HomeMy WebLinkAboutHittle's Landscaping/Street/117,038/2016 Mowing - E of MeridianHittle's"Landscaping, Inc.
'a -
Street Department - 2016
Appropriation #43-504.00; P.O. #32533, 33497, 33492µ,
Contract Not To Exceed $117,038.002��`
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
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 Hittle's Landscaping, Inc. an entity duly authorized to do
business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
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 43-504.00 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 One Hundred Seventeen Thousand Thirty Eight Dollars ($117,038.00) (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 conformance
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 by Vendor to and accepted by City, 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.
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Hittle's Landscaping, Inc.
Street Department - 2016
Appropriation #43-504.00; P.O. #32533, 33497, 33492
Contract Not To Exceed $117,038.00
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.
DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
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Hittle's Landscaping, Inc.
Street Department - 2016
Appropriation #43-504.00; P.O. #32533,33497,33492
Contract Not To Exceed $117,038.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E -VERIFY
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E -Verify Law"), Vendor is required to enroll in and verify the work
eligibility status of its newly -hired employees using the E -Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E -verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E -Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E -Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E -Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate. this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E -Verify Law. The requirements of this paragraph shall not apply should the E -
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON -ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in -this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement..
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Hittle's Landscaping, Inc.
Street Department - 2016
Appropriation #43-504.00; P.O. #32533, 33497, 33492
Contract Not To Exceed $117,038.00
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term .of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel AND Douglas C. Haney,
One Civic Square Corporation Counsel
Carmel, Indiana 46032 Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Hittle's Landscaping, Inc.
11778 Sun Park Drive
Westfield, Indiana 46073
ATTENTION: Dave Funkhouser
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall .not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
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Hittle's Landscaping, Inc.
Street Department - 2016
Appropriation #43,-504.00; P.O. #32533, 33497, 33492
Contract Not To Exceed $117,038.00
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2016 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document,
it does not engage in investment activities within the Country of Iran.
27. 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. -
28. 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 all 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 shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
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Hittle's Landscaping, Inc.
Street Department - 2016
Appropriation #43-504.00; P.O. #32533, 33497, 33492
Contract Not To Exceed $117,038.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By:
/am'e,'Brainard�e�� ffice r
Ann
Date:
Lori S.
Date:
Hittle's Landscaping, Inc.
By:
114—
Authorized Signature
9 e4R YV'114
Printed Na e
Title
FID/TIN:
Last Four of SSN if Sole Proprietor:
Date: 3-
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6
CONTRACT CHECKLIST
Department: Carmel Street Department
Department Head or designee and telephone number: David Huffman: 317-733-2001
Vendor name, contact, telephone/ fax numbers and address: J9 (W/e 1 LQ , / �s��i - ti c
o7? & Pa ,-k 6r
end, 0� .(�a 41C U If k4ouYe""
Request BPW Date: ASAPContract Type:
f� l.plc� o F 31
G
J1 III, °3
Date and Initials
317, 9-443- -5- 739
a. Materials (supplies, equipment, etc)
b. S rvice (consulting, training, etc)
c. Public Works projects subject to
formal bid package/ procedures
D.H. 1. Contract approved as to business terms by Department Director and/or designee
, oL o l - Ll 3 � Sd K � r6 � Lh d S a`� "� Devi c �u `N o9 /v !� g 03 ' 401/
D.H. 2. ��� a. Line Lt Item and Major Budget Classification, or
b. Request Board Approval on condition precedent that sufficient funds are
appropriated (for Service Contracts Only).
