HomeMy WebLinkAboutJoint Use and Maintenance Agreement -INDOT & City - Landscaping Along US 31JOINT USE AND MAINTENANCE AGREEMENT
Between
THE INDIANA DEPARTMENT OF TRANSPORTATION
And
THE CITY OF CARMEL
Concerning CzKpoPcfsmboefsbu21;33bn-Tfq24-3134
LANDSCAPING ALONG US 31
This Joint Use and Maintenance Agreement (“Agreement”), made by and between the State of
Indiana, acting by and through the Indiana Department ofTransportation (hereinafter referred to
as “INDOT”), and the City of Carmel, Indiana (hereinafter referred to asthe “CITY”), jointly
referred to as the “PARTIES,” isexecuted pursuant to the terms and conditions setforthherein and
shall be effective as of the date of approval by the Office of the Indiana Attorney General.In
consideration of those mutual undertakings and covenants, the PARTIESagreeas follows:
RECITALS
WHEREAS, the CITY has applied for Permit #T0000174740, to install a landscaping
buffer to assist with reduction in noise within state owned or controlled right-of-way along
northbound US 31 from approximately MM 127.9to MM 128.1 in Carmel, Indiana, (hereinafter
referred to as the “Landscaping”), as depicted in Exhibit A, attached hereto and incorporated
herein; and
WHEREAS, the PARTIES desire to delineate responsibilities for the installation and
maintenance of the Landscapingand all associated costs therewith; and
WHEREAS, the CITY shall be solely responsible for all costs associated with the
installation and maintenance of the Landscaping; and
WHEREAS, the installation and maintenance of the Landscaping will occur within the
state-owned or controlled right-of-way, under the jurisdiction ofINDOT, asshown in Exhibit A;
and
WHEREAS, it is ofmutual interest for the PARTIES to cooperate inproviding highway
beautification improvements for the aesthetic appeal to the public;
NOW THEREFORE, in consideration of thepromises and the mutually dependent
covenants herein contained, the PARTIES hereto agree as follows:
ARTICLE I. PURPOSE AND TERM
1.1. Recitals.The Recitals recorded above are incorporated by reference into this Agreement.
All captions, section headings, paragraph titles and similar items are provided for the purpose of
reference and convenience and are not intended to be inclusive, definitive or to affect the
interpretation of this Agreement.
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1.2. Purpose. The purpose of this Agreement is to delineate costs and responsibilities for the
installation and maintenance of the Landscaping inthe state-owned or controlled right of way
ROW”).
1.3. Term. This Agreement shall be for a ten (10) year period, commencing as of the date
approved as to form and legality by the Attorney General of Indiana, or an authorized
representative, and shall be subject torenewal upon the same terms for three (3) successive ten
10) year periods. This Agreement shall be subject to cancellation and termination by either party
upon giving the other party thirty (30) days written notice of such action.
ARTICLE II.CITY’S RESPONSIBILITIES
2.1.Financial Responsibilities. The CITY shall have sole responsibility for all associated
costs with the design, installation, maintenance, improvement, and removal of the Landscaping.
To the extent permitted by law, in addition to the terms agreed upon pursuant to Section 4.22 of
this Agreement, the CITY shall indemnify and hold INDOT harmless for any claims arising out
of the Landscaping within the ROW.
2.2.Project Responsibilities. The CITY shall have sole responsibility for the design,
installation, maintenance, improvement, and removal of the Landscaping. The CITY shall develop
plans for construction and installation of the Landscaping. INDOT shall be provided the
opportunity to review and approve alldesign plans, and the CITY shall promptly ensure that any
changes required by INDOT are incorporated into final plans. The CITY understands and agrees
that INDOT shall be the sole and final decision maker on anything that is related to and/ormay
impact the quality and function of US 31. The CITY shall conduct all installation and construction
work of the Landscaping inaccordance with all applicable federal and state laws aswell as INDOT
and FHWA standards and good engineering practices as set forth in the following: (1) Title 23, US
Code, Highways, (2) the regulations issued pursuantthereto, (3) the Americans with Disabilities
Act of 1990, (4) I.C. 36, and (5) the policies and procedures promulgated by INDOT and FHWA
relative to the Agreement. The CITY shall comply with all terms and conditions ofits Permit.
2.3.Maintenance Responsibilities. The CITY shall perform, orcause to be performed, all
necessary routine maintenance for the Landscaping in accordance with all applicable state and
federal laws, as well as INDOT standards, policies, and procedures relative to this Agreement.
The CITY understands and agrees that if the Landscaping isdamaged or need to be replaced, it
is the CITY’sresponsibilityto repair or replace the Landscaping within ninety (90) days. If the
CITY has not repaired or replaced the Landscapingwithinninety (90) days after INDOT
deemed it necessary to repair or replace the Landscaping, INDOT may remove the damaged
Landscapingat the CITY’s expense. Maintenance activities performed on any portion of the
Landscaping shall not create any adverse impact or interfere with the safety and travel of the
motoring public.The CITY must keep adequate sight distance to the highway signage located
along and in front of the Landscaping.
2.3.1. Maintenance Plans. Prior to the commencement of any maintenance activities
performed within the ROW, the CITY shall submit to the Greenfield District Permit
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Manager (“Permit Manager”) a maintenance plan for approval prior to
commencement of any maintenance activities within the ROW. The maintenance
plan shall identify the types of maintenance activities to be completed and an
estimated schedule of when these activities will occur. The plan shall include a
Maintenance of Traffic plan. The Permit Manager shall promptly notify the CITY
of any concerns or deficiencies in the plan.
2.3.2Modifications to Landscaping. The CITY shall not erect any signs, sculptures, or
structures within the ROW without the prior approval of INDOT. If the CITY
wishes to install additional improvements within the ROW, prior toinstallation, the
CITY shall apply for apermit, submit adesign plan to the Permit Manager for
review and approval, and enter into an amendment to this Agreement.
2.3.3Removal of Landscaping.
