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D-2125-13 INDOT Interlocal/EDS # A249-12-320594 Landscape Maintenance on U.S. 31 Corridor from 96th St to 146th StSPONSOR(S): Councilor Finkam ORDINANCE D- 2125 -13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA. APPROVING AND ADOPTING AN INTERLOCAL AGREEMENT WHEREAS, Indiana Code Chapter 36 -1 -7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public safety and welfare; and WHEREAS, Indiana Code Section 36 -1 -7 -2 authorizes the Common Council of the City of Carmel, Indiana (the "Common Council ") to approve such interlocal agreements entered into by the City of Carmel, Indiana (the "City "); and WHEREAS, the interlocal agreement entered into by and between the City and the Indiana Department of Transportation ( "INDOT ") pertaining to a Landscape Maintenance Agreement, EDS # A249 -12- 320594, a copy of which agreement is attached hereto and incorporated herein as Exhibit A (the "Interlocal Agreement "), is in the best interests of the City and its residents. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Common Council. Section 3. The Clerk- Treasurer is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by Indiana Code 36- 1 -7 -6. Section 4. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana, this SL day of I�a•c�\ , 2013, by a vote of 7 ayes and c7 nays. Page One of Two Pages This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on 01/25/13 at 11:53 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. Z: \E Bass\My Documents \ORDINANCES \INTERLOCAL AGREEMENT ORDS\2013 \INDOT Landscape Maint Agmt EDS 3A249- 12- 320594.rtf1/25/2013 12:11 PM 1 SPONSOR(S): Councilor Finkam COMMON COUNCIL FOR THE CITY OF CARMEL Richard L. Sharp, 'res de t Pro Tempore ATTEST: Cf)ekiLL) 4tvJ2, 14.p Diana L. Cordray, IAMC > Clerk- Treasurer evin D. Rider Carol Schleif W. Eric nyder Presented by me to the Mayor of the City of Carmel, Indiana this I ob day of mph 2013, at lc'• S P .M. Diana L. Cordray, IAMC > Clerk- Treasurer Approved by me, the Mayor of the City of Carmel, Indiana, this I day of no,. 2013, at to : P .M. ATTEST: dIAJD ian. L. Cordray, IAMC, Clerk- Treasurer Ordinance D- 2125 -13 Page Two of Two Pages Ja es Brainard, Mayor A This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on 01/25/13 at 11:53 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. Z: \E Bass\My Documents \ORDINANCES \INTERLOCAL AGREEMENT ORDS\2013 \INDOT Landscape Maint Agmt EDS 3A249- 12- 320594.rtf1/25/2013 12:11 PM 2 1 LANDSCAPE MAINTENANCE AGREEMENT EDS # A249 -12- 320594 This Maintenance Agreement ( "AGREEMENT ") is entered into this day of , 2013, by and between the City of Carmel ( "CITY ") and the Indiana Department of Transportation ( "INDOT'') (and collectively referred to as "PARTIES ") with this particular agreement referring to the specific landscape maintenance of the US31 corridor in Hamilton County from 96th Street to 146th Street. WITNESSETH: WHEREAS, the Parties have previously contracted to install certain landscaping within the US31 corridor in Hamilton County from 96th Street to 146th Street (as is more particularly defined on Exhibits "A" through "Y ", attached hereto and incorporated herein by reference ( "The Landscaping "); and WHEREAS, the Parties desire to delineate certain maintenance responsibilities related to the Landscaping and limited portions of INDOT right of way, (as shown on Exhibits A through Y); and WHEREAS, it is of mutual interest for INDOT and CITY to cooperate in providing highway improvements for the convenience and safety of the public; and NOW THEREFORE, the parties to this AGREEMENT set forth the following terms and conditions: Section 1. Subject to City providing written notice as required herein, INDOT grants permission to CITY and its contractors and subcontractors to enter upon INDOT right of way for the sole purpose of installing and maintaining the Landscaping and any future Landscaping and mowing limited portions of INDOT right of way at the locations shown on the attached Exhibits "A" through "Y" which are herein incorporated by reference. Any changes to Exhibits A through Y must be approved by INDOT, which approval will not be unreasonably withheld. City shall not be required to secure a permit from INDOT to enter INDOT right of way for the purposes under this Agreement; provided, that such work is included in and consistent with the terms of this Agreement, Landscaping, any approved changes thereto, and any approved maintenance plan. City shall be required to secure a permit from INDOT for any other work City may desire to perform or improvement it desires to make within INDOT's right of way. In lieu of a permit, City shall provide INDOT with advance written notice, no less than three (3) working days prior to City entering INDOT right of way, of City's plans to enter and perform work within INDOT's right of way; provided, however, that City shall not be required to provide any prior written notice for performance of minor maintenance upkeep, such as removal of trash, garbage, and other debris within INDOT right of way, which work may be accomplished within a short period of time (i.e. one (1) hour or less). City shall direct any notice contemplated by this section to the Greenfield District Permit Manager at the address set forth in Section 7P of this 1 Agreement. Permission granted herein to maintain Landscaping within INDOT's right of way remains subject to revocation or termination as provided in this Agreement. Section 2. CITY will be responsible for all necessary maintenance of said Landscaping at all times, including but not limited to: mowing and pruning /trimming, as further explained below. Section 3. When performing work in INDOT Right -of -Way, CITY shall at all times adhere to the traffic control measures found in the most recent published version of the Indiana Manual on Uniform Traffic Control Devices. Section 4. Intentionally Omitted Section 5. Intentionally Omitted Section 6. A. The City shall send the District Permit Manager a maintenance plan every year for approval on or before February 1 of each year. The maintenance plan shall identify the types of Landscaping maintenance activities to be completed and an estimated schedule of when these activities will occur. B. All Landscaping shall have maintenance performed on it a minimum of three (3) times per year. This maintenance shall include mowing and the removal of noxious weeds or undesirable plants. Any shrub trimming or tree pruning should be completed at the proper time recommended for the species. C. Any turf area of the Landscaping shall be mowed at least three (3) times per year. All litter pick -ups shall be done prior to such mowing. D. The Landscaping (excluding "no mow" areas) that is between an entrance or exit ramp and the mainline portion of a highway shall have the entire turf area mowed at least three (3) times per year. All litter pick -ups shall be done prior to such mowing. Minimum areas to mow are (depending on landscape location) are as follows and are more particularly detailed in Exhibits W through Y, attached hereto and incorporated by this reference: 1. Infield area bounded by an entrance or exit ramp, the cross road and the mainline portion of a highway. 