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Brickman Group, Ltd. CprOALLO- 4*- O t5 DOS 0 t Ar PROVED, A • - FORM BY: 4...mit THE BRICKMAN GROUP, LTD. Landscape Architects/Contractors/Horticultural Services HAZEL DELL PARKWAY PROP SAL CITY OF CARMEL ONE CIVIC SQUARE CARMEL, IN.46032 • 7950 Castleway Drive, Suite 100 Indianapolis, IN 46250• 317 845-9943 • Fax: 317 913-3163 Colorado,Connecticut,Delaware,Florida,Georgia,Illinois,Indiana,Maryland,Missouri, New Jersey,New York,North Carolina,Ohio,Pennsylvania,Texas,Virginia,Wisconsin BIDDER'S ITEMIZED PROPOSAL AND DECLARATIONS City of Carmel Instructions To Bidders: This form shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts shall be fully and accurately filled in and completed and notarized. Project: Hazel Dell Parkway Landscape Maintenance (Mowing& Trimming) Proposal For Construction of: To provide ground care and maintenance as outlined in these specifications for the Rights-of-Way, Landscape easements and medians of Hazeldell Road from 96th Street to 146th S& The work includes mowing and trimming of turf and pickup and removal of litter. Labor, material and equipment will be supplied by the Contractor. The Contractor shall be responsible to perform all work necessary to achieve the goals set forth herein. Date: Fehn.iary 15, 2fl1) To: City of Carmel, Indiana, Board of Public Works and Safety BID-1 PART 1 BIDDER INFORMATION (Print) 1.1 Bidder Name: 1.2 Bidder Address: Street Address: 7950 Castleway Drive, Suite 100 City: Indpls State: IN Zip: 46250 Phone: (317) 845-9943 Fax: (317) 913-3163 1.3 Bidder is alan[mark one] Individual Partnership Indiana Corporation X Foreign(Out of State) Corporation; State: Illinois Joint Venture Other 1.4 [The following must be answered if the Bidder or any of its partners or joint venture parties is a foreign corporation. Note: To do business in or with the City of Carmel, Indiana,foreign corporations must register with the Secretary of the State of Indiana as required by the Indiana General Corporation Act as stated therein and expressed in the Attorney General's Opinion#2, dated January 23, 1958.] .1 Corporation Name: The Brickman Group, Ltd. .2 Address: 7950 Castleway Drive, Suite 100 .3 Date registered with State of Indiana: November, 1994 .4 Indiana Registered Agent: Name: C.T. Corporation System Address: One North Capitol Avenue, Indpls, IN 46204 BID-2 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 Park 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total seventy six thousand one hundred Dollars ($ 76,100.00 ). The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price and further acknowledges that the unit quantities listed in Park 3 of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, ad are not to be construed as exact or binding. The Bidder further understands that all Work which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER cannot and do not guarantee the amount or quantity of any item of Work to be performed or furnished under the Contract. Mowing, Trimming, Trash removal $2,125.00/occ. X 28 occ. Total $59,500.00 Bed Maintenance All season Total $ 5,500.00 Turf Fert/Broadleaf Weed Control $5,550.00/occ. X 2 occ. Total $11, 100.00 BID-3 PART 3 EXCEPTIONS Instructions To Bidders: 3.1 The Bidder shall fully state each exception taken to the Specifications or other Contract Documents in Section 5.3 of this Part. 3.2 Bidder is cautioned that any exception taken by Bidder and deemed by OWNER to be a material qualification or variance from the terms of the Contract Documents may result in this Bid being rejected as non-responsive. 3.3 Exceptions: • None BID-4 Equipment to be used on Hazel-Dell Parkway 2 61" Skagg Mowers 3 48" Skagg Mowers 1 60" Exmark Lazer 3 Echo String Trimmers 4 Echo Blowers 2 Solo Backpack Sprayers 1 F450 Stake Bed 1 24' Wells Cargo Trailer * We will mow this project in two to two and a half days with a 7-8 man crew * Most likely the days of the week would be Monday and Tuesday every week * We would also have the capacity to put multiple crews on this project for special occasions should the need arise. THE BRICKMAN GROUP, LTD. °t ' /2a Ed Rockhill Branch Manager PART 4 FINANCIAL STATEMENT 4.1 Attachment of Bidder's financial statement is mandatory. Any Bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to OWNER must be specific enough in detail so that OWNER can make a proper determination of the Bidder's capability for completing the Work/Project if awarded. The financial statement shall be consistent with the information requested on the State Board of Accounts Form#102, entitled "Standard Questionnaires and Financial Statement for Bidders". BID-5 FEB-15-2000 11:06 BRICKMAN - CORPORATE 2157579630 P.04/04 RELIANCE INSURANCE COMPANY PHILADELPHIA,PENNSYLVANIA FINANCIAL STATEMENT DECEMBER 31, 1998 ASSETS Cash and Short Term Investments $ 295,587,745 Securities(Long Term) 4,882.669,094 Premium Balances 923,739,746 Accrued Interest and Dividends 45,492.624 Federal Income Taxes 1,498,834 Other Assets 340.291,70 Total Admitted Assets $6 289,259.794 LIABILITIES Losses and Loss Adjustment Expense $2,657,263,221 Unearned Premiums 1,021,803,685 Other Taxes. 17,671,059 Other Liabilities 841887,629 Total Liabilities $4„540„,25 594 CAPITAL AND SURPLUS Capital Stock ._ $ 44,586,703 Surplus 1,704,047.501 Total Policyholders'Surplus 1.748,444,204 Total Liabilities,Capital and Surplus $6.289,259 798 State of Washington ) SS. County of King ) Mark W.Alsup,being duly sworn,says:That he is Vice President of the RELIANCE INSURANCE COMPANY; that said company is a corporation duly organized, existing, and engaged in business as a surety by virtue of the laws of the Commonwealth of Pennsylvania, and has duly complied with all the requirements of the laws of said commonwealth applicable to said company and is duly qualified to act as surety under such laws; that said company has also complied with and is duty qualified to act as surety under the Act of Congress of September 13, 1982, as amended (31 U.S.G. §9301 et seq.); that the foregoing is a full, true and correct statement of the financial condition of said company on the 31st day of December 1998. Sworn to me this 16th day of April, 1999. 9a.44.4:4- CI.2441.4.44.42. t, 7/44 �` NOTARYRYso `t. '; - --+•i Vide President Janis J.Crossland.Notary Public.State of Washington. put= % County of King.My Commission Expires February 5.2000. I y 2-5-2000 s Gf ••r ff .rlA' TOTAL P.04 PART 5 ADDITIONAL DECLARATIONS 5.1 Bidder certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. 5.2 The Bidder certifies that he/she has thoroughly examined the site of the Project/Work and informed himself/herself fully regarding all conditions under which he/she will be obligated to operate and that in any way affect the Work, and knows, understands and accepts the existing conditions. The Bidder further certifies that he/she has thoroughly reviewed the Contract Documents, including all Addenda, and has had the opportunity to ask questions and obtain interpretations or clarifications concerning Contract Documents. BID-6 PART 6 NON-COLLUSION AFFIDAVIT The individual person(s) executing this Bid Proposal, being first duly sworn, depose(s) and state(s) that the Bidder has not directly or indirectly entered into a combination, collusion, undertaking or agreement with any other Bidder or person (i) relative to the price(s) proposed herein or to be bid by another person, or(ii) to prevent any person from bidding, or (iii) to induce a person to refrain from Bidding; and furthermore, this Bid Proposal is made and submitted without reference to any other bids and without agreement, understanding or combination, either directly or indirectly, with any persons with reference to such bidding in any way or manner whatsoever. PART 7 SIGNATURES [Signature by or on behalf of the Bidder in the spaces provided below shall constitute execution of each and every Part of this Itemized Proposal and Declarations Document. SIGNATURE MUST BE PROPERLY NOTARIZED.] - Bidders Name: Th Bri n Group Ltd. Written Signature: Printed Name: Ed Rockhill Title: Branch Manager Important-Notary Signature and Seal Required in the Space Below STATE OF Indiana SS: COUNTY OF Marion Subscribed and sworn to before me this 15th day of February 2000 . r My commission expires: 9 g o (Signed) �r�G Printed: ��- \r,p_ Residing in County, State of BID-7 BID BOND City of Carmel Instructions To Bidders Bidders may use this form or other form containing the same material conditions and