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HomeMy WebLinkAboutPaperless Packet for BPW 11.01.23Board of Public Works and Safety Meeting Agenda Wednesday, November 1, 2023 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1.MINUTES a.Minutes from the October 18, 2023, Regular Meeting 2.PERFORMANCE BOND REDUCTION APPROVAL REQUEST a.Resolution BPW 11-01-23-05; Bond Release for 708 & 714 Adams Street; Erosion Control; DB Klain Construction, LLC b.Resolution BPW 11-01-23-06; Bond Release for Village of West Clay Block D Parking Lot; Erosion Control; DB Klain Construction, LLC c.Resolution BPW 11-01-23-07; Bond Release for The Reserve at Springmill; Erosion Control; Pittman Family Real Estate Investors, LLC d.Resolution BPW 11-01-23-08; Bond Release for Woodside of West Clay; Erosion Control; Snap II Properties, LLC e.Resolution BPW 11-01-23-09; Bond Release for Magnolia Condominiums; Storm Sewer, Interior Curb, Signs; Magnolia Condos, LLC 3.CONTRACTS a.Request for Goods and Services; BGI Fitness; ($54,602.01); Fitness Equipment; Chief Dave Haboush, Carmel Fire Department b.Resolution BPW 11-01-23-03; A Resolution Requesting Financing, Construction and Dedication of Certain Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit Against the Payment of Parks and Recreation Impact Fees (“PRIF”) and Approving a PRIF Credit Agreement; Pedcor Community Development Corporation - Penn One Eleven; ($4,706,248.00); Henry Mestetsky, Director of the Department of Redevelopment c.Resolution BPW 11-01-23-04; A Resolution Requesting Financing, Construction and Dedication of Certain Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit Against the Payment of Parks and Recreation Impact Fees (“PRIF”) and Approving a PRIF Credit Agreement; Carmel Corner Project Partners, LLC - The Corner; ($860,390.00); Henry Mestetsky, Director of the Department of Redevelopment d.Request for Goods and Services; College Avenue Design, LLC d/b/a Sweet Event Planning; ($2,500.00); Event Planning Services - Shop Carmel; Additional Services Amendment; Nancy Heck, Director of the Department of Community Relations e.Resolution BPW 11-01-23-02; Request for Acknowledgement of Contract between City and Vendor; RJE Business Interiors; ($1,134.73); Furniture for City Hall CRED Office; Nancy Heck, Director of the Department of Community Relations f.Resolution BPW 11-01-23-10; Request for Acknowledgement of Contract between City and Vendor; PleinAir; ($4,245.00); Advertising Agreement; Nancy Heck, Director of the Department of Community Relations g.Request for Goods and Services; Wilkinson Brothers, Inc.; ($55,000.00); City of Carmel Advertising and Event Promotion; Additional Services Amendment; Nancy Heck, Director of the Department of Community Relations h.Request for Goods and Services; 3D Company, Inc.; ($10,222.54); 20-ENG-02 106th Street and College Avenue RAB; CO #4; Jeremy Kashman, City Engineer i.Request for Goods and Services; RQAW Corporation; ($102,200.00); 22-ENG-11 Carmel Path – 141st Street from West Road to Springmill Road – Phase 2 Design; Additional Services Amendment; Jeremy Kashman, City Engineer j.Request for Goods and Services; White Construction, Inc.; ($112,390.55); 18-ENG-05 Richland Ave & Main St and Lexington Blvd & Main St - Intersection Improvements; CO #2 (Final); Jeremy Kashman, City Engineer k.Request for Goods and Services; Vision Service Providers; VSP Contract Renewal; Lisa Hartz, Director of Human Resources l.Request for Goods and Services; KBSO Consulting, LLC; ($16,000.00); Tarkington Garage – EV Charging Stations Project; Matt Higginbotham, Street Commissioner m.Resolution BPW 11-01-23-01; Request for Acknowledgement of Contract between City and Vendor; Catbun Studios; ($6,000.00); Painting Services for Christkindlmarkt; Matt Higginbotham, Street Commissioner 4.REQUEST TO USE CITY STREETS/PROPERTY a.Request to Use City Hall Caucus Room; Administration/Coaches Meeting; November 28, 2023; 9:30 AM – 3:30 PM; Grace Schott, Heartland Collegiate Athletic Conference 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, Replacement of an Existing Pole; 1684 Lodgetree Cove; Duke Energy c.Request for Grant of Perpetual Storm Water Quality Management Easement; BJ’s Wholesale Club - 14400 Lowes Way; Connor Strege, Kite Greyhound, LLC d.Request for Consent to Encroach and Variance; 12950 Old Meridian Street; Edward Rose Development Carmel, LLC e.Request for Consent to Encroach and Variance; 3180 Driftwood Court; Aaron & Kyle Monke, Property Owners f.Request for Secondary Plat; Jackson’s Grant Village, Sections 1 & 2; Republic Development g.Request for Storm Water Technical Standards Waiver; LEO at Carmel - 14575 James Dean Drive; Weihe Engineers h.Request for Replat; Waterfront of West Clay, Section 5B; Duane Sharrer, Weihe Engineers i.Request for Replat; Woodland Golf Club, Lots 37 & 38; Joe Logan 6.ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, October 18, 2023 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 7 MEETING CALLED TO ORDER 8 9 Board Member Mary Ann Burke called the meeting to order at 10:03 AM. 10 11 MEMBERS PRESENT 12 13 Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk Jessica Komp were present. 14 15 MINUTES 16 17 Minutes from the October 4, 2023 Regular Meeting. Board Member Burke moved to approve. Board 18 Member Watson seconded. Minutes were approved 2-0. 19 20 BID & QUOTE OPENINGS & AWARDS 21 22 Bid Award for 20-ENG-11TC 96th Street Tree Clearing 23 Jeremy Kashman, City Engineer, recommended awarding the bid to United Construction Services, 24 LLC, as the lowest, most responsive bidder, in the amount of $89,600.00. Board Member Burke moved 25 to approve. Board Member Watson seconded. Award approved 2-0. 26 27 Bid Award for 22-ENG-02 116th Street Multi-Use Path from Michigan Road to Towne Road 28 Jeremy Kashman, City Engineer, recommended awarding the bid to Morphey Construction, Inc., as 29 the lowest, most responsive bidder, in the amount of $1,124,300.00. Board Member Burke moved to 30 approve. Board Member Watson seconded. Award approved 2-0. 31 32 CONTRACTS 33 Resolution BPW 10-18-23-01; A Resolution of the City of Carmel to Approve the Transfer of Surplus 34 Property to Westfield High School; Board Member Burke moved to approve. Board Member Watson 35 seconded. Resolution approved 2-0. 36 Request for Goods and Services; TargetSolutions Learning, LLC; ($25,455.33); Vector Check-It 37 Renewal; Additional Services Amendment; Board Member Burke moved to approve. Board Member 38 Watson seconded. Request approved 2-0. 39 Request for Approval of Engagement Letter Agreement between City and Vendor; Baker Tilly 40 Municipal Advisors, LLC; Board Member Burke moved to approve. Board Member Watson seconded. 41 Request approved 2-0. 42 Request for Goods and Services; Morphey Construction, Inc.; ($1,124,300.00); 22-ENG-02 116th 43 Street Multi-Use Path from Michigan Road to Towne Road – Construction; Board Member Burke 44 moved to approve. Board Member Watson seconded. Request approved 2-0. 45 Request for Goods and Services; The Taylor Realty Group, P.C.; ($27,845.00); 20-ENG-04-N College 46 Avenue Reconstruction – Appraisal Services; Additional Services Amendment; Board Member Burke 47 moved to approve. Board Member Watson seconded. Request approved 2-0. 48 Request for Goods and Services; United Construction Services, LLC; ($89,600.00); 20-ENG-11TC 49 96th Street Tree Clearing - Construction; Board Member Burke moved to approve. Board Member 50 Watson seconded. Request approved 2-0. 51 Request for Purchase of Goods and Services; Knauss Property Services, LLC; ($28,246.00); Parking 52 Garage Cleaning; Additional Services Amendment; Board Member Burke moved to approve. Board 53 Member Watson seconded. Request approved 2-0. 54 Request for Purchase of Goods and Services; Smock Fansler Corporation; ($34,951.00); Jazz 55 Sculpture Project; Additional Services Amendment; Board Member Burke moved to approve. Board 56 Member Watson seconded. Request approved 2-0. 57 58 REQUEST TO USE CITY STREETS/PROPERTY 59 60 Request to Use Midtown Plaza; Information Table regarding Carmel Clay Schools Operating 61 Referendum; October 18, 2023; 4:30 PM – 7:00 PM; Board Member Burke moved to approve. 62 Member Watson seconded. Request approved 2-0. 63 64 Request to Use City Street; Neighborhood Block Party; October 21, 2023; 3:00 PM – 10:00 PM; 65 Kristen Spriggs, Jackson’s Grant Neighborhood. Board Member Burke moved to approve. Member 66 Watson seconded. Request approved 2-0. 67 68 Request to Use/Close City Streets and Use Sophia Square Restrooms; Carmel PorchFest; September 69 15, 2024; 8:00 AM - 7:00 PM; Board Member Burke moved to approved. Member Watson seconded. 70 Request approved 2-0. 71 72 Request to Use Midtown Plaza; Dog Portraits; October 18, 2023; 4:00 PM – 7:00 PM; Board 73 Member Burke moved to approve. Member Watson seconded. Request approved 2-0. 74 75 OTHER 76 77 Request for Secondary Plat; Five-Ten Subdivision; TABLED on 10/4/23. REMAINS TABLED. 78 79 Request for Waiver of BPW Resolution No. 04-28-17-01, Lane Restrictions; 11101 Springmill Road; 80 Board Member Burke moved to approve. Member Watson seconded. Request approved 2-0. 81 82 Request for Right of Way Dedication; 20-ENG-06, Parcel 9; Board Member Burke moved to approve. 83 Member Watson seconded. Request approved 2-0. 84 85 Request for Right of Way Dedication; 20-ENG-04-N, Parcel 14; Board Member Burke moved to 86 approve. Member Watson seconded. Request approved 2-0. 87 88 Request for Consent to Encroach and Variance; 3512 Cardinal Way; Board Member Burke moved to 89 approve. Member Watson seconded. Request approved 2-0. 90 91 Request for Release and Termination of Grant of Perpetual Storm Water Quality Management 92 Easement; CRG Flex Office - 815 City Center Drive; Board Member Burke moved to approve. 93 Member Watson seconded. Request approved 2-0. 94 95 Request for Grant of Perpetual Storm Water Quality Management Easement; CRG Flex Office - 815 96 City Center Drive; Board Member Burke moved to approve. Member Watson seconded. Request 97 approved 2-0. 98 99 Request for Secondary Plat; Kingswood Extension; Board Member Burke moved to approve. Member 100 Watson seconded. Request approved 2-0. 