2. Outfield area bounded by an entrance or exit ramp, the cross road, the mainline portion and the right of way of a highway. 3. Entire Island area, this includes US31, 106th Street, 111th Street, 116th Street, 126th Street, 131st Street, 136th Street, Rangeline Road and Keystone Avenue /SR431. 4. All turf areas outside of any landscaped area, but within INDOT right of way generally located between 96th Street (South) and south side of 146th Street (North) along US 31 and between Station 1308 +00 (West) and Station 2294 +00 (East) along I -465 on either side of the US 31/1-465 interchange. 2 E. City shall maintain the Landscaping in good order and in a clean, sightly, and safe condition and otherwise in compliance with INDOT approved maintenance and operational plans. If City fails to maintain the Landscaping in said condition as reasonably determined by INDOT, INDOT will provide ninety (90) days advance notice that the Landscaping shall be removed or modified by City to comply with the terms of this section. If the Landscaping is not removed or modified by the City in accordance with this section, INDOT may remove the Landscaping at City's expense. INDOT further reserves the right to cause the City to remove the Landscaping and restore the right of way to a condition acceptable to INDOT for any other justified reason (i.e. safety, change in applicable laws, etc.) at City's cost and expense; provided that such decision shall not be arbitrary or capricious and INDOT shall provide a minimum of ninety (90) days advance notice prior to removal. F. This agreement shall remain in effect until such a time as the Landscaping no longer exists or the road is transferred or no longer exists. Section 7. General Provisions. A. Access to Records. If applicable, CITY will maintain all documents, records and other evidence pertaining to the project and shall make such materials available at their respective offices at all reasonable times under the Agreement. B. Certification for Federal -Aid Contracts Lobbying Activities. CITY certifies, by signing and submitting this Agreement, to the best of its knowledge and belief, that CITY has complied with Section 1352, Title 31, U.S. Code, and specifically, that: 1. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, (Disclosure Form to Report Lobbying), in accordance with its instructions. 3. CITY also agrees by signing this Agreement that it shall require that the language of this certification be included in all lower tier sub contracts, if any, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. Any person who fails to sign or 3 r (� 30H3 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. C. Compliance with Laws. 1. 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 of any State or Federal statute or the promulgation of regulations there under, after execution of this Agreement shall be reviewed by INDOT and CITY to determine whether the provisions of this Agreement require formal modification. 2. CITY and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State, as set forth in Indiana Code § 4 -2 -6, et seq., Indiana Code § 4 -2 -7, et. seq., the regulations promulgated there under, and Executive Order 04 -08, dated April 27, 2004. If CITY is not familiar with these ethical requirements, CITY should refer any questions to the Indiana State Ethics Commission, or visit the Indiana State Ethics Commission website at «http: / /www.in.gov /ig/ » >. If CITY or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Agreement immediately upon notice to CITY. In addition, CITY may be subject to penalties under Indiana Code §§ 4 -2 -6 and 4 -2 -7, 35- 44 -1 -3, and under any other applicable State or Federal laws. 3. CITY represents and warrants that CITY and its subcontractors, if any, shall obtain and maintain all required permits, licenses, registrations and approvals, as well as comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for INDOT. Failure to do so may be deemed a material breach of this Agreement and grounds for termination and denial of further work with the State. 4. As required by IC 5- 22 -3 -7: (1) CITY and any officials of CITY certify that (A) 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) 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 by Federal law. (2) CITY and any officials of CITY certify that an affiliate or official of CITY and any agent acting on behalf of CITY or on behalf of an affiliate or official of CITY: (A) except for de minimis and nonsystematic violations, 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 by Federal law; and (B) will not violate the terms of IC 24 -4.7 for the duration of the Contract, even if IC 24 -4.7 is preempted by Federal law. D. Disputes. A. Should any dispute arise with respect to the Agreement, CITY and the State agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. 4 Paf 13 B. CITY agrees that the existence of a dispute notwithstanding, it shall continue without delay to carry out all of its responsibilities under this Agreement that are not affected by the dispute. Should CITY fail to continue to perform its responsibilities regarding all non - disputed work, without delay, any additional costs incurred by the State or CITY as a result of such failure to proceed shall be borne by CITY and CITY shall make no claim within twenty (20) working days following notification in writing by either party of the existence of a dispute, then the following procedure shall apply: 1. The Parties agree to resolve such matters through submission of this dispute to the Commissioner of the Indiana Department of Administration (IDOA). The Commissioner shall reduce a decision to writing and mail or otherwise furnish a copy thereof to CITY and INDOT within ten (10) working days after presentation of such dispute for action. The Commissioner's decision shall be final and conclusive unless either party mails or otherwise furnishes to the Commissioner, within ten (10) working days after receipt of the Commissioner's decision a written appeal. Within ten (10) working days of receipt by the Commissioner of a written request for appeal, the decision may be reconsidered. If no reconsideration or mediation for the determination, or otherwise the dispute may be submitted to an Indiana court of competent jurisdiction. 