Contracts\\Departments\\ENG\\2023\\All Star Paving, Inc. Goods and Services.docx:8/29/2023 10:09 AM\] 5 All Star Paving, Inc. Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110008 Contract Not To Exceed $1,985,376.00 28.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 29. IRAN CERTIFICATION. Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 29. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. S:\\Contracts\\Departments\\ENG\\2023\\All Star Paving, Inc. Goods and Services.docx:8/29/2023 10:09 AM\] 6 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. BySergeyGrechukhinat9:30am,Aug30,2023 BySergeyGrechukhinat10:03am,Aug15,2023 BySergeyGrechukhinat10:03am,Aug15,2023 2/15/2022 BEAM, LONGEST & NEFF, LLC INDIANAPOLIS, IN 46250 - 106290 8320 CRAIG STREET 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 ASA 1 - 20-ENG-01 Smoky Row Road – Old Meridian to Range Line Road RAB - Inspection City Engineering's Office 1 Civic Square Carmel, IN 46032- 00351110 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Laurie Slick 63492 2200Department:0Fund:2020 Road Bond 44-628.71Account: ASA 1 - 20-ENG-01 Smoky Row Road – Old Meridian to Range Line Road RAB - Inspection 1 $606,000.00 $606,000.00Each ASA 1a - 20-ENG-01 Smoky Row Road – Old Meridian to Range Line Road RAB - Inspection Supplement 1 $134,200.00 $134,200.00Each 740,200.00SubTotal 740,200.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/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. 106290 ORDERED BY TITLE CONTROLLER City Engineering's Office 1 Civic Square Laurie Slick Carmel, IN 46032- Jeremy Kashman Director BySergeyGrechukhinat2:55pm,Aug29,2023 BySergeyGrechukhinat1:42pm,Aug18,2023 BySergeyGrechukhinat1:42pm,Aug18,2023 BySergeyGrechukhinat3:52pm,Aug22,2023 BySergeyGrechukhinat1:08pm,Aug29,2023 BySergeyGrechukhinat11:50am,Aug15,2023 A City ®f Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155002 0 Pagel of 1 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT I 9 T VO THIS NUMBER MUST APPEAR ON INVOICES,A/PONECIVICSQUARE35.6000972 CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE JDATE REQUIRED REQUISITION NO. VENDOR NO I DESCRIPTION 8/15/2023 00351453 22-ENG-13 - Shelborne Path appraisal services TRAYNOR & ASSOCIATES, INC City Engineering's Office VENDOR 6750 E 75TH ST SHIP 1 Civic Square TO Carmel, IN 46032- INDIANAPOLIS, IN 46250 - Laurie Slick PURCHASED BLANKET CONTRACT PAYMENTTERMS FREIGHT 79967 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund:0 Account., 44-628.71 1 Each Send Invoice To: Jill Newport CrossRoad Engineers, PC 115 N. 171h Avenue Beech Grove, IN 46107 2022 Bond 22-ENG-13 - Shelborne Path appraisal services hi!v[7 2,000.00 $2,000.00 Sub Total $2,000.00 inewoort &crossroadenaineers com PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $2,000.00 SHIPPING INSTRUCTIONS ' AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A SHIP PREPAID. PART OF THE VOUCHER ANO EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Jeremy Kashman TITLE Director CONTROL NO. 109978 CONTROLLER BySergeyGrechukhinat1:26pm,Aug14,2023 RESOLUTION NO. BPW 09-06-23-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: BySergeyGrechukhinat9:26am,Aug15,2023 BySergeyGrechukhinat2:49pm,Aug17,2023 BySergeyGrechukhinat1:34pm,Aug18,2023 Cintas Corporation #18 Street Department - 2023 Appropriation #2201 2201 43-565.01 Motor Vehicle Highway Fund; P.O. #108686 Contract Not To Exceed $39,000.00 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) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, 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. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Street\\2023\\Cintas Goods and Services.docx:5/2/2023 12:23 PM\] 2 Cintas Corporation #18 Street Department - 2023 Appropriation #2201 2201 43-565.01 Motor Vehicle Highway Fund; P.O. #108686 Contract Not To Exceed $39,000.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, itshall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. S:\\Contracts\\Departments\\Street\\2023\\Cintas Goods and Services.docx:5/2/2023 12:23 PM\] 3 Cintas Corporation #18 Street Department - 2023 Appropriation #2201 2201 43-565.01 Motor Vehicle Highway Fund; P.O. #108686 Contract Not To Exceed $39,000.00 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Street Department Office of Corporation Counsel st3400W. 131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Cintas Corporation #18 PO Box 630803 Cincinnati, Ohio 45263-0803 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide S:\\Contracts\\Departments\\Street\\2023\\Cintas Goods and Services.docx:5/2/2023 12:23 PM\] 4 Cintas Corporation #18 Street Department - 2023 Appropriation #2201 2201 43-565.01 Motor Vehicle Highway Fund; P.O. #108686 Contract Not To Exceed $39,000.00 such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2023 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 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Rental $0.613 $6.743 X388 SUSAN CARGO PANTS/WM - Rental $0.716 $7.876 X382 CARHARTT CARP JN - Rental $0.479 $5.269 X386 CARHARTT JEAN STRETCH DENIM - Rental $0.987 $10.857 X381 CARHARTT 5PKT JN - Rental $0.484 $5.324 X385 CARGO SHORT - CATHY - Rental $0.697 $7.667 X370 CARGO SHORTS - Rental $0.663 $$7.293 X912 COVERALL - Rental $0.293 $3.223 X935 COMFORT SHIRT - Rental $0.598 $6.578 X394 CINTAS DENIM JEAN - Rental $0.856 $9.416 X270 CARGO PANT - Rental $0.309 $3.399 X74533 CARHARTT PANT STRETCH RPSTP - Rental $0.895 $9.845 X383 CARHARTT PANT - Rental $0.483 $5.313 X330 COTTON WORK SHIRT - Rental $0.234 $2.574 FACILITY SERVICES Material # Material Description Amount X10202 3X10 XTRAC MATONYX - Rental $8.444 X10184 3X5ACTIVE SCRAPER - Rental $1.788 X10189 3X5 XTRAC MAT ONYX - Rental $5.425 X10192 4X6 XTRAC MAT ONYX - Rental $6.965 X2160 SM SHOP TWL-RED - Destroy $1.007 X2160 SM SHOP TWL-RED - Rental $0.120 X2964 STRIPE SWIPE TOWEL - Destroy $1.732 X2964 STRIPE SWIPE TOWEL - Rental $0.482 X2963 TEA TWLS-WHITE - Destroy $3.146 X2963 TEA TWLS-WHITE - Rental $0.805 X2650 WETMOP LARGE - Rental $2.475 ANCILLARY Material Description Amount WHITE/ NAVY/ WHITE EMBLEM NAME $2.300 SERVICE CHARGE - Rental $3.950 WHITE/ NAVY/ WHITE COMPANY LOGO $3.795 SIZEPREMIUM $0.160 PREP ADVANTAGE $0.070 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: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 4/19/2023 CINTAS CORPORATION #18 CINCINNATI, OH 45263--0803 108686 PO BOX 630803 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 Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 197000 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 75868 2201Department:2201Fund:Motor Vehicle Highway FND 43-565.01Account: LaundryServices1 $39,000.00 $39,000.00Each 39,000.00SubTotal 39,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/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. 108686 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner BySergeyGrechukhinat8:59am,Aug14,2023 50.00 9000.00 21.50 3870.00 120.00 36,000.00 15.50 6200.00 105.00 32550.00 75.00 1500.00 75.00 7500.00 15.00 1800.00 759.00 99,179.00 8/7/2023 ENGLEDOW, INC CARMEL, IN 46032 - 109957 1100 E 116TH ST City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 358653 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 79749 2201Department:2201Fund:Motor Vehicle Highway FND 42-390.34Account: HolidayDecorations1 $70,000.00 $70,000.00Each 70,000.00SubTotal 70,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/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. 