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Trugreen/Street/146,199/Fertilization TreatmentsTrugreen Street Department - _'018 Appropriation #1206 43-504.00, 220143-504.00 P.O. #101387, 101388 Contract Not To Exceed $146,199.00 d 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 Trugreen, 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 1206 43-504.00 and 2201 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. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than One Hundred Forty Six Thousand One Hundred Ninety Nine Dollars ($146,199.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance 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 which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. IS:CoamactsTrof.Svcs & Goods Svcs\SvmA2018\Trog—n Goods and Servicesdoc:2/19/2018 11:44 AMI Trugreen Street Department - 2018 Appropriation #1206 43-504.00, 2201 43-504.00 P.O. #101387, 101388 Contract Not To Exceed $146,199.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. ]S:WontractsWrot.Svcs & Goods SvcsXStree1M18\Trugreen Goods and Services dac:2/19/2018 11:44 AM] Trugreen Street Department - 2018 Appropriation #1206 43-504.00, 2201 43-504.00 P.O. #101387, 101388 Contract Not To Exceed $146,199.00 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 iS:Conlraas\Prof.Svcs & Goods Svca�SftmA2018\Tmgrmn Goods and Saviccs.doc:2/19/2018 11:44 AM] Trugreen Street Department - 2018 Appropriation #1206 43-504.00, 220143-504.00 P.O. #101387, 101388 Contract Not To Exceed $146,199.00 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND Douglas C. Haney, Street Department Corporation Counsel 3400 W 131 st Street Department of Law Carmel, IN 46074 One Civic Square Attention: Dave Huffman Carmel, Indiana 46032 If to Vendor: Trugreen PO Box 9001033 Louisville, KY 40290 Attention: Jim Pratt 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. ]SAConnaas\Prot.Svls & Goods Svcs\SVm1\2018\TruS—n Goods and S—i-s.doc:2/198018 11:44 AM] 4 Trugreen Street Department - 2018 Appropriation #1206 43-504.00, 220143-504.00 P.O. #101387, 101388 Contract Not To Exceed $146,199.00 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, 2018 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. 1S:VConuacls\Prof.Svcs & Goods Svcs\St—A2018\Tmgreen Goods and S—im.doc:2/19/2018 11:41 AM] Trugreen Street Department - 2018 Appropriation #1206 43-504.00, 2201 43-504.00 P.O. #101387, 101388 Contract Not To Exceed $146,199.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: hzE Mary AnVBurke, Date: Lori S Date: ATTEST: jSAContr V)rd.S-s & Goods SvcsNStrm\20181Trog—n Croak and S—im.doc:2119MIS 11;44 W Trugreen By: Authtrized ignature / 1 f Printed Name Title FID/TIN: Last Four of SSN if Sole Proprietor: Date: ADDENDUM #1 QUOTE TOTAL FOR 2018 FERTILIZATION Company Name TruGreen Limited Partnership THIS IS TO BE THE FIRST PAGE OF ENTIRE QUOTE. Exbibit 13 T �r,5 TOTAL OPTION 1: Lawn Care + Sulfur -Coated Urea Fertilizer for Mulch Beds OPTION 2: Lawn Care + Osmocote-Type 1 . Fertilizer for Mulch Beds Company Name TruGreen Limited Partnership THIS IS TO BE THE FIRST PAGE OF ENTIRE QUOTE. Exbibit 13 T �r,5 TECHNICAL SPECIFICATIONS 2018 FERTILIZATION TS -1 CONTACT FOR QUESTIONS REGARDING CONTRACT DOCUMENTS Should any questions arise regarding the Contract