2. The State may withhold payments, if any, on disputed items pending resolution of the dispute. The unintentional nonpayment by the State to CITY of one or more invoices not in dispute in accordance with the terms of this Contract will not be cause for CITY to terminate this Agreement, and CITY may not bring suit to collect these amounts without following the disputes procedure contained herein. E. Drug -Free Workplace Certification. CITY hereby covenants and agrees to make a good faith effort to provide and maintain a drug -free workplace, and that it shall give written notice to INDOT and the IDOA within ten (10) days after receiving actual notice that an employee of CITY in the State of Indiana has been convicted of a criminal drug violation occurring in CITY's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of Agreement payments, termination of the Agreements and/or debarment of contracting opportunities with the State of Indiana for up to three (3) years. In addition to the provisions of the above paragraphs, if the total Agreement amount set forth in this Contract is in excess of $25,000.00, CITY hereby further agrees that this Agreement is expressly subject to the terms, conditions and representations of the following certification: This certification is required by Executive Order No. 90 -5, April 12, 1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the IDOA is requiring the inclusion of this certification in all contracts with and grants from the State of Indiana in excess of $25,000.00. No award of a contract shall be made, and no contract, purchase order or agreement, the total amount of which exceeds $25,000.00, shall be valid, unless and until this certification has been fully executed by CITY and made a part of the contract or agreement as part of the contract documents. 5 CITY certifies and agrees it shall provide a drug -free workplace by: 1. Publishing and providing to all of its employees a statement notifying their employees the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in CITY's workplace and specifying the actions that will be taken against employees for violations of such prohibition; and 2. Establishing a drug -free awareness program to inform their employees of (1) the dangers of drug abuse in the workplace; (2) CITY's policy of maintaining a drug -free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties which may be imposed upon an employee for drug abuse violations occurring in the workplace. 3. Notifying all employees in the statement required by subparagraph (A) above as a condition of continued employment the employee shall (1) abide by the terms of the statement; and (2) notify CITY of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; 4. Notifying in writing the State within ten (10) days after receiving notice from an employee under subdivision (B)(2) above, or otherwise receiving actual notice of such conviction; 5. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including termination; or (2) require 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, or other appropriate agency; and 6. Making a good faith effort to maintain a drug -free workplace through the implementation of subparagraphs (A) through (E) above. F. Employment Eligibility Verification. 1. The CITY affirms under the penalties of perjury that it does not knowingly employ an unauthorized alien. 2. The CITY shall enroll in and 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 employee any employees. 3. 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. 4. The CITY shall require his/her /its subcontractors, who perform work under this contract, to certify to the CITY that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the 6 1 IT A60 -f13 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 to cure a breach of this provision no later than thirty (30) days after being notified by the State. G. Force Majeure. In the event either 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 of the affected party (hereinafter referred to as a Force Majeure Event), the party who has been so affected shall immediately 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 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. H. Funding Cancellation Clause. INDOT and City acknowledge and agree that, except with respect to the costs and expenses for the initial installation of the Landscaping which are addressed in a separate agreement, INDOT has undertaken no monetary or financial obligation with respect to the Landscaping or any other work contemplated under this Agreement and that such financial obligations are the responsibility of the City. Notwithstanding the foregoing,when the Director of the 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 Budget Director that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. I.C.5- 22 -17 -5. L Governing Laws. This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana and suit, if any, must be brought in the State of Indiana. J. Indemnification. The City agrees to indemnify, defend, and hold harmless the State, its agents, officials, and employees from all claims and suits including court costs, attorney's fees, and other expenses caused by any act or omission the City and /or its subcontractors, if any, in the performance of this Contract. The State shall not provide such indemnification to the City. K. 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 be modified, supplemented or amended, in any manner, except by written agreement signed by all necessary parties. L. Non - Discrimination. 1. Pursuant to I.C. 22- 9 -1 -10 and the Civil Rights Act of 1964, CITY shall not discriminate against any employee or applicant for employment, to be employed in the performance of work under this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin, ancestry or status as a veteran. Breach of this covenant 7 IT may be regarded as a material breach of this Agreement. Acceptance of this Agreement also signifies compliance with applicable Federal laws, regulations, and executive orders prohibiting discrimination in the provision of services based on race, color, national origin, age, sex, disability or status as a veteran. 2. CITY understands that INDOT is a recipient of Federal Funds. Pursuant to that understanding, CITY agrees that if CITY employs fifty (50) or more employees and does at least $50,000.00 worth of business with the State and is not exempt; CITY will comply with the affirmative action reporting requirements of 41 CFR 60 -1.7. CITY shall comply 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 of this covenant may be regarded as a material breach of Agreement. 