3. Original of contract and this checklist to BPW Secretary
4. Contract approved as to form by DOL
5. Contract returned to sponsoring Department (to obtain vendor's signatures)
6. Signed contract submitted to BPW Secretary for placement on BPW Agenda
7. BPW consideration:
Approved
Disapproved
EXHIBIT
/ofl3
TECHNICAL SPECIFICATIONS
EAST OF MERIDIAN
TS -1 CONTACT FOR QUESTIONS REGARDING CONTRACT DOCUMENTS
In compliance with the Instructions to Bidders, should any questions arise regarding the
Contract Documents, the following person shall be contacted:
Dave Huffman
Carmel Street Department
3400 W. 1315` Street
Carmel, IN 46074
Tel: (317) 733-2001
Fax: (317) 733-2005
Should a bidder or its agents receive any clarification, direction, suggestions, or
correction to the Contract Documents that is not issued by a written addenda from the
OWNER within 7 calendar days prior to the Bid Date, no consideration will be given to
the CONTRACTOR for errors, omissions, etc., on which its Bid was based.
As a condition precedent to being awarded this contract, the bidder understands and
agrees to dedicate a crew to perform the work required herein that is wholly comprised of
persons whom the bidder has not assigned to perform the same or similar work for the
City pursuant to a separate contract. In other words, if the bidder is awarded two or more
mowing and/or landscaping -related City contracts, it cannot as the same personnel to
perform work under or pursuant to more than one of these mowing and/or landscaping -
related City contracts.
TS -2 PROJECT SCOPE
Provide ground care and maintenance for the rights-of-way, landscape easements and medians of
the following: (AREAS IN RED ARE OUT OF THE RIGHT-OF-WAY, AND MUST BE BILLED SEPARATELY -
NEW AREAS ARE IN BOLD)
96th St. Medians
East and West of Gray Rd.
18,408 Sq. Ft.
0.43 Acres
116th St. — College Ave. to Keystone Roundabout 1.08 Acres
R.O.W. and 9 Medians (297 Trees)
46,894 Sq. Ft.
116th St & US -31 Interchange/ Pennsylvania St Roundabout 2.6 Acres
113,368 Sq. Ft.
131 st St.- Illinois St to Old Meridian St. 4.7 Acres
205,608 Sq. Ft.
EXII r BIS __P �
136th St & US -311 Rohrer. Rd./ Smokey Row Rd. 6.2 Acres
272,115 Sq. Ft.
136th St. (Smokey Row) and Range Line Rd. 0.04 Acres
Roundabout only.
Irrigated
1,590 Sq. Ft.
Avian Way / Cherry Creek Blvd. and Hazel Dell Pkwy. 0.20 Acres
Roundabout turf, 4 divider islands, and R.O.W.
8,585 Sq. Ft.
Carmel Dr. & US- 31- Illinois St to Pennsylvania St. 0.60 Acres
26,260 Sq. Ft.
Grand Blvd- Old Meridian St. to Main St.
1.3 Acres
57,898 Sq. Ft.
Keystone Ave. Medians
4.60 Acres
S. of 106th St. to N. of 136th St.
200,376 Sq. Ft.
Keystone Pkwy. And 106th St.
1.42 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
61,876 Sq. Ft.
Keystone Pkwy. And 116th St.
0.873 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
38,061 Sq. Ft.
Keystone Pkwy. And Carmel Dr.
1.26 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
54,767 Sq. Ft.
Keystone Pkwy. And 126th St.
1.47 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
64,083 Sq. Ft.
Keystone Pkwy. And 131St St. (Main St.)
1.73 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
75,127 Sq. Ft.
Keystone Pkwy. And 136th St. (Smoky Row)
3.32 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
144,719 Sq. Ft.
Carmel Police Station
0.46 Acres
Irrigated
20,000 Sq. Ft.
Carmel Japanese Garden 0.69 Acres
Irrigated
30,000 Sq. Ft.
EXHISiff --L
J 0� 13
Carmel City Hall 1.03 Acres
Irrigated
45,000 Sq. Ft.
*North Lawn of City Hall to be mowed twice per week; Monday and Thursday*
Carmel Fire Station and North Parking Lot 0.73 Acres
Irrigated
32,000 Sq. Ft.
