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HomeMy WebLinkAboutPaperless Packet for BPW 02.15.23Board of Public Works and Safety Meeting Agenda Wednesday, February 15, 2023 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1.MINUTES a.Minutes from the February 1, 2023, Regular Meeting 2.BID OPENING AND AWARD a.Bid Opening for Project # 20-ENG-04 - Road Improvements College Ave (96th to 106th Street); Jeremy Kashman, City Engineer b.Bid Opening for Project 23-STR-01 - 2023 Paving Program; Lee Higginbotham, Street Commissioner c.Bid Award for 16-ENG-97A Gray Road Multi-Use Path (106th to 116th Street); Jeremy Kashman, City Engineer 3.PERFORMANCE BOND RELEASE /REDUCTION APPROVAL REQUESTS a.Resolution BPW 02-15-23-0; Artistic Composite Pallets; Erosion Control; ACP Realty, LLC 4.CONTRACTS a.Request for Purchase of Goods and Services; AVI Systems, Inc.; ($74,638.00); 2023 AV Maintenance Contract; Additional Services Amendment; Timothy Renick, Director of Information and Communication Systems b.Request for Purchase of Goods and Services; Certified Engineering, Inc.; ($129,330.00); 20-ENG-04 R/W Engineering Services;Professional Services; Jeremy Kashman, City Engineer c.Request for Purchase of Goods and Services; Fredericks, Inc; ($49,715.00); Fire Station #41 Soffit and Gutters Repair Per Quote; Additional Services Amendment; Chief David Haboush, Carmel Fire Department d.Request for Purchase of Goods and Services; Gear Wash, LLC; ($13,360.00); Advanced Cleaning / Inspection / Repair of Turn Out Gear; Additional Services Amendment #2; Chief David Haboush, Carmel Fire Department e.Request for Purchase of Goods and Services; Mainscape, Inc.; ($1,507,733.93); 2023 Mowing and Landscaping; Additional Services Amendment; Lee Higginbotham, Street Commissioner f.Request for Purchase of Goods and Services; National Water Services, LLC; ($29,579.00); Well Cleaning per Quote; John Duffy, Director of the Department of Utilities g.Request for Purchase of Goods and Services; Sexson Mechanical Company, LLC; ($3,800.00); 2023 Annual Maintenance Agreement; Additional Services Amendment; Chief James Barlow, Carmel Police Department h.Request for Purchase of Goods and Services; Sexson Mechanical Company, LLC; ($11,248.00); HVAC Preventative Maintenance at CDC and Stations 341, 342, 343, 344, & 346; Additional Services Amendment; Chief David Haboush, Carmel Fire Department i.Request for Purchase of Goods and Services; Sexson Mechanical Company, LLC; ($25,378.73); Fire Station #43 Replace 2 Split Systems Per Quote; Additional Services Amendment #2; Chief David Haboush, Carmel Fire Department j.Request for Purchase of Goods and Services; Shade Trees Unlimited, Inc.; ($95,000.00); 2023 Trees;Additional Services Amendment; Mike Hollibaugh, Director of the Department of Community Services k.Request for Purchase of Goods and Services; Storm Warrior Roofing and Restoration; ($264,870.00); Roof Replacement – 3450 West 131st Street; Architect - Telamon Energy; John Duffy, Director of the Department of Utilities l.Request for Purchase of Goods and Services; TMT, Inc.; ($79,778.00); 2023 Mulching; Additional Services Amendment; Lee Higginbotham, Street Commissioner m.Request for Purchase of Goods and Services; TruGreen; ($246,277.14); 2023 Fertilization; Additional Services Amendment; Lee Higginbotham, Street Commissioner n.Request for Purchase of Goods and Services; United Diagnostic Services, LLC; ($51,300.00); Ultrasound Screening Package per Quote; Chief David Haboush, Carmel Fire Department 5.REQUEST TO USE CITY STREETS/PROPERTY a.Request to Use Indiana Design Center South Parking Lot; Artomobilia; September 9, 2023; 6:00 AM – 9:00 PM; Meg Gates Osborne, City of Carmel b.Request to Use Carter Green / Road Closure; Booth Tarkington Civic Theatre Family Fundraiser; June 2, 2023; 8:00 AM – 11:00 PM; David Brock 6.OTHER a.Resolution BPW 02-15-23-01; A Resolution of the City of Carmel Board of Public Works and Safety Approving Transfer and Presentation of Pistol and Badge for Officer R. Scott Spillman; 19 Years of Meritorious Service; Chief James Barlow, Carmel Police Department b.Resolution BPW 02-15-23-03; A Resolution of the City of Carmel Board of Public Works and Safety Approving the Donation of Property by the City of Carmel; AED to PrimeLife Enrichment, Inc.; Chief David Haboush, Carmel Fire Department c.Request for Acknowledgement of Conflict of Interest; Michael Brisco, Carmel Fire Department d.Request for Acknowledgement of Conflict of Interest; Gregory A. Webb, Carmel Fire Department e.Request for Grant of Drainage Easement;4625 W 116th Street; Lindsay Crawley and Rex Dewayne Herbert Jr f.Request for Right of Way Dedication; 4625 W 116th Street; Lindsay Crawley and Rex Dewayne Herbert Jr g.Request for Storm Water Technical Standards Waiver; Old Meridian Apartments – 12895 Old Meridian; Nicholas Vergatos, JPS Consulting Engineers 7.ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, February 1, 2023 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 MEETING CALLED TO ORDER6 7 Board Member Mary Ann Burke called the meeting to order at 10:00 AM 8 9 MEMBERS PRESENT10 11 Board Members Lori Watson, Mary Ann Burke, and Deputy Clerk Holly Harmeyer were present. 12 13 MINUTES14 15 Minutes from the January 18, 2023 Regular Meeting. 16 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 17 18 BID/QUOTE OPENING19 20 Cancellation of Bid Opening for Brookshire Golf Course Cellular Tower and Equipment Project 21 Board Member Burke moved to acknowledge. Board Member Watson seconded. Acknowledgment approved 2-0. 22 23 24 CONTRACTS25 26 Resolution BPW 02-01-23-02; A Resolution of the City of Carmel Board of Public Works and Safety 27 Acknowledging Agreement Between City and Vendor; Tom Wood Volkswagen, Inc.; ($47,265.25); One (1) 28 Department Vehicle; Includes Statement & Request for Approval of Special Purchase 29 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 30 31 Resolution BPW 02-01-23-03; A Resolution of the City of Carmel Board of Public Works and Safety 32 Acknowledging Agreement Between City and Vendor; Tom Wood Ford, Inc.; ($40,602.10); Two (2) Department 33 Vehicles; Includes Statement & Request for Approval of Special Purchase 34 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 35 36 Request for Purchase of Goods and Services; Courtesy Ford Motors, LLC; ($1,353,386.25); Twenty-nine (29) 37 Specialized Police Vehicles; Includes Statement & Request for Approval of Special Purchase 38 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 39 40 Request for Purchase of Goods and Services; Acid Remap, LLC; ($3,500.00); EMS Protocol Application 41 Updates; Subscription Agreement 42 Contract pulled from the agenda at the request of Carmel Fire Department. 43 44 Request for Purchase of Goods and Services; Angel Oak Tree Care; ($140,000.00); Tree Removal and Other 45 Landscape Services; Additional Services Amendment 46 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 47 48 Request for Purchase of Goods and Services; AVI Systems, Inc.; ($85,554.07); Equipment Repairs; Additional 49 Services Amendment 50 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 51 52 Request for Purchase of Goods and Services; Fredericks, Inc; ($9,590.00); Sidewalk - Carmel Data Center; CO 53 #5 54 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 55 56 Request for Purchase of Goods and Services; Rieth-Riley Construction, Inc; ($36,949.54); 20-ENG-01 Smoky 57 Row Road Reconstruction – Underdrain Outlet Pipe Work; CO #5 58 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 59 60 Request for Purchase of Goods and Services; Office Works Services, LLC; ($518.29); Additional Pieces; 61 Additional Services Amendment 62 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 63 64 Resolution BPW 02-01-23-01; A Resolution of the City of Carmel Board of Public Works and Safety 65 Acknowledging Agreement Between City and Vendor; World Class Ice Sculpture; ($1,600.00); Performance 66 Agreement - Festival of Ice 67 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 68 69 Resolution BPW 02-01-23-04; A Resolution of the City of Carmel Board of Public Works and Safety 70 Acknowledging Agreement Between City and Vendor; Insight Public Sector, Inc.; ($474,103.14); Microsoft EA 71 Licensing and Subscription Renewal 72 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 73 74 Request for Purchase of Goods and Services; TMT, Inc.; ($100,000.00); 2023 Trees; Additional Services 75 Amendment 76 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 77 78 Request for Purchase of Goods and Services; TouchPhrase Development, LLC d/b/a Julota; ($13,992.50); 79 Software as a Service License Agreement 80 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 81 82 REQUEST TO USE CITY STREETS/PROPERTY83 84 Request to Replace Documents; Use of Carter Green / Parking Spaces; Carmel Pride Festival; June 25, 2023; 85 10:00 AM – 11:00 PM; Tabled January 18, 2023 86 Board Member Burke moved to take the request from the table. Board Member Watson seconded. Approved 2-0. 87 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 88 89 Request to Use / Close City Streets / Monon & Main Plaza / Midtown Plaza; Artomobilia; September 9, 2023; 90 6:00 AM – 9:00 PM 91 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 92 93 Request to Use / Close City Streets / Monon & Main Plaza; Art of Wine; May 20, 2023; 8:00 AM – May 21, 2023 94 1:00 AM 95 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 96 97 Request to Use Midtown Plaza; Holiday Porchfest; December 9, 2023; 1:00 PM – 5:00 PM 98 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 99 100 Request to Use / Close City Streets; Late Night on Main in July; July 15, 2023; 2:00 PM – July 16, 2023 2:00 101 AM 102 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 103 104 Request to Use / Close City Streets; Late Night on Main in August; August 19, 2023; 2:00 PM – August 20, 2023 105 2:00 AM 106 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 107 108 Request to Use / Close City Streets; Late Night on Main in June; June 17, 2023; 2:00 PM – June 18, 2023 2:00 109 AM 110 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 111 112 Request to Use / Close City Streets; Muldoon’s Shamrock the District; March 17, 2023; 11:00 AM – March 20, 113 2023 12:00 PM 114 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 115 116 Request to Use Council Chambers; Carmel National Day of Prayer; May 4, 2023; April 28, 2023; 11:00 PM – 117 2:00 PM 118 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 119 120 Request to Use Midtown Plaza; Physique 57 Outdoor Community Fitness Classes; April 22, May 6 & 20, June 121 10 & 24, July 8 & 22, August 5, & 26 and September 16 & 23, 2023; 7:30 AM – 9:00 AM 122 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 123 124 Request to Use / Close City Streets; Carmel PorchFest in September; September 17, 2023; 8:00 AM – 8:00 PM 125 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 126 127 Request to Use Use / Restrict City Streets; 7th Annual RUN(317) Carmel Village of West Clay 5K; August 31, 128 2023; 12:00 PM – 9:30 PM 129 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 130 131 Request to Use Civic Square Fountain / Gazebo; School of Rock Spring Performances; April 22, 2023 9:00 AM 132 – April 23, 2023 11:00 PM 133 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 134 135 Request to Use / Close City Streets; St. Patrick’s Day Celebration at the Brockway Public House; March 17, 136 2023; 8:00 AM – March 18, 2023 11:00 PM 137 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 138 139 OTHER140 141 Request for Acknowledgement of Conflict of Interest; Adam Harrington, Carmel Fire Department 142 Board Member Burke moved to approve. Board Member Watson seconded. Acknowledgment approved 2-0. 143 144 Request for Acknowledgement of Conflict of Interest; Scott K. Osborne, Carmel Fire Department 145 Board Member Burke moved to approve. Board Member Watson seconded. Acknowledgment approved 2-0. 146 147 Request for Acknowledgement of Conflict of Interest; Kurt Weddington, Carmel Fire Department 148 Board Member Burke moved to approve. Board Member Watson seconded. Acknowledgment approved 2-0. 149 150 Request for Lane Closure / Sidewalk Closure / Open Pavement Cut; Old Meridian and Main Street 151 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 152 Watson seconded. Request approved 2-0. 153 154 Request for Sidewalk Closure; Carmel Historical Society; 211 1st Street SW 155 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 156 Watson seconded. Request approved 2-0. 157 158 Request for Grant of Drainage Easement; Ozwell Fitness; 1077 3rd Avenue SW 159 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 160 Watson seconded. Request approved 2-0. 161 162 Request for Right of Way Dedication; Seasons of Carmel Apartments; Maple Drive and the 98th Street Trail 163 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 164 Watson seconded. Request approved 2-0. 165 166 Request for Storm Water Technical Standards Waiver; Old Meridian and Main Street 167 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 168 Watson seconded. Request approved 2-0. 169 170 Request for Storm Water Technical Standards Waiver; 211 1st Street SW 171 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 172 Watson seconded. Request approved 2-0. 173 174 Request for Grant of Perpetual Storm Water Quality Management Easement; College Park Christian Church; 175 2606 W 96th Street 176 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 177 Watson seconded. Request approved 2-0. 178 179 Request for Consent to Encroach and Variance; 10550 Hussey Lane 180 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 181 Watson seconded. Request approved 2-0. 182 183 Request for Secondary Plat; Jackson’s Grant on Williams Creek, Section 8 184 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 185 Watson seconded. Request approved 2-0. 186 187 Request for Secondary Plat; Waterfront of West Clay, Section 5B 188 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 189 Watson seconded. Request approved 2-0. 190 191 ADD-ONS192 193 Board Member Burke moved to add one add-on item to the agenda. Board Member Watson seconded. Approved 2-0. 194 195 Resolution BPW 02-01-23-05 196 A Resolution requesting the provision of certain infrastructure or other impact zone improvements in lieu of and 197 as a credit against the payment of parks and recreation impact fees (“PRIF”) and approving a PRIF credit 198 agreement; Henry Mestetsky, Director of Department of Redevelopment 199 Presented by Sergey Grechukhin, Office of Corporation Counsel 200 Board Member Burke moved to approve the resolution. Board Member Watson seconded. Resolution approved 201 2-0. 202 203 ADJOURNMENT204 205 Board Member Mary Ann Burke adjourned the meeting at 10:16 a.m.206 207 208 APPROVED: ____________________________________ 209 Sue Wolfgang – City Clerk 210 211 _____________________________________ 212 Mayor James Brainard 213 ATTEST: 214 215 __________________________________ 216 Sue Wolfgang – City Clerk 217 CzTfshfzHsfdivlijobu:;24bn-Gfc18-3134 Exhibit A 2023 - CarmelAVMaintenancePlan City of Carmel Carter Green, Midtown Plaza. Brookshire Golf Course QUOTE NUMBER Arts District Audio, EOC Police & Fire, Courts 181762-90458 Carmel, Indiana 46032 Revision:2 Modified:1/31/2023 PROPOSALVALID10DAYS NOTE: Historically we have been able to guarantee prices for up to90+ days. However, due to the current environment for raw materials, fuel, currency fluctuations, freight costs, etc... prices are valid for 10 days after the date of proposal and are subject to change without notice. FREIGHTCOSTS Due to rapidly increasing freight costs AVI Systems will charge thecustomer for actual inbound shipping and handling charges. Any freight costs shown in our proposal are an estimate only and are subject to change. Presented By: Account Manager: Rick Streb Designed By: AVI Systems 1256 Washington St Columbus, IN 47201-5722 United States 800)742-5036 https://www.avisystems.com/ https://www.avisystems.com/ Page 1 of 20 COMPANYPROFILE COMPANY OVERVIEW AVI Systems (AVI) was established in 1977. AVI is a leading audio/visual systems designer and integrator providing advanced communications products, support services and technology solutions for educational, governmental and corporate environments. Beyond offering state ofthe art products and services, we create strategic options to meet your unique needs and deliver the optimal communications environment. From system design to installation and product training to service and support programs, we connect our clients with customized end-to-end solutions that are scalable, reliable and, above all, simple to use. Past success has come from our highly experienced people taking the time to fully understand the needs of our customers to provide creative solutions — solutions that ensure superior results and enable our clients to effectively communicate. THE AVIADVANTAGE 23 U.S Locations 45Years in Business 700 Employee Owners 400 Manufacturing Partners enables us to provide optimal AV Solutions 80% of employees are focused on technical delivery More than 3500 installations completed last year PRO Development, PRO Design, PRO Integrations and PRO Support Company Wide AVIXA Certificates, 125 CTS, 50 CTS-D and 30 CTS-I WHY AVI? We stand apart because of all the things our people have in common. Among them: Ashared stake inyour success As a 100% employee-owned company, we’re 100% dedicated to doing right by our customers – which means we stand by our work, and will always have your back. Unparalleled expertise From credentials to customer satisfaction, we have – by any measure – the most talented and best trained people inour industry. Moreover they have the energy, intelligence and integrity toget the job done right. Focus onthe future You need to know that your technology partner will always be there for you. Unparalleled customer support, top ofthe line insurance, and AVI’srock-solid financial and underpinnings provide that reassurance. As a 100% employee-owned company, we’re 100% dedicated to doing right by our customers – which means we stand by our work, and will always have your back. https://www.avisystems.com/ Page 2 of 20 IMPORTANT NOTICE ONSUPPLY CHAIN CONCERNS IMPORTANT INFORMATION - PLEASE READ To Our Valued Customers: With the COVID-19 pandemic continuing to spread, it has built a domino effect in creating more havoc in its wrath, disrupting major supply chains worldwide. Congestion at ports due to logistical demands have also caused ashortage in shipping containers. In our industry, the COVID pandemic has caused arising demand for components used in PC’s and audio visual products, which in turn, has resulted in a severe shortage in semiconductors, panels, memory and audio/visual equipment. In addition, the rapid growth of e-commerce, a longer-than-expected shipping season, and worldwide equipment shortages, are all driving freight rates to new record heights. We cannot provide accurate freight costs for any project until after we order the product. Any freight shown on our quote is just an estimate and may be adjusted. These issues will likely have an impact on our products and services. Delivery times will be constrained for an extended period of time and it may be several months before we can receive the product. In addition many of our manufacturers are discontinuing some products after we have provided you a quote. We will do our best to provide a product that is comparatively priced and will ask for your approval to make the change, however, sometimes a replacement product may be more expensive than the original product quoted. We will notify you as soon as possible and ask for you to approve the cost increase via a change order. We have always tried to provide consistency to our customers. However, we are asking for your understanding in this difficult time as the lead time and price for raw materials have increased tremendously this year. Many of our suppliers are providing us with monthly adjustments to pricing and extended lead times. Our proposals are only valid for 10 days from the date of proposal. Lead times for delivery of the products may be several months. It is important to receive orders as soon as possible after quoting so that we can get product ordered and lock in costs. We will let you know after we order products from the manufacturers of any extended lead times. AVI Systems Page 3 of 20 SCOPEOF WORK Preventive Maintenance Hourly Estimates AVISystems(AVI)agreestoprovideoncallserviceandpreventivemaintenancecallsfor Cityof Carmelaudio/videoequipmentinstalledat CarterGreen,MidtownPlaza,ArtsDistrictOutdoor Audio, Brookshire Golf Course, Carmel EOC Police & Fire and Courts. AVIwillscheduleandperformtwo(2)preventivemaintenancecallsperlocationscheduledinthe springandfalloftheyearatmutuallyagreeabledatesandtimes.Timeforthesecallsandtraveltime will be deducted from the block of hours contract. We have carried over twenty-eight (28) hours that weren't used from the 2022 Contract. The total block of hours available for 2023 will be 203 hours. CarterGreen-Estimated6hoursperPM-Includes4hoursonsiteand2hoursroundtrip travel. Midtown Plaza - Estimated 6 hours per PM - includes 4 hours on site and 2 hours roundtrip travel. Neoti will provide a site visit to check and calibrate the LED wall at each preventive maintenance visit. Brookshire Golf Course - Estimated 2 technicians - 6 hours (12 Hours) per PM - Includes 4 hours on site per PM and 2 hours round trip travel per PM per technician. Arts District Outdoor Audio - Estimated 6 hours per PM - Includes 4hours on site and 2hours travel. Carmel EOC Police & Fire- Estimated 2technicians - 6hours (12 Hours) per PM - Includes 4 hours on site per PM and 2 hours round trip travel per PM per technician. Courts - Estimated 6 hours per PM - Includes 4 hours on site and 2 hours roundtrip travel. Actual time will be charged against the block of hours. Spare Parts The items shown in the proposal as(Owner Furnished Equipment) are spare parts currently in the possession of the City of Carmel to be utilized when needed to get the system/systems running as quickly as possible. The spare parts are stored at the customers location and AVI will utilize the spare parts kit to provide replacement for failed components. The component needing repair will be returned to the manufacture for evaluation to determine if the component can be repaired under warranty. If the component is repaired under warranty the unit will be returned to the customer to replenish the spare parts stock. Labor and travel time to and from the job site for removal and replacement will be charged against the block of hours. AVI Systems Page 4 of 20 If the component is not under warranty, we will determine if the component can be repaired or if the unit needs replaced. AVI will provide a quote to the customer for the cost of repair or replacement of the failed component. If approved the failed component will be repaired or replaced and returned to the customer for use the next time a component fails. Any repair charges, equipment charges and labor will be charged against the service contract. If sufficient funds are not available, the customer will need to issue apurchase order for the repair and replacement charges. Additional Spare Parts - Recommended Qty 2 - JBL CBT 1000High-Output Two-Way Line Array Column Speaker with Highly Adjustable Vertical Coverage. This system isutilized at Midtown Plaza LED Wall Audio Qty 2 - JBL CBT100LA-1 -Line array column Speaker, 100cm tall, 162". Used in the Midtown Plaza Audio System Qty 2 - JBL CBT50LA-1 -Compact line array column speaker, 50 cmtall.Used in the City Midtown Plaza Audio System Qty 1 – QSC Core 610 Digital Signal Processor with 5-year software license. Used for City Wide Audio Qty 1 – Shure QLXD2/SM58 Wireless Handheld microphone transmitter. Replaces missing unit. Qty 1 – Extron IPCP Pro 350 IP Link Control Processor. Used for City Wide Qty 4 - Klipsch PRO-650T-LS Outdoor Speakers - Arts District Audio Other Services ThefollowingitemscanbepaidforundertheprovisionsofthisServicePlan.AVIwillprovideyou withaquotefortheseitemsthatmustbeagreeduponpriortotheworkbeingcompleted.These charges will be invoiced against the block of hours. 