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HomeMy WebLinkAboutPaperless Packet for BPW 10.18.23Board of Public Works and Safety Meeting Agenda Wednesday, October 18, 2023 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the October 4, 2023, Regular Meeting 2. BID OPENING AND AWARD a. Bid Award for 20-ENG-11TC 96th Street Tree Clearing; United Construction Services; ($89,600.00); Jeremy Kashman, City Engineer b. Bid Award for 22-ENG-02 116th Street Multi-Use Path from Michigan Road to Towne Road; Morphey Construction, Inc.; ($1,124,300.00); Jeremy Kashman, City Engineer 3. CONTRACTS a. Resolution BPW 10-18-23-01; A Resolution of the City of Carmel to Approve the Transfer of Surplus Property to Westfield High School; Chief David Haboush, Carmel Fire Department b. Request for Goods and Services; TargetSolutions Learning, LLC; ($25,455.33); Vector Check-It Renewal; Additional Services Amendment; Chief David Haboush, Carmel Fire Department c. Request for Approval of Engagement Letter Agreement between City and Vendor; Baker Tilly Municipal Advisors, LLC; Ann Bingman, City Controller d. Request for Goods and Services; Morphey Construction, Inc.; ($1,124,300.00); 22- ENG-02 116th Street Multi-Use Path from Michigan Road to Towne Road – Construction; Jeremy Kashman, City Engineer e. Request for Goods and Services; The Taylor Realty Group, P.C.; ($27,845.00); 20- ENG-04-N College Avenue Reconstruction – Appraisal Services; Additional Services Amendment; Jeremy Kashman, City Engineer f. Request for Goods and Services; United Construction Services, LLC; ($89,600.00); 20- ENG-11TC 96th Street Tree Clearing - Construction; Jeremy Kashman, City Engineer g. Request for Purchase of Goods and Services; Knauss Property Services, LLC; ($28,246.00); Parking Garage Cleaning; Additional Services Amendment; Matt Higginbotham, Street Commissioner h. Request for Purchase of Goods and Services; Smock Fansler Corporation; ($34,951.00); Jazz Sculpture Project; Additional Services Amendment; Matt Higginbotham, Street Commissioner 4.REQUEST TO USE CITY STREETS/PROPERTY a.Request to Use Midtown Plaza; Information Table regarding Carmel Clay Schools Operating Referendum; October 18, 2023; 4:30 PM – 7:00 PM; Emily Bauer, Carmel Clay Schools b.Request to Use City Street; Neighborhood Block Party; October 21, 2023; 3:00 PM – 10:00 PM; Kristen Spriggs, Jackson’s Grant Neighborhood c.Request to Use/Close City Streets and Use Sophia Square Restrooms; Carmel PorchFest; September 15, 2024; 8:00 AM - 7:00 PM; Sondra Schwieterman, Carmel PorchFest, Inc. d.Request to Use Midtown Plaza; Dog Portraits; October 18, 2023; 4:00 PM – 7:00 PM; Val Sigrist, Drew Federau Agency/State Farm 5.OTHER a.Request for Secondary Plat; Five-Ten Subdivision; Tom Lazzara, Custom Living USA – TABLED on 10/4/23 b.Request for Waiver of BPW Resolution No. 04-28-17-01, Lane Restrictions; 11101 Springmill Road; AES, Inc. c.Request for Right of Way Dedication; 20-ENG-06, Parcel 9; Hope Church of the Christian and Missionary Alliance, Inc. d.Request for Right of Way Dedication; 20-ENG-04-N, Parcel 14; Parknorth, Inc. e.Request for Consent to Encroach and Variance; 3512 Cardinal Way; Julio Salazar, Property Owner f.Request for Release and Termination of Grant of Perpetual Storm Water Quality Management Easement; CRG Flex Office - 815 City Center Drive; Congressional Flex II, LLC, Property Owner g.Request for Grant of Perpetual Storm Water Quality Management Easement; CRG Flex Office - 815 City Center Drive; Congressional Flex II, LLC, Property Owner h.Request for Secondary Plat; Kingswood Extension; Jennifer Milliken, Ice Miller i.Request for Grant of Water Quality Preservation Easement; 13065 Clay Center Road; Chantz & Cassie Miller, Property Owners 6.ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, October 4, 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 10:01 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 September 20, 2023 Regular Meeting. Board Member Burke moved to approve. Board 19 Member Watson seconded. Minutes were approved 3-0. 20 21 BID & QUOTE OPENINGS & AWARDS 22 23 Bid Opening for City-Wide Trash and Recycling Service 24 Lori Watson opened the bids and Mayor Brainard read them aloud: 25 26 Contractor Quote 27 Republic Services Base: $28,647,720.00 Alt 1 - $42,608,880.00 Alt 2- $85,794,360.00 28 Waste Management Base: $41,109,720.00 Alt 1 - $59,828,760.00 29 Priority Base: $33,476,280.00 30 31 Bid Opening for 96th Street Tree Clearing 32 Lori Watson opened the bids and Mayor Brainard read them aloud: 33 34 Contractor Quote 35 OLCO, Inc. $182,760.20 36 United Construction Services, LLC $89,600.00 37 Homer Tree Service, Inc. $124,000.00 38 Yardberry Landscape Company $292,000.00 39 All-Star Paving, Inc. $125,700.00 40 41 Bid Opening for 116th Street Multi-Use Path from Michigan Road to Towne Road 42 Lori Watson opened the bids and Mayor Brainard read them aloud: 43 44 Contractor Quote 45 Morphey Construction, Inc. $1,045,000.00 46 Midwest Paving, LLC $1,298,556.34 Alt 1 - $90,694.32 47 Calumet Civil Contractors, Inc. $1,358,000.00 48 OLCO, Inc. $1,344,208.11 Alt 1 - $90,090.89 49 United Construction Services, LLC $1,125,000.00 50 Yardberry Landscape Company $1,836,951.00 51 52 Bid Award for 20-ENG-06 Multi-Use Path Along Haverstick Road from 96th Street to 99th Street 53 Chris Ogg, Department of Engineering, recommended awarding the bid to United Construction 54 Services, LLC, as the lowest, most responsive bidder. Board Member Burke moved to award the bid to 55 United Construction Services, LLC in the amount of $885,000.00. Board Member Watson seconded. 56 Award approved 3-0. 57 58 Quote Award for 20-13DM 10555 Westfield Blvd Residential Structures Demolition 59 Chris Ogg, Department of Engineering, recommended awarding the quote to Denney Excavating, Inc. 60 as they the lowest, most responsive bidder. Board Member Burke moved to award the bid to Denney 61 Excavating, Inc. in the amount of $54,725.00. Board Member Watson seconded. Award approved 3-0. 62 63 PERFORMANCE BOND REDUCTION APPROVAL REQUESTS 64 65 Resolution BPW 10-04-23-01; Bond Release for Mulberry Lane Project; Erosion Control; Board 66 Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 67 68 CONTRACTS 69 70 Request for Amended Sublease and Management Agreement; 2019 Clay Public Safety Project - Fire 71 Administration Building and Museum Project; 210 Veterans Way; Board Member Burke moved to 72 approve. Board Member Watson seconded. Request approved 3-0. 73 74 Request for Goods and Services; Clark Dietz, Inc.; ($142,121.00); 20-ENG-06 Multi-Use Path Along 75 Haverstick Road from 96th Street to 99th Street – Construction Inspection; Additional Services 76 Amendment; Board Member Burke moved to approve. Board Member Watson seconded. Request 77 approved 3-0. 78 79 Request for Goods and Services; Denney Excavating, Inc.; ($54,725.00); 20-13DM 10555 Westfield 80 Blvd Residential Structures Demolition; Board Member Burke moved to approve. Board Member 81 Watson seconded. Request approved 3-0. 82 83 Request for Goods and Services; RQAW Corporation; ($240,771.75); 106th & Westfield Blvd RAB – 84 Construction Inspection; Additional Services Amendment; Board Member Burke moved to approve. 85 Board Member Watson seconded. Request approved 3-0. 86 87 Request for Goods and Services; United Construction Services, LLC; ($885,000.00); 20-ENG-06 88 Multi-Use Path Along Haverstick Road from 96th Street to 99th Street - Construction; Board Member 89 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 90 91 Request for Goods and Services; Shuck’s Welding & Fabrication; (-$31,961.00); 22-STR-03 Trailers; 92 CO# 1; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 93 3-0. 94 95 Request for Goods and Services; Jack Doheny Companies, Inc.; ($507,348.35); Truck Mounted Sewer 96 Cleaner Contract; Board Member Burke moved to approve. Board Member Watson seconded. Request 97 approved 3-0. 98 99 REQUEST TO USE CITY STREETS/PROPERTY 100 101 Request to Use Carter Green and Rolling Closure of City Streets; Carmel High School Swim Team 102 Olympic Trials Pep Rally; June 14, 2024; 7:00 AM – 11:00 PM; Board Member Burke moved to 103 approve. Board Member Watson seconded. Request approved 3-0. 