101 102 Request for Grant of Water Quality Preservation Easement; 13065 Clay Center Road; Board Member 103 Burke moved to approve. Member Watson seconded. Request approved 2-0. 104 105 ADD-ON 106 Board Member Burke moved to add one add-on item to the agenda. Member Watson seconded. 107 Approved 2-0. 108 109 Amendment to Affiliation Agreement between City of Carmel and Indiana University Health, Inc. 110 The Carmel Police Department requests the approval of an amendment to the previously executed 111 Affiliation Agreement with Indiana University Health, pertaining to modifications of minimum 112 vaccination requirements for Covid-19, and screening requirements for tuberculosis. Presented by 113 Sergey Grechukhin, Corporation Counsel. Board Member Burke moved to approve. Member Watson 114 seconded. Request approved 2-0. 115 116 ADJOURNMENT 117 Board Member Burke adjourned the meeting at 10:07 AM 118 119 120 121 APPROVED: ____________________________________ 122 Sue Wolfgang – City Clerk 123 124 125 _____________________________________ 126 Mayor James Brainard 127 128 129 ATTEST: 130 __________________________________ 131 Sue Wolfgang – City Clerk 132 133 134 RESOLUTION NO. BPW_11-01-23-03 A RESOLUTION REQUESTING THE PROVISION OF CERTAIN INFRASTRUCTURE OR OTHER IMPACT ZONE IMPROVEMENTS IN LIEU OF AND AS A CREDIT AGAINST THE PAYMENT OF PARKS AND RECREATION IMPACT FEES (“PRIF”) AND APPROVING A PRIF CREDIT AGREEMENT WHEREAS, Indiana Code 36-7-4-1335 permits the application of a credit against the payment of impact fees for persons who construct or provide certain infrastructure or other improvements of a type for which a unit imposes an impact fee in an impact zone; and, WHEREAS, City of Carmel Unified Development Ordinance 1.30(F) permits the City of Carmel Board of Public Works and Safety (“Board”) to request that any person otherwise required to pay PRIF to instead finance, construct, and dedicate certain infrastructure or improvements in the Parks and Recreation Infrastructure Impact Zone (“Impact Zone”) located in Clay Township, Indiana and over which the City of Carmel, Indiana (“City”) exercises planning and zoning jurisdiction; and, WHEREAS, City of Carmel Unified Development Ordinance 1.30(F) also permits the Board to determine the amount of PRIF credit any person requested to finance, construct, and dedicate certain infrastructure or improvements in the Impact Zone in lieu of PRIF payment shall receive, and to memorialize this determination in a credit agreement (“Credit Agreement”); and, WHEREAS, the Board now desires to request that Pedcor Community Development Corporation, an Indiana corporation (“Pedcor”), finance and construct, within seven (7) years of Pedcor’s receipt of a structural building permit for its first phase of construction (the “End Date”), those certain infrastructure and improvements set forth on attached Exhibit A, the same being incorporated herein by this reference, in exchange for a PRIF credit the Board has determined should be in the amount of exactly Four Million Seven Hundred Six Thousand, Two Hundred Forty Eight Dollars ($4,706,248.00); and, WHEREAS, Pedcor covenants that the infrastructure and improvements set forth in Exhibit A shall remain open to the public for their use and enjoyment in perpetuity; and, WHEREAS, Pedcor shall maintain, repair and replace, at its sole cost and expense, the infrastructure and improvements set forth in Exhibit A as necessary and to the satisfaction of the City, in perpetuity; and, WHEREAS, Pedcor shall execute and return to the Board, by and through the Carmel Office of Corporation Counsel, the Credit Agreement set forth on attached Exhibit B, the same being incorporated herein by this reference, prior to the issuance of the improvement location fee for that ce rtain improvement identified on attached Exhibit C, the same being incorporated herein by this reference; and WHEREAS, PRIF in the amount of $4,706,248.00 is due and owing by Pedcor to the City by virtue of that certain improvement identified on attached Exhibit C (the “Targeted PRIF”); and, WHEREAS, Pedcor’s obligation to pay the Targeted PRIF to the City shall be held in abeyance until the earlier of the acceptance by the Board, in its sole discretion, of the infrastructure or improvements set forth on attached Exhibit A (“Board Acceptance”) or the End Date. Upon Board Acceptance, the City shall promptly enter the credit identified herein against Pedcor’s Targeted PRIF obligations. If Board Acceptance does not occur by the End Date, no credit shall be entered against the Targeted PRIF and the same shall thereafter become immediately due and owing to the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The Board hereby requests that Pedcor Community Development Corporation finance and construct those certain infrastructure and improvements set forth on attached Exhibit A, in exchange for a PRIF credit of exactly $4,706,248.00, pursuant to the terms and conditions set forth hereinabove. 3. The Board hereby approves the Credit Agreement in the form as set forth in attached Exhibit B. 4. That Henry Mestetsky, on behalf of the City and the Board, is hereby authorized and directed to take such actions as are lawful, necessary, and proper to effectuate the transaction approved by this Resolution. SO RESOLVED. Approved and adopted this ________ day of __________________, 2023. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: __________________________________ James Brainard, Presiding Officer Date:______________________________ __________________________________ Mary Ann Burke, Member Date:______________________________ __________________________________ Lori S. Watson, Member Date:______________________________ ATTEST: __________________________________ Sue Wolfgang, Clerk Date:______________________________ Total Residential Units 964 Parks and Recreation Impact Fees (PRIF) Per Unit PRIF Rate 4,882.00$ Total Project PRIF 4,706,248.00$ Plaza Infrastructure Costs Entertainment Area Stage 250,000.00$ Stage Lighting 55,000.00$ Public TV, speakers, and other AV items 600,000.00$ Outdoor Sound System + Infrastructure 150,000.00$ Hopscotch Feature 5,500.00$ Amphitheater Grading 625,000.00$ Security Cameras 40,000.00$ Feature Benches 60,000.00$ Pickleball Courts 105,000.00$ Playground Enhancements 195,000.00$ Feature Fountain 145,000.00$ Bocce Ball Court 135,000.00$ Fire Pit and Seating 55,000.00$ Public Art & Scupltures 350,000.00$ Shade Installations 125,000.00$ Large Format Chess 5,500.00$ Public Restrooms 395,000.00$ Decorative Paver Enhancements 235,000.00$ Decorative Railing Enhancements 115,000.00$ Roundabout Art 75,000.00$ Plaza Design Costs 250,000.00$ Restroom Detailing 25,000.00$ Structural Engineer 50,000.00$ Construction Administration 50,000.00$ Inflation Contingency 614,400.00$ Total 4,710,400.00$ Penn One Eleven - Plaza Budget Exhibit C RESOLUTION NO. BPW 11-01-23-04 A RESOLUTION REQUESTING THE FJN4NCING. CONSTRUCTION, AND DEDICATION OF CERTAIN INFRASTRUCTURE OR OTHER IMPACT ZONE IMPROVEMENTS IN LIEU OF AND AS A CREDIT AGAINST JIii "'AYMENT OF PARKS AND RECREATION IMPACT FEES l"PRIF"} AND APPROVING A PRIF CREDIT AGREEMENT WHEREAS, Indiana Code 36-7-4-133S permits the application of a credit against the payment of impact fees for persons who construct or provide certain infrastructure or other improvements of a type for which a unit imposes an impact fee in an impact zone; and, WHEREAS, City of Carmel Unified Development Ordinance §l.3(F) permits the City of Carmel Board of Public Worb and Safety ("Board'") to request that any person otherwise required to pay PRIF to instead finance, comtruct, and dedicate certain infrastructure or improvements in the Parks and Recreation Infrastructure Impact Zone ("Impact Zone'') located in within Carmel, Indiana and over which the City of Carmel, Indiana ("City'') exercises p]anning imd zoning jurisdiction; and, WHEREAS, City of Carmel Unified Development Ordinance § 1.3(F) also permits the Board to determine the amount of PRIF credit any person requested to finance, construct, and dedicate certain inftastructure or improvements in the Impact Zone in lieu of PRIF payment shall receive, and to memorialize this detennination in a credit agreement ("Credit Agreement''); and, WHEREAS, at ita meeting on August 4, 2021 the Board passed Resolution BPW 08-04-21-03, which approved a PRIF credit for The Corner project in the amount $826,216.00; and, WHEREAS, the amount of the PRIF credit in Resolution BPW 08-04-21-03 was incorrect, due to a change in the number of units in The Corner's project plan; and, WHEREAS, in order to Clllurc that The Comer project is issued the COITeCt PRIF credit ammm.t, it is necessary to repeal Resolution BPW 08-04-21-03 in its entirety and replace it with a corrected resolution and credit agreement; and WHEREAS, PRIF in the amount of $860,390.00 is due and owing by Carmel Corner Project Partnen, LLC, an Indiana limited liability company, ("Carmel Corner Project Partners") to the City by virtue of certain improvements identified on attached Exhibit A (the "Targeted PRIF'); and, WHEREAS, the Board now desires to request that Carmel Corner Project Partners, finance and construct those certain infrastructure and improvements set forth on attached Exhibit B, the same being incorporated herein by this reference, in exchange for a PRIF credit the Board has determined should be in the amount of exactly Five Hundred Forty Two Thousand Seven Hundred Fourteen Dollars ($S42, 714.00); and, WHEREAS, Cannel Corner Project Partners covenants that the inftastructure and improvements set forth in Exhibit B shall remain open to the public for their use and enjoyment in perpetuity; and, WHEREAS, Carmel Comer Project Partnen s�l maintain, repair and replace the infrastructure and improvements set forth in Exhibit B as necessary and to the satisfaction of the City, in perpetuity; and, WHEREAS, the Board also desires to request that Carmel Comer Project Partnen finance future infrastructure or improvements that meet the requirements set forth in Indiana Code § 36-7-4-133S(a) in the amount of $317,676.00; and, EXBIBITC PRIF CREDIT AGREEMENT COMES NOW Carmel Comer Project Partners, LLC, an Indiana limited liability company, (''Carmel Comer Project Partners") by its undersigned, duly authorized agent, and states as follows: Pursuant to the terms set forth in BPW Resolution 11-01-23-04, Carmel Comer Project Partners hereby agrees to finance and construct those certain infrastructure items or public improvements set forth in attached Exhibit B, and to contribute $317,676.00 in order to finance the construction of futme infrastructure items or public improvements that meet the requirements of Indiana Code 36-7-4-1335(a), in exchange for a Parks and Recreation Impact Fee ("PRIF'') credit not to exceed $860,390.00. After the improvements are completed and have been accepted by the Carmel Board of Public Works and Safety, any remajning unused PRIF shall be made available for use by the Carmel Department of Parks and Recreation, pursuant to the requirements of the City. ii" zo� SO AGREED this� day of �-tobe( �- Printed Name C}ue.f hno.v,c10..