1.Projector lamps, batteries, software programs, patch cables and other expendable items 2.Repair of software and other program materials, DVD, VHS etc 3.Re-Training of personnel 4.Problems caused by improper connection of equipment by end-user, determined by AVI Presentation Systems. 5.Any reprogramming of control systems such as AMX, Crestron, Extron. 6.Design Services 7.Out of warranty equipment and system repairs. Block of Hours Service Plan Duration ThisAgreementwillbecomeeffectiveuponexecutionoftheAgreementandAVI'sreceiptofpayment fortheservicesfromtheCustomer.TheTermwillexpireattheendofthecontractunlesstheparties agree to renew the Service Plan at least thirty (30) days prior to the end date. Hoursnotusedwillexpireunlessapurchaseorderforthenextblockofhoursisreceivedatleast(30) dayspriortotheexpirationofthecontract.Ifthecontractisrenewedremaininghourswillrolloverto AVI Systems Page 5 of 20 thenextcontractterm.Ifthecontractisnotrenewedtherewillnotbeareimbursementforhoursnot used. Block of Hours IftheblockofhourspurchaseisexpendedbeforetheendofthetermanadditionalBlockofHours may be purchased at the previous rates. Assumptions RoomAvailability–Room(s)inwhichserviceistobeperformedwillbemadeavailableforAVI Systemsexclusiveuseontheday(s)ofthescheduledservice.ServicewillbescheduledMonday– Friday between the hours of 8:00AM – 5:00 PM excluding holidays. Parking–ThecustomerwillprovideadequateparkingforAVIPresentationSystemsvehicle(s)ina locationconducivetoouraccesstothevehicle(s)forretrievaloftoolsandsuppliesthroughout theworkday.Ifsuchparkingiswithinasecuredfacility,thecustomerwillvalidatetheparking ticked for AVI Presentation System’s vehicle(s). ExistingEquipmentDocumentation–Ifthissystem(s)containsanyequipmentnotprovidedby AVI,thecustomershall,atAVIrequest,provideanydocumentationwhichAVISystemsmayrequire in order to properly service that equipment. AVI Systems Page 6 of 20 CarterGreen 1AVI BLOCK 25 Block of Hours Service Plan - Includes 25 hours to be utilized as needed per service plan documents. Hours expire at the end of twelve (12) months unless an additional service plan is purchased. 4Klipsch CA-650-T \[Black\] OFE\] - Black ALL-PURPOSE 6.5'' 2-WAY - 90X90 TRACTRIX HORN - 70V 1.8W, 3.7W, 7.5W, 15W, 30W, 60W TAPS + 8 OHM BYPASS 1LEA Professional Connect 354D OFE\] - IOT Enabled Professional Amplifier with Dante - 4 x 350 WRMS @ 4, 8, 70V, 100V (175W at 2) 1Wineguard FL6550A OFE\] - FlatWave Air Amplified Outdoor Antenna Carter Green Total 3,375.00 Courts 1AVI BLOCK 25 Block of Hours Service Plan - Includes 25 hours to be utilized as needed per service plan documents. Hours expire at the end of twelve (12) months unless an additional service plan is purchased. Courts Total 3,375.00 EOCPolice & Fire 1AVI BLOCK 25 Block of Hours Service Plan - Includes 25 hours to be utilized as needed per service plan documents. Hours expire at the end of twelve (12) months unless an additional service plan is purchased. EOC Police & Fire Total 3,375.00 PriceIncludes Accessories 2023 - CarmelAVMaintenance Plan ProjectNo :181762-904581/31/2023Rev.2 Page 7 of 20 EOCPolice & Fire: SpareParts 1Planar LX55HDX-L OFE\] - 55" Diagonal Commercial-grade direct view LCD video wall system EOC Police & Fire: Spare Parts Total 0.00 CityWideAV 1AVI BLOCK - CARRYOVER Block of Hours Carryover - 28 Hours carried over from 2022 Service Contract 1AVI BLOCK 25 Block of Hours Service Plan - Includes 25 hours to be utilized as needed per service plan documents. Hours expire at the end of twelve (12) months unless an additional service plan is purchased. 1QSC CORE 610 Network Core for AV&C processing built on Dell PowerEdge Server offering 256x256 networked audio channels with 8x8 Software-based Dante license included, dual Ethernet ports for network redundancy, two auxiliary Ethernet ports, 64 next-generation AEC processors, internal universal PSU, 480 GB SSD City Wide AV Total 12,686.00 PriceIncludes Accessories 2023 - CarmelAVMaintenance Plan ProjectNo :181762-904581/31/2023Rev.2 Page 8 of 20 CityWideAV: SpareParts List 1Extron 60-1417-01A IP link pro control processor with license 1JBL Professional CBT 50LA-1 OFE\] - CBT (Constant Beamwidth Technology) series line array column loudspeaker, eight 2'' driver, 8 ohm, black 1Qsc CXD8.4Q OFE\] - Multi-Channel 500W/CH Q-SYS Amplifier With Mic/line Inputs. 1Qsc I/O-8 Flex OFE\] - Q-SYS I/O peripheral providing 8 individual, software-switchable Q-SYS Flex Channels. All mounting hardware included. 1QSC CIML4 OFE\] - Four channel of microphone/line-level analog audio input card with 48V phantom power 1Shure QLXD2/SM58=-G50 Handheld Transmitter with SM58 Microphone City Wide AV: Spare Parts List Total 3,083.00 CityWideAV: Crestron XIOCloud 13Crestron Electronics SW-XIOC-API-1 YEAR XiO Cloud Provisioning and Management Service, REST API License for one room - 1 Year 13Crestron Electronics SW-XIOC-EM-1 YEAR XiO Cloud Provisioning and Management Service, Endpoint Management License for one room - 1 Year 13Crestron Electronics SW-XIOC-S-1 YEAR XiO Cloud Provisioning and Management Service, Support License for one room for 1 Year City Wide AV: Crestron XIO Cloud Total 1,716.00 PriceIncludes Accessories 2023 - CarmelAVMaintenance Plan ProjectNo :181762-904581/31/2023Rev.2 Page 9 of 20 ArtsDistrictAudio 1AVI BLOCK 25 Block of Hours Service Plan - Includes 25 hours to be utilized as needed per service plan documents. Hours expire at the end of twelve (12) months unless an additional service plan is purchased. Arts District Audio Total 3,375.00 ArtsDistrictAudio: SparePartsList 1Attero Tech unAIO2x2+ OFE\] - AES67 Networked Audio Interface - 2x2 Mic/Line I/O, PoE or 24VDC, AES67 4Klipsch PRO-650T-LS Brown 6.5" WOOFER, TRACTRIX HORN LOADED 1" ALUMINUM DOME TWEETER, 50W 70V/100V MULTI-TAP TRANSFORMER WITH 8 OHM BYPASS, IP45 RATING 18" and 10" Ground Stakes Sold Separately) 2Qsc SPA2-200 OFE\] - 1/2 RU 2 Channel ENERGY STAR amplifier / Stereo Operation 200 watts into 8 Ohm & 4 Ohm, Bridged operation 400 watts into 8 Ohm & 4 Ohm, and 350 watts into 70v and 100v / 100-240 VAC Operation 1QSC QIO-ML2X2 OFE\] - Q-SYS Peripheral Providing 2 Mic/Line Inputs And 2 Line Outputs Arts District Audio: Spare Parts List Total 1,468.00 PriceIncludes Accessories 2023 - CarmelAVMaintenance Plan ProjectNo :181762-904581/31/2023Rev.2 Page 10 of 20 Midtown Plaza 1AVI BLOCK 25 Block of Hours Service Plan - Includes 25 hours to be utilized as needed per service plan documents. Hours expire at the end of twelve (12) months unless an additional service plan is purchased. 1Jbl Pro CBT 1000 OFE\] - Constant Beamwidth Adjustable Coverage Line Array Speaker 1Jbl Pro CBT 100LA-1 OFE\] - 16 x 2" Line Array Column Loudspeaker 1Jbl Pro CBT 50LA-1 OFE\] - Full Range Line Array Column Speaker with Eight 50mm Drivers, 400W, Black 1Neoti VX4S OFE\] - Video Wall Controllers Midtown Plaza Total 3,375.00 PriceIncludes Accessories 2023 - CarmelAVMaintenance Plan ProjectNo :181762-904581/31/2023Rev.2 Page 11 of 20 MidtownPlaza: SparePartsList 1Denon Pro DN-500BDMKII OFE\] - Blu-Ray, DVD and CD/SD/USB Player 1Extron 60-1583-01 OFE\] - Preamp Output, w/o Amplifier and Control Processor 2JBL Professional CBT 1000 Two-way line array column loudspeaker, 45 Hz - 20 KHz -10db frequency, black color 2JBL Professional CBT 100LA-1 CBT (Constant Beamwidth Technology) series line array column loudspeaker, sixteen 2'' driver, 8 ohm, improved mounting bracket 2JBL Professional CBT 50LA-1 CBT (Constant Beamwidth Technology) series line array column loudspeaker, eight 2'' driver, 8 ohm, black 1Origin Acoustics LSB64RD-Black360 OFE\] - Landscape Bollard Collection - The Origin Luxury Landscape Bollard with Built-In Subwoofer in Round Black w/ 360 degree Acoustic Lens Dispersion Midtown Plaza: Spare Parts List Total 6,510.00 PriceIncludes Accessories 2023 - CarmelAVMaintenance Plan ProjectNo :181762-904581/31/2023Rev.2 Page 12 of 20 Midtown Plaza: NeotiVideoWall LED Service & Maintenance Solution Neoticare Premium NeotiCare goes above and beyond our standard warranty, providing a total service and maintenance plan for your LED Video Wall. It helps offset the cost of repairs from unexpected damage, outside of normal usage. All plan levels provide a professional, responsive, and knowledgeable support team to solve issues and keep your system running smoothly. Free 24/7 Phone Support - You may contact Neoti direct at (260) 494-1499 and a representative will return the call in 2 hours or less. Site Visit Credits - Qty 2 are provided within 2 business days. NOTE: The customer must provide access to the equipment for repairs including a man lift if required. Additional Site Visits - 20% discount Non-Warranty Replacement Parts - 15% discount Non-Warranty Neoti Module Repair - FREE including return shipping. (Restrictions Apply) 4Neoti LED Display Module OFE\] - HD 6 LED Video Wall Module 1Neoti Neoticare - Premium - 3 Year Neoticare Premium includes 24/7 Phone Support - Phone Support Response Time 2 Hours, 2 Site Visit Credits within 2 Business Days / year, 20% Discount on Additional Site Visits, 15% Discount on Non-Warranty Parts, FREE Neoti Module Repair (Restrictions Apply) - Three (3) Year Contract 4Neoti Power Supply OFE\] - Stored at Neoti - HD 6 Power Supply 4Neoti Receiving Cards OFE\] - Stored at Neoti - HD 6 LED Receiving Module Midtown Plaza: Neoti Video Wall Total 34,575.00 Brookshire GolfCourse 1AVI BLOCK 25 Block of Hours Service Plan - Includes 25 hours to be utilized as needed per service plan documents. Hours expire at the end of twelve (12) months unless an additional service plan is purchased. Brookshire Golf Course Total 3,375.00 PriceIncludes Accessories 2023 - CarmelAVMaintenance Plan ProjectNo :181762-904581/31/2023Rev.2 Page 13 of 20 Brookshire GolfCourse: Software Renewals 1Mersive SM-801-SPE 1 years extended Solstice Subscription to upgrades and support for Small Group Edition Enterprise Pod Gen3 license Brookshire Golf Course: Software Renewals Total 350.00 Brookshire GolfCourse: SparePartsList 1Crestron Electronics DM-NVX-350 OFE\] - DigitalMedia 4K60 4:4:4 HDR network audio/video encoder/decoder 1Crestron Electronics DM-NVX-351 OFE\] - DigitalMedia 4K60 4:4:4 HDR network audio/video encoder/decoder with downmixing Brookshire Golf Course: Spare Parts List Total 0.00 Project Subtotal:$80,638.00 Miscellaneous Items: 1City of Carmel PO 108278($6,000.00)($6,000.00) Credit for amount invoiced separately on City of Carmel PO 108278 Miscellaneous Items Total:($6,000.00) PriceIncludes Accessories 2023 - CarmelAVMaintenance Plan ProjectNo :181762-904581/31/2023Rev.2 Page 14 of 20 PROJECTSUMMARY TotalInstallation Price:$80,638.00 Misc. Items: 6,000.00) 74,638.00GrandTotal: 2023 - CarmelAVMaintenance Plan ProjectNo :181762-904581/31/2023Rev.2 Page 15 of 20 RESPONSIBILITIES & ASSUMPTIONS Customer Responsibilities AVI can supply necessary drawings, details and services for certain items that are better handled by the Contracting Party, Purchaser or others. Unless specifically included in our proposal the costs for these servicesare notincluded in this proposal and are the responsibility ofthe customer. Supply and installation of all 120V wiring for AV requirements. Supply and installation of any junction boxes, wall boxes, surface mount raceway, conduits and floor boxes needed for AV wiring connectivity. Supply and installation of all necessary wall backing or structure for LCD displays, speakers, recessed screens, etc. as required by our project manager. All necessary permits and fees to conform to state and city building codes. Telephone and data network for audio, video, or control equipment. This includes configuration of your VoIP system towork with our audio conferencing equipment. Supply and installation of phone ordata, related to connection ofvideo teleconferencing system to network. Configuration of your network to work with the AV system. Network should be inplace and tested one week prior to equipment installation. Loading of software of any kind on computer(s). Products that include software will be provided to the customer for installation on their equipment. Training on software is not included unless specifically shown in our proposal. All labor is priced as non-union. Installation of custom rear projection screens, associated millwork or wall construction. Installation of recessed projection screens in plaster, drywall or hard ceilings Any rework of ceiling tiles and grid due to the installation of above ceiling equipment. Any modifications to millwork or installation required for installation of audio visual equipment. This includes modifications to provide adequate airflow. Modifications to millwork or furniture, unless otherwise noted in the quotation. HVAC to provide properly cooling for the AV equipment. Any required asbestos abatement. AVI Systems Page 16 of 20 RESPONSIBILITIES & ASSUMPTIONS Assumptions Room Availability - Room(s) in which installation is to be done will be made available for AVI Systems' exclusive use on the day(s) of the scheduled installation. Installations will be scheduled Monday - Friday excluding holidays) between the hours of 7:00AM - 6:00PM. Parking - The customer will provide adequate parking for AVI Systems' vehicle(s) in a location conducive toour access to the vehicle(s) for retrieval of tools and supplies throughout the workday. If such parking iswithin a secured facility, the customer will validate the parking ticket for AVI Systems' vehicle(s). Merchandise Storage - Once new merchandise sold and provided by AVI Systems for this installation has been delivered to the job site and signed for by a representative of the customer. The customer will assume responsibility for the secure storage of such merchandise until the completion ofthe installation. Existing Equipment – If this project entails installation and/or re-use ofany existing equipment owned by the customer, the customer shall, at AVI Systems request, provide us with any documentation which may be required in order to properly install and/orintegrate the equipment into the new system. AVI is not responsible for the functionality of this equipment and if found to not be working and required for system functionality must be replaced at the customer expense. AVI Systems Page 17 of 20 PAYMENTTERMS & SCHEDULE Payment BreakdownAmountDue Date TOTAL$74,638.00 Systems where installation and completion of the project will extend over a period greater than 30 days from date of order will be subject to monthly progressive billing. In such cases, AVI will invoice for services performed and equipment received and assigned to the project. Progressive invoices will be due and payable according toour normal credit terms. AVI Systems Page 18 of 20 PAYMENTTERMS & SCHEDULE ACKNOWLEDGEMENT As the authorized representative of the Customer, I acknowledge that I have read the attached scope of work and fully understand what is being proposed. I also acknowledge that I have read the customer responsibilities section, assumptions and general terms and conditions. By accepting our proposal whether by purchase order or signed contract I accept the Payment Terms and Conditions shown above. Iunderstand that the Total shown on the Payment Terms and Schedule may not include any applicable sales tax and that applicable tax will be added to our invoice if required. Iunderstand that the warranty for labor on installed equipment is covered fora period of ninety (90) days. On some proposals we may offer anOptional Managed Services Agreement. If offered it will be shown as MANAGED SERVICES AGREEMENT" on our proposal as an OPTION. If you choose toaccept that option please initial the Optional Managed Services Agreement document at the end of our proposal. If a "MANAGED SERVICE AGREEMENT" is offered and accepted the cost for that agreement will be added to the amount shown above in the Payment Terms and Schedule. Please read the Optional Managed Services Agreement for details. Iunderstand that without this agreement AVI will charge the customer for labor to remove and replace any equipment covered under the manufacturer’swarranty after ninety (90) days from the date ofsubstantial completion. Substantial Completion is the stage in the progress of the work when the customer begins utilizing the system for its intended use. AVI SystemsCity of Carmel Signed:Signed: Name:Rick Streb Name: Title:Account Manager Title: Date:Date: Phone:(800) 742-5036 Phone: Fax:(812) 376-3557 Fax: All change orders will be invoiced at time of change AVI Systems Page 19 of 20 PAYMENTTERMS & SCHEDULE AVI Systems Page 20 of 20 CzTfshfzHsfdivlijobu23;2:qn-Gfc19-3134 Certified Engineering, Inc. Engineering Department - 2023 Appropriation # 2200 0 44-628.71 2020 Road Bond Fund; P.O.#108498 Contract Not To Exceed $129,330.00 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 Twenty Nine Thousand Three Hundred Thirty Dollars ($129,330.00) (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. S:\\Contracts\\Departments\\ENG\\2023\\Certified Engineering, Inc. Professional Services.docx:2/7/2023 2:15 PM\] 2 Certified Engineering, Inc. Engineering Department - 2023 Appropriation # 2200 0 44-628.71 2020 Road Bond Fund; P.O.#108498 Contract Not To Exceed $129,330.00 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, 2023, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 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. S:\\Contracts\\Departments\\ENG\\2023\\Certified Engineering, Inc. Professional Services.docx:2/7/2023 2:15 PM\] 3 Certified Engineering, Inc. Engineering Department - 2023 Appropriation # 2200 0 44-628.71 2020 Road Bond Fund; P.O.#108498 Contract Not To Exceed $129,330.00 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. Excess/Umbrella Liability $2,000,000 (each occurrence S:\\Contracts\\Departments\\ENG\\2023\\Certified Engineering, Inc. Professional Services.docx:2/7/2023 2:15 PM\] 4 Certified Engineering, Inc. Engineering Department - 2023 Appropriation # 2200 0 44-628.71 2020 Road Bond Fund; P.O.