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Engledow, Inc./Engr (2) ~1n +i\. 02. .l.-t". 0'1. 0 ~ Engledow, Inc. ()...C.. . APPR()"~D. AS TO Engineering Dept. -2007/11inois Street Landscaping Project FORM BY 'TlJP Appropriation # Thomson T1F - $250,000.00, P. O. #0113-07; Clarian Bond - $322,627.00, P. 0. #16521 : ' Contract Not To Exceed $572,627.00 Do~ "7'/&,/... . '''4t. THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and Engledow, Inc. ('Vendor"). AGREEMENT FOR PURCHASE OF GOODS AND SERVICES . TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number Thomson TIF and Clarian Bond funds. Vendor agrees to provide the Goods' and Services and to otherwise perform the requirements of this Agreement by applying at all times the . highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Five Hundred Seventy-Two Thousand Six Hundred Twenty-Seven Dollars ($572,627.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in accordance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or submitted by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Engineering Department Bid Proposal Package for "Illinois Street Landscaping" received by the City of Carmel Board of Public Works and Safety in or about February 7, 2007, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. City's stated use and are fit and sufficient for their particular purpose. [Z:'.(i Ih!i3',\ly Dorum"ll1i\Pro~ession~1 Scnir".\ENGINEERIKG\l007.ENGLEDOW G&S.]II SI Lilndsc-.apc,doc:2!20.'1OO7 t 52 AM] Engledow, Inc, Engineering Dept. - 2007 iflinois Street Landscaping Project Appropriation # Thomson T1F - $250,000.00, P. O. #0113-07; Clarian Bond - $322,627.00, P. O. #16521 Contract Not To Exceed $572, 627. 00 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) 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 [Z:'E Bass"C"y nocumtfllS',Profrssional S...,iccs"ENGINEERlJ\G\!OO7"E..\:GLEDOW G&S - IU 51 Lauds"'"" doc:212(}."!OO7 241 ^\I] Engledow, Inc. Engineering Dept. - 2007 illinois Street Landscaping Project Appropriation # Thomson T1F - $250,000.00, P. O. #0113-07; Clar/an Bond - $322,627.00, P. O. #1652/ Contract Not To Exceed $572,627.00 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. 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. 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. 13. 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. 14. 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. 15. 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. [Z:\E B.lss\jI,1y Dc>cum,ms"Profcssiona! s",';ces\ENGINEERII\G,)OIl7'-ENGLEDOW G&S - III 51 Land>CJpc.doc:2i20/1007 ~'~ I AM] Engledow, Inc. Engineering Dept. - 2007 Illinois Street Landscaping Project Appropriation # Thomson T1F - $250,000.00, P. O. #0113-07; Clarian Bond - $322,627.00, P. O. #16521 Contract Not To Exceed $572,627.00 16. 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. 17. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to Citv: City of Carmel One Civic Square Carmel, Indiana 46032 ATTN: Michael McBride, City Engineer Douglas C. Haney, City Attorney Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Engledow, Inc. 1100 East 116th Street Carmel, Indiana 46032 A TIN: James L. Engledow, President Notwithstanding the above, notice of termination under paragraph 18 herein below 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. 18. TERMINATION: 18.1 Notwithstanding any1hing 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. [l;IE B_ss'.My D<<"""'Il~\Profcssion.l SCf'\lices'~GI:-'"EERlNG\2007\l,.'GLEOOW G&S. III 51 Land.up<: doc,2120.7007 441 A"l] EngJedow, Inc. Engineering Dept, - 2007 Illinois Street Landscaping Project Appropriation # Thomson TIF - $250,000,00, P. D. #0113-07; Clarian Bond - $322,627.00, p, O. #16521 Contract Not To Exceed $572,627.00 18.2 Either party hereto may terminate this Agreement at any time upon thirty (30) days prior notice to the other party, 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, 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. 20, 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. 21, TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2007, 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. 22. 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. 23. 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. 24. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 25. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. [Z'E e....\\l) Documelll~\PmrlSS;on"l Scrviccs"ENGNEERTNG\2001'ENGlEDOW G&S - III 51 Lalld>c~"",d(IC:2120i2007 ~41 AM] Engledow, Inc. Engineering Dept. - 2007 Illinois Street Landscaping Project Appropriation # Thomson TIF - $250,000.00, P. O. #0113-07; CJarian Bond - $322,627.00, P. 0. #16521 Contract Not To Exceed $572,627.00 26. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes ail prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shail govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as foilows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety ENGLEDOW, INC. , i~er ~ ~D-' By: . ~ed~ff!JuQ/ .;J;;..e> l. ~LEO~U) Printed N;ml) p~ Title FIDITIN: 3 5"" - I 0 to lD'\ I 5" By: SSN if Sole Proprietor: Date: 2- .l-I . 0 f (VE adOs'My Docurncnls\pror"""iooal Scniccs\ENGINEER1;>;G\l007.ENGl.f.DOW G&S - III SI LandiCapc.doc:2ilO/1007 t/1 AM] 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 PART 2 . BID PROPOSAL 2.1 Base Bid The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service, and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to . the Contract Items as stated in Part 3 hereof, which Unit Prices"when multiplied by . . .. Five Hunored & Se~enty-Two estimated umt quantItIes for such Contract Items, total Thousand, Six Hundred & Twenty-Seven Dollars ($ 572,627.00 ). The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price and . further ackp.owledges that the unit quantities listed in Part 3 of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, and are not to be construed as exact or binding. The Bidder further understands that all Work which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER cannot and do not guarantee the amount or quantity of any item of Work to be performed or furnished under the Contract. "EXHIBIT A-l( 0 '1 ~'--"'~--~.~ ~"'-. BID-3 IN2fl(l407{}j ITEMIZED BID ITEM UNIT NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL 1 Earthwork CY 100 35.00 :;S()() .00 2 Topsoil CY 200 "a..OO 1 a. ,14oC .Ci) 3 Compacted Aggregate Base (quarry blocks) CY 20 1't0 .00 ~.l.\O().OO 4 Quarry Block Wall (variegated limestone) LF 180 ~'\O.OO ~t>, !o~.OO 5 EPDM Flashing (back of wall) SF 750 ~.S() ~,Co~').ClO 6 4" Perforated Underdrains LF 250 '~.OO ,,\, '500 .0<:> 7 Washed River Gravel (mow strip) CY 10 1'10.00 ','00 .00 8 Steel Edging LF 200 ~too I, ~(lO .CO 9 Concrete Sculpture Base CY 8 la:~Ol..~ c:t ~%.oO 10 Cast Stone Urn EACH 1 \\ '1(j,(). 00 \ I, ","0 .00 11 Irrigation System LS 1 Qt!<\G..60 <\. t>C\r... oc 12 Electrical System (including lighting) LS 1 l'.Io CO, 0 13 Perennials, #1 EACH 550 ".OC o,.~ c:.D 14 Ornamental Grasses, #2 EACH 35 \15.00 ~'5.0t) . 15 Shrubs,18" EACH 45 1)O.Ot) :l. ~c;o .00 16 Shrubs, 36" EACH 4 10.00 ~"'r. .00 17 Sod SY 500 't. C)Q 3,CXX>.00 18 Mulch (shredded hardwood bark) CY 25 'tio.Ot) \,~SO.C)Q 19 Annuals EACH 300 I.Ot) ~.bc) 20. Mobilization & Generai Conditions LS 1 ~~OO.OO ~,':.Clb.O() CARMEL PROJECT NO. 05-01A-L DESCRIPTION: 116th Street & Spring Mill Road 1/19/2007 SUBTOTAL: \~~"q6)..CC "EXHIBIT J ~I ~ " BID-5a ITEMIZED BID ITEM UNIT NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL 21 Earthwork CY 200 3':1.00 ".DOC! .CO 22 Topsoil CY 200 <oa .00 \~. 4CO .00 23 Compacted Aggregate Base (blocks & wall) CY 30 1'10 .00 S,\OO .60 24 Curved Quarry Block Wall (sandstone) LF 160 a.'\Cl.OO I.\~. ~Cl.~ 25 Straight Quarry Block Wall (sandstone) LF 100 01.'10.00 ~ 't. C:JCx:). OC 26 EPDM Flashing (back of wall) SF 600 ~.~ ~\ \ <Xl . 00 27 4" Perforated Underdrains LF 300 lEI. CO S,~OCl.oc 28 Washed River Gravel (mow strip) CY 10 \'\0.00 1.'tOO.OO 29 Concrete Sculpture Base CY 6.5 1.a.U.CO ~,M~ .00 30 Steel Edging LF 360 ~.0Cl ~,8%O .00 31 Irrigation System LS 1 C\ .\)C\fo.