104 105 Request to Use City Stage; OktoberFest Celebration; October 6, 2023; 8:00 AM – 11:00 PM; Board 106 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 107 108 Request to Use Council Chambers; Neighborhood Annual Meeting; November 14, 2023; 6:00 PM – 109 8:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 110 approved 3-0. 111 112 OTHER 113 114 Request for Replat; Carmel Mid-Town; Board Member Burke moved to approve. Board Member 115 Watson seconded. Request approved 3-0. 116 117 Request for Consent to Encroach and Variance; 803 Rosemary Gardens - Freeland Way; Board 118 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 119 120 Request for Secondary Plat; Five-Ten Subdivision; TABLED; Board Member Burke moved to table 121 the request. Board Member Watson seconded. Tabling approved 3-0. 122 123 Request for Lane and Sidewalk Closure; 720 S Rangeline Road; Board Member Burke moved to 124 approve. Board Member Watson seconded. Request approved 3-0. 125 126 Request for Open Pavement Cut; 530 2nd Avenue NE; Board Member Burke moved to approve. Board 127 Member Watson seconded. Request approved 3-0. 128 129 Request for Stormwater Technical Standards Waiver; Merchants Bank - 210 3rd Avenue SW; Board 130 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 131 132 Request for Grant of Perpetual Storm Water Quality Management Easement; IEC Building Addition – 133 11805 Pennsylvania Street; Board Member Burke moved to approve. Board Member Watson 134 seconded. Request approved 3-0. 135 136 ADJOURNMENT 137 138 Mayor James Brainard adjourned the meeting at 10:16 AM. 139 140 141 APPROVED: ____________________________________ 142 Sue Wolfgang – City Clerk 143 144 145 ____________________________________ 146 Mayor James Brainard 147 148 149 ATTEST: ____________________________________ 150 Sue Wolfgang – City Clerk 151 1 RESOLUTION NO. BPW 10-18-23-01 A RESOLUTION OF THE CITY OF CARMEL, INDIANA BOARD OF PUBLIC WORKS AND SAFETY APPROVING THE TRANSFER OF SURPLUS PROPERTY TO WESTFIELD HIGH SCHOOL WHEREAS, Westfield High School (“WHS”), which is a part of the Westfield-Washington School Corporation, offers a Firefighter class to students as part of its vocational education program; and WHEREAS, WHS is seeking surplus gear and equipment from local agencies for its students to use; and WHEREAS, the City of Carmel, Indiana (“City”) desires to assist WHS’s firefighting class by transferring 75 sets of surplus, obsolete turnout gear (the “Property”) to WHS; and WHEREAS, although the Property is no longer viable for use in structural firefighting, it can be used by WHS to train their students as firefighters; and WHEREAS, WHS shall, by and through its duly authorized representative, enter into that certain "Acknowledgment of Transfer; Release of Liability Form", which is attached hereto and incorporated herein by this reference as Exhibit A, and return a fully executed copy of the same to the City prior to taking physical possession of the Property; and, WHEREAS, the City will transfer, and WHS shall accept the transfer of the Property in an “as is” condition, with no guarantees or warranties as to the fitness of same for any particular purpose or use, or otherwise, and WHS shall, upon its receipt of the Property, thereafter be solely responsible and liable for the operation and maintenance of same; and WHEREAS, the City agrees to transfer the Property to WHS subject to the terms and conditions of this Resolution. IT IS THEREFORE RESOLVED THAT: 1. The foregoing Recitals are fully incorporated herein by this reference. 2. The transfer of the Property by the City to WHS is hereby approved pursuant to and in accordance with the terms of this Resolution. 3. WHS shall hold harmless the City of Carmel, Indiana, and its respective officers, officials, employees, attorneys, agents, successors and assigns, and shall indemnify the same for any and all liability that may arise from or as a result of the Property or any use thereof on and after the date on which this Resolution is executed. 2 SO RESOLVED. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Mayor Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk ACKNOWLEDGMENT OF TRANSFER; RELEASE OF LIABILITY FORM KNOW ALL BY THESE PRESENTS, that the City of Carmel, Indiana, by and through its Board of Public Works and Safety ("City"), in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which has been acknowledged, has agreed to transfer to Westfield High School, an Indiana school corporation ("WI-IS"), all of the City's rights and interest in and to 75 sets of surplus, obsolete turnout gear (the "Property") on the terms and conditions set forth therein. The transfer of the Property is made on an "as is" basis, with no express or implied warranties being made by the City relating to the Property, its condition and/or usefulness, including but not limited to, warranties of merchantability or fitness for a particular purpose. WHS hereby releases and forever discharges and agrees to indemnify and hold harmless the City, its officers, officials, employees, attorneys, and agents, and their successors and assigns, from and against any and all claims, demands, actions, causes of action, liabilities, losses, and/or expenses whatsoever, including, but not limited to, reasonable attorney's fees, arising out of or incu1Ted with respect to the sale. transfer, and/or use of the Property from this date forward, including but not limited to, its condition, operation and/or use by WHS and/or any subsequent owners or users thereof. ALL WARRANTIES OF QUALITY OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED. THE PROPERTY IS TRANSFERRED "AS IS," "WHERE IS" AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION OR WARRANTY BY CITY. The undersigned hereby represents and certifies that they have full power and authority to execute this Acknowledgment Of Transfer; Release Of Liability Form. IN WITNESS WHEREOF, Westfield High School has executed this Acknowledgment Of Transfer; Release Of Liability Form this _la__ day of Ju_llj , 2023. WESTFIELD HIGH SCHOOL ("WHS") �m EXHIBIT A CzTfshfzHsfdivlijobu4;6:qn-Pdu13-3134 Exhibit A Renewal Notice DateTuesday, August29, 2023 Contract NameAccount ManagerBilling Frequency RenewalStartDate CarmelFireDepartment (IN)Jackelin MaguireAnnual10-30-2023 QuantityProductDescriptionUnit PriceTotal 182Vector SchedulingVector Scheduling forwebandmobile$77.58$14,119.56 VectorCheckItforwebandmobile75VectorCheckIt -Fire/EMSVehicles$133.31$9,998.25Fire/EMSVehicles) VectorCheckItforwebandmobile6VectorCheckIt -Fire/EMSStations$222.92$1,337.52Fire/EMSStations) GrandTotal:$25,455.33 As a convenience to our customers, we are changing our billing policy effective December 1st, 2019 to send out bills 30 days in advanceof your renewal. This does not change the billing due date or the payment terms of your agreement. UponexpirationoftheInitialoranyRenewal TermofyourClientAgreement, accesstotheServices mayremainactiveforthirty (30) days UnlessotherwiseprovidedinyourClientAgreement, anyaccess termsand conditions. 8/24/2023 TARGETSOLUTIONS LEARNING, LLC DALLAS, TX 75373--6510 109998 P.O. BOX 736510 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 Check It and Scheduling Renewal Carmel Fire Department 210 Veterans Way Carmel, IN 46032- 362274 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 80178 1120Department:101Fund:General Fund 43-552.00Account: Vector Check-It - Stations6 $222.92 $1,337.52Each Vector Check-ItApparatus75 $133.31 $9,998.25Each Vector Scheduling for Web andMobile182 $77.58 $14,119.56Each 25,455.33SubTotal 25,455.33 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. 