#108498 Contract Not To Exceed $129,330.00 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. S:\\Contracts\\Departments\\ENG\\2023\\Certified Engineering, Inc. Professional Services.docx:2/7/2023 2:15 PM\] 5 Certified Engineering, Inc. Engineering Department - 2023 Appropriation # 2200 0 44-628.71 2020 Road Bond Fund; P.O.#108498 Contract Not To Exceed $129,330.00 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. S:\\Contracts\\Departments\\ENG\\2023\\Certified Engineering, Inc. Professional Services.docx:2/7/2023 2:15 PM\] 6 Certified Engineering, Inc. Engineering Department - 2023 Appropriation # 2200 0 44-628.71 2020 Road Bond Fund; P.O.#108498 Contract Not To Exceed $129,330.00 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 S:\\Contracts\\Departments\\ENG\\2023\\Certified Engineering, Inc. Professional Services.docx:2/7/2023 2:15 PM\] 7 Certified Engineering, Inc. Engineering Department - 2023 Appropriation # 2200 0 44-628.71 2020 Road Bond Fund; P.O.#108498 Contract Not To Exceed $129,330.00 PROFESSIONAL: Certified Engineering, Inc. 3939 Millersville Road Indianapolis, Indiana 46205 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date (“Effective Date”) of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder 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. S:\\Contracts\\Departments\\ENG\\2023\\Certified Engineering, Inc. Professional Services.docx:2/7/2023 2:15 PM\] 8 Certified Engineering, Inc. Engineering Department - 2023 Appropriation # 2200 0 44-628.71 2020 Road Bond Fund; P.O.#108498 Contract Not To Exceed $129,330.00 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. S:\\Contracts\\Departments\\ENG\\2023\\Certified Engineering, Inc. Professional Services.docx:2/7/2023 2:15 PM\] 9 Certified Engineering, Inc. Engineering Department - 2023 Appropriation # 2200 0 44-628.71 2020 Road Bond Fund; P.O.#108498 Contract Not To Exceed $129,330.00 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. S:\\Contracts\\Departments\\ENG\\2023\\Certified Engineering, Inc. Professional Services.docx:2/7/2023 2:15 PM\] 10 Exhibit A EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing 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 f //(( } f Ca eyn e I' CityCarme INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120165 002 0 Page 1 of 1 PURCHASE ORDER NUMBER JL Q\/ V ll FEDERAL EXCISE TAX EXEMPT 108498 ONE CIVIC SQUARE 36.6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 2/ 2/2023 377024 20-ENG-04- RIW Engineering Services CERTIFIED ENGINEERING INC City Engineering's Office VENDOR 3939 MILLERSVILLE ROAD SHIP 1 Civic Square TO Carmel, IN 46032- INDIANAPLIS, IN 46205 - Laurie Slick PURCHASEID BLANKET CONTRACT PAYMENTTERMS FREIGHT 73869 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund: 0 2020 Road Bond Account 44-628.71 1 Each 20-ENG-04 - R/W Engineering Services Send Invoice To: Jill Newport CrossRoad Engineers, PC 115 N. 1711 Avenue Beech Grove, IN 46107 N( OFQA PLEASE INVOICE IN DUPLICATE 129, 330.00 $129,330.00 Sub Total $129,330.00 DEPARTMENT I ACCOUNT I PROJECT I PROJECTACCOUNT I AMOUNT PAYMENT $ 129,330.00 SHIPPING INSTRUCTIONS AIP 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 SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C. 0 D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY James Crider Director of Administration Jeremy Kashman TITLE Director CONTROL NO. 108498 CONTROLLER CzTfshfzHsfdivlijobu:;51bn-Gfc13-3134 Exhibit A CzTfshfzHsfdivlijobu2;55qn-Kbo37-3134 CarmelFireDepartmentFORPREPAREDCarmel, IN46032 2CivicSquare, GaryCarterATTN: Exhibit A ESTIMATE / QUOTE Date: 1-20-2023 11171 GearWashRepresentative: BrianMarenco 9/22/2021620ShilohSpringsRd 10/22/2021Dayton, OH45415 Phone: 937-221-8922 PROPOSAL ITEMS Description QTY Price Amount AdvancedCleaning – Coat & Pant $6,680.00167 $40 AdvancedInspection – Coat & Pant (Hydrostatictestingofthemoisturebarrier) $6,680.00167 $40 Repairs TBDTBD RouteDelivery & Pickup – Included - Subtotal $13,360.00 TERMS & CONDITIONS This is an ESTIMATE Final billing may vary from the estimated amount listed above. If the item(s) shipped to Gear Wash require cleaning, have installed options, are of nonstandard construction or require additional work due to poor condition or complexity, then additional charges will apply. All pricing is subject to change without notice. Pricing listed excludes any applicable federal, state, or local taxes. If this estimate is related to a shipment you are sending, please print this document and include it with the box. IMPORTANT NOTICE: Gear Wash PPE Cleaning & Repair Policy (effective January 2003) The following policy has been established for the safety of our employees: Gear Wash assumes that all gear shipped to Gear Wash HAS NOT been cleaned unless the customer provides documentation on Gear Wash service forms or the customer's own forms indicating that the item(s) have been properly cleaned. Customer cleaned items SHALL NOT be worn between washing and shipping to Gear Wash. Items that have been worn after being washed, in our sole determination, will be cleaned by Gear Wash and billed at our then current Level 1 cleaning fee. If unprotected dirty items are dropped off or shipped in the same box as clean items, then ALL items in the bundle or box will be cleaned. Gear Wash reserves the right to perform a Soil Transfer Test (STT) on any items cleaned by the customer to determine if the item meets Gear Wash's cleaning and safety standards before being handled by our repair specialists. Items that fail the transfer test will be cleaned and billed at our then current Level 1 cleaning fee. Gear Wash will not perform Advanced Inspection services or prepare estimates on items that are not clean. Gear Wash employees are authorized to re-submit customer cleaned items to our Wash Bay to be processed if it is determined that the item(s) is not safe for handling. EXHIBIT A SERVICES INCLUDED: The following services are included in the pricing for this Agreement: Annual Advanced Cleaning Annual Advanced Inspection Annual Basic Repair Warranty Repair Processing Scheduled Route Pickup and Delivery included with ten (10) sets per pickup Price escalation of up to 3% per year. SERVICE EXCLUSIONS: The following services are excluded in the pricing for this Agreement: Special Situation Decontamination Cleaning Advanced Cleaning of other Turnout Ensemble items, accessories and optional Items not listed in the pricing. Class 1,2 and 3 Harness, Belt and other Optional ensemble items cleaning, inspection, and repair. Damaged to fabrics from optional items, e.g., harness, belt, and tools. Alterations and customization OEM Replacement parts, components, and options. Repair of Non-Standard Multi Compartment Bellow Pockets Replacement of manufacture specific components and parts. Biological & heavy contaminate decontamination cleaning. CBRN or other damage beyond the design limits of the garment. Catastrophic damage due to an event that makes the garment unsafe. Damage due to use other than firefighting related work 1/23/2023 GEAR WASH MEDINA, OH 44256 - 108453 780 SOUTH PROGRESS DR 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 1851 Annual Inspection Carmel Fire Department 10701 N. College Avenue, Ste A Carmel, IN 46280- 369217 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 73577 1120Department:101Fund:General Fund 43-506.00Account: Advanced Cleaning/Inspection/Repair of Turn OutGear167 $80.00 $13,360.00Each 13,360.00SubTotal 13,360.00 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. 108453 ORDERED BY TITLE CONTROLLER Carmel Fire Department 2 Civic Square Carmel, IN 46032- Denise Snyder Accreditation/Budget Administrator CzTfshfzHsfdivlijobu3;41qn-Kbo42-3134 Exhibit A 1/19/2023 Page 1 of 1 LANDSCAPE MAINTENANCE SERVICES LANDSCAPE MAINTENANCE SERVICE AGREEMENT CARMEL STREET DEPARTMENTCONTRACTLOCATIONCUSTOMER CARMLSD CARMEL STREET DEPARTMENTCARMEL STREET DEPARTMENT 3400 W. 131ST STREET 3400 W. 131ST STREET CARMEL, IN 46074CARMEL, IN 46074 NOTES: TaxTotal RIGHT OF WAY MOWING AND LANDSCAPE MAINTENANCE $ 1,414,888.04 0.001,414,888.04 OUT OF RIGHT OF WAY MOWING AND LANDSCAPE MAINTENANCE $ 92,845.89 0.0092,845.89 1,507,733.93JobTaxable - NONonTaxable Sales 0.00TaxableSales 0.00TaxAmount 1,507,733.93ContractAmount $ Conditions: All material is guaranteed to be as specified. All work is to be completed in a professional manner according to standard practices. All agreements installations, maintenance, or other products or services, the need for which is caused by an Act of God or force majeure. Purchaser agrees not to employ any Mainscape employees for the duration of this agreement and for a period of twelve (12) months after agreement expiration, unless otherwise specified in writing automobile liability. Certificates of insurance are available upon request Terms: Net due upon receipt, subject to a 2% per month penalty fee on past due accounts, with costs incurred in collection of this agreement, including Acceptance of Proposal: The above prices, specifications, method of payment, conditions and terms of payment are satisfactory and hereby accepted. Mainscape, Inc. is authorized to do the work as specified. Purchaser agrees to pay the balance plus a penalty of 1/3 of the total contract price if the contract is cancelled for any reason. Mainscape may cancel this contract at any time upon giving a 30 day notice or upon customer default of payment terms. Purchaser's Signature _____________________________________________ Title _________________________________ Date ____________________ Contractor's Signature _____________________________________________ Title _________________________________ Date ____________________ Pleasecheckthefollowing information andmakeanynecessary corrections. ThankYou! Service LocationBilling Address CARMEL STREET DEPARTMENTCARMEL STREET DEPARTMENT 3400 W. 131ST STREET 3400 W. 131ST STREET CARMEL, IN 46074CARMEL, IN 46074 2023 Total Landscaping Maintenance In Right-of-Way LOCATIONSQ. FOOTAGEPrice ndrd 1,050$ 934.832StSW- 3AVE SW toMonon Blvd rd 3,560$ 3,169.523AveSW & City Center Dr rd 6,117$ 5,446.063Ave & City Center Dr* th 500$ 445.164Ave & Main St Roundabout* th 3,280$ 2,920.2396St & Commerce DrRoundabout* th 2,827$ 2,516.9296St & Ditch Rd Roundabout* th 2,606$ 2,320.1696St & Shelborne RdRoundabout* th 14,690$ 13,078.7396St & Towne RdRoundabout* th 2,890$ 2,573.0196St & Spring Mill RdRoundabout* th 9,723$ 8,656.5496St & Westfield Blvd Roundabout* rd 4,298$ 3,826.58103St & Pennsylvania StRoundabout th 2,448$ 2,179.49106 th 4,298$ 3,826.58106St & Gray RdRoundabout* th 6,271$ 5,583.17106St & Illinois StRoundabout* th 16,875$ 15,024.07106St & Keystone Pkwy Roundabout* th 4,069$ 3,622.69106St & Pennsylvania StRoundabout th 6,926$ 6,166.32106St & Shelborne RdRoundabout* th 2,921$ 2,600.61106St & Spring Mill RdRoundabout* th 5,212$ 4,640.32106St & Spring Mill Rd- NE & NW Corners th 5,070$ 4,513.90106St & Towne RdRoundabout* th 3,400$ 3,027.07111St & Illinois St Roundabout* th 5,700$ 5,074.80111St & Pennsylvania StRoundabout* th 871$ 775.46111St & Spring Mill RdRoundabout th 3,207$ 2,855.24116St & Clay Center RdRoundabout* th 1,196$ 1,064.82116St & Ditch Rd. Roundabout/Hillside* th 34,020$ 30,288.53116St & Gray RdRoundabout* th 5,429$ 4,833.52116St & Hazel Dell Pkwy Roundabout* th 2,636$ 2,346.87116St & Illinois StRoundabout* th 24,163$ 21,512.69116St & Keystone Pkwy Roundabout* th 11,748$ 10,459.43116St & Shelborne Rd Roundabout* th 2,039$ 1,815.35116St & Spring Mill RdRoundabout* st 4,453$ 3,964.57121St & Shelborne RdRoundabout* th 1,009$ 898.33126St & Gray RdRoundabout* th 7,847$ 6,986.31126St & Hazel Dell Pkwy Roundabout* th 3,214$ 2,861.47126St & Illinois StRoundabout* th 17,219$ 15,330.34126St & Keystone Pkwy Roundabout* th 4,453$ 3,964.57126St & Shelborne RdRoundabout* th 2,945$ 2,621.98126St & Towne RdRoundabout* st131St & Shelborne RdRoundabout*(Includes 15tree rings onNW corner, Nofsidewalk heading E, 7,725$ 6,877.69landscapebedsonWsideofblackfenceborderingShelborneRdheadingN, & landscape beds at NWcorner ofblack fence) th 4,900$ 4,362.55136St & Ditch RdRoundabout* th 5,979$ 5,323.20136St & Gray RdRoundabout* th 8,875$ 7,901.55136St & Keystone Pkwy Roundabout* th 5,144$ 4,579.78136St & Oak Ridge Rd/ Illinois StRoundabout* th 8,410.81136St & Rohrer Rd/ Eglin Dr 9,447includes19treerings)$ - th 694$ 617.88136St (Smokey Row) & Rangeline Rd Roundabout* th 6,877$ 6,122.70136St & Spring Mill RdRoundabout* th 5,026$ 4,474.73136St & Towne Rd Roundabout* st 4,623$ 4,115.93141St & Ditch RdRoundabout* st 4,130$ 3,677.00141St & Spring Mill RdRoundabout* st 3,124$ 2,781.35141St & Towne RdRoundabout* Carmel Dr & CityCenter DrRoundabout*2,307$ 2,053.96 Carmel Dr & Keystone Pkwy Roundabout*15,782$ 14,050.96 City Center Dr & Kinzer Ave4,387$ 3,905.81 City Center Landscape Beds (SW Corner Area ofCity Center & Rangeline)*2,400$ 2,136.76 City Center Monon Hillside Steps*2,435$ 2,167.92 st 390$ 347.22AveNW 462$ 411.33 Downtown Sidewalk Planters (From 216 W. Main to 424 W. Main with shrubs)357$ 317.84 rd 4,568$ 4,066.96ElmSt- 3Ave SW toMonon Blvd Elm & Rangeline120$ 106.84 750$ 667.74 Guilford Rd & Carmel DrRoundabout*2,880$ 2,564.11 Guilford Rd & City Center DrRoundabout*5,738$ 5,108.63 Hawthorne DrW & Carey RdRoundabout*9,602$ 8,548.81 Hazel Dell Pkwy & Cherry Creek Blvd Roundabout*1,660$ 1,477.92 th 1,800$ 1,602.57HillsidePlantingsat136andKeystonePkwy (NE Corner) thth 1,080$ 961.54KeystonePkwy- Corner TreeRings- at106St (10), Main St (52), 136 St (10) 72tree rings Keystone Pkwy Entrance and Exit Ramps 24,477$ 21,792.25 th 5,760$ 5,128.22St Main St & ClayCenter Rd Roundabout*4,822$ 4,293.10 Main St & Ditch Rd Roundabout*4,522$ 4,026.01 Main St & Gray RdRoundabout*5,300$ 4,718.67 Main St & Hazel Dell Pkwy Roundabout*3,896$ 3,468.67 Main St & Illinois StRoundabout*4,718$ 4,200.51 Main St & Keystone Pkwy Roundabout*16,589$ 14,769.44 Main St & Spring Mill RdRoundabout*4,904$ 4,366.11 Main St & Towne RdRoundabout*2,993$ 2,664.71 th 1,340$ 1,193.02St, EofHazel Dell- (near 5829 E116th St) th 40,088$ 35,690.97 th 7,440$ 6,623.95 th 7,674$ 6,832.28StfromShelborneRd. toTowne Rd stth 2,063$ 1,836.72St. to146 St 6,110$ 5,439.83include32treeringsonNandSsideofDorset) 21,776$ 19,387.51 thth 7,780$ 6,926.65to126St 3,626$ 3,228.281,650 ofthis isrock mulch btwn Illinois & Spring Mill) 7,915$ 7,046.85 thrd 13,989$ 12,454.62SttoSouthof103St 14,437$ 12,853.48 thth 31,219$ 27,794.76Stto106St stth 2,475$ 2,203.53Stto146St 607$ 540.42 thth 45,182$ 40,226.23Stto146St st 910$ 810.19MetallicModernSculptureArea (1Ave SW) Nash Building- E side1,040$ 925.93 Oak Ridge Rd & Adios Pass Roundabout*4,305$ 3,832.81 Oak Ridge Rd & Bennett RdRoundabout*4,564$ 4,063.40 Old Meridian St & Guilford Ave Roundabout*4,711$ 4,194.28 Old Meridian & Pennsylvania659$ 586.72 Olivia Building (fromstreet tobuilding along Main St & Old Meridian)*11,626$ 10,350.81 rd 2,379$ 2,118.06AveSignBeds (includes raised beds, trees, sidewalk)* Pennsylvania St & City Center DrRoundabout*5,614$ 4,998.23 th 1,768$ 1,574.08RangelineRd- Nof136 St- Medians River Rd & Cherry Creek Blvd7,952$ 7,079.79 rd 18,437$ 16,414.75Ave R.O.W. Wall Bed- Illinois St - Wall Bed near Ritz Charles3,880$ 3,454.42 Smokey Row Rd & Carey RdRoundabout*25,917$ 23,074.31 Spring Mill Rd & Dorset Blvd Roundabout*491$ 437.14 Spring Mill Rd & Illinois St Roundabout*4,046$ 3,602.22 th 8,803$ 7,837.45SpringmillRd- S of111 on Eside ofroad near fence to106th Changestothe2022ContractforLandscaping/ MowingAreas 2,370$ 1,164.66111thSt & CollegeRoundabout- landscapingandgrass 5,400$ 2,653.67OldMeridian & CarmelDriveRoundabout- thissqftisturfchangedtolandscape 5,400$ 2,653.67OldMeridian & GrandBlvdRoundabout- thissqftisturfchangedtolandscape 5,400$ 2,653.67OldMeridian & MainStRoundabout- thissqftisturfchangedtolandscape 5,400$ 2,653.67OldMeridian & PennsylvaniaRoundabout- thissqftisturfchanged tolandscape 2,100$ 1,031.98LowesWayRoundaboutatLowes- thissqftisturfchangedtolandscape 2,500$ 1,228.55116th & TowneRdRoundabout- thissqftisturfchangedtolandscape 2,100$ 1,031.98Pennsylvania & MainSt- thissqftisturfchangedtolandscape 2,600$ 1,377.69CarmelDr & Pennsylvania- thissqftisturfchangedtolandscape 1,800$ 925.08116th & Pennsylvania- thissqftisturfchangedtolandscape 3,100$ 1,625.40GrandBlvd & MainSt- thissqftisturfchangedtolandscape 38,170 TOTAL839,586$ 679,529.70 48520$ 19,000.00 2023 Total Landscaping Maintenance Out of Right-of-Way LOCATIONSQ. FOOTAGE Carmel Symphony & Repertory Theatre1,055$ 939.28 747$ 665.07 CityCenter & Rangeline (NWCorner Tree Bed)3,236$ 2,881.06 City Hall- Total Square Footage. This will include:*Old Spaghetti Factory Lot (918 S Rangeline Rd), Carmel Fire Dept & NParking Lot , Carmel Police Dept & NParking Lot, Civic Square Fountain 46,000$ 40,954.51Beds & all4corner beds, CityHall NLawn Beds & Gazebo, City HallBeds Surrounding Building, City Hall SParking Lot Beds, Japanese Garden Beds, Upper Parking Lot/Overflow Parking Beds First Ride Sculpture Beds (Main St. and Monon Trail)780$ 694.45 Indiana Design Center (Rangeline Rd.)4,150$ 3,694.81 Old Town Shops (Southeast Parking Lot Area)3,900$ 3,472.23 2,986$ 2,658.48 3,011$ 2,680.74 9,371$ 8,343.15The32treesattheGreenaremulchedwithnon-dyed cedar mulch, not black-dyed hardwood like allother landscape areas) 12,766$ 11,365.77 500$ 445.16 11,500$ 10,238.63rdonWsideofMezzalong3AveandalltreesonSsideofMezzandSofsidewalk)* TOTAL100,002$ 89,033.33 2023 Total Mowing In Right-of-Way LocationSq FtAcresPrice per mowExtended price 603 Carson Ct & 618 Johnson Dr- Side Ditches5,6630.13$ 8.90 $ 249.07 th 31,1820.72$ 48.98 $ 1,371.422711E96St 12000 Shelborne Rd26,2830.60$ 41.28$ 1,155.96 407 Smokey Row Rd4,9830.11$ 7.83 $ 219.16 th 19,1620.44$ 30.10 $ 842.775840 & 6020 E. 116 St 702 Adams Corner Lot19,6890.45$ 30.93 $ 865.95 805 Oswego Rd6,1880.14$ 9.72 $ 272.16 12999 Pennsylvania St3630.01$ 0.57 $ 15.97 rd 6,6050.15$ 10.37 $ 290.503Ave & City Center Dr- Roundabout and divider islands rd 8000.02$ 1.26 $ 35.193AvenearTarkingtonGarage- Median 4th St & S Rangeline Rd Roundabout16,5660.38$ 26.02 $ 728.59 th 9,9460.23$ 15.62 $ 437.4496St. and Commerce Dr.*- Roundabout, median, divider islands, and R.O.W. turf th 16,7800.39$ 26.36 $ 738.0196andDitchRd.*- Roundabout turf- now with NW corner th 3,3040.08$ 5.19 $ 145.3196 th 97,7852.24$ 153.60 $ 4,300.7196 th 11,4910.26$ 18.05 $ 505.3996St & Hazel Dell Pkwy- Roundabout and divider islands th 14,0640.32$ 22.09 $ 618.5596St & Priority Way- Roundabout and divider islands 96th St and Delegates Row13,5520.31$ 21.29 $ 596.03 96th St and Gray Rd Roundabout14,3670.33$ 22.57 $ 631.88 96th St and Haverstick Rd20,1590.46$ 31.66 $ 886.62 th 4,8290.11$ 7.59 $ 212.3996StandSycamoreRd- East and West side th 38,8800.89$ 61.07 $ 1,709.9996 th 64,8041.49$ 101.79 $ 2,850.1696St. and Shelborne Rd.*- Roundabout, median, divider islands, and R.O.W. turf th 7,9300.18$ 12.46 $ 348.7796St. and Spring Mill Rd. *- Includes Turf at Roundabout and Divider Islands th 75,6371.74$ 118.81 $ 3,326.6196St. and Towne Rd.*- Includes Turf at Roundabout and Divider Islands th 18,4080.42$ 28.91 $ 809.6196St. Medians- East and West of Gray Rd. th 5,9000.14$ 9.27 $ 259.4998StatKeystone- Islands thth99St. and Commerce Dr. (including Commerce Dr. to 96 St.) 20,1200.46$ 31.60 $ 884.90Roundabout, median, divider islands, and R.O.W. turf th 5,1520.12$ 8.09 $ 226.59106Pl & Lexington Ln th 82,6811.90$ 129.87 $ 3,636.42106 th 3,0660.07$ 4.82 $ 134.85106St & College Ave- Medians and NE corner near car lot th 5,4300.12$ 8.53 $ 238.82106St & Crooked Stick Dr th 5,1600.12$ 8.11 $ 226.94106St & Gray Rd*- West side by walking path th 4360.01$ 0.68 $ 19.18106St & Holiday Dr- handrail- 65' Straight spray th 3,1890.07$ 5.01 $ 140.26106St & Jordan Rd- N side th 3,4200.08$ 5.37 $ 150.42106St & Lakeshore Dr W- Ditch at Fire Station th 23,8010.55$ 37.39 $ 1,046.80106St & Shelborne Rd- N of Fire Station- W side of road to church 106th St & Towne Rd- Roundabout & Divider Islands & N Island64,4521.48$ 101.24 $ 2,834.68 th106St- ROW Property East of Westfield Blvd- 19,5230.45$ 30.67 $ 858.65Southside4sections th 22,4400.52$ 35.25 $ 986.94106St- West of Gray Rd-North side at hill th106St. and Ditch Rd.* 40,8210.94$ 64.12 $ 1,795.36Roundaboutturf, 4 divider islands, and R.O.W. Includes S.W. corner mulch beds with evergreens th106St. and Shelborne Rd. 20,8320.48$ 32.72 $ 916.22 Roundabout, median, divider islands, and R.O.W. turf th 29,5100.68$ 46.35 $ 1,297.89106St. and Spring Mill Rd. -Roundabout turf plus 4divider islands th 5,9710.14$ 9.38 $ 262.61111 & Echo Crest Dr W 111th St & College Ave- NW Side32,0520.74$ 50.35 $ 1,409.69 th111St & Illinois St* 14,4800.33$ 22.74 $ 636.85 Roundabout & Splitter Islands & SE corner 14,0640.32$ 22.09 $ 618.55111thSt & Lexington Dr Roundabout th 4,8170.11$ 7.57 $ 211.86111St & Spring Mill Rd- Divider islands th 21,6490.50$ 34.01 $ 952.15116 & Towne- NW corner ROW th 8300.02$ 1.30 $ 36.50116andRiverRd- Guardrail- NE corner th116and Shelborne Rd.