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HomeMy WebLinkAboutMainscape, Inc/STREET/$1,351,440/Mowing & Landscaping Mainscape,Inc. Street Department -2020 Appropriation#2201 43-504.00,2201 43-509.00, 101 43-509.00 Fund;P.O.#103354, 103540, 103637 Contract Not To Exceed$1,351,440.00 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES *1;10 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 Mainscape, Inc., an entity duly authorized to do business in the State of Indiana("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 2201 43-504.00, 2201 43-509.00, 101 43-509.00 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 Million Three Hundred Fifty One Thousand Four Hundred Forty Dollars ($1,351,440.00) (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 thirty-five (35) 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 witl4the 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. 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. [S:\Contracts\ProtSvcs&Goods Sva1Street\2020N1ainscape,Inc.Goods and Serviccs.doc2/112020 1:12 PM] 1 Mainscape,Inc. Street Department -2020 Appropriation#2201 43-504.00,2201 43-509.00, 101 43-509.00 Fund;P.O.#103354, 103540, 103637 Contract Not To Exceed$1,351,440.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c)fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set.forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty(30)days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City 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. [S:\Contracts\Prof.Svcs&Goods SvcslStreet\2020VvLaioscape.Inc.Goods and Servicos.dac:2I112020 1.12 PM 2 Mainscape,Inc. Street Department -2020 Appropriation#2201 43-504.00,2201 43-509.00, 101 43-509.00 Fund;P.O.#103354, 103540, 103637 Contract Not To Exceed$1,351,440.00 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 [S:\Contacts\Prof.Svcs&Goods Svcs\Street12020\Mainscape,Inc.Goods and Services.doc:2/112020 1:12 PM] 3 Mainscape,Inc. Street Department -2020 Appropriation#2201 43-504.00,2201 43-509.00, 101 43-509.00 Fund;P.O.#103354, 103540, 103637 Contract Not To Exceed$1,351,440.00 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 bouglas C. Haney, Street Department Corporation Counsel 3400 W 131st Street Department of Law Carmel, Indiana 46074 One Civic Square Carmel, Indiana 46032 If to Vendor: Mainscape, Inc. 13418 Britton Park Road Fishers, Indiana 46038 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. [S:1Contracts'ProfSva&Goods Sva\Strcet12020\Mainscapc,Inc.Goods and Servicos.doc:2/112020 i 12 PM] 4 Mainscape,Inc. Street Department -2020 Appropriation#2201 43-504.00,2201 43-509.00, 101 43-509.00 Fund;P.O.#103354, 103540, 103637 Contract Not To Exceed$1,351,440.00 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, 2020 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. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term "principal" for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise.from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City's request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. [S:\Contracts\PrOESvcs&Goods Svcs\Street\2020Mainscape,Inc.Goods and Savices.doc:2/I12020 1 l2 PM] 5 Mainscape,Inc. Street Department -2020 Appropriation#2201 43-504.00,220.1 43-509.00, 101 43-509.00 Fund;:P.O.#103354, 103540, 103637 Contract Not To Exceed$1,351,440.00 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. IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA V Mainscape, Inc. by and through its Board of Public Works and Safety #(91 P James Brainard, Presiding Officer Authorized Signature Date: /,,,ice j► �/ Printed N6me ary An, B k•, Me b-r Date: i - i• sg""e- ) c 'ram' i 1T7v� Title Lori .Wats. 