~ <\. ~<\fo.oO 32 Electrical System (including lighting) LS 1 NO P.li,~ 33 Perennials, #1 EACH 800 \,.ClO I~.",OO.OO 34 Ornamental Grasses, #2 EACH 45 \5.~ CO''5.00 35 Shrubs, 18" EACH 90 '30 .00 I.\.~.OO 36 Shrubs, 36" EACH 6 '\0.0Cl l\~() .00 37 Sod SY 400 'l.{)O ~.~ .00 38 Mulch (shredded hardwood bark) CY 35 ~.OD ~.'O\c::..OO 39 Annuals EACH 150 \ .00 \S\:).OO 40 Mobilization & General Conditions LS 1 ~,500.0~ ~.~o.oo CARMEL PROJECT NO. 05-01A-L DESCRIPTION: 116th Street & Illinois Street 1/19/2007 SUBTOTAL: \S\,<o~.CC ty31S n HEXH\an __I-l.~- BID-5a ITEMIZED BID ITEM UNIT NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL 41 Earthwork CY 100 ?>'5.OQ ~";)oo .ClO 42 Topsoil CY 200 <0,< .ClO \&'. '-\ClO .ClO 43 Compacted Aggregate Base (quarry blocks) CY 20 1'\0.00 ~,L\OO.OO 44 Quarry Block Wall (sandstone) LF 180 :>''\0.00 1.\%, foCO.oo 45 EPDM Flashing (back of wall) SF 750 2>.'; 0 ~,(Dil,S.OO 46 4" Perforated Underdrains LF 250 1%.00 ,,\,:>00.00 47 Washed River Gravel (mow strip) CY 6 1 '10 .00 \. <:::'..0. ClO 48 Steel Edging LF 240 ~.oo ~, q ~CI .00 49 Irrigation System LS 1 ql~qc...OO <'{, ~"\to.~ 50 Electrical System (including lighting) LS 1 ~o !b\' c> 51 Ornamental Trees 8' 1 "\'.>0.60 1.\ 'ilQ. CO 52 Perennials, #1 EACH 640 1,\.00 lb. tltt>.ClO 53 Ornamental Grasses, #2 EACH 50 15.()O '\ 't;) .00 54 Shrubs 18" EACH 55 '50.00 Vt'Xl.OO 55 Shrubs, 36" EACH 6 'to.C)O \\~ .00 56 Sod SY 300 '.CO ~,\OO.OO 57 Muich (shredded hardwood bark) CY 30 'G..OO \."tM.OO 58 Mobilization & General Conditions LS 1 ~. '5clo .0() Ol,~.d) CARMEL PROJECT NO. 05-01A,L DESCRIPTION: 126th Street & Illinois Street. 1/19/2007 SUBTOTAL: IOl:\. <0'11. 00 "EXHI'81'T __1-'1"---" BID-5a ITEMIZED BID CARMEL PROJECT NO. 05-01A-L DESCRIPTION: Landscape Treatment for Median ITEM UNIT NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL 59 Shade Trees EACH 141 4.~o .cC 105, <\ to\O.ClC 60 Evergreens EACH 12 ~a.o .00 ().c I I r.O.oo 61 Ornamental Trees EACH 294 ~~O.OD , I, ':!le1).toO 62 Shrubs EACH 168 "C.OO 11 all.t:l.OCl 63 Grasses EACH 443 \"::l.oo ".',,\'!I.M 1/29/2007 SUBTOTAL: \ ~\) \~S. ()C TOTAL PROJECT: 5'~,b~"\.c.O SUBMITTED BY: f.,)(g u=..l::>e>w T0e- SIGNATURE, 'K<02 }:Ji€-.J~ TITLE; f'l!?\':.__ ADDRESS: 1/00 Efts t 11& 0-6ftee-t CtU'MS-l I t.J 4("D 3 2- . ((EXHuarf _{~(5 ._._ n BID.5d EXHIBIT C mSURANCECOVERAGES Worker's Compensation & Disability Statutory Limits Employer's Liability: Bodily Injury by AccidentlDisease: Bodily Injury by AccidentlDisease: Bodily Injury by Accident/Disease: $100,000 each employee $250,000 each accident $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: $500,000 5500,000 Personal & Advertising Injury Policy Limit: Each Occurrence Limit: Fire Damage (anyone fire): Medical Expense Limit (anyone person): $500,000 $250,000 $250,000 $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: 5500,000 each accident $500,000 each accident $500,000 Umbrella Excess Liability Each occurrence and aggregate: Maximum deductible: $500,000 $ 10,000 March 1, 2007 C'OA ).. Mr. James Engledow ENGLEDQW INe. 1100 East ll6'h Street Carmel, IN 46032 RE: A~reement for Purchase of Goods and Services City of Carmel, Engineering Department No, 02.28.07,02 & 02.28,07.03 & 02,28,07.04 Dear Mr. Engledow: On February 28, 2007, the Board of Public Works and Safety approved the above-referenced Agreements to do business with YOur company, Enclosed is a fully executed copy for your records together with several other documents, which will ensure a sUccessful and profitable business relationship with the City of Cnrmel. Please review the enclosed sample invoice, Exhibit B of your contract. Although we do not require you to use this specific form, we do ask that you please submit the information requested on the sample invoice in a similar layout when submitting an invoice for services rendered, This format replaces any other form previously used by the City and is effective upon approval of your contract. If you have any questions or concerns, please do not hesitate to contact me at 317.571.2628, Thank you for your attention to the above-referenced matters, Sincerely, Sandra Johnson Deputy Clerk-Treasurer Enclosures