* 241,2485.54$ 378.94 $ 10,610.40Roundabout, medians, divider islands, and R.O.W. turf th 18,6990.43$ 29.37 $ 822.41116St & College Ave Roundabout th 1,4760.03$ 2.32 $ 64.92116St & Eden Glen Dr- North East corner- Weed-eat 116th St & Gray Rd 73,6601.69$ 115.70 $ 3,239.66Roundabout, Lane Dividers & ROW Turf & N to Bridge th 33,3440.77$ 52.38 $ 1,466.51116St & Gray Rd- To the white church 116th St & Guilford Rd Roundabout31,4800.72$ 49.45 $ 1,384.53 th 15,0210.34$ 23.59 $ 660.64116St & Ruckle- North side at guardrail 116th St & Towne Rd Roundabout- Also- NW corner ROW45,4801.04$ 71.44 $ 2,000.27 th 1,3550.03$ 2.13 $ 59.59116St@RiverRd- the NW corner th 7,7700.18$ 12.20 $ 341.73116St- East of Hazel Dell- North side th 15,9730.37$ 25.09 $ 702.51116StfromHazelDelltoRiverRd- South side th 81,2221.86$ 127.58 $ 3,572.25116St & Towne Rd- SW corner th 2,0560.05$ 3.23 $ 90.43116St- W of Ditch Rd th 6680.02$ 1.05 $ 29.38116St- W of Gray- N side of guide wires th 8,8480.20$ 13.90 $ 389.15116St- W of Gray, S side at field th116 46,8941.08$ 73.66 $ 2,062.46R.O.W. and 9 Medians (297 Trees) Medians must be mowed with push mower* th 130,6803.00$ 205.27 $ 5,747.47116 th116St. and Clay Center Rd.* 18,2720.42$ 28.70 $ 803.63Roundabout, median, divider islands, and R.O.W. turf th 5,0240.12$ 7.89 $ 220.96116St. and Ditch Rd.*- Roundabout turf st 7,9950.18$ 12.56 $ 351.63121St. and Shelborne Rd.*- Roundabout nd 33,4400.77$ 52.53 $ 1,470.73122St & River Rd to Medalist Pkwy th 7,7550.18$ 12.18 $ 341.07126St. and Shelborne Rd.*- Roundabout th 21,6690.50$ 34.04 $ 953.03126St & Brookshire Pkwy th 37,7460.87$ 59.29 $ 1,660.12126St & Gray Rd th 7,2220.17$ 11.34 $ 317.63126St & High Dr- N.E. Corner th 37,8440.87$ 59.44 $ 1,664.43126St & River Rd- W to Lynnwood Blvd th 17,5340.40$ 27.54 $ 771.17126Statbridge & Golf course at Water plant th 2,3280.05$ 3.66 $ 102.39126St- E of Gray- N side th 119,7902.75$ 188.16 $ 5,268.52126St. Medians- Shelborne Rd. to Towne Rd. st131 251,7775.78$ 395.48 $ 11,073.47R.O.W. and Medians (579 Trees) st131St. and Shelborne Rd.* 180,9314.15$ 284.20 $ 7,957.58Roundabout, median, divider islands, and R.O.W. turf th136St. and Towne Rd.* 3,5730.08$ 5.61 $ 157.15 Roundabout turf plus 4 divider islands 136th St & Carey Rd*- Roundabout and All of ROW25,9160.59$ 40.71 $ 1,139.82 136th St & Gray Rd- Roundabout, Splitter Islands, & SW Corner20,9090.48$ 32.84 $ 919.60 th 3,9820.09$ 6.25 $ 175.13136St & Illinois St*- Weed-eat by handrail th 8,5330.20$ 13.40 $ 375.29136St- E of Towne Rd (4 spots)- Both sides of Abercorn St th136 372,2858.55$ 584.77 $ 16,373.57R.O.W. , Roundabout turf and Medians (407 Trees) th136St. (Smokey Row) and Range Line Rd.* 36,1500.83$ 56.78 $ 1,589.92 Roundabout, NW Corner, SW Corner st 7,8970.18$ 12.40 $ 347.32141St & Ivy Bridge Dr- South side to Buckhorn Dr Avian Way / Cherry Creek Blvd. and Hazel Dell Pkwy. 8,5850.20$ 13.48 $ 377.58Roundaboutturf, 4 divider islands, and R.O.W. th 1,6990.04$ 2.67 $ 74.72CareyRd- from 146 St to Hawthorne Dr- East side Carmel City Hall* 45,0001.03$ 70.68 $ 1,979.16NorthLawnofCityHalltobemowedtwiceperweek; Monday and Thursday* Carmel Dr & City Center*- Roundabout, Medians, & Splitter Islands14,8110.34$ 23.26 $ 651.41 Carmel Dr & Gradle Dr- Side ditch4,5500.10$ 7.15 $ 200.11 Carmel Dr & Guilford Rd*- Roundabout36,2940.83$ 57.01 $ 1,596.26 Carmel Dr & Old Meridian- Roundabout and divider islands20,6060.47$ 32.37 $ 906.28 Carmel Dr & Rangeline Rd- Roundabout & Splitter Islands11,3260.26$ 17.79 $ 498.13 Carmel Fire Station and North Parking Lot*32,0000.73$ 50.26 $ 1,407.40 Carmel Japanese Garden*30,0000.69$ 47.12 $ 1,319.44 Carmel Police Station*20,0000.46$ 31.42 $ 879.63 Cherry Tree Ave & Cherry Tree Rd- The ditch at the curve1,7180.04$ 2.70 $ 75.56 Chester Rd & Lakewood Dr3,3200.08$ 5.21 $ 146.02 City Center Dr & Guilford Rd Roundabout*23,5270.54$ 36.96 $ 1,034.75 City Center Dr & Pennsylvania St- Roundabout22,1530.51$ 34.80 $ 974.32 230,4325.29$ 361.95 $ 10,134.69MediansandR.O.W. (376 Trees) 13,6390.31$ 21.42 $ 599.86 Clay Center Rd- North of 116th St5,8380.13$ 9.17 $ 256.76 Clay Center Rd- South of Main St- Guardrails3,7460.09$ 5.88 $ 164.75 College Ave & I-465- Hills1,3200.03$ 2.07 $ 58.06 th 16,1170.37$ 25.32 $ 708.85StandPennsylvaniaPkwy- Medians and R.O.W. th 16,3800.38$ 25.73 $ 720.41CommerceDr- 99 St to Retail Pwky- East side 40,5110.93$ 63.63 $ 1,781.73IslandsandR.O.W. Ditch Rd- from 96th St to just S of 106th St44,3401.02$ 69.65 $ 1,950.13 stthto146St. 332,9757.64$ 523.02 $ 14,644.67Medians, R.O.W. and Roundabout Turf (120 Trees) Executive Dr & S Rangeline Rd Roundabout18,7620.43$ 29.47 $ 825.18 th 30,1800.69$ 47.41 $ 1,327.36FourpointsaroundCoolCreekBridgeon126St Grand Blvd- West end- North side6,9650.16$ 10.94 $ 306.33 25,1240.58$ 39.46 $ 1,104.992MediansandR.O.W. (57 Trees) Gray Rd at Main St- S almost to Wembley Rd- both sides75,5511.73$ 118.67 $ 3,322.83 Gray Rd- Eyebrows- North of Gray Rd on West side of Road22,8240.52$ 35.85 $ 1,003.83 thth 30,7700.71$ 48.33 $ 1,353.30GrayRd- from 116 St to 106 St- West side ththSt. to 106 St. Medians, R.O.W. and turf at 261,3606.00$ 410.53 $ 11,494.95 Roundabout at 106th St. (217 Trees) Guilford Rd- N of City Center- E side (sidewalk to curb)1,9740.05$ 3.10 $ 86.82 Guilford Rd- N of City CenterW side (just check)3,7300.09$ 5.86 $ 164.05 Guilford Rd- North of Main St- East side3,2000.07$ 5.03 $ 140.74 Guilford Rd, S of Main St8,2240.19$ 12.92 $ 361.70 Harrowgate to Maplecrest Dr- S side to bridge2,9800.07$ 4.68 $ 131.06 Hawthorne Dr & Smokey Row Rd52,7511.21$ 82.86 $ 2,320.06 Hawthorne Dr W & Carey Rd Roundabout*- Includes all ROW9,6020.22$ 15.08 $ 422.31 ththSt. to 146 St. 2,683,29661.60$ 4,214.81 $ 118,014.79IncludingRoundaboutLawn, Medians, R.O.W. (2000 Trees) th 10,3800.24$ 16.30 $ 456.53Illinois & 111 St- SE corner 3,9600.09$ 6.22 $ 174.171Median- (7 Trees) & W side ROW Illinois St & Springmill Turf (Near 465 Overpass) 53,9021.24$ 84.67 $ 2,370.68Roundabout & Splitter Islands & W ROW Area thIllinoisSt. - 106 St to Carmel Dr 962,12922.09$ 1,511.27 $ 42,315.66IncludesMedians, ROW, 623 Trees, Roundabouts thSt 221,1425.08$ 347.36 $ 9,726.11IncludesR.O.W. and Medians Keystone Ave- 96th St to 146th St 611,50814.04$ 960.53 $ 26,894.90SidesandMedians 34,1770.78$ 53.68 $ 1,503.15KeystonePkwyandRangeline- Lowe's Way Connector Lakefront Ct & Carmel Dr11,0860.25$ 17.41 $ 487.58 17,5960.40$ 27.64 $ 773.89 Main St & Brookshire Pkwy to Gray Rd- S side21,6690.50$ 34.04 $ 953.03 Main St & Gray Rd & Brookshire Pkwy- All of149,9273.44$ 235.50 $ 6,593.98 53,5611.23$ 84.13 $ 2,355.68MainSt & Gray Rd- Roundabout and NW corner heading North Main St & Hawthorne Dr- N & S side of road- E & W of Hawthorne Dr73,0941.68$ 114.81 $ 3,214.77 Main St & Maplecrest1,2320.03$ 1.94 $ 54.18 Main St & Sherman Dr- S.W. Corner- E and W27,6750.64$ 43.47 $ 1,217.18 Main St & York Dr1,0820.02$ 1.70 $ 47.59 Main St- E of Hazel Dell Pkwy- S side to Double Eagle Dr65,9751.51$ 103.63 $ 2,901.66 Main St- East of Gray Rd to woods- S side34,8480.80$ 54.74 $ 1,532.66 Main St & Guilford Rd Roundabout12,3130.28$ 19.34 $ 541.54 Main St- From Cool Creek W-to Log Cabin- N side2,6400.06$ 4.15 $ 116.11 Main St- Medians & Pennsylvania St Roundabout 108,7612.50$ 170.84 $ 4,783.45MediansbetweenOldMeridian & Pennsylvania St; Penn. RAB & sides Main St- S side by last bridge to RAB at River Rd79,0611.81$ 124.19 $ 3,477.20 Main St, btwn Cool Creek/ Red Oak- handrail every other time6420.01$ 1.01 $ 28.24 Main St.- Illinois St to Old Meridian St.205,6084.72$ 322.96 $ 9,042.90 Medical Dr @ Governor Sq Apts11,3880.26$ 17.89 $ 500.86 thth 20,7840.48$ 32.65 $ 914.11MichiganRd- 116 St to 96 St ththSt. to 146 St. 320,5437.36$ 503.50 $ 14,097.89IncludesRoundabouts, Medians, and R.O.W. (130 Trees) 68,2091.57$ 107.14 $ 2,999.92R.O.W., Medians, 4 Roundabouts Olivia Building*- Main St & Old Meridian St11,8510.27$ 18.62 $ 521.22 Palladium and The Green at City Center- All turf 102,0032.34$ 160.22 $ 4,486.22IncludingCityCenterLandscapeBedsNofCityCenterBuilding* The Green MUST be mowed Thursday of each week* th 20,8000.48$ 32.67 $ 914.81PawneeRd & 126 St Pennsylvania St & Carmel Dr Roundabout29,5270.68$ 46.38 $ 1,298.64 Pennsylvania St. Medians- Old Meridian to 103rd St.291,4166.69$ 457.74 $ 12,816.85 Pointe Pkwy.- Medians Only6,0980.14$ 9.58 $ 268.20 Rangeline and City Center Roundabout and ROW beds10,1950.23$ 16.01 $ 448.39 th 5,5500.13$ 8.72 $ 244.10SttoCircleDr 27,2570.63$ 42.81 $ 1,198.80 th 5,5500.13$ 8.72 $ 244.10RangelineRd- N of 136 St- medians adjusted due to new landscape beds rd 5,5760.13$ 8.76 $ 245.24StSWtoCreeksideDr- S of 116th St th 384,6358.83$ 604.17 $ 16,916.74StCommunityDr- Medians and ROW to Tall Timber Run ndth 51,1771.17$ 80.39 $ 2,250.83RiverRd- 122 St to 126 St Rohrer Rd- Across from Monon Parking Lot6,9170.16$ 10.86 $ 304.22 th 5,0400.12$ 7.92 $ 221.67RohrerRd- S of 146 St- E side Saddlebrook Addition- From Towne Rd to Ditch Rd91,3892.10$ 143.55 $ 4,019.41 Shelborne Rd- from South of 116th St to N of 96th St126,2852.90$ 198.36 $ 5,554.18 thSt 12,8850.30$ 20.24 $ 566.70Includes1Median- (154 Trees) Shelborne Rd. Medians- 126th St. Roundabout, S to Abney Point Dr.26,1360.60$ 41.05 $ 1,149.49 Smokey & Carey-Black handrail and guardrail1,3340.03$ 2.10 $ 58.67 Smokey & Gray Rd.- S of culvert2000.00$ 0.31 $ 8.80 st 9,2430.21$ 14.52 $ 406.52SmokeyRowBridge- E of 1 Ave NE Smokey- W of Gray Rd ditch N side6800.02$ 1.07 $ 29.91 Spring Mill Rd- 106th St to 146th St Includes Roundabouts, Medians, & ROW Trees (229 Trees) 1,632,61637.48$ 2,564.45 $ 71,804.54 Spring Mill Rd at 465-N & S of bridge to 96th St73,0501.68$ 114.74 $ 3,212.83 Spring Mill Rd. & Illinois St Roundabout*53,9021.24$ 84.67 $ 2,370.68 Spring Mill Rd. and Dorset*- Roundabout turf plus 4 divider islands5,5970.13$ 8.79 $ 246.16 thSt. to 146th St. 250,9705.76$ 394.21 $ 11,037.98IncludesMedians, R.O.W., and Divider Island (286 Trees) US- 31; 96th St to 146th St; Includes all roundabouts, side ROWs, medians2,232,18651.24$ 3,506.23 $ 98,174.40 ththSt. to 96 St. 411,8479.45$ 646.91 $ 18,113.56IncludesMedians, R.O.W., and Divider Islands (106 Trees) 1,5700.04$ 2.47 $ 69.05 8,5400.20$ 13.41 $ 333.60 TOTAL AREAS16,288,756373.94$ 25,585.73 $ 716,358.34 2023 Total Mowing Out of Right-of-Way LocationSq FtAcresPricePrice th 45,4901.04$ 71.45 $ 2,000.7196 & Westfield Blvd*- NE Corner Lot All Grassy Area Across from Silver Door Salon at City Center5450.01$ 0.86 $ 23.97 Indiana Design Building- 1st St SW & Rangeline Rd1,3760.03$ 2.16 $ 60.52 Old Meeting Hall2,7690.06$ 4.35 $ 121.78 Tarkington Building- South Side16,5060.37$ 25.93 $ 725.96 Veterans Memorial Lawn*- 3rd Ave across from the Palladium and Center Green20,0000.46$ 31.42 $ 879.63 TOTAL86,6862$ 136.16 $ 3,812.56 Changes tothe 2022 Contract for Landscaping/ Mowing Areas Sq FtAcres 850111thSt & College Roundabout- landscaping and grass 4,800116thSt & Westfield Blvd- Both sides near culvert pipe- grass only 4,800MainSt & Gray Rd- Brookshire Lakes toFire Station- Nside- grass only TOTAL10,450 1/26/2023 MAINSCAPE LANDSCAPING FISHERS,, IN 46038 - 108471 13418 BRITTON PARK ROAD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 00351837 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 73664 2201Department:2201Fund:Motor Vehicle Highway FND 43-504.00Account: Mowing / Landscaping1 $1,414,888.04 $1,414,888.04Each 1,414,888.04SubTotal 1,414,888.04 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. 108471 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham James Crider 317) 733-2001 Commissioner Director of Administration jj Cty ®f Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 0031201550020 Page 1 of 1 PURCHASE ORDER NUMBER ll //fj FEDERAL EXCISE TAX EXEMPT 104923 THIS NUMBER MUST APPEAR ON INVOICES, AJPONECIVICSQUARE35-6000972 CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 1/21/2021 00351837 MAINSCAPE LANDSCAPING Street Department VENDOR 13418 BRITTON PARK ROAD SHIP 3400 W. 131st Street TO Carmel, IN 46074- FISHERS„ IN 46038 - 317) 733-2001 PURCHASEID BLANKET CONTRACT PAYMENT TERMS FREIGHT 63366 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1206 Fund: 101 General Fund Account., 43-504.00 1 Each Mowing/Landscaping 3,563.14 $3,563.14 Sub Total $3,563.14 Account., 43-609.00 1 Each Mowing / Landscaping $48,856.72 Sub Total Send Invoice To: Street Department 3400 W. 131 st Street 110 1 .L 48.856.72 4,90,000. r A Carmel, IN 46074- + 317) 733-2001 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $52,419.86 SHIPPING INSTRUCTIONS AIP 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 SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN T.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Terry Killen James Crider TITLE Commissioner Director of Administration CONTROL NO. 104923 CONTROLLER City®f Carme INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT ONE CIVIC SQUARE 35-6000972 CARMEL, INDIANA 46032-2584 ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 Paae 1 of 1 PURCHASE ORDER NUMBER 108470 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 1/26/2023 00351837 MAINSCAPE LANDSCAPING VENDOR 13418 BRITTON PARK ROAD Street Department SHIP 3400 W. 131 st Street TO Carmel, IN 46074- FISHERS„ IN 46038 - (317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT 73663 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1206 Fund: 101 General Fund Account: 43-504.00 1 Each Mowing / Landscaping $67,980.00 $67,980.00 Sub Total $67,980.00 Send Invoice To: Street Department 3400 W. 131 st Street. Carmel, IN 46074-k 317) 733-2001 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $67,980.00 SHIPPING INSTRUCTIONS Alp 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 SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 X AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Lee Higginbotham James Crider TITLE Commissioner Director of Administration CONTROL NO. 108470 CONTROLLER CzTfshfzHsfdivlijobu21;34bn-Kbo41-3134 National Water Services, LLC Utilities Department - 2023 Appropriation # 01-6360-03 Fund; P.O.#W10140 Contract Not To Exceed $29,579.00 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 01-6360-03 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 Twenty Nine Thousand Five Hundred Seventy Nine Dollars ($29,579.00) (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. S:\\Contracts\\Departments\\Utilities\\National Water Services, LLC Professional Services.docx:1/19/2023 10:42 AM\] 2 National Water Services, LLC Utilities Department - 2023 Appropriation # 01-6360-03 Fund; P.O.#W10140 Contract Not To Exceed $29,579.00 SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth inSection 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2023, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise 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. S:\\Contracts\\Departments\\Utilities\\National Water Services, LLC Professional Services.docx:1/19/2023 10:42 AM\] 3 National Water Services, LLC Utilities Department - 2023 Appropriation # 01-6360-03 Fund; P.O.#W10140 Contract Not To Exceed $29,579.00 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. Excess/Umbrella Liability $2,000,000 (each occurrence S:\\Contracts\\Departments\\Utilities\\National Water Services, LLC Professional Services.docx:1/19/2023 10:42 AM\] 4 National Water Services, LLC Utilities Department - 2023 Appropriation # 01-6360-03 Fund; P.O.#W10140 Contract Not To Exceed $29,579.00 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. S:\\Contracts\\Departments\\Utilities\\National Water Services, LLC Professional Services.docx:1/19/2023 10:42 AM\] 5 National Water Services, LLC Utilities Department - 2023 Appropriation # 01-6360-03 Fund; P.O.#W10140 Contract Not To Exceed $29,579.00 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. S:\\Contracts\\Departments\\Utilities\\National Water Services, LLC Professional Services.docx:1/19/2023 10:42 AM\] 6 National Water Services, LLC Utilities Department - 2023 Appropriation # 01-6360-03 Fund; P.O.#W10140 Contract Not To Exceed $29,579.00 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 Utilities Department Office of Corporation Counsel nd30WMainSt, 2 Floor One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 S:\\Contracts\\Departments\\Utilities\\National Water Services, LLC Professional Services.docx:1/19/2023 10:42 AM\] 7 National Water Services, LLC Utilities Department - 2023 Appropriation # 01-6360-03 Fund; P.O.#W10140 Contract Not To Exceed $29,579.00 PROFESSIONAL: National Water Services, LLC PO Box 230 Paoli, Indiana 47454 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. S:\\Contracts\\Departments\\Utilities\\National Water Services, LLC Professional Services.docx:1/19/2023 10:42 AM\] 8 National Water Services, LLC Utilities Department - 2023 Appropriation # 01-6360-03 Fund; P.O.#W10140 Contract Not To Exceed $29,579.00 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. S:\\Contracts\\Departments\\Utilities\\National Water Services, LLC Professional Services.docx:1/19/2023 10:42 AM\] 9 National Water Services, LLC Utilities Department - 2023 Appropriation # 01-6360-03 Fund; P.O.#W10140 Contract Not To Exceed $29,579.00 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. S:\\Contracts\\Departments\\Utilities\\National Water Services, LLC Professional Services.docx:1/19/2023 10:42 AM\] 10 Exhibit A EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing 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 CzTfshfzHsfdivlijobu23;36qn-Kbo38-3134 CzTfshfzHsfdivlijobu:;63bn-Kbo41-3134 Preventative Maintenance Agreement For: Carmel Fire Department Station 41 1 Civic Square Carmel, IN 46032 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: January 16th, 2023, through January 15th, 2024 The agreement price is $3,200.00 for one year, to be paid $800.00 per quarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer's use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I I Exhibit A Clint Rempe Authorized Representative Service Account Manager Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced separately. Materials are billed at consumer list price plus 15%. Hourly Rate -7a.m. to 3:30p.m. Monday -Friday $ 95.00/hour Overtime Rate $ 120.00/hour Premium Hours Sundays and Holidays $ 150.00/hour Truck Charge $ 75.00 These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. Equipment Covered Includes Carmel Fire Department Station 41 10)Fan Coil Units 4)Pumps 4)Radiant Tube Heater 14)Mini split AHUs 3)Multi Split heat pumps All maintenance will be performed according to the manufacturer's recommendations. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 3 Terms and Conditions General 1.Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2.The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer's guidelines of operation 3.The customer will provide reasonable access to all areas and equipment. 4.All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5.Emergency repairs outside of normal working hours will be billed at overtime rates. 6.The customer will notify Sexson Mechanical Company of any defect in the system promptly when it becomes known to them. 7.If any emergency call is made at the customer's request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8.In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited to the recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9.Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page 14 10.Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. 11.Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12.Repair, replacement, and emergency service provisions apply only to the systems and equipment covered by this agreement. Repair or replacement of non-maintainable parts of the system(s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included in this agreement. 13.If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1.Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2.In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer's customers for such damages. 3.No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company by word or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 5 4.Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 6 Preventative Maintenance Agreement For: Carmel Fire Department Station 42 3610 W. 106th Street Carmel, IN 46032 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: January 16th, 2023, through January 15th, 2024 The agreement price is $1,472.00 for one year, to be paid $368.00 per quarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer's use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I I Clint Rempe Authorized Representative Service Account Manager Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced separately. Materials are billed at consumer list price plus 15%. Hourly Rate -7a.m. to 3:30p.m. Monday -Friday $ 95.00/hour Overtime Rate $ 120.00/hour Premium Hours Sundays and Holidays $ 150.00/hour Truck Charge $ 75.00 These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. Equipment Covered Includes Carmel Fire Department Station 42 4)Condensers 4)Air handlers 2)Tube Heaters All maintenance will be performed according to the manufacturer's recommendations. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 3 Terms and Conditions General 1.Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2.The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer's guidelines of operation 3.The customer will provide reasonable access to all areas and equipment. 