HomeMy WebLinkAboutResolution BPW 07-17-24-03/UTL/$43,103,640/Republic Services of Indiana, L.P./City-Wide Residental Solid Waste, Yard Waste, Recycling Collection and Disposal ContractZ:\sharedcloud\hydra\data\tmp\pool-6-thread-1-1301230545953957007.octo\6e4fbfb4-d922-458a-8e76-605e2403a6ef.docx7/8/2024 1:53 PM
RESOLUTION NO. BPW 07-17-24-03
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter
into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’s mayor may enter into contracts on behalf of the
City; and
WHEREAS, pursuant to his authority under Indiana law, the City’s previous mayor, the Honorable James
Brainard, caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and
WHEREAS, Mayor Finkam now wishes to present the contract to the City’s Board of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk’s Office, and made available to the public for review.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
follows:
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public
for review.
SO RESOLVED this day of , 2024.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
Sue Finkam, Presiding Officer
Date:
Laura Campbell, Member
Date:
Alan Potasnik, Member
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
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7/17/2024
NOT PRESENT
7/17/2024
17 July
7/17/2024
CONTRACT BETWEEN
CITY OF CARMEL, INDIANA
BOARD OF PUBLIC WORKS AND SAFETY
AND
REPUBLIC SERVICES OF INDIANA, L.P.
"CONTRACTOR"
CITY-WIDE RESIDENTIAL SOLID WASTE, YARD WASTE, RECYCLING COLLECTION AND DISPOSAL
CONTRACT
IN THE CITY OF CARMEL, INDIANA
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CITY-WIDE RESIDENTIAL SOLID WASTE, YARD WASTE, RECYCLING COLLECTION AND DISPOSAL
CONTRACT
This City-Wide Residential Solid Waste, Yard Waste, Recycling Collection and Disposal Contract
("Contract"), is made and entered into on this _____ day of _______________________________, 2023,
by and between the City of Carmel, an Indiana municipal corporation, by and through its Board of Public
Works and Safety ("City") and Republic Services of Indiana, L.P. ("Contractor"), a corporation duly
organized under the laws of the State of Delaware, and being duly licensed to do business in the State of
Indiana for residential Solid Waste and Recycling collection and disposal for the City (the "Services"). The
City and Contractor agree as set forth below:
1. The Services. It is the intent of the Contract and the City to provide in every detail a
comprehensive Solid Waste, Yard Waste collection and disposal service consisting of weekly pick-up of
bagged, containerized and/or bundled household Solid Waste and Yard Waste from all Residential Units,
except certain apartment/townhome complexes that have previously been identified as not being part of
the City-Wide Program with the corporate limits of the City. Such program will also include weekly
curbside commingled Recycling from all eligible Residential Units, except certain apartment/townhome
complexes that have previously been identified as not being part of the City-Wide Program. Contractor
shall have the exclusive right to collect and dispose of waste for all eligible Residential Units, except certain
apartment/townhome complexes that have previously been identified as not being part of the City-Wide
Program within the corporate limits of the City. Contractor shall furnish all materials, labor, tools,
equipment, supplies, safety equipment, transportation, and supervision necessary to perform, and shall
perform, the Services generally described herein, in a good and workmanlike manner and in accordance
with the Contract Documents (as hereinafter defined) or reasonably inferable by Contractor as necessary
to produce the results intended by the Contract Documents (all hereinafter called the "Services").
A. Supervision and Procedures. Contractor shall supervise and direct the Services using
Contractor's best skill and attention. Contractor shall be solely responsible for and have
control over the means, methods, techniques, sequences and procedures and for
coordinating all portions of the Services. Contractor shall be deemed an independent
contractor and operate as a separate entity from the City. Contractor shall be responsible
to the City for the acts and omissions of Contractor's employees, material suppliers,
laborers, equipment lessors and all other persons performing portions of the Services.
B. Labor and Materials. Contractor shall provide and pay for all labor, materials, equipment,
tools, water, utilities, transportation, and other facilities and Services necessary for the
proper execution and completion of the Services, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Services.
C. Taxes. Contractor, if required, shall pay all sales, consumer, use and similar taxes for
the Services provided by Contractor.
D. Permits, Licenses, Fees and Notices. Contractor shall secure and pay for all required
and necessary permits, licenses, governmental fees and inspections necessary for the
proper execution and completion of the Services. Contractor shall comply with and give
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notices required by laws, ordinances, rules, regulations and lawful orders of public
authorities bearing on the Services. If Contractor performs Services contrary to laws,
statutes, ordinances, codes or rules and regulations. Contractor shall assume full
responsibility for such Services and shall bear the attributable costs.
E. Maps or Graphic Depictions. The City shall furnish maps or graphic depictions
describing the physical characteristics, legal limitations for the provision of the Service.
Such items are for informational purposes only and City shall not be liable for
inaccuracies or omissions, therein, nor shall any inaccuracies or omissions in such items
relieve Contractor of its responsibility to perform its Services in accordance with
the Contract Documents.
F. Subcontractors. The Contractor shall not subcontract or assign any right or interest
under the contract, including the right to payment. Any attempt by the Contractor to
subcontract or assign any portion of the contract shall not be construed to relieve the
Contractor from any responsibility to fulfill its obligations in accordance with the
provisions of the Contract Documents and shall be considered a breach of this Contract.
G. Labor Relations. Contractor shall assure harmonious labor relations to prevent any
delays, disruptions or interference to the Services. Contractor shall prevent strikes,
sympathy strikes, slowdowns, work interruptions, jurisdictional disputes or other labor
disputes resulting for any reason whatsoever from the acts or failure to act of the
employees of Contractor, Contractor's suppliers, or other such persons or entities.
Contractor agrees that it will bind and require its suppliers and other such persons or
entities to agree to all of the provisions of this paragraph. If Contractor or any of its
suppliers or other such persons or entities fail to fulfill any of the covenants set forth in
this paragraph. Contractor will be deemed to be in default and substantial violation of
the Contract.
H. Representations. Contractor represents and warrants the following to the City as a
material inducement to the City to execute this Contract, which representations and
warranties shall survive the execution and delivery of this Contract, any termination
of this Contract, and the final completion of the Services:
(1) Contractor is able to furnish the tools, materials, supplies, equipment and labor
required to complete the Services and perform its obligations hereunder and
has sufficient experience and competence to do so;
(2) Contractor has reviewed the maps or graphic depictions of the Project and is
familiar with the local conditions under which the Services are to be performed
and has correlated observations with the requirements of the Contract
Documents; and
(3) Contractor possesses a high level of experience and expertise in the business
administration, performance and superintendence in the provision of Services of
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the size, complexity and nature of the Services to be performed hereunder, and
will perform the Services with the care, skill and diligence of such a Contractor;
and
(4) Contractor represents and warrants and the City awards this Contract upon the
express warranty of the Contractor that it has not, nor has any other member,
representative, agent, or officer of the firm, company, corporation or
partnership represented by the Contractor:
a. employed or retained any company or person, to solicit or secure this
Contract; or
b. entered into or offered to enter into any combination, collusion, or
agreement to receive or pay and that the Contractor has not received or
paid, any fee, commission, percentage, or any other consideration,
contingent upon or resulting from the award of and the execution of
this Contract excepting such consideration and subject to the terms and
conditions expressed upon the face of the within Contract.
For breach or violation of this representation, the City shall have the right to
cancel this Contract without liability and to recover, at the election of the City,
any and all monies or other consideration paid hereunder.
I. The City's Right to Stop the Services. If the Contractor fails to correct Services which
are not in accordance with the requirements of the Contract Documents or persistently
fails to carry out Services in accordance with the Contract Documents, the City may
order Contractor to stop the Services, or any portion thereof, until the cause for such
order has been eliminated; however, the right of the City to stop the Services shall not
give rise to a duty on the part of the City to exercise this right for the benefit of
Contractor or any other person or entity. Contractor shall have no right of action or
claim against the City for or on account of orders for Service stoppage if given in good
faith and upon reasonable belief that sufficient grounds exist therefore.
J. The City's Right to Carry Out the Services. If Contractor defaults or neglects to carry out
the Services in accordance with the Contract Documents and fails within seven (7) days
after receipt of written notice from the City to commence and continue correction of
such default or negligence with diligence and promptness, the City may, without
prejudice to other remedies the City may have, correct such deficiencies. In such case,
an appropriate Change Order shall be issued deducting from payments then or
thereafter due Contractor the cost of correcting such deficiencies. If payments then or
thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay
the difference to the City.