\ Oft\c.(.( Title CzBmmjtpoMzodi.NdHsbuibu2;58qn-Pdu34-3134 EXHIBIT A Sweet Event Planning/Sondra Schwieterman ScopeofServices & Rate Schedule forProfessional Services forEventPlanning For: 3§®¯ # 3¢®¯¤ ®¥ 3¤±µ¨¢¤² 2 To assist the City of Carmel in maintaining and building the Carmel Arts & Design To direct activities and event coordination for Shop Smallon behalf of the City of Carmel, including but not limited to: o Host eventonSaturday, .® µ¤¬¡¤± o Direct the recruitment of and communication with businessesfor Shop Carmel o Direct the recruitment of and communication with volunteers for Shop Carmel o Write web and social media copy forShop Carmel o Spearhead art direction on collateral materials for Shop Carmeland coordinate marketing and advertising with designated City of Carmel representatives o Spearhead logistics of assigned events, from planning to set up through execution and clean up o Assist with sponsorship fulfillment as directed o Direct public relations efforts for events as approved Includes but is not limited to: Communications to target audiences to maximize the user experience at events News release writing o Adhere to approved City of Carmel budget for events, media and public relations o Meet regularly with City of Carmel representative(s) o Evaluate measurable objectives through research resources available or budgeted for by the City of Carmel Assist onexecution special promotional events and public relations efforts as needed and within the parameters of the contract o Including but not limited to: Executing social media posts on Carmel Arts &Design District social media channels, assisting the direction to graphic designers, and writing copy for collateral material The above Scope of Work can be executed for a fee of andcan be billedmonthly as services are rendered. 9 / 5 / Lb h Specialty materials and outside services paid for by Sweet Event Planning will be billed back to City of Carmel at cost. Examples include but are not limited to media buys, specialty paper, signs, banners, staff meals, dumpsters, event supplies, and postage. Cost includes parking fees and mileage incurred by Sweet Event Planning for the duration of the contract (provided all miles driven are within the Marion and surrounding eight counties.) Sondra SchwietermanSignature: _________________________________ Date: 6/26/2023 9 /5 /Lb Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 109866 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION EVENT PLANNING SERVICES FOR SHOP CARMEL7/6/2023373677 SWEET EVENT PLANNING COMMUNITY RELATIONS VENDORSHIP3508ECARMELDR 1 CIVIC SQ TO Carmel, IN 46032- CARMEL, IN 46033 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 78941 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1203101General Fund Account: 43-590.03 Each1EVENT PLANNING SERVICES FOR SHOP CARMEL$2,500.00$2,500.00 Sub Total 2,500.00 Send Invoice To: COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 2,500.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Nancy Heck TITLEDirector CONTROL NO. 109866 CONTROLLER RESOLUTION NO. BPW 11-01-23-10 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: CzTfshfzHsfdivlijobu23;2:qn-Pdu36-3134 ADDITIONAL SERVICES EXHIBIT A WILKINSON BROTHERS • 317.915.8611 • www.wilkinsonbrothers.com October 24, 2023 City of Carmel One Civic Square Carmel, IN 46032 RE: City of Carmel Request for Additional Services This document outlines the additional professional services requested by the City of Carmel for additional graphic design & marketing materials including, but not limited to: 55,000 - City of Carmel Advertising and Event Promotion Oktoberfest promotion Arts in Autumn materials Holidays in Carmel Ice at Carter Green Christkindlmarkt Festival of Ice & Carmel Winter Games Meet Me On Main Shop Small City Newsletter (print) Holiday Porchfest COST for DESIGN, PRODUCTION, & DEVELOPMENT (Additional Services): $55,000 Should our duties require less than the above anticipated cost, we will adjust the amount accordingly. The cost will not exceed this amount. COST NOTES: All design, additions or updates are estimated at a rate of $75-100 per hour (depending on skill sets required), based on the previous years of production on event-related projects. The costs above include any hosting or registration and vendor expenses necessary. PAYMENT TERMS: Payment will be requested as work is completed. This quote is based on information presented by the City of Carmel. Thank you for allowing us to serve the City of Carmel and its community! Wilkinson Brothers, Inc. corey@wilkinsonbrothers.com City of Carmel Promo Materials Branding and Logo Development Carmel Year In Review Design for Display Case Near Public Restroom/Hotel Carmel on Canvas Carmel Christmas ornament 12-page booklet for State of the City Assembly of a comprehensive collection/guide of branding elements created for the City Winter Event Signage and Environmental Graphics 10/22/2023 WILKINSON BROTHERS FISHERS, IN 46038 - 110167 PO BOX 235 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 ADDITIONAL SERVICES FOR GRAPHIC DESIGN, WEBSITE & CREATIVE MARKETING SERVICES COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 358230 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 81728 1203Department:101Fund:General Fund 43-404.01Account: ADDITIONAL SERVICES - GRAPHIC DESIGN, WEBSITE & CREATIVE MARKETING SERVICES 1 $23,750.00 $23,750.00Each 23,750.00SubTotal 43-590.03Account: ADDITIONAL SERVICES - GRAPHIC DESIGN, WEBSITE & CREATIVE MARKETING SERVICES 1 $31,250.00 $31,250.00Each 31,250.00SubTotal 55,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110167 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck James Crider Director Director of Administration RU VE• City of Carmel Project 20-ENG-02= Intersection Improvements: 106t" Street and College Avenue Roundabout CHANGE ORDER #4 This change order will add pay items for a yard drain on the property on the northwest corner of Arthur Drive and College Avenue; additional water main work at 106th and Broadway intersection; downtime for rental materials for STIR 125A; and payment for materials due to deletion of STIR 174 and STIR 176 on the east leg of the project; and a liquidated damages pay item. There is no time extension for this work. This change order will also adjust the substantial and final completion dates. The substantial completion date is changing from December 2, 2022 to March 31, 2023. The final completion date is changing from January 3, 2023 to June 2, 2023. Contract Price prior to this Change Order Contract Price will be changed by this Change Order 3, 804,245.77 10,222.54 New Contract Price including this Change Order $3,814,458.31 Amount Adjusted Contract Price Cumulative % Change from Original Contract Original Contract 3,660,000.00 N/A N/A C01 99,360.21 3,759.360.21 2.71% CO2 21,026.40 3,780,396.61 3.29% CO3 23,849.16 3,804,245.77 3.94% C04 10,222.54 3,814,458.31 4.22% CITY OF CARMEL TO: Jeremy Kashman CONTRACT CHANGE ORDER NO.: 4 City Engineer DATE: October 17, 2023 City of Carmel Indiana PROJECT NAME: 106th and Colle e Ave RAB One Civic Square CITY REQ. NO.: Carmel, IN 46032 CITY PO NO.: 20-ENG-02 CITY PO DATE: I. You are directed to make the following changes in this Contract: This change order will add pay items for a yard drain on the property on the northwest corner of Arthur Drive and College Avenue; additional water main work at 106th and Broadway intersection; downtime for rental materials for STR 125A; payment for materials due to deletion of STIR 174 and STIR 176 on the east leg of the project; and a liquidated damages pay item. There is no time extension for this work. This change order will also adjust the substantial and final completion dates. The substantial completion date is changing from December 2, 2022 to March 31, 2023. The final completion date is changing from January 3, 2023 to June 2, 2023. SCHEDULED ADJUSTMENT ITEM AMOUNT H OR (-) DAYS II. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part of this Change Order: R.F.P.: N/A W.D.C. NO.: N/A The changes result in the following adjustment of Contract Price and Contract Time: Contract Price prior to this Change Order $ 3,804,235.77 Contract Price will be increased by this Change Order $ 10,222.54 New Contract Price including this Change Order $ 3,814,458.31 Contract Time prior to this Change Order Days Closure 12/2/2022 Substantial Completion Date Contract Time prior to this Change Order 1/3/2023 Final Completion Date Net increased/decreased resulting from this Change Order Days Current Contract Time including this Change Order Days Closure 3/31/2023 Substantial Completion Date Current Contract Time including this Change Order 6/2/2023 Final Completion Date This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. The Above Changes Are The Above Changes Are Accepted Recommended American 5tructurepoitiL Inc._ 3D Company ENGINEER CONTRACTOR 9025 River Road. Suite 200 7240 North_State Road 3 Address Address Indianapolis. IN 46240 Muncie, IN 47303 City/State/Zip City/State/Zip Phone: 317-281-9563 Phone: (765) 288-3326 Date: October 17, 2023 Date: October 23, 2023 Approved James Brainard, Mayor Mary Ann Burke, Member Loris Watson, Member Jer Iy dashman, PE, City Engineer ATTEST: Sue Wolfgang, Clerk Date: N O d a N O C) oA O0 o 3 y O y 4 a o o cd a o U c M V U aD WO O O V U U 3Cd 4-4 b o Q Cd yb i U CIO 03 c ct U) l.J O U z N iCj i N O z' 0 W V O y C4 y AlOn A S". U O b A N O• V N aVA UVD w L O O y bD m Uy N CU y N MNON M o v, o0 C M V) L!1 Nco 09, C a o o0 rz d y A 1 F ri1 U d d AS m Q mrna) 0 U vcm c L N O a UN O O rn OcZ m w s o C..) N Cl) Cl) C O 00 O O O M M CD O 0 O N O O O O O N N O N N N Gi v'i O o0 O 69 NN N O M OK 69 M69 M69 69 O p 6R O O 0O E•'•' Q Q O O O O O O O O CT o 00 O O O llO O O•-- OM M O 69 69 69 Ff3 69 O O O O O O O O O O 4P: M N O O O O O O O N I i V O O N L5. S C4 a O a a Q m O O N bOOA Y C) O as O d 21 O O y 3 0 a, O U U U U o U E c!l clqpoll m 4--I C ri cc N N N Q U U N mU-+ O O C d b H p C Y N O O O O Q a 2 Nao 1= Ftl a a, aoto t O U O U O U O a L U U z C- U N M Cl) CN u_ O o N CM N x rn u o cca a 1-4 U-4 Vw r rn 0 U c m L N C(O 0 O i N 0 O N N (7 Z m LLl N L U N d E O ma Y O O 7 7 7 7 7 Q N U 7 O p U O ocom O O ITSri O N 0)OO O r 03 M64 M6°i 69 J J J J 0 G1 Q C C j L U coD mO oO 10 ON CD 7 n i» co C6 ao C i» in I G1 O IU N O r Uvi O Of CJ 2' p @ 0 O m 0 co Z C 0p m a0i mV m co W o U 0 o E co o a 0 cc 0 N j O C j Oi H L 6 O m O Z r Nr Mr Vr nr yO O O O O CITY OF CARMEL TO: CONTRACT CHANGE REQUEST NO.: 32 DATE: 8/1 /23 PROJECT NAME: 106th St & College Ave. RAB FROM: 3D Company Inc. IT IS REQUESTED THAT A CONTRACT CHANGE BE MADE TO THE ABOVE REFERENCED CONTRACT. 