4.All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5.Emergency repairs outside of normal working hours will be billed at overtime rates. 6.The customer will notify Sexson Mechanical Company of any defect in the system promptly when it becomes known to them. 7.If any emergency call is made at the customer's request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8.In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited to the recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9.Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. I 0. Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page 14 11.Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12.Repair, replacement, and emergency service provisions apply only to the systems and equipment covered by this agreement. Repair or replacement of non-maintainable parts of the system( s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included in this agreement. 13.If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1.Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2.In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer's customers for such damages. 3.No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company by word or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 5 4.Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 6 Preventative Maintenance Agreement For: Carmel Fire Department Station 43 3232 E. 106th Street Carmel, IN 46033 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: January 16th, 2023, through January 15th, 2024 The agreement price is $1,300.00 for one year, to be paid $325.00 per quarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer's use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I I Clint Rempe Authorized Representative Service Account Manager Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced separately. Materials are billed at consumer list price plus 15%. Hourly Rate -7a.m. to 3:30p.m. Monday -Friday $ 95.00/hour Overtime Rate $ 120.00/hour Premium Hours Sundays and Holidays $ 150.00/hour Truck Charge $ 75.00 These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. Equipment Covered Includes Carmel Fire Department Station 43 3)Condensers 3)Air handlers 2)Tube Heaters 1)Multi split system All maintenance will be performed according to the manufacturer's recommendations. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 3 Terms and Conditions General 1.Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2.The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer's guidelines of operation 3.The customer will provide reasonable access to all areas and equipment. 4.All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5.Emergency repairs outside of normal working hours will be billed at overtime rates. 6.The customer will notify Sexson Mechanical Company of any defect in the system promptly when it becomes known to them. 7.If any emergency call is made at the customer's request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8.In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited to the recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9.Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page 14 10.Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. 11.Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12.Repair, replacement, and emergency service provisions apply only to the systems and equipment covered by this agreement. Repair or replacement of non-maintainable parts of the system( s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included in this agreement. 13.If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1.Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2.In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer's customers for such damages. 3.No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company by word or action shall constitute a warranty. This warranty is expressly in lieu of Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 5 any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. 4.Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 6 Preventative Maintenance Agreement For: Carmel Fire Department Station 44 5032 E. Main Street Carmel, IN 46033 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: January 16th, 2023, through January 15th, 2024 The agreement price is $2,264.00 for one year, to be paid $566.00 per quarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer's use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I I Clint Rempe Authorized Representative Service Account Manager Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced separately. Materials are billed at consumer list price plus 15%. Hourly Rate -7a.m. to 3:30p.m. Monday -Friday $ 95.00/hour Overtime Rate $ 120.00/hour Premium Hours Sundays and Holidays $ 150.00/hour Truck Charge $ 75.00 These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. Equipment Covered Includes Carmel Fire Department Station 44 1)LG VRF system 2)Exhaust fans 3)Tube Heaters 1)Make-up air unit 1)Mini split system All maintenance will be performed according to the manufacturer's recommendations. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 3 Terms and Conditions General 1.Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2.The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer's guidelines of operation 3.The customer will provide reasonable access to all areas and equipment. 4.All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5.Emergency repairs outside of normal working hours will be billed at overtime rates. 6.The customer will notify Sexson Mechanical Company of any defect in the system promptly when it becomes known to them. 7.If any emergency call is made at the customer's request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8.In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited to the recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9.Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page 14 10.Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. 11.Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12.Repair, replacement, and emergency service provisions apply only to the systems and equipment covered by this agreement. Repair or replacement of non-maintainable parts of the system(s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included in this agreement. 13.If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1.Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2.In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer's customers for such damages. 3.No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company by word or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 5 4.Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 6 Preventative Maintenance Agreement For: Carmel Fire Department Station 46 540 W. 136th Street Carmel, IN 46032 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: January 16th, 2023, through January 15th, 2024 The agreement price is $1,760.00 for one year, to be paid $440.00 per quarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer's use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I I Clint Rempe Authorized Representative Service Account Manager Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced separately. Materials are billed at consumer list price plus 15%. Hourly Rate -7a.m. to 3:30p.m. Monday -Friday $ 95.00/hour Overtime Rate $ 120.00/hour Premium Hours Sundays and Holidays $ 150.00/hour Truck Charge $ 75.00 These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. Equipment Covered Includes Carmel Fire Department Station 46 4)Condensers 4)Air handlers 2)Tube Heaters All maintenance will be performed according to the manufacturer's recommendations. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 3 Terms and Conditions General 1.Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2.The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer's guidelines of operation 3.The customer will provide reasonable access to all areas and equipment. 4.All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5.Emergency repairs outside of normal working hours will be billed at overtime rates. 6.The customer will notify Sexson Mechanical Company of any defect in the system promptly when it becomes known to them. 7.If any emergency call is made at the customer's request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8.In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited to the recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9.Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. I 0. Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page 14 11.Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12.Repair, replacement, and emergency service provisions apply only to the systems and equipment covered by this agreement. Repair or replacement of non-maintainable parts of the system( s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included in this agreement. 13.If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1.Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2.In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer's customers for such damages. 3.No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company by word or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 5 4.Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 6 Preventative Maintenance Agreement For: Carmel Fire Department Training Center 4925 E. 106th Street Carmel, IN 46033 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: January 16th , 2023, through January 15th, 2024 The agreement price is $1,252.00 for one year, to be paid $313.00 per quarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer's use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I I Clint Rempe Authorized Representative Service Account Manager Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced separately. Materials are billed at consumer list price plus 15%. Hourly Rate -7a.m. to 3:30p.m. Monday -Friday $ 95.00/hour Overtime Rate $ 120.00/hour Premium Hours Sundays and Holidays $ 150.00/hour Truck Charge $ 75.00 These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. Equipment Covered Includes Carmel Fire Department Training Center 3}Condensing Units 3}Air Handlers 2)Unit Heaters All maintenance will be performed according to the manufacturer's recommendations. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 3 Terms and Conditions General 1.Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2.The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer's guidelines of operation 3.The customer will provide reasonable access to all areas and equipment. 4.All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5.Emergency repairs outside of normal working hours will be billed at overtime rates. 6.The customer will notify Sexson Mechanical Company of any defect in the system promptly when it becomes known to them. 7.If any emergency call is made at the customer's request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8.In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited to the recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9.Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. I 0. Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page 14 11.Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12.Repair, replacement, and emergency service provisions apply only to the systems and equipment covered by this agreement. Repair or replacement of non-maintainable parts of the system( s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included in this agreement. 13.If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1.Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2.In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer's customers for such damages. 3.No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company by word or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 5 4.Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Co1mnerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page I 6 Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel FEDERAL EXCISE TAXEXEMPT 108438 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION HVAC PM1/19/2023374136 SEXSON MECHANICAL CORP Carmel Fire Department VENDORSHIP1001COMMERCEPKWYSDR 10701 N. College Avenue, Ste A TOSUITEA Carmel, IN 46280- GREENWOOD, IN 46143 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 73467 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1120101General Fund Account: 43-501.00 1EachHVAC PM - Station 346$1,760.00$1,760.00 Each1HVAC PM's - CTC$1,252.00$1,252.00 1EachHVAC PM's - Station 341$3,200.00$3,200.00 1EachHVAC PM's - Station 342$1,472.00$1,472.00 1EachHVAC PM's - Station 343$1,300.00$1,300.00 1EachHVAC PM's - Station 344$2,264.00$2,264.00 Sub Total 11,248.00 Send Invoice To: Carmel Fire Department 2Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 11,248.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Denise Snyder TITLEAccreditation/Budget Administrator CONTROL NO. 108438 CONTROLLER CzTfshfzHsfdivlijobu:;51bn-Gfc13-3134 Exhibit A CzTfshfzHsfdivlijobu3;45qn-Kbo37-3134 Exhibit A 1/20/2023 SHADE TREES UNLIMITED INC COLUMBIA CITY, IN 46725 - 108447 PO BOX 152 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 Tree purchase for 2023 Dept of Community Service 1 Civic Square Carmel, IN 46032- 00352697 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 73558 1192Department:101Fund:General Fund 44-624.00Account: Trees1 $95,000.00 $95,000.00Each 95,000.00SubTotal 95,000.00 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. 108447 ORDERED BY TITLE CONTROLLER Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh James Crider Director Director of Administration CzTfshfzHsfdivlijobu2;19qn-Kbo42-3134 Exhibit A City of Carmel DEPARTMENT OF COMMUNITY SERVICES III. WORK REQUIREMENTS Applicable Standards: Contractor must adhere toAmerican National Standards Institute (ANSI Z133.1) current edition. Work Requirements: Contractor shall becertified and hold allrequired applicators licenses from the state ofIndiana. Contractor shall possess any city right-of-way permits, asnecessary. Contractor must comply with all applicable environmental, chemical, andother laws inperforming itsobligations. Contractor shall supply allneeded labor, trucks, equipment, supplies, materials, safety devices and other equipment necessary tocomplete the work. Maintenance operations shall beaccomplished insuch amanner astonot damage trees, grass, or other plant material. Ifdamage occurs, the contractor isresponsible for such repair orreplacement and shall contact the Carmel Representative toevaluate the damage. Excess soil, mulch and other debris resulting from any work may beremoved from site. This cost shall be included inthe quote. The work area shall always bekept safe and neat until the cleanup operation iscompleted. Under nocondition shall equipment ormaterials beallowed overnight upon apublic orprivate property. Traffic control isthe soleresponsibility ofContractor and shall becoordinated inadvance with the proper department(s) ofthe city. Theblocking ofpublic streets shall not bepermitted unless prior approvals have been made with theappropriate city departments and theCarmel Representative has been notified. Traffic control shall beaccomplished inconformance with state, county andlocal highway construction codes and allother applicable law. Atraffic maintenance planisrequired by the Carmel Engineering Department for the blocking ofany lane. The handbook touse unless, otherwise directed, will bethe CONCISE HANDBOOK FOR TEMPORARY TRAFFIC CONTROL, Construction, Maintenance, and Utility Operations, 2016, SP-3. The staging ofvehicles orother equipment onany public sidewalk orpath isprohibited. Any injuries, damages, expenses orloss toany person orproperty, public orprivate, because of or related tothe project are the soleresponsibility ofthe Contractor and shall berepaired or compensated by the Contractor tothe satisfaction ofboth the injured party and the Owner, atno cost tothe Owner. The Contractor will schedule project work tooccur between the hours of7:00 a.m. and 6:00p.m. Monday through Saturday, only, unless authorized bythe Carmel Representative inadvance. Contractor shall not work onany city holidays. 2 City of Carmel DEPARTMENT OF COMMUNITY SERVICES Any alteration ormodification ofthe work performed under the Contract shall bemade onlyby written agreement between the Contractor and Carmel Representative and shall bemade prior to commencement ofthe altered ormodified work. No claim for extra work or materials shall be allowed unless covered bysuch awritten agreement executed byallparties hereto. Contractor shall contact Carmel Representative prior tothe start ofany weed control applications. This notification ismeant todetermine the time frame inwhich the weed control application work is tobecompleted. Contractor shall submit product labels of all proposed herbicides and chemicals for Carmel Representative approval prior touse. Ameeting shall occur between theCarmel Representative and theContractor, including personnel supervising work tobecompleted, before any mulch work hasbeen initiated. Thismeeting ismeant todetermine that the mulch work tobecompleted isto the standards ofthe contract. A sample of mulch tobeused shall bepresented tothe Carmel Representative for approval prior toapplication. E-mails shall besenttoaherrington@carmel.in.gov, cedmondson@carmel.in.gov and dmindham@carmel.in.govatthebeginning ofeach layout project (spring mulch/weed control work and fall mulch/weed control work), tosignify the start ofthe work. IV. LAYOUT OF QUOTE MULCH Type Mulch tobeused shall benon-palletized, minimum grade ‘A’ shredded, brown-dyed bark mulch. Mulch shall beprovided bythe City ofCarmel. Applications stthSPRING: Alltrees and shrubs shall bemulched noearlier than April 1 and no later than May 15 thorwithin4weeksaftercityapprovaltobeginworkifthisequatestoafterMay15). Mulch shall be spread asneeded to maintain proper coverage with two (2) inches ofmulch. stFALL: Rake tree rings toloosen upany matted mulch, noearlier than September 1 and nolater ththanSeptember15, topromote the penetration ofwater. This procedure should becompleted immediately before the application ofpre-emergent required under the Weed Control Frequency section. 3 City of Carmel DEPARTMENT OF COMMUNITY SERVICES Tree Ring Preparation Rake away and level existing mulch and loose soil sothat new mulch may beevenly placed around the tree. Generally, this loose material canbepulled tothe outside ofthe tree ringand used tolevel any lawnmower tire ruts. No additional soil istobeplaced onthe root ball. Mulch isNOT tobeplaced upagainst anyplant stem/treetrunk. Leave athree (3) inchspace between mulch and plant stem/tree trunk. Any existing mulch shall bepulled away from tree trunks, leaving the same three (3) inch space. Alltrees within the specified landscaped areas ofthis contract shall have astandard minimum five 5) footdiameter ringcovered with atwo (2) inches layer ofmulch. Alltrees surrounded byturfwill require mulch rings. Ifthe space around the tree isless than (5) five feet between the path/sidewalk and the curb, the mulch ring shall besquared off between the path and curb. WEED CONTROL Applications Alltree rings shall betreated with apre-emergent. Throughout thegrowing season periodically spot treat with aRound-up/Surflan mixture orhand pull, asneeded. Tree suckers orsprouts are NOT tobesprayed with round-up. Tree rootsuckers shall betreated with ‘Sucker Stopper’/naphthaleneacetic acid toregulate tree root sucker growth and/orcut to grade, asneeded. Spray equipment must beequipped with ashield and operated inafashion tonot allow herbicides tocome incontact with unintended plant foliage, plant stem/tree trunk, orsuckers. Always avoid drift from occurring which may cause herbicides to come inany contact with desirable plant foliage, stem/tree trunk, orsuckers. Frequency Alltree rings shall betreated with pre-emergent aminimum oftwo (2) times ayear. thSPRING: The first mandatory application to occur noearlier than March 15 and nolater than stMarch31. stFALL: The second mandatory application tooccur noearlier than September 1 and nolater than thSeptember15. This application should becompleted immediately after the loosening upofthe matted hardwood mulch required under the Mulch Application section. 