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K. Warranty. Contractor warrants to the City that the materials and equipment furnished
under the Contract Documents shall be of good quality as required or permitted by the
Contract Documents, that the Services, including Contractor Equipment and Containers,
will be free from defects not inherent in the quality required or permitted, and the
Services will conform with the requirements of the contract documents. Services,
Contractor Equipment and Containers not conforming to these requirements, including
substitutions not properly approved and authorized, shall be considered defective.
L. Abnormal Weather. The City has a superior Street Department that does an outstanding
job of salting and plowing Carmel City Streets. During winter weather occurrences, road
conditions in the City can often be significantly better than roads in surrounding
communities. Even during times where Hamilton County has declared a weather
emergency for County Roads, most often that travel restriction is not adopted by the City.
For abnormal weather and other conditions, the Contractor is expected to follow these
procedures:
(1) The contractor may not sub residential trash and/or recycling service for any reason
under the Contract without first consulting with and obtaining the permission of the
City’s Director of Utilities. If the Director of Utilities is unable to be reached, then the
Director of Administration shall assume Director of Utilities role for the City.
Contractor takes every precaution possible to avoid any service interruptions due to
serve weather conditions. Contractor will notify the City’s Director of Utilities (or
alternatively, the Chief of Staff) of any necessary Service suspension due to concerns
regarding the safety, security, and well-being of Contractor’s employees due to
weather. Contractor requires that the safety of its employees remain the top priority
when dealing with any abnormal weather conditions.
(2) Contractor shall convey information pertaining specifically to the City and not
information regarding other Municipalities to City residents when they call-in
inquiring service schedules and possible delays.
(3) City service information must be clearly communicated on the Contractor’s website
even if that information differs from Contractor’s entire service area.
(4) City service information must be clearly communicated on the contractor’s voice
messaging system, even if that information differs from the message pertaining to
the rest of the Contractor’s service area.
M. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify and
hold harmless City and its officers, directors, employees, agents and consultants and
Residential Unit owners from and against all claims, costs, losses and damages (including
but not limited to all attorneys' fees and costs) caused by, arising out of or resulting from
the performance of the Services, provided that any such claim, costs, loss or damage: (i)
is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property, including the loss of use resulting therefrom, and (ii) is caused by any
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negligent act or omission of Contractor material supplier, person or organization directly
or indirectly employed by any of them to perform or furnish any of the Services or anyone
for whose acts any of them may be liable.
In any and all claims against the City or any of its agents, officers, directors, or employees
by any employee (or the survivor or personal representative of such employee) of
Contractor, material supplier, person or organization directly or indirectly employed by
any of them to perform or furnish any of the Services, or anyone for whose acts any of
them may be liable, the indemnification obligation under this section shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits
payable by or for Contractor or any such material supplier or other person or organization
under workers' compensation acts, disability benefit acts or other employee benefit acts.
All representations, indemnifications, warranties and guarantees made in, required by or
given in accordance with the Contract Documents, as well as all continuing obligations
indicated in the Contract Documents, will survive final payment, completion and
acceptance of the Services and termination or completion of the Contract.
2. Contract Documents. The Contract Documents consist of this Contract, the Plans and
Specifications identified in Exhibit A hereto, and written modifications issued after execution of
this Contract. The Contract Documents form the Contract for Services and represent the entire
and integrated agreement between the parties hereto and supersede any and all prior
negotiations, representations or agreements, either written or oral. The Contract Documents
shall not be construed to create a contractual relationship of any kind between any persons or
entities other than the City and Contractor.
The Plans are the graphic and pictorial portions of the Contract Documents, wherever located
and whenever issued, showing the location for the Services.
The Specifications are that portion of the Contract Documents, consisting of the written
requirements for materials, equipment, standards and workmanship for the Services, and
performance of related Services including the directions, provisions and requirements pertaining
to performance of the Services.
Contractor shall promptly call to the attention of the City any discrepancy or conflict in the Plans
and Specifications that affect the Services. Any part of the Services shown on the Plans but not
specifically mentioned in the Specifications, or vice versa, shall be considered as part of the
Services as though included in both. In the event of an inconsistency or conflict between the
Plans and Specifications, or within either document not clarified by addendum, the better
quality or greater quantity of Services shall be provided. Likewise, the Services to be undertaken
by Contractor shall include all incidental Services necessary as customarily done for the
completion of the Services and Project even though it may not be specifically described in the
Specifications or Plans.
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Contractor has carefully studied and compared the Contract Documents with each other and
with information furnished by the City and has reported to the City all errors, inconsistencies or
omissions. Contractor shall have no rights against the City for errors, inconsistencies or
omissions in the Contract Documents unless Contractor recognized such error, inconsistency or
omission and reported it prior to the date of this Contract. Contractor shall perform no Services
knowing it involves a recognized error, inconsistency or omission in the Contract Documents.
Contractor warrants and represents to the City that the Plans and Specifications for the Services
are suitable and adapted for said Services and guarantees the sufficiency of said Plans and
Specifications for their intended purpose and agrees that it will perform the Services and
complete the same to the satisfaction of the City.
3. Contract Sum and Payment. The City agrees to pay Contractor monthly for the provision of the
Services to each Residential Unit for the preceding month as prescribed in Contractor's Bid Form
attached hereto as Exhibit B (the "Contract Sum"). Contractor agrees that its payment from the
City is contingent upon only the actual amounts received by the City from each Residential Unit;
thus, the Contractor assumes the risk of nonpayment by the Residents, subject to City's good
faith efforts to collect for the Services and enforce its collection rights against the Residents;
actual receipt of payment from the Resident for Service provided to the Residential Unit shall be
a condition precedent to the City's obligation to make payment to the Contractor. By the fifth
day of the month, the Contractor shall submit a detail Application for Payment to the City for all
Services rendered based on the number of Residential Units receiving Services the proceeding
calendar month and as required by the Contract Documents. The City shall remit payment by
the 5th day of the month thereafter or within thirty (30) days following actually receipt of
Contractor's Application for Payment. All payments shall be based on the total number of
Residential Units and the Residential Unit cost as detailed in the Bid Form submitted by the
Contractor and made a part of this Contract.
The Contract Sum, including authorized adjustments, is the total amount payable by the City to
Contractor for performance of the Services under the Contract Documents. In determining the
Contract Sum, Contractor has taken into account the level of completeness of the Contract
Documents and has exercised its best skill and efforts to make (1) appropriate judgments and
inferences in connection with the requirements of the Contract Documents, and (2) all inquiries
to clarify the Contract Documents as necessary to calculate and establish the Contract Sum. The
Contract Sum may be changed only by written amendment.
A. Alternates/Unit Prices. Contractor has included in the Contract Sum the alternates and
unit prices described in Exhibit B hereto. Items covered by alternates and unit prices shall
be supplied for such amounts and by such persons or entities as the City may direct.
Unless otherwise provided in the Contract Documents: (1) materials and equipment
under an alternate and unit price shall be selected promptly by the City to avoid delay in
the Services; (2) alternates and unit prices shall cover the cost to Contractor of the
Services provided and all required taxes; (3) Contractor's costs for labor, overhead, profit
and other expenses contemplated for stated alternate and unit price amounts are
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included in the Contract Sum; and (4) whenever alternate and unit price Services are more
than or less than alternates and unit prices, the Contract Sum shall be adjusted
accordingly by written amendment executed by both parties hereto. The amount of the
amendment shall reflect the difference between actual costs and the alternate and unit
price sum specified.
B. Applications for Payment. All payments provided herein are subject to funds as
provided by the City and the laws of the State of Indiana. The City shall make payments
within thirty (30) days of actual receipt of Contractor's Application for Payment for labor
and materials for the Services.
Payments will be due on the fifth day of the month for Services provided the preceding
month and will be paid monthly. At least thirty (30) days before the date established for
each progress payment, Contractor shall submit to the City an itemized Application for
Payment for Services completed in accordance with the Contract Documents. Such
Application for Payment shall be supported by such data substantiating Contractor's right
to payment as the City may require.
C. Interest. Unless otherwise expressly provided in the Contract Documents, payments
due to Contractor under the terms of the Contract Documents and unpaid shall bear no
interest and Contractor shall be entitled to no interest, statutory or otherwise.
