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BPW Paperless Packet 08-06-25
Board of Public Works and Safety Meeting Agenda Wednesday, August 6, 2025 – 10:00 a.m. Council Chambers, City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes for July 16, 2025, Regular Meeting 2. BID OPENINGS, AWARDS, AND REVOCATION a. Bid Opening for 2026 Rock Salt for Drinking Water Softening; Lane Young, Director of Utilities b. Bid Award for 25-STR-03 Path Preservation; Matt Higginbotham, Street Commissioner 3. TABLED ITEMS a. Bid Revocation for Michigan Road Water Main Extensions and Connections; Lane Young, Director of Utilities TABLED 07-16-25 b. Request to Use Midtown Plaza and Use/Close City Streets; Special Request to Use Electricity; Dia de la Familia 2025; September 13, 2025; 8:00 AM to 7:00 PM; Claudia Escalante TABLED 07-16-25 c. Request to Use Midtown Plaza and Use/Close City Streets; Special Request to Use Electricity; Carmel Chinese Mooncake Festival; September 20, 2025; 2:00 PM to 10:30 PM; Ming Ye, Chinese Mooncake Committee TABLED 07-16-25 4.CONTRACTS a. Request for Purchase of Goods and Services; Girard and Associates; ($38,000.00); EMS QA Audit Program; Chief Joel Thacker, Carmel Fire Department b. Request for Purchase of Goods and Services; Hoosier Fire Equipment, Inc. ($65,936.00); Lateral Hire-Gear; Additional Services Amendment; Chief Joel Thacker, Carmel Fire Department c. Request for Purchase of Goods and Services; IKIO LED Lighting; ($145,783.51); Building Repairs and Maintenance; Chief Joel Thacker, Carmel Fire Department Board of Public Works Members: Laura Campbell, Presiding Officer Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed Alan Potasnik Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed James Barlow Appointed by Mayor Finkam Term August 27, 2025, Until a Successor is Appointed Next Meeting: August 20, 2025 d. Request for Purchase of Goods and Services; Macqueen Equipment, LLC; ($63,213.00); Nozzles; Additional Services Amendment; Chief Joel Thacker, Carmel Fire Department e. Request for Agreement of Professional Services; St. Vincent Health, Wellness and Preventive Care Institute, Inc.; ($110,886.83); 2025 Yearly Firefighter Physicals; Chief Joel Thacker, Carmel Fire Department f. Request for Purchase of Goods and Services; Eby Ford Sales, Inc.; ($94,510.68); Six 2025 F-150 Police Responder Trucks; Additional Services Amendment; Chief Drake Sterling, Carmel Police Department g. Request for Purchase of Goods and Services; John Jones Chrysler Dodge Jeep Fiat; ($132,946.50); 2025 Chrysler Pacifica and 2025 Jeep Grand Cherokee Laredo; Chief Drake Sterling, Carmel Police Department h. Request for Agreement of Professional Services; CHA Consulting, Inc.; ($708,775.00); 24-ENG-12 141ST and Shelborne Road Roundabout; Brad Pease, Director of Engineering i. Request for Agreement of Professional Services; CrossRoad Engineers, P.C.; ($343,000.00); 22-ENG-12 & 17-SW-15 Westfield Boulevard Path and Structure Replacement; Additional Services Amendment #7; Brad Pease, Director of Engineering j. Request for Agreement of Professional Services; Lochmueller Group, Inc.; ($121,400.00); 24-ENG-18 CNO-Stormwater Study Design; Additional Services Amendment #2; Brad Pease, Director of Engineering k. Request for Agreement of Professional Services; Schmidt Associates, Inc.; ($100,000.00); Assessments of City Buildings; Zac Jackson, Chief Financial Officer l. Request for Purchase of Goods and Services; Reith-Riley Constructions Co., Inc.; ($132,470.12); 25-STR-01 106TH Street over Keystone Parkway Bridge Beam Replacement; CO #2; Matt Higginbotham, Street Commissioner m. Request for Purchase of Goods and Services; Howard Asphalt, LLC d/b/a Howard Companies; ($262,628.00); 25-STR-03 Path Preservation; Matt Higginbotham, Street Commissioner 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Carter Green; Special Request to Use Electricity; Mira Awards; April 23 through April 25, 2026; 9:00 AM to 12:00 PM; Andretta Erickson, MBSA Events, Inc. b. Request for Commercial Firework Show; Woodland Country Club of Carmel Annual Fourth of July Party; June 26, 2026; 5:00 PM to 11:00 PM; Robert Reynolds, Woodland Country Club Board of Public Works Members: Laura Campbell, Presiding Officer Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed Alan Potasnik Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed James Barlow Appointed by Mayor Finkam Term August 27, 2025, Until a Successor is Appointed Next Meeting: August 20, 2025 c. Request to Use Civic Square Fountain Area; Special Request to Use Electricity; Wish TV Interview; August 13, 2025; 1:00 PM to 7:00 PM; Melissa Hopson, City of Carmel d. Request to Use Civic Square Gazebo and Lawn; Special Request to Use Electricity; International Dance Festival; September 7, 2025; 5:00 PM to 8:00 PM; Parool Patel e. Request to Use Veterans Memorial Plaza; 9/11 Remembrance Ceremony; September 11, 2025; 7:00 AM to 10:00 AM; Renee Butts, Carmel Fire Department f. Request to Use/Close City Streets; 14th Annual Brookshire 500 Lawnmower Race; September 20, 2025; 8:00 AM to 10:00 PM; Brian Ferry, Brookshire North HOA g. Request to Use Midtown Plaza and Use/Close City Streets; Special Request to Use Electricity; 2025 The Opening Act 5k; September 21, 2025; 7:00 AM to 12:30 PM; Todd Oliver, Carmel Road Racing Group h. Request to Use Civic Square Fountain Area and Civic Square Gazebo and Lawn; Special Request to Use Fountain Restrooms; A Constitution Day Festival; September 20 through September 27, 2025; 8:00 AM to 4:00 PM; Sharon Boller i. Request to Use Midtown Plaza; Fit4Mom North Indy Mommy and Me Workout; October 03, 2025; 10:00 AM to 11:30 AM; Debra Sexton, Fit4Mom North Indy j. Request to Use Civic Square Gazebo and Lawn and to Use/Close City Streets; Special Request to Use Electricity and Fountain Restrooms; Brain Bolt 5k; October 04, 2025; 4:00 AM to 1:00 PM; Lee O’Connor, RaceMaker Productions LLC k. Request to Use Midtown Plaza and Use/Close City Streets; (Amending Time, Previously Approved 06-04-25); Special Request to Use Electricity; The Arts in Autumn; October 11, 2025; 8:00 AM to 7:00 PM; Kenna Dishmond, City of Carmel l. Request to Use City Streets; 19th Annual Donut 5K Holiday Run/Walk; December 13, 2025; 8:00 AM to 11:00 AM; Todd Oliver, Carmel Road Racing Group 6. OTHER a. Request for Dedication and Deed of Right of Way; 22-ENG-03 116th and Hoover Roundabout; Hamilton County Park and Recreation Board b. Request for Consent to Encroach; 9862 Bucklebury Lane; Christopher and Pamela Maurice c. Request for Consent to Encroach; 14174 Klingensmith Blvd; Timothy and Sharon Kostaroff d. Request for Consent to Encroach; 14049 Honey Tree Drive; Paige and Brendan Bolander e. Request for Right of Way Dedication; 600 E 96th Street; Property Owners f. Request for Right of Way Dedication; 525 Congressional Boulevard; Property Owners Board of Public Works Members: Laura Campbell, Presiding Officer Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed Alan Potasnik Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed James Barlow Appointed by Mayor Finkam Term August 27, 2025, Until a Successor is Appointed Next Meeting: August 20, 2025 g. Request for Aerial Waiver of BPW Resolution No. 04-28-17-01; 3915 W 106th Street; AES h. Request for Aerial Waiver of BPW Resolution No. 04-28-17-01; 303 Walter Street; Duke Energy 7. ADD-ONS 8. ADJOURNMENT Board of Public Works Members: Laura Campbell, Presiding Officer Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed Alan Potasnik Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed James Barlow Appointed by Mayor Finkam Term August 27, 2025, Until a Successor is Appointed Next Meeting: August 20, 2025 Board of Public Works and Safety 1 Meeting Minutes 2 Wednesday, July 16, 2025 – 10:00 a.m. 3 Council Chambers, City Hall, One Civic Square 4 5 MEETING CALLED TO ORDER 6 Board Member Campbell called the meeting to order at 10:00 AM 7 MEMBERS PRESENT 8 9 Board Members Laura Campbell and Alan Potasnik, City Clerk Jacob Quinn, and Deputy Clerk 10 Jessica Dieckman were present. 11 MINUTES 12 Minutes for July 02, 2025, Regular Meeting. Board Member Potasnik moved to approve. Board 13 Member Campbell seconded. Minutes approved 2-0. 14 BID OPENINGS, AWARDS, AND REVOCATION 15 Bid Opening for 25-STR-03 Path Preservation; Board Member Potasnik unsealed the bids, and 16 Board Member Potasnik read them aloud: 17 Contractor Bid 18 Howard Asphalt LLC $262,628.00 19 Hasco, Inc $266,176.03 20 21 Bid Award for 22-ENG-12 & 17-SW-15 Westfield Boulevard Mutli-Use Path and Structure 22 Replacement; Brad Pease, Director of Engineering, recommended awarding the bid to HIS 23 Constructors, Inc., for $2,886,045.90 as they were the lowest quote and most responsive. Board 24 Member Potasnik moved to approve. Board Member Campbell seconded. Bid approved 2-0. 25 26 Bid Revocation for Michigan Road Water Main Extensions and Connections; Lane Young, 27 Director of Utilities TABLED Board Member Potasnik moved that this bid revocation be tabled. 28 Board Member Campbell seconded. Tabling approved 2-0. 29 30 31 32 CONTRACTS 33 Resolution BPW 07-16-25-01; Resolution of the City of Carmel Board of Public Works and Safety 34 Establishing a Purchasing Policy; New Purchasing Policy for Executive Branch Departments; 35 Sergey Grechukhin, Corporation Counsel, briefly speaks, stating this is an update to the current 36 purchasing policy. This is an improvement to the previous contract, and it is better and more 37 efficient. This reduces the threshold to $50,000, so we should hopefully attract more bidders. This 38 also updates all changes made by the state legislators. This consolidates all policies into a single 39 document and will be beneficial for all departments. Board Member Potasnik moved to approved. 40 Board Member Campbell seconded. Resolution approved 2-0 41 42 Request for Purchase of Goods and Services; Skender Construction of Indiana, LLC; 43 ($119,773.00); Main Street Roundabout Concrete; Board Member Potasnik moved to approve. 44 Board Member Campbell seconded. Request approved 2-0 45 Request for Purchase of Goods and Services HIS Constructors, Inc. ($2,886,045.90); 22-ENG-12 46 & 17-SW-15 Westfield Boulevard Multi-use Path and Structure Replacement; Board Member 47 Potasnik moved to approve. Board Member Campbell seconded. Request approved 2-0 48 Request for Purchase of Goods and Services; Hoods Gardens, Inc.; ($88,075.00); Winter 49 Decorations; Additional Services Amendment; Board Member Potasnik moved to approve. Board 50 Member Campbell seconded. Request approved 2-0 51 REQUEST TO USE CITY STREETS/PROPERTY 52 Request to Use Midtown Plaza and Use/Close City Streets; Special Request to Use Electricity; Dia 53 de la Familia 2025; September 13, 2025; 8:00 AM to 7:00 PM; Claudia Escalante TABLED. 54 Board Member Campbell briefly mentions that she would like to table these items. Public Safety 55 has requested that these items be moved to another location. This would allow the petitioner and 56 the public safety departments to discuss the issue and find an alternative location. 57 Josh Kirsh, City Engineer, briefly states that the engineering department has concerns about the 58 closure of certain streets, which would result in landlocked private property owners having no 59 access. 60 Melissa Hopson, Marketing and Communications Relations, briefly states that they spoke to the 61 fire department, and they did give approval for the footprints and road closures. This year, we are 62 closing Monon Boulevard north and south of the annex, as well as Elm Street. This closure is 63 different than last year as it created issues. Melissa Hopson displayed a map showing the road 64 closures and where the barricades would be placed. She stated they will be more prepared for this 65 event this year. Dia de la Familia and the Chinese Mooncake Festival will have the same closures. 66 Brad Pease, Director of Engineering, briefly mentions that we can collaborate with the teams and 67 departments to explore a solution. 68 Chief Drake Sterling of the Carmel Police Department briefly states that we agree to table this 69 item so we can examine these requests more closely, considering the number of people who will 70 be present. Board Member Potasnik moved this request be tabled. Board Member Campbell 71 seconded. Tabling approved 2-0. 72 73 Request to Use Midtown Plaza and Use/Close City Streets; Special Request to Use Electricity; 74 Carmel Chinese Mooncake Festival; September 20, 2025; 2:00 PM to 10:30 PM; Ming Ye, 75 Chinese Mooncake Committee TABLED Board Member Potasnik moved this request be tabled. 76 Board Member Campbell seconded. Tabling approved 2-0. 77 78 Request to Use Palladium East Patio; Special Request to Use Electricity; Wedding Ceremony; 79 May 30, 2026; 2:00 PM to 4:45 PM; Board Member Potasnik moved to approve. Board Member 80 Campbell seconded. Request approved 2-0 81 Request to Use/Close City Streets; Waterwood of Carmel Annual Neighborhood Block Party; 82 August 19, 2025; 5:00 PM to 8:30 PM; Board Member Potasnik moved to approve. Board Member 83 Campbell seconded. Request approved 2-0 84 Request to Use Carter Green; Special Request to Use Electricity; Kathak Dance Recital; 85 September 6, 2025; 2:00 PM to 10:00 PM; Board Member Potasnik moved to approve. Board 86 Member Campbell seconded. Request approved 2-0 87 Request to Use Midtown Plaza; Ball State vs Auburn Football Watch Party; September 6, 2025; 88 6:00 PM to 11:00 PM; Board Member Potasnik moved to approve. Board Member Campbell 89 seconded. Request approved 2-0 90 Request to Use/Close City Streets; Birthday Party; September 20, 2025; 6:00 PM to 11:00 PM; 91 Board Member Potasnik moved to approve. Board Member Campbell seconded. Request approved 92 2-0 93 Request to Use/Close City Streets; Carmel High School 2025 Homecoming Parade; September 94 26, 2025; 12:45 PM to 1:30 PM; Board Member Potasnik moved to approve. Board Member 95 Campbell seconded. Request approved 2-0 96 Request to Use/Close City Streets; Ghosts and Goblins 5k; October 25, 2025; 8:00 AM to 12:00 97 PM; Board Member Potasnik moved to approve. Board Member Campbell seconded. Request 98 approved 2-0 99 OTHER 100 Request for Consent to Encroach; 5284 Longstone Roundabout; Board Member Potasnik moved 101 to approve. Board Member Campbell seconded. Request approved 2-0 102 Request for Dedication and Deed of Right of Way; 331 W Main Street; Board Member Potasnik 103 moved to approve. Board Member Campbell seconded. Request approved 2-0 104 Request for Aerial Waiver of BPW Resolution No. 04-28-17-01; West Road and Dolan Way; 105 Board Member Potasnik moved to approve. Board Member Campbell seconded. Request approved 106 2-0 107 Resolution BPW 07-16-25-02; A Resolution of the Board of Public Works and Safety of the City 108 of Carmel, Indiana, Appointing Special Police Officer; Graig Collings; Board Member Potasnik 109 moved to approve. Board Member Campbell seconded. Resolution approved 2-0 110 ADD-ONS 111 Board Member Potasnik moved to add-on three items. Board Member Campbell seconded. Add-112 Ons approved 2-0. 113 Request to Use/Close City Streets; Late Night on Main; July 19, 2025; 1:00 PM to 12:00 AM; 114 Sergey Grechukhin, Corporation Counsel, briefly speaks, stating that all the requests are 115 modifications of previously approved Late Night on Main events. The changes include moving the 116 time frame of the events by one hour – starting at 6 pm instead of 7pm and finishing at 11 pm 117 instead of midnight, and adding additional barricades and cones around the perimeter. Everything 118 else remains the same. Joshua Kirsh, City Engineering, briefly states that we changed the time to 119 so that the street department weren’t cleaning up at 2:00 AM and when we decided to change the 120 time I didn’t realize we needed to change the set up time to earlier. Board Member Potasnik moved 121 to approve. Board Member Campbell seconded. Request approved 2-0 122 Request to Use/Close City Streets; Late Night on Main; August 16, 2025; 1:00 PM to 12:00 AM; 123 Board Member Potasnik moved to approve. Board Member Campbell seconded. Request approved 124 2-0 125 Request to Use/Close City Streets; Late Night on Main; October 11, 2025; 1:00 PM to 12:00 126 AM; Board Member Potasnik moved to approve. Board Member Campbell seconded. Request 127 approved 2-0 128 ADJOURNMENT 129 Board Member Campbell adjourned the meeting at 10:27 AM. 130 131 132 APPROVED: ____________________________________ 133 Jacob Quinn – City Clerk 134 135 136 _____________________________________ 137 Chairwoman Laura Campbell 138 139 140 ATTEST: 141 __________________________________ 142 Jacob Quinn – City Clerk 143 144 CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other 06/25/2025 Tabled on 07/16: Solutions included on back page All depts are okay with the solutions. 07/28/2025 yes, 07/08/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Elm Street between Monon Blvd North and Veteran's Way Monon Blvd North and South of the Lazara Parking Lot (just south of Wine and Rind) Include addresses as appropriate An easy to read, color map of the area is required with submission. Screenshot 2025-06-20 150958.png 1.59MB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades * No Parking Signs* Event Use/Purpose:* Has this event been held at City facility before?* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 25 Please note the number of NO PARKING SIGNS needed 15 5. EVENT DETAILS Dia de la Familia 2025 is an inaugural community event in partnership with the city that aims to Engage, enlighten, and celebrate the countries of Latin descent through the culture, flavors, and dance. Yes No Description of Event:* Event Date Start * Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* Fees? Provide a brief description of event Dia de la Familia 2025 is an inaugural community event in partnership with the city that aims to Engage, enlighten, and celebrate the countries of Latin descent through the culture, flavors, and dance. The family friendly international event will host authentic food trucks, an art exhibit, performances and musical entertainment. We plan to invite a dozen vendors. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/13/2025 9/13/2025 8:00:00 AM 7:00:00 PM 1:00:00 PM 5:00:00 PM NA Rehearsal Start Time:Rehearsal End Time: 2,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage 24 x 24 foot Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 10-15 6. CONTACT INFORMATION: Committe contact Claudia Escalante / City liaison: Melissa Hopson escalarxllc@gmail.com 0 City State / Province / Region Postal / Zip Code Country Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. City of Carmel Marketing and Community Relations Department Name of Organization/Applicant Signature of Authorized Agent/Applicant Printed Name and Title (If applicable) 3175712464 Phone Number (Required) One Civic Square, 56032 Carmel, Indiana Address of Organization/Applicant 6/25/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ Dia de la Familia Solutions • Capacity - This event will have 1500 attendees, so no issues with capacity. There are currently ICE raids around the country, so we expect attendance to be generally smaller. • Cleanliness - MAC event staff and committee members will assist in clean-up - this is routine of an event this size. • Defendable Event Footprint - We will only be closing Elm Street and will use the recommendation of hardened barriers and the Museum Firetruck. • Road Closure - no need to have a road closure on North Monon Boulevard. This event only needs Elm Street closed. We will however make an attempt to discourage drivers from continuing Northbound on North Monon past Elm Street. We will do this by placing a people gate barrier at the entrance of North Monon Boulevard, with signage pointing west as an "Event Detour". Additionally, we will say "Open to:" and list each affected business. Two cones will be placed at the entrance of North Monon Boulevard further narrowing the road and discouraging non-essential traffic. CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other 06/20/2025Tabled 07/16/2023 Solutions Included on last pageAll Depts are OK with solutions 07/28/2025 yes, 07/08/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Elm Street Between Monon Blvd North and Veteran's Way Close Monon Blvd North between Elm Street to Monon Blvd north parking lot north of Sun King, Include addresses as appropriate An easy to read, color map of the area is required with submission. Screenshot 2025-06-20 150958.png 1.59MB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades * No Parking Signs* Event Use/Purpose:* Has this event been held at City facility before?* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 25 Please note the number of NO PARKING SIGNS needed 10 5. EVENT DETAILS Carmel Chinese Mooncake Festival is a 13-year-old annual community event in partnership with the City of Carmel. Yes No Description of Event:* Event Date Start * Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* Fees? Provide a brief description of event Carmel Chinese Mooncake Festival is a 13-year-old annual community event in partnership with the City of Carmel. The event will host over 150 performers, sponsorship booths, drink vendors, family fun activities. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/20/2025 9/20/2025 2:00:00 PM 10:30:00 PM 6:30:00 PM 8:30:00 PM NA Rehearsal Start Time:Rehearsal End Time: 3,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage 28 x 24 foot Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 10 6. CONTACT INFORMATION: Ming Ye / City of Carmel Chinese Mooncake Committee mingye2006@yahoo.com 3175860667 City State / Province / Region Postal / Zip Code Country Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Marketing and Community Relations Name of Organization/Applicant Signature of Authorized Agent/Applicant Marketing and Community Relations Printed Name and Title (If applicable) 3175712464 Phone Number (Required) One Civic Square, Carmel Indiana, 46032 Address of Organization/Applicant 6/20/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ Chinese Mooncake • Capacity - This event was 3400 people last year without incident. We will not increase the number of performers from last year, as this tends to drive attendance up. We have also removed all tents out of the audience footprint within the plaza. • Cleanliness - MAC will coordinate with Parks on an acceptable solution, most likely MAC will hire and oversee Mainscape in cleaning the space after the event. • Defendable Event Footprint - We will close Elm Street and will use the recommendation of hardened barriers and the Museum Firetruck. We will also close North Monon Boulevard at 5:00 and either move the Museum Firetruck to block access to both Elm and North Monon, or place a second vehicle across North Monon Boulevard. • Road Closure - The businesses most affected by this event close at 4PM and 5PM. We will leave the North Monon Boulevard open until 5:00. During setup, and until the road is closed, we will utilize the same solution as listed above for Dia de la Familia: We will discourage drivers from continuing Northbound on North Monon past Elm Street. We will do this by placing a people gate barrier at the entrance of North Monon Boulevard with signage pointing west as an "Event Detour". Additionally, we will say "Open to:" and list each affected business. Two cones will be placed at the entrance of North Monon Boulevard further narrowing the road and discouraging non-essential traffic. Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 1 of 11 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (“Agreement”) is hereby entered into by and between the City of Carmel, Indiana, (“City”) and Girard and Associates an entity duly authorized to do business in the State of Indiana (“Vendor”). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement’s terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the “Goods and Services”) from Vendor using City budget appropriation number 1120 101 43-515.02 Fund. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Thirty-Eight Thousand Dollars and No Cents ($38,000.00) (the “Estimate”). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City’s receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. All payments and any late payments fees shall be pursuant to Indiana Prompt Payment Statute; Ind. Code 5-17-5 et al. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and are fit and sufficient for their particular purpose. Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 2 of 11 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) without any cap or limitation, for injury, death and/or damages to any person or property arising from Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 3 of 11 or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. City shall exempt Vendor from unnecessary coverage types given the remote nature of the work performed by Vendor. The Parties further agree to indemnify, defend and hold harmless each other and its officers, officials, agents and employees from all claims and suits resulting from the gross negligence or willful misconduct of the other Party all court costs, attorney fees, and other expenses, caused by any act or omission resulting from the gross negligence or willful misconduct of the er Party’s and/or of any of the other Party’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. Vendor’s indemnity shall not exceed the Vendor’s insurance limits. These obligations regarding indemnification shall survive the termination of this Agreement. 10. DATA AND INFORMATION PROTECTION: 10.1 Definitions. Capitalized terms used in this Section shall have the meanings set forth, below: "Authorized Person(s)" means (i) the Vendor's employee(s); and (ii) the Vendor's subcontractor(s) and agent(s) who have a need to know or otherwise access Personal Information to enable the Vendor to perform its obligations under this Agreement, and who are bound in writing by confidentiality and other obligations sufficient to protect Personal Information in accordance with the terms and conditions of this Agreement. "Highly Sensitive Personal Information" means an (i) individual's government-issued identification number (including Social Security number, driver's license number, or state- issued identification number); (ii) financial account number, credit card number, debit card number, or credit report information, with or without any required security code, access code, personal identification number, or password that would permit access to an individual's financial account; or (iii) biometric, genetic, health, medical, or medical insurance data. "Personal Information" means information provided to the Vendor by or at the direction of the City, information which is created or obtained by the Vendor on behalf of the City, or information to which access was provided to the Vendor by or at the direction of the City, in the course of the Vendor's performance under this Agreement that: (i) identifies or can be used to identify an individual (including, without limitation, names, signatures, addresses, telephone numbers, email addresses, and other unique identifiers); or (ii) can be used to authenticate an individual (including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, user identification and account access credentials or passwords, financial account numbers, credit report information, student information, biometric, health, genetic, medical, or medical insurance data, answers to security questions, and other personal identifiers). Personal Information includes, without limitation, all Highly Sensitive Personal Information. "Security Breach" means (i) any act or omission that compromises either the security, confidentiality, or integrity of Personal Information or the physical, technical, administrative, or organizational safeguards put in place by the Vendor or any Authorized Persons, or by the City should the Vendor have access to the City's systems, that relate to the protection of the security, confidentiality, or integrity of Personal Information; or (ii) receipt of a complaint in relation to the privacy and data security practices of the Vendor or any Authorized Person(s) or a breach or alleged breach of this Agreement relating to such privacy and data security practices. Without limiting the foregoing, a compromise shall include any unauthorized access to or disclosure or acquisition of Personal Information. Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 4 of 11 10.2. Standard of Care: i. Use of Artificial Intelligence (AI) to Generate the ePCR. City acknowledges that the City’s use of Artificial Intelligence (AI) tools in the generation or assistance of electronic Patient Care Reports (ePCRs) may result in the inclusion of inaccurate, misleading, or fabricated information (“hallucinations”), as well as subjective interpretations that may not align with clinical protocols or EMS documentation standards. City acknowledges that the City’s use of AI-generated or AI-assisted narratives may also raise concerns regarding authorship attribution, provider attestation accuracy, and compliance with applicable billing and documentation standards, potentially resulting in claim denials, reimbursement claw backs, or regulatory scrutiny by Medicare, Medicaid, private payers, or oversight agencies. City retains full responsibility for ensuring that the City’s use of AI-assisted documentation complies with all applicable local, state, and federal laws and regulations, including but not limited to: The Health Insurance Portability and Accountability Act (HIPAA), The Centers for Medicare & Medicaid Services (CMS) documentation and billing guidelines; and Applicable State EMS agency regulations and clinical protocol requirements. Vendor assumes no responsibility or liability for adverse outcomes, regulatory actions, or reimbursement issues arising from City’s use of AI in ePCR documentation. City is strongly encouraged to implement internal quality assurance controls and obtain legal or regulatory guidance prior to integrating AI tools into clinical documentation processes. ii. Vendor acknowledges and agrees that, during the term of the Agreement, Vendor may create, receive, or have access to Personal Information. For any Personal Information, Vendor shall comply with this Section in its creation, collection, receipt, transmission, storage, disposal, use, and disclosure of such Personal Information and be responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of Personal Information under its control or in its possession by all Authorized Persons. Vendor shall be responsible, and remain liable to the City, for the actions and omissions of all Authorized Persons concerning the treatment of Personal Information. ii. Personal Information is deemed to be Confidential Information of the City and is not Confidential Information of Vendor. iii. Vendor agrees and covenants that it shall: a. Keep and maintain all Personal Information in strict confidence, using such a degree of care as is professionally appropriate to avoid unauthorized access, use, and/or disclosure; b. Not create, collect, receive, access, or use Personal Information in violation of law; c. Use and disclose Personal Information solely and exclusively for the purposes for which the Personal Information, or access to it, is provided pursuant to the terms and conditions of this Agreement, and not use, sell, rent, transfer, distribute, or otherwise disclose or make available Personal Information for Vendor's own purposes or for the benefit of anyone other than Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 5 of 11 the City, in each case, without the City's prior written consent; and d. Not disclose, directly or indirectly, Personal Information to any person other than Authorized Person(s), without the City's prior written consent. v. Vendor shall implement and maintain a written information security program, including appropriate policies, procedures, and risk assessments. vi. If Vendor has access to or will collect, access, use, store, process, dispose of, or disclose credit, debit, or other payment cardholder information, Vendor shall, at all times, remain in compliance with the Payment Card Industry Data Security Standard ("PCI DSS") requirements, including remaining aware at all times of changes to the PCI DSS and promptly implementing all procedures and practices as may be necessary to remain in compliance with the PCI DSS, in each case, at Vendor's sole cost and expense. vii. At a minimum, Vendor's safeguards for the protection of Personal Information shall include: a. Limiting access of Personal Information to Authorized Persons; b. Securing business facilities, data centers, paper files, servers, backup systems, and computing equipment, including, but not limited to, all mobile devices and other equipment with information storage capability; c. Implementing network, application, database, and platform security; d. Securing information transmission, storage, and disposal; e. Implementing authentication and access controls within media, applications, operating systems, and equipment; f. Encrypting Highly Sensitive Personal Information stored on any media; g. Encrypting Highly Sensitive Personal Information transmitted over public or wireless networks; h. Strictly segregating Personal Information from information of Vendor or its other customers so that Personal Information is not commingled with any other types of information; i. Conducting risk assessments, penetration testing, and vulnerability scans and promptly implementing, at Vendor's sole cost and expense, a corrective action plan to correct any issues that are reported as a result of the testing; j. Implementing appropriate personnel security and integrity procedures and practices, including, but not limited to, conducting background checks consistent with applicable law; and k. Providing appropriate privacy and information security training to Authorized Persons. 10.3. Security Breach. Vendor shall: i. Notify the City of a Security Breach as soon as practicable, but no later than 24 hours after the Vendor becomes aware of it. ii. Immediately following Vendor's notification to the City of a Security Breach, the Vendor shall coordinate with the City to investigate the Security Breach. Vendor agrees to fully cooperate with the City in the City's handling of the matter and shall make available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law, regulation, industry standards, or as otherwise required by the City. Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 6 of 11 iii. Vendor shall, at its own expense, use best efforts to immediately contain and remedy any Security Breach and prevent any further Security Breach, including, but not limited to taking any and all action necessary to comply with applicable privacy rights, laws, regulations, and standards. Vendor shall reimburse the City for all actual costs incurred by the City in responding to, and mitigating damages caused by any Security Breach, including all costs of notice and/or remediation. iv. Vendor agrees to maintain and preserve all documents, records, and other data related to any Security Breach. v. Vendor agrees to fully cooperate, at its own expense, with the City in any litigation, investigation, or other action deemed necessary by the City to protect its rights relating to the use, disclosure, protection, and maintenance of Personal Information. 10.4. Return or Destruction of Personal Information. At any time during the term of the Agreement, at the City's written request or upon the termination or expiration of the Agreement for any reason, Vendor shall, and shall instruct all Authorized Persons to, promptly return to the City all copies, whether in written, electronic, or other form or media, of Personal Information in its possession or the possession of such Authorized Persons, or securely dispose of all such copies, and certify in writing to the City that such Personal Information has been returned to the City or disposed of securely. Vendor shall comply with all directions provided by the City with respect to the return or disposal of Personal Information. 10.5. Cyber Liability Insurance. Vendor shall maintain cyber liability insurance coverage of not less than $1,000,000 each claim and annual aggregate providing coverage for damages and claims expenses, including notification expenses, arising from: (i) breach of network security; (ii) alteration, corruption, destruction, and deletion of information stored and processed on a computer system; (iii) invasion of privacy, including identity theft and unauthorized transmission or publication of personal information; (iv) unauthorized access and use of computer systems, including hackers; (v) the transmission of malicious code; and (6) website content, including claims of libel, slander, trade libel, defamation, infringement of copyright, trademark and trade dress, and invasion of privacy. 10.6 HIPAA. Acceptable uses of Protected Health Information (PHI) by Vendor are limited to ambulance PCR audits, including communication about the ambulance PCR audit between Vendor, its. employees, subcontractors, agents, and any other purpose(s) permitted or mandated by federal law/regulation pursuant to 45 C.F.R. § 164.502(j)(1) (2005) or applicable state law. Parties agree to adhere to the conditions set forth in the Business Associate Agreement, which is attached as Exhibit E hereto and incorporated by reference. 10.7 Vendor shall provide licenses to the Girard & Associates Web Report Program so that the City can generate reports on the progress of their QA initiatives incorporated as Exhibit G. Vendor shall provide all technical support for the above services including database and report software maintenance. 11. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 7 of 11 codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 12. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 13. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 14. 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. 15. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 16. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 8 of 11 17. 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. 18. 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. 19. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Fire Department Office of Corporation Counsel 210 Veterans Way One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Girard and Associates PO BOX 1144 Westport, MA 02790 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 20. TERMINATION: 20.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 20.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, City shall reimburse Vendor for all reasonable costs for the Goods and Services delivered up to the date of termination, except that such payment amount Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 9 of 11 shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 20.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 21. REPRESENTATIONS AND WARRANTIES 21.1 The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21.2 Vendor, its employees, agents, and independent contractors are not responsible for any action, including but not limited to the implementation of any disciplinary action of City's employees, taken by the City, its Medical Director, or state, federal, or applicable regional EMS authority because of Vendor’s performance of its obligations as described in this Agreement. 21.3 Accept as required by law, including but not limited to Indiana’s Access to Public Records Act, subpoenas, and court orders, City agrees that services, information, and materials provided under this agreement will not be duplicated, shared, or otherwise distributed in any way to persons or organizations outside of City, and any state, local, regional, or national regulatory agency. This information is being provided exclusively for internal use by City. 21.4 City agrees that City’s physician medical director and City not Vendor, is responsible for determining whether City breached any applicable treatment protocol and what action, if any, should be taken on under the authority of the physician medical director and City. 21.5 Parties will protect the other Parties Intellectual Property and Confidential Information with the same care and diligence as it would use to protect its own Intellectual Property and Confidential Information. Each party will take all necessary and appropriate steps to safeguard the other’s Intellectual Property and Confidential Information by employees, former employees, vendors, affiliates, and others to whom they have directly, or indirectly, made confidential information available. 22. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 23. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through the satisfactory Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 10 of 11 completion of services and/or delivery and acceptance of goods contracted for herein. 24. 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. 25. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 26. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 27. DEBARMENT AND SUSPENSION 27.