4 City of Carmel DEPARTMENT OF COMMUNITY SERVICES MULCH AND WEED CONTROL LOCATIONS The project consists of, but may not belimited to, mulch and weed control for the following tree ring locations: LOCATIONS NUMBER OF TREES Sidewalk to Back sideofTOTAL: 6271 TREES + 70 YARDS sidewalk sidewalk; map # River Rd; (12780 River Rd north toTall Timber Run with asection tothe west 394 Includes treesofRiverRdonEMainSt, 300’, “includes a double treerow south of EMain St on west and south of E MaintheeastsideofRiverRdfromFletcherTracesouthtoMacalisterTrace”) and St/River Rd andthTallTimberRuntoE146St, median only) east of River Rd, north of Main St, where no sidewalk Cherry Creek Blvd; Mississinewa DrtoRiver Rdincluding trees intree lawn at 298 River Road roundabout Haverton Way; (Forum Meadows DrtoLost Oaks Dr) 120 thHazelDellPkwy; (SEof146 St, mulch all the trees together tomatch existing) 30yards map1 ththHazelDellPkwy; (E96 Stto E116 St, median only) and 650* 107* map2 ththE116SttoE146 St) *est. 600 Tree rings >5’ th 17map3E96St; Haverstick RdtoHazel Dell Pkwy (median only) and trees at9609 Hazel 47 Dell Pky thGrayRd; (E136 Stroundabout) map shows all36trees 7 29map4 Gray Rd; (WMain Stroundabout) map shows all28trees 20 8map5 thGrayRd; (W126 Stroundabout) map shows all39trees 29 10map6 thGrayRd; (12110 Gray RdtoE 136 St, east and west sides) and 103 thE136 SttoWedgewood Ln, west side) thGrayRd; (Greenspire RdtoE116 St, east side) 28 ththGrayRd; (E96 SttoE 106 St) 61 48map7 thE116 St; (east ofBrooks Ct, north side) 13map8 38map9EMainSt; (Christ Community Church driveway entrance - 4770 EMain St west 49 trees on south sidenorthsideonlyto4443EMainSt) map shows all87trees where no sidewalk ESmoky Row; (Landser PltoCarson Ct, south side only) 17 EMain St; (Rangeline RdtoLexington Blvd, north and south sides) 37 NRangeline Rdand WSmoky Row; (southwest corner) 19map10 NRangeline Rd; (WMain SttoSmoky Row, east and west sides) 62 SRangeline Rd; (EElm SttoEMain St, east side only) map shows all17trees 15 2map11 WElm St; (Veterans Way toSRangeline Rd, south side) 6 SRangeline Rd; (Executive DrtoECity Center Dr, median and east side) 16 14map12 east side onlymapshowsall30trees 1Civic Sq; (individually mulched trees only) 52map13 ECarmel Dr; (Keystone Pkwy toRangeline Rd) 82 5 City of Carmel DEPARTMENT OF COMMUNITY SERVICES LOCATIONS NUMBER OF TREES Sidewalk to Back sideof sidewalk sidewalk; Map # Medical Dr; (115 Medical DrtoMerchants Square Dr) 26map14 ththWestfieldBlvd; (E96 SttoE99 St) map shows all69 trees 55 14map15 ththPointePky; (E116 SttoE 116 St) 10 thE116 St; (SGuilford RdtoKeystone Pkwy) 24 92map16 ECity Center Dr; (SRangeline RdtoKeystone Pkwy) 122 map17 City Center Dr; (Pennsylvania St – SRangeline Rd) 184 37map18 Guilford Rd - Carmel Dr rd3 Ave SW; (Carter Green toAmerican Way S, east side) 12 Adams St; (WCarmel DrtoCity Center Dr) 27 WCarmel Dr; Arbor DrtoSGuilford Rd 22 Congressional Blvd; (City Center DrtoPennsylvania St, median only) 59 thCollegeAve/College Dr; (Pennsylvania SttoE116 St, median only, 2locations) 26 Pennsylvania St; (College Ave toCity Center Dr, 137 includes trees north ofCity Center Dr; inmedian) Old Meridian St; (Pennsylvania SttoGuilford Rd, 59 includes both islands atPennsylvania St) SGuilford Rd; (City Center Drto WMain St, east and west sides) 34 Grand Blvd; (SGuilford RdtoOld Meridian St, median only) 17 ththOakRidgeRd; (W136 SttoW146 St) 139 th thIllinoisSt; (W106St toW136 St) 404 th116 St; (Springmill Blvd – Pennsylvania St, median only) 36 thSpringmillRd; (WMain SttoW146 St, median and eastside, 128 theastsideisWMainSttoE136 Stonly) thSpringmillRd; (W106 SttoWMain St) 169 ththDitchRd; (W136 Stto W146 St) 113 ththTowneRd; (W96 Stto W146 St) 444 thththShelborneRd; (W116 Stto W126 St, includes trees north ofW 126 St, and 200 72map19 ththW116 Sttreesin116Stroundaboutarea) Shelborne Rd only thW126 St; (Shelborne Rdto Towne Rd) 201 stW131 St “east ofTowne Rd named W Main St”; 539 24map20 Clay Center/MainShelborneRdtoSpringmillRd, includes trees west and north ofShelborne Rd) St, SE corner st3400W131 St; (Carmel Street Department) 40yards map21 stW141 St; (Ditch RdtoTowne Rd, north and south sides) 92 thW136 St; (Ditch Rd toOak Ridge Rd) 312 925 Rohrer Rd; (north & west sides ofDuke Station) 43map22 6 1/26/2023 T M T INC WESTFIELD, IN 46074 - 108474 1719 W 161ST ST City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 00352696 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 73667 2201Department:2201Fund:Motor Vehicle Highway FND 43-509.00Account: Mulching1 $79,778.00 $79,778.00Each 79,778.00SubTotal 79,778.00 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. 108474 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner CzTfshfzHsfdivlijobu23;68qn-Kbo42-3134 Exhibit A James Pratt 11775 Technology Drive Fishers, IN 46038 Phone : (317) 570-2300 Customer Information BILL TO:SERVICE LOCATION: CITY OF CARMELCITY OF CARMEL-IN R.O.W. 3400 W 131ST ST 3400 W 131ST ST WESTFIELD, IN CARMEL, IN 46074 USA46074 USA Phone : (317) 733-2001Phone : (317) 733-2001 Detail of Charges Service LocationLine Item DescriptionRound #Round DescriptionTotal Price CITY OF CARMEL-IN R.O.W. Armyworm Control10$13,544.10 IN ROW Lawn Service2Late Spring - Fertilizer, broadleaf $46,742.50 weed, crabgrass and pre-emergent weed control (As Needed/Weather Dependent) IN ROW Lawn Service3Early Summer - Fertilizer, broadleaf $43,003.10 weed control (As Needed/Weather Dependent) IN ROW Lawn Service5Early Fall - Fertilizer, broadleaf weed $43,003.10 control (As Needed/Weather Dependent) IN ROW Lawn Service6Fall - Fertilizer, broadleaf weed $43,003.10 control (As Needed/Weather Dependent) IN ROW Spring Fertilization2Root Zone Fertilization$24,990.72 IN ROW Tree & Shrub Fertilizer6Root Zone Fertilization$24,990.72 Subtotal: $239,277.34 Total Sales Tax Amount: $0.00 Grand Total: $239,277.34 Description: Standard Terms and Conditions 1. Term. The term of this Agreement shall one (1) year from the date signed by you, the Customer. 2. Price increases. Prices of services provided in this agreement may be increased should you add property under this agreement, or in the event of increases in the cost of fuel, material, or labor, or costs incurred by TruGreen due to government regulation and other causes. In addition, TruGreen may elect to increase the price of services under this agreement after the first year, or after any subsequent anniversary date of the agreement by a percentage amount not to exceed five percent (5%) of the then current price, or consistent with any increase in the current consumer price index, whichever is greater. TruGreen shall not increase its prices on an elective basis more frequently than once during any agreement year. 3. Payment Terms. Payment is due to TruGreen within 30 days after the invoice date. In the event you fail to make payment when due, TruGreen reserves the right to terminate this Agreement. A late service fee equal to the lesser of 15% per month (18% a.p.r.) or the maximum interest rate allowed by law will be charged on any balance unpaid over thirty (30) days. A service charge of $25.00 will be charged for any returned check. Should it become necessary to bring an action to collect amounts due under this agreement, you agree to pay all costs of such collection including, but not limited to, any reasonable attorney’s fees or other professional fees and court costs. 4. Check processing policy ACH. When you provide a check as payment, you authorize TruGreen either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. If TruGreen uses information from your check to make an electronic fund transfer, funds may be withdrawn from 2023 TruGreen L.P. All Rights Reserved 2023-R-5739-CITY OF CARMEL IN ROW - 2023-01-19 13:46:59 your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Returns: in the event that your payment is returned unpaid, you authorize us the option to collect a fee as allowed by law through an electronic fund transfer from your account. 5. Termination. In the case of your non-payment or default. TruGreen has the right to terminate this Agreement immediately upon notice to you. TruGreen may terminate this Agreement for convenience upon thirty (30) days prior written notice to you. You may cancel this Agreement for material breach by TruGreen, provided that you give TruGreen written notice of the details of the breach, and thereafter TruGreen fails to cure the breach within thirty (30) days after said notice. (a). Additional termination provisions for landscape companies, property management companies, agents and other similar entities: To the extent you represent one or more property owners and/or properties covered under this agreement, and in the event such owner terminates your contract with regard to one or more properties, then upon notice to TruGreen, you may terminate this Agreement only as it relates to such property for which owner terminated its contract with you. To the extent that this Agreement applies to other properties, not terminated by the owner, this Agreement shall continue in full force and effect with regard to such other properties. 6. Sale of Property. You agree to notify TruGreen in writing immediately in the event that you sell any property which is the subject of this Agreement. TruGreen shall make the appropriate adjustment in price to accommodate the reduction of square footage treated in the event that property is sold. In the event all property which is the subject of the Agreement is sold, this Agreement shall be terminated upon receipt by TruGreen of your written notice that you have sold the property. Should you fail to notify TruGreen as required in this provision, you agree to indemnify TruGreen for any damages incurred as a result of your failure to notify. 7. LIABILITY. TRUGREEN IS RESPONSIBLE FOR DIRECT DAMAGES RESULTING FROM ITS NEGLIGENCE OR BREACH OF THIS AGREEMENT. BUT IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING OR RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THE AGREEMENT INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR INCOME, REGARDLESS OF THE BASIS FOR THE CLAIM. 8. Duty to Inspect. You have a duty to inspect the property within fifteen (15) days after service has been performed by TruGreen. If you believe TruGreen provided deficient work, you agree to notify TruGreen immediately in writing. If written notice is not received by TruGreen within fifteen (15) days after the date of service, you agree that any and all claims alleging damage of any nature or to recover past payments and/or rights to withhold future payments due under this Agreement are waived. 9. Notice to tenants, employees, invitees. To the extent necessary, you have a duty to notify all tenants, employees, visitors and any other invitee on the premises of a scheduled service prior to the performance of any scheduled service by TruGreen. 10. No Warranties. Except as expressly set forth in this Agreement. TruGreen makes no warranty or representation of any kind, expressed or implied, concerning either products used or services performed, including no implied warranty of merchantability or fitness of the product for any particular purpose, and no such warranty shall be implied by law, usage of trade, course of performance, course of dealing, or on any other basis. 11. Force majeure. Except for the payment of TruGreen’s invoices owed by you, if either TruGreen or you shall be prevented or delayed in the performance of any or all of the provisions of this Agreement, by reason of any labor dispute, industry disturbance, delay in transportation, governmental regulatory or legal action, act of God or any cause beyond such part’s control, the obligations hereunder of such party shall be extended for as long as such cause shall be in effect and any delay or loss suffered by the other party shall not be chargeable in any way to such party: provided, however, the other party suffering such cause shall immediately notify the other party of such inability and shall use reasonable efforts to remedy same with all reasonable dispatch. If any event of force majeure should prevent a party from performing its obligations under this Agreement for a period of ninety consecutive (90) days, the other party shall have the right to cancel this Agreement upon notice to the party unable to perform its obligations. 12. No assignment. You shall not have the right to assign this Agreement or agree to the transfer of this Agreement by operation of law or otherwise without the prior written consent of TruGreen. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and to any permitted successors and assigns. 13. Watering, Cultural Practices. The success of this program depends on proper watering, mowing and cultural practices. Some products used by TruGreen may include label directions requiring the watering of the material after application. If any of these products are used on the property, TruGreen will provide you with watering instructions following the application and you agree to assume such watering responsibility. Climate conditions, soil conditions, plant diseases, plant material, and miscellaneous external factors will impact response to treatment. Results for difficult-to-control diseases will vary depending on environment, culture and agronomic programs used or treatment applied. Treatment for diseases may include additional cost. Consult your TruGreen specialist for details. 14. Modification of program. This program consists of lawn care and/or tree and shrub care as indicated above. Specific products, rates of application and method of application will vary with the season, weather conditions, and the needs of your lawn as determined by your TruGreen specialist. Your regularly scheduled programs may be modified depending on the weather and the condition of your landscape. The application methods and procedures used to perform service under this Agreement will be determined solely by TruGreen. Your TruGreen specialist will keep you informed on any modifications to this schedule. 15. Insects and Borers. Total insect elimination is not desirable with any program because beneficial insects will be lost along with the targeted pests. Plants invaded by borers have a high probability of death or decline. Sound cultural practices and control applications may extend the life of some plant species. Treatment for boring insects may include additional cost. Consult your TruGreen specialist with details 16. Authorization to provide Service. TruGreen agrees to furnish labor and materials for purposes of this Agreement and is authorized by you to treat the property at the address shown above. You represent and warrant to TruGreen that you are the owner of said property, or in the event that you are not the owner of the property to which this Agreement applies, you represent and warrant that you have the legal authority to execute and bind the owner of the property to the terms and conditions of this Agreement. 17. MANDATORY ARBITRATION. Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (AAA), under the AAA Commercial or Consumer, as applicable. Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1- 800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction,in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation,applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.” 18. CLASS ACTION WAIVER. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER. THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. 19. Unless expressly noted otherwise herein, this Agreement and any invoice issued by TruGreen pursuant to the terms hereof, set forth the entire understanding of the parties, and supersede any and all proposals, negotiations, representations and prior agreements relating to the subject matter of this Agreement, written or otherwise, including, without limitation any sales agreement previously executed by the parties. To the extent that any terms set forth in an invoice should conflict with the terms set forth in this Agreement, this Agreement shall control. No terms, conditions, or warranties other than those stated herein or in any invoice issued by TruGreen, and no agreements or understanding, oral or written, in any way purporting to modify these conditions shall be binding on the parties hereto unless hereafter made in writing and signed by authorized representatives of both parties. 20. This customer service Agreement is only valid if accepted by you within 30 days of the date submitted to customer. By: _______________________________________________________________ Date: ______________________ REPRESENTATIVE/GENERAL MANAGER Print Name: ________________________________________________________ Date: ______________________ AUTHORIZED AGENT/CUSTOMER Customer Signature: _________________________________________________ Date: ______________________ AUTHORIZED AGENT/CUSTOMER 2023 TruGreen L.P. All Rights Reserved 2023-R-5739-CITY OF CARMEL IN ROW - 2023-01-19 13:46:59 James Pratt 11775 Technology Drive Fishers, IN 46038 Phone : (317) 570-2300 Customer Information BILL TO:SERVICE LOCATION: CITY OF CARMELOUT OF ROW 3400 W 131ST ST 3400 W 131ST WESTFIELD, IN WESTFIELD, IN 46074 USA46074 USA Phone : (317) 733-2001Phone : (317) 733-2001 Detail of Charges Service LocationLine Item DescriptionRound #Round DescriptionTotal Price OUT OF ROW Lawn Service2Late Spring - Fertilizer, broadleaf $250.00 weed, crabgrass and pre-emergent weed control (As Needed/Weather Dependent) OUT OF ROW Lawn Service3Early Summer - Fertilizer, broadleaf $230.00 weed control (As Needed/Weather Dependent) OUT OF ROW Lawn Service5Early Fall - Fertilizer, broadleaf weed $230.00 control (As Needed/Weather Dependent) OUT OF ROW Lawn Service6Fall - Fertilizer, broadleaf weed $230.00 control (As Needed/Weather Dependent) OUT OF ROW Armyworm Control10$72.44 OUT OF ROW Spring Fertilization2Root Zone Fertilization$2,993.68 OUT OF ROW Tree & Shrub Fertilizer6Root Zone Fertilization$2,993.68 Subtotal: $6,999.80 Total Sales Tax Amount: $0.00 Grand Total: $6,999.80 Description: Standard Terms and Conditions 1. Term. The term of this Agreement shall one (1) year from the date signed by you, the Customer. 2. Price increases. Prices of services provided in this agreement may be increased should you add property under this agreement, or in the event of increases in the cost of fuel, material, or labor, or costs incurred by TruGreen due to government regulation and other causes. In addition, TruGreen may elect to increase the price of services under this agreement after the first year, or after any subsequent anniversary date of the agreement by a percentage amount not to exceed five percent (5%) of the then current price, or consistent with any increase in the current consumer price index, whichever is greater. TruGreen shall not increase its prices on an elective basis more frequently than once during any agreement year. 3. Payment Terms. Payment is due to TruGreen within 30 days after the invoice date. In the event you fail to make payment when due, TruGreen reserves the right to terminate this Agreement. A late service fee equal to the lesser of 15% per month (18% a.p.r.) or the maximum interest rate allowed by law will be charged on any balance unpaid over thirty (30) days. A service charge of $25.00 will be charged for any returned check. Should it become necessary to bring an action to collect amounts due under this agreement, you agree to pay all costs of such collection including, but not limited to, any reasonable attorney’s fees or other professional fees and court costs. 4. Check processing policy ACH. When you provide a check as payment, you authorize TruGreen either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. If TruGreen uses information from your check to make an electronic fund transfer, funds may be withdrawn from 2023 TruGreen L.P. All Rights Reserved 2023 R 5739 City of Carmel Out of ROW - 2023-01-19 14:00:14 your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Returns: in the event that your payment is returned unpaid, you authorize us the option to collect a fee as allowed by law through an electronic fund transfer from your account. 5. Termination. In the case of your non-payment or default. TruGreen has the right to terminate this Agreement immediately upon notice to you. TruGreen may terminate this Agreement for convenience upon thirty (30) days prior written notice to you. You may cancel this Agreement for material breach by TruGreen, provided that you give TruGreen written notice of the details of the breach, and thereafter TruGreen fails to cure the breach within thirty (30) days after said notice. (a). Additional termination provisions for landscape companies, property management companies, agents and other similar entities: To the extent you represent one or more property owners and/or properties covered under this agreement, and in the event such owner terminates your contract with regard to one or more properties, then upon notice to TruGreen, you may terminate this Agreement only as it relates to such property for which owner terminated its contract with you. To the extent that this Agreement applies to other properties, not terminated by the owner, this Agreement shall continue in full force and effect with regard to such other properties. 6. Sale of Property. You agree to notify TruGreen in writing immediately in the event that you sell any property which is the subject of this Agreement. TruGreen shall make the appropriate adjustment in price to accommodate the reduction of square footage treated in the event that property is sold. In the event all property which is the subject of the Agreement is sold, this Agreement shall be terminated upon receipt by TruGreen of your written notice that you have sold the property. Should you fail to notify TruGreen as required in this provision, you agree to indemnify TruGreen for any damages incurred as a result of your failure to notify. 