provisions as approved in advance by OWNER/Obligee. Bidder/Surety must attach a signed, certified and effective dated copy of the Power of Attorney or Attorney-In-Fact establishing the authority of the person(s)signing this Bid Bond on behalf of the Surety. Surety company executing this bond shall appear on the most current list of"Surety Companies Acceptable on Federal Bonds," as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS,that the undersigned "Bidder": The Brickman Group, Ltd. and "Surety": [Name] [Address] a corporation chartered and existing under the laws of the State of , and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Cannel, Indiana ("Obligee") in the full and just sum equal to ten percent (10%) of the price stated in the Bid Proposal described in Part 2, including accepted alternates, if any, to be paid upon demand of the Obligee, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally and firmly by these presents. Five percent (5%) of the price stated in the Bid Proposal is $ . — WHEREAS,the Obligee has solicited Bids for certain Work for or in furtherance of construction of public improvements described generally as Hazel Dell Parkway Landscape Maintenance(Mowing& Trimming) Project No. 00-007A pursuant to plans, specifications and other "Contract Documents" included as parts of and designated by such solicitation; and BB-1 WHEREAS,the Bidder has submitted to the Obligee a Bid Proposal to perform such Work. NOW THEREFORE: The conditions of this obligation are such that if the Bid Proposal be accepted, with or without conditions,the Bidder shall within such time thereafter as prescribed by the Contract Documents (i) fulfill all conditions of such award that remain to be fulfilled, (ii) execute a Contract in accordance with the Bid Proposal and in the form and manner required by the Contract Documents, and(iii)thereafter provide all bonds, and other Documentation required by the Contract Documents to be delivered to Obligee prior to commencing Work, including without limitation a sufficient and satisfactory Performance Bond and Payment Bond payable to Obligee, each in an amount of one hundred percent(100%)of the total Contract price as awarded and in form and with surety satisfactory to said Obligee, then this obligation to be void; otherwise to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Bidder to comply with any or all of the foregoing requirements within the time specified above and as prescribed by the Contract Documents, immediately pay to the Obligee, upon demand, the amount hereof, in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. IN TESTIMONY THEREOF, the Bidder and Surety have caused this instrument to be duly signed and sealed this l 5 thday of February ,20 00 This Bid Bond shall bind the undersigned Surety whether or not also signed by the Bidder. "Bidder" "Surety" By: 21.11 By: Printed: Ed Rnrkhi 11 Printed: Countersigned: BB-2 FEB-15-2000 11:05 BRICKMAN - CORPORATE 2157579630 P.02/04 HOME OFFICE. PHIIADELPHIA, PENNSYLVANIA Bond No. N/A BID'BOND • - - APPROVED SY THE AMER/CAN INSTITUTE OF ARCHITECTS A.I.A.DOCUMENT NO.A-310(FEB.1970 ED.) KNOW ALL.MEN BY THESE PRESENTS;THAT WE THE BRICK MAN GROUP, LTD. as Principal,hereinafter called the Principal,and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania,a corporation duly organized under the laws of the State of Pennsylvania,as Surety,hereinaf- ter called the Surety,are held and firmly bound unto CITY OF CARMEL, INDIANA as Obligee,hereinafter called the Obligee,in the sum of FIVE PEPCEtNI' OF ?mUNT BID Dollars(S 5% a, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our- selves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for LANDSCAPE MAINTENANCE NOW THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 16TH ' day of FEBRUARY A.D.ift 2000 THE BRICIO1AN GROUP, LTD. • Principal) (seai) tness) ,jj Y•t_ - _. {title) RELIANCE INSURANCE COMPANY ‘)f)CLAZ 2 . OLLCLA-14_ BDR•2305 Ed.10-73 Nancy K. ce Attorney-in-Fact FEB-15-2000 11:06 BRICKMAN — CORPORATE 2157579630 P.03/04 - RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY ' UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE,PHn.ADEtPMIA,PENNBYLVANtA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that REUANCE SURETY COMPANY Is