A. Upon termination of the Agreement pursuant to Section 1.3, the CITY may
be required to remove the Landscaping upon INDOT’srequest. Failure to
remove the Landscaping may result in INDOT removing the Landscaping
and billing the CITY for costs of removal.
B.In the event that INDOT determines, in its sole reasonable discretion, that
the CITY is not adequately maintaining the Landscaping, or for any other
justified reason (i.e., safety concerns for the motoring public, change in
policy, requirement for compliance with federal law or other federal
mandate, etc.), INDOT may order the CITY to remove or modify the
Landscaping atthe CITY’s expense. Except incases of emergency (i.e.,
eminent threat ofharm tothe traveling public), INDOT will provide ninety
90) days written notice to the CITY that the Landscaping must be removed
or modified. If the Landscaping is not removed or modified to INDOT’s
satisfaction within ninety (90) days of issuance of notice under this section,
INDOT may remove the Landscaping and bill the CITY for the costs of
removal.
C. The CITY understands and agrees that it shall not be entitled to any damages
orany other compensation in the event that INDOT requires complete or
partial removal of the Landscaping for any reason.
2.4. Use of State Right-of-Way.
2.4.1. Subject to the terms and conditions of this Agreement, INDOT grants permission
to the CITY, its employees, and its contractors to enter upon ROW for the sole and
exclusive purposes of installing, inspecting, maintaining, operating, and repairing
the Landscaping. The CITY shall notify INDOT of its intent of entering on to the
ROW whenever doing so could affect flow of traffic or the safety of the traveling
public on US 31at least ten (10) business days before commencing any such work.
This includes even routine maintenance and repair activities if traffic on US 31may
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beaffected. Pursuant to applicable state and federal law, for highway and limited
access facilities, INDOT must grant written permission for each entry into the
ROW, which must be based on specific traffic control and/or worker safety plans.
Accordingly, as a condition precedent to giving effective notice, the CITY shall
provide to INDOT all such traffic control and worker safety plans and other
information as INDOT shall request or require in connection with granting such
permission. The CITY shall not enter upon the ROW until the CITY has received
written approval via a permit from INDOT, which shall not be unreasonably
withheld, to enter upon the ROW. INDOT shall only be required to approve the
CITY’s request to enter upon ROW ifthe CITY’s request is consistent with all
applicable federal and state laws and this Agreement.
2.4.2. Any use ofthe ROW permitted by this Agreement remains secondary to the interest
of INDOT to use the State ROW for highway or other transportation purposes. The
CITY agrees that it shall surrender the ROW upon which the Landscaping is
located, whether in part or in its entirety, if, in INDOT’s discretion, the ROW or
any portionthereof, is required for future expansion, modification, or maintenance
of US 31. The PARTIES understand that this Agreement does not: (1) grant any
interest or other rights in the land, either temporarily or permanently; or (2)
establish a shared-use facility which would require replacement if INDOT has a
need to use the affected property for highway purposes in the future.
ARTICLE III. INDOT’S RESPONSIBILITIES
3.1.Financial Responsibilities. Under no circumstances shall INDOT be responsible for any
costs associated with the design, installation, maintenance, improvement, or removal of the
Landscaping.
3.2. Project Responsibilities. INDOT shall have the right to review and approve all design
plans for the Landscapingthat are to be constructed and located on ROW. INDOT shall
promptly notify the CITY in the event that changes are required. INDOT shall be the sole and
final decision maker on anything that is related to and/or may impact the quality and function of
US 31. INDOT shall have approval authority for the CITY’smaintenance of the Landscaping and
for any improvements to the Landscaping located within the ROW. Such review and approval
shall be completed in a reasonable period oftime. Under no circumstances shall INDOT be
responsible for any work associated with the design, installation, maintenance, improvement, or
removal of the Landscaping.
3.3. Future Maintenance. INDOT shall maintain any INDOT structures located within the
ROW. INDOT shall have no maintenance responsibilities regarding the Landscaping. In the event
the CITY fails to timely complete any necessary repairs or maintenance tothe Landscaping in the
interest of the safety of the motoring public, INDOT may complete any necessary repairs or
maintenance and invoice the CITY for the total cost of the repair. The CITY shall pay each invoice
within thirty (30) days of issuance of the invoice. If INDOT orits contractors damage the
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Landscaping during maintenance activities that fall under this section, INDOT has no
responsibility to repair or to compensate the CITY for the cost of repairs.
ARTICLE IV. GENERAL PROVISIONS
4.1. Access to Records.The CITY shall maintain all books, documents, papers, correspondence,
accounting records and other evidence pertaining to the cost incurred under this Agreement, and
shall make such materials available at their respective offices at all reasonable times during the
period of this Agreement and for ten (10) years from the date of final payment under the terms of
this Agreement, for inspection or audit by INDOT, or its authorized representative, and copies
thereof shall be furnished free of charge, if requested by INDOT. The CITY agrees that, upon request
by any party orstate or federal agency, INDOT may release or make available to the agency any
working papers from an audit performed by INDOT of the CITY in connection with this Agreement,
including any books, documents, papers, accounting records and other documentation which support
or form the basis for the audit conclusions and judgments.
4.2. Assignment; Successors. \[OMITTED – NOT APPLICABLE.\]
4.3. Assignment ofAntitrust Claims.As part of the consideration for this Agreement, the
CITY assigns to the State all right, title and interest in and to any claims the CITY now has, or
may acquire, under state or federal antitrust laws relating tothe products orservices which are the
subject of this Agreement.
4.4. Audits. The CITY acknowledges that it may be required to submit to an audit of funds
paid, if any, through this Agreement. Any such audit shall be conducted in accordance with IC §5-
11-1, et seq., and audit guidelines specified by the State.
4.5. Authority to Bind the CITY.The signatory for the CITY represents that he/she has been
duly authorized to execute this Agreement on behalf of the CITY and has obtained all necessary
or applicable approvals tomake this Agreement fully binding upon the CITY when his/her
signature is affixed and accepted by the State.
