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Hittle's Landscaping/Street/72,210.99/2016 Landscape Maintenance - W of MeridianHittle's Landscaping, Inc. Street Department - 2016 Appropriation #43=504.00; P.O. #33471 Contract Not To Exceed $72,210.99 e AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and Hittle's Landscaping, Inc. an entity duly authorized to do business in the State of Indiana ("Vendor"). 1 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. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 43-504.00 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Seventy Two Thousand Two Hundred Ten Dollars and Ninety Nine Cents($72,210.99) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City, all of,whichdocuments 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. JS:\CnnlrndAP,d..S— & Goods S—ISI—A2016ViiWcs Undscnping - NV sl of 31 -Goods & Scrvicm FORMA -3/14/2016 12:08 PMJ Hittle's Landscaping, Inc. Street Department - 2016 Appropriation #43-504.00; P.O. #33471 Contract Not To Exceed $72,210.99 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. 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. 1SAComn1slP.f.S— & GoodsSvcs�Slrcct@OI6WiWcs L ndscs aping - Wcsl of 31 -Goals & Scrvi— FORM.da::3/142016 12:08 PNIJ Hittle's Landscaping, Inc. Street Department - 2016 Appropriation #43-504.00; P.O. #33471 Contract Not To Exceed $72;210.99 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. [SAContcacts\Prof.Svcs & Goods Svcs\Strmt@016\1iAt1 s Landscaping- West of 31 -Goods & Scrvica FORMA -3/14/2016 12:08 PM] Hittle's Landscaping, Inc. Street Department - 2016 Appropriation #43-504.00; P.O. #33471 Contract Not To Exceed $72,210.99 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: 19 If to City: City of Carmel One Civic Square Carmel, Indiana 46032 If to Vendor: Hittle's Landscaping, Inc. 11778 Sun Park Drive Westfield, Indiana 46073 ATTENTION: Dave Funkhouser AND Douglas C. Haney, Corporation Counsel Department of Law One Civic Square Carmel, Indiana 46032 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 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:\Cou1racls\ProLSvcs & Goods Svcs'S1rcct\2016\Hi01c s L nd—ping - West of 31 -Goods & Scrvi— FORNW-3/142016 12:03 PNP 4 Hittle's Landscaping, Inc. Street Department - 2016 Appropriation #43-504.00; P.O. #33471 Contract Not To Exceed $72,210.99 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. [S:\Contrads\ProLS— & Goods Svcs\S(,.A2016Viit11c s Landscaping - \Vest of 31 -Goods & Services FORNU=3/142016 12:03 PMI Hittle's Landscaping, Inc. Street Department - 2016 Appropriation #43-504.00; P.O. #33471 Contract Not To Exceed $72,210.99 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Hittle's Landscaping, Inc. by and through its Board of Public Works and Safety as es B Mary An Date: Lori S. Date: By: ,Presiding Off icer Authorized Signature iemger / d [SX\ tr mTrof.Sv s 6 Gook Sv NS1r t@016\Hi111 s Lnnduaping - Wcst of 31 -Goods & Services FORMA=3/14/2016 12:08 PNU 6 Printed Name Title FID/TIN:�- Last Four of SSN if Sole Proprietor: Date: //` 30 - , 'C� o / � 2016 LANDSCAPE MAINTENANCE - WEST OF MERIDIAN TOTAL THIS IS TO BE THE FIRST PAGE OF ENTIRE BID. TOTAL LANDSCAPE MAINTENANCE- WEST OF MERIDIAN � � o� i a 1 O. q.9 THIS IS TO BE THE FIRST PAGE OF ENTIRE BID. TECHNICAL SPECIFICATIONS 2016 LANDSCAPING MAINTENANCE- WENT OF MERIDIAN TS -1 CONTACT FOR QUESTIONS REGARDING CONTRACT DOCUMENTS In compliance with the Instructions to Bidders, should any questions arise regarding the Contract Documents, the following person shall be contacted: Dave Huffman Carmel Street Department 3400 W. 131St Street Carmel, IN 46074 Tel: (317) 733-2001 Fax: (317) 733-2005 TS -2 PROJECT SCOPE Provide weekly care and maintenance for landscaped areas of the following properties: (Estimated square footage listed includes maintenance on the splinter islands) 96th St. and Ditch Rd. Roundabout 2,827 sq. ft. 96th St. and Spring Mill Rd. Roundabout 2,890 sq. ft. 106th St. and Spring Mill