a oorporatlon duly organized under the laws of the Stets of 0•1- ewara. and that RELIANCE DURANCE COMPANY and WED PACIFIC INSURANCE.COMPANY,eta copore one duly oronited under the laws of the Commonwealth of Pennsylvania and that RELIANCE'NATIONALS INDEMNiTY COMPANY is•'corporation duly awaked under MO laws of the State of Wiecon.in (herein collectively called 'the Companies') end that the Companies by virtue of•signature and'seals do hereby make, constitute and appoint llchafd A.Jasabus,Nell C.Donovan.Nancy Kra Wallaas::ilendri E.Iron ian.,of Conshohocken, Psnnsylvani♦their true and lawful Attornay(.I in-Fact, to maks, exeoute. seal and deliver for and on'thin behalf, rand..as'thelr sot and deed any and all bends bends a undertakings of suretyship end to bind the Companies thereby a fully and to the'earn. intent is if lush bonds end undertakings end other writing. obligatory In the nature thereof ware signed by en Executiva Officei of the Companiea end willed and affected by one other of such offices.and hereby ramifies end confirms all that their said Attornsy(a)-ire Fact may do In pursuance hereof. This Power of Attorney is granted utdar and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY. RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL, INDEMNITY COMPANY which provisions ere now in full force and effect,reading as follows: o na.=MI-aftEcunos Or trONOS ANO UNOVITAKHlps 1. The Ward et OSWsmo,Vi.Nave*,tree Claim..of ttm serk w'►order Viso Noddoro.arm moo.~adders or Amboy*Vlor Prwld.ef w stew 0Now deelergee/by ow Sm.of Orecewo dhdl haw rawm and sMesrhy to tN asrsws Mwrwrt•w.s a end to*Awls Mini is mamma ran WIWI.f era Comp.,,saw mod toodettilduoirrommmitarmos.a.whrgw or meow* sued.der wriltrrs alileetwy it who n.lu.»w.et,.she all to wows suer sus%AitsmisisHwrsOi wow loop Sr*swab er rower Mo mew shin ti even.•. 2. 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UMW Needle I.weriss Cariosity ens Ndlanes.Motor d'tMrtndty Conerwty be Unsrtlnretrs CA.wet deed as•I Pabrwy 20.1N414 Ind by iiie,...bievive,vvi FvArdal Commesee of die beard el SNow.e a Niemen Mealy Cwa .,,rs tMsnlnwis Cerelere debt of iif M.al.$t.tint. Mdwd the she eip.aaee of weft deeetN"ono Meets and thy ow of Ow Carnrury.trey be sheet to.w'.woeh Pew!• ,•of IOW. sr snr•a nerin rdfeeea ute desreecer fee.•sllM.ared any Pats Pewee et Anetnee-w',*Mesa Mains wait hosbSis err'.tallibe:.lbel lid be Wad„atip .film Ire,Cs .it vela elif Nth PIM*Oltsma red er d..,SI b Nsiee denpros and''Waldo cost Shell be,vent! MnMrw Wee tti'Cwnyetj►.in the 1tMtsi' PouringuIM�net Nei w w eee wry Mi.iiwfslfrq to"tie"k is i ' IN WITNESS WHEREOF,the Compenise have oauaed thee*presents tab signed'and their oorporsts aals to be hereto affixed,this Febnea y 25, 199*. A;:i. RBLU NC8.SP FTY COMPANY C eo'y►e ,,i,r.o4 r+,�tee.. ,,, ' AI+iY ...•, ,,.,.1..,. 4•.6,..., •• ., S NNW► ' . • �,d►w r4 V ` .. et' . C6i !1Y'•.. I rob' T .i ,\• s�iAl- ` ? 1 'u, .:7 ►.,l 'Y'�QlrrIlAN1Y. — Aver► - 't SEC '_ i fees`e,f ,r SPATE.OF.p COUNTY OF} )se.,. ry1- Off thla.F.Meu y 26, iss1.before ms,.V.iswci.Ww h.m,'per on.uy•':apt" ed D uld T_Abs...who adtnowl. to.hi lb.Senior Vics President of the R.11enos 5u sty Comps y end the Vbo Pu id.nt of Ilei'iatts..Insurance:company, nit d' Incur nce Ccnweny, end , Reliance Notional Indemnity Co.lppny and that so ouch. ben authorized to do-so executed the foregoing Instrunfsnt for the purpose therein contained by signing ths nuns ot''ths calibration by hdm.el f°a,.. duly authallied;afficer. -- in witness whereof,I hereunto Set my bend and official seal.- .'i'.'. Nat�iat Sea{ ;fritt;F s'' vaiencis wo>tnam.Notary Public /► Philadelphia.PhafailliPhis C My Commission Expire•Nov 11l.. Notary fa M end for the Stars of Pennsylvania .Reoidingut PhNaddphls I.Anita Zlppert, Secrete of RELIANCE SURETY COMPANY. REUANCE INSURANCE COMPANY, an UNITED PACIFIC INSURANCE COMPANY, d RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above lad foregoing Is a um'and oorraot copy of the Power of Attorney executed by said Companies,which N still M full force end effuot. IN WITNESS WHEREOF,I hew hereunto sot my hand and affixed the saals of said Companies Ills 16 d of Ftbrua . 200Q M"„� 0,'""e ..