D. Change in Law Adjustments. Contractor may increase the rates for Services as a result of
increases in costs incurred due to (a) changes in local, state, federal or international rules,
ordinances or regulations; (b) changes in taxes, fees or other governmental charges (other
than income or real property taxes); (c) uncontrollable prolonged operational changes
(i.e., a major bridge closure); and (d) changes in costs due to a force majeure event. Any
of the foregoing cost adjustments shall be retroactive to the effective date of such
increase or change in cost. Contractor shall provide the City with written notice that
includes a justification for any rate increase under this subsection at least 30 days prior
to the implementation of said rate increase.
4. Term. Contractor shall commence the Services promptly upon receipt of written notice from the
City to proceed and Contractor shall provide Services until December 31, 2030, subject to adjustments
authorized by the City. The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined. Time limits stated in the Contract Documents are of the essence of this
Contract. Contractor shall not knowingly, except by agreement or instruction of the City in writing,
prematurely commence operations on the site or elsewhere prior to the effective date of insurance
required by paragraph 7 to be furnished by Contractor.
A. Commencement. It is not incumbent upon the City to notify Contractor when to begin
(other than the notice to proceed), cease or resume the Services, to give early notice of
the rejection of faulty Services, nor in any way to superintend so as to relieve Contractor
of responsibility or of any consequence of neglect or carelessness by Contractor or its
subordinates.
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.
B. Delay. Should provision of the Services be delayed by any fault or neglect or act or
failure to act of Contractor or any of its officers, agents, servants or employees so as to
cause any additional cost, expense, liability or damage to the City, or any damages or
additional costs or expenses for which the City may or shall become liable, Contractor
shall and does hereby agree to compensate the City for and indemnify them against all
such costs, expenses, damages and liability.
C. Excusable Delay. If contractor is delayed, suspended, accelerated, interfered with, or
otherwise hindered (collectively referred to as “hindrance” or “hindrances”) at any time
in the progress, performance or completion of any portion or portions of the whole of the
Services contemplated by the Contract Documents as a result of flood, cyclone, hurricane,
tornado, earthquake or other similar catastrophe, or as the result of acts of God, the
public enemy, acts of the Government or fires, epidemics, quarantine restrictions, strikes
or labor disputes, freight embargoes or unusual delay in transportation, unavoidable
casualties, or abnormal weather or on account of any acts or omissions of the City or
others engaged by it (except as herein provided), or by their employees, agents or
representatives or by changes ordered in the Services, or by any other causes which
Contractor could not reasonably control or circumvent, and which are not otherwise
assumed by Contractor pursuant to the provisions of the Contract Documents, then the
Contract Time for completion of the portion or portions of the Services directly affected
by such hindrance shall, upon timely written request of Contractor, be extended by a
period equivalent to the time lost by reason of the aforesaid causes by Change Order
approved and signed by the City.
All claims for an extension of the Contract Time shall be based on written notice delivered
to the City within twenty-four (24) hours of the commencement of the event or
occurrence giving rise to the claim. Such notice must set forth (a) the cause of the
hindrance, (b) a description of the portion or portions of the Services affected thereby,
and (c) all details pertinent thereto, including supporting data and the specific number of
days requested. It is a condition precedent to the consideration or validity of all claims
for an extension of the Contract Time that such claims be made in writing and delivered
in strict accordance with all applicable time limits provided above. Otherwise, such claims
shall be waived, invalid and unenforceable as against the City.
D. Renewal. Pursuant to Indiana Code § 5-22-17-4 and upon written amendment executed
by both parties hereto, this Contract may be renewed under the same terms and
conditions stated herein for a term not longer than the length of the original Contract.
The Contract Sum shall increase at a rate of 4% per annum over the term of the renewal
Contract. The Contract Sum increase of 4% for the renewal term shall be based on the
Contract Sum for the final year of the expiring Contract.
5. Changes in the Services. A Change in the Services to a non-selected bid alternate may be
accomplished after execution of this Contract only by written amendment executed by both parties
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hereto. Changes in the Services shall be performed under applicable provisions of the Contract
Documents, and Contractor shall proceed promptly.
6. Safety. Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Services.
7. Insurance and Bonds.
A. Performance, Payment and Other Bonds.
(1) Contractor shall furnish a Performance Bond in an amount equal to one
hundred percent (100%) and a Payment Bond in an amount equal to twenty five
percent (25%) of the Contract Price as security for the faithful performance and
payment of all Contractor's obligations under the Contract Documents in a form
substantially similar to Exhibits C and D. These Bonds shall remain in effect at
least until one (1) year after the final payment and settlement with the
Contractor and as provided otherwise by law. All Bonds shall be in the form
prescribed by the Contract Documents except as provided otherwise by law,
and shall be executed by such sureties as are named in the current list of
"Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff, Bureau of Government Financial Operations, U.S.
Treasury Department. All Bonds signed by an agent must be accompanied by a
certified copy of such agent's authority to act. If the surety on any Bond
furnished by Contractor is declared a bankrupt or becomes insolvent or its right
to do business is terminated in Indiana, or it ceases to meet the requirements of
this paragraph, Contractor shall within ten (10) days substitute another Bond
and surety, both of which must be acceptable to City.
B. Licensed Sureties and Insurers
(1) All Bonds and Insurance required by the Contract Documents to be purchased
and maintained by Contractor shall be obtained from a surety or insurance
companies that are duly licensed or authorized in Indiana to issue Bonds or
insurance policies for the limits and coverage so required. The surety and
insurance companies providing any coverage on this Project shall have and
maintain during the term of this Contract a minimum A.M. Best (Best's Key
Rating Guide) rating classification of "A-".
C. Certificates of Insurance
(1) Contractor shall deliver to the City certificates of insurance (and applicable,
blanket-form policy endorsements) which Contractor is required to purchase and
maintain in accordance with paragraph 7(D).
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(2) The Contractor shall provide an ACORD form certificate of insurance for all
coverage required with the City, naming the City as Certificate Holder.
(3) The certificate of insurance shall show that all coverage are provided on an
occurrence basis and shall indicate the aggregate limit if applicable. Binders will
be accepted as evidence of coverage for only the first ninety (90) days and cannot
be renewed or extended beyond that time.
(4) All insurance policies other than Workers’ Compensation and, if applicable,
Umbrella/Excess Liability must include a provision stating a minimum thirty (30)
days' prior written notice will be provided to the City for any cancellation, non-
renewal or material change. The Contractor shall cease operations upon the
occurrence of any such cancellation, non-renewal or material change, and shall
not resume operations until satisfactory replacement insurance is provided,
coverage is effective and certificates of insurance are received.
D. Contractor's Liability Insurance
(1) Contractor shall purchase and maintain such liability and other insurance as is
required for the Services and that will provide protection from claims which may
arise out of or result from Contractor's performance of the Services and other
obligations under the Contract Documents whether it is to be performed by
Contractor, any supplier, or by anyone directly or indirectly employed by any of
them to perform any of the Services, or by anyone for whose acts any of them
may be liable which are applicable to the Services, including:
a) Claims under workers' compensation disability benefits and other
similar employee benefit acts which are applicable to the Services
including private entities performing Services and exempt from the
coverage on account of number of employees or occupation, which
entities shall maintain voluntary compensation coverage at the same
limits specified for the mandatory coverage for the duration of the
Services. In case any such Service is sublet, the Contractor shall require
the subcontractor to provide insurance for all employees of the
subcontractor engaged in such Services unless such employees are
covered by the coverage afforded by the Contractor's insurance. If any
Work under this Contract involves activities within the scope of the
United States Long Shoremen's and Harbor Worker's Act and/or the
Jones Act, coverage for such exposure shall be provided with a
minimum limit of $1,000,000 per occurrence.
b) Claims for damages because of bodily injury, occupational sickness or
disease or death of Contractor's employees, or persons or entities
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excluded by statute from the requirements of 7(D)(1), but required by
the Contract Documents to provide the insurance required therein;
c) Claims for damages because of bodily injury, sickness or disease or
death of any person other than Contractor's employees.
d) Claims for damages insured by customary personal injury liability
coverage which are sustained: (i) by any person as a result of an
offense directly or indirectly related to the employment of such person
by Contractor or (ii) by any other person for any other reason;
e) Claims for damages, other than to the Work itself because of injury to or
destruction of tangible property wherever located, including loss of use
resulting therefrom;
f) Claims for bodily injury or property damage arising out of completed
operations; and
g) Claims involving contractual liability insurance applicable to the
Contractor's obligations under the indemnification requirements of
paragraph 1(L) of the Contract.