109957 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner 8/7/2023 ENGLEDOW, INC CARMEL, IN 46032 - 109956 1100 E 116TH ST City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 358653 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 79748 1206Department:101Fund:General Fund 42-390.34Account: Holiday MarketDecorations1 $29,179.00 $29,179.00Each 29,179.00SubTotal 29,179.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/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. 109956 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner BySergeyGrechukhinat1:05pm,Aug23,2023 City of Carmel Street Department Quote Request for Service Installing Decorations to Carmel Holiday Market Dates of Service: thInstallationtobecompletedbyMondayNovember13, 2023 ndthRemovalofdecorationtobebetweenJanuary2andJanuary15, 2024. Use attached 2021 depiction to aid in layout. Please note some changes in hut location between 2021 and 2023. A2023 depiction isalso provided to assist in layout design. Location of Service: 1Carter Green, Carmel, IN 46032 Materials for Service: All material will be provided by the City of Carmel Street Department. Details of Decoration: A. Light Post (28) 1. Wrap each light post with approximately 30 linear feet of fresh Fraser Fir Rope Garland. 2. Wrap each light post with 2 strands of70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length. Light strings shall follow rope garland. 3. Ornaments B. Bollards (49) 1. Wrap each bollard with approximately 12 linear feet of fresh Fraser Fir Rope Garland. 2. Wrap each bollard with 1strand of 70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length. Light strings shall follow rope garland. C. Christkindl Market Buildings (51) 1. Line the front and sides (not the back) of the roof lines with approximately 55 linear feet of fresh Fraser Fir Rope Garland. 2. Line the front and sides of the roof lines with 1 strand of Globe String Lights, G50 Bulb, 50 Ft. Green C7 Strand, Warm White. Light string shall follow rope garland. 3. Fill the front gable with approximately 60 linear feet of fresh Fraser Fir Garland 4. Fill the front gable area with approximately 3 strands of 70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length. 5. Hang 1 fresh Fraser Fir Wreath per sides (not front and back) of building exposed to pedestrian view. 6. Swagger approximately 6linear feet of fresh Fraser Fir Garland Rope underneath wreath per side of building. 7. Swagger 1 strand of70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length. Light string shall follow rope garland. D. Christkindl Skate Rental Building & Kids Activity Center & Grill Hut (3) 1. Line the front and sides and back ofthe roof lines with approximately 85 linear feet of fresh Fraser Fir Rope Garland. 2. Line the front and sides of the roof lines with 2strands of Globe String Lights, G50 Bulb, 50 Ft. Green C7 Strand, Warm White. Light strings shall follow rope garland. 3. Fill the front gable with approximately 60 linear feet of fresh Fraser Fir Garland 4. Fill the front gable area with approximately 3 strands of 70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length. 5. Hang 7 fresh Fraser Fir Wreaths (2 on each side and 3on the front) of Skate Rental Building. 6. Swagger approximately 42 linear feet of fresh Fraser Fir Garland Rope (approximately 6’ underneath each wreath). 7. Swagger 3strands of 70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length. Light strings shall follow rope garland. E. Christkindl Zamboni Rental Building (1) 1. Line the front and sides (not the back) of the roof lines with approximately 55 linear feet of fresh Fraser Fir Rope Garland. 2. Line the front and sides of the roof lines with 1 strand of Globe String Lights, G50 Bulb, 50 Ft. Green C7 Strand, Warm White. Light string shall follow rope garland. 3. Fill the front gable with approximately 60 linear feet of fresh Fraser Fir Garland 4. Fill the front gable area with approximately 3 strands of 70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length. 5. Hang 6fresh Fraser Fir Wreaths (2 on each side and 3 on the front) ofZamboni Building. 6. Swagger approximately 36 linear feet of fresh Fraser Fir Garland Rope (approximately 6’ underneath each wreath). 7. Swagger 2 strands of 70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length. Light strings shall follow rope garland. 8. Hang 4 - 20" LED 18 Point Snowflake on accordion building doors. Do not interfere with door operation. F. Ice Rink Perimeter 1. Swagger approximately 540 linear feet of fresh Fraser Fir Rope Garland around outside perimeter of glass of ice skating rink. Keep hand rail clear. 2. Swagger approximately 23 strands of70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length. Light strings shall follow rope garland. G. Temporary Decorative Screening Fence Between Buildings 1. Hang 26 fresh Fraser Fir Wreaths distributed evenly throughout the market on fencing facing pedestrian view. 2. Swagger approximately 300 linear feet offresh Fraser Fir Rope Garland underneath each wreath and to edges offence. Connect swagger around corners when possible. 3. Swagger approximately 13 strands of70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length. Light strings shall follow rope garland. H. Portable Event Fencing (6) 1. Swagger approximately 36 linear feet offresh Fraser Fir Rope Garland on side of fence facing ice rink for each 24’ long piece of event fence. Keep hand rail clear. 2. Swagger approximately 2 strands of 70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length for each 24’ long piece of event fence. Light strings shall follow rope garland. I. Oak Trees on the Green (32) 1. Decorate the 32 oak trees on the Green with strand of 70 M5 Warm White LED Christmas Lights, 4" Spacing, 24’ length. Attach strands from the ground; top strands use the boom truck. 16 tree receptacle stakes are used for the trees directly adjacent to the Center Green. Plug LED mini lights on these 16 trees with male-ends at base of tree. Zip tie lights to base of tree and wrap lights in circles around base (3inch spacing between rings). For the 16 trees on the outer side of the crushed pathway, wrap the trees with the female-ends at the base of the tree. Attach all 6strands to the tree. The bucket truck is needed to complete the top of the tree. The bucket truck also needs to plug the 20’ gray extension cord from the top of one tree to the top of the second tree. Be sure to check plugs so male end is plugged into electrical plug at bollards Use 32 - 15” black zip ties to secure lights to trunk of trees. J. Monon Greenway Border 1. Along the Monon, there is 523’ of the following pattern: PLANTER BOX; PICKET FENCE; PLANTER BENCH; PICKET FENCE. There will be 20 groups of this pattern, and the total pattern length is estimated at 26’ 6”. The planter boxes will 5’ 3” long with 3arborvitae bushes inthem. The planter benches will not get decoration. The picket fences will be 8’ long and get live evergreen garland decoration. EXECUTION: 1.2 INSTALLATION thA. Holiday decorations shall be installed before November 13, 2023. All lights shall be tested prior to this date and replaced where needed. B. Exact locations