1. SCOPE OF WORK (USE ADDITIONAL PAGES IF REQUIRED. ALSO LIST OTHER CONTRACTS INVOLVED.) Installation of yard drain at College and Arthur, 2. REASON FOR CHANGE: Installation of yard drain was unforeseen and needed to aid in drainage at this intersection. 3. APPROXIMATE COST CHANGE TO CONTRACT PRICE: $1,530.66 4. WILL THE CONTRACT NEED ADDITIONAL CONTRACT TIME TO COMPLETE THE CHANGE IN WORK SCOPE? X -YES -NO .5 -(CALENDAR DAYS) 5. WILL THE CONTRACTOR NEED ADDITIONAL PERSONNEL TO COMPLETE THE CHANGE IN WORK SCOPE? -YES X -NO IF NO, TRADE(S): _ NO. OF PERSONNEL: DURATION: 6. IDENTIFICATION OF ATTACHMENTS: COR # 32 is attached. DATE: DATE: PREPARED REVIEWED BY: Seth Blalock REVIEWED BY: ENGINEER Comments and Recommendation: AR-5 Version 2018-12-19 CHANGE ORDER REQUEST FORM CONTRACT NO. 20-ENG-02 DATE OF SUBMISSION 8/1/23 PROJECT DESCRIPTION 1061h Street and College Avenue Roundabout route/intersection/bridge no(s).) CHANGE ORDER REQUEST SUMMARY Installation of yard drain at College and Arthur intersection. DESCRIPTION PROPOSED SOLUTION SUMMARY Installation of yard drain and connection into newly installed storm system. NOTE: Upon request from Engineer, enter detailed description on page 2. ONSET DATE OF CHANGE 5/24/23 CHANGE ORDER TYPE 104.03 Extra Work PROPOSED COST AND TIME ADJUSTMENT COST COST INCREASE / (DECREASE): 1,530.66 The cost adjustment shall include lump sum and/or estimated totaled unit -priced item costs. Attach a separate sheet of unit price items including item description, unit of measurement, estimated quantity and unit price. CHECK APPROPRIATE BOXES PER APPROPRIATE BASIS OF COST CHANGE: 109.03 Altered Quantities 109.05(a) Agreed Price M 109.05(b) Force Account 109.05.02 Delay Costs PROPOSED COST CHANGE INCLUDES: ® Labor M Material ® Equipment Lease Agreement Subcontractor DICK here to TIME ADJUSTMENT INCREASE / (DECREASE): (work days) enter text. 1 CHECK APPROPRIATE BOXES PER APPROPRIATE BASIS OF TIME CHANGE: 108.08(a) Excusable, Non-Compensable 108.08(b) Excusable, Compensable NOTE: If Compensable, attach details based on 109.05.2(a) Allowable Delay Costs. SUPPLEMENTAL INFORMATION Additional information. CHANGE ORDER ORIGINATION: DOCUMENTS AFFECTED: M Contract Specifications (ref. doc name/no.) Contract Plans (ref. doc name/no.) CHANGE ORDER AFFECTS DBE PARTICIPATION: Owner/Inspection Contractor IN DOT Standard Specifications 2020 Intersection Improvements 106th Street & College Ave. RAB 20-ENG-02 yes ® no (if yes, attach details) Ver. 10,18.18 CHANGE ORDER REQUEST FORM CONTRACT NO. 20-ENG-02 UPON WRITTEN REQUEST FROM THE ENGINEER, PROVIDE ADDITIONAL DETAIL DATE RECEIVED REQUEST FOR SUBMITTAL DATE OF ADDITIONAL DETAIL [ Select Date] ADDITIONAL DETAIL DETAILED DESCRIPTION / JUSTIFICATION: Select Date] Include location(s), actions of contractor, owner, and other stakeholders, key events and related cause(s), discoveries, discussions, meetings, and effect on the contract if no action is taken. Also include references to key documents attached or available to support this change order request.) Installation of yard drain at intersection of College and Arthur. PROPOSED SOLUTION — ADDITIONAL DETAILS: Include proposed scope of work, means & methods, materials, equipment, utility relocation required, subcontracted scope and the effect on the contract schedule. Also include references to attached documents including, but not limited to, sketches, calculations, photos, material information, and submittals and meeting minutes.) Installation of yard drain and connection into newly installed storm system. SIGNATURE Contractor: 3D Company Inc. Name: (print) eanna D. Case signature) Date: 8/1 /23 NOTE: The Contractor should retain a signed copy of this document for record. pg. 2 CHANGE ORDER REQUEST FORM CONTRACT NO. 20-ENG-02 ATTACHMENT: UNIT PRICE ITEMS DETAIL Attach or paste a unit price item detail. See attached force account sheet for breakdown of cost. pg. 3 T&M Spreadsheet INDOT Contract #: 20-ENG-02 Contract Descp: Prime Contractor: 3D Company Inc. Subcontractor: Date Work Performed: 5/24/2023 Inspector: T&M Task Description: Installation of yard drain and connection at College and Arthur. 7 yards of top soil were placed for this work and the AT&T relocation. Labor (includes Fringes & Applicable Taxes) O.H. & Hours Subtotal Profit AmountNameClassificationRate/Hour 1 Foreman 94.00 3.00 282.00 1.20 338.40 21 Laborer 62.00 3.00 186.00 1.20 223.20 3 4 5 Labor Total: $561.60 Equipment Make Classification Rate/Hour Hours Subtotal O.H. & Profit Amount 1 Kubota 95 Skidsteer 147.00 3.00 441.00 1.12 493.92 2 Ford F-550 Single Axle Dump 115.00 2.00 230.00 1.12 257.60 3 4 5 6 E ui ment Total: $751.52 Materials (See Attached lnvoiml Description Location Unit Price Quanytv Subtotal O.H. & Profit Amount 11 Yard Drain/Pie 128.29 1.00 128.29 1.12 143.68 2 H dralic Cement 21.98 3.00 65.94 1.12 73.85 3 4 Material Total. $217.54 Sub Contractors Subcontractor Type Unit Price Quantity Subtotal O.H. & Profit Amount 1 Material Total: $0.00 Daily Cost Summary Daily Labor Total: Daily Equipment Total: Daily Materials Total: Subcontractor Total: Bond % Increase Total: GC (10%-1st $3,000): GC (7%-Over $3,000): Daily Grand Total: 561.60 751.52 217.54 0.00 1 $1,530.66 Signature: Signature: Signature: Signature: Prime Contractor Inspector Subcontractor CITY OF CARMEL TO: CONTRACT CHANGE REQUEST NO.: 04 DATE: 2/27/2023 PROJECT NAME: FROM: 3D Company Inc. IT IS REQUESTED THAT A CONTRACT CHANGE BE MADE TO THE ABOVE REFERENCED CONTRACT. 1. SCOPE OF WORK (USE ADDITIONAL PAGES IF REQUIRED. ALSO LIST OTHER CONTRACTS INVOLVED.) Requp-st for change order due to change of scope & work for 2. REASON FOR CHANGE: C hane in scope of work, APPROXIMATE COST CHANGE TO CONTRACT PRICE: $ 3,631.68 4. WILL THE CONTRACT NEED ADDITIONAL CONTRACT TIME TO COMPLETE THE CHANGE IN WORK SCOPE? X -YES -NO 1 -(CALENDAR DAYS) 5. WILL THE CONTRACTOR NEED ADDITIONAL PERSONNEL TO COMPLETE THE CHANGE IN WORK SCOPE? -YES X -NO IF NO, TRADE(S): NO. OF PERSONNEL- DURATION: 6. IDENTIFICATION OF ATTACHMENTS: time and materials force account breakdown attached along with material invoices. DATE: 2/27/2023 DATE: PREPARED REVIEWED BY: Seth Blalock REVIEWED BY: ENGINEER Comments and Recommendation: AR-5 Version 2018-12-19 CHANGE ORDER REQUEST FORM CONTRACT NO. 20-ENG-02 PROJECT DESCRIPTION route / intersection / bridge no(s).) CHANGE ORDER REQUEST SUMMARY DESCRIPTION DATE OF SUBMISSION 1061h Street and College Avenue Roundabout February 27, 2023 Change of scope for watermain tie-in at Broadway & 1061h intersection PROPOSED SOLUTION SUMMARY I Click here to enter text. NOTE: Upon request from Engineer, enter detailed description on page 2. ONSET DATE OF CHANGE October 28, 2022 CHANGE ORDER TYPE PROPOSED COST AND TIME ADJUSTMENT COST COST INCREASE / (DECREASE): 104.03 Extra Work 3,631.68 The cost adjustment shall include lump sum and/or estimated totaled unit -priced item costs. Attach a separate sheet of unit price items including item description, unit of measurement, estimated quantity and unit price. CHECK APPROPRIATE BOXES PER APPROPRIATE BASIS OF COST CHANGE: 109.03 Altered Quantities 109.05(a) Agreed Price N 109.05(b) Force Account 109.05.02 Delay Costs PROPOSED COST CHANGE INCLUDES: N Labor N Material N Equipment Lease Agreement Subcontractor TIME ADJUSTMENT INCREASE / (DECREASE): work days) 1 CHECK APPROPRIATE BOXES PER APPROPRIATE BASIS OF TIME CHANGE: N 108.08(a) Excusable, Non-Compensable 108.08(b) Excusable, Compensable NOTE: If Compensable, attach details based on 109.05.2(a) Allowable Delay Costs. SUPPLEMENTAL INFORMATION Additional information. CHANGE ORDER ORIGINATION: M Owner/Inspection Contractor DOCUMENTS AFFECTED: N Contract Specifications (ref. doc name/no.) INDOT Standard Specifications 2020 ElContract Plans (ref. doc name/no.) I Intersection Improvements 106`h Street & College Ave. RAB 20-ENG-02 CHANGE ORDER AFFECTS DBE PARTICIPATION: N yes no (if yes, attach details) Ver. 10.18.18 CHANGE ORDER REQUEST FORM CONTRACT NO. 20-ENG-02 UPON WRITTEN REQUEST FROM THE ENGINEER, PROVIDE ADDITIONAL DETAIL DATE RECEIVED REQUEST FOR SUBMITTAL DATE OF ADDITIONAL DETAIL [ Select Date] ADDITIONAL DETAIL [ Select Date] DETAILED DESCRIPTION / JUSTIFICATION: Include location(s), actions of contractor, owner, and other stakeholders, key events and related cause(s), discoveries, discussions, meetings, and effect on the contract if no action is taken. Also include references to key documents attached or available to support this change order request.) Click here to enter text. PROPOSED SOLUTION — ADDITIONAL DETAILS: Include proposed scope of work, means & methods, materials, equipment, utility relocation required, subcontracted scope and the effect on the contract schedule. Also include references to attached documents including, but not limited to, sketches, calculations, photos, material information, and submittals and meeting minutes.) 