Yardberry Landscape/Eng/643,556/2016 Carmel View Drainage ImprovementsYardberry Landscape Company
Engineering Department - 2016
Appropriation #2016 Storm Water Bond; P.O. #33684
Contract Not To Exceed $643,556.00E
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES Jqo
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 Yardberry Landscaping & Excavating 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 2016 Storm Water Bond funds. Vendor agrees to provide the Goods and
Services and to otherwise perform the requirements of this Agreement by applying at all times the highest
technical and industry standards. Vendor will not deliver any of the Goods or Services detailed in Exhibit A
prior to obtaining a written Notice to Proceed from the City. Upon receiving a Notice to Proceed, the Vendor
shall deliver only those Goods or Services specifically detailed in the Notice. If the Vendor desires
clarification of the scope of any Notice to Proceed, the Vendor shall obtain such clarification from the City in
writing, prior to delivering the Good or Service set forth in the Notice to Proceed. Any Goods or Services
delivered without the City's prior express written authorization will not be compensated.
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 Six Hundred Forty Three Thousand Five Hundred Fifty Six Dollars
($643,556.00) (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 pursuant to or as part of that certain City of
Carmel Engineering Department Bid Proposal Package for "2016 Carmel View Drainage
Improvements Project #16 -SW -12" received by the City of Carmel Board of Public Works and Safety
on or about April 6, 2016, 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
(XAConbntsXProf.Svcs R Goods SvcsTngi=ringU016\Ynrdbcrq Undsopc Company Goods R. Scniccs FORM -WITH E-Vcrify Lnngtogc.doc:4/19/2016 2:24 PMJ - 1
Yardberry Landscape Company
Engineering Department - 2016
Appropriation #2016 Storm Water Bond; P.O. #33684
Contract Not To Exceed $643,556.00
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.
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.
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.
D. 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.
]X9Contme1s\Prof.Sves & Goods SvesEnginecring@016\Yardberry Landscape Company Goods & Semites FORM - WITH E -Verify Langwge.doc:4/19/2016 2:24 PM] 2
Yardberry Landscape Company
Engineering Department - 2016
Appropriation #2016 Storm Water Bond; P.O. #33684
Contract Not To Exceed $643,556.00
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.
jXACommets1Pmf.S\ & Goods Sycs\Engimxnng120161Yardbcuy Landscape Company Goods & Scnices FORM - WITH ENcrify Lnnguagc.doc:4119/2016 2:24 PM]
Yardberry Landscape Company
Engineering Department - 2016
Appropriation #2016 Storm Water Bond; P.O. #33684
Contract Not To Exceed $643,556.00
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
One Civic Square
Carmel, Indiana 46032
AND Douglas C. Haney,
Corporation Counsel
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Yardberry Landscaping & Excavating
9940 South 100 West
Anderson, Indiana 46017
ATTENTION: Tim Yardberry
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.
JXAContmctsNrof.S%r & Goods Sws%ngmmrmg@016\Yardbcny Lindscapc Company Goads & Seniccs FORM - WITH E-Vcdfp LanguagcA.A/19/2016 2:24 PM)
Yardbeny Landscape Company
Engineering Department - 2016
Appropriation #2016 Storm Water Bond; P.O. #33684
Contract Not To Exceed $643,556.00
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.
JXAConlncls%?rof.Svcs & Goods Svcs\Enginccring\20161Yardberr3, Landsmpe Company Goods & Senicm FORM - WITH E -Verify Langwage.doc:4/19/2016 2:24 PM]
Yardbedy Landscape Company
Engineering Dep 1mcnt - 201.6
Appropriati6n 42016 -Storm Water Bond; P.O. #33684
Contract Not To Exceed S643,556,40
'IN WITNE.SS 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:
Yardberry Landscape Company
Adth i re
1 f?'1
Printed Name
Avn.er-
Title
FibirIN: 35-19/7574
Last Four of'SWif Sole Proprietor:
Date: Ap
�Y!Cotarn•KPIAfS�p s' dais Sf»:sgnitc+[ng�l���iYUJltm• l.fi�axe�c.Comyw7 GaxLv & Sminf FOREI • WtTH L•\'crifp 4,npn�c.Ax:.7.'1};Zn 1c:;2a P�fl
6
BIDDER'S- ITEMIZED PROPOSAL
AND DECLARATIONS
City of Carmel
Instructions To Bidders:
This form shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts
shall be fully and accurately f lled in and completed and notarized.