3. It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of 1964 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 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 Title VI enforcement shall include the following additional grounds: sex, ancestry, age, religion and disability.) The following are examples of where this policy shall be applied relative to the INDOT. 4. CITY shall not discriminate in its selection and retention of contractors, including without limitation, those services retained for, or incidental to, construction, planning, research, engineering, property management, and fee contracts and other commitments with persons for services and expenses incidental to the acquisitions of right -of -way. 5. CITY shall not modify the Project in such a manner as to require, on the basis of race, color or national origin, the relocation of any persons. ( INDOT's Title VI enforcement will include the following additional grounds; sex, ancestry, age, religion and disability). 6. CITY shall not modify the Project in such a manner as to deny reasonable access to and use thereof to any persons on the basis of race, color or national origin. (INDOT's Title VI enforcement will include the following additional grounds; sex, ancestry, age, religion and disability.) 7. CITY shall neither allow discrimination by contractors in their selection and retention of subcontractors, leasors and /or material suppliers, nor allow discrimination by their subcontractors in their selection of subcontractors, leasors or material suppliers, who participate in construction, right -of -way clearance and related projects. INDOT shall: 8. Take appropriate actions to correct any deficiency determined by itself and/or the Federal Highway Administration ( "FHWA ") within a reasonable time period, not to exceed ninety 8 1MT IA �af�3 (90) days, in order to implement Title VI compliance in accordance with INDOT's assurances and guidelines. L. Payment. All payments made by INDOT, if any, shall be made in arrears in conformance with State fiscal policies and procedures and, as required by IC 4 -13 -2 -14.8, by electronic funds transfer to the financial institution designated by CITY in writing unless a specific waiver has been obtained from the Indiana Auditor of State. No payments will be made in advance of receipt of the goods or services that are the subject of this Agreement except as permitted by IC 4- 13 -2 -20. M. Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law in part, IC 5 -17 -5, I. C. 34 -54 -8, and I. C. 34 -13- 1. N. Severability. The invalidity of any section, subsection, clause or provision of the Agreement shall not affect the validity of the remaining sections, subsections, clauses or provisions of the agreement. O. Status of Claims. CITY shall be responsible for keeping INDOT currently advised as to the status of any claims made for damages against CITY resulting from services performed under this Agreement. CITY shall send notice of claims related to work under this agreement to: District Deputy Commissioner Indiana Department of Transportation 32 South Broadway Street Greenfield, Indiana 46140 P. Notice. Whenever any notice, statement or other communication is required under this Agreement, it shall be sent to the following address, unless otherwise specifically advised. 1. Notice to the State, regarding Agreement provisions shall be sent to: District Deputy Commissioner Indiana Department of Transportation 32 South Broadway Street Greenfield, Indiana 46140 2. Notice to CITY shall be sent to: City Engineer City of Carmel One Civic Square Carmel, IN 46032 -7569 9 IT A As And City Attorney's Office City of Carmel One Civic Square Carmel, IN 46032 -7569 Q. Debarment and Suspension. CITY certifies by entering into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this agreement by any federal agency or department, agency or political subdivision of the State of Indiana. R. Substantial Performance. This Agreement shall be deemed to have been substantially performed only when fully performed according to its terms and conditions and any modification thereof. S. Termination for Convenience. This Agreement may be terminated, in whole or in part, by the State whenever, for any reason, the State determines that such termination is in its best interest. Termination of services shall be effected by delivery to the City of a Termination 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. The City shall be compensated for services properly rendered prior to the effective date of termination. The State will not be liable for services performed after the effective date of termination. The City shall be compensated for services herein provided but in no case shall total payment made to the City exceed the original contract price or shall any price increase be allowed on individual line items if canceled only in part prior to the original termination date. T. Termination for Default. With the provision of thirty (30) days notice to the City, the State may terminate this agreement in whole or in part if the City fails to: Correct or cure any breach of this Agreement; Deliver the supplies or perform the services within the time specified in this Agreement or any extension; Make progress so as to endanger performance of this Agreement or Perform any of the other provisions of this Agreement. If the State terminates this Agreement in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the City will be liable to the State for any excess costs for those supplies or services. However, the City shall continue the work not terminated. The State shall pay the contract price for completed supplies delivered and services accepted. The City and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding 10 \.0 0-F B liens or claims of former lien holders The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Agreement. U. Authorizations. Any person executing this Agreement in a representative capacity hereby warrants that he /she has been duly authorized by his /her principal to execute this Agreement on such principal's behalf. V. No Agency Relationship. Both Parties hereto, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. Neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. CITY shall be responsible for providing all necessary unemployment and workers' compensation insurance for its employees. REST OF THIS PAGE LEFT INTENTIONALY BLANK. 