4.6. Changes in Work. The CITY shall not commence any additional work or change the scope
of the work until authorized in writing by the State. This Agreement may only be amended,
supplemented or modified by awritten document executed in the same manner as this Agreement.
4.7. Certification for Federal-Aid Contracts Lobbying Activities. The CITY certifies, by
signing and submitting this Agreement, to the best of its knowledge and belief that the CITY has
complied with Section 1352, Title 31, U.S. Code, and specifically, that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the
CITY, to any person for influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
agreements, the making of any federal grant, the making of any federal loan, the entering
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into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal agreement, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence anofficer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, oran employee of
a Member ofCongress in connection with such federal agreement, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
Disclosure Form to Report Lobbying," in accordance with its instructions.
C.The CITY also agrees bysigning this Agreement that it shall require that the language
of this certification be included in all contractor agreements including lower tier
subcontracts, which exceed $100,000, and that allsuch sub recipients shall certify and
disclose accordingly. Any person who fails to sign or file this required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
failure.
4.8. Compliance with Laws.
A. The CITY shall comply with all applicable federal, state, and local laws, rules,
regulations, and ordinances, and all provisions required thereby to be included herein
are hereby incorporated by reference. The enactment or modification of any applicable
state or federal statute or the promulgation ofrules or regulations thereunder after
execution of this Agreement shall be reviewed by the State and the CITY to determine
whether the provisions of this Agreement require formal modification.
B. The CITY and its agents shall abide by allethical requirements that apply topersons
who have abusiness relationship with the State as set forth in IC §4-2-6, et seq., IC §4-
2-7, et seq. and the regulations promulgated thereunder. If the CITY has knowledge,
or would have acquired knowledge with reasonable inquiry, that a state officer,
employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has
a financial interest in the Agreement, the CITY shall ensure compliance with the
disclosure requirements in IC 4-2-6-10.5 prior to the execution of this
Agreement. If the CITY is not familiar with these ethical requirements, the CITY
should refer any questions to the Indiana State Ethics Commission or visit the Inspector
General’s website at http://www.in.gov/ig/. If the CITY or its agents violate any
applicable ethical standards, the State may, in its sole discretion, terminate this
Agreement immediately upon notice tothe CITY. In addition, the CITY may be subject
to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
C.\[OMITTED – NOT APPLICABLE.\]
D. \[OMITTED – NOT APPLICABLE.\]
E. \[OMITTED – NOT APPLICABLE.\]
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F. The CITY warrants that the CITY and its contractors shall obtain and maintain all
required permits, licenses, registrations, and approvals, and shall comply with all
health, safety, and environmental statutes, rules, or regulations in the performance of
work activities under this Agreement. Failure to do so may be deemed a material breach
of this Agreement and grounds for immediate termination and denial of further work
with the State.
G. \[OMITTED – NOT APPLICABLE.\]
H. As required by IC §5-22-3-7:
1. The CITY and any principals of the CITY certify that:
A) the CITY, except for de minimis and nonsystematic violations, has not violated
the terms of:
i) IC §24-4.7 \[Telephone Solicitation of Consumers\];
ii) IC §24-5-12 \[Telephone Solicitations\]; or
iii)IC §24-5-14 \[Regulation of Automatic Dialing Machines\]; in the previous
three hundred sixty-five (365) days, even if IC §24-4.7 is preempted by
federal law; and
B) the CITY will not violate the terms of IC §24-4.7 for the duration of the
Agreement, even if IC §24-4.7 is preempted byfederal law.
2. The CITY and any principals of the CITY certify that an affiliate or principal of the
CITY and any agent acting on behalf of the CITY or on behalf of an affiliate or
principal of the CITY, except for de minimis and nonsystematic violations,
A) has not violated the terms of IC §24-4.7 in the previous three hundred sixty-five
365) days, even if IC §24-4.7 is preempted byfederal law; and
B) will not violate the terms of IC §24-4.7 for the duration of the Agreement, even
ifIC §24-4.7 is preempted by federal law.
4.9. Condition of Payment. \[OMITTED – NOT APPLICABLE.\]
4.10. Confidentiality of State Information. \[OMITTED – NOT APPLICABLE.\]
4.11. Continuity of Services. \[OMITTED – NOT APPLICABLE.\]
4.12. Debarment and Suspension.
A. The CITY certifies by entering into this Agreement that neither it nor its principals nor
any of its contractors 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
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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 CITY.
B.The CITY certifiesthat it has verified the stateandfederal suspension and debarment
status for all contractors 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 contractor. The CITY shall immediately notify INDOT if any
contractor becomes debarred or suspended, and shall, atINDOT’srequest, takeallsteps
required by INDOTtoterminate itscontractual relationship with the contractor for work
to be performed under this Agreement.
4.13. Default by State. \[OMITTED – NOT APPLICABLE.\]
4.14. Disputes. \[OMITTED – NOT APPLICABLE.\]
4.15.Drug-Free Workplace Certification. As required by Executive Order No. 90-5 dated
April 12, 1990, issued by the Governor of Indiana, the CITY hereby covenants and agrees to make
agood faith effort to provide and maintain adrug-free workplace. The CITY will give written
notice to the State within ten (10) days after receiving actual notice that the CITY, or an employee
of the CITY, in the State of Indiana, has been convicted of a criminal drug violation occurring in
the workplace. False certification or violation of this certification may result in sanctions including,
but not limited to, suspension of contract payments, termination of this Agreement and/or
debarment of contracting opportunities with the State for up tothree (3) years.