`,, o,1' Secretary W►t. % t G.leis s i ,tld Me +r rent. ��I ` >.r".e.'t . THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK . HOLD AT AN ANGLE TO ViEV 02/16/00 08:30 tr QJ001 _. i�.. .., -; �• 1� l _'�' �'®..'r 1 I ,ft,,I+.--^�-T M,t ,r,-^r-�. ^�':..'_.`.(I,G'I`�t.,.:�.e:(4 ``��o.�,� I.t.t!L.��1�y n,R rk+R- '�i,7�,.• M�rtj'1�.1, ya• •DAYS. �MOAT) rti i j;v 1`� �, i 1 ' )1 �' t �. �,t S' V •S� 9� Ws { r15 ���,i..P ���i,/� b ' ! ,.L.ei,+s. nlVi t f• 1'�' 1 p -_ - i^4 �1i lR_ •:•'',,k ,7'-''';.W•''I'• 'Xt.' ,�t�. t''''" .'''4 i': '''4*'� February.,....1 5,2000 ..J1F,.,i�IJ )1111.+1r.�.r1YO+,.ri�. A.:.t'iLi}.till Yi-!!'�"11.�,�.: 1 •• �.n?gi,!r.,_�mrrw`1 �!i�ai,!!_w,J.(i....F+ ..�',� -�-•'— iW Mn1!' � Ii7 h PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1 Porter&Curtis-LLC Rose Tree Corporate Center COMPANIES AFFORDING COVERAGE 1400 North Providence Road,Suite 1025 COMPANY —. Media,PA 19063-2043 A General Accident Insurance Co.of America INSURED COMPANY The Brlckman Group,Ltd. B 375 South PlowerS MIII Road COMPANY Langhorne,PA 19047 C REGION: Midwest 743 COMPANY 0 1, TTpp.[ �'M,,1'�fNi �W' r.IIt l� ..}[�i TRHEIpS�►I �F kr TfY YHA c•QNoI N TB • r�4'ils ►,i. , rISS ,11r r i. cp'-1 Y►rv.I. . ,rt' ''r' i -y�`.�7;. '+��if - • R.AHN 0, t�aV� `F AFFORDED BY THE it/E F(�DEdC ala HEREIN 1 �Ij atri AL I rHeuraxtt IONS.AN)CONaB OF SvGm POUC' .itoarers S • MAY VE BEEN R IV,C'►BY Paf CLAIMSCO LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMiDDJYYPOLICY ) DAEXPIRATION E POLICY O/NYY) LIMITS GENERAL UARILITY PLP0432022-02 7/1/99 7/1/00 OtNERAL AGGREGATE 3 2.000.000 X COMMERCIAL GENERAL LIABILITY • PRODUCTS-COMP/oP AGG i 2,000,000 A CLAIMS-MADE L&1 OCCUR PERSONAL. INJURY S 1,000,000 OWNERS'&CONTRACTORS'PROT EACH OCCURRENCE $ 1.000,000 Harblclde/Pestic de coverage indudetl FIRE DAMAGE(My One Fre) $ 100.000 _ MED EXP(Any One Noreen) a 5.000 AUTOMOBILE LIABILITY BA0070715-02 7/1/99 7/1/00 COMBINED SINGLE miff s 1,000,000 © ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Pet Person) HIRED AUTOS BODILY INJURY NONOWNED AUTOS (Per AccWd) _ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY•EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY - EACH ACCIDENT AGGREGATE . ESS LIABILITY CUB0153602-02 7/1/99 7/1/00 EACH OCCURRENCE 0 6 000,000 A x UMBRELLA FORM AGGREGATE El5.000,000 III OTHER THAN UMBRELLA FORM 0 WIOLOERS''OIAINLIT TION AND EMPLOYERS'LiAeiLiTY DWCO290006-02 7/1/99 7/1/00 X 7447.1.. NEM A WC0161566-02-WI EL EACH ACCIDENT S 500.000 THE rnornlcrow ri INCL EL DISEASE-POLICY LIMIT 1 S00,000 PAR'MrRrOCAECUTIVE OFPICIRD ARE: - EXCL. EL DISEASE-EA EMPLOYEE $ 500,000 OTHER BA0070715-02 7/1/99 7/1/00 A Auto Phyyeical Damage-All Owned It Leased Vehicles-Comprehensive $1,000 Deductible Collision $1,000 Deductible DESORPTION or OPERATIONV/LOCA71ONS/VEHtCLE3ISPECIAL ITEMS Hazel Dell Parkway 96th St. to Th.St,Right of Way Maintenance Additional Insured City of Camel -- Fax 317-913-3163 'City of Carmel SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.THE ISSUING COMPANY VRLL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE One Civic Square TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,OUT FAILURE TO MAIL SUCH NOTICE Carmel, IN 46032 SHALL'.IMPOSE NO OBLIGATION OR LIABUTY OF ANY KIND UPON THE COMPANY,ITS AGENTS DR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE .4,1 .._ _ti.i J-4.,; r),.. ,t, .� . „,L L ,,ino� 1... .1. .L,.,'•-. ,. .1.0.. ..—..i i r-,i. m.,, DRAFT Ate ROVED, AS TO FORM BY: AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety("City"), and The Brickman Group, Ltd. ("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same and/or its provision of any goods and/or services ("Goods and Services") hereunder shall constitute Vendor's acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the Goods and Services described in attached Exhibit A, which is incorporated herein by this reference, and Vendor agrees to provide same and to otherwise perform the requirements of this Agreement and to execute its responsibilities hereunder by following and applying at all times the highest professional and technical guidelines and standards. 3. PRICE AND PAYMENT TERMS: The total price for the Goods and Services contemplated herein shall be no more than the amounts set forth in attached Exhibit A. 