109998 ORDERED BY TITLE CONTROLLER Carmel Fire Department 210 Veterans Way Carmel, IN 46032- Denise Snyder Accreditation/Budget Administrator Baker TillyMunicipal Advisors, LLC 8365 Keystone Crossing, Suite 300 Indianapolis, IN 46240 United States of America T: +1 (317) 465 1500 F: +1 (317) 465 1550 bakertilly.com 2, 2023 City ofCarmel HonorableJamesBrainard, Mayor CarmelCity Hall OneCivicSquare CzKpoPcfsmboefsbu7;31qn-Tfq3:-3134Carmel, Indiana46032 RE:Engagement LetterAgreement RelatedtoServices Thisletteragreement(the “Engagement Letter”)isto confirmourunderstanding ofthe basisuponwhich BakerTillyMunicipalAdvisors, LLC (“BakerTilly”) and itsaffiliatesarebeingengaged bytheCity ofCarmel, Indiana (the “Client”) to assisttheClientwith advisoryservices. Scope, ObjectivesandApproach It isanticipatedthatprojects undertakeninaccordancewith thisEngagementLetterwillbeat the requestofthe Client. Thescopeof services, additionaltermsandassociatedfee forindividual engagementswillbecontained ina ScopeAppendix orAppendicestothisEngagementLetter. Authorizationtoprovideservices willcommenceuponexecutionand returnofthis EngagementLetter and oneormoreAppendices. Management'sResponsibilities It isunderstood thatBakerTillywillserveinanadvisory capacitywiththe Client. The Clientis responsible formanagementdecisionsandfunctions, andfor designatinganindividualwith suitable skill, knowledge orexperienceto overseetheservicesweprovide. TheClientis responsiblefor evaluatingtheadequacy andresultsoftheservicesperformedandacceptingresponsibilityforsuch services. TheClient isresponsibleforestablishingandmaintaininginternalcontrols, including monitoringongoing activities. Theprocedureswe performinour engagementwillbe heavilyinfluencedbytherepresentations that we receivefromClient personnel. Accordingly, falseormisleadingrepresentations could cause materialerrorstogoundetected. TheClient, therefore, agreesthatBakerTilly willhavenoliabilityin connection withclaimsbaseduponourfailureto detectmaterialerrorsresulting fromfalseor misleadingrepresentations madeto usbyany Clientpersonnel andourfailureto providean acceptablelevel ofservicedue tothosefalseor misleadingrepresentations. Theabilityto provideserviceaccordingto timelinesestablishedand atfeesindicatedwill relyinpart on receivingtimelyresponsesfrom theClient. TheClientwillprovideinformationandresponsesto deliverables withinthetimeframes establishedin aScopeAppendixunless subsequentlyagreed otherwise inwriting. Theresponsibility forauditingtherecords oftheClientrestswiththeClient’sseparatelyretained auditorandtheworkperformedby BakerTillyshallnotincludeanauditor reviewoftherecordsor the expressionofanopiniononfinancialdata. Page 1of7CityofCarmel, IndianaEngagement Letter, dated 2, 2023 MSAv20200918) Ownershipof IntellectualProperty Unlessotherwisestatedin aspecificScope Appendix, subjectto BakerTilly’s rightsinBakerTilly’s Knowledge (as definedbelow), Clientshallownallintellectualpropertyrights inthedeliverables developedunder theapplicableScopeAppendix orAppendices ("Deliverables"). Notwithstanding the foregoing, BakerTillywill maintainallownershipright, titleandinteresttoallBakerTilly’sKnowledge. ForpurposesofthisAgreement “BakerTilly’sKnowledge” meansBakerTilly’sand itsaffiliates (“Baker TillyParties”)proprietaryprograms, modules, products, inventions, designs, data, orother information, includingall copyright, patent, trademarkandotherintellectualpropertyrightsrelatedthereto, thatare 1)owned ordevelopedbythe Baker TillyPartiespriorto theEffectiveDateof thisAgreementorthe applicableScope AppendixorAppendices(“BakerTilly’sPreexisting Knowledge”) (2) developed or obtained bytheBaker TillyPartiesaftertheEffectiveDate, that arereusablefromclienttoclientand projectto project, whereClienthasnotpaid forsuchdevelopment; and (3) extensions, enhancements, ormodificationsofBakerTilly’sPreexistingKnowledgewhichdonotincludeorincorporatetheClient’s confidentialinformation. Totheextent thatanyBakerTillyKnowledgeisincorporatedintothe Deliverables, BakerTillygrants toClientanon-exclusive, paidup, perpetual royalty-free worldwide licenseto usesuch BakerTillyKnowledgeinconnectionwiththeDeliverables, andfornoother purposewithoutthe priorwrittenconsentofBakerTilly. Additionally, BakerTillymay maintaincopies ofitsworkpapersforaperiodof timeandforusein amannersufficient tosatisfy anyapplicablelegal or regulatoryrequirements. The supportingdocumentation forthisengagement, including, butnotlimitedtoworkpapers, is the propertyofBakerTillyandconstitutesconfidentialinformation. Wemay havearesponsibilitytoretain thedocumentation foraperiod oftimesufficienttosatisfyanyapplicablelegal orregulatory requirements forrecordsretention. Ifwe arerequiredbylaw, regulationorprofessional standardsto makecertaindocumentation availabletorequiredthirdparties, the Clienthereby authorizesustodo so. Timing andFees Specificserviceswillcommence uponexecutionandreturnofaScope Appendixto thisEngagement Letterand ourprofessionalfeeswillbebasedontheratesoutlinedinsuch ScopeAppendix. Payment ofprofessionalfeesis notcontingentuponproject completionbyClientnormaterialtiming changes inprojectcompletion. Professional feesprovided accordingtotheScopeAppendixaredue within 30daysofbeinginvoiced, regardlessofprojectstatus. Ifnecessary, monthlypaymentplan arrangements maybenegotiatedupon request. Unlessotherwise stated, inaddition tothefeesdescribedinaScopeAppendix theClientwill payall ofBakerTilly’s reasonableout-of-pocket expensesincurred inconnectionwith theengagement. All outofpocketcostswillbe passedthroughat costandwill beinadditiontotheprofessionalfee. DisputeResolution Exceptfordisputes relatedto confidentiality orintellectualpropertyrights, alldisputesand controversies betweenthe partiesheretoofevery kindandnaturearisingoutof orinconnectionwith thisEngagementLetterorthe applicableScopeAppendixorAppendices astothe existence, construction, validity, interpretation ormeaning, performance, nonperformance, enforcement, operation, breach, continuation, orterminationofthis AgreementortheapplicableScopeAppendix or Appendices asshallbe resolvedassetforthinthissectionusingthefollowingprocedure: In the unlikelyeventthatdifferencesconcerning theservicesorfeesprovidedby BakerTillyshouldarise thatarenot resolvedbymutual agreement, bothpartiesagree toattemptingood faithtosettle the dispute byengaginginmediationadministeredbytheAmericanArbitrationAssociationunderits mediation rulesforprofessionalaccountingand relatedservicesdisputesbeforeresortingto litigation orany otherdisputeresolution procedure. Page 2of7CityofCarmel, IndianaEngagement Letter, dated 2, 2023 MSAv20200918) Eachpartyshallbeartheirown expensesfrom mediationandthefees andexpensesof themediator shallbe sharedequallyby theparties. Ifthe disputeisnotresolvedby mediation, thenthe parties agree toexpresslywaivetrialbyjury inany judicialproceedinginvolvingdirectlyorindirectly, any matter (whethersoundingin tort, contract, or otherwise) in anywayarisingoutof, related to, or connectedwiththis AgreementortheapplicableScopeAppendixorAppendicesasortherelationship ofthepartiesestablishedhereunder. Because abreach ofanytheprovisions ofthisEngagement LetterortheapplicableScope Appendix orAppendicesasconcerningconfidentialityor intellectualpropertyrightswillirreparablyharmthenon- breachingparty, Clientand BakerTillyagreethatifaparty breachesany ofits obligationsthereunder, thenon-breachingparty shall, withoutlimiting itsother rightsor remedies, beentitledto seekequitable relief (including, butnotlimited to, injunctiverelief) to enforceitsrightsthereunder, includingwithout limitation protectionof itsproprietary rights. Thepartiesagreethatthepartiesneed notinvokethe mediationproceduressetforthinthissectioninorderto seekinjunctiveordeclaratoryrelief. LimitationonDamages Totheextentallowed underapplicablelaw, theaggregateliability (includingattorney’sfeesandall othercosts) of eitherpartyanditspresent orformerpartners, principals, agentsor employeestothe otherpartyrelatedtotheservices performedunderan applicableScopeAppendix orAppendicesshall notexceed thefeespaidto BakerTillyunder theapplicableScopeAppendixorAppendicestowhich the claimrelates, excepttotheextentfinallydetermined tohave resultedfromthe grossnegligence, willfulmisconduct orfraudulentbehavioroftheat-faultparty. Additionally, innoeventshalleitherparty be liableforanylost profits, lost businessopportunity, lost data, consequential, special, incidental, exemplaryor punitivedamages, delaysor interruptionsarisingoutofor relatedtothisEngagement LetterortheapplicableScopeAppendix orAppendicesaseveniftheotherpartyhas beenadvisedof the possibilityofsuchdamages. Eachpartyrecognizesand agreesthatthewarrantydisclaimersand liabilityandremedylimitations in thisEngagement Letterarematerialbargainedfor basesofthisEngagement Letterandthattheyhave beentakenintoaccount andreflectedindeterminingtheconsiderationtobegivenby eachpartyunder this EngagementLetterandinthedecisionby eachpartytoenterintothis EngagementLetter. Theterms ofthissectionshallapplyregardlessof