Project: 2016 Cannel -View Drainage Improvements
Project #16 -SW -12
Proposal For Construction of : The reconstruction of 1,819 feet of proposed storm sewer
along Carmel View Drive, 4t' St. SE,. 5" St. SE, 1" Ave. SE
and Rangeline Rd, including inlets, drive culverts, ditch
grading, culvert cleaning, paved side ditch, street patching,
asphalt, concrete, and gravel drive approach replacement,
removal - and - replacement of existing curb, sidewalk, and
curb ramps, removal of existing pipe and storm structures,
and existing pipe capping and filling.
Date: 4-6-0
To: City of Carmel, Indiana, Board of Public Works and Safety
EXHIBITA -
I
BID PROPOSAL SUMMARY PAGE
Complete the, following information and place as the cover page to
your bid packet. insert all documents into an envelope with project
name and your company name clearly marked on the outside. Seal
the envelope.
Company:
Project Name:
Date Submitted.-
ubmitted:Base.
Base.Bid
o�
Amount:
43., Ss �,—
Local Preference Law
I am claiming Local Preference (Circle One) YES NO
(All required documentation will be required in a post -bid submittal)
cXH9E36T
2
EXHIBIT
` `J v'C'''" .
Engineers
Estimate
16 -SW -12 Carmel View Drainage Improvements
Item 1#
Item
Unit
Unit Cost
Total Cost
1
Mobilization / Demobilization
-Quantity
1
LS
coo ;�R7
j OOo
2
3
4
Maintenance of Traffic
Clearing Ri t of Way
Linear Ditch Grading
1
1
1035
LS
LS
LFT
pG o '
2 o
, a a o -
20.-)00.
5
Curb Removal and Replacement
380
LFT
q6-
(5, Zoo
6
Sidewalk/Ramp Remove and Replace
139
SYS
35 °
32,
7
Curb and Gutter, Concrete
470
LFT
8
PCCP for Drive Patching - 6"
253
SYS
5 Z r
1 1:96'
9
JConcrete Cap for Street Cut Repair - 12"
77
SYS
'7 -7 "
S, 9ZR '
10
Flowable Fill for Street Cut Repair
454
CYS
1104,°j,
qq 0 `
11
HMA Surface, 9.5 mm
60
TON
VL O -
,Zoo '
12
HMA Intermediate, 19.0 mm
105
TON
R S °
9'5-)s -
13
Compacted Aggregate, No. 53 Stone
250
1 TON
o2? °
6, ? So'
14
lCompacted Aggregate, No. 2 Stone
163
TON
95 `
,0-25
15
lGeogrid
579
SYS .
3
1.-13-)0,
16
12" RCP
705
LFT
o `
2, 3 ov '
17
12" CMP
26
LFT
5-5,
3 0 '
18
24" RCP
766
LFT
S
65; , 276 `
19
36" RCP
492
LFT
1
S -.- $ `
20
Clean Existing Pie
221
LFT
/
3 315`"
21
Mechanically Core Structure
3
EA
:50c).
0{.5 0 0`
22
Inlet, Type E
4
EA
Soo
q.2oo `
23
Manhole, Type C
8
EA
�2 ° o -
,2 S, 6c o `
24
Manhole, Type J
5
EA
g7oo ,
a-S'Soo'
25
JNyoplast Drain Basin, 24"
l
EA
1500.
(,Soo'
26
Concrete End Section, 12"
8
EA
qso�,
0 '
27
Metal End Section, 12"
2
EA
4iSU ,
500.
28
Concrete Paved Side Ditch
100
LFT
S5 %*
o 0 `
29
Ri ra , Revetment
90
TON
G 5 P
'58 -so,
30
JGeotextiles
90
SYS
`-
54D'
31
Structure Backfill
3024
CYS
7-159 6
32
Topsoil (undistributed)
84
CYS
4S
g v
33
Restoration / Mulched Seeding
I
LS
IS -1000,
y &.00 o'
34
EC Measures
1
LS
000 `
-7000'
Flowable Fill for ExistingPie
16
CYS
110 `
1 ? o °
Ca ExistingPie
5
00'
1500 '
Concrete Sidewalk, 4 in.