Documents, the following person shall be contacted: Dave Huffman Carmel Street Department 3400 W. 1315` Street Carmel, IN 46074 Tel: (317) 733-2001 Fax: (317) 733-2005 Should a quoter or its agents receive any clarification, direction, suggestions, or correction to the Contract Documents that is not issued by a written addenda from the OWNER within 7 calendar days prior to the Quote Date, no consideration will be given to the CONTRACTOR for errors, omissions, etc., on which its Quote was based. TS -2 PROJECT SCOPE Provide application of fertilization and application of pesticide for the rights-of-way, easements and medians of the following: (AREAS IN RED ARE OUT OF THE RIGHT-OF-WAY, AND MUST BE BILLED SEPARATELY; AREAS WITH ASTERISKS (x) INDICATE PRESENCE OF IRRIGATION) '�'- ExhibitA Page 2 0 (�� Specifications- 2018 Fertilization 4th St &z S Rangeline Rd Roundabout 0.38 16,566 Sq. Ft. 407 Smokcy Row Rd 0.11 4,983 Sq. Ft. 702 Adams Corner Lot 0.45 19,689 Sq. Ft. 5840 &r 6020 E. 116` St 0.43 19,162 Sq. Ft. 12000 Shelborne Rd 0.6 26,283 Sq. Ft. 96" St. and Commerce Dr.* 0.22 Roundabout, median, divider islands, and R.O.W. turf 9,946 Sq. Ft. 96` and Ditch Rd.* 0.04 Roundabout turf 1,700 Sq. Ft. 96` St. Medians 0.43 East and West of Gray Rd. '�'- ExhibitA Page 2 0 (�� Specifications- 2018 Fertilization 18,408 Sq. Ft. 96` St. and Shelborne Rd.* 1.48 Roundabout, median, divider islands, and R.O.W. turf 64,804 Sq. Ft. MML M- 96" St. and Spring Mill Rd. * 0.18 Includes Turf at Roundabout and Divider Islands 7,930 Sq. Ft. 96` Stand Sycamore Rd 0.11 East and West side 4,829 Sq. Ft. 96 th St. and Towne Rd.* 1.73 Includes Turf at Roundabout and Divider Islands 75,637 Sq. Ft. 96` &z Westfield Blvd* 1.04 NE Corner Lot All 45,490 Sq. Ft. 98` St at Keystone 0.13 Islands 5,900 Sq. Ft. 99" St. and Commerce Dr. (including Commerce Dr. to 96" St.) 0.46 Roundabout, median, divider islands, and R.O.W. turf 20,120 Sq. Ft. 106` PI &z Lexington Ln 0.11 5,152 Sq. Ft. 106` St. and Ditch Rd.* 0.94 Roundabout turf, 4 divider islands, and R.O.W. Includes S.W. corner mulch beds with evergreens 40,821 Sq. Ft. 106 th St - Ditch Rd to Towne Rd 1.9 North side ROW 82,681 Sq. Ft. 106 1h St &s Gray Rd* 0.11 West side by walking path 5,160 Sq. Ft. MEMMEMEN 106" St- ROW 0.45 Property East of Westfield Blvd South side 4 sections 19,523 Sq. Ft. 106` St. and Shelborne Rd. 0.47 Roundabout, median, divider islands, and R.O.W. turf 20,832 Sq. Ft. 106` St &r Shelborne Rd 0.55 North of Fire Station Exhibit APage 3 0'F15- Specifications- 2018 Fertilization West side of road to church 23,801 Sq. Ft. 106 1h St. and Spring Mill Rd. 0.67 Roundabout turf plus 4 divider islands Irrigated 29,510 Sq. Ft. 106th St &t Towne Rd 1.45 Roundabout &z Divider Islands &z N Island 64,452 Sq. Ft. 106 1h St- West of Gray Rd 0.51 North side at hill 22,440 Sq. Ft. 111th St &r College Ave 0.74 NW Side 32,052 Sq. Ft. 111" St &r Illinois St* 0.09 Roundabout &r Splitter Islands 4,100 Sq. Ft. 116` St. and Clay Center Rd.* 0.42 Roundabout, median, divider islands, and R.O.W. turf 18,272 Sq. Ft. 116 St &z College Ave 0.42 S.W. Corner 18,699 Sq. Ft. 116` St. - College Ave. to Keystone Roundabout* 1.08 R.O.W. and 9 Medians (297 Trees) 46,894 Sq. Ft. 116 th St. and Ditch Rd.