thenatureofanyclaim asserted (including, butnot limited to, contract, tort orany formofnegligence, whether ofyou, BakerTillyorothers), butthese termsshallnotapply tothe extentfinallydeterminedtobecontrary tothe applicablelaworregulation. These termsshallalsocontinuetoapply afteranyterminationof thisEngagementLetter. You acceptand acknowledgethatanylegalproceedings arisingfromorinconjunctionwiththe servicesprovided underthisEngagementLetter mustbecommencedwithin twelve (12) monthsafter theperformanceoftheservicesforwhichtheactionis brought, without considerationastothetimeof discovery ofanyclaim. OtherMatters E-VerifyProgram BakerTillyparticipates in theE-Verifyprogram. Forthepurposeofthis paragraph, theE-Verify programmeanstheelectronicverification oftheworkauthorizationprogramoftheIllegalImmigration ReformandImmigrationResponsibilityActof1996 (P.L. 104-208),DivisionC, Title IV, s.401(a), as amended, operatedbytheUnited StatesDepartment ofHomelandSecurity orasuccessorwork authorization programdesignated bytheUnitedStates DepartmentofHomelandSecurity orother federalagencyauthorized toverifytheworkauthorization statusofnewlyhiredemployeesunderthe ImmigrationReformand ControlActof1986 (P.L. 99-603). BakerTillydoes notemployany unauthorizedaliens” asthatterm isdefinedin8U.S.C. 1324a(h)(3). Page 3of7CityofCarmel, IndianaEngagement Letter, dated 2, 2023 MSAv20200918) Investments BakerTillycertifiesthatpursuantto I.C. 5-22-16.5et seq. Baker Tillyisnotnowengaged ininvestment activitiesinIran. Baker Tillyunderstands thatproviding afalsecertificationcould resultinthefines, penalties, andcivilactionlistedinI.C. 5-22-16.5-14. Non-Discrimination PursuanttoI.C.§22-9-1-10, BakerTillyandits subcontractors, if any, shallnot discriminateagainstany employeeorapplicant foremploymenttobeemployedintheperformanceofthisEngagementLetter, with respecttohire, tenure, terms, conditions orprivilegesofemployment oranymatter directlyor indirectly relatedtoemployment, becauseofrace, religion, color, sex, disability, nationalorigin, ancestry, or veteran status. Breachofthiscovenantmayberegardedasa materialbreachofthisEngagementLetter. BakerTillycertifiesthat, exceptfordeminimisandnon-systematicviolations, ithasnotviolatedthe termsofI.C. 24-4.7, I.C. 24-5-12, orI.C. 24-5-14in thepreviousthreehundredsixty-five (365) days, evenifI.C. 24-4.7ispreemptedbyfederallaw, andthat BakerTillywillnotviolatethetermsofI.C. 24- 4.7forthedurationoftheEngagement Letter, evenifI.C. 24-4.7ispreemptedbyfederallaw. Baker Tillyfurthercertifiesthat anyaffiliateorprincipalofBakerTillyandanyagentactingon behalfofBaker Tillyoronbehalfof anyaffiliateorprincipalof BakerTilly, exceptfordeminimisandnon-systematic violations, hasnotviolated thetermsofI.C. 24-4.7in theprevious threehundredsixty-five (365) days, even ifI.C. 24-4.7ispreemptedbyfederallaw, andwillnotviolatethetermsofI.C. 24-4.7for the durationof theEngagementLetter, evenifI.C. 24-4.7is preemptedbyfederal law. Anti-Nepotism TheFirmis awareof theprovisions underI.C. 36-1-21etseq. withrespecttoanti-nepotismin contractualrelationships withgovernmentalentities. TheFirmisnot awareofanyrelative (as defined inI.C. 36-1-21-3) ofany electedofficial (asdefinedin I.C. 36-1-21-2) oftheClient whoisanowner or anemployee ofthe Firm. In theeventBakerTillyisrequestedby theClient; orrequiredbygovernment regulation, subpoena, or otherlegalprocess toproduceourengagementworkingpapersor itspersonnelas witnesseswith respecttoitsServicesrenderedfortheClient, solongasBakerTillyisnotapartytotheproceeding in whichtheinformation issought, ClientwillreimburseBakerTillyfor itsprofessionaltime and expenses, aswellasthe feesandlegalexpenses incurredinrespondingtosucha request. NeitherthisEngagementLetter, anyclaim, noranyrights orlicensesgrantedhereundermay be assigned, delegated, orsubcontractedby eitherpartywithout the ‘writtenconsent oftheotherparty. Eitherpartymayassignandtransfer thisEngagementLettertoanysuccessorthatacquiresall or substantiallyallofthebusinessorassetsof suchpartybywayofmerger, consolidation, otherbusiness reorganization, orthesale ofinterestorassets, providedthat thepartynotifiestheotherpartyinwriting ofsuch assignmentandthesuccessoragrees inwritingtobeboundbythetermsandconditionsof thisEngagementLetter. In theevent thatanyprovision ofthisEngagement LetterorstatementofworkcontainedinaScope Appendixhereto is heldbya courtofcompetentjurisdiction tobeunenforceablebecause itisinvalid orinconflictwithanylawofanyrelevant jurisdiction, the validityoftheremainingprovisions shallnot be affected, andtherightsandobligationsofthepartiesshallbe construedand enforcedasif the EngagementLetterorstatementofwork didnotcontaintheparticular provisionsheldtobe unenforceable. Theunenforceableprovisions shallbereplaced bymutually acceptableprovisions which, beingvalid, legaland enforceable, comeclosesttotheintentionofthe partiesunderlying the invalid orunenforceable provision. IftheServicesshould becomesubjecttotheindependencerules ofthe U.S. SecuritiesandExchangeCommissionwith respecttoClient, suchthat anyprovisionofthis EngagementLetterwouldimpairBakerTilly’s independenceunder itsrules, suchprovision(s) shallbe ofno effect. Page 4of7CityofCarmel, IndianaEngagement Letter, dated 2, 2023 MSAv20200918) All non-municipal advisory services provided hereunder shall be performed in accordance with the professional standards of the Baker Tilly affiliate that performs the services and may not create a fiduciary relationship between the Baker Tilly affiliate andthe Client. Termination Both the Client and Baker Tilly have the right toterminate this Engagement Letter or any work being done under an individual Scope Appendix at any time after reasonable advance written notice. On termination, all fees and charges incurred prior to termination shall be paid promptly. Unless otherwise agreed toby the Client and Baker Tilly, the scope of services provided in aScope Appendix will terminate 60days after completion of the services in such Appendix. Important Disclosures Incorporated as Attachment A and part of this Engagement Letter are important disclosures. These include disclosures that apply generally and those that are applicable in the event Baker Tilly is engaged to provide municipal advisory services. This Engagement Letter, including the attached Disclosures as updated from time to time, comprises the complete and exclusive statement of the agreement between the parties, superseding all proposals, oral or written, and all other communications between the parties. Both parties acknowledge that work performed pursuant to the Engagement Letter will be done through Scope Appendices executed and made apart of this document. Any rights and duties of the parties that by their nature extend beyond the expiration or termination of this Engagement Letter shall survive the expiration or termination of thisEngagement Letter or any statement of work contained in a Scope Appendix hereto. Ifthis Engagement Letter is acceptable, please sign below and return one copy to us for our files. Sincerely, Scott A. Miller, Partner Heidi A. Amspaugh, Principal Signature Section: The terms as set forth in this Engagement Letter are agreed to on behalf of the Client by: Name: Name: Title: Title: Date: Date: City of Carmel, Indiana Engagement Letter, dated September 28, 2023 Page 5 of7 MSAv20200918) Attachment A Important Disclosures Non-Exclusive Services Client acknowledges and agrees that Baker Tilly and its affiliates, including but not limited toBaker Tilly US, LLP, Baker Tilly Municipal Advisors, LLC, Baker Tilly Capital, LLC, and Baker Tilly Wealth Management, LLC, isfree to render municipal advisory and other services tothe Client orothers and that Baker Tilly does not make its services available exclusively to the Client. Affiliated Entities Baker Tilly US, LLP is an independent member of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is aseparate and independent legal entity and each describes itself as such. Baker Tilly US, LLP is notBaker Tilly International’s agent and does not have the authority to bind Baker Tilly International oract on Baker Tilly International’sbehalf. None of Baker Tilly International, Baker Tilly US, LLP, nor any of theother member firms of Baker Tilly International has any liability for each other’s acts