of elements such aswreaths, trees and garland shall be approved by Carmel Street Department. Schedule meeting for adjustments with Carmel Street Department a minimum of 1 week prior to completion. ndC. Contractor shall remove garland from light posts and bollards after January 2 and before January th15. String lights shall remain on light posts and bollards until the removal of the temporary ice skating rink. String lights shall be removed from light posts and bollards and stored with company performing work. D. Fresh cut garland rope and wreaths on Christkindl Market buildings and temporary decorative ndfenceshallberemovedanddisposedofafterJanuary2 and before January 15. String lights around garland shall be stored with company performing work. END OF SPECIFICATIONS 8/14/2023 ENGLEDOW, INC CARMEL, IN 46032 - 109975 1100 E 116TH ST City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 358653 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 79940 2201Department:2201Fund:Motor Vehicle Highway FND 43-504.00Account: HolidayLabor1 $42,000.00 $42,000.00Each 42,000.00SubTotal 42,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/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. 109975 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner 8/14/2023 ENGLEDOW, INC CARMEL, IN 46032 - 109976 1100 E 116TH ST City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 358653 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 79941 1206Department:101Fund:General Fund 43-504.00Account: InstallingDecorations1 $18,000.00 $18,000.00Each 18,000.00SubTotal 18,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/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. 109976 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner BySergeyGrechukhinat2:45pm,Aug17,2023 Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDERNUMBER FEDERAL EXCISE TAXEXEMPT 108569 35-6000972ONECIVICSQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 2/28/2023376617 LRT RESTORATION TECHNOLOGIES Street Department VENDORSHIP990NMAINST 3400 W. 131st Street TOPOBOX569 Carmel, IN 46074- MONROE, OH 45050 - (317)733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 74551 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1206101General Fund Account: 43-509.00 1EachSophia Square Waterproofing$545,405.99$545,405.99 Sub Total 545,405.99 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317)733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 545,405.99 ORDERED BY Lee HigginbothamJames Crider TITLECommissionerDirector ofAdministration 108569 CONTROLLER BySergeyGrechukhinat11:18am,Aug16,2023 Omni Electric, LLC Street Department - 2023 Appropriation #1801 0 43-419.99 2021 TIF Bonds Fund; P.O. #109912 Contract Not To Exceed $26,975.00 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) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, 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. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Street\\2023\\Omni Electric, LLC Goods and Services.docx:8/1/2023 10:12 AM\] 2 Omni Electric, LLC Street Department - 2023 Appropriation #1801 0 43-419.99 2021 TIF Bonds Fund; P.O. #109912 Contract Not To Exceed $26,975.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. S:\\Contracts\\Departments\\Street\\2023\\Omni Electric, LLC Goods and Services.docx:8/1/2023 10:12 AM\] 3 Omni Electric, LLC Street Department - 2023 Appropriation #1801 0 43-419.99 2021 TIF Bonds Fund; P.O. #109912 Contract Not To Exceed $26,975.00 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Street Department Office of Corporation Counsel st3400W131Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Omni Electric, LLC 2697 South 300 West Tipton, Indiana 46072 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide S:\\Contracts\\Departments\\Street\\2023\\Omni Electric, LLC Goods and Services.docx:8/1/2023 10:12 AM\] 4 Omni Electric, LLC Street Department - 2023 Appropriation #1801 0 43-419.99 2021 TIF Bonds Fund; P.O. #109912 Contract Not To Exceed $26,975.00 such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2023 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. S:\\Contracts\\Departments\\Street\\2023\\Omni Electric, LLC Goods and Services.docx:8/1/2023 10:12 AM\] 5 750.005,500.002,250.001,475.00Amount17,000.00 25,500.00 x Exempt07/21/23 Ta 26,975.00 OtherProposal est 131 Street Proposal to: CityofCarmel3400 WCarmel, IN 46074 Equipment Labor 17,000.001,475.00 17,000.00otals: ax for Material: e will either do this via one bore from next to P1 cabinet to Sales TGrand T Material 8,500.005,500.00750.002,250.00 otal: Sub T est ThisisaproposalfortheCityofCarmelfortheinstallationofconduitandelectricalfromanexistingelectricalP1cabinettotheadjuacentroundaboutof96thStreetandGrayRoad.Estimateddistanceistobenomorethan200feetintotallength.- Bore (1) - 4" conduittoconnecttheexistingelectricalP1cabinettheroundabout. Ifatthistime4" conduitisnotavailable, customerwillallowustouse (2) - 2" conduits. WroundaboutorwewillborefromP1cabinettothesplinterandthentotheroundabout.- Installupto (3) quaziteboxes; onetobeplacedoutsideoftheP1cabinet, onetobeplacedasaconnectionpointinthesplinter (ifwehavetogothispath), andonetobeplacedwithintheroundaboutwheretheconduitwillstop.- 13" x24" x12" QuazitetobeplacedadjacenttoP1cabinet- 12" x12" x12" Quazitetobeplacedwithinthesplinter- 13" x24" x12" Quazitetobeplacedattheendoftheconduitwithintheroundabout- Installthequazitewithintheroundaboutatleast8feetfromthecurb (FinallocationtobeconfirmedbyCarmelStreetDepartment)- Pull 2) runs of #10 THHN from the existing electrical P1 cabinet to the roundabout quazite, termiante the wiring in Notes: ax: 7.00 % Job:230723 96TH & Gray Road(bore) 2697 South 300 WTipton, IN46072765-675-4443Description Sales TOMNIElectricLLCMisc. SuppliesSand(backfilling)Asphalt PatchingLabor/BoringPrivate Locates 07/21/23 07/21/202309:27 AM Amount water Other Equipment Labor Material rktobecompletedduringnormalbusinesshours.rk to be completed within 60 days of project approval. completedinfullbyothers.ExistingP1cabinettohaveanexisting4" sleeveforustoconnectontothatwewilldirecttothequaziteweinstalljustoutsideoftheP1cabinet.CustomertoprovidelocationinsideofCarmelforustodump, cleanout, andrefillthewaterforthevactrailermetertobeprovidedbyCityofCarmel)Omniisnotresponsibleforanyunmarkedundergroundutilities, landscape, finalgrading, grassseeding, ect.Nopermitsareaccountedfortogetlaneclosuresasneededtocompletethisscopeofwork.WoWo DescriptionOmniProposalContinued... City of Carmel Street Department 96th St and Gray Rd Electrical Install Specifications The City of Carmel Street Department is requesting quotes for the installation of conduit and electrical lines from an existing electrical P1 cabinet to the adjacent roundabout of 96th St and Gray Rd. The estimated distance for this conduit is approximately 200 ft. See the attached aerial for the depiction of the preferred conduit path. Any deviation must be approved by City of Carmel Street Department. Contractor must: Bore one 4” conduit to connect the existing electric P1 cabinet, located at the NW area of the roundabout, to terminate within the roundabout Contractor may substitute two 2” conduits for this project Install three quazite boxes (sized below) at a junction outside the P1 cabinet, a connection point in the North divider island, and