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 27.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 28. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 29. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 30. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition Paul Girard 51-0579605 7/21/25 December 12, 2024 Good afternoon Andrew, Thank you for taking the time to meet with me to discuss Girard & Associates CQI services. I have provided a quote for services for the options you requested. The quotes below are based on 6500 calls per year. Service Description Price Audit Only Services •We audit all the calls sent to us by your agency, enter all the relevant information in our database, and provide a written analysis of any opportunities for improvement for each call. •We would license our database and report software to you and provide training on how to use the software to manage your QA program. •We would also provide license to any other people you need to have access to the software, such as your medical director. •Under this option, your in-house staff would do all the QA follow-ups with medical control and providers, as well as any educational or policy creation needed, data analysis, etc. •We would provide a “coach” to be point person in answering any questions you may have regarding the process, software, or advice on how to move the CQI process forward. $38,000 1 2 •This option is usually chosen by agencies with a limited budget who need help with the time- consuming tasks of auditing the call and data entry and provides a structured system for agencies who perhaps do not have an existing robust QA system. •It also provides an independent review of the call which can make the task of following up with providers a bit easier. I would be happy to go over these options, or additional options at your convenience. Again, thank you for meeting with me and for considering Girard & Associates for your EMS CQI needs. Paul Girard, President/CEO Paul.girard@girardassoc.com 2 2 EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Commercial General Liability (Occurrence Basis), Bodily Injury, Personal Injury, Property Damage, Contractual Liability, Products-Completed Operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Limit: Each Occurrence Limit: Damage to Premises: Fire Damage (any one fire): Medical Expense Limit (any one person): Statutory Limits $500,000 each employee $500,000 each accident $1,000,000 policy limit $2,000,000 $1,000,000 $500,000 $1,000,000 $100,000 each occurrence $250,000 each occurrence $10,000 Auto Liability (owned, hired, and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella/Excess Liability Each Occurrence: Aggregate: Maximum deductible: $1,000,000 each accident $1,000,000 each accident $1,000,000 $1,000,000 $1,000,000 $10,000 Paul Girard Girard & Associates Inc. President/CEO 21st July 25 Paul Girard Paul Girard Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 1 of 11 Exhibit E BUSINESS ASSOCIATE AGREEMENT (BAA) BETWEEN CARMEL FIRE DEPARTMENT AND GIRARD & ASSOCIATES, INC. This BAA is attached to the Agreement for Goods and Services Patient Care Report PCR Quality “Audit Only” Agreement P.O. # 113145 (Agreement) is entered into on the date last written below by and between the Carmel Fire Department, a municipal fire department with an office located at 210 Veterans Way, Carmel, 46032 (COVERED ENTITY), and Girard & Associates, Inc., a Massachusetts corporation with an office at P.O. Box 1144 Westport, MA 02790 (BA). WHEREAS Covered Entity possesses Individually Identifiable Health Information that is protected under HIPAA (as hereinafter defined), the HIPAA Privacy Regulations (as hereinafter defined), the HIPAA Security Regulations (as hereinafter defined) and the HIPAA Breach Notification Regulations (as hereinafter defined) and is permitted to use or disclose such information only in accordance with such laws and regulations. WHEREAS Business Associate may receive such information from Covered Entity, or create and receive such information on behalf of Covered Entity, in connection with the Services (as hereinafter defined) it will provide to the Covered Entity, including but not limited to the agreements or service arrangements listed on Exhibit F attached hereto and incorporated herein (each a “Services Contract”); and WHEREAS Covered Entity wishes to ensure that Business Associate will appropriately safeguard the privacy, confidentiality, integrity, and availability of Individually Identifiable Health Information. NOW THEREFORE, the Parties agree as follows: 1.Definitions. The parties agree that the following terms, when used in this Agreement, shall have thefollowing meanings, provided that the terms set forth below shall be deemed to be modified to reflectany changes made to such terms from time to time as defined in HIPAA, the HIPAA PrivacyRegulations, the HIPAA Security Regulations, and the HIPAA Breach Notification Regulations.a.“Breach” shall mean the acquisition, access, use, or disclosure of PHI in a manner notpermitted under 45 C.F.R. Part 164, Subpart E (the “HIPAA Privacy Rule”) whichcompromises the security or privacy of the PHI. “Breach” shall not include:(1)Any unintentional acquisition, access, or use of PHI by a workforce member or personacting under the authority of the Covered Entity or Business Associate, if suchacquisition, access, or use was made in good faith and within the scope of authorityand does not result in further use or disclosure in a manner not permitted under theHIPAA Privacy Rule; or(2)Any inadvertent disclosure by a person who is authorized to access PHI at theCovered Entity or Business Associate to another person authorized to access PHI at Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 2 of 11 the Covered Entity or Business Associate, respectively, or Organized Health Care Arrangement in which the Covered Entity participates, and the information received as a result. (3)of such disclosure is not further used or disclosed in a manner not permitted underthe HIPAA Privacy Rule; or(4)A disclosure of PHI where the Covered Entity or Business Associate has a good faithbelief that an unauthorized person to whom the disclosure was made would notreasonably have been able to retain such information. b.“Data Aggregation” means, with respect to PHI created or received by Business Associate inits capacity as the Business Associate of Covered Entity, the combining of such PHI byBusiness Associate with the PHI received by Business Associate in its capacity as a BusinessAssociate of another Covered Entity, to permit data analyses that relate to the health careoperations of the respective Covered Entities. c.“Electronic Protected Health Information” or “Electronic PHI” means PHI that is transmitted byor maintained in electronic media as defined in the HIPAA Security Regulations. d.“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Public Law104-191, as amended by the Health Information Technology for Economic and Clinical HealthAct (“HITECH”), Title XIII of the American Recovery and Reinvestment Act of 2009 (PublicLaw 111-5), and as otherwise may be amended from time to time. e.“HIPAA Breach Notification Regulations” means the regulations promulgated under HIPAA bythe United States Department of Health and Human Services to require notification ofbreaches of unsecured PHI, including, but not limited to, 45 C.F.R. Part 160 and 45 C.F.R.Part 164, Subpart A and Subpart D, as amended by the HIPAA Omnibus Rule, and asotherwise may be amended from time to time. f.“HIPAA Omnibus Rule” means the recently promulgated final rule entitled, “Modifications tothe HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under the HealthInformation Technology for Economic and Clinical Health Act and the Genetic InformationNondiscrimination Act Other Modifications to the HIPAA Rules.” Any standards orimplementation specifications described herein that have been added or modified by theHIPAA Omnibus Rule shall have a compliance date of September 23, 2013. g.“HIPAA Privacy Regulations” means the regulations promulgated under HIPAA by the UnitedStates Department of Health and Human Services to protect the privacy of PHI, including, butnot limited to, 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subpart A and Subpart E, asamended by the HIPAA Omnibus Rule, and as otherwise may be amended from time to time. h.“HIPAA Security Regulations” means the regulations promulgated under HIPAA by the UnitedStates Department of Health and Human Services to protect the security of Electronic PHI,including, but not limited to, 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subpart A andSubpart C, as amended by the HIPAA Omnibus Rule, and as otherwise may be amendedfrom time to time. Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 3 of 11 i.“HITECH Act” means the Health Information Technology for Economic and Clinical Health Act,enacted as part of the American Recovery and Reinvestment Act of 2009, Public Law 111-005. i.“Individually Identifiable Health Information” means information that is a subset of healthinformation, including demographic information collected from an individual, that is. (1) created or received by a health care provider, health plan, employer, or health careclearinghouse; and (2) relates to the past, present, or future physical or mental health or condition of an individual;the provision of health care to an individual; or the past, present, or future payment for theprovision of health care to an individual; and (a)that identifies the individual; or (b)with respect to which there is a reasonable basis to believe the information canbe used to identify the individual. j.“Protected Health Information” or “PHI” means Individually Identifiable Health Informationtransmitted or maintained in any form or medium, including electronically, that (i) is receivedby Business Associate from Covered Entity, (ii) is created by Business Associate for its ownpurposes from Individually Identifiable Health Information that Business Associate receivesfrom Covered Entity, or (iii) is created, received, transmitted or maintained by BusinessAssociate on behalf of Covered Entity. PHI excludes Individually Identifiable HealthInformation in education records covered by the Family Educational Rights and Privacy Act,as amended, 20 U.S.C. § 1232g, records described at 20 U.S.C. § 1232g(a)(4)(B)(iv), andemployment records held by the Covered Entity in its role as employer.k.“Security Incident” means the attempted or successful unauthorized access, use, disclosure,modification, or destruction of information or interference with system operations in aninformation system. l.“Services” means the services defined in the services agreement or other contract (the“Services Agreement”) between the Parties. m.Any terms capitalized, but not otherwise defined, in this Agreement shall have the samemeaning as those terms have under HIPAA, the HIPAA Privacy Regulations, the HIPAASecurity Regulations, and the HIPAA Breach Notification Regulations and shall be deemed tobe modified to reflect any changes made to such terms from time to time as defined in HIPAA, the HIPAA Privacy Regulations, the HIPAA Security Regulations, and the HIPAABreach Notification Regulations. 2.Obligations and Activities of Business Associate Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 4 of 11 a.Use or Disclosure. Business Associate agrees to not use or further disclose PHI other than asexpressly permitted or required by this Agreement or as required by law. b.Safeguards and Compliance with the HIPAA Security Regulations. Business Associateagrees to use appropriate safeguards to appropriately protect the confidentiality, integrity, andavailability of PHI and prevent unauthorized use or disclosure of the information.Notwithstanding the generality of the forgoing, Business Associate agrees to comply with eachof the Standards and Implementation Specifications of 45 C.F.R. §§ 164.308 (AdministrativeSafeguards), 164.310 (Physical Safeguards), 164.312 (Technical Safeguards), 164.314(Organizational Requirements), and 164.316 (Policies and Procedures and DocumentationRequirements) with respect to Electronic PHI. c.Computer System Security Requirements. Business Associate shall establish and maintain asecurity system covering its computers, including any wireless networks connecting itscomputers. The security system must include, at a minimum, secure user authenticationprotocols and access measures as well as reasonably up-to-date firewall protection, operatingsystem security patches and system security agent software. In addition, Business Associateshall encrypt (1) all transmitted records and files that contain PHI and will be transmitted overpublic networks or transmitted wirelessly and (2) all PHI stored on laptops or other portabledevices. d.Mitigation. Business Associate agrees to mitigate, to the extent practicable, any harmful effectthat is known to Business Associate of a use or disclosure of PHI by Business Associate inviolation of the requirements of this Agreement. e.Reporting. Business Associate agrees to report to Covered Entity any use or disclosure ofPHI in violation of this Agreement by Business Associate or by a third party to which BusinessAssociate disclosed PHI pursuant to Section 2.e (“Subcontractors and Agents”) immediately,but in no event later than within 48 hours of becoming aware of any such disclosure. BusinessAssociate further agrees to report promptly and at least within ten (10) days of BusinessAssociate’s discovery, any Security Incident to Covered Entity of which Business Associatebecomes aware. Notwithstanding the foregoing provisions of this Section 2.d., Business Associate shallimmediately, and in no case longer than 48 hours after discovery of a Breach, report toCovered Entity any Breach consistent with the Breach Notification Regulations. Breaches canbe reported to the Covered Entity Privacy Officer 317-571-2500, Business Associate mustalso, without unreasonable delay, identify each individual whose unsecured PHI has been, oris reasonably believed to have been, accessed, acquired or disclosed as a result of theBreach, and provide such information to Covered Entity as needed in order to meet the databreach notification requirements under the Breach Notification Regulations, and in any eventwithin twenty (20) calendar days after the discovery of the Breach. The Breach shall beconsidered “discovered” when the Business Associate knew or reasonably should haveknown when the Breach occurred. Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 5 of 11 Business Associate agrees to fully cooperate, coordinate with, and assist Covered Entity in gathering the information necessary to notify the affected individuals. Specifically, Business Associate agrees to cooperate with Covered Entity to ensure that all such Breach notices are sent without unreasonable delay and in no case more than sixty (60) days from the discovery of the Breach, or such earlier time as required under applicable state data breach notification rules. Business Associate agrees that it shall be solely responsible for all costs and expenses incurred because of the Breach, including costs associated with mitigation, preparation, and delivery of the notices. If Business Associate creates, receives, maintains, or transmits PHI on behalf of other covered entities in addition to Covered Entity, Business Associate agrees that it has the capability to identify the covered entity to which the breached information relates. In the event of any use or disclosure of PHI in violation of this Agreement by Business Associate or by a third party to which Business Associate disclosed PHI pursuant to Section 2.e (“Subcontractors and Agents”) that arises from the acts or omissions of BusinessAssociate or its employees, subcontractors, agents, or representatives, and that requiresnotification of government agencies and patients, Business Associate will cooperate fully withCovered Entity and will carry out the notification requirements subject to Covered Entity’s priorapproval of any written reports, unless Covered Entity elects to carry out the notifications. f.Subcontractors and Agents. In accordance with 45 C.F.R. 164.502(e)(1)(ii) and164.308(b)(2), if applicable, Business Associate agrees to ensure that any agents, includingsubcontractors, that create, receive, maintain, or transmit PHI on behalf 6 of BusinessAssociate agree, in writing, to the same restrictions, conditions, and requirements that applythrough this Agreement to Business Associate with respect to such information. g.Requests for Restrictions. Business Associate agrees to comply with requests for restrictionson use or disclosure of PHI that Covered Entity has agreed to or is required to abide by under45 C.F.R. §164.522, to the extent that such restriction may affect Business Associate’s use ordisclosure of such PHI. h.Access to PHI. Upon request by Covered Entity for access to PHI about an individualcontained in a Designated Record Set, Business Associate shall make available to CoveredEntity, in the time and manner reasonably designated by Covered Entity, such PHI for so longas such information is maintained in the Designated Record Set. In the event any individualrequests access to PHI directly from Business Associate, Business Associate shall forwardsuch request to Covered Entity in the time and manner reasonably designated by CoveredEntity such that Covered Entity can respond to such individual in accordance with 45 C.F.R. §164.524. Any denials of access to the PHI requested shall be the responsibility of CoveredEntity. i.Amendment of PHI. Upon receipt of a written request by or on behalf of Covered Entity for theamendment of an individual’s PHI or record contained in a Designated Record Set (for so longas the PHI is maintained in the Designated Record Set), Business Associate shall promptlyprovide such information to Covered Entity for amendment, in the time and mannerreasonably designated by Covered Entity, and incorporate any such amendments in the PHIas required by 45 C.F.R. §164.526. Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 6 of 11 j.Audit and Inspection. Business Associate agrees to make its internal practices, riskassessments, books, and records, including policies and procedures and PHI, relating to theuse and disclosure of PHI and the security of Electronic PHI, available to Covered Entity, or,at the request of Covered Entity, to the Secretary of Health and Human Services (the“Secretary of HHS”) or any officer or employee of HHS to whom the Secretary of HHS hasdelegated such authority for the purposes of the Secretary of HHS determining CoveredEntity’s compliance with the HIPAA Privacy Regulations, the HIPAA Security Regulations, andthe HIPAA Breach Notification Regulations. Such information shall be made available in atime and manner designated by Covered Entity or the Secretary of HHS. k.Documentation of Disclosures. Business Associate agrees to document such disclosures ofPHI, and such information related to such disclosures, as would be required for CoveredEntity to respond to a request by an Individual for an accounting of disclosures of PHI inaccordance with 45 C.F.R. § 164.528, and as otherwise may be amended from time to time. l.Accounting of Disclosures of PHI. Upon receipt of notice by or on behalf of Covered Entitythat Covered Entity has received a request for an accounting of disclosures of PHI, BusinessAssociate shall make available to Covered Entity, in the time and manner reasonablydesignated by Covered Entity, that information collected in accordance with Section 2.k(“Documentation of Disclosures”) of this Agreement,] including disclosures of PHI held byBusiness Associate for treatment, payment, or health care operations purposes containedwithin an Electronic Health Record maintained by Business Associate on behalf of CoveredEntity pursuant to this Agreement, to permit Covered Entity to respond to the request inaccordance with 45 C.F.R. § 164.528, and as otherwise may be amended from time to time.Business Associate shall notify Covered Entity within five (5) days from the date BusinessAssociate receives any such request for an accounting of disclosures directly from anindividual. m.Prohibition on Sale of PHI. Business Associate agrees to comply with the prohibition on saleof PHI without authorization unless an exception under 45 C.F.R. § 164.508 applies. n.Minimum Necessary Use and Disclosure. In conducting functions and/or activities under thisAgreement that involve the use and/or disclosure of PHI, Business Associate shall limit theuse and/or disclosure of PHI to the minimum amount of information necessary as determinedby Covered Entity to accomplish the intended purpose of the use or disclosure, as required by45 C.F.R. 164.502(b). o.Electronic Transactions Regulations. If Business Associate conducts any Transaction for oron behalf of Covered Entity which is covered under the Electronic Transactions Standardsfrom and after the Agreement Effective Date, Business Associate agrees that it will complywith, and cause its employees, agents and representatives, and subcontractors to complywith, the applicable requirements of the Electronic Transactions Standards. 3.Permitted Uses and Disclosures by Business Associate Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 7 of 11 a.General Use and Disclosure Provisions. Except as otherwise limited in this Agreement,Business Associate may use or disclose PHI in connection with its performance of theServices if such use or disclosure of PHI would not violate the HIPAA Privacy Regulations ifdone by Covered Entity or such use or disclosure is expressly permitted under Section 3.b(“Specific Use and Disclosure Provisions”) of this Agreement. b.Specific Use and Disclosure Provisions.(1)Except as otherwise limited in this Agreement, Business Associate may use anddisclose PHI for the proper management and administration of the BusinessAssociate or to meet its legal responsibilities; provided, however, that such PHI mayonly be disclosed for such purposes only if the disclosures are required by law or theBusiness Associate obtains certain reasonable assurances from the person to whomthe information is disclosed. The required reasonable assurances are that:(a)the information will remain confidential.(b)the information will be used or further disclosed only as required by law or forthe purpose for which the information was disclosed to the person; and(c)the person will notify the Business Associate of any instances of which it isaware in which the confidentiality of the information has been breached. (2)Business Associate may use and disclose PHI to report violations of law toappropriate Federal and State authorities, consistent with 45 C.F.R. § 164.502(j)(1). (3)Data Aggregation. Business Associate may use and disclose PHI received byBusiness Associate in its capacity as a Business Associate of Covered Entity toprovide Data Aggregation services relating to the health care operations of CoveredEntity. (4)De-Identification. Business Associate is authorized to use PHI to deidentify theinformation in accordance with 45 CFR 164.514(a)-(c). 4.Obligations of Covered EntityCovered Entity shall not request Business Associate to use or disclose PHI in any manner that wouldnot be permissible under the HIPAA Privacy Regulations if done by Covered Entity or that is nototherwise expressly permitted under Section 3 (“Permitted Uses and Disclosures by BusinessAssociate”) of this Agreement. 5.Term and Terminationa.Term. This Agreement shall be effective as of the Agreement Effective Date and shall continueuntil terminated in accordance with the provisions of Section 5.b (“Termination for Cause”) or6.c (“Amendment”) hereof. b.Termination for Cause. Upon Covered Entity’s knowledge of a material breach by BusinessAssociate, Covered Entity may, in its sole discretion, either (1) provide Business Associate withnotice of and an opportunity to cure such breach and then terminate this Agreement if BusinessAssociate does not cure the breach within time specified by Covered Entity, or (2) terminatethis Agreement immediately. If termination of the Agreement is not feasible, Business Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 8 of 11 Associate acknowledges and agrees that Covered Entity has the right to report the breach to the Secretary of HHS. Upon Business Associate’s knowledge of a material breach by the Covered Entity of this Agreement, Business Associate may, in its sole discretion, provide Covered Entity with notice of and an opportunity to cure such breach and then terminate this Agreement if Covered Entity does not cure the breach within time specified by Business Associate. If termination of the Agreement is not feasible, Covered Entity acknowledges and agrees that: Business Associate has the right to report the breach to the Secretary of HHS. c.Effect of Termination. (1)Upon termination of this Agreement, for any reason, Business Associate shall return ordestroy all PHI received from Covered Entity or created or received by BusinessAssociate on behalf of Covered Entity. This provision shall also apply to PHI that is inthe possession of subcontractors or agents of Business Associate. Business Associateshall retain no copies of the PHI. (2)Notwithstanding the foregoing, if Business Associate determines that returning ordestroying the PHI is not feasible, Business Associate shall provide to Covered Entitynotification of the conditions that make return or destruction not feasible. Upon mutualagreement of the Parties that return, or destruction of PHI is not feasible, BusinessAssociate shall extend the protections of this Agreement to such PHI and limit furtheruses and disclosures of such PHI to those purposes that make the return ordestruction not feasible, for so long as Business Associate maintains such PHI. d.Mitigation Obligation. If Business Associate violates any of its obligations under Section 2 ofthis Agreement, Business Associate, at its sole cost and expense, shall, subject to approval inadvance by Covered Entity, promptly take all steps necessary to mitigate the harmful effects ofsuch violation, if any. 6. Miscellaneousa.Regulatory References. A reference in this Agreement to a section in HIPAA, the HIPAAPrivacy Regulations, the HIPAA Security Regulations, or the HIPAA Breach NotificationRegulations means the section as in effect or as amended from time to time, and for whichcompliance is required, except that any standards or implementation specifications describedherein that have been added or modified by the HIPAA Omnibus Rule shall have a compliancedate of September 23, 2013. b.Training of Business Associate’s Employees. Business Associate represents and warrants tothe Covered Entity that Business Associate’s employees, agents, representatives, andsubcontractors who will have access to PHI will (1) receive general HIPAA-related training andeducation, as well as periodic refresher training, (2) be familiar with and receive training relatedto state and federal data breach notification laws and requirements, and (3) have specificknowledge of Business Associate’s HIPAA-related responsibilities and contractual Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 9 of 11 requirements to the Covered Entity (including applicable state law), in each case prior to being allowed to have access to the Covered Entity’s PHI. In addition, Business Associate agrees to document employee HIPAA-related training as described in this Agreement, and provide evidence of such training, upon request, to Covered Entity. c.Amendment. Covered Entity and Business Associate agree that amendment of this Agreementmay be required to ensure that Covered Entity and Business Associate comply with changes instate and federal laws and regulations relating to the privacy, security, and confidentiality ofPHI, including, but not limited to, changes under the HIPAA Privacy Regulations, the HIPAASecurity Regulations and the HIPAA Breach Notification Regulations. Business Associateagrees that Covered Entity may amend this Agreement, in its sole discretion, upon thirty (30)days written notice to ensure that Covered Entity will be able to comply with such laws andregulations. For the avoidance of doubt, in the event Business Associate has not objected inwriting to such amendment within such thirty (30) day notice period, the amendment shall bedeemed to have been accepted by Business Associate. Covered Entity may terminate thisAgreement upon thirty (30) days written notice if Business Associate does not promptly enteran amendment that Covered Entity, in its sole discretion, deems sufficient to ensure thatCovered Entity will be able to comply with such laws and regulations. d.Survival. The respective rights and obligations of Business Associate under Section 5c (“Effectof Termination”), 6g (“Injunctions”) and 6i (“Indemnification”) of this Agreement shall survive thetermination of this Agreement. e.Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning thatpermits Covered Entity to comply with applicable law protecting the privacy, security, andconfidentiality of PHI, including, but not limited to, HIPAA, the HIPAA Privacy Regulations, theHIPAA Security Regulations or the HIPAA Breach Notification Regulations. f.State Law. Nothing in this Agreement shall be construed to require Business Associate to useor disclose PHI without a written authorization from an individual who is a subject of the PHI, orwritten authorization from any other person, where such authorization would be required understate law for such use or disclosure. g.Injunctions. Covered Entity and Business Associate agree that any violation by BusinessAssociate of any of the provisions of this Agreement may cause irreparable harm to CoveredEntity. Accordingly, in addition to any other remedies available to Covered Entity at law, inequity, or under this Agreement, Covered Entity shall be entitled to an injunction or otherdecree of specific performance with respect to any violation by Business Associate of any ofthe provisions of this Agreement, or any explicit threat thereof, without any bond or othersecurity being required and without the necessity of demonstrating actual damages. h.HITECH Act Compliance. The Parties acknowledge that the HITECH Act includes significantchanges to the Privacy Rule and the Security Rule. The privacy subtitle of the HITECH Act setsforth provisions that significantly change the requirements for business associates and the Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 10 of 11 agreements between business associates and covered entities under HIPAA and these changes may be further clarified in forthcoming regulations and guidance. Each Party agrees to comply with the applicable provisions of the HITECH Act and any HHS regulations issued with respect to the HITECH Act. The Parties also agree to negotiate in good faith to modify this BAA as reasonably necessary to comply with the HITECH Act and its regulations as they become effective but, if the Parties are unable to reach agreement on such a modification, either Party will have the right to terminate this BAA upon 30- days’ prior written notice to the other Party. i.Indemnification. Business Associate shall indemnify, hold harmless and defend Covered Entityfrom and against any and all claims, losses, liabilities, costs and other expenses resulting from,or relating to, the acts or omissions of Business Associate in connection with therepresentations, duties and obligations of Business Associate under this Agreement, withoutregard to any limitation or exclusion of damages provision otherwise set forth in this Goods andServices Contact or any other agreement between the Parties. j.No Third-party Beneficiaries. Nothing express or implied in this Agreement is intended or shallbe deemed to confer upon any person other than Covered Entity, Business Associate, andtheir respective successors and assigns, any rights, obligations, remedies, or liabilities. k.Primacy. To the extent that any provisions of this Agreement conflict with the provisions of anyother agreement or understanding between the Parties, this Agreement shall control withrespect to the subject matter of this Agreement. l.Independent Contractors. No provision of this Agreement is intended to create, nor shall bedeemed or construed to create any employment, agency or joint venture relationship betweenCovered Entity and Business Associate other than that of independent entities contracting witheach other hereunder solely for the purpose of effectuating the provisions of this Agreement.None of the parties nor any of their respective representatives shall be construed to be theagent, employer, or representative of the other. The parties have reviewed the factors todetermine whether an agency relationship exists under the federal common law of agency, andit is not the intention of either Covered Entity or Business Associate that Business Associateconstitutes an “agent” under such common law. m.Entire Agreement. This Agreement constitutes the entire agreement between Covered Entityand Business Associate pertaining to the subject matter hereof and supersedes any previousagreements between Covered Entity and Business Associate relating to the same subjectmatter. This Agreement may not be modified, nor shall any provision hereof be waived oramended, except in a writing duly signed by authorized representatives of Covered Entity andBusiness Associate. A waiver with respect to one event shall not be construed as continuing, oras a bar to or waiver of any right or remedy as to subsequent events. n.Governing Law. This Agreement shall be governed by and construed in accordance with thelaws of the State of Indiana, without application of principles of conflicts of laws. Girard and Associates Fire Department - 2025 Appropriation #1120 43-515.02 Fund; P.O. #113145 Contract Not To Exceed $38,000.00 Page 11 of 11 o.Counterparts; Attachments. This Agreement may be executed in counterparts, by manual orfacsimile signature, each of which will be deemed an original and all of which together willconstitute one and the same instrument. p.Successors and Assigns. This Agreement will inure to the benefit of and be binding upon thesuccessors and assigns of the parties. This Agreement is not assignable by any party withoutthe prior written consent of the other parties, which consent shall not be unreasonably withheld. q.Headings. The headings contained in this Agreement are included for purposes ofconvenience only and shall not affect in any way the meaning or interpretation of any of theterms of this Agreement. r.Notices. Any notices to be given under this Agreement to a party shall be made via U.S. Mailor express courier to such party’s address set forth below, and/or email to the email addresseslisted below. To/From Business Associate To/From Covered Entity Girard and Associates, Inc. City of Carmel Fire Department P.O. Box 1144 210 Veterans Way Westport, MA 02790 Carmel, IN 46032 info@girardassoc.com asyoung@carmel.in.gov Attn: Privacy Officer Attn: Privacy Officer City of Carmel Office of Corporation Counsel One Civic Square Carmel, IN 46032 21st July . July 25, 2025 Statement and Request for Approval of Special Purchase City of Carmel Fire Department (“CFD”) respectfully requests the Board of Public Works and Safety to approve a special purchase of safety turnout gear (“Safety Gear”). This special purchase is authorized by Ind. Code § 5-22-10-5 (Savings to governmental body) and Ind. Code § 5-22-10- 8 (Compatibility of equipment, accessories, or replacement parts) because Hoosier Fire Equipment, Inc., is offering CFD the Safety Gear at a 50% discount off list prices (shown in the quote attached to the contract), and, because the safety turnout gear is proprietary, Hoosier Fire is the only dealer in Indiana and, for public safety purposes, the Safety Gear should and will maintain compatibility and continuity with all of CFD’s other safety turnout gear purchased since 2023. Respectfully submitted, Chief Joel Thacker Carmel Fire Chief Macqueen Equipment, LLC Fire Department - 2025 Appropriation #1120 44-670.99 Fund; P.O. #117994 Contract Not To Exceed $63,213.00 ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR GOODS AND SERVICES This ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR GOODS AND SERVICES (“Additional Services Amendment”) shall amend the terms of the Agreement for Purchase of Goods and Services entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“City”), and Macqueen Equipment, LLC aka Macqueen Emergency Group (the “Vendor”) as City Contract dated April 17, 2024 (the “Agreement”) by adding the additional services to be provided by Vendor consistent with the Scope of Work attached hereto and incorporated herein as Exhibit “A”. The terms and conditions of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Additional Services Amendment as follows: CITY OF CARMEL, INDIANA Macqueen Equipment, LLC by and through its Board of Public Works and Safety By: By: Laura Campbell, Presiding Officer Authorized Signature Date: Printed Name James Barlow, Member Date: Title Alan Potasnik, Member FID/TIN: Date: ATTEST: Date: Jacob Quinn, Clerk Date: Shane Maple Regional Sales Manager 7/17/2025 41-0845185 CARMEL FIRE DEPT 16 - DELAFIELD, WI 210 VETERANS WAY CARMEL, IN 46032 07/09/2025 13:12:31 (O) 1 01 CARME001 3175712600 040851 CARMEL FIRE DEPARTMENT BEST WAY ELKHART 210 VETERANS WAY CARMEL IN 46032 0031201550-020 323 / 353 Attention: KURT WEDDINGTON ESTIMATE EXPIRY DATE: 08/08/2025 Part#Description U Qty Price Amount______________________________ _ ____________________ ____________ 0033XDOF-0101050500 1.5 SHUTOFF ORG 9 485.00 4365.00 1.5" SHUT OFFS W/PISTOL GRIP (ORANGE INSERTS) 000187XD-0102 ELKHART 187-XD 9 166.00 1494.00 ELKHART 187-XD 1.5"SMOOTH BORE SHORT BARREL- ORN BUMPER, 7/8"OPENING 0033XDOF-0101020200 1.5 SHUTOFF RED 29 485.00 14065.00 1.5" SHUT OFFS W/PISTOL GRIP (RED INSERTS) 000187XD-0103 XD 7/8" TIP 20 166.00 3320.00 ELKHART XD SMOOTH BORE TIP, 7/8", WITH RED BUMPER 04XD017F-0101020A ELKHART XD CHIE 11 565.00 6215.00 Waterway: 1 3/8" 01 - Stem: 160 GPM @ 50 PSI 01 - Inlet: 1.5" FNH 02 - Bumper: RED 0A - Teeth: SPINNING 03976301 ELKHART XD MID 10 507.00 5070.00 ELKHART XD MID RANGE FOAM TUBE 0069XDOF-01010300300 2.5 SHUTOFF YEL 19 621.00 11799.00 2.5" SHUT OFFS W/PISTOL GRIP (YELLOW INSERTS ON PISTOL GRIP AND BALE) 000188XD-0605 ELKHART 188-XD 19 204.00 3876.00 1 3/16" SMOOTH BORE LONG BARREL (YELLOW BUMPER) 04XD025F-0201030A ELKHART FOG NOZ 10 715.00 7150.00 50 PSI, SPINNING TEETH FOG NOZZLE, 265 GPM (YELLOW NOZZLE) 0033XD0F-0101040400 ELKHART 1.5" XD 9 485.00 4365.00 ELKHART 1.5" XD SHUTOFF Exhibit A Page 1 of 2 CARMEL FIRE DEPT 16 - DELAFIELD, WI 210 VETERANS WAY CARMEL, IN 46032 07/09/2025 13:12:31 (O) 2 01 CARME001 3175712600 040851 CARMEL FIRE DEPARTMENT BEST WAY ELKHART 210 VETERANS WAY CARMEL IN 46032 0031201550-020 323 / 353 Attention: KURT WEDDINGTON ESTIMATE EXPIRY DATE: 08/08/2025 Part#Description U Qty Price Amount______________________________ _ ____________________ ____________ NO SMOOTH BORE, W/ BLUE. PISTOL GRIP INSERT, BLUE. BALE PLATE 000187XD-0108 XD 7/8" TIP 9 166.00 1494.00 ELKHART XD SMOOTH BORE TIP, 7/8", WITH BLUE BUMPER Reference Number: 040851-ELKHART **FREIGHT NOT INCLUDED** Subtotal: 63213.00 Tax:.00 Authorization: _________________________TOTAL: 63213.00 Exhibit A Page 2 of 2 7/9/2025 MACQUEEN ST PAUL, MN 55106 - 117994 1125 7TH STREET EAST City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Nozzles Carmel Fire Department 210 Veterans Way Carmel, IN 46032- 373906 UNIT PRICEDESCRIPTIONUNIT OF MEASUREQUANTITY Page 1 of 1 102930 1120Department:102Fund:Ambulance Capital Fund 44-670.99Account: ***Per attached quote 040851***1 $0.00 $0.00Each 1 3/16" Smooth Bore Long Barrel (Yellow bumper)19 $204.00 $3,876.00Each000188XD-0605 1.5" Shut off with pistol grip (orange insert)9 $485.00 $4,365.00Each0033XDOF- 0101050500 1.5" Shut Offs with Pistol Grip (Red insert)29 $485.00 $14,065.00Each0033XDOF- 0101020200 2.5" Shut Offs with Pistol Grip (Yellow inserts on pistol grip and bale) 19 $621.00 $11,799.00Each0069XDOF- 01010300300 50 psi spinning teeth fog nozzle, 265 gpm (yellow nozzle)10 $715.00 $7,150.00Each04XD025F- 0201030A Elkhart 1.5" XD Shutoff No smooth bore, w/blue pistol grip insert, blue bale plate 9 $485.00 $4,365.00Each0033XD0F- 0101040400 Elkhart 187-XD 1.5" Smooth Bore Short Barrel - ORN Bumper 7/8" Opening 9 $166.00 $1,494.00Each000187XD-0102 Elkhart XD Chief Waterway 1 3/8"11 $565.00 $6,215.00Each04XD017F- 0101020A Elkhart XD Mid Range Foam Tube10 $507.00 $5,070.00Each03976301 Elkhart XD Smooth bore tip, 7/8" with blue bumper9 $166.00 $1,494.00Each000187XD-0108 Elkhart XD Smooth Bore Tip, 7/8" with red bumper20 $166.00 $3,320.00Each000187XD-0103 Freight included per email1 $0.00 $0.00Each $63,213.00Sub Total $63,213.00 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. 117994 ORDERED BY TITLE Carmel Fire Department 210 Veterans Way Accounts Payable Carmel, IN 46032- Denise Snyder Zac Jackson Accreditation/Budget Administrator CFO John Jones Chrysler Dodge Jeep Fiat Police Department - 2025 Appropriation #1110 44-650.01 Fund; P.O. #117963 Contract Not To Exceed $132,946.50 1 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (“Agreement”) is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“City”), and John Jones Chrysler Dodge Jeep Fiat an entity duly authorized to do business in the State of Indiana (“Vendor”). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement’s terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the “Goods and Services”) from Vendor using City budget appropriation number 1110 101 44-650.01 Fund. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than One Hundred Thirty-Two Thousand Nine Hundred Forty-Six Dollars and Fifty Cents ($132,946.50) (the “Estimate”). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City’s receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. All payments and any late payments fees shall be pursuant to Indiana Prompt Payment Statute; Ind. Code 5-17-5 et al. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and are fit and sufficient for their particular purpose. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. John Jones Chrysler Dodge Jeep Fiat Police Department - 2025 Appropriation #1110 44-650.01 Fund; P.O. #117963 Contract Not To Exceed $132,946.50 2 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees), without any cap or limitation, for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, without any cap or limitation, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. The City has no indemnity obligation and will not indemnification the Vendor in regard to any liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) arising out of this Agreement. These obligations regarding indemnification shall survive the termination of this Agreement. John Jones Chrysler Dodge Jeep Fiat Police Department - 2025 Appropriation #1110 44-650.01 Fund; P.O. #117963 Contract Not To Exceed $132,946.50 3 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, John Jones Chrysler Dodge Jeep Fiat Police Department - 2025 Appropriation #1110 44-650.01 Fund; P.O. #117963 Contract Not To Exceed $132,946.50 4 and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Police Department Office of Corporation Counsel Three Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: John Jones Chrysler Dodge Jeep Fiat 1735 Gardner Lane PO Box 100 Corydon, IN 47112 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. John Jones Chrysler Dodge Jeep Fiat Police Department - 2025 Appropriation #1110 44-650.01 Fund; P.O. #117963 Contract Not To Exceed $132,946.50 5 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through the satisfactory completion of services and/or delivery and acceptance of goods contracted for herein. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. John Jones Chrysler Dodge Jeep Fiat Police Department - 2025 Appropriation #1110 44-650.01 Fund; P.O. #117963 Contract Not To Exceed $132,946.50 6 28.ADVICE OF COUNSEL:The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtainlegal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into samefreely, voluntarily, and without any duress, undue influence or coercion. 29.ENTIRE AGREEMENT:This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entireagreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oralor written representations and agreements regarding same. Notwithstanding any other term or condition setforth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibitattached to this Agreement or in any document referenced herein conflicts with any term or condition containedin this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreementmay only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA John Jones Chrysler Dodge Jeep Fiat by and through its Board of Public Works and Safety By: By: Laura Campbell, Presiding Officer Authorized Signature Date: Printed Name James Barlow, Member Date: Title Alan Potasnik, Member FID/TIN: Date: ATTEST: Date: Jacob Quinn, Clerk Date: Tim R. Troyer Law Enforcement Sales 7/22/2025 80-0758003 Exhibit A Page 1 of 6 Exhibit A Page 2 of 6 Exhibit A Page 3 of 6 Exhibit A Page 4 of 6 Exhibit A Page 5 of 6 Exhibit A Page 6 of 6 EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Commercial General Liability (Occurrence Basis), Bodily Injury, Personal Injury, Property Damage, Contractual Liability, Products-Completed Operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Limit: Each Occurrence Limit: Damage to Premises: Fire Damage (any one fire): Medical Expense Limit (any one person): Statutory Limits $500,000 each employee $500,000 each accident $1,000,000 policy limit $2,000,000 $1,000,000 $500,000 $1,000,000 $100,000 each occurrence $250,000 each occurrence $10,000 Auto Liability (owned, hired, and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella/Excess Liability Each Occurrence: Aggregate: Maximum deductible: $1,000,000 each accident $1,000,000 each accident $1,000,000 $1,000,000 $1,000,000 $10,000 John Jones Police Pursuit Vehicles Law Enforcment Sales 22nd July 25 Tim R. Troyer Tim R. Troyer CzTfshfzHsfdivlijobu9;62bn-Kvm41-3136 CHAConsulting, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118041 Contract NotToExceed $708,775.00 SECTION 3 CITY'SRESPONSIBILITIES 3.1 City shall provide such information asisreasonably necessary forProfessional tounderstand theServices requested. 3.2 City shallprovide alldata required forprovision ofServices. Professional mayassume that alldata soprovided iscorrect and complete and isentitled torelyonsame without re-verification. 3.3. Cityshall arrange forProfessional toenter upon public andprivate property asreasonably required for Professional toperform theServices. 3.4 City shall designate payment oftheServices fromCitybudget appropriation number 2200 044-628.712024 Bond fund. 3.5 Cityshall designate theMayor ortheir duly authorized representative toactonCity’sbehalf onallmatters regarding theServices. SECTION 4 PROFESSIONAL'SRESPONSIBILITIES 4.1 Professional shallperform the Services pursuant totheterms ofthisAgreement andwithin any applicable time and cost estimate. 4.2 Professional shall coordinate with Cityitsperformance oftheServices. 4.3 Professional shallprovide theServices byperforming suchServices with thatdegree ofcare andskillordinarily used bymembers ofProfessional’sprofession practicing under similar conditions atthesame time and inthe same locally. SECTION 5 COMPENSATION 5.1 Professional estimates thatthetotal price for theServices tobeprovided toCityhereunder shallbenomore than Seven Hundred Eight Thousand Seven Hundred Seventy Five Dollars ($708,775.00) (the “Estimate”). Professional shall submit an invoice toCitynomorethan once every thirty (30) days forServices provided City during thetime period encompassed bysuchinvoice. Invoices shall besubmitted onaformcontaining the same information as that contained onthe Professional Services Invoice attached hereto asExhibit B, incorporated herein bythisreference. City shallpay Professional forallundisputed Services rendered and stated onsuchinvoice within thirty five (35) days fromthe dateofCity’sreceipt ofsame. 5.2 Professional agrees nottoprovide anyServices toCitythatwould cause thetotalcost ofsametoexceed the Estimate, without City’spriorwritten consent. 2 CHAConsulting, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118041 Contract NotToExceed $708,775.00 SECTION 6 TERM Unless otherwise terminated inaccordance withthetermination provisions set forth inSection 7.1hereinbelow, thisAgreement shall beineffect fromtheEffective Date through thecompletion ofservices asdescribed in this Agreement. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity orProfessional, without cause, upon thirty (30) days’ notice. 7.1.2 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity, forcause, immediately upon Professional’sreceipt ofCity’s “Notice toCease Services.” 7.1.3 Intheevent offullorpartial Agreement termination, and asfullandcomplete compensation hereunder, Professional shallbepaid forallsuch Services rendered andexpenses incurred asofthe dateoftermination that arenot indispute, except thatsuch payment amount shall notexceed the Estimate. Disputed compensation amounts shall beresolved asallowed bylaw. 7.2 Binding Effect CityandProfessional, andtheir respective officers, officials, agents, partners and successors ininterest are bound totheother astoallAgreement terms, conditions andobligations. 7.3 NoThird Party Beneficiaries Nothing contained herein shall beconstrued togiverights orbenefits toanyone other than theparties hereto. 7.4 Relationship Therelationship ofthe parties hereto shall be asprovided for inthis Agreement, and neither Professional nor anyofitsagents, employees orcontractors areCity employees. Professional shall have thesole responsibility topay toorforitsagents, employees and contractors allstatutory, contractual andother benefits and/or obligations asthey become due. Professional hereby warrants andindemnifies Cityforand fromany andall costs, fees, expenses and/ordamages incurred by City asaresult ofany claim forwages, benefits orotherwise byany agent, employee orcontractor ofProfessional regarding orrelated tothesubject matter ofthis Agreement. This indemnification obligation shall survive thetermination ofthisAgreement. 7.5 Insurance 7.5.1 Professional shall, as acondition precedent tothisAgreement, purchase and thereafter maintain such insurance aswill protect itand Cityfromthe claims set forth below which mayarise out oforresultfrom Professional'soperations under thisAgreement, whether such operations bebyProfessional orbyits subcontractors orbyanyone directly orindirectly employed byanyofthem, orbyanyone directly forwhose 3 CHAConsulting, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118041 Contract NotToExceed $708,775.00 acts anyofthem may be liable: 1) Claims under Worker'sCompensation and Occupational Disease Acts, andanyother employee benefits actsapplicable tothe performance ofthe work; 2) Claims for damages because ofbodily injury and personal injury, including death, and; 3) Claims fordamages toproperty. Professional'sinsurance shall benotlessthantheamounts 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 toRented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal andAdvertising 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 andaggregate) D. Worker'sCompensation & Disability Statutory E. Employer’sLiability: Bodily Injury byAccident/Disease: $100,000eachemployee Bodily Injury byAccident/Disease: $250,000eachaccident Bodily Injury byAccident/Disease: $500,000 policylimit 4 CHAConsulting, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118041 Contract NotToExceed $708,775.00 F. Professional Liability Insurance. TheProfessional shall carryand maintain during the continuance ofthis Agreement, professional liability insurance inthe amount of 2,000,000forsingle limitclaims and $3,000,000 inthe aggregate. The Professional's policy ofinsurance shall contain prioracts coverage sufficient tocover allServices performed bythe Professional forthisProject. Upon City'srequest, Professional shall giveprompt written notice toCity ofany and allclaims made against this policy during the period inwhich this policy isrequired tobemaintained pursuant tothisAgreement. Iftheinsurance iswritten onaclaims-made basis and coverage iscancelled atany time, theProfessional willobtain, atitscost, anextended reporting endorsement which provides continuing coverage forclaims based upon alleged actsoromissions during the term ofthe Agreement untilallapplicable statute oflimitation periods have expired. 7.5.2 Professional shall provide theCity with acertificate ofinsurance, naming theCity asan additional insured," except forProfessional Liability andWorkers’ Compensation policies showing suchcoverage then inforce (butnotless than theamount shown above) shall befiled with Cityprior tocommencement ofanywork. These certificates shall contain aprovision that thepolicies and the coverage afforded willnotbecanceled untilatleast thirty (30) days afterwritten notice hasbeen given toCity. 7.5.3 Professional may, withtheprior approval ofthe City, substitute different types ofcoverage for those specified if thetotal amount ofrequired protection isnot reduced. Professional shall be responsible foralldeductibles. 7.5.4Nothing intheabove provisions shall operate as orbeconstrued as limiting theamount ofliability ofProfessional tothe above enumerated amounts. 7.6 Liens Professional shall notcause orpermit the filing ofanylienonanyofCity’sproperty. Inthe event such alien is filed andProfessional fails to remove itwithin ten (10) days afterthe date offiling, Cityshallhave therightto payorbondoversuch lienatProfessional’ssole costandexpense. 7.7 Default Intheevent Professional: (a) repudiates, materially breaches ordefaults under any ofthe terms orconditions ofthisAgreement, including Professional’swarranties; (b) failstoperform the Services as specified; (c) fails to make progress soas toendanger timely and proper completion oftheServices anddoes not correct such failure orbreach within five (5) business days after receipt ofnotice from Cityspecifying same; or (d) becomes insolvent, files, orhas filedagainst it, apetition for receivership, makes ageneral assignment for the benefit of creditors ordissolves, eachsuch event constituting anevent ofdefault hereunder, Cityshall have the rightto terminate allorany part ofthisAgreement, without liability toProfessional (except forpayment forServices properly performed prior totermination) andtoexercise any other rights orremedies available toitatlaworin equity. 5 CHAConsulting, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118041 Contract NotToExceed $708,775.00 7.8 Government Compliance Professional agrees tocomply with alllaws, executive orders, rules andregulations applicable toProfessional’s performance ofitsobligations under thisAgreement, allrelevant provisions ofwhich being hereby incorporated herein bythisreference, tokeep allofProfessionals’ required professional licenses and certifications valid and current, andtoindemnify and hold harmless Cityfrom any andalllosses, damages, costs, liabilities, damages, costs andattorney fees resulting from anyfailure byProfessional todo so. This indemnification obligation shall survive thetermination ofthis Agreement. 7.9 Indemnification Professional shall indemnify and holdharmless Cityand itsofficers, officials andemployees from alllosses, liabilities, claims, judgments and liens, including, butnot limited to, alldamages, costs, expenses and reasonable attorney feesthat City isobligated topayas aresult ofathird-party claim, butonlytothe extent resulting from thenegligent actoromission ofProfessional and/orany ofitsemployees, agents orcontractors intheperformance ofthisAgreement. Thisindemnification obligation shallsurvive thetermination ofthis Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that itand each ofitsemployees, agents andcontractors shall comply withallexisting and future laws prohibiting discrimination against anyemployee, applicant foremployment and/orother person inthesubcontracting ofworkand/orintheperformance ofany Services contemplated by thisAgreement with respect tohire, tenure, terms, conditions orprivileges ofemployment orany matter directly orindirectly related toemployment, subcontracting orwork performance hereunder because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status orVietnam eraveteran status. This indemnification obligation shall survive thetermination ofthis Agreement. 7.11 E-Verify Pursuant toI.C. § 22-5-1.7etseq., Professional shall enroll inandverify thework eligibility status ofallof its newly-hired employees using the E-Verify program, ifithasnotalready done soasofthedate ofthis Agreement. Professional isfurther required toexecute the attached Affidavit, herein referred toasExhibit C, which isanAffidavit affirming that: (i) Professional isenrolled and isparticipating inthe E-Verify program, and ii) Professional does notknowingly employ any unauthorized aliens. This Addendum incorporates by reference, andinitsentirety, attached Exhibit C. Insupport oftheAffidavit, Professional shall provide theCity withdocumentation thatithas enrolled andisparticipating inthe E-Verify program. ThisAgreement shall not take effect untilsaidAffidavit issigned byProfessional and delivered tothe City’sauthorized representative. Should Professional subcontract forthe performance ofany work under this Addendum, the Professional shall require anysubcontractor(s) tocertify byaffidavit that: (i) the subcontractor does not knowingly employ orcontract with anyunauthorized aliens, and (ii) the subcontractor hasenrolled and is participating inthe E-Verify program. Professional shall maintain acopy ofsuch certification fortheduration of theterm ofany subcontract. Professional shallalsodeliver acopy ofthe certification tothe City within seven 7) daysoftheeffective date ofthe subcontract. If Professional, orany subcontractor ofProfessional, knowingly employs orcontracts with any unauthorized aliens, orretains anemployee orcontract with aperson thatthe Professional orsubcontractor 6 CHAConsulting, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118041 Contract NotToExceed $708,775.00 subsequently learns isanunauthorized alien, Professional shall terminate theemployment oforcontract with theunauthorized alien within thirty (30) days (“Cure Period”). Should the Professional oranysubcontractor of Professional failtocure within the Cure Period, theCity hastheright toterminate this Agreement without consequence. TheE-Verify requirements ofthisAgreement will notapply, should theE-Verify program ceasetoexist. 7.12 Severability Ifany provision ofthisAgreement isheldtobeinvalid, illegal orunenforceable byacourt ofcompetent jurisdiction, thatprovision shallbestricken, andallother provisions ofthisAgreement thatcanoperate independently ofsame shall continue infullforce and effect. 7.13 Notice Anynotice, invoice, order orother correspondence required orallowed tobesent pursuant tothis Agreement shall bewritten and either hand-delivered orsentbyprepaid U.S. certified mail, return receipt requested, addressed tothe parties asfollows: CITY: CityofCarmel CityofCarmel Engineering Department Office ofCorporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 PROFESSIONAL: CHA Consulting, Inc. 3Winners Circle Albany, New York 12205 Notwithstanding the above, City may orally provide toProfessional any notice required orpermitted bythis Agreement, provided that such notice shall also then besent asrequired by thisparagraph within ten (10) business daysfrom thedate ofsuch oralnotice. 7.14 Effective Date Theeffective date (“Effective Date”) ofthisAgreement shallbethedate onwhich the lastoftheparties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shallbe governed byandconstrued inaccordance with the laws oftheState ofIndiana, except foritsconflict oflaws provisions, aswell asbyallordinances and codes ofthe City ofCarmel, Indiana. The 7 CHAConsulting, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118041 Contract NotToExceed $708,775.00 parties agree that, inthe event alawsuit isfiled hereunder, they waive any right toajury trialtheymay have, agree tofile such lawsuit inan appropriate court inHamilton County, Indiana only, and agree that such court istheappropriate venue forandhas jurisdiction over same. 7.16 Waiver Anydelay orinaction onthepart ofeither party inexercising orpursuing itsrights and/orremedies hereunder orunder law shall notoperate towaive any such rights and/orremedies nor inanyway affect therights ofsuch partytorequire suchperformance atany time thereafter. 7.17 Non-Assignment Professional shall notassign orpledge thisAgreement nor delegate itsobligations hereunder without City’s priorwritten consent. 7.18 Entire Agreement ThisAgreement contains theentire agreement of andbetween theparties hereto with respect tothe subject matter hereof, and noprioragreement, understanding orrepresentation pertaining tosuch subject matter, written ororal, shall beeffective forany purpose. No provision ofthisAgreement may beamended, added to orsubtracted fromexcept byanagreement inwriting signed by both parties hereto and/ortheir respective successors ininterest. Totheextent anyprovision contained inthis Agreement conflicts with any provision contained inanyexhibit attached hereto, theprovision contained inthisAgreement shallprevail. 7.19 Representation and Warranties Each party hereto represents andwarrants thatitisauthorized toenter intothis Agreement andthat any person orentity executing thisAgreement onbehalf ofsuch party has the authority tobind suchparty ortheparty which theyrepresent, asthecase maybe. 7.20 Headings Allheadings andsections ofthisAgreement areinserted forconvenience only and donotform apart ofthis Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof. 7.21 Advice ofCounsel The parties warrant that they haveread thisAgreement and fullyunderstand it, have hadanopportunity to obtain theadvice andassistance ofcounsel throughout the negotiation ofsame, andenter intosame freely, voluntarily, and without any duress, undue influence orcoercion. 7.22 Copyright City acknowledges that various materials which may beused and/orgenerated byProfessional inperformance ofServices, including forms, jobdescription formats, comprehensive position questionnaire, compensation and classification planandreports are copyrighted. Cityagrees that allownership rights and copyrights thereto lie 8 CHAConsulting, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118041 Contract NotToExceed $708,775.00 with Professional, andCity willuse them solely forand on behalf ofits own operations. City agrees thatitwill take appropriate action withitsemployees tosatisfy itsobligations withrespect touse, copying, protection and security ofProfessional’sproperty. 7.23 Personnel Professional represents thatithas, orwill secure atitsownexpense, allpersonnel required inperforming the services under thisagreement. Such personnel shall not beemployees of orhave anycontractual relationship withCity. Alloftheservices required hereunder willbeperformed byProfessional orunder hissupervision and allpersonnel engaged intheworkshall befullyqualified toperform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect toallmatters covered under thisagreement forthree (3) years after the expiration orearly termination ofthisAgreement. City shall have freeaccess atall proper times tosuch records andthe righttoexamine and audit the same and tomake transcripts there from, and toinspect allprogram data, documents, proceedings andactivities. 7.25 Accomplishment ofProject Professional shall commence, carry on, andcomplete theproject with all practicable dispatch, inasound economical and efficient manner, inaccordance with theprovisions thereof andallapplicable laws. In accomplishing theproject, Professional shall take such steps asareappropriate toensure that thework involved isproperly coordinated withrelated work being carried onwithin City’sorganization. 7.26 Debarment And Suspension 7.26.1 TheProfessional certifies byentering intothisAgreement thatneither itnor itsprincipals noranyofits subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded fromentering into thisAgreement byanyfederal agency orbyany department, agency orpolitical subdivision oftheState ofIndiana. Theterm “principal” for purposes ofthisAgreement means anofficer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe Professional. 7.26.2 The Professional certifies thatithasverified thestate and federal suspension anddebarment status for allsubcontractors receiving funds under thisAgreement and shall besolely responsible forany recoupment, penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The Professional shall immediately notify theCity ifanysubcontractor becomes debarred orsuspended, andshall, attheCity’s request, take allsteps required bytheCity toterminate itscontractual relationship withthe subcontractor for worktobeperformed under this Agreement. 7.27 Access toPublic Records Act Professional understands andagrees thatany “publicrecord”, as that term isdefined inIndiana Code 5-14-3- 2(m), as amended, that isrelated tothesubject matter ofthisAgreement, whether thesame isinthe possession or control oftheProfessional ortheCity, shall be subject torelease under and pursuant tothe provisions ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, et seq., as 9 Travis Kohl Sr. ProjectManager 16-0966259 July29, 2025 July22, 2025 BradleyPease CityEngineer CityofCarmel OneCivicSquare Carmel, IN46032 RE: Scope andfeeproposal; 141standShelbourne Road Roundabout DearMr. Pease: Pleaseconsider thisscopeandfeeproposalforprojectdevelopment engineering services. Please findscopeandfeefortherequest attached. CHA appreciates thecontinued opportunity toworkwithCityofCarmel. Sincerely, Travis Kohl Sr. ProjectManager cc: AndyHahn, CHAMarket SegmentLeader Scope ofServices Introduction Thisproposaloutlinestheengineeringservicesrequiredtocompleteplansforintersectionimprovementsat 141stStreetandShelborneRoadintheWestNeighborhoodsareawithintheCityofCarmel. The141stStreetcorridorinthisareaisdesignatedasalocalroad, ascategorizedintheCarmel ComprehensivePlan, andisclassifiedasalocalroadbyfunctionalclassification. TheShelborneRoadcorridor intheareaoftheintersectionisdesignatedasaboulevardandconservationcorridoraccordingtotheplanand isclassifiedasamajorcollectorbyfunctionalclassification. Theprojectproposestheconstructionofaroundaboutcenteredattheexistingintersection. Itwillalsoinclude amulti-usepathalongbothsidesof141stStreetandalongShelborneRoad, transitioningfromthewestside andconnectingtotheeastside. EngineeringdesignwillfollowtheCityofCarmelÓsengineeringanddesignstandards. Forthedevelopmentof thisscopeandfee, right-of-wayacquisitionwillbeperformedbytheCityofCarmel. Constructioninspection serviceswillbeamendedatthediscretionoftheCityofCarmelatalaterdate. Thefollowingtasksandserviceshavebeenidentifiedforthisproject. ProjectManagement Objective ThepurposeofthissectionistoprovideforpropermanagementofthePROJECT. Results/Deliverables Schedule Designcoordinationandadministrationofcontract. Meetingcoordination, preparation, agendas, minutes Managementofdesignteam Monthlyprojectprogressreports Coordination TheCONSULTANTshalldirectallprojectadministrationthroughCityÓsProjectManagerregardingcontractual, communication, designissuesandcompensation-relatedissues. Activity ProjectAdministration: TheCONSULTANTshallprepareandperiodicallyupdateaprojectscheduleasnecessary. This scheduleshallguidethedesignandconstructionprocess. TheCONSULTANTshallprovidecoordinationandsharingofelectronicfilesamongCity, impacted stakeholdersandthedesignteam. TheCONSULTANTshallfacilitateakick-offmeetingwiththeClientandkeymembersofthedesign teamtodiscussthescope, schedule, andnecessaryprojectmanagementinformationinorderto managethejob. TheCONSULTANTshallcontinuetomaintainaprojectfileandcontactlist. TheCONSULTANTshallprepareanddistributemeetingsminuteswithinone (1) weekofmeetings. Meetings: PreparationofMeetingMaterials - TheCONSULTANTshallcoordinateallmeetingswiththeClient andprepareallmeetingmaterials. DesignDevelopment & CoordinationMeetingsÎTheCONSULTANTisexpectedtofacilitateupto twentydesigndevelopmentandcoordinationmeetingswiththedesignteamandCity. Thepurposeof thesemeetingsistoreviewtheproposeddesignand, throughthesemeetings, cometoconclusionof whatdesignelementsshallbeimplementedwithintheprojectlimits. Thesemeetingsareexpectedto occuronamonthlybasis, withbreakswhendesignactivitydoesnotwarrantameeting. InternalMeetingsÎTheCONSULTANTisexpectedtoholduptothirtymeetingsbetweenthe CONSULTANTandkeymembersofthedesignteamtoensureexecutionoftheprojectisadvancing onscheduleandachievingthetaskobjectivessetoutinthecontractscope. TheCONSULTANTshallpreparesub-contractagreementsasappropriateandmanagethedesign teambymonitoringtheirdeliverablesandprogress. TheCONSULTANTshallpreparemonthlyprogressreports. Themonthlyprogressreportsshall summarizeactivitiescompleted, upcomingactivities, anticipatedcompletiondatesandoutstanding issues. Anestimatedtwenty-fourstatusreportsareincludedinthescope. Assumptions Meetingsaregenerallyexpectedtobenolongerthan1hourlong. Meetingsareexpectedtobeheldvirtually ItemsSpecificallyNotIncluded Noprintedmaterialswillbeprovided Detailedminuteswillonlybeprovidedforkeystakeholdermeetings, notforallinternalorad-hocsessions EnvironmentalCoordinationandPermitting Theobjectiveofthissectionistocompletecoordinationandsubmitpermitapplicationsasdescribedbelow. ConstructionStormwaterGeneralPermit Theprojectisanticipatedtodisturbmorethanoneacreofsoil. AStormwaterPollution PreventionPlanandNoticeofIntentwillbepreparedandsubmittedtotheCountySWCDorMS4 forreview. ApublicnoticewillbepublishedintheappropriatelocalpaperbyCONSULTANT. CONSULTANTwillsubmitthepackagetoIDEMontheRegulatoryePortalforapproval. Deliverables ConstructionStormwaterGeneralPermit Assumptions NoFederalorStateFundingwillbeusedfortheproject. NoSection106investigationswillberequired. Nohazardousmaterialinvestigationswillberequired. Nowetlandorwaterwayinvestigationswillberequired. NoSection401/404orConstructioninaFloodwaypermitswillberequired. Theerosioncontrolplanswillbedevelopedunderaseparatetaskinthiscontract. ItemsSpecificallyNotIncluded PreparationofEnvironmentalDocumentation (CategoricalExclusion, EnvironmentalAssessment, orEnvironmentalImpactStatement) Section106studiesanddocumentation (i.e. Archaeologicalinvestigations, historicproperties reports, 800.11documentation, consultingpartycoordination, memorandumofagreement) RedFlagInvestigations PhaseIorIIEnvironmentalSiteAssessments WetlandorWaterwayInvestigations CommunityAdvisoryCommitteeMeetings ResourcesSpecificCumulativeImpactsAnalysis CarbonMonoxide/Particulatematter2.5hotspotanalysis MSATAnalysis (level3, 4, or5) Section4(f) analysis Section6(f) AsbestosInspections ConceptualStageRelocationStudy / BusinessNeedsSurvey PublicInformationMeetingswillbedevelopedunderaseparatetaskinthiscontract. PublicHearings Section401Permits Section404Permits ConstructioninaFloodwayPermits CountyDrainPermits StreamandWetlandMitigation HydraulicModeling Floodway/Floodplainmodeling Anychangestothescopeafterdocumentation/fieldworkhasbeeninitiatedand/orcompletedmayrequire asupplementalfee. TopographicSurvey Objective Thescopeofworkincludesprofessionalservicesrequiredfortopographicsurveyandpreparationofa stlocationcontrolroutesurveyplatfordesignofaroundaboutattheintersectionof141andShelborne RoadinCarmel, Indiana. Thelimitsofsurveyaresevenhundredfeetineachdirectionfromthe intersection. Thesurveyshallbesixtyfeeteachsideofthecenterlines. AtwohundredÓby200Óarea centeredattheintersectionwillbethelimitsattheintersection. Thelimitsofsurveydescribedarebased onaKMZfileprovidedbythedesigner; saidKMZisincorporatedandmadeparthereofbyreference. BasedontheKMZ, thesurveylimitsareintendedtobeaminimumof15Óoutsidetheproposedmulti-use pathlocationsandextend200Óineachdirectionfromtheproposedroadwayconnectionstoexisting pavement. Responsibilities/Deliverables LocationControlRouteSurveyPlat (LCRSP) SurveyProjectFieldBook CADfilesfortopographicsurvey, alignmentandRW/PLs. Activity TopographicSurveyDataCollection Researchincludingthelastdeedofrecordforadjoiningowners, oldroadplans, right-of-waygrants, sectioncornerinformation, taxcards, subdivisionplats, auditorÓsmaps, benchmarkinformation, regulateddraininformation, utilitymaps, recordedsurveys, etc. Locateallcenterlinemonuments, sectioncornersorpropertycornerstodeterminethecenterline alignmentandexistingright-of-way. UseGPSandconventionalradialsurveymethodstolocateallsectioncorners, property, and centerlinemonumentation. HorizontaldatumshallbetheIndianaGeospatialCoordinateSystem forthesubjectprojectÓsCountyfromGPSobservationsusingINDOTÓsContinuouslyOperating ReferenceSystem (InCORS). Runalevelcircuittoestablishprojectverticaldata. VerticaldatumshallbeonNAVD88datumand maybederivedfromGPSobservationsusingINDOTÓsContinuouslyOperatingReferenceSystem InCORS). Projectbenchmarks (TBMs) shallbesetatintervalsthatdonotexceed1/4mile minimumof3) withdescriptionsandelevationsshowntothenearest0.01Óinthefieldbook. Performdesignsurveyinsufficientdetailtoobtaintopographicdata, utilities, buildings, walls, walks, signs, vaults, andnaturalandman-madefeatures, asevidencedbyfacilitiesatthegroundsurface andmarksbyothers, necessaryforthedevelopmentofprojectplans. Cross-sectiondatawillbeobtainedat50-foot (approximate) intervals, plus "breaks" intheground line. Cross-sectiondatawillvaryalongSR26asdescribedabove. Streamcross-sectionsshallbeobtainedattheup/downstreamfaceoftheexistingstructureand 75feetup/downstreamoftheexistingstructure. Obtainspotelevationdataalongdrainageditches, swales, pipes, culverts, andstructuresthat directlyaffecttheproject, includinginvertelevationatallup/downstreampipeswithinthecorridor limits. Utilitieswillbeshownbasedonvisibleabovegroundevidenceand811locatesonly. Underground utilitymarkingsareprovidedbyathirdparty; therefore, SJCAwillassumenoliabilityforincorrect orincompleteutilitymarkings. SJCAwillmakeeveryattempttoobtainutilitymakingsduringthe courseofthesurvey, however, cannotguaranteefieldmarkingswillbecompletedduringthecourse ofthesurvey. ShowperimeteroutlineonlyofthicklywoodedareasunlessotherwisenegotiatedbySJCAand Client. (i.e. individualtreeswithinwoodedareaswillnotbelocated). DownloadthedataandcompleteCADdrawingsofplanimetricfeaturesaswellastopographic featuresincludingthecreationofadigitalterrainmodelandcontours. Determinationofthecenterlinesofroadsbasedonoldplans, monuments, andbestfieldevidence available. Determinationofallsectionlines, apparentexistingright-of-waylinesandlegaldraineasement linescrossingtheprojectandapparentpropertylinesperdeedsandplattedsubdivisionsbasedon physicalevidenceandbestavailablerecordinformation. Setandreferencecontrolpointsforusebythecontractorduringtheconstructionphaseofthe project. PreparationofasurveyfieldbookpercurrentINDOTstandardsincludingasketchofanelevation viewofthebridge. DeliveryofallfilesascurrentlyrequiredbytheIndianaDesignManualCADfilesshallbedelivered inMicroStation .dgnformat. AllworkwillbecompletedinaccordancewiththecurrentIndianaDesignManual; IC25-21.5and IAC865. Whereconflictsexistthemorestringentwillapply. NoticeofSurveyletterswillbemailedtoadjacentpropertyownerspriortoenteringuponpersonal property. LocationControlRouteSurveyPlat DevelopaLocationControlRouteSurveyplatincludingretracementorestablishmentofallcontrol, baselines, rightofway, propertylinesandsectionlinesandcornersreasonablyaccessibleand necessaryforthecompletionofaLocationControlRouteSurveyinaccordancewithIAC865and theIndianaDesignManual. RecordlocationcontrolroutesurveyplatintheOfficeoftheRecorderforwhicheachcountyin whichtheprojectlies. Assumptions Assumesutilitieswillbemarkedby811markingserviceandobtainedduringthecourseofthe initialfieldefforts. Additionalfieldvisitstolocateutilitiesaftercompletionoftheinitialfieldefforts arenotincludedandwillrequireasupplementalagreement. Assumes6.1TopographicSurveyDataCollectionand6.3LocationControlRouteSurveyplatwill bothberequiredfortheproject. Assumeslocationofgeotechnicalboringswillnotberequired. ItemsSpecificallyNotIncluded SurveybeyondtheprojectlimitsdefinedhereinandshownontheattachedExhibit1. Utilitydepths Locationofsepticfieldsand/orotherbelowgroundappurtenancessuchasdrainagetiles, gutter drainsetc. Right-of-WayPlanDevelopment Objective stThescopeofworkincludesprofessionalservicesrequiredforthecompletionofaroundaboutat141and ShelborneRoadinCarmel, Indiana. BasedonareviewofGISinformationandtheanticipatedrightof wayneedsofthisprojectitisassumedthat8parcelsmaybeneededtocompletethisproject. Dueto unknowns, atemporary-onlyparcelwasincluded. Responsibilities/Deliverables T&EReports Right-of-WayEngineering FinalRWPlans Coordination TheConsultantwilldirectprojectcommunicationsthroughtheOwnerregardingcoordination, contractual, design, andcompensation-relatedissues. Activity Right-of-WayEngineering DevelopR/WEngineeringPlans. oPreparedescriptionsforallpermanentandtemporaryrightofwaytakings - Exhibit ÐAÑ. oPrepareparcelplatsforallpermanentrightofwaytakings - ExhibitÐBÑ. oCalculateandprovideCOGOworksheetsforallparcels. oDevelopareacomputationsheetsforallparcels. oProvideRERMemoÓsifrequired. oProvideparcelclosurecomputations. oDevelopparcelnarrativesdescribingparcelplacementandexistingrightofway determinations. RightofWayStaking Performthefollowingscopeofservicesforrightofwaystakingtasks: oStakeTemporaryandProposedRightofWaybasedontheplansprovidedforeach oftheparcelsrequested. oDiscrepanciesnotedbetweentheplansandrightofwayparcelplatshallbebrought totheattentionoftheclient. oAllRWbreakpointsthatfalloutsideofpavementshallbesetbyplacingaMAG-nail underawoodenhub; thewoodenhubshallbeleftprotruding4Ñifindirtand1Ñifset inlawnarea. MAGnailshallbeplacedunderhubtofacilitaterecoveryifthehubis inadvertentlyremovedordestroyed. Locationsofwoodenhubsshallbemarkedwith a48Ñwoodenlathnotmorethan6Ñfromthelocationofthehub. oAllrightofwaybreakpointsfallinginpavedareashallbesetwithaMAGnailor similarmarkerdrivenflushwithpavementandencircledwithmarkingpaintandthe stationandoffsetmarked. oAllpropertylineintersections (PL/PL) orpropertylinerightofwayintersections PL/RW) shallbesetusingawoodenlath48Ñinlength. oAllpointssetshallbemarkedwithalathwithribbonandthestation/offsetwrittenon thelath. oAllprivatesignsshallbelocatedandshowninthesigninventory. Thesignpermit numbershallbeincludedwiththesignlocation, ifnosignpermitidentificationnumber isnotedthesigninventoryshallstateso. Ifthesignisnotshownontherightofway plans, therightofwayplansshallberevisedtoshowthesignorsignsasneeded. Signlocationshallbedeterminedasthefootprintoftheoverheadsignincludingany catwalks, lightsorotherappurtenances. Signinventoryshallincludestation/offsetof signfootprint, signpermitnumbersigndescriptionincludingtypeofsignand advertisement, ownerinfoetc. oAllencroachmentsnotshownontherightofwayplansshallbelocatedandaddedto therightofwayplansasnecessary. oAllnewtopo (drives, buildings, curbs, sidewalksetc.) shallbelocatedandaddedto therightofwayplans. ACADfileofthenewtopofeaturesshallbesubmittedtothe designeralongwiththerevisedrightorwayplansnotingtheimprovements. oUnlessotherwisespecifiedstakingshallbelimitedtoareasshownontheplansas ProposedPermanentRightofWay, TemporaryRightofWay, orPerpetualHighway Easementandshallnotincludestakingofexistingrightsofwayoutsidetheproposed parceltakings. TitleResearch: oPREPARATIONOFTITLEANDENCUMBRANCEREPORTSÎPERMANENT RIGHT-OF-WAY COVERSHEET TheTITLEANDENCUMBRANCEREPORTcoversheetshallfollow theformatshownbelow. ThecoversheetofeachTitleandEncumbranceReportshallbe identifiedwiththeProjectNumber, County, PoliticalTownship, RW CodeNumber, ParcelNumber, RoadNumber, Des. Numberandthe nameofthepresumptivefeeownerasshownontheright-of-way plans. Abrieflegaldescriptionshallbeprovided, includingthequarter sectionorsubdivisionlotnumber, sectionnumber, townshipand rangenumbers (includingdirection), theacreage (unlessin subdivision), andtheassessedvaluesofthelandandimprovements. Therecordowner(s), asofthecertificationdate, shallbeidentifiedas shownintheinstrumentvestingtitleinthem. Theaddressoftherecord owner(s) andrecordinginformationshallalsobeprovided. Activemortgagesshallbeshownonthecoversheet. Ifmultiple mortgagesareactive, anotemaybeusedtodirectthereaderÓs attentiontothechainoftitle. Judgments, easementsandtaxinformationshallbeidentifiedbythe applicableentrynumbersfromthechainoftitle. Thestatusofthe taxesshallbenotedonthecoversheet. Thecoversheetshallincludethecertificationstatementshownbelow. Theconsultantperformingthesearchshallsignanddatethecover sheet. CAPTION Page2shallbeginwiththeidentificationofthepropertycoveredby theTitleandEncumbranceReport, hereinafterreferredtoasthe caption. Thecaptionshallbeidentifiedbytheinstrumentnumberof theinstrumentconveyingtitletothecurrentfeeowner. Sell-offsshall beidentifiedinthesamemanner. SeeSectionA.4formore informationpertainingtothecaption. CONTIGUOUSPROPERTY Astatementregardingcontiguouspropertyshallfollowthecaption identification. SeeSectionA.5formoreinformationpertainingto contiguousproperty. CHAINOFTITLE Thechainoftitleshallbepresentedasentrieswhichaddress conveyancesandencumbrancesthataffectthecaptionproperty. The entriesshallbelistedchronologically, bydate, fromtheoldesttothe newest. Thechainoftitleshallbeginwiththefirstconveyanceofthecaption propertywhichfallsatleasttwentyyearspriortothedayofthesearch andprovidesanadequatelegaldescription. Eachinstrumentwhich conveysorencumbersthecaption, oraportionthereof, shallbelisted asanentryinthechainoftitle. Acopyofeachinstrumentshallbe attachedtotheTitleandEncumbranceReportandlabeledastoits respectiveentrynumberandtherecordedbookandpage (or instrument) number. Eachentryinthechainoftitlewhichconveysthecaption, oraportion thereof, shallincludethefollowinginformation: grantor, grantee, type ofconveyanceorlegalaction, andrecordinginformation. Sell-offsfromthecaptionshallbeidentifiedassuchandaccepted. A copyoftheconveyancefromtheownerofthecaptionshallbe attached. Inadditions, instrumentsreferredtointhecaption description, orrequiredtodefinethecaptiondescription, shallbe copiedandattached. Iftherealestatedescribedinthecaptionispartofasubdivision, one legiblecopyofthesubdivisionplatshallbefurnished, includingthe completemetesandboundsdescription, dedication, approvalsand certificates, etc. Onelegiblecopyofthesubdivisionplatsforother subdivisionsnamedintheinstrumentswhichconveythecaption, ora