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 (30) 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 accordance 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. Subject to the _ above, if the undisputed invoice amount is not paid within thirty (30) days of its receipt by City, Vendor shall so notify City. If such amount as is not disputed is not thereafter paid within ten(10) business days from the date such notice is received by City, then a late charge in a sum equal to one percent (1%) of such unpaid and undisputed invoice amount shall accrue and be immediately due and payable by City to Vendor as a separate debt for each month it remains unpaid. In the event an invoice amount is disputed, City shall so notify Vendor. If such dispute is not resolved to City's satisfaction within five (5) business days after notice of such dispute is given, City shall pay such amount as is in dispute, under protest, into the Cannel City Court, which court shall hold such monies until provided with a settlement agreement signed by both parties hereto or a final judgment has been entered thereon. (eb nu\\ord/.IJ\\,l'bJii lll\docunicii IS proficn icci,¢oodi&Sc Icci'.goodi&scn•icc;lurui dos L5'OO) l DRAFT 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to the specifications, drawings, samples, instructions, directions and/or descriptions thereof furnished to Vendor by City and/or by Vendor to and accepted by City, that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. In addition, Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services covered by this Agreement have been selected and provided by Vendor based upon City's stated use and will be fit and sufficient for the particular purposes intended by City. 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. Prior to and with 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 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. Vendor shall indemnify and hold harmless City from and against any and all liabilities, losses, claims, costs and expenses, including, but not limited to, attorney fees incurred by City in connection with any such lien and/or the removal thereof. This indemnification obligation shall survive the termination of this Agreement. 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, files, or has filed against it, a petition in bankruptcy, for receivership or other insolvency proceeding, makes a general assignment for the benefit of creditors or, if Vendor is a partnership or corporation, — 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; (2) obtain, upon such terms and in such manner as City deems appropriate in its sole discretion, the same or similar Goods and Services which were to be provided to City by Vendor, and Vendor shall be liable to City for any excess costs of the City in obtaining same; and (3) exercise any other rights or remedies as are available to City at law and/or in equity. (cb i c ba>>ni'docuiociiis profscn ices goods&,cry i cc,'•good>S,crs icc,fl)m doc 001 2 DRAFT 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 and reasonably acceptable to City, such insurance as is necessary for the protection of City and Vendor from any and all claims for damages or otherwise 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 and all of Vendor's agents, officers, employees, contractors, subcontractors and other persons; because of any injury to or destruction of property, including, but not limited to, loss of use resulting therefrom; or, otherwise. The coverage amounts shall be no less than those amounts set forth in attached Exhibit A. Vendor shall cause its insurers to name City as an additional insured on all 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, Vendor's use of City property, or otherwise, except for such liabilities, claims or demands that arise directly and solely out of the negligence of City. 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, subcontractors and other persons in the performance of this Agreement, or otherwise. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances 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, codes and ordinances. 