City Center Dr. — Carmel Garden St. to Pennsylvania Pkwy. 5.24 Acres
Medians and R.O.W. (376 Trees)
Not irrigated
228,055 Sq. Ft.
College Ave—between 116th St and Pennsylvania Pkwy 0.37 Acres
Medians and R.O.W.
16,117 Sq. Ft.
Congressional Blvd—between Pennsylvania Pkwy and City Center Dr 0.93 Acres
Islands and R.O.W.
40,511 Sq. Ft.
Grande Blvd. East — Old Meridian to Guilford 0.58 Acres
2 Medians and R.O.W. (57 Trees)
25,124 Sq. Ft.
Gray Rd. — 96th St. to 106th St. 6.00 Acres
Medians, R.O.W. and turf at Roundabout at 106th St. (217 Trees)
261,360 Sq. Ft.
Hazel Dell Pkwy. — 96th St. to 146th St. 61.89 Acres
Including Roundabout Lawn, Medians, R.O.W. (2000 Trees)
2,695,976 Sq. Ft.
Old Meridian St. — Pennsylvania to Guilford 1.57 Acres
R.O.W., Medians, 4 Roundabouts
68,209 Sq. Ft.
Palladium and The Green at City Center 2.34 Acres
All turf
102,003 Sq. Ft.
*Including City Center Landscape Beds N of City Center Building*
*The Green MUST be mowed Thursday of each week*
Pennsylvania St. Medians 6.69 Acres
Old Meridian to 103rd St.
291,416 Sq. Ft.
Pointe Pkwy. 0.14 Acres
Medians Only
6,098 Sq. Ft.
River Rd & Haverton Way Islands 0.58 Acres
25,580 Sq. Ft.
E HIBIT
Total
Veterans Memorial Lawn
3rd Ave across from the Palladium and Center Green 0.46 Acres
20,000 Sq. Ft.
Westfield Blvd. — 99th St. to 96th St. 9.45 Acres
Includes Medians, R.O.W., and Divider Islands (106 Trees)
411,847 Sq. Ft.
130.97 Acres
Such Project work includes mowing and trimming of turf, the pickup and removal of litter,
fertilization, herbicide application, and the control of weeds within turf along listed roadway
areas. Labor, material and equipment will be supplied by CONTRACTOR. CONTRACTOR
shall be responsible for the timely and acceptable performance of all work necessary to
accomplish the Project described herein. The same hourly mowing rate of pay shall be used for
all additional roads that may be added.
TS -3 WELLHEAD PROTECTION
The majority of the Project will be constructed through a wellhead protection area and in
close proximity to several of the OWNER'S wells that provide a large portion of the City
of Carmel's drinking water supply. As such, the following requirements must be strictly
observed.
A. Handling and storage of petroleum and chemical products must be done in a safe
manner.
B. Petroleum and chemical products shall not be stored within a 200 -foot radius of a
well.
C. Vehicles shall not park or be stored within a 200 - foot radius of a well.
D. Petroleum or chemical spills must be reported immediately to the Carmel Hazmat
Team and to the OWNER regardless of the size of the spill. The Carmel Hazmat
Team can be reached by telephone at the "911" emergency number or at 571-
2580.
TS -4 HOLIDAYS WHEN WORK IS NOT PERMITTED
The Contractor shall not perform any work on the Project which requires traffic control
on the following days:
A. Sundays
B. Memorial Day
EXHOIT
�ofl3
C. Independence Day
D. Labor Day
E. Thanksgiving Day and the day after Thanksgiving
This requirement may be waived by the OWNER in its sole discretion, if requested in
writing and in advance of such Work.
TS -5 MOWING SPECIFICATIONS
5.1 MowingPeriod — The Project mowing period shall begin on April 1, 2016 and
continue through November 30, 2016 inclusive.
5.2 Quali1y — The area to be mowed must be mowed weekly so as to maintain a
quality appearance, including trimming along curbs (see 5.3 for exception).