Rd. Roundabout 2,921 sq. ft. 111th St. and Illinois St. Roundabout 3,400 sq. ft. 116th St. and Clay Center Rd. Roundabout 3,207 sq. ft. 116th St. and Ditch Rd. Roundabout/Hillside 1,196 sq. ft. 116th St. and Illinois St. Roundabout 2,636 sq. ft. 116th St. and Shelborne Rd. Roundabout 11,748 sq. ft. 116th St. and Spring Mill Rd. Roundabout 2,039 sq. ft. 121St St. and Shelborne Rd. Roundabout 4,453 sq. ft. 126th St. and Illinois St. Roundabout 3,214 sq. ft. 126th St. and Shelborne Rd. Roundabout 4,453 sq. ft. 126th St. and Towne Rd. Roundabout 2,945 sq. ft. 131St St. and Shelborne Rd. Roundabout 5,725 sq. ft. 136th St. and Ditch Rd. Roundabout 4,900 sq. ft. 136th St. and Oak Ridge Rd./ Illinois St. Roundabout 5,144 sq. ft. 136th St. and Spring Mill Rd. Roundabout 6,877 sq. ft. 136th St. and Towne Rd. Roundabout 5,026 sq. ft. 141St St. and Ditch Rd. Roundabout 4,623 sq. ft. 141St St. and Spring Mill Rd. Roundabout 4,130 sq. ft. 141s' St. and Towne Rd. Roundabout 3,124 sq. ft. Oak Ridge Rd. and Adios Pass Roundabout 4,305 sq. ft. Oak Ridge Rd. and Bennett Rd. Roundabout 4,564 sq. ft. Main St. (131St St.) and Clay Center Rd. Roundabout 4,822 sq. ft. Main St. and Ditch Rd. Roundabout 4,522 sq. ft. Main St. and Illinois St. Roundabout 4,718 sq. ft. Main St. and Spring Mill Rd. Roundabout 4,904 sq. ft. Main St. and Towne Rd. Roundabout 2,993 sq. ft. Medians -126th St. from Shelborne Rd. to Towne Rd. 7,674 sq. ft. EXHIBIT i0 2(s, / Medians - Ditch Rd. from 141St St. to 146th St. 2,063 sq. ft. Medians - Illinois St. from 106th to 126th St. 7,780 sq. ft. Medians - Main St. from Shelborne Rd. to Spring Mill Rd. 1,976 sq. ft. Medians—Main St from Illinois to Spring Mill (Rock Mulch) 1,650 sq. ft. Medians - Spring Mill Rd. from 141St St. to 146th St. 2,475 sq. ft. Medians - Towne Rd. from 116th St. to 146th St. 23,086 sq. ft. Spring Mill Rd. and Dorset Blvd. Roundabout 491 sq. ft. Total Sq. Ft. for 2016 Contracted WEST Landscaped Areas: 165,501 sq. ft. Total Acreage for 2016 Contracted WEST Landscaped Areas: 3.8 acres Such Project landscape work will include the weekly pick up and removal of litter in above specified areas from March 1St, 2016 to March 1St, 2017. Project will include the spreading of black dyed enhanced bark mulch (no pallets), herbicide application, the control of weeds within the landscaped areas of the aforementioned areas during specified seasons or months. Labor, material and equipment will be supplied by CONTRACTOR. CONTRACTOR shall be responsible for the timely and acceptable performance of all work necessary to accomplish the Project described herein. TS -3 WELLHEAD PROTECTION Portions of the Project will be performed within wellhead protection areas and in close proximity to several of the OWNER'S wells that provide a large portion of the City of Carmel's drinking water supply. As such, the following requirements must be strictly observed. A. Handling and storage of petroleum and chemical products must be done in a safe manner. B. Petroleum and chemical products shall not be stored within a 200 -foot radius of a well. C. Vehicles shall not park or be stored within a 200 - foot radius of a well. D. Petroleum or chemical spills must be reported immediately to the Carmel Hazmat Team and to the OWNER regardless of the size of the spill. The Carmel Hazmat Team can be reached by telephone at the "911" emergency number or at 571- 2580. TS -4 HOLIDAYS WHEN WORK IS NOT PERMITTED The Contractor shall not perform any work on the Project which requires traffic control on the following days: A. Sundays B. Memorial Day C. Independence Day � HIBIT A 3cP--- D. Labor Day E. Thanksgiving Day and the day after Thanksgiving This requirement may be waived by the OWNER in its sole discretion, if requested in writing and in advance of such Work. TS -5 LANDSCAPE MAINTENANCE SPECIFICATIONS 5.1 Maintenance Period — The landscape maintenance period shall begin on March 1, 2016 and continue through February 201, 2017. 