7. LIABILITY. TRUGREEN IS RESPONSIBLE FOR DIRECT DAMAGES RESULTING FROM ITS NEGLIGENCE OR BREACH OF THIS AGREEMENT. BUT IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING OR RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THE AGREEMENT INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR INCOME, REGARDLESS OF THE BASIS FOR THE CLAIM. 8. Duty to Inspect. You have a duty to inspect the property within fifteen (15) days after service has been performed by TruGreen. If you believe TruGreen provided deficient work, you agree to notify TruGreen immediately in writing. If written notice is not received by TruGreen within fifteen (15) days after the date of service, you agree that any and all claims alleging damage of any nature or to recover past payments and/or rights to withhold future payments due under this Agreement are waived. 9. Notice to tenants, employees, invitees. To the extent necessary, you have a duty to notify all tenants, employees, visitors and any other invitee on the premises of a scheduled service prior to the performance of any scheduled service by TruGreen. 10. No Warranties. Except as expressly set forth in this Agreement. TruGreen makes no warranty or representation of any kind, expressed or implied, concerning either products used or services performed, including no implied warranty of merchantability or fitness of the product for any particular purpose, and no such warranty shall be implied by law, usage of trade, course of performance, course of dealing, or on any other basis. 11. Force majeure. Except for the payment of TruGreen’s invoices owed by you, if either TruGreen or you shall be prevented or delayed in the performance of any or all of the provisions of this Agreement, by reason of any labor dispute, industry disturbance, delay in transportation, governmental regulatory or legal action, act of God or any cause beyond such part’s control, the obligations hereunder of such party shall be extended for as long as such cause shall be in effect and any delay or loss suffered by the other party shall not be chargeable in any way to such party: provided, however, the other party suffering such cause shall immediately notify the other party of such inability and shall use reasonable efforts to remedy same with all reasonable dispatch. If any event of force majeure should prevent a party from performing its obligations under this Agreement for a period of ninety consecutive (90) days, the other party shall have the right to cancel this Agreement upon notice to the party unable to perform its obligations. 12. No assignment. You shall not have the right to assign this Agreement or agree to the transfer of this Agreement by operation of law or otherwise without the prior written consent of TruGreen. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and to any permitted successors and assigns. 13. Watering, Cultural Practices. The success of this program depends on proper watering, mowing and cultural practices. Some products used by TruGreen may include label directions requiring the watering of the material after application. If any of these products are used on the property, TruGreen will provide you with watering instructions following the application and you agree to assume such watering responsibility. Climate conditions, soil conditions, plant diseases, plant material, and miscellaneous external factors will impact response to treatment. Results for difficult-to-control diseases will vary depending on environment, culture and agronomic programs used or treatment applied. Treatment for diseases may include additional cost. Consult your TruGreen specialist for details. 14. Modification of program. This program consists of lawn care and/or tree and shrub care as indicated above. Specific products, rates of application and method of application will vary with the season, weather conditions, and the needs of your lawn as determined by your TruGreen specialist. Your regularly scheduled programs may be modified depending on the weather and the condition of your landscape. The application methods and procedures used to perform service under this Agreement will be determined solely by TruGreen. Your TruGreen specialist will keep you informed on any modifications to this schedule. 15. Insects and Borers. Total insect elimination is not desirable with any program because beneficial insects will be lost along with the targeted pests. Plants invaded by borers have a high probability of death or decline. Sound cultural practices and control applications may extend the life of some plant species. Treatment for boring insects may include additional cost. Consult your TruGreen specialist with details 16. Authorization to provide Service. TruGreen agrees to furnish labor and materials for purposes of this Agreement and is authorized by you to treat the property at the address shown above. You represent and warrant to TruGreen that you are the owner of said property, or in the event that you are not the owner of the property to which this Agreement applies, you represent and warrant that you have the legal authority to execute and bind the owner of the property to the terms and conditions of this Agreement. 17. MANDATORY ARBITRATION. Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (AAA), under the AAA Commercial or Consumer, as applicable. Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1- 800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction,in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation,applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.” 18. CLASS ACTION WAIVER. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER. THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. 19. Unless expressly noted otherwise herein, this Agreement and any invoice issued by TruGreen pursuant to the terms hereof, set forth the entire understanding of the parties, and supersede any and all proposals, negotiations, representations and prior agreements relating to the subject matter of this Agreement, written or otherwise, including, without limitation any sales agreement previously executed by the parties. To the extent that any terms set forth in an invoice should conflict with the terms set forth in this Agreement, this Agreement shall control. No terms, conditions, or warranties other than those stated herein or in any invoice issued by TruGreen, and no agreements or understanding, oral or written, in any way purporting to modify these conditions shall be binding on the parties hereto unless hereafter made in writing and signed by authorized representatives of both parties. 20. This customer service Agreement is only valid if accepted by you within 30 days of the date submitted to customer. By: _______________________________________________________________ Date: ______________________ REPRESENTATIVE/GENERAL MANAGER Print Name: ________________________________________________________ Date: ______________________ AUTHORIZED AGENT/CUSTOMER Customer Signature: _________________________________________________ Date: ______________________ AUTHORIZED AGENT/CUSTOMER 2023 TruGreen L.P. All Rights Reserved 2023 R 5739 City of Carmel Out of ROW - 2023-01-19 14:00:14 2023TotalLandscaping Maintenance InRight-of-Way LOCATIONSQ. FOOTAGE ndrd 1,0502StSW- 3 AVE SW to Monon Blvd rd 3,5603AveSW & City Center Dr rd 6,1173Ave & City Center Dr* th 5004Ave & Main St Roundabout* th 3,28096St & Commerce Dr Roundabout* th 2,82796St & Ditch Rd Roundabout* th 2,60696St & Shelborne RdRoundabout* th 14,69096St & Towne RdRoundabout* th 2,89096St & Spring Mill Rd Roundabout* th 9,72396St & Westfield Blvd Roundabout* rd 4,298103St & Pennsylvania St Roundabout th 2,448106St & College Ave – Medians th 4,298106St & Gray Rd Roundabout* th 6,271106St & Illinois St Roundabout* th 16,875106St & Keystone Pkwy Roundabout* th 4,069106St & Pennsylvania St Roundabout th 6,926106St & Shelborne Rd Roundabout* th 2,921106St & Spring Mill Rd Roundabout* th 5,212106St & Spring Mill Rd- NE & NW Corners th 5,070106St & Towne Rd Roundabout* th 3,400111St & Illinois St Roundabout* th 5,700111St & Pennsylvania St Roundabout* th 871111St & Spring Mill Rd Roundabout th 3,207116St & Clay Center Rd Roundabout* th 1,196116St & Ditch Rd. Roundabout/Hillside* th 34,020116St & Gray Rd Roundabout* th 5,429116St & Hazel Dell Pkwy Roundabout* th 2,636116St & Illinois St Roundabout* th 24,163116St & Keystone Pkwy Roundabout* th 11,748116St & Shelborne RdRoundabout* th 2,039116St & Spring Mill Rd Roundabout* st 4,453121St & Shelborne Rd Roundabout* th 1,009126St & Gray Rd Roundabout* th 7,847126St & Hazel Dell Pkwy Roundabout* th 3,214126St & Illinois St Roundabout* th 17,219126St & Keystone Pkwy Roundabout* th 4,453126St & Shelborne Rd Roundabout* th 2,945126St & Towne Rd Roundabout* st131 St & Shelborne Rd Roundabout*(Includes 15 tree rings on NW corner, N of sidewalk heading E, 7,725landscapebedsonWsideofblackfenceborderingShelborneRdheadingN, & landscape beds at NW corner of black fence) th 4,900136St & Ditch Rd Roundabout* th 5,979136St & Gray Rd Roundabout* th 8,875136St & Keystone Pkwy Roundabout* th 5,144136St & Oak Ridge Rd/ Illinois StRoundabout* th136 St & Rohrer Rd/ Eglin Dr 9,447includes19treerings) th 694136St (Smokey Row) & Rangeline Rd Roundabout* th 6,877136St & Spring Mill Rd Roundabout* th 5,026136St & Towne Rd Roundabout* st 4,623141St & Ditch Rd Roundabout* st 4,130141St & Spring Mill Rd Roundabout* st 3,124141St & Towne Rd Roundabout* Carmel Dr & City Center Dr Roundabout*2,307 Carmel Dr & Keystone Pkwy Roundabout*15,782 City Center Dr & Kinzer Ave4,387 City Center Landscape Beds (SW Corner Area of City Center & Rangeline)*2,400 City Center Monon Hillside Steps*2,435 st 390CityofCarmelCommunicationsCenter – 1 Ave NW Downtown Bump–outs 462 Downtown Sidewalk Planters (From 216 W. Main to 424 W. Main with shrubs)357 rd 4,568ElmSt- 3 Ave SW to Monon Blvd Elm & Rangeline120 Elm St & Veteran’s Way750 Guilford Rd & Carmel Dr Roundabout*2,880 Guilford Rd & City Center Dr Roundabout*5,738 Hawthorne Dr W & Carey Rd Roundabout*9,602 Hazel Dell Pkwy & Cherry Creek Blvd Roundabout*1,660 th 1,800HillsidePlantingsat136andKeystonePkwy (NE Corner) thth 1,080TreeRingsKeystonePkwy- Corner - at 106 St (10), Main St (52), 136 St (10) 72 tree rings Keystone Pkwy Entrance and Exit Ramps 24,477 th 5,760KeystonePkwy – Retaining Wall Plantings – NW & NE of 126 St Main St & Clay Center Rd Roundabout*4,822 Main St & Ditch Rd Roundabout*4,522 Main St & Gray Rd Roundabout*5,300 Main St & Hazel Dell Pkwy Roundabout*3,896 Main St & Illinois St Roundabout*4,718 Main St & Keystone Pkwy Roundabout*16,589 Main St & Spring Mill Rd Roundabout*4,904 Main St & Towne Rd Roundabout*2,993 th 1,340Median – 116 St, E of Hazel Dell- (near 5829 E 116th St) th 40,088Medians – 116 St – College Ave to Keystone Ave* th 7,440Medians – 126 St – Keystone Pkwy to Rangeline Rd th 7,674Medians – 126 Stfrom Shelborne Rd. to Towne Rd stth 2,063Medians – Ditch Rd from 141 St. to 146 St Median – Dorset Blvd – Spring Mill Rdto Illinois St 6,110include32treeringsonNandSsideofDorset) Medians – Grand Boulevard E – Old Meridian to Guilford21,776 thth 7,780Medians – Illinois St from 106 to 126 St Medians – Main St from Illinois St to Shelborne Rd* 3,6261,650 of this isrock mulch btwn Illinois & Spring Mill) Medians – Main St – Old Meridian to Pennsylvania St7,915 thrd 13,989Medians – Pennsylvania St – N of106 St to South of103 St Medians – Rangeline Rd- Carmel Dr to N ofCity Center Dr*14,437 thth 31,219Medians – Spring Mill Rd from 116 St to 106 St stth 2,475Medians – Spring Mill Rd from 141 St to 146 St Medians – Spring Mill Rd from Mallard Ct to Jackson Grant607 thth 45,182Medians – Towne Rd from 116 St to 146 St st 910MetallicModernSculptureArea (1 Ave SW) Nash Building- E side1,040 Oak Ridge Rd & Adios Pass Roundabout*4,305 Oak Ridge Rd & Bennett RdRoundabout*4,564 Old Meridian St & Guilford Ave Roundabout*4,711 Old Meridian & Pennsylvania659 Olivia Building (from street to building along Main St & Old Meridian)*11,626 rd 2,379Pedcor – 3 Ave Sign Beds (includes raised beds, trees, sidewalk)* Pennsylvania St & City Center Dr Roundabout*5,614 th 1,768RangelineRd- N of 136 St- Medians River Rd & Cherry Creek Blvd7,952 rd 18,437R.O.W. – City Center Rd – Carmel Dr to 3 Ave R.O.W. Wall Bed- Illinois St - Wall Bed near Ritz Charles3,880 Smokey Row Rd & Carey Rd Roundabout*25,917 Spring Mill Rd & Dorset Blvd Roundabout*491 Spring Mill Rd & Illinois St Roundabout*4,046 th 8,803SpringmillRd- Sof 111 on Eside of road near fence to 106th Changestothe2022ContractforLandscaping/ MowingAreas 111thSt & CollegeRoundabout- landscaping andgrass 2,370 OldMeridian & CarmelDriveRoundabout- thissqftisturfchanged tolandscape 5,400 OldMeridian & GrandBlvdRoundabout- thissqftisturfchangedtolandscape 5,400 OldMeridian & MainStRoundabout- thissqftisturfchangedtolandscape 5,400 OldMeridian & Pennsylvania Roundabout- thissqftisturfchangedtolandscape 5,400 LowesWayRoundabout atLowes- thissqftisturfchangedtolandscape 2,100 116th & TowneRdRoundabout- thissqftisturfchangedtolandscape 2,500 Pennsylvania & MainSt- thissqftisturfchangedtolandscape 2,100 CarmelDr & Pennsylvania- thissqftisturfchanged tolandscape 2,600 116th & Pennsylvania- thissqftisturfchanged tolandscape 1,800 Grand Blvd & MainSt- thissqftisturfchanged tolandscape 3,100 38,170 TOTAL839,586 48520 2021TotalLandscapingMaintenanceOutofRight-of-Way LOCATIONSQ. FOOTAGE Carmel Symphony & Repertory Theatre1,055 Children’sSmallest Art Gallery*- includes mulch island in parking lot N of Gallery747 City Center & Rangeline (NW Corner Tree Bed)3,236 City Hall- Total Square Footage. This will include:*Old Spaghetti Factory Lot (918 SRangeline Rd), Carmel Fire Dept & N Parking Lot , Carmel Police Dept & NParking Lot, Civic Square Fountain 46,000Beds & all 4 corner beds, City Hall NLawn Beds & Gazebo, City Hall Beds Surrounding Building, City Hall SParking Lot Beds, Japanese Garden Beds, Upper Parking Lot/Overflow Parking Beds First Ride Sculpture Beds (Main St. and Monon Trail)780 Indiana Design Center (Rangeline Rd.)4,150 Old Town Shops (Southeast Parking Lot Area)3,900 Palladium – Green Roof2,986 Palladium – North Side Beds (includes 8 trees)*3,011 Palladium – Landscape Beds Surrounding Property and 32 Trees atthe Green* 9,371The32treesattheGreenaremulchedwithnon-dyed cedar mulch, not black-dyed hardwood like all other landscape areas) Reflecting Pond & Veteran’sMemorial*12,766 Sophia Building – (N Beds, NE Gym Bed, E Boxwood Beds, SE Sidewalk Beds)500 Tarkington Building – All sides of Tarkington & Mezz Bldg, Parking Garage Beds (including 9trees 11,500rdonWsideofMezzalong3AveandalltreesonSsideofMezzandSofsidewalk)* TOTAL100,002 2023 Total Mowing In Right-of-Way LocationSq FtAcres 603CarsonCt & 618JohnsonDr- SideDitches5,6630.13 th 31,1820.722711E96St 12000ShelborneRd26,2830.60 407SmokeyRowRd4,9830.11 th 19,1620.445840 & 6020E. 116 St 702AdamsCornerLot19,6890.45 805OswegoRd6,1880.14 12999PennsylvaniaSt3630.01 rd 6,6050.153Ave & CityCenterDr- Roundaboutanddividerislands rd 8000.023AvenearTarkingtonGarage- Median 4thSt & SRangelineRdRoundabout16,5660.38 th 9,9460.2396St. andCommerceDr.*- Roundabout, median, dividerislands, andR.O.W. turf th 16,7800.3996andDitchRd.*- Roundaboutturf- nowwithNWcorner th 3,3040.0896St – NandEofRandallatEnterprise th 97,7852.2496St – From Towne Rd to Ditch Rd th 11,4910.2696St & HazelDellPkwy- Roundaboutanddividerislands th 14,0640.3296St & PriorityWay- Roundaboutanddividerislands 96thStandDelegatesRow13,5520.31 96thStandGrayRdRoundabout14,3670.33 96thStandHaverstickRd20,1590.46 th 4,8290.1196StandSycamoreRd- EastandWestside th 38,8800.8996St. – FromWofChurchonTowneRdtoElmDr th 64,8041.4996St. andShelborneRd.*- Roundabout, median, dividerislands, andR.O.W. turf th 7,9300.1896St. andSpringMillRd. *- IncludesTurfatRoundaboutandDividerIslands th 75,6371.7496St. andTowneRd.*- IncludesTurfatRoundaboutandDividerIslands th 18,4080.4296St. Medians- EastandWestofGrayRd. th 5,9000.1498StatKeystone- Islands thth99St. andCommerceDr. (includingCommerceDr. to96 St.) 20,1200.46Roundabout, median, dividerislands, andR.O.W. turf th 5,1520.12106Pl & LexingtonLn th 82,6811.90106St – DitchRdtoTowneRd- NorthsideROW th 3,0660.07106St & CollegeAve- MediansandNEcornernearcarlot th 5,4300.12106St & CrookedStickDr th 5,1600.12106St & GrayRd*- Westsidebywalkingpath th 4360.01106St & HolidayDr- handrail- 65' Straightspray th 3,1890.07106St & JordanRd- Nside th 3,4200.08106St & LakeshoreDrW- DitchatFireStation th 23,8010.55106St & ShelborneRd- NofFireStation- Wsideofroadtochurch 106thSt & TowneRd- Roundabout & DividerIslands & NIsland64,4521.48 th106 St- ROWPropertyEastofWestfieldBlvd- 19,5230.45Southside4sections th 22,4400.52106St- WestofGrayRd-Northsideathill th106 St. andDitchRd.* 40,8210.94Roundaboutturf, 4dividerislands, andR.O.W. IncludesS.W. cornermulchbedswithevergreens th106 St. andShelborneRd. 20,8320.48Roundabout, median, dividerislands, andR.O.W. turf th 29,5100.68106St. andSpringMillRd. -Roundaboutturfplus4dividerislands th 5,9710.14111 & EchoCrestDrW 111thSt & CollegeAve- NWSide32,0520.74 th111 St & IllinoisSt* 14,4800.33Roundabout & SplitterIslands & SEcorner 14,0640.32111thSt & LexingtonDrRoundabout th 4,8170.11111St & SpringMillRd- Dividerislands th 21,6490.50116 & Towne- NWcornerROW th 8300.02116andRiverRd- Guardrail- NEcorner th116 andShelborneRd.* 241,2485.54Roundabout, medians, dividerislands, andR.O.W. turf th 18,6990.43116St & CollegeAveRoundabout th 1,4760.03116St & EdenGlenDr- NorthEastcorner- Weed-eat 116thSt & GrayRd 73,6601.69Roundabout, LaneDividers & ROWTurf & NtoBridge th 33,3440.77116St & GrayRd- Tothewhitechurch 116thSt & GuilfordRdRoundabout31,4800.72 th 15,0210.34116St & Ruckle- Northsideatguardrail 116thSt & TowneRdRoundabout- Also- NWcornerROW45,4801.04 th 1,3550.03116St@RiverRd- theNWcorner th 7,7700.18116St- EastofHazelDell- Northside th 15,9730.37116StfromHazelDelltoRiverRd- Southside th 81,2221.86116St & TowneRd- SWcorner th 2,0560.05116St- WofDitchRd th 6680.02116St- WofGray- Nsideofguidewires th 8,8480.20116St- WofGray, Ssideatfield th116 St. – CollegeAve. toKeystoneRoundabout* 46,8941.08R.O.W. and9Medians (297Trees) Mediansmustbemowedwithpushmower* th 130,6803.00116St. – SpringMillRd. toU.S. 31- R.O.W. andMedians th116 St. andClayCenterRd.* 18,2720.42Roundabout, median, dividerislands, andR.O.W. turf th 5,0240.12116St. andDitchRd.*- Roundaboutturf st 7,9950.18121St. andShelborneRd.*- Roundabout nd 33,4400.77122St & RiverRdtoMedalistPkwy th 7,7550.18126St. andShelborneRd.*- Roundabout th 21,6690.50126St & BrookshirePkwy th 37,7460.87126St & GrayRd th 7,2220.17126St & HighDr- N.E. Corner th 37,8440.87126St & RiverRd- WtoLynnwoodBlvd th 17,5340.40126Statbridge & GolfcourseatWaterplant th 2,3280.05126St- EofGray- Nside th 119,7902.75126St. Medians- ShelborneRd. toTowneRd. st131 St. (MainSt)–IllinoisSt. toShelborneRd. 251,7775.78R.O.W. andMedians (579Trees) st131 St. andShelborneRd.* 180,9314.15Roundabout, median, dividerislands, andR.O.W. turf th136 St. andTowneRd.* 3,5730.08Roundaboutturfplus4dividerislands 136thSt & CareyRd*- RoundaboutandAllofROW25,9160.59 136thSt & GrayRd- Roundabout, SplitterIslands, & SWCorner20,9090.48 th 3,9820.09136St & IllinoisSt*- Weed-eatbyhandrail th 8,5330.20136St- EofTowneRd (4spots)- BothsidesofAbercornSt th136 St. – OakRidgeRd. toDitchRd. 372,2858.55R.O.W. , Roundabout turf and Medians (407 Trees) th136 St. (SmokeyRow) andRangeLineRd.* 36,1500.83Roundabout, NWCorner, SWCorner st 7,8970.18141St & IvyBridgeDr- SouthsidetoBuckhornDr AvianWay / CherryCreekBlvd. andHazelDellPkwy. 