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HomeMy WebLinkAboutPaperless Packet for BPW 06.01.22Board of Public Works and Safety Meeting Agenda Wednesday, June 1, 2022 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the May 18, 2022, Regular Meeting 2. BID/QUOTE AWARDS a. Bid Award for Ditch Road Water Main Extension Project; John Duffy, Director of the Department of Utilities b. Quote Award for Project 22-STR-01 Quote- Keystone Crack Sealing; Lee Higginbotham, Street Commissioner 3. PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS a. Resolution BPW 06-01-22-04; Napleton Kia; Erosion Control; EFN North Indy Properties, LLC b. Resolution BPW 06-01-22-05; GetGo - 146th and Gray; Right of Way; Giant Eagle, Inc. c. Resolution BPW 06-01-22-06; Hadley Grove; Erosion Control; M/I Homes of Indiana 4. CONTRACTS a. Request for Purchase of Goods and Services; Kausal Oy; ($18,000.00); Climate Action Services; Addendum to Service Agreement - ongoing; TABLED; Mike Hollibaugh, Director of the Department of Community Services b. Request for Purchase of Goods and Services; Traliant Holdings, LLC; ($4,798.36); Culture of Diversity Equity and Inclusion Program; TABLED; Chief Jeffrey Horner, Carmel Police Department c. Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($189,390.00); 20-ENG-13 - Veterans Way - City Center to Walnut and Duke Energy Distribution Relocation Plans Preliminary Engineering; Jeremy Kashman, Director of the Department of Engineering d. Request for Purchase of Goods and Services; Specialized Land Services, Inc.; ($2,075.00); 20-ENG-02 - Buying Services - Parcel 10 - 106th and College RAB; Additional Services Amendment; Jeremy Kashman, Director of the Department of Engineering e. Resolution BPW 06-01-22-01; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; DD Dannar, LLC; ($971,380.00); Dannar 480 3-Phase - Dannar MPS 4.00 with 500kWh - Dannar MPS 4.00 with 375kWh; James Crider, Director of Administration f. Resolution BPW 06-01-22-02; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; INDOT LPA; TIP Maximum Amount ($337,500.00); Project Coordination Contract #62722, Des. No: 2200154; Jeremy Kashman, Director of the Department of Engineering g. Resolution BPW 06-01-22-03; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; INDOT LPA; TIP Maximum Amount ($319,500.00); Project Coordination Contract #62641 Des. No: 2200152; Jeremy Kashman, Director of the Department of Engineering h. Request for Purchase of Goods and Services; Gridlock Traffic Systems, Inc.; ($102,500.60); Striping; Additional Services Amendment #2; Lee Higginbotham, Street Commissioner i. Request for Purchase of Goods and Services; StreetScan, Inc.; ($68,542.00) per annum; Pavement Scanning and Software; Lee Higginbotham, Street Commissioner j. Request for Purchase of Goods and Services; RTS Water Solutions, LLC; ($69,875.98); Water Meter Replacement; CO #1; John Duffy, Director of the Department of Utilities k. Request for Agreement Between Owner and Contractor; TPI Utility Construction, LLC; ($912,990.00); Ditch Road Water Main Extension Project; John Duffy, Director of the Department of Utilities l. Request for Purchase of Goods and Services; Gordon Flesch Company, Inc.; ($2,965.20) per annum; B&C Copier - Model IR ADV DX C3835i - 48 Month Lease; Additional Services Amendment; Mike Hollibaugh, Director of the Department of Community Services m. Request for Purchase of Goods and Services; Tandem Mobility, LLC; ($90,000.00); Renewal Term May 6, 20022 - May 5, 2023; Amendment No. 1 to Master Services Agreement; Mike Hollibaugh, Director of the Department of Community Services n. Request for Purchase of Goods and Services; Municipal Emergency Services, Inc.; ($30,383.79); Ballistic Vests and Helmets; Additional Services Amendment; Chief David Haboush, Carmel Fire Department o. Request for Purchase of Goods and Services; Stryker Sales, LLC; ($27,360.00); LifePak 15 Preventative Maintenance; Additional Services Amendment; Chief David Haboush, Carmel Fire Department p. Request for Purchase of Goods and Services; Maxwell Lightning Protection Company; ($9,250.00); Carmel Data Center - Lightning Protection; James Crider, Director of Administration 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Midtown Plaza and Parking Spaces; Community Blood Drive with Bloodmobile - Allied Solution and Versiti Blood Center of Indiana; June 16, 2022; 7:00 AM – 3:00 PM; Janice Spickelmier, Versiti b. Request to Use Midtown Plaza; Book Giveaway -in Conjunction with Movies at Midtown; June 16, 2022; 4:30 PM – 8:30 PM; Andrew Myers, Cook Creek Family Health c. Request to Amend CarmelFest Use Request; Originally Approved on April 20, 2022; Adding a No Parking Zone Request to Accommodate Parade Traffic on 1st Ave NE and 2nd ST NE; July 4, 2022; 8:00 AM – 2:00 PM; Steven Krusie, CarmelFest d. Request to Use Base of the South Palladium Steps and Street Closure of Carter Green Loop; Center Celebration 2022 - Presented by Krieg DeVault; September 16, 2022; 9:00 AM – 11:00 PM; Tent: September 15 - September 19, 2022; Ramona Adams, Center for the Performing Arts e. Request to Use Mobile Stage; Indy GreekFest - Holy Trinity Greek Orthodox Cathedral Parking Lot Greenspace; August 26, 2022 at 8:00 AM – August 27, 2022 at 11:00 PM; Gordon Bennett f. Request to Use Civic Square Gazebo; Family Summer Concert Series at the Gazebo; Wednesday Evenings June 1, 2022 - September 28, 2022; 12:00 PM – 10:00 PM; Melanie Brewer, City of Carmel g. Request to Acknowledge Use of Midtown Plaza; Midtown Anniversary Celebration; May 27, 2022; 3:00 PM – 8:00 PM; Melanie Brewer, City of Carmel 6. OTHER a. Request for Consent to Encroach and Variance; 4958 St. Charles Place; Murphy, Homeowners b. Request for Consent to Encroach and Variance; 13062 Thurmond Way; Hofinger, Homeowners c. Request for Road Closure / Sidewalk Closure / Open Pavement Cut; 275 Veterans Way; F.A. Wilhelm d. Request for Small Cell Permit; Permit #SC-2022-00003; Two Locations - 1858 W 106th Street Cluster 12 Node 23 and 1176 W Main Street Cluster 12 Node 28; AT&T e. Request for Small Cell Permit; Permit #SC-2022-00004; 4797 E 106th Street Cluster 16 Node 01; AT&T 7. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, May 18, 2022 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 MEETING CALLED TO ORDER 6 7 Board Member Mary Ann Burke called the meeting to order at 10:02 AM 8 9 MEMBERS PRESENT 10 11 Board Members Lori Watson, Mary Ann Burke, and Deputy Clerk Holly Harmeyer were present. 12 13 MINUTES 14 15 Minutes from the May 4, 2022 Regular Meeting. Board Member Burke moved to approve. Board Member Watson 16 seconded. Request approved 2-0. 17 18 BID/QUOTE OPENINGS AND AWARDS 19 20 Quote Opening for Carmel Data Center – Painting of Garage; Benjamin Legge, City Attorney, stated the quote 21 was acquired via email and then read it aloud. 22 23 Contractor Bid 24 A & S General $6,752.56 25 26 27 Quote Award for Carmel Data Center – Painting of Garage; Benjamin Legge, City Attorney, stated there was 28 only one quote, which, therefore, was the lowest and most responsive quoter, and requested it be awarded 29 today. Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 30 31 32 Bid Opening for Project 22-STR-02 - Sophia Square Plaza Waterproofing Repairs; Lori Watson opened the 33 bids and Board Member Mary Ann Burke read them aloud: 34 35 Contractor Bid 36 LRT Restoration Technologies Base $1,102,648.89 37 Change with Alt 1 $0.00 - no change 38 Change with Alt 2A +$78,582.50 39 Change with Alt 2B +$52,429.10 40 Alt 3 +$32,500.00 41 Western Waterproofing Co., Inc. Base $1,102,648.89 42 (dba Western Specialty Contractors) Change with Alt 1 -$81,020.00 43 Change with Alt 2A +$102,460.00 44 Change with Alt 2B +$86,460.00 45 Alt 3 -$10,000.00 46 47 Golf Acquisition Group Base $1,879,275.00 48 Change with Alt 1 -$200,000.00 49 Change with Alt 2A +$75,000.00 50 Change with Alt 2B +$44,000.00 51 Alt 3 -$2,500.00 52 53 54 Board Member Burke moved to add Quote Opening for Project 22-STR-01 - Keystone Crack Sealing onto the 55 agenda. Board Member Watson seconded. Adding-on approved 2-0. 56 57 Quote Opening for Project 22-STR-01 - Keystone Crack Sealing; Lori Watson opened the quote and Board 58 Member Burke read it aloud: 59 60 Contractor Bid 61 Howard Asphalt LLC $117,425.00 62 (dba Howard Companies) 63 64 CONTRACTS 65 66 Request for Purchase of Goods and Services; Applied Concepts, Inc.; ($26,580.00); Dual - 2 Antenna Radar 67 System; Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 68 seconded. Request approved 2-0. 69 70 Request for Purchase of Goods and Services; Blue & Co., LLC; ($5,000.00); Medicaid Cost Reporting; 71 Agreement for Professional Services; Board Member Burke moved to approve. Board Member Watson seconded. 72 Request approved 2-0. 73 74 Request for Purchase of Goods and Services; Blunk Safety Systems, Inc.; ($196,878.85); Vehicle Emergency 75 Lighting kits, Utility Cabinets, and K-9 Kennel; Additional Services Amendment; Board Member Burke moved to 76 approve. Board Member Watson seconded. Request approved 2-0. 77 78 Request for Purchase of Goods and Services; ERMCO, Inc.; ($5,540.00); Carmel Data Center; CO #1; Board 79 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 80 81 Request for Purchase of Goods and Services; Frederick’s, Inc.; ($5,162.65); Carmel Data Center; CO #1; Board 82 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 83 84 Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.; ($174.00); 16-ENG-37 - Two 85 Roundabout Improvements - 116th Street and Medical Drive at Range Line Road; CO #2; Board Member Burke 86 moved to approve. Board Member Watson seconded. Request approved 2-0. 87 88 Request for Purchase of Goods and Services; Biancofiori Masonry, Inc.; ($1,830.24); Carmel Data Center; CO 89 #3; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 90 91 Request for Purchase of Goods and Services; CTW, Inc.; ($10,136.73); Multiconductor Wiring; Board Member 92 Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 93 94 Request for Purchase of Goods and Services; Indiana University Health; Renewal/Amendment of Agreement; 95 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 96 97 Request for Purchase of Goods and Services; Kausal Oy; ($18,000.00); Climate Action Services; Addendum to 98 Service Agreement - ongoing; Mike Hollibaugh, Director of the Department of Community Services; Board 99 Member Burke moved to table this item. Board Member Watson seconded. Tabling of 3J approved 2-0. 100 101 Request for Purchase of Goods and Services; Knauss Property Services, LLC; ($31,746.00); Cleaning Services 102 for City-Owned Parking Garages through December 31, 2022; Board Member Burke moved to approve. Board 103 Member Watson seconded. Request approved 2-0. 104 105 Resolution BPW 05-18-22-01; A Resolution of the City of Carmel Board of Public Works and Safety 106 Acknowledging Agreement Between City and Vendor; Hagerman Construction Corp.; ($32,600.00); City 107 Center Stair Well and Wall Stone Repairs; Board Member Burke moved to approve. Board Member Watson 108 seconded. Request approved 2-0. 109 110 Resolution BPW 05-18-22-02; A Resolution of the City of Carmel Board of Public Works and Safety 111 Acknowledging Agreement Between City and Vendor; Traynor & Associates, Inc.; ($2,000.00); Appraisal 112 Report - Parcel 2; 20-ENG-02 - 116th Street and College Roundabout; Board Member Burke moved to 113 approve. Board Member Watson seconded. Request approved 2-0. 114 115 Request for Purchase of Goods and Services; Stop Stick, LLC; ($10,925.00); 9 Foot Stop Stick Kit; Chief Board 116 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 117 118 Request for Purchase of Goods and Services; Traliant Holdings, LLC; ($4,798.36); Culture of Diversity Equity 119 and Inclusion Program; Member Burke moved to table this item again. Board Member Watson seconded. 120 Tabling of 3O approved 2-0. 121 122 123 124 REQUEST TO USE CITY STREETS/PROPERTY 125 126 Request to Use Midtown Plaza and Stage; Allied Solutions Career Fair / Informational Event; May 24, 2022; 127 3:30 PM – 6:15 PM;Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 128 129 Request to Use Carter Green / Close City Streets; Bolt for the Heart Thanksgiving Family 5K Walk / Run; 130 November 24, 2022; 6:00 AM – 12:00 PM; Member Burke moved to approve. Board Member Watson seconded. 131 Request approved 2-0. 132 133 Request to Use Midtown Plaza and Stage / Close City Streets; Brews on the Boulevard; Tent Only: July 29, 2022 134 at 8:00 AM – August 1, 2022 by 12:00 PM; Event: July 30, 2022 8:00 AM - 10:00 PM; Member Burke moved to 135 approve. Board Member Watson seconded. Request approved 2-0. 136 137 Request to Use Carter Green / Close City Street; Celebration for Equity in Education Event; CARE: Communities 138 Allied for Racial Equity; July 17, 2022; 10:00 AM – 10:00 PM; Member Burke moved to approve. Board Member 139 Watson seconded. Request approved 2-0. 140 141 Request to Use Carter Green / Midtown Plaza / Rolling City Street Closures; 2023 Carmel Marathon Weekend; 142 April 8, 2023; 4:00 AM – 3:00 PM; Member Burke moved to approve. Board Member Watson seconded. Request 143 approved 2-0. 144 145 Request to Use City Streets - Lane Closures; 16th Annual Donut 5K Holiday Run / Walk; December 24, 2022; 146 8:30AM – 10:30AM;Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 147 148 Request to Use Midtown Plaza; Physique 57 Outdoor Fitness Classes; May 21, June 11, July 9, August 6, and 149 September 10, 2022; 8:00 AM – 10:00 AM Each Date; Member Burke moved to approve. Board Member Watson 150 seconded. Request approved 2-0. 151 152 Request to Close City Streets; Lakes at Hazel Dell Neighborhood; 13th Annual Lakes at Hazel Dell Camp Out; 153 May 27, 2022 at 3:00 PM – May 28, 2022 at 9:00 AM; Member Burke moved to approve. Board Member Watson 154 seconded. Request approved 2-0. 155 156 Request to Use Reflecting Pool; Remote Control Submarine Club Event; August 13 – August 14, 2022; 7:00 AM 157 – 4:00 PM; Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 158 159 Request to Close City Street; IU Health Fundraiser; 3rd Ave SW; 211 W Main Street - Savor Restaurant; July 2, 160 2022; 3:00 PM - 11:00 PM; Approved by Carmel Fire Department; Member Burke moved to approve. Board 161 Member Watson seconded. Request approved 2-0. 162 163 OTHER 164 165 Request for New Curb Cut; 1042 Auman Drive East; Member Burke moved to approve. Board Member Watson 166 seconded. Request approved 2-0. 167 168 Request for Open Pavement Cut; 155 West Carmel Drive; Member Burke moved to approve. Board Member 169 Watson seconded. Request approved 2-0. 170 171 Request for Replat; Fosters Addition Lots 7 & 8; Member Burke moved to approve. Board Member Watson 172 seconded. Request approved 2-0. 173 174 Request for Waiver of BPW Resolution No. 04-28-17-01; 808 N Range Line Road and 997 Village Drive East; 175 Cluster #12 Node #39 and Node #30; Small Cell Permit #SC-2021-00010; Member Burke moved to approve. 176 Board Member Watson seconded. Request approved 2-0. 177 178 Request for Grant of Perpetual Storm Water Quality Management Easement; 4810 Northwestern Drive; Member 179 Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 180 181 Request for Consent to Encroach and Variance; 803 Rosemary Gardens; Member Burke moved to approve. Board 182 Member Watson seconded. Request approved 2-0. 183 184 ADJOURNMENT 185 186 Board Member Mary Ann Burke adjourned the meeting at 10:10 a.m. 187 188 189 APPROVED: ____________________________________ 190 Sue Wolfgang – City Clerk 191 192 _____________________________________ 193 Mayor James Brainard 194 ATTEST: 195 196 __________________________________ 197 Sue Wolfgang – City Clerk 198 CzTfshfzHsfdivlijobu22;6:bn-Nbz22-3133 TPOKB.NBSJB!JOHBUJVT DIJFG!FYFDVUJWF!PGGJDFS-!LBVTBM!PZ NBZ!22UI-!3133 TPOKB.NBSJB!JOHBUJVT DIJFG!FYFDVUJWF!PGGJDFS-!LBVTBM!PZ NBZ!22UI-!3133 6111 11 CzTfshfzHsfdivlijobu21;12bn-Bqs39-3133 TRALIANTHOLDINGS, LLCANDCARMELPOLICEDEPARTMENT - CONFIDENTIAL ANDPROPRIETARY Building aCulture of Diversity Equity and Inclusion Suite: Diversity, Inclusion & Sensitivity Unconscious Bias Microaggressions in the Workplace Cultural Competency & Humility Religion, Spirituality & Beliefs An Intergenerational Workforce: The Blender Being an Ally: A Tough Transition Diversity and Inclusion: The Table Microaggressions: Mindful Speaking Pronouns: AMatter of Respect Unconscious Bias - Superstar Search Avoiding Personal Choice Bias - Superhero Cliques c) Customer shall pay by check or electronic funds transfer within thirty (30) days of receiving each Traliant invoice. If Customer utilizes apayment system or method requiring Traliant to pay afee to use and to receive payment from Customer, Traliant will addthat associated fee amount to Customer'sinvoices. Customer shall pay alate fee of one percent (1%) per month, or the highest rate allowed under the law, whichever islower, on any overdue amounts. 3. Implementation Package a) Basic Implementation Package. Traliant shall assist Customer with the following services listed below (the Implementation Services") for the initial rollout of Programs: i) the importing of employee data; ii) importing acompany logo; iii) attachment ofpolicy and/or link topolicy (where applicable); iv) customize certificate with client’slogo and client-supplied signature; v) HRIS Integration vi) Single Sign-On (SSO) Integration vii) SMS Text Message Integration; and viii) customization of assignment and reminder messages, including calendar integration. Traliant shall invoice Customer on the Effective Date of this Agreement the amount of $995.00 ("Implementation Fees") for these Implementation Services. 4. Warranty; Disclaimer a) Warranty. Traliant warrants that any Implementation Services shall be rendered in aprofessional manner by personnel familiar with the Programs and training-management software. Traliant'sexclusive obligation, and Customer'ssoleremedy, for breach of these warranties shall be (i) to re-perform the Implementation Services at noadditional charge, and (ii) at Traliant's option, to repair or replace any such non-conforming Programs or to refund the fees paid by Customer for such non-conforming Programs and/or Implementation Services. Any replacement Programs shall notextend the warranty. These warranties shall not apply ifthe Programs are: (i) modified oraltered inany way (other than by Traliant or with the specific prior written consent ofTraliant); (ii) notupdated with the corrections, patches, fixes, updates, improvements or enhancements that Traliant may make available from time to time; (iii) used in anymanner or forany purpose not specifically permitted by this Agreement or the documentation. 2 TRALIANTHOLDINGS, LLCANDCARMELPOLICEDEPARTMENT - CONFIDENTIAL ANDPROPRIETARY b) Disclaimer. EXCEPT AS SET FORTH ABOVE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRALIANT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF THE TRADE. c) NO LEGAL ADVICE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PROGRAMS ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND MAY NOT BE RELIED UPON AS LEGAL ADVICE AND THAT TRALIANT SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON RELATING TO OR RESULTING FROM THE USE OF THE PROGRAMS AND THE INFORMATION INCLUDED THEREIN, OR ANY ERRORS IN OROMISSIONS THEREFROM. TRALIANT SHALL NOT BE LIABLE IN RESPECT OF ANY DECISIONS MADE BY CUSTOMER AS ARESULT OF THE PERFORMANCE BY TRALIANT OF ITS SERVICES HEREUNDER OR IN CONNECTION WITH SERVICES OFFERED. 5. Limitation of Liability INNO EVENT SHALL (A) TRALIANT BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED, EVEN IF TRALIANT WAS AWARE OFTHE POSSIBILITY OF SUCH DAMAGES; AND (B) TRALIANT'STOTAL LIABILITY FOR ANY LOSS ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID BYCUSTOMER FOR THE PROGRAMS OR SERVICES GIVING RISE TO THE CLAIM. 6. Indemnification Traliant shall indemnify, defend and hold harmless Customer, its affiliates and their respective partners, officers, employees and agents from and against any losses or threatened losses arising out of or relating to any infringement, misappropriation or violation ofany patent, copyright, trade secret or other intellectual property right asserted by any third person against Customer, its affiliates orany other person in connection with the provision, use orpossession of any of the Programs. 7. General a) Term. The Term of this Agreement is 2-year(s) from the Effective Date. The Term ofthis Agreement will automatically renew for an additional 2-year period at a5% increase unless cancelled by either Party by providing ninety 90) days' written notice to the other Party. Either Party may terminate this Agreement upon written notice ifthe other Party breaches any material provision and fails to cure such breach within thirty (30) days' written notice thereof. Upon termination or expiration of this Agreement, all licenses granted herein shall terminate, and each Party shall return the other Party's confidential information. b) Taxes. Customer shall be responsible forall applicable sales, use, value added or similar taxes, ifany, payable with respect tothe Services provided under this Agreement or arising out of or inconnection with this Agreement whether atthe time of invoicing or later determined by ataxing jurisdiction, provided that Traliant shall be responsible for all taxes imposed on Traliant'snet income or gross receipts, for any personal property taxes on property it owns or leases, and forfranchise and privilege taxes on its business. The Parties agree to cooperate with each other to enable each to more accurately determine its own tax liability and to minimize such liability to the extent legally permissible. Traliant's invoices will separately state the amount ofany taxes Traliant iscollecting from Customer. Customer will beentitled to any tax refunds or rebates granted to the extent such refunds or rebates areof taxes paid by Customer. IfCustomer istax exempt, Customer shall provide Traliant with proof of exemption status by emailing Accounting@Traliant.com. c) Confidentiality. Each Party shall not disclose to any third party or use for any purpose not expressly permitted under this Agreement the confidential information provided bythe other Party, provided that such confidential information isdisclosed in written form with awritten indication of confidentiality. d) Proprietary Rights. Customer acknowledges that Traliant owns all right, title and interest in and to the Programs and content provided under this Agreement. e) Severability. Ifany provision hereof isheld to be invalid, illegal or unenforceable, in whole or in part, theremaining provisions of this Agreement shall remain binding and enforceable by and between the Parties. f) Law and Disputes. This Agreement shall be governed by the laws ofthe State of California, without giving effect to any conflict of law principle that would provide for the application of the law of adifferent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Ifany dispute between Customer 3 TRALIANTHOLDINGS, LLCANDCARMELPOLICEDEPARTMENT - CONFIDENTIAL ANDPROPRIETARY and Traliant arising out of orin connection with this Agreement cannot be resolved by the Parties or through mediation, then the Parties shall be free topursue any right or remedy available to them under applicable law. In the event that either Party commences any action or proceeding under this Agreement to enforce anyright or remedy hereunder, the prevailing Party (as determined by the trier of facts) shall be entitled torecover its reasonable costs and attorneys' fees. g) Notices. All notices required or permitted hereunder shall be inwriting at theaddress specified in thisAgreement by the Parties and tothe attention of the person signing this Agreement viacertified mail, return receipt requested, overnight delivery by a nationally recognized carrier or by email upon confirmation receipt. h) Assignment. Neither Party shall assign, sub license, rent, lease or otherwise transfer its rights, duties or obligations under this Agreement toany person or entity without the prior written consent of the other Party. Notwithstanding the foregoing, either Party mayassign this Agreement in its entirety, without consent of the other Party, in connection with amerger, acquisition, corporate reorganization, or sale of all orsubstantially all ofits assets not involving adirect competitor of the other Party. Any attempted assignment in violation of this section shall be void. i) Publicity. Traliant may announce Customer'sselection of Traliant on itswebsite, in marketing materials and in apress release. Customer grants Traliant permission to use their logo for these activities. j) Entire Agreement. This Agreement supersedes allprior proposals, negotiations, representations, agreements and understandings between the Parties, including those contained in any confidentiality agreements, and all terms and conditions contained inany Customer-provided purchase orders, and constitutes the complete and exclusive agreement between Customer and Traliant regarding the subject matter hereof, and the Customer acknowledges that ithasnot relied on any statement, promise or representation made orgiven by oron behalf of Traliant which is not set out in this Agreement. Any reference to apurchase order orsimilar documentation onan invoice or other acceptance thereof issolely for Customer'sconvenience in record keeping, and nosuch reference orthe provision of Services to Customer shall be deemed an acknowledgement of or agreement in any terms orconditions associated with any such purchase order or other Customer-provided documentation. This Agreement shall not bemodified oramended except by express written agreement between the Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as ofthe Effective Date. TRALIANT HOLDINGS, LLC CARMEL POLICE DEPARTMENT Signature: __________________________________ Signature: __________________________________ Printed Name: ______________________________ Printed Name: _______________________________ Title: _____________________________________ Title: ______________________________________ Date: Date: thNOTE: Agreement Terms and Discounted Pricing Expires: May 13, 2022. 4 Approved and Adopted this day of , 20 . CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: 4th May 22 CzTfshfzHsfdivlijobu:;31bn-Nbz36-3133 CrossRoad Engineers, P.C. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106539 Contract Not To Exceed $189,390.00 SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 2200 0 44-628.71 2020 Road Bond funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City’s behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than One Hundred Eighty Nine Thousand Three Hundred Ninety Dollars ($189,390.00) (the “Estimate”). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City’s receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City’s prior written consent. C:\\Users\\clivingston\\Downloads\\CrossRoad Engineers, PC Professional Services.docx:5/24/2022 3:44 PM\] 2 CrossRoad Engineers, P.C. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106539 Contract Not To Exceed $189,390.00 SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2022, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days’ notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional’s receipt of City’s “Notice to Cease Services.” 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. C:\\Users\\clivingston\\Downloads\\CrossRoad Engineers, PC Professional Services.docx:5/24/2022 3:44 PM\] 3 CrossRoad Engineers, P.C. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106539 Contract Not To Exceed $189,390.00 7.5 Insurance 7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Professional's operations under this Agreement, whether such operations be by Professional or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1) Claims under Worker's Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; 2) Claims for damages because of bodily injury and personal injury, including death, and; 3) Claims for damages to property. Professional's insurance shall be not less than the amounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage to Rented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal and Advertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident C:\\Users\\clivingston\\Downloads\\CrossRoad Engineers, PC Professional Services.docx:5/24/2022 3:44 PM\] 4 CrossRoad Engineers, P.C. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106539 Contract Not To Exceed $189,390.00 C. Excess/Umbrella Liability $2,000,000 (each occurrence and aggregate) D. Worker's Compensation & Disability Statutory E. Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit F. Professional Liability Insurance. The Professional shall carry and maintain during the continuance of this Agreement, professional liability insurance in the amount of 2,000,000 for single limit claims and $3,000,000 in the aggregate. The Professional's policy of insurance shall contain prior acts coverage sufficient to cover all Services performed by the Professional for this Project. Upon City's request, Professional shall give prompt written notice to City of any and all claims made against this policy during the period in which this policy is required to be maintained pursuant to this Agreement. If the insurance is written on a claims-made basis and coverage is cancelled at any time, the Professional will obtain, at its cost, an extended reporting endorsement which provides continuing coverage for claims based upon alleged acts or omissions during the term of the Agreement until all applicable statute of limitation periods have expired. 7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an additional insured," showing such coverage then in force (but not less than the amount shown above) shall be filed with City prior to commencement of any work. These certificates shall contain a provision that the policies and the coverage afforded will not be canceled until at least thirty (30) days after written notice has been given to City. 7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for those specified if the total amount of required protection is not reduced. Professional shall be responsible for all deductibles. 7.5.4Nothing in the above provisions shall operate as or be construed as limiting the amount of liability of Professional to the above enumerated amounts. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City’s property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional’s sole cost and expense. C:\\Users\\clivingston\\Downloads\\CrossRoad Engineers, PC Professional Services.docx:5/24/2022 3:44 PM\] 5 CrossRoad Engineers, P.C. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106539 Contract Not To Exceed $189,390.00 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional’s warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional’s performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals’ required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. C:\\Users\\clivingston\\Downloads\\CrossRoad Engineers, PC Professional Services.docx:5/24/2022 3:44 PM\] 6 CrossRoad Engineers, P.C. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106539 Contract Not To Exceed $189,390.00 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit C, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-verify program, and ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit C. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City’s authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven 7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days (“Cure Period”). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel City of Carmel Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 C:\\Users\\clivingston\\Downloads\\CrossRoad Engineers, PC Professional Services.docx:5/24/2022 3:44 PM\] 7 CrossRoad Engineers, P.C. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106539 Contract Not To Exceed $189,390.00 PROFESSIONAL: CrossRoad Engineers, P.C. th115N17 Avenue Beech Grove, Indiana 46107 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date (“Effective Date”) of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State ofIndiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.17 Non-Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City’s prior written consent. 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. C:\\Users\\clivingston\\Downloads\\CrossRoad Engineers, PC Professional Services.docx:5/24/2022 3:44 PM\] 8 CrossRoad Engineers, P.C. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106539 Contract Not To Exceed $189,390.00 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional’s property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. C:\\Users\\clivingston\\Downloads\\CrossRoad Engineers, PC Professional Services.docx:5/24/2022 3:44 PM\] 9 CrossRoad Engineers, P.C. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106539 Contract Not To Exceed $189,390.00 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City’s organization. 7.26 Debarment And Suspension 7.26.1 The Professional certifies by entering into this Agreement that neither 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 Professional. 7.26.2 The Professional certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Professional shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 7.27 Access to Public Records Act Professional understands and agrees that any “public record”, as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana’s Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. 7.28 Iran Certification Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. C:\\Users\\clivingston\\Downloads\\CrossRoad Engineers, PC Professional Services.docx:5/24/2022 3:44 PM\] 10 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name CzTfshfzHsfdivlijobu4;1:qn-Nbz35-3133 Exhibit A 5/24/2022 SPECIALIZED LAND SERVICES INC SUITE C CARMEL, IN 46032 - 106565 630 N RANGELINE RD 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 20-ENG-02 - Buying Services - Parcel 10 City Engineering's Office 1 Civic Square Carmel, IN 46032- 376319 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Laurie Slick 66038 2200Department:0Fund:2020 Road Bond 44-628.71Account: 20-ENG-02 - Buying Services Parcel101 $2,075.00 $2,075.00Each 2,075.00SubTotal 2,075.00 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. 106565 ORDERED BY TITLE CONTROLLER City Engineering's Office 1 Civic Square Laurie Slick Carmel, IN 46032- Jeremy Kashman Director RESOLUTION NO. BPW 06-01-22-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2022. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge Agreement DDDannar, LLC.docx5/23/202210:44AM RESOLUTION NO. BPW 06-01-22-02 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2022. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge Agreement INDOT LPA62722.docx5/23/2022 1:59PM INDIANA DEPARTMENT OFTRANSPORTATION - LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT CONTRACT #0000000000000000000062722 Des. No.: 2200154 LPA DUNS/UEI #FY55BHEGR2J5 CFDA No.: 20.205 This Contract isentered into by and between the State ofIndiana, acting by and through the Indiana Department of Transportation, (hereinafter referred to as "INDOT"), and the CITY OF CARMEL, a local public agency in the State of Indiana (hereinafter referred to as the "LPA"), and collectively referred to as the "PARTIES" isexecuted pursuant to the terms and conditions set forth herein and shall be effective as of the date of approval by the Office of the Indiana Attorney General. In consideration of those mutual undertakings and covenants, the PARTIES agree as follows: NOTICE TO PARTIES Whenever any notice, statement or other communication isrequired under this Contract, itshall be sent to the following address, unless otherwise specifically advised. A. Notice to INDOT, regarding contract provisions shall besent to: Office of LPA and Grant Administration Attention: Director of LPA and Grant Administration 100 North Senate Avenue, Room N758 - LPA Program Indianapolis, Indiana 46204 With acopy to: Chief Legal Counsel and Deputy Commissioner Indiana Department of Transportation 100 North Senate Avenue, Room N758 Indianapolis, Indiana 46204 B. Notices toINDOT regarding project management shall be sent to respective District Office: INDOT Greenfield District 32 South Broadway Greenfield, Indiana 46140 C. Notices to theLPA shall be sent to: City of Carmel One Civic Square Carmel, IN 46032 Page 1of 16 RECITALS WHEREAS, the LPA has submitted an application to receive federal funds for the project described in Attachment A (the "Project"), which is attached herein and made an integral part of this Contract; and WHEREAS, INDOT hasapproved of the LPA'sapplication for federal funding, andthe PARTIES desire to enter into this Contract to establish the responsibilities for the Project; and WHEREAS, the LPA shall be responsible forits share of the Project cost as stated in this Contract; and WHEREAS, the LPA desires to expedite delivery of the Project, comply with all federal requirements and fiscally manage the Project; and WHEREAS, the PARTIES have determined the Project isin the best interests of the citizens of the State of Indiana; and WHEREAS, the PARTIES execute this Contract pursuant to Indiana Code §§ 8-23-2-5, 8-23-2-6, 8-23-4-7, 36-1-4-7, and 36-1-7-3, and Titles 23 and 49 of theUnited States Code and Titles 23 and 49 of the Code of Federal Regulations; and NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the LPA and INDOT agree asfollows: I. PROJECT DESCRIPTION. 1.1. The Parties are entering into this Contract tocomplete theProject described as follows: Des. No. 2200154 Program: Group 1 - STBG Type of Project: Bike/Pedestrian Facilities General Scope/Location: 96th Street Path over Williams Creek - Bridge 2 II. LPA RESPONSIBILITIES. 2.1.The LPA shall complete the Project inaccordance with INDOT'sDesign Manual (See http://www.in.gov/indot/design_manual/) and all pertinent state and federal laws, regulations, policies and guidance, including the INDOT'sLPA Guidance Document (See https://www.in.gov/indot/2390.htm). The LPA or its consultant shall prepare the environmental document(s) for the Project in accordance with INDOT'sEnvironmental Manual (See http://www.in.gov/indot/2523.htm). Land acquisition for the Project by the LPA or its consultant shall be in accordance with INDOT'sReal Estate Manuals (See http://www.in.gov/indot/2493.htm). 2.2.The LPA shall select the consultant in accordance with INDOT'sconsultant selection procedure for the consultant services tobe eligible for federal funding orfederal credits. 2.3.Ifthe LPA contracts with aconsultant, contractor, or other agent to complete work on the Project, the LPA may use either the "LPA-CONSULTANT Agreement", which is found at http://www.in.gov/indot/2833.htm, or an agreement that hasbeen reviewed and approved by INDOT. Page 2of 16 2.4. The LPA shall provide all relevant documents including, but not limited to, all plans, specifications, and special provisions, to INDOT for its review. Upon INDOT'sreview, the LPA shall modify the submittal in accordance with INDOT'smodifications or comments, if any. Ifthe LPA fails to provide asubmittal, untimely provides the submittal, or the submittal is not approvable, the schedule, cost, and federal funds for the Project may be jeopardized. 2.5. The LPA shall complete all right-of-way acquisition, utility coordination and acquire the necessary permit(s) and submit documentation of such to INDOT. The utility coordination shall be in accordance with 105IAC 13. 2.6. Ifthe LPA fails to meet any of the requirements of Sections 2.1, 2.2, 2.4, or 2.5above, INDOT will notlet theconstruction Project. IfINDOT, and FHWA where necessary, approve LPA'ssubmittals, INDOT shall schedule the Project for letting atthe next reasonable date. 2.7. The cost of the invoice of the construction, utility, and/or railroad work shall be paid by the LPAno later than thirty (30) calendar days from the date of letting. 2.8. The LPA shall make timely payments of costs to INDOT to avoid delays and increased costs to the Project. Ifthe LPA fails to make timely payments of the full amount invoiced byINDOT, within sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this Contract, including thecontracts listed in II.A.1 of Attachment A, which isattached hereto and incorporated herein by reference, and/or proceed in accordance with I.C. 8-14-1-9 to compel the Auditor of the State of Indiana to make amandatory transfer of funds from the LPA'sallocation of the Motor Vehicle Highway Account to INDOT'saccount. 2.9. The LPA shall be responsible for allcosts associated with additional provisions and/or expenses in excess of the federal funds allocated to the Project. The LPA, in conjunction with FHWA (if applicable) and INDOT shall review and approve all change orders submitted by the field Project Engineer/Supervisor, and such approvals shall not be unreasonably withheld. 2.10. The LPA shall provide competent and adequate engineering, testing, and inspection service to ensure the performance of the work is in accordance with the construction contract, plans andspecifications and any special provisions or approved change orders. If, in INDOT'sopinion, the services enumerated in this Section are deemed to be incompetent, inadequate or are otherwise insufficient, or ifa dispute arises, INDOT shall, in its sole discretion, have the right to supplement the services or replace the engineers orinspectors providing these services at thesole expense ofthe LPA. 2.10.1. Ifproject inspection will beprovided by full-time LPA employees, the personnel must be employees ofthe LPA. Temporary employment or retainage-based payments are not permissible. INDOT must pre-approve, inwriting, the LPA's personnel. Only costs incurred after INDOT'swritten notice toproceed to theLPA shall be eligible for federal-aid participation. Allclaims for federal aidshall be submitted to the District office, referenced on Page 1ofthe Contract for payment. 2.10.2. Ifproject inspection will be provided by the LPA'sconsultant, INDOT must approve, in writing, the consultant personnel prior to their assignment to the Project. The LPA shall execute acontract with aconsultant setting forth the scope of work and fees. The LPA shall submit this contract to INDOT prior to INDOT'sReady for Contracts date for the Project. Only costs incurred after INDOT'swritten notice to proceed to theLPA and the LPA's written notice to proceed tothe consultant shall be eligible for federal aid participation. All claims forfederal aid shall be submitted to the District office, referenced on page 1of this Contract for payment. Page 3of 16 2.11. The LPA shall submit reports, including but not limited to quarterly reports, to INDOT regarding the Project's progress and the performance of work per INDOT standard reporting methods. Ifthe required reports are not submitted, federal funds may be withheld. 2.12. The LPA hereby agrees that all utilities which cross or otherwise occupy the right-of-way of said Project shall be regulated on a continuing basis by the LPA in accordance with INDOT's Utility Procedure and Accommodation Policy (See https://www.in.gov/indot/doing-business-with- indot/files/UAP-Final-Draft-5.29.19.pdf). The LPA shall execute written use and occupancy contracts as defined in this Policy. 2.13. IfFHWA or INDOT invokes sanctions per Section 6.6.2. of this Contract, or otherwise denies or withholds federal funds (hereinafter called acitation or cited funds) for anyreason andfor all or any part of the Project, the LPA agrees asfollows: 2.13.1. In the event of acorrectable noncompliance, the LPA shall make the corrections to the satisfaction of FHWA andINDOT in a reasonable amount of time. In the event the LPA fails tomake therequired corrections, Sections 2.14.2and 2.14.3 (as applicable) shall apply. 2.13.2. In the event acitation for noncompliance: (1) isunable to be corrected, (2) the LPA fails to make corrections, (3) the LPA makes corrections which are not acceptable to FHWA and INDOT, or (4) forwhatever reason the FHWA citation continues in force beyond a reasonable amount of time, Section 2.14.2shall apply and adjustments shall be made as follows: A. The LPA shall reimburse INDOT the total amount ofall right-of-way costs that are subject to FHWA citation which have been paid by INDOT to the LPA. B. Ifno right-of-way costs have been paid by INDOT to the LPA or on the LPA'sbehalf, INDOT shall notpay anyclaim or billing for right-of-way that issubject tothe FHWA citation. C. The LPA isnot entitled to bill INDOT or to be reimbursed for any of its right-of-way liabilities or costs that are subject to any FHWA citation in force. 2.13.3. IfFHWA issues acitation denying or withholding all or any part of construction costs due toLPA's noncompliance with right-of-way requirements, and construction work has commenced, the following shall apply: A. INDOT may elect to terminate, suspend, or continue construction work in accordance with the provisions of the construction contract. B. INDOT may elect to pay its obligations under theprovisions of theconstruction contract. C. If the noncompliance can be corrected, the LPA shall make the corrections in a reasonable amount of time to the satisfaction of FHWA and INDOT. D. Inthe event acitation for noncompliance: (1) isunable to be corrected, (2) the LPA fails to make corrections, (3) the LPA makes corrections which are not acceptable to FHWA and INDOT, or (4) for whatever reason the FHWA citation continues in force beyond areasonable amount oftime, and construction work has been terminated or suspended, the LPA shall reimburse INDOT the full amount the LPA paid for said construction work, less the amount offederal funds allowed by FHWA. Page 4of 16 2.13.4. The LPA shall reimburse INDOT the total cost of the Project not eligible for federal participation. 2.13.5. Iffor any reason INDOT isrequired to repay to FHWA the sum(s) of federal funds paid to the LPA orany other entity through INDOT under the terms of this Contract, then the LPA shall repay to INDOT such sum(s) within forty-five (45) days after receipt of an invoice from INDOT. Payment for any and all costs incurred by the LPA which are not eligible for federal funding shall be the sole obligation of the LPA. III. INDOT RESPONSIBILITIES. 3.1.INDOT shall have full authority and access toinspect andreview allplans, specifications, and special provisions for the Project, regardless of when those plans, specifications, special provisions, or other such Project documents were created. 3.2.After the LPA has submitted andINDOT has accepted all pre-letting documents, INDOT will prepare the Engineer'sEstimate for construction of the Project. 3.3.Ifthe LPA owes INDOT money which ismore than sixty (60) days past due, INDOT will not open the construction bids for the Project. 3.4.Not later than sixty (60) calendar days after receipt by INDOT of acertified copy of aresolution from the LPA'sfiscal body authorizing the LPA to make payment to INDOT according to the terms of Attachment A, and fulfillment of all other pre-letting obligations of this Contract, INDOT shall, in accordance with applicable laws and rules, including I.C. 8-23-9, I.C. 8-23-10, and 105 I.A.C. 11, conduct ascheduled letting. 3.5.Subject to the LPA'swritten approval, INDOT shall award the construction contract for the Project according to applicable laws and rules. 3.6.Notlater than seven (7) calendar days after INDOT awards theconstruction contract described above, INDOT shall invoice the LPA for the LPA'sshare of theconstruction cost. 3.7.IfINDOT has received the LPA's share of theProject construction cost and ifthe lowest qualified bidder has not otherwise been disqualified, INDOT shall issue notice to proceed for the Project to the contractor within fourteen (14) calendar days of its receipt of the LPA'sshare of the construction cost. 3.8.INDOT shall have the right and opportunity to inspect any construction under this Contract to determine whether the construction isin conformance with the plans and specifications for the Project. 3.9.In theevent the engineering, testing, and inspection services provided by the LPA, in the opinion of INDOT, are deemed to be incompetent or inadequate or are otherwise insufficient or adispute arises, INDOT shall, inits sole discretion, have the right to supplement the engineering, testing, and inspection force orto replace engineers or inspectors employed insuch work at the expense of the LPA. INDOT's engineers shall control the work the same as onother federal aid construction contracts. 3.10. After the final Project audit isapproved by INDOT, theLPA shall, within forty-five (45) days after receipt of INDOT'sinvoice, make final payment to INDOT pursuant to Attachment Aor INDOT shall, within forty-five (45) days after approval of the audit, refund any Project overpayment to the LPA. IV. PROJECT FUNDS. Page 5of 16 4.1.INDOT will not share in thecost of the Project. INDOT will disburse funds from time to time; however, INDOT will be reimbursed by the Federal Highway Administration (FHWA) or the LPA. Payment will be made for the services performed under this Contract inaccordance with Attachment A (Project Funds). V. TERM AND SCHEDULE. 5.1. Ifthe LPA has the plans, special provisions, and cost estimate (list of pay items, quantities, and unit prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds about 7weeks before the date bids are opened for the construction contract), between July 1, 2023 and June 30, 2024, INDOT will make the federal funds shown in Section I.B. and/or Section I.C. of Attachment A available for the Project, provided the Project iseligible, and provided the federal funds shown in Section I.B. of Attachment A are available. 5.2. In the event that federal funds for the Project are not obligated during the time listed in Section 5.1, but the LPA has the plans, special provisions, and cost estimate for the Project ready such that federal funds can be obligated between July 1, 2024 and June 30, 2026, INDOT will schedule the contract for letting, provided theProject is eligible, and provided the federal funds shown in Section I.B. and/or section I.Cof Attachment A are available. 5.3. In the event that federal funds for the Project are not obligated during the period listed in Section 5.1or Section 5.2, the federal funds allocated to the Project may be obligated in the fiscal year chosen by INDOT or the federal funds allocated to the Project will lapse. If the LPA provides notice to INDOT that any purchase order can beclosed for any phase of theProject, then the federal funds thathad been obligated and/or allocated to the Project shall be forfeited by the LPA as of the date of the notice. Ifa purchase order for any phase goes inactive after nine months, the federal funds shall be forfeited by the LPA. 5.4. Ifthe Program isGroup IorGroup II, Sections 5.1, 5.2and 5.3 donot apply, but willbe obligated according to the fiscal year programmed in the most current MPO TIP, provided the MPO funding is within their fiscal year allocation. VI.GENERAL PROVISIONS 6.1.Access to Records. The LPA shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to the cost incurred under this Contract, and shall make such materials available at their respective offices at all reasonable times during the period of this Contract and for five (5) years from the date of final payment under theterms of this Contract, for inspection or audit by INDOT and/or the Federal Highway Administration ("FHWA") or its authorized representative, and copies thereof shall be furnished free of charge, ifrequested by INDOT, and/orFHWA. The LPA agrees that, upon request by any agency participating in federally- assisted programs with whom the LPA has contracted or seeks to contract, the LPA may release or make available to theagency any working papers from an audit performed by INDOT and/or FHWA of theLPA in connection with this Contract, including any books, documents, papers, accounting records and other documentation which support or form the basis for the audit conclusions and judgments. 6.2.Assignment of Antitrust Claims. Aspart of the consideration for the award of this Contract, the LPA assigns to the State all right, title andinterest in and to anyclaims the LPA now has, ormay acquire, under state or federal antitrust laws relating tothe products or services which are the subject of this Contract. 6.3.Audits. The LPA acknowledges thatitmay be required to submit to an audit of funds paid through this Contract. Any such audit shall be conducted in accordance with IC §5-11-1, et seq., and audit Page 6of 16 guidelines specified by the State. The State considers the LPA to be a "sub-recipient" for purposes of thisContract. However, ifrequired byapplicable provisions of the Office of Management and Budget Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations), following theexpiration of this Contract the LPA shall arrange for a financial and compliance audit of funds provided by the State pursuant to this Contract. Such audit is to be conducted byan independent public or certified public accountant (or as applicable, the Indiana State Board of Accounts), and performed in accordance with Indiana State Board of Accounts publication entitled Uniform Compliance Guidelines for Examination of Entities Receiving Financial Assistance from Governmental Sources," and applicable provisions of the Office of Management and Budget Circulars A-133 (Audits of States, Local Governments, andNon-Profit Organizations). The LPA is responsible for ensuring that the audit and any management letters are completed and forwarded to the State in accordance with the terms of this Contract. For audits conducted pursuant to Indiana Code 5-11-1, and audited by the Indiana State Board of Accounts on the time schedule set forth by theIndiana State Board of Accounts, theLPA shall provide to the Indiana State Board of Accounts, allrequested documentation necessary to audit the Local Public Agency in its entirety. Ifthe audit isconducted byan independent public or certified public accountant and not the Indiana State Board of Accounts, the LPA shall submit the completed audit to the Indiana State Board of Accounts within 10 (ten) days of the completion of the audit. The audit shall bean audit ofthe actual entity, or distinct portion thereof that isthe LPA, andnot of aparent, member, or subsidiary corporation of theLPA, except to the extent such an expanded audit may be determined by the Indiana State Board of Accounts or the State to be in the best interests of the State. 6.4.Authority to Bind LPA. The signatory for the LPA represents that he/she has been duly authorized to execute this Contract on behalf of the LPA, and hasobtained all necessary or applicable approvals to make this Contract fully binding upon the LPA when his/her signature isaffixed and accepted by the State. 6.5.Certification for Federal-Aid Contracts Lobbying Activities. The LPA certifies, by signing and submitting this Contract, to the bestof its knowledge and belief that the LPA hascomplied with Section 1352, Title 31, U.S. Code, andspecifically, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the LPA, to any person for influencing or attempting toinfluence anofficer or employee of any Federal agency, aMember of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal agreement, the making of anyFederal grant, the making of anyfederal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, ormodification ofany federal agreement, grant, loan, orcooperative agreement. B. Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, aMember ofCongress, an officer or employee of Congress, oran employee of aMember of Congress in connection with this federal agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, (Disclosure Form to Report Lobbying), in accordance with its instructions. C. The LPA also agrees by signing this Contract that itshall require that the language of this certification beincluded inall lower tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. Any person who fails to sign or file this required certification shall be subject to acivil penalty of not lessthan $10,000and not more than $100,000 for each failure. Page 7of 16 6.6.Compliance with Laws. 6.6.1. The LPA shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment or modification ofany applicable state or federal statute or the promulgation of rules or regulations there under, after execution of this Contract shall be reviewed by INDOT and the LPA to determine whether the provisions of this Contract require formal modification. 6.6.2. The LPA acknowledges that federal requirements provide for the possible loss of federal funding to one degree or another when the requirements of Public Law 91-646 and other applicable federal and state laws, rules andregulations are not complied with. 6.6.3. The LPA acknowledges paragraph 7of the Federal Highway Program Manual, Volume 7, Chapter 1, Section 3, entitled "Withholding Federal Participation" which isherewith quoted inpart as follows: "Where correctable noncompliance with provisions of law or FHWA requirements exist, federal funds may be withheld until compliance is obtained. Where compliance isnot correctable, theFHWA may deny participation in parcel or project costs inpart or in total." 6.6.4. TheLPA and its agents shall abide by all ethical requirements that apply to persons who have abusiness relationship with the State as set forth in IC §4-2-6, etseq., IC §4-2-7, et seq. and the regulations promulgated thereunder. If the LPA has knowledge, or would have acquired knowledge with reasonable inquiry, that astate officer, employee, or special state appointee, as those terms are defined in IC4-2-6-1, hasa financial interest inthe Contract, the LPA shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5prior to the execution of this Contract. Ifthe LPA isnot familiar with these ethical requirements, the LPA should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General's website at http://www.in.gov/ig/. Ifthe LPA or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Contract immediately upon notice to the LPA. In addition, the LPA may be subject topenalties under IC §§4-2-6, 4-2-7, 35-44.1-1- 4, and under any other applicable laws. 6.6.5. The LPA warrants that the LPA and its contractors shall obtain and maintain all required permits, licenses, registrations, and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities under this Contract. Failure to do so may be deemed amaterial breach of this Contract and grounds for immediate termination and denial of further work with the State. 6.6.6. As required byIC §5-22-3-7: 1) The LPA and any principals ofthe LPA certify that: A. the LPA, except forde minimis and nonsystematic violations, has notviolated the terms of: i) IC §24-4.7 \[Telephone Solicitation Of Consumers\]; ii) IC §24-5-12 \[Telephone Solicitations\]; or iii) IC §24-5-14 \[Regulation of Automatic Dialing Machines\]; in the previous three hundred sixty-five (365) days, even ifIC §24-4.7 ispreempted by federal law; and B. the LPA will not violate the terms of IC §24-4.7for the duration of the Contract, even ifIC §24-4.7ispreempted by federal law. 2) The LPA and anyofficials of the LPA certify that an affiliate or official of the LPA and anyagent acting on behalf of the LPA or on behalf of an affiliate or official of the LPA except for deminimis and nonsystematic violations, Page 8of 16 A. has not violated the terms of IC §24-4.7in the previous three hundred sixty-five 365) days, even ifIC §24-4.7is preempted by federal law; and B. will not violate the terms of IC §24-4.7for the duration of the Contract, even if IC §24-4.7ispreempted by federal law. 6.7.Debarment and Suspension. 1. TheLPA certifies by entering intothis Contract that neither itnor its principals nor any of its contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Contract by anyfederal agency or by any department, agency or political subdivision of theState of Indiana. The term "principal" for purposes of this Contract 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 LPA. 2. The LPA certifies that itwill verify the state and federal suspension and debarment status for all contractors receiving funds under this Contract andshall be solely responsible for any recoupment, penalties or costs that might arise from use of asuspended or debarred contractor. The LPA shall immediately notify INDOT ifany contractor becomes debarred or suspended, and shall, at INDOT'srequest, take allsteps required by INDOT to terminate its contractual relationship with the contractor for work tobe performed under this Contract. 6.8.Disadvantaged Business Enterprise Program. Notice is hereby given to the LPA or aLPA Contractor that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute abreach ofthis Contract and, after notification, may result in termination of this Contract or such remedy asINDOT deems appropriate. The referenced section requires the following policy and disadvantaged business enterprise ("DBE") assurance to be included in all subsequent contracts between theLPA and any contractors, vendors or suppliers: The LPA shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The LPA shall carry out applicable requirements of 49 CFR Part 26 in theaward and administration of DOT-assisted contracts. Failure by the LPA to carry out these requirements isamaterial breach of this Contract, which may result in the termination ofthis Contract or such other remedy, as INDOT, as the recipient, deems appropriate. As part of the LPA'sequal opportunity affirmative action program, itisrequired that the LPA shall take positive affirmative actions and put forth good faith efforts tosolicit proposals orbids from and to utilize disadvantaged business enterprise contractors, vendors orsuppliers. 6.9.Disputes. 6.9.1. Should any disputes arise with respect to this Contract, the LPA and INDOT agree to act immediately to resolve such disputes. Time isof the essence inthe resolution of disputes. 6.9.2. TheLPA agrees that, the existence of adispute notwithstanding, itshall continue without delay tocarry out all of its responsibilities under this Contract that are not affected by the dispute. Should the LPA fail to continue toperform its responsibilities regarding all non- disputed work, without delay, any additional costs incurred by INDOT or the LPA as a result of such failure toproceed shall be borne bythe LPA. Page 9of 16 6.9.3. Ifaparty to the contract isnot satisfied with the progress toward resolving a dispute, the party must notify in writing the other party of this dissatisfaction. Upon written notice, the PARTIES have ten (10) working days, unless the PARTIES mutually agree to extend this period, following the notification to resolve the dispute. Ifthe dispute is notresolved within ten (10) working days, a dissatisfied party will submit the dispute in writing according tothe following procedure: 6.9.4. The PARTIES agree to resolve such matters through submission ofthis dispute to the Commissioner of INDOT. The Commissioner shall reduce adecision to writing and mail or otherwise furnish a copy thereof to the LPA within ten (10) working days after presentation of such dispute for action. The presentation may include aperiod of negotiations, clarifications, and mediation sessions and will notterminate until the Commissioner or one of thePARTIES concludes that thepresentation period isover. The Commissioner'sdecision shall be final andconclusive unless either party mails or otherwise furnishes tothe Commissioner, within ten (10) working days after receipt of the Commissioner'sdecision, awritten appeal. Within ten (10) working days of receipt by the Commissioner ofawritten request for appeal, the decision may be reconsidered. Ifaparty isnot satisfied with theCommissioner'sultimate decision, thedissatisfied party may submit the dispute to an Indiana court of competent jurisdiction. 6.9.5. INDOT may withhold payments on disputed items pending resolution of the dispute. The unintentional nonpayment by INDOT to the LPA of one or more invoices not in dispute in accordance with the terms of this Contract will not be cause for LPA to terminate this Contract, and theLPA may bring suitto collect these amounts without following the disputes procedure contained herein. 6.10. Drug-Free Workplace Certification. As required by Executive Order No. 90-5dated April 12, 1990, issued by theGovernor ofIndiana, the LPA hereby covenants and agrees to make agood faith effort to provide and maintain adrug-free workplace. The LPA will give written notice to the State within ten (10) days after receiving actual notice that the LPA, or anemployee of the LPA in the State of Indiana, has been convicted of acriminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of contract payments, termination of this Contract and/or debarment of contracting opportunities with theState for upto three (3) years. In addition to the provisions of the above paragraph, ifthe total amount set forth in this Contract is in excess of $25,000.00, the LPA certifies and agrees that itwill provide adrug-free workplace by: A. Publishing and providing to all of its employees astatement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of acontrolled substance is prohibited in the LPA'sworkplace, and specifying the actions that will be taken against employees for violations of such prohibition; B. Establishing adrug-freeawareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the LPA'spolicy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; C. Notifying all employees in the statement required by subparagraph (1) above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the LPA of any criminal drug statute conviction for aviolation occurring inthe workplace no later than five (5) days after such conviction; Page 10of 16 D. Notifying theState in writing within ten (10) days after receiving notice from an employee under subdivision (3)(2) above, or otherwise receiving actual notice of such conviction; E. Within thirty (30) days after receiving notice under subdivision (3)(2) above of aconviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) taking appropriate personnel action against the employee, up toand including termination; or (2) requiring such employee to satisfactorily participate in adrug abuse assistance or rehabilitation program approved for such purposes byafederal, state or local health, law enforcement, or other appropriate agency; and F. Making agood faith effort to maintain adrug-free workplace through the implementation of subparagraphs (A) through (E) above. 6.11. Employment Eligibility Verification. The LPA affirms under the penalties ofperjury that they do not knowingly employ an unauthorized alien. The LPA further agrees that: A. The LPA shall enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The LPA is not required to participate should the E-Verify program cease to exist. Additionally, the LPA isnot required to participate iftheLPA isself-employed anddo notemployee any employees. B. The LPA shall not knowingly employ or contract with an unauthorized alien. The LPA shall not retain an employee or contract with aperson that the LPA subsequently learns is an unauthorized alien. C. The LPA shall require its contractors, who perform work under this Contract, to certify to the LPA that the contractor does not knowingly employ or contract with an unauthorized alien and that the contractor has enrolled and isparticipating in theE-Verify program. The LPA agrees to maintain this certification throughout the duration of theterm of acontract with acontractor. The State may terminate for default ifthe LPA fails to cure abreach of thisprovision no later than thirty (30) days after being notified by the State. 6.12. Force Majeure. In the event that any Party isunable to perform any of its obligations under this Contract or to enjoy any ofits benefits because ofnatural disaster or decrees of governmental bodies not thefault of theaffected Party (hereinafter referred to asa "Force Majeure Event"), the Party who has been so affected shall immediately or as soon is reasonably possible under the circumstances give notice to the other Party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Contract shall beimmediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the Party whose ability to perform hasnot been so affected may, by giving written notice, terminate this Contract. 6.13. Funding Cancellation Clause. As required by Financial Management Circular 3.3and IC 5-22-17- 5, when the Director ofthe State Budget Agency makes awritten determination that funds are not appropriated or otherwise available tosupport continuation of the performance of this Contract, this Contract shall be canceled. A determination by theDirector of the State Budget Agency that funds are notappropriated or otherwise available to support continuation of performance shall be final and conclusive. 6.14. Governing Laws. This Contract shall be governed, construed and enforced in accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, ifany, must be brought in the State of Indiana. Page 11of 16 6.15. Indemnification. The LPA agrees to indemnify, defend, exculpate, and hold harmless the State of Indiana, and INDOT and/or its/their officials, agents, representatives, attorneys and employees, individually and/or jointly, from anyand all claims, demands, actions, liability and/or liens that may be asserted by theLPA and/or by any other person, firm, corporation, insurer, government or other legal entity, for any claim for damages arising out of any and allloss, damage, injuries, and/orother casualties of whatsoever kind, or bywhomsoever caused, to the person or property of anyone on or other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on oroff the right-of-way, arising out of or resulting from the performance of the contract or from the installation, existence, use, maintenance, condition, repairs, alteration and/or removal of any equipment or material, whether due in whole or in part to theacts and/or omissions and/or negligent acts and/or omissions: A. of the State of Indiana, INDOT, and/or its/their officials, agents, representatives, attorneys and/or employees, individually and/orjointly; B. of the LPA, and/or its officials, agents, representatives, attorneys and/or employees, individually and/or jointly; C. of any and all persons, firms, corporations, insurers, government or other legal entity engaged in the performance of the contract; and/or D. the joint negligence ofany of them, including any claim arising out of the Worker's Compensation law or any other law, ordinance, order, or decree. The LPA also agrees to payall reasonable expenses and attorney'sfees incurred by or imposed on the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or employees, individually and/or jointly, in connection herewith in the event that the LPA shall default under the provisions ofthis section. The LPA also agrees to pay allreasonable expenses andattorney's feesincurred by or imposed on the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or employees, individually and/or jointly, in asserting successfully a claim against the LPA for indemnity pursuant to this contract. INDOT will not provide indemnification to the LPA. 6.16. Merger & Modification. This Contract constitutes the entire agreement between the PARTIES. No understandings, agreements, or representations, oral or written, not specified within this Contract will be valid provisions of this Contract. This Contract may notbe modified, supplemented or amended, in any manner, except by written agreement signed by all necessary PARTIES. 6.17. Non-Discrimination. 6.17.1. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in keeping with the purposes of the Civil Rights Actof 1964 as amended, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, theLPA covenants that it shall not discriminate against any employee or applicant for employment relating to this Contract with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee's or applicant'srace, color, national origin, religion, sex, age, disability, ancestry, status as aveteran, or any other characteristic protected by federal, state or local law ("Protected Characteristics"). The LPA certifies compliance with applicable federal laws, regulations and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services. Breach of this covenant may be regarded as amaterial breach of this Contract,butnothing in this covenant shall be construed to imply or establish anemployment relationship between the State and any applicant or employee of the LPA or any subcontractor. Page 12of 16 6.17.2. INDOT is arecipient of federal funds, and therefore, where applicable, the LPA and any subcontractors shall comply with requisite affirmative action requirements, including reporting, pursuant to 41 CFR Chapter 60, asamended, and Section 202 of Executive Order 11246 as amended by Executive Order 13672. The LPA agrees that ifthe LPA employs fifty (50) or more employees and does at least 50,000.00worth of business with theState and is notexempt, the LPA willcomply with the affirmative action reporting requirements of 41 CFR 60-1.7. The LPA shall comply with Section 202 of executive order 11246, as amended, 41CFR 60-250, and 41 CFR 60- 741, as amended, which are incorporated herein by specific reference. Breach of this covenant may be regarded as amaterial breach of Contract. Itisthe policy of INDOT to assure fullcompliance with Title VI of the Civil Rights Actof 1964, the Americans with Disabilities Act and Section 504of the Vocational Rehabilitation Act and related statutes and regulations inall programs and activities. Title VI and related statutes require that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under anyprogram or activity receiving Federal financial assistance. (INDOT'snondiscrimination enforcement isbroader than the language of Title VI andencompasses other State and Federal protections. INDOT's nondiscrimination enforcement shall include the following additional grounds: sex, sexual orientation, gender identity, ancestry, age, income status, religion, disability, limited English proficiency, or status as aveteran). 6.17.3. During the performance of this Contract, the LPA, foritself, its assignees and successors in interest (hereinafter referred to as the "LPA") agrees to thefollowing assurances under Title VIof the Civil Rights Act of 1964: A. Compliance with Regulations: The LPA shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49 CFR Part 21, asthey may be amended from time to time hereinafter referred to as the Regulations), which are herein incorporated by reference and made apart of this Contract. B. Nondiscrimination: The LPA, with regard to the work performed by it during the Contract, shall notdiscriminate on the grounds ofrace, color, sex, sexual orientation, gender identity, national origin, religion, disability, ancestry, or status as a veteran in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The LPA shall not participate either directly or indirectly in the discrimination prohibited by section 21.5of the Regulation, including employment practices when the Contract covers aprogram set forth in Appendix B of theRegulations. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the LPA for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the LPA of the LPA's obligations under this Contract, and the Regulations relative tonondiscrimination on the grounds of race, color, sex, sexual orientation, gender identity, national origin, religion, disability, ancestry, income status, limited English proficiency, or status as aveteran. Page 13of 16 D. Information and Reports: The LPA shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access toits books, records, accounts, other sources of information, and its facilities as may be determined by the Indiana Department of Transportation and Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where anyinformation required ofaLPA is in the exclusive possession of another who fails or refuses to furnish thisinformation, the LPA shall so certify to the Indiana Department of Transportation or the Federal Highway Administration as appropriate, and shall set forth what efforts ithas made to obtain the information. E. Sanctions for Noncompliance: In the event of the LPA'snoncompliance with the nondiscrimination provisions of this Contract, the Indiana Department of Transportation shall impose such contract sanctions as itor the Federal Highway Administration may determine to be appropriate, including, butnot limited to: (a) withholding payments to the LPA under the Contract until the LPAcomplies, and/or b) cancellation, termination or suspension of the Contract, in whole or in part. F. Incorporation of Provisions: TheLPA shall include the provisions of paragraphs a through f inevery subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, ordirectives issued pursuant thereto. The LPA shall take such action with respect to any subcontract or procurement as the Indiana Department of Transportation or the Federal Highway Administration may direct as ameans of enforcing such provisions including sanctions for non-compliance, provided, however, that in the event the LPA becomes involved in, or isthreatened with, litigation with asubcontractor or supplier as aresult of such direction, the LPA may request the Indiana Department of Transportation to enter into such litigation to protect the interests ofthe Indiana Department of Transportation, and, in addition, the LPA may request the United States of America to enter into such litigation toprotect the interests of the United States of America. 6.18. Payment. All payments (ifany) shall be made thirty-five (35) days in arrears in conformance with State fiscal policies and procedures and, asrequired by IC §4-13-2-14.8, thedirect deposit by electronic funds transfer to the financial institution designated by the LPA in writing unless a specific waiver has been obtained from the Indiana Auditor of State. No payments will bemade in advance of receipt of the goods or services thatare the subject ofthis Contract except aspermitted by IC §4-13-2-20. 6.19. Penalties, Interest and Attorney'sFees. INDOT will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney'sfees, except as required by Indiana law in part, I.C. 5-17-5, I.C. 34-54-8, andI.C. 34-13-1. Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State'sfailure to make prompt payment shall be based solely on the amount of funding originating from the State and shall not be basedon funding from federal or other sources. 6.20. Pollution Control Requirements. Ifthis Contract isfor $100,000 or more, the LPA: A. Stipulates any facility to be utilized in performance under or to benefit from this Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, asamended; Page 14of 16 B. Agrees tocomply with all of the requirements ofthe Clean Air Act (including section 114) and the Federal Water Pollution Control Act (including section 308) and all regulations and guidelines issued there under; and C. Stipulates, as acondition of federal aid pursuant to this Contract, itshall notify INDOT and the FHWA of the receipt of any advice indicating that afacility to be utilized in performance under or to benefit from this Contract is under consideration to be listed on the EPA List of Violating Facilities. 6.21 Prohibited Telecommunications andVideo Surveillance Equipment andServices. In accordance with federal regulations (including 2CFR 200.216 and 2CFR 200.471), the Contractor isprohibited from purchasing, procuring, obtaining, using, or installing any telecommunication orvideo surveillance equipment, services, or systems produced by: A. Huawei Technologies Company or ZTE Corporation (orany subsidiary or affiliate ofsuch entities), OR B. Hytera Communication Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities), for any purpose to fulfill its obligations under this Contract. The Contractor shall be responsible to ensure that any subcontractor isbound by and complies with the terms of this provision. Breach of this provision shall be considered amaterial breach of this Contract. 6.22 Severability. The invalidity of any section, subsection, clause or provision ofthe Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of the Contract. 6.23. Status of Claims. The LPA shall beresponsible for keeping INDOT currently advised as tothe status of any claims made for damages against theLPA resulting from services performed under this Contract. The LPA shall send notice of claims related to work under thisContract to: Chief Counsel Indiana Department of Transportation 100 North Senate Avenue, Room N758 Indianapolis, Indiana 46204-2249 6.24. General. This Contract represents the entire understanding between the PARTIES relating to the subject matter and supersedes any and all prior oral and/or written communications, understandings or agreements relating to the subject matter. Any amendment or modification to this Contract must be in writing and be signed by duly authorized representatives of the PARTIES (andby all necessary approving State agencies orparties). Neither this Contract nor any portions of itmay be assigned, licensed or otherwise transferred by the LPA without the prior written consent of INDOT. This Contract will be binding upon the PARTIES and their permitted successors or assigns. Failure of either Party to enforce any provision of this Contract will not constitute or be construed as awaiver of such provision or of the right to enforce such provision. All captions, section headings, paragraph titles and similar items are provided for the purpose of reference and convenience and are not intended to be inclusive, definitive or to affect theinterpretation of this Contract. The Recitals and Notice to PARTIES" on page 1of the Contract arehereby made an integral part and specifically incorporated into thisContract. Remainder of thispage intentionally left blank.