(2) Contractor shall purchase and maintain commercial general liability and
commercial automobile liability insurance during the entire term of this
Contract. The policies shall be based on terms commonly referred to in the
insurance industry as an occurrence coverage form (Claims made policy forms
are not acceptable.)
a) The certificate of insurance for commercial general liability insurance
shall indicate the amount of the aggregate limit remaining as of the date
of the certificate.
b) The commercial general liability coverage shall include premises
coverage, products and completed operations coverage, personal injury
coverage, coverage for explosion, collapse, and underground coverage,
broad form property damage and contractual liability coverage to
satisfy the indemnification clause in its entirety included in paragraph
1(L) of the Contract.
(3) The Contractor shall purchase and maintain commercial automobile liability
coverage for any owned or leased vehicles. Non-owned and hired auto liability
coverage shall also be included.
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(4) This policy shall cover the total Services and include explosion, collapse, and
underground coverage for the entire Services provided by the Contractor.
(5) The policy shall stipulate that the "designated Contractor" includes the
Contractor engaged in the Services.
(6) Minimum Limits of Insurance: The minimum limits of liability for all coverage in
each of the proceeding paragraphs above shall be as follows, unless otherwise
specifically required by law, whichever is greater. Coverage shall be maintained
without interruption from the date of commencement of the Services until date
of final payment and termination of any coverage required to be maintained
after final payment.
a) Workers Compensation/Employer's Liability:
Coverage A (Worker's Compensation) - Statutory
Coverage B (Employer's Liability) - $1,000,000/each accident;
$1,000,000 Disease-each employee; $1,000,000 Disease -policy limit.
This coverage to be valid in all states covered for the Services.
b) Commercial General Liability:
General Aggregate (except Products/Completed Operations) -
$2,000,000;
Bodily Injury & Property Damage - $1,000,000 Combined Single
Limit/Per Occurrence;
Personal Advertising $1,000,000/occurrence;
Products/Completed Operations General Aggregate - $2,000,000;
Coverage to include exposures listed in 7(D)(2)(b);
Coverage includes Contractual Liability and Board Form Property
Damage including Completed Operations;
Coverage to apply on a "Per Project" basis in order that coverage will
not be diminished by unrelated work.
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c) Commercial Automobile liability (Owned, Leased, Hired/Non-Owned):
Bodily Injury & Property Damage - $5,000,000 / occurrence.
(8) All coverage provided above shall be endorsed to include the City and Residential
Unit Owner as Additional Insured via blanket-form endorsement except for A
(Worker's Compensation) and will stipulate that this coverage is primary
respecting any other coverage the City might have. The additional insured
endorsement will include "Completed Operations" of the Contractor. The
coverage requirements apply to all Contractors' and suppliers; Contractor is
responsible to verify these requirements for each and every one of its Suppliers.
a) If a commercial umbrella liability policy is used to satisfy the
minimum limits of liability requirements, the combined limits
must equal these minimum limits of liability.
b) If the aggregate liability limits required by this Contract for any
policy subsequently falls below the aggregate limits required,
immediate steps shall be taken to effect reinstatement of the
minimum aggregate liability limits. A revised certificate of
insurance is required to confirm compliance with this
requirement. Any additional premiums resulting from such
reinstatement shall be at no additional cost to the City.
c) With respect to products and/or completed operations insurance
coverage, will remain in effect for at least three (3) years after final
payment (and Contractor shall furnish the City an ACORD form certificate
of insurance as satisfactory evidence to City and any such other insured
or additional insured of continuation of such insurance at final payment
and three (3) years thereafter).
d) These coverage requirements and minimum coverage limits are
to provide the minimum acceptable insurance coverage and
their existence does not in any way limit or reduce the
Contractor or subcontractor's indemnity obligations under the
Contract Documents.
e) No representation or warranty is made by the City regarding the
sufficiency or adequacy of the insurance requirements, coverage or limits
stated in the Contract Documents. The Contractor is advised to consult
with insurance agents or professional advisors to determine coverage
needs and requirements.
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8. Default and Remedies.
A. City Default. Contractor may terminate this Contract if the Services are stopped for a
period of thirty (30) days through no act or fault of Contractor or its agents or employees or any
other persons performing portions of the Work under Contractor because the City has not made
payment within the stated in the Contract Documents. If the Services are stopped for a period of
ninety (90) days under an order of any court or other public authority having jurisdiction, or as a
result of any act of government such as a declaration of a national emergency making materials
unavailable, through no act or fault of contractor or its agents or employees, or any other persons
performing any of the Services under contract with contractor, then contractor may, upon seven
(7) days' written notice to the City, terminate this Contract and recover from the City payment for
all Services executed to date. Recovery by Contractor of lost anticipated profit and other
consequential damages is hereby specifically excluded.
B. Termination for City's Convenience. This Contract may be terminated by the City in
whole or in part without cause and for its convenience upon seven (7) days' written notice to
Contractor. In the event of such termination for convenience, Contractor shall be compensated
for Services performed up to the date of termination, but the City shall not be liable for any
additional or consequential damages. Such entitlement of Contractor shall constitute Contractor's
sole and exclusive remedy and recovery, and in no event shall Contractor be entitled to recover
anticipated profits and/or overhead on unperformed Services.
C. Contractor Default. Contractor shall be in default of this Contract if (1) Contractor fails
to perform or comply with its obligations under this Contract; (2) the City reasonably believes that
Contractor is not capable of satisfactorily completing the Services; (3) Contractor becomes
insolvent, is unable to meet current obligations, or seeks relief under the Bankruptcy Code
or other similar law or procedure; (4) a receiver is appointed for Contractor or its property; or (5)
Contractor is dissolved or otherwise ceases to exist.
If Contractor is in default, the City may, at its option, proceed as follows: (1) terminate this
Contract; (2) withhold payment of all or any portion of the Contract Sum until (i) the default is
cured and the Services are completed, and (ii) all costs, expenses, and damages, including
supervision and any other damages incurred by the City because of default, have been
determined; and/or (3) exercise any other remedy available at law or in equity. All costs,
expenses, and damages incurred by the City due to a default by Contractor may be deducted from
the Contract Sum. Upon demand, Contractor shall pay the City the amount, if any, by which the
costs, expenses and damages incurred by the City exceed the unpaid balance of the Contract Sum.
Contractor shall pay the City's reasonable attorneys' fees and expenses in connection with any
lawsuit or other proceeding between the City and Contractor relating to the enforcement of this
Contract.
9. Miscellaneous Provisions.
A. Existing Collection Contracts. By executing this Contract, Contractor agrees to
terminate its existing contract(s) for collection Services within the Service limits as
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detailed by this Contract at no cost to the City or the Residential Unit Owner being
serviced. Contractor acknowledges that this Contract is sufficient consideration for
Contractor's agreement to terminate these existing contracts within the Service limits.
In addition, Contractor acknowledges and understands that there may be existing
contracts within the Service limits held by other providers that may have to be phased
out prior to Contractor assuming Service obligations for the entire Service area. As such,
all Residential Units will be phased in as is reasonable without the City or Residential
Unit Owner incurring any additional costs.
B.Governing Law. This Contract shall be governed by the laws of the State of Indiana.
C.Successors and Assigns. The City and Contractor respectively bind themselves, their
successors, assigns and legal representatives to the other party hereto in respect to
covenants, agreements and obligations contained in the Contract Documents. Neither
party to this Contract shall assign this Contract without the written consent of the other,
which consent shall not be unreasonable withheld. If either party attempts to make such
an assignment without such consent, that party shall nevertheless remain legally
responsible for all obligations under this Contract.
D.Notice. Any notice provided for in this Contract 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: John Duffy AND
Utility Director
Carmel Utilities
30 W. Main St, Ste 220
Carmel, Indiana 46032
Corporation Counsel
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Contractor:
ATTENTION:
Notwithstanding the above, notice of termination 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.
E.Rights and Remedies. Duties and obligations imposed by the Contract Documents and
rights and remedies available thereunder shall be in addition to and not a limitation of
duties, obligations, rights and remedies otherwise imposed or available by law. No act
or failure to act by the City or Contractor shall constitute a waiver of a right or duty
afforded them under this Contract, nor shall such action or failure to act constitute
approval of or acquiescence in a thereunder.