within the center of the roundabout termination point 13” x 24” x 12”: Adjacent to P1 Cabinet 12” x 12” x 12”: Within median (North divider island) 13” x 24” x 12”: Conduit termination point within the roundabout Install the quazite box within roundabout at least 8’ from the curb (final location to be confirmed by Carmel Street Department) Pull two dedicated 120V circuits from inside the electrical P1 cabinet to the inside of the roundabout quazite box, leaving 10’ of wire coiled inside the P1 cabinet and 10’ of wire coiled at the termination quazite box The attached utility map locations are preliminary, and these locations have not been verified by the Carmel Street Department. The contractor is responsible for line locates before work may begin. Please price to have work completed 60 days of project approval. Any questions regarding this quote may be directed to Ryan Murt at 317-733-2014 and Rmurt@carmel.in.gov. All quotes must be sent by email to cedmondson@carmel.in.gov by noon EST Friday July 21st, 2023. MAG PZZZ PZZZ PZZZ PZZZ LD WV WV H H G MON H WV LD LD LD PZZZPZZZPZZZ WV H T T CC-TR H PZZZ LD PZZZ PZZZ PZZZ R/WRB-0 MON MON 16-ENG-34 1" = 20' ELM TPH SJS ELM N/AMATCHLINE STA. 66+00 "A"MATCHLINE STA. 71+ 00 "A"MATCHLINE STA. 15+80 "S- 2-A" MATCHLINE STA. 12+60 "S-2- A"82CONSTRUCTION DETAILS RIVER RIDGE CROSSING WEST, L. P. TRUSTEE'S DEED INST #2002-0056031 MARION COUNTY BOARD OF COMM DEDICATION OF R/ W INST #2001-0151062 96th STREET - LINE "A"1 2 5/ 16/ 2017 01 06/ 26/ 2018 - Updated Storm Sewer 01 01 38 98 1516 15. 00' Lt. 68+65. 00 "A"Center of Roundabout INDIANA MEMBERS CREDIT UNION DEED OF BARGAIN AND SALE INST # 200500046125 HAMILTON CO.CLAY TWP.SEC. 8, T17N, R4E LOT 2 INST #A201600002308 BANKING ASSOC. A NATIONAL OLD NATIONAL BANK CITY OF INDIANAPOLIS,DEPT. OF TRANSPORTATIONGRANT OF RIGHT OF WAY INST # 1997-0145287RIVER RIDGE DRIVERIGHT OF WAY DEDICATION CITY OF INDIANAPOLIS INST # 97-0098826 RRW OUTLOTS, LP QUITCLAIM DEED INST #2002- 0158683 OUTLOT # 3 MARION CO.WASHINGTON TWP.SEC. 17, T17N, R4E GPB REALTY, LPQUITCLAIM DEED INST # 2003-0214988AMERICAN AGGREGATES CORPORATION WARRANTY DEED D.R. 150, PAGE 552 HAMILTON CO.CLAY TWP.SEC. 9, T17N, R4E MARION CO.WASHINGTON TWP.SEC. 16, T17N, R4E LINE "A"P. O.T. 14+00. 00 "S-2- A"P.O.T. 68+76.55 "A"= P.I. 68+76. 55 "A"LINE " S-2-A" 96th STREETGRAYROAD70+ 00App. Exist. R/WApp. Exist. R/ WApp. P.L. App. P. L.App. Exist. R/WApp. P. L.App. Exist. R/ W App. Exist. R/ W App. P. L. App. P. L. App. P. L. App. P. L. App. Exist. R/ W App. P. L. App. Sec. Line App. Exist. R/ W App. Exist. R/ W App. Exist. R/ WApp. P. L. 1 8 rcp 36" rcp12" rcp12" rcp 15" rcp to 12" rcp12" rcp30" rcp27" rcp 12" rcp 15 15 15 15 15 15 15 16 16 15 15 15 15 1616 16 16 16 16 27 K K K K K K K K K K K K K K K 15 27 27 27 14 14 TA TA 13 13 27 27 F1 F1 K 10'Match Existing2727 75' Lt. 65 "S- 2-A"105' Lt. 05 "S-2-A"Ex. R/ W Lt. 95.00 "A"Ex. R/ W Rt. 62. 00 " A" 60' Rt. 20 "S-2-A"Ex. R/W Lt. 15. 00 " A" 27 27 27 27 27 27 27 15 15 23 90' Rt. 90 " S-2-A"Const. Limits Const. Li mits Const. Limits Const. LimitsConst. LimitsConst. Limits Unless Otherwise Indicated 1. All Stationing from Line "A"Notes:Roadway Dimensions 2. See Roundabout Geometrics for Future 6' Sidewalk Crosswalk Future 100' RP.O. T. 70+80.05 " A" Future 6' Sidewalk Crosswalk Future Crosswalk Future Crosswalk Future Future 10' Multi- Use Path27 to Str. No. 211 Connect existing 27" Pipe Ex. Inlet to be removed 73, Str. No. EX502 to Str. No. 224 Connect existing 36" Pipe Ex. MH to be removed 87, Str. No. EX505 13 Curb Construction Temp. R/W for 105' Lt. 65 "S-2- A"1 2 F3 27 27 F3 EASEMENT 2' NON- ACCESS U.E. EASEMENT 15' L. M.E & D. &Storm Sewer Installation Temp. R/W for 36" rcp 60' Rt. 35 "S-2-A"Ex. P.L. Lt. 10.76 "S-2-A"Ex. P.L. Lt. 84.55 P.L. " S-2-A" to be removed Ex. Inlet & 13' of 12" Pipe 91 "S-2-A", Str. No. EX707A to be removed 97' of 18" Ex. Pipe NW 23, Str. No. EX504 tobe removedEx. Inlet & 10' of 12" Pipe 06 "S- 2-A", Str. No. EX708to be removed Ex. Inlet & 30' of 12" Pipe 20 "S-2-A", Str. No. EX710 to be romoved Ex. Inlet & 72' of 15" Pipe 91 "S-2- A", Str. No. EX707 to be removed Ex. MH & 82' of 36" Pipe 07 " S-2-A", Str. No. EX709R/WR/W R/W R/WR/Wof 12" Pipe Req' d Mod. CB Type K-10 & 17'20, Str. No. 205 on existing18" RCP Doghouse MH Type C-4 22, 46' Str. No. 206 on existing 18" RCP Doghouse MH Type C-4 06, 45' Str. No. 214 on existing 18" RCP Doghouse MH Type C-4 71, 45' Str. No. 210 of 12" Pipe Req'd Mod. CB Type K-10 & 26'10, Str. No. 215 of 12" Pipe Req'd Mod. CB Type K-10 & 24'67, Str. No. 209 of 12" Pipe Req'd Mod. CB Type K-10 & 5'00, Str. No. 213 of 15" Pipe Req'd MH Type C- 4 & 22'99, 62' Str. No. 212 of 15" Pipe Req'd MH Type C-4 & 56' 55, 83' Str. No. 217 of 12" Pipe Req'd MH Type C-4 & 31' 82, 104' Str. No. 220 of 12" Pipe Req'd Mod. CB Type K-10 & 9'60, Str. No. 218 of 12" Pipe Req'd Mod. CB Type K-10 & 2'85, Str. No. 223 36" RCP MH Type K-4 on existing 87, 57' Str. No. 224 of 12" Pipe Req'd MH Type C-4 & 25'47, 40' Str. No. 232 of 30" Pipe Req'd MH Type J-4 & 79'17, 50' "S-2-A" Str. No. 417 of 12" Pipe Req'd MH Type C-4 & 39'89, 41' Str. No. 233 of 12" Pipe Req'd Mod. CB Type K-10 & 9'90, Str. No. 234 of 12" Pipe Req'd Mod. CB Type K-10 & 9'45, Str. No. 231 of 12" Pipe Req'd Mod. CB Type K-10 & 9'15, Str. No. 227 of 15" Pipe Req'd MH Type C-4 & 29' 19, 47' Str. No. 228 of 12" Pipe Req'd MH Type C- 4 & 4'27, 55' Str. No. 230 of 12" Pipe Req'd MH Type C-4 & 39'68, 72' Str. No. 222 of 12" Pipe Req'd MH Type C-4 & 38'74, 41' "S-2-A" Str. No. 413 of 12" Pipe Req'd MH Type C- 4 & 61'74, 54' "S-2- A" Str. No. 414 of 12" Pipe Req' d Mod. CB Type K-10 & 5'76 "S- 2-A", Str. No. 415 of 12" Pipe Req'd Mod. MH Type C-10 & 21' 53, Str. No. 208 of 12" Pipe Req'd Mod. MH Type C-10 & 77' 26, Str. No. 229 of 12" Pipe Req'd Mod. CB Type R-13 & 33'Str. No. 416 04, 25' " S-2-A" 27" RCP Mod. MH Type J- 7 on existing 73, 60' Str. No. 211 88'R90'R150'R& 10' of 12" Pipe Req' d Mod. CB Type K-10 08, Str. No. 225 of 12" Pipe Req'd Mod. MH Type C-7 & 15'10, 63' Str. No. 226 of 12" Pipe Req'd Mod. CB Type R-13 & 25'61, Str. No. 221 Fill 138' of 27" Pipe to be removed & Flowable Ex. Inlet & 41' of 27" Pipe 63 "S-2- A", Str. No. EX711 to Str. No. 216 Connect existing 18" Pipe to be removed Ex. MH & 70' of 18" pipe 29, Str. No. EX503 of 12" Pipe Req'd Mod. CB Type K-10 & 8'60, Str. No. 219 on existing 18" RCP Doghouse MH Type C-4 55, 45' Str. No. 216 BMP Structure 75, 58' Str. No. 224A LimitsConst. Gas Line Do Not Disturb of 12" Pipe Req'd Mod. MHType C- 7 & 62'64, 67' " S-2-A" Str. No. 419 of 12" Pipe Req'd Mod. MH Type C-10 & 19'Str. No. 418 47 " S-2-A",of 12" Pipe Req'd Inlet Type J-10 & 29'Str. No. 419A 78 "S-2-A",NO CURVE RUN PI Sta. = 68+ 76. 55 "A"CURVE DATA LEGEND K 13 15 16 14 27 Mulched Seeding, UF1 C See Typical Cross Sections HMA for Sidewalk,D 22See TypicalCrossSectionsFull Depth HMA Pavement, Subgrade Treatment Type II PCCP for Approaches, 9", on Subgrade Treatment Type II HMA For Approaches, on R Curb & Gutter, Combined, Type III Curb & Gutter, Combined, Type II MH = Manhole CB = Catch Basin 23TAF3 Type D, Modified Concrete Center Curb, Type B, ModifiedConcrete Center Curb, 165 lb/yd HMA Type C, 4, 76, Surface, 9. 