* 0.12 Roundabout turf 5,024 Sq. Ft. 116" St- East of Hazel Dell 0.17 North side 7,770 Sq. Ft. 116 th St &r Eden Glen Dr 0.03 North East corner- Weed -eat 1,476 Sq. Ft. 116th St &z Gray Rd 1.69 Roundabout, Lane Dividers &t ROW Turf &t N to Bridge 73,660 Sq. Ft. 116` St &r Gray Rd 0.76 To the white church Exhibit Ll fi Specifications- 2018 Fertilization 33,344 Sq. Ft. 116"' St from Hazel Dell to River Rd 0.36 South side 15,973 Sq. Ft. 116` St &r Ruckle 0.34 North side at guardrail 15,021 Sq. Ft. 116` and Shelborne Rd.* 5.54 Roundabout, medians, divider islands, and R.O.W. turf 241,248 Sq. Ft. 116` St. - Spring Mill IZLl. to U.S. 31 3.0 R.O.W. and Medians 130,680 Sq. Ft. 116th St & Towne Rd Roundabout 0.54 23,831 Sq. Ft. 116"' St to Towne Rd 1.86 SW corner 81,222 Sq. Ft. 116 St&rUS31 0.05 NE and SE Islands (2) 2,178 Sq. Ft. 116` St &r US-31 Interchange/ Pennsylvania St Roundabout 2.6 113,368 Sq. Ft. 121st St. and Shelborne Rd.* 0.18 Roundabout 7,995 Sq. Ft. 122'd St &r River Rd to Medalist Pkwy 0.76 33,440 Sq. Ft. 126` St at bridge &z Golf course at Water plant 0.4 17,534 Sq. Ft. 126` St &z Brookshire Pkwy 0.49 21,669 Sq. Ft. 126th St &r Gray Rd 0.87 37,746 Sq Ft. 126` St &z High Dr 0.16 N.E. Corner 7,222 Sq. Ft. 126" St. Medians 2.75 Shelborne Rd. to Towne Rd. 119,790 Sq. Ft. 126th St Medians &r Kinzer Dr Roundabout 0.63 Median- Keystone Pkwy to Pawnee Rd; Roundabout at Kinzer &r sides /-A- FMhibit _ Page 5� 1 Specifications- 2018 Fertilization 27,443 Sq. Ft. 126` St &t River Rd 0.86 West to Lynnwood Blvd 37,844 Sq. Ft. 126` St. and Shelborne Rd.* 0.18 Roundabout 7,755 Sq. Ft. 1313[ St. (Main St) -Illinois St. to Shelborne Rd. 5.78 R.O.W. and Medians (579 Trees) 251,777 Sq. Ft. 1313[ St. and Shelborne Rd.* 4.15 Roundabout, median, divider islands, and R.O.W. turf 180,931 Sq. Ft. 136th St S Carey Rd* 0.59 Roundabout and All of ROW 25,916 Sq. Ft. 136th St &s Gray Rd 0.48 Roundabout, Splitter Islands, &t SW Corner 20,909 Sq. Ft. 136` St & Illinois St* 0.09 Weed -eat by handrail 3,982 Sq. Ft. 136` St. - Oak Ridge Rd. to Ditch Rd. 8.55 R.O.W., Roundabout turf and Medians (407 Trees) 372,285 Sq. Ft. 136` St. (Smokey Row) and Range Line Rd.* 0.83 Roundabout, NW Corner, SW Corner. 36,150 Sq. Ft. 136` St. and Towne Rd.* 0.08 Roundabout turf plus 4 divider islands 3,573 Sq. Ft. 136` St &t US -31/ Rohrer Rd./ Smokey Row Rd. 6.2 272,115 Sq. Ft. 1413' St &t Ivy Bridge Dr 0.18 South side to Buckhorn Dr 7,897 Sq. Ft. Avian Way / Cherry Creek Blvd. and Hazel Dell Pkwy.* 0.2 Roundabout turf, 4 divider islands, and R.O.W. 8,585 Sq. Ft. Carey Rd- from 146' St to Hawthorn Dr 0.039 East side Exhibit _ Page Specifications- 2018 Fertilization 1,699 Sq. Ft. Carmel City Hall` 1.03 45,000 Sq. Ft. *North Lawn of City Hall to be mowed twice per week; Monda and Thursday* Carmel Dr &z City Center* 0.34 Roundabout, Medians, &z Splitter Islands 14,811 Sq. Ft. Carmel Dr &z Gradle Dr 0.1 Side ditch 4,550 Sq. Ft. Carmel Dr & Guilford Rd* 0.83 Roundabout 36,294 Sq. Ft. Carmel Dr &t Rangeline Rd 0.26 Roundabout &r Splitter Islands 26 Sq. Ft. rmel Dr. &z US- 31- Illinois St to Pennsylvania St. t 0.6 260 Sq. Ft. Carmel Fire Station and North Parkin, Lot* 0.73 32,000 Sq. Ft. Carmeljapanesc Garden* 0.69 30,000 Sq. Ft. Carmel Police Station* 0.46 20,000 Sq. Ft. Cherry Tree Rd 0.03 The ditch at the curve 1,718 Sq. Ft. Chester Rd &r Lakewood Dr