portionthereof, shallalsobefurnished. Intheeventthatthelastconveyinginstrumentcontainsanincomplete orfaultylegaldescription, theConsultantshallmakeanotetothat effect. Whenitisnecessarytousethelegaldescriptionsfromtwoormore conveyinginstrumentstoformulatethecaption, eachlegaldescription shallbegivenatractnumberforreferencepurposes. Easementsshallbefullydescribedastograntor, grantee, and completerecordinginformation. Acopyoftheinstrumentshallbe attached. Blanketeasementswhichaffecttheentirecaptionmaybe describedwithastatementtothateffect. Leases, liens, mortgages, assignmentsofrent, etc. shallbeidentified anddescribedbythesamemethodusedforeasements. Inaddition, subsequentassignmentsshallbeshown. Thetaxstatementshallbethelastentryandincludethefollowing information: thenameunderwhichtherealestateisassessed, the politicaltownship, theÐKeyÑnumber (witheachtractidentified, if applicable), theamountandcurrentstatusofthetaxes. Defectsinthechainoftitleshallbeaccompaniedbythetitle researcherÓsnoteexplainingthedefect. CONTIGUOUSPROPERTY AsearchforcontiguouspropertyisrequiredfortheCityÓsEngineering andCondemnationprocedures. Contiguouspropertyispropertythatisownedbythesameentityas thecaptionand1) hasÐunityforuseÑwiththecaptionproperty, 2) is conveyedinthecaptioninstrumentorinstruments, or3) isadjacentto thecaptionproperty. Propertyconveyedinthecaptionconveyancemustbeaccountedfor. Itiseithercontiguousproperty (requiringastatementtothateffect); hasbeensoldoff (requiringacopyoftheinstrumentofconveyance); orisbeyondaonemileradiusofthecaptionproperty (requiringa statementtothateffect). PropertythatisknowntohaveÐunityofuseÑwiththecaptionproperty shallbeshownascontiguousproperty. PropertythatisindicatedontheplanssuppliedbytheCityasbeing ownedbythesameentityasownsthecaptionpropertyshouldbe accountedforascontiguous. Astatementindicatingthatcontiguous propertyinstrumentsareattachedwillsuffice. Astatementindicatingthatnocontiguouspropertywasfoundis requiredwhennoneoftheaboveconditionshavebeenmet. NoliabilityshallbeincurredbytheConsultantregardingcontiguous property. AUDITOR/ASSESSORPLATS TheConsultantshallprovideonecopyoftheAuditorÓsorAssessorÓs plat(s), whichcoverstheprojectarea, andonecopyofanyapplicable subdivisionplat(s). GENERAL EachTitleandEncumbranceReportandtheattachmentstheretoshall besubmittedinDUPLICATE. TheConsultantagreestotestifyincourtinbehalfoftheCityontitle workpreparedunderthiscontractshouldhe/sheberequiredtodoso bytheCity. Inconsiderationforactionstakenbytheconsultant, the Citywillagreeinwritingtofeesfortestimonypriortothedatethe consultantmusttestify. TheConsultantagreestofollowacceptedprinciplesandtechniques asshownandnecessaryinterpretationofthesefurnishedbytheCity. Aparcelthatdoesnotmeetsuchrequirementsshallbefurther documentedwithoutadditionalcompensationtotheConsultant. oPREPARATIONOFTITLEANDENCUMBRANCEREPORTSÎTEMPORARY RIGHT-OF-WAY COVERSHEET ThecoversheetshallfollowtheformatasfoundinAttachmentÐ1Ñ, withthewordsÐTEMPORARYR/WÑaddedtothetitle. ThecoversheetofeachTemporaryR/WTitleandEncumbrance ReportshallbeidentifiedwiththeProjectNumber, County, Political Township, RoadNumber, andthenameofpresumptivefeeowneras shownontheright-of-wayplans. Abrieflegaldescriptionshallbeprovided, includingthequarter sectionorsubdivisionlotnumber, sectionnumber, townshipand rangenumbers (includingdirection), theacreage (unlessin subdivision) andtheassessedvaluesofthelandandimprovements. Therecordowner(s), asofthecertificationdate, shallbeidentified exactlyasshownintheinstrumentvestingtitleinthem. Theaddress oftherecordowner(s) andcompleterecordinginformationshallalso beprovided. NomortgagesearchisrequiredfortemporaryR/W. NojudgmentoreasementsearchesarerequiredfortemporaryR/W. Thestatusofthetaxesshallbenotedonthecoversheet. Thecoversheetshallincludeacertificationstatementwhichindicated thatthesearchwasabbreviatedfortemporaryR/Wpurposesonly. Theconsultantperformingthesearchshallsignanddatethecover sheet. CAPTION Page2shallbeginwiththeidentificationofthepropertycoveredby theTitleandEncumbranceReport, hereinafterreferredtoasthe caption. Thecaptionshallbeidentifiedwithinstrumentnumberofthe instrumentconveyingtitletothecurrentfeeowner. Sell-offsshallbe identifiedinthesamemanner. SeeSectionA.4formoreinformation pertainingtothecaption. CONTIGUOUSPROPERTY Astatementregardingcontiguouspropertyshallfollowthecaption identification. SeeSectionA.5formoreinformationpertainingto contiguousproperty. TAXES TheÐkeyÑnumberandcurrentstatusofthetaxesshallbenoted. Any delinquenttaxesshallbeidentified. GENERAL TheConsultantshallfurnishacopyofthedeed(s) whichconveyedthe captiontothecurrentfeeownerandanysell-offs. EachTitleandEncumbrancesReportandtheattachmentsthereto shallbesubmittedinDUPLICATE. oSUPPLEMENTALTITLEANDENCUMBRANCEREPORTS (UPDATES) Whenrequested, theConsultantshallprovidetitleworkfromthedateofthe originalTitleandEncumbranceReporttothepresentdate. TheConsultant shallprovidethefollowing, induplicate: Acoversheetwhichidentifieschangesandtheassociatedrecording documents. Inaddition, theConsultantshallnotethecurrentstatus ofthetaxes. CopiesofdocumentsrecordedsincethedateoftheoriginalTitleand EncumbranceReportwhichaffectthecaptionproperty. Assumptions Providerightofwayengineeringdocumentsforanestimated8parcelsresultinginanestimated8 legaldescriptions. AssumesPreliminaryRightofWayPlans (PRW) willbeprovidedbythedesignengineerandwill meettherequirementssetforthforsaidplansinthecurrentIndianaDesignManual. AssumesdesignengineerwillprovidecurrentCADfilesofproposeddesign, topographicbase files, PL/RWfilesandallotherpertinentfilesrelatedtoorrequiredtocreatecompleteCAD drawingsofthePRWplansnotedabove. Assumesaminimumof3parcelswillbestakedateachstakingrequest; iflessthan3parcelsare stakedperstakingrequestamobilizationfeeof $1,200shallbeincurredinadditiontotheper parcelstakingfeesetforthherein. ItemsSpecificallyNotIncluded LandAcquisitionServicesand/orProjectManagementforLandAcquisition. GeotechnicalEngineering Weanticipatethattheproposedfieldworkwillbecompletedwithinone (1) workday. Ourscopeofworkwillbe ingeneralaccordancewiththedrillingprogramsummarizedasfollows: AnS&MErepresentativewillvisitthesitetomarkboringlocationsusinghandheldGPS (sub-meter horizontalaccuracy) equipmentorbyreferencingsitefeatures. S&MEwillcontactIndiana811tomarkpublicundergroundutilitiesinthevicinityoftheboringlocations. Six (6) SPTborings (labeledRB-1toRB-6) willbecompletedforthenewproposedroundabout. One boringwillbeplannedforeachlegwithtwo (2) boringsintheexistinggrassyareaswherenew roundaboutroadwaywillbeconstructed. Boringdepthswillextendto10-feetbelowgrade. Boring locationswillbeselectedtogathersoilinformationonsubgradeaswellasforexcavationofshallow stormsewers. Atotaloffour (4) pavementcores (labeledPC-1toPC-4) willbecompletedintheexistingpavement todeterminetheexistingpavementsectionsatproposedroundaboutlegs. TemporaryMOTwillberequiredforallboringswithintheroadway. S&MEhasestimatedrequiringone flaggingcrew, withroadwayboringlocationslocatedapproximately300-feetfromtheintersection. Representative, disturbedsoilsamplesforboringswillbeattemptedcontinuouslyto6-feetbelow grade, andthereafterat2.5-feetintervalsto10-feet. Sampleswillbecollectedusinga2-inchoutside diametersplit-barrelsamplerdrivenbyblowsfroma140-poundhammerfreelyfalling30inches StandardPenetrationTestÎAASHTOT206). One (1) undisturbedShelbytubesamplewillbe collectedusingathin-walledtubeoncohesivesoils (AASHTOT207) forlaboratorytesting, ifcohesive soilsareencountered. One (1) proctorsamplewillbecollectedtoperformStandardProctortestingofsubgradematerials. Theboringswillbebackfilledwithaugercuttingsandgranularbentonite. Allboringscompletedthrough pavementwillbepatchedtogradewithcoldpatchasphalt. Groundsurfaceelevationsatboringlocationswillbeestimatedusingavailableaerialphotographyor gradingplansandhorizontallocationswillbeobtainedusingasub-meteraccuracyhand-heldGPS unitalongwithanytopographicmappinginformationprovidedbyCHAorfromreadilyavailable softwareorUSGSmapping. Alternately, ifthesiteissurveyedbyothersduringthetimeofour investigation, S&MErequeststhatthegroundsurfaceelevationsandthecoordinatesofourboring locationsbeprovidedtousforinclusioninourreport. S&MEwilldrilltheboringsusingadrillrigmountedonaTruck-, ATV-, ortrack-mountedchassis. S&MEwill supervisethedrillingoperationsandlogthesamplesastheyarerecoveredandwillperformthefollowing specificduties: 1. Recommenddrillingandsamplingproceduresdependingontheconditionsbeingencountered; 2. Visuallyidentifyrecoveredsamplesandpreparealogofeachboring; 3. Preservesoilsamplesinairtightcontainersfortransportationtoourlaboratory, and; 4. Makehand-penetrometermeasurementsinsamplesexhibitingcohesion. Laboratory Followingretrieval, theS&MEgeotechnicalengineeron-siteduringdrillingwillpreservetherecoveredsoil samplesinairtightcontainers. Therecoveredsampleswillbereturnedtoourlaboratorywhereapplicable laboratorytestswillbeperformed. Thesetestsareusedtoassesstheengineeringpropertiesofthesoil. The soilsampleswillbevisuallyclassifiedbyageotechnicalengineerinaccordancewiththeINDOTGeotechnical Manualandalsoforanapproximationoftheirstrengthandconsolidationcharacteristicsbycomparisonto existingdata. Ourrecoveredsamplesmaybesubjectedtotestingincluding, butnotlimitedto, thefollowing laboratorytests: NaturalMoistureContents (AASHTOT265) GrainSizeAnalyses (AASHTOT88) AtterbergLimitsTests (AASHTOT89/T90) LossonIgnition (OrganicContent) (AASHTOT267) StandardProctor (AASHTOT99) UnconfinedCompressionÎSoil (AASHTOT208) ResilientModulus (AASHTOT274) Report/Deliverables FieldandlaboratoryinformationwillbeincludedinaGeotechnicalExplorationreport, signedandsealedbya licensedProfessionalEngineerinthestateofIndiana. Ourreportwillgenerallyincludethefollowingitems: Descriptionsofthesiteandfieldwork; Descriptionofthegeneralsubsurfaceconditionsandgroundwaterconditionsencounteredinthe borings (i.e., existingfill, previousconstruction, expansivesoils, softorloosezones, highgroundwater table, etc.); Descriptionofexistingpavementandsubgradeconditions; Discussiononsitegeology; Resultsoflaboratorytesting; Recommendationsforsitepreparationandfillplacement, including: Recommendationsforuseofexistingmaterial. SubgradesoilparametersforPavementdesign (completedbyothers); Discussionsontreatmentofexistingfillorunsuitablesoils, ifencountered; Discussiononopenexcavationsforshallow (3- to6-ft) stormsewers, Anticipationandmanagementoftheimpactofthegroundwateronconstructionactivity, and; AnAppendixincludingavicinitymap, planofborings, subsurfaceprofiles, logsoftheborings, pavementcorereports, andlaboratorytestresults. ExcludedServices Thefollowingserviceswillnotbeincludedaspartofthiswork. ShouldtheclientdesireS&MEtoperformany oftheserviceslistedbelow, wewillprovideGuidonwithafeeestimatetomodifyourproposal. Surveyingservices. SeismicSite-SpecificResponseAnalyses (SSRA). Geophysicalservices. Designandanalysisofexistingandproposedpavements. S&MEisnotawareofcontaminatedsoilsatthesite. Duringourfieldwork, S&MEwillobservethesoil samplesandnoteanychemicalorpetroleumodors. Ifodorsaredetected, wewillterminatetheboring andbackfillwithaPortlandcementandbentoniteclaygrout. Constructionmonitoringandtesting (canbeproposedatalaterdateunderseparatecover.) Wetlandsandjurisdictionalwatersdeterminationordelineation. Re-landscapingorotherwiserestoringthesitetoitsoriginalcondition. Projectmeetings. Ifanyoftheaboveexcludedservicesarerequired, pleasecontactussothatwecanmodifythisproposal, or provideanadditionalproposal, fortheseservices. RoadDesignandPlans Objective TheCONSULTANTshallpreparecontractplansforaCityofCarmelbid, whichshallbeinaccordancewith CITYÐDesignDocumentsÐandIDMwhereapplicable. Thisincludesapplicabledrainageandtraffic elementsfortheRAB. Coordination TheCONSULTANTshallprovideprojectcoordinationnecessarytodevelopfinalplans, includingbutnot limitedto: TheCONSULTANTshallarrangeandattendsuchconferenceswithofficialsofCITYandotherinterested resources, asrequired. TheCONSULTANTshallpreparematerialsformeetingsandshallprepareand distributeminutes. Meetingsshallinclude, butshallnotbelimitedto: Deliverables Theproductsofthissectionareasfollows: Stage1plans PreliminaryFieldCheck / UtilityCoordinationmeeting, andmeetingminutes. Stage3plans FinalTracingsPackageforCitybidding. Activity TheCONSULTANTwillperformthedesignservicesdescribedasfollows: PrepareStage1 (30%) Plansanddocumentsincluding: Preliminarytypicalcrosssections. Preliminaryplan & profilesheets. Preliminaryroundaboutdesignandlayout. PreliminaryMOTforRABconstruction Preliminarysigningandmarkings Preliminarylightingdesign Preliminaryquantitycalculations. Preliminarycostestimate. Draftdesigndocumentation. SubmitRABdesignwithsupportingdocumentationtotheCITYforreview. AttendplanreviewmeetingwiththeCITY, ifrequested. PreparePreliminaryFieldCheck (40%) plansanddocumentsincluding: Incorporatepreviousreviewcomments. Updateplansanddetails. DistributePreliminaryPlansandPreliminaryFieldChecknotificationlettertokey stakeholders, utilities, andothersasidentifiedbyCity. ConductPreliminaryFieldCheck/UtilityCoordinationMeeting PrepareanddistributePreliminaryFieldCheck/UtilityCoordinationmeetingnotes. PrepareStage3 (95%) plansanddocuments, including: Incorporatepreviousreviewcomments. Finalizetypicalcrosssections. Finalizeplan & profilesheets. Finalizeroundaboutdesignandlayout. FinalizeMOTforRABconstruction. Finalizesigningandmarkings. Finalizelightingdesign. Finalizecalculations. Finalizecostestimate. Finalizedesigndocumentation. Prepareuniquespecifications Conductconstructabilityreview SubmitRABdesignwithsupportingdocumentationtotheCITYforreview. AttendplanreviewmeetingwiththeCityofCarmel, ifrequested. PrepareFinalTracingsPackageSubmissionforbidding, including: Incorporatepreviousreviewcomments. FinalTracingsPlans, signedandcertifiedbyCONSULTANT, andapprovedbytheCITY. Finalquantitycalculationsandconstructioncostestimate. Finaldesigncomputations. Theresponsibleregisteredprofessionalengineershallaffixhis/hersealtoallplans, specificationsandreports. Thecostestimateandunitpricesforconstructionshallbepreparedandshallincludeallitemsof workrequiredforthecompleteconstructionofthework, includingtemporarywork. TheCONSULTANTshallreviewthecontractbidpackageandidentifynecessarycorrectionstothe ContractAdministrationDivision. ItemsSpecificallyNotIncluded Landscapingdesign AseparatesetofRightofWayPlans Pavementdesign (CITYstandardsforUrbanCollectorwillbeused). LevelOneDesignException. Designofretainingwalls Designofsoilstabilizationmeasures Assumptions ProjectwillutilizeCITYdesignstandardsandspecifications. CITYtoprovidepavementdesign (CITYstandardsforUrbanCollectorwillbeused). AseparatesetofTrafficPlanswillnotbeprepared. AseparatesetofRightofWayPlanswillnotbeprepared. NoStage2orFinalFieldcheckmeetingwillberequired. NoformalsubmissionofplanstotheCITYwillberequiredatPreliminaryFieldCheckoutsideof normaldistributionforFieldcheckandPublicInformationmeetingasnoted. Allhydraulicanalysisanddesignwillbedoneinaccordancewiththepolicies, procedures, and criteriacontainedinthehydraulicsandhydrologyportionsoftheCityofCarmelengineeringand designstandards, IndianaDesignManualandtheHamiltonCountySurveyorÓsoffice. Itis anticipatedthatacommonsubmittalpackagewillbepreparedforreviewbythepertinentagencies. Developmentofmultiplesubmittalpackagestailoredtotherequirementsofindividualagenciesis notincluded. NoPublicInformationMeetingwillbeheld. BMPO&MManualwillnotberequired. Ornamentalsign/signal/lightingsupportinformationwillbeprovidedbytheCITY. LightingDesign CONSULTANTwilldetermineproposedstreetlightlocationsandperformaphotometricanalysisofthestreet stlightcoverageprovidedatthe141andShelborneAveintersection. Photometricanalysiswillbebasedon CarmelStandardDrawing, INDOTandAASHTOlightingdesigncriteriaanduseVISUALlightingdesign software. TheluminairesusedintheanalysiswillbetakenfromthecurrentCITYQualifiedProductslist. The CONSULTANTwillcoordinatewiththeelectricutilitycompanytopowerthestreetlights. Thelightingplanswill includethelayoutoftheproposedlightpoles, mountingheights, mastarmlengths, luminairetype, luminaire distributiontype, servicepointlocation, handholes, conduits, cabling, quantities, voltagedropcalculationsand specifications. Assumptions: stOnephotometricanalysiswillbeperformedforthe141andShelborneRd. intersection CityofCarmel StandardDecorativePoles, Luminaires, andfoundationswillbeused PolePlacementandsetbackwillfollowCityofCarmelDesignPractices. UtilityCoordination TheCONSULTANTshallperformutilitycoordinationinaccordancewiththefollowing: 1. 105IAC13UtilityFacilityRelocationsonConstructionContracts 2. IndianaDesignManual (IDM) Chapter104UtilityCoordination TheCONSULTANTshallhaveanINDOTcertifiedUtilityCoordinatoraspartoftheprojectteam. TheCONSULTANTshallhaveanINDOTcertifiedUtilityCoordinatorperformthefollowingutilitycoordination taskscoveredinIDMChapter104: 1. Presentprojectreportsnecessaryforprojectdeliverysuchasstatusreportsandriskreports. 2. Recommendworkplansforapprovalincluding, narrativeportion, relocationdrawing, costestimates andproofofpropertyinterests. 3. Recommendworkplanaddendumsforapproval. 4. LeadorfacilitatemeetingsinvolvingutilityspecificactivitiessuchasÒkick-offÓmeetings, conflict resolutionmeetingsandreimbursementeligibilitymeetings. 5. Facilitatethediscussionofcostestimates, reimbursement, reimbursablestatusoragreementswith utilitycompaniesandCITY. 6. Reviewandrecommendapprovalofutilityconsultantsandutilitycontractors. 7. Reviewandsignallrequiredletterstoutilitycompanies. 8. Prepareandsignallrequiredcontractbiddocuments. 9. Conductpostbidutilitycoordinationservices. Atthestartofaproject, theCONSULTANTshalldevelopandthereaftermaintainascheduleofactivities todelivertheproject. Thescheduleshallincludepre-bidandpost-bidutilitycoordinationactivities, including butnotlimitedtothefollowingitems: 1. ObtainfromtheCITY: A. Thetargetdatefortheroadwaytobeopentotraffic B. Thetargetdateforutilityrelocationstobecomplete. 2. Sendouttheinitialnotice. 3. Meetfacetofacewithutilitycompaniestodetermine: A. Whataretheutilityrightofwayneeds, B. Whatisthebasisforreimbursementfortheutilityfacilities, ifany, C. Whatistheestimateofcosttorelocatetheutilityfacilities, D. Whatistheutilityscheduletorelocate, ifsuchisnecessary E. Wherewouldtheutilitycompaniesrelocatetheirfacilities, ifsuchisnecessary, F. Howcanthehighwayprojectbedesignedtopotentiallyavoidtheutilities G. DotheutilitycompanieshaveelevationsfortheirfacilitiesandisSubsurface-Utility Engineering (SUE) needed. 4. Sendouttherequestforverification. 5. Sendouttherequestforconflictanalysis. 6. Sendouttherequestforworkplans. 7. DelivertheutilitycertificateandutilityspecialprovisiontotheCITYforapproval, and. 8. Dateeachutilityisanticipatedtobeoutofconflictwiththehighwayproject. TheCONSULTANTshalldesigntheprojecttopotentiallyavoidtherelocationofutilityfacilitieswhen feasibleandtominimizethefinancialimpacttotheprojectandtotheutilities. TheCONSULTANTshallconductofficereviews, fieldreviews, meetingsandcommunicationsasneeded forutilitycoordinationservices. TheCONSULTANTshallpreparenotices, letters, drawingsandagreementsforutilitycoordinationservices. TheCONSULTANTshallprovidelegalnoticebeforeenteringprivateproperty. TheCONSULTANTshallperformconstructabilityreviewsoftheprojectandutilityrelocationwork TheCONSULTANTwillfacilitateaPreliminaryFieldCheck / utilitycoordinationmeeting, anduptosixutility conflictresolutionsmeeting(s) asneeded. TheCONSULTANTshallreviewplansheets, crosssections, relocationworkplansandschedulesto determinethatidentifiedutilityfacilityconflictsarebeingaddressedbytheutilitycompany. AtPreliminaryFieldCheck / utilitycoordinationmeeting, theCONSULTANTshallhaveameetingwithutility companiestodiscussthefollowing: 1. Whataretheutilityrightofwayneeds, 2. Whatisthebasisforreimbursementfortheutilityfacilities, ifany, 3. Whatistheestimateofcosttorelocatetheutilityfacilities, 4. Whatistheutilityscheduletorelocateifsuchisnecessary 5. Wherewouldtheutilitycompanyrelocatetheirfacilitiesifsuchisnecessary, 6. Howcanthehighwayprojectbedesignedtopotentiallyavoidtheirfacilities 7. DotheutilitycompanieshaveelevationsfortheirfacilitiesandisSUEneeded. BeforeStage3designiscomplete, theCONSULTANTshalldelivertotheCITYarevisedestimateofthe reimbursableutilityrelocationcosts. Beforethebiddate, theCONSULTANTshalldelivertotheCITYaworkplanforeachutilitywithinthearea oftheproject. Aworkplanincludesnarrative, drawing, costestimateandeasementdocumentsas applicable. Theworkplansshallbedeliveredwhetherornotutilityfacilityrelocationsarerequired. TheCONSULTANTdevelopthefollowingitemsforallutilitieswithintheareaoftheprojectbidding: 1. Utilityrelocationworkplan 2. Utilitycoordination completionsummary 3. Utilityspecialprovisionforbiddocuments TheCONSULTANTshallactasaliaisonbetweenutilitycompaniesandCITY, answeringquestions, interpretingplans, andcorrespondingwithutilities. TheCONSULTANTshallbeavailableduringtheconstructionphaseoftheprojectandreportthe statusofutilityworktotheOversightAgent, ProjectEngineerandProjectManagerbi-weekly, ormore frequently, ifrequested. Assumptions: Itisassumedthatutilitycoordinationeffortswillrequire: oOneinitialfieldvisit o1PreliminaryFieldCheckmeeting & sitevisit oUptofoursitevisitswithutilities ItemsSpecificallyNotIncluded: PreparationofreimbursableagreementbetweentheCITYandutility, ifnecessary. SubsurfaceUtilityEngineering (SUE) services Fieldobservationofrelocationspriortoprojectbid. HydraulicDesign DetentionHydraulicDesign Activity Designstormwaterdetention, ifneeded, priortodischargefromprojectsite, inaccordancewith Cityrequirementsinplaceatthetimeofthisagreement. Determinedetentionrequirementsbasedonexistingdischargerates. Analyzeexistingandproposedwatershedareasperoutlet. Calculaterequireddetentionforeachwatershed. Calculaterequiredwaterqualityvolumeforeachwatershed. Analyzeanddevelopdetentionandwaterqualityvolumelocations. Detentionplanandconstructiondetailsheets. Assumptions DetentionandwaterqualitywillbecoordinatedwithCity, meetingCityrequirements. Other jurisdictionalrequirementswillnotbeevaluated. Detentionwillbeprovidedatnomorethanfouroutfalls. Duetothesizeofimperviousareaandlimitedspaceintherightofwayoncesidewalksare added, thedesignmayrequireoversizeddetentioninlessthan4quadrantstoaccountfor lackofspaceinotherquadrants. Designexception(s) mayberequired. RoadsideDitchesHydraulicDesign Activity DesignroadsideditchestomeetproposedrunoffcapacityinaccordancewithCityrequirements. Determinesizebasedonproposedflowrates. Incorporateditchsizerequirementsintoproposedplans. Specifyappropriatepermanenterosionprotection, suchaspavedsideditch, riprapditch, orsodding. Includeincontractplan, profileandquantities/costs. Incorporateditchdetention, ifrequired, incooperationwithTask17.1 Results/Deliverables Finalwatersheddivisions, runoffsources. LayoutandModelingofstormsewernetwork. Finalhydraulicdesigncalculations. Incorporationofdrainageinfrastructureintothecontractplans. Inlet & StormSewerDesign Activity DesigninletspacingtomeetproposedspreadrequirementsinaccordancewithCity requirements. Designstormsewerstomeetproposedstormsewercapacityrequirements inaccordancewithCityrequirements. Definedrainageareas, timesofconcentration, and roughnesscoefficientstodetermineflowvolumes. Determineinletlocationsbasedonspreadrequirements. Designandmodelstormsewer(s) toproposedroadsideditches Designcurbturnouts, ifapplicable. Results/Deliverables AllactivitieswillbecompiledintoadrainagereportandsubmittedtoCITY. ConstructionandBiddingPhaseServices FollowingtheawardoftheconstructionContract, theCONSULTANTshallberesponsibleforattendingthepre- constructionmeeting. Duringthecourseofconstruction, theCONSULTANTshallbeavailableatreasonable timesduringnormalworkinghourstorespondtoreasonableinquiriesconcerningtheaccuracyorintentofthe CONSULTANT'splans. AllsuchinquiriesshallbemadeonlybypersonsdesignatedbyCitytointerpretthe plansandContractdocumentsforthebenefitofthecontractorsandsubcontractorsperformingthework. The CONSULTANTshallnotberequiredtorespondtoinquiriesbypersonsotherthanCity'sdesignated representativeandshallnotberequiredtoengageinexhaustiveorextensiveanalysisorinterpretationofthe plans. TheCONSULTANTshallreviewallshopdrawings. Ifduringtheconstructionphaseitisdeterminedthatunforeseenorunusualconditionsarise, theCONSULTANT shallrevisetheplanswithCityapproval. IfrequestedbyCITY, theCONSULTANTshallhavetheCONSULTANTÓsprojectdesignengineerattendand participateinpartnering (1) aworkshopwithemployeesofCity, contractor, subcontractors, etc. todevelopa statementofgoals, and (2) follow-upmeetings. Assumptions Uptosixteencontractorquestions Uptothreeprogressmeetings Uptotenshopdrawingreviews UtilityCoordinationServicesDuringConstruction: AllutilitycoordinationservicesareunderthedirectionofCITY. TheCONSULTANTshallactasaliaisonbetweenutilitycompaniesandCITY, answeringquestions, and interpretingplans. TheCONSULTANTshallbeavailableduringtheconstructionphaseoftheprojectandbepro-active infacilitatingthattheutilityfacilityrelocationsareoccurringinaccordancewiththeutilityÓsworkplan. TheCONSULTANTshallissuealettergivingtheutilitynoticetoproceedwithconstructionactivities. TheCONSULTANTshallattendconstructionprogressmeetingsheldbytheprojectengineerasnecessary. TheCONSULTANTwillprepareabi-weeklystatusreportindicatingthedetailsofutilityrelocationworkand submitthesereportstotheOversightAgent, ProjectManagerandProjectEngineer. TheCONSULTANTshallpreparepermitaddendumsfordirectedchangestoutilityrelocationworkplans includingcostincreasespriortotheworkbeingperformed. TheCONSULTANTshallsendtoeachutilitywithrelocationwork, aletteracknowledgingcompletionoftheir work, notlaterthantwoweeksaftertheutilityrelocationworkiscomplete. FeeJustification PROJECT:Roundabout PROJECTLOCATION:141st & Shelbourne RAB CLIENT:CityofCarmel Assignment Amount ProjectManagement$ 68,700.00 Environmental andPermitting$ 8,300.00 RoadDesignandPlans$ 341,800.00 LightingDesign$ 26,600.00 UtilityCoordination$ 67,400.00 Hydraulic Design$ 41,700.00 Topographic SurveyandR/WPlanDevelopment $ 71,075.00 Geotechnical Engineering$ 16,000.00 Construction andBidding$ 67,200.00 Total$ 708,775.00 Totals Project Management PROJECT:Roundabout PROJECTLOCATION:141st & ShelbourneRAB*BlendedRates CLIENT:CityofCarmel TOTALTOTAL Group Sr. Principal Sr. Project Principal Resident Project Executive Administrative Engineer VIIManager IEngineer VIEngineer IIISr. Engineer VSr. Planner V Engineer IV Assistant Assistant IIIDESCRIPTIONHOURSDOLLARS ProjectManagement Project Kick-off Meeting8.08.01,968.56 Project Development Plan4.04.0984.28 MonthlyStatusReports (x24)24.024.05,905.68 Monthly progressmtgs (x20)40.040.09,842.80 Internal Progress Meetings (x30)30.030.07,382.10 Design SubconsultantCoordination30.030.07,382.10 Schedule/Budget Maintenance24.024.05,905.68 Misc. Project Coordination (1hr/wkx2yr)104.020.0124.028,017.48 PreFinalWalkthrough 4.04.0984.28 TOTAL:288$68,372.96 TOTAL - HOURS:026800.00.00.00.020.0288.0 LoadedHourlyRate (Blended)$327.45$246.07$271.53$224.13$222.62$155.69$121.52$121.31 COSTSPERCLASSIFICATION$0.00 $65,946.76 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,426.20 $68,372.96 TOTALHOURLYCOSTS:$68,372.96 DIRECTEXPENSES Mileage8.0Trips0.7Costper Mile40.0Mileage224.00 MiscPrinting 100.00 DIRECTEXPENSESUBTOTAL:$324.00 TOTALCOSTS:$68,700.00 ProjectManagement Road Design and Plans PROJECT:Roundabout PROJECT LOCATION:141st & Shelbourne RAB*Blended Rates CLIENT:City ofCarmel TOTALTOTAL Principal Senior Engineering Engineering Group Sr. PrincipalSr. Project Principal ProjectDesigner/Tech/Asst. ProjectDesigner/Tech/Executive Sr. GIS Administrative EngineerVIIManagerIEngineerVISr. EngineerVEngineerIV CaddOp EngineerIIICaddOpAssistant SpecialistEngineerIIAsst. EngineerIAssistantIIIDESCRIPTIONHOURSDOLLARS Road Design andPlans Stage1Design (30% Complete) InitialFieldCheck / SiteVisit8.08.016.03,026.48 Incorporate updatedSurveyFiles; Check topo4.010.016.030.04,668.66 TitleSheet & Index Sheet2.08.012.022.03,356.72 Typical Sections4.016.016.036.05,602.80 Prelim. Horiz. Alignment & Geometrics8.016.024.048.07,603.92 Prelim. VerticalAlignments8.016.012.036.05,937.96 Prelim. RoundaboutDesign, Details, TurningMovements, FastestPath24.040.016.080.013,791.76 Preliminary Drainage Design16.016.040.072.011,606.16 Prelim. DriveApproaches2.08.016.026.03,912.04 Prelim. Pavement Markings2.012.08.022.03,424.16 Prelim. Signage2.012.08.022.03,424.16 SetRightofWayLines, PlatSheet, Annotate2.016.012.030.04,602.24 PavementDesign/Selection 8.012.08.028.04,759.88 Plot & Check X-Sections4.040.010.054.08,506.38 Conceptual Maintenance ofTraffic4.032.024.060.09,204.48 DraftDesign Documentation Report8.016.024.04,272.00 Prelim. Quantities2.08.04.014.02,246.08 PrelimCostEstimate2.08.04.014.02,246.08 QA/QC16.04.08.08.036.07,591.12 Submit toClient2.02.02.06.01,081.18 Attend Design Review mtgw/ Client2.08.010.01,737.66 8.08.01,245.52 SUBTOTAL:694.0113,847.44 PreliminaryFieldCheck (40%) Incoprorate Stage1Comments2.04.08.08.022.03,738.78 UpdatePlansanddetails2.04.04.010.01,623.32 Meetingnotification andplans distribution2.02.04.0937.38 Attend meeting4.04.04.012.02,497.52 Prepareanddistribute meeting notes1.02.03.0691.31 SUBTOTAL:51.09,488.31 Stage3Design (95% Complete) 12.016.028.05,162.48 Finalize Title & IndexSheets8.02.02.012.02,370.00 Finalize Typical Sections1.016.016.033.04,934.94 Miscellaneuous Details4.024.016.044.06,848.32 FinalizeHoriz. Alignment & Geometrics4.016.024.044.06,713.44 Finalize Vertical Alignments8.016.012.036.05,937.96 Finalize Roundabout Design & Details16.080.060.0156.024,346.92 Finalize. Drive Approaches24.016.040.05,957.84 Finalize. Pavement Markings2.012.08.022.03,424.16 Finalize Signage2.016.08.026.04,046.92 Sidewalk & CurbRampDesign16.016.080.013,209.76 Erosion & Sediment ControlPlans40.024.064.09,559.52 UpdateRightofWayLinestomatchRWEngineering4.08.04.016.02,691.32 Finalize X-Sections2.040.024.066.010,004.76 FinalizeMaintenance ofTrafficPlans, Typicals, Sequencing80.040.0120.018,008.40 Structure Data Table24.016.04.044.08,389.24 PipeMaterial Table8.02.010.01,523.18 Approach Table8.02.010.01,523.18 Earthwork Computation & Table12.02.018.02,854.06 Ditch / Sod Table6.02.08.01,211.80 TempErosion Control Table12.02.014.02,145.94 FinalDesignDocumentation Report16.016.02,491.04 WriteUnique Special Provisions8.04.012.02,403.72 Review/IncludeRecurring SpecialProvisions16.08.024.04,807.44 Constructibility Review4.08.04.016.04,047.00 Final Quantities12.08.036.05,811.40 FinalCostEstimate24.024.03,736.56 QA/QC6.08.014.03,410.14 RoadDesignandPlans Road Design and Plans PROJECT:Roundabout PROJECT LOCATION:141st & Shelbourne RAB*Blended Rates CLIENT:City ofCarmel TOTALTOTAL Principal Senior Engineering Engineering Group Sr. PrincipalSr. Project Principal ProjectDesigner/Tech/Asst. ProjectDesigner/Tech/Executive Sr. GIS Administrative EngineerVIIManagerIEngineerVISr. EngineerVEngineerIV CaddOp EngineerIIICaddOpAssistant SpecialistEngineerIIAsst. EngineerIAssistantIIIDESCRIPTIONHOURSDOLLARS SUBTOTAL:1,033.0167,571.44 BidDocuments (100% Complete) Stage3Review Comment Resolutions4.04.016.024.04,365.80 Finalize Tracings Plans8.010.024.042.06,669.78 Final Quantity Calculations8.024.040.06,933.76 Final CostEstimate4.04.08.016.03,222.12 FinalDesign Documentation8.016.08.012.044.09,962.28 QA/QC24.08.032.08,297.68 FinalBidDocuments16.08.032.056.011,091.44 0.00.00 SUBTOTAL:254.050,542.86 TOTAL:2,032$341,450.05 TOTAL - HOURS:0458229197000568000002,032.0 LoadedHourlyRate (Blended)$327.45$246.07$271.53$222.62$155.69$142.77$130.99$138.83$121.52$121.46$128.50$117.19$121.31 COSTSPERCLASSIFICATION$0.00 $11,073.15 $22,265.46 $64,782.42 $151,019.30 $0.00 $0.00 $78,855.44 $0.00 $0.00 $0.00 $0.00 $0.00 $341,450.05 TOTAL HOURLY COSTS:$341,450.05 DIRECT EXPENSES Mileage8.0Trips40.0Mi./Tripx0.4Mileage121.60MiscPrinting200.00 DIRECTEXPENSESUBTOTAL:$321.60 TOTAL COSTS:$341,800.00 RoadDesignandPlans Environmental and Permitting PROJECT:Roundabout PROJECT LOCATION:141st & Shelbourne RAB CLIENT:CityofCarmel TOTALTOTAL Sr. Principal Sr. Project Principal Principal Administrative EngineerVIIManagerIEngineerVIScientistSr. ScientistVAssistantIII ScientistIII InspectorII InspectorI ScientistIIDESCRIPTION HOURSDOLLARS Environmental andPermitting Meetings/Coordination4.04.0593.20 Erosion Control Plan Review & Exhibits8.08.016.01,917.36 SWPPP2.016.02.020.02,992.52 NOI 4.04.0593.20 Public Notice4.04.0593.20 Submission2.04.06.01,085.34 TOTAL:54$7,774.82 TOTAL - HOURS:0202.040.00.00.00.00.010.0 54.0 Loaded Hourly Rate (Blended)$327.45$246.07$271.53$218.49$148.30$121.31$125.02$87.45$93.24$91.37 COSTS PERCLASSIFICATION$0.00 $492.14 $0.00 $436.98 $5,932.00 $0.00 $0.00 $0.00 $0.00 $913.70 $7,774.82 TOTAL HOURLY COSTS:$7,774.82 DIRECT EXPENSES MileageMi./Trip x0.00 Public Notice/Application Fee500.00 DIRECT EXPENSE SUBTOTAL:$500.00 TOTAL COSTS:$8,300.00 Environmental andPermitting HydraulicDesign PROJECT:Roundabout PROJECTLOCATION:141st & ShelbourneRAB*BlendedRates CLIENT:CityofCarmel TOTALTOTAL Senior Senior Engineering Engineering Senior Principal Senior Project Principal Principal Senior Engineer Project SeniorScientist Designer/Tech/Designer/Tech/Senior GIS Engineer VIIManager IEngineer VIScientistVEngineer IVVCadd OpEngineer IIICadd OpSpecialistEngineer IIDESCRIPTIONHOURSDOLLARS HydraulicDesign FlowCalcs (DAs, Tc, RainfallData)8.040.048.07,020.56 Detention Modeling8.032.08.048.010,344.00 WaterQualityModeling2.016.08.026.05,152.90 Detention PlanDevelopment4.016.020.04,648.04 Ditch Modeling8.012.020.03,352.84 Permanent Erosion Protection2.04.06.0969.20 Inlet Spacing4.016.020.02,986.32 Storm Sewer Modeling4.024.028.04,034.24 Report Development4.012.016.02,462.36 Report Submittal1.02.03.0691.31 0.00.00 0.00.00 0.00.00 0.00.00 TOTAL:235$41,661.77 TOTAL - HOURS:01140.096.00.00.00.0124.00.00.00.0235.0 LoadedHourlyRate (Blended)$327.45$246.07$271.53$218.49$222.62$155.69$148.30$138.83$130.99$138.83$121.46$128.50 COSTSPERCLASSIFICATION$0.00 $246.07 $3,801.42 $0.00 $21,371.52 $0.00 $0.00 $0.00 $16,242.76 $0.00 $0.00 $0.00 $41,661.77 TOTALHOURLYCOSTS:$41,661.77 DIRECTEXPENSES MileageTrips Mi./Trip xCost perMile$0.00 MiscPrinting $0.00 DIRECTEXPENSESUBTOTAL:$0.00 TOTALCOSTS:$41,700.00 HydraulicDesign Lighting Design PROJECT:Roundabout PROJECT LOCATION:141st & Shelbourne RAB*Blended Rates CLIENT:City ofCarmel TOTALTOTAL Senior Engineering Group Sr. Principal Sr. Project Principal Project Designer/Tech/Executive Administrative EngineerVIIManagerIEngineerVISr. EngineerVEngineerIV CaddOpAssistant EngineerIIAsst. EngineerIAssistantIIIDESCRIPTIONHOURSDOLLARS Lighting Design Stage 1Lighting Plans (30% Complete) Preminary Photometrics andPoleLocations 2.03.06.011.02,094.14 Plan Sheet Development 1.01.08.010.01,488.95 QA/QC 2.01.03.0600.93 Stage 3Lighting Plans (95% Complete) Plan Sheet Development 1.01.016.018.02,599.59 Incorporate comments from PFC 2.02.04.0756.62 Detailed Photometric Lighting Design 16.016.032.06,052.96 TableSheet Development 8.08.016.03,026.48 Voltage DropCalculations 2.02.04.0756.62 Quantities 2.02.04.0756.62 Special Provisions 2.02.04.0756.62 QA/QC 4.02.01.07.01,340.69 BidDocuments (100% Complete) Incorporate comments fromStage 3 2.06.06.06.020.03,594.98 Revised Voltage Drops 2.02.04.0756.62 Revised Photometrics 2.02.04.0756.62 Revised Quantities 1.01.02.0378.31 QA/QC2.01.01.04.0739.76 TOTAL:147$26,456.51 TOTAL - HOURS:04056.055.032.00.00.00.00.0147.0 Loaded Hourly Rate (Blended) 327.45$246.07$271.53$222.62$155.69$138.83$121.52$130.99$117.19$121.31 COSTS PER CLASSIFICATION$0.00 $984.28 $0.00 $12,466.72 $8,562.95 $4,442.56 $0.00 $0.00 $0.00 $0.00 $26,456.51 TOTAL HOURLY COSTS:$26,456.51 DIRECT EXPENSES Mileage2.0Trips40.0Mi./Trip x0.7MileageMileage$56.00 Misc Printing $0.00 DIRECT EXPENSE SUBTOTAL:$56.00 TOTAL COSTS:$26,600.00 Lighting Design UtilityCoordination PROJECT:Roundabout PROJECT LOCATION:141st & Shelbourne RAB*Blended Rates CLIENT:City ofCarmel TOTALTOTAL Principal Senior EngineeringEngineering Group Sr. PrincipalSr. Project Principal ProjectDesigner/Tech/Designer/Tech/Executive Sr. GIS Administrative EngineerVIIManagerIEngineerVISr. EngineerVSr. PlannerV EngineerIVCaddOp CaddOpAssistant SpecialistEngineerIIAsst. EngineerIAssistantIIIDESCRIPTIONHOURSDOLLARS Utility Coordination Proj. kickoff & Initialproject setup189.01,491.59 SiteVisit & Documentation88.01,245.52 Research utilities toacquire contacts88.01,245.52 Obtain/reviewrecord drawings fromutilities88.01,245.52 Initial Notice Letter & Map18413.02,062.67 Follow-upcorrespondence66.0934.14 Review accuracy offieldsurvey88.01,245.52 SendVerification ofExist. FacilitiesLetter/Plans2810.01,737.66 Coord. Withutilsonrecorddrawings88.01,245.52 Follow-uputilitycalls/mtgs189.01,491.59 RevisePlanstoreflect verification response8816.02,387.68 Determine UtilityConflicts afterverification22426.04,228.70 Follow-upwithutilities toensureaccuracy246.01,114.90 SUEID / coordination / incorporation824840.06,847.28 Process dataintoMasterUtility Plan2161230.04,696.42 Follow-upSite Visit88.01,245.52 WorkPlanRequest Plans / Letters220830.04,748.10 Communication/Meetingsforresponse/revision22426.04,228.70 Follow-upresponses tofinalize workplans22426.04,228.70 Masterutilityrelocation schedule & Plan21618.02,983.18 ClientPMreviews andsignatures2810.01,737.66 IssueNTPforrelocations41620.03,475.32 Monitor utilitypreconstruction schedule41216.02,852.56 Prepare provision forbiddocuments189.01,491.59 Utilitycoordination completion summary189.01,491.59 Monitor pre-construction relocations21618.02,983.18 Prep/AttendPreConstruction Meeting21214.02,360.42 0.00.00 TOTAL:409$67,046.75 TOTAL - HOURS:04300.0326.040.00.00.00.00.00.00.0409.0 LoadedHourlyRate (Blended)$327.45$246.07$271.53$222.62$155.69$142.77$138.83$121.52$121.46$128.50$117.19$121.31 COSTSPERCLASSIFICATION$0.00 $10,581.01 $0.00 $0.00 $0.00 $50,754.94 $5,710.