11 E IT Afzlo-i 13 Non - Collusion The undersigned attests, subject to the penalties for perjury, that he /she is the properly authorized representative, agent, member or officer of the CITY, that he /she has not, nor has any other member, employee, representative, agent or officer of the CITY, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he /she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face of this Agreement. In Witness Whereof, the CITY and the State of Indiana have, through duly authorized representatives, entered into this Agreement. The Parties having read and understand the forgoing terms of this Agreement do by their respective signatures dated below hereby agree to the terms thereof. "CITY" By: Title: Date: "INDOT" By: Brandye Hendrickson, Greenfield District Deputy Commissioner Date: By: Michael B. Cline, Commissioner Date: 12 IT, STATE OF INDIANA Department of Administration Robert D. Wynkoop Commissioner Date: State Budget Agency Christopher D. Atkins, Director Date: Approved as to Legality and Form: (FOR) Gregory F. Zoeller Attorney General of Indiana Date Approved: This instrument prepared by: Andrea L. Hermer Attorney No. 15456 -49 100 N. Senate Avenue, IGCN Room N730 Indianapolis, Indiana 46204 -2216 (317) 232 -5411 I affirm under the penalties of perjury that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Andrea L. Hermer 13 iTA 13a+i3 Exhibit A — Landscape Transfer Items Item #1 Detail sheet 1 of Part 1 Landscape Plan, 96th Street to north of 106th Street 1297 +00 to 1308 +00 of Ramp ANW; 1277 +00 of Ramp ANE to 2294 +00 of Ramp ASE; (Line "PR-K1") from Sta. 261 +00 to 265 +00. See Exhibit B Item #2 Detail sheet 2 of Part 1 Landscape Plan (Line "PR-K1") from Sta. 276 +00 to 290 +00. See Exhibit C Item #3 Detail sheet 3 of Part 1 Landscape Plan (Line "PR-K1") from Sta. 290 +00 to 307 +00. See Exhibit D Item #4 Detail sheet 4 of Part 1 Landscape Plan (Line "PR-K1") from Sta. 307 +00 to 335 +00. See Exhibit E Item #5 Plant schedule of Part 1 Landscape Plan. See Exhibit F Item #6 Detail sheet 1 of Part 2 Landscape Plan, south of 111th Street to north of Old Meridian Street (Line "PR- K1") from Sta. 335 +00 to 358 +12. See Exhibit G Item #7 Detail sheet 2 of Part 2 Landscape Plan (Line "PR-K1") from Sta. 358 +12 to 371 +95. See Exhibit H Item #8 Detail sheet 3 of Part 2 Landscape Plan (Line "PR-K1") from Sta. 371 +95 to 408 +00. See Exhibit I Item #9 Plant schedule of Part 2 Landscape Plan. See Exhibit J Item #10 Detail sheet 1 of Part 3 Landscape Plan, south of 126th Street to north of 131st Street (Line "PR -K 1 ") from Sta. 408 +00 to 436 +78. See Exhibit K Item #11 Detail sheet 2 of Part 3 Landscape Plan (Line "PR-K1") from Sta. 436 +78 to 455 +10. See Exhibit L Item #12 Detail sheet 3 of Part 3 Landscape Plan (Line "PR-K1") from Sta. 455 +10 to 475 +00. See Exhibit M Item #13 Plant schedule of Part 3 Landscape Plan. See Exhibit N Item #14 Detail sheet 1 of Part 4 Landscape Plan, south of 136th Street to the Monon Crossing (Line "PR-K1") from Sta. 475 +00 to 488 +00. See Exhibit 0 Item #15 Detail sheet 2 of Part 4 Landscape Plan (Line "PR-K1") from Sta. 488 +00 to 509 +00. See Exhibit P Item #16 Detail sheet 3 of Part 4 Landscape Plan (Line "PR-K1") from Sta. 509 +00 to 535 +00. See Exhibit Q Item #17 Plant schedule of Part 4 Landscape Plan. See Exhibit R Item #18 Detail sheet 1 for Segment 5 Landscape Plan, Monon crossing to 146th Street. See Exhibit S Item #19 Detail sheet 2 of Segment 5 Landscape Plan. See Exhibit T Item #20 Detail sheet 3 of Segment 5 Landscape Plan. See Exhibit U Item #21 Segment 5 Schedule and Details. See Exhibit V Item #22 Diagrams of mowing /litter pickup limits — Interchanges. See Exhibit W Item #23 Diagrams of mowing /litter pickup limits — Islands. See Exhibit X Item #24 Diagrams of mowing /litter pickup limits — Roadside. See Exhibit Y WTCHINF 1297. GO lls31.1.4, Arl DETAII A • STATION 122,00 TO 1300.00 FAMP Ar4w 2) MATCHLINE 2294.00 0 74919.469 STADOOPLAN 7(7710 0. 1277.00 07 7407 020 70 2291, 00 OE PAW ASE 00 9c 3 'J11 xm' KEY R 2:2 014 1 994191E MIX 7 WETLAND SAIA 3 090.ENTAL MP 4 GPASSGS SHRUBS PFP014941AIS (DPALSSGS 00701111 OF 7LAN1S PLANT SYMBOL KEY MAP 11',N 0(94170 r 0011 5', T- T DETAIL LI, ji.PL 11E32E4' "I" 7 - PLAN DETAIL1 L 1. J 71979014110 0 01001777.91 NAN 007410 . STATION POP 261.40 TO 962400 Item #1 - Exhibit B LA80920003 7, A7,6,, • LANDSCAPLIE .-, 9/05/12 INDIANA DEPARTMENT OF TRANSPORTATION nORIRONTAL SCALE BOOTLE PILE ..100 vErnICAL SCALE DESIONADON C I PA 71- 120642' 79.5790,7 AN OR A . AW PART 1 LANDSCAPE PLAN 96TH ST /1-465 TO 106TH ST SURVEY BOOK SHEETS 790009 7 0110,0 DK ELECTRONIC /92000 CONTRACT 11,247S0 276 ,L3IL L9K PROJECT 17,627 1 Item #1 - Exhibit B MATO II IP E 1277100 (l2 RAMP ANE RN/ TYP r'ONSTR LIMITS TEMP R/W TIP TEMP RAN lYP KEY MU 1 PRAIRIE 1.11° 2 WETLAND MU3 ORNAMENTAL 012 a GRASSES SH11105 011ANT1TY OF PLANTS RANI SYMBOL PERENNIALS CPAS. - -- vR125 00 NOT REMOVE EXISTING VEGETATION WITHIN DASHED BOUNDARY DO NOT REMOVE 1 EXISTING VEGETAL ION 111. WITHIN O05000 BOUNDARY! 2 rtR l 4'70 e el * Ca bps Air'/ .? 414 inamI Ear !Sf`� K 4 ✓ y.E Q'. I- v 40 NE (d o tita1161V'o L (ON51R LIMITS OUS 11/1.205 PLAN DETAILR - STATION 270.(1010 2'70* 00 MATGHNNP I,P;, 00 OF RAMP ANW IEMP LNW.TYP cON574 LIMUS 8 Item #2 - Exhibit C N �y 1A8032100.7 ' °• "....•,• 1 - Far .oAR°RA/ '0, "P �• , ° `�'.- -.", INDIANA DEPARTMENT OF TRANSPORTATION MOR1CONTA O° BRIDLE vERncAI SCALE °Es000700 A / A°scnvc nrrcrurc —L I0NATIO °` `° AW ° ° " W PART 1 LANDSCAPE PLAN 9671-1 ST /1 -465 TO 106711 ST SURVEY iY BOOK SHEETS CHECKED ;1r Chl/CA. m. CONTRACT IR -117 TSO z,t ,e PROJECT 1796,7 Item #2 - Exhibit C OIS O1/PP - +I PLAN SETAE _ • ST AT ION ,0 00 NUO "00 RECOMUFACCD woe Ao�oRAC BAH RCH „£c S /ST /SE OFSICNCO ORA NN Item #3 - Exhibit D KEY MIX 1 PRAIRIE MIA t WETLAND MIX? OROAMEIIEAL MP+4 GRASSES I SHRUBS +ERE.NNIALS GRASSES OJUNTITY Of PLANTS KIM PLANT SYMBOL INDIANA DEPARTMENT OF TRANSPORTATION PART 1 LANDSCAPE PLAN 96TH SI /I -465 10 1061H SI AO 17 SCAL BRIDGE FILE : 1 -100 RTICAL ALE otslNcenoN SuRvEA BOON ELECTRONIC / AERIAL CONTRACT S USE N��9x PROJECt 1296427 nv 0 Ell a' NEI wv ®�m•r ► ► �ee iI � R11 +dll \ vezia rvr rPR KI IBM INZEI U S31 "u; R,WT,P OUS 31 /I0OTH ST PIAN UETAII O- STATION 30).001u 335: 00 1 L ____JPLAN CET..IL UIrCH CHANNEL TO RECEIVE RANI TW— WETLAND SEED 0h ® O ONSTR LIMITS m IIEN aregretZaer 311 0., ALTER t•ITI 1•I --t 11. _f MI KEY Ail, I TPAICIE MU) WEIIAN.II SHRUB, 0EPENNIAIS M1, 3 000113MENTAL 7.1 ORA5SE1 MN 1 000,�1E0 ELI OUANIIIs OF PLANTS PLANT S3A1EO1. MENIAN IANNSCArt Ine R/W TYR En SEE Nfin LS I • In I 1w ES ES Item #4 - Exhibit E No LA80920003 „•••.,,•••• ECG °FNS o 'p° 4170V't ]��� �^,. ..yfwl V'- INDIANA DEPARTMENT OF TRANSPORTATION N °RI,ONTA00CALE BRI °cEFILE TrRnuL SULE Escn.n ON "nR /EC/ I/ +�a/, DES.. ANUNasc w PART 1 LANDSCAPE PLAN 96TH ST /1 -465 TO 106TH ST. SURVEY° ELECIRONIC/ °AERIAL HEE` C„aKm ue C,Or,. ul. CONTRACT IF•3+I50 •> mA PRO,EC1 I2,41/ Item #4 - Exhibit E PLANT SCHEDULE DECIDUOUS TREES FAA, N RAF INN M EP PUMP, TIAD4,15 90474,4 „1411,9 C•40191919, GLE19119, /PPM M:4109 1194,1499,40 9,4991ellle 1,9,45 AM• 14901•011 EVERGREEN TREES 5491,1 OL'am P 411 CV MP ,rtr ALAN Ap E Er CM me Mel. +INC 91.111„99 INTETNEN rryLNIAnon MD 090 49M.D POT, P11114490 419. - MCP" el94CMIS LelOMI90 SNP,- EMIPP MOM SHRUBS 0.3.1 rrPrI 4Ple 9411, LC, C MINT Vile 11.141„ 091 COP,' 5.0 SEED MITES VINES NALARA,Nrrus 0„049.14,4■44 WO. „Fr, B09,11 • 0991 Ile C GRASSES Met ot,rer MU, C,M99 PERENNIALS el POP 790C ell tlID9 9490141,9 let OIL 9PLCIL NC UM GENERAL NOTES I ALL PERENNIAL, GRASS AND SHRUB BEDS TO PECEIVE 3. O HARDWOOD FINE MUL( H TPEES, INCLUDING THOSE IN NATIVE WED AREAS, ill RECEIVE INDIVIDUAL MULCH CIRCLES SEE SPECIFICATIONS AND DETAILS DO NOT PLAINT EPEES OP SHRUBS IN DITCI I FLOW NAILS OR WIN TIN .1' OF CEN'TEPLINE OF DIT(H OF WITHIN )' OF TOE OF SLOPE AT FLAT BOTTOM DTICIIES 1 CONTRACTOP TO LAYOUT IN IDECAEF PLAN BASED ON SCALED DIMENSIONS TAKEN FROM PI ANTING PIA a ALL TREES AND SHPUES TO BE PLACED OUTSIDE OF THE CLEAR ZONE SEE TYPICAL SECTIONS FOR CLEAR CONE DIMENSIONS CONFLICTS WITH ANY PROPOSED LANDSCAPE LOCATION TO BE HELD ADJUSTED BV COMPACTOR AND APPROVED BY ENGINEER PRIOR TO PISTAI NATION NY CONFLICTS BETWEEN SITE STRUCTURES, INCLUDING UTILITIES AND DRAI'N'AGE STRUCTURES, AND PROPOSED LANDSCAPE LOCA110011 TO BE FIELD ADJUSTED BY CONTRACTOR AND APPROVED BY PROJECT El IGINFER PRIOR TO INSTAL NATION h DISTURBED AREAS NOT SHOWN RECEIVING LANDSCAPE PLANTING WILL USE MODIFIED TINE U SEED MD J SEC ROAD PLANS FOR LOP ATION OF DRAINAGE SENO:TURES AND UTILITIES 8 LANDSCAPE SPACING MAP VARY BASED ON AS BUILT FIELD CONDITIONS p P I., To0FHIPAN NATE Yr ,,.,.,,,� " "'°y., LA90920993 = °' _ •' ^' `0F'gPP"o" "` I�—� "' 'Z INDIANA DEPARTMENT OF TRANSPORTATION HORIZONTAL SCALE BRIDLE FILE BnVA sc `� AL ALE DESL"ARON A° �L2� NDSCAVC APPCH AA., OfSIGPFD OR AWN M US 31 PART 1 LANDSCAPE SCHEDULE AND GENERAL NOTES ` DOOR ECTRD SHEETS - a CHECKED or O ol. CONTRACT PROJECT IxPn<zP Item #5 - Exhibit F 2/W 100 t )2 e .7EWOMM11E-TEPSEE EES.l Ef E"- .E ELES.E-4-I- tTP.., ArmEEszl a ar arzAkEEtsl N gh tlmvogiv0 _CU NSETI T N L M VINTW S IE 1NT 0 PEh 1 FE MN SEC DEMxx 1-1 774111os311 Ell R.u.suemmEEE A . kataal EMI.1..• Ein NEIL i \ tit 7-1 i ES El Ell ME ME EE 41111217.15021A rigs reslrel re7.14vc,T 07000:00.1:triN2 wa m Mal UWE= Ell /01001, LIMIT; nr CONSIR LIMITS FYI • TYC ErMEaEn N m I EVEE 7ICN U 1O- ENSVT R A LrIMTS CT 1 --- KEY rolx I PRAIRIE MIS 2 WETLAND hi, 3 (3,1044,1,11,4I MIX 4 C,ASSES 51-1511[15 EhOlIANTI 51V, RANT, MFIOL P115001AIS MASSES MEDIAN L.A,DSCAPE ft'• • , ' 141111 Elit:14 'Or, g 2e.c=i3lcal0MBINERS.132,71.47-0.01Pal 4rawS...q611 I WO' o w.....,........ .i.., :-. • - 111 IiiiiEl MI LE El CONSTR LIMITS TYR Ell EN 0 U111/111, SI- `LAN IIETAIL A - A/ATCHLINE ,TA 335 -OU 0 STA 158. 12 Mil P,W T,P CONSTR LIMITS no ea Item #6 - Exhibit G Nt'l."' LA80920003 RECONVENOra APR APPROVAI , t..., C..2 .‘" ' 9&i5/12 INDIANA DEPARTMENT OF TRANSPORTATION HORIZONTAL SCALE EIR■DCF FILE VERTICAL SCALE DESIGNATION L AND. A, AIALAI17. 7 OA IF 12961, OE, TO/r17 AN ORA. AW PART 2 LANDSCAPE PLAN 1 1 11h TO 116th STREET SURVEY BOOK SHEETS ELECTRONIC / AERIAL I, 1 or 351 CONTRACT 1 PROJECT L 1796■27 Item #6 - Exhibit G KEY MI, 1 PRAIRIE MI5 2 WETLAND MI13 ORNAMENTAL M124 0325232 SMPUPS _OLIAMITS 343 PLANTS PLANT SYMBOL PERENNIALS 58E01811 LANDSCAPE 0321555 �1- ME 0 C0515rR OM Iis TY M—:5111170”" �"" ID ' U53 -1- 21 G8. U53- 1.rR;r1 , la O on ow A ,:,,A� ��' �i,L''`�� a eao c0 "�•'.�_ 0 ® © O EU ® ® Ea PEI EMI RAN TYP raieGPc: f:o3O EN US 31; I6P4ST PLAN ['ETAM A. MATCNLISIF STA 359- I)Io ;TA 1051 PENNSYLVANIA COSNTR LIMITS 333 — <I,r.1 .o I.,3., -III �DTTOO „��� „ „° B No. LA80920003 M.:o ” ^ -- ,Ir R °v.� APPROVAL `` �. -'-vl goo5 /12 INDIANA DEPARTMENT OF TRANSPORTATION »oRIrORTAV SCALE BRIDGE 51 vERTICN RE s CALE DESIGNATION °scAaE 2rzcMrrzcr 2 a °n`” DESIGNED ° " "" PART 2 LANDSCAPE PLAN 111th TO 116th STREET NY 510015 SHEETS cwcc.c° SM c„reKm OA AERIAL c1 ,3/SO 1<B 51 PROJECT 12P Item #7 - Exhibit H EN SEE DETAILS COrL50R LIMPS TIP rM 1YP � 0 1 0 111. — 43` T'«'i a e_ o Q(3. SEE DETAIL. C:X21...."Sr2eee Dee e l7Te_sa,�. S .. AB m RP CINSTR LIMGS, ® .% ® etc 66S US CDUS 31 /8P.RI P'nN Hk Tnll C" MAALAIIIVI STA 385' 00 *00 8 KEY MI, I ERMINE MI, 2 WEIANr, MIS 3 ORNAMENTAL MIA < GRASSES SHRUBS V- �r'UATLrlrr OFPLANTS II vv II srMBnL PEPENNIALS GRA25E5 — — — — VINES MPUTAN IANHSCAPF Item #8 - Exhibit I ��•`° " " °�o - N0. LAB0920003 •101E CP FOR APPROVAL °' )l't`' 9�Ia INDIANA DEPARTMENT OF TRANSPORTATION �VERTIC.LSCALEE BRIDGE FILE DESIGNATION OE2o LANOSCAPC ARCM AEC, 00 a2 /N °`s "'"`° AW ORAAN W PART 2 LANDSCAPE PLAN 111th TO 116th STREET SURVEY / AERIAL SHEETS CHECKED sIA CHCOAED. SM EL `ONTRA` IR -eelsB Iso ,1 +I PROJECT ] e 2 Item #8 - Exhibit I PLANT SCHEDULE DECIDUOUS TREES 7,72 Is, SEED 4.11485 VE4E11111015 19 SCERIS 4.97A 1115. 9/29.91CA 91 RIP 11{ IAD NEN 11 109991■11.1,12. (OTIONAO, Gs...us MAU EVERGREEN TREES SO/POI 9292119 IATIS FIA99.(9019 LO.ROs 1179 TORII NOTES 991 25 SHRUBS COL092(0 511 RC; 9/9. so9 SEA. AV us r ASTIR RI C1112.1 •I 9.11. 0 C C(99219 OK. 49(9991,17(9,002 VINES 111924,1.1.19 ■91,9110/9• 00,, NI 91212,1•19, LAO, 09 9, 999 A17911199119,99919, 99LE ,crs GRASSES (099 9911,•1 VON COPIICIN Iltt COS( 39,19, 919,997,/ CAI LOO9 590 E BETS .1111(10991,919 OF LIO RICE/ SO IL, GENERAL NOTES OH CORD ROTEL 9929 O 9, POT TO 1 ALL PERENNIAL. GRASS ANL, SHRuP REDS TO PECENE 3. OF HARDY/00D 7144 8404004 TREES, INCL.!, THOSE IN NATNE SEED AREAS. TO REG!, E INDIVIDUAL 100104 CIRCLES SEE SPECIFICATIONS AND DETAILS 130 NOT PLANT TREES OT HINES IN LATCH FLOW 011085 08 WITHIN 407 CENTERLINE OP 017101184 wiTN G 01 101 OT SLOW. AI 41051 001100 DIICLIES 3 LoNTRACToe Tu LAYOUT LA71D5CAPE PLAN 0/050 070 SCALED DINIENSIOTIS PLAtITING NAP/ 4 ALL TREES AND SHRUBS TO BE PLACED OUTSIDE OF TFE 01808 (01(1 SEE TYPICAL SECTIONS FOR CLEAR /ONE DIATENSIoNS CONTI ICTS WITH ANA PROPOSED IANDSCAPT LOCATION TO BE FIELD ADJUSTED 3Y CONTRACTOR AND APPROVED 81 Ers(SINTER TRI, TO INSTALLATION 5 CONFLICTS BETWEEN SITE STRUCTURES, INCLUDING UTILITIES AND DRAINAGE STRUCTURES, AND PROPOSED tANDSCAPE OOCATI0115 TO RF FIND (MGM BS CONTRACTOR AND APPROVED 0180011(1 ENGINEER PRIOR TO IlIsTALLATIoN 6 DISTLIFBED AREAS AOT sHowr, REGINA,. I ANDSCAG PLANTING will usE voniFIED OPE u GTO M. NI SEE ROAD PLANS FOP LOCATION CTF DPAINAGE STRUCTURES AND UTILITIES 6 IANDsCAPF SPACING 1044 SNARy awn ON AS RUll T HELD CONDITIONS 911,91119, .1 99(IIL■ I NOME. I • , No. I LA80920003 : P‘PP ' ,,:, „.9 RECO. kNOCO FOR APPROVAL ' ..'s, ‘' 'Hvice:''') )1 WA ,.. 