soft— 0.07 3,320 Sq. Ft. City Center Dr. – Carmel Garden St. to Pennsylvania Pkwy. 5.24 Medians and R.O.W. (376 Trees) 228,055 Sq. Ft. City Center Dr—from Carmel Garden to E. of Rangeline Rd 4.16 180,991 Sq. Ft. City Center 0.07 On South Side of City Center; West of Rangeline on S side of Road 2,827 Sq. Ft. City Center Dr &s Guilford Rd* 0.54 23,527 Sq. Ft. City Center Dr & Pennsylvania St 0.5 Roundabout 22,153 Sq. Ft. Exhibit Page _?6„r(-7 Specifications- 2018 Fertilization Clark St—from Carmel Dr to Adams to Guilford Rd 0.31 13,639 Sq. Ft. Clay Center Rd 0.13 North of 116 Ih St 5,838 Sq. Ft. Clay Center Rd 0.09 South of Main St- Guardrails 3,746 Sq. Ft. Blvd &t US -31 at N Rangeline Rd Clay T7q.F 0.22 9,843 S College Ave—between 116` St and Pennsylvania Pkwy 0.37 Medians and R.O.W. 16,117 Sq. Ft. College Ave &t I-465 0.03 Hills 1,320 Sq. Ft. Commerce Dr- 991St to Retail Pwky 0.37 East side 16,380 Sq. Ft. - Congressional Blvd—between Pennsylvania Pkwy and City Center Dr 0.93 Islands and R.O.W. 40,511 Sq. Ft. Ditch Rd. -131" to 146 Ih St. 7.64 Medians, R.O.W. and Roundabout Turf (120 Trees) 332,975 Sq. Ft. *Only use a 30" mower around the planting beds* Executive Dr &s S Ran eline Rd Roundabout 0.43 18,762 Sq. Ft. Fire Station at 106 St &z Shelborne Rd 0.55 23,802 Sq. Ft. Four points around Cool Creek Bridge on 126 th St 0.69 30,180 Sq. Ft. Grand Blvd. East - Old Meridian to Guilford 0.58 2 Medians and R.O.W. (57 Trees) 25,124 Sq. Ft. Grand Blvd- West end 0.15 North side 6,965 Sq. Ft. Grassy Area Across from Silver Door Salon at City Center 0.01 545 Sq. Ft. Gray Rd. - 97 St. to 106Ih St. 6.0 Medians, R.O.W. and turf at Roundabout at 106` St. (217 Trees) 261,360 Sq. Ft. Exhibit Specifications- 2018 Fertilization Page Yof/ Gray Rd- from 116` St to 106` St 0.7 West side 30,770 Sq. Ft. Gray Rd- Eyebrows 0.52 North of Gray Rd on West side of Road 22,824 Sq. Ft. Gray Rd & Main St 1.7 South almost to Wembley Rd- both sides 75,551 Sq. Ft. Guilford Rd- North of Main St 0.07 East side 3,200 Sq. Ft. Harrowgate to Maplecrest Dr 0.07 South side to bridge 2,980 Sq. Ft. Hawthorne Dr &z Smokey Row Rd 1.21 52,751 Sq. Ft. Hawthorne Dr W &t Carey Rd Roundabout* 0.22 Includes all ROW 9,602 Sq. Ft. MRP" Hazel Dell Pkwy. - 96" St. to 146 1h St. NONE"" TIM 61.6 Including Roundabout Lawn, Medians, R.O.W. (2000 Trees) 2,683,296 Sq. Ft. Illinois St. -106` St to Carmel Dr 22.09 Includes Medians, ROW, 623 Trees, Roundabouts 962,129 Sq. Ft. Illinois St - Carmcl Dr to Dorset 0.09 1 Median- (7 Trees) &s W side ROW Not irrigated 3,960 Sq. Ft. Illinois St. - Main St. north to 136thSt. 5.08 Includes R.O.W. and Medians 221,142 Sq. Ft. Illinois St &t Springmill Turf (Near 465 Overpass) 1.2 Roundabout &r Splitter Islands &t W ROW Area 53,902 Sq. Ft. Indiana Design Building 0.03 13C St SW &t Ran eline Rd 1,376 Sq. Ft. Keystone Ave. Medians 4.6 S. of 106th St. to N. of 136` St. 200,376 Sq. Ft. Exbihit Pagef61"/I- Specifications- 2018 Fertilization Keystone Pkwy. And 106` St.* 1.2 Roundabout, entrance and exit ramps, and R.O.W. turf 52,272 Sq. Ft. Keystone Pkwy. And 116'hSt.* 0.673 Roundabout, entrance and exit ramps, and R.O.W. turf 29,316 Sq. Ft. Keystone Pkwy. And 126` St.* 1.25 Roundabout, entrance and exit ramps, and R.O.W. turf 54,450 Sq. Ft. Keystone Pkwy. And 136h St. (Smoky Row)* 2.99 Roundabout, entrance and exit ramps, and R.O.W. turf 130,245 Sq. Ft. Keystone Pkwy. And Carmel Dr.