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $67,046.75 TOTAL HOURLY COSTS:$67,046.75 DIRECT EXPENSES Mileage10.0Trips40.0Mi./Tripx0.7Cost perMile$280.00MiscPrinting $0.00 DIRECTEXPENSESUBTOTAL:$280.00 TOTAL COSTS:$67,400.00 UtilityCoordination ConstructionandBidding PROJECT:Roundabout PROJECTLOCATION:141st & ShelbourneRAB*BlendedRates CLIENT:CityofCarmel TOTALTOTAL Principal Senior Engineering Engineering Sr. Principal Sr. Project Principal Project Designer/Tech/Asst. Project Designer/Tech/Sr. GIS Administrative Engineer VIIManager IEngineer VISr. Engineer VEngineer IV Cadd Op Engineer III Cadd OpSpecialistEngineer IIAsst. Engineer IAssistant IIIDESCRIPTIONHOURSDOLLARS ConstructionandBidding Reviewcontract bidpackage2.02.08.012.02,280.72 Respond toBidder Questions8.016.024.04,459.60 IssueRevisions4.012.016.02,852.56 ReviewBids 2.02.04.08.01,657.96 AttendPreconstruction Conference 6.08.014.02,721.94 ShopDrawing Review8.024.024.040.096.020,013.20 Respond toConstruction Questions 12.016.028.05,443.88 Utility Coordination duringconstructoin8.040.048.08,196.16 AttendProgressMeetings 12.012.024.04,821.12 Misc. Unforeseen Construction Changes32.032.064.012,856.32 PreFinal Walkthrough4.04.08.01,607.04 0.00.00 TOTAL:342$66,910.50 TOTAL - HOURS:098424.0176.00.040.00.00.00.00.00.0342.0 LoadedHourlyRate (Blended)$327.45$246.07$271.53$222.62$155.69$142.77$224.13$138.83$121.46$128.50$117.19$121.31 COSTSPERCLASSIFICATION$0.00 $24,114.86 $1,086.12 $5,342.88 $27,401.44 $0.00 $8,965.20 $0.00 $0.00 $0.00 $0.00 $0.00 $66,910.50 TOTALHOURLYCOSTS:$66,910.50 DIRECTEXPENSES Mileage5.0Trips40.0Mi./Tripx0.7CostperMile$140.00MiscPrinting $100.00 DIRECTEXPENSESUBTOTAL:$240.00 TOTALCOSTS:$67,200.00 ConstructionandBidding Certified MBE ¤ State ofIndiana ¤ CityofIndianapolis INDOT Certified DBE May27, 2025 TravisKohl IndianaTransportationLeader CHA 201N. IllinoisSt., Ste800 Indianapolis, IN46204 stRe: 141andShelborneRoadRoundabout CityofCarmel, HamiltonCo., Indiana FeeProposal DearTravis, Thankyoufortheopportunitytosubmitafeeproposalfortheabove-referencedproject. Theproposalis basedontheBillingRatesusinganhourlyratefortheMan-HourJustifications. Thesefeeswillbebilled LumpSum (percentcomplete) for6.1and6.3, andUnitPricefor11.1, 11.2 & 11.3. Thefollowingisa summaryofourproposalfees: Task ProposedFee FeeType 6.1TopographicSurvey & 6.3LCRSPlat $ 26,200.00 LSUM 11.1RightofWayEngineering $ 28,850.00 UNIT 11.2RightofWayStaking $ 8,800.00 UNIT 11.3Title & EncumbranceReport $ 7,225.00 UNIT TotalProposedFee $ 71,075.00 Thefollowingitemsareincludedasanattachmenttothisletter. ProjectDescription ScopeofWorkforeachelement HourlyJustificationforeachelement Ifuponconsultationwithalllocal, state, andfederalagenciesregardingtheproject, additionalstudies arerequestedortheprojectscope/areachanges, thenadditionalfeeswillberequiredtomeetthe additionalscopeofservices. Weappreciatetheopportunitytoserveyouonthisproject. Ifyouhaveanyquestionsordesire additionalinformation, pleasecontactmeat317-566-0629oremailat Sincerely, SJCAInc. GregoryM. Quebe, PE, PS SeniorVice-President 9102 N. Meridian Street, Suite 200 ¤ Indianapolis, IN46260 ¤ 317-566-0629 ¤ www.sjcainc.com May 30, 2025 CHA Consulting, Inc. 201 N. Illinois St Indianapolis, IN46204 Attention: Mr. Travis Kohl E: tkohl@chasolutions.com Reference: Proposal forGeotechnical Exploration st141andShelborne Road Roundabout Carmel, Hamilton County, Indiana S&ME Proposal No. 25180082 Dear Mr. Kohl, S&ME, Inc. (S&ME) ispleased tohave theopportunity tosubmit this proposal forthe above-mentioned project. This proposal outlines ourunderstanding oftheproject, theplanned scope ofservices, our fee for these services, andthe schedule forperforming the work. Our Agreement forServices (Form AS-071) isattached tothis proposal and isincorporated aspart oftheproposal. ProjectInformation Thisproposal isbased onemail correspondence between Mr. Travis Kohl ofCHA Consulting, Inc. (CHA) and Mr. Andrew Bain, P.E. ofS&ME. The project includes the design and construction ofanew4-legged roundabout stlocatedat141andShelborne Road located inCarmel, Hamilton County, Indiana. S&ME hasbeenprovided with anundated Plan View oftheproposed project. This exploration will be performed ingeneral accordance with the 2019 INDOT Geotechnical Manual. Therequested scope ofwork includes performing aGeotechnical Exploration toevaluate the soiland groundwater conditions fortheproposed construction, aswell asgeotechnical design and areport toaid inthe design and construction ofthe proposed new roundabout. Based ontheinformation provided byCHA, the following considerations were made for the scope ofwork provided herein: Minimal cut/fillisexpected to establish sitefinished grades. The roadway alignment willbesimilar toexisting without major shifting. Ifamajor shift inalignment isexpected, CHA will provide thenew alignment prior tofield work mobilization. Site will be accessible during normal workday hours, and will not require clearing services toaccess. Temporary Maintenance ofTraffic (MOT) will berequired tocomplete theborings. Each leg oftheroundabout will extend approximately 450-feet away from theintersection. Noculverts orretaining walls are expected. Shallow (3- to6-ftbelow grade) storm sewer is anticipated within the project area. S&ME, Inc. | 7112ZionsvilleRoad | Indianapolis, IN46268 | www.smeinc.com Proposal for Geotechnical Exploration 141st andShelborne Road Roundabout Carmel, Hamilton County, Indiana S&MEProposal No. 25180082 The project information and considerations detailed above should bereviewed and confirmed bythe appropriate team members. Modifications toourproposed scope ofservices mayberequired iftheactual conditions vary from the project information and assumptions described herein. Scope ofWork Weanticipate that theproposed field work will becompleted within one (1) workday. Ourscope ofwork will bein general accordance with the drilling program summarized asfollows: An S&ME representative will visitthe site tomark boring locations using hand held GPS (sub-meter horizontal accuracy) equipment or by referencing sitefeatures. S&ME willcontact Indiana 811 tomark public underground utilities inthevicinity oftheboring locations. Six (6) SPT borings (labeled RB-1toRB-6) will becompleted for thenew proposed roundabout. One boring will beplanned for each legwith two (2) borings inthe existing grassy areas where new roundabout roadway willbe constructed. Boring depths will extend to10-feetbelow grade. Boring locations will beselected togather soil information on subgrade as well asforexcavation ofshallow storm sewers. Atotaloffour (4) pavement cores (labeled PC-1toPC-4) will becompleted inthe existing pavement todetermine the existing pavement sections atproposed roundabout legs. Temporary MOT will berequired for all borings within theroadway. S&ME hasestimated requiring one flagging crew, with roadway boring locations located approximately 300-feet from the intersection. Representative, disturbed soil samples for borings will beattempted continuously to6-feetbelow grade, andthereafter at2.5-feet intervals to10-feet. Samples will be collected using a2-inch outside diameter split-barrel sampler driven byblows from a140-pound hammer freely falling 30inches Standard Penetration Test ÏAASHTO T206). One (1) undisturbed Shelby tube sample willbecollected using athin-walled tube oncohesive soils (AASHTO T207) for laboratory testing, ifcohesive soils are encountered. One (1) proctor sample will becollected toperform Standard Proctor testing of subgrade materials. Theborings will bebackfilled with auger cuttings andgranular bentonite. All borings completed through pavement will bepatched to grade with cold patch asphalt. Ground surface elevations atboring locations will beestimated using available aerial photography or grading plans and horizontal locations will beobtained using asub-meter accuracy hand-held GPS unit along with anytopographic mapping information provided byCHA orfrom readily available software orUSGS mapping. Alternately, ifthe site issurveyed byothers during thetime ofour investigation, S&MErequests that theground surface elevations and the coordinates ofourboring locations be provided tous for inclusion inour report. S&ME will drill the borings using adrill rig mounted onaTruck-, ATV-, or track-mounted chassis. S&ME will supervise thedrilling operations and logthesamples asthey are recovered and will perform the following specific duties: 1. Recommend drilling and sampling procedures depending ontheconditions being encountered; 2. Visually identify recovered samples and prepare alogofeach boring; May 30, 2025 2 Proposal for Geotechnical Exploration 141st andShelborne Road Roundabout Carmel, Hamilton County, Indiana S&MEProposal No. 25180082 3. Preserve soil samples inairtight containers fortransportation toourlaboratory, and; 4. Make hand-penetrometer measurements insamples exhibiting cohesion. Laboratory Following retrieval, the S&MEgeotechnical engineer on-siteduring drilling willpreserve therecovered soil samples inairtight containers. Therecovered samples will bereturned toourlaboratory where applicable laboratory tests willbeperformed. These tests areused toassess theengineering properties ofthe soil. The soil samples will bevisually classified byageotechnical engineer in accordance with the INDOT Geotechnical Manual and also for anapproximation oftheir strength andconsolidation characteristics bycomparison toexisting data. Our recovered samples may be subjected totesting including, butnotlimited to, thefollowing laboratory tests: Natural Moisture Contents (AASHTO T265) Grain Size Analyses (AASHTO T88) Atterberg Limits Tests (AASHTO T89/T90) Loss onIgnition (Organic Content) (AASHTO T267) Standard Proctor (AASHTO T99) Unconfined Compression ÏSoil (AASHTO T208) Resilient Modulus (AASHTO T274) Report/Deliverables Field and laboratory information will beincluded inaGeotechnical Exploration report, signed and sealed bya licensed Professional Engineer inthe stateofIndiana. Our report will generally include the following items: Descriptions ofthesite and field work; Description ofthegeneral subsurface conditions and groundwater conditions encountered in the borings (i.e., existing fill, previous construction, expansive soils, softorloose zones, high groundwater table, etc.); Description ofexisting pavement and subgrade conditions; Discussion on sitegeology; Results oflaboratory testing; Recommendations for site preparation and fillplacement, including: Recommendations foruse ofexisting material. Subgrade soil parameters forPavement design (completed by others); Discussions ontreatment ofexisting fill or unsuitable soils, ifencountered; Discussion on open excavations forshallow (3- to6-ft) storm sewers, Anticipation and management of theimpact ofthe groundwater onconstruction activity, and; An Appendix including avicinity map, plan ofborings, subsurface profiles, logs of the borings, pavement core reports, andlaboratory testresults. ExcludedServices Thefollowing services will not be included aspartofthiswork. Should theclient desire S&ME toperform anyof the services listed below, wewill provide Guidon with afeeestimate tomodify our proposal. Surveying services. May 30, 2025 3 Proposal for Geotechnical Exploration 141st andShelborne Road Roundabout Carmel, Hamilton County, Indiana S&MEProposal No. 25180082 Seismic Site-Specific Response Analyses (SSRA). Geophysical services. Design and analysis ofexisting and proposed pavements. S&MEisnotaware ofcontaminated soils atthesite. During ourfield work, S&MEwill observe the soil samples andnote anychemical orpetroleum odors. Ifodors aredetected, wewillterminate the boring and backfill with aPortland cement and bentonite clay grout. Construction monitoring and testing (canbe proposed at alater date under separate cover.) Wetlands andjurisdictional waters determination or delineation. Re-landscaping orotherwise restoring the sitetoitsoriginal condition. Project meetings. Ifany oftheabove excluded services are required, please contact us sothatwe can modify this proposal, or provide anadditional proposal, forthese services. ClientResponsibilities TheScope ofServices, schedule, and feepresented herein are contingent upon theclient fulfilling the following responsibilities: Executed contract and Notice toProceed (NTP). Notify S&ME ofany known underground utilities orburied structures intheareas of theproposed borings and mark their locations prior to ourarrival on-site. Provide electronic plans ofalignment. Schedule S&ME will begin planning the field work forthe geotechnical exploration immediately upon receipt ofwritten authorization toproceed. Based onthe proposed Scope ofServices and considering that allnecessary information isavailable atthe time of authorization, theboring layout can begin immediately upon receiving Notice to Proceed andasigned contract, and thedrilling canbegin within three (3) weeks ofauthorization, pending weather restrictions. Based onsite access requirements, weestimate thefield work willtakeapproximately one (1) day to complete considering noinclement weather orother factor that would prevent usfrom drilling safely. We estimate thatanadditional three (3) weeks will beneeded for laboratory testing and analysis and an additional two (2) weeks tofinalize thereport. Compensation S&MEproposes to provide the geotechnical services summarized inthescope ofwork section of this proposal for aLump Sum feeof $16,000. Ifaccess difficulties orunexpected conditions are encountered during the exploration program, or additional drilling orservices arerequested, additional fees will be required. Delays caused byweather will beadditional. We will not, however, undertake any such work or exceed theauthorized total feewithout first contacting youand discussing theconditions being encountered, submitting anestimate of additional costs, andthen receiving formal authorization from your office. May 30, 2025 4 Proposal for Geotechnical Exploration 141st andShelborne Road Roundabout Carmel, Hamilton County, Indiana S&MEProposal No. 25180082 Invoices will be submitted monthly onaunitrate basis and will be payable within 30days ofreceipt. Thefee quoted inthis proposal isvalid for aperiod of3months after thesubmittal date. After this time, S&ME reserves theright torevise our fees. UseofProposal/Report S&ME intends toprovide theBasic Services as described intheScope ofServices. The Scope ofServices may not bemodified oramended, unless the changes are firstagreed toinwriting by theclient and S&ME, Inc. Use ofthis proposal islimited toabove-referenced project and client. Noother useisauthorized byS&ME, Inc. Limitations We willcontact thelocal utility locators prior tomobilizing tothesite. The utility location services willonly mark public utility lines; therefore, we willneed assistance inlocating private lines orunderground structures. Our firm cannot beheldresponsible fordamage toutility lines orsubsequent loss ofservice ifutility locations arenot made known tousorareinaccurately located byothers. Weassume that the Client will obtain right-of-entry into the site forour equipment andpersonnel. While wewill tryto limit sitedisturbance, ourfeedoes not include re-landscaping orotherwise restoring thesitetoitsoriginal condition. Our services will include backfilling the borings with amixture ofexcavated material and bentonite within thefoundation materials. Please inform usifyour requirements areany different. Weshould beinformed of any possible contamination onthe site prior to drilling toprevent spreading ofthe contamination. Ifcontaminated soilor groundwater isencountered during drilling, itispossible that the contamination maybe spread toother soil zones oraquifers thatwere not previously contaminated. Because itis impossible toeliminate theriskofencountering existing contamination during excavation and because the geotechnical exploration isanessential aspect oftheservices that weareproviding, ourfirm isnotresponsible for any claim which may arise asaresult ofcontamination allegedly caused bythegeotechnical exploration. Authorization An Agreement forServices (AS-071) isattached andincorporated asapartofthis proposal. Please sign the agreement and return itto our office asyour authorization ofthe proposed scope ofservices andtheassociated fee. Upon receipt ofthe signed agreement, wewillexecute the agreement, return acopy toyou, and proceed with the performance of ourservices. Any changes ormodifications to AS-071 orthe proposal are required tobe acknowledged byboth parties initialing acceptance ofthis proposal and agreement forservices next to the change or modification. May 30, 2025 5 Proposal for Geotechnical Exploration 141st andShelborne Road Roundabout Carmel, Hamilton County, Indiana S&MEProposal No. 25180082 Closure S&ME, Inc. appreciates the opportunity tosubmit this proposal to provide geotechnical services forthe above referenced project. Ifyou should have questions concerning this proposal, orifadditional information isrequired, please contact us. Sincerely, S&ME, Inc. Andrew Bain, P.E. Sadrish Panthi, P.E. Indianapolis Office Principal Geotechnical Operations Manager Senior Reviewer: Benjamin C. Dusina, P.E. Attachment: Proposed Boring Exploration Plan Agreement for Services (AS-071) May 30, 2025 6 Proposal for Geotechnical Exploration 141st andShelborne Road Roundabout Carmel, Hamilton County, Indiana S&MEProposal No. 25180082 Attachments B-2/PC-2 B-6 B-1/PC-1B-3/PC-3 B-5 B-4/PC-4 BoringLocations µ¶µ¹«ª!µ¸¯´-µ¸§º¯µ´NTS 5/ 24/2025st141andShelborneRoadRAB Carmel, Hamilton County, Indiana 25180082 EXHIBIT B Invoice Date: Name ofCompany: 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 TravisKohl CHAConsulting, Inc. Sr. Project Manager July29 25 Travis Kohl Travis Kohl Page 1of1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 118041 35-6000972 THIS NUMBER MUST APPEAR ONINVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION Professional Services Agreement - 8/6/257/23/2025368938 CHA CONSULTING, INC. City Engineering'sOffice VENDORSHIP111WINNERSCIRCLE 1Civic Square TO Carmel, IN 46032- ALBANY, NY 12205 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 103265 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 220002024 Bond Account: 44-628.71 Each124-ENG-12 - 141st & Shelborne Rd. RAB - Design$708,775.00$708,775.00 Sub Total 708,775.00 Send Invoice To: City Engineering'sOffice Laurie Slick 1Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 708,775.00PAYMENT A/PVOUCHER CANNOT BEAPPROVED FORPAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BEACCEPTED.THIS APPROPRIATION SUFFICIENT TOPAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Bradley PeaseZac Jackson TITLEDirectorCFO CONTROL NO. 118041 CzTfshfzHsfdivlijobu2;42qn-Kvm33-3136 July16, 2025 Mr. BradleyPease, P.E. CityEngineer CityofCarmel 1CivicSquare Carmel, IN 46032 Re:WestfieldBoulevard PathandStructure Replacement 2022BondProject22-ENG-12and17-SW-15 FeeProposal forConstruction Inspection DearBrad: Asyourequested, wehaveprepared afeeproposal toprovide full-timeconstruction inspectionservices relativetotheabovereferenced project. Thisprojectisscheduled tostartconstructionfall of2025and tobecompletedby Mayof2026. Below isalistingofindividuals weexpect tobeusingonthisproject: Trent E. NewportDirector Curtis HolcomSenior Project Manager Lance StahleySenior Resident Project Representative Pretty Elizabeth JohnProject Inspector Duringthe2025and2026construction durations(estimated tobe32weeks), wehavebudgeted1hour perweekfortheDirector, 4hoursfortheSeniorPM, 12hoursperweekfortheSeniorRPR,and45hours perweekfortheProjectInspector. Thesebudgetedhours, withthecorresponding billingrates, yieldthe estimated costsasshownontheattachedspreadsheet. Ifyoushould haveanyquestions orneedanyfurther information, pleasedonothesitate tocallmeat 765-506-8784oremailcholcom@crossroadengineers.com. Sincerely, CrossRoadEngineers, PC CurtisHolcom, P. E. VicePresident th115N. 17AVE, BEECHGROVE, IN46107 // 317.780.1555//CROSSROADENGINEERS.COM PAGE1of1 CzTfshfzHsfdivlijobu9;43bn-Kvm41-3136 Buubdinfou!2 Gvuvsf!Sjwfs!Ejtusjdu!Tupsnxbufs!Qmbo Page 1of1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 118040 35-6000972 THIS NUMBER MUST APPEAR ONINVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION Professional Services Agreement dated 4/16/25 (ASA 2 - 24- 7/22/2025371414 ENG-18 - CNO - Stormwater Plan) LOCHMUELLER GROUP, INC. City Engineering'sOffice VENDORSHIP6200VOGELROAD 1Civic Square TO Carmel, IN 46032- EVANSVILLE, IN 47715 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 103259 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 220002024 Bond Account: 44-628.71 Each1ASA 2 - 24-ENG-18 - CNO - Stormwater Study - Design$121,400.00$121,400.00 Sub Total 121,400.00 Send Invoice To: City Engineering'sOffice Laurie Slick 1Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 121,400.00PAYMENT A/PVOUCHER CANNOT BEAPPROVED FORPAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BEACCEPTED.THIS APPROPRIATION SUFFICIENT TOPAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Bradley PeaseZac Jackson TITLEDirectorCFO CONTROL NO. 118040 Schmidt Associates, Inc. Finance Department - 2025 Appropriation#170110143-404.00Fund; P.O.#118021 Contract NotToExceed $100,000.00 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) ishereby made andentered intoby and between the CityofCarmel, Indiana, acting byandthrough itsBoard ofPublic Works andSafety (hereinafter City"), and Schmidt Associates, Inc. (hereinafter "Professional"). RECITALS WHEREAS City ownsand isresponsible fortheoperation andmaintenance ofitsproperty, personnel, public works andinfrastructure; and WHEREAS, from time totime, City needs professional assistance infulfilling itsforegoing responsibilities; and WHEREAS, Professional isexperienced inproviding anddesires toprovide toCity theprofessional services Services”) referenced herein; and WHEREAS, Citydesires toengage Professional asanindependent contractor forthepurpose ofproviding to CitytheServices referenced herein; NOW, THEREFORE, inconsideration oftheforegoing recitals and thecovenants and conditions setforth herein, CityandProfessional mutually agree asfollows: SECTION 1 INCORPORATION OFRECITALS Theforegoing Recitals arehereby incorporated intothisAgreement andmade aparthereof. SECTION 2 SCOPE OFSERVICES 2.1 Citydesires toengage Professional asanindependent contractor forthe Services set forth inattached Exhibit A, incorporated herein bythisreference. 2.2 Professional understands and agrees thatCity may, from time totime, request Professional toprovide additional ormodified Services toCity. When City desires additional Services fromProfessional, the Cityshall notify Professional ofsuch additional Services desired, aswellasthetime frame inwhich same are tobe provided. Onlyafter Cityhasapproved Professional’stimeandcostestimate for the provision ofsuchadditional Services, hasencumbered sufficient monies topayforsame, andhasauthorized Professional, inwriting, to provide such additional Services, shall such Services beprovided byProfessional toCity. Acopy ofthe City’s authorization documents for the purchase ofadditional Services shallbenumbered andattached hereto inthe order inwhich theyareapproved byCity. 2.3 Time isoftheessence ofthis Agreement. 1 Schmidt Associates, Inc. Finance Department - 2025 Appropriation#170110143-404.00Fund; P.O.#118021 Contract NotToExceed $100,000.00 SECTION 3 CITY'SRESPONSIBILITIES 3.1 City shall provide such information asisreasonably necessary forProfessional tounderstand theServices requested. 3.2 City shallprovide alldata required forprovision ofServices. Professional mayassume that alldata soprovided iscorrect and complete. 3.3. Cityshall arrange forProfessional toenter upon public andprivate property asreasonably required for Professional toperform theServices. 3.4 Cityshalldesignate payment oftheServices fromCity budget appropriation number FUNDS fund. 3.5 Cityshall designate theMayor ortheir duly authorized representative toactonCity’sbehalf onallmatters regarding theServices. SECTION 4 PROFESSIONAL'SRESPONSIBILITIES 4.1 Professional shallperform the Services pursuant totheterms ofthisAgreement andwithin any applicable time and cost estimate. 4.2 Professional shall coordinate with Cityitsperformance oftheServices. 4.3 Professional shall provide theServices by following andapplying atalltimes reasonable andlawful standards asaccepted intheindustry. SECTION 5 COMPENSATION 5.1 Professional estimates thatthetotal price for theServices tobeprovided toCityhereunder shallbenomore than One Hundred Thousand Dollars ($100,000.00) (the “Estimate”). Professional shall submit aninvoice to Citynomore than once every thirty (30) daysfor Services provided Cityduring thetimeperiod encompassed bysuch invoice. Invoices shall besubmitted onaformcontaining thesame information asthat contained on the Professional Services Invoice attached hereto asExhibit B, incorporated herein bythis reference. City shall pay Professional forallundisputed Services rendered and stated on such invoice within thirtyfive (35) days from thedateofCity’sreceipt ofsame. 5.2 Professional agrees nottoprovide anyServices toCitythatwould cause thetotalcost ofsametoexceed the Estimate, without City’spriorwritten consent. SECTION 6 TERM Unless otherwise terminated inaccordance withthetermination provisions set forth inSection 7.1hereinbelow, this Agreement shall be ineffect from theEffective Date through the satisfactory completion ofservices as 2 Schmidt Associates, Inc. Finance Department - 2025 Appropriation#170110143-404.00Fund; P.O.#118021 Contract NotToExceed $100,000.00 described inthis Agreement. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity orProfessional, without cause, upon thirty (30) days’ notice. 7.1.2 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity, forcause, immediately upon Professional’sreceipt ofCity’s “Notice toCease Services.” 7.1.3 Intheevent offullorpartial Agreement termination, and asfullandcomplete compensation hereunder, Professional shallbepaid forallsuch Services rendered andexpenses incurred asofthe dateoftermination thatare not indispute, except that such payment amount shall notexceed the Estimate. Disputed compensation amounts shall beresolved asallowed bylaw. 7.2 Binding Effect CityandProfessional, andtheir respective officers, officials, agents, partners and successors ininterest are bound totheother astoallAgreement terms, conditions andobligations. 7.3 NoThird Party Beneficiaries Nothing contained herein shall beconstrued togiverights orbenefits toanyone other than theparties hereto. 7.4 Relationship Therelationship ofthe parties hereto shall be asprovided for inthis Agreement, and neither Professional nor anyofitsagents, employees orcontractors areCity employees. Professional shall have thesole responsibility topay toorforitsagents, employees and contractors allstatutory, contractual andother benefits and/or obligations asthey become due. Professional hereby warrants andindemnifies Cityforand fromany andall costs, fees, expenses and/ordamages incurred by City asaresult ofany claim forwages, benefits orotherwise byany agent, employee orcontractor ofProfessional regarding orrelated tothesubject matter ofthis Agreement. This indemnification obligation shall survive thetermination ofthisAgreement. 7.5 Insurance 7.5.1 Professional shall, as acondition precedent tothisAgreement, purchase and thereafter maintain such insurance aswill protect itand Cityfromthe claims set forth below which mayarise out oforresultfrom Professional'soperations under thisAgreement, whether such operations bebyProfessional orbyits subcontractors orbyanyone directly orindirectly employed byanyofthem, orbyanyone directly forwhose acts anyofthem may be liable: 1) Claims under Worker'sCompensation andOccupational Disease Acts, andanyother 3 Schmidt Associates, Inc. Finance Department - 2025 Appropriation#170110143-404.00Fund; P.O.#118021 Contract NotToExceed $100,000.00 employee benefits actsapplicable tothe performance ofthe work; 2) Claims for damages because ofbodily injury and personal injury, including death, and; 3) Claims fordamages toproperty. Professional'sinsurance shall benotlessthantheamounts 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 toRented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal andAdvertising 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 andaggregate) D. Worker'sCompensation & Disability Statutory E. Employer’sLiability: Bodily Injury byAccident/Disease: $100,000eachemployee Bodily Injury byAccident/Disease: $250,000eachaccident Bodily Injury byAccident/Disease: $500,000 policylimit F. Professional Liability Insurance. TheProfessional shall carryand maintain during the continuance ofthis Agreement, professional liability insurance inthe amount of 4 Schmidt Associates, Inc. Finance Department - 2025 Appropriation#170110143-404.00Fund; P.O.#118021 Contract NotToExceed $100,000.00 2,000,000forsingle limitclaims and $3,000,000 inthe aggregate. The Professional's policy ofinsurance shall contain prior acts coverage sufficient tocover allServices performed bytheProfessional for thisProject. Upon City'srequest, Professional shall giveprompt written notice toCity ofany and allclaims made against this policy during the period inwhich this policy isrequired tobemaintained pursuant tothisAgreement. Iftheinsurance iswritten onaclaims-made basis and coverage iscancelled atany time, theProfessional willobtain, atitscost, anextended reporting endorsement which provides continuing coverage forclaims based upon alleged actsoromissions during the term ofthe Agreement untilallapplicable statute oflimitation periods have expired. 7.5.2 Professional shall provide theCity with acertificate ofinsurance, naming theCity asan additional insured," showing such coverage then inforce (but notless than theamount shown above) shallbefiled with City prior tocommencement ofanywork. These certificates shallcontain aprovision that the policies andthecoverage afforded willnotbecanceled until atleast thirty (30) daysafter written notice hasbeen given toCity. 7.5.3 Professional may, withtheprior approval ofthe City, substitute different types ofcoverage for those specified if thetotal amount ofrequired protection isnot reduced. Professional shall be responsible foralldeductibles. 7.5.4Nothing intheabove provisions shall operate as orbeconstrued as limiting theamount ofliability ofProfessional tothe above enumerated amounts. 7.6 Liens Professional shall notcause orpermit the filing ofanylienonanyofCity’sproperty. Inthe event such alien is filed andProfessional fails to remove itwithin ten (10) days afterthe date offiling, Cityshallhave therightto payorbondoversuch lienatProfessional’ssole costandexpense. 7.7 Default Inthe event Professional: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis Agreement, including Professional’swarranties; (b) fails toperform theServices asspecified; (c) failstomake progress soastoendanger timely and proper completion oftheServices and does not correct such failure or breach within five (5) business days after receipt ofnotice from Cityspecifying same; or (d) becomes insolvent, files, orhas filed against it, apetition forreceivership, makes ageneral assignment forthebenefit of creditors ordissolves, each such event constituting anevent ofdefault hereunder, City shall have theright toterminate alloranypartofthis Agreement, without liability toProfessional andtoexercise anyother rights orremedies available toitatlaworinequity. 7.8 Government Compliance Professional agrees tocomply with alllaws, executive orders, rules andregulations applicable toProfessional’s performance ofitsobligations under thisAgreement, allrelevant provisions ofwhich being hereby incorporated herein bythisreference, tokeep allofProfessionals’ required professional licenses and certifications valid and 5 Schmidt Associates, Inc. Finance Department - 2025 Appropriation#170110143-404.00Fund; P.O.#118021 Contract NotToExceed $100,000.00 current, andtoindemnify and hold harmless Cityfrom any andalllosses, damages, costs, liabilities, damages, costs andattorney fees resulting from anyfailure byProfessional todo so. This indemnification obligation shall survive thetermination ofthis Agreement. 7.9 Indemnification Professional shallindemnify and holdharmless Cityand itsofficers, officials, employees andagents fromall losses, liabilities, claims, judgments andliens, including, but notlimited to, alldamages, costs, expenses and attorney fees arising outofanyintentional ornegligent act oromission ofProfessional and/or anyofits employees, agents orcontractors inthe performance ofthisAgreement. This indemnification obligation shall survive thetermination ofthis Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that itand each ofitsemployees, agents andcontractors shall comply withallexisting and future laws prohibiting discrimination against anyemployee, applicant foremployment and/orother person inthesubcontracting ofworkand/orintheperformance ofany Services contemplated by thisAgreement with respect tohire, tenure, terms, conditions orprivileges ofemployment orany matter directly orindirectly related toemployment, subcontracting orwork performance hereunder because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status orVietnam eraveteran status. This indemnification obligation shall survive thetermination ofthis Agreement. 7.11 E-Verify Pursuant toI.C. § 22-5-1.7etseq., Professional shall enroll inandverify thework eligibility status ofallof its newly-hired employees using the E-Verify program, ifithasnotalready done soasofthedate ofthis Agreement. Professional isfurther required toexecute the attached Affidavit, herein referred toasExhibit C, which isanAffidavit affirming that: (i) Professional isenrolled and isparticipating inthe E-Verify program, and ii) Professional does notknowingly employ any unauthorized aliens. This Addendum incorporates by reference, andinitsentirety, attached Exhibit C. Insupport oftheAffidavit, Professional shall provide theCity withdocumentation thatithas enrolled andisparticipating inthe E-Verify program. ThisAgreement shall not take effect untilsaidAffidavit issigned byProfessional and delivered tothe City’sauthorized representative. Should Professional subcontract forthe performance ofany work under this Addendum, the Professional shall require anysubcontractor(s) tocertify byaffidavit that: (i) the subcontractor does not knowingly employ orcontract with anyunauthorized aliens, and (ii) the subcontractor hasenrolled and is participating inthe E-Verify program. Professional shall maintain acopy ofsuch certification fortheduration of theterm ofany subcontract. Professional shallalsodeliver acopy ofthe certification tothe City within seven 7) daysoftheeffective date ofthe subcontract. If Professional, orany subcontractor ofProfessional, knowingly employs orcontracts with any unauthorized aliens, orretains anemployee orcontract with aperson thatthe Professional orsubcontractor subsequently learns isanunauthorized alien, Professional shall terminate theemployment oforcontract with theunauthorized alien within thirty (30) days (“Cure Period”). Should the Professional oranysubcontractor of Professional failtocurewithin theCure Period, the City hasthe right toterminate thisAgreement without consequence. TheE-Verify requirements ofthisAgreement will notapply, should theE-Verify program ceasetoexist. 6 Schmidt Associates, Inc. Finance Department - 2025 Appropriation#170110143-404.00Fund; P.O.#118021 Contract NotToExceed $100,000.00 7.12 Severability Ifany provision ofthisAgreement isheldtobeinvalid, illegal orunenforceable byacourt ofcompetent jurisdiction, thatprovision shallbestricken, andallother provisions ofthisAgreement thatcanoperate independently ofsame shall continue infullforce and effect. 7.13 Notice Anynotice, invoice, order orother correspondence required orallowed tobesent pursuant tothis Agreement shall bewritten and either hand-delivered orsentbyprepaid U.S. certified mail, return receipt requested, addressed tothe parties asfollows: CITY: CityofCarmel CityofCarmel Finance Department Office ofCorporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 PROFESSIONAL: Schmidt Associates, Inc. 415 Massachusetts Avenue Indianapolis, Indiana 46204 Notwithstanding the above, City may orally provide toProfessional any notice required orpermitted bythis Agreement, provided that such notice shall also then besent asrequired by thisparagraph within ten (10) business daysfrom thedate ofsuch oralnotice. 7.14 Effective Date Theeffective date (“Effective Date”) ofthisAgreement shallbethedate onwhich the lastoftheparties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shallbe governed byandconstrued inaccordance with the laws oftheState ofIndiana, except foritsconflict oflaws provisions, aswell asbyallordinances and codes ofthe City ofCarmel, Indiana. The parties agree that, intheevent alawsuit isfiledhereunder, theywaive anyright toajury trialthey may have, agree tofile such lawsuit inan appropriate court inHamilton County, Indiana only, and agree that such court istheappropriate venue forandhas jurisdiction over same. 7.16 Waiver Anydelay orinaction onthe partofeither party inexercising orpursuing itsrights and/orremedies hereunder 7 Schmidt Associates, Inc. Finance Department - 2025 Appropriation#170110143-404.00Fund; P.O.#118021 Contract NotToExceed $100,000.00 orunder law shall notoperate towaive any such rights and/orremedies nor inanyway affect therights ofsuch partytorequire suchperformance atany time thereafter. 7.17 Non-Assignment Professional shall notassign orpledge thisAgreement nor delegate itsobligations hereunder without City’s priorwritten consent. 7.18 Entire Agreement ThisAgreement contains theentire agreement of andbetween theparties hereto with respect tothe subject matter hereof, and noprioragreement, understanding orrepresentation pertaining tosuch subject matter, written ororal, shall beeffective forany purpose. No provision ofthisAgreement may beamended, added to orsubtracted fromexcept byanagreement inwriting signed by both parties hereto and/ortheir respective successors ininterest. Totheextent anyprovision contained inthis Agreement conflicts with any provision contained inanyexhibit attached hereto, theprovision contained inthisAgreement shallprevail. 7.19 Representation and Warranties Each party hereto represents andwarrants thatitisauthorized toenter intothis Agreement andthat any person orentity executing thisAgreement onbehalf ofsuch party has the authority tobind suchparty ortheparty which theyrepresent, asthecase maybe. 7.20 Headings Allheadings andsections ofthisAgreement areinserted forconvenience only and donotform apart ofthis Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof. 7.21 Advice ofCounsel The parties warrant that they haveread thisAgreement and fullyunderstand it, have hadanopportunity to obtain theadvice andassistance ofcounsel throughout the negotiation ofsame, andenter intosame freely, voluntarily, and without any duress, undue influence orcoercion. 7.22 Copyright City acknowledges that various materials which may beused and/orgenerated byProfessional inperformance ofServices, including forms, jobdescription formats, comprehensive position questionnaire, compensation and classification planandreports are copyrighted. Cityagrees that allownership rights and copyrights thereto lie with Professional, andCity willuse them solely forand on behalf ofits own operations. City agrees thatitwill take appropriate action withitsemployees tosatisfy itsobligations withrespect touse, copying, protection and security ofProfessional’sproperty. 7.23 Personnel Professional represents thatithas, orwill secure atitsownexpense, allpersonnel required inperforming the 8 Schmidt Associates, Inc. Finance Department - 2025 Appropriation#170110143-404.00Fund; P.O.#118021 Contract NotToExceed $100,000.00 services under thisagreement. Such personnel shall not beemployees of orhave anycontractual relationship withCity. Alloftheservices required hereunder willbeperformed byProfessional orunder hissupervision and allpersonnel engaged inthework shall befullyqualified toperform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect toallmatters covered under thisagreement forthree (3) years after theexpiration orearly termination ofthis Agreement. City shall have freeaccess atall proper times tosuch records andtheright toexamine and auditthe same and tomake transcripts there from, and toinspect allprogram data, documents, proceedings andactivities. 7.25 Accomplishment ofProject Professional shall commence, carry on, and complete the project with allpracticable dispatch, inasound economical and efficient manner, inaccordance with theprovisions thereof andallapplicable laws. In accomplishing theproject, Professional shall take such steps asareappropriate toensure that thework involved isproperly coordinated withrelated work being carried onwithin City’sorganization. 7.26 Debarment And Suspension 7.26.1 TheProfessional certifies byentering intothisAgreement thatneither itnor itsprincipals noranyofits subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded fromentering into thisAgreement byanyfederal agency orbyany department, agency orpolitical subdivision oftheState ofIndiana. Theterm “principal” for purposes ofthisAgreement means anofficer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe Professional. 7.26.2 The Professional certifies thatithasverified thestate and federal suspension anddebarment status for allsubcontractors receiving funds under thisAgreement and shall besolely responsible forany recoupment, penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The Professional shall immediately notify theCity ifanysubcontractor becomes debarred orsuspended, andshall, attheCity’s request, take allsteps required bytheCity toterminate itscontractual relationship withthe subcontractor for worktobeperformed under this Agreement. 7.27 Access toPublic Records Act Professional understands andagrees thatany “publicrecord”, as that term isdefined inIndiana Code 5-14-3- 2(m), as amended, that isrelated tothesubject matter ofthisAgreement, whether thesame isinthe possession or control oftheProfessional ortheCity, shall be subject torelease under and pursuant tothe provisions ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, et seq., as amended. 7.28 IranCertification Pursuant toI.C. § 5-22-16.5, theProfessional shallcertify that, insigning thisAgreement, itdoes notengage ininvestment activities within theCountry ofIran. 9 Schmidt Associates, Inc. Finance Department - 2025 Appropriation#170110143-404.00Fund; P.O.