3D was instructed by onsite inspector on how to proceed. SIGNATURE Contractor: 3D Company Inc. Name: (print) eanna D. Case signature) Date: 2/27/2023 NOTE: The Contractor should retain a signed copy of this document for record. pg. 2 CHANGE ORDER REQUEST FORM , CONTRACT NO. 20-ENG-02 ATTACHMENT: UNIT PRICE ITEMS DETAIL Attach or paste a unit price item detail. See attached force account sheet for breakdown of cost involved. pg. 3 WATERWORKS 2126 WEST 400 SOUTH KOKOMO, IN 46902-9615 Please contact with Questions: 317-546-2013 I 31) COMPANY INC 7240 N SR 3 106TH & COLLEGE AVE MUNCIE, IN 47303 INVOICE NUMBER TOTAL DUE CUSTOMER PAGE 0297710 $2,279.22 14225 1 of 1 PLEASE REFER TO INVOICE NUMBER WHEN MAKING PAYMENT AND REMIT TO: FERGUSON WATERWORKS #1934 PO BOX 644054 PITTSBURGH, PA 15264-4054 3D COMPANY INC 106TH AND COLLEGE 106TH & COLLEGE AVE CARMEL, IN 46032 SHIP TO: SHIP SELL TAX CODE CUSTOMER ORDER NUMBER SALESMAN JOB NATAE INVOICE DATE BATCH WHSE. WHSE. 10 2930 2930 INE 2563 LMA 106TH & COLLEGE AVE 10/25/22 24424 ORDERED SHIPPED ITEM NUMBER DESCRIPTION UNIT PRICE UM AMOUNT 1 1 DMJTLA16U DOM 16X6 MJ C153 TEE UA 1099.510 EA 1099.51 2 2 DMJLSLAU DOM 6X12 MJ C153 LONG SLV L/A 158.000 EA 346-W 1 1 AFC2506MMLAOR 6 DI MJ RW OR GATE VLV UA 863.710 EA 863.71 INVOICE SUB -TOTAL 2279.22 LEAD LAW WA RNING; IT IS ILLE AL TO INSTALL PRODUCTS THAT ARE NOT "LEAD FREE" IN ACCORDANCE WITH US FEDERAL MR. OTHER APPLIC ABLE LAW IN POTABLE WATER SYSTEMS ANTICIPATED FOR HUMAN CONSUMPTION PRODUCTS W TH "NP IN THE DE SCRIPTION ARE NOT LEAD FREE AND CAN ONLY BE INSTALLED IN NON -POTABLE APPLICATIONS. I IUYER IS SOLELY RES ONSIBLE FOR PRODUCT SELECTION. Looking for a more convenient way to pay your bill? Log in to Ferguson.com and request access to Online Bill Pay. TERMS: NET 10TH PROX ORIGINAL INVOICE TOTAL DUE $2,279.22 All past due amounts are subject to a service charge of 1.5% per month, or the maximum allowed by law, if lower. if Buyer fails to pay within terms, hen inadditiontootherremedies, Buyer agrees to pay Seller all costs of collection, including reasonable attorney fees. Compiete terms and conditions are vailable upon request or at https://www.ferguson.comlcantenVwebsite-infolterms-of-sale, incorporated by reference. Seller may convert checks to ACH. Any reference to or incorporation of Executive Order 14042 and/or the EO•implementing Federal clauses {FAR 52.223 -99 and/or DFARS 252.223-7999 'sexpresslyrejectedbySellerandshallnotapplyasSellerisamaterialssupplierandthereforeexemptundertheExecutiveOrder.' Time & Materials Spreadsheet IN DOT Contract #: 20-ENG-02 Contract Descp: 106th St & College RAB Prime Contractor: 3D Company Subcontractor: Date Work Performed: 10128/2022-11101122 Inspector: Dave Machala T&M Task Description: Change of scope for water main tie at Broadway & 106th intersection. T&M Task Provider (Prime or Subcontractor): Weather Conditions: Task Start Time: Task Finish Time:. Comments: Lanor (inctucres rnn4es & Appucame r axed Name Classification Rate/Hour Hours Subtotal O.H. & Profit Amount 1 Chris PettyForeman 74. 24 3. 00 222. 72 1.20 267.26 2 Nathan Cox Laborer 52.35 3.00 157.05 1.20 188.46 3 Joseph Futrell Laborer 52.35 3.00 157.05 1.20 188.46 4 Brennen Hess Operator 69.70 3.00 209.10 1.20 250.92 5 6 Labor Total: 895.10 Eauinmenf Make Classification Rate/ Hour Hours Subtotal O. H. & Profit Amount 1 Case 235C Exc. 56,000 lb 109. 16 3.00 327,48 1.12 366.78 2 Cat 914K Wheel Loader 1.5 YD 50.89 3.00 152.67 1.12 170.99 3 4 6 E ulpment Total: 537.77 1 LQLGIIPlr1 VGG !" IiLa4!!GY Description 11lr VlVGJ Su tier Unit Price guand Subtotal O.H. & Profit Amount f Fittings. Gaskets, Etc Ferguson 1. 963.22 1.00 1.963.22 1.12 2,198.81 2 6 Material Total: 2.198.81 Signature: Daily Cost Summary Daily Labor Total: 895. 10 Signature: Daily Equipment Total: 537.77 Daily Materials Total: 2,198.81 Bond % Increase Total: Signature: GC (10%-1st $3, 000): GC (7%-Over $ 3,000): Daily Grand Total: 3,631.68 Signature: Prime Contractor Inspector Subcontractor CITY OF CARMEL TO: CONTRACT CHANGE REQUEST NO.: 07 DATE:. 1 /11 /2023 PROJECT NAME: 106th St & College Ave. RAB FROM: 3D Company Inc. IT IS REQUESTED THAT A CONTRACT CHANGE BE MADE TO THE ABOVE REFERENCED CONTRACT. 1. SCOPE OF WORK (USE ADDITIONAL PAGES IF REQUIRED. ALSO LIST OTHER CONTRACTS INVOLVED.) Downtime fQr utilitydelays with Duke T&T at structure 125A. 2. REASON FOR CHANGE: Multiple utility conflicts 3. APPROXIMATE COST CHANGE TO CONTRACT PRICE: $3,864.00 4. WILL THE CONTRACT NEED ADDITIONAL CONTRACT TIME TO COMPLETE THE CHANGE IN WORK SCOPE? X -YES -NO 3 -(CALENDAR DAYS) 5. WILL THE CONTRACTOR NEED ADDITIONAL PERSONNEL TO COMPLETE THE CHANGE IN WORK SCOPE? -YES X -NO IF NO, TRADE(S): NO. OF PERSONNEL: DURATION: 6. IDENTIFICATION OF ATTACHMENTS: time and materials force account breakdown attached. DATE: 1 /11 /2023 DATE: PREPARED REVIEWED BY: Deanna Case REVIEWED BY: ENGINEER Comments and Recommendation: AR-5 Version 2018-12-19 CHANGE ORDER REQUEST FORM CONTRACT NO. 20-ENG-02 PROJECT DESCRIPTION route / intersection / bridge no(s).) CHANGE ORDER REQUEST SUMMARY DESCRIPTION PROPOSED SOLUTION SUMMARY DATE OF SUBMISSION 1061h Street and College Avenue Roundabout January 11, 2023 Downtime for utility delays with Duke and AT&T at structure 125A. Click here to enter text. NOTE: Upon request from Engineer, enter detailed description on page 2. ONSET DATE OF CHANGE September 27, 2022 CHANGE ORDER TYPE 104.02 Changed Conditions PROPOSED COST AND TIME ADJUSTMENT COST COST INCREASE / (DECREASE): 3,864.00 The cost adjustment shall include lump sum and/or estimated totaled unit -priced item costs. Attach a separate sheet of unit price items including item description, unit of measurement, estimated quantity and unit price. CHECK APPROPRIATE BOXES PER APPROPRIATE BASIS OF COST CHANGE: 109.03 Altered Quantities 109.05(a) Agreed Price M 109.05(b) Force Account 109.05.02 Delay Costs PROPOSED COST CHANGE INCLUDES: Labor Material M Equipment Lease Agreement Subcontractor TIME ADJUSTMENT INCREASE / (DECREASE): work days) 3 CHECK APPROPRIATE BOXES PER APPROPRIATE BASIS OF TIME CHANGE: 108.08(a) Excusable, Non-Compensable M 108.08(b) Excusable, Compensable NOTE: If Compensable, attach details based on 109.05.2(a) Allowable Delay Costs. SUPPLEMENTAL INFORMATION Additional information. CHANGE ORDER ORIGINATION: N Owner/Inspection Contractor DOCUMENTS AFFECTED: Contract Specifications (ref. doc name/no.) Contract Plans (ref. doc name/no.) CHANGE ORDER AFFECTS DBE PARTICIPATION: INDOT Standard Specifications 2020 Intersection Improvements 106`h Street & College Ave. RAB 20-ENG-02 N yes no (if yes, attach details) Ver. 10.18.18 CHANGE ORDER REQUEST FORM CONTRACT NO. 20-ENG-02 UPON WRITTEN REQUEST FROM THE ENGINEER, PROVIDE ADDITIONAL DETAIL DATE RECEIVED REQUEST FOR SUBMITTAL DATE OF ADDITIONAL DETAIL [ Select Date] ADDITIONAL DETAIL [ Select Date] DETAILED DESCRIPTION / JUSTIFICATION: Include location(s), actions of contractor, owner, and other stakeholders, key events and related cause(s), discoveries, discussions, meetings, and effect on the contract if no action is taken. Also include references to key documents attached or available to support this change order request.) Downtime for utility delays with Duke and AT&T at structure 125A. PROPOSED SOLUTION — ADDITIONAL DETAILS: Include proposed scope of work, means & methods, materials, equipment, utility relocation required, subcontracted scope and the effect on the contract schedule. Also include references to attached documents including, but not limited to, sketches, calculations, photos, material information, and submittals and meeting minutes.) 3D was instructed by onsite inspector on how to proceed. SIGNATURE Contractor: 3D Company Inc. Name: (print) eanna D. Case Date: 1/11/2023signature) NOTE: The Contractor should retain a signed copy of this document for record. pg. 2 CHANGE ORDER REQUEST FORM CONTRACT NO. 20-ENG-02 ATTACHMENT: UNIT PRICE ITEMS DETAIL Attach or paste a unit price item detail. See attached force account sheet for breakdown of cost involved. pg. 3 Chan a Order Spreadsheet INDOT Contract #: 106th & College RAi3 Contract Descp: Prime Contractor: 3D Subcontractor: Date Work Performed: 9/27/2022-9/29/2022 Inspector: Dave Machala T&M Task Description: Downtime for utility delays with Duke and AT&T at structure 125A. T&M Task Provider (Prime or Subcontractor): Weather Conditions: Comments: Task Start Time: Task Finish Time: l..ahnr finrludes Frinnes & Annlicable Taxes) Name Classification Rate/Hour Hours Subtotal O.H. & Profit Amount 1 3 6 Labor Total: 0.00 Efujinment Make Classification Rate/Hour Hours Subtotal O.H. & Profit Amount 11 Trench Box 2,550.00 1.00 2,550.00 1.12 2,856.00 21 Manhole Box 900.00 1.00 900.00 1.12 1.008.00 6 Equipment Total: 3,864.00 Matprials (See Attached Invoices) Description Location Unit Price Quantity Subtotal O.H. & Profit Amount 1 2 3 Material Total: 0.00 Serb Contractors Subcontractor Type I Unit Price Quantity Subtotal O.H. & Profit Amount 1 2 6 Material Total: 0.00 Daily Cost Surnrnar Signature: Signature: Signature: Signature: Daily Labor Total: Daily Equipment Total: Daily Materials Total: Subcontractor Total: Bond % Increase Total: GC (10%-1st $3,000): GC (7%-Over $3,000): Daily Grand Total: 0.00 3,864.00 0.00 0.00 3,864.00 Contractor Inspector Subcontractor CR'en't,a]l' 8686 BROOKVILLE RD INDIA317--7791-2323 LIS, IN 6239 MacAllister Rentals Contract No. Invoice No. Date g Please Remit Your Payment to: 48249 5 R71482495501 28SEP2022 MacAllister Rentals Dept. 78731 P.O. Box 78000 Page 1 Detroit, Mll 48278-0731 44 WEEK INVOICE 6:39 PM 6866305 12SEP2022 12:58 PM IWCT2022 3D COMPANY INC 7240 N STATE ROAD 3 MUNC I E , IN 47303 106TH AND COLLEGE 2563 Phone: 765-288-3326 106 AND COLLEGE, INDIANAPOLIS SETH 765 730 1831 Cell: 765-288-3326 CYCLE BILL 000208 Qty Equipment # Min Day Week 4 Week Amount 1 4" X 8' X 20' TRENCH BOX 350. OC 350.00 800.00 2200.00 2200.00 8482056 Make: EFFICIENCY Model: XLD-B20 Ser #: 165239 1 4" X 4' X 20' TRENCH BOX 350. OC 350.00 600.00 1 700. 1700.00 B442020 Make: EPI Model: XLD-420 Ser #: 160714 8 8" X 5' SPREADERS so. 0C 50.00 100.00 150.00 1200.00 4 TRENCH BOX STACKING PINS 10. 0C 10.00 20.00 25 . 