Yardberry Landscape/Eng/1,373,532/Emerson Road Storm Sewer ReconstructionYardberry Landscape Company
Engineering Department - 2016
Appropriation #2016 Storm Water Bond; P.O. #33683e
Contract Not To Exceed $1,373,532.00
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 Yardberry Landscape Contract an entity duly
authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 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 One Million Three Hundred Seventy Three Thousand Five Hundred Thirty
Two ($1,373,532.00) (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 "Emerson Road Storm Sewer Reconstruction Project #16-02" 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 Goods and Services provided to City pursuant to this Agreement have been
Yardberry Landscape Company
Engineering Department - 2016
Appropriation #2016 Storm Water Bond; P.O. #33683
Contract Not To Exceed $1,373,532.00
selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose.
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.
Yardberry Landscape Company
Engineering Department - 2016
Appropriation #2016 Storm Water Bond; P.O. #33683
Contract Not To Exceed $1,373,532.00
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.
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
Yardberry Landscape Company
Engineering Department - 2016
Appropriation #2016 Storm Water Bond; P.O. #33683
Contract Not To Exceed $1,373,532.00
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: Yardberry Landscape Company
9940 South 1000 West
Anderson, Indiana 46017
ATTENTION: Tim Yardberry
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.
4
Yardberry Landscape Company
Engineering Department - 2016
Appropriation 92016 Storm Water Bond; P.O. #33683
Contract Not To Exceed $1,373,532.00
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.
Yardbeny Landscape Company
Engineering Dppairtiijent - 2016
A.1ior(spriation 92.016 Ston -n Water Bond: PA 1133693
�ontrac-(,Nati t, Expeed $1,373,532.00
2.00
IN WITNESS WHEREOF, the parties hereto,have made and executed.this Agreement as follows:
PITY QF.CARMEL, INDIANA
-b:Y and'throogh its Board of Public
:ftksand Safety
pir
ATTEP
S.
Date:
Trea'smer
Yardbeqy Lanclsoape.cbmpany
By,
- �,ure
Printed Nate
Title
FIDMN:,�- 12)--757�
Last:Four of SSN if Sole Proprietor. 12 2-q
-D6td'.-.
6
BIDDER'S -ITEMIZED PROPOSAL
AND DECLARATIONS
City'of Carmel
Instructions To Bidders:
This form shall, be utilized by all Bidders. Except as otherwise speciflcally provided, all Parts
shall be fully and u ac
gwO4IyfilWln and completed and .notarized
Project. Emerson Road Storer: Server Reconstruction
C* onstrUction
Project #16-02
Proposal For Construction of The construction of .2 6,04 feet of
York
. `proposed. storm sewer,
along Emerson Road, York.Drive, ,and Park Lane, including
asphalt sphalt and concrete drive: approach -replacement, and street.
,patching* for storm. crossings, removal and.rep'lacement of
existing curb, sidewalk, and curb rAmps.,. removalof existing
pipe and storm structures, and existing pipe capping and
filling.. Also; the, installation of a:, mechanical stor'mwater
treatment unit and underground detention system at the
downstream trearn - outlet. of the proposed stone sewer
'reconstruction. Also micludedwithin the project will be 419
LFT of 15inch rani
'dtary sewer relocation wthiA 3.
Ave.
W.
b
Date. a Q' A
Tw City
ity of Cihftel, Indiana, Board of Public Works,and Safety
EXHIBIT
PART I
.-BIDDERINFORMATION
(Print)
1.1 LIdderNaiue.
1.2 '13.id.der Address.: StreetAddress: CICHo S 1Dz)o:\PJ
qitY:1Av2J-(?Q�1 8tafe.:,INY Zip -7
Fax:W�-'-�-?2 -D3-7b
Phonel WT 6'� 2
1.3 Biddera/ arkonel
is -an m.
Individual PartnershiD Indiana Corporation. ,
Foreign. (Out,of Stat6) Coiporation; State:,
Joint Venture Other
1.4 [The following must be� answered if the. Bidder or any of its partners :or joint venture.
parties is aforeign :corporation. Note: 'To do business in or with the City of Carmel,
Indiana, Joreign, corporations must register with the Secretaty.,of the.State of ind4and as
required by the Indiana General Corporation Act as stated therein, and ,iaxpeess d
v an the,
Aftmey. General's Opinion92 dated January 23, 1958.]
A Corporation Name: �p burr L
.2 Address-- AJ D/7
.3 Date registered with State of Indiana:
.4 Indiana Reg 'stered, Agent.
1
Nariief
Address:
X I E IlBg'T
F
2-,f
...........
BID. PROPOSAL SUMMARY PAGE
Complete, the in.
following information and place a's the -cover page to
g
your bid packet Insert ail :documents into an envelope Withp rojqc't
.name and. your company name. clearly marked on the outside. SLMO I
the envelope.
