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EA Outdoor Services/Street/116,123/Roundabout Maintenance EA Outdoor Services Street Department 2012 Appropriation #0043 504.00 P.O. #26274 Contract Not To Exceed $116,123.00 QED AGREEMENT FOR PURCHASE OF GOODS AND SERVICES Dcs 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 _EA Outdoor Services, 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 0043 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 Sixteen Thousand One Hundred Twenty Three Dollars ($116,123.00) (the "Estimate Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and /or quotations regarding same as were provided to Vendor by City and /or by Vendor to and accepted by City, 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. MIssvrappsl\U.ca Data Admut\LA W\aharul\Prof Svc. Goods Svcs \Strai\2012\EA OUTDOOR SERVICES Gods Sr. dm 3/l4/2012 2 :55 PM] EA Outdoor Services Street Department 2012 Appropriation #0043 504.00 P.O. #26274 Contract Not To Exceed $116,123.00 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. 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. [Alss.rappsl \User Data Admm\LA WVharal\Prot Svc, Goods Sves\S1r I\2012\EA OUTDOOR SERVICES Good. pas dot 3 /14/2012 2 55 PM] EA Outdoor Services Street Department 2012 Appropriation #0043 504.00 P.O. #26274 Contract Not To Exceed $116,123.00 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. 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. 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. 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 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. 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 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. [\\Issvrappsl \User Data Adorn] \LAW\harri\Prof Svcs& Goals Svc.\SVet\20I2\EA OUTDOOR SERVICES Goods &Sgv", doc 3/14/20122.55 NO] EA Outdoor Services Street Department 2012 Appropriation #0043 504.00 P.O. #26274 Contract Not To Exceed $116,123.00 16. 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. 17. 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 Street Department One Civic Square Carmel, Indiana 46032 ATTENTION: David Huffman AND Douglas C. Haney, City Attorney, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: EA Outdoor Services 3465 N. Commercial Parkway Greenfield, IN 46140 Telephone: 260- 517 -8037 E -Mail: ATTENTION: Joel Rebber 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 five (5) 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 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. fAlssvrappsl \Lisa Data Admm\LA W\ harul\ProfSvcs Goods Svcs\Slru1\2012\EA OUTDOOR SERVICES Goods Toe. do 3 /14/21112 2 55 PM] EA Outdoor Services Street Department 2012 Appropriation #0043 504.00 P.O. #26274 Contract Not To Exceed $116,123.00 18.2 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. 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. 20. 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. 21. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2012 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. 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. 23. 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. 24. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 25. 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. [111,vrapps11Usa Data Admm\LAW sharai1Pro1 Svc, Goal. Svc.\Str. t121112\EA OUTDOOR SERVICES Good. Spnrc. .dot 3 /14/21112 2 :55 PM] EA Outdoor Services Street Department 2012 Appropriation #0043 504.00 P.O. #26274 Contract Not To Exceed $116,123.00 26. 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. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA EA Outdoor Services by and through its Board of Public Works and Safety By: By: 9 4_4 mes Brainard, Presiding Officer th ro''ized Signature Date: 3 2 3CE-1- QEB[3(%fz Printed Name M.ry A Burke, Member Date: 3- 2/- l A 0 rnANAly -sc Title Lori S. Wats• M mb r FID /TIN: 1 1101415 Date: Last Four of SSN if Sole Proprietor: ATTEST: Date: /1 5/2012 L r l iana Cordray, IAMC, C.1erk- Treasurer Date: 3 -'0./ I� \Ussvrappsl \User Data Admm\LAVAshar \Prof Svcs Goods Svcs\SVe 1\2012\EA OUTDOOR SERVICES Goods Spnicss dos: 3/14/2012 2 55 PM] 2012 LANDSCAPE MAINTENANCE TOTAL 1 BID AMOUNT A 6) n TOTAL I THIS IS TO BE THE FIRST PAGE OF ENTIRE BID. 11 1 7 Exhibit PART 1 BIDDER INFORMATION (Please Type or Print) 1.1 Bidder Name: Jam. P /GA Ouf 000 viCES 1.2 Bidder Address: Street Address: Sce p5 N CMrveec,lAL 1 City: 6 State: IP Zip: 4(0f 4o Phone )6 Fax )070$0+ 3403 1.3 Bidder is a/an [mark one]: Individual Partnership Indiana Corporation; Foreign (Out of State) Corporation; State: Joint Venture Other: L LC is f 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 1 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: .2 Address: .3 Date registered with State of Indiana: .4 Indiana Registered Agent: Name: Address: lAb I PART 2 BID PROPOSAL 2.1 Project 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 project, including any and all addenda thereto, for the total sum of Ott 1- 1 5hcr- 1 o Ro .e) Dollars I (9 1 The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price. The Bidder further understands that all work which may result on the Contract shall be compensated for on a lump sum basis and that the OWNER cannot and does not guarantee the amount or quantity of any item of work to be performed or furnished under the Agreement. i i L J TECHNICAL SPECIFICATIONS 2012 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. 