In addition to the provisions of the above paragraph, if the total amount set forth in this Agreement
is in excess of $25,000.00, the CITY certifies and agrees that itwill provide a drug-free workplace
by:
A. Publishing and providing to all of its employees a statement notifying them that the
unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the CITY’s workplace, and specifying the actions that will
be taken against employees for violations of such prohibition;
B.Establishing adrug-free awareness program to inform its employees of (1) the dangers
of drug abuse in the workplace; (2) the CITY’spolicy of maintaining a drug-free
workplace; (3) any available drug counseling, rehabilitation and employee assistance
programs; and (4) the penalties that may be imposed upon an employee for drug abuse
violations occurring in the workplace;
C. Notifying all employees in the statement required by subparagraph (A) above that as a
condition of continued employment, the employee will (1) abide by the terms of the
statement; and (2) notify the CITY of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after such conviction;
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D. Notifying the State inwriting within ten (10) days after receiving notice from an
employee under subdivision C. (2) above, or otherwise receiving actual notice of such
conviction;
E. Within thirty (30) days after receiving notice under subdivision C.(2) above ofa
conviction, imposing the following sanctions or remedial measures on any employee
who is convicted of drug abuse violations occurring in the workplace: (1) taking
appropriate personnel action against the employee, up to and including termination; or
2) requiring such employee to satisfactorily participate in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local health,
law enforcement, orother appropriate agency; and
F. Making a good faith effort to maintain a drug-free workplace through the
implementation of subparagraphs A. through E. above.
4.16.Employment Eligibility Verification. As required by IC §22-5-1.7, the CITY swears or
affirms under the penalties ofperjury that the CITY does not knowingly employ anunauthorized
alien. The CITY further agrees that:
A. The CITY shall enroll inand verify the work eligibility status of all his/her/its newly
hired employees through the E-Verify program as defined in IC §22-5-1.7-3. The CITY
is not required to participate should the E-Verify program cease to exist. Additionally,
the CITY is not required to participate if the CITY is self-employed and does not
employ any employees.
B.The CITY shall not knowingly employ or contract with an unauthorized alien. The
CITY shall not retain an employee or contract with a person that the CITY subsequently
learns is an unauthorized alien.
C.The CITY shall require his/her/its subcontractors, who perform work under this
Agreement, to certify to the CITY that the subcontractor does not knowingly employ
orcontract with anunauthorized alien and that the subcontractor has enrolled and is
participating in the E-Verify program. The CITY agrees to maintain this certification
throughout the duration of the term of a contract with a subcontractor.
The State may terminate for default if the CITY fails tocure a breach of this provision no
later than thirty (30) days after being notified by the State.
4.17. Employment Option. \[OMITTED – NOT APPLICABLE.\]
4.18. Force Majeure. In the event that any party is unable to perform any of its obligations under
this Agreement or to enjoy any of its benefits because of natural disaster or decrees of
governmental bodies not the fault ofthe affected party (hereinafter referred to as a “Force Majeure
Event”), the party who has been so affected shall immediately or as soon as is reasonably possible
under the circumstances give notice to the other party and shall do everything possible to resume
performance. Upon receipt of such notice, all obligations under this Agreement shall be
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immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt
of notice of the Force Majeure Event, the party whose ability to perform has not been so affected
may, by giving written notice, terminate this Agreement.
4.19. Funding Cancellation Clause.As required by Financial Management Circular 3.3 and IC
5-22-17-5, when the Director of the State Budget Agency makes a written determination that funds
are not appropriated or otherwise available to support continuation of the performance of this
Agreement, this Agreement shall be canceled. A determination by the Director of State Budget
Agency that funds are not appropriated or otherwise available to support continuation of
performance shall be final and conclusive.
4.20. Governing Laws.This Agreement shall be governed, construed, andenforced in
accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit,
if any, must be brought in the State ofIndiana.
4.21.HIPAA Compliance.\[OMITTED – NOT APPLICABLE.\]
4.22.Indemnification. The CITY agrees to indemnify, defend, exculpate and hold harmless the
State of Indiana, INDOT, and their officials and employees from any liability due to loss, damage,
injuries, or other causalities of whatever kind, to the person or property ofanyone arising out of,
or resulting from the performance of this Agreement or the work connected therewith, or from the
installation, existence, use, maintenance, condition, repairs, alteration or removal of any equipment
ormaterial, to the extent such liability is caused by the negligence ofthe CITY, including any
claims arising out of any law, ordinance, order or decree. INDOT shall not provide indemnification
to the CITY. The CITY agrees to pay all reasonable expenses and attorney's fees incurred by or
imposed on the State and INDOT in connection herewith in the event that the CITY shall default
under the provisions of this Section.
4.23. Independent Entity; Workers’ Compensation Insurance. The CITY is performing as
an independent entity under this Agreement. No part of this Agreement shall be construed to
represent the creation of an employment, agency, partnership, or joint venture agreement between
the PARTIES. Neither party will assume liability for any injury (including death) to any persons,
or damage to any property, arising out ofthe acts or omissions ofthe agents, employees, or
subcontractors of the other party. The CITY shall provide all necessary unemployment and
workers’ compensation insurance for the CITY’s employees and shall provide the State with a
Certificate of Insurance evidencing such coverage prior to starting work under this Agreement.
4.24. Indiana Veteran Owned Small Business Enterprise Compliance. \[OMITTED – NOT
APPLICABLE\]
4.25 Information Technology Enterprise Architecture Requirements. \[OMITTED – NOT
APPLICABLE.\]
4.26. Insurance. The CITY shall cause and require the contractors installing or maintaining the
Landscaping to secure and keep in force during the term ofthis Agreement the insurance coverages
specified in the 2022 INDOT Standard Specifications.
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4.27. Key Person(s). \[OMITTED – NOT APPLICABLE.\]
4.28. Licensing Standards. \[OMITTED – NOT APPLICABLE.\]
4.29. Merger & Modification. This Agreement constitutes the entire agreement between the
PARTIES. No understandings, agreements, or representations, oral or written, not specified within
this Agreement will be valid provisions of this Agreement. This Agreement may not bemodified,
supplemented, or amended, except by written agreement signed by the necessary parties.
4.30. Minority and Women’s Business Enterprises Compliance. \[OMITTED - NOT
APPLICABLE.\]
4.31.Non-Discrimination.
A. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in
keeping with the purposes of the Civil Rights Act of 1964, the Age Discrimination in
Employment Act, and the Americans with Disabilities Act, the CITY covenants that it
shall not discriminate against any employee or applicant for employment relating to
this Agreement with respect to the hire, tenure, terms, conditions or privileges of
employment or any matter directly or indirectly related to employment, because of the
employee’s or applicant’s race, color, national origin, religion, sex, age, disability,
ancestry, status as a veteran, or any other characteristic protected by federal, state or
local law (“Protected Characteristics”). The CITY certifies compliance with applicable
federal laws, regulations and executive orders prohibiting discrimination based on the
Protected Characteristics in the provision of services. Breach of this paragraph may be
regarded as a material breach of this Agreement, but nothing in this paragraph shall be
construed toimply orestablish an employment relationship between the State and any
applicant or employee of the CITY or any subcontractor.
B. INDOT is a recipient of federal funds, and therefore, where applicable, the CITY and
any subcontractors shall comply with requisite affirmative action requirements,
including reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of
Executive Order 11246 as amended by Executive Order 13672.
The CITY agrees that if the CITY employs fifty (50) or more employees and does at
least $50,000.00 worth of business with the State and is not exempt, the CITY will
comply with the affirmative action reporting requirements of 41 CFR 60-1.7. The CITY
complies with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and
41 CFR 60-741, as amended, which are incorporated herein by specific reference.
Breach ofthis covenant may be regarded asa material breach ofAgreement.
It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights
Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational
Rehabilitation Act and related statutes and regulations in all programs and activities.
Title VI and related statutes require that no person in the United States shall on the
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grounds of race, color or national origin be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance. (INDOT’s nondiscrimination enforcement is
broader than the language of Title VI and encompasses other State and Federal
protections. INDOT’s nondiscrimination enforcement shall include the following
additional grounds: sex, sexual orientation, gender identity, ancestry, age, income
status, religion, disability, income status, limited English proficiency, or status as a
veteran.)
C. During the performance of this Agreement, the CITY, for itself, its assignees, and
successors in interest (hereinafter referred to as the “the CITY”) agrees to the following
assurances under Title VI ofthe Civil Rights Act of 1964:
1. Compliance with Regulations: The CITY shall comply with the regulations relative
to nondiscrimination in Federally assisted programs of the Department of
Transportation, Title 49 CFR Part 21, as they may be amended from time to time
hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this Agreement.
2. Nondiscrimination: The CITY, with regard to the work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, sex, sexual
orientation, gender identity, national origin, religion, disability, ancestry, or status
as a veteran in the selection and retention of subcontractors, including procurements
of materials and leases of equipment. The CITY shall not participate either directly
or indirectly inthe discrimination prohibited by section 21.5of the Regulation,
including employment practices when the Agreement covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the CITY for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the CITY of the CITY’s obligations under this Agreement, and the
Regulations relative to nondiscrimination on the grounds of race, color, sex, sexual
orientation, gender identity, national origin, religion, disability, ancestry, income
status, limited English proficiency, or status as a veteran.
4. Information and Reports: The CITY shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Indiana Department of Transportation and Federal
Highway Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of the CITY
is in the exclusive possession of another who fails or refuses furnish this
information, the CITY shall so certify to the Indiana Department of Transportation
12
DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660
or the Federal Highway Administration as appropriate and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the CITY’snoncompliance with the
nondiscrimination provisions of this Agreement, the Indiana Department of
Transportation shall impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate, including, but not limited to: (a)
withholding payments to the CITY under the Agreement until the CITY complies,
and/or (b) cancellation, termination or suspension of the Agreement, in whole or in
part.
6. Incorporation ofProvisions: The CITY shall include the provisions of paragraphs
1. through 5. inevery subcontract, including procurements ofmaterials and leases
of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto.
4.32. Notice to Parties. Whenever any notice, statement or other communication is required
under this Agreement, it shall be sent to the following addresses, unless otherwise specifically
advised:
A. For INDOT:
Valerie Cockrum
Technical Services Director – Greenfield District
32 South Broadway
Greenfield, IN46140
Email: vcockrum@indot.IN.gov
With Copy To:
Chief Legal Counsel and Deputy Commissioner
Indiana Department of Transportation
100 North Senate Avenue, Room N758
Indianapolis, IN 46204
Email: kshelby@indot.in.gov
B. For the CITY:
Daren Mindham
Environmental Planner
One Civic Square
Carmel, Indiana 46032
Phone: 317-571-2283
Email: dmindham@carmel.in.gov
4.33. Order of Precedence; Incorporation by Reference. \[OMITTED – NOT
APPLICABLE.\]
4.34. Ownership of Documents and Materials. \[OMITTED – NOT APPLICABLE.\]
13
DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660
4.35. Payments. \[OMITTED – NOT APPLICABLE.\]
4.36.Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required
obligations hereunder, and does not agree topay any penalties, liquidated damages, interest, or
attorney's fees, except asrequired by Indiana law in part, IC §5-17-5, IC §34-54-8, and IC §34-13-
1. Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State’s
failure to make prompt payment shall be based solely on the amount of funding originating from
the State and shall not be based on funding from federal or other sources.
4.37. Progress Reports. \[OMITTED – NOT APPLICABLE.\]
4.38. Prohibited Telecommunications and Video Surveillance Equipment and Services. In
accordance with federal regulations (including 2 CFR 200.216 and 2 CFR 200.471), the CITY is
prohibited from purchasing, procuring, obtaining, using, or installing any telecommunication or
video surveillance equipment, services, or systems produced by: (A) Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities), OR (B) Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua
Technology Company (or any subsidiary oraffiliate of such entities), for any purpose to fulfill its
obligations under this Agreement. The CITY shall be responsible to ensure that any contractors or
subcontractors are bound by and comply with the terms of this provision. Breach of this provision
shall be considered a material breach of this Agreement.
4.39. Public Record. The CITY acknowledges that the State will not treat this Agreement as
containing confidential information and will post this Agreement on its website as required by
Executive Order 05-07. Use by the public of the information contained inthis Agreement shall not
be considered anact of the State.