'Me ber FID/TIN: ,.�.g - //n,,l 3) f 6.)Date: ' a�1 lam© Last Four of SSN if Sole Proprietor: ATTEST: Date: 2- /Z -2-1924, Sue Wolfgang Ie Date:Oa /9/al)-,? IS•:A+nuadater.Sra k Gcals SvnLS4et}l'0I0`1Saiaxapc,lac.Gcat+and S<nicn.d'-.all1A0I0 I:IZ EMI 6 Page 1 DATE �Vva r4 0%, PROPOSAL 1/31/2019 -S. L: M4INSCAPE SERVICE ADDRESS ,BILLING ADDRESS CONTACT INFORMATION , _ BRANCH A• DDRESS Name:Dave Huffman MAINSCAPE,INC. Phone: 13418 Britton Park Road Alt: Fishers,IN 46038 EMAIL: COMMUNITY NAME. WORK ORDER it ACCOUNTABLE BRANCH CONTACT' ` Carmel Street Department Ray Gonzalez Phone:(317)577-3155 Fax: (317)577-3161 SERVICE CODE AND DESCRIPTION 1499-OTHER LANDSCAPE MAINTENANCE PROPOSAL FOR_ 2019 January-July Services _ SPECIFICS,DESCRIPTION,&INSTRUCTIONS TOTAL Mowing and Landscape Services-In Right of Way _ $ 800,000.00 $ $ $ $ Notes: TOTAL: $800,000.00 Conditions: The above price is good for 30 days from date of proposal. Any additional trips to the site caused by the customer for reasons uncontrolled by Mainscape,Inc.will result in a $65.00'trip charge'per event. No warranty on transplanted material. All material is guaranteed to be as specified. Transplanted plant material is not covered under warranty. All work is to be completed in a workmanlike manner according to standard practices. All agreements are contingent upon strikes,accidents,or other delays beyond our control. The purchaser is to carry fire, tornado,and other necessary insurance. Mainscape,Inc.is insured for workmans compensation,general liability,and automobile liability. Certificates of insurance are available upon request. Terms: Net due upon receipt,subject to a 2%per month late charge on past due accounts with costs incurred in collection of this contract,including reasonable attomey's fees,to be paid by the purchaser. Acceptance of Proposal:The above prices,specifications,method of payment,conditions and terms of payment are satisfactory and hereby accepted. Mainscape,Inc.is authorized to do the work as specified. Mainscape or Purchaser may cancel this contract at any time upon giving a 30-day notice or upon customer default of payment terms. Purchaser's Signature Proposed By Name Title Date Name Title Date Exhibit__ Carmel Street Department Additional Turf Areas for Maintenance Beginning 2019 LOCATION TYPE SO FOOTAGE ACREAGE 3rd Ave&City Center Dr Turf 6,605 0.15 i I 96th St&Hazel Dell Pkwy Turf 11,491 0.26 961 St&Priority Way Turf 14,064 0.32 106th St&College Ave Turf 2,448 0.06 Medians 111t St&Springmill Rd Turf 4,817 0.11 Carmel Dr&Old Meridian Turf 20,606 0.47 Lowe's Way Roundabout Turf 17,596 0.40 Main St&Gray Rd Turf 46,945 1.07 Rangeline Rd&City Center Turf 10,195 0.23 Rangeline Rd-Carmel Dr Turf 27,257 0.63 to North of City Center *Rangeline Rd- 136th St to Turf 14,336 0.33 Circle Dr River Rd Turf 219,249 5.03 Springmill Rd- 116th St Turf 159,955 3.67 to 106t St Total Turf 555,564 12.76 *Not all islands are in at Rangeline N of 136th St Exhibit A 24(4 Carmel Street Department Additional Landscape Areas for Maintenance Beginning 2019 LOCATION TYPE SQ FOOTAGE ACREAGE 3rd Ave&City Center Dr Landscape 6,117 0.14 106th St&College Ave Landscape 2,448 0.06 Medians 106th St&Springmill Rd Landscape 5,212 0.12 NE&NW Corners 126th St&Gray Rd Landscape 1,009 0.02 College Ave Landscape 2,324 0.05 &Pennsylvania Pkwy Rangeline Rd-Cannel Dr Landscape 14,437 0.33 to North of City Center River Rd&Cherry Creek Blvd Landscape 7,952 0.18 Springmill Rd- 116 St Landscape 31,219 0.72 to 106h St Springmill Rd-Mallard Ct Landscape 607 0.01 to Jackson Grant Total Landscape 71,325 1.64 Exhibit Carmel Street Department Additional Turf Areas for Maintenance Beginning 2020 LOCATION TYPE SQ FOOTAGE ACREAGE 805 Oswego Rd Turf 6,188 0.14 2711E 96t St Turf 31,182 0.72 12999 Pennsylvania St Turf 363 0.01 3rd Ave near Tarkington Garage Median Turf 800 0.02 96th St&31 Eyebrow Median,465 S exit to 31 Turf 20,011 0.46 96th St&Ditch Rd-NW corner Turf 7,540 0.17 96th St&Keystone Turf 36,952 96th St—E of Randall Turf 3,304 0.08 at Enterprise 96th St.