or omissions. The name Baker Tilly andits associated logo isused under license from Baker Tilly International Limited. Baker Tilly Wealth Management, LLC (“BTWM”), a U.S. Securities and Exchange Commission (“SEC”) registered investment adviser, may provide services tothe Client inconnection with the investment of proceeds from anissuance of securities. In such instances, services will be provided under aseparate engagement, foran additional fee. Notwithstanding the foregoing, BakerTilly may actassolicitor forand recommend theuseofBTWM, butthe Client shallbeunder noobligation toretain BTWM ortootherwise utilize BTWM relative to Client’s investments. The fees paid with respect to investment services are typically based in part onthe size of theissuance proceeds and Baker Tilly may have incentive to recommend larger financings than would be in the Client’s best interest. Baker Tilly will manage and mitigate thispotential conflict ofinterest by thisdisclosure of the affiliated entity’srelationship, aSolicitation Disclosure Statement whenClient retains BTWM’sservices. Baker Tilly Capital, LLC (“BTC”) isalimited service broker-dealer specializing in merger and acquisition, capital sourcing, project finance and corporate finance advisory services. BTC does not participate in any municipal offerings advised on by its affiliate Baker Tilly Municipal Advisors. Any services provided to Client by BTC would bedone sounder aseparate engagement for an additional fee. Baker Tilly Municipal Advisors (“BTMA”) is registered as a “municipal advisor” pursuant to Section 15B of the Securities Exchange Act and rules and regulations adopted by the SEC andthe Municipal Securities Rulemaking Board (“MSRB”). As such, BTMA may provide certain specific municipal advisory services tothe Client. BTMA is neither aplacement agent to the Client nor abroker/dealer. The offer and sale of any bonds is made by the Client, in the sole discretion of the Client, and under its control and supervision. The Client acknowledges that BTMA does not undertake to sell or attempt to sell bonds or other debt obligations andwill not take part in the offer or sale thereof. Baker Tilly, may provide services to the Client in connection with human resources consulting, including, but not limited to, executive recruitment, talent management and community survey services. In such instances, services will be provided under a separate scope of work foran additional fee. Certain executives of the Client may have been hired after the services of Baker Tilly were utilized and may make decisions about whether to engage other services of Baker Tilly or its affiliates. Notwithstanding the foregoing, Baker Tilly may recommend the use of Baker Tilly or asubsidiary, but the Client shall be under no obligation to retainBaker Tilly or an affiliateortootherwise utilizeeitherrelativetotheClient’sactivities. Page 6 of7CityofCarmel, Indiana Engagement Letter, dated 2, 2023 (AttachmentA) MSAAppAV20200825) Conflict Disclosure Applicable to Municipal Advisory Services Provided by BTMA Legal or Disciplinary Disclosure. BTMA is required to disclose to the SEC information regarding criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation involving BTMA. Pursuant toMSRB Rule G-42, BTMA is required to disclose any legal or disciplinary event that is material tothe Client’s evaluation of BTMA or the integrity of its management or advisory personnel. There are no criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations orcivil litigation involving BTMA. Copies ofBTMA filings with the SEC can currently be found by accessing the SEC’sEDGAR system Company Search Page which is currently available at https://www.sec.gov/edgar/searchedgar/companysearch.html and searching foreither BakerTilly Municipal Advisors, LLC orforourCIKnumber which is0001616995. The MSRB has made available on its website (www.msrb.org) a municipal advisory client brochure that describes the protections that may be provided by MSRB rules and how to file a complaint with the appropriate regulatory authority. Contingent Fee. The fees to be paid by the Client to BTMA are or may be based on the size of the transaction and partially contingent on the successful closing of the transaction. Although this form of compensation may becustomary inthemunicipal securities market, itpresents aconflict because BTMA may have an incentive to recommend unnecessary financings, larger financings or financings that are disadvantageous to the Client. For example, when facts or circumstances arise that could cause a financing or other transaction to be delayed or fail toclose, BTMA may have an incentive to discourage a full consideration of such facts and circumstances, or to discourage consideration of alternatives that may result in the cancellation of the financing or other transaction. Hourly Fee Arrangements. Under an hourly fee form of compensation, BTMA will be paid an amount equal to the number of hours worked multiplied by an agreed upon billing rate. This form of compensation presents apotential conflict of interest ifBTMA andthe Client do not agree on amaximum fee underthe applicable Appendix to this Engagement Letter because BTMA will not have a financial incentive to recommend alternatives that would result in fewer hours worked. In addition, hourly fees are typically payable by the Client whether or not the financing transaction closes. Fixed Fee Arrangements. The fees to be paid by the Client to BTMA may be in afixed amount established at the outset of the service. The amount is usually based upon an analysis bythe Client and BTMA of, among other things, the expected duration and complexity of the transaction and the work documented in the Scope Appendix to be performed by Baker Tilly. This form of compensation presents apotential conflict of interest because, if the transaction requires more work than originally contemplated, Baker Tilly may suffer a loss. Thus, Baker Tilly may recommend less time-consuming alternatives, or fail to do a thorough analysis of alternatives. BTMA manages and mitigates conflicts related to fees and/or other services provided primarily through clarity in thefeeto be charged and scope of work tobe undertaken andbyadherence toMSRB Rules including, but not limited to, the fiduciary duty which it owes to the Client requiring BTMA to put the interests ofthe Client ahead of itsownand BTMA’s duty todeal fairly with allpersons in its municipal advisory activities. To the extent any additional material conflicts of interest have been identified specific to ascope of work the conflict will be identified in therespective Scope Appendix. Material conflicts of interest thatarise afterthedateof aScope Appendix will be provide to the Client in writing at that time. Page 7 of7CityofCarmel, Indiana Engagement Letter, dated 2, 2023 (AttachmentA) MSAAppAV20200825) Approved and Adopted 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: SueWolfgang, Clerk Date: _____________________________________ CzTfshfzHsfdivlijobu3;33qn-Pdu17-3134 Morphey Construction, Inc Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110125 Contract Not To Exceed $1,124,300.00 thDepartmentBidProposalPackagefor “22-ENG-02 116 Street Multi-Use Path from Michigan Road to Towne Road” received by the City of Carmel Board of Public Works and Safety on or about October 4, 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 S:\\Contracts\\Departments\\ENG\\2023\\Morphey Construction, Inc. Goods and Services.docx:10/6/2023 11:03 AM\] 2 Morphey Construction, Inc Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110125 Contract Not To Exceed $1,124,300.00 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. 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 S:\\Contracts\\Departments\\ENG\\2023\\Morphey Construction, Inc. Goods and Services.docx:10/6/2023 11:03 AM\] 3 Morphey Construction, Inc Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110125 Contract Not To Exceed $1,124,300.00 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. 