\] Page 15of 16 Non-Collusion and Acceptance The undersigned attests, subject to the penalties for perjury, that the undersigned isthe LPA, or that the undersigned isthe properly authorized representative, agent, member orofficer of the LPA. Further, to the undersigned'sknowledge, neither the undersigned nor any other member, employee, representative, agent or officer of the LPA, directly or indirectly, hasentered intoor been offered any sum of money or other consideration for the execution of this Contract other than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge that astate officer, employee, or special state appointee, asthose terms are defined in IC4-2-6-1, has a financial interest inthe Contract, theParty attests tocompliance with the disclosure requirements in IC 4-2-6-10.5. Agreement to Use Electronic Signatures Iagree, and itismy intent, to sign this Contract by accessing State of Indiana Supplier Portal using the secure password assigned to me and by electronically submitting this Contract to the State of Indiana. I understand thatmy signing and submitting thisContract inthis fashion isthe legal equivalent of having placed my handwritten signature on the submitted Contract and this affirmation. Iunderstand and agree that by electronically signing and submitting this Contract in thisfashion Iam affirming to the truth of the information contained therein. Iunderstand that this Contract will not become binding on the State until it has been approved by the Department of Administration, the State Budget Agency, and the Office of the Attorney General, which approvals will be posted on theActive Contracts Database: https://secure.in.gov/apps/idoa/contractsearch/ In Witness Whereof, the LPA and the State have, through their duly authorized representatives, entered into this Contract. The PARTIES, having read and understood the foregoing terms of this Contract, do by their respective signatures dated below agree to the terms thereof. CITY OF CARMEL Indiana Department of Transportation By:\\s1\\ ___________________________ By:\\s2\\______________________ Title:\\t1\\______________________________ Title:\\t2\\_______________________ Date:\\d1\\_________________________ Date:\\d2\\_____________________ Electronically Approved by: Electronically Approved by: Department ofAdministration State Budget Agency By: (for) Rebecca Holwerda, Commissioner By: (for) Zachary Q. Jackson, Director Form approval has been granted by the Office of theAttorney General pursuant to IC 4-13-2-14.3(e) on March 22, 2022. FA 22-16 Page 16of 16 ATTACHMENT A PROJECT FUNDS I. Project Costs. A. This contract isjust for the one (1) phase checked below: Preliminary Engineering or Right-of-Way or X Construction; B. Ifthe Program isreceiving federal-aid funds for the project, the LPA isallocated thefunds through the MPO as written in their fiscally constrained TIP. Any adjustments (positive or negative) to the dollar amount listed in the TIP, or anyincrease or decrease in the funding from aprior year, authorized by the MPO that may not bereflected in the current TIP, are hereby considered adjustments tothe contract between the LPA and INDOT, as the MPO must maintain fiscal constraint for all projects listed. Federal funds made available to the LPA by INDOT will beused to pay 80% of the eligible Project costs. The maximum amount of federal-aid funds allocated to the Project isdependent upon the current TIPallocation. As of this date, April 20, 2022, the maximum amount according to theTIP dated February 25, 2022, is $337,500.00. The most current MPO TIP page, or MPO authorization, is uploaded into INDOT'sScheduling Project Management System (SPMS). OR C. Federal-aid Funds made available to the LPA by INDOT willbe used to pay % of the eligible Project costs. The maximum amount offederal funds allocated to the project is $ . D. The LPA understands and agrees that itisINDOT'spolicy to only allow non-discretionary changes to aProject scope after bidding. Changes to the Project scope after bidding that are by the choice of the LPA and are not required to complete the Project will not be eligible for federal-aid funds and must be funded 100% locally. E. The LPA understands and agrees that the federal-aid funds allocated to the Project are intended to accomplish the original scope of the Project as designed. IftheProject bid prices are lower than estimated, the LPA may not utilize those federal-aidfunds and the remaining balance of federal-aid funds willrevert back to the Local Program. F. Ifthe Program isGroup Ior Group II, Section E. does not apply. Ifthe Project bid prices are lower than estimated, the LPA may not utilize those federal-aidfunds and the remaining balance of federal-aid funds will revert back to the MPO. G. The remainder of the Project cost shall be borne by the LPA. For the avoidance of doubt, INDOT shallnotpay for anycosts relating to the Project unless the PARTIES have agreed in adocument (which specifically references section I.D. of Attachment Aof this Contract) signed byan authorized representative ofINDOT, the Indiana Department ofAdministration, State Budget Agency, and the Attorney General of Indiana. H. Every project must have aproject end date based upon the reasonable timeframe for the project phase to be completed. Ifa project enddate lapses, the project isno longer eligible for federal reimbursement in accordance with 2CFR 200. Seehttps://www.in.gov/indot/2833.htm. Page 1of 2 I. Costs will beeligible for FHWA participation provided thatthe costs: 1) Arefor work performed for activities eligible under the section of title 23, U.S.C., applicable to theclass of funds used for theactivities; 2) Are verifiable from INDOT'sor the LPA'srecords; 3) Are necessary and reasonable for proper and efficient accomplishment ofproject objectives and meet the other criteria for allowable costs in the applicable cost principles cited in 49 CFR 18.22; 4) Are included in the approved budget, or amendment thereto; and 5) Were not incurred prior to FHWA authorization. II. Billings. A. Billing: 1. When INDOT awards and enters into a contract (i.e., construction, utility, and/or railroad) on behalf of the LPA, INDOT will invoice the LPA for its share of the costs. The LPA shall pay theinvoice within thirty (30) calendar days from date ofINDOT's billing. 2. The LPA understands time isof the essence regarding the Project timeline and costs and delays in payment may cause substantial time delays and/or increased costs forthe Project. 3. Ifthe LPA has notpaid the full amount due within sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this Contract, including the contracts listed in II.A.1of Attachment A and/or proceed in accordance with I.C. 8-14-1-9to compel the Auditor of the State of Indiana to make a mandatory transfer of funds from the LPA'sallocation of theMotor Vehicle Highway Account to INDOT'saccount. 4. Federal funds on projects which have not been billed for atwelve (12) month period are considered inactive and must be removed from theproject in accordance with 2CFR 200. To receive federal funding within the twelve (12) month period, INDOT must receive a billing within nine (9) months. See https://www.in.gov/indot/2833.htm. III. Repayment Provisions. Iffor anyreason, INDOT isrequired to repay to FHWA thesumor sums of federal funds paid to the LPA or on behalf of the LPA under the terms of this Contract, then the LPA shall repay to INDOT such sum or sums within thirty (30) days after receipt of abilling from INDOT. Ifthe LPA has not paid the full amount duewithin sixty (60) calendar days past the due date, INDOT may proceed in accordance with I.C. 8-14-1-9to compel the Auditor of the State of Indiana to make amandatory transfer offunds for the LPA'sallocation of the Motor Vehicle Highway Account to INDOT'saccount until the amount due has been repaid. Page 2of 2 RESOLUTION NO. BPW 06-01-22-03 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2022. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge Agreement INDOT LPA62641.docx5/23/2022 2:00PM INDIANA DEPARTMENT OF TRANSPORTATION -LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT CONTRACT #0000000000000000000062641 Des. No.: 2200152 LPA DUNS/UEI #FY55BHEGR2J5 CFDA No.: 20.205 This Contract isentered intoby and between the State of Indiana, acting by andthrough the Indiana Department of Transportation, (hereinafter referred to as "INDOT"), and the CITY OF CARMEL, a local public agency in the State of Indiana (hereinafter referred to as the "LPA"), and collectively referred to as the "PARTIES" isexecuted pursuant to the terms and conditions set forth herein and shall be effective as of the date ofapproval bythe Office ofthe Indiana Attorney General. In consideration ofthose mutual undertakings and covenants, the PARTIES agree asfollows: NOTICE TO PARTIES Whenever any notice, statement or other communication isrequired under this Contract, itshall be sent to thefollowing address, unless otherwise specifically advised. A.Notice toINDOT, regarding contract provisions shall be sent to: Office of LPA and Grant Administration Attention: Director of LPA and Grant Administration 100 North Senate Avenue, Room N758 -LPA Program Indianapolis, Indiana 46204 With acopy to: Chief Legal Counsel and Deputy Commissioner Indiana Department of Transportation 100 North Senate Avenue, Room N758 Indianapolis,Indiana 46204 B.Notices toINDOT regarding project management shall be sent to respective District Office: INDOT Greenfield District 32 South Broadway Greenfield, Indiana 46140 C.Notices to the LPA shall be sent to: City of Carmel One Civic Square Carmel, IN46032 Page 1of 16 RECITALS WHEREAS, the LPA has submitted an application to receive federal funds for the project described in Attachment A (the "Project"), which is attached herein and made an integral part of this Contract; and WHEREAS, INDOT hasapproved of the LPA'sapplication for federal funding, andthe PARTIES desire to enter into this Contract to establish the responsibilities for the Project; and WHEREAS, the LPA shall be responsible forits share of the Project cost as stated in this Contract; and WHEREAS, the LPA desires to expedite delivery of the Project, comply with all federal requirements and fiscally manage the Project; and WHEREAS, the PARTIES have determined the Project isin the best interests of the citizens of the State of Indiana; and WHEREAS, the PARTIES execute this Contract pursuant to Indiana Code §§ 8-23-2-5, 8-23-2-6, 8-23-4-7, 36-1-4-7, and 36-1-7-3, and Titles 23 and 49 of theUnited States Code and Titles 23 and 49 of the Code of Federal Regulations; and NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the LPA and INDOT agree asfollows: I. PROJECT DESCRIPTION. 1.1. The Parties are entering into this Contract tocomplete theProject described as follows: Des. No. 2200152 Program: Group I Transportation Alternatives Type of Project: Bike Pedestrian Facilities thGeneralScope/Location: Carmel Bike Pedestrian Facilities on 96Street over I-465 Bridge 1 II. LPA RESPONSIBILITIES. 2.1.The LPA shall complete the Project in accordance with INDOT'sDesign Manual (See http://www.in.gov/indot/design_manual/) and all pertinent state and federal laws, regulations, policies and guidance, including the INDOT'sLPA Guidance Document (See https://www.in.gov/indot/2390.htm ). The LPA or its consultant shall prepare the environmental document(s) for the Project in accordance with INDOT'sEnvironmental Manual (See http://www.in.gov/indot/2523.htm). Land acquisition for the Project by the LPA or itsconsultant shall be in accordance with INDOT'sReal Estate Manuals (See http://www.in.gov/indot/2493.htm). 2.2.The LPA shall select the consultant in accordance with INDOT'sconsultant selection procedure for the consultant services to beeligible for federal funding or federal credits. Page 2of 16 2.3.Ifthe LPA contracts with aconsultant, contractor, orother agent to complete work on the Project, the LPA may use either the "LPA-CONSULTANT Agreement", which is found at http://www.in.gov/indot/2833.htm, or an agreement that hasbeen reviewed and approved by INDOT. 2.4. The LPA shall provide allrelevant documents including, but notlimited to, allplans, specifications, and special provisions, to INDOT for its review. Upon INDOT'sreview, the LPA shall modify the submittal in accordance with INDOT'smodifications or comments, ifany. Ifthe LPA fails to provide asubmittal, untimely provides the submittal, or the submittal is not approvable, the schedule, cost, and federal funds for the Project may be jeopardized. 2.5. The LPA shall complete all right-of-way acquisition, utility coordination and acquire the necessary permit(s) and submit documentation of such to INDOT. The utility coordination shall be in accordance with 105IAC 13. 2.6. IftheLPA fails to meet any of the requirements of Sections 2.1, 2.2, 2.4, or 2.5above, INDOT will notlet theconstruction Project. IfINDOT, andFHWA where necessary, approve LPA'ssubmittals, INDOT shall schedule the Project for letting atthe next reasonable date. 2.7. The cost of the invoice of the construction, utility, and/or railroad work shall be paid by the LPA no later than thirty (30) calendar days from the date of letting. 2.8. The LPA shall make timely payments of costs to INDOT to avoid delays and increased costs to the Project. Ifthe LPA fails to make timely payments of the full amount invoiced byINDOT, within sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this Contract, including thecontracts listed in II.A.1 of Attachment A, which isattached hereto and incorporated herein by reference, and/or proceed in accordance with I.C. 8-14-1-9 to compel the Auditor of the State of Indiana to make amandatory transfer of funds from the LPA'sallocation of the Motor Vehicle Highway Account to INDOT'saccount. 2.9. The LPA shall be responsible for allcosts associated with additional provisions and/or expenses in excess of the federal funds allocated to the Project. The LPA, in conjunction with FHWA (if applicable) and INDOT shall review and approve all change orders submitted by the field Project Engineer/Supervisor, and such approvals shall not be unreasonably withheld. 2.10. The LPA shall provide competent and adequate engineering, testing, and inspection service to ensure the performance of the work is in accordance with the construction contract, plans andspecifications and any special provisions or approved change orders. If, in INDOT'sopinion, the services enumerated in this Section are deemed to be incompetent, inadequate or are otherwise insufficient, or ifa dispute arises, INDOT shall, in its sole discretion, have the right to supplement the services or replace the engineers orinspectors providing these services at thesole expense ofthe LPA. 2.10.1. Ifproject inspection will beprovided by full-time LPA employees, the personnel must be employees ofthe LPA. Temporary employment or retainage-based payments are not permissible. INDOT must pre-approve, inwriting, the LPA's personnel. Only costs incurred after INDOT'swritten notice toproceed to theLPA shall be eligible for federal-aid participation. Allclaims for federal aidshall be submitted to the District office, referenced on Page 1ofthe Contract for payment. 2.10.2. Ifproject inspection will be provided by the LPA'sconsultant, INDOT must approve, in writing, the consultant personnel prior to their assignment to the Project. The LPA shall execute acontract with aconsultant setting forth the scope of work and fees. The LPA shall submit this contract to INDOT prior to INDOT'sReady for Contracts date for the Project. Only costs incurred after INDOT'swritten notice to proceed to theLPA and the LPA's written notice to proceed tothe consultant shall be eligible for federal aid participation. All claims forfederal aid shall be submitted to the District office, referenced on page 1of this Contract for payment. Page 3of 16 2.11. The LPA shall submit reports, including but not limited to quarterly reports, to INDOT regarding the Project's progress and the performance of work per INDOT standard reporting methods. Ifthe required reports are not submitted, federal funds may be withheld. 2.12. The LPA hereby agrees that all utilities which cross or otherwise occupy the right-of-way of said Project shall be regulated on a continuing basis by the LPA in accordance with INDOT's Utility Procedure and Accommodation Policy (See https://www.in.gov/indot/doing-business-with- indot/files/UAP-Final-Draft-5.29.19.pdf). The LPA shall execute written use and occupancy contracts as defined in this Policy. 2.13. IfFHWA or INDOT invokes sanctions per Section 6.6.2. of this Contract, or otherwise denies or withholds federal funds (hereinafter called acitation or cited funds) for anyreason andfor all or any part of the Project, the LPA agrees asfollows: 2.13.1. In the event of acorrectable noncompliance, the LPA shall make the corrections to the satisfaction of FHWA andINDOT in a reasonable amount of time. In the event the LPA fails tomake therequired corrections, Sections 2.14.2and 2.14.3 (as applicable) shall apply. 2.13.2. In the event acitation for noncompliance: (1) isunable to be corrected, (2) the LPA fails to make corrections, (3) the LPA makes corrections which are not acceptable to FHWA and INDOT, or (4) forwhatever reason the FHWA citation continues in force beyond a reasonable amount of time, Section 2.14.2shall apply and adjustments shall be made as follows: A. The LPA shall reimburse INDOT the total amount ofall right-of-way costs that are subject to FHWA citation which have been paid by INDOT to the LPA. B. Ifno right-of-way costs have been paid by INDOT to the LPA or on the LPA'sbehalf, INDOT shall notpay anyclaim or billing for right-of-way that issubject tothe FHWA citation. C. The LPA isnot entitled to bill INDOT or to be reimbursed for any of its right-of-way liabilities or costs that are subject to any FHWA citation in force. 2.13.3. IfFHWA issues acitation denying or withholding all or any part of construction costs due toLPA's noncompliance with right-of-way requirements, and construction work has commenced, the following shall apply: A. INDOT may elect to terminate, suspend, or continue construction work in accordance with the provisions of the construction contract. B. INDOT may elect to pay its obligations under theprovisions of theconstruction contract. C. If the noncompliance can be corrected, the LPA shall make the corrections in a reasonable amount of time to the satisfaction of FHWA and INDOT. D. Inthe event acitation for noncompliance: (1) isunable to be corrected, (2) the LPA fails to make corrections, (3) the LPA makes corrections which are not acceptable to FHWA and INDOT, or (4) for whatever reason the FHWA citation continues in force beyond areasonable amount oftime, and construction work has been terminated or suspended, the LPA shall reimburse INDOT the full amount the LPA paid for said construction work, less the amount offederal funds allowed by FHWA. Page 4of 16 2.13.4. The LPA shall reimburse INDOT the total cost of the Project not eligible for federal participation. 2.13.5. Iffor any reason INDOT isrequired to repay to FHWA the sum(s) of federal funds paid to the LPA orany other entity through INDOT under the terms of this Contract, then the LPA shall repay to INDOT such sum(s) within forty-five (45) days after receipt of an invoice from INDOT. Payment for any and all costs incurred by the LPA which are not eligible for federal funding shall be the sole obligation of the LPA. III. INDOT RESPONSIBILITIES. 3.1.INDOT shall have full authority and access to inspect and review all plans, specifications, and special provisions for the Project, regardless of when those plans, specifications, special provisions, or other such Project documents were created. 3.2.After the LPA has submitted andINDOT has accepted all pre-letting documents, INDOT will prepare the Engineer'sEstimate for construction ofthe Project. 3.3.Ifthe LPA owes INDOT money which ismore than sixty (60) days past due, INDOT will not open the construction bids for the Project. 3.4.Not later than sixty (60) calendar days after receipt by INDOT of acertified copy of aresolution from the LPA'sfiscal body authorizing the LPA to make payment to INDOT according to the terms of Attachment A, and fulfillment of all other pre-letting obligations of this Contract, INDOT shall, in accordance with applicable laws and rules, including I.C. 8-23-9, I.C. 8-23-10, and 105 I.A.C. 11, conduct ascheduled letting. 3.5.Subject to theLPA'swritten approval, INDOT shall award the construction contract forthe Project according to applicable laws and rules. 3.6.Notlater than seven (7) calendar days after INDOT awards theconstruction contract described above, INDOT shall invoice the LPA for the LPA'sshare of theconstruction cost. 3.7.IfINDOT has received theLPA'sshare ofthe Project construction cost and if thelowest qualified bidder has not otherwise been disqualified, INDOT shall issue notice to proceed for the Project to the contractor within fourteen (14) calendar days of its receipt of the LPA'sshare of the construction cost. 3.8.INDOT shall have the right and opportunity to inspect anyconstruction under this Contract to determine whether the construction isin conformance with the plans and specifications for the Project. 3.9.In the event theengineering, testing, and inspection services provided by the LPA, in the opinion of INDOT, are deemed to be incompetent or inadequate or are otherwise insufficient or adispute arises, INDOT shall, inits sole discretion, have the right to supplement the engineering, testing, and inspection force or to replace engineers or inspectors employed in such work atthe expense of the LPA. INDOT's engineers shall control the work the same as onother federal aid construction contracts. 3.10. After the final Project audit isapproved by INDOT, theLPA shall, within forty-five (45) days after receipt of INDOT'sinvoice, make final payment to INDOT pursuant to Attachment Aor INDOT shall, within forty-five (45) days after approval of the audit, refund any Project overpayment to the LPA. IV. PROJECT FUNDS. Page 5of 16 4.1.INDOT will not share in thecost of the Project. INDOT will disburse funds from time to time; however, INDOT will be reimbursed by the Federal Highway Administration (FHWA) or the LPA. Payment will be made for the services performed under this Contract inaccordance with Attachment A (Project Funds). V. TERM AND SCHEDULE. 5.1. Ifthe LPA has the plans, special provisions, and cost estimate (list of pay items, quantities, and unit prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds about 7weeks before thedate bids are opened forthe construction contract), between July 1, 2023 and June 30, 2024, INDOT will make the federal funds shown in Section I.B. and/or Section I.C. of Attachment A available for the Project, provided the Project iseligible, and provided the federal funds shown in Section I.B. of Attachment A are available. 5.2. In the event that federal funds for the Project are notobligated during the time listed in Section 5.1, but the LPA hasthe plans, special provisions, and cost estimate for the Project ready such that federal funds can be obligated between July 1, 2024 and June 30, 2026, INDOT will schedule the contract for letting, provided the Project iseligible, and provided the federal funds shown in Section I.B. and/or section I.Cof Attachment A are available. 5.3. In the event that federal funds for the Project are not obligated during the period listed in Section 5.1or Section 5.2, the federal funds allocated to the Project may be obligated in the fiscal year chosen by INDOT or the federal funds allocated to the Project will lapse. Ifthe LPA provides notice to INDOT that any purchase order can be closed for any phase of the Project, then the federal funds that had been obligated and/or allocated to the Project shall be forfeited by the LPA as ofthe date of thenotice. If a purchase order for any phase goes inactive after nine months, the federal funds shall be forfeited by the LPA. 5.4. Ifthe Program is Group IorGroup II, Sections 5.1, 5.2and 5.3do not apply, but willbe obligated according to the fiscal year programmed in the most current MPO TIP, provided the MPO funding is within their fiscal year allocation. VI.GENERAL PROVISIONS 6.1.Access to Records. The LPA shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to the costincurred under this Contract, and shall make such materials available at their respective offices at all reasonable times during the period of this Contract and forfive (5) years from the date of final payment under the terms of this Contract, for inspection or audit by INDOT and/or the Federal Highway Administration ("FHWA") or its authorized representative, and copies thereof shall be furnished free of charge, ifrequested by INDOT, and/orFHWA. The LPA agrees that, upon request by any agency participating in federally- assisted programs with whom the LPA has contracted or seeks to contract, the LPA may release or make available to theagency any working papers from an audit performed by INDOT and/or FHWA of theLPA in connection with this Contract, including any books, documents, papers, accounting records and other documentation which support or form the basis for the audit conclusions and judgments. 6.2.Assignment of Antitrust Claims. As part of the consideration for the award of this Contract, the LPA assigns to the State all right, title andinterest in and to anyclaims the LPA now has, ormay acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Contract. 6.3.Audits. The LPA acknowledges thatitmay be required to submit to an audit of funds paid through this Contract. Any such audit shall be conducted in accordance with IC §5-11-1, et seq., and audit Page 6of 16 guidelines specified by the State. The State considers the LPA to be a "sub-recipient" for purposes of thisContract. However, ifrequired byapplicable provisions of the Office of Management and Budget Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations), following the expiration ofthis Contract the LPA shall arrange for afinancial and compliance audit of funds provided by the State pursuant to this Contract. Such audit is to be conducted by an independent public or certified public accountant (or as applicable, the Indiana State Board of Accounts), and performed in accordance with Indiana State Board of Accounts publication entitled Uniform Compliance Guidelines for Examination of Entities Receiving Financial Assistance from Governmental Sources," and applicable provisions of the Office of Management and Budget Circulars A-133 (Audits of States, Local Governments, andNon-Profit Organizations). The LPA is responsible for ensuring that the audit and any management letters are completed andforwarded to the State inaccordance with theterms of this Contract. For audits conducted pursuant to Indiana Code 5-11-1, and audited by the Indiana State Board of Accounts on the time schedule set forth by the Indiana State Board of Accounts, theLPA shall provide tothe Indiana State Board of Accounts, all requested documentation necessary to audit the Local Public Agency in its entirety. Ifthe audit isconducted by an independent public or certified public accountant and not the Indiana State Board of Accounts, the LPA shall submit the completed audit to the Indiana State Board of Accounts within 10 (ten) days of the completion of the audit. The audit shall be an audit ofthe actual entity, or distinct portion thereof that isthe LPA, and not of aparent, member, or subsidiary corporation of the LPA, except to the extent such an expanded audit may be determined by the Indiana State Board of Accounts or the State to be in the best interests of the State. 6.4.Authority to Bind LPA. The signatory for the LPA represents that he/she has been duly authorized to execute this Contract on behalf of the LPA, and hasobtained all necessary or applicable approvals to make this Contract fully binding upon the LPA when his/her signature isaffixed and accepted by the State. 6.5.Certification for Federal-Aid Contracts Lobbying Activities. The LPA certifies, by signing and submitting this Contract, to the best of its knowledge and belief that theLPA hascomplied with Section 1352, Title 31, U.S. Code, andspecifically, that: A. No Federal appropriated funds have been paid or willbe paid, by or on behalf of the LPA, to any person for influencing or attempting toinfluence anofficer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal agreement, the making of anyFederal grant, the making of anyfederal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal agreement, grant, loan, orcooperative agreement. B. Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing orattempting to influence an officer or employee ofany Federal agency, aMember ofCongress, an officer or employee of Congress, oran employee of aMember of Congress in connection with this federal agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, (Disclosure Form to Report Lobbying), in accordance with its instructions. C. The LPA also agrees by signing this Contract that itshall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. Any person who fails tosign or file this required certification shall be subject to acivil penalty of not lessthan $10,000and not more than $100,000 for each failure. Page 7of 16 6.6.Compliance with Laws. 6.6.1. The LPA shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment or modification of any applicable state or federal statute or the promulgation of rules or regulations there under, after execution of this Contract shall be reviewed by INDOT and the LPA to determine whether the provisions of this Contract require formal modification. 6.6.2. The LPA acknowledges that federal requirements provide for the possible loss of federal funding to one degree or another when the requirements of Public Law 91-646 and other applicable federal and state laws, rules andregulations are not complied with. 6.6.3. The LPA acknowledges paragraph 7of the Federal Highway Program Manual, Volume 7, Chapter 1, Section 3, entitled "Withholding Federal Participation" which isherewith quoted in part asfollows: "Where correctable noncompliance with provisions oflaw or FHWA requirements exist, federal funds may be withheld until compliance is obtained. Where compliance isnot correctable, theFHWA may deny participation in parcel or project costs inpart or in total." 6.6.4. The LPA and its agents shall abide by all ethical requirements that apply to persons who have abusiness relationship with the State as set forth in IC §4-2-6, etseq., IC §4-2-7, et seq. and the regulations promulgated thereunder. If the LPA has knowledge, or would have acquired knowledge with reasonable inquiry, that astate officer, employee, or special state appointee, as those terms are defined in IC4-2-6-1, hasa financial interest in the Contract, the LPA shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5prior to the execution of this Contract. Ifthe LPA isnot familiar with these ethical requirements, the LPA should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General's website at http://www.in.gov/ig/. Ifthe LPA or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Contract immediately upon notice to the LPA. In addition, the LPA may be subject topenalties under IC §§4-2-6, 4-2-7, 35-44.1-1- 4, and under anyother applicable laws. 6.6.5. The LPA warrants that the LPA and its contractors shall obtain and maintain all required permits, licenses, registrations, and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities under this Contract. Failure to do so may be deemed amaterial breach of this Contract and grounds for immediate termination and denial of further work with the State. 6.6.6. As required by IC §5-22-3-7: 1) The LPA and any principals ofthe LPA certify that: A. the LPA, except forde minimis and nonsystematic violations, has notviolated the terms of: i) IC §24-4.7 \[Telephone Solicitation Of Consumers\]; ii) IC §24-5-12 \[Telephone Solicitations\]; or iii) IC §24-5-14 \[Regulation of Automatic Dialing Machines\]; in the previous three hundred sixty-five (365) days, even ifIC §24-4.7 ispreempted by federal law; and B. the LPA will not violate the terms of IC §24-4.7for the duration of the Contract, even ifIC §24-4.7ispreempted by federal law. 2) The LPA and anyofficials of the LPA certify that an affiliate or official of the LPA and anyagent acting on behalf of the LPA or on behalf of an affiliate or official of the LPA except for deminimis and nonsystematic violations, Page 8of 16 A. has not violated the terms of IC §24-4.7in the previous three hundred sixty-five 365) days, even ifIC §24-4.7is preempted by federal law; and B. will not violate the terms of IC §24-4.7for the duration of the Contract, even if IC §24-4.7ispreempted by federal law. 6.7.Debarment and Suspension. 1. The LPA certifies byentering into this Contract that neither itnor its principals nor any ofits contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term "principal" for purposes of this Contract means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, ora person who has a critical influence on or substantive control over the operations of the LPA. 2. The LPA certifies that itwill verify the state and federal suspension and debarment status for all contractors receiving funds under this Contract and shall be solely responsible for any recoupment, penalties or costs that might arise from use of asuspended or debarred contractor. The LPA shall immediately notify INDOT ifany contractor becomes debarred or suspended, and shall, at INDOT'srequest, take allsteps required by INDOT to terminate itscontractual relationship with the contractor for work tobe performed under this Contract. 6.8.Disadvantaged Business Enterprise Program. Notice is hereby given to the LPA or aLPA Contractor that failure to carry out the requirements set forth in 49CFR Sec. 26.13(b) shall constitute abreach ofthis Contract and, after notification, may result in termination of this Contract or such remedy asINDOT deems appropriate. The referenced section requires the following policy and disadvantaged business enterprise ("DBE") assurance to be included in all subsequent contracts between theLPA and any contractors, vendors or suppliers: The LPA shall not discriminate onthe basis of race, color, national origin, or sex in the performance of this Contract. The LPA shall carry out applicable requirements of 49 CFR Part 26 in theaward and administration of DOT-assisted contracts. Failure by the LPA to carry out these requirements isamaterial breach of this Contract, which may result in the termination ofthis Contract or such other remedy, as INDOT, as the recipient, deems appropriate. As part of the LPA'sequal opportunity affirmative action program, itisrequired thattheLPA shall take positive affirmative actions and put forth good faith efforts tosolicit proposals orbids from and to utilize disadvantaged business enterprise contractors, vendors orsuppliers. 6.9.Disputes. 6.9.1. Should any disputes arise with respect to this Contract, theLPA and INDOT agree to act immediately to resolve such disputes. Time isof the essence inthe resolution of disputes. 6.9.2. The LPA agrees that, the existence of adispute notwithstanding, itshall continue without delay to carry out all ofits responsibilities under this Contract that are not affected by the dispute. Should the LPA fail to continue toperform its responsibilities regarding all non- disputed work, without delay, any additional costs incurred by INDOT or theLPA as a result of such failure toproceed shall be borne bythe LPA. Page 9of 16 6.9.3. Ifaparty to the contract isnot satisfied with the progress toward resolving a dispute, the party must notify in writing the other party of this dissatisfaction. Upon written notice, the PARTIES have ten (10) working days, unless the PARTIES mutually agree to extend this period, following the notification to resolve the dispute. Ifthe dispute is notresolved within ten (10) working days, a dissatisfied party will submit the dispute in writing according tothe following procedure: 6.9.4. The PARTIES agree to resolve such matters through submission ofthis dispute to the Commissioner of INDOT. The Commissioner shall reduce adecision to writing and mail or otherwise furnish acopy thereof to the LPA within ten (10) working days after presentation of such dispute for action. The presentation may include aperiod of negotiations, clarifications, and mediation sessions and will not terminate until the Commissioner or one of the PARTIES concludes that the presentation period isover. The Commissioner'sdecision shall be final andconclusive unless either party mails or otherwise furnishes to the Commissioner, within ten (10) working days after receipt of the Commissioner'sdecision, awritten appeal. Within ten (10) working days of receipt by the Commissioner ofawritten request for appeal, the decision may be reconsidered. Ifaparty isnot satisfied with the Commissioner'sultimate decision, the dissatisfied party may submit the dispute to an Indiana court of competent jurisdiction. 6.9.5. INDOT may withhold payments on disputed items pending resolution of the dispute. The unintentional nonpayment by INDOT to the LPA of one or more invoices not in dispute in accordance with the terms of this Contract willnot be cause for LPA to terminate this Contract, and theLPA may bring suitto collect these amounts without following the disputes procedure contained herein. 6.10. Drug-Free Workplace Certification. As required by Executive Order No. 90-5dated April 12, 1990, issued by theGovernor ofIndiana, the LPA hereby covenants and agrees to make agood faith effort to provide and maintain adrug-free workplace. The LPA will give written notice to the State within ten (10) days after receiving actual notice that the LPA, or anemployee of the LPA in the State of Indiana, has been convicted of acriminal drug violation occurring in the workplace. False certification or violation of thiscertification may result insanctions including, but not limited to, suspension of contract payments, termination of this Contract and/or debarment of contracting opportunities with theState for upto three (3) years. In addition tothe provisions ofthe above paragraph, ifthe total amount set forth in this Contract is in excess of $25,000.00, the LPA certifies and agrees that itwill provide adrug-free workplace by: A. Publishing and providing to all of its employees astatement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of acontrolled substance is prohibited in the LPA'sworkplace, and specifying the actions that will be taken against employees for violations of such prohibition; B. Establishing adrug-free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the LPA'spolicy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring inthe workplace; C. Notifying all employees in the statement required by subparagraph (1) above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the LPA of anycriminal drug statute conviction for aviolation occurring inthe workplace no later than five (5) days after such conviction; Page 10of 16 D. Notifying theState in writing within ten (10) days after receiving notice from an employee under subdivision (3)(2) above, or otherwise receiving actual notice of such conviction; E. Within thirty (30) days after receiving notice under subdivision (3)(2) above of aconviction, imposing the following sanctions or remedial measures on anyemployee who isconvicted of drug abuse violations occurring in the workplace: (1) taking appropriate personnel action against the employee, up toand including termination; or (2) requiring such employee to satisfactorily participate inadrug abuse assistance or rehabilitation program approved for such purposes byafederal, state or local health, law enforcement, or other appropriate agency; and F. Making agood faith effort to maintain adrug-free workplace through the implementation of subparagraphs (A) through (E) above. 6.11. Employment Eligibility Verification. The LPA affirms under the penalties ofperjury that they do not knowingly employ an unauthorized alien. The LPA further agrees that: A. The LPA shall enroll in andverify the work eligibility status of all its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The LPA is not required to participate should the E-Verify program cease to exist. Additionally, the LPA is not required to participate iftheLPA isself-employed anddo notemployee any employees. B. The LPA shall not knowingly employ or contract with an unauthorized alien. The LPA shall not retain an employee or contract with a person that the LPA subsequently learns is an unauthorized alien. C. The LPA shall require itscontractors, who perform work under this Contract, to certify to the LPA that the contractor does not knowingly employ or contract with an unauthorized alien and that the contractor has enrolled and isparticipating in theE-Verify program. The LPA agrees to maintain this certification throughout the duration of theterm of acontract with acontractor. The State may terminate for default if theLPA fails to cure a breach of thisprovision no later than thirty (30) days after being notified by the State. 6.12. Force Majeure. In the event that any Party isunable to perform any of its obligations under this Contract or to enjoy anyof its benefits because of natural disaster or decrees of governmental bodies not thefault of the affected Party (hereinafter referred to as a "Force Majeure Event"), the Party who has been so affected shall immediately or as soon is reasonably possible under the circumstances give notice to the other Party andshall doeverything possible to resume performance. Upon receipt of such notice, all obligations under this Contract shall beimmediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice ofthe Force Majeure Event, the Party whose ability toperform has not been soaffected may, by giving written notice, terminate this Contract. 6.13. Funding Cancellation Clause. As required by Financial Management Circular 3.3and IC 5-22-17- 5, when the Director ofthe State Budget Agency makes awritten determination that funds are not appropriated or otherwise available tosupport continuation of the performance of this Contract, this Contract shall becanceled. A determination bythe Director ofthe State Budget Agency that funds are notappropriated or otherwise available to support continuation of performance shall be final and conclusive. 6.14. Governing Laws. This Contract shall be governed, construed and enforced in accordance with the laws of theState ofIndiana, without regard to its conflict of laws rules. Suit, ifany, must be brought in the State of Indiana. Page 11of 16 6.15. Indemnification. TheLPA agrees to indemnify, defend, exculpate, and hold harmless the State of Indiana, and INDOT and/or its/their officials, agents, representatives, attorneys and employees, individually and/orjointly, from any and allclaims, demands, actions, liability and/or liens that may be asserted by theLPA and/or by any other person, firm, corporation, insurer, government or other legal entity, forany claim fordamages arising out ofany and all loss, damage, injuries, and/or other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone onor off theright-of-way, arising out of or resulting from the performance of the contract or from the installation, existence, use, maintenance, condition, repairs, alteration and/or removal of any equipment or material, whether due in whole or in part to theacts and/or omissions and/or negligent acts and/or omissions: A. of the State of Indiana, INDOT, and/or its/their officials, agents, representatives, attorneys and/or employees, individually and/orjointly; B. of the LPA, and/or its officials, agents, representatives, attorneys and/or employees, individually and/or jointly; C. of any and all persons, firms, corporations, insurers, government or other legal entity engaged in the performance of the contract; and/or D. the joint negligence of any of them, including any claim arising out of the Worker's Compensation law or any other law, ordinance, order, or decree. The LPA also agrees to payall reasonable expenses and attorney'sfees incurred by or imposed on the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or employees, individually and/or jointly, in connection herewith in the event that the LPA shall default under the provisions ofthis section. The LPA also agrees to payall reasonable expenses and attorney'sfees incurred by or imposed on the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or employees, individually and/or jointly, in asserting successfully a claim against the LPA for indemnity pursuant to this contract. INDOT will not provide indemnification to the LPA. 6.16. Merger & Modification. This Contract constitutes the entire agreement between the PARTIES. No understandings, agreements, or representations, oral or written, not specified within this Contract will be valid provisions of this Contract. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by all necessary PARTIES. 6.17. Non-Discrimination. 6.17.1. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in keeping with the purposes of the Civil Rights Act of 1964 asamended, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, theLPA covenants that it shall not discriminate against any employee or applicant for employment relating to this Contract with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee'sor applicant'srace, color, national origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic protected by federal, state or local law ("Protected Characteristics"). The LPA certifies compliance with applicable federal laws, regulations and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services. Breach of this covenant may be regarded as amaterial breach of this Contract,but nothing in this covenant shall be construed to imply or establish anemployment relationship between the State and any applicant or employee of the LPA or any subcontractor. Page 12of 16 6.17.2. INDOT is arecipient of federal funds, and therefore, where applicable, the LPA and any subcontractors shall comply with requisite affirmative action requirements, including reporting, pursuant to41 CFR Chapter 60, as amended, and Section 202 of Executive Order 11246 as amended by Executive Order 13672. The LPA agrees that if theLPA employs fifty (50) or more employees and does at least 50,000.00 worth of business with theState and isnot exempt, the LPA will comply with the affirmative action reporting requirements of 41 CFR 60-1.7. The LPA shall comply with Section 202 of executive order 11246, as amended, 41CFR 60-250, and 41 CFR 60- 741, as amended, which are incorporated herein by specific reference. Breach of this covenant may be regarded as amaterial breach of Contract. Itisthe policy of INDOT to assure full compliance with Title VI of the Civil Rights Actof 1964, the Americans with Disabilities Act and Section 504of the Vocational Rehabilitation Act and related statutes and regulations inall programs and activities. Title VI and related statutes require that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under anyprogram or activity receiving Federal financial assistance. (INDOT'snondiscrimination enforcement isbroader than the language of Title VI and encompasses other State andFederal protections. INDOT's nondiscrimination enforcement shall include the following additional grounds: sex, sexual orientation, gender identity, ancestry, age, income status, religion, disability, limited English proficiency, or status as aveteran). 6.17.3. During the performance of this Contract, the LPA, for itself, itsassignees and successors in interest (hereinafter referred to as the "LPA") agrees to the following assurances under Title VIof the Civil Rights Act of 1964: A. Compliance with Regulations: The LPA shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49 CFR Part 21, asthey may be amended from time to time hereinafter referred to as the Regulations), which are herein incorporated by reference and made apart of this Contract. B. Nondiscrimination: The LPA, with regard to the work performed by it during the Contract, shall notdiscriminate on the grounds ofrace, color, sex, sexual orientation, gender identity, national origin, religion, disability, ancestry, or status as a veteran in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The LPA shall not participate either directly or indirectly in the discrimination prohibited by section 21.5of the Regulation, including employment practices when the Contract covers aprogram set forth in Appendix B of theRegulations. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the LPA for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the LPA of the LPA's obligations under this Contract, and the Regulations relative tonondiscrimination on the grounds of race, color, sex, sexual orientation, gender identity, national origin, religion, disability, ancestry, income status, limited English proficiency, or status as aveteran. Page 13of 16 D. Information and Reports: The LPA shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access toits books, records, accounts, other sources of information, and its facilities as may be determined by the Indiana Department of Transportation and Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where anyinformation required ofaLPA is in the exclusive possession of another who fails or refuses to furnish thisinformation, the LPA shall so certify to the Indiana Department of Transportation or the Federal Highway Administration as appropriate, and shall set forth what efforts ithas made to obtain the information. E. Sanctions for Noncompliance: In the event of the LPA'snoncompliance with the nondiscrimination provisions of this Contract, the Indiana Department of Transportation shall impose such contract sanctions as itor the Federal Highway Administration may determine to be appropriate, including, butnot limited to: (a) withholding payments to the LPA under the Contract until the LPAcomplies, and/or b) cancellation, termination or suspension of the Contract, in whole or in part. F. Incorporation of Provisions: TheLPA shall include the provisions of paragraphs a through f inevery subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, ordirectives issued pursuant thereto. The LPA shall take such action with respect to any subcontract or procurement as the Indiana Department of Transportation or the Federal Highway Administration may direct as ameans of enforcing such provisions including sanctions for non-compliance, provided, however, that in the event the LPA becomes involved in, or isthreatened with, litigation with asubcontractor or supplier as aresult of such direction, the LPA may request the Indiana Department of Transportation to enter into such litigation to protect the interests ofthe Indiana Department of Transportation, and, in addition, the LPA may request the United States of America to enter into such litigation toprotect the interests of the United States of America. 6.18. Payment. All payments (ifany) shall be made thirty-five (35) days in arrears in conformance with State fiscal policies and procedures and, asrequired by IC §4-13-2-14.8, thedirect deposit by electronic funds transfer to the financial institution designated by the LPA in writing unless a specific waiver has been obtained from the Indiana Auditor of State. No payments will bemade in advance of receipt of the goods or services thatare the subject ofthis Contract except aspermitted by IC §4-13-2-20. 6.19. Penalties, Interest and Attorney'sFees. INDOT will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney'sfees, except as required by Indiana law in part, I.C. 5-17-5, I.C. 34-54-8, andI.C. 34-13-1. Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State'sfailure to make prompt payment shall be based solely on the amount of funding originating from the State and shall not be basedon funding from federal or other sources. 6.20. Pollution Control Requirements. Ifthis Contract isfor $100,000 or more, the LPA: A. Stipulates any facility to be utilized in performance under or to benefit from this Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, asamended; Page 14of 16 B. Agrees tocomply with all ofthe requirements of the Clean Air Act (including section 114) and the Federal Water Pollution Control Act (including section 308) and all regulations and guidelines issued there under; and C. Stipulates, as acondition of federal aid pursuant to this Contract, itshall notify INDOT and the FHWA of the receipt of any advice indicating that afacility to be utilized in performance under or to benefit from this Contract is under consideration to be listed on the EPA List of Violating Facilities. 6.21 Prohibited Telecommunications andVideo Surveillance Equipment andServices. In accordance with federal regulations (including 2CFR 200.216 and 2CFR 200.471), the Contractor isprohibited from purchasing, procuring, obtaining, using, or installing any telecommunication orvideo surveillance equipment, services, or systems produced by: A. Huawei Technologies Company or ZTE Corporation (orany subsidiary or affiliate ofsuch entities), OR B. Hytera Communication Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities), for any purpose to fulfill its obligations under this Contract. The Contractor shall be responsible to ensure that any subcontractor isbound by and complies with the terms of this provision. Breach of this provision shall be considered amaterial breach of this Contract. 6.22 Severability. The invalidity of any section, subsection, clause or provision ofthe Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of the Contract. 6.23. Status of Claims. The LPA shall beresponsible for keeping INDOT currently advised as tothe status of any claims made for damages against theLPA resulting from services performed under this Contract. The LPA shall send notice of claims related to work under thisContract to: Chief Counsel Indiana Department of Transportation 100 North Senate Avenue, Room N758 Indianapolis, Indiana 46204-2249 6.24. General. This Contract represents the entire understanding between the PARTIES relating to the subject matter and supersedes any and all prior oral and/or written communications, understandings or agreements relating to the subject matter. Any amendment or modification to this Contract must be in writing and be signed by duly authorized representatives of the PARTIES (andby all necessary approving State agencies orparties). Neither this Contract nor any portions of itmay be assigned, licensed or otherwise transferred by the LPA without the prior written consent of INDOT. This Contract will be binding upon the PARTIES and their permitted successors or assigns. Failure of either Party to enforce any provision of this Contract will not constitute or be construed as awaiver of such provision or of the right to enforce such provision. All captions, section headings, paragraph titles and similar items are provided for the purpose of reference and convenience and are not intended to be inclusive, definitive or to affect theinterpretation of this Contract. The Recitals and Notice to PARTIES" on page 1of the Contract arehereby made an integral part and specifically incorporated into thisContract. Remainder of thispage intentionally left blank.