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HomeMy WebLinkAboutHittle's Landscaping/Street/48,888.84/2016 Additional Mowing PackageHittle's Landscaping, Inc. Street Department - 2016 Appropriation #43-504.00; P.O. #33491, 33495 Contract Not To Exceed $48,888.84 ✓,i n 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"). 2 3. 4. 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. 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. 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 Forty Eight Thousand Eight Hundred Eighty Eight Dollars and Eighty Four Cents ($48,888.84) (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. 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. [SACa t1n1,\P[nf.S,. & Goods Sm,\S=0201MI&s Landscaping - 2016 Additional Mowing -Goals & Services FORMA -3/14/2016 12:50 PMI Hittle's Landscaping, Inc. Street Department - 2016 Appropriation #43-504.00; P.O. #33491, 33495 Contract Not To Exceed $48,888.84 TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 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. ISXont aots\ProLSv & Goods Sv \Ste A2016V1i11Ws L nd—ping - 2016 Additional Mowing -Goods & Sc i— FORMA -3/142016 12:50 PMJ Hittle's Landscaping, Inc. Street Department - 2016 Appropriation #43-504.00; P.O. #33491, 33495 Contract Not To Exceed $48,888.84 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. [SAComrn Oftd.sv� S Goals Sv ,\S1r t\2016Wittics Landscaping - 2016 Additional Mowing -Goods & Sakes FORMA -3/14/2016 12:50 PK Hittle's Landscaping, Inc. Street Department - 2016 Appropriation #43-504.00; P.O. #33491, 33495 Contract Not To Exceed $48,888.84 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 One Civic Square Carmel, Indiana 46032 If to Vendor: Hittle's Landscaping, Inc. 11778 Sun Park Drive Westfield, Indiana 46073 ATTENTION: Dave Funkhouser AND Douglas C. Haney, Corporation Counsel Department of Law One Civic Square Carmel, Indiana 46032 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. ISACw1metsTroLSv6 S Goods Svc\S1rmA2016\JEtt1 sLand—ping- 2016 Additional Moving -Goals& Services FORMA -3/141201612:50 PMI 4 Hittle's Landscaping, Inc. Street Department - 2016 Appropriation #43-504.00; P.O. #33491, 33495 Contract Not To Exceed $48,888.84 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. [SAConlrnclsToof.Sm & Goods Svc.0SIrccA2016\Hi111C s Land caping - 2016 Additional Mowing -Goals & Scrviccs FORMA -3/142016 12:50 PM] Hittle's Landscaping, Inc. Street Department - 2016 Appropriation #43-504.00; P.O. #33491, 33495 Contract Not To Exceed $48,888.84 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:'I AJames Brainard, ,Qsiding Offi er Date: r Lori S. Watson, mber, Date: ATTEST: S. Pauley, Date: Hittle's Landscaping, Inc. By: Authorized Signature lj fvR -,F14 /y Printed Name P(-tqj )� Title FID/TIN: 3 S —,=9, / (3/5,a Last Four of SSN if. Sole Proprietor: Date: rM Art A 2- b 6 [S:1Con1—(AP.r.Sva & G—L, Sw,\SI-1\2016WiWc's Landscaping - 2016 Addilionnl Mowing -Goals & Scrvi— FORM.,I-:3/14/2016 12:50 PMI 6 2016 ADDITIONAL MOWING PACKAGE TOTAL THIS IS TO BE THE FIRST PAGE OF ENTIRE BID. EXHIBIT /9 [W/ TOTAL BID AMOUNT g ggg. � y THIS IS TO BE THE FIRST PAGE OF ENTIRE BID. EXHIBIT /9 [W/ TECHNICAL SPECIFICATIONS 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. 131 St 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. - 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) S.W. Corner of Guilford & Carmel Dr 2,320 Sq. Ft. 5840 & 6020 E.116th St 19,162 Sq. Ft. 1061 St- West of Gray Rd North side at hill 22,440 Sq. Ft. 136th St & Illinois St Weed -eat by handrail 3,982 Sq. Ft. 0.05 Acres 0.43 Acres 0.51 Acres 0.09 Acres EXHIBIT 7aFl 106th PI & Lexington Ln 0.11 Acres 5,152 Sq. Ft. 106th St & Gray Rd 0.11 Acres West side by walking path 5,160 Sq. Ft. 116th St & College Ave 0.42 Acres S.W. Corner 18,699 Sq. Ft. Main St & Brookshire Pkwy to Gray Rd 0.49 Acres South side 21,669 Sq. Ft. Four points around Cool Creek Bridge on 126th St 0.69 Acres 30,180 Sq. Ft. 116th St- East of Hazel Dell 0.17 Acres North side 7,770 Sq. Ft. 116th St & Gray Rd- North to bridge 0.13 Acres 5,700 Sq. Ft. 126th St at bridge & Golf course at Water plant 0.40 Acres 17,534 Sq. Ft. 126th St & High Dr 0.16 Acres