5 mm with2 1Milling, Asphalt, 1 2 F2 SeeTypicalCross Sections Concrete Sidewalk,4" PCCP, 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: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 7/25/2023 OMNI ELECTRIC LLC TIPTON, IN 46072 - 109912 2697 SOUTH 300 WEST 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 City of Carmel 3400 W 131st St Carmel, IN 46074- 317) 733-2001 375598 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Crystal Edmundson 79426 1801Department:0Fund:2021 TIF Bonds 43-419.99Account: ElectricalInstallation1 $26,975.00 $26,975.00Each 26,975.00SubTotal 26,975.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/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. 109912 ORDERED BY TITLE CONTROLLER City of Carmel 3400 W 131st St Crystal Edmundson Carmel, IN 46074- Henry Mestetsky Henry Mestetsky 317) 733-2001 Director Director Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-21-23 STREET Privett 8-22-23 CFD Heavner 8-21-23 ENGINEERING Kirsh 8-24-23 CRED Brewer 8-29-23 Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-25-23 STREET Privett 8-25-23 CFD Heavner 8-25-23 ENGINEERING Kirsh 8-24-23 CRED Brewer 8-29-23 **Kevin Hetrick is requested to contact Carmelview Dr. residents prior to event so they are aware of race day/ time. Residents will be allowed to travel in/out. Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-29-23 STREET Privett 8-29-23 CFD Heavner 8-29-23 ENGINEERING Kirsh 8-29-23 CRED Brewer 8-29-23 ---- PM ___ PM Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-25-23 STREET Privett 8-25-23 CFD Heavner 8-25-23 ENGINEERING Kirsh 8-24-23 CRED Brewer 8-29-23 --- PM ---- PM Clerk 8-29-23 BPW 9-6-23 2024 Farmers Market Reviewed/Approved CPD Horner 8-18-23 CFD Heavner 8-18-23 CRED Brewer 8-29-23 ENGINEERING KIrsh 8-18-23 STREET Privett 8-18-23 CENTER FOR PERFORMING ARTS Steeg 8-22-23 REI Brock 8-22-23 Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-11-23 STREET Privett 8-24-23 CFD Heavner 8-11-23 ENGINEERING Kirsh 8-14-23 CRED Brewer 8-29-23 Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-14-23 STREET Privett 8-15-23 CFD Heavner 8-15-23 ENGINEERING Kirsh 8-14-23 CRED Brewer 8-14-23 Parking on one side of 146th St. frontage road from Towne to Shelbourne. Clerk 8-19-23 BPW 9-6-223 MAYOR APPROVED 8-10-23 BPW RETRO-RATIFICATION Reviewed/Approved CFD Horner 8-10-23 STREET Privett 8-10-23 CFD Heavner 8-10-23 ENGINEERING Kirsh 8-10-23 CRED Brewer 8-10-23 Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-17-23 STREET Privett 8-17-23 CFD Heavner 8-17-23 ENGINEERING Kirsh 8-17-23 CRED Brewer 8-17-23 Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-21-23 STREET Privett 8-24-23 CFD Heavner 8-18-23 ENGINEERING Kirsh 8-18-23 CRED Brewer 8-29-23 RETRO-RATIFICATION CITY EVENT 12 x 36 or smaller --------------------------Monon Blvd North Monon Blvd North Clerk 8-29-23 BPW 9-6-23 MAYOR APPROVED 8-17-23 BPW RETRO-RATIFICATION Reviewed/Approved CPD Horner 8-17-23 ENGINEERING Kirsh 8-17-23 CFD Heavner 8-17-23 CRED Brewer 8-17-23 STREET Privett 8-17-23 Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-15-23 STREET Privett 8-15-23 CFD Heavner 8-15-23 ENGINEERING Kirsh 8-16-23 CRED Brewer 8-29-23 Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-21-23 STREET Privett 8-22-23 CFD Heavner 8-21-23 ENGINEERING 8-24-23 CRED Brewer 8-29-23 Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-21-23 STREET Privett 8-22-23 CFD Heavner 8-21-23 ENGINEERING Kirsh 8-24-23 CRED Brewer 8-29-23 Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-21-23 STREET Privett 8-22-23 CFD Heavner 8-21-23 ENGINEERING Kirsh 8-24-23 CRED Brewer 8-29-23 PARTY DATE RAIN DATE Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-10-23 STREET Privett 8-10-23 CFD Heavner 8-10-23 ENGINEERING Kirsh 8-18-23 CRED Brewer 8-29-23 Clerk 8-29-23 BPW 9-6-23 Reviewed/Approved CPD Horner 8-17-23 STREET Privett 8-17-23 CFD Heavner 8-17-23 ENGINEERING KIRSH 8-17-23 CRED Brewer 8-17-23 UNDERGROUND & BURIED UTILITY DISTRICT WAIVER REQUEST SMALL CELL PERMIT SC-2023-00003 Stephen Carr 2894 Aldersgate Drive Greenwood, IN 46143 317-446-7747 scarr@stevecarr.hostpilot.com AT&T Mobility 2894 Aldersgate Drive Greenwood, IN 46143 317-446-7747 scarr@stevecarr.hostpilot.com APPLICANT FACILITY OWNER The applicant listed below requests the Board of Public Works and Safety grant a waiver from the requirements of the Underground and Buried Utility District (BPW Res. 04-28-17-01) to facilitate installation of above ground small cell facilities within Carmel's dedicated right-of-way. Location 1 11197 Ditch Rd PROPOSED SITES 11589 Ditch RdLocation 2 Location 3 Location 4 Location 5 12348 Clay Center Rd 1803 W Main St The Department of Engineering has determined this request to be valid and recommends approval the waiver, subject to the following conditions: ·The waiver is limited to the design and placement of small cell facilities, support structures, control cabinets and other appurtenances as shown on the construction plans submitted to the Department of Engineering as part of Small Cell Permit No. SC-2023-00003 · This waiver applies only to the locations listed above. · Approval of this waiver does not guarantee approval of any future requests. ___________________________________________ Jeremy Kashman, PE City Engineer Cluster #12 Node #15 Cluster #12 Node #11 Cluster #12 Node #10 Cluster #12 Node #09 Pole ID Address DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov Wireless ServicesERICSSONPBM Wireless ServicesERICSSONPBM Wireless ServicesERICSSONPBM Wireless ServicesERICSSONPBM Wireless ServicesERICSSONPBM Wireless ServicesERICSSONPBM Hugh and Hazel Kelly August 28, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CURB CUT REQUEST; CURB CUT VACATION– 241 1st AVE NW Dear Board Members: The property owner at 241 1st Ave. NW has requested vacation of an existing curb cut and approval of a new curb cut as part of a proposed expansion of the existing residence (Exhibit attached). The existing driveway and curb cut will be abandoned and a new curb cut installed to the east allowing rear access from the alley. The Department of Engineering recommends that the Board approve the request contingent upon satisfaction of the following requirements: •In constructing the entrance, the petitioner’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8) and 6-227(b). •The portion of the proposed entrance within the right of way is constructed of concrete pursuant to Carmel City Code 6-227(h)(6). •The vacated curb cut and existing driveway shall be completely removed and restored to the satisfaction of the City Engineer. •Apron within right of way shall not exceed maximum width indicated on City Standard Details and shall be minimum 6” thickness concrete. (City of Carmel Standard Drawing 10-21A) No portion of the proposed drive aprons within the City right of way shall encroach past the extension of the property line to the center of the street. •Roadside drainage must be maintained across the proposed entrance pursuant to Carmel City Code 6- 227(h)(9). •Public streets and alleys shall be always kept clean of dirt and debris. •Petitioner understands that approval is granted for the items described above only. All other items of work shown on the attached exhibits are subject to review and approval by the Department of Engineering and other Departments of the City as a part of a separate process. •Access to surrounding properties shall be maintained at all times. •Any damage to