8,5850.20Roundaboutturf, 4dividerislands, andR.O.W. th 1,6990.04CareyRd- from146 SttoHawthorneDr- Eastside CarmelCityHall* 45,0001.03NorthLawnofCityHalltobemowedtwiceperweek; MondayandThursday* CarmelDr & CityCenter*- Roundabout, Medians, & SplitterIslands14,8110.34 CarmelDr & GradleDr- Sideditch4,5500.10 CarmelDr & GuilfordRd*- Roundabout36,2940.83 Carmel Dr & Old Meridian- Roundabout and divider islands20,6060.47 CarmelDr & RangelineRd- Roundabout & SplitterIslands11,3260.26 CarmelFireStationandNorthParkingLot*32,0000.73 CarmelJapaneseGarden*30,0000.69 CarmelPoliceStation*20,0000.46 CherryTreeAve & CherryTreeRd- Theditchatthecurve1,7180.04 ChesterRd & LakewoodDr3,3200.08 CityCenterDr & GuilfordRdRoundabout*23,5270.54 CityCenterDr & PennsylvaniaSt- Roundabout22,1530.51 CityCenterDr. –PennsylvaniaSttoKeystonePkwy 230,4325.29MediansandR.O.W. (376Trees) ClarkSt—fromCarmelDrtoAdamstoGuilfordRd13,6390.31 ClayCenterRd- Northof116thSt5,8380.13 ClayCenterRd- SouthofMainSt- Guardrails3,7460.09 CollegeAve & I-465- Hills1,3200.03 th 16,1170.37CollegeAve—between116 StandPennsylvaniaPkwy- MediansandR.O.W. th 16,3800.38CommerceDr- 99 SttoRetailPwky- Eastside CongressionalBlvd—betweenPennsylvaniaPkwyandCityCenterDr 40,5110.93IslandsandR.O.W. DitchRd- from96thSttojustSof106thSt44,3401.02 stthDitchRd. – 131 to146 St. 332,9757.64Medians, R.O.W. andRoundaboutTurf (120Trees) Onlyusea30” moweraroundtheplantingbeds* ExecutiveDr & SRangelineRdRoundabout18,7620.43 th 30,1800.69FourpointsaroundCoolCreekBridgeon126St GrandBlvd- Westend- Northside6,9650.16 GrandBlvd. East – OldMeridiantoGuilford 25,1240.582MediansandR.O.W. (57Trees) GrayRdatMainSt- SalmosttoWembleyRd- bothsides75,5511.73 GrayRd- Eyebrows- NorthofGrayRdonWestsideofRoad22,8240.52 thth 30,7700.71GrayRd- from116 Stto106 St- Westside ththGrayRd. – 96 St. to106 St. Medians, R.O.W. andturfat 261,3606.00Roundaboutat106thSt. (217Trees) GuilfordRd- NofCityCenter- Eside (sidewalktocurb)1,9740.05 GuilfordRd- NofCityCenterWside (justcheck)3,7300.09 GuilfordRd- NorthofMainSt- Eastside3,2000.07 GuilfordRd, SofMainSt8,2240.19 HarrowgatetoMaplecrestDr- Ssidetobridge2,9800.07 HawthorneDr & SmokeyRowRd52,7511.21 HawthorneDrW & CareyRdRoundabout*- IncludesallROW9,6020.22 ththHazelDellPkwy. – 96 St. to146 St. 2,683,29661.60IncludingRoundaboutLawn, Medians, R.O.W. (2000Trees) th 10,3800.24Illinois & 111 St- SEcorner IllinoisSt – CarmelDrtoDorset 3,9600.091Median- (7 Trees) & W side ROW IllinoisSt & SpringmillTurf (Near465Overpass) 53,9021.24Roundabout & SplitterIslands & WROWArea thIllinoisSt. - 106 SttoCarmelDr 962,12922.09IncludesMedians, ROW, 623Trees, Roundabouts thIllinoisSt. – MainSt. northto136 St 221,1425.08IncludesR.O.W. andMedians KeystoneAve- 96thStto146thSt 611,50814.04SidesandMedians 34,1770.78KeystonePkwyandRangeline- Lowe'sWayConnector LakefrontCt & CarmelDr11,0860.25 Lowe’sWay- Roundabout17,5960.40 MainSt & BrookshirePkwytoGrayRd- Sside21,6690.50 MainSt & GrayRd & BrookshirePkwy- Allof149,9273.44 53,5611.23MainSt & GrayRd- RoundaboutandNWcornerheadingNorth MainSt & HawthorneDr- N & Ssideofroad- E & WofHawthorneDr73,0941.68 MainSt & Maplecrest1,2320.03 MainSt & ShermanDr- S.W. Corner- EandW27,6750.64 MainSt & YorkDr1,0820.02 MainSt- EofHazelDellPkwy- SsidetoDoubleEagleDr65,9751.51 MainSt- EastofGrayRdtowoods- Sside34,8480.80 Main St & Guilford Rd Roundabout12,3130.28 MainSt- FromCoolCreekW-toLogCabin- Nside2,6400.06 MainSt- Medians & PennsylvaniaStRoundabout 108,7612.50MediansbetweenOldMeridian & PennsylvaniaSt; Penn. RAB & sides MainSt- SsidebylastbridgetoRABatRiverRd79,0611.81 MainSt, btwnCoolCreek/ RedOak- handraileveryothertime6420.01 MainSt.- IllinoisSttoOldMeridianSt.205,6084.72 MedicalDr@GovernorSqApts11,3880.26 thth 20,7840.48MichiganRd- 116 Stto96 St ththOakRidgeRd. – 136 St. to146 St. 320,5437.36IncludesRoundabouts, Medians, andR.O.W. (130Trees) OldMeridianSt. – PennsylvaniatoGuilford 68,2091.57R.O.W., Medians, 4Roundabouts OliviaBuilding*- MainSt & OldMeridianSt11,8510.27 PalladiumandTheGreenatCityCenter- Allturf 102,0032.34IncludingCityCenterLandscapeBedsNofCityCenterBuilding* TheGreenMUSTbemowedThursdayofeachweek* th 20,8000.48PawneeRd & 126 St PennsylvaniaSt & CarmelDrRoundabout29,5270.68 PennsylvaniaSt. Medians- OldMeridianto103rdSt.291,4166.69 PointePkwy.- MediansOnly6,0980.14 RangelineandCityCenterRoundaboutandROWbeds10,1950.23 th 5,5500.13RangelineRd – 136 SttoCircleDr RangelineRd – CarmelDrtoNofCityCenter- Medians27,2570.63 th 5,5500.13RangelineRd- Nof136 St- mediansadjustedduetonewlandscapebeds rd 5,5760.13RangelineRd—3 StSWtoCreeksideDr- Sof116thSt th 384,6358.83RiverRd – Sof146 StCommunityDr- MediansandROWtoTallTimberRun ndth 51,1771.17RiverRd- 122 Stto126 St RohrerRd- AcrossfromMononParkingLot6,9170.16 th 5,0400.12RohrerRd- Sof146 St- Eside SaddlebrookAddition- FromTowneRdtoDitchRd91,3892.10 ShelborneRd- fromSouthof116thSttoNof96thSt126,2852.90 thShelborneRd. – NorthRealignmentat116 St 12,8850.30Includes1Median- (154Trees) ShelborneRd. Medians- 126thSt. Roundabout, StoAbneyPointDr.26,1360.60 Smokey & Carey-Blackhandrailandguardrail1,3340.03 Smokey & GrayRd.- Sofculvert2000.00 st 9,2430.21SmokeyRowBridge- Eof1 AveNE Smokey- WofGrayRdditchNside6800.02 SpringMillRd- 106thStto146thSt 1,632,61637.48IncludesRoundabouts, Medians, & ROWTrees (229Trees) Onlyusea30” moweraroundtheplantingbeds* SpringMillRdat465-N & Sofbridgeto96thSt73,0501.68 SpringMillRd. & IllinoisStRoundabout*53,9021.24 SpringMillRd. andDorset*- Roundaboutturfplus4dividerislands5,5970.13 thTowneRd. – 116 St. to146thSt. 250,9705.76IncludesMedians, R.O.W., andDividerIsland (286Trees) US- 31; 96thStto146thSt; Includesallroundabouts, sideROWs, medians2,232,18651.24 ththWestfieldBlvd. – 99 St. to96 St. 411,8479.45IncludesMedians, R.O.W., andDividerIslands (106Trees) Woody’s- BuildingWestof1,5700.04 Woody’s- TwobuildingsNorthof8,5400.20 TOTAL AREAS16,288,756373.94 2021 Total Mowing Out of Right-of-Way LocationSq FtAcres th 45,4901.0496 & WestfieldBlvd*- NECornerLotAll GrassyAreaAcrossfromSilverDoorSalonatCityCenter5450.01 IndianaDesignBuilding- 1stStSW & RangelineRd1,3760.03 OldMeetingHall2,7690.06 TarkingtonBuilding- SouthSide16,5060.37 Veterans Memorial Lawn*- 3rd Ave across from the Palladium and Center Green20,0000.46 TOTAL86,6862 Sq FtAcresChangestothe2022ContractforLandscaping/ Mowing Areas 111th St & College Roundabout- landscaping and grass 850 116th St & Westfield Blvd- Both sides near culvert pipe- grass only 4,800 Main St & Gray Rd- Brookshire Lakes to Fire Station- N side- grass only 4,800 TOTAL10,450 1/26/2023 TRUGREEN LOUISVILLE, KY 40290--1033 108473 PO BOX 9001033 City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 359201 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 73666 2201Department:2201Fund:Motor Vehicle Highway FND 43-504.00Account: Fertilization1 $239,277.34 $239,277.34Each 239,277.34SubTotal 239,277.34 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. 108473 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner 1/26/2023 TRUGREEN LOUISVILLE, KY 40290--1033 108472 PO BOX 9001033 City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 359201 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 73665 1206Department:101Fund:General Fund 43-504.00Account: Fertilization1 $6,999.80 $6,999.80Each 6,999.80SubTotal 6,999.80 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. 108472 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner CzTfshfzHsfdivlijobu:;56bn-Gfc19-3134 United Diagnostic Services, LLC Fire Department - 2023 Appropriation # 1120 101 43-407.01 Fund; P.O. #108505 Contract Not To Exceed $51,300.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Departments\\CFD\\2023\\United Diagnostic Services, LLC Goods and Services.docx:2/7/2023 11:12 AM\] 2 United Diagnostic Services, LLC Fire Department - 2023 Appropriation # 1120 101 43-407.01 Fund; P.O. #108505 Contract Not To Exceed $51,300.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. S:\\Contracts\\Departments\\CFD\\2023\\United Diagnostic Services, LLC Goods and Services.docx:2/7/2023 11:12 AM\] 3 United Diagnostic Services, LLC Fire Department - 2023 Appropriation # 1120 101 43-407.01 Fund; P.O. #108505 Contract Not To Exceed $51,300.00 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Fire Department Office of Corporation Counsel 10701 N College Avenue, Suite A One Civic Square Carmel, Indiana 46280 Carmel, Indiana 46032 If to Vendor: United Diagnostic Services, LLC 1400 Avenue Z, Suite 301 Brooklyn, New York 11235 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. S:\\Contracts\\Departments\\CFD\\2023\\United Diagnostic Services, LLC Goods and Services.docx:2/7/2023 11:12 AM\] 4 United Diagnostic Services, LLC Fire Department - 2023 Appropriation # 1120 101 43-407.01 Fund; P.O. #108505 Contract Not To Exceed $51,300.00 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2023 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. S:\\Contracts\\Departments\\CFD\\2023\\United Diagnostic Services, LLC Goods and Services.docx:2/7/2023 11:12 AM\] 5 Ray Lankin CEO 474240849 2/7/2023 Exhibit A Service Agreement For Carmel Fire Department (‘Host’) stThisAgreement (“Agreement”) is made this February 1, 2023 (“Effective Date”) between Carmel Fire Department, whose address is 2 Civic Square, Carmel, IN 46032 (“Host”), United Diagnostic Services, LLC, (collectively referred to as “UDS”), whose address is 1400 Ave Z, Suite 301, Brooklyn, NY, 11325 SERVICES TO BE PROVIDED BY UDS: 1. Ultrasound Screening Services UDS will provide onsite screening services to specified Host locations on as needed basis and pre-arranged dates to conduct the screening tests and services identified in Schedule 1. Individual results will be sent directly to the homes of participants; HIPAA compliant Aggregate Reports will be provided to Host, if applicable. Participant approval isrequired to forward results to managing physician. Services that are the practice of medicine will be provided by applicably licensed professionals employed and/or engaged by UDS. In the event that a participant desires to obtain professional items and services from aprovider, the same shall be arranged through separate arrangements directly between the provider and the participant. All services shall be provided subject to the terms and conditions set forth inthe Terms and Conditions attached to this Agreement. 2. Promotion. UDS will support the success ofHost’s wellness program by designing and supplying announcements, invitations, letters, signs, brochures and posters inboth electronic and hard copy form. These will be customized to detail the coordination of any existing Wellness efforts and Benefit Plans of Host organization. 3. Registration. Advance registration ensures prompt, timely administration of the screenings, minimizing the disruption ofthe employee’s time. UDS will publish a toll free number for employees, provide web based scheduling portal and coordinate any other required registration requirements with Host. 4. Hold Harmless. UDS and/or the professional entity with which it contracts to provide the services of licensed professionals assumes all liability for all services conducted and the accuracy and privacy of individual results. As between UDS and Host, UDS shall indemnify and hold Host harmless from any liability arising from the services provided pursuant to this Agreement. 5. Confidentiality. UDS agrees to hold all screening information and/or Host benefits information confidential and will not sell or disclose any Individually Identifiable Health rdInformationtoany3 party. 6106.100/1122 1 6. Education sessions. Section omitted. 7. Payment for services. Specific professional, delivery, and educational services, including, but not limited to, ultrasound screening, annual wellness visits with physicians provided at the request ofparticipants shall be billed and collected through Host and/or Host’sthird party administrator of self-insured health plan. To the extent that payment made by third party administrator is less than the contractual amounts set forth in this Agreement, Host shall pay the difference to UDS. UDS has arranged for itscontracted professional entity and its providers to provide services according to the fee schedule set forth on Schedule 1 ifdesired and selected to do soby Host’s health and wellness plan beneficiaries. Host acknowledges and agrees that such charges are not subject to third party payer or plan audit and/orrepayment demand and that Host shall indemnify, defend, and hold UDS and its professional entity contractors harmless from and against any and all claims or demands for repayment by Host’s third-party administrator. 8. Remittance of Fees. Remittance of the fees will be made to UDS at the following address, within thirty (30) days of invoicing: United Diagnostic Services, LLC 1400 Ave Z, Brooklyn, NY, 11235. RESPONSIBILITIES OF HOST 1. Executive Sponsorship. Host shall identify key managers or executives who shall assist through the sponsorship and endorsement of any health and wellness promotion. 2. Communication. Host will grant UDS access to normal communication channels with employees/members; including home mail, e-mail, payroll stuffers, newsletters, public postings orany method of employee communication normally utilized. All promotional materials will be approved by Host in atimely manner. 3. Benefits Information. Host shall provide specific details of wellness efforts or other benefits as appropriate to UDS for inclusion in education or promotion efforts. 4. Confidentiality. Host will not disclose the terms or pricing of the UDS screening event rdwithany3 party. 6106.100/1122 2 ACCEPTANCE: HOST: Carmel Fire Department Signature: ______________________________ Title: _____________________________ Print Name: ______________________________ Date: _____________________________ United Diagnostic Services, LLC Signature: ______________________________ Title: _____________________________ Print Name: ______________________________ Date: _____________________________ 6106.100/1122 3 UDS - TERMS AND CONDITIONS 1. Representations and Warranties. UDS warrants that ithasthe necessary resources, including technology, equipment, software, programs and trained personnel toproperly perform the screening services described herein consistent with standard practices; that itwill perform the screening services described herein inaprofessional manner; that it isaduly formed organization in good standing under the laws of the state inwhich the screening will occur; that itmaintains professional and general liability insurance coverage inasufficient amount forcoverage against risks reasonably anticipated inproviding the screening services; that ithas the authority toenter into and perform obligations set forth inthis Agreement; and that this Agreement does not violate any law orregulation towhich UDS issubject. 2. ERISA Disclaimer. The parties acknowledge and agree that UDS will provide population health management services to Host under this Agreement. Inproviding such service, the parties agree that UDS will not exercise any discretionary authority over the management ordisposition ofassets ofany welfare benefit plan (as such term isdefined in the Employee Retirement Income Security Act of1974 ("ERISA"). UDS’sduties will belimited to providing certain contractually agreed upon services as herein set forth. Therefore, the parties agree that UDS isnot a fiduciary (assuch term isdefined by ERISA Section 3(21)) with regard to Host'shealth benefits plan orany health and welfare benefit plan. 3. UDS Indemnification. As between UDS and Host, UDS agrees that itwill hold harmless and indemnify the Host for any third party claims arising out ofany negligent act oromission or intentional misconduct by UDS and/orits contracted provider(s) inthe performance ofscreening services under this Agreement. UDS shall be obligated tohold harmless andindemnify the Host inconnection with such claim only if, and tothe extent, ajudicial determination ismade of UDS’snegligence orintentional misconduct. 4. Promotion Support. To the extent that UDS provides theHost with any electronic or printed materials (the “Promotion Materials”), itprovides these materials subject toalimited license tothe Host to use the Promotion Materials for the Host’sown use. UDS may revoke this license at its discretion atany time. The license shall expire upon completion ofthe wellness event orthe agreement between Host and UDS. The Host may not copy ordistribute the Promotion Materials in any manner except as may be agreed toinadvance by UDS. 5. Excuse of Performance. UDS shall not be responsible ifits performance of this Agreement is interrupted ordelayed by contingencies beyond its control, including, without limitation, acts ofGod, war, lockouts orother labor orindustrial disturbances, fires, accidents toequipment, injunctions orcompliance with laws, regulations ororders ofany governmental body (whether now existing orhereafter created). In such event, UDS shall use best efforts toprovide reasonably alternative services. 6. Independent Contractor. UDS’s relationship with theHost pursuant hereto isthat ofan independent contractor, and nothing inthis Agreement shall be construed todesignate UDS asan employee, agent or partner ofor ajoint venture with Host. 7. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties and cancels and supersedes allprior negotiations, representations, understandings oragreements, whether written ororal, with respect tothis Agreement. This Agreement shall bebinding upon and shall inure to the benefit ofthe successors, assigns legal representatives and heirs ofthe parties hereto; provided, 6106.100/1122 4 however, that the Host may not assign itsrights ordelegate its obligations under this Agreement without the prior written consent of UDS, which consent shall not beunreasonably withheld. UDS - TERMS AND CONDITIONS CON’T 8. Governing Law. This Agreement shall be governed by and construed inaccordance with the laws ofthe State of New York without regard tothe conflicts oflaws or rules ofany jurisdiction. 9. Notices. Allrequired notices or those which the parties may desire togive under this Agreement shall be inwriting and communicated inadvance. 10. Originals. Acopy orfacsimile ofthis Agreement shall beas effective asan original. 6106.100/1122 5 SCHEDULE 1 HEALTH FAIR DETAILS ACCOUNT Account name. – Carmel Fire Department DETAILS Estimated Employee Participation TBD ththDateofEvent(s): March 13-17, 2023 Event(s) Duration: TBD Event(s) Location: TBD APPOINTMENT PROCEDURES & PRICING Ultrasound Screening Packages to include the following: 1. Echocardiogram (Valve function, Heart Pumping Ejection Fraction), Carotid Doppler, Aortic Aneurysm (AAA), Thyroid, Complete Abdomen (Liver, Spleen, Gall Bladder, Kidney), Bladder Ultrasound, Pelvic (External Women only), Testicular (Men only): 300.00 – 30 minutes 2. Onsite program delivery fee outside of New York Included 3. Nurse Practitioner Positive Result Consultation Included nd4. 2 Outreach for abnormal results With coordination of care recommendations Included Bill To: Carmel Fire Department ADDRESS 2 Civic Square, Carmel, IN 46032 Host Initial: United Diagnostic Services Initial: 6106.100/1122 6 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $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 Ray Lankin United Diagnostic Services, LLC CEO 7th February 23 Ray Lankin INDIANA RETAIL TAX EXEMPT City ®f Carmel CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT ONE CIVIC SQUARE 35-6000972 CARMEL, INDIANA 46032-2584 ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 IASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. 2/6/2023 377027 Page 1 of 1 PURCHASE ORDER NUMBER 108505 THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE DESCRIPTION FF Ultrasound Screening UNITED DIAGNOSTIC SERVICES LLC Carmel Fire Department VENDOR 1400 AVENUE Z SHIP 10701 N. College Avenue, Ste A SUITE 301 TO Carmel, IN 46280- BROOKLYN, NY 11235 - PURCHASEID BLANKET CONTRACT PAYMENTTERMS FREIGHT 73941 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1120 Fund: 101 General Fund Account: 43-407.01 171 Each Ultrasound Screening Package per Quote - Health Fair $300.00 $51,300.00 Details Sub Total $51,300.00 CAA Send Invoice To: Carmel Fire Department 2 Civic Square `' /, Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $51,300.00 SHIPPING INSTRUCTIONS * 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 SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL - THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Denise Snyder James Crider TITLE Accreditation/Budget Administrator Director of Administration CONTROL NO. 108505 CONTROLLER Approved by IN Design Center-Amy Mehall 2-1-20 Clerk 2-8-23 BPW 2-15-23 CPD Horner 2-6-23 CFD Heavner 2-2-23 CRED Brewer 2-8-23 Reviewed/approved via email 15th February 23 Clerk 2-8-23 BPW 2-15-23 Reviewed/Approved Via Email CPD Horner 2-6-23 CFD Horner 2-6-23 CRED Brewer 2-8-23 15th February RESOLUTION NO. BPW 02-15-23-01 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, APPROVING THE TRANSFER AND PRESENTATION OF PISTOL AND BADGE WHEREAS, pursuant to IC 5-22-22-6, the Board of Public Works and Safety of the City of Carmel, Indiana (“Board”), may transfer to another certain personal property; and WHEREAS, Officer R. Scott Spillman has provided over 19 years of meritorious service to the Carmel community as a Carmel City Police Officer, and will be retiring on March 3, 2023; and WHEREAS, it has been a long-standing policy and practice of the Carmel Police Department to present to each of its sworn officers, upon retirement, their badge and firearm. NOW, THEREFORE, BE IT RESOLVED by the Board, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The following items may be transferred and presented to Officer R. Scott Spillman upon his retirement, at the direction of the Chief of Police: Officer Spillman’s Service Weapon, Glock Model 19, 9 mm Pistol and accessories and Carmel Police Department Badge/marked “Retired.” SO RESOLVED. Resolution No. BPW 02-15-23-01 Page One of Two Pages This Resolution was prepared by Jon Oberlander, Carmel Corporation Counsel, on 2/1/2023 at 12:04 PM. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this day of , 2023, by a vote of ayes and nays. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety (“Board”) By: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: Resolution No. BPW 02-15-23-01 Page Two of Two Pages This Resolution was prepared by Jon Oberlander, Carmel Interim Corporation Counsel, on 2/1/2023 12:04 PM. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. 01/23/23 On-Going 2/7/23 On-Going February 23 February 23 February 23 February 23 --------------------- 12895 Old Meridian.