Under no circumstances will the work site be left with patches of un -mowed
grass, clumps of grass, or mowed -over litter. CONTRACTOR shall not blow
into nor leave grass clippings on any streets or on sidewalks.
5.3 Grass Height - Grass that is not at least three (3) inches high shall constitute lack
of need. Grass that is taller than three (3) inches shall be mowed to a minimum
height of three (3) inches.
5.4 Clippings — Clippings are not to be blown into mulched areas, including tree
rings, shrub beds or stone mulched areas. Grass clippings shall be recycled onto
the turf with mowing equipment designed to recycle the clippings. Any
clippings that are so thick as to lie on top of the mowed grass shall be dispersed
by re -mowing, raking, or blowing until they are no longer noticeable.
5.5 Tree Leaves — Tree leaves are to be mulched and recycled back onto the turf
using equipment that is designed for this purpose.
5.6 Trimming - Concurrent with its lawn mowing services, CONTRACTOR shall
string trim around curbs, mulch tree rings, shrubs and planting beds where
necessary and otherwise at the discretion and direction of OWNER. No
trimming of any tree limbs is permitted.
5.7 Trimmingage — Trimming shall be performed in a manner that does not
damage any plant material. Damage to plant material shall be promptly repaired
or replaced by CONTRACTOR at its own expense.
5.8 Litter removal - CONTRACTOR shall remove all litter from grass, shrubs and
planting beds before mowing or trimming same. Litter will be maintained and
continued on a weekly basis through the term of the contract.
Ew H i B IT A
6 cc 15
TS -6 TURF FERTILIZATION AND HERBICIDE
6.1 Frequency of fertilization — All non irrigated turf areas shall be fertilized a
minimum of 2 times a year, of no more than 1 lb. of actual nitrogen per 1,000
sq. ft. per application, with a total of no less than 1.75 lb. of actual nitrogen per
1,000 sq. ft. per year. The first mandatory application to occur no earlier than
March 1, 2016, and no later than May 15, 2016, and the second mandatory
application to occur no earlier than September 1, 2016, and no later than
November 30, 2016.
6.2 Fertilizer Tyne — All fertilizer applied shall be a sulfur coated, slow release
fertilizer containing nitrogen, phosphorus, and potassium in a form available for
plant use.
6.3 All irrigated turf areas are to be on an approved care program which includes
the minimum applications of.
1. Early Spring fertilization with a crabgrass pre -emergent
2. Spring fertilization (slow release) with broadleaf weed killer if broadleaf weeds
are present
3. Early Fall fertilization with broadleaf weed killer
4. Late Fall fertilization
Additional applications may be applied a total of no less than 3 lbs. of actual
Nitrogen / 1000 sq. ft. during the growing season. No less than 0.50 lbs. N / 1000
sq. ft. and no more than 0.75 lbs. N / 1000 sq. ft. to be applied in any one
application with the exception of late Fall fertilization which can be up to 1.50
lbs. N / 1000 sq. ft. and no less than 1.0 lbs N / 1000 sq. ft. Turf areas should be
kept relatively weed free. Additional applications of herbicides may be necessary
to control weeds. These applications are to be done at the CONTRACTOR'S
expense.
6.4 Frequency fpre-emergent crabgrass and broadleaf herbicide application — All
turf areas shall have a pre -emergent crabgrass herbicide applied once in the early
spring within a three-week window of application depending on weather of
April 1, 2016. All turf areas shall also have a broadleaf herbicide applied thereto
a minimum of 2 times a year, the first mandatory application to occur no earlier
than April 15, 2016, and no later than May 30, 2016, and the second mandatory
application to occur no earlier than September 1, 2016, and no later than
October 15, 2016.
6.5 Sample Label - CONTRACTOR shall submit a sample label for all fertilizers
and herbicides it proposes to use and obtain OWNER'S approval of same before
applying same to any turf area.