5.2 Maintenance Schedule — Refer to the enclosed suggested maintenance schedule for each roundabout, median, splinter island, right-of-way, and curbside bed. All locations to be scheduled weekly for weeds, trash, and general maintenance. 5.3 Quali — The landscaped areas are to be maintained in a high quality manner, including the removal of weeds, dead plant debris, and litter on a weekly basis. Under no circumstances will the landscaped areas be left with litter, weeds, dead plant debris, or work related materials remaining on site. Litter removal will be maintained and continued March 2016 to March 2017. 5.4 Tree Leaves — Tree leaves are to be removed from landscaped areas. 5.5 Ornamental Grasses — Ornamental grasses shall be cut down to the new seasonal growth by April 15, 2016. The grasses shall not be cut down in the fall but left in the beds for winter interest. 5.6 Sig Bulbs — Up to 5,000 spring blooming bulbs will be installed in designated landscape areas in Fall 2016. Contract also requires removing spentibrowning blooms and foliage from previous years bulbs as part of general weekly maintenance. 5.7 Perennials — All perennial plants are to be trimmed back to healthy green growth when blooms have faded and turned brown. This may encourage the plants to produce more blooms and will keep the beds looking manicured. All plant debris from trimming shall be removed from the beds. All perennials should be cut to the ground in the Fall, except the stonecrop sedum which will be cut in the following Spring. 5.8 Plant Damage — Pruning, weeding, trimming, application of chemicals, and herbicides, and general bed maintenance shall be performed in a manner that does not damage any plant material. Damage to plant material (trees, shrubs, perennials, annuals) shall be promptly repaired or replaced as deemed necessary by Street Department personnel, by CONTRACTOR at its own expense. TS -6 WEED CONTROL FOR PLANTING BEDS EXHIBIT A L/ vf7. 6.1 Application - All planting beds shall be treated with a weed control and shall throughout the growing season, be spot treated with a Round-up/Surflan mixture, as needed. Application of the pre -emergent shall take place in dry weather to prevent accumulation of the chemical and scorching of plant foliage (exclude right-of-way and median tree rings, they are covered in the mulching contract) 6.2 Frequency — All planting beds shall be treated with a pre -emergent two times per year. The first mandatory application to occur no earlier than March 15, 2016, and no later than March 30, 2016. The second mandatory application shall be done no earlier than July 1, 2016, and no later than July 15, 2016. (exclude right-of-way and median tree rings in thi's section also) 6.3 Sample Label — CONTRACTOR shall submit a sample label for all herbicides it proposes to use in compliance with this Section, and obtain the OWNER'S written approval of the same before applying same to any plant beds or tree rings. 6.4 Notification — OWNER shall be notified at least seven (7) calendar days in writing in advance of the date of any application of any chemicals pursuant to this Section. 6.5 Chemical Application Method — All chemicals shall be spread with an applicator in such a manner as to insure even coverage at the proper rate, with no streaking and no unintended plant injury. 6.6 Certification - CONTRACTOR shall be certified and hold all required applicators licenses (3a) from the Office of the Indiana State Chemist to perform the obligations set forth in the Section. 6.7 Compliance — CONTRACTOR shall comply with all environmental, and chemical, and all other applicable LAWS in performing its obligations under this Section. 6.8 List — A complete list of chemicals used will be provided to OWNER. 