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F. Severability. In the event that any provision, term or other portion of the contract, or
any document or item referred to in the contract, shall be found to be invalid or
unenforceable, then such provision, term or other portion shall be reformed in
accordance with applicable law. The invalidity or unenforceability of any provision, term
or other portion of the Contract, or any document item referred to in the contract, shall
not affect the validity or enforceability of any other provision, term or other portion of
the contract, or any document or item referred to in the contract.
G. Waiver. A waiver by either party or any breach of any provision of these specifications
or any contract document shall not be taken or held to be a waiver of any succeeding
breach of such provision or as a waiver of any provision itself. No inspection,
observation, payment or acceptance of compensation for any period subsequent to any
breach shall be deeded a waiver of any right or acceptance of defective performance.
Where the condition to be waived is to material part of the contract such that a waiver
would affect the essential bargains to the parties, the waiver must take the form of a
contract modification as provided for elsewhere in these specifications and contract
documents.
H. Venue. In the event it becomes necessary to litigate any term or condition of the
Contract, the parties shall agree that the County of Hamilton, State of Indiana shall be
proper venue to settle such disputes.
I. Government Compliance. Contractor agrees to comply with all federal, state and local
laws, executive orders, rules, regulations and codes which may be applicable to
Contractor’s performance of its obligations under this Contract, and all relevant
provisions thereof are incorporated herein by this reference. Contractor 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 Contract.
J. 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”),
Contractor 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 G, affirming that it is enrolled and participating in the E-verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Contractor shall
provide the City with documentation indicating that it has enrolled and is participating in
the E-Verify program. Should the Contractor 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 Contract 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.
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K. Iran Certification. Pursuant to I.C. § 5-22-16.5, the Contractor shall certify that, in signing
this document, it does not engage in investment activities within the Country of Iran.
L. Debarment and Suspension. The Contractor certifies by entering into this Agreement
that neither it nor its principals nor any of its subcontractors are presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from
entering into this Agreement by any federal agency or by any department, agency or
political subdivision of the State of Indiana. The term “principal” for purposes of this
Agreement means an officer, director, owner, partner, key employee or other person with
primary management or supervisory responsibilities, or a person who has a critical
influence on or substantive control over the operations of the Contractor.
The Contractor certifies that it has verified the state and federal suspension and
debarment status for all subcontractors receiving funds under this Agreement and shall
be solely responsible for any recoupment, penalties or costs that might arise from use of
a suspended or debarred subcontractor. The Contractor shall immediately notify the City
if any subcontractor becomes debarred or suspended, and shall, at the City’s request,
take all steps required by the City to terminate its contractual relationship with the
subcontractor for work to be performed under this Agreement.
M. Nondiscrimination. Contractor 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.
N. Entire Agreement. This Agreement, together with any exhibits attached hereto or
referenced herein, constitutes the entire agreement between Contractor and City with
respect to the subject matter hereof, and supersedes all prior oral or written
representations and agreements regarding same.
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EXHIBIT A
PLANS AND SPECIFICATIONS
SPECIFICATIONS
A. SCOPE OF SERVICES
Residential Solid Waste, Yard Waste, Recycling Collection and Disposal. The Contractor shall
provide a comprehensive Solid Waste and Yard Waste collection and disposal service consisting
of weekly pick-up of bagged, containerized and/or bundled household Solid Waste and Yard
Waste from all Residential Units (the “Services”), except certain apartment/townhome complexes
that have previously been identified as not being part of the City-Wide Program. Such Services
will also include weekly curbside commingled Recycling from all Residential Units except certain
apartment/townhome complexes that have previously been identified as not being part of the
City-Wide Program within the City's limits as defined herein. The Services are to start on January
1, 2024, and continue for a seven (7) year contract term.
B. AREA TO BE SERVICED
The Services shall be provided to all Residential Units within the City's limits as defined in Exhibit
1 attached hereto.
C. DEFINITIONS
For the purpose of this Contract, the following definitions apply:
1. Alleyside: Alleyside will refer to as close as possible to the alley but not more than five
(5) feet from the alley, and where a fence exists, the alleyside of the fence.
2. Bulky Waste. Such items include, but are not limited to, stoves, washers, dryers,
furniture, and other items with weights or volumes greater than those allowed for by
approved Containers. This term shall also include items that previously contained
refrigerants, such as refrigerators, air conditioners, freezers, and dehumidifiers, as long
as the resident can provide the Contractor with appropriate documentation showing
that the CFC's or HCFC's have been properly removed by a licensed technician.
3. Bundles. Rubbish or Yard Waste security tied together forming an easily handled
package not exceeding four feet (4') in length, eighteen inches (18") in diameter nor
weighing more than forty (40) pounds.
4. Bulky Brush & Landscape Waste: Bulky Brush & Landscape waste is defined as tree and
shrub limbs and trimmings, which are greater than three (3) inches in diameter; tree
trunks; root balls; and similar items. Landscape/brush waste & debris must not exceed
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eight (8) cubic yards. Shrub and tree limbs and branches must be cut into lengths of less
than eight (8) feet.
4. Container(s). One (1) or two (2) ninety-six (96) gallon (+/- five (5) gallons) or at customers'
request sixty five (65) gallon (+/- five (5) gallons) reusable container(s) with wheels used
for storing Solid Waste, Yard Waste and Recycling. Container(s) should provide sufficient
strength to be picked up using mechanical means by Contractor.
5. Construction Debris. Waste including building materials resulting from construction,
remodeling, repair or demolition operations.
6. Curbside. Curbside will refer to that portion of the right of way adjacent to and within
five (5) feet of paved, traveled roadways.
7. Hazardous Materials. Any waste designated as "hazardous" by the United States
Environmental Protection Agency or appropriate state agency as the same is now in
effect or may hereinafter be amended. This term shall also include any
flammable/volatile liquids.
8. Public Street. Any public street or thoroughfare dedicated to public use, controlled by
the City including alleyways and as designated in Exhibit 1.
9. Overage Tags. Separately purchased tags by Resident from the City to place on any excess
Solid Waste or Yard Waste over the normal Container limit. Overage Tags will be
supplied by Contractor to City which will include the additional cost of any additional
Services.
10. Recycling. Recycle waste including Recycling qualified commingled items such as:
1) Aluminum, aluminum foil and foil pans;
2) Steel, empty steel paint cans, tin and bimetal cans;
3) Plastics (#1 through #7), no Styrofoam allowed;
4) Glass containers (amber, clear, blue, and green in color);
5) Corrugated cardboard, paperboard, fiberboard;
6) Newspapers, magazines, phone books and catalogues; and
7) Additional items as designated by the Contractor.
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11. Refuse/Garbage. Putrescible animal or vegetable waste resulting from the handling,
preparation, cooking, serving or consumption of food, and including all paper,
wrappings, boxes and cartons used to contain such food.
12. Resident. The individual currently occupying a Residential Unit.
13. Residential Unit. A room or series of rooms located within a building or mobile home
and forming a single inhabitable unit with facilities, which are used, or are intended to
be used for living, cooking, eating and sleeping.
a. Single-Family Residential Unit - A residential dwelling unit separated from any
other dwelling unit by open space, and designed for occupancy for one person
or family.
b. Multi-Family Residential Unit - A building or related group of buildings not to
exceed four (4) units located on the same lot, tract or parcel of real estate, with
each dwelling unit being completely independent of the other.
c. Townhouse - Any multi-story family residential unit sharing one or more
common walls with another similar residential unit.
14. Rubbish/Trash. Nonputrescrible waste consisting of matter such as cans, glass, papers,
cardboard, plastics, metals, ashes, etc.
15. Solid Waste. All putrescible and nonputrescible matter, including garbage and rubbish,
but excluding hazardous materials and other matter that is specifically excluded
elsewhere in these Specifications.
16. Unacceptable Waste. Unacceptable Waste means: (1) Hazardous Materials; (2)
radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious,
biohazardous, or toxic waste as defined by Applicable Law; or (3) any otherwise regulated
waste.
17. Waste Material. Waste Material is all Solid Waste and Recycling that are not excluded by
this Agreement. Waste Material does not include any Unacceptable Waste.
18 Yard Waste. All compost type materials including grass clippings, brush, and Christmas
trees, etc.