N.E. Corner 7,222 Sq. Ft. 116th St & Ruckle 0.34 Acres North side at guardrail 15,021 Sq. Ft. 116th St & Eden Glen Dr 0.03 Acres North East corner- Weed -eat 1,476 Sq. Ft. Main St- East of Gray Rd to woods 0.80 Acres South side 34,848 Sq. Ft. 136th St & Gray Rd 0.14 Acres South West corner and East side- Weed -eat 6,497 Sq. Ft. Carmel Dr & Gradle Dr 0.10 Acres Side ditch 4,550 Sq. Ft. Gray Rd & Main St 1.70 Acres South almost to Wembley Rd- both sides 75,551 Sq. Ft. EXHUT. A �OT !l Gray Rd- from 116th St to 106th St West side 30,770 Sq. Ft. Guilford Rd- North of Main St East side 3,200 Sq. Ft. 126th St & Brookshire Pkwy 21,669 Sq. Ft. Main St & Sherman Dr S.W. Corner- East and West 27,675 Sq. Ft. Gray Rd- Eyebrows North of Gray Rd on West side of Road 22,824 Sq. Ft. Rohrer Rd Across from Monon Parking Lot 6,917 Sq. Ft. Rohrer Rd- S of 146th St East side 5,040 Sq. Ft. 122nd St & River Rd to Medalist Pkwy 33,440 Sq. Ft. 126th St & River Rd West to Lynnwood Blvd 37,844 Sq. Ft. _ Old Meeting Hall South East Corner of 1St Ave and 1St St SE 1,996 Sq. Ft. 96th St and Sycamore Rd East and West side 4,829 Sq. Ft. 12000 Shelborne Rd 26,283 Sq. Ft. Cherry Tree Rd The ditch at the curve 1,718 Sq. Ft. 116th St from Hazel Dell to River.Rd South side 15,973 Sq. Ft. Commerce Dr- 99th St to Retail Pwky East side 16,380 Sq. Ft. 0.70 Acres 0.07 Acres 0.49 Acres 0.63 Acres 0.52 Acres 0.15 Acres 0.11 Acres 0.76 Acres 0.86 Acres 0.02 Acres 0.11 Acres 0.6 Acres 0.03 Acres 0.36 Acres 0.37 Acres EXHIBITA q0f %' 98th St at Keystone 0.13 Acres Islands 5,900 Sq. Ft. Lakefront Ct & Carmel Dr 0.25 Acres 11,086 Sq. Ft. Grand Blvd -West end 0.15 Acres North side . 6,965 Sq. Ft. Chester Rd & Lakewood Dr 0.07 Acres 3,320 Sq. Ft. River Rd -122nd St to 126th St 1.17 Acres 51,177 Sq. Ft. 0.45 Acres 116th St & Gray Rd 0.76 Acres To the white church 33,344 Sq. Ft. Clay Center Rd 0.13 Acres North of 116th St 5,838 Sq. Ft. 0.039 Acres Clay Terrace Blvd & US -31 at N Rangeline Rd 0.22 Acres 9,843 Sq. Ft. All. of Main St & Gray Rd & Brookshire Pkwy 3.44 Acres 149,927 Sq. Ft. Springmill Rd at 465 1.67 Acres N & S of bridge to 96th St 73050 Sq. Ft. 106th St-- Ditch Rd to Towne Rd 1.90 Acres North side ROW 82,681 Sq. Ft. City Center Dog Park 0.07 Acres On South Side of City Center; West of Rangeline on S side of Road 2,827 Sq. Ft. 1.06th St- ROW 0.45 Acres Property East of Westfield Blvd South side 4 sections 19,523 Sq. Ft. 407 Smokey Row Rd 0.11 Acres 4,983 Sq. Ft. Carey Rd- from 146th St to Hawthorne Dr 0.039 Acres East side 1,699 Sq. Ft. XH I SMT A 5-d(I City Center Dr—from Carmel Garden to E. of Rangeline Rd 4.16 Acres 180,991 Sq. Ft. Clark St—from Carmel Dr to Adams to Guilford Rd 0.31 Acres 13,639 Sq. Ft. Indiana Design Building 0.03 Acres 1st.St SW & Rangeline Rd 1,376 Sq. Ft. Rangeline Rd & Smokey Row Rd RAB 0.83 Acres 36,150 Sq. Ft. Hawthorne Dr & Smokey Row Rd 1.21 Acres 52,751 Sq. Ft. College Ave & 1-465 0.03 Acres Hills 1,320 Sq. Ft. 702 Adams Corner Lot 0.45 Acres 19,689 Sq. Ft. Main St & Hawthorne Dr 1.68 Acres N & S side of road- E & W of Hawthorne Dr 73,094 Sq. Ft. Main St- E of Hazel Dell Pkwy 1.51 Acres South side to Double Eagle Dr. 65,975 Sq. Ft. Harrowgate to Maplecrest Dr 0.07 Acres South side to bridge 2,980 Sq. Ft. Main St South side by last bridge to RAB at River Rd 1.82 Acres 79,061 Sq. Ft. Grassy Area Across from Silver Door Salon at City. Center 0.01 Acres 545 Sq. Ft. Rangeline Rd -3rd St SW to Creekside Dr 0.13 Acres South of 116th St 5,576 Sq. Ft. 96th & Westfield Blvd 1.04 Acres NE Corner Lot All 45,490 Sq. Ft. Saddlebrook Addition 2.01 Acres From Towne Rd to Ditch Rd 91,389 Sq. Ft. EXHUT A Eof(f Clay Center Rd 0.09 Acres South of Main St- Guardrails 3,746 Sq. Ft. 141St St & Ivy Bridge Dr 0.18 Acres South side to Buckhorn Dr 7,897 Sq. Ft. 116th St & SR 31 0.05 Acres NE and SE Islands (2) 2,178 Sq. Ft. Pawnee Rd & 126th St 0.48 Acres 20,800 Sq. Ft. Fire Station at 106th St & Shelborne Rd 0.55 Acres 23,802 Sq. Ft. 106th St & Springmill RAB Area 0.13 Acres 5,571 Sq. Ft. 106th St & Township Line Rd 0.62 Acres Northbound island 26,985 Sq. Ft. 106th St & Shelborne Rd 0.55 Acres North of Fire Station West side of road to church 23,801 Sq. Ft. 116th St to Towne Rd 1.86 Acres SW corner 81,222 Sq. Ft. Illinois St & 111th St 0.09 Acres Roundabout & Splinter Islands 4,100 Sq. Ft. Illinois St & Springmill Turf 0.20 Acres Roundabout & Splinter Islands 8,695 Sq. Ft. Illinois Median 0.53 Acres Between 116th St and 111th St 22,965 Sq. Ft. Total 1,925,442 Sq. Ft. 43.829 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 E)KH iBIT 7bfll 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 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 Mowing Period — The Project mowing period shall begin on April 1, 2016 and continue through November 30, 2016 inclusive. 