* 1.05 Roundabout, entrance and exit ramps, and R.O.W. turf 45,738 Sq. Ft. Keystone Pkwy. And Main St.* 1.43 Roundabout, entrance and exit ramps, and R.O.W. turf 62,291 Sq. Ft. Lakefront Ct C� Carmel Dr 0.25 11,086 Sq. Ft. Main St South side by last bridge to RAB at River Rd 1.82 79,061 Sq. Ft. Main St &r Brookshire Pkwy to Gray Rd 0.49 Southside 21,669 Sq. Ft. Main St- East of Gray Rd to woods 0.8 South side 34,848 Sq. Ft. Main St- E of Hazel Dell Pkwy 1.51 South side to Double Eagle Dr 65,975 Sq. Ft. Main St &z Gray Rd &z Brookshire Pkwy- All of 3.44 149,927 Sq. Ft. Main St &r Hawthorne Dr 1.68 N &z S side of road- E &z W of Hawthorne Dr 73,094 Sq. Ft. Main St.- Illinois St to Old Meridian St. 4.7 205,608 Sq. Ft. Main St- Medians &z Pennsylvania St Roundabout 2.45 Medians between Old Meridian &t Pennsylvania St; Penn. RAB &r sides 106,914 Sq. Ft. Exhibit —A— Page 10 Specifications- 2018 Fertilization Main St &z Sherman Dr 0.63 S.W. Corner- East and West 27,675 Sq. Ft. Oak Ridge Rd. -136` St. to 146` St. 7.36 Includes Roundabouts, Medians, and R.O.W. (130 Trees) 320,543 Sq. Ft. Old Meeting Hall 0.06 2,769 Sq. Ft. Old Meridian St. - Pennsylvania to Guilford 1.57 R.O.W., Medians, 4 Roundabouts 68,209 Sq. Ft. Olivia Building* 0.27 Main St &r Old Meridian St 11,851 Sq. Ft. Palladium and The Green at City Center 2.34 All turf 102,003 Sq. Ft. *Including City Center Landscape Beds N of City Center Building* *The Green MUST be mowed Thursday of each week* Pawnee Rd &z 126'h St 0.48 20,800 Sq. Ft. Pennsylvania St. Medians 6.69 Old Meridian to 103 St. 291,416 Sq. Ft. Pointc Pkwy. 0.14 Medians Only 6,098 Sq. Ft. Rangeline Rd -3d St SW to Creekside Dr South of 116 Ih St 5,576 Sq. Ft. River Rd- 122 nd St to 126`h St 1.17 77 Sq. Ft. er Rd &r Haverton Way Islands t 0.58 80 Sq. Ft. Rohrer Rd 0.15 Across from Monon Parking Lot 6,917 Sq. Ft. Rohrer Rd- S of 146 St 0.11 East side 5,040 Sq. Ft. Saddlebrook Addition 2.01 From Towne Rd to Ditch Rd Exhibit —A-- Page Specifications- 2018 Fertilization 91,389 Sq. Ft. Shelborne Rd. Medians 0.6 126 th St. Roundabout, South to Abney Point Dr. 26,136 Sq. Ft. Shelborne Rd. - North Realignment at 116` St 0.3 Includes 1 Median- (154 Trees) 12,885 Sq. Ft. S grin Mill Rd-106th St to 146th St 30.99 Includes Roundabouts, Medians, &r ROW Trees (229 Trees) 1,349,925 Sq. Ft. *Only use a-30" mower around the planting beds* Spring Mill Rd at 465 1.67 N &r S of bridge to 96thSt 73050 Sq. Ft. Spring Mill Rd. and Dorset* 0.13 Roundabout turf plus 4 divider islands 7 Sq. Ft. ng Mill Rd. &t Illinois St Roundabout* . L 1.2 02 Sq. Ft. Tarkington Building 0.37 South Side 16,506 Sq. Ft. Towne Rd. -116` ' St. to 141" St. Includes Medians, R.O.W., and Divider Island (286 Trees) 241,596 Sq. Ft. Towne Rd. - Between 1415[ St. and 146` St. 0.22 Median 9,374 Sq. Ft. Veterans Memorial Lawn* 7 Ave across from the Palladium and Center Green 0.46 20,000 Sq. Ft. Westfield Blvd. - 99` St. to 96` St. 9.45 Includes Medians, R.O.W., and Divider Islands (106 Trees) 411,847 Sq. Ft. Total 302.932 Acres Such Project work includes application of fertilization and pest control within turf and landscape along listed roadway areas. Labor, material and equipment will be supplied by CONTRACTOR. CONTRACTOR shall be responsible for the timely and acceptable performance of all work necessary to Exhibit Page [?."'