D. DESCRIPTION OF SERVICES
1. Solid Waste Collection Service. Collection of Solid Waste from each qualifying
Residential Unit, one (1) time per week.
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a. Containers. Each pickup shall consist of a maximum of three (3) ninety-six (96)
gallon (+/- five (5) gallon) trash and recycling containers and bundles per
residential unit. One (1) ninety-six (96) gallon (+/- five (5) gallon) trash container
and one (1) ninety-six (96) gallon (+/- five (5) gallon) recycling container will be
standard. A second ninety-six (96) (+/- five (5) gallon) for either trash or recycling
will be furnished upon the Resident’s request at no cost to the City or Resident.
b. Out of Town Residents. Residents who are out of town and will not be using the
Services or water service for minimum periods of one (1) month or more will
not be charged the monthly fee for those months the Resident does not use the
Services or water service. Residents shall request the suspension of Services a
minimum of one (1) week prior to the City's customer serviced office and
specify the length of the Service suspension. City will notify the Contractor
within forty-eight (48) hours of receipt of the need to suspend Services.
c. Christmas Tree. The Contractor will be required to pick up one (1) Christmas
tree per Residential Unit over and above the Container limit as no additional
charge. This Service shall begin on December 26th and end on the Friday closest
to January 15th of each year.
d. Planned Unit Developments (PUD). Collection shall be front street curbside with
the exception of those planned unit developments (PUD) and Old Town Carmel
homes where alley facing garages may necessitate alley pickup.
e. Declined Collections. The Contractor may decline to collect Solid Waste for a
reason specified in the Contract Documents (i.e., not properly bagged, bundled
or contained; improper placement, non-residential Solid Waste; Hazardous
Waste; etc.). Where the Contractor has reason to leave Solid Waste uncollected
at a Residential Unit, the Contractor shall inform the Resident by tagging
uncollected items.
2. Yard Waste Collection Service
a. The pickup limit of brush will be included with the Solid Waste Container
quantities. A Bundle will be considered as one (1) Container within the
Container limit.
1) During the months of April, May and from October 15 to December 15,
each Residential Unit is allowed up to twenty (20) bags per week of leaves
and other Yard Waste in lawn bags or tied Bundles. The bags shall be
furnished by the Residents at their own cost. The bags may be paper or
plastic and can have up to a 40 gallon capacity size rating.
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2) The Contractor is to make every reasonable effort to dispose of easily
identifiable Yard Waste in an environmentally friendly manner (i.e.
composting or chipping Christmas Trees into usable mulch).
b. Collection Schedule. The Contractor shall provide, as applicable to federal
regulation standards, weekly Yard Waste collection and disposal Services, yard
Waste collection should be scheduled on the same day as Sold Waste and
Recycling Collection.
3. Recycling Collection Service
a. Collection of Recycling from each qualifying Residential Unit, once every week or
once every two (2) weeks or depending on the Bid accepted by the City. The
Recycling Collection day shall be the same day as the Solid Waste and Yard
collection day.
b. Gross volume of Recycling materials collected shall be weighed daily on a local
certified scale to be agreed upon by the City and the Contractor.
c. A monthly record of the amount of Recycling materials in tons and pounds shall
be kept by the Contractor. This record shall be submitted to the City on a
monthly basis by the 15th of each following month.
d. Collection shall be curbside with the exception of those planned unit
developments (PUD) and Old Town Carmel homes where alley facing garages
necessitate alley pickup.
e. If market conditions develop that limit or inhibit Contractor from selling some or
all of the Recycling, Contractor may at its option and upon notice to City (i)
redefine Recycling, (ii) suspend or discontinue any or all Services, or (iii) dispose
of the Waste Material in a landfill and update the pricing to City accordingly. Any
such actions, if taken, may be reversed or further changed as market conditions
dictate.
4. Special Needs Services.
For those Residents with special needs who are physically unable to wheel their
Container to the curb, the Contractor is to provide a special service where it will go to
the garage or other visible location and wheel the Container down and return it for the
Residents. Residents are to contact the Contractor directly to register for such service.
5. Special Services.
The City has some Residents that would prefer not to us a Container, and would prefer
to be able to place a single bag at the curb for pick-up. The number of Residents that
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would prefer this Service is estimated to be one thousand (1,000). Contractor is
requested to provide a written statement on a separate sheet of paper with its Bid
stating whether it is able to provide this Service and if so, whether or not it would result
in an increase / decrease in charge for each Residential Unit. If there would be an
increase / decrease in the costs per Residential Unit charge, how much would be
charged for each Residential Unit in the way of an increase / decrease spread across ALL
Residential Units. Also, please state any limitations in terms of bag weight and type of
bag that Residents can use.
E. CONTRACTOR SERVICE RESPONSIBILITIES AND REQUIREMENTS
1. Solid Waste, Yard Waste and Recycling Services. The Contractor shall provide Service for
weekly collection and disposal of Solid Waste, yard Waste and Recycling from all
residential units, except certain apartment/townhome complexes that have previously
been identified as not being part of the City-Wide Program.
a. The Contractor shall supply all Containers required to each Resident Unit for the
Services. Containers shall be delivered by Contractor to additional Residential
Units as they become eligible for Services.
1) Cost for Containers shall not be paid for directly, but included as part of
the total cost of the Services per Residential Unit.
2) Any replacement Container(s) in excess of one (2) per year to the same
Resident for the same Residential Unit may be billed by the City at the
Contractor's cost, plus delivery fee to the Resident and Residential Unit.
b. If Residents so desire, they may purchase Overage Tags from the City to place
any excess Solid Waste or Yard Waste over their normal Container limit. The City
shall be responsible for collection of payment from the participating Residents.
1) The Contractor shall supply Overage Tags to the City for an agreed upon
price which will include the additional cost of collection.
c. The Contractor shall supply to City Residents any and all information relating to
additional Service options that may be offered to them not covered or
mentioned in these Specifications relating to Solid Waste, Yard Waste and
Recycling collection.
d. All collections shall be made on City owned streets or alleys where available. No
collections shall be made on private property including streets or alleys unless a
right of entry agreement is made between the Contractor and the property
owner and is approved by the City. All collections shall be made within five (5)
feet of the curb or edge of the street or alley.
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e. The Contractor is prohibited from comingling Solid Waste, Yard Waste or
Recycling collected from ineligible residential units, commercial or other
business establishments or from areas outside the corporate City limits while
providing the Services.
f. Within the Container limit, the Contractor is required to pick-up all Solid Waste,
Yard Waste and Recyclables placed in approved reusable and non-reusable
Containers and additional items, which are properly placed in Bundles.
However, as appropriate, a single item need not be bagged, contained or placed
in Bundles to qualify for the Services.
g. Bulky Waste. The Contractor shall provide Services for collection and disposal of
Bulky Waste from all Residential Units, except certain apartment/townhome
complexes that have previously been identified as not being part of the City-Wide
Program on an on-call basis. A forty-eight (48) hours advanced notice must be
given to the Contractor prior to pick-up.
1) The Contractor shall not be required to pick-up more than one (1) of such
item from each Residential Unit each week. Requested pickup of Bulky
Items may occur on designated day(s) by Contractor’s designation.
2) The Contractor shall not be required to pick-up Bulky Wastes that
contain or previously contained refrigerants unless the Resident can
provide the Contractor with appropriate written verification showing
that the CFC’s or HCFC's have been properly removed by a licensed
technician.
3) Contractor will be required to submit a fee schedule to the City for
pickup of all Bulky Waste. The cost will be the responsibility of the
Resident and will be billed by the Contractor.
2. Solid Waste, Yard Waste and Recycling does NOT require pick-up of:
a. Solid Waste exceeding the contracted limit per week excluding bags with
Overage Tags,
b. Solid Waste not properly contained or placed in Bundles,
c. Solid Waste not appropriately placed for collection,
d. Hazardous Materials,
e. Medical Waste of any type including but not limited to medical sharps,
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f. Dead animals,
g. Liquids, including, but not limited to paint, sludge, oil or other chemicals,
h. Bulky Waste containing refrigerants in which the Resident cannot provide the
Contractor with appropriate documentation showing that the CFC’s or HCFC's
have been properly removed by a licensed technician,
i. Solid Waste, Yard Waste or Recycling that are generated from a different
location than the Residential Unit,
j. Any Solid Waste and Yard Waste that is specifically excluded by federal, state or
local laws from being disposed of in a landfill if that is the type of disposal
facility being utilized,
k. Tree limbs or branches exceeding four feet (4') in length or four inches (4") in
diameter. Bundles not properly secured or exceeding maximum dimensions,
l. Construction Debris, and
m. Bulky Waste when forty-eight (48) hour prior notice is not given.