605
2 q
�{ j D'
PCCP for Drive Approach, 6"
392
5
2 d, 3 `1 `
F40
Adjust Hydrant to Grade
2
5 0 0'
O o o`
Water Meter Relocation
l 1
o0"
3.3 O oYard
Li ht, Remove and Reset
1020a'Inlet,
Type J/M
2
43 Clearing Right of Way for Sidewalk 1
Total Preliminary Construction Estimate
s-6 v ' 1
X57ov
. 6'13,,T 5 G
EXHIBIT
` `J v'C'''" .
� l
PART 1
BIDDER INFORMATION
(Print)
1.1 Bidder Name:
5c cc
1.2 Bidder Address: Street Address: qqq() LOb�
City:hVState: Zip: q(p, 7
Phone: Fax: Fax: —7Uc5_3R-03-7(?
1.3 Bidder is clan [mark one]
Individual 'Partnership Indiana Corporation
Foreign (Out of State) Corporation; State:
Joint Venture Other
1.4
[The following must be answered if the Bidder or any of its partners or joint venture
parties is a foreign corporation. Note: To do business in or with the City of Carmel,
Indiana, foreign corporations must register with the Secretary of the State of Indiana as
required by the Indiana General Corporation Act as stated therein and expressed in the
Attorney General's Opinion # , dated
wJanuary
La46
23,1958.]
.l Corporation Name: i.1YA C l�
.2 Address: 06ND S )COD �J k4,rr� lIl�&01-7
.3 Date registered with State of Indiana:
.4 Indiana Registered Agent:
Name:
Address:
BID -2 EXE '4I 5-ri
"Y 0�I C�
n41�
CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96
" State Forth 52414 (R212-13)1 Forth 96 (Revised 2013)
Prescribed by State Board of Accounts
PART
(To be completed for all bids. Please type or print)
Date (month, day, year): 03/28/16
1. Governmental Unit (Owner): City of Carmel, Board of Public Works & Safety
2. County: Wabash County
3. Bidder (Firm): Yardberry Landscape Company
Address: 9940 S. 1000 W
City/State/ZlPcode: Anderson, IN 46017
4. Telephone Number: 765-378-5783
5. Agent of Bidder (if applicable): Tim Yarberry
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete
the public works project of City of Carmel, Board of Public Works & Safety
(Govemmental Unit) in accordance with plans and specifications prepared by Crossroad Engineers
416 -SW -12 2016 Carmel View Drainage Improvements and dated March 2016 for the sum of
6
The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the
notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the
notice. Any addendums attached will be specifically referenced at the applicable page.
If additional units of material included in the contract are needed, the cost of units must be the same as
that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit
basis, the itemization of the units shall be shown on a separate attachment.
The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee,
or applicant for employment, to be employed in the performance of this contract, with respect to any matter
directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry.
Breach of this covenant may be regarded as a material breach of the contract.
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS
(if applicable)
I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory
obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all
subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I
understand that violations hereunder may result in forfeiture of contractual payments.
E JX F. uh 1i BE I
The above bid is accepted this
following conditions:
Contracting Authority Members:
Tim Yarberry
N
ACCEPTANCE
day of April 2016 , subject to the
PART II
(For projects of $150,000 or more — IC 36-1-12-4)
Governmental Unit: City of Carmel, Board of Public Works & Safety
Bidder (Firm) Yardberry Landscape Company
Date (month, day, year): 03/28/16
These statements to be submitted under oath by each bidder with and as a part of his bid.
Attach additional pages for each section as needed.
2.
SECTION I EXPERIENCE QUESTIONNAIRE
What public works projects has your organization completed for the period of one (1) year prior to the
date of the current bid?
Contract Amount
Class of Work
Completion
Date
Name and Address of Owner
118,091.00
Sewer
09/14
City of Fort Wayne
365,914.37
Culvert Rplcmnt
10/14
INDOT
230,264.90
Ped./Bike Trail
10/14
INDOT
253,822.00
Bank Stabilization
10/14
City of Carmel
What public works projects are now in process of construction by your organization?