EXHIBIT A '
7 J c3
6.6 Notification - OWNER must be notified by CONTRACTOR in writing at least
seven (7) calendar days in advance of any intended application of fertilization
and/or herbicide application. An e-mail with the activity (application amount
and date of the activity) is the preferred method of contact; a phone call is not an
acceptable method of contact.
6.7 Fertilizer Application Method — All fertilizer shall be spread with a rotary,
broadcast spreader in such a manner as to insure even coverage, with no
streaking.
6.8 Certification - CONTRACTOR shall be certified and hold all required
applicators licenses from the State of Indiana to perform the obligations set forth
in the Section.
6.9 Compliance — CONTRACTOR shall comply with all environmental, and
chemical, and all other applicable LAWS in performing its obligations under
this Section.
6.10 Fertilizer Clean -0 — CONTRACTOR shall clean up granular fertilizer from
roads and sidewalks.
EXHIBIT __&_
ZOO
ADDENDUM #1
TECHNICAL SPECIFICATIONS
EAST OF MERIDIAN
TS -1 CONTACT FOR QUESTIONS REGARDING CONTRACT.DOCUMENTS
In compliance with the Instructions to Bidders, should any questions arise regarding the
Contract Documents, the following person shall be contacted:
Dave Huffman
Carmel Street Department
3400 W. 131St Street
Carmel, IN 46074
Tel: (317) 733-2001
Fax: (317) 733-2005
Should a bidder or its agents receive any clarification, direction, suggestions, or
correction to the Contract Documents that is not issued by a written addenda from the
OWNER within 7 calendar days prior to the Bid Date, no consideration will be given to
the CONTRACTOR for errors, omissions, etc., on which its Bid was based.
As a condition precedent to being awarded this contract, the bidder understands and
agrees to dedicate a crew to perform the work required herein that is wholly comprised of
persons whom the bidder has not assigned to perform the same or similar work for the
City pursuant to a separate contract. In other words, if the bidder is awarded two or more
mowing and/or landscaping -related City contracts, it cannot assign the same personnel to
perform work under or pursuant to more than one of these mowing and/or landscaping -
related City contracts.
1 �.�►��ZIII��I�.�K1 ' 0
Provide ground care and maintenance for the rights-of-way, landscape easements and medians of
the following: (AREAS IN RED ARE OUT OF THE RIGHT-OF-WAY, AND MUST BE BILLED SEPARATELY -
NEW AREAS ARE IN BOLD)
96th St. Medians
East and West of Gray Rd.
18,408 Sq. Ft.
0.43 Acres
116th St. — College Ave. to Keystone Roundabout 1.08 Acres
R.O.W. and 9 Medians (297 Trees)
46,894 Sq. Ft.
116th St & US -31 Interchange) Pennsylvania St Roundabout 2.6 Acres
113,368 Sq. Ft.
131st St.- Illinois St to Old Meridian St. 4.7 Acres
205,608 Sq. Ft.
I Cf 13
ADDENDUM #1
136th St & US -311 Rohrer Rd./ Smokey Row Rd. 6.2 Acres
272,115 Sq. Ft.
136th St. (Smokey Row) and Range Line Rd. 0.04 Acres
Roundabout only.
Irrigated
1,590 Sq. Ft.
Avian Way / Cherry Creek Blvd. and Hazel Dell Pkwy. 0.20 Acres
Roundabout turf, 4 divider islands, and R.O.W.
8,585 Sq. Ft.
Carmel Dr. & US- 31- Illinois St to Pennsylvania St. 0.60 Acres
26,260 Sq. Ft.
Grand Blvd- Old Meridian St. to Main St. 1.3 Acres
57,898 Sq. Ft.
Keystone Ave. Medians 4.60 Acres
S. of 106th St. to N. of 136th St.
200,376 Sq. Ft.
Keystone Pkwy. And 106th St. 1.42 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
61,876 Sq. Ft.
Keystone Pkwy. And 116th St. 0.873 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
38,061 Sq. Ft.