3. Contractor's Collection Routes. The City shall be divided into sectors for the purpose of
provision of the Services. Each sector shall be scheduled to receive all Services on the
same day. Contractor shall submit its proposed sectors with its Bid for consideration by
City. The City reserves the right to review, comment on and finally approve Contractor's
sectors for the Services.
a. If during the course of the Contract, the Contractor wishes to change the
collection schedule, the Contractor shall bear the cost and responsibility of
informing the Residents of the new collection schedule. Any changes in
schedules and/or routes shall not be made without the prior written approval of
the City. Current routs are shown on exhibit 1.
b. Exceptions may be made only after the City has been notified that the
Contractor has reasonably determined that an exception is necessary to
complete collection of an existing route due to unusual circumstances or upon
the mutual agreement of the City and the Contractor.
c. Recycle Collection should be on the same day as Solid Waste collection. Yard
Waste collection should be on the same day as Solid Waste collection. The
Contractor shall immediately notify the City of any delays or deviations from a
normally scheduled route.
4. Contractor's Collection Schedule
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a. Hours and Days of Collection. The hours and days of Services are to be from 7
a.m. to 5 p.m. Monday through Friday. All Services shall be provided at least
once per week Monday through Friday, year-round to all qualifying Residential
Units within the City's corporate limits. Yard Waste Service shall be provided at
least once per week, Monday through Friday, from approximately March 15
until December 15.
b. Holidays. The holidays listed below may be observed as non-service days by
the Contractor. The suspension of Services on these holidays does not relieve
the Contractor of its obligation to provide Services to each Residential Unit at
least once each week. Whenever these holidays fall on a regularly scheduled
collection day, the collection schedule for that day as well as the rest of the
week may be delayed one day. Under these circumstances only, Saturday
collection is acceptable.
1) New Year's Day,
2) 4th of July,
3) Thanksgiving Day, and
4) Christmas Day.
c. Additional holidays may be granted upon Contractor request and
City approval in writing.
F. CONTRACTOR'S EQUIPMENT
1. Contractor's vehicles shall be licensed in the State of Indiana and shall operate in
compliance with all applicable state, federal and municipal regulations. All vehicles shall
be manufactured and maintained to conform to the American National Standards
Institute's (ANSI) standards.
2. Contractor's vehicles and other equipment shall shall remain Contractor’s property and
shall be kept in proper repair and sanitary condition. The Residents shall be liable for all
loss or damage to such equipment (except for normal wear and tear and for loss or
damage resulting from Contractor’s handling of the equipment). The Residents shall use
the equipment only for its proper and intended purpose and shall not overload (by weight
or volume), move, or alter the equipment. The Residents shall provide safe, unobstructed
access to the equipment on the scheduled collection day. The Contractor may charge an
additional fee for any additional collection service required by the failure to provide
access.
a. Contractor must have vehicles washed a minimum of two (2) times per week.
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b. Each vehicle shall bear as a minimum, the name and website of the Contractor
plainly visible on both cab doors.
d. Each vehicle shall have at least one (1) broom and one (1) shovel to clean Solid
Waste that may be spilled or otherwise scattered during the process of
collection.
e. All vehicles shall be sufficiently secure so as to prevent any littering of Solid
Waste and/or leaking of fluid. No vehicles shall be willfully overloaded.
3. The Contractor will be solely responsible for collecting or cleaning up any litter, fluids
refuse or landscape waste which may leak, spill or blow off a vehicle due to the vehicle
operator's failure to properly monitor the load, to operate the vehicle, or due to failure
of any mechanism.
4. Contractor's Alley Collection Vehicles
a. Where alley collection is required, Contractor shall not operate equipment in
the alleys which causes damage to structures, vehicles or payment in the alleys
and which exerts more than thirty-three (33) pounds per square inch of contact
with the pavement. The following standards are believed to be able to navigate
alleys.
1) A vehicle that has a body capacity of not more than 10 cubic yards;
2) A height of not more than 79 inches;
3) A width of not more than 90 inches; and
4) A length of not more than 188 inches.
b. Any use of larger vehicles may be banned if there are more than two (2)
incidences of property and/or pavement damage. Collection vehicles must be
enclosed and secure so as to prevent any littering. Vehicles other than properly
equipped packer vehicles operating in the alley shall discharge their loads into a
proper packer vehicle not less frequently than every block where alley pickup is
required. Packer vehicles exceeding the gross vehicle weight limit shall use the
streets in the area and receive the loads from the alley vehicles on area streets
rather than in area alleys.
c. Contractor shall provide the gross weight of the alley vehicles when full and the
number of axles and wheels on each vehicle with Contractor's Bid.
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5. Contractor shall not be responsible for any damages to City’s or Residents’ pavement,
curbing or other driving surfaces resulting from Contractor’s providing service, except to
the extent caused by Contractor’s negligence.
G. CONTRACTOR'S EMPLOYEES
1. The Contractor shall provide courteous and neat personnel for its collection crews and
provide courteous and knowledgeable personnel for its customer service offices.
a. The Contractor's collection employees working within the City shall be required
to wear a uniform of some matter clearly showing that the employee is
employed by the Contractor.
b. All of the Contractor's vehicle operators working within the City shall carry a
valid Indiana driver's license for the class of vehicle operated. Such vehicle
operators shall obey all traffic regulations, including weight and speed limits.
c. The Contractor shall prohibit its drivers and crew members from consuming any
alcoholic beverages while working or using a controlled substance that
negatively affects their ability to perform their duties under this Contract.
d. If the City determines that any of the Contractor's employees is unfit or
unsuitable to perform the Services as a result of intoxication, drug use or by
virtue of abusive or obnoxious behavior, then, upon the City's written request,
the Contractor shall remove such employee from Services within the City and
furnish a suitable and competent replacement employee.
H. CONTRACTOR'S DISPOSAL SITE
1. The Contractor shall furnish the City with the name and location of the waste disposal
and/or recycling facility which will receive the Solid Waste, Yard Waste and Recyclables
generated under the Contract. The proposed disposal facility and recycling facility shall
meet all the requirements of the State of Indiana and the jurisdiction in which said
facility is located.
a. The City reserves the right in its sole discretion to approve any change in Solid
Waste and Yard Waste disposal methods or Recycling methods regardless of the
initiating party.
2. Contractor shall furnish the City with copy of a Contract executed by said waste disposal
site or recycling facility agreeing to receive all Solid Waste and Yard Waste and/or
Recycling generated under the Contract for the duration of this Contract. The
requirements of this paragraph may be satisified by Contractor’s provision of a written
acknowledgment from a qualified disposal / recycling center or a contract with a qualified
facility with pricing information redacted.
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3. Choice of disposal site and recycling facility is made by the Contractor who will assume
all fees.
4. The Contractor shall be solely responsible for compliance with all Federal, State, County,
and local laws, ordinances, and regulations, as amended from time to time, governing
the disposal of refuse at said facility.
I. CONTRACTOR SUPPORT OF CITY'S PUBLIC EDUCATION PROGRAM
1. The Contractor shall provide to the City an annual sum of $10,000 to be applied towards
the development, printing and distribution of public education materials including but
not limited to newsletters, brochures, print and radio advertisements and public
displays. Any printed material will include both the Contractor's and City's name and
logo.
a. In addition to the above sum, the Contractor will pay for all printing and mailing
costs for one (1) initial mailing to all Residents explaining the details of the
Services.
J. CONTRACTOR RESIDENT AND CITY SERVICE REQUIREMENTS
1. Contractor's Office. The Contractor shall establish and maintain an office or other facility
to which the public and City personnel may call or send inquiries or complaints and from
which the general public and City personnel may receive instructions. Such office or
facility shall be equipped with adequate telephone communications, local or toll free
phone numbers for Residents to call in missed pickups or complaints.
2. Contractor's Staffing. Contractor's office shall have at least one (1) responsible person
in charge and present during all collections hours, including Saturday following an
observed holiday.
a. The Contractor shall provide the City with at least one (1) separate telephone
number which may be used by City personnel to communicate with the
Contractor after regular business hours or during an emergency.