131 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: 96 St. and Commerce Rd. Roundabout 1,411.3 sq. ft. E 96 2 ,827 sq. f St. and Ditch Rd. Roundabout q t 96 St. and Shelborne Rd. Roundabout 1,413.6 sq. ft. 96th St. and Spring Mill Rd. Roundabout 2,890 sq ft. i 96 St. and Westfield Blvd. Roundabout 9,723 sq. ft. 103 St. and Pennsylvania St.. Roundabout 4,298 sq. ft. 1 106 St. and Ditch Rd. Roundabout 2,771 sq. ft. 106 St. and Gray Rd. Roundabout 4,298 sq. ft. 106 St. and Pennsylvania St.. Roundabout 4,069 sq. ft. r 106 St. and Spring Mill Rd. Roundabout 2,921 sq. ft. I 116 St. and Clay Center Rd. Roundabout 3,207 sq. ft. J 116th St. and Ditch Rd. Roundabout /Hillside 1,196 sq. ft. 116 St. and Illinois St. Roundabout 2,636 sq. ft. J, 116 St. and Shelborne Rd. Roundabout 11,748 sq. ft. 116 St. and Spring Mill Rd. Roundabout 2,039 sq. ft. 121 St. and Shelborne Rd. Roundabout 4,453 sq. ft. 126 St. and Hazel Dell Pkwy Roundabout 2,826 sq. ft. 126 St. and Illinois St. Roundabout 3,214 sq. ft. 126 St. and Shelborne Rd. Roundabout 4,453 sq. ft. 126 St. and Towne Rd. Roundabout 2,945 sq. ft. 131 St. and Shelborne Rd. Roundabout 5,725 sq. ft. 136 St. and Ditch Rd. Roundabout 4,900 sq. ft. 136 th St. and Oak Ridge Rd./ Illinois St. Roundabout 5,144 sq. ft. 136 St. (Smokey Row) Rangeline Rd. Roundabout 694 sq. ft. 136 St. and Spring Mill Rd. Roundabout 6,877 sq. ft. 136 St. and Towne Rd. Roundabout 5,026 sq. ft. 141 St. and Ditch Rd. Roundabout 4,623 sq. ft. 141 St. and Spring Mill Rd. Roundabout 4,130 sq. ft. 141 St. and Towne Rd. Roundabout 3,124 sq. ft. Children's Smallest Art Gallery 747 sq. ft. City Center 126 and Rangeline Rd. 3,695.5 sq. ft. Ai TS -1 qi16 Ili City Center Plaza Planters 1,120 sq. ft. City Center Monon Hillside Steps 1,443,5 sq. ft. City of Carmel Communications Center 1st Ave. NW 390 sq. ft. Evan Lurie Gallery/ Sweet Shop Parking q 1,188 First Ride Sculpture Beds and Hedge (Main St. and Monon Trail 780 q. ft. Hazel Dell Pkwy and Avian Way Roundabout 166 60..8 8 sq. ft. Hillside Plantings at 136 and Keystone Pkwy. (NE Corner) 1,800 sq. ft. Indiana Design Center (Range Line Rd.) 4,150 sq. ft. Keystone Parkway Entrance and Exit Ramps 24,477 sq. ft. Keystone Pkwy. Retaining Wall Plantings -NW NE of 126 St. 5,760 sqf t. Oak Ridge Rd. and Adios Pass Roundabout 4,305 sq. ft. Oak Ridge Rd. and Bennett Rd. Roundabout 4,564 sq. ft. Old Meridian St. and Guilford Ave. Roundabout 4,711 sq. ft. Main St. (131s St.)and Clay Center Rd. Roundabout 4,822 sq. ft. Main St. and Ditch Rd. Roundabout 4,522 sq. ft. Main St. and Hazel Dell Pkwy. Roundabout 2,826 sq. ft. Main St. and Illinois St. Roundabout 4,718 sq. ft. Main St. and Spring Mill Rd. Roundabout Main St. and Towne Rd. Roundabout 4,904 sq. ft. 2,993 sq. ft. Medians 116 St. from College Ave. to Keystone Ave. 40,088 sq. ft. Medians -126 St. from Shelborne Rd. to Towne Rd. 7,674 sq. ft. Medians Ditch Rd. from 141 St. to 146 St. 2,063 sq. ft. Medians Grande Boulevard E. from Old Meridian to Guilford 21,776 sq. ft. Medians Illinois St. from 121 to 126 St. 7,080 sq. ft. Medians Main St. from Shelborne Rd. to Ditch Rd. 1,416 sq. ft. Medians Pennsylvania St. from 106th St. to South of 103rd St. 13,989 sq. ft. Medians Spring Mill Rd. from 141 St. to 146 St. 2,475 sq. ft. Medians Towne Rd. from 116th St. to 146th St. 23,086 sq. ft. 1 Metallic Modern Sculpture Area (1 Ave. SW) 910 sq. ft. Old Town Cafe Bump -Outs (Main St. and Range Line Rd. area) 462 sq. ft. _1 Old Town Shops (Southeast Parking Lot Area) 3 900 sq. ft. Palladium Green Roof q" Palladium North Side Beds (includes 8 trees) 2,986.25 3,0011 11 s q. f ft ft. st. 1 Pedcore 3 Ave. Sign Beds (includes raised beds, trees, sidewalk) 2,379 sq. ft. Reflecting Pond (3 Ave. SW) 6,120 sq. ft. R.O.W. City Center Rd. from Carmel Dr. to 3rd Ave. 18,437 sq. ft. Spring Mill Rd. Dorset Blvd. Roundabout 491 sq. ft. The Green at City Center (32 Tree Wells) 392 sq. ft. The James Building at City Center Parking Garage Entry) 1,798.25 sq. ft. Veterans Memorial (3 Ave. SW) 4,922 sq. ft. Total Sq. Ft. for 2012 Contracted Landscaped Areas: 366,614.2 sq. ft. Total Acreage for 2012 Contracted Landscaped Areas: 8.42 acres TS -2 c r c) ik Such Project landscape work will include the weekly pick up and removal of litter in above specified areas from March 2012 to March 2013. Project will include the spreading of black dyed enhanced bark mulch (no pallets), fertilization, herbicide application, chemical control of bagworm, scale, emerald ash borer insects on specified trees, shrubs, and groundcover, 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 Cannel'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 f� 2580. L 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: J 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 LANDSCAPE MAINTENANCE SPECIFICATIONS 5.1 Maintenance Period The landscape maintenance period shall begin on March 1, 2012 and continue through February 29 2013. TS -3 Ch D 5.2 Maintenance Schedule Refer to the enclosed suggested maintenance schedule for each roundabout, median, divider island, right -of -way, and curbside bed. 5.3 Quality 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 2012 to March 2013. 