improvements within the public right-of-way connected with the construction of the project shall be restored to comply with all city codes and standards to the satisfaction of the City when work is complete. Sincerely, Jeremy Kashman, P.E. City Engineer SITE PLANDATEMARKDESCRIPTION--7/2/23NOTEDAKF---- ----SEAL:SIGNATUREAKFRESIDENCEINDIANACARMEL241 1ST AVE NW.EMERGENTCONSTRUCTION1202 E. 23RD STREET(317) 796-0855PROJECT ARCHITECT:PROJECT ENGINEER:CHAPMANFORBUSH DESIGNCUSTOM DESIGN & PLANNINGOFFICE: (317)502-3172CHAPMANS1SITE PLAN August 28, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: NEW CURB CUT REQUEST, PAVEMENT CUT, LANE RESTRICTION– SECURITY FEDERAL SAVINGS BANK-10880 N MICHIGAN RD Dear Board Members: Ashton Fritz, PE with Fritz Engineering Service has requested approval of two new commercial curb cuts, related pavement cuts and lane restrictions associated with a proposed Security Federal Savings Bank at 10880 N Michigan Road (Exhibit attached). Both new curb cuts will provide access from Redd Road. The Department of Engineering recommends that the Board approve the requested curb cut and curb cut vacations contingent upon satisfaction of the following requirements: •The petitioner’s contractor shall comply with the provisions of Carmel City Code 6 -227(a)(1), 6-227(a)(8) and 6-227(b). •The portion of the proposed entrance within the right of way is constructed of concrete pursuant to Carmel City Code 6-227(h)(6). •Apron within right of way shall not exceed maximum width indicated on City Standard Details and shall be minimum 9” thick concrete (City of Carmel Standard Drawing 10-22). No portion of the proposed drive aprons within the City right of way shall encroach past the extension of the property line to the center of the street. •Public streets and alleys shall be always kept clean of dirt and debris. •Petitioner understands that approval is granted for the items described above only. All other items of work shown on the attached exhibits are subject to review and approval by the Department of Engineering and other Departments of the City as a part of a separate process. •Access to surrounding properties shall be maintained at all times. •Any damage to improvements within the public right-of-way connected with the construction of the project shall be restored to comply with all city codes and standards to the satisfaction of the City when work is complete. Sincerely, Jeremy Kashman, P.E. City Engineer 14020 Mississinewa Drive Carmel, IN 46033 P: 317-324-8695 www.Fritz-Eng.com August 15, 2023 Security Federal Bank Page 1 of 1 August 15, 2023 Mr. Jeremy Cashman, City Engineer City of Carmel One Civic Square Carmel, IN 46032 RE: Security Federal Bank 10880 Michigan Road FES Project # 2211004 Dear Mr. Cashman, Please accept this letter related to the Security Federal Bank project as support of the request to be placed on the next available Board of Public Works & Safety Agenda. The following items are requested to be on the Agenda: 1. New Drive Cuts – Two new proposed drive entrance will be created on the west end of the site onto Redd Road to provide access to the proposed developed site. Construction Plan Sheet C201 provides the specifics of the drive cuts. 2. Open Cut Redd Road – The proposed drive entrances will require sawcut and removal of the existing curb along each entrance. It is anticipated that existing asphalt will be removed to install the new depressed curb across each entrance. The asphalt will be patched and restored in accordance with City of Carmel standards. 3. A Maintenance of Traffic Plan is included in the Construction Plan set as sheet C105. The above requests are not anticipated to require temporary lane closures along Redd Road for the construction. Please review the above requests and let me know if any additional information is required to complete your review and recommendation to the BPWS for approval. Best Regards, Fritz Engineering Services, LLC Ashton L. Fritz, PE Principal Enclosures: Site Plan (C201), Maintenance of Traffic Plan (C105) PROPOSEDBUILDING3-STORY9,650 SF ±15' SIDE BSL15' SIDE BSL60' FRONT BSL30' FRO N T B S L & G R E E N B E L T DRIVETHRU ONLY DRIVE THRUONLYREMOTETELLERCANOPY 6''W6''W6''W2''W2''W6''W6''W6''W6''WGAS METERGGGGGGUGE WW120' MA X . F R O N T S E T B A C K (MICHIG A N R D . )o o oo o oo o oo o oo o oo o oo o oo o o37.2'31.8'32.2'37.5'69.5'37.5'31.8'0.2'60' FRONT BSLGGE E E E E E AHEAD50'150'AAAAAHEADABPROJECT NO.CHECK: DRAWN:PLAN DATE:DESIGN:O O14020 Mississinewa DriveCarmel, Indiana 46033P: 317.324.8695 F: 317.324.8717www.Fritz-Eng.comREVISIONS AND ISSUESBYDATECLIENT:PROJECT:PROJECT LOCATION:GENERAL NOTES / LEGEND:SECTION, TOWNSHIP, RANGE:SECURITYFEDERALBANKCARMELHOKANSON COMPANIES10201 N. ILLINOIS ST. STE 400CARMEL, IN 4629007/21/2023221100410880 N. MICHIGAN RD.CARMEL, INDIANA 46077HAMILTON COUNTYNW14, S6, T17N, R3ESHEET NAMESHEET NO.2023FRITZ ENGINEERING SERVICES, LLC"IT'S THELAW"RKnow what's C105MAINTENANCE OFTRAFFIC PLAN1.REV PER CARMEL TAC 2/3/20222.REV PER CARMEL REVIEW 3/30/2023AFAFAFAFKG00 30' 60'SCALE: 1" = 30'NPRINTED BY: Nick SchmittDATE: 7/21/2023 9:20 AMSHEET SIZE, SCALE: ANSI FULL BLEED D (34.00 X 22.00 INCHES), 1:1FILE NAME: F:\2022\2211004 - SECURITY FEDERAL BANK CARMEL\02 CIVIL\PLANS\C105.DWG, LAYOUT: C105KEY NOTES:AROAD CONSTRUCTION SIGN.BTRAFFIC BARREL, SPACED 25' ON CENTERXX25' 8'8'8'5'PROPOSEDBUILDING3-STORY9,650 SF ±15' SIDE BSL15' SIDE BSL60' FRONT BSL30' FRO N T B S L & G R E E N B E L T DRIVE THRU ONLY DRIVE THRU ONLYREMOTETELLERCANOPY120' MA X . F R O N T S E T B A C K (MICHIG A N R D. )o o oo o oo o oo o oo o oo o oo o oo o oo o oo o oo o oo o o37.2'31.8'32.2'37.5'69.5'37.5'31.8'0.2'A1A1AAABBBCDDDDEEEEEE1F1F1F1F1F1F1F1F2F2F3F3F3F3F3F3F3F4GOOOOHHHHJJJKKKKKKLLLLLLLLLMNNNNNPBBALF1F4IG1L2 SPACES @ 9' = 18'R12'R12'R3'R1'R5' R10'R5'R3'R10'R10'R50' R50'R30'R3'R3'R2'R2'R2'R2'R10'R3'R3'CONSTRUCTION LIMITSCONSTRUCTION LIMITSCONSTRUCTION LIMITSCONSTRUCTION LIMITS22 SPACES @ 9' = 198'11 SPACES @ 10' = 110'6 SPACES @ 9' = 54'R30'R30'EKTTYP.TTYP.TTYP.TTYP.20'5'5' 8'18'25'9.51'25'20'5'5'17.41'25'107.51'25' 25' 25'30.8'56.91' 56.91'9'19.51' 19.51' 5'6'6.25'24.91' EX.23.37' EX'.209.16'321.38'18'10'5'9.51'CCR25'R10'R10'R75'9' 30.27' 11'11'4'4'PROJECT NO.CHECK: DRAWN:PLAN DATE:DESIGN:O O14020 Mississinewa DriveCarmel, Indiana 46033P: 317.324.8695 F: 317.324.8717www.Fritz-Eng.comREVISIONS AND ISSUESBYDATECLIENT:PROJECT:PROJECT LOCATION:GENERAL NOTES / LEGEND:SECTION, TOWNSHIP, RANGE:SECURITYFEDERALBANKCARMELHOKANSON COMPANIES10201 N. ILLINOIS ST. STE 400CARMEL, IN 4629007/21/2023221100410880 N. MICHIGAN RD.CARMEL, INDIANA 46077HAMILTON COUNTYNW14, S6, T17N, R3ESHEET NAMESHEET NO.2023FRITZ ENGINEERING SERVICES, LLC"IT'S THELAW"RKnow what's C201SITE PLAN1.REV PER CARMEL TAC 2/3/20232.REV PARKING DIMS 2/18/20233.REV PER CARMEL REVIEW 3/30/2023AFAFAFAFAFKG00 20' 40'SCALE: 1" = 20'NPRINTED BY: Nick SchmittDATE: 7/21/2023 9:20 AMSHEET SIZE, SCALE: ANSI FULL BLEED D (34.00 X 22.00 INCHES), 1:1FILE NAME: F:\2022\2211004 - SECURITY FEDERAL BANK CARMEL\02 CIVIL\PLANS\C201.DWG, LAYOUT: C201KEY NOTES:A1RIGHT OF WAY PAVEMENT(PER CARMEL DETAIL 10-22)ALIGHT DUTY ASPHALT PAVEMENTB HEAVY DUTY ASPHALT PAVEMENTC CONCRETE PAVEMENT, TYPE 2DCOMBINED CONCRETE CURB & WALKE CONCRETE WALKE1 CONCRETE WALK-RAMPF1 6" CONCRETE CURBF2 VALLEY CURB & GUTTERF3 CHAIRBACK CURB & GUTTERF4 6" CONCRETE