PART 3
CONTRACT ITEMS AND UNIT PRICES
[This. Part to be wed only for Bidding on.
Unit Price. Contracts for the Contract Items shown]
Base_ Bid Itemized Pro osal
16-02 Emerson Road Storm. Sewer Reconstruction
STORMSEWER
item #
Item
Quantity
Unit
Unit.Cost
Total Cost
Mobilization / Demobilization, Storm
1
Sewer.
1
LS:
4; C)6, 1-0'
OCU, GD
2
Maintenance:.of Trak, Storm Sewer
1
LSZ
7 "O" —
poo, o
.7 o
3
Clearing Right of Way, Storm Sewer
1
LS
poo; CO
Curb Removal and Replacement,
4
Storm Sewer
250
LFT
pa
O . , too
Sidewalk Remove and Replace, Storm
5
Sewer
35
Sys
4-r
q a5;OD
Curb Ramp Remove and,Replace,
6
Storm Sewer
21
SYS
2$`a
5 a5D w
7
Si i,Removeand.Reset
4
EA
Zoo
8
Fence,.Remove.andReset
72
LFT
ZQ o°v
96..OD
Remove and Reset, T' Caliper Tree
9
437 Emerson Rd:
1
EA
3 5"Q
3 cx)
10
PCCP°for Drive Patching -:6"
170
SYS
600.0
no, QD
Concrete Cap .for Street Cut Repair -
11
12"., Storm Sewer
320
SYS
77 00
a 6610, CO
Flowable: Fill for Street Cut. Repair,
12
Storm Sewer
325
CYS.
IOD o 0
HMA Surface, 9.5.,i -n L:5", Storm
13
Sewer
50
TON
OW.Oa
HMA Intei nediate, 19:0 mm, 2.5",
14 .
Storm Sewer
10
TON
/00
15
Com "acted Aggregate, No. 53 Stone
147
TON
2 "
t)
16
Compacted Agg.rtgate for Driveways'.
20
TON:
30
CO, DO
17
8"PVC
26
LFT
$ 4
18
12" :RCP
939
LFT
? p'
65_73t>. ob
19.
S' RCP
414
LFT
a , _oa.
20
24" RCP
22=1
LFT
hs
1 -7
2:1
30" RCP
523
LFT
qb
22
36" RCP
EXHIBIT
:8ID-4 f6
23
Inlet, T e 'J'A'M'
14
EA
,: �°
3 w, CO
24
Inlet, Typo .'E
2
-A
Z, ao .•
Co, 60.
25
Inlet, T e'B./'C'
2
EA
If 10o
26
Manhole; Type ICI
16
EA
boa "'
60,ap
27
Manhole, TypeT
1.1
EA
Z1,$ oa ° °
oo,
28
Manhole, T e'K'
4
EA
(p yo p
y aiJ
29
Manhole, Type IK!, ;Do house
1
EA
C4,-o o
30 -
Stormwater: uali Unit
1
EA
S8 6"'Os
3 &biob
:31
Underground Detention. S` stem
1
LS
2-9
-A,1.4 yam
32.
Mdchanically:Core Existing Structure,
Storm
2
EAvo�
,
33
Structure Backfill for Storm Sewer
3544
CYS
Z
34
To` sail (undistributed)762
CYS`"
.35
Mulched Seeding; Storm Sewer
4571
.SYS.
7-1
aD
36
EC Measures
I
LS
t4 B.00' �•
lDW, o
37
Flowable fill for Existing Storm
Sewer:
40
CYS
00
'38
Ca Existin Pi e; Storm Sewer
l4'
EA
3 0 0 ° °
0.'
39
36" Red Valve ClieckMate'Slip-In
I Tideflex Inline Check Valve.
1
EA
°o
o00
) 3 COD, u)
40
Existing Building Demolition
1
LS
00i),Cx-)
Storm Sewer Subtotal
SANITARY SEWER
41
Mobili2atioh / Demobilization,
, Sanitary Sewer
1
LS
IQ C7 - D
p 'COC)
42
Maintenance of Traffic, Sanitary
Sewer
1
LS
�s
avo
43
Clearing Right of Way, Sanitary
Sewer
1
LSb,
W, OD
44
Curb Removal andReplacement
SdhitOY Sewer:
80.
LFT
d a
1-/0
3 ;�m Oto
45
Sidewalk Reinoveand Replace,
Sanif 'Sewer
4
SYS
° a
ro
, O
46
Curb Ramp Remove and Replace;.
Sanitary Sewer,
14
-SYS:CL
p m
47
Concrete Cap for Street Cut Repair
1.2", Santa Sewer
35.0
SYS .