4.40. Renewal Option.This Agreement may be renewed under the same terms and conditions,
subject to the approval of the Commissioner of the Department of Administration and the State
Budget Director incompliance with IC §5-22-17-4. The term ofthe renewed Agreement may not
be longer than the term ofthe original Agreement.
4.41.Severability.The invalidity of any section, subsection, clause, or provision of this
Agreementshall not affect the validity of the remaining sections, subsections, clauses, or provisions
of this Agreement.
4.42. Status of Claims.The CITY shall be responsible for keeping INDOT currently advised as
to the status of any claims made for damages against the CITY resulting from services performed
under this Agreement.
4.43. Substantial Performance. This Agreement shall be deemed tobe substantially performed
only when fully performed according to its terms and conditions and any written amendments or
supplements.
14
DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660
4.44. Taxes. The State is exempt from most state and local taxes and many federal taxes. The
State will not be responsible for any taxes levied on the CITY or its contractors as a result of this
Agreement.
4.45. Termination for Convenience. This Agreement may be terminated, in whole or inpart,
by INDOT whenever, for any reason, INDOT determines that such termination is in its best
interest. Termination is affected by delivery to the CITY of aTermination Notice at least thirty
30) days prior to the termination effective date, specifying the extent to which performance of
services under such termination becomes effective.
4.46. Termination for Default. \[OMITTED – NOT APPLICABLE.\]
4.47. Travel. \[OMITTED – NOT APPLICABLE.\]
4.48. Waiver of Rights.No right conferred on either party under this Agreement shall be
deemed waived, and no breach of this Agreement excused, unless such waiver is in writing and
signed by the party claimed to have waived such right. Neither the State’s review, approval or
acceptance of, nor payment for, the work performed under this Agreement shall be construed to
operate as awaiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and the CITY shall be and remain liable to the State in accordance
with applicable law for all damages to the State caused by the CITY’s negligent performance of
any of the services furnished under this Agreement.
4.49. Work Standards. \[OMITTED – NOT APPLICABLE.\]
4.50. State Boilerplate Affirmation Clause. I swear or affirm under the penalties of perjury
that I have not altered, modified, changed or deleted the State’s standard contract clauses (as
contained the 2022 SCM Template) in any way except as follows: None.
REMAINDER OF PAGE INTENTIONALLY LEFTBLANK\]
15
DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660
Non-Collusion and Acceptance
The undersigned attests, subject to the penalties for perjury, that the undersigned is the Party, or
that the undersigned is the properly authorized representative, agent, member, or officer of the
Party. Further, to the undersigned’s knowledge, neither the undersigned nor any other member,
employee, representative, agent or officer of the Party, directly or indirectly, has entered into or
been offered any sum of money or other consideration for the execution of this Agreement other
than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge
that a state officer, employee, or special state appointee, asthose terms are defined in IC 4-
2-6-1, has a financial interest in the Agreement, the Party attests to compliance with the
disclosure requirements in IC 4-2-6-10.5.
Agreement to Use Electronic Signatures
Iagree, and it is my intent, to sign this Agreement by accessing State of Indiana Supplier Portal
using the secure password assigned tome and by electronically submitting this Agreement to the
State of Indiana. Iunderstand that my signing and submitting this Agreement in this fashion is the
legal equivalent of having placed my handwritten signature on the submitted Agreement and this
affirmation. Iunderstand and agree that by electronically signing and submitting this Agreement
in this fashion Iam affirming to the truth of the information contained therein. I understand that
this Agreement will not become binding on the State until ithas been approved by the Office of
the Attorney General, which approvals will be posted on the Active Contracts Database:
https://fs.gmis.in.gov/psp/guest/SUPPLIER/ERP/c/SOI_CUSTOM_APPS.SOI_PUBLIC_CNTR
CTS.GBL
In Witness Whereof, the PARTIES have, through their duly authorized representatives, entered
into this Agreement. The PARTIES, having read and understood the foregoing terms ofthis
Agreement, do bytheir respective signatures dated below agree to the terms thereof.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
16
DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660
CITY OF CARMEL, INDIANA
BOARD OF PUBLIC WORKS AND SAFETY
James Brainard, Mayor
Date: ______________________________________
Mary Ann Burke, Member
Date: ________________________________________
Lori Watson, Member
Date: ________________________________________
Attest:
Sue Wolfgang, Clerk
Date: ________________________________________
17
DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660
9/20/2023
9/20/2023
9/20/2023
9/20/2023
STATE OFINDIANA
IndianaDepartmentof Transportation
Recommended for approval by:
Clark W. Packer
Greenfield District Deputy Commissioner
Date: _________________________________
Executed By:
FOR)
Michael Smith, Commissioner
Date: _______________________________
18
DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660
APPROVALS
State approvals are electronic – see attached confirmation page.\]
STATE OF INDIANA
Budget Agency
By: (FOR)
Zachary Q. Jackson, Director
Date:
STATE OF INDIANA
Department of Administration
By: (FOR)
Rebecca Holwerda, Commissioner
Date:
Approved asto Form and Legality:
Office of the Attorney General
By: (FOR)
Theodore E. Rokita
Attorney General
Date:
This instrument was prepared by Marjorie A. Millman, Attorney No. 21748-36, for theIndiana
Department ofTransportation, 100 N. Senate Avenue, Indianapolis, IN 46204.