Contract Amount
Class of Work
Expected
Completion
Date
Name and Address of Owner
666,736.50
Ped./Bike Trail
06/15
INDOT
592,695.00
Environ. Mitigation
06/15
INDOT
-?f r 9°°'
Icf0-
X IBIT
3. Have you ever failed to complete any work awarded to you?
NO
4. List references from private firms for which you have performed work.
Dan Swails, Indy Parks & Recreation, 317-491-2883
Tim Farley, H Steward Kline & Associate, 765-742-0295
Max Abrell, DCRWD, 765-284-6370
Bob Wiwi, Richmond Sanitary District, 765-983-7477
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
If so, where and why?
1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when
you could begin work, complete the project, number of workers, etc. and any other information which you
believe
,would enable the governmental unit to consider your bid.) %
pe
aVJ 60,,11,9&.19¢ to� 0� 0001-- -��
2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm
who have performed part of the work) that you have used on public works projects during the past five (5)
years along with a brief description of the work donne by each
-Qt 1P hss Iu�bcontractor.
O
;� HIBIT
3. If you intend to sublet any portion of the work, state the name and address of each subcontractor,
equipment to be used by the subcontractor, and whether you will require a bond. However, if you are
unable to currently provide a listing, please understand a listing must be provided prior to contract
approval. Until the completion of the proposed project, you are under a continuing obligation to
immediately notify the governmental unit in the event that you subsequently determine that you will use a
subcontractor on the proposed project.
�
4. What equipment do you have available to use for the proposed project? Any equipment to be used by
subcontractors may also be required to be listed by the governmental unit.
3!id),51t V,re --sa-am/ F-%, &�,
5. Have you entered into contracts or received offers for all materials which substantiate the prices used in
preparing your proposal? If not, please explain the rationale used which would corroborate the prices
listed.
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial
statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to
the governing body awarding the contract must be specific enough in detail so that said governing body can make
a proper determination of the bidder's capability for completing the project if awarded.
OT
g�fto
SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT
The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other
member, representative, or agent of the firm, company, corporation or partnership represented by him, entered
into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is
made without reference to any other bid and without any agreement, understanding or combination with any other
person in reference to such bidding.
He further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, fee, gift, commission or thing of value on account of such sale.
SECTION V OATH AND AFFIRMATION
I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION
CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT.
'Dated at Anderson
BY.
this 28
y Landscape
day of March 2016
(Name of Organization)
Owner r
(Ttie of Person Signing)
ACKNOWLEDGEMENT
STATE OF Indiana
COUNTY OF Madison ) ss
Before me, a Notary Public, personally appeared the above-named Tim Yarberry and
swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to before me this 28 day of March 2016
My Commission Expires: 11 /06/2021
County of Residence: Madison
8MPEAVIA11111
NOTARY PUBM
SEAT.
MM&ON OOUNIY, STATE OF O MIA
My OOA4AM8910N OtPM NOVEAt W 00, 9W
OOW118601 IVO 649010
IT
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c
Part of State Form 52414 (R2 / 2-13)'1 Form 96 (Revised 2013)
•
Yardberry Landscape Company
(Contractor)
9940 S 1000 W
(Address)
Anderson, IN 46017
FOR
PUBLIC WORKS PROJECTS
OF
City of Carmel, Board of Public Works & Safety
Filed
Action taken
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
EXHIBIT D
AFTIDAVrr-
being first.du y ;s"vgnj,. depos s tinct silys thdt
he/she is familiar with and .Lias per, oval Icnewledge of file facts hereinn:d,. if called 8'S it wit11C5S 111 rlik$
matter; ctiuicl testify'as follows;
1. .Tam over eighteen (1:3) years of age and alp. competeilt-to.testify tothe facts egnEainecl
herein.
2. :tan �mat mes elev�.rehave been Omployed. by
AW3in flee position of _ MAW-
3.
. 1 aril familiar with the employment policies, practices, and procedures. of die Employer and
haue the authority to act ou behalf of the Employer.'
4. The Employer is erirolled and participates M the federal E-Vefify 1.7togr1111. Documcntataou
Of this enrdllrltent and participation is attached and incorporated.hetein.