—From W of Church on Towne Rd to Elm Dr Turf 38,880 0.89 96th St—From Towne Rd to Ditch Rd Turf 97,785 2.24 106`h&31 Turf 32,188 0.74 106`h St&Crooked Stick Dr Turf 5,430 0.12 106th St&Holiday Dr-handrail Turf 65' straight(spray) 0.01 106`h St&Jordan Rd-N side Turf 3,189 0.07 106th St&Lakeshore Dr W Turf 3,420 0.08 Ditch at Fire Station 106th St&College Ave Turf 618 0.01 NE corner near car lot 111th&31 (over) Turf 2,880 0.07 l l ld'&Echo Crest Dr W Turf 5,971 0.14 116h St-W of Gray- N side of guide wires Turf 668 0.02 Exhibit 116`h St-W of Gray, S side at field Turf 8,848 0.20 116th St @ River Rd-the NW corner Turf 1,355 0.03 116th St-W of Ditch Rd Turf 2,056 0.05 116th and River Rd-Guardrail Turf 830 0.02 116`h&Towne Turf 21,649 0.50 NW corner ROW 126th St-E of Gray-N side Turf 2,328 0.05 136th St-E of Towne Rd(4 spots) Turf ; 8,533 0.20 Both sides of Abercorn St 136th St-East of Keystone Turf 1,730 0.04 South Side Ditch Rd—From 96th St to just South of 106th St Turf 44,340 1.01 Guilford-N of City Center Turf 1,974 0.05 E side(sidewalk to curb) Guilford-N of City Center Turf 3,730 0.09 W side(just check) Guilford, S of Main St Roundabout Turf 12,313 0.28 Illinois & 111th St-SE corner Turf 10,380 0.24 Main St-From Cool Creek W Turf 2,640 0.06 to Log Cabin-N side Main St,btwn Cool Creek/Red Oak Turf 642 0.01 _ handrail every other time Main St&Gray Rd Turf 6,616 0.15 Main St&Maplecrest Turf 1,232 0.03 Main St&Pennsylvania-SW Corner Turf 1,847 0.04 Main St&York Dr Turf 1,082 0.02 Medical Dr @ Governor Sq Apts Turf 11,388 0.26 Michigan Rd- 116th St to 96th St Turf 20,784 0.48 Randall Dr—N of 96`h St Turf 3,527 0.08 Exhibit _. Rangeline Rd-N of 136th St-medians Turf 5,550 0.13 5-46 Shelborne Rd—From South of 116th St to North of 96`h St Turf 126,285 2.89 Smokey Row Bridge-E of 1st Ave NE Turf 9,243 0.21 Smokey &Carey- Black handrail and guardrail Turf 1,334 0.03 Smokey&Gray Rd.-S of culvert Turf 200 0.01 Smokey-W of Gray Rd ditch N side Turf 680 0.02 Springmill— 116`h- 106th Turf 122,736 2.82 Woody's-Building West of Turf 1,570 0.04 Woody's-Two buildings North of Turf 8,540 0.20 Total Additional Acres of Turf: 16.23. Exhibit_— 4 al() Carmel Street Department Additional Landscape Areas for Maintenance Beginning 2020 LOCATION TYPE SO FOOTAGE ACREAGE 2nd St SW-3rd AVE SW to Monon Blvd Landscape 1,050 0.02 3rd Ave SW&City Center Dr Landscape 3,560 0.08 116th&Gray Landscape 34,020 0.78 136t&Carey Landscape 25,917 0.59 136t&Gray Landscape 5,979 0.11 Elm St-3rd Ave SW to Veterans Way Landscape 4,568 0.10 Elm&Rangeline Landscape 120 0.01 Hawthorne&Carey Landscape 9,602 0.22 Old Meridian&Pennsylvania Landscape 659 0.02 Pennsylvania&Old Meridian Landscape 659 0.02 Rangeline Rd-N of 136th St-Medians Landscape 1,768 0.04 Springmill Rd-S of 111th on E side of road near fence to 106th Landscape 8,803 0.20 Springmill- 116th— 106th Landscape 31,219 0.72 Total Additional Landscape Acres: 2.94_acres Exhibit 4 Page 1 DATE 1�t'tlii �:.���;.