\] Page 15of 16 Non-Collusion and Acceptance The undersigned attests, subject to the penalties for perjury, that the undersigned isthe LPA, or that the undersigned is the properly authorized representative, agent, member or officer of the LPA. Further, to the undersigned'sknowledge, neither the undersigned nor any other member, employee, representative, agent or officer of the LPA, directly or indirectly, hasentered intoor been offered any sum of money or other consideration for the execution of this Contract other than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge that astate officer, employee, or special state appointee, asthose terms are defined in IC4-2-6-1, has a financial interest in the Contract, the Party attests tocompliance with the disclosure requirements in IC 4-2-6-10.5. Agreement to Use Electronic Signatures Iagree, and itismyintent, to sign this Contract by accessing State of Indiana Supplier Portal using the secure password assigned to me and by electronically submitting this Contract to the State of Indiana. I understand thatmy signing and submitting thisContract inthis fashion isthe legal equivalent of having placed my handwritten signature on the submitted Contract and this affirmation. Iunderstand and agree that by electronically signing andsubmitting this Contract in this fashion Iamaffirming to the truth of the information contained therein. Iunderstand that this Contract will notbecome binding on the State until it has been approved by the Department of Administration, the State Budget Agency, andthe Office of the Attorney General, which approvals will be posted on theActive Contracts Database: https://secure.in.gov/apps/idoa/contractsearch/ In Witness Whereof, the LPA and the State have, through their duly authorized representatives, entered into this Contract. The PARTIES, having read and understood the foregoing terms of this Contract, do by their respective signatures dated below agree to the terms thereof. CITY OF CARMEL Indiana Department of Transportation By:\\s1\\ ___________________________ By:\\s2\\______________________ Title:\\t1\\______________________________ Title:\\t2\\_______________________ Date:\\d1\\_________________________ Date:\\d2\\_____________________ Electronically Approved by: Electronically Approved by: Department ofAdministration State Budget Agency By: (for) Rebecca Holwerda, Commissioner By: (for) Zachary Q. Jackson, Director Form approval has been granted by the Office of theAttorney General pursuant to IC 4-13-2-14.3(e) on March 22, 2022. FA 22-16 Page 16of 16 ATTACHMENT A PROJECT FUNDS I. Project Costs. A. This contract isjust for the one (1) phase checked below: Preliminary Engineering or Right-of-Way or X Construction; B. Ifthe Program isreceiving federal-aid funds for the project, the LPA is allocated the funds through the MPO as written in their fiscally constrained TIP. Any adjustments (positive or negative) to thedollar amount listed in the TIP, or any increase or decrease in thefunding from a prior year, authorized bythe MPO that may not bereflected in thecurrent TIP, are hereby considered adjustments to the contract between the LPA and INDOT, as the MPO must maintain fiscal constraint for all projects listed. Federal funds made available to the LPA by INDOT will beused to pay 80% of the eligible Project costs. The maximum amount of federal-aid funds allocated to the Project is dependent upon the current TIP allocation. As of this date, April 18, 2022, the maximum amount according to theTIP dated February 25, 2022 is $319,500.00. The most current MPO TIP page, or MPO authorization, isuploaded intoINDOT'sScheduling Project Management System (SPMS). OR C. Federal-aid Funds made available to the LPA by INDOT will be used topay % of the eligible Project costs. The maximum amount offederal funds allocated to the project is $ . D. The LPA understands and agrees that itisINDOT'spolicy to only allow non-discretionary changes to aProject scope after bidding. Changes to the Project scope after bidding that are bythe choice of the LPA and are not required to complete the Project will not be eligible for federal-aid funds and must be funded 100% locally. E. The LPA understands and agrees that the federal-aid funds allocated to the Project are intended to accomplish the original scope of the Project as designed. IftheProject bid prices are lower than estimated, the LPA may not utilize those federal-aid funds and the remaining balance of federal-aid funds willrevert back to the Local Program. F. Ifthe Program isGroup Ior Group II, Section E. does not apply. Ifthe Project bid prices are lower than estimated, the LPA may not utilize those federal-aidfunds and the remaining balance of federal-aid funds will revert back to the MPO. G. The remainder of the Project cost shall be borne by the LPA. Forthe avoidance of doubt, INDOT shall not pay for any costs relating to the Project unless the PARTIES have agreed in adocument (which specifically references section I.D. of Attachment Aof this Contract) signed by anauthorized representative of INDOT, theIndiana Department of Administration, State Budget Agency, and the Attorney General of Indiana. H. Every project must have aproject end date based upon the reasonable timeframe for the project phase to be completed. Ifa project enddate lapses, the project isno longer eligible for federal reimbursement in accordance with 2CFR 200. Seehttps://www.in.gov/indot/2833.htm. Page 1of 2 I. Costs will beeligible for FHWA participation provided thatthe costs: 1) Arefor work performed for activities eligible under the section of title 23, U.S.C., applicable to theclass of funds used for theactivities; 2) Are verifiable from INDOT'sor the LPA'srecords; 3) Are necessary andreasonable for proper andefficient accomplishment of project objectives and meet the other criteria for allowable costs in the applicable cost principles cited in 49 CFR 18.22; 4) Are included in the approved budget, or amendment thereto; and 5) Were not incurred prior to FHWA authorization. II. Billings. A. Billing: 1. When INDOT awards and enters into a contract (i.e., construction, utility, and/or railroad) on behalf of the LPA, INDOT will invoice the LPA for its share of the costs. The LPA shall pay theinvoice within thirty (30) calendar days from date ofINDOT's billing. 2. The LPA understands time isof the essence regarding the Project timeline and costs and delays in payment may cause substantial time delays and/or increased costs forthe Project. 3. Ifthe LPA has notpaid the full amount due within sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this Contract, including the contracts listed in II.A.1of Attachment A and/or proceed in accordance with I.C. 8-14-1-9tocompel the Auditor of the State of Indiana to make amandatory transfer of funds from the LPA'sallocation of theMotor Vehicle Highway Account to INDOT'saccount. 4. Federal funds on projects which have not been billed for atwelve (12) month period are considered inactive and must be removed from the project in accordance with 2 CFR 200. To receive federal funding within the twelve (12) month period, INDOT must receive a billing within nine (9) months. See https://www.in.gov/indot/2833.htm . III. Repayment Provisions. Iffor any reason, INDOT isrequired to repay to FHWA the sum orsums offederal funds paid to the LPA or on behalf of the LPA under the terms of this Contract, then the LPA shall repay to INDOT such sum or sums within thirty (30) days after receipt of abilling from INDOT. Ifthe LPA has not paid the full amount duewithin sixty (60) calendar days past the due date, INDOT may proceed in accordance with I.C. 8-14-1-9to compel the Auditor of the State of Indiana to make amandatory transfer offunds for the LPA'sallocation of the Motor Vehicle Highway Account to INDOT'saccount until theamount due hasbeen repaid. Page 2of 2 CzTfshfzHsfdivlijobu2;29qn-Nbz36-3133 All lines are lineal feet 2022 Paint Overlay with Gridlock 1.)3rd Avenue SW 2nd Street SW Pavement Break N of 4th Street SW SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 278 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 38.92 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $38.92 2.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 2763 2671 14 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 386.82 $0.00 $373.94 $0.00 $0.00 $0.00 $0.00 $4.90 $0.00 $0.00 $765.66 3.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 3941 3438 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 551.74 $0.00 $481.32 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,033.06 4.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 331 244 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 46.34 $0.00 $34.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $80.50 5.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1063 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 148.82 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $148.82 6.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 5196 807 1767 287 1181 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 727.44 $112.98 $247.38 $40.18 $0.00 $0.00 $0.00 $413.35 $0.00 $0.00 $1,541.33 7.)US 421 SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 6018 6927 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 842.52 $0.00 $969.78 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,812.30 8.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 2953 281 1302 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 413.42 $39.34 $182.28 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $635.04 3rd Avenue SW Industrial Drive Autumn Drive 3rd Avenue SW American Way S.Carmel Drive 96th Street College Ave US 31 96th Street West City Limits 106th Street Mayflower Drive Walnut Creek Drive 4th Ave SE Main Street 200' south of Main Street 4th avenue SW Main Street 2nd Street SW Exhibit A All lines are lineal feet 2022 Paint Overlay with Gridlock 9.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 11175 2312 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 1,564.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $809.20 $0.00 $0.00 $2,373.70 10.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 8598 7776 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 1,203.72 $0.00 $1,088.64 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,292.36 11.)Pavement Break W. of Guilford Road SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 321 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $44.94 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $44.94 12.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 521 1607 1207 240 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 72.94 $0.00 $224.98 $168.98 $0.00 $0.00 $0.00 $84.00 $0.00 $0.00 $550.90 13.)Woodland Drive W. Entrance SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1194 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 167.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $167.16 14.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 8812 2252 9651 94 148 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 1,233.68 $315.28 $1,351.14 $13.16 $0.00 $0.00 $0.00 $51.80 $0.00 $0.00 $2,965.06 15.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 4994 1249 5389 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 699.16 $174.86 $754.46 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,628.48 16.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 3069 458 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 429.66 $64.12 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $493.78 116th Street Towne Road Ditch Road 116th Street Pavement Break E. of College Ave 106thStreet Westfield Blvd Pennsylvainia Street 116th Street Pavement Break E. of Gray Road Pavement Break W. of Hazel Dell Pkwy 116th Street Pavement Break E. of Hazel Dell Pkwy River Road 116th Street Pavement Break E. of Guilford Road Rangeline Road 116th Street Rangeline Road 116th Street Keystone Pkwy Pavement Break W. of Gray Road All lines are lineal feet 2022 Paint Overlay with Gridlock 17.)Melark Drive SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 462 160 100 153 332 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 64.68 $0.00 $22.40 $14.00 $0.00 $0.00 $306.00 $116.20 $0.00 $0.00 $523.28 18.)Illinois Street SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 511 237 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 71.54 $0.00 $33.18 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $104.72 19.)Autumn Woods Drive SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 5662 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 792.68 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $792.68 20.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 11612 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 1,625.68 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,625.68 21.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 8793 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 1,231.02 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,231.02 22.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 9488 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 1,328.32 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,328.32 23.)Pavement Break N. of Smokey Road SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 4617 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 646.38 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $646.38 24.)Pavement Break N. of Hawthorne Drive SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 3344 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 468.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $468.16 141st Street Pavement Break W. of Magic Stallion Drive Springmill Road 141st Street Little Eagle Creek Drive Shelborne Road 126th Street Keystone Pkwy 136th Street Pavement Break W. Elgin Drive 141st Street Towne Road 141st Street Springmill Road Ditch Road Carey Road Pavement Break S. of Hawthorne Drive Carey Road 146th Street All lines are lineal feet 2022 Paint Overlay with Gridlock 25.)Pavement Break N. of Smokey Road SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 4617 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 646.38 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $646.38 26.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 751 1125 328 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $105.14 $157.50 $0.00 $0.00 $656.00 $0.00 $0.00 $0.00 $918.64 27.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 8187 7696 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 1,146.18 $0.00 $1,077.44 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,223.62 28.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 338 279 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 47.32 $0.00 $39.06 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $86.38 29.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 818 1035 1199 644 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 114.52 $0.00 $144.90 $167.86 $0.00 $0.00 $0.00 $225.40 $0.00 $0.00 $652.68 30.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 5150 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $0.00 $721.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $721.00 31.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 4055 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 567.70 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $567.70 32.)Roundabout SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 105 161 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 14.70 $0.00 $22.54 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $37.24 Carey Road Pavement Break S. of Hawthorne Drive City Center Dr. Pavement break west of Carmel Dr. Pennsylvainia St. Clay Center Road Main Street Pavement Break N. of Helford Ln Gray Road 146th Street 169' S. of 146th Street Gray Road 106th Street Pavement Break N. of 96th Street Hazel Dell Pkwy Main Street Hazel Dell Pkwy 116th Street 96th Street Hazel Dell Pkwy 106th Street 96th Street All lines are lineal feet 2022 Paint Overlay with Gridlock 33.)126th Street SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 4167 1332 1005 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 583.38 $0.00 $186.48 $140.70 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $910.56 34.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 5172 752 703 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 724.08 $0.00 $105.28 $0.00 $0.00 $0.00 $1,406.00 $0.00 $0.00 $0.00 $2,235.36 35.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1172 1590 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $164.08 $222.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $386.68 36.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 13703 15830 758 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 1,918.42 $0.00 $2,216.20 $106.12 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,240.74 37.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 7895 2453 1212 2102 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 1,105.30 $0.00 $343.42 $169.68 $0.00 $0.00 $4,204.00 $0.00 $0.00 $0.00 $5,822.40 38.)Shelborne Road SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 3056 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $427.84 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $427.84 39.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 14753 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 2,065.42 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,065.42 40.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1755 1572 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 245.70 $0.00 $220.08 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $465.78 Hazel Dell Pkwy Main Street Illinois Street 111th Street Main Street Springmill Road Old Meridian Street Main Street Springmill Road Main Street Gray Road River Road 106th Street Illinois Street 106th Street Springmill Road Keystone Pkwy ( concrete pavement)136th Street 99th Street Main Street Old Meridian Street Pavement Break W. of Guilford Road All lines are lineal feet 2022 Paint Overlay with Gridlock 41.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 248 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 34.72 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $34.72 42.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 2232 178 48 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 312.48 $0.00 $24.92 $0.00 $0.00 $0.00 $0.00 $16.80 $0.00 $0.00 $354.20 43.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 4037 382 487 298 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 565.18 $53.48 $68.18 $41.72 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $728.56 44.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 723 172 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 101.22 $0.00 $24.08 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $125.30 45.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1454 2229 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $203.56 $312.06 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $515.62 46.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 3359 309 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 470.26 $0.00 $0.00 $0.00 $0.00 $0.00 $618.00 $0.00 $0.00 $0.00 $1,088.26 47.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 78 116 122 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $10.92 $16.24 $0.00 $0.00 $0.00 $42.70 $0.00 $0.00 $69.86 48.) Pavement Break N. of 106th Street SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 864 2492 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $120.96 $348.88 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $469.84 Main Street knoll Court Rangeline Road Main Street 4th Avenue Bexhill Drive Main Street Pavement Break east of Guilford Thornhurst Drive Pennsylvainia Pkwy 103rd Street 106thStreet Pennsylvainia Pkwy Roundabout 103rd Street Main Street Bexhill Drive Keystone Blvd Pennsylvainia Pkwy 120 S of 116th Street Pavement Break N of 106th Street Pennsylvainia Pkwy Colleage Ave. All lines are lineal feet 2022 Paint Overlay with Gridlock 49.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 423 283 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $59.22 $39.62 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $98.84 50.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1910 357 853 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 267.40 $0.00 $49.98 $119.42 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $436.80 51.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 864 2492 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $120.96 $348.88 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $469.84 52.)Pavement Break S. of Elm Street SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1648 365 472 200 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 230.72 $51.10 $0.00 $66.08 $0.00 $0.00 $400.00 $0.00 $0.00 $0.00 $747.90 53.)South 287' from 146th Street SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 496 448 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 69.44 $0.00 $62.72 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $132.16 54.)122nd Street SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 7094 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 993.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $993.16 55.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 288 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 40.32 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $40.32 56.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 178 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $24.92 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $24.92 Pennsylvainia Pkwy Pavement Break N. of 106th Street Colleage Ave. Pennsylvainia Pkwy Old Meridian Street Pavement Break N of City Center Road Pennsylvainia Pkwy Pavement Break S. of City Center Road Pavement Break N. of 116th Street River Road 116th Street Rangeline Road City Center Road River Road 146th Street Springmill Road Spring Highland Dr.Pavement Break N.of Spring Highland Dr. Springmill Road Dorset Road Main Street All lines are lineal feet 2022 Paint Overlay with Gridlock 57.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 287 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 40.18 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $40.18 58.) Towne Road Pavement Break S of 106th Street Pavement Break N of Towne Road SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1221 1912 103 944 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 170.94 $0.00 $267.68 $14.42 $0.00 $0.00 $0.00 $330.40 $0.00 $0.00 $783.44 59.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 417 314 137 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 58.38 $0.00 $43.96 $0.00 $0.00 $0.00 $274.00 $0.00 $0.00 $0.00 $376.34 60.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 5163 308 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 722.82 $43.12 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $765.94 61.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 4801 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 672.14 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $672.14 62.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1302 1273 149 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 182.28 $0.00 $178.22 $0.00 $0.00 $0.00 $298.00 $0.00 $0.00 $0.00 $658.50 63.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1629 1758 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 228.06 $0.00 $246.12 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $474.18 Springmill Road 146th Street 143' south of 146th Street Paint 4" yellow over top of 6" yellow solid / broken Line Cherry Tree Road Brauer Ln Streamside Dr. Roundabout Pennsylvainia Pkwy 111th Street Oak Ridge Road 146th Street Illinois Street Cherry Tree Road Hazel Dell Pkwy Coopers Hawk Dr. Cherry Tree Road Main Street Coopers Hawk Dr. All lines are lineal feet 2022 Paint Overlay with Gridlock 64.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 65.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 5008 1239 7818 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 701.12 $173.46 $1,094.52 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,969.10 66.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 67.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 223 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $31.22 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $31.22 68.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 5448 461 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 762.72 $0.00 $0.00 $0.00 $0.00 $0.00 $922.00 $0.00 $0.00 $0.00 $1,684.72 69.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1595 446 38 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 223.30 $0.00 $62.44 $5.32 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $291.06 70.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 3633 669 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 508.62 $0.00 $93.66 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $602.28 71.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 11903 683 424 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 1,666.42 $0.00 $95.62 $59.36 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,821.40 Roundabout Community Dr.Cherry Creek Blvd Intersection U.S. 31 / Meridian Street 96th Street Rohere Rd Marana Dr.146th Street Roundabout 106th Street Keystone Blvd Roundabout Illinois Street 106th Street AAA Way Carmel Drive 116th Street Illinois Street 136th Street Carmel Drive Retail Way All lines are lineal feet 2022 Paint Overlay with Gridlock 72.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 823 5163 308 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 0.00 $0.00 $115.22 $0.00 $1,807.05 $308.00 $0.00 $0.00 $0.00 $0.00 $2,230.27 73.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 13646 1480 3184 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 1,910.44 $0.00 $207.20 $445.76 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,563.40 74.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 3551 277 789 633 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 497.14 $38.78 $110.46 $88.62 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $735.00 75.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 1640 98 98 0.14 $0.14 $0.14 $0.14 $0.14 $0.14 $2.00 $0.35 $2.00 $1.00 229.60 $0.00 $13.72 $0.00 $13.72 $0.00 $0.00 $0.00 $0.00 $0.00 $257.04 76.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 3305 108 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 462.70 $0.00 $15.12 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $477.82 77.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 153 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 21.42 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $21.42 78.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 126 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 17.64 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $17.64 79.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 125 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 17.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $17.50 80.) SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 114 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 15.96 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $15.96 81.)+A SOLID YELLOW LINE 4" BROKEN YELLOW LINE 4" SOLID WHITE LINE 4" BROKEN WHITE LINE 4" SOLID YELLOW LINE 6" BROKEN YELLOW LINE 6" SOLID WHITE LINE 6" SOLID YELLOW LINE 8" BROKEN YELLOW LINE 8" SOLID WHITE LINE 8" 3633 669 0.14 $0.14 $0.14 $0.14 $0.35 $1.00 $2.00 $0.35 $2.00 $1.00 508.62 $0.00 $93.66 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $602.28 69,139.80 Oak Ridge Road 146th Street 136th Street Towne Road Pavement Break S. of 146th Street Main Street Station Drive AAA Way Keystone Way East Keystone Way East Station Drive AAA Way Rangeline Road Carmel Drive 116th Street Bennett Road 107 feet east of ak Ridge Road Oak Ridge Road AAA Way Carmel Drive 116th Street Bennett Road 107 feet west of ak Ridge Road Oak Ridge Road Adios Pass 110 feet east of Oak Ridge Road Oak Ridge Road Adios Pass 110 feet west of Oak Ridge Road Oak Ridge Road All lines are lineal feet 2022 Paint Overlay with Gridlock 81.)Roundabout LEFT TURN ARROW RIGHT TURN ARROW STRAIGHT ARROW COMBINA TION ARROW FISH HOOK ARROW FISH HOOK ARROW WITH DOT WORD ONLY WORD EXIT" STOP BAR CROSS WALK WHITE 6" 24" PIANO KEYS WHITE 4"WHITE PARKING T" 12"WHITE PARKING T" 3 3 3 60.00 $60.00 $60.00 $65.00 $150.00 $150.00 $100.00 $200.00 $5.00 $2.00 $4.00 $7.00 12.00$ 0.00 $0.00 $180.00 $195.00 $450.