3/66/1p INDIANA DEPARTMENT OF TRANSPORTATION HORIZONTAL SCALE MOSE FILE N / A TICS, 304,6 DEsIGNA TIAN LAHOSCAPT ARCHILE-CL N /A 1,9237 VP-SAWED ,', ORA. 99.1 US 31 PART 2 LANDSCAPE SCHEDULE AND GENERAL NOTES SURVEY ROOK SHEETS CHt-CATO r'' CHLLICLO r. n60T IRANIc / AERIAL CONTRACT Ill.14760 I., I & 100 Item #9 - Exhibit J SI nn on. i 4D ,• an �Op uo Eli Ell NOE // -1 ODS 31 <12,TH ST PLAN WAR A. MATCHHNE 51A WM Ca ®f� fir COIISTR LIMITS (11 EN Ell EN Ell MATCHL NE�1916 _ -��i R{f Ell EN j 1 I_ rcHL NE 4011'+50 '0 EE PAOTYE- CONSTR LIMITS NP 11 IiI NH I IL11 LI { EN � tON51P LIMITS rvP EN U, 2I /1116TH Si PIAII DETAIL n 1- 0(0510l01410110 V)1 1 -26s tr U1 P. III 1n 11 {1 1 q8 ill 6 uF O 4i 0 e 11, NE NMI EE m Ell EN FLA EN m9 11 rsm MATCH LINE 71.17, i 60 TCHLINE STA 412,60 .0 STA <3erin KEY MIX I PRAIRIE MID 2 WETLAND MO 3 ORNAMENTAL MIS A GRASSES SHRUBS PERENNIALS GRASSES m LJl1ANiITT OF PLANTS PLAlIT SYMBOL MEOIA(1 LAr1OSCArE Ell ®z0 a5 —e3ba{ -- -- - _______ - vib -te.., .�� •rr LAB09201103 _ Recouurnoca rcwnRR.ROVA1 _ • '/�'�.t`:' <ADSCARC iv1 3 e /os�ls INDIANA DEPARTMENT OF TRANSPORTATION HORIioNUOO SCALE BRIDGE FILE VERTICAL SCALE DESIGNATION ARCH,. '7 oA 1-_laO 19oe„22 OFS/LNEO. ORAON PART 3 LANDSCAPE PLAN 1 26th TO 131s1 STREET BOOK SHEETS CHF,LW un CIECCPC0 Dr. e04+005 CONTRACT I5+SHE PROJECT Item #10 - Exhibit K O © O _ ass i� m , 'MI o n�sa9CgeB o qoe oee eoe'e m ®1 o eeeC t� uo� m 0 A:o LE PD m m,E9u� o P® `p=, iiiiii�V a r.:1r b ®. m 0[. I rvT • �1 BEI m � 7 En Ell -PR F OUS 3III31STST PLAN DETAIL B- 1.1ATENLINE :TA a3,6 !n "5T GON51R LIMITS TAP LIMITED ACCESS i RM'TYR Y 1i 11 ;I 1311 MATCHLINE 36x)8 nail be 0 ,o c o- ir At' 1311 o Op El lb Ell m EN OP En Y' E: EZI NEE Elti m mss 0 � v) /� ! NEM 111 �y,yoe ^ems ,4361" Ea 7 ID m RAN DP 1 offli a° � Z:o Z'� t _ - ® 8.�1' G l 0. F �'• 1 L /, , EN IIII NM El KEY MIL I PRAIRIE MIA 2 WETLAND MIL 4 03NA1INITAL MN J GRASSI-5 SHFU4S oufrrn 6F PLANTA FL1Ni Sr MbOL PERENNIALS GRASSES MEDIAN LAIJDSI APE D N? KEY MAP r L PLAN DETAIL C Item #11 - Exhibit L ...,�• •,•:.,. no ` LA80927007 = ' " "•• „W,�,• ^”' REC..-NOEO `G1PAP1FO °AE - ADSC'P.t';�-' :,'t 5/09/12 INDIANA OF TRANSPORTATION HOR LE BRO. FILE VERTICAL SCALE Pnc LIOOA DESiCRA oR °' ATDEPARTMENT A DESIGNED ION °"""" W PART 3 LANDSCAPE PLAN 1 26th TO 131st STREET SURVEY BOOR SHEETS cI,C..Fa 414 CHECKED Dr ELECTRONIC / AERIAL CONTRACT 1P-3,S11 Len 1 "11 3. PROJECT 1246,7 Item #11 - Exhibit L R/W TEP 0 Eel A Ell MCI ® Coca - o 8 o..,, CS KEY MIA I PRAIRIE MIA 2 WETLAND MI, ...ORIENTAL MI: 4 (444S544 SHRUBS ONAIll 111 OF PIAIJTS VLAIIT SbOL PCRCNNAL4 C,RASSES — — — — VINES I: 1 MEDIAN LANDSCAPE ' TvP CONSTR LIMITS A tsle n ,i• OU1 2t rF .I PLAN DETAIL C- MATCHIINF SRA 455: 1010 STA 475400 IN`TCHLI Item #12 - Exhibit M = A o•,•, LA80920003 - r ., "°°"°°A< .11."`3:4''' - 1ANOSCAOC T � % E /D'/IZ INDIANA DEPARTMENT OF TRANSPORTATION Ho LE BRIDGE DLE WRAC. SCALE OESIONANON ARC4r,rc, DArr ' "0O " "`° W ° "A" W PART 3 LANDSCAPE PLAN 126th TO 131st STREET SURVEY RM /ERI SHEETS —te PROJECT CHECK CO' srn CMal,r, DE "L CONTRACT Item #12 - Exhibit M PLANT SCHEDULE DECIDUOUS TREES CGND NOTE, SEED MIRES NOTES PERENNIALS 505508EEN TREES RED VA, CAROtINIANA HONK [RM. IDENIAO, 1.15101,14,1014 Irl1UPI•E, {WAIN wrillt 011t5(1.,, WCOLOP PP I■CK PINE ,P1,CuNCOLOR .0 11,114 SHRUBS LEIS SEE SPEC. PP,1,17, 4,4119.0.Es ttf VINES GRASSES MUNI GENERAL NOTES 1 ALL PERENNIAL GRASS AND SHRUB BEDS TO RECEIVE 0 0° HARDWOOD FINE s1'JICI I EPEES, 1/00100110 THOSE 111 NATIVE SEED AREAS, TO RECENE INDIVIDUAL MULCH 0I50L55 SEE SPECIFICATIONS 5040 UEIAII5 7 All PERENNIAL, GRASS, SHRUB, VINE AND NATIVE SEED REDS ICJ RECEIVE n' OF IUPSUIL APPLE AHL I AMINO lU SPECIFICATIONS OR AS DIRECTED l DO NOT PLANT TREES OP 5HPUB5 IN DITCH FLOW USES OR WITHIN A' OF CENTERLINE OE DITCH OP WITHII! T OF TOE OF SLOPE AT FLAT BOTTOM DTIC TIES n CONTRACTOR' 10 LAYOUT LANDSAPE PLAN BASED ON SCALED 0100 5 010515 TAKES' FROM PLAN1150 PIA 5 ALL TREES AND SHRUBS TO BE PLACED OUTSIDE OF TI IF CLEAR ZONE SEE TYPICAL SECTIONS FOR CLEAR ZONE DIMENSIONS CONFLICTS WITH ANY PROPOSED LANDSCAPE LOCATION TO BE FIELD ADJUSTED BY CONTRACTOR AND APPROVED BY 050015EER PRIOR TO INSTALLATION 6 A5Y C0110ICTS 0504/011 SITE 5511000U050, INCLUDING 110111TIE5 AND DRAINAGE STB10 TURFS, AND LANDSCAPE LOCATIONS TO PE FIELD ADJUSTED BY CONTRACTOR AND APPROVED Pr PROJECT ENGINEER 15 PRIOR TO INSTALLATION J DI5:URBED AREAS NOT 511000 PECE101110 LANDSCAPE 500100ING Wilt USE 000151ED TI PE U SEED 0411 8 5FF 5000 51 AIJ5 FOP I OCATION OF DRAINAGE STRUCTURES AND 051015IES LANDSCAPE SPACING InAf VAR, BASED ON AS BUILT FIELD CONDITIONS p ILNa :f, 1:H�LAI II�:TF ._ No _ LAB0920003 _0 "4'" RoaDAINa0 n'' .'NY��L•C.•� B INDIANA DEPARTMENT OF TRANSPORTATION HORIZONTAL SCALE 8000E FILE N/A VERTICAL ALE Rn5 SCALE DESCNAnoN l . N ARCH, /0 4 A, DESIGNF0 SM DA41W SM US 31 PART 3 LANDSCAPE SCHEDULE AND GENERAL NOTES /AERIAL SHEETS CIA-C1,0 DK 0,0,0 DI. ELECTROMC CONTRACT In31ol1 314 PROJECT 1,3,50 12^4427 Item #13 - Exhibit N 0 IIS 3 N PR, I PLAN DETAIL , MATCIAINE STA ARS .00 iA STA RSA on KEY 11.1-2,1,11 1-2:11 AII% I PRAIRIE NV, 2 WETLAND ARIA 3 ORNAMENTAL M134 GRASSES SIIRUIS R_CRIIANTITA. (AF PLANTS PLANT SYMBOL PERENNIALS GRASSES - - - - VINES MEDIAN LANDSCAPE Item #14 - Exhibit 0 If N'OF.'" J LA80920003 _ = RECOMNDED :.03,(C.2„:". 1,1,,,. - LANDSCAPE . V° 9/12 INDIANA DEPARTMENT OF TRANSPORTATION HORIZONTAL SCALE BRIDGE FILE VERTICAL SCARE DESIGNAIION APCNI7EC7 DA 7E 1226,7 DESIGNED SEA DRAWN ,,,,, PART 4 LANDSCAPE PLAN 1 36th STREET BOOK SHEETS CHE, ED 5, LI4a1,0 DK ELECHRONIC / AERIAL CONTRACT 1,24750 IRS jol i 1ER PROJECT 1,26,7 Item #14 - Exhibit 0 CM EM EMI N Ea I) ..0).76 ■.', 4,4444s. „ =MU IN' fo‘i; Erm fi:IVP. a -IPIP-- 181104,,, CM MC HMV' :a MillegN4 ilt-K4,k; . ..r_,-- 36st.ST - 6004 CM I CM dif CM if El 40 ter CM TO EN tONSTrL1MTIT'S 00, EN EN 1,49'11 KM SAI corisra 11,005 TyP - 40°' -- '- ICE ICE ME OM MC ,ursi 41,742,4" - r • kA, • ^ R/W 5003315 LIMITS 5,0 DITCH CHAN,. TO RECEIVE WERAND 8'.0. TIP WIDTH 0 55 0/130110T PLAN OITOII B - MATCH,INE STA 4E18+00 10 STA 509 ■ 00 CM TYP KEY MIK 1 PPTIRIE Wt 0003 ORNAMENTAL MI% 4 GRASSES 51IRU6S EiQUANTIV OF PLANTS f',111- SYMBOL PFPFIINIALS GPXSES MENAI, L981110500: Item #15 - Exhibit P No. LA80920003 =.■ or *pm 140/lic.