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: Morphey Construction, Inc. 1499 N Sherman Drive Indianapolis, Indiana 46201 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\\Morphey Construction, Inc. Goods and Services.docx:10/6/2023 11:03 AM\] 4 Morphey Construction, Inc Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110125 Contract Not To Exceed $1,124,300.00 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\\Morphey Construction, Inc. Goods and Services.docx:10/6/2023 11:03 AM\] 5 Morphey Construction, Inc Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110125 Contract Not To Exceed $1,124,300.00 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\\Morphey Construction, Inc. Goods and Services.docx:10/6/2023 11:03 AM\] 6 Exhibit A 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. The Taylor Realty Group, P.C. Engineering Department -2023 Appropriation #2200 0 44-628. 71 2020 Road Bond Fund; P.O. # 109936 APPROVED By Sergey Grechukhin at 9:01 am, Oct 06, 2023ContractNotToExceed $27,845.00 College Avenue Reconstmction; Project 20-ENG-04-N; Parcels #1, 9, 12, 13, 16 & 17 - Second Appraisals ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") entered into by and between the City of Carmel and The Taylor Realty Group, P.C. (the "Professional"), as City Contract dated April 6, 2023 shall amend the terms of the Agreement by adding the additional services to be provided by Professional consistent with the Scope of Work attached hereto and incorporated herein as Exhibit "A". The terms and conditions of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: ---------- Mary Ann Burke, Member Date: _________ _ Lori S. Watson, Member Date: ---------- ATTEST: Sue Wolfgang, Clerk Date: ----------[ S:\Contrntts\Departmcnts\ENG\20"'-3\TheTnrlorRcaltyGroup, PCASA• Collc eA\'enue RC(onstmctionSecond The Taylor Realty Group, P.C. By M, u. t Auilidi,,ature Printed Name Title FID/TIN: B \ -5 3 \ l-Jq 3 J Date: __,6""---=c ........ :r_;:;_o ....... {3'1, ..... lh<=--....... i.....,,,_.242-===---2..""""'-=3_ Appraisals.doc:t:10/$/2023 9:13 AM] UIIIWUr mllTIIIIIIITU l REAL ESTATE SERVICES FEE SCHEDULE Page 1 of2 Right of Wav Management Services Right ofWay Management Services Include: all processes, procedures, observations, data entry into LRS, and management of all services needed to clear the right of way, including all of the necessary activities to certifythe right of way that has to be acquired to clear the project(s) for construction. This shall be completed in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations), the current version of the INDOT Real Estate Division Manual, and as contracted with or otheiwise directed by INDOT. The current version of the INDOT Real EstateManual is located at http://www.in.gov/indot/249 3.htm. All services listed below shall be required within the Right of Way ServicesManagement scope of work. Report Type Fee Right of WayManagement services fee $1,310 per parcel Publishing and Payment fa Legal Notice oo parcels $520 per project Valuation Services arly Assessment Real Estate Cost Estimate Includes: all processes, procedures and observations to complete a Real Estate Cost Estimate assignment (including but not limited to completion of he INDOT Real Estate CostEstimate Spreadsheet) in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulatioos), the current version of he INDOT Real Estate DivisionManual, and as contracted with or otherwisedirected by INDOT. omp Dockets Include: providing comparable sales data (including but not limited to market data research and raw sales data) or as otherwise requested by INDOT within the scope of wak for Noo- Report Services agreed upon at the time of assignment. Waiver Valuations Include: all processes, procedures and observations to complete a waiver valuation report in accordance with federal and state law (including but not limited to Federal Highway dministration rules and regulatioos), the current version of the INDOT Real Estate DivisionManual, and as contracted with or otherwisedirected by INDOT. Appraisal Reports Include: all processes, procedures and observations to complete an appraisal report of the type below assigned by INDOT in accordance with federal and state law (including but r,otlimited to Federal Highway Administration rules and regulatioos), the current version of the INDOT Real Estate DivisionManual, and as contracted with or otherwisedirected by INDOT. Appraisal ees are defined and oaid based on INDOT oarcel and not countv tax identification oarcel. Non-Report Services Per Parcel Fee Ear1y Assessment: Projects s 50 parcels $145 Early Assessment: Projects > 50 parcels negotiated based upon complexity Canp Docket Agricultural/ Residential Properties: $270 ICanp Docket Canmercial / Specialized Properties: $550 ReportType Waiver Valuation: Any PropertyType (Improved or Unimproved) $725 Value Finding: Any Property Type (Improved or Unimproved) $2,055 Shat Form: Any Property Type (Improved or Unimproved) $3,015 Shat Form: Residential/ Ag (Wth affected improvements or a total take) $3,375 Shat Form: Canmercial / Industrial /Multi-Family/ Special/ Billboard (Wth affectedimprovementsor a total take) $4,710 Long Form: Any Property Type (Unimproved) $3,625 Long Form: Residential/ Ag (Improved) $4,815 Long Form: Canmercial / Industrial /Multi-Family/ Special (Improved) $12,050 Excess Land Appraisal $695 The specific Report Type above is determined by INDOT Review Appraisers or their supervisors after the Appraisal Problem Analysis has been canpleted. Review Valuation Services Appraisal Problem Analysis Includes: all processes, procedures and observations to complete an Appraisal Problem Analysis in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations), the current version of the INDOT Real Estate DivisionManual, and as contracted with or otherwisedirected by INDOT. ReviewofWaiver Valuation and/or Appraisal ReportsInclude: all processes, procedures and observations to complete a review of an appraisal report or waiver valuation report in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations) the current version of the INDOT Real Estate DivisionManual, and as contracted with or otherwise directed by INDOT. Appraisal fees are defined and paid based on INDOT parcel and not ca.mty tax identification parcel. Report Type Per Parcel Fee Appraisal Problem Analysis (APA) $270 Waiver Valuation: Any Property Type (Improved or Unimproved) $435 Value Finding: Any Property Type (Improved or Unimproved) $1,035 Shat Form: Any Property Type (Improved or Unimproved) $1,445 Shat Form: Residential/ Ag (Wth affected improvements or a total take) $1,630 Shat Form: Canmercial / Industrial /Multi-Family/ Special/ Billboard (Wth affected improvements or a total take) $2,300 Long Form: Any Property Type (Unimproved) $1,725 Long Form: Residential/ Ag (Improved) $2,280 Long Form: Canmercial / Industrial /Multi-Family/ Special (Improved) $5,550 Buying Services Buying Services Include: all processes, procedures and observatioos to complete the total or partial acquisition of real estate, the obtaining of temporary or access rights, or buying review in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations), the current version of the INDOT Real Estate Division Manual, and as contracted with or otheiwise directed by INDOT. Report Type Per Parcel Fee Total/Partial Acquisition $2,160 Temporary/Access Rights $1,800 MAP 21 Offer -Total/Partial Acquisition $2,705 MAP 21 Offer -Temporary/Access Rights $2,345 Buying Review $360 Relocation Services Relocation Services Include: all processes, procedures and observations to complete the activities for relocation of residential or business owners or tenants, or relocation of personal property, or review of any such relocation activitiesin accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulatioos), the current version of the INDOT Real Estate DivisionManual, and as contracted with or otherwisedirected by INDOT. Report Type Payment Schedule Per Relocation Fee Residential Owner I Tenant Payments: 1/3 Relo'Appraisal meeting is complete, 1/3 90 Day Notice is issued, 1/3 parcel is closed $4,330 Business Owner/ Tenant Payments: 1/3 Reio/Appraisal meeting is complete, 1/3 90 Day Notice is issued, 1/3 parcel is closed $4,330 Personal Prq:ierty Only Payments: 1/3 Reio/A ppraisal meeting is complete, 1/3 90 Day Notice is issued, 1/3 parcel is closed $1,815 Residential and Business Review 100% once the parcel is compliant and closed. $1,205 Personal PropertyMove 100% once the parcel is compliant and closed. $460OnlyReview