�.;, PROPOSAL 1/31/2019 Mb �fl. *141 NSCAPE SERVICE ADDRESS BILLING ADDRESS CONTACT INFORMATION - _ BRANCH ADDRESS Name:Dave Huffman MAINSCAPE,INC. Phone: 13418 Britton Park Road Alt: Fishers,IN 46038 EMAIL: COMMUNITY NAME WORK ORDER It ACCOUNTABLE BRANCH CONTACT Carmel Street Department Ray Gonzalez Phone:(317)577-3155 Fax: (317)577-3161 SERVICE CODE AND DESCRIPTION 1499-OTHER LANDSCAPE MAINTENANCE PROPOSAL FOR 2019 January-July SPECIFICS;DESCRIPTION,&INSTRUCTIONS I 1 I . I TOTAL Mowing and Landscape Services-Out of Right of Way $ 20,000.00 $ Notes: TOTAL: $ 20,000.00 Conditions: The above price is good for 30 days from date of proposal. Any additional trips to the site caused by the customer for reasons uncontrolled by Mainscape,Inc.will result in a $65.00'trip charge'per event. No warranty on transplanted material. All material is guaranteed to be as specified. Transplanted plant material is not covered under warranty. All work is to be completed in a workmanlike manner according to standard practices. All agreements are contingent upon strikes,accidents,or other delays beyond our control. The purchaser is to carry fire, tornado,and other necessary insurance. Mainscape,Inc.is insured for workman's compensation,general liability,and automobile liability. Certificates of insurance are available upon request. Terms: Net due upon receipt,subject to a 2%per month late charge on past due accounts with costs incurred in collection of this contract,including reasonable attomey's fees,to be paid by the purchaser. Acceptance of Proposal:The above prices,specifications,method of payment,conditions and terms of payment are satisfactory and hereby accepted. Mainscape,Inc.is authorized to do the work as specified. Mainscape or Purchaser may cancel this contract at any time upon giving a 30-day notice or upon customer default of payment terms. Purchasers Signature Proposed By Name Title Date Name Title Date • Exhibit A- Tor/0 0.4 12/5/2019 M4INSCAPE Page 1 of 2 E:43075 LANDSCAPE MAINTENANCE SERVICES GONZALEZ,RAY 2020 LANDSCAPE MAINTENANCE SERVICE AGREEMENT CONTRACT LOCATION CUSTOMER CARMEL STREET DEPARTMENT CARMEL STREET DEPARTMENT • 3400 W.131ST STREET 3400 W.131ST STREET CARMEL,IN 46074 CARMEL,IN 46074 Price Qty Subtotal Tax Total LAWN CUTTING AND EDGING MOWING-WEEKLY 21,690.00 26.00 563,940.00 0.00 , 563,940.00 MOWING-WEEKLY 2,475.00 28.00 69,300.00 0.00 69,300.00 SMALL TREE/SHRUB CARE T/S INSECT&MITE CONTROL#1 3,300.00 1.00 3,300.00 0.00 3,300.00 T/S INSECT&MITE CONTROL#2 3,300.00 1.00 3,300.00 0.00 3,300.00 PRE-EMERGENT BED WEED CONTROL 5,500.00 2.00 11,000.00 0.00 11,000.00 ORNAMENTAL SHRUB PRUNING SHRUB PRUNING-LATE SPRING 33,000.00 1.00 33,000.00 0.00 33,000.00 SHRUB PRUNING-EARLY FALL 22,000.00 1.00 22,000.00 0.00 22,000.00 SHRUB PRUNING-MISC 4,400.00 4.00' 17,600.00 0.00 17,600.00 Additional ground cover pruning. May,July,August, September BED CARE ' MULCH INSTALLATION-HARDWOOD 220,000.00 1.00 220,000.00 0.00 220,000.00 MULCH BED CUT-OUT--EXISTING 55,000.00 1.00 55,000.00 0.00 55,000.00 MULCH BED WEED CONTROL 10,500.00 24.00 252,000.00 0.00 252,000.00 FLORAL PROGRAM PERENNIAL CARE-EARLY SPRING 33,000.00 1.00 33,000.00 0.00 , 33,000.00 PERENNIAL CARE-LATE SUMMER 11,000.00 1.00 11,000.00 0.00 11,000.00 PERENNIAL CARE-LATE FALL 33,000.00 1.00 33,000.00 0.00 33,000.00 OTHER SERVICES PROPERTY DETAILING 8,000.00 3.00 24,000.00 0.00 24,000.00 Weekly policing for trash etc.in January,February, and December Please refer to last page for service specifications. Total Sales -1,351,440.00 Tax Amount 0.00 Contract Amount $ 1,351,440.00 Exhibit_____A___ 12/5/2019 Page 2 of 2 E:43075 LANDSCAPE MAINTENANCE`E SERVICES GONZALEZ,RAY 2020 LANDSCAPE MAINTENANCE SERVICE AGREEMENT CONTRACT LOCATION CUSTOMER CARMEL STREET DEPARTMENT CARMEL STREET DEPARTMENT 3400 W.131ST STREET 3400 W.131ST STREET CARMEL,IN 46074 CARMEL,IN 46074 8 payments of$168,930.00 Conditions:All material is assured to be as specified.All work is to be completed in a professional manner according to standard practices.All agreements are contingent upon strikes,accidents,Acts