Keystone Pkwy. And Carmel Dr. 1.26 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
54,767 Sq. Ft.
Keystone Pkwy. And 126th St. 1.47 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
64,083 Sq. Ft.
Keystone Pkwy. And 131St St. (Main St.) 1.73 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
75,127 Sq. Ft.
Keystone Pkwy. And 136th St. (Smoky Row) 3.32 Acres
Roundabout, entrance and exit ramps, and R.O.W. turf
144,719 Sq. Ft.
Carmel Police Station 0.46 Acres
Irrigated
20,000 Sq. Ft.
Carmel Japanese Garden 0.69 Acres
Irrigated
30,000 Sq. Ft.
--V U 1 is.h��
ADDENDUM #1
Carmel City Hall 1.03 Acres
Irrigated
45,000 Sq. Ft.
*North Lawn of City Hall to be mowed twice per week; Monday and Thursday*
Carmel Fire Station and North Parking Lot 0.73 Acres
Irrigated
32,000 Sq. Ft.
City Center Dr. — Carmel Garden St. to Pennsylvania Pkwy. 5.24 Acres
Medians and R.O.W. (376 Trees)
Not irrigated
228,055 Sq. Ft.
College Ave—between 116th St and Pennsylvania Pkwy 0.37 Acres
Medians and R.O.W.
16,117 Sq. Ft.
Congressional Blvd—between Pennsylvania Pkwy and City Center Dr 0.93 Acres
Islands and R.O.W.
40,511 Sq. Ft.
Grande Blvd. East — Old Meridian to Guilford 0.58 Acres
2 Medians and R.O.W. (57 Trees)
25,124 Sq. Ft.
Gray Rd. — 96th St. to 1061 St. 6.00 Acres
Medians, R.O.W. and turf at Roundabout at 106th St. (217 Trees)
261,360 Sq. Ft.
Hazel Dell Pkwy. — 96th St. to 146th St. 61.89 Acres
Including Roundabout Lawn, Medians, R.O.W. (2000 Trees)
2,695,976 Sq. Ft.
Old Meridian St. — Pennsylvania to Guilford 1.57 Acres
R.O.W., Medians, 4 Roundabouts
68,209 Sq. Ft.
Palladium and The Green at City Center 2.34 Acres
All turf
102,003 Sq. Ft.
*Including City Center Landscape Beds N of City Center Building*
*The Green MUST be mowed Thursday of each week*
Pennsylvania St. Medians 6.69 Acres
Old Meridian to 103rd St.
291,416 Sq. Ft.
Pointe Pkwy. 0.14 Acres
Medians Only
6,098 Sq. Ft.
River Rd & Haverton Way Islands 0.58 Acres
25,580 Sq. Ft.
B u �._
X'r
I(a�
Total
ADDENDUM 91
Veterans Memorial Lawn
3rd Ave across from the Palladium and Center Green 0.46 Acres
20,000 Sq. Ft.
Westfield Blvd. — 99th St. to 96th St. 9.45 Acres
Includes Medians, R.O.W., and Divider Islands (106 Trees)
411,847 Sq. Ft.
130.97 Acres
Such Project work includes mowing and trimming of turf, the pickup and removal of litter, and
the control of weeds within turf along listed roadway areas. Labor, material and equipment will
be supplied by CONTRACTOR. CONTRACTOR shall be responsible for the timely and
acceptable performance of all work necessary to accomplish the Project described herein. The
same hourly mowing rate of pay shall be used for all additional roads that may be added.
TS -3 WELLHEAD PROTECTION
The majority of the Project will be constructed through a wellhead protection area and in
close proximity to several of the OWNER'S wells that provide a large portion of the City
of Carmel's drinking water supply. As such, the following requirements must be strictly
observed.
A. Handling and storage of petroleum and chemical products must be done in a safe
manner.
B. Petroleum and chemical products shall not be stored within a 200 -foot radius of a
well.