#118021 Contract NotToExceed $100,000.00 INWITNESS WHEREOF, the parties hereto have made andexecuted thisAgreement asfollows: CITY OFCARMEL, INDIANA Schmidt Associates, Inc. byandthrough itsBoard ofPublic Works and Safety BY: BY: Laura Campbell, Presiding Officer Authorized Signature Date: Printed Name: Title: James Barlow, Member Date: FID/TIN: Alan Potasnik, Member Date: Date: ATTEST: Jacob Quinn, Clerk Date: 10 May28, 2025 ZacJackson CFO/Controller CityofCarmel OneCivic Square Carmel, Indiana 46032 Re:DRAFTLetterofAgreement CityofCarmel Facilities Assessment 2024-145.000 DearZac Jackson: Wearepleasedtosubmitthis LetterofAgreement forProject Management ServicestotheCity ofCarmelforthecompletion ofassessments ofCity owned buildings. BythisLetterandsubject tothetermsandconditions contained hereinthe CityofCarmel, (Owner) authorizes Waypoint Strategies, Inc., (Waypoint Strategies) toundertakethe Services asdescribed inthisLetter. Direction willbeprovidedbyZacJacksononbehalfoftheCityofCarmel. SCOPEOFTHEPROJECT ThisCityofCarmel ownsapproximately 65buildings ofvarious sizes and functions throughout thecityofCarmel. Inordertoprovide appropriate financial planning opportunities, theCityofCarmel wishes tohavebuilding assessments completed onthesebuildings. Toassistwiththiseffort, Waypoint Strategies willprovideprogram andprojectmanagement services in thecompletion offacilities condition assessments byawidevariety ofteams, inclusiveoftheWaypoint Strategies team. Theteamwillestablish standardized datapointsforcollectionand prioritization criteria andwill manage coordination ofconsultant teamsanddataaggregation asapartof these services. SCOPEOF THESERVICES Programmatic Assessment Criteria o Establish assessment program criteria, toinclude: Standardized elements forcollection Inclusion ofanyuniqueorspecificdatapointsbased uponconversations withtheCityofCarmel leadership. o Existingbuilding anddatareview(plansetc.) Documentbuilding types, age, size, andquantity Contracted Assessment Coordination o Training DRAFTLettertoZacJackson CityofCarmel Facilities Assessment May28, 2025 Page2 o Scheduling o Follow-up o Dataintegration Additional Assessment Coordination oInternal teammanagement 3-5yearcapital planning o Establish prioritization criteria o Extrapolate Dataacross buildingsnotcompleted o Createpreliminary multi-yearcapitalplan Assessments willbeconducted atthemid-levelasestablished intheattached Assessment Scope document. Baseduponthereview oftheproject andthecurrent understanding ofproject management expectations, Waypoint Strategies anticipates completing anadditional 15building assessments onbuildings upto20,000sq. ft. DELIVERABLES Facility Condition Assessment (SCOPE) Preliminary Multi-YearCapitalPlan SCHEDULE OFACTIVITIES ActivityTimeline ProjectKick-Off & Establish Assessment July - August2025 Criteria Assessments –Contracted & Internal August–November2025 Data AggregationDecember2025 3-5Year Capital PlanningJanuary2026 ASSUMPTIONS/CLARIFICATIONS Information furnished byothers isassumed tobetrue, correct, andreliable. Areasonable effort hasbeenmadetoverify suchinformation; however, Waypoint Strategiesassumes no responsibility foritsaccuracy. DRAFTLettertoZacJackson CityofCarmel Facilities Assessment May28, 2025 Page3 Newinformation orunforeseen conditions thatrequire services beyond thoseindicated inthis Letterwillbeidentified asAdditional Services andmaybesubjecttoanadjustment inthe scheduleand/orfee. Writtenauthorization fromtheOwnerisrequired prior toperforming any Additional Services. TheCityofCarmel isexpected toholdallcontracts forfacilitycondition assessments beyond thosebeingprovided byWaypoint Strategies, andtheCityofCarmelwillassistinthe management ofcontracted consultants forthepurposesofmaintaining andbuilding relationships. Thebuilding assessment willincludeanassessment ofthebuilding structures andbuilding relatedmechanical, electrical, andplumbingsystems. Theassessment willnotincludean assessment ofthewater, wastewater, sewer orothersystemcomponents ofutilityservices. FEEAND PAYMENT Thefeewillbe$95,000billed inevenmonthly increments across theplanned7months ofthis contract: July2025 –January2026. Additional services requested bytheOwner willbebilled according toWaypoint Strategies’currentHourly RateSchedule. Acopyisattached. Reimbursed expenses include mileage, printing, andOwnerauthorized costsrelatedtotravel, testingand/orpermitting. Reimbursed expenseswillbebilledatcosttimes1.10. Reimbursed expenses areestimated tobelessthan $200/monthand willnotexceed $5,000totalwithout consent fromtheowner. Thefeewillbebilled monthly. Payments aredueandpayablethirty(30)daysfromthedateof theinvoice. Amountsunpaidforty-five(45) daysafter theinvoice dateshallbearinterest atthe rateof1.5% permonth. ADDITIONAL TERMS Waypoint Strategiesis notresponsible foranyloss, damage orliabilityarising fromnegligent actsbyanypersonsorcompanies other thanemployees orconsultants ofWaypoint Strategies. ItisagreedthatanyliabilityofWaypoint Strategiesis limited totheamount ofthefee. Further, Waypoint Strategies’ responsibility andliability islimitedtotheOwner. Theusebythirdparties ofdocuments andelectronic datapreparedasapartofthisAgreement withouttheknowledge andconsentofWaypoint Strategiesshall beattheriskoftheOwner and/orthethirdparties. IftheOwnercancelsthisAgreement, theOwner agreestopaytotheWaypoint Strategiesupon noticeofcancellation foranytimeorcostsincurred beforereceiptofsaidnotice. Should either DRAFTLettertoZacJackson CityofCarmel Facilities Assessment May28, 2025 Page4 partyofthisAgreement institute legalproceedings because ofallegedfailuretoperform in accordance withitsterms, thepartyagainstwhomjudgment isrenderedshallpayforallcosts, bothlegalandotherwise, incurred bytheother duringsaidaction. Please indicateyour acceptance ofthetermsandconditions ofthisLetterbysigning and returning onecopyofthisAgreement. Receipt oftheexecuted Letter willserveasour authorization toproceedwiththeWork. AlsoenclosedistheIndianaDepartmentof Revenue GeneralSalesTaxExemption Certificate whichshouldbefilledoutandiftaxexempt, the appropriate reasoncodeshouldbechecked. Pleasereturnthisformwiththeexecuted Letterof Agreement. Thankyouforthisopportunity tobeofservice. Sincerely, WAYPOINT STRATEGIES ADivisionofSchmidtAssociates Sarah HempsteadAudra Blasdel President & CEODivision Lead shempstead@schmidt-arch.comablasdel@waypoint-strat.com Accepted:______________________________________________________________ Signature)(Date) Printed name and title) IJHI!MFWFMNJE!MFWFMEFUBJMFE! GBDJMJUZ!BTTFTTNFOU!TDPQF!! EFGJOF!WJTJPO0QSPKFDU!TFUVQ Qspkfdu!Tfuvq!.!Tdifevmf-!Dpnnvojdbujpot-!Efmjwfsbcmft Hbuifs!Jogpsnbujpo BTTFTTNFOU!,!PCTFSWBUJPO Cbtjd!Cvjmejoh!Ebub!.!TG-!Bhf-!Cvjmejoh!Uzqf Qspkfdut!Dpnqmfufe!jo!Mbtu!6.21!Zfbst Qspkfdut!Qspkfdufe!jo!Ofyu!6.21!Zfbst Mjtu!pg!Tztufn!Sfqmbdfnfou!Ebuft!)j/f/-!Sppg-!IWBD-!Gjsf!Bmbsn* BTTFTTNFOU!DPNQPOFOUT Qsf.Bttfttnfou!Tvswfz Qsf.Bttfttnfou!Nffujoht!xjui!Gbdjmjujft!Ufbn Mfwfm!2;!Hfofsbm!Dpoejujpo0Qsfejdujwf!)Tnbmm!Ufbn!.!2!Bsdijufdu02!Fohjoffs>3!Upubm*!>!41.56!njo0cmeh Mfwfm!3;!Tztufn!cz!Tztufn!Fwbmvbujpo!)Nfejvn!Ufbn!.!2!Tjuf02!Bsdijufdu03!Fohjoffst!.!N,F>5!Upubm*!>!2.3!is0cmeh Mfwfm!4;!Tztufn!cz!Tztufn!,!Sppn!cz!Sppn!Fwbmvbujpo!)Gvmm!Ufbn!.!D-B-J-N-F-Q!>!7!Upubm*!>!5.7!is0cmeh Frvjqnfou!Jowfoupsz!Mjtu Ufdiopmphz!Bttfttnfou BTTFTTNFOU!TDPSJOH Tztufn!Sbujoh!Pomz Cvjmejoh!Sbujoh-!Tztufn!Sbujoh-!Dpoejujpo!Sbujoh JEFOUJGZ!LFZ!PCKFDUJWFT Jefoujgz!Lfz!Qspkfdut Efwfmpq!Pqujpot Efwfmpq!Qsfmjnjobsz!Dptu!pg!Pqujpot Sfwjfx!Nbtufs!Qmbo!Pqujpot Efwfmpq!Dptu0Qibtjoh!Npef EFMJWFSBCMFT Xsjuufo!Sfqpsu!.!Fyfdvujwf!Tvnnbsz Joufsbdujwf!Tdpqf!.!Cbtjd!)Tvnnbsz!Qbhf-!Tvjubcjmjuz!Tdpsf!Tpsu-!Dptu!Tpsu* Joufsbdujwf!Tdpqf!.!Foibodfe!)Joufsbdujwf!Nbq-!Tpsu!cz!Cvjmejoh0Tztufn0Qspkfdu* Mjwf!Dptu!Tqsfbetiffu!xjui!Sbx!Ebub EXHIBIT B Invoice Date: Name ofCompany: 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 being firstduly sworn, deposes andsaysthat he/she isfamiliar with and haspersonal knowledge ofthe facts herein and, ifcalled asawitness inthis matter, could testify asfollows: 1. Iam over eighteen (18) years ofage andamcompetent totestify tothefacts contained herein. 2. Iam now and atall times relevant herein have been employed by the “Employer”) inthe position of ______________________________________. 3. Iam familiar with the employment policies, practices, and procedures of the Employer and have theauthority toactonbehalf oftheEmployer. 4. The Employer is enrolled and participates inthe federal E-Verify program and has provided documentation ofsuch enrollment and participation to theCity ofCarmel, Indiana. 5. The Company does notknowingly employ anyunauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED onthe _________day of __________________________, 20___. Printed:_____________________________ Icertify under the penalties forperjury under thelaws ofthe United States ofAmerica and theState of Indiana that the foregoing factual statements and representations aretrueand correct. Printed: _____________________________ 7/18/2025 SCHMIDT ASSOCIATES INC INDIANAPOLIS, IN 46204 - 118021 415 MASSACHUSETTS AVE 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 ASSESSMENTS OF CITY BUILDINGS Finance Dept 1 Civic Square Carmel, IN 46032- 378494 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 103164 1701Department:101Fund:General Fund 43-404.00Account: Assessments of CityBuildings1 $100,000.00 $100,000.00Each 100,000.00SubTotal 100,000.00 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. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 118021 ORDERED BY TITLE Finance Dept 1 Civic Square Carmel, IN 46032- Dianne Walthall Zac Jackson Deputy Director CFO City of Carmel Project 25-STR-01: 106th Street over Keystone Pkwy Bridge Beam Replacement CCHANGE ORDER #2 x Extended dates of substantial and final completion due to additional work to repair coping at 106th Street and Carmel Drive. The revised substantial completion will be July 18, 2025 and the final completion will be August 25, 2025. x Add pay items on a separate PO for added work by Carmel Street Department – work includes refurbished railing, repair coping work on NB and SB of 106th Street at Keystone Pkwy, repair work on SB Carmel Drive at Keystone Pkwy, additional MOT items for added coping work, add graffiti coating on all masonry coatings for project and added masonry coating for the brick inlay on the 106th Street railing to match the new brick inlay. Contract Price prior to this Change Order $939,658.97 Contract Price will be changed by this Change Order $132,470.12 New Contract Price including this Change Order $1,072,129.09 Amount Adjusted Contract Price Cumulative % Change from Original Contract Original Contract $939,658.97 N/A N/A CO1 $0.00 $939,658.97 0.0% CO2 $132,470.12 $1,072,129.09 14.1% CITY OF CARMEL TO: CONTRACT CHANGE ORDER NO.: DATE: PROJECT NAME: CITY REQ. NO.: CITY PO NO.: CITY PO DATE: I. You are directed to make the following changes in this Contract: SCHEDULED ADJUSTMENT ITEM AMOUNT (+) 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 Contract Price will be increased by this Change Order New Contract Price including this Change Order Contract Time prior to this Change Order Days Closure 7/4/2025 Substantial Completion Date Contract Time prior to this Change Order 8/11/2025 Final Completion Date Net increased resulting from this Change Order 14 Days Current Contract Time including this Change Order Days Closure 7/18/2025 Substantial Completion Date Current Contract Time including this Change Order 8/25/2025 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. Ryan Murt 2 Project Manager July 21, 2025 Carmel Street Department 106th/Keystone Bridge Beam 3400 W. 131st Street Carmel, IN 46074 1.) Extended dates of substantial completion and final completion due to additional work to repair coping at 106th Street and Carmel Drive. The revised substantial completion date will be July 18, 2025 and the final completion date will be August 25, 2025. 2.) Add pay items on a separate PO for added work by Carmel Street Department - work includes refurbished railing, repair coping work on NB and SB of 106th Street at Keystone Pkwy, repair coping work on SB Carmel Drive at Keystone Pkwy, additional MOT items for coping repair work, add graffiti coating on all masonry coatings for project and added masonry coating for the brick inlay on the 106th Street north railing to match the color of the new brick inlay. 939,658.97$ 132,470.12$ 1,072,129.09$ The Above Changes Are Recommended The Above Changes Are Accepted Approved American Structurepoint, Inc. Rieth-Riley Construction Co., Inc. ENGINEER CONTRACTOR Laura Campbell, Presiding 9025 River Road, Suite 200 1751 W. Minnesota Street Address Address Jim Barlow, Member Indianapolis, IN 46240 Indianapolis, IN 46221 City/State/Zip City/State/Zip Alan Potasnik, Member Ryan Murt, CSD Project Manager By:____________________ By:____________________ ATTEST: Phone:_________________ Phone:_________________ Jacob Quinn, City Clerk Date:___________________ Date:___________________Date:___________________ ________________ 317-281-9563 07-21-2025 Michael A Jaskela, Area Manager _________________317-634-5561 _________________07/22/2025 Michael A Jaskela Digitally signed by Michael A JaskelaDN: C=US, E=mjaskela@rieth-riley.com,O=Rieth-Riley Construction, CN=Michael A JaskelaDate: 2025.07.22 10:25:02-04'00' 116556,116885,116753,118038 03/06/25; 06/13/25; 05/12/25; 07/22/25 $#"%! %.68>*5*7-:.95*,.6.7<8/<?8-*6*0.-9:.,*;<+.*6;8>.:<1." 87<1. <1&<:..<8>.: .A;<87.$*:4?*A+:2-0. 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zTfshfzHsfdivlijobu9;65bn-Kvm41-3136 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 thereof. 3.3 Final Payment. Final payment, constituting theentire unpaid balance ofthe Contract Price, including anyretainage, shall bepaid byCity toContractor within ninety-one (91) days after ithasbecome due and payable. Final payment toContractor shallnot become due and payable until and unless all Goods andServices are delivered, and allWork fortheProject isotherwise fully completed and performed inaccordance with theContract Documents and issatisfactory toandapproved byCity. 3.4 Effect ofFinal Payment. The making offinalpayment shall constitute awaiver ofClaims byCity except those arising from: a. Liens, claims, security interests orencumbrances arising outoftheContract andunsettled; b. Failure ofthe Work tocomply withthe requirements oftheContract Documents; c. Terms ofspecial warranties required bytheContract Documents; d. Claims previously made inwriting andremaining unsettled asofthedate offinalpayment; e. Claims byCityattributable todefective work orprior corrective work, appearing after final inspection; f. Failure ofthe Work tocomply withthe requirements oftheContract Documents; g. Cityclaims and other rights arising under theterms ofanygeneral orspecial warranties, guarantees ormaintenance bonds specified bytheContract Documents orarising thereunder; and h. City claims andotherrights with respect toContractor’sandSurety’scontinuing obligations under theContract andtheContract Document. 3.5 Acceptance byContractor ofanysum tendered by Cityasfinal payment shall constitute awaiver of allclaims by Contractor withrespect tothisAgreement, except those claims authorized bythis Agreement, previously made inwriting and submitted inatimely manner, and specifically identified and reserved byContractor asunresolved intheapplication for finalpayment. 4. CONTRACT DOCUMENTS: 4.1 Scope ofWork. Contractor agrees toprovide alllabor, goods, material, shipping, receiving, supervision, services, supplies, machinery, equipment, storage and any necessary rigging as required forthe Project assetforth inthe attached Exhibit “A” andanyreferences, addenda and/or attachments thereto, Project Manual (ifapplicable), CityofCarmel General Conditions, Cityof Carmel Supplementary Conditions, andallapplicable Drawings andSpecifications (collectively Contract Documents”), allofsuch Contract Documents are fully incorporated herein. Contractor acknowledges thatallreferenced Contract Documents are apartofthisAgreement. 4.2 Contractor Site andDocument Review. Contractor acknowledges that ithashad anadequate opportunity toexamine sufficiently toitssatisfaction the site oftheWork andto review and/orobtain copies oftheContract Documents andtobecome fullyfamiliar withthem, and that itshallnot be excused from anyconditions existing and detectable atthe site oranyprovisions set forth inthe Contract Documents due toanylack ofknowledge orunderstanding ofthe existence orcontents thereof atthetime ofexecuting thisAgreement. Contractor acknowledges theContract Documents tobesuitable for Contractor’sWork and sufficient for their intended purpose, andagrees toperform theWork and tocomplete thesame forthe Contract Price and within theProject timeline, infulland strictaccordance with theContract Documents and toCity’ssatisfaction, and thatitwillperform the 2 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 Work so asnot toviolate any term, covenant orcondition ofthe Contract Documents orapplicable codes and laws. 4.3 AllDrawings, Specifications andother items defined herein asContract Documents that have been prepared forthe Project and furnished toContractor byoronbehalf ofCityorother third party are without any representation or warranty bytheCity astothe acceptability, accuracy orsuitability thereof fortheWork. Citymakes norepresentation orwarranty toContractor concerning the acceptability, accuracy orcompleteness oftheContract Documents orother information anddata prepared bypersons other thanCity, and accordingly, City shall have noliability toContractor with respect toanypatent orlatent defects, deficiencies, errors andomissions therein. 4.4 Contractor represents thatithasreviewed the Contract Documents, visited thesite and provided City with written notice ofanyconcerns ornecessary clarifications resulting fromthese reviews and investigations priortosubmitting itsproposal orbidtoCityandexecuting thisAgreement. Contractor waives therighttorequest andincrease inthe Contract Priceorextension oftheProject completion deadline asaresult ofitsfailure toraisesuch concerns orclarifications with City. 4.5 Intent oftheContract Documents. The Contract Documents shall be deemed toinclude andrequire allitems andaspects oflabor, material, equipment, services and transportation incidental toor necessary fortheproper and efficient execution and completion oftheWork as itrelates tothe Project. The Contract Documents are complementary, andwhat isrequired by any onedocument shall beasbinding asifrequired byall. Work notspecifically covered intheContract Documents or which issubject toquestion andinterpretation because ofconflicts, duplications orambiguities may, atCity'soption, berequired of Contractor ifitisconsistent therewith and isreasonably inferable therefrom asbeing necessary toproduce the results intended bythisAgreement. Assuch, anypart ofthe Work shown onDrawings butnotspecifically mentioned intheSpecifications orviceversa shall beconsidered aspartofthe Work, thesame as though included inboth. 4.6 Shop Drawings and Submittals. Contractor shall submit shop drawings, product data, samples and similar submittals required bytheContract Documents with reasonable promptness and insuch sequence as tocause nodelayintheWork orintheactivities ofothercontractors orsubcontractors. IfContractor shall make changes indesign, including dimensional changes, either through shop drawings oractual field work, itshall accept the responsibility forthe structural and functional adequacy ofsuch changes and their acceptance byCity orProject’sarchitect. Any structural or functional inadequacies which maydevelop because ofsuch changes shall beremedied by Contractor unless such change isspecifically included inachange order. 4.7 Taxes. Asapublic, municipal entity, theCity ofCarmel, and its various departments, areexempt fromsales and compensating use taxes onalltangible personal property (materials, equipment and components) pursuant tothelawoftheState ofIndiana. Contractor shall notinclude any charges representing suchtaxes on anyinvoices hereunder. Contractor shall beresponsible forallfranchise fees andtaxes ofany kind whatsoever. 5. WARRANTY: 5.1 Inaddition toallwarranties required byContract Documents, Contractor expressly warrants thatthe Goods and Services/theWork covered bythis Agreement willconform tothose certain specifications, descriptions and/orquotations regarding same aswereprovided toContractor byCity and/orby Contractor toand accepted byCity, allofwhich documents areincorporated herein by 3 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 reference, and thattheGoods andServices/the Work will be delivered and/orperformed inatimely, goodand workmanlike manner andfreefrom defect. Contractor acknowledges thatitknows ofCity’s intended use andexpressly warrants that theGoods andServices provided toCity pursuant tothis Agreement havebeen selected by Contractor based upon City’sstated useandarefitand sufficient fortheirparticular purpose. 5.2 Further, Contractor warrants toCitythatmaterials and equipment furnished under theContract Documents willbe ofthebestquality andnew unless theContract Documents require orpermit otherwise. The performance oftheWork shall not limit, voidorotherwise compromise ordiminish anyequipment ormanufacturer warranty thatistobeissued under theContract Documents. Goods, Work, materials, orequipment not conforming tothese requirements may beconsidered defective. Contractor’swarranty excludes remedy fordamage ordefect caused byabuse, alterations tothe Work notexecuted byContractor, improper orinsufficient maintenance, improper operation, or normal wear andtear and normal usage. Ifrequired bythe City, theContractor shall furnish satisfactory evidence astothekind andquality ofmaterials and equipment. 5.3 Contractor shall, atitssole expense, promptly andproperly repair, replace orotherwise correct any Work that is (i) rejected byCity or Architect, or (ii) known, observed ordiscovered atanytimeby Contractor, City orArchitect tobedefective orfailing toconform tothe Contract Documents andshall payCity forallexpenses incurred inany delay caused byremedying defective orotherwise nonconforming Work. 5.4 Ifwithin two (2) years afterfinal completion oftheProject, orsuch longer period asestablished with respect toContractor’sobligations under the Contract Documents, theWork oranyportion thereof is found tobenotinaccordance with the requirements oftheContract Documents, Contractor shall correct itpromptly afterreceipt ofwritten notice from City todoso. Contractor’sobligations under this Section shall survive completion and acceptance oftheWork and Project and termination ofthe Agreement. 5.5 Any and allwarranties whichareavailable onany material orequipment orother service which is partoftheWork willbe provided toCity atnoadditional cost. Upon completion oftheWork, Contractor shall assign toCityall warranties obtained orobtainable byContractor from manufacturers andsuppliers ofequipment andmaterials incorporated into theWork bywritten instrument ofassignment inaformacceptable toCity. Contractor shall furnish City with copies ofall warranties, guarantees, operating manuals relative toequipment installed, and acomplete set of reproducible drawings withallfield changes noted onthem relating totheimprovements constructed under theContract. Theassignment ofsuchmanufacturer andsupplier warranties shall not relieve Contractor ofany ofits ownwarranty obligations under this Article, whichshall remain infullforce and effect. 5.6 Notwithstanding anything tothecontrary contained inContract Documents with respect to warranties, itisunderstood andagreed thatthe foregoing warranties and guarantees shall notaffect, limitorimpair City'srightagainst Contractor with regard tolatent defects inthe Work which donot appear within theapplicable warranty period following acceptance ofthe Work and which could not, bytheexercise ofreasonable care and duediligence, beascertained ordiscovered byCitywithin suchwarranty period. Contractor shall beand remain liable and responsible tocorrect and cure any such latent defects which arereported toContractor byCityinwriting within ninety (90) days after such latent defect first appears orcould, bytheexercise ofreasonable care andduediligence, be 4 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 ascertained or discovered byCity. City’swarranty rights and remedies with respect tolatent defects shall remain infull force and effect andforthe same duration as withany other warranty provided in this Article orotherwise available orprescribed bylaw. 6. TIME AND PERFORMANCE: 6.1 This Agreement shall become effective as ofthelast date onwhich aparty hereto executes same Effective Date”), andboth parties shall thereafter perform their obligations hereunder inatimely manner. Time isoftheessence ofthis Agreement. 6.2 Contractor shall continuously monitor the construction schedule and advise Cityonaregular basis of thestatus ofContractor’sprogress with respect tosuch schedule atany timeCity’srepresentative requests Contractor todoso, including the furnishing ofinformation onthe status ofshop drawings, samples, submittals and materials, machinery orequipment which may be inthecourse of preparation ofmanufacture. 6.3 If, intheopinion ofCity, Contractor isbehind schedule intheperformance oftheWorkorisfailing, without cause, tomaintain progress oftheWork ortoconform tothe general progress ofallwork for the Project, Contractor agrees that itshall, atitsown expense, perform such overtime work, use extralabor, and undertake allother means necessary tobringthe Work back on schedule. 6.4 Ifthere are anyconflicting times ordurations foraction, submissions, notices orresponses thereto byContractor between oramong the Contract Documents, thecontrolling timeorduration for such action, submissions, notices orresponses thereto byContractor shall betheearlier of such times and shorter ofsuch durations, unless Cityexpressly agrees inwriting otherwise. 7. MEANS AND METHODS: Contractor isresponsible forthe means, methods, techniques, sequences orprocedures, and safety precautions and programs inconnection withprovision ofGoods and Services andrelated work under the Contract Documents. Atalltimes during performance oftheWork, Contractor shall maintain and designate toCityadequate, experienced andcooperative supervisory personnel, including afull-time on-siteproject manager orsuperintendent ifrequired by Contract Document orfederal, state orlocal laws, rules and regulations. City shall not have control over orcharge of, andshallnotberesponsible for, means, methods, techniques, sequences orprocedures, orforthesafety precautions andprograms inconnection with the performance oftheWork byContractor andshallnot beresponsible forany omission orfailure onthepartof theContractor toproperly perform itsobligations. Contractor shall beresponsible toCity forContractor’s negligent acts oromissions orfailure toperform. 8. DISCLOSURE AND WARNINGS: Ifrequested byCity, Contractor shall promptly furnish toCity, insuch form anddetail asCity may direct, alist ofallchemicals, materials, substances and items used inorduring theprovision oftheGoods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. Atthetimeofthe delivery oftheGoods andServices provided hereunder, Contractor agrees tofurnish toCity sufficient written warning and notice (including appropriate labels oncontainers and packing) ofanyhazardous material utilized inorthatisapart ofthe Goods and Services. 9. PROTECTION OFWORK: Contractor shall atitsown expense takeallnecessary precautions toprotect thework ofother trades from anydamage caused byContractor’soperations, and watch over, care forandprotect from damage orinjury 5 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 byanycause whatsoever, allofContractor’sWork, complete orotherwise, and allofitsmaterials, supplies, tools, machinery and equipment atornear theProject. 10. SUBCONTRACTS: Byappropriate agreement, written where legally required forvalidity, Contractor shall require each subcontractor, totheextent oftheWork to beperformed bythe subcontractor, to bebound toContractor by terms oftheContract Documents, and toassume toward Contractor alltheobligations andresponsibilities, including theresponsibility for safety ofContractor’sWork, which Contractor, by theseContract Documents, assumes toward City. Each subcontract agreement shall preserve andprotect therights ofCityunder the Contract Documents with respect tothe Work tobeperformed bysubcontractor so that contracting thereof willnotprejudice such rights, andshall allow tosubcontractor, unless specifically provided otherwise inthe contract agreement, the benefit ofallrights, remedies and redress against Contractor that Contractor, bythe Contract Documents, hasagainst City. Where appropriate, Contractor shall require each subcontractor to enter intosimilar agreements withitssubcontractors. 11. LIENS: Contractor shall notcause orpermit thefiling ofany lien on any ofCity’sproperty. In theevent any such lien isfiled and Contractor failstoremove such lien within ten (10) daysafter thefiling thereof, bypayment or bonding, Cityshall have theright topaysuch lienor obtain such bond, allatContractor’ssole costand expense. 12. DEFAULT: Intheevent Contractor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis Agreement, including Contractor’swarranties; (b) failstoprovide the Goods andServices as specified herein; (c) failstomake progress soastoendanger timely andproper provision ofthe Goods and Services and does notcorrect such failure orbreach within five (5) business days (orsuch shorter period oftime asis commercially reasonable under the circumstances) after receipt ofnotice from City specifying such failure or breach; or (d) becomes insolvent, is placed intoreceivership, makes ageneral assignment forthebenefit of creditors ordissolves, eachsuch event constituting anevent ofdefault hereunder, Cityshall have the rightto 1) terminate allorany parts ofthisAgreement, without liability toContractor; and (2) exercise allother rights and remedies available toCityatlaw and/orinequity. 13. INSURANCE AND INDEMNIFICATION: 13.1 Contractor shall procure and maintain infull force and effect during thetermof this Agreement, with an insurer licensed todobusiness intheState ofIndiana, such insurance asisnecessary fortheprotection ofCityand Contractor fromallclaims fordamages under any workers’ compensation, occupational disease and/orunemployment compensation act; forbodily injuries including, but notlimited to, personal injury, sickness, disease ordeath ofortoany of Contractor’sagents, officers, employees, contractors and subcontractors; and, forany injury toordestruction ofproperty, including, but notlimited to, anyloss ofuse resulting therefrom. Thecoverage amounts shall benoless than those amounts set forth inattached Exhibit C. Contractor shall cause itsinsurers toname City asanadditional insured onallsuch insurance policies, shallpromptly provide City, upon request, with copies ofallsuch policies, and shall provide that such insurance policies shall not becanceled without thirty (30) days prior notice toCity. Contractor shall indemnify andhold harmless City from andagainst any and allliabilities, claims, demands orexpenses including, butnot limited to, reasonable attorney fees) forinjury, death and/ordamages toany person or property arising from orinconnection withContractor’sprovision ofGoods andServices pursuant toorunder this Agreement orContractor’suse ofCity property. 6 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 13.2 Notwithstanding any other provision ofthisAgreement tothecontrary, should anypolicy required by theContract Documents becanceled orotherwise terminated before thecompletion of theWork hereunder, Contractor shallexertallreasonable efforts toprocure andmaintain inforce similar insurance from insurers satisfactory toCity and provide certificates ofsuch insurance toCity upon itswritten request. Should Contractor failorneglect toprovide the required insurance, orallow anyrequired coverage tolapse, City shall havethe right, but nottheduty, toprovide such insurance anddeduct the costthereof from anymoney due toContractor any andallpremiums paid byCityforandonaccount ofsaid insurance. Thepolicy or policies, and each certificate ofinsurance, shall further provide thatthe insurance willnot becancelled bythe Insurer orthelimitsofliability reduced byendorsement prior toatleast thirty (30) days after written notice by certified mail ofsuchcancellation orchange has been provided bytherespective insurer toCity. No less than fourteen (14) daysprior tothe expiration, cancellation ortermination ofany suchpolicy, Contractor shall supply City with anewandreplacement Certificate ofInsurance and Additional Insured endorsement as proof ofrenewal oftheoriginal policy andcoverage, with suchneworreplacement policy andendorsements inthesame manner and forthesame coverage and amounts infavor ofCity assetforth inthisParagraph. 13.3 Indemnity. Tothefullest extent permitted bylaw, Contractor shall indemnify, hold harmless and defend City andallofitsofficers, directors and employees, fromand against allclaims, suits, demands, causes ofaction, damages, losses, costs andexpenses, including reasonable attorney'sandContractor’s feesand expenses, butonlytothe extent caused byContractor’snegligent performance oftheWork under thisAgreement, oroccasioned byanybreach ornonperformance ofitsterms, provided thatanysuchclaim, suit, demand, cause ofaction, damage, loss, cost, fees orexpense: (a) isattributable tobodily injury, sickness, disease ordeath, orpatent infringement, orinjury toordestruction oftangible orrealproperty, including thelossofusethereof andconsequential damages resulting therefrom, orisattributable to damages fromeconomic harm orloss; and (b) iscaused inwhole orinpart byany negligent actoromission, wrongful act, orotherbreach ofduty ofContractor oranyone directly orindirectly employed byitoranyone forwhose acts itmaybeliable, regardless ofwhether such claim, suit, damage, loss, cost orexpense is caused inpart byanyjoint, several orcomparative, butnot sole, negligent act oromission, ofCity. 13.4 The foregoing obligations ofContractor shallnotbeaffected orlimited inanyway byanyinsurance required ofor provided to Contractor under the Agreement. The indemnification and hold harmless obligations asprovided herein shall not negate, abridge orotherwise reduce any other right andremedy of City orobligation ofindemnity by Contractor which would otherwise exist infavor ofCity under this Agreement. 14. GOVERNMENT COMPLIANCE: Contractor agrees tocomply with allfederal, state and local laws, executive orders, rules, regulations and codes which may beapplicable toContractor’sperformance ofitsobligations under thisAgreement, andall relevant provisions thereof areincorporated herein bythis reference. Contractor agrees toindemnify and hold harmless City from any loss, damage and/orliability resulting from anysuch violation ofsuch laws, orders, rules, regulations andcodes. This indemnification obligation shall survive thetermination ofthis Agreement. 15. NONDISCRIMINATION: Contractor represents and warrants that itand allofitsofficers, employees, agents, contractors and subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of employment and any other matter related totheiremployment orsubcontracting, because ofrace, religion, 7 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam eraveteran status. 16. E-VERIFY: Pursuant toI.C. § 22-5-1.7etseq., asthesame may beamended from time totime, and asisincorporated herein bythis reference (the “Indiana E-Verify Law”), Contractor isrequired toenroll inand verify thework eligibility status ofits newly-hired employees using theE-Verify program, andtoexecute the Affidavit attached herein asExhibit D, affirming that itisenrolled andparticipating intheE-verify program and does not knowingly employ unauthorized aliens. Insupport oftheAffidavit, Contractor shall provide theCity with documentation indicating that ithasenrolled and isparticipating inthe E-Verify program. Should Contractor subcontract fortheperformance ofanywork under andpursuant tothis Agreement, it shall fully comply with theIndiana E-Verify Law as regards each suchsubcontractor. Should theContractor orany subcontractor violate the Indiana E-Verify law, theCitymay require acure ofsuch violation and thereafter, ifnotimely cure isperformed, terminate this Agreement inaccordance with either the provisions hereof orthose setforth inthe Indiana E-Verify Law. Therequirements ofthis paragraph shall notapply should theE-Verify program cease toexist. 17. OWNERSHIP AND USE OFDOCUMENTS: TheReports, Recommendations, Analyses, Surveys, Data, Calculations, Drawings, Schedules, Specifications andother documents prepared oremployed byContractor during thecourse offurnishing theWork toCity under thisAgreement shallbeand become theproperty ofthe City, whether the Project iscompleted ornot; accordingly, such materials may beused by theCity for information andreference and inconnection with City’s involvement ontheProject. Suchitems anddocuments may alsobeused byCityforcompletion ofthe Project orwork with respect thereto byothers ifContractor isindefault under this Agreement, inwhich case Contractor shall provide City with reproducible copies ofsuch reports, recommendations, analyses, surveys, data, calculations, drawings, schedules, specifications and other documents forsuchuse butshall not beobligated to sign, certify orseal such copies. Contractor may utilize thename, images ordescriptions ofthe Project inits promotional andmarketing materials, except thatitshallnotutilize, publish oradvertise any unique ordistinctive components ofthe design, drawings orspecifications fortheProject insuch promotional and marketing materials without firstobtaining thewritten consent ofCity. Contractor will have noliability toCityarising from City’suseoralteration oftheabove-referenced documents onany unrelated project. 18. NOIMPLIED WAIVER: Thefailure of either party torequire performance bythe other ofanyprovision ofthis Agreement shall not affect therightofsuch partytorequire such performance atany time thereafter, nor shall thewaiver byany party ofabreach ofany provision ofthis Agreement constitute awaiver ofany succeeding breach ofthe same orany other provision hereof. 19. NON-ASSIGNMENT: Contractor shall notassign orpledge this Agreement, whether ascollateral foraloan orotherwise, and shall notdelegate itsobligations under this Agreement without City’sprior written consent. 20. RELATIONSHIP OFPARTIES: The relationship oftheparties hereto shall beasprovided forinthisAgreement, and neither Contractor nor any ofitsofficers, employees, contractors, subcontractors and agents areemployees ofCity. The contract price setforth herein shall bethefulland maximum compensation andmonies required ofCity tobepaid to Contractor under orpursuant tothis Agreement. 8 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 21. GOVERNING LAW; CONFLICT RESOLUTION: 21.1 General. Cityand Contractor arefully committed toworking with eachother throughout theProject andagree tocommunicate regularly with each otheratalltimes soastoavoid orminimize disputes ordisagreements. Ifdisputes ordisagreements doarise, City and Contractor each commit to resolving such disputes ordisagreements inanamicable, professional and expeditious manner so astoavoid unnecessary losses, delays and disruptions totheWork. Cityand Contractor shallcommence allclaims and causes ofaction, whether incontract, tort, or otherwise, against theotherarising out oforrelated tothisAgreement within theperiod specified by applicable law, butifnototherwise specified byapplicable law, within notmore thanten (10) years after thedateofSubstantial Completion ofthe Work. AllContract Documents are tobeconstrued inaccordance with andgoverned bythelaws ofthe State ofIndiana, except foritsconflict oflaws provisions. 21.2 Litigation. Claims, disputes andother matters incontroversy arising outoforrelated tothis Agreement, nototherwise resolved inaccordance withtheprovisions above, theparties agree that, intheevent alawsuit isfiled hereunder, they waive theirright toajury trial, agree tofile anysuch lawsuit inanappropriate court inHamilton County, Indiana only, andagree thatsuch court isthe appropriate venue for and has jurisdiction oversame, andany hearing, trial orconference shall take place inthatlocale, unless agreed tootherwise inwriting byCity and Contractor. City and Contractor consent tothechoice oflaw, the choice ofdispute resolution designated by them, venue asprovided herein, andtopersonal jurisdiction over each ofthem asprovided herein andwaive anyrightto object tothe exercise ofpersonal jurisdiction bythe court andtoexclusive venue inthislocale. Anyaward, judgment oragreement insettlement ofadispute concerning such matters and resulting from negotiations orlitigation inwhich City andContractor are parties orparticipants shall beas binding upon surety asthough surety were named and joined insuch proceeding, provided that Contractor has been given areasonable opportunity tojoin, participate, assist orprovide supporting evidence inthe presentation ofany claim, defense orother issue incontroversy thatissettled or resolved thereby. 21.3 Continuation ofWork. Provided City continues tomake payments ofamounts notindispute, no dispute under this Paragraph shall interfere with theprogress oftheWork, and Contractor shall proceed withfurnishing the Work, including disputed performance, despite theexistence of, and without awaiting theresolution of, anysuch dispute. Thefailure orrefusal ofContractor tocontinue performing under such circumstances shallconstitute adefault under thisAgreement. 21.4 Claims Against Third Parties. Inany instance orproceeding whereby any claim, dispute orother matter incontroversy between City and Contractor involves, arises from orgives rise toasimilar claim, dispute orother matter incontroversy asbetween City andanother third-party, Contractor shall furnish andpresent toCity non-privileged evidence, documentation and other information to support itsclaim, defense orother position with respect thereto. 21.5 Waiver ofConsequential Damages. Contractor waives anyclaims against City forconsequential damages arising out oforrelating tothisAgreement. This waiver includes damages incurred by Contractor forprincipal office expenses, including the compensation ofpersonnel stationed there and other components ofhome office overhead, forlosses offinancing, business andreputation, for 9 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 lossofmanagement oremployee productivity orofthe services ofsuchpersons and forlossofprofit except anticipated profit arising directly from theWork being performed hereunder. This waiver is applicable, without limitation, toallconsequential damages due toeither party’stermination in accordance with this Agreement. 22. SEVERABILITY: Ifany term ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive order orother rule oflaw, suchterm shallbedeemed reformed ordeleted, butonly totheextent necessary to comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect. 23. NOTICE: Any notice provided for inthis Agreement will besufficient ifitisinwriting andisdelivered bypostage prepaid U.S. certified mail, return receipt requested, tothe party tobenotified attheaddress specified herein: IftoCity: CityofCarmel AND CityofCarmel Street Department Office ofCorporation Counsel st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 IftoContractor: Howard Asphalt, LLCd/b/aHoward Companies 2916Kentucky Avenue Indianapolis, Indiana 46221 Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven orally, aslongaswritten notice isthen provided as set forth hereinabove within five (5) business days from thedate ofsuchoral notice. 