0 100.00 16 2" TRENCH BOX SPREADER PINS W 10.0c 10.00 20.00 25-OCI 400.00 SALE ITEMS: Qty Item number Unit Price 1 INEX EA 129.713 129.71 INDIANA RENTAL EXCISE TAX 1 ENVIRONMENTAL FEE EA 19 000 19.00 ENVIRONMENTAL FEE DELIVERY CHARGE 165.00 BILLED FOR FOUR WEEKS 9/12/22 THRU 10/10/22 12:58 PM BILLED FOR FOUR WEEKS 9/12/22 THRU 10/10/22 12:58 PM IMPORTANTI Please note and acknowledge safety instruction by initialing here: INDIANA STATE SALES TAX 404.88 Total . . s r By his/her Initial. Lessee will provide All safely accessories as required, per safely instructions. Initiat here: PAYMENT: Nat-30 days from invoice dale unless otherwise specified herein. A service charge will apply to all past due accounts. RENTAL EQUIPMENT PROTECTION PLAN ("REP"): Lessee will purchase REP (terms at www.macEillister.com/rep and incorporated herein by reference) if Lessee fails to obtain insurance coverage and provide MacAllister with proof of such coverage or if such insurance contains coverage amounts that are inadequate to cover the Equipment at any time. TERMS AND CONDITIONS: The rental agreement terms and conditions found at www.macallister.com/rentalterms ("Rental Terms") are incorporated herein by this reference and apply to your rental of Equipment from or provision of Services by MacAllister (as defined in the Rental Terms). Please read carefully. This agreement includes an indemnification clause, a Jury waiver, warranty disclaimers, and limitations of MacAllister's liability. By accepting delivery of or using the Equipment or Services or making payment(s) to MacAllister for the same, Lessee agrees to be bound by the Rental Terms and REP Terms, even if this Rental Out form has not been fully executed. ACCEPTED BY CUSTOMER f DW (290m2020) CITY OF CARMEL TO: CONTRACT CHANGE REQUEST NO.: 29 DATE: 3/28/2023 PROJECT NAME: 106th St & College Ave. RAB FROM: 3D Company Inc. IT IS REQUESTED THAT A CONTRACT CHANGE BE MADE TO THE ABOVE REFERENCED CONTRACT. 1. SCOPE OF WORK (USE ADDITIONAL PAGES IF REQUIRED. ALSO LIST OTHER CONTRACTS INVOLVED.) Structures 174 & 176 were submitted, approved, produced, and then deleted from the contract. 3D is requesting compensation for the material costs. 2. REASON FOR CHANGE: Existing AT&T utilities were in conflict with the proposed locations of str's 174 & 176. Existing str's were used to avoid relocating utilities which deleted the proposed str's. 3. APPROXIMATE COST CHANGE TO CONTRACT PRICE: $1195.20 4. WILL THE CONTRACT NEED ADDITIONAL CONTRACT TIME TO COMPLETE THE CHANGE IN WORK SCOPE? -YES X -NO -(CALENDAR DAYS) 5. WELL THE CONTRACTOR NEED ADDITIONAL PERSONNEL TO COMPLETE THE CHANGE IN WORK SCOPE? -YES X -NO IF NO, TRADE(S): NO. OF PERSONNEL: 1::_ • 6. IDENTIFICATION OF ATTACHMENTS: COR #29 is attached. DATE: 3 /2 8 /2023 DATE: PREPARED REVIEWED BY: Seth Blalock REVIEWED BY: ENGINEER Comments and Recommendation: AR-5 Version 2018-12-19 CHANGE ORDER REQUEST FORM CONTRACT NO. 20-ENG-02 PROJECT DESCRIPTION route / intersection / bridge no(s).) DATE OF SUBMISSION 1061h Street and College Avenue Roundabout 3/28/2023 CHANGE ORDER REQUEST SUMMARY Structures 174 & 176 were submitted, approved, produced, and tl DESCRIPTION deleted from the contract. Reason for deletion was existing AT&T were in conflict with the proposed locations. PROPOSED SOLUTION SUMMARY 3D is requesting compensation for the material costs. NOTE: Upon request from Engineer, enter detailed description on page 2. ONSET DATE OF CHANGE CHANGE ORDER TYPE 1 104.03 Extra Work PROPOSED COST AND TIME ADJUSTMENT COST COST INCREASE / (DECREASE): $ 1195.20 The cost adjustment shall include lump sum and/or estimated totaled unit -priced item costs. Attach a separate sheet of unit price items including item description, unit of measurement, estimated quantity and unit price. CHECK APPROPRIATE BOXES PER APPROPRIATE BASIS OF COST CHANGE: 109.03 Altered Quantities 109.05(a) Agreed Price ® 109.05(b) Force Account 109.05.02 Delay Costs PROPOSED COST CHANGE INCLUDES: Labor ® Material Equipment Lease Agreement Subcontractor Click here to TIME ADJUSTMENT INCREASE / (DECREASE): (work days) enter text. CHECK APPROPRIATE BOXES PER APPROPRIATE BASIS OF TIME CHANGE: 108.08(a) Excusable, Non-Compensable 108.08(b) Excusable, Compensable NOTE: If Compensable, attach details based on 109.05.2(a) Allowable Delay Costs. SUPPLEMENTAL INFORMATION Additional information. CHANGE ORDER ORIGINATION: DOCUMENTS AFFECTED: Contract Specifications (ref. doc name/no.) Contract Plans (ref. doc name/no.) CHANGE ORDER AFFECTS DBE PARTICIPATION: Owner/Inspection INDOT Standard Specifications 2020 Contractor l Intersection Improvements 106th Street & College Ave. RAB 20-ENG-02 yes ® no (if yes, attach details) Ver_ 10.18.18 CHANGE ORDER REQUEST FORM CONTRACT NO. 20-ENG-02 UPON WRITTEN REQUEST FROM THE ENGINEER, PROVIDE ADDITIONAL DETAIL DATE RECEIVED REQUEST FOR SUBMITTAL DATE OF ADDITIONAL DETAIL [ Select Date] ADDITIONAL DETAIL [ Select Date] DETAILED DESCRIPTION / JUSTIFICATION: Include location(s), actions of contractor, owner, and other stakeholders, key events and related cause(s), discoveries, discussions, meetings, and effect on the contract if no action is taken. Also include references to key documents attached or available to support this change order request.) Structures 174 & 176 were submitted, approved, produced, and then deleted from the contract. Reason for deletion was existing AT&T utilities were in conflict with the proposed locations. PROPOSED SOLUTION —ADDITIONAL DETAILS: Include proposed scope of work, means & methods, materials, equipment, utility relocation required, subcontracted scope and the effect on the contract schedule. Also include references to attached documents including, but not limited to, sketches, calculations, photos, material information, and submittals and meeting minutes.) Existing structures were used to avoid timely utility relocations. This resulted in the deletion of str. 174 and 176. SIGNATURE Contractor: 3D Company Inc. Name: (print) eanna D. Case signature) Date: 3/2e/2023 NOTE: The Contractor should retain a signed copy of this document for record. P9. 2 CHANGE ORDER REQUEST FORM CONTRACT NO. 20-ENG-02 ATTACHMENT: UNIT PRICE ITEMS DETAIL Attach or paste a unit price item detail. See attached force account sheet for breakdown of cost. pg. 3 Change Order Spreadsheet INDOT Contract #: 20-ENG-02 Contract Descp: Prime Contractor: 3D Company Inc. Subcontractor: Date Work Performed: Inspector: 106th St & College RAB Dave Machala T&M Task Description: Strucutres were submitted, approved, made, and then deleted from the contract. T&M Task Provider (Prime or Subcontractor): Weather Conditions: Comments: Task Start Time: Task Finish Time: Labor (IncluUes rr 119eS & App1 Carle 1 axeSl Name Classification Rate/Hour Hours Subtotal O.H. & Profit Amount 1 1.20 1.20 2 1.20 1.20 3 4 5 Labor Total: 2.40 Enuinrnent Make Classification Rate/Hour Hours Subtotal O.H. & Profit Amount 1 0.00 1.12 0.00 2 0.00 1.12 Equipment Total: 0.00 MatpriaLe /Spa ffac-hpd Invoices) Description Location Unit Price gQuanti Subtotal O.H. & Profit Amount 1 Str.174 570.00 1.00 570.00 1.12 638.40 2 Str.176 495.00 1.00 495,00 1.12 554.40 Material Total: 1,192.80 Suh Contractors Subcontractor Type Unit Price Quantity Subtotal O.H. & Profit Amount 1 0.00 1.07 0.00 a Material Total: 0.00 Dailv Cost Summa Daily Labor Total: 2.40 Daily Equipment Total: 0.00 Daily Materials Total: 1,192.80 Subcontractor Total: 0.00 Bond % Increase Total: GC (10%-1st $3,000): GC (7%-Over $3,000): Daily Grand Total: 1,195.20 Signature Prime Contractor Signature: Inspector Signature: Subcontractor Signature: INVOICE COUNTY. (80 . Fax: (715) 443-3768 - P.O. BOX BOX 100100 SHIPPED INVOICE DATE ORDER NO. MATERIALS CORPORATION MARATHON, WI 54448-0100 10/15/22 10/17/22 1 3832786-00 P.O. NO. PAGE# 57 jhol 2563-5 1 of 1 COST #: 150010 106TH ST & COLLEGE AVE RAB SHIP TO: *0089-22* CHRIS 765-748-1328 NEAR 10602 E 106TH ST CARMEL IN 46280 3D COMPANY INC 7240 NORTH STATE RD 3 BILL TO: MUNCIE IN 47303 LINENO. PRODUCT AND DESCRIPTION QTY. SHIPPED QTY. ' Ulm UNITPRICE ' AMOUNTNET) 1 sp057-0089-22-006 1.00 EA 570.00 570.00 STR# 131 17X30 (R13) INLET 2 sp057-0089-22-013 1.00 EA 570.00 570.00 STR# 167 17X30 (R13) INLET 3 sp057-0089-22-014 1.00 EA 570.00 570.00 STR# 169 17X30 (R13) INLET 4 sp057-0089-22-015 1.00 EA 570.00 570.00 sp057-0089-22-016 1.00 EA 570.00 570.00 STR# 174 17X30 (R13) INLET EA 595.00 STR# 168 17X30 (MOD R13) INLET 7 sp057-0089-22-022 1.00 EA 595.00 595.00 STR# 175 17X30 (MOD R13) INLET 8 sp057-0089-22-027 1.00 EA 495.00 495.00 STR# 126 24X36 (J10) INLET 9 sp057-0089-22-033 1.00 EA 495.00 495.00 STR# 154 24X36 (J10) INLET 10 sp057-0089-22-034 1.00 EA 495.00 495.00 STR# 159 24X36 (J10) INLET 11 78173006RIN 2.00 EA 0.00 0.00 INLET RISER 17" X 30" 6" TALL 12 78243606RIN 2.00 EA 0.00 0.00 INLET RISER 24" X 36" 6" TALL 13 700250 4.00 ROLL 0.00 0.00 JT SEAL 3/4" X 14.5' (8/CASE) Total Invoice Total Elp 00 I fa COUNTY" 80 . 69 Fax: (715) 443-3768 P.O. BOXOX 10100MATERIALS C0RP0RAT ION MARATHON, WI 54448-0100 cusT#: 150010 106TH ST & COLLEGE AVE RAB SHIP TO: " 0089-22" CHRIS 765-748-1328 NEAR 10602 E 106TH ST CARMEL IN 46280 3D COMPANY INC 7240 NORTH STATE RD 3 BILL TO: MUNCIE IN 47303 INVOICE SHIPPED INVOICE DATE ORDER NO. 10/14/ 22 j 10/14/22 3832788-00 P.O. NO. PAGE # 2563-5 1 of 1 LINE NO. PRODUCT AND DESCRIPTION QTY. SHIPPED QTY. U!MUNITPRICE AMOUNT NET) 1 sp057- 0089-22-035 1.00 EA 495.00 495.00 STR# 163 24X36 (J10) INLET 2 sp057- 0089-22-036 1.00 EA 495.00 495.00 3 sp057- 0089-22-637 1.00 EA 495.00 495.00 STR# 176 24X36 (J10) INLET 450.00 STR# 155 24X36 (M10) INLET 5 sp057- 0089-22-046 1.00 EA 450.00 450.00 STR# 156 24X36 (M10) INLET 6 sp057- 0089-22-047 1.00 EA 450.00 450.00 STR# 157 24X36 (M10) INLET 7 sp057- 0089-22-049 1.00 EA 450.00 450.00 STR# 172 24X36 (M10) INLET 8 sp057- 0089-22-054 1.00 EA 575.00 575.00 STR# 160 24X36 (MOD M10) INLET 9 sp057- 0089-22-055 1.00 EA 575.00 575.00 STR# 164 24X36 (MOD M10) INLET 10 78243606RIN 9.00 EA 0.00 0.00 INLET RISER 24" X 36" 6" TALL 11 700250 9.00 ROLL 0.00 0.00 JT SEAL 3/4" X 14.5' (8/CASE) Total 435. 