CURB WITH CONCRETE ISLANDGADA RAMP(PER INDOT DETAIL)G1 ADA PARKING SIGN(PER DETAIL, VAN PLAQUE WHERE NOTED)H 4" WHITE PAVEMENT STRIPING, TYP.IADA BLUE PAVEMENT STRIPING, TYP.J PAVEMENT MARKING (AS SHOWN)K MATCH EXISTING PAVEMENT, CURB, OR WALKLLANDSCAPE AREAM DUMPSTER ENCLOSURE(REF. ARCH. PLAN)N EXISTING SIDEWALK/PAVEMENT TO REMAINO SIDEWALK TRANSITION AT DRIVE(PER INDOT DETAIL)P BICYCLE PARKING(U-SHAPED, BLACK THERMOPLASTIC POWDER COATED)R SITE LIGHT POLE(REF. SITE LIGHTING PLAN)S MONUMENT SIGNTCONCRETE WHEEL STOPNOTES:XXCARMEL ENGINEERING DEPARTMENT NOTEALL PAVING WITHIN THE EXISTING AND PROPOSED CITY RIGHT-OF-WAY SHALL CONFORM TO THE REQUIREMENTSOF THE DEPARTMENT OF ENGINEERING. THE CONTRACTOR SHALL CONTACT THE DEPARTMENT OF ENGINEERINGTO SCHEDULE A PRE-CONSTRUCTION MEETING TO REVIEW THE DEPARTMENT'S CONSTRUCTION REQUIREMENTS,STAFF NOTIFICATION REQUIREMENTS, REQUIRED INSPECTIONS FOR CERTAIN STAGES OF THE WORK AND TOREVIEW THE AUTHORITY OF THE DEPARTMENT AS IT RELATES TO WORK WITHIN THE EXISTING AND PROPOSEDRIGHT-OF-WAY.DRIVEWAY ENTRANCE SAW CUT NOTEDRIVEWAY ENTRANCE OFF OF REDD RD. WILL REQUIRE SAW CUTS PER CITY OF CARMEL STANDARDS. ALL CURBCUTS MUST BE SAW CUT TO THE NEAREST JOINT PAST THE REQUIRED LIMITS OF THE CURB REMOVAL.SIDEWALK NOTEALL SIDEWALKS CONSTRUCTED WITHIN THE PUBLIC RIGHT-OF-WAY SHALL COMPLY WITH STANDARD CITY OFCARMEL AND/OR INDOT DETAILS.GENERAL NOTES:REFER TO ARCHITECTURAL & FOUNDATION PLANS FOR ALL BUILDING DIMENSIONS. BUILDING DIMENSIONSSHOWN HEREON ARE FOR REFERENCE ONLY.NO EARTH DISTURBING ACTIVITY MAY COMMENCE WITHOUT AN APPROVED STORM WATER MANAGEMENT PERMITFROM THE CITY OF CARMEL.SITE DEVELOPMENT SUMMARY TABLEZONING CLASSIFICATION,CITY OF CARMELB-3, US 421 OVERLAYPARCEL SIZE 1.47 Ac. ±REQUIREDPROVIDEDMIN. STREET FRONTAGE N/AMIN. LOT WIDTH 100 FT 151 FTMIN. LOT AREA10,000 SF 64,000 SF ±MAX. BLDG HEIGHT 30' MAX.47.4' (VARIANCE REQ'D)MAX. LOT COVERAGE 80% 61%BUILDING SETBACKSFRONT60' - REDD ROAD30' MICHIGAN ROAD, MAX. 120' 209.1 FT (REMOTE TELLER CANOPY) 321.4 FT (PRIMARY BUILDING)30.8' (PRIMARY BUILDING)SIDE 15' 19.5'REAR N/A N/APARKING SETBACKSFRONT30' - MICHIGAN ROAD10' REDD ROAD> 30' MICHIGAN RD> 76' REDD RDSIDE 0' N/AREAR N/A N/ABUFFERYARDS /GREENBELTSFRONT30' GREENBELT ALONG MICHIGAN ROAD10' GREENBELT ALONG REDD RD.30', MICHIGAN RD.10', REDD RD.SIDE 5' 5'-0"REAR N/APARKING REQUIRED, SF1 PS PER 250SF - GENERAL OFFICEPARKING REQUIRED9,650 SF / 250 = 38.6=39 TOTAL REQUIRED SPACES41 STANDARD + 2 ADA SPACES43 TOTAL SPACESBICYCLE PARKINGREQUIRED4 AT MULTI-TENANT BLDGMULTI-TENANT BUILDING -SITE - 4 (TWO INVERTED 'U' LOOPS)NOTE:1. August 28, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: VACATION OF PLAT - HARRY BOWSER’S NORTHRIDGE ADDITION Dear Board Members: Andrew Wert with Church, Church, Hittle, & Antrim has requested the petition for vacation of a portion of the plat of Harry Bowser’s Northridge Addition be placed on the Board of Public Works and Safety agenda for approval and signatures. The plat vacation is needed for upcoming redevelopment of the property. Per the current City procedure for vacating public right-of-way, the City Engineer is responsible for validating the accuracy of the legal description and completeness of the vacation package. Based on the information provided to the Department of Engineering by the Petitioner, the petition, legal description, and exhibit appears to be accurate. Upon approval by the Board, the petitioner will provide appropriate documentation to the Clerk’s office that will be presented to the Carmel City Council for final resolution. The Department of Engineering recommends the Board provide a favorable recommendation for the vacation of the plat as shown on the attached petition. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENT: MYLAR PLAT Petition to Vacate Plat and Public Right-of-Way 1. Lawrence K Hughes ("Petitioner"), pursuant to Indiana Code 36-7-3-12, does hereby respectfully petition the Common Council for the City of Carmel, Indiana, for the vacation of a portion of the existing Public Rights of Way of "Broadway Avenue" th (the "Public Ways"), located entirely within the corporate boundaries of the City of Carmel, Indiana, as is particularly described below and in the exhibits attached hereto and made a part hereof. 2. The Plat and Public Way being vacated is more particularly described in Exhibit "1" and depicted in Exhibit "2" hereto, this is incorporated herein by this reference. 3. In support of this petition, the Petitioner submits the following: A. The Public Way sought to be vacated will not hinder the growth of orderly development of Carmel, nor of the neighborhoods contiguous to or in which the Public Way is located. B. Vacation of the Public Way will not leave any adjoining or interested property owners without access to their real estate by means of a public way or street or make such access inconvenient or difficult. C. Vacating the proposed Public Way does not hinder the public's access to any church, school or other public place. D. Vacating the proposed Public Way does not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. 4. The following are the names and addresses of the owners of land which abut the Public Way proposed to be vacated: Lawrence K Hughes 10402 N Ruckle Street Carmel, Indiana, 46280 Parknorth II, LLC 10402 n Ruckle Street Carmel, Indiana 46280 5. Due to development of the property immediately north and west of the Public Ways, the sections of Broadway Avenue and East 104th Street are no longer needed for public access. The Petitioners need the Public Way vacated to enable and enhance the construction of a new commercial buildings and expansion on an existing business. The increased property value due to the addition of a portion of the Public way to the petitioner's property will benefit the City of Carmel through enhanced property tax revenue. Remaining page intentionally left blank Recommended for Approval this day of , 20 . CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: Exhibit 1 (page 1 of 2) PLAT VACATION AREA A PART OF HARRY BOWSER'S NORTH RIDGE ADDITION, A SUBDIVISION IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 121, PAGES 400- 401 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND LOCATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 17 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF SOUTH 89 DEGREES 09 MINUTES 48 SECONDS WEST 43.01 FEET TO THE WEST RIGHT-OF-WAY LINE OF COLLEGE AVENUE AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST LINE SOUTH 00 DEGREES 13 MINUTES 07 SECONDS WEST 237.08 FEET TO THE SOUTHEAST CORNER OF LOT 29 IN SAID ADDITION; THENCE ALONG THE SOUTH LINE OF SAID LOT, THE SOUTH LINE OF LOT 36 IN SAID ADDITION, AND THE EXTENSION THEREOF SOUTH 89 DEGREES 22 MINUTES 59 SECONDS WEST 319.13 FEET TO THE NORTHEAST CORNER OF LOT 93 IN SAID ADDITION; THENCE ALONG THE EAST LINE OF SAID LOT SOUTH 00 DEGREES 02 MINUTES 47 SECONDS WEST 50.