24. TERMINATION: 24.1 Notwithstanding anything tothecontrary contained inthis Agreement, City may, upon notice to Contractor, immediately terminate thisAgreement forcause, inthe event ofadefault hereunder by Contractor and/orifsufficient funds arenotappropriated orencumbered topay for theGoods and Services tobeprovided hereunder. Inthe event ofsuch termination, Contractor shall beentitled to receive onlypayment for theundisputed invoice amount representing conforming Goods and Services delivered asofthe date oftermination, except thatsuch payment amount shallnot exceed theContract Price amount ineffect atthe time oftermination, unless the parties have previously agreed inwriting toagreater amount. 24.2 Citymay terminate thisAgreement atanytimeupon thirty (30) days prior notice toContractor. Inthe event ofsuch termination, Contractor shallbe entitled toreceive onlypayment forthe undisputed invoice amount ofconforming Goods andServices delivered asofthe date oftermination, except thatsuch payment amount shall not exceed theContract Price amount ineffect atthetime of termination, unless theparties have previously agreed inwriting toagreater amount. 25. REPRESENTATIONS AND AUTHORITY TO EXECUTE: Theparties represent and warrant that theyareauthorized toenterinto this Agreement andthatthe persons executing this Agreement havethe authority tobind theparty which they represent. 10 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 26. FINAL COMPLETION AND CLOSEOUT: Inaddition toany requirements forfinal completion and closeout listed inGeneral and Supplementary Conditions, asacondition offinal payment andContract closeout, Contractor certifies orshall submit toCity thefollowing: a. Contractor certifies that payrolls, billsformaterials and equipment, and other indebtedness connected with theWork, forwhich CityorCity’sproperty might beresponsible orencumbered, lessamounts withheld bytheCity) have been paid orotherwise satisfied; b. Anyapplicable Contractor guarantees andwarranties; c. Acertificate evidencing thatinsurance required bytheContract Documents toremain inforce after final payment iscurrently ineffect; d. Consent ofsurety, ifany, tofinal payment; e. As-constructed record copyoftheContract Documents marked toindicate field changes and selections made during construction; f. Ifapplicable, allmanufacturer’swarranties, product data, testing and/orinspection results or reports, and maintenance andoperations manuals; g. Ifrequired byCity, other data establishing payment orsatisfaction ofobligations, such as receipts, or releases andwaivers ofliens, claims, security interests, orencumbrances, arising outoftheContract, totheextent and insuch form asmay bedesignated byCity; h. Anyother submittals required bythe Contract Documents; and i. Satisfactory evidence that any claims orliens filedhave been discharged orsatisfied. Ifan architect, aconsultant, orasubcontractor, orother person orentity providing services orwork fortheContractor, refuses tofurnish arelease orwaiver required byCity, theContractor may furnish abond satisfactory tothe Citytoindemnify City against such liens, claims, security interests, orencumbrances. Ifsuch liens, claims, security interests, orencumbrances remains unsatisfied after payments aremade, the Contractor shall refund toCity allmoney that City may becompelled topayin discharging such liens, claims, security interests, orencumbrances, including allcosts and reasonable attorney’sfees. 27. TERM: Unless otherwise terminated inaccordance with thetermination provisions under Contract Documents hereinabove, this Agreement shall beineffect from the Effective Date through satisfactory completion ofthe Work and delivery ofallGoods andServices according totheestablished schedule. 28. HEADINGS: Allheading and sections ofthis Agreement areinserted forconvenience onlyand donotform apartofthis Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof. 29. BINDING EFFECT: The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound totheother with respect toallofthecovenants, terms, warranties and obligations set forth inAgreement. 30. NOTHIRD PARTY BENEFICIARIES: This Agreement gives norights orbenefits toanyone other than Cityand Contractor. 31. DEBARMENT AND SUSPENSION: 31.1 The Contractor certifies byentering intothisAgreement that neither itnoritsprincipals nor any of its 11 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded fromentering into this Agreement byanyfederal agency orbyanydepartment, agency orpolitical subdivision ofthe State ofIndiana. The term “principal” forpurposes ofthis Agreement means anofficer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe Contractor. 31.2 TheContractor certifies thatithasverified thestate andfederal suspension and debarment status forallsubcontractors receiving funds under this Agreement and shallbesolely responsible forany recoupment, penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The Contractor shall immediately notify theCity ifany subcontractor becomes debarred orsuspended, andshall, attheCity’srequest, take allsteps required bytheCity toterminate itscontractual relationship with the subcontractor for work tobeperformed under thisAgreement. 32. PRIOR WORK: Inthe event that Contractor has delivered anyGoods and Services and/orperformed any oftheWork under this Agreement prior tothe date ofthisAgreement, pursuant toanauthorization toproceed orverbal directive issued byCity toContractor oraletter ofintent orverbal understanding entered into byand between Cityand Contractor, thisAgreement andalloftheterms andconditions thereof, including the payment obligations of Cityforsuch prior deliveries and/orperformance, shall govern such priordeliveries and/orperformance tothe same extent asthough they were performed ordelivered after the date hereof, andany amounts that were earned byContractor and paid byCity toContractor, orearned byContractor and still tobepaid byCity to Contractor, forsuch other previously delivered Goods andServices orperformed Work, shallbeapplied asa credit against Contractor’soverall compensation under this Agreement. 33. RIGHT TO ATTORNEY FEES: Inthe event City employs attorneys orincurs other expenses itmay deem necessary toprotect orenforce its rights under the Agreement where Contractor isindefault orbreach oftheAgreement, orCity otherwise is required toundertake performance ofContractor’sobligations hereunder because ofContractor’sfailure or refusal toperform, Contractor agrees topay theattorney fees, costs and expenses soincurred byCity. Furthermore, wherever intheAgreement Contractor agrees topayexpenses incurred byCity such expenses shall include, but are notlimited to, attorney fees incurred byCity. 34. DRUG FREE WORK SITE: Contractor anditsemployees shall comply withallprovisions ofthe Drug Free Workplace Act of1988 as amended. Theunlawful manufacture, distribution, dispensation, possession oruse ofacontrolled substance intheworkplace isprohibited. Contractor isresponsible forthedevelopment implementation, administration and enforcement ofaformal substance abuse policy (“Substance Abuse Policy”) which, as, aminimum, meets the standards set forth bythe City. 35. COMPLIANCE WITH IND. CODE § 5-16-13: Totheextent that this Project andAgreement issubject totherequirements ofIndiana Code § 5-16-13et seq., which areincorporated byreference as iffully restated herein, Contractor shallcomply with all applicable requirements setforththerein. 36. ACCESS TOPUBLIC RECORDS ACT: Contractor understands andagrees that any “public record”, asthat term isdefined inIndiana Code 5-14-3- 2(m), asamended, that isrelated to the subject matter ofthe Contract, whether the same isinthe 12 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #2201 220143-502.01, 2201 220143-509.00Motor Vehicle Highway Fund; P.O. #118023 Contract NotToExceed $262,628.00 possession or control ofContractor orCity, shall besubject torelease under and pursuant tothe provisions ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, etseq., asamended. 37. COMPETING LAWS: As between inconsistent provisions among Federal, Stateandlocal laws, Contractor should generally comply withthe more stringent requirement, unless aFederal law, rule orregulation requires thatthe affected Federal provision be observed, notwithstanding theexistence ofamore stringent applicable State orlocal requirement. 38. IRAN CERTIFICATION: Pursuant toI.C. § 5-22-16.5, theContractor shallcertify that, insigning thisAgreement, itdoes notengage in investment activities within the Country ofIran. 39. ADVICE OFCOUNSEL: Theparties warrant thattheyhave read thisAgreement and understand it, have hadtheopportunity toobtain legal advice and assistance of counsel throughout thenegotiation ofthisAgreement, andenter intosame freely, voluntarily, andwithout anyduress, undue influence orcoercion. 40. ENTIRE AGREEMENT: ThisAgreement, together with anyexhibits attached hereto orreferenced herein, constitutes the entire agreement between Contractor andCitywith respect tothesubject matter hereof, and supersedes allprior oral orwritten representations andagreements regarding same. Notwithstanding any other term orcondition setforth herein, butsubject toparagraph 16hereof, totheextent any term orcondition contained inany exhibit attached tothisAgreement orinanydocument referenced herein conflicts withanyterm orcondition contained in thisAgreement, the term orcondition contained in thisAgreement shall govern andprevail. This Agreement mayonly bemodified bywritten amendment executed byboth parties hereto, ortheir successors ininterest. 13 CityofCarmel Streets MattHigginbotham, Commissioner One Civic Square, Carmel, IN46032 HOWARDASPHALTLLC\] RESPONSEDOCUMENTREPORT IFBNo. 25-STR-03 25-STR-03PathPreservation RESPONSE DEADLINE: July16, 2025at9:00am ReportGenerated: Friday, July18, 2025 HowardAsphaltLLCResponse CONTACTINFORMATION Company: HowardAsphaltLLC Email: cbowles@howardcompanies.com Contact: ChrisBowles Address: 2916KentuckyAve. Indianapolis, IN46221 Phone: 317) 849-9666 Website: www.howardcompanies.com SubmissionDate: Jul15, 202512:44PM (EasternTime) HOWARDASPHALTLLC\] RESPONSE DOCUMENTREPORT IFBNo. 25-STR-03 25-STR-03PathPreservation ADDENDACONFIRMATION Addendum #1 W ta QUESTIONNAIRE 1. BIDDERINFORMATION ICERTIFYTHATI, THEINDIVIDUALRESPONDING TOTHISIFB, AMANAUTHORIZED REPRESENTATIVE WITHTHEAUTHORITYTO CERTIFYANDSUBMITTHEFOLLOWINGLEGALLYBINDINGSTATEMENTSINTHISRESPONSEONBEHALFOFMYCOMPANY.* Confirmed AUTHORIZEDREPRESENTATIVECONTACTINFORMATION:* Pleaseentername, title, phoneandemailoftheauthorizedrepresentative JoshDillon, DirectorofPre-Construction, 317-363-5250, jdillon@howardcompanies.com BIDDERISA/AN:* Other IFYOUSELECTEDOTHER, PLEASEEXPLAINBELOW: LLC ISTHEBIDDERAFOREIGNCORPORATION?* No HOWARDASPHALTLLC\] RESPONSEDOCUMENTREPORT InvitationForBid - 25-STR-03PathPreservation Page2 HOWARDASPHALTLLC\] RESPONSE DOCUMENTREPORT IFBNo. 25-STR-03 25-STR-03PathPreservation 2. BIDPROPOSAL BIDPROPOSALCONFIRMATION* TheundersignedBidderproposestofurnishallnecessarylabor, machinery, tools, apparatus, materials, equipment, serviceandother necessarysupplies, andtoperformandfulfillallobligationsincidenttheretoinstrictaccordancewithandwithinthetime(s) provided bythetermsandconditionsoftheContractDocumentsfortheabovedescribed WorkandProject, includinganyandalladdenda thereto, fortheUnitPricesapplicabletotheContractItemsasstatedinthepricingtable. TheBidderacknowledgesthatevaluationof thelowestBidshallbebasedonsuchpriceandfurtheracknowledgesthattheunitquantitieslistedinpricingtableofthisProposalare estimatessolelyforthepurposeofBidevaluationandContractaward, andarenottobeconstruedasexactorbinding. TheBidder furtherunderstandsthatallWorkwhichmayresultontheContractshallbecompensated foronaUnitPricebasisandthatthe OWNERandENGINEERcannotanddonotguaranteetheamountorquantityofanyitemofWorktobeperformedorfurnishedunder theContract. Confirmed CONTRACTDOCUMENTSCONFIRMATION* TheBidderagreestobeboundbythetermsandprovisionsofallContractDocumentsasdefinedintheStandardGeneralConditions andincorporatessuchContractDocumentshereinbyreference. Confirmed DOYOUHAVEANYEXCEPTIONSTOTHESPECIFICATIONS OROTHERCONTRACTDOCUMENTS?* No FINANCIALSTATEMENT* mandatory. AnyBidsubmittedwithoutsaidfinancialstatementasrequiredbystatute shalltherebyberenderedinvalid. ThefinancialstatementprovidedhereundertoOWNERmustbespecificenoughindetailsothat OWNERcanmakeaproperdetermination of rm96, K". Completed Form96shallbeuploadedwiththeFinancialStatement. HOWARDASPHALTLLC\] RESPONSEDOCUMENTREPORT InvitationForBid - 25-STR-03PathPreservation Page3 HOWARDASPHALTLLC\] RESPONSE DOCUMENTREPORT IFBNo. 25-STR-03 25-STR-03PathPreservation Financial_&_Equipment.pdf W9_Howard_Asphalt_2025.pdf Form_96.pdf ADDITIONALDECLARATIONS* A. BiddercertifiesforitselfandallitssubcontractorscompliancewithallexistinglawsoftheUnitedStatesandtheStateof Indianaprohibitingthediscriminationagainstanyemployeeorapplicantforemploymentorsubcontractworkinthe performanceoftheWorkcontemplated bytheAgreementwithrespecttohire, tenure, terms, conditions, orprivilegesof employmentoranymatterdirectlyorindirectlyrelatedtoemploymentorsubcontractingbecauseofrace, religion, color, sex, handicap, nationalorigin, ancestry, age, disabledveteranstatusorVietnameraveteranstatus. TheCityofCarmelreservesthe righttocollectapenaltyasprovidedinIC5-16-6-1foranypersondiscriminatedagainst. B. TheBiddercertifiesthathe/shehasthoroughlyexaminedthesiteoftheProject/Workandinformedhimself/herselffully regardingallconditionsunderwhichhe/shewillbeobligatedtooperateandthatinanywayaffecttheWork, andknows, understandsandacceptstheexistingconditions. TheBidderfurthercertifiesthathe/shehasthoroughlyreviewedtheContract Documents, includingallAddenda, andhashadtheopportunitytoaskquestionsandobtaininterpretationsorclarifications concerningContractDocuments. Confirmed 3. NON-COLLUSIONAFFIDAVIT NON-COLLUSIONAFFIDAVIT* Theindividualperson(s) executingthisBidProposal, beingfirstdulysworn, depose(s) andstate(s) thattheBidderhasnotdirectlyor indirectlyenteredintoacombination, collusion, undertakingoragreement withanyotherBidderorperson (i) relativetotheprice(s) proposedhereinortobebidbyanotherperson, or (ii) topreventanypersonfrombidding, or (iii) toinduceapersontorefrainfrom Bidding; andfurthermore, thisBidProposalismadeandsubmittedwithoutreferencetoanyotherbidsandwithoutagreement, understandingorcombination, eitherdirectlyorindirectly, withanypersonswithreferencetosuchbiddinginanywayormanner whatsoever. Confirmed HOWARDASPHALTLLC\] RESPONSEDOCUMENTREPORT InvitationForBid - 25-STR-03PathPreservation Page4 HOWARDASPHALTLLC\] RESPONSE DOCUMENTREPORT IFBNo. 25-STR-03 25-STR-03PathPreservation SIGNATUREANDNOTARIZATION* Pleasedownloadthebelowdocuments, completeandhavenotarized. Anonlinenotarizationoptionwillbeprovidedforyouwhen responding. Signature.pdf Signature_(1).pdf NON_COLLUSION_AFFIDAVIT.pdf Exhibit_D_E-Verify.pdf Howard_Asphalt_LLC_Certification_-_IDOA_-_Expires_4-9-2027.pdf INDOT_2025_-_Expires_4-30-2025.pdf 4. BIDBOND BIDBOND* Pleasedownloadthebelowdocuments, complete, andupload. BID_BOND.pdf Executed_Bid_Bond.pdf PRICETABLES PATHPRESERVATIONBIDTAB LineItem Description Quantity Unitof UnitCost Total Measure 1 CrackSeal (LBS) 5,000 LBS $4.00 $20,000.00 2 Liquid Road 42,907 SQYD $4.00 $171,628.00 3 ZeroDepthMilling 500 SQFT $22.00 $11,000.00 HOWARDASPHALTLLC\] RESPONSEDOCUMENTREPORT InvitationForBid - 25-STR-03PathPreservation Page5 HOWARDASPHALTLLC\] RESPONSE DOCUMENTREPORT IFBNo. 25-STR-03 25-STR-03PathPreservation LineItem Description Quantity Unitof UnitCost Total Measure 4 AsphaltRepair (HandRepair) 6,000 SQFT $5.00 $30,000.00 5 AsphaltRepair (MachineRepair) 6,000 SQFT $5.00 $30,000.00 TOTAL $262,628.00 HOWARDASPHALTLLC\] RESPONSEDOCUMENTREPORT InvitationForBid - 25-STR-03PathPreservation Page6 Path Preservation Bid TabHoward Asphalt LLC SelectedLine ItemDescriptionQuantityUnit ofMeasureUnit CostTotal Crack Seal (LBS) X15000LBS$4.00$20,000.00 Liquid RoadX242907SQYD$4.00$171,628.00 X3Zero Depth Milling500SQFT$22.00$11,000.00 X4Asphalt Repair (Hand Repair)6000SQFT$5.00$30,000.00 X5Asphalt Repair (Machine Repair)6000SQFT$5.00$30,000.00 Total$262,628.00 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. Page1of1INDIANARETAILTAXEXEMPT CERTIFICATENO. 0031201550020PURCHASEORDERNUMBERCityofCarmelFEDERALEXCISETAXEXEMPT118023 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 25-STR-03PathPreservationProject7/18/2025372681 HOWARD COMPANIES StreetDepartment VENDORSHIP2916KENTUCKYAVE 3400 W. 131ST Street TO Carmel, IN 46074- INDIANAPOLIS, IN 46221 - MattHigginbotham(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 103172 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-502.01 1EachPath Preservation$250,000.00$250,000.00 SubTotal 250,000.00 Account: 43-509.00 1EachPath Preservation$12,628.00$12,628.00 SubTotal 12,628.00 SendInvoiceTo: Street Department 3400 W. 131stStreet Carmel, IN 46074- 317) 733-2001 PLEASEINVOICEINDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 262,628.00PAYMENT A/PVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAYFOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ONALL SHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDEREDBYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. CrystalEdmondsonZac Jackson TITLEOperations ManagerCFO CONTROL NO. 118023 CITY OF CARMEL, INDIANA Information CARTER GREEN SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. FACILITY* Neighborhood Name/Streets to be closed 1. CITY FACILITY REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & James Building) PALLADIUM EAST PATIO (on the Campus of the Center for the Performing Arts) 2. STREET(S) REQUESTED: Include addresses as appropriate 07/02/2025Hotel Carmichael has rehearsal 04/24, wedding 04/25. MIRA has committed to having tents down before 12pm on 04/25. MIRA using BOTH Carter Green + E Patio. Hotel Carmichael is aware and has agreed this will not be an issue. x CFD: STREETS: Request submission date: Department Review: MAC: Yes, 07/16/2025 ENG: Yes, 07/15/2025 CPD: Yes, 07/23/2025 PARKS: Yes, 07/15/2025 Yes, 07/15/2025 Yes, 07/15/2025 UPLOAD MAP Type of Closure: Further Info for type of closure REQUESTS: CITY SERVICES NEEDED: Event Use/Purpose: Description of Event: Event Date Start*Event Date End* An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Mark all that apply ELECTRICITY JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS: TechPoint's Mira Awards is being held in the Palladium on Friday, April 24. While the building is amazing, we need a little more reception space so we're requesting use of Carter Green, the piece to the south of the main entrance to erect a tent. Provide a brief description of event Technology awards night for the State of Indiana. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 4/23/2026 4/25/2026 If multiple dates, please list Set-Up time* Tear Down End time* Event Start time:* Event End time:* Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Number of People Expected:* Fees? Fees (cont'd) Set up on April 23 if needed, event date is April 24, tear down would be before noon on April 25. 9:00:00 AM 12:00:00 PM 6:00:00 AM 11:00:00 AM NA 1,200 Will a Fee be charged for this event? If yes, please describe below. YES NO Purpose of fee Tickets and sponsorships for the event. EVENT SET UP: Mark all that apply Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 20x60 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Vendors Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization Type:* Residency Bounce House N/A Other A Classic Name of Merchants(s) doing the setup 3172517368 Phone Number of Merchant(s) doing set up: VENDORS: Mark all that apply VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section R under “General Terms and Conditions” in the Public Use Policy. N/A 6. CONTACT INFORMATION: Andretta Erickson MBSA Events, Inc. (on behalf of TechPoint) City Indianapolis State / Province / Region IN Postal / Zip Code 46208 Country USA Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City")Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. MBSA Events, Inc. (on behalf of TechPoint) Name of Organization/Applicant Signature of Authorized Agent/Applicant Andretta Erickson - VP and COO Printed Name and Title (If applicable) (Required) ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT 2955 N Meridian St, Suite 400 Indianapolis IN 46208 Address of Organization/Applicant 7/2/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other Woodland Country Club of Carmel: PRIVATE PROPERTY 07/22/2025PRIVATE PROPERTY. Not Requesting any public facilities or services. Commercial Firework show is outside of what the city ordinance allows yes, 07/23/2025 yes, 07/23/2025 YES, 07/25/2025 yes, 07/25/2025yes, 07/28/2025 yes, 07/23/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: No streets will need to be closed. Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose:* Has this event been held at City facility before?* Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS Woodland Country Club of Carmel hosts our annual Fourth of July Party with Fireworks Yes No Provide a brief description of event Woodland Country Club of Carmel has hosted our annual fourth of July party the Friday before the Fourth. We have had this event for over 10 years at the club. The event includes games food, and our annual fireworks show which is done by Indy Pro Audio. Our fireworks show lasts approximately 20 minutes. We take all of the appropriate steps to make sure that this is done in a safe manner. All permits and insurance policies are completed correctly. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 6/26/2026 6/26/2026 If June 26th rains out, we would move the event to the following day, June 27th. As of this year we have not had to do a rain date. 5:00:00 PM 11:00:00 PM 6:00:00 PM 11:00:00 PM NA 450 Fees? Fees (cont'd) Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Will a Fee be charged for this event? If yes, please describe below. Yes No Purpose of fee Adults are charged $40 per person. EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 30x30 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other A-Classic Party Rental Name of Merchants(s) doing the setup 3172517368 Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 5 6. CONTACT INFORMATION: RR Robert Reynolds Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Woodland Country Club City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * *CLICK THE NEXT BUTTON TO SUBMIT YOUR FORM I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Woodland Country Club Inc. Name of Organization/Applicant Signature of Authorized Agent/Applicant Robert Reynolds, Club Manager Printed Name and Title (If applicable) (Required) Carmel, Indiana 46032 Address of Organization/Applicant 7/22/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other 0$&'HSW5HTXHVWLQJ CFD: STREETS: Request submission date: Department Review: MAC: yes,07/24/2025 ENG: yes,07/28/2025 CPD: yes, 07/23/2025 PARKS: yes, 07/25/2025 yes, 07/25/2025 yes, 07/23/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: East and West of Civic Square South loop. Same barricades as Gazebo concerts. Include addresses as appropriate An easy to read, color map of the area is required with submission. Screenshot 2025-07-22 153950.png 314.43KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades * Standard Cones * No Parking Signs* Event Use/Purpose:* Has this event been held at City facility before?* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 10 Please note the number of Standard Cones needed 10 Please note the number of NO PARKING SIGNS needed 10 5. EVENT DETAILS Marketing Department invited Wish TV to set up team interviews inside the Gazebo concert footprint Yes No Description of Event:* Event Date Start * Per the City of Carmel Special Event/Facility Use Policy, requests must be received at least 60 days prior to the event. Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Rehearsal Date: Rehearsal Start: Rehearsal End: Number of People Expected:* Fees? Provide a brief description of event Wish TV team is looking forward to the opportunity to really highlight your Carmel Between 3pm and 630pm on the August 13, we would like to plan for about 12-14 different interviews on Civic Square. From the mayor to particular groups/ organizations or a business or two you might suggest in addition to our own interviews; we are looking for a high energy event. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 8/13/2025 8/13/2025 1:00:00 PM 7:00:00 PM 3:00:00 AM 6:30:00 PM NA Rehearsal Start Time:Rehearsal End Time: 30 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Melissa Hopson mhopson@carmel.in.gov 3175712411 City State / Province / Region Postal / Zip Code Country Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSITAND FEE: A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * *CLICK THE NEXT BUTTON TO SUBMIT YOUR FORM I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. City of Carmel Marketing and Community Relations Name of Organization/Applicant Signature of Authorized Agent/Applicant Printed Name and Title (If applicable) 31795712411 Phone Number (Required) Address of Organization/Applicant Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ 07/09/2025 yes, 07/16/2025 yes, 07/15/2025 yes, 07/15/2025 yes, 07/15/2025 yes, 07/15/2025 City Hall:Yes 07/15/2025 yes, 07/23/2025 CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other Veterans Memorial Plaza 07/01/2025 yes, 07/15/2025 yes, 07/15/2025 yes, 07/15/2025yes, 07/15/2025 yes, 07/16/2025 Allied Solutions Yes 07/15/2023 yes, 07/23//2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: N/a Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other Flag at half staff for ceremony 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose:* Has this event been held at City facility before?* Description of Event:* Event Date Start * Event Date End* If multiple dates, please list Set-Up time:* Tear Down End time:* Event Start time:* Event End time:* Rehearsal Number of People Expected:* Fees? Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Area in front of the plaza for the ladder truck to raise the Garrison flag 5. EVENT DETAILS 9/11 Remembrance Ceremony Yes No Provide a brief description of event 9/11 Remembrance Ceremony Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/11/2025 9/11/2025 7:00:00 AM 10:00:00 AM 8:00:00 AM 10:00:00 AM NA 100 Will a Fee be charged for this event? If yes, please describe below. Yes No Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other 1 table each for Carmel Fire and Carmel Police Depts and a podium Carmel Fire and Carmel Police Name of Merchants(s) doing the setup 3175082809 Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Renee Butts rbutts@carmel.in.gov 3175714245 317-508-2809 Carmel Fire Department City Carmel State / Province / Region IN Postal / Zip Code 46032 Country USA Street Address 210 Veterans Way Address Line 2 Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Renee L Butts Name of Organization/Applicant Signature of Authorized Agent/Applicant Renee L Butts Printed Name and Title (If applicable) 317-508-2809 Phone Number (Required) 210 Veterans Way Carmel, IN 46032 Address of Organization/Applicant 7/1/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other:Streets x 07/15/2025 yes, 07/23/2025 yes, 07/23/2025 yes, 07/25/2025 yes, 07/25/2025 yes, 07/28/2025 yes, 07/23/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: The race is on Andover drive starting near 12902 Andover, see attached map. Include addresses as appropriate An easy to read, color map of the area is required with submission. Brookshire 500 course map.jpg 313.95KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: we usually borrow eight barricades, three crowd control fences, 30 cones from the street department. and have the street swept Thursday before the race. 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades * Crowd-Control Gates* Standard Cones * Tall Skinny Cones* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other we usually borrow eight barricades, three crowd control fences, 30 cones from the street department. and have the street swept Thursday before the race. Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 8 Please note the number of Crowd-Control Gates needed 3 Please note the number of Standard Cones needed 30 Please note the number of Tall Skinny Cones needed 4 5. EVENT DETAILS Event Use/Purpose:* Has this event been held at City facility before?* Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? 14th annual Brookshire 500 lawnmower race and fund raiser for local charities. Yes No Provide a brief description of event 14th annual Brookshire 500 neighborhood social event where we close Andover Dr and have (non-modified) lawnmower race and fund raiser for local charities. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/20/2025 9/20/2025 8:00:00 AM 10:00:00 PM 10:00:00 AM 10:00:00 PM NA 80 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Bryan Ferry Brookshire North HOA City CARMEL State / Province / Region IN Postal / Zip Code 46033 Country United States Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * *CLICK THE NEXT BUTTON TO SUBMIT YOUR FORM I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Brookshire North HOA Name of Organization/Applicant Signature of Authorized Agent/Applicant Bryan Ferry Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 7/15/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other 07/15/2025 yes, 07/23/2025 yes, 07/23/2025 yes, 07/25/2025 yes, 07/25/2025 yes, 07/23/2025 yes, 07/28/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Monon Blvd South and Monon Greenway. See map Include addresses as appropriate An easy to read, color map of the area is required with submission. 2025 The Opening Act 5K - Kickoff to Porchfest.pdf 367.86KB The Opening Act 5K start finish site plan.pdf 264.59KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: rolling closure crossing Main Street, single lane of City Center, 3rd avenue and W Walnut street. 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose:* Has this event been held at City facility before?* Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:* Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS This new event is in partnership with PorchFest. The Opening Act 5K gathers runners and walkers in Midtown for a 5K run walk before marching them as a group up to PorchFest for the start. Music in MidTown with connections to Fork & Ale and other retailers wanting to participate. Yes No Provide a brief description of event New 5K to bring people to Midtown a few hours before the start of PorchFest for a 5K run/walk. Participants will enjoy festivities in Midtown after the race then will march north following a jazz band to PorchFest at noon. An official partnership with PorchFest is secured for this event. People registering for the 5K can also add on PorchFest VIP tickets and PorchFest merch tying the events together. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/21/2025 9/21/2025 7:00:00 AM 12:30:00 PM 10:30:00 AM 11:30:00 AM NA 400 Fees? Fees (cont'd) Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Will a Fee be charged for this event? If yes, please describe below. Yes No Purpose of fee 35-40 for registration EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 10 x 10 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Carmel Road Racing Group Name of Merchants(s) doing the setup 3174078489 Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 4-6 6. CONTACT INFORMATION: Todd Oliver Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Carmel Road Racing Group City Carmel State / Province / Region indiana Postal / Zip Code 46032 Country USA Street Address Address Line 2 For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * *CLICK THE NEXT BUTTON TO SUBMIT YOUR FORM I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Carmel Road Racing Group / Todd Oliver Name of Organization/Applicant Signature of Authorized Agent/Applicant Todd Oliver, President Printed Name and Title (If applicable) Phone Number (Required) Carmel, IN 46032 Address of Organization/Applicant 7/15/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ Runner Recovery Finish area ti m i n g MEDALS V V HQ Elm Street Stays Open all morning The Opening Act 5K Date: Sept 21 Set up Begins: 7:00 AM EventOpens: 8:30AM StartTime:10:30AM AwardsCeremony:11:15AM Event Officially Ends: 11:45 AM GroupMarchNorthto Porchfest on Monon: 11:45 AM The Opening Act 5K ~ A kickoff to Porchfest ~ •Sunday, September 21 •At MidTown Plaza •10:30 AM Start •11:45 AM – march to Porchfest from Midtown Special Course notes •Start and finish will be on Monon Blvd South but will not cross Elm street •Runners head north past Porchfest setup on the Monon •Elm Street will stay open all morning •Path will be used along Guilford Blvd •North curb lane of westbound will be used on City Center leaving center westbound open to traffic CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other Notes included from CPD Lt Rush 07/14/2025included 07/11/2025 yes, 07/23/2025 yes, 07/23/2025 yes, 07/24/2025 yes, 07/25/2025yes, 07/28/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: We are not requesting any street closures, though we do anticipate foot traffic on the sidewalks around Civic Square. We are including a map of the event so you can see our plan. It does include a march on the sidewalks - but not in any streets. It is limited to a small area that goes north on Veteran’s Way up to Monon Green Blvd, south on Rangeline Road, east on Gradle Drive and back to the lawn area next to Civic Square. Include addresses as appropriate An easy to read, color map of the area is required with submission. ConstitutionFest_Map_DRAFT2.jpeg 1.69MB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose:* Has this event been held at City facility before?* Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:* Tear Down End time:* Event Start time:*Event End time:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS A grassroots group of Carmel and Hamilton County citizens is hosting a Constitution Festival in honor of the anniversary of the signing of the U.S. Constitution (signing day was September 17, 1787 - which is the day that delegates to the Constitutional Convention signed the document in Philadelphia. Yes No Provide a brief description of event The event title is “Voices for Democracy: A Constitution Day Festival. The event’s goal is civic education and engagement in American democracy. The event is a “mini-festival” and rally to commemorate Constitution Day in America. The hope is to make this a recurring event that other communities around Indiana and the country can emulate, ideally as part of our country’s 250-year celebration of independence/democracy. The attached document offers greater detail. Attach additional pages if needed-SEE BELOW Constitution Day Festival Description.docx 1.14MB ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/20/2025 9/27/2025 8:00:00 AM 4:00:00 PM 10:00:00 AM 1:00:00 PM Rehearsal Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* Fees? Vendors Contact Person* Email* Phone Number:* NA Rehearsal Start Time:Rehearsal End Time: 500 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 10 x 10 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Sharon Boller Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. NA - I am an individual, though part of an unincorporated group we are calling Voices4Democracy City Carmel State / Province / Region IN Postal / Zip Code 46280 Country Street Address Address Line 2 Individual Is the requestor a citizen of the City of Carmel? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * *CLICK THE NEXT BUTTON TO SUBMIT YOUR FORM I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Sharon Boller Name of Organization/Applicant Signature of Authorized Agent/Applicant Printed Name and Title (If applicable) Phone Number (Required) Carmel, IN 46280 Address of Organization/Applicant 7/12/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ F D PI O O O O O O O O O O O O Start Peaceful Protest March End Peaceful Protest March F FreedomForum Stage D Democracy in Action Tent P Protest Prep Pavilion I Inspiration Row O CommunityOrganization Tents Peaceful Protest March Route KEY CONSTITUTION DAY FESTIVAL SATURDAY | SEPTEMBER 20, 2025 Voices for Democracy 1 What it is: A county-wide festival organized by grassroots individuals within Hamilton County. It’s purpose is to celebrate the anniversary of the signing of our nation’s Constitution and educate local citizens on the Constitution and what it takes to protect and maintain a democracy. This will be done via a blend of art, music, speeches from local activists and citizens, and hands-on activities. Planned activities and attractions. The map included in this document identifies the space we want to use and how it will be used. Key features/events: Feature Description Freedom Forum Stage This stage is where a variety of speakers, each “A voice for democracy,” will deliver 10-minute speeches on some aspect of democracy. We anticipate topics addressing current events in our country - immigration, citizenship, the Constitution, threats to democracy, pillars of democracy, etc. Speakers will be local and volunteers - not paid speakers. (The goal is to demonstrate citizens’ right to free speech and protest.) Between speakers local musicians (soloists, not bands) will perform patriotic or original songs connected to democracy, the Constitution, America. Attendees are welcome to sing along. An emcee will introduce each speaker and musician. Democracy in Action area This is a power-packed area that aims to identify various ways citizens can be engaged in America’s democracy. Within this area, a series of small tents enable attendees to do many things: 1) check their voter registration status and get help with voter registration, as needed. 2) take a “Constitution Quiz” to see how much they know about America’s constitution and obtain a pocket-sized copy of the U.S. Constitution. 3) Identify their state and federal legislative districts, identify their local, state, and federal elected oƯicials, and learn what each elected oƯicial’s job is. 4) Have the chance to write a letter or a postcard to send to a legislator on an issue of their choice. 5) Vote via a mock voting booth (one that allows children to vote!) so that participants can experience the power of voting and see the consequences of their vote/nonvote. Protest Prep Pavilion The ability to peacefully assemble and engage in civil protest is enshrined in our Constitution. This area is intended for children. Within this area, kids and their caregivers can create a button, protest sign, or a rally flag that they can then use Voices For Democracy Constitution Day Festival Saturday, Sep 20, 2025 2 along the Peaceful Protest March route at the designated times during the 3-hour event. Inspiration Row We are inviting community members and local artists to submit artwork (likely 8 x 10 or 10 x 17 in size) that we can display around the fountain at Civic Square. The art will depict some image or aspect of democracy that the artist values, feels is threatened, or wants to highlight. We plan to invite local schools and community members to submit drawings. The theme for the art will be “American Democracy.” Peaceful Protest March At two diƯerent time points during the 3-hour event, we will invite attendees to join in a short peaceful protest march - using signage they’ve created during the event or bringing their own. The goal is to showcase one powerful tool private citizens have in a democracy: the right to protest. The attendance goal is 500 attendees coming from across Hamilton County and possibly the. North side of Indianapolis.The long-term vision is to expand this festival in 2026, the year America celebrates 250 years since America declared its independence and set about creating a democracy. ---------- Forwarded message ---------- From: Rush, Michael T < mrush@carmel.in.gov> Date: On Tue, Jul 15, 2025 at 10:24 AM Subject: Fw: RE: Event planned for 9/20/25 To: 'SharonBoller@protonmail.com' < SharonBoller@protonmail.com> Cc: Ma’am, Major Collins forwarded me your email regarding the planned event in September. I appreciate you reaching out to us regarding the event and we simply ask that anyone planning a similar march or demonstration ensures participants comply with applicable state laws. The primary concern is that vehicular or pedestrian traƯic is not obstructed or impeded. Please feel free to contact me at any time as you continue planning for the event if you have any questions or require any assistance from us. The only formal approval that will be required will be the facility use agreement/event application. Rush M. Todd Rush Lieutenant, Carmel Police Dept 317-571-2500 mrush@carmel.in.gov CONFIDENTIALITY NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited, and may be subject to criminal and civil penalties. If you have received this transmission in error, please immediately call us at (317) 571-2500, delete the transmission from all forms of electronic storage, and destroy all hard copies. DO NOT FORWARD this transmission. Receipt of this electronic mail message by anyone other than the intended recipient(s) is not a waiver of any attorney-client work product, investigatory law enforcement privilege or any other applicable privilege. Thank you. Begin forwarded message: From: SharonBoller <SharonBoller@protonmail.com> Date: July 14, 2025 at 10:01:52 CDT To: "Collins, Shane P" <SCollins@carmel.in.gov> Cc: "Hoskins, Elizabeth" <ehoskins@carmel.in.gov> Subject: Event planned for 9/20/25 Hello Major Collins, My name is Sharon Boller. I’m a Carmel resident who is working alongside several other individuals to plan a mini festival on Saturday, September 20th (or Saturday, September 27 if we need to select an alternate date) in honor of the anniversary of Constitution Day (9/17/1787), which is the date our first Constitution was ratified. It is a blend of civic education and political protest rally, intended to help people understand the components of a democracy and the criticality of citizen involvement in a healthy democracy. I’ve attached a description of our event, along with a map so you can see the logistics and scope of our event. Our goal attendance is 500 peeps, though depending on weather we expect anywhere from 250 - 500. We will promote the event throughout the county via social media channels as well as through various civic and community action groups. Per Beth Hoskins, the oƯice administrator who handles event applications, I first need to obtain the Carmel police dept’s approval for our plan for a “peaceful protest march,” which is one of the components of the festival. Thanks, in advance, for your help. Please let me know what other information you require and what, if any, forms I need to fill out through your department. Warm Regards, Sharon Boller 1475 Morningcrest Court Carmel, IN (317) 490-3833 CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other 07/14/2024 X TURF IN FRONT OF SUNKING yes, 07/16/2025 yes, 07/15/2025 yes, 07/15/2025 yes, 07/15/2025 yes, 07/15/2025 yes, 07/23//2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Date End* Tear Down End time:* Event End time:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS FIT4MOM North Indy mommy and me workout Yes No Provide a brief description of event Strides 360: a high-energy, mommy-and-me style workout designed for moms with or without their little ones in strollers. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 10/03/2025 11:30:00 AM Event Use/Purpose: * Has this event been held at City facility before? * Description of Event: * Event Date Start * 10/03/2025 If multiple dates, please list Set-Up time: * 10:00:00 AM Event Start time:* 10:15:00 AM Rehearsal Number of People Expected: * Fees? 11:30:00 AM NA 15 Will a Fee be charged for this event? If yes, please describe below. Yes No Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Debra Sexton FIT4MOM North Indy City Carmel State / Province / Region IN Postal / Zip Code 46032 Country Hamilton Street Address Address Line 2 For-Profit Organization Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * *CLICK THE NEXT BUTTON TO SUBMIT YOUR FORM I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Debra Sexton Name of Organization/Applicant Signature of Authorized Agent/Applicant Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 7/11/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other 07/11/2025Applied for CCPR Application\07/14/2025 yes, 07/15/2025yes, 07/15/2025yes, 07/15/2025 yes, 07/16/2025 yes:07/16/2025 yes, 07/23//2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Gradle DR / MONON - START/FINISH West on Gradle Dr North on 3rd Ave Sw West on Gradle Dr West on W Carmel Dr Continue onto City Center Dr Turn south onto Congressional Blvd Turn east onto N college Ave Turn east onto E 116 St Turn north onto the Monon Trail Include addresses as appropriate An easy to read, color map of the area is required with submission. 2018 Brain Bolt Course Map.pdf 764.14KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 5k Run/Walk for the Goodman Campbell Foundation. 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed No Parking Signs* Event Use/Purpose:* Has this event been held at City facility before?* Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Please note the number of NO PARKING SIGNS needed 10 5. EVENT DETAILS 5k Run/Walk Yes No Provide a brief description of event BRAIN BOLT 5K TO HELP VICTIMS OF TRAUMATIC BRAIN AND SPINE INJURIES Carmel, IN—Goodman Campbell Brain and Spine (GCBS) is proud to announce our 10th Annual Brain Bolt 5K Run/Walk. The race benefits the treatment and care of traumatic brain and spine injuries. There will be an in-person traditional and dedicated survivor course! This inclusive survivor course will accommodate varying physical abilities. Our featured guest will share their inspirational story of survival! Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 10/4/2025 10/4/2025 4:00:00 AM 1:00:00 PM 10:00:00 AM 12:00:00 PM NA Number of People Expected:* Fees? Fees (cont'd) Vendors Vendors Present* Contact Person* Email* 600 Will a Fee be charged for this event? If yes, please describe below. Yes No Purpose of fee Fundraiser EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 10x10 Pop Up tents Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other RaceMaker Productions LLC (not sponsors and vendors will use their own 10x10 tents too) Name of Merchants(s) doing the setup 3176252223 Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 8 6. CONTACT INFORMATION: Lee O'Connor Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. RaceMaker Productions LLC (managing event for Goodman Campbell Brain and Spine) City Plainfield State / Province / Region Indiana Postal / Zip Code 46234 Country united states Street Address Address Line 2 Suite 110 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * *CLICK THE NEXT BUTTON TO SUBMIT YOUR FORM I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. RaceMaker Productions LLC Name of Organization/Applicant Signature of Authorized Agent/Applicant Lee E O'Connor Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 7/11/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ 1 Hoskins, Elizabeth From:Lee O'Connor <loconnor@racemaker.org> Sent:Monday, July 14, 2025 11:06 AM To:Hoskins, Elizabeth Subject:Fwd: Community Events Application Agh...yes. See below. Thanks! ---------- Forwarded message --------- From: Amanda Brown <noreply+6d1428c5a59fc7cf@formstack.com> Date: Mon, Jul 14, 2025 at 11:02 AM Subject: Community Events Application To: <loconnor@racemaker.org> To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.Formstack Logo Formstack Submission For: Community Events Application Submitted at 07/14/25 11:02 AM Event Name: Brain Bolt 5k Event Date: Oct 04, 2025 Event Purpose & Description: Join Us on October 4th 2025 @ 10:00 AM! BRAIN BOLT 5K TO HELP VICTIMS OF TRAUMATIC BRAIN AND SPINE INJURIES Carmel, IN—Goodman Campbell Brain and Spine (GCBS) is proud to announce our 10th Annual Brain Bolt 5K Run/Walk. The race benefits the treatment and care of traumatic brain and spine injuries. There will be an in-person traditional and dedicated survivor course! This inclusive survivor course will accommodate varying physical abilities. Our featured guest will share their inspirational story of survival! Event Website URL: https://runsignup.com/Race/IN/Carmel/BrainBolt5k 2 Have you held this event previously and utilized space through Carmel Clay Parks & Recreation?: Yes Event Start Time: 10:00 AM Event End Time: 12:00 PM Set Up Will Begin At: 06:00 AM Clean Up Will Be Completed By: 01:00 PM Location Requesting (please note: we cannot accept events that go over parking lot capacities): We will run the moon as the tail end of the 5k from 116th/Monon to Gradle dr where the finish line is around the square. Additional Needs at Location:: Trails What shelters, if any, do you plan on using?: N/A What are your estimated attendance numbers (please note: we cannot accept events that go over parking lot capacities)?: 600 Estimated Number of Cars: None at parks (event starts and finishes at Carmel Gazebo/Fountain) Is there an admission fee?: Yes Money will be taken by which of the below options?: Both Registration Fee:: $30-$40 3 Do you plan on bringing in food?: No What kind of food will you be bringing in (catered, homemade, pre-packaged snacks, etc.)?: Additional Yes/No Questions: Upload an Event Schedule if available (max 5MB): View File Upload map illustrating event routes and/or areas of park being used if available (max 5MB): View File Upload Marketing/Promotional Materials for Approval: How did you hear about our parks/facilities?: Other Safety plan based on FEMA National Incident Management System standards. We agree to:: Event Manager will watch for inclement weather using internet and/or other sources of climate conditions Agree to cancelling the event due to lightining or emergency weather situations Are aware of emergency shelter locations and agree to evacuate to them in emergency situations In case of severe weather, Event Manager will make announcements for participants and volunteers to evacuate the area Event Director's Name:: Jennifer Rhea (Goodman Staff) Phone: (317) 396-1380 Event Manager's Name:: Lee O'Connor Phone: (317) 625-2223 4 Safety Plan Terms & Conditions: I have read and agree to the above Safety Plan. Accessibility Plan Terms & Conditions: Although the organization doesn’t conduct formal assessments, staff are aware of the need to accommodate reasonable requests in regards to the above areas. Additionally, the status of the Accessibility Plan will be reviewed annually. I agree that our organization's staff is responsible for prioritizing and reviewing of the Accessibility Plan as well as all the requests for reasonable accommodations. All requests will be identified, reviewed, decided upon and documented. Name of Applicant: Goodman Campbell Brain and Spine (managed by RaceMaker Productions LLC) Applicant Email: loconnor@racemaker.org Organization Name: RaceMaker Productions LLC Organization Address: 351 Marketplace Mile Suite 110 Plainfield, IN 46168 Organization Phone: (317) 625-2223 Organization Website: https://runsignup.com/Race/IN/Carmel/BrainBolt5k Event Chairperson/Onsite Contact (if different from applicant): Lee O'Connor Onsite Contact Phone: (317) 625-2223 Onsite Contact Email: loconnor@racemaker.org If a company other than yours is overseeing/running the event, please list that company's name.: RaceMaker Productions LLC for Goodman Campbell Brain and Spine Printed Name of Authorized Representative: Lee O'Connor 5 Agree to Terms & Conditions Regarding Additional Fees: I have read and understand that I will be held accountable for added fees associated with this community event. Failure to pay or comply with park rules may result in additional fines and denial of future requests. Terms & Conditions: It is understood that no person, group or organization has any vested right to the exclusive use of park property. The use of any/all park property is subject to availability and approval by Carmel Clay Parks & Recreation (CCPR), subject to the policies, rules and guidelines of the Carmel/Clay Board of Parks & Recreation (the “Rules”). All requests and paperwork related to it must be received by CCPR before the requested usage date. It is understood that CCPR-sponsored activities have priority over all other activities in using park facilities and this permit is subject to cancellation in the event of an emergency. If a facility rental permit is granted, the users agree to be responsible for any accidents or injuries sustained by any person attending or participating in the program or activity at the park, and to be responsible for replacement in case any damage or loss is incurred. A certificate of insurance naming the Carmel/Clay Board of Parks & Recreation, Carmel/Clay Department of Parks & Recreation, City of Carmel, and Clay Township as additional insures may be required. All users agree to adhere to the Rules, applicable federal, state and local laws, and any specific guidelines outlined in the facility reservation permit. A minimum of one adult chaperone (age 18 and above) is required for every ten youth (age 17 and under) in attendance at the activity. The undersigned hereby acknowledge receipt of the Rules. Failure to comply with all of the Carmel Clay Parks & Recreation Parks rental rules & regulations may result in event being cancelled without notification. Agree to Terms & Conditions: I have read the terms of this agreement and, as the authorized representative of the group making this request, I do agree to abide by these rules and terms. Signature: View Signature Copyright © 2025 Formstack, LLC. All rights reserved. This is a customer service email. 6 Formstack, 11671 Lantern Road, Suite 300, Fishers, IN 46038 -- Lee O'Connor | C/O RaceMaker Productions | 317.625.2223 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. RaceMaker Email RaceMaker Website CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other 07/11/2025 Already approved, amending an updatedtime. Previously 9am -6pmRequesting 8am - 7pm yes, 07/16/2025 yes, 07/15/2025 yes, 07/15/2025 yes, 07/15/2025 yes, 07/15/2025 yes, 07/23//2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Elm Street will be closed from Veterans Way to northbound Monon Boulevard for event activities and vendors Include addresses as appropriate An easy to read, color map of the area is required with submission. Arts In Autumn Vendor Map .png 1.16MB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades * Event Use/Purpose:* Has this event been held at City facility before?* Description of Event:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 6 5. EVENT DETAILS The Arts in Autumn Yes No Provide a brief description of event Fall festival focused on art & crafts, music, food vendors, family fun activities and more. New BPW to document adjusted time. Attach additional pages if needed-SEE BELOW Event Date Start * Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* Fees? ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 10/11/2025 10/11/2025 8:00:00 AM 7:00:00 PM 1:00:00 PM 5:00:00 PM NA Rehearsal Start Time:Rehearsal End Time: 2,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Utilizing Midtown Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #a0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 10 6. CONTACT INFORMATION: Kenna Dishmond kdishmond@carmel.in.gov 3177719972 City of Carmel City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address One Civic Square Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * *CLICK THE NEXT BUTTON TO SUBMIT YOUR FORM I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. City of Carmel Name of Organization/Applicant Signature of Authorized Agent/Applicant Kenna Dishmond- Community Relations Specialist Printed Name and Title (If applicable) 317-771-9972 Phone Number (Required) One Civic Square, Carmel IN 46032 Address of Organization/Applicant 7/11/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other roads 06/26/2025 yes, 07/07/2025 yes, 07/07/2025 yes, 07/07/2025 yes, 07/08/2025 Parks Application included 07/11/2025 There are no full lane closures unless orchestrated by Carmel PD. Street Dept knows that as it has been that way for 15 years. yes, 07/11/2025 Yes, 07/15/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: map attached: Clay Terrace Blvd, John St., Thornberry, Monon Blvd, and Circle Drive Include addresses as appropriate An easy to read, color map of the area is required with submission. 2025 Donut 5K course options from St Vincent Sports.pdf 236.96KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Curb lane only on 146 from Clay Terrace Blvd to John street (total time = 12 minutes) All other roads listed are single lane only. No full closures 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose:* Has this event been held at City facility before?* Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS 19th Annual Donut 5K Holiday Run/Walk (relocation from the Carmel Racquet Club to St. Vincent Sports Performance in Clay Terrace. Yes No Provide a brief description of event Holiday run/walk supported by Jack's Donuts of Carmel is one of the oldest holiday run walks in central Indiana. New location for 2025. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 12/13/2025 12/13/2025 8:00:00 AM 11:00:00 AM 9:00:00 AM 10:00:00 AM NA 1,000 Will a Fee be charged for this event? If yes, please describe below. Yes No Fees (cont'd) Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Purpose of fee event expenses and charitable donations EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 20x30 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Party Time rental Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 6 6. CONTACT INFORMATION: Todd Oliver Carmel Road Racing Group Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. City carmel State / Province / Region in Postal / Zip Code 46032 Country usa Street Address Address Line 2 For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Carmel Road Racing Group / Todd Oliver Name of Organization/Applicant Signature of Authorized Agent/Applicant Todd Oliver, President Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 6/26/2025 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ 'HFHPEHU 6WDUW7LPH (QG7,PH 67$57 ),1,6+ 1 Hoskins, Elizabeth From:todd@carmelroadracinggroup.com Sent:Friday, July 11, 2025 10:48 AM To:Hoskins, Elizabeth Subject:FW: Community Events Application Here you go. Confirmation of Parks application submitted. ~ Todd Oliver President & Race Director Carmel Road Racing Group 317.407.8489 From: Amanda Brown <noreply+6d1428c5a59fc7cf@formstack.com> Sent: Friday, July 11, 2025 10:35 AM To: todd@carmelroadracinggroup.com Subject: Community Events Application To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.Formstack Logo Formstack Submission For: Community Events Application Submitted at 07/11/25 10:34 AM Event Name: Donut 5K Holiday Run & Walk Event Date: Dec 13, 2025 Event Purpose & Description: 19th Annual holiday run/walk at a new location in Carmel. The previous 8 years the event was located at the Carmel Racquet Club. For 2025, St. Vincent Sports Performance has secured the Official Host Venue designation. Event Website URL: https://www.donut5krun.com/ 2 Have you held this event previously and utilized space through Carmel Clay Parks & Recreation?: Yes Event Start Time: 09:00 AM Event End Time: 10:00 AM Set Up Will Begin At: 08:00 AM Clean Up Will Be Completed By: 10:30 AM Location Requesting (please note: we cannot accept events that go over parking lot capacities): Monon Greenway from 146th street to the rail section between the Monon Greenway and Clay Terrace Blvd. Additional Needs at Location:: Trails What shelters, if any, do you plan on using?: N/A What are your estimated attendance numbers (please note: we cannot accept events that go over parking lot capacities)?: 800 Estimated Number of Cars: 0 Is there an admission fee?: Yes Money will be taken by which of the below options?: Onsite Registration Fee:: 35 Do you plan on bringing in food?: No 3 What kind of food will you be bringing in (catered, homemade, pre-packaged snacks, etc.)?: Additional Yes/No Questions: Upload an Event Schedule if available (max 5MB): Upload map illustrating event routes and/or areas of park being used if available (max 5MB): View File Upload Marketing/Promotional Materials for Approval: How did you hear about our parks/facilities?: Used Prior or Returning Event Safety plan based on FEMA National Incident Management System standards. We agree to:: Event Manager will watch for inclement weather using internet and/or other sources of climate conditions Agree to cancelling the event due to lightining or emergency weather situations Are aware of emergency shelter locations and agree to evacuate to them in emergency situations In case of severe weather, Event Manager will make announcements for participants and volunteers to evacuate the area Event Director's Name:: Todd Oliver Phone: (317) 407-8489 Event Manager's Name:: Todd Oliver Phone: (317) 407-8489 Safety Plan Terms & Conditions: I have read and agree to the above Safety Plan. 4 Accessibility Plan Terms & Conditions: Although the organization doesn’t conduct formal assessments, staff are aware of the need to accommodate reasonable requests in regards to the above areas. Additionally, the status of the Accessibility Plan will be reviewed annually. I agree that our organization's staff is responsible for prioritizing and reviewing of the Accessibility Plan as well as all the requests for reasonable accommodations. All requests will be identified, reviewed, decided upon and documented. Name of Applicant: Todd Oliver Applicant Email: todd@carmelroadracinggroup.com Organization Name: Carmel Road Racing Group Organization Address: 3575 Inverness Blvd Carmel, IN 46032 Organization Phone: (317) 407-8489 Organization Website: https://www.carmelroadracinggroup.com/ Event Chairperson/Onsite Contact (if different from applicant): Onsite Contact Phone: (317) 407-8489 Onsite Contact Email: todd@carmelroadracinggroup.com If a company other than yours is overseeing/running the event, please list that company's name.: Printed Name of Authorized Representative: Todd Oliver Agree to Terms & Conditions Regarding Additional Fees: I have read and understand that I will be held accountable for added fees associated with this community event. Failure to pay or comply with park rules may result in additional fines and denial of future requests. 5 Terms & Conditions: It is understood that no person, group or organization has any vested right to the exclusive use of park property. The use of any/all park property is subject to availability and approval by Carmel Clay Parks & Recreation (CCPR), subject to the policies, rules and guidelines of the Carmel/Clay Board of Parks & Recreation (the “Rules”). All requests and paperwork related to it must be received by CCPR before the requested usage date. It is understood that CCPR-sponsored activities have priority over all other activities in using park facilities and this permit is subject to cancellation in the event of an emergency. If a facility rental permit is granted, the users agree to be responsible for any accidents or injuries sustained by any person attending or participating in the program or activity at the park, and to be responsible for replacement in case any damage or loss is incurred. A certificate of insurance naming the Carmel/Clay Board of Parks & Recreation, Carmel/Clay Department of Parks & Recreation, City of Carmel, and Clay Township as additional insures may be required. All users agree to adhere to the Rules, applicable federal, state and local laws, and any specific guidelines outlined in the facility reservation permit. A minimum of one adult chaperone (age 18 and above) is required for every ten youth (age 17 and under) in attendance at the activity. The undersigned hereby acknowledge receipt of the Rules. Failure to comply with all of the Carmel Clay Parks & Recreation Parks rental rules & regulations may result in event being cancelled without notification. Agree to Terms & Conditions: I have read the terms of this agreement and, as the authorized representative of the group making this request, I do agree to abide by these rules and terms. Signature: View Signature Copyright © 2025 Formstack, LLC. All rights reserved. This is a customer service email. Formstack, 11671 Lantern Road, Suite 300, Fishers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h : 3 1 7 - 8 0 0 - 8 6 3 2 JO B N O : 1 7 - 0 0 6 ( 5 5 ) S H E E T 1 O F 2 LO T 5 5 S U N R I S E O N T H E M O N O N CA R M E L , I N D I A N A 98 6 2 B U C K L E B U R Y L A N E LE G E N D WHEREAS, the official plat of the Subdivision was recorded in PC 3 SLIDE 581, Instrument Number 2005-9934 in the Office of the Hamilton County Recorder on 02/17/2005, as CHERRY CREEK ESTATES, section 6A (the “Plat”); and WHEREAS, the current Owner wishes to install a patio and planting beds and a 24-inch perforated pipe with associated hardscape and landscape. on the Lot (the “Site Improvement”); and WHEREAS, Owner has given the City a sketch (“Sketch”) depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 20-foot Drainage Easement , identified as "20' D.E." on Exhibit B (the “Easement”); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the “Encroachment”) upon the Easement, which Encroachment is crosshatched on Exhibit B; and WHEREAS, City of Carmel Board of Public Works and Safety approves the Owner’s request for a variance from Carmel City Code Section 6-227(4); and WHEREAS, Owner and City acknowledge the location of the Encroachment; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City’s use of the Easement. CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Kostaroff, Timothy & Sharon L Kostaroff h&w, 14174 Klingensmith Blvd, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 327 ("Lot") in CHERRY CREEK ESTATES, section 6A, which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by the reference; and The parties executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. 9. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 1. The City consents to the Encroachment for only so long as (i) the Encroachment exists; and (ii) Owner complies with all of the terms and provisions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and covenant as follows: Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 2. 3. 4.Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvment, the Lot, or to Owner Owner agrees and acknowledges that the City’s consent to encroach upon the Easement, as provided in this instrument, regards the City’s Easement interests only, and does not constitute permission or authority for the Owner to otherwise enter on, in, under, over, or upon the property interests of any other person without that person’s consent even if such property interests are also located within the Easement. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 5. 6. 7. 8. This Agreement shall be effective as of the date on which it is last executed by a party hereto.10. "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Laura Campbell, Presiding Officer James Barlow, Member Alan Potasnik, Member Jacob Quinn, Clerk Date: Date: Date:Date: STATE OF INDIANA COUNTY OF HAMILTON ) ) SS: ) Before me, a Notary Public in and for said County and State, personally appeared JAMES BARLOW, LAURA CAMPBELL and ALAN POTASNIK, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Jacob Quinn, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing “CONSENT TO ENCROACH” on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _____ day of ______________, 20__. NOTARY PUBLICMy Commission Expires: Printed Name My County of Residence: This instrument was prepared by Sergey Grechukhin, Esquire, Transactions Chief, One Civic Square, Carmel, Indiana 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Sergey Grechukhin, Esquire Exhibit A Exhibit B Exhibit B, Continued WHEREAS, the official plat of the Subdivision was recorded in PC 2 SLIDE 227, Instrument Number 9911339 in the Office of the Hamilton County Recorder on 02/21/1999, as SADDLE CREEK, section 3 (the “Plat”); and WHEREAS, the current Owner wishes to install a accessory structure and patio extension on the Lot (the “Site Improvement”); and WHEREAS, Owner has given the City a sketch (“Sketch”) depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage Easement , identified as "15' D.E." on Exhibit B (the “Easement”); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the “Encroachment”) upon the Easement, which Encroachment is crosshatched on Exhibit B; and WHEREAS, City of Carmel Board of Public Works and Safety approves the Owner’s request for a variance from Carmel City Code Section 6-227(4); and WHEREAS, Owner and City acknowledge the location of the Encroachment; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City’s use of the Easement. CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Bolander, Paige Gooch & Brendan James Bolander Trustees Paige Gooch Bolander & Brendan James Bolander Lvg Trust, 14049 Honey Tree Dr, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, WITNESSETH: WHEREAS, Owner owns in fee simple Lot 84 ("Lot") in SADDLE CREEK, section 3, which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by the reference; and The parties executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. 9. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 1. The City consents to the Encroachment for only so long as (i) the Encroachment exists; and (ii) Owner complies with all of the terms and provisions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and covenant as follows: Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 2. 3. 4.Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvment, the Lot, or to Owner Owner agrees and acknowledges that the City’s consent to encroach upon the Easement, as provided in this instrument, regards the City’s Easement interests only, and does not constitute permission or authority for the Owner to otherwise enter on, in, under, over, or upon the property interests of any other person without that person’s consent even if such property interests are also located within the Easement. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 5. 6. 7. 8. This Agreement shall be effective as of the date on which it is last executed by a party hereto.10. "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Laura Campbell, Presiding Officer James Barlow, Member Alan Potasnik, Member Jacob Quinn, Clerk Date: Date: Date:Date: STATE OF INDIANA COUNTY OF HAMILTON ) ) SS: ) Before me, a Notary Public in and for said County and State, personally appeared JAMES BARLOW, LAURA CAMPBELL and ALAN POTASNIK, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Jacob Quinn, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing “CONSENT TO ENCROACH” on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _____ day of ______________, 20__. NOTARY PUBLICMy Commission Expires: Printed Name My County of Residence: This instrument was prepared by Sergey Grechukhin, Esquire, Transactions Chief, One Civic Square, Carmel, Indiana 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Sergey Grechukhin, Esquire Exhibit A 15' D . E . 5' I . S . S . E . HVACDS DRYER VENT VENT VENT OUTLET WW VENTDS RADON G E DSSUMP WW RESIDENCE -2'2" -1'10" FOUND. -2'3" -2'7" -3'0" -3'6" BM 0'0" ToD -0'1" TW -1'6" BW -4'2" -1'11" -1'6" -1'8" -2'3" -2'11" -4'0" -1'10" -2'0" -2'2" -2'10" -3'7" -4'3" EX CONC DRIVEWAY FIELD M E A S U R E D E X I S T I N G F E N C E L I N E FI E L D M E A S U R E D E X I S T I N G F E N C E L I N E FIE L D M E A S U R E D E X I S T I N G F E N C E L I N E TS -0'4" BS -1'6" -1'8" -1'8" -2' -2' -3' -3' -2' -3' -4' PROPOSED ATTACHED GABLE ROOF STRUCTURE -16'Lx20'W -DROP CEILING -(4) CAN LIGHTS, (1) CEILING FAN *SWITCH LOCATION INSIDE HOUSE* -(2) ELECTRICAL OUTLETS + ROUGH IN FOR (3) FUTURE DROP SCREENS *BPI NOT RESPONSIBLE FOR DRYWALL DAMAGES* PAVER PATIO COVERED OUTDOOR LIVING SPACE TRANSITION PATIO ELEVATION TO EXISTING LAWN ELEVATION PAVER LANDING w/ (2) RISERS ADD ADDITIONAL SOIL TO TAPER OFF PATIO EDGE PROVIDE EZ CONNECT GAS HOOKUP GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GA S GA S GA S GAS GAS GAS GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGAS GAS GAS GAS GAS 1 8" = 1'0" These designs and i d e a s a r e t h e property of BPI and covered under an Artistic Copyright. Use of BPI's designs by a thir d pa r ty w i t h o u t B P I ' s wr i tten co ns en t i s c o p y r i g h t infringement and is punishable by law; however, BPI shall not be liable for any reason if the designs are used by a third p a r t y w i t h o u t written consent. C. 2020 BPI Outdoor Living LA/D: BH DRAFTED BY: BH DATE: -4/29/25 -6/9/25 CO1 NOTES: -330SF EX DECK DEMO L1.02 PRODUCTION P L A N DRAWING KEY PROPOSED GRADE PROPOSED SPOT TOP/BOTTOM STEP TOP/BOTTOM WALL TOP OF DECK BENCHMARK PROPERTY LINE EASEMENT LINE BURIED DRAINAGE LINE EXISTING FENCE LINE PROPOSED FENCE LINE TS/BS TW/BW ToD BM X B O L A N D E R R E S I D E N C E 14 0 4 9 H O N E Y T R E E D R . C A R M E L ; I N 4 6 0 3 2 Exhibit B July 28, 2025 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: RIGHT OF WAY DEDICATION – CORAM DEO PATH- 525 CONGRESSIONAL BLVD Dear Board Members: The property owners of the above referenced address have requested the Board approve a Dedication of Public Right of Way. On behalf of the City of Carmel, I would like to thank the property owners for this Dedication of Right of Way. I recommend the Board accept and sign this document. Sincerely, Bradley Pease, P.E. City Engineer ATTACHMENT: DEDICATION DOCUMENTS 1 DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY A portion of Tax Parcel No. 29-09-35-001-014.000-018 29-09-35-001-035.002-018 THIS INDENTURE WITNESSETH: That 525 CONGRESSIONAL BLVD., LLC, an Indiana limited liability company (the "Grantor"), the fee simple owner of the real property depicted by bold outline and cross-hatch and described on the attached Exhibits A & B (“Property”) incorporated herein by this reference, which such Property contains approximately .501 acres, more or less, and is located in the City of Carmel, Hamilton County, State of Indiana, hereby grants, conveys and warrants in fee simple and with no reversionary rights whatsoever retained, all of Grantor’s rights, title, and interest in the Property, to the City of Carmel, Indiana, an Indiana municipal corporation (“Grantee”), subject to all existing easements and rights-of- way of record, for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. The undersigned represents and warrants that they are the authorized representative of the Grantor; that Grantor is a limited liability company validly existing in the State of its origin and where required, in the State where the subject real estate is situated; that Grantor is the fee simple owner of the Property; that Grantor has full capacity to convey the Property; that they have full authority to execute and deliver this instrument on behalf of Grantor and that said authority has not been revoked; that they are therefore, fully authorized and empowered to convey the Property to the City of Carmel, Indiana, and that on the date of execution of this Dedication and Deed of Public Rights-of-Way, they had full authority to so act; and that all necessary action for the making of this conveyance has been duly taken. The Grantor assumes and agrees to pay real estate taxes and assessments on the Property for 2024, payable 2025, and all prior years. This obligation shall survive the conveyance of the Property and shall be enforceable by the Grantee in the event of any non-payment. [Signature page to follow] 2 IN WITNESS WHEREOF, Grantor has executed this Instrument to be effective as of the ____ day of ___________________________, 2025. GRANTOR: 525 CONGRESSIONAL BLVD., LLC, an Indiana limited liability company By: Name: Bruce Wishard Title: Manager STATE OF _______________ ) ) SS: COUNTY OF _____________ ) On ____________________, 2025, before me, Bruce Wishard, Manager of 525 Congressional Blvd., LLC, an Indiana limited liability company, personally appeared and proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature_________________________________ (SEAL) Grantee’s Tax Mailing Address and after recording return to: City of Carmel One Civic Square Carmel, IN 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Sergey Grechukhin. Instrument prepared by: Sergey Grechukhin, City of Carmel, One Civic Square, Carmel, IN 46032. 3 City of Carmel BOARD OF PUBLIC WORKS & SAFETY ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana, an Indiana municipal corporation ("City"), its Dedication and Deed of Public Rights-of-Way of certain real property ("Property") to the City for the purpose of establishing City rights-of-way; WHEREAS, the City believes that said fee simple conveyance of the Property is desirable, necessary and in the City's best interests; and NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts said Dedication and Deed, and orders that the Dedication and Deed of Public Rights-of-Way described herein be recorded in the Recorder's Office of Hamilton County, Indiana, and that the Property be, and the same hereby is, declared open and dedicated to the City. SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Laura Campbell, Presiding Officer Date: James Barlow, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 4 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared LAURA CAMPBELL, JAMES BARLOW and ALAN POTASNIK, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and JACOB QUINN, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing Dedication and Deed of Public Rights-of-Way on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of , 20 . NOTARY PUBLIC My Commission No./Expiration: Printed Name My County of Residence: PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 18 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: POINT OF BEGINNING POINT OF BEGINNING CONTAINING 0.073 ACRES, MORE OR LESS. ALSO, PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 18 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: POINT OF BEGINNING POINT OF BEGINNING CONTAINING 0.428 ACRES, MORE OR LESS. July 29, 2025 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: WAIVER OF BPW RESOLUTION NO. 04-28-17-01 – AES – 3915 W 106th STREET Dear Board Members: AES is requesting a waiver from the City’s Buried Utility District requirements (BPW Resolution No. 04-28-17-01) to install a new mid-span pole near 3915 W 106th Street (exhibit attached). The new pole will be installed in line with the existing poles on the north side of 106th Street to provide a location for a new service connection riser to serve the home currently under construction. The Department of Engineering, in review of the proposed requested waiver, has determined that the waiver is valid and recommends approval of the waiver conditioned upon the following: • The project’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8) and 6-227(b). • Any damage to the existing improvements within the right of way of and City of Carmel roadway shall be restored to the satisfaction of the City when work is completed. • Access to all adjoining properties shall be maintained at all times. • The temporary service pole and aerial line over the street must be completely removed once construction of the permanent buried service connection to the new home is complete. • The petitioner acknowledges that this waiver is for the items described above only. • The petitioner acknowledges that the waiver approved on this date does not guarantee approval of any future waiver requests for this or any other project. Sincerely, Bradley Pease, P.E. City Engineer 5 8' RPL 50 A/50 A RPL CONC PAD/FIBERGLASS PAD C421.02 C450.01 Directional Bore RMV 1 - 4/0 AL TX w Trench ƒƒƒƒƒƒƒƒ ‰ { {P Q S k SS W 106TH STW 106TH ST 3751 3915 3825 ‡ ‡ F F $ $ $ " @@A 116' ^ INST 50 A RPL 50 A / 50 A INST 1 - 1/0 AL JCN 1/C 15KV CABLE 323' c319 BA C B A C B A C AINST A-65 T w w w w — — — — 140T SB 65T 65T III INST 50 - 1 NB INST 1 PHASE FIBERGLASS XFMER BOX PAD 16 16915167 41 281 17 429 13 63 494 63 July 29, 2025 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: WAIVER OF BPW RESOLUTION NO. 04-28-17-01 – DUKE ENERGY – 303 WALTER STREET Dear Board Members: Duke Energy is requesting a waiver from the City’s Buried Utility District requirements (BPW Resolution No. 04-28- 17-01) to replace an existing pole in the rear yard easement at 303 Walter Street (exhibit attached). The pole replacement is typical maintenance of the existing above ground electric service distribution network. The Department of Engineering, in review of the proposed requested waiver, has determined that the waiver is valid and recommends approval of the waiver conditioned upon the following: • The project’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8) and 6-227(b). • Any damage to the existing improvements within the right of way of and City of Carmel roadway shall be restored to the satisfaction of the City when work is completed. • Access to all adjoining properties shall be maintained at all times. • The petitioner shall be responsible for coordinating relocation of all utility lines attached to the poles and complete removal of any retired or replaced poles. • The petitioner acknowledges that this waiver is for the items described above only. • The petitioner acknowledges that the waiver approved this date does not guarantee approval of any future waiver requests for this or any other project. Sincerely, Bradley Pease, P.E. City Engineer Permits Upstream Protective Devices Date Work Order # Job Site Address Designer Name Designer Phone Customer Name Customer Phone Feeder/Circuit ID Primary Voltage 11/20/2024 54879932 303 WALTER ST, CARMEL, IN, 46032, USA Travis Krick 317-385-1225 N1324251205 Page 1/1 Construction Notes Tree trimming needed Scope of Work Replace defective pole and transfer transformer