-1‘t LAINOSCAPE ..,,\ 8/09/12 INDIANA DEPARTMENT OF TRANSPORTATION HORIZONTAL SCALE BRIO. FILE VERTICAL SCALE OESiGNAT1ON 490-1, 7Z, 1 0,411- 114,417 VESIGNED SIN ORA. ,,, PART 4 LANDSCAPE PLAN 136th STREET SURVEY 80. SHEETS Cr/CLIC!, DK ELECTRONIC / AMAL CONTRACT 1,3,50 1,. jor 1 1,P PROJECT 129,1" Item #15 - Exhibit P AR, - - - a a ir..W.g:Z."ACt• ,—LOILISTR 0 US 21 /P17.1/1 PLAN NFTAII C MATC3IIN2 STA SON L CO 0 STA 535,00 coNs, LIMPS TLP NEI Ea NM EI WE KM BM M CM ,aitek 0.4 wce ai4+4 00 \- - - - \--CONSILP LIMIT5 - -- I rl I d r ILI, I 1.21 11:12 In cm r-4-WairroW'AIL,40, 81:0 41414i I Ell 1111 im i 1E1 al Ell Eli ''.4241.,„,„,,,•0 00, 6 .. KM , "'ft-7.0 • ' 0 0000 6 . C-Vil data .0 ° 62 te :1'■,,a a-1 r EN W — 10011 Ell 01 MI I= 1121 ER Fra S22 MEI I M 1011 aill1W.11111 viegtV0 0 US 11/PIE-K1 PLAN DETAIL [0 • MATCHLINE STA SI, 00 to STA 146 SS KEY MIX I 330111 MIA 2 WETLAND 014 3 O1NAM2721A1 MILL 4 GRASSES r21 SHRUB, P17017,1013 0303335 01,77111V 03 53.5013 PLANT SYMBOL MEDIAN LANDSCAPE ._... .... _.• ___ _ _.. .. . 22 — .__ ___ ______ __ _ _ ___ ,...,"*.44>,., LAB0929003 \ r RECORUFFIDED \l y 2 m„, 2. MAMA,- 0/ ,. ,,,...1 v, o 2 INDIANA DEPARTMENT OF TRANSPORTATION HORIZONTAL SCALE BIXOC1-• FILE VERTICAL SCALE DESIGNATION ARCH, R. OA 72- 12776,7 OFSIONOO 510 ORA MN SM PART 4 LANDSCAPE PLAN 1361h STREET SURVEY BOOK SHEETS CHFCRI-0. SO CA R [FIFO' . ELECTRONIC / AERIAL CONTRACT IP, /MI 227 loll 1511 PROJECT 122M1/22 Item #16 - Exhibit Q PLANT SCHEDULE DECIDUOUS TREES SennBOL 1,1,1 EVERGREEN TREES 3,3773 0,1.1 11,1r1 SAID C,ES, SHRUBS EL SEED 5119E5 PERENNIALS VIN95 GRASSES GENERAL NOTES ALL PERENNIAL, °PASS AND SHRUB BEDS TO RECEIVE .170F HARDWOOD FINE MULCH TREES, INCLUDING THOSE 111 NATIVE SEED AREAS, TO RECEIVE INDIVIDUAL MULCH CIRCLES SEE SPLCINC.ATIONS AND DETAILS 7 ALI PERENNIAL, GRASS, SHRUB, VIN! AND 10107 9770 REDS TO REGEIV7 6.07 7075011 ARK S ACCORDING TO SPECIFICATIONS OR AS 9750750 B DO NOT PLANT TREES OR SHRUBS IN DITCH FLOW LINES OR WITHIN 4' OF CENTERLINE OF DITCH OR WITHIN 7 OF TOE OF SLOPE AT!LAT ROTTON DDC YES 4 CONTRACTOR T0,7001 LANDSCAPE PLAN RASED 00 SCALED 0 ELNSION9 RE, 00 PLANTIN° PLAN 5 ALL TREES AND SE IRLIBS 711 RE PLACED 050155 OF THE CLEAR ZONE SCC TrPIC AL SECTIONS FOR CLEAR ZONE DIMENSIONS CONFLICTS WITH ANY PROPOSED LANDSCAPE LOCATION TO HE FIELD 4D:USTED B! CONTRACTOR AND APPROVED BY ENGINEER PRIOR 10 INS1ALLAIION E ANY CONFER. TS' 77070/151 E STRUCTURES, INF LI1011J °N ILI ES AN DRA WAGE STRUCTURES, AND PROPOSED 95505007E LOCATIONS TOILE FIELD ADJUSTED 57 (0IITRAC205 AND APPROVED B! 0PO4ECT ENGINEER 21101 10 INS IALLA I ION 7 DISTURBED AREAS NOT SHOWN RECEIVING. 00DSCAPE PLANTING WILL USE MODIFIED TIRE U SEED MIS 9 SEE ROAD PLANS FOR LOCATION OF DRAINAGE STRUCTURES A110 UTILITIES v LANDSCAPE SPACING MA, VARY RASED ON AS BUILT FIELD CONDITIONS p.. „,,., ,,, ,:N,AI 0,7,5 , = LA0092'a 0093 = ACCO INO� 4 jay O �.' w Olz L I ND I ANA DEPARTMENT OF TRANSPORTATION HDR eLN rA L SCALE ELPIOCE DEE VERTICAL SCALE .` DEs ooH LA NOSCAPE ARCH, N/A 1796427 OESC"EO 5h1 ORA. `M US 31 PART 4 LANDSCAPE SCHEDULE AND GENERAL NOTES ° " „C, AERIAL 77: SHEETS ar0000 DP CHECKED DI. CONTRACT PROJECT Item #17 - Exhibit R ,LE DEtAILA 2 /21211211.'' m C tl■ 2.2 5EE DETAILS — -,72, PAGE 177 - —7 • _ 020125.2-AP2 000, 3,A0 0,0,2 .401F ,A2E 00111,14610u A221.) SC201/1112 Sa Stitt] 323 No . LA80920002 WC ATTO • ■ cc 10 2011 ,F7 ,4,41 .C.VO WA, ARCI-VEC OA 7r 01-40VED ORA rEC TEL 1' Dr Item #18 - Exhibit S C'44.(0 HATCH KEY PANIC11/21VIRGAT111.1 5512(51-1015/ 1115022 ,22,22112 11214U3 012 IIIPE 107P211215 .12121 2/1511223RA 2/10E6112. CP51r12, ARCTIC FPI( 7•7]; 2444 21)511441101 — — 52004235411r420111 321 \\I \\iv 4 .' ' -''''''"----.`.'.--• ---_, ' ▪ 1,1 PAGE 177 21_222 21p 32:1 '27M'S1.7- 44)4 4)4)4 INDIANA DEPARTMENT OF TRANSPORTATION HoulzoNIAL scALE SEGMENT 5 LANDSCAPE PLAN 0/0 supypy 3032 F ELEc010/410 / AEPIAL CONTIPAct () D, -r r,;:o. NC)TEFflAPLLrIPIJC If(33, P1,D SC,(313, SEF SMEF 35/ , 0,, , "3.,, LA8092M ; 3 GOR ■PRPOY. a, INDIANA DEPARTMENT OF TRANSPORTATION I ■LRYONIAL SCALE CIN1D. FILL VERPCA NiA 3 SCA. 0E05=0N . LANDS., 5RO,, 77 DA 777 N / OOKKA SEGMENT 5 LANDSCAPE PLAN SURVEY BOOK ELECMON.0 / AMA,. SHEETS 37212! j350 "(PTO DI C3,0,30 OK CONTRACT IR 30201 r'ROJECt Item #19 - Exhibit T 0310 To BE STAKED, SFF F-3. OD,. PG 322 631 013 NILIG,Ir'N 2312 :11 – E,Nt,'INCLR, CLANS, LA,311 = IF NO, -03 L0030I,2FILIIC0LIUU 022 511311 322 = 1 LA209E003 HIM I FOR a,PROMI LANDSCAPE Ai 7041,r 0A, HATCH KEY L.1Z–,1 30010,112 VI4000TI 3110110e1 SUMAC 3,1P13E,.. C1:011U5 0112321 VIBLANUNI 77.1 2030111 23014 0131 0300033111110033 — PLUG PLANTING AREA - PAGt 32 , L- Mk, - RAGF 32 303 00121 INDIANA DEPARTMENT OF TRANSPORTATION !r1,--- 22 ti(11,CONIA, SCALC EMOGE N/A vE1_712C,SiS.ALE 0,90,27 01.02 30 33000110 OK Item #20 - Exhibit U 3031703 2710 OK SEGMENT 5 LANDSCAPE PLAN ELECl;02 7Z+1,—:52.31:1.5:0 PRDJEC, ['WW1 1300301 PIANT SCHEDULE DECIDUOUS TREE, gr imull US. CM SHRUB 4ND GRASSES 51 SEED MIKES ON OS ,sl1,1,111015,75 GENERAL NOTES i MOOT, BEDS TO RECEIVE 3.02 HARUW(,0U FINE MULCH TANI:52T =I ANT II: DITCH DOW IRA, Sr f DTTYIL5 TOP-DTI,. RAND, 3 -1LAY20I1E'. 01101110 ID 55001/503 DAN/ DO NOIrl..,l W0003 510N M551(101 WIIPIN TOT DITCH CONKCTUP TO 0301150/05(015500424S00 ON SCALED UIMEIISIONS IA110 FROr0 F0/1111C, 5W^: CI EAR 70) CAICULRED ACCORDING IGII(G AN OT STANDARDS SR GIN /111155'(1(005OR ADDING. DETAIL CUM LIU:(551 Art• PRI.POTEDLAr1D5, APE D2 ONE IO AE rICLD ADITSTED aT CONTRRUORR AND APPPOVS0 Br °Rolf CT ENGINEER aloe P. ^, 1NsTwrATIC N Y CUN111(1/ BETW5f ll SIT! STRUCTURES 1110 55050001AIIDSCAP0 IOC411GNS TO BE 111I D ADIUSlrD BY 511r.TRALTOa AND 05550050 aT 551 rlEil 31005001 PRIOR 10 INSTALLATION STARING P1003 SINES CUT TOP Or /1053 ,0004E NOTE 2105900 SCAR55HUU10 BE 010(E THE :;ROUND —_ IRIM, 2RArICHES CLOSE NA,IrAUI.t /'f /C211'.II,,, PASS t4✓! ANGLED CUT AT BUTT -EI1D, PL4l:T BUTINENND DOM] CLEAN CATS 4 MA ND 00 NOT DAMAGE 553055 OR SPLIT (1D5 DURING INSTAIIATION, USE A DI 01 BAR IN %IRA OILS CUT1I',G5 FOa 2: NGI'cS [00)01 /5510110 NSTAILAIION TAL,P TT1F 5011 APOUND TIIF STAY, 5003 '35BLE SPCC 155 TOa STAARIG INCLUDE 0130/, 00 DOG 400D, 0(30 G 0000000 COTTONWOOD (POPLAR SPECIE51 LIVE STAKING IN SOIL SCALE 112. - I'_c I (;.' 11,1 TPI Al Lm( 5'AIJ i •'LEO1:RaE' DITCH PTV0Tr •f N1 RIPRAP - • Y-IC,L APL, 51A -0NG LIVE STAKING IN RIPRAP STAKES IN L LIVE CU- 11IN(i: :HALL 7E517E5 01 0E051501E DIE 115055, 511110 0121.15101. L/•"EP ADO NATI, SOIL 60-TI' TYRICAL,r,oN RETE+T 505 /CAL 0E0'TllJrl ,NP LNIulH U! RUC. 014NNING AREA AS r1UICD UN 50(.1 OPLUG PLANTING DIAGRAM 3 yr _ 1'.0• Item #21 - Exhibit V vtd C "' No. ABBO"OBO'+ PJ•,,P,,,,• nrca/ucMOro rO"A"'YO ° "` -. '- ;''�'`' %, r,A 't INDIANA DEPARTMENT OF TRANSPORTATION HORIZONTAL SCALE: Dance 131E I vCRnc./.L SCALL ucslc■l,noN <AAOSC.o. ARCH., N/A oaoo4313 5M Aa,.rw SEG. 5 SCHEDULE AND DETAILS °A /ERIAL SHEETS cr rem LA n/ccro DR EL ESlOc CONTRACT IR 50:0t Jas 013004313 Item #21 - Exhibit V Diagrams of mowing /litter pickup limits — Interchanges Item #22 - Exhibit W Diagrams of mowing /litter pickup limits — Islands G z m li CROSSOVER Item #23 - Exhibit X Diagrams of mowing /litter pickup limits — Roadside E m ■ 8 Item #24 - Exhibit Y W