S. Tbr, Emplo er sloes not kamingly ompl oy',iny Mialahorized aliuls.
Til: the -best of qny i»formation and belief, tile-Ernployer does riot currently em. ploy,my
unaut'hor z'c!Z l FIl1't ll$,
7. FURTHER AFFIANT SAYETH. NOT.
1 XECUTBD an Mae dlv oi`{l LP
I certify under die penalties for perjury uirder the laws of die U.nitecl states of America and the.State of
Indiana that the foregoing factual statenients ani] .repreSentatioris ale, tt'uc and correct,
((�INDIANA
Cityo�jCarmel
RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
Page 1 of 1
PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT
33684
ONE CIVIC SQUARE
35-6000972
THIS NUMBER MUST APPEAR ON INVOICES, AIP
CARMEL, INDIANA 46032-2584
VOUCHER, DELIVERY MEMO, PACKING SUPS,
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR
CITY OF CARMEL - 1997
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE
DATE REQUIRED
REQUISITION NO.
VENDOR NO.
DESCRIPTION
4/15/2016
356231
Project 16 -SW -12; ASA 1
YARDBERRY LANDSCAPING & EXCAVATING Engineering
VENDOR 9940 SOUTH 100 WEST
SHIP 1 Civic Square
TO Carmel, IN 46032 -
ANDERSON, IN 46017 -
Kate Lustig
PURCHASE ID
BLANKET
CONTRACT
PAYMENT TERMS
FREIGHT
4070
QUANTITY
UNIT OF MEASURE
DESCRIPTION
UNIT PRICE EXTENSION
Department: 2200
1 Each
Send Invoice To:
Engineering
Kate Lustig
1 Civic Square
Carmel, IN 46032 -
Account: 94-650.04 Fund. 0 2016 Storm Water Bond
Carmel View Drainage Improvements
PLEASE INVOICE IN DUPLICATE
$643,556.00
Sub Total
$643,556.00
$643,556.00
DEPARTMENT ' ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $643,556.00
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 UNOBUGATED 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 LABEL
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 -
AND ACTS AMENDATORY THEREOF MID SUPPLEMENT THERETO. ORDERED BY -
TITLE
CONTROL NO. 33684 CLERK -TREASURER
JAMES BRAINARD, MAYOR
ReceI
04-18-16P03:17 RCVD
City of Carmel
L Department of Law
LETTER OF TRANSMITTAL
Date: April 15, 2016
To: Doug Haney
Department of Law
From: Jeremy Kashman
Department of Engineering
RE: Yardberry Landscape Company Contract
An Additional Services Amendment is needed for Yardberry Landscape Company for the May 40' BPW
meeting, please.
Attached please find bid documents and purchase order.
Note: Contract is subject to the availability of funds from the 2016 Storm Water Bond.
Contract Information:
Project Name: Carmel View Drainage Improvements
Vendor:
Yardberry Landscape Company
Amount:
$643,556.00
Appropriation:
P.O. 33684; 2016 Storm Water Bond
Signature:
Tim Yardberry
Address:
9940 S. 1000 W
Anderson, IN 46017
Phone:
765/378-5783
Email:
tyarb(a)-aol.com
DEPARTMENT of ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov
PART 2
BID PROPOSAL
2.1 Base Bid
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools,
apparatus; materials, equipment, service and other necessary supplies, and to perform and
fulfill all obligations' incident thereto . in strict accordance with and within the time(s)
provided by the terms and conditions of the Contract Documents for the above described
Work and Project, including any and all addenda thereto, for the Unit Prices applicable to
the Contract.Items as stated in Part 3 hereof (Itemized Proposal), which Unit Prices, when
multiplied by estimated unit quantities for such Contract Items, total
Dollars ($_ 6 �f 3, S56
2.3 The Bidder acknowledges that evaluation of the lowest.Bid shall be based on such price
and further acknowledges that the unit'quantities listed in Part 3 of this Proposal are
estimates solely for the purpose of Bid evaluation and Contract award, and are not to be
construed as exact or binding. The Bidder also understands that all Work which may
result on the Contract shall be compensated for on a Unit Price basis and that the
OWNER and ENGINEER cannot and do .not guarantee the amount or quantity of any
item of Work to be performed or furnished under the Contract. The Bidder further
understands that a Contract will be awarded by evaluating .the Base Bid if the Owner
wishes to execute.
BID -3