Property Management Services Property Management Services Include: all processes, procedures, observations, data entry into LRS, and management of all services needed to complete the parcel's readiness for demolition. This shall be completed in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulatioos), the current version of the INDOT Real Estate DivisionManual, and as contractedwith or otherwisedirected by INDOT. The current versioo of the INDOT Real EstateManual is located at http:/IWW'N.in.gov/indot/249 3.htm. All services listed belcm shall be required within Property Management Services scope of work. Non-Report Services Per Parcel Fee PropertyManagement per parcel services fee $1,035 Placing Rat Bait on structure $105 Placing Appropriate Signs on structure $210 Boarding Up Openings on structure Amount on Written Estimate Approved by INDOT Debris Removal Amount on Written Estimate Approved by INDOT Report Type Asbestos Sampling and Analysis Amount on Written Estimate Approved by INDOT Utility Discoonectioo Coadinatioo & Verificatioo Amount on Written Estimate Approved by INDOT UIIIWUr mllTIIIIIIITU l Page2of2 The above Fee Schedule will be effective for all new on-call real estate contract assignments (based on the date that Purchase Orders are issued) made on or after January 1, 2023. The Fee Schedule for (a) project-specific contracts that include any land acquisition services, and (b) contracts entered into under "Small Purchase Procedures" pursuant to Section 3.3.1 of INDOT's Professional Services Contract Administration Manual will be in accordance with the payment terms in the contracts and be the Fee Schedule in place on the date the contract was approved by the Attorney General of Indiana. Any deviation in established fees from the above rules in this paragraph will require (and shall not be allowed without) written pre-approval from the Director or one of his or her Managers in INDOT's Real Estate Department. r..Ji Nextlevel INDIANA REVISED: 1/1/2023 1 VF $ 2,055 9 LF -R $ 4,815 12 LF -C $ 12,050 13 VF $ 2,055 16 VF $ 2,055 17 LF -R $ 4.815 27,845 Jeff INDIANA RETAIL TAX EXEMPT Page 1 of 1CityofCarmelCERTIFICATENO. 003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 109936 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, AJP CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL -1997 PURCHASE ORDER DA TE DATE REQUIRED REQUISITION NO VENDOR NO. DESCRIPTION 7/31/2023 377074 20-ENG-04 N -Appraisal Services THE TAYLOR REALTY GROUP PC City Engineering's Office VENDOR 3211 ANNALLY DR SHIP 1 Civic Square Carmel, IN 46032- CARMEL, IN 46032--9650 Laurie Slick PURCHASE ID BLANKET I CONTRACT PAYMENT TERMS FREIGHT 79526 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE Department: 2200 Account: 44-628. 71 1 Each 1 Each Send Invoice To: Jill Newport CrossRoad Engineers, PC 115 N. 171h Avenue Beech Grove, IN 46107 Fund: 0 jnewport@crossroadengineers.com DEPARTMENT 2020 Road Bond 20-ENG-04 N -Appraisal Services (Parcel 3, 4, 11,14, 15, 22 &$18,790.00 23) 20-ENG-04N -ASA1 -Appraisal Services (Parcel 1, 9, 12, 13,$27,845.00 16 & 17 ) PO adjustment Sub Total ACCOUNT I PROJECT I PROJECT ACCOUNT I EXTENSION 18,790.00 27,845.00 46,635.00 AMOUNT PAYMENT $46,635.00 SHIPPING INSTRUCTIONS SHIP PREPAID C O D SHIPMENT CANNOT BE ACCEPTED 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 CONTROL NO. 109936 TITLE CONTROLLER NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE PO NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATT ACHED I HEREBY CERTIFY THAT THERE IS AN UNOBLIGA TED BALANCE IN THIS APPROPRIATION SUFFICIE NT TO PAY FOR THE ABOVE ORDER Jeremy Kashman Director James Crider Director of Administration CzTfshfzHsfdivlijobu:;18bn-Pdu1:-3134 United Construction Services, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110124 Contract Not To Exceed $89,600.00 of Carmel Board of Public Works and Safety on or about October 4, 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 of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. S:\\Contracts\\Departments\\ENG\\2023\\United Construction Services, LLC Goods and Services - 96th St Tree Clearning.docx:10/6/2023 9:41 AM\] 2 United Construction Services, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110124 Contract Not To Exceed $89,600.00 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 under or pursuant to this Agreement. S:\\Contracts\\Departments\\ENG\\2023\\United Construction Services, LLC Goods and Services - 96th St Tree Clearning.docx:10/6/2023 9:41 AM\] 3 United Construction Services, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110124 Contract Not To Exceed $89,600.00 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: United Construction Services, LLC 347 S Broadway Street Pendleton, Indiana 46064 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\\United Construction Services, LLC Goods and Services - 96th St Tree Clearning.docx:10/6/2023 9:41 AM\] 4 United Construction Services, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110124 Contract Not To Exceed $89,600.00 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\\United Construction Services, LLC Goods and Services - 96th St Tree Clearning.docx:10/6/2023 9:41 AM\] 5 United Construction Services, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110124 Contract Not To Exceed $89,600.00 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\\United Construction Services, LLC Goods and Services - 96th St Tree Clearning.docx:10/6/2023 9:41 AM\] 6 Exhibit A 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. CzTfshfzHsfdivlijobu21;11bn-Pdu23-3134 Exhibit A 317-255-9789. propertyservices.com TH2817E. 55Place, Suite 101,Indianapolis, IN 46220. Proposal Date:3.14.2023 Proposal: P230203 thKnaussPropertyServicesLLC, ("Contractor"), with an office at2817 E 55Place Indianapolis, in submits the following proposal to CityofCarmel("Purchaser"), (“Project”) PARKING GARAGE CLEANING. We will provide materials and labor described under "Scope of Work" below ("theWork) Goal –Remove Debris and Rinse Entire Garage including Walls and Columns. THIS ISAMID LEVEL CLEAN Scope of Work:We propose to furnish all necessary labor, material, equipment and standard insurance for the following repair at the above referenced project. 1.)Mobilization 2.)Take photos before, during, and after each phase of the project. 3.)Adjustable pressure wands and pressure. 4.)Goal –Remove debris and Rinse Entire Garage including Walls and Columns. Notes-Water will be reclaimed inaccordance with EPA and Local guidelines as required. Environmental Surcharge of actual cost expenses + 15% will apply for any and all additional costs or expense to comply with environmental laws, ordinances, or regulation costs, including but not limited to waste water disposal fees, which will be added to customer’s invoice. Per Boyd Piercy-The drains are connected to the sanitary sewer. NO waste water treatment needed. No waste water treatment included in this proposal. Water meter and water will be provided by City of Carmel per Boyd Piercy at no charge to KPS. a.)Windows are Excluded. We are not window washing professionals. b.)Cover/Protect Electrical Outlets/Drains Garage: 200SRangelineRoad 8,347.00 Approval_______________________ STARTDATE: TBD rdGarage: 879 S 3Street 19,899.00 Approval_______________________ STARTDATE:TBD The price fortheabove described Work isAcceptance: By signing thisproposal, thepurchaser accepts asabinding contract allofitsterms andconditions, including theGeneral condition, Special Conditions onthispage and all Continuation Pages ofthisproposal. ThisProposal shall expire automatically unless theabove-named purchaser shall have delivered acopy ofthisProposal, duly signed byit, toContractor onor before the30th dayfrom thedate hereof. No modificationby Purchaser tothisProposal, ortotheGeneral Conditions, shall become apartofthe contract unless specifically agreed toinwriting byContractor, andshall automatically make thisProposal void and of noeffect. Payments fortheabove proposal shall bepaid monthly or infullupon completion inaccordance with an excepted schedule ofvalues. Payment is due upon receipt of invoice. Ifpurchaser fails to pay within (30) days of invoice, purchaser shall pay Knauss Property Services LLC interest at the rate of 1.5% per month(18% annually) on all unpaid invoiced amounts from date of invoice until paid, plus all cost of collection, including attorney’s fees. Date Accepted: _______________ Knauss Property Services, LLC By: _________________________ by: Ralph Knauss 317.590.8750 4/28/2023 KNAUSS PROPERTY SERVICES LLC INDIANAPOLIS, IN 46220 - 109709 2817 E 55TH PLACE 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 372933 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 77096 1206Department:101Fund:General Fund 43-509.00Account: GarageCleaning1 $28,246.00 $28,246.00Each 28,246.00SubTotal 28,246.00 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. 