19
DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660
TREE PRESERVATION AREA
TREE PRESERVATION AREA
PRAIRIE SEED MIX (654 sf)
Asclepias syriaca
Asclepias tuberosa
Avena sativa
Baptisia alba
Bouteloua curtipendula
Carex brevior
Coreopsis lanceolata
Coreopsis tripteris
Dalea purpurea
Echinacea purpurea
Elymus virginicus
Helianthus mollis
Heliopsis helianthoides
Lespedeza capitata
Liatris spicata
Monarda fistulosa
Oligoneuron rigidum
Penstemon digitalis
Pycnanthemum virginianum
Ratibida pinnata
Rudbeckia hirta
Rudbeckia subtomentosa
Schizachyrium scoparium
Senna hebecarpa
Silphium integrifolium
Silphium laciniatum
Silphium perfoliatum
Silphium terebinthinaceum
Sporobolus heterolepis
Symphyotrichum laeve
Symphyotrichum novae-angliae
Tradescantia ohiensis
Verbena stricta
Vernonia gigantea
Zizia aurea
PRAIRIE SEED MIX (4,841 sf)
Asclepias syriaca
Asclepias tuberosa
Avena sativa
Baptisia alba
Bouteloua curtipendula
Carex brevior
Coreopsis lanceolata
Coreopsis tripteris
Dalea purpurea
Echinacea purpurea
Elymus virginicus
Helianthus mollis
Heliopsis helianthoides
Lespedeza capitata
Liatris spicata
Monarda fistulosa
Oligoneuron rigidum
Penstemon digitalis
Pycnanthemum virginianum
Ratibida pinnata
Rudbeckia hirta
Rudbeckia subtomentosa
Schizachyrium scoparium
Senna hebecarpa
Silphium integrifolium
Silphium laciniatum
Silphium perfoliatum
Silphium terebinthinaceum
Sporobolus heterolepis
Symphyotrichum laeve
Symphyotrichum novae-angliae
Tradescantia ohiensis
Verbena stricta
Vernonia gigantea
Zizia aurea
PRAIRIE SEED MIX (4,579 sf)
Asclepias syriaca
Asclepias tuberosa
Avena sativa
Baptisia alba
Bouteloua curtipendula
Carex brevior
Coreopsis lanceolata
Coreopsis tripteris
Dalea purpurea
Echinacea purpurea
Elymus virginicus
Helianthus mollis
Heliopsis helianthoides
Lespedeza capitata
Liatris spicata
Monarda fistulosa
Oligoneuron rigidum
Penstemon digitalis
Pycnanthemum virginianum
Ratibida pinnata
Rudbeckia hirta
Rudbeckia subtomentosa
Schizachyrium scoparium
Senna hebecarpa
Silphium integrifolium
Silphium laciniatum
Silphium perfoliatum
Silphium terebinthinaceum
Sporobolus heterolepis
Symphyotrichum laeve
Symphyotrichum novae-angliae
Tradescantia ohiensis
Verbena stricta
Vernonia gigantea
Zizia aurea
NORTHENDPHASE
1
Exhibit A : Landscape Plans
DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660
MATCHLINE - SEE SHEET L1.2MATCHLINE - SEE SHEET CX.2DECIDUOUS TREES
QTY BOTANICAL NAME COMMON NAME CONT CAL HT CO 25 CARYA OVATA
SHAGBARK HICKORY
B & B 2.5" CAL MIN ---INDIANA NATIVE CV 18 CRATAEGUS VIRIDIS `WINTER KING`WINTER
KING HAWTHORN
B & B 2.5" CAL MIN ---INDIANA NATIVE GT 2 GLEDITSIA TRIACANTHOS INERMIS `SKYCOLE` TM SKYLINE THORNLESS
HONEY LOCUST
B & B 2.5" CAL MIN ---INDIANA NATIVE EVERGREEN TREES
QTY BOTANICAL NAME COMMON NAME CONT CAL HT JV 58 JUNIPERUS VIRGINIANA
EASTERN RED
CEDAR B & B ---6` HT MIN INDIANA NATIVE TG 42 THUJA X '
GREEN GIANT'GREEN GIANT ARBORVITAE ------6` HT MIN ORNAMENTAL TREES
QTY BOTANICAL NAME COMMON NAME CONT CAL HT AG 6 AMELANCHIER X GRANDIFLORA `AUTUMN BRILLIANCE`AUTUMN
BRILLIANCE SERVICEBERRY
B & B 1.5" CAL MIN ---INDIANA NATIVE CC 12 CERCIS CANADENSIS `FOREST PANSY`FOREST
PANSY REDBUD
B & B 1.5" CAL MIN ---INDIANA NATIVE SHRUBS
QTY BOTANICAL NAME COMMON NAME CONT SPACING SIZE AM 50 ARONIA MELANOCARPA `AUTUMN MAGIC`AUTUMN
MAGIC BLACK
CHOKEBERRY ---SEE PLAN 18" HT MIN INDIANA NATIVE HJ 28 HYDRANGEA PANICULATA 'JANE'LITTLE
LIME® PANICLE HYDRANGEA ---SEE PLAN 18" HT MIN MP 66 MYRICA
PENSYLVANICA NORTHERN
BAYBERRY ---SEE PLAN 18" HT MIN INDIANA NATIVE PD 35 PHYSOCARPUS OPULIFOLIUS `DONNA MAY` TM
LITTLE DEVIL
NINEBARK ---SEE PLAN 18" HT MIN INDIANA NATIVE PP 6 POTENTILLA FRUTICOSA `
GOLDFINGER`GOLDFINGER
POTENTILLA ---SEE PLAN 18" HT MIN INDIANA NATIVE RA 4 RHUS AROMATICA `GRO-LOW`GRO-
LOW FRAGRANT
SUMAC ---SEE PLAN 24" SPREAD MIN.INDIANA NATIVE SB 30 SAMBUCUS NIGRA `BLACK LACE`
BLACK LACE
ELDERBERRY ---SEE PLAN 18" HT MIN INDIANA NATIVE VC 12 VIBURNUM OPULUS `COMPACTUM`
COMPACT EUROPEAN CRANBERRYBUSH ---SEE PLAN 18" HT
MIN
PLANT
SCHEDULE
PLANT
SCHEDULE -
US
31
ROW
MATCHLINE -
SEE
SHEET
L1.
1MATCHLINE -
SEE
SHEET
CX.