.7
48
Flowable Fill .for'Street Cut. Repair,
-Sanitary Sewer
752.
CYS;
e0
Ila
EI HITT A
B10-5.
�0-�6
49
HMA. Surface, .9.5 mm, 1.5", Sanitary
Sewer
30
TON
00
5.0
SaEita; :': Manhole, Type I
I
EA
D
51
Sanitary Manhole, Do house
1
EA.
52
1511 SDR 26 Sanitary (12-
including'backfill)
419
LFT
% 2,/ 410,S
1 q 51.p.OD
53.
54
Mechanically Cord Existing "Structure,
Sanitary
Cali Existing -Pipe
I
EA
S:izlititry.Sevver Subtotal
Q bb
Totalliemized Proposal
A �7 D, .5 �;j co�
EXF1 I MIT -A
.BID -6. nj 6
A6
EXHIB IT B
Invoice
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Date:
Signature
Printed Name
Goods
Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Property damage, contractual liability,
products -completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (any one fire):
Medical Expense Limit (any one person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 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
A•ITT.I.DAVIT
being first duly sworn, deposes all s<ryrs- that
h%sFie i;5 tttmiliv with and has:Ters�io i�lecige.af tlie:i'ticfs }tereiii anei, if called.as a witness -ill this
xtYattei, �oulcl testa j as,f�llu.Ws.
I -un over t iglttccn (18) years of age and ilii -conipetentto testify to the facts contained
herein.
2. la i now 1}1. tines •cl vast "'Cin ave Neon- employed by
-1_-�.tate "Employer")
in the position of..
�. I am i`aniiliar with the employinei'it policies, pi'acti es, acid procedures of'rhe Employer and
.have the aud�ori.ty to tact on behalf of the Eniplgyer:
4'. The Employer is enrolled and participate s.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.
(i. TO the best of my information. -tad belief, the Ftitployer does not currently enploy any
unatttlimized aliens.
FURTHER AFFIANT SAYE.TH NOT.
EXECUTED on th.e. __,_ I day. of , ?Ub
Prime& ��f�Var,(`
I certify under the penalties for. paijury under the laws of the- United States of America. and the State of
Indiana that the.foregoiltg factual statcrnients Mid represenhttuiias.are tiae.7t> ort t t.
Prih ted:
®jr
(� Carmel
City
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
Page 1 of 1
PURCHASE ORDER NUMBER
�j
FEDERAL EXCISE TAX EXEMPT
33683
ONE CIVIC SQUARE
35-6000972
THIS NUMBER MUST APPEAR ON INVOICES, A(P
CARMEL, INDIANA 46032-2584
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
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 -02; Contract 04.15.16.01
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
4068
QUANTITY
UNIT OF MEASURE
DESCRIPTION
UNIT PRICE EXTENSION
Department: 2200 Account: 94-650.04 Fund: 0 2016 Storm Water Bond
1 Each Emerson Road Storm Sewer Reconstruction 1,373,532.00
Sub Total
Send Invoice To:
Engineering
Kate Lustig
1 Civic Square
Carmel, IN 46032 -
PLEASE INVOICE IN DUPLICATE
$1,373,532.00
$1,373,532.00
DEPARTMENT B ACCOUNT d PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $1,373,532.00
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. THISAPPROPRIATIONSUFFICIENT TO PAY FOR THE ABOVE ORDER.
`PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL L
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 /
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
TITLE
CONTROL No. 33683 CLERK -TREASURER
JAMES BRAINARD, MAYOR
L
LETTER OF TRANSMITTAL
Date: April 15, 2016
To: Doug Haney
Department of Law
From: Jeremy Kashman
Department of Engineering
RE: Yardberry Landscape Company Contract
Received
04-18-16P03:23 RCVD
City of Carmel
Department of Law
6=015 �- Sc
A. ontract is needed for Yardberry Landscape Company for the May 4th 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: Emerson Road Storm Sewer Reconstruction
Vendor: Yardberry Landscape Company
Amount: $1,373,532.00
Appropriation: P.O. 33683; 2016 Storm Water Bond
Signature: Tim Yardberry
Address: 9940 S. 1000 W
Anderson, IN 46017
Phone: 765/378-5783
Email: tyarb(cDaol.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 Coritract,Ttems, total
Dollars
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-rot.to be.
construed as exact or binding. The Bidder also understands' that all Woik: which may
result .on the Contract shall be coriipensated .for on :a Unit Price 'basis and that the
OWNER and ENGINEER. cannot and do not .guarantee the amount or quantity of any
item ofWork to be performed 'or furnished under the Contract. The Bidder ofurther
understands . that a Contract will be awarded by evaluating the Base Bid 'if the Owner
'wishes. to, 'execute.