C. Vehicles shall not park or be stored within a 200 - foot radius of a well.
D. Petroleum or chemical spills must be reported immediately to the Carmel Hazmat
Team and to the OWNER regardless of the, size of the spill. The Carmel Hazmat
Team can be reached by telephone at the "911" emergency number or at 571-
2580.
TS -4 HOLIDAYS WHEN WORK IS NOT PERMITTED
The Contractor shall not perform any work on the Project which requires traffic control
on the following days:
A. Sundays
B. Memorial Day
C. Independence Day �� A D � m- ff
A.
�:.H � B, I
12 J 0
ADDENDUM #1
D. Labor Day
E. Thanksgiving Day and the day after Thanksgiving
This requirement may be waived by the OWNER in its sole discretion, if requested in
writing and in advance of such Work.
TS -5 MOWING SPECIFICATIONS
5.1 Mowinfz Period — The Project mowing period shall begin on April 1, 2016 and
continue through November 30, 2016 inclusive.
5.2 Quali — The area to be mowed must be mowed weekly so as to maintain a
quality appearance, including trimming along curbs (see 5.3 for exception).
Under no circumstances will the work site be left with patches of un -mowed
grass, clumps of grass, or mowed -over litter. CONTRACTOR shall not blow
into nor leave grass clippings on any streets or on sidewalks.
5.3 Grass Height - Grass that is not at least three (3) inches high shall constitute lack
of need. Grass that is taller than three (3) inches shall be mowed to a minimum
height of three (3) inches.
5.4 Clippings — Clippings are not to be blown into mulched areas, including tree
rings, shrub beds or stone mulched areas. Grass clippings shall be recycled onto
the turf with mowing equipment designed to recycle the clippings. Any
clippings that are so thick as to lie on top of the mowed grass shall be dispersed
by re -mowing, raking, or blowing until they are no longer noticeable.
5.5 Tree Leaves — Tree leaves are to be mulched and recycled back onto the turf
using equipment that is designed for this purpose.
5.6 Trimming - Concurrent with its lawn mowing services, CONTRACTOR shall
string trim around curbs, mulch tree rings, shrubs and planting beds where
necessary and otherwise at the discretion and direction of OWNER. No
trimming of any tree limbs is permitted.
5.7 Trimming damage — Trimming shall be performed in a manner that does not
damage any plant material. Damage to plant material shall be promptly repaired
or replaced by CONTRACTOR at its own expense.
5.8 Litter removal - CONTRACTOR shall remove all litter from grass, shrubs and
planting beds before mowing or trimming same. Litter will be maintained and
continued on a weekly basis through the term of the contract.
LW0 (W 7=H== D== c `1 9 1X= Y' 0
Awa a 9 E �.0
EXHIBIT B
Invoice
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Date:
Signature
Printed Name
Goods
Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Property damage, contractual liability,
products -completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non -owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
EXHIBIT D
L"IDAVICT
�� �� being first duly sworn, deposes and says that
she is familiar wit�aqd)bafoils personal knowledge of the facts herein and, if called as a witness. in this
tter, could testify as follows:
I am over eighteen 0 8) years of age and -am competent to testify to the facts contained
herein.
I am now and at all !� dines rel
rele
l� vant herein have been employed by
��.uJSC `a-�, p l 1l1O1 ii.0re
(the "Employer )
in the position of
3. I am familiar with the employment policies, practices, and procedures .of the Ern o
have the authority to act on behalf of the Employer.. Pl yer arzd
4. The Employer is enrolled and participates in the federal E -Verify program. Documentationof this enroIlrnent and participation is attached and incorporated herein.
5. The Employer does not knowingly employ any unauthorized aliens.
b• To the best of my information and belief, the Employer does not currently employ any
unauthorized aliens.
7, FURTHER AFFIANT SAYETH NOT.
A
EXECUTED on the -"' day of
i r
Printed: _ (�� AZ e—A
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
Printed: i ed\ (��.Lj P-
�
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