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE ALONG THE SOUTH LINE OF SAID LOT AND THE SOUTH LINE OF LOT 102 IN SAID ADDITION SOUTH 89 DEGREES 23 MINUTES 06 SECONDS WEST 270.78 FEET TO THE SOUTHWEST CORNER OF SAID LOT 102; THENCE ALONG THE EAST RIGHT-OF- WAY LINE OF PARK AVENUE NORTH 00 DEGREES 16 MINUTES 17 SECONDS EAST 259.82 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 104TH STREET (108TH STREET PER PLAT); THENCE ALONG SAID SOUTH LINE SOUTH 89 DEGREES 09 MINUTES 48 SECONDS WEST 202.22 FEET TO THE NORTHWEST CORNER OF LOT 161 IN SAID ADDITION; THENCE ALONG THE EXTENSION OF THE WEST LINE OF SAID LOT NORTH 00 DEGREES 14 MINUTES 44 SECONDS EAST 25.00 FEET TO THE NORTH LINE OF SAID SOUTH HALF; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 09 MINUTES 48 SECONDS EAST 791.77 FEET TO THE POINT OF BEGINNING, CONTAINING 3.62 ACRES, MORE OR LESS. Exhibit 1 (page 2 of 2) RIGHT-OF-WAY VACATION AREA A PART OF HARRY BOWSER'S NORTH RIDGE ADDITION, A SUBDIVISION IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 121, PAGES 400- 401 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND LOCATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 17 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF SOUTH 89 DEGREES 09 MINUTES 48 SECONDS WEST 43.01 FEET TO THE WEST RIGHT-OF-WAY LINE OF COLLEGE AVENUE AND THE POINT OF BEGINNING; THENCE ALONG SAID LINE SOUTH 00 DEGREES 13 MINUTES 07 SECONDS WEST 25.00 FEET TO THE NORTHEAST CORNER OF LOT 32 IN SAID ADDITION; THENCE ALONG THE NORTH LINES OF LOTS 32 AND 33 IN SAID ADDITION SOUTH 89 DEGREES 09 MINUTES 48 SECONDS WEST 269.78 FEET TO THE EAST RIGHT-OF-WAY LINE OF BROADWAY AVENUE; THENCE ALONG SAID LINE SOUTH 00 DEGREES 02 MINUTES 47 SECONDS WEST 211.03 FEET TO THE SOUTHWEST CORNER OF LOT 36 IN SAID ADDITION; THENCE SOUTH 89 DEGREES 22 MINUTES 59 SECONDS WEST 50.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF BROADWAY AVENUE; THENCE ALONG SAID LINE NORTH 00 DEGREES 02 MINUTES 47 SECONDS EAST 210.84 TO THE SOUTH RIGHT-OF-WAY LINE OF 104TH STREET (108TH STREET PER PLAT); THENCE ALONG SAID LINE SOUTH 89 DEGREES 09 MINUTES 48 SECONDS WEST 472.00 FEET TO THE NORTHWEST CORNER OF LOT 161 IN SAID ADDITION; THENCE ALONG THE EXTENSION OF THE WEST LINE OF SAID LOT NORTH 00 DEGREES 14 MINUTES 44 SECONDS EAST 25.00 FEET TO THE NORTH LINE OF SAID SOUTH HALF; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 09 MINUTES 48 SECONDS EAST 791.77 FEET TO THE POINT OF BEGINNING, CONTAINING 0.70 ACRES (30341 SQ. FT.) MORE OR LESS. Exhibit 2 August 28, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: RANGELINE SUBDIVISION - SECONDARY PLAT Dear Board Members: Chester Judson Vanek with CEC, Inc. has requested the secondary plat for Rangeline Subdivision be placed on the Board of Public Works and Safety agenda for approval and signatures. The plat has been reviewed and signed by the Department of Community Services and reviewed by the Department of Engineering with approval. Therefore, I recommend the Board approve and sign this plat. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENT: MYLAR PLAT June 13, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: RIGHT OF WAY DEDICATION – WASHINGTON BLVD Dear Board Members: The property owners of 11585 Pennsylvania St have requested the Board approve a Dedication of Public Right of Way along Washington Blvd. On behalf of the City of Carmel, I would like to thank the property owners for this Dedication of Right of Way. I recommend the Board accept and sign this document. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENT: DEDICATION DOCUMENTS August 28, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: STORMWATER TECHNICAL STANDARDS WAIVER – TOM WOOD AUDI Dear Board Members: Roger Ward Engineering, Inc. has requested a waiver from the Stormwater Technical Standards Manual in association with a proposed expansion to Tom Wood Audi at 4610-B East 96th (exhibits attached). The Department of Engineering, in review of the proposed conditions and design standards, has determined that the waivers requested are valid given the existing site constraints involved with the project and recommend approval. Sincerely, Jeremy Kashman, P.E. City Engineer 6555 Carrollton Avenue  Indianapolis, IN 46220  317-251-1738  317-251-1923 Page 1 of 1 August 11, 2023 Mr. Alex Jordan Carmel Engineering Dept. One Civic Square, 1st Floor Carmel, IN 46032 RE: Variance Requests – BPW PZ-2023-00117 ADLS Amend Tom Wood Audi Service Addition 4610-B East 96th Street Dear Mr. Jordan: Please consider this letter as our formal request to present to the Board of Public Works at their next available meeting our variance requests from the City of Carmel Flood Hazard Ordinance, Stormwater Ordinance and Unified Development Ordinance, as they relate to our project the Tom Wood Audi Service Addition. Specifically, we are requesting a waiver from the following design standards: 1. Finish Floor & Building Mechanicals to be 2 feet above Base Flood Elevation (BFE): The existing dealership building is non-compliant with a finish floor being less than 1 foot above the BFE. The service addition represents a fractional increase in the existing non-conforming building elevation and will still be above the BFE. 2. Filling in a 100-year floodplain not allowed: The amount of fill proposed will be mitigated by adding floodplain volume on-site to the north of the proposed addition. 3. Parking lots within the Special Flood Hazard Area (SFHA) to be pervious materials: The existing parking lot is non-conforming. The proposed parking lot will be smaller after the addition. 4. Existing floodway to be preserved with 25-foot water quality preservation easement: The existing site is non-compliant, and no new improvements are proposed within the floodway. Please consider our variance requests, and let me know if you have any questions or need any additional information. Sincerely, ROGER WARD ENGINEERING, INC. Roger C. Ward, Jr. PE, LEED AP President S:\jobs\TWI\013\submittals\Carmel BPW\Tom Wood Audi BPW Variance Requests 08-11-23.doc E740740741741740739739738738740 739740741740740740FFE 741.15FFE 741.10FFE 741.08FFE 741.07FFE 741.08FFE 741.12740741742740739740739739 7357337347367377387407397417404610-B EAST 96TH STREETTOM WOOD AUDICARMEL, INDIANASERVICE ADDITIONJOB#: TWI.013DRAWN BY: RCW(317) 251-1738 (FAX) 251-1923INDIANAPOLIS, INDIANA 462206555 CARROLLTON AVENUEwww.rw-engineering.comCIVIL ENGINEERS - LAND SURVEYORS - DEVELOPMENT CONSULTANTSDATE: 03/21/23C103THE SITE DOES LIE PARTIALLY WITHIN THE FEDERALLY DESIGNATEDFLOOD ZONE AE PER FLOOD INSURANCE RATE MAP (FIRM) #18057C0236 F, EFFECTIVE FEBRUARY 19, 2003 AND REVISED VIA LOMR WITHEFFECTIVE DATE OF 07/19/15.THE BASE FLOOD ELEVATION FOR THE BUILDING RENOVATION IS740.42 FEET PER THE FEMA APPROVED LOMR DATED 07/19/15.SITE FLOOD INFOPROJECT BENCHMARK: HAMILTON COUNTY GEODETICCONTROL DISK (STATION NAME HCBR 246) SET ON THENORTHWEST CONCRETE BRIDGE ABUTMENT OF THE 96THSTREET (COUNTY LINE ROAD) BRIDGE OVER WHITE RIVER.ELEV.=745.66 (NGVD 29) 745.24 (NAVD 88)THESE PLANS UTILIZE THE NGVD 29 DATUM TO COINCIDEW/ THE FEMA LOMR.BENCHMARK NOTEGRADING & DRAINAGE PLANAUDI August 28, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: LAKESIDE APARTMENTS PHASE II – GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Dear Board Members: Connor Strege with Kimley-Horn has requested the City accept a Grant of Perpetual Storm Water Quality Management Easement associated with Lakeside Apartments Phase II proposed at 625 West Carmel Drive. Attached are the required Grant of Perpetual Storm Water Quality Management Easement documents. The Department of Engineering has reviewed the attached forms and found them sufficient for Board signatures. Sincerely, Jeremy Kashman, P.E. City Engineer