of God,force majeure,or other delays beyond Mainscape's control.The scope of this contract does not include any installations,maintenance,or other products or services,the need for which is caused by an Act of God or force majeure.Purchaser agrees not to employ any Mainscape employees for the duration of this agreement and for a period of twelve(12)months after agreement expiration,unless otherwise specified in writing by Mainscape.Purchaser is to carry all risk property coverage.Mainscape,Inc.is insured for workman's compensation,general liability,and automobile liability.Certificates of insurance are available upon request. Terms:Net30 days.Any costs incurred in collection of this agreement,including reasonable attorneys fees,will be paid by the Customer. Acceptance of Proposal:The above prices,specifications,method of payment,conditions and terms of payment are satisfactory and hereby accepted.Mainscape,Inc.is authorized to do the work as specified.This agreement is valid 12 months from 1/1/2020 5:00:00 AM unless otherwise specified.And will thereafter renew annually unless a written notification is sent by either party to the other 30-days prior to the aforementioned expiration date.If Purchaser cancels this agreement at any time other than the aforementioned date,Purchaser agrees to pay the balance due for the work completed.Mainscape or Purchaser may cancel this agreement at any time by giving a 60 day notice,or Mainscape may cancel immediately if Purchaser defaults on agreed upon payment terms. Purchaser's Signature Title Date Printed As Agent Name For: Contractor's Signature Title Date Printed Name Company Note:Proposal may be withdrawn if not accepted within 45 days of . Signed Please check the following information and make any necessary corrections. Thank You! Service Location Billing Address CARMEL STREET DEPARTMENT CARMEL STREET DEPARTMENT 3400 W.131ST STREET 3400 W.131ST STREET CARMEL,IN 46074 CARMEL,IN 46074 Exhibitoft I0 otlU EXHIBIT B Invoice Date: Name of Company: Address &Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in,detail) Hours Provided Worked • GRAND TOTAL Signature Printed Name 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: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000. t E E 8 i 1 z H EXHIBIT D x 6 i AFFIDAVIT s 1 ,� /r�* . /�/r �f/ ,being first duly sworn,deposes and says that he/she is familiar with and has personal knowledge of the facts herein.and,if called as a witness in this matter,could testify as.follows: t 1. I am over eighteen(18) years of age and am competent to testify to the facts contained herein. -2. I am now 551 at all times relevant herein have been employed by 'n S'PrLe f /, C. (the"Employer") t. in the position of ---'r?c, ( r 1 N - 3. I am 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-V.erify program and has provided documentation of such enrollment and participation to the City of Cannel, • Indiana. 5. The Company does not knowingly employ anyunauthorized aliens. P Y gY P Y FURTHER AFFIANT SAYETH NOT. EXECUTED on the / day of f /, . _'' q Printed: 41-r ���7... N I certify under the penalties for perjury under the laws of the United States of America and th tat f Indiana that the foregoing factual statements and representations are true and'correct. .,..--' ---- ------------/, dite-' I ,...-"" .