5.2 Qualit — 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 EXE OF A EXHOF � {l,aV 4 10A 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. 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 of pre -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. 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. .HUNT l" 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 -un — CONTRACTOR shall clean up granular fertilizer from roads and sidewalks. EXHIBIT _A // of (� 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 Statutory Limits Employer's Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products -completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit:. $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non -owned) Bodily Single Limit: 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 �+ n 2eA being first duly sworn, deposes and says that he/she is familiar v, h i d has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: I aln over eighteen (I8) years of age and am competent to testify to the facts contained herein. 2. I a now and at all times relevant herein have been employed by t ��� P (the "Employer") in the position of p S C)e (l' 3. lam familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on. behalf of the Employer. 4. The Employer is enrolled and participates in the federal E -Verify program. Documentation Of this enrollment and participation is attached and incorporated herein. 5. The Employer does not knowingly employ any unauthorized aliens. 6. To the best of my information and belief, the Employer does not currently employ any unauthorized aliens. 7. FURTHER AFFIANT SAYETH NOT. EZ'ECUTED on the day of Printed: ` II e- � � 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 apfi correct. Printed: ec"e'\, yen EiiiployerWizard Page 1 of I Organization Designation: Employer Category: None of these categories apply ....................._.............----- I NAICS Code: 238- SPECIALTY TRADE CONTRACTORS View I Edit Total Hiring Sites: 1 View/ Edit Ei Total Points of Contact; 3 View /Edit ..... ..... ... U.S. DepadrnentotHorn.clandSecudty-xv.vv.dhs.gov U.S. Cifzenshlp and 1"ifIraVon SeMces -wwmuscjs.gov AccessiWitj Download Viewers' llttPs://e-verit,,tiscis.gov/enip/F,iiiployerWizard.aspx 3/10/2014 ;�; Me y i Ili Employment Ellgibill.ty Verification Welcome Made LIlace Io U-10 as MWAI-2090 02:52 Phl - 0 311 012 01 4 Log Out 7 ---------- Home Company Information Mycases New Case View Casesy Company Name: Hittle Landscaping, Inc. FEdit] Search Cases My Profile Company ID Number: 676909 Doing Business As (DBA) Edit Profile 1 Name: Change Password DUNS Number: Change Security ty Questions I MyCompany i Physical Location: Mailing Address: Edit Company Profile Address 1: 17778 Sun Park Drive Address 1: Add New Use .. .... Address 2: Address 2: View Existing Users I city; Westrield City: Close Company Account j State: IN State: My Reports Zip Code: 46074 Zip Code: View Reports County: HAMILTON Ij My Resources View Essential Resources i Additional Information: Take Tutorial Employer Identification Number:352113152 View User r . Is .. nu - at Total Number of Employees: 100to499 Share Ideas I Parent Organization: Contact Us Administrator. Organization Designation: Employer Category: None of these categories apply ....................._.............----- I NAICS Code: 238- SPECIALTY TRADE CONTRACTORS View I Edit Total Hiring Sites: 1 View/ Edit Ei Total Points of Contact; 3 View /Edit ..... ..... ... U.S. DepadrnentotHorn.clandSecudty-xv.vv.dhs.gov U.S. Cifzenshlp and 1"ifIraVon SeMces -wwmuscjs.gov AccessiWitj Download Viewers' llttPs://e-verit,,tiscis.gov/enip/F,iiiployerWizard.aspx 3/10/2014