6.9 Additional — A combination of weed control is to be used to provide weed -free planting beds. Acceptable weed control techniques are as follows: mulching, pre and post emergent herbicides and hand weeding. NO HERBICIDE APPLICATIONS ARE TO BE MADE IN AREAS WHERE BULBS ARE PLANTED. Plants damaged by contractor's negligence are to be replaced by the contractor at their expense per representative of the Carmel Street Department. Examples of possible damages include, but are not limited to, the following: herbicide damage and mistakes in identification while weeding. TS -7 MULCH rr A EMeek°� 9 J-7 7.1 Type – Mulch to be used for landscape beds shall be non -palletized, minimum Grade A shredded black dyed bark mulch. Mulch shall be provided by the contractor. A sample of mulch to be used will be presented to a Carmel Street Department representative for approval prior to application. 7.2 Application – Mulch shall be applied once per year in Spring. Mulch shall be spread as needed to maintain proper weed control coverage with a minimum of 1 of mulch and a maximum of 2" of mulch, no later than April 30, 2016. Rake beds in August/September to loosen and refresh existing mulch. 7.3 Tree Rings—Mulch is NOT to be placed up against the tree trunk. Leave a 3" space between mulch and tree trunk. Any existing mulch shall be pulled away from tree trunks, leaving the same 3" space. . TS -8 URN WINTER DECORATIONS 8.1 Winter Decoration Removal—Urns are to have Winter Decorations removed, including any fallen needles or foliage which might be detrimental to Spring plantings, by April 15th or sooner if deemed needed by the City. 8.2 Annual Removal—Anytime between November 1St and November 15th, all urns on roundabouts are to be cleaned of annuals, including roots, in preparation for winter decorations. Some Carmel Urns contain ornamental grasses in the center. These urns can have the grass incorporated into the winter decorations, or the grass can be cut to 6" and Winter Decorations added. 8.3 Decoration Construction—Winter Decorations are to include greens covering the entire urn opening to a height of not less than 1 ft. high. The center of each urn is to be as high as the width of the urn, with the exception of the Large Carmel Urns (10 ft. shallow rounded urns, also called `Satellite Urns') which should be no less than 6 ft. tall. The construction of the Winter Decorations are to be made in such a way so they will withstand winter winds, storms, snow, etc. The CONTRACTOR is to maintain, repair, or replace any decorations that do not withstand the winter weather. Some urns contain irrigations systems. If any of these systems are damaged during the installation or removal of decorations, the CONTRACTOR is responsible for repairs. 8.4 Acceptable Materials—Materials for the center of each urn is to be a mixture of Evergreen boughs, Ilex verticillata, branches spray -painted white, cut eucalyptus, dried Magnolia grandiflora branches, or any other festive plant materials approved by the City. 8.5 Timing—Winter urn decorations must be installed by November 1St EXHIBIT City of Carmel West of Meridian Landscaped Areas Maintenance Synopsis - 2016 165,501 Sq. Ft. March thru May Remove urn decorations. Cut any ornamental grasses down to new growth, about 6" in height. Apply pre -emergent no later than March 30, 2016. Avoid areas planted with emerging spring bulbs. Prune off any broken/browning/dead evergreen or deciduous shrub and tree branches. Edge the necessary, non -metal -edged landscaped areas to a depth of 3 inches, unless on the "don't edge" list. Apply 1" to 2" fresh black -dyed bark mulch (no pallets). Rake to smooth surface. Do not spread mulch at Children's Art Gallery, 136`h St. & Smokey Row Roundabout, City Center, or the main entrance to the Tarkington Building until after Street Dept. staff plants annuals for the summer (late May/early June). Remove withered, yellow, spring bulb blooms and foliage and spent/ brown/ faded perennial blooms and foliage. Euonymus alatus shrubs and euonymus fortunei ground cover should be treated for scale with dormant oil spray, as specified by the chemical label, in March. Shrubs and Trees should be treated for bagworms (if present) in late May and mid June. Visit beds on regular weekly basis: All Trash should be removed from landscape and turf areas weekly. All