16
PD
12
AM
6
PD
12
AM
1
CP
1
CP
1
CP
1
CP
1
RA
1
RA
1
RA
3
PP
3
PP
IL
1
VC
1
VC
1
CK
1
QM
1
AS
1
QM
5
IM
6
IL
1
AS
1
QR
5
IL
3
PV
5
HQ
5
PL
6
CA
HV
1
3
SB
CF
SB
3
CS
3
3
VC
4
CA
3
VC
3
VC
3
VC
4
CA
CF
6
SB
3
HQ
3
PL
4
PL3
CF
4
PL
3
TH
5
IL
3
TH
6
CF
4
PL
4
PVIM
3
8
ILTH
5
3
IM
4
PV
5
PV
1
AS
1
AS
IM
CA
HQ
CA
4
PL
5
IL
4
PL
3
TH
HV
3
CA
5
HQ
2
IL
5
PV
6
IL
5PV6IL
5
IM
2
CF
10
1 PA
IM
8
1
GT
1
JV
CBHQ
HQ
CB
3
PA
CB
IM
HQ
5
HV
1
1
HV
1
PA
RA
1
3
PP
HQ
5
JC
6
HQ
JC
3
6
CS
CS
5
JC
14
CS
VC 5
VC
5
TH
24
MP
3
AG
3
AG SB 12
12 AM 10
JV 3 VC TG
4 HJ TG 3
TG
1
SEEDED LAWN,
TYP.SEEDED LAWN, TYP.
HARDWOOD
SHREDDED
MULCH,
TYP.
HARDWOOD
SHREDDED
MULCH,
TYP.
HARDWOOD
SHREDDED
MULCH,
TYP.
HARDWOOD
SHREDDED
MULCH,
TYP.
CC
4
MP
AM
6
SB
6
MP
12
SB
6
CV
8
MP
6
SB
6
MP
8
PD
6
AM
8
PD
6
CO
8
MP
6
MP
4
PD
6
JV
10
CV
1
CP
1
RA
1
RA
1
PP
3
PP
4
IL
2
JV
1
CK
1
CK
1
VC
1
JV
4
AM
2
QR
2
CK
1
TH
3
LS
1
LS
1
LS2
CO
1
AS
1
PA
1
PA
1
AG
1
AG
1
PA
1
CK
JV
1
GT
1
AS
2
PA
1
GT
1
PS
1
GT
3
PS
1
GT 1 PS 1 AS
2 JV 4 QR 1
GT 1 CC 4 CC
1
500'
SIGHT
DISTANCE
FROM
CENTER
OF
RIGHTMOST NORTHBOUND
LANE
Exhibit A : Landscape Plans
DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660
MATCHLINE - SEE SHEET
L1.2MATCHLINE - SEE
SHEET
CX.
2MATCHLINE -
AREA
A
MATCHLINE -
AREA
B
2
JH3
VC
2
RA
3
PP
2
RA
3
PP
3
VC
3
PP
1
GT
6
JV
2
RA
3
PP
1
RA
5
HQ
1
CK
1
CK
3
TH
3
AM
3
AM
1
CK
1 VC
1
VC
1
CK
IL
5
IM
IL
1
CK
1
VC
1
VC
1
CK
4
AM
JV 3
AS
1
PA 1
LS
2
PP
2
PP
1
RA
1
RA
3
PS
3
PS
1
CV
PV
PV
IL
SB
2
PD
4
TH
6
CF
4
SB
2
PD
4
TH
4
PL
CS
2
PD
4
PL
VC
3
PD
5
VC
3
PD
5
VC
3
PD
5
VC
3
1
AG
VC
5
2
JH
2
JH
6
HQ
IM
6
2
JH
3
JH
5
JH
PV
10
CA
6
CA
2
5
VC
5
VC
HJ
TG
4
TG
4
HJ
1
CC
TG
4
3 VC RA 2
HJ TREE PRESERVATION
AREA HARDWOOD SHREDDED
MULCH,
TYP.
SEEDED LAWN,
TYP.SEEDED LAWN,
TYP.
HARDWOOD
SHREDDED
MULCH, TYP.TREE
PRESERVATION
AREA
TREE
PRESERVATION
FENCING
TREE
PRESERVATION
FENCING
CV
1
CV
1
CV
1
GT
1
GT
1
GT
1
GT
1
PP
3
TH
3
CK
1
CS
5
HQ
5
TH
3
AG
2
PA
1
PA
1
QM
1
CP
2
LS
2
QM
4
LS
2QM
4
QM
3
QB
2
AG
1
QB
2
QB
2
QM
1
QM
1
JH
3
JH
2
CC 1 CC
1 4 MP
4
MP
MATCHLINE -
AREA
A MATCHLINE - AREA B JV
4 CV 5 MATCHLINE -
SEE SHEET
L1.1MATCHLINE - SEE SHEET CX.1DECIDUOUS
TREES QTY
BOTANICAL NAME CO 25 CARYA OVATA INDIANA
NATIVE CV
18 CRATAEGUS VIRIDIS `WINTER KING`
INDIANA NATIVE GT 2
GLEDITSIA TRIACANTHOS
INERMIS `SKYCOLE` TM INDIANA NATIVE EVERGREEN
TREES QTY BOTANICAL NAME JV
58 JUNIPERUS VIRGINIANA INDIANA NATIVE TG 42
THUJA X '
GREEN GIANT'ORNAMENTAL TREES QTY BOTANICAL
NAME AG
6 AMELANCHIER X GRANDIFLORA `
AUTUMN BRILLIANCE`INDIANA NATIVE CC 12
CERCIS CANADENSIS `
FOREST PANSY`INDIANA NATIVE SHRUBS
QTY BOTANICAL NAME AM
50 ARONIA
MELANOCARPA `AUTUMN MAGIC`INDIANA NATIVE HJ 28
HYDRANGEA PANICULATA '
JANE'MP 66 MYRICA PENSYLVANICA
INDIANA NATIVE
PD 35 PHYSOCARPUS OPULIFOLIUS `DONNA MAY`
TM INDIANA
NATIVE PP 6 POTENTILLA FRUTICOSA `GOLDFINGER`
INDIANA NATIVE
RA 4 RHUS AROMATICA `GRO-
LOW`INDIANA NATIVE SB 30 SAMBUCUS NIGRA `
BLACK LACE`
INDIANA
Exhibit A : Landscape Plans
DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660