-., i, fi? 1-• „7// A JENNIFERD NEY.2,,.... ' ' /4//_�J/ ��1 Printed; �l n Notary Public—Sea! MarionCounty—StateofIndiana 0 Commission Number 710166 ) 1 1 . My Commission Expires Feb 26.2026 j e F E i! 1 INDIANA RETAIL TAX EXEMPT Page 1 of 1 Ciso f Carmel CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER \\ FEDERAL EXCISE TAX EXEMPT 103637 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP CARMEL,INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 1/2/2020 00351837 MAINSCAPE LANDSCAPING Street Department VENDOR 13418 BRITTON PARK ROAD SHIP 3400 W.131st Street TO Carmel,IN 46074- FISHERS„ IN 46038- (317)733-2001 PURCHASE ID BLANKET I CONTRACT PAYMENT TERMS FREIGHT 43097 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2201 Fund: 2201 Motor Vehicle Highway FND Account: 43-504.00 1 Each Mowing/Landscaping 1,238,440.00 $1,238,440.00 Sub Total $1,238,440.00 /�,( ( L. f�l\ \1 \ / \` f� --' a F yy 1�1 I ).Vi I`'- Send Invoice To: Street Department 3400 W.131st Street Carmel,IN 46074- (317)733-2001 PLEASE INVOICE IN DUPLICATE L DEPARTMENT L ACCOUNT I PROJECT I PROJECT ACCOUNT AMOUNT PAYMENT $1,238,440.00 SHIPPING INSTRUCTIONS *ANP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN *SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN *C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE 7 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 194 / �, _ �jam/ i z„,v 4 4�—c'(.-tl AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Yr - Dave Huffman James Crider TITLE Director Administration CONTROL NO. 1 03637 CONTROLLER CityJ1�J1 l e INDIANA RETAIL TAX EXEMPT Page 1 of ®f Car CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 103540 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,A/P CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 12/13/2019 00351837 MAINSCAPE LANDSCAPING Street Department VENDOR 13418 BRITTON PARK ROAD • SHIP 3400 W.131st Street TO Carmel, IN 46074- FISHERS„IN 46038- (317)733-2001 PURCHASE ID BLANKET I CONTRACT PAYMENT TERMS FREIGHT 42726 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1206 Fund: 101 General Fund Account: 43-509.00 1 Each Mowing/Landscaping $10,000.00 $10,000.00 Sub Total $10,000.00 \ Send Invoice To: Street Department 3400 W.131st Street Carmel,IN 46074- (317)733-2001 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $10,000.00 SHIPPING INSTRUCTIONS 'A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN 'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN 'C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. *PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 194 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Dave Huffman James Crider TITLE Director Administration CONTROL NO. 1 03540 CONTROLLER o INDIANA RETAIL TAX EXEMPT Page 1 of I Cit y ®f Ciarinriie1 CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 103354 ONE CIVIC SQUARE 35-6000972 _ THIS NUMBER MUST APPEAR ON INVOICES,AIP CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 12/4/2019 00351837 MAINSCAPE LANDSCAPING Street Department VENDOR 13418 BRITTON PARK ROAD SHIP 3400 W.131st Street TO Carmel,IN 46074- FISHERS„IN 46038- (317)733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 42163 • QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2201 Fund: 2201 Motor Vehicle Highway FND Account: 43-509.00 1 Each Mowing/Landscaping $220,679.00 $220,679.00 Sub Total $220,679.00 / , f 0. S1 3�, . 1 `� !? s j. _ i �1 ' 1 4 Send Invoice To: .i' i- ._ ._ "j_ Z7''r l Street Department �: �_ _�_ = ' s ,. .. .'fF r� 3400 W.131st Street ....` Carmel, IN 46074- __ t'- , I . L (317)733-2001 PLEASE INVOICE IN DUPLICATE DEPARTMENT I ACCOUNT I PROJECT I PROJECT ACCOUNT AMOUNT PAYMENT $220,679.00 SHIPPING INSTRUCTIONS *AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN 'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN *C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 194 f 2��_ j'/`, —`,,�..4 ;_-.-['C- 1 E( AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY lr Dave Huffman James Crider TITLE Director Administration CONTROL NO. 103354 CONTROLLER