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, 2012. The grasses shall not be cut down in the fall but left in the beds for winter interest. 5.6 Spring Bulbs Up to 10,000 spring blooming bulbs will be installed in designated landscape areas in Fall 2012. Contract also requires removing spent/browning blooms and foliage from previous years bulbs as part of general weekly maintenance. Cuvi„40 pu eokv t ,1t) 5 Co 45 r P la n-1 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. l 5.8 Plant Damage Pruning, weeding, trimming, application of fertilizers, 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 it 1 own expense. TS -6 LANDSCAPE FERTILIZATION 6.1 Frequency of Fertilization All landscape areas shall be fertilized a minimum of two times per year. The first mandatory application to occur no earlier than April 1, 2012 and no later than April 30, 2012. The second mandatory application to occur no earlier than July 1, 2012 and no later than July 15, 2012. 6.2 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. 6.3 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. TS -4 7 (0 6.4 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. 6.5 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. 6.6 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. 6.7 Compliance CONTRACTOR shall comply with all environmental, and chemical, and all other applicable LAWS in performing its obligations under this Section. TS -7 WEED CONTROL FOR PLANTING BEDS 7.1 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 mowing contract) 7.2 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, 2012, and no later than March 30, 2012. The second mandatory application shall be done no earlier than July 1, 2012, and no later than July 15, 2012. (exclude right -of -way and median tree rings in this section also) 7.3 Sample Label CONTRACTOR shall submit a sample label for all fertilizers and 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. 7.4 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. 7.5 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. TS -5 F' 5' 7.6 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. 7.7 Compliance CONTRACTOR shall comply with all environmental, and chemical, and all other applicable LAWS in performing its obligations under this Section. 7.8 List A complete list of chemicals used will be provided to OWNER. 7.9 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 -8 MULCH 8.1 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 is subject to approval by a Cannel Street Department representative prior to application. 8.2 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, 2012. Rake beds in August/September to loosen and refresh existing mulch. 8.3 Tree Rings Specifications set by City of Y Y Carmel Urban Foresters are as follows: a) All trees within the specified landscaped areas of this contract shall have a minimum 4' diameter ring, covered with a 1" to 2" thick layer of mulch. Trees located within the mulched landscape do not need individual rings. Trees surrounded by turf will need mulch rings. b) 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 -6 A TS -9 TREE AND SHRUB INSECT CONTROL 9.1 Frequency ofpesticide application All trees, shrubs, ground cover with visible signs of scale, fungus, bagworm and other caterpillars, are to be treated with dormancy oil prior to leaf bud break, (usually in March), at label recommended rate. Follow up treatment for caterpillars and scale is to be applied as necessary. 9.2 Rates Rates are to be based on label recommendations for the approved pesticide(s). 9.3 Sample Label CONTRACTOR shall submit a sample label for the pesticide(s) it proposes to use and obtain OWNER's written approval of same before any such application occurs. 9.4 Notification OWNER must be notified in writing at least seven (7) calendar days advance of any intended date for application of pesticides pursuant to this Section. f 9.5 Pesticide Application Method Pesticide application must be made in a safe and approved manner that provides thorough and even coverage, minimizes drift, and avoids contact with vehicles, people and non target animal species. 9.6 Certification CONTRACTOR shall be certified and hold all required applicators I licenses (3a) from the Office of the Indiana State Chemist to perform its obligations set forth in this Section. 9.7 Compliance CONTRACTOR must comply p y with all environmental, chemical, and other applicable LAWS in performing its obligations hereunder. 1 TS -7