00 Invoice Total 1 4435.00 35-1127849                                                                                                                                                                                                                       CzTfshfzHsfdivlijobu4;3:qn-Pdu34-3134 VSPRenewalExhibitfor CityofCarmel Group Number: 12013661 RenewalEffective Date: January1, 2024 VSP Signature PlanVSP Signature PlanVSP Signature Plan Current PlanRenewal PlanRenewal Alternative Option 10.00$10.00$10.00ExamCopay 25.00$25.00$25.00MaterialsCopay Frequency: Every 12 MonthsEvery 12 MonthsEvery 12 MonthsExam: Every 12 MonthsEvery 12 MonthsEvery 12 MonthsLenses: Every 24 MonthsEvery 24 MonthsEvery 24 MonthsFrame: Essential Medical Eye Care 20 copay per visit$20 copay per visit$20 copay per visit Exam Coverage Covered in full after copayCovered in full after copayCovered in full after copayWellVisionExam Standard and premium fit: Covered in full after Standard and premium fit: Covered in full after Standard and premium fit: Covered in full after copay. Member receives 15% off contact lens exam copay. Member receives 15% off contact lens exam copay. Member receives 15% off contact lens exam services; copay will never exceed $60 services; copay will never exceed $60 services; copay will never exceed $60ContactLensExam Fitting & Evaluation) 15% off not available at Costco Optical, 15% off not available at Costco Optical, 15% off not available at Costco Optical, Walmart Optical or Sam's Club OpticalWalmart Optical or Sam's Club OpticalWalmart Optical or Sam's Club Optical Routine Retinal Screening No more than a $39 copay on routine retinalt® Not available at Costco Optical, WalmartNo more than a $39 copay on routine retinal No more than a $39 copay on routine retinalscreeningasanenhancementtoaWellVisionscreeningasanenhancementtoaWellVisionExamscreeningasanenhancementtoaWellVisionExamOpticalorSam's Club Optical Exam Lens Coverage Basic Prescription Lenses: Glass or plastic) Single vision Covered in full after copayCovered in full after copayCovered in full after copay Lined bifocal Lined trifocal Lenticular 1 Covered with a copay, saving an average of Covered with a copay, saving an average of Covered with a copay, saving an average ofLensEnhancements 40%40%40% Single VisionMultifocalSingle VisionMultifocalSingle VisionMultifocal Standard Anti-Glare coating: 37$37$37$37$37$37 All other Anti-Glare coatings:$61 - $75$61 - $75$61 - $75$61 - $75$61 - $75$61 - $75 Impact-resistant lenses for children:Covered in fullCovered in fullCovered in fullCovered in fullCovered in fullCovered in full Impact-resistant lenses for adults:Covered in fullCovered in fullCovered in fullCovered in fullCovered in fullCovered in full Standard Progressives:N/ACovered in fullN/ACovered in fullN/ACovered in full Premium & Custom Progressives:N/A$80 - $160N/A$80 - $160N/A$80 - $160 Tints/Light-reactive lenses:$70$70$70$70$70$70 Scratch-resistant coating:Covered in fullCovered in fullCovered in fullCovered in fullCovered in fullCovered in full Costco Optical, Walmart Optical and Sam'sCostco Optical, Walmart Optical and Sam's ClubCostco Optical, Walmart Optical and Sam's Club Optical prices already include savings. Members will Optical prices already include savings. Members willClubOpticalpricesalreadyincludesavings. pay the Usual & Customary fee.pay the Usual & Customary fee. Members will pay the Usual & Customary fee. 1Prices shown reflect standard selections; premium or custom options may also be available at additional costs. Frame Coverage 150 allowance; plus 20% off any amount above the $150 allowance; plus 20% off any amount above the $200 allowance; plus 20% off any amount above the VSP Network Doctors and Visionworks allowanceallowanceallowance 80 allowance$80 allowance$110 allowanceCostcoOptical Walmart Optical, Sam's Club Optical 130 allowance $130 allowance $200 allowance and Retail Chains Contact Lens Coverage Elective Contact Lenses 130 allowance$130 allowance$150 allowance prescription contact lenses, in lieu of glasses) Necessary Contact Lenses Covered in full after copayCovered in full after copayCovered in full after copayNotavailableatRetailChains, Costco Optical, Walmart Optical or Sam's Club Optical Extra Savings Average 15% off or 5% off promotional offerAverage 15% off or 5% off promotional offerAverage 15% off or 5% off promotional offer SMVSPLaserVisionCareProgram Discounts only available from VSP contracted Discounts only available from VSP contracted Discounts only available from VSP contracted Discounts on LASIK, Custom LASIK, and PRK, facilities.facilities.facilities. plus patient education. Members who've had laser surgery can use frame Members who've had laser surgery can use frame Members who've had laser surgery can use frame benefit for non-prescription sunglassesbenefit for non-prescription sunglassesbenefit for non-prescription sunglasses 30% off unlimited additional pairs of prescription 30% off unlimited additional pairs of prescription 30% off unlimited additional pairs of prescription glasses and/or non-prescription sunglasses glasses and/or non-prescription sunglasses glasses and/or non-prescription sunglasses purchased on the same day with the same provider purchased on the same day with the same provider purchased on the same day with the same provider Additional Pairs of Glasses who performed the exam. Or 20% off from any VSP who performed the exam. Or 20% off from any VSP who performed the exam. Or 20% off from any VSP provider within 12 months of the member's last provider within 12 months of the member's last provider within 12 months of the member's last WellVision ExamWellVision ExamWellVision Exam Plan Enhancements LightCare Allows members to use their frame allowance towards ready-made non-prescription sunglasses, or ready-made non-prescription blue $25 copayN/AN/A 200 allowancelightfilteringglasses, instead of prescription glasses or contacts. Not available at Walmart Optical or Sam's Club Optical Out-of-Network Schedule 50.00$50.00$50.00EyeExam: 50.00$50.00$50.00SingleVision: 75.00$75.00$75.00LinedBifocal: 100.00$100.00$100.00LinedTrifocal: 125.00$125.00$125.00Lenticular: 75.00$75.00$75.00Progressive: 70.00$70.00$70.00Frame: 105.00$105.00$105.00ElectiveContactLenses: 210.00$210.00$210.00NecessaryContactLenses: Rate PassMonthlyRates Employee Only: $8.20Employee Only: $8.03Employee Only: $8.20 Employee + One: $12.53 Employee + One: $12.27 Employee + One: $12.53Risk Employee + Family: $22.46Employee + Family: $22.01Employee + Family: $22.46 Sliding 10%Sliding 10%Sliding 10% Commissions 2 Years2 Years4 YearsPolicyTerm Select the desired renewal plan Renewal Acceptance To renew your contract with VSP and ensure continuous service, please have the appropriate representative review this information, select the desired renewal action, sign and return this Renewal Agreement to the email address below. VSP produces your Plan Policy upon receipt of your confirmation of renewal. Your new Plan Policy may contain some provisions that are changed from those in your current Policy, so you should review the new Policy carefully upon receipt. Please file this Agreement with your VSP contract as it serves as your notice of renewal. VSP® Renewal Exhibit for City of Carmel Renewal Effective Date: January 1, 2024 Kiley EllisSignature: Key Client Manager, VSPName: 800.852.7600 Ext.7442Title: kiley.ellis@vsp.comDate: Based onapplicable laws, benefits may varybydoctor location. 2023 Vision Service Plan. All rights reserved. Classification: Confidential Rev. 08/2023 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: _____________________________________ CzTfshfzHsfdivlijobu4;52qn-Pdu24-3134 KBSO Consulting LLC Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O.#110103 Contract Not To Exceed $16,000.00 SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 1206 101 43-509.00funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City’s behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Sixteen Thousand Dollars ($16,000.00) (the “Estimate”). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City’s receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City’s prior written consent. SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, 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 KBSO Consulting LLC Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O.#110103 Contract Not To Exceed $16,000.00 agreed by the parties hereto. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days’ notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional’s receipt of City’s “Notice to Cease Services.” 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.5 Insurance 7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Professional's operations under this Agreement, whether such operations be by Professional or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1) Claims under Worker's Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; KBSO Consulting LLC Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O.#110103 Contract Not To Exceed $16,000.00 2) Claims for damages because of bodily injury and personal injury, including death, and; 3) Claims for damages to property. Professional's insurance shall be not less than the amounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage to Rented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal and Advertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident C. Excess/Umbrella Liability $2,000,000 (each occurrence and aggregate) D. Worker's Compensation & Disability Statutory E. Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit F. Professional Liability Insurance. The Professional shall carry and maintain during the continuance of this Agreement, professional liability insurance in the amount of 2,000,000 for single limit claims and $3,000,000 in the aggregate. The Professional's KBSO Consulting LLC Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O.#110103 Contract Not To Exceed $16,000.00 policy of insurance shall contain prior acts coverage sufficient to cover all Services performed by the Professional for this Project. Upon City's request, Professional shall give prompt written notice to City of any and all claims made against this policy during the period in which this policy is required to be maintained pursuant to this Agreement. If the insurance is written on a claims-made basis and coverage is cancelled at any time, the Professional will obtain, at its cost, an extended reporting endorsement which provides continuing coverage for claims based upon alleged acts or omissions during the term of the Agreement until all applicable statute of limitation periods have expired. 