109709 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner CzBmmjtpoMzodi.NdHsbuibu23;53qn-Pdu22-3134 Exhibit A 10/10/2023 SMOCK FANSLER CORP INDIANAPOLIS, IN 46241 - 110129 2910 W MINNESOTA 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 00350511 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 81396 2201Department:2201Fund:Motor Vehicle Highway FND 43-509.00Account: Jazz SculptureProject1 $10,335.00 $10,335.00Each 10,335.00SubTotal 10,335.00 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. 110129 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner 12/9/2021 SMOCK FANSLER CORP INDIANAPOLIS, IN 46241 - 105913 2910 W MINNESOTA 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 00350511 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 61782 2201Department:2201Fund:Motor Vehicle Highway FND 43-509.00Account: Repairs to 106th / Ditch1 $64,026.00 $64,026.00Each 64,026.00SubTotal 64,026.00 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. 105913 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham James Crider 317) 733-2001 Commissioner Director of Administration Balance As Of 10/10/23 = $24,616.00 Clerk 10/11/23 BPW 10/18/23 REVIEWED/RECOMMEND APPROVAL CPD Horner 10/3/23 STREET Privett 10/3/23 CFD Heavner 10/3/23 ENGINEERING 10/3/23 CRED Brewer 10/3/23 Event Start time: 05:00:00 PM Rehearsal Rehearsal Date: Rehearsal Start Time: Fees? Description of Event: ., NA Event end time: 07:00:00 PM Rehear�al End Time: Will a Fee be charged for this event? If yes, please describe below. YES •NO Provide a brief description of event Informing the public, and especially teachers about the upcoming Operating Referendum Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply FACILITY (S) CARTER GREEN (area between Palladium & theater building) CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO / LAWN JAPANESE GARDEN MONON & MAIN PLAZA X X MIDTOWN PLAZA - Events must be free and open to the public. We are unable to accommodate public movie requests. REFLECTING POOL - Please note that Veteran's Plaza is NOT available for use. Other SPECIAL REQUESTS: Mark all that apply REQUESTS: ELECTRICITY FOUNTAIN RESTROOM • FOUNTAIN/GAZEBO JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other VENDORS: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY VENDORS: VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED • Please see Section M under "General Terms and Conditions" in the Public Use Policy. 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$SSOLFDWLRQIRUDQ\GDPDJHVFRVWVRUH[SHQVHVLQFXUUHGGLUHFWO\RULQGLUHFWO\DVDUHVXOWRIP\RXUXVHRIWKH&LW\RZQHG IDFLOLW\DQGRUSURSHUW\ 3XEOLF8VH3ROLF\ *27268%0,77$%$1'&/,&.2168%0,7 9DO6LJULVW'UHZ)HGHUDX$JHQF\6WDWH)DUP 1DPHRI2UJDQL]DWLRQ$SSOLFDQW 6LJQDWXUHRI$XWKRUL]HG$JHQW$SSOLFDQW 9DO6LJULVW'LUHFWRURI%XVLQHVV'HYHORSPHQW 3ULQWHG1DPHDQG7LWOH ,IDSSOLFDEOH 3KRQH1XPEHU 5HTXLUHG $GGUHVVRI2UJDQL]DWLRQ$SSOLFDQW  'DWH ,FRQILUPWKDW,DP\HDUVRIDJHRUROGHU %\VHOHFWLQJWKLVER[,KHUHE\DFNQRZOHGJHWKDW,KDYHUHDGDQGIXOO\ XQGHUVWDQGWKH&LW\RI&DUPHO,QGLDQD &LW\ 3XEOLF8VH3ROLF\DQGDJUHHWREH ERXQGE\DOOWKHWHUPVDQGFRQGLWLRQVVHWIRUWKWKHUHLQ 3XEOLF8VH3ROLF\$FNQRZOHGJHPHQWDQG$JUHHPHQW 5HTXLUHG &,7<2)&$50(/86(21/< $SSURYHGWKLVBBBBBBGD\RIBBBBBBBBBBBBBBB &,7<2)&$50(/,1',$1$ %\DQG7KURXJKLWV%RDUGRI3XEOLF:RUNVDQG6DIHW\  BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB -DPHV%UDLQDUG3UHVLGLQJ2IILFHU  'DWHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB  BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 0DU\$QQ%XUNH0HPEHU  'DWHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB  BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB /RUL:DWVRQ0HPEHU  'DWHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB   $77(67 BBBBBBBBBBBBBBBBBBBBB 6XH:ROIJDQJ&LW\&OHUN BBBBBBBBBBBBBBBB 'DWH  6SHFLDO&RQGLWLRQVBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB October 6, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: WAIVER OF BPW RESOLUTION NO. 04-28-17-01, LANE RESTRICTIONS-11101 SPRING MILL ROAD Dear Board Members: AES, Inc., is requesting a waiver from the City’s Buried Utility District requirements (BPW Resolution No. 04-28-17-01) along with related lane restrictions to install two new midspan poles on the east side of Spring Mill at the intersection with Pittman Way (exhibit attached). The poles are needed to provide electric service to the Steadman Apartment project currently under construction. The Department of Engineering, in review of the proposed requested waiver, has determined that the waiver is valid and recommends approval of the waiver conditioned upon the fol lowing: •The project’s contractor shall comply with the provisions of Carmel City Code 6 -227(a)(1), 6-227(a)(8) and 6-227(b). •Petitioner agrees to post proper lane restriction signage and traffic control devices during the duration of the work. •A minimum 10’ width of the lane restriction area shall be provided at all times. •Lane restrictions shall be performed between the hours of 9am and 4pm •Any damage to the existing improvements within the right of way of and City of Carmel roadway shall be restored to the satisfaction of the City when work is completed. •The petitioner acknowledges that this waiver is for the items described above only does not guarantee approval of any future waiver requests for this or any other project. Sincerely, Jeremy Kashman, P.E. City Engineer 150'67'E-18904 E-18905RPL 1 OPEN ) ON LN SPRINGMILL RDSLADE AVE11405                                  20' 70' 70' 41' 37' 83' 66' 20' 60' INST 3 - 500 KCMIL AL XLP QUAD INST 2 - 500 KCMIL AL XLP QUAD INST 3 - 500 KCMIL AL XLP QUAD INST 3 - 500 KCMIL AL XLP QUAD INST 3 - 500 KCMIL AL XLP QUAD INST 3 - 500 KCMIL AL XLP QUAD INST 3 - 500 KCMIL AL XLP QUAD INST 3 - 500 KCMIL AL XLP QUAD INST 4 - 500 KCMIL AL XLP QUAD 277/480 INST 120/208 INST 120/208 INST 120/208 INST 120/208 INST 120/208 INST 120/208 INST 120/208 INST 120/208 INST 120/208 25 C 15 A 1500 ABC 25 C 25 C INST 500 ABC INST 300 ABC INST 300 ABC INST 500 ABC INST 300 ABC INST 300 ABC INST 300 ABC INST 300 ABC INST 300 ABC 235' 204' 159' 298' 76' 225' 279' 175' 173' 43' 159' 20' 275' 387'1407 2867 514 543 AB A CA B A C CC B A C B A C B A C       65 T 65 T 65 T 65 T 100 T 100 T 1-4-PVC1-4-PVC 1-4-PVC 1-4-PVC 1-4-PVC INST 1-4-PVC INST 1-4-PVC INST 1-4-PVC INST 50 - 1 NB INST 50 - 1 NB 189 5250514948 2 3 4 299 6 219 315 217 341 7 220 379 300 306 373 377 378 380 305 361 368 369 370 371 372 374 375 376 GIANT EAGLE 367 INST. 3 INST. 3 PUSH/BORE INST. N.O. INST. 1-4" PVC. LINES NOTE: ALL PRIMARY & SECONDARY CABLE TO BE INSTALLED IN 4" PVC. October 6, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: GRANT OF WATER QUALITY PRESERVATION EASEMENT- 13065 CLAY CENTER ROAD Dear Board Members: The property owners of 13065 Clay Center Road have requested the city accept the grant of a Water Quality Preservation Easement associated with construction of a single-family residence. Attached are the required Water Quality Preservation 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 Created With Tiny Scanner Created With Tiny Scanner Created With Tiny Scanner Created With Tiny Scanner Created With Tiny Scanner Created With Tiny Scanner F EM A F L O O D P L A I N F E M A F L O O D P L A I N AL M O N D D I T C H FI R M E T T E 1 8 0 5 7 C 0 2 0 6 G EF F . D A T E : 1 1 / 1 9 / 1 4 W MAIN ST.CLAY CENTER RD1PREPARED BY:WATER QUALITY EASEMENT EXHIBITNTS HOLEY MOLEY SAYS "DIG SAFELY" Know what's below. Call before you dig. BAW MLD MLD 09-26-23 2022-0106 SCALE: APPROVED: PROJECT NO.: DATE: CLIENT NAME: DRAWN: DESIGNED: © 2023 DeBoy Land Development Services, Inc. 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