� Specifications- 2018 Fertilization accomplish the Project described herein. The same hourly application rate of pay shall be used for all additional roads that may be added. TS -3 WELLHEAD PROTECTION The majority of the Project will be constructed through a wellhead protection area and in close proximity to several of the OWNER'S wells that provide a large portion of the City of Carmel's drinking water supply. As such, the following requirements must be strictly observed. A. Handling and storage of petroleum and chemical products must be done in a safe manner. B. Petroleum and chemical products shall not be stored within a 200 -foot radius of a well. C. Vehicles shall not park or be stored within a 200 - foot radius of a well. D. Petroleum or chemical spills must be reported immediately to the Carmel Hazmat Team and to the OWNER regardless of the size of the spill. The Carmel Hazmat Team can be reached by telephone at the "911" emergency number or at 571-2580. TS -4 HOLIDAYS WHEN WORK IS NOT PERMITTED The Contractor shall not perform any work on the Project which requires traffic control on the following days: A. Sundays B. Memorial Day C. Independence Day D. Labor Day E. Thanksgiving Day and the day after Thanksgiving This requirement may be waived by the OWNER in its sole discretion, if requested in writing and in advance of such Work. TS -5 FERTILIZATION & PESTICIDE APPLICATION SPECIFICATIONS TURF AND LANDSCAPE FERTILIZATION & PESTICIDE APPLICATION Notification - OWNER must be notified by CONTRACTOR in writing at least seven (7) calendar days in advance of any intended application of fertilization and/or herbicide application. Rainfall — When applying pre -emergent, it must be applied no sooner than two days before rainfall. If no rain occurs, the pre -emergent must be watered -in manually by Contractor. Damage Repair — Any damage done to grass, irrigation, or property by Contractor must be repaired by Contractor. Rates — All fertilizers shall be sulfur -coated, slow release, complete fertilizers applied at the manufacturer recommended application rates of no less than 0.8 lbs. N per 1000 sq. ft. per application. Fertilizer used shall be Nature Safe's protein -based ORGANIC landscape fertilizer 8-5-5. EXhibit A Page 13 J) Specifications- 2018 Fertilization Sample Label - CONTRACTOR shall submit a sample label for all fertilizers and herbicides it proposes to use and obtain OWNER's approval of same before applying same to any turf area. Fertilizer Application Method — All fertilizer shall be spread with a hand-held broadcast spreader in such a manner as to insure even coverage at manufacturer recommended application rates. Application shall take place in dry weather to prevent the accumulation of the chemical and scorching of plant foliage. Certification - CONTRACTOR shall be certified and hold all required applicators licenses (3a and 3b) from the Office of the Indiana State Chemist to perform the obligations set forth in the Section. Compliance — CONTRACTOR shall comply with all environmental, and chemical, and all other applicable LAWS in performing its obligations under this Section. Sample Label — CONTRACTOR shall submit a sample label for all fertilizers it proposes to use, and obtain the OWNER'S written approval of the same before applying same to any plant beds or tree rings. Frequency of fertilization — All turf areas shall be fertilized a minimum of 4 times a year. Fertilizer Type for Mulch Beds — All fertilizer applied shall be a sulfur coated, slow release fertilizer containing nitrogen, phosphorus, and potassium in a form available for plant use. All areas are to be on an approved care program which includes the minimum applications of: Nitrogen Amounts Directions with Start Dates (lb/ 1000 sq. ft.) 0.75 1. Early Spring fertilization with a crabgrass pre -emergent with blanket broadleaf weed killer (Start April 150'- May 4'). 1.0 2. Spring fertilization (slow release) with broadleaf weed killer if broadleaf weeds / clover are present (Start 30-40 days after completion date of I't application). 1.0 3. Early Fall fertilization with slow-release broadleaf weed killer (Start August 15`h- August 31S) 1.25 4. Late Fall fertilization with blanket broadleaf weed killer (Start October 15`h - October 31S) Additional applications may be applied a total of no less than 4 lbs. of actual Nitrogen / 1000 sq. ft. during the growing season. No less than 0.50 lbs. N / 1000 sq. ft. and no more than 0.75 lbs. N / 1000 sq. ft. to be applied in any one application with the exception of late Fall fertilization which can be up to 1.50 lbs. N / 1000 sq. ft. and no less than 1.0 lbs N / 1000 sq. ft. Turf areas should be kept relatively weed free. Additional applications of herbicides may be necessary to control weeds. These applications are to be done at the CONTRACTOR'S expense. Frequency of pre -emergent crabgrass and broadleaf herbicide application — All turf areas shall have a pre -emergent crabgrass herbicide applied once in the early yang within a ten-day window of application depending on weather (to be started April 15'- May 4'). For consistency of turf appearance throughout the City, lawn applications are to be completed in no more than 10 days from start (weather permitting). All turf areas shall also have a broadleaf herbicide applied thereto a number of 4 times a year, the first mandatory blanket application to occur no earlier than April 15`h, 2018, and no later than May 4t', 2018, and the second application (as needed) is to occur 30 to 40 days after the date of Specifications- 2018 Fertilization Exhibit A Page -tydl� completion of the first application. The third application (as needed) is to not occur no earlier than August 15a' and, no later than August 31" and the fourth mandatory blanket application to occur no earlier than October 15th, 2018, and no later than October 31S`, 2018. Fertilizer Clean -un — CONTRACTOR shall clean up granular fertilizer from roads and sidewalks. ALTERNATE QUOTE FOR MULCH BEDS ONLY The CITY is requesting alternate pricing for the use of Non -Organic Fertilizer for this Quote. This will be a slow-release fertilizer such as Osmocote 14-14-14 that releases 3 to 4 months, or Osmocote 15-9-12 that releases 3 to 4 months, or other approved substitute. To be applied at the same rate as specified. TOTAL AREA OF MULCH BEDS: 684,567 Sq. Ft. 15.72 Acres END OF TECHNICAL SPECIFICATIONS FOR FERTILIZATION Exhibit Page ' Specifications- 2018 Fertilization 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 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 '. 