weeds should be removed weekly. All spent/brown/faded blooms and foliage should be removed from bulbs and perennials weekly. All plant debris should be removed weekly. Apply spray herbicide (Roundup) when necessary. All Spring flowering shrubs should be pruned/trimmed/shaped, to OWNERS' specifications, after blooms have faded/turned brown. Trim/shape shrub roses monthly. Keep under 4 feet in height. Sterilize pruners between each shrub. Evergreen shrubs, (Buxus, Ilex, Juniper, Arborvitae) should be trimmed/shaped as needed to maintain shape, removing any dead or dying branches. June thru September Continue weekly maintenance for litter removal, weed removal, perennial and shrub trimming, pruning, and removal of dead/dying branches. Remove withered, yellow spring bulb blooms and foliage and spent/brown/faded perennials blooms and foliage. Rake and turn over mulch to refresh for the fall. Apply second application of pre -emergent to landscape beds no later than July 15, 2016. October thru November Continue regular weekly maintenance schedule for litter removal, weed removal, perennial and shrub trimming, pruning and removal of dead/dying branches. Install up to 10,000 spring blooming bulbs in designated areas per owner's instructions. Apply spray herbicide (Roundup) when necessary. Cut all perennials, except ornamental grasses, to 1" above ground by November 30th, 2016. Clean all fadedibrown plant debris from beds. Edge the necessary, non -metal -edged landscaped areas to a depth of 3 inches, unless on the "don't edge" list. Install urn decorations between November 1st and November 15th. L-Afi;rI �i " 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 EXIIIBIT D A�I�DAVl T CN n being first duly sworn, deposes and says that he/she is familiar w4di a' has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1 • I am over eighteen (18) years of age and am competent to testify to the facts contained herein. �. I ani now and at all times relevant herein have been employed by `- !LAaasc-0 1 R -L- n L (the "Employer") in the position of _ P,&•, De[j_ i I 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 -Verify program. Documentation of this enrollment and participation is attached and incorporated herein. 5. The Employer does not knowingly employ any unauthorized aliens.. 6. To the best of my information and belief, the Employer does not currently employ any unauthorized aliens. 7. FURTHER AFFIANT SAYETH NOT. EXECUTED on the day of 1-- 61- AWL „ , 201L,?."u Printed:)ieA/ -\.4 ipA I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are t W and correct: Printed: p,A-Lell EniployerWizard Page 1 of I �u Employment Eligiblilly Verificationt'leiwme User 10 Last login Marlawallace NIWAL209D 02:52 mi -0311012014 Log Out . . . . . . . . . . . . . . . . Home Company Information Mycases .. ........ New Casa j Company Name: Hittle Landscaping, Inc. View! Edit Vievi Cases saarch Cases Company ID Number: 676909 My Profile I Doing Business As (DBA) Edit Profile Name: Change Password DUNS Number: Change Security Questions MyCompany Physical Location: Mailing Address: Edit Company Profile Address 1., 17778 Sun Park Drive Address 1: Add New User Address 2: Address 2: More Existing Users City: Westfield City; Close Company Account State: IN State: F.IyReports Zfp Code: 46074 Zip Code: View Reports County: HAMILTON My Resources View Essential Resources Additional Information: Take Tutorial Employer Identification Number:352113152 View User Manual Total Number of Employees: IGO to 499 Share Ideas Parent Organization: Contact US Administrator: Organization Designation* Employer Category; None of these categories apply NAICS Code: 238 - SPECIALTY TRADE CONTRACTORS . View/Edit Total Hiring Sites: 1 View/ Edit Total Points of Contact; 3 View Edit "-., . . ......... ... .................... U.S. DepartfnentotHorrelandSem6ty.%vA-,Y.dhs.gov U.S. Ciftenshtp and lawfgmron Servlces -xwmusds.goy Acressithlitf Domload Vievmrs littps://e-verify.liscis.gov/enip/EinployerWizard.aspx 3/10/2014