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $825.00 SHARK TEETH 12"X18" measured lane width SHARK TEETH 18"X24" measured lane width SHARK TEETH 24"X36" measured lane width 4" YELLOW CROSS HATCH 8" YELLOW CROSS HATCH 12" YELLOW CROSS HATCH 24" YELLOW CROSS HATCH 24" WHITE CROSS HATCH DOTTED WHITE LINE 4" DOTTED WHITE LINE 6" DOTTED WHITE LINE 8" DOTTED WHITE LINE 12" 125 18 2.10 $3.15 $3.20 $2.00 $2.00 $3.00 $5.00 $5.00 $1.00 $1.00 $1.50 $1.50 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $125.00 $18.00 $0.00 $0.00 $143.00 82.)126th Street LEFT TURN ARROW RIGHT TURN ARROW STRAIGHT ARROW COMBINA TION ARROW FISH HOOK ARROW FISH HOOK ARROW WITH DOT WORD ONLY" WORD EXIT" STOP BAR CROSS WALK WHITE 6" 24" PIANO KEYS WHITE 4"WHITE PARKING T" 12"WHITE PARKING T" 3 2 4 4 5 160 60.00 $60.00 $60.00 $65.00 $150.00 $150.00 $100.00 $200.00 $5.00 $2.00 $4.00 $7.00 12.00$ 180.00 $120.00 $0.00 $0.00 $600.00 $600.00 $500.00 $0.00 $0.00 $0.00 $640.00 $0.00 $0.00 $2,640.00 SHARK TEETH 12"X18" measured lane width SHARK TEETH 18"X24" measured lane width SHARK TEETH 24"X36" measured lane width 4" YELLOW CROSS HATCH 8" YELLOW CROSS HATCH 12" YELLOW CROSS HATCH 24" YELLOW CROSS HATCH 24" WHITE CROSS HATCH DOTTED WHITE LINE 4" DOTTED WHITE LINE 6" DOTTED WHITE LINE 8" DOTTED WHITE LINE 12" 60 64 2.10 $3.15 $3.20 $2.00 $2.00 $3.00 $5.00 $5.00 $1.00 $1.00 $1.50 $1.50 0.00 $189.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $96.00 $0.00 $285.00 83.) LEFT TURN ARROW RIGHT TURN ARROW STRAIGHT ARROW COMBINA TION ARROW FISH HOOK ARROW FISH HOOK ARROW WITH DOT WORD ONLY" WORD EXIT" STOP BAR CROSS WALK WHITE 6" 24" PIANO KEYS WHITE 4"WHITE PARKING T" 12"WHITE PARKING T" 5 3 10 12 1 792 60.00 $60.00 $60.00 $65.00 $150.00 $150.00 $100.00 $200.00 $5.00 $2.00 $4.00 $7.00 12.00$ 300.00 $180.00 $0.00 $0.00 $1,500.00 $1,800.00 $100.00 $0.00 $0.00 $0.00 $3,168.00 $0.00 $0.00 $7,048.00 SHARK TEETH 12"X18" measured lane width SHARK TEETH 18"X24" measured lane width SHARK TEETH 24"X36" measured lane width 4" YELLOW CROSS HATCH 8" YELLOW CROSS HATCH 12" YELLOW CROSS HATCH 24" YELLOW CROSS HATCH 24" WHITE CROSS HATCH DOTTED WHITE LINE 4" DOTTED WHITE LINE 6" DOTTED WHITE LINE 8" DOTTED WHITE LINE 12" 104 137 39 64 251 2.10 $3.15 $3.20 $2.00 $2.00 $3.00 $5.00 $5.00 $1.00 $1.00 $1.50 $1.50 218.40 $431.55 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $39.00 $64.00 $0.00 $376.50 $1,129.45 84.)Shelborne Road LEFT TURN ARROW RIGHT TURN ARROW STRAIGHT ARROW COMBINA TION ARROW FISH HOOK ARROW FISH HOOK ARROW WITH DOT WORD ONLY WORD EXIT" STOP BAR CROSS WALK WHITE 6" 24" PIANO KEYS WHITE 4"WHITE PARKING T" 12"WHITE PARKING T" 23 10 24 1005 60.00 $60.00 $60.00 $65.00 $150.00 $150.00 $100.00 $200.00 $5.00 $2.00 $4.00 $7.00 12.00$ 1,380.00 $600.00 $0.00 $0.00 $0.00 $0.00 $2,400.00 $0.00 $0.00 $0.00 $4,020.00 $0.00 $0.00 $8,400.00 SHARK TEETH 12"X18" measured lane width SHARK TEETH 18"X24" measured lane width SHARK TEETH 24"X36" measured lane width 4" YELLOW CROSS HATCH 8" YELLOW CROSS HATCH 12" YELLOW CROSS HATCH 24" YELLOW CROSS HATCH 24" WHITE CROSS HATCH DOTTED WHITE LINE 4" DOTTED WHITE LINE 6" DOTTED WHITE LINE 8" DOTTED WHITE LINE 12" 25 172 2.10 $3.15 $3.20 $2.00 $2.00 $3.00 $5.00 $5.00 $1.00 $1.00 $1.50 $1.50 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 $258.00 $0.00 $283.00 85.) LEFT TURN ARROW RIGHT TURN ARROW STRAIGHT ARROW COMBINA TION ARROW FISH HOOK ARROW FISH HOOK ARROW WITH DOT WORD ONLY WORD EXIT" STOP BAR CROSS WALK WHITE 6" 24" PIANO KEYS WHITE 4"WHITE PARKING T" 12"WHITE PARKING T" 1 1 1 139 60.00 $60.00 $60.00 $65.00 $150.00 $150.00 $100.00 $200.00 $5.00 $2.00 $4.00 $7.00 12.00$ 0.00 $0.00 $0.00 $0.00 $150.00 $150.00 $100.00 $0.00 $0.00 $0.00 $556.00 $0.00 $0.00 $956.00 SHARK TEETH 12"X18" measured lane width SHARK TEETH 18"X24" measured lane width SHARK TEETH 24"X36" measured lane width 4" YELLOW CROSS HATCH 8" YELLOW CROSS HATCH 12" YELLOW CROSS HATCH 24" YELLOW CROSS HATCH 24" WHITE CROSS HATCH DOTTED WHITE LINE 4" DOTTED WHITE LINE 6" DOTTED WHITE LINE 8" DOTTED WHITE LINE 12" 11 18 31 17 2.10 $3.15 $3.20 $2.00 $2.00 $3.00 $5.00 $5.00 $1.00 $1.00 $1.50 $1.50 23.10 $56.70 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $31.00 $25.50 $0.00 $136.30 Springmill Road Dorset Road Main Street Hazel Dell Pkwy Main Street Main Street Springmill Road Hazel Dell Pkwy Main Street Main Street Springmill Road Old Meridian Street All lines are lineal feet 2022 Paint Overlay with Gridlock 86.) LEFT TURN ARROW RIGHT TURN ARROW STRAIGHT ARROW COMBINA TION ARROW FISH HOOK ARROW FISH HOOK ARROW WITH DOT WORD ONLY WORD EXIT" STOP BAR CROSS WALK WHITE 6" 24" PIANO KEYS WHITE 4"WHITE PARKING T" 12"WHITE PARKING T" 60.00 $60.00 $60.00 $65.00 $150.00 $150.00 $100.00 $200.00 $5.00 $2.00 $4.00 $7.00 12.00$ 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SHARK TEETH 12"X18" measured lane width SHARK TEETH 18"X24" measured lane width SHARK TEETH 24"X36" measured lane width 4" YELLOW CROSS HATCH 8" YELLOW CROSS HATCH 12" YELLOW CROSS HATCH 24" YELLOW CROSS HATCH 24" WHITE CROSS HATCH DOTTED WHITE LINE 4" DOTTED WHITE LINE 6" DOTTED WHITE LINE 8" DOTTED WHITE LINE 12" DOTTED YELLOW LINE 4" 450 241 2.10 $3.15 $3.20 $2.00 $2.00 $3.00 $5.00 $5.00 $1.00 $1.00 $1.50 $1.50 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $450.00 $0.00 $0.00 $0.00 $450.00 87.) LEFT TURN ARROW RIGHT TURN ARROW STRAIGHT ARROW COMBINA TION ARROW FISH HOOK ARROW FISH HOOK ARROW WITH DOT WORD ONLY WORD EXIT" STOP BAR CROSS WALK WHITE 6" 24" PIANO KEYS WHITE 4"WHITE PARKING T" 12"WHITE PARKING T" 1 4 4 7 7 512 60.00 $60.00 $60.00 $65.00 $150.00 $150.00 $100.00 $200.00 $5.00 $2.00 $4.00 $7.00 12.00$ 60.00 $0.00 $240.00 $260.00 $1,050.00 $1,050.00 $0.00 $0.00 $0.00 $0.00 $2,048.00 $0.00 $0.00 $4,708.00 SHARK TEETH 12"X18" measured lane width SHARK TEETH 18"X24" measured lane width SHARK TEETH 24"X36" measured lane width 4" YELLOW CROSS HATCH 8" YELLOW CROSS HATCH 12" YELLOW CROSS HATCH 24" YELLOW CROSS HATCH 24" WHITE CROSS HATCH DOTTED WHITE LINE 4" DOTTED WHITE LINE 6" DOTTED WHITE LINE 8" DOTTED WHITE LINE 12" 126 116 251 2.10 $3.15 $3.20 $2.00 $2.00 $3.00 $5.00 $5.00 $1.00 $1.00 $1.50 $1.50 264.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $116.00 $0.00 $376.50 $757.10 88.) LEFT TURN ARROW RIGHT TURN ARROW STRAIGHT ARROW COMBINA TION ARROW FISH HOOK ARROW FISH HOOK ARROW WITH DOT WORD ONLY WORD EXIT" STOP BAR CROSS WALK WHITE 6" 24" PIANO KEYS WHITE 4"WHITE PARKING T" 12"WHITE PARKING T" 507 60.00 $60.00 $60.00 $65.00 $150.00 $150.00 $100.00 $200.00 $5.00 $2.00 $4.00 $7.00 12.00$ 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,028.00 $0.00 $0.00 $2,028.00 SHARK TEETH 12"X18" measured lane width SHARK TEETH 18"X24" measured lane width SHARK TEETH 24"X36" measured lane width 4" YELLOW CROSS HATCH 8" YELLOW CROSS HATCH 12" YELLOW CROSS HATCH 24" YELLOW CROSS HATCH 24" WHITE CROSS HATCH DOTTED WHITE LINE 4" DOTTED WHITE LINE 6" DOTTED WHITE LINE 8" DOTTED WHITE LINE 12" 112 74 2.10 $3.15 $3.20 $2.00 $2.00 $3.00 $5.00 $5.00 $1.00 $1.00 $1.50 $1.50 235.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $111.00 $346.20 89.) LEFT TURN ARROW RIGHT TURN ARROW STRAIGHT ARROW COMBINA TION ARROW FISH HOOK ARROW FISH HOOK ARROW WITH DOT WORD ONLY WORD EXIT" STOP BAR CROSS WALK WHITE 6" 24" PIANO KEYS WHITE 4"WHITE PARKING T" 12"WHITE PARKING T" 2 2 4 4 368 60.00 $60.00 $60.00 $65.00 $150.00 $150.00 $100.00 $200.00 $5.00 $2.00 $4.00 $7.00 12.00$ 120.00 $0.00 $0.00 $0.00 $300.00 $600.00 $400.00 $0.00 $0.00 $0.00 $1,472.00 $0.00 $0.00 $2,892.00 SHARK TEETH 12"X18" measured lane width SHARK TEETH 18"X24" measured lane width SHARK TEETH 24"X36" measured lane width 4" YELLOW CROSS HATCH 8" YELLOW CROSS HATCH 12" YELLOW CROSS HATCH 24" YELLOW CROSS HATCH 24" WHITE CROSS HATCH DOTTED WHITE LINE 4" DOTTED WHITE LINE 6" DOTTED WHITE LINE 8" DOTTED WHITE LINE 12" 25 45 73 20 2.10 $3.15 $3.20 $2.00 $2.00 $3.00 $5.00 $5.00 $1.00 $1.00 $1.50 $1.50 52.50 $141.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $109.50 $30.00 $333.75 Total 33,360.80$ Illinois Street 136th Street Carmel Drive Roundabout 106th Street 96th Street 106th Street Keystone Blvd Roundabout Illinois Street Intersection U.S. 31 / Meridian Street CzTfshfzHsfdivlijobu:;27bn-Nbz35-3133 StreetScan, Inc. Street Department - 2022 Appropriation #2201 2201 43-509.00 Motor Vehicle Highway Fund; P.O. #106532 Contract Not To Exceed $68,542.00 per annum 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. C:\\Users\\clivingston\\Downloads\\StreetScan, Inc. Goods and Services.docx:5/12/2022 11:06 AM\] 2 StreetScan, Inc. Street Department - 2022 Appropriation #2201 2201 43-509.00 Motor Vehicle Highway Fund; P.O. #106532 Contract Not To Exceed $68,542.00 per annum 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 C:\\Users\\clivingston\\Downloads\\StreetScan, Inc. Goods and Services.docx:5/12/2022 11:06 AM\] 3 StreetScan, Inc. Street Department - 2022 Appropriation #2201 2201 43-509.00 Motor Vehicle Highway Fund; P.O. #106532 Contract Not To Exceed $68,542.00 per annum 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if 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 Street Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: StreetScan, Inc. 605 Salem Street Wakefield, Massachusetts 01880 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. C:\\Users\\clivingston\\Downloads\\StreetScan, Inc. Goods and Services.docx:5/12/2022 11:06 AM\] 4 StreetScan, Inc. Street Department - 2022 Appropriation #2201 2201 43-509.00 Motor Vehicle Highway Fund; P.O. #106532 Contract Not To Exceed $68,542.00 per annum 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2022 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. C:\\Users\\clivingston\\Downloads\\StreetScan, Inc. Goods and Services.docx:5/12/2022 11:06 AM\] 5 Kpo.Fsjl!Ejmmpo DFP 58.3:89238 Nbz!35ui!3133 Automated Asset Management Proposal City of Carmel, IN April 21st , 2022 Exhibit A Automated Asset Management Proposal Carmel, IN 2 Proposal for the City of Carmel, IN Prepared for: Eric Shanayda & James Rundle City of Carmel Prepared by: StreetScan Inc. 603 Salem Street Wakefield, MA 01880 617.399.8236 Automated Asset Management Proposal Carmel, IN 3 TABLE OF CONTENTS 1. ABOUT US 5 2. OUR TEAM 6 3. THE STREETSCAN SYSTEM 7 4. STREETLOGIX SOFTWARE 8 4.1 ASSET MANAGEMENT SOFTWARE .............................................................................................8 4.2 WORK ORDER MANAGEMENT SYSTEM ......................................................................................9 4.3 CITIZEN ENGAGEMENT APP ..................................................................................................... 10 5. PRICING OVERVIEW 11 5.1 DATA COLLECTION (STREETSCAN) ............................................................................................ 11 5.2 SOFTWARE (STREETLOGIX) ...................................................................................................... 11 5.3 OPTIONAL SERVICES AND ASSETS ............................................................................................ 12 APPENDIX A – SCOPE OF WORK AND DELIVERABLES 14 APPENDIX B – OPTIONAL SERVICES AND ASSET COLLECTION 18 APPENDIX C – OUR CLIENTS 21 Automated Asset Management Proposal Carmel, IN 4 April 21st , 2022 Thank you for your interest in StreetScan. Municipalities worldwide are faced with aging infrastructure and limited budget resources to repair and maintain them. Having the ability to monitor the health of your street network through an abundance of data collected via multiple vehicle-mounted sensors allows your staff to properly allocate repair and maintenance budgets. This is now made possible in an affordable, objective way utilizing StreetScan’s advanced mobile sensing vehicle and online web-based app. Our service offering includes: Data Collection: vehicle survey of paved CL miles. Data Processing of pavement condition and assets. Data Visualization: pavement monitoring system including StreetScan’s Pavement Rating (PCI) Report. Pavement Management Planning: maintenance and budget options, suggestions and scenarios; via our optional cloud-based software Streetlogix. Also available (see Appendices for more details): 360° imagery Viewer Optional asset extractions including pavement markings, traffic signs, sidewalks, curbs, trees, etc. On behalf of the team at StreetScan, we are pleased to submit this proposal for your review. We strive to be as accurate as possible in our initial projections and cost estimates, and look forward to meeting with you soon to discuss any questions you may have. Yours truly, William Eddy Sr. Account Manager Automated Asset Management Proposal Carmel, IN 5 1. ABOUT US At StreetScan, we come to work each day because we want to solve our clients’ biggest problems when it comes to monitoring their street assets. We have a Smart City Mobile Sensing Service Offering targeted at providing clients with an intelligent, objective and affordable way to manage those assets. Throughout the history of business, people have used data to make more informed decisions. StreetScan enables exactly this for our municipal clients. Municipalities no longer have to send inspectors into the field for pavement surveys. Now, they can leverage the power of data to improve their decision-making abilities. This all came about as a result of a 2009 groundbreaking project at Northeastern University that received more than 18 million in funding over a 5-year period. This stamp of approval was due to the power of the project to end localized pavement inspections and enable continuous network-wide health monitoring of roadways. What kind of technology made this possible? Versatile Onboard Traffic Embedded Roaming Sens ors (VOTERS). A framework, prototype and blueprint were successfully designed and developed, and in 2015, StreetScan was launched as a spin-off of the project. It is our comprehensive, advanced hardware and software turn-key solution that distinguishes us from the competition. More importantly, it provides street asset monitoring at a reasonable cost for our clients. 2017 saw the emergence of our current Smart City Service Offering and we have combined this service with our pavement management offering. Clients save time, money and no longer require additional field surveys. Our ScanCars can enable municipalities and other clients to extract and monitor critical assets such as pavement condition, traffic signage, pavement markings, streetlights and other transportation infrastructure assets. We embrace progress. In 2018, StreetScan launched Streetlogix. This extensively customizable, web-based GIS asset management software has changed the landscape for municipalities. Municipalities can now optimize their budget within a user-friendly GIS environment. The system provides objective information on the current state of their infrastructure and makes maintenance and repair recommendations, including the prioritization of roadway projects. Using unprecedented data visualization and budget optimization tools, our clients have been creating defensible data- driven Capital Improvement Plans while successfully justifying their budgeting requests. The most important thing you need to know about StreetScan is our data-driven approach. It will change the way you monitor your street assets – for the better and for the future. Powered by AI Automated Asset Management Proposal Carmel, IN 6 2. OUR TEAM William Eddy – Sr. Account Manager – William is an experienced Sales Professional and Smart City Solutions provider. He has been working with Municipalities in the Eastern US for over 10 years assisting cities in the deployment of cutting-edge, data-driven solutions to improve operations and create efficiencies. Bill has worked with industry leaders such as Bigbelly and Enevo. He is a graduate of the University of Massachusetts and resides in New England. David M. Vines – Sr. Project Manager – David will provide project management leadership for the road condition assessment of the municipal road network. As the primary point of client contact, David will coordinate the project from the kickoff meeting to project delivery. He will provide geotechnical support for route creation, results publishing and end-user training on software functionality. David joined StreetScan as a Research and Development Engineer and was instrumental in the initial setup of the firm. He received his Ph.D. in Civil Engineering and a MS in Structural Engineering from Northeastern University in Boston, MA, as well as a B.S. in Civil Engineering from Valparaiso University in Valparaiso, IN. Ivano Teti – Customer Success Manager, Streetlogix – Ivano works closely with our customers from their onboarding of Streetlogix through the long term. He is well versed in understanding customers’ needs and goals to help tailor solutions that optimize their workflows. Ivano provides ongoing support to Streetlogix users and ensures they reach their goals for integrating asset management technologies to enhance their operations. Before joining Streetlogix, Ivano managed accounts and inside sales at Electromega Ltd., where he provided adaptable and cost-efficient traffic solutions to Ontario municipalities. Ivano has completed management courses at Concordia University’s John Molson School of Business in Montreal, QC. Automated Asset Management Proposal Carmel, IN 7 3. THE STREETSCAN SYSTEM StreetScan’s automated data collection and algorithm-based roads prioritization software can help optimize your road budget and provide user-friendly analytics about the status of your roads and sidewalks. Data Collection StreetScan’s vehicles equipped with multi-sensor systems detect pavement & sidewalk surface distresses without interrupting traffic flow. Data Processing Optimized algorithms evaluate and prioritize repairs of assets, including pavement, sidewalks, traffic signs, and more. GIS Analytics Collected data goes into Streetlogix, our unique cloud- based application, allowing municipalities to visualize and manage road assets in order to schedule maintenance within a user-friendly GIS environment. Automated Asset Management Proposal Carmel, IN 8 4. STREETLOGIX SOFTWARE 4.1 ASSET MANAGEMENT SOFTWARE Streetlogix’s Asset Management Module is a cloud-based mapping, analysis, and decision-making tool for the public sector. Use it to create maps, analyze data and plan road repairs, sidewalk projects, traffic signs and right-of-way budgeting decisions. Your data and maps are stored in a secure and private infrastructure and can be configured to meet your mapping and IT requirements. Asset Management Key Features: Automated Asset Management Proposal Carmel, IN 9 4.2 WORK ORDER MANAGEMENT SYSTEM Streetlogix’s Work Order Management System brings greater organization, efficiency, and accountability to your task management planning, allowing you to effectively schedule, track and manage all work orders, as well as monitor work order performance metrics in a centralized dashboard. Plus, you can track and complete work orders in the field using our app on your mobile device. Work Order Key Features: Automated Asset Management Proposal Carmel, IN 10 4.3 CITIZEN ENGAGEMENT APP Streetlogix’s Citizen Engagement App empowers your residents to submit service requests while enabling you to easily monitor the submissions. Our 311 application ensures your residents that each request is heard, acknowledged and tracked. It is simple to use, easy to set up, and allows automatic updates for residents on efforts to keep their community functioning. Streetlogix Citizen Engagement app helps you build a collaborative, transparent and stronger community. Resident Online Form: Layout Editor: Seamless integration with Work Order App Automated Asset Management Proposal Carmel, IN 11 5. PRICING OVERVIEW 5.1 DATA COLLECTION (STREETSCAN) PAVEMENT MANAGEMENT SERVICES INCLUDED CENTERLINE MILES $/CL TOTAL ScanCar Data Collection 545 mi 150 $81,750 Data Processing Pavement Project Management $10 $5,450 Mobilization and Setup Cost $6,604 TOTAL $93,804 5.2 SOFTWARE (STREETLOGIX) STREETLOGIX SOFTWARE MODULE PRICING MODULES POPULATION ANNUAL LICENSE ANNUAL DATA IMPLEMENTATION FEE TOTALS ASSET MANAGEMENT 100,000 + $15,000 $1,500 $14,000 $30,500 Management Sections Adder $2,000 $2,000 TOTAL $32,500 Automated Asset Management Proposal Carmel, IN 12 5.3 OPTIONAL SERVICES AND ASSETS One of our unique advantages is the ability for our clients to extract, assess and obtain actionable data from other Municipal assets utilizing the same data collected for the Pavement Management Survey. Below is a list of additional assets we can process from the collected data. This is set up as an a-la-carte menu so you can pick and choose the assets to meet your asset management needs. Product Assets Unit QTY est.) Price Unit) PRICE Assets Extracted from Imagery & Additional Field Measurements 360 Imagery AI Package* 360 – Streetview Imagery CL-M 545 $30 $16,350Manholes Catch Basins 360 Imagery AI Package: Streetlogix leverages an API with Mapillary to process imagery and extract assets from the right-of-way : We do not guarantee accuracy of the results All assets will be uploaded as individual GIS layers within Streetlogix TOTALSTREETS ANNUAL PAYMENTS YEAR 1 2 3 4 StreetScan Pavement Mgmt. Services 79,734 $79,734 StreetScan 360 + AI Package $16,350 $16,350 Streetlogix Asset Management Software 32,500 $16,500 $16,500 $16,500 Cost $128,584 $16,500 $112,584 $16,500 Annual TotalStreets Payments 68,542 $68,542 $68,542 $68,542 StreetScan offers ‘TotalStreets,’ a multi-year contract option. These contracts combine annual software licensing, annual data hosting and support, with roads data collection and processing costs into a convenient multi-year contract, with the advantage of lowering the overall annual cost of StreetScan services. Automated Asset Management Proposal Carmel, IN 13 Annex Automated Asset Management Proposal Carmel, IN 14 APPENDIX A – SCOPE OF WORK AND DELIVERABLES ROAD AND SIDEWALK ASSESSMENT SERVICE StreetScan offers a technology-based Pavement Management approach for continuous health monitoring of your road network. Combining years of R&D at Northeastern University, StreetScan’s vehicles and web-based app Streetlogix save you time and make your repair dollars go further. We have developed a 4-step process to effectively Scan, Process and Manage your road data. STEP 1: DATA COLLECTION Roads Sidewalks Vehicle Deployed: ScanCar Vehicle Deployed: ScanCarts StreetScan utilizes 3D imaging technology to measure road defects, such as cracking and bumps. The 3D imaging cameras provide a 8’ (2.4m) of lateral road coverage and seamless road coverage in the direction of travel at speeds up to 65 mph. A 360 degree camera system provides imagery of the road surface and ROW. An Inertial Measurement Unit (IMU) enabled GNSS position system provides position location, even in the event of intermittent GPS satellite coverage. StreetScan has developed a technology stroller-based approach which captures all the necessary distresses. StreetScan utilizes 2D imaging technology to collect sidewalk defects, such as cracks, surface distortions, general uplifts and tree uplifts. A laptop computer and high grade GPS device is used for controlling data collection. Data collected is processed to assign an overall condition rating for each sidewalk. Automated Asset Management Proposal Carmel, IN 15 STEP 2: DATA EXTRACTION Roads Sidewalks The collected data (TBs/day) is uploaded to the StreetScan server, where automated software processes the raw sensor data. Using advanced processing algorithms, the sensors’ raw data is converted into meaningful parameters representing different aspects of pavement condition. Several of our key indicators are fused to determine the StreetScan Pavement Condition Index (PCI) for each road segment. StreetScan’s GIS specialists segment the pavement evaluation data based of our clients historical street segmentation or from intersection to intersection in the absence of that data. Data collected is processed to identify the following for each sidewalk: material; length; and quantity, location, and severity of distresses such as cracks, surface distortions, general uplifts and tree uplifts. The length and distress info for each sidewalk is input to StreetScan’s proprietary algorithm to calculate the sidewalk’s condition rating. StreetScan‘s basic approach uses a weighted failures scheme per linear distance for a given sidewalk segment. Individual failure or feature types are given various weightings depending on their contribution to perceived sidewalk condition. As an example, an uplift is considered to have more impact to the sidewalk quality than grass, so it is given a greater weighting in the rating formula. Roads Algorithm Sidewalk Algorithm Automated Asset Management Proposal Carmel, IN 16 STEP 3: DATA VISUALIZATION AND ANALYTICS Roads Sidewalks Municipal staff will be given access to Streetlogix, our GIS web-based application, in order to view and analyze all collected survey data in addition to data from other sources to assist in decision making. This provides staff an easy-to-use tool to quickly review PCI results, distress data and 360 images along with pavement history and other data that the municipality wants to be integrated. All data is hosted in the cloud, allowing users to login from anywhere on any computer to view the results. Streetlogix has many data import and export features making it compatible with any existing GIS solution concerning asset management. Streetlogix provides powerful data visualization and management tools including 360 viewer and extensive charts and dashboards (example below). Municipalities are given access to our GIS web-based application, Streetlogix, in order to view and analyze all collected survey data in addition to data from other sources to assist in decision making. This provides clients an easy-to-use tool to quickly review sidewalk condition results, distresses and sidewalk images. All data is hosted in the cloud allowing users to login from anywhere on any computer to view the results. Streetlogix has many data import and export features making it compatible with any existing GIS solution. Streetlogix provides powerful data visualization and management tools including 360 viewer and extensive charts and dashboards (example below). Portal view: Overall stats and available layers Automated Asset Management Proposal Carmel, IN 17 STEP 4: MAINTENANCE PLANNING Roads Sidewalks Once the inventory condition database and GIS web-app have been finalized, the work on implementing the pavement management side of the software begins. While pavement condition indicators are concerned with the current condition of the network, the management side of the process concerns itself with the analysis of condition, prediction of future condition, generation of maintenance options and pavement management scenarios. At this stage, the Client’s preferred repair methods and associated costs are used to customize our Streetlogix asset management module. The results are compiled and reported to the client in our Streetlogix software and as a digital storymap. Our decision-trees are highly customizable and we work with staff to tailor it to ensure our AI will provide the neccesarry maintenance and repair suggestions. All decision trees & underlying data will be editable by staff. Once the inventory condition database and GIS web-app have been finalized, the work on implementing the sidewalk management side of the software begins. While sidewalk condition indicators are concerned with the current condition of the network, the management side of the process concerns itself with the analysis of conditions, prediction of future conditions, generation of maintenance options and sidewalk management scenarios. At this stage, the Client’s preferred repair methods and associated costs are used to customize our sidewalk management modules. The results are compiled and reported to the client in our Streetlogix software & digital storymap. Roads: Sidewalks: Automated Asset Management Proposal Carmel, IN 18 APPENDIX B – OPTIONAL SERVICES AND ASSET COLLECTION StreetScan leverages AI with Semantic Segmentation in order to process the attributes which are included as part of the Work Order Module. We do not guarantee the accuracy of detecting all assets within the right of way which is subject to error due to obstructions or miss classifying the asset. 