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, subcontractors and other persons shall comply with all existing and future 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 the hire, tenure, terms, conditions or privileges of employment and to any other matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or — Vietnam era veteran status. City reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person so discriminated against. [cb nis'ord./de ss,c bess,m}documcros'Tro Gen ices goodiksen goodidsers ices form doc ll5/00] 3 DRAFT 12. NO IMPLIED WAIVER: The failure of either party at any time to require performance by the other of any provision of this Agreement shall in no way 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 thereof 13. 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. 14. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and Vendor and all of its officers, employees, contractors, subcontractors, agents and other persons are not and shall not become employees of City, and the sole responsibility to pay to or for same all statutory, contractual and other benefits shall remain exclusively with Vendor. The contract price set forth herein to be paid hereunder by City to Vendor shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 15. 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 further agree that, in the event a lawsuit is filed hereunder, they waive any rights to a jury trial they may have, 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. 16. SEVER.ABILITY: 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 such statute, regulation, ordinance, order or rule, and the remaining provisions of this Agreement shall remain in full force and effect. 17. NOTICE: Subject to paragraph 16 hereinabove, 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 ATTN: aqi I In co l`) to (with a copyCityAtrney, — One Civic Square, Carmel, IN 46032) If to Vendor: 1`t c. Jv L>,te9u, Lfe,p• ``l-A0 41 L I ,�. ,'J t i oo ATTN: A eRod ito l� (cb n s ord,d,‘c bJsi III\docunicIus\profscn ices goods&scn ices,goods&scn iccsfonu doc I s 00) 4 DRAFT Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within ten (10) business days from the date of such oral notice. 18. TERMINATION: 18.1 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 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. 18.2 Either party hereto may terminate this Agreement at any time upon thirty (30) days prior notice to the other party. 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. 19. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons or entities executing this Agreement have the authority to bind the party which they represent. 20. ADDITIONAL GOODS AND/OR SERVICES _ Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and/or services to City. When City desires additional goods and/or services from Vendor, the Mayor or his duly authorized representative shall notify Vendor of such additional goods and/or services desired, as well as the time frame in which same are to be provided. Vendor shall then provide, at no cost to City, an estimated cost for such additional goods and/or services, as well as the date by which same will be provided to City. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and/or services shall Vendor be authorized to provide same, the identification of which shall be set forth in documents which shall be numbered and attached hereto in the order they are approved by City. 21. TERM Subject to the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2000, 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. 22. FORCE MAJEURE Any delay or failure of either party to perform its obligations hereunder shall be excused if, and to the extent, same is caused by an event or occurrence beyond the reasonable control of the party and without its fault or negligence, provided that notice of such delay (including the anticipated duration of the delay) shall be given by the affected party to the other party within five (5) business days after the first day of such event or occurrence. During any such period of delay or failure to perform by Vendor, City, in its sole option, may purchase some or all of the same or [cbnis ordr',lu 'cbassmiv documents profscnviccsgoods&scn ices\goods&scniccsformdoc:I5/00[ 5 DRAFT similar Services and/or additional services from other sources and reduce the Services requested of Vendor hereunder by such degree, or have Vendor provide some or all of the Services and/or additional services from other sources at times requested by City and at the prices set forth in this Agreement. 