7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an additional insured," showing such coverage then in force (but not less than the amount shown above) shall be filed with City prior to commencement of any work. These certificates shall contain a provision that the policies and the coverage afforded will not be canceled until at least thirty (30) days after written notice has been given to City. 7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for those specified if the total amount of required protection is not reduced. Professional shall be responsible for all deductibles. 7.5.4Nothing in the above provisions shall operate as or be construed as limiting the amount of liability of Professional to the above enumerated amounts. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City’s property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional’s sole cost and expense. 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional’s warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for 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 terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional’s performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals’ required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, KBSO Consulting LLC Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O.#110103 Contract Not To Exceed $16,000.00 costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit C, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-Verify program, and ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit C. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City’s authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-Verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven 7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days (“Cure Period”). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. KBSO Consulting LLC Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O.#110103 Contract Not To Exceed $16,000.00 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel City of Carmel Street Department Office of Corporation Counsel st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 PROFESSIONAL: KBSO Consulting LLC 275 Veterans Way, Suite 300 Carmel, Indiana 46032 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date (“Effective Date”) of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file 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. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder KBSO Consulting LLC Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O.#110103 Contract Not To Exceed $16,000.00 or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.17 Non-Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City’s prior written consent. 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings 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. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional’s property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship KBSO Consulting LLC Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O.#110103 Contract Not To Exceed $16,000.00 with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City’s organization. 7.26 Debarment And Suspension 7.26.1 The Professional certifies by entering into this Agreement that neither itnor 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 Professional. 7.26.2 The Professional 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 Professional 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. 7.27 Access to Public Records Act Professional understands and agrees that any “public record”, as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana’s Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. 7.28 Iran Certification Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. TFVO!PEVLPNBJZB-!Q/F/ NBOBHJOH!QBSUOFS 58.6575:68 10/13/2023 Exhibit A Additional Services Request Date: 10/2/2023 KBSO Project #:23094 Project Name:Tarkington Garage ASR#:1 IssuedBy:Seun Odukomaiya, P.E. DESCRIPTION: Thisrequest for additional services shall cover additional scope of work for the following: Bid Process Assistance to include the following: a.Front end documentation development b.Conducting the Pre-bid meeting c.Bid opening and bid reviews d.Letter of Recommendation e.Pay application/progress billing assistance Electrical design for EV charging stations. ADDITIONALSERVICESFEETOTAL:$16,000 Bid Process Assistance: $12,000 Electrical Designfor EVcharging stations: $4,000 Please indicate your acceptance of this proposal by signing below and returning to us. Accepted by: Representative, Carmel Redevelopment CommissionDate 275Veterans Way, Suite300, Carmel, IN46032 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name EXHIBIT C AFFIDAVIT SEUN ODUKOMAIYA , being first duly sworn, deposes and says that he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1.I am over eighteen (18) years of age and am competent to testify to the facts contained herein. 2.I am now and at all times relevant herein have been employed by KBSO CONSULTING (the "Employer") in the position of MANAGING PARTNER 3.I am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4.The Employer is enrolled and participates in the federal E-Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5.The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SA YETH NOT. EXECUTED on the 12TH day of NOVEMBER , 201-.:!_. ------------ Printed: OLUWASEUN ODUKOMAIYA I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. Printed: OLUWASEUN ODUKOMAIYA Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel FEDERAL EXCISE TAX EXEMPT 110103 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 10/2/2023376158 KBSO CONSULTING LLC Street Department VENDORSHIP275VETERANSWAY 3400 W. 131st Street TOSUITE300 Carmel, IN 46074- CARMEL, IN 46032 - (317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 81175 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1206101General Fund Account: 43-509.00 1EachProfessional Services$16,000.00$16,000.00 Sub Total 16,000.00 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 16,000.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 110103 CONTROLLER RESOLUTION NO. BPW 11-01-23-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: CzTfshfzHsfdivlijobu:;21bn-Pdu16-3134 Catbun Studios Street Department- 2023 Appropriation #1206 101 43-509.00 Fund; P.O. #110104 Contract Not To Exceed $6,000.00 6. GOVERNMENT COMPLIANCE: Contractor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Contractor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Contractor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 7. NONDISCRIMINATION: Contractor 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. 8. 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. 9. NON-ASSIGNMENT: Contractor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 10. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Contractor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Contractor under or pursuant to this Agreement. 11. 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. 12. 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. 13. TERMINATION: 13.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Contractor, immediately terminate this Agreement for cause, in the event of a default hereunder by Contractor and/or if sufficient funds are not appropriated or encumbered to pay for the Services to be provided hereunder. In the event of such termination, Contractor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the C:\\Users\\clivingston\\Desktop\\Catbun Studios Agreement.docx:10/4/2023 2:16 PM\] 2 Catbun Studios Street Department- 2023 Appropriation #1206 101 43-509.00 Fund; P.O. #110104 Contract Not To Exceed $6,000.00 time of termination, unless the parties have previously agreed in writing to a greater amount. 13.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Contractor. In the event of such termination, Contractor shall be entitled to receive only payment for the undisputed invoice amount of conforming 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. 14. 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. 15. ADDITIONAL SERVICES Contractor understands and agrees that City may, from time to time, request Contractor to provide additional services to City. When City desires additional services from Contractor, the City shall notify Contractor of such additional services desired, as well as the time frame in which same are to be provided. Only after City has approved Contractor’s time and cost estimate for the provision of such additional services, has encumbered sufficient monies to pay for same, and has authorized Contractor, in writing, to provide such additional services, shall such goods and services be provided by Contractor 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. 16. TERM This Agreement shall be in effect from the Effective Date through the completion of the Services unless terminated according to the terms of this Agreement 17. 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. 18. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Contractor. 19. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Contractor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. C:\\Users\\clivingston\\Desktop\\Catbun Studios Agreement.docx:10/4/2023 2:16 PM\] 3 Exhibit A Ubmjb!Bsjfot 03503134 Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel FEDERAL EXCISE TAX EXEMPT 110104 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 10/2/2023377442 CATBUN STUDIOS Street Department VENDORSHIP5616DOEWAY 3400 W. 131st Street TO Carmel, IN 46074- NOBLESVILLE, IN 46062 - (317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 81176 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1206101General Fund Account: 43-509.00 1EachPainting Services$6,000.00$6,000.00 Sub Total 6,000.00 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 6,000.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 110104 CONTROLLER