11 111 1 111 EXHIBIT D AFFIDAVIT <,JAW , being first duly sworn, deposes and says that he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1. I am over eighteen (18) years of age and am competent to testify to the facts contained herein. 2. �am now and at all times relev,Ant herein have been employed by llduG+Gt£./ ��uci7 o !�icj s�� (the ,Employer,) in the position of 3. I am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E -Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. oh EXECUTED on the day of � P , 20 Pri I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. P City of Ca�lrmef 1111 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT ONE CIVIC SQUARE 35-6000972 CARMEL, INDIANA 46032-2584 RM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 ORDER DATE I DATE REQUIRED I REQUISITION NO. I VENDOR NO. 2/9/2018 TRUGREEN VENDOR PO BOX 9001033 359201 Page 1 of 1 PURCHASE ORDER NUMBER 101387 THIS NUMBER MUST APPEAR ON INVOICES, AIP VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE DESCRIPTION Street Department SHIP 3400 W. 131st Street TO Carmel, IN 46074 - LOUISVILLE, KY 40290--1033 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS 23289 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE Department: 2201 Fund. 2201 Motor Vehicle Highway FND Account: 43-504.00 (317) 733-2001 FREIGHT EXTENSION 1 Each Treatments $145,479.00 Sub Total Send Invoice To: Street Department OF CA�q'•ti ISI SND I AN% $145,479.00 $145,479.00 3400 W. 131st Street Carmel, IN 46074- (317) 733-2001 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $145,479.00 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 CLIA AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY// -- Dave Huffman James Crider TITLE Director Administration CONTROL NO. 101387 CLERK -TREASURER INDIANA RETAIL TAX EXEMPT City ®f Carme CERTIFICATE NO.003120155 002 0 FEDERAL EXCISE TAX EXEMPT ONE CIVIC SQUARE 35-6000972 CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE I DATE REQUIRED I REQUISITION NO. VENDOR NO. 2/9/2018 TRUGREEN JDOR PO BOX 9001033 LOUISVILLE, KY 40290--1033 PURCHASE ID BLANKET CONTRACT 232Af1 , L QUANTITY UNIT OF MEASURE Department 1206 Fund: 101 Account. 43-504.00 General Fund 1 Each Treatments Send Invoice To: Street Department 3400 W. 131 st Street Carmel, IN 46074- (317)733-2001 DEPARTMENT l 359201 PAYMENTTERMS DESCRIPTION Page 1 of 1 PURCHASE ORDER NUMBER 101388 THIS NUMBER MUST APPEAR ON INVOICES, AIP VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE DESCRIPTION Street Department SHIP 3400 W. 131st Street TO Carmel, IN 46074 - OF CqA� 1 III (317) 733-2001 FREIGHT UNIT PRICE I EXTENSION $720.00 Sub Total A`1nI\ AA PLEASE INVOICE IN DUPLICATE ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $720.00 SHIPPING INSTRUCTIONS'AIPVOUCHERCANNOTBEAPPROVED FOR PAYMENT UNLESS THEP.O. NUMBERISMADEA PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN 'SHIP PREPAID AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN 'C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL n /� 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO, ORDERED BY Dave Huffman TITLE Director CONTROL NO. 101388 CLERK -TREASURER