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 City and Vendor, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to this Agreement and to such other party's officers, officials, agents, partners, successors, assigns and legal representatives in all respects as to all covenants, agreements and obligations of this Agreement. 25. NO THIRD PARTY BENEFICIARIES Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone other than City or Vendor. 26. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, are fully aware of their respective rights, have had the opportunity to obtain the advice and assistance of an attorney throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily, and without any duress, undue influence, coercion or promise of benefit, except as expressly set forth herein. 27. 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 conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail, unless the parties hereto, or their successors in interest, expressly and in writing agree otherwise. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. [remainder of page intentionally left blank] (cb nis ord c bass ni,documents\prof>crviccs,goodsCscrviccs goods&scr.iccsfon.doc:I'5'001 6 DRAFT 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: By: ta, Ja es Brainard Presiding Officer Authorized Signature Date: S ` ov Ed Rockhill .• Printed Name Mary £ • :urke, Member Date: 3 — is--Do Branch Manager Title Billy Walker, Member Date: February 15, 2000 Date: 2 3-2 949247 FID/SSN: ATTEST: ir / I i f Diana Corday n , - -Treasurer Date: is (cb bass\mydocumcots'profscr iccs'goods&scrviccslgoods&scrviccsfonn.doc:l/5/00] EXHIBIT B Professional Services Invoice Date: February 15, 2000 Name of Company: The Brickman Group, Ltd. Address &Zip: 7950 Castleway Drive, Suite 100, Indianapolis, Indiana 46250 Telephone No.: (317) 845-9943 Fax No.: • (317) 913-3163 Project Name: Hazel Dell Parkway Lawn Maintenance Invoice No: Person Service Services Provided Hourly Hours Total Performing Date (Describe in detail in one- Rate Worked Service tenth hour units) GRAND TOTAL Signature Printed Name THE BRICKMAN GROUP, LTD. Landscape Architects/Contractors/Horticultural Services February 15, 2000 City of Carmel 1 Civic Square Carmel, IN 46032 Dear Sirs, — If you have any pertinent financial and credit questions please contact the following: Marge Wilson or Martha Woods at Harris Trust and Savings Bank, 111 West Monroe Street, Chicago, Illinois, 60694,Phone (312) 461-2121. If you have any further questions do not hesitate to contact me. Sincerely, THE BRICKMAN GROUP, LTD. Ed Rockhill Branch Manager 7950 Castleway Drive, Suite 100 Indianapolis, IN 46250• 317 845-9943 • Fax: 317 913-3163 Colorado,Connecticut,Delaware,Florida,Georgia,Illinois,Indiana,Maryland,Missouri, New Jersey,New York,North Carolina,Ohio,Pennsylvania,Texas,Virginia,Wisconsin :70 Cgk;'. f S y0, City of C l r0N^Gd•`? March 17, 2000 Ed Rockhill The Brickman Group, Ltd. 7950 Castleway Dr., Suite 100 Indianapolis, IN 46250 Dear Mr. Rockhill: On March 15, 2000, the Board of Public Works and Safety approved a contract to do business with your company. Enclosed are several documents which will ensure a successful and profitable business relationship with the City of Carmel. Please review the enclosed sample invoice (Exhibit B of your contract). You do not need to use this specific form, but we require you to submit the requested information in a similar layout. This format replaces any other form previously used by the City and is effective upon approval of your contract. We ask that you also review and complete the enclosed questionnaire and the attached W-9. We must receive these forms in order to process your claims for services rendered. I have enclosed a copy of the signed agreement between your company and the City. Please call Clerk-Treasurer Diana Cordray at 571-2414 if you have any questions. Sincerely, Robin L. Butler Deputy Clerk Enclosures pc: David Klingensmith, Street Commissioner ONE.CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2400