360 Imagery has the lowest margin of error and therefore is reliant on the imagery processed to obtain the assets. 360 Imagery AI Package StreetScan leverages its API with Mapillary to process all our Panoramic 360 Imagery through its AI detector to extract multiple ROW assets. We do not guarantee the accuracy of detecting all assets within the right of way. Traffic Signage StreetScan’s traffic sign asset management service provides a simple solution for the Municipality to quickly and efficiently manage its traffic signs. StreetScan utilizes an algorithm to automatically locate traffic signs saving you time and money. Our GIS technicians take the processed Mapillary data and supplement it with Guide Signs and any missed signs along with their respective condition. The data then undergoes a rigorous Q&A process and collects multiple unique attributes. Charges will be for actual number identified; please inform us if you have more accurate estimates. Pavement Markings Asset Description 360 Imagery 360 Panoramic Imagery Hosted by Mapillary Manholes Point feature database of manholes Catch Basins Point Feature database of catch basins Attributes Description Sign Category Regulatory, Warning, Guide, School, Recreation, Information, General Sign Name Federal or State MUTCD designation or custom designation for specialized signs GPS Location Global Positioning System (GPS) location (+/- 5 meters) Sign Condition Good, Fair, Critical rating assessed through review of daytime digital images Automated Asset Management Proposal Carmel, IN 19 Through StreetScan’s existing collected imagery data, our geospatial technician team can extract pavement markings and insert them into a separate GIS layer. We supplement the data processed by Mapillary to add in Line Features & the condition of all pavement markings identified by Mapillary and StreetScan technicians. All data is accessible through Streetlogix. A visual review of the markings determine their current condition and whether maintenance is required. Trees StreetScan provides tree locations which are situated in the right of way (between Curb of Street to Edge of Sidewalk), determined from existing data sources satellite imagery, Google StreetView or ScanCar images if available. All data is provided as a GIS Layer. Deliverable: GIS layer of tree location Roads GIS Database StreetScan creates a Roads GIS Database by using a list of target roads or any State DOT database. Road segmentation will be intersection to intersection unless directed otherwise by the client. All data is provided as a GIS layer. Deliverable: GIS layer of Roads segmented intersection to intersection Sidewalk GIS Database StreetScan provides sidewalk locations, determined from existing data sources (satellite imagery, Google StreetView or ScanCar images) if available. All data is provided as a GIS layer. Deliverable: GIS layer of sidewalk locations Curb GIS Database StreetScan provides curb locations, determined from front or side facing imagery. Data is provided as a GIS layer. Deliverable: GIS layer of the linear features where curbs are present Sidewalk Width StreetScan will take 2 measurements for every sidewalk (Start & End Point) and average the width for the entire segment. Attributes Description Category Points: left turn, right turn, crosswalk, etc./ Lines: centerlines, shoulders, lane dividers, bike lanes Location Global Positioning System (GPS) location (+/- 5 meters) Condition For line features the analysis will be conducted using the clients segmentation or from intersection to intersection and given a rating of either Good, Fair or Critical. Automated Asset Management Proposal Carmel, IN 20 ADA Ramp Compliance Survey StreetScan’s ADA ramp compliance criteria is based on the 2010 Americans with Disabilities Act (ADA) standards. StreetScan measures all ADA slopes associated with compliance using a digital level. The level used is M-D Building Products 93975 Smart Tool Adam Digital Slope Walker. All measurements are reviewed by quality control technicians and compliance is determined. Compliance Measurements StreetScan determines ADA ramp compliance based on the measurements shown below. Inches Ramp Length Inches Ramp Width Ramp’s Cross Slope Ramp’s Running Slope Inches Landing Length Inches Landing Width Landing’s Cross Slope Landing’s Running Slope Left Flare Right Flare Roadway Cross Slope Roadway Running Slope Presence Detectable Warning Condition Detectable Warning Material of Detectable Warning Sidewalk Surface Quality Obstruction Accuracy: Deliverables: GIS Layer with ramp location & missing ramps Image of ramps/no ramp Compliance Measured Attributes (shown below) Attributes Description GPS Location Global Positioning System (GPS) location (typically +/- 1.5 meters) Ramp Slope / Cross Slope Angle (+/- 0.5 Percent) Road Slope / Cross Slope Angle (+/- 0.5 Percent) Flare Slopes Angle (+/- 0.5 Percent) Ramp Width Compliance Measure (+/- 1 inch) Landing Area Compliance Measures (+/- 1 inch) and angles (+/- 0.5 Percent) Automated Asset Management Proposal Carmel, IN 21 APPENDIX C – OUR CLIENTS REFERENCES & ADDITIONAL INFORMATION City of Lafayette, IN Project Objective: StreetScan was contracted by the City of Lafayette, IN, to assess the condition and provide repair suggestions for city- maintained roadways. Project Description: StreetScan utilized specialized vehicles outfitted with 3D cameras to assess the condition of 296 centerline miles. Data collected from the sensors was processed to identify specific road distresses and determine the pavement condition index (PCI) of each segment. Project Outcome: Data collection was completed in May 2019. Results from the survey were placed in Streetlogix, StreetScan’s GIS web- based software, providing an enriched view of the City’s road network with color-coded pavement conditions and other assets, along with images for every scanned road and a range of decision-making tools. In addition to repair suggestions and cost estimates, StreetScan prioritized repairs and developed work plans for the City. The City can use the software to visualize and export the information, as well as to adjust parameters and modify or generate new repair work plans. Municipalities in Indiana must report pavement condition information every two years to qualify for funding opportunities. StreetScan completed a second scan in 2021 for the City of Lafayette. Project Contact City of Lafayette, IN Jeromy Grenard, City Engineer and Public Works Director 765) 807-1050 x1051/ jgrenard@lafayette.in.gov Automated Asset Management Proposal Carmel, IN 22 City of Portland, ME Project Objective: The City of Portland, ME, selected StreetScan to perform a mobile sensing survey of City’s road network and prepare custom Maintenance and Repair suggestions. The mandate comprised the assessment of traffic signs, pavement markings and Streetlight Lux Levels. Project Description: Data collection for the project included: 221 centerline miles of city-maintained roadways 21,847 traffic signs inventoried 2,585 pavement markings (line features: lane dividers, bike lanes, etc.) 4,429 pavement markings (point features: left arrow, bicycle marking, etc.) StreetScan used specialized ScanVan vehicles to assess the condition of roadways in normal traffic flow. During the survey, imagery collected from 2D Camera systems were used to locate pavement markings and traffic sign locations. Consequently, Manual on Uniform Traffic Control Devices (MUTCD) attributes were extracted from the traffic sign images by our technicians. A Streetlight Lux Level Pilot was also performed. Utilizing a vehicle equipped with light sensors, StreetScan surveyed the Municipality at night to collect light level illumination data and provided a GIS layer also accessible through its web- based software. Project Outcome: Data collection was completed in December 2016. Survey results were placed in Streetlogix, a customizable, GIS web- based application, whose algorithm utilizes PCI, road usage data and a cost benefit analysis to determine road maintenance, repair costs and prioritization per segment. Budgeting and planning tools allow for editable short- and long-term planning as well as level of service analysis with target PCI. A second road data collection was performed in October 2019. Project Contact City of Portland, ME Jon Giles, GIS Coordinator 207) 874-8801 / jgiles@portlandmaine.gov Automated Asset Management Proposal Carmel, IN 23 City of Lebanon, NH Project Objective: Perform a mobile sensing survey of the City’s road and sidewalk network to assess its current condition and prepare custom Maintenance and Repair suggestions. Project Description: In the summer of 2019, StreetScan utilized specialized ScanVan vehicles to assess the condition of 96 miles of roadway and, using a pavement condition index scale which runs from 0-100, developed a Municipal-wide inventory of road condition. The system utilizes 3D imaging technology to measure the severity and extent of road defects including cracking, bumps, surface distortions, surface texture and potholes. For sidewalk assessments, StreetScan deployed mobile carts with high definition video capture capability to assess the condition of 30 miles of sidewalk. Through analysis techniques, sidewalk distresses such as cracking, aggregate loss, uplifts and surface distortion were identified, which were then used to calculate sidewalk condition ratings on a scale of 0 to 100 with 0 being the worst and 100 being ideal Project Outcome: Results from the survey were placed in Streetlogix, providing an enriched view of the City’s street network with color- coded pavement conditions and other assets, along with images for every scanned road and a range of decision - making tools Project Contacts City of Lebanon, NH James Donison, Director of Public Works 603) 448-3112 / james.donison@lebanonnh.gov Automated Asset Management Proposal Carmel, IN 24 Sample of other Clients: Automated Asset Management Proposal Carmel, IN 25 CASE STUDY Automated Asset Management Proposal Carmel, IN 26 TOTALSTREETS ANNUAL PAYMENTS YEAR 1 2 3 4 StreetScan Pavement Mgmt. $79,734 $79,734 Services StreetScan 360 + 16,350 $16,350AIPackage Streetlogix Asset 32,500 $16,500 $16,500 $16,500Management Software Cost $128,584 $16,500 $112,584 $16,500 Annual TotalStreets $68,542 $68,542 $68,542 $68,542 Payments Early Termination Fee (Calculated at 60,042 $8,000 $52,042 - time of annual renewal) Regarding Termination, item #19 pg 4, in the event of early termination by City, StreetScan will invoice for services rendered up to that point and notyet paid by City, including software fees due at the time of termination. EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 CzKpoPcfsmboefsbu2;53qn-Nbz28-3133 CzKpoPcfsmboefsbu21;59bn-Nbz36-3133 CzTfshfzHsfdivlijobu4;47qn-Nbz34-3133 CzKpoPcfsmboefsbu21;59bn-Nbz27-3133 IN WITNESS WHEREOF, theParties hereto have executed this Amendment No. 1 effective the date last signed below. TANDEM MOBILITY LLC City of Carmel, Indiana By: By: Name: Name: Title: Title: Date: Date: Remainder of page intentionally left blank) Keli Hoyt-Rupert 4/25/22 Founder & CEO 4/29/2022 TANDEM MOBILITY LLC SUITE 300 NORTHVILLE, MI 48167 - 106501 120 W MAIN STREET City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Bike Share Program 2022-2023 Dept of Community Service 1 Civic Square Carmel, IN 46032- 375349 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 65384 1192Department:101Fund:General Fund 43-509.00Account: Bike ShareProgram1 $90,000.00 $90,000.00Each 90,000.00SubTotal 90,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 106501 ORDERED BY TITLE CONTROLLER Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh James Crider Director Director of Administration CzKpoPcfsmboefsbu3;43qn-Nbz28-3133 CzTfshfzHsfdivlijobu:;58bn-Nbz35-3133 CzKpoPcfsmboefsbu22;18bn-Nbz29-3133 Maxwell Lightning Protection Company Administration Department - 2022 Appropriation # 1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #106526 Contract Not To Exceed $9,250.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. C:\\Users\\clivingston\\Downloads\\Maxwell Lightning Protection Company Goods and Services.docx:5/9/2022 1:33 PM\] 2 Maxwell Lightning Protection Company Administration Department - 2022 Appropriation # 1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #106526 Contract Not To Exceed $9,250.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement C:\\Users\\clivingston\\Downloads\\Maxwell Lightning Protection Company Goods and Services.docx:5/9/2022 1:33 PM\] 3 Maxwell Lightning Protection Company Administration Department - 2022 Appropriation # 1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #106526 Contract Not To Exceed $9,250.00 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if 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 Administration Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Maxwell Lightning Protection Company 621 Pond Street Dayton, Ohio 45402 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. C:\\Users\\clivingston\\Downloads\\Maxwell Lightning Protection Company Goods and Services.docx:5/9/2022 1:33 PM\] 4 Maxwell Lightning Protection Company Administration Department - 2022 Appropriation # 1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #106526 Contract Not To Exceed $9,250.00 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2022 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. C:\\Users\\clivingston\\Downloads\\Maxwell Lightning Protection Company Goods and Services.docx:5/9/2022 1:33 PM\] 5 October 13, 2021 ATIN: Estimating Department SUBJECT: Lightning Protection Quote 621 Pond Street, Dayton, OH 45402 Phone: 937-228-7250 Fax: 937-228-1508 Email: Maxwell@maxwell-lp.com PROJECT: Carmel DATA Center-Carmel, IN -Revised (Cost Change) 10.12.21 To Whom It May Concern: We are pleased to confirm our quote for a complete lightning protection system on the above referenced project. Breakdown as follows: Lightning Protection U.L. Certification 6,650.00 2,600.00 Total $9,250.00 Our quote includes all material and labor. The system will be installed as per plans and specifications, also in accordance with U.L. 96A, N.F.P.A. 780 and L.P.I. 175 Lightning Protection Codes. A U .L. Master Label cannot be received unless the existing building is up to current Lightning Protection Codes. If a U .L. Master Label is being obtained, full payment must be received forservices provided, minus 10% retainage if needed. Upon acceptance of this quote, you will receive an insurance certificate and submittals. If a performance bond is needed - -ADD 3% to our quote. We will need your firm to provide and install L"P.V.C. pipe and a cleared raceway with a pull string from each Thru-Roof Assembly to each Ground Location, totaling l00'of P.V.C. needed. (New Addition Only) Other than what we have stated, our quote includes all material and labor. Exhibit A Page 2 of2--Carmel DATA Center -Carmel, IN -Revised (Cost Change) 10.12.21 Approximate Material Includes: No. 4 100' 368' 19 99 Notes: Materials CAdwelds 29/17 Coooer Cable A-24 Aluminum Cable x 12" Aluminum Air Terminals & Bases Aluminum Adhesive Fasteners 1.Q. Thru-Roof Assemblies must be sealed and flashed in by the roofing contractor. 2.Surge Arrestors at the main electrical panel are not included under our scope of work. 3.Ground Loop and Ground Rods are not included in our scope of work, if Required. 4.Trenching, Backfilling and Excavation are not included in our scope of work. 5.Interior Grounding is not included in our scope of work. 6.Exclusion: (General Contractor and Roofing Contractor must be notified) The Lightning Protection System will be adhered directly to the Roof surface, by our Firm, with the proper Adhesive only. Roofing Contractor must supply and install all Wear Pads, Stripping, Battens, Heat Welded Strips or Pavers, at own expense whichever may or may not occur due to their choice of Roofing Manufacturer. No Material or Labor for these items have been included in our scope of work. 7.The design changed slightly during our phone conversation, we had to allow for the canopy on the right side of the building 8.Until the copper market settles this quote shall be considered valid for a period of :fifteen days from the date of this letter. If this time expires prior to the issuance of the lightning protection contract/purchase order, please contact our office for current pricing. Thank you for this opportunity to quote this project. Please feel free to contact this office if you have any further questions concerning this or any future projects. Sincerely, LIGHT Wayne Maxwel WSM/smb EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 5/6/2022 MAXWELL LIGHTNING PROTECTION CO DAYTON, OH 45402 - 106526 621 POND STREET City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION IT Data Center Building Addition and Remodel - Lightning Protection General Administration 1 Civic Square Carmel, IN 46032- 376485 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 65620 1205Department:0Fund:2021 IT Data Center Bond 44-628.71Account: IT Data Center Building Addition and Remodel - Lightning Protection 1 $9,250.00 $9,250.00Each 9,250.00SubTotal 9,250.00 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. 106526 ORDERED BY TITLE CONTROLLER Dept of Administration 1 Civic Square Carmel, IN 46032- James Crider James Crider Director of Administration Director of Administration CLERK 5-24-22 BPW 6-1-22 REVIEWED VIA EMAIL CFD SUTTON OK 5-13-22 CPD KEITH OK 5-13-22 CRED BREWER OK 5-23-22 CLERK 5-24-22 BPW 6-1-22 REVIEWED VIA EMAIL CFD SUTTON OK 5-20-22 CPD KEITH OK 5-18-22 CRED BREWER OK 5-23-22 CITY OF CARMEL, INDIANA INFORMATION SPECIAL EVENT / FACILITY USE REQUEST FORM Contact Person Email Phone Number: Cell Number: Address Name/Organization: Organization Type: Residency/Location: Event/Use Purpose: Event Date End Date Number of People Expected: Set-Up Start time Tear Down End Time CONTACT INFORMATION: Ramona Adams radams@thecenterpresents.org 3178193526 City Carmel State / Province / Region IN Postal / Zip Code 46032 Country USA Street Address One Carter Green Address Line 2 Center for the Performing Arts Non-Profit Organization Do you reside or are you located within the Carmel city limits? Yes No Center Celebration 2022 presented by Krieg DeVault 9/16/2022 9/16/2022 400 09:00:00 AM 09:00:00 AM * Tent will be placed on 9/15/22 and picked up 9/19/22 ---------------- 11:00 PM Ron Carter-Carmel Farmers Market approved tent placement on Carter Green during Farmers Market. CLERK 5-24-22BPW 6-1-22 CFD SUTTON 5-20-22 CPD KEITH 5-20-22 CRED BREWER 5-23-22 Event Start time:Event end time: Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Fees? Description of Event: FACILITY (S) REQUESTS: VENDORS: 05:00:00 PM 11:00:00 PM NA Will a Fee be charged for this event? If yes please describe in narrative below. YES NO Provide a brief description of event The Center will install a tent at the base of the south Palladium steps for our annual gala. The tent will be installed sometime between 9a and 4p on Thursday, Sept. 15 and will be taken down between 9a and 4p on Monday, Sept. 19. I realize this conflicts with the Farmer's Market but we'll contact them directly for permission. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply CARTER GREEN CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO JAPANESE GARDEN MONON & MAIN PLAZA MIDTOWN PLAZA - Events must be free and open to the public. REFLECTING POOL - Please note that Veteran's Plaza is NOT available for use. Other Base of the South Palladium Steps SPECIAL REQUESTS: Mark all that apply ELECTRICITY FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other VENDORS: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section M under “General Terms and Conditions” in the special event policy handbook. N/A CITY SERVICES NEEDED: Neighborhood Name/Streets to be closed UPLOAD MAP CITY SERVICES NEEDED: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY EMERGENCY MEDICAL SERVICES (EMS) (Extra fees may apply) EXTRA PATROL DURING EVENT (when available) TRAFFIC CONTROL (Extra fees may apply) ONSITE SECURITY (Assigned off-duty CPD officers, extra fees will apply) BARRICADES NO PARKING SIGNS (PICK UP AT CARMEL POLICE DEPARTMENT) N/A Please note the number of NO PARKING SIGNS needed Request that Carter Green Loop be closed to vehicular traffic, assuming it will be fully re-opened by September EVENT SET UP: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY Stage Size of Stage Tent(s) – If you are requesting Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). 20x40 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 Name of Merchants(s) doing the setup 3172517368 Phone Number of Merchant(s) doing set up: STREET(S) REQUESTED: SEE CITY OF CARMEL FACILITY USE POLICY Carter Green loop Include addresses as appropriate An easy to read, color map of the area is required with submission. Type of Closure: Further Info for type of closure 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. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: SECURITY DEPOSIT AND FEE: DISCLAIMER: ACKNOWLEDGEMENT AND AGREEMENT Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") 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 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. * GO TO SUBMIT TAB AND CLICK ON SUBMIT Center for the Performing Arts/Ramona Adams Name of Organization/Applicant Signature of Authorized Agent/Applicant Ramona Adams, Director of Events Printed Name and Title (If applicable) One Carter Green Carmel IN 46032 Address of Organization/Applicant 5/19/2022 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 ___________________________________ James Brainard, Presiding Officer Date: ______________________________ ___________________________________ Mary Ann Burke, Member Date: ______________________________ ___________________________________ Lori Watson, Member Date: ______________________________ ATTEST: _____________________ Sue Wolfgang, City Clerk ________________ Date Special Conditions:__________________________________________________________________ APPLICATION CHECKLIST (for use by City of Carmel) Checklist Applicable permit or approval copies received Application completed in full Event narrative description included Maps attached, if applicable Vendor list attached, if applicable Security deposit or event fee received Certificate of Insurance received Communication plan to residents and/or businesses and/or copy of email correspondence to affected parties received HOA approval received Hamilton County Health Department Hamilton County Sheriff City of Carmel Fire Marshal City of Carmel Police Department Carmel Clay Parks & Recreation SUBMIT CITY OF CARMEL, INDIANA INFORMATION SPECIAL EVENT / FACILITY USE REQUEST FORM Contact Person Email Phone Number: Cell Number: Address Name/Organization: Organization Type: Residency/Location: Event/Use Purpose: Event Date End Date Number of People Expected: Set-Up Start time Tear Down End Time Event Start time:Event end time: Rehearsal CONTACT INFORMATION: City State / Province / Region Postal / Zip Code Country Street Address Address Line 2 Do you reside or are you located within the Carmel city limits? Yes No NA Gordon Bennett gordostogo@gmail.com 813.778.3590 3500 W. 106th Street Carmel IN 46032-5513 USA Holy Trinity Greek Orthodox Cathedral - Indy GreekFest Non-Profit Annual cultural community event August 26, 2022 August 27, 2022 5,000 8:00 AM 11:00 PM 11:00 AM 10:00 PM CLERK 5-24-22 BPW 6-1-22 REVIEWED VIA EMAIL CFD SUTTON OK 5-18-22 CPD KEITH OK 5-18-22 CRED BREWER OK 5-23-22 MOBILE STAGE AGREEMENT AND DEPOSIT RECEIVED 5-18-22 Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Fees? Description of Event: FACILITY (S) REQUESTS: VENDORS: Will a Fee be charged for this event? If yes please describe in narrative below. YES NO Provide a brief description of event Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply CARTER GREEN CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO JAPANESE GARDEN MONON & MAIN PLAZA MIDTOWN PLAZA - Events must be free and open to the public. REFLECTING POOL - Please note that Veteran's Plaza is NOT available for use. Other mobile stage SPECIAL REQUESTS: Mark all that apply ELECTRICITY FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other VENDORS: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section M under “General Terms and Conditions” in the special event policy handbook. N/A CITY SERVICES NEEDED: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY CITY SERVICES NEEDED: Neighborhood Name/Streets to be closed UPLOAD MAP Type of Closure: Further Info for type of closure EMERGENCY MEDICAL SERVICES (EMS) (Extra fees may apply) EXTRA PATROL DURING EVENT (when available) TRAFFIC CONTROL (Extra fees may apply) ONSITE SECURITY (Assigned off-duty CPD officers, extra fees will apply) BARRICADES NO PARKING SIGNS (PICK UP AT CARMEL POLICE DEPARTMENT) N/A Please note the number of NO PARKING SIGNS needed EVENT SET UP: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY Stage Size of Stage Tent(s) – If you are requesting Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). 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: STREET(S) REQUESTED: SEE CITY OF CARMEL FACILITY USE POLICY 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: SECURITY DEPOSIT AND FEE: --------------------------- NOT USING CPD TRAFFIC CONTROL 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 CITY FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") 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 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. * GO TO SUBMIT TAB AND CLICK ON SUBMIT Holy Trinity Greek Orthodox Cathedral - Indy GreekFest Name of Organization/Applicant Signature of Authorized Agent/Applicant Stephanie Anderson Printed Name and Title (If applicable) 3500 W. 106th Street Carmel, IN 46032-3033 Address of Organization/Applicant 5/2/2022 Date Confidential - Company Proprietary Tent (1) Cleaning, (2) Outside Assembly, (3) Outside Cashier, (4) – (6) Bazaar Agora Drinks, (7) Beer Wine, (8) Cooking Demos Restrooms Stage Beer Wine Truck Louks Tents Barrier Sitting Tents CITY OF CARMEL USE ONLY Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Brainard, Presiding Officer Date: ______________________________ ___________________________________ Mary Ann Burke, Member Date: ______________________________ ___________________________________ Lori Watson, Member Date: ______________________________ ATTEST: _____________________ Sue Wolfgang, City Clerk ________________ Date Special Conditions:__________________________________________________________________ APPLICATION CHECKLIST (for use by City of Carmel) Checklist Applicable permit or approval copies received Application completed in full Event narrative description included Maps attached, if applicable Vendor list attached, if applicable Security deposit or event fee received Certificate of Insurance received Communication plan to residents and/or businesses and/or copy of email correspondence to affected parties received HOA approval received Hamilton County Health Department Hamilton County Sheriff City of Carmel Fire Marshal City of Carmel Police Department Carmel Clay Parks & Recreation SUBMIT CLERK 5/24/22 BPW 6/1/22 REVIEWED VIA EMAIL CFD SUTTON OK 5-13-22 CPD KEITH OK 5-13-22 CRED BREWER 5-23-22 CLERK 5-24-22 BPW 6-1-22 REVIEWED VIA EMAIL CFD SUTTON OJ 5-13-22 CPD KEITH OK 5-13-22 CRED BREWER OK 5-23-22