K. CONTRACTOR COMPLAINT PROCEDURE
1. The Contractor shall receive, investigate, and respond to all complaints of unsatisfactory
Service within twenty-four (24) hours after the complaint is received. Any complaint
initially received by the City will be directed to the Contractor's office.
a. Any item filed as a complaint, not properly tagged or reported to the City the
day of schedule pick up, shall be the responsibility of the Contractor to correct.
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b. In the event a complaint is not resolved within twenty-four (24) hours, and
where no fault can be found on the Resident's part as determined by the City,
the City shall have the right to demand an explanation and/or resolution to its
satisfaction, which may include a special collection of the Solid Waste, Yard
Waste or Recycling.
1) Where the collection from a household is inadvertently missed on a day
preceding a Holiday or weekend, the complaint shall be resolved and
Service shall be provided on the next service day.
c. In the event the Contractor disputes a determination made by the City
concerning the lack of fault of the Resident, the Contractor may appeal such
determination to the City by notifying the City within twenty-four (24) hours
after the complaint is received or the Contractor fails to resolve a complaint
within twenty-four (24) hours after such determination is made. Such
notification may initially be made by telephone, but must then be followed-up
in writing.
d. In the event the Contractor unreasonably fails to resolve a complaint within
twenty-four (24) hours after the complaint is received or the Contractor fails to
resolve a complaint within twenty-four (24) hours after the City makes its final
determination, the Contractor shall pay the City the sum of $250.00 for the first
complaint, and if not resolved within additional forty-eight (48) hours period,
$500.00 for the second and subsequent complaints until the complaint is
resolved.
e. The Contractor shall pay to the City reimbursement for all costs incurred
pertaining to correcting a complaint due to negligence on the part of the
Contractor, including administrative and attorney’s fees.
f. The Contractor shall maintain a daily log of complaints received in a format
approved by the City. A copy of these complaints and their resolution shall be
provided to the City at the end of each month with the invoice for Services.
L. CONTRACTOR PROVISION OF CONTAINERS
1. Contractor shall provide one (1) or two (2) ninety (96) gallon (+/- five (5) gallons) or one
(1) sixty five (65)) gallon (+/- five (5) gallons) (optional) wheeled Containers (rotational
molded only) for trash collection to each Residential Unit. The Contractor is also to
provide one (1) ninety-six (96) gallon (+/- five (5) gallons) or sixty-five (65) gallon (+/- five
(5) gallons) wheeled Container for Recycling to each Residential Unit.
a. The Containers must conform to ANSI standards and must be approved by the
City or its designee. The Containers must be a City approved color and will have
the name of the Contractor displayed on the side. The Contractor needs to be
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prepared to offer a smaller sixty-five (65)) gallon (+/- five (5) gallons) wheeled
Container (rotational molded only) for both Solid Waste and Recycling upon
individual request. Contractor shall provide the Container company and
Container specification with its Bid.
2. The Contractor will be responsible for providing and delivering Containers to new
Residents, replacing stolen containers, replacing and/or repairing damaged or unusable
Containers at no extra cost but limited to two (2) Containers per year per Residential
Unit.
3. The Contractor shall exercise reasonable care not to damage a reusable Container, and
to replace the same in an upright position on the sidewalk, curbside, driveway, or alley
out of the traveled portion of the right-of-way. Full restitution shall be made for
damages by the Contractor upon proof of negligence of its actions.
a. The Contractor shall handle all Containers with reasonable care to avoid damage
and spills. Where collection crews break or spill any item of waste, the crews
shall immediately clean up the debris.
b. The Contractor shall not be responsible for collecting or cleaning up refuse,
recycling, or landscape litter that has blown, fallen, leaked or been scattered
from bags, cans, bins or other Containers through no fault of the Contractor.
4. The Contractor shall return all empty Containers at each stop to the general location at
which they were found. Empty Containers shall not be placed in the middle of
driveways, in driveway aprons, or near the curb in a manner that will increase the
likelihood that an empty Container will block a sidewalk or fall or roll into the street.
M. CONTRACTOR'S COLLECTION, REPORTING DATA & SUBMISSION OF ENVIRONMENTAL FEATURES
1. The Contractor shall collect and report to the City the following information computed
on a quarterly basis. Such reporting shall be submitted to the City by the month
following the end of the calendar quarter.
a. Number of curbside recycling collection Residential Units setting out materials;
b. Summary of tonnages of all Recyclable collected by material type.
c. Tonnage of trash disposed of (or collected) by moth; and
d. Other statistics that may be required by the State of Indiana.
2. The Contractor shall submit the following summary reports on an annual basis:
a. Summary of participation rates of Recycling;
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b. Collected material amounts of both trash and Recyclables;
c. Summary of successes and problems and measures taken to resolve problems;
and
d. Those reports that may be required by the State of Indiana.
3. The Contractor shall tag and identify any Containers/Container(s) or items exceeding the
contracted limit. A list of violations shall be submitted to the City on a daily basis.
4. The Contractor shall notify the City of any changes before they are made regarding
company policies or personnel that directly affect this Contract.
5. Environmental Features: with its Bid Form submission, Contractor shall supply and/or
detail and outline any environmental features of its processes if applicable. Examples
include use of alternative fueled vehicles or composting/mulching of landscape debris.
N. CITY RESPONSIBILITIES AND REQUIREMENTS
1. The City shall pay the Contractor monthly for Services provided to all Residential Units for
the preceding month. By the fifth (5th) day of the month, the Contractor shall submit a
detailed Application for Payment to the City for all Services rendered based on number of
Residential Units receiving Services the preceding calendar month and as required by the
Contract Documents. The City shall remit payment by the fifth (5th) day of the month
thereafter or within thirty (30) days following actual receipt of the Contractor's
Application for Payment. If any dispute arises, the undisputed amount shall be paid by
the City to Contractor.
a. The total rate per Residential Unit shall be based on the Base Bid and/or
Alternates as provided in Contractor's Bid in the Bid Form included in the
Contract Documents.
b. Contractor agrees that its payment from the City is contingent upon only the
actual amounts received by the City from each Residential Unit for the Services;
thus, the Contractor assumes the risk of nonpayment by the Residents, subject
to City's good faith efforts to collect for those Services and enforce its collection
rights against the Residents including termination of the Services and separate
water services as provided by statute. Actual receipt of payment from the
Resident for Service provided to the Residential Unit shall be a condition
precedent to the City's obligation to make payment to the Contractor.
2. The City shall supply the most current City map possible to the Contractor for route
scheduling purposes.
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3. The City shall provide the Contractor an initial schedule for the Services with designated
daily routes indicated. This schedule shall either be a street/alley list or street/alley map
indicating on which days a given location is to be collected. The map will indicate all
private streets and alleys that are not to be used by the Contractor.
O. RESIDENT RIGHTS, RESPONSIBILITIES AND REQUIREMENTS
1. Location of Containers for Service. Residents shall place Containers close to the curb (or
in those areas without curbs, close to the edge of the payment), to facilitate collection
by the Contractor.
2. Residents are responsible for placing containers, bags and/or Bundles in the appropriate
street or alley location before 7:00 a.m. on the designated collection day.
3. Resident Separate Disposal. Any Residents wanting to dispose of large quantities of
non-containerized refuse, landscape waste, or construction debris shall be allowed to
solicit competitive prices for such Services from refuse collection contractors and select
any contractor.
a. The Resident shall be solely responsible for full payment for all such services. No
such private collection agreement shall effect the terms of these services.
4. Title to Waste. Contractor shall acquire title to Waste Materials when they are loaded
into Contractor’s truck. Title to and liability for any Unacceptable Waste shall remain with
the Residents and shall at no time pass to Contractor.
5. Right of Refusal. If anything listed as an Unacceptable Waste is discovered before it is
collected by Contractor, Contractor may refuse to collect the entire pick-up that contains
those items. In such situations, Contractor shall contact the City and the City shall
promptly undertake appropriate action to ensure that such items are removed and
properly disposed of by the depositor or generator of the items. In the event such items
are present but not discovered until after it has been collected by Contractor, Contractor
may, in its sole discretion, remove, transport, and dispose of such items at a facility
authorized to accept those items, in accordance with applicable law and charge the
depositor or generator for all direct and indirect costs incurred due to the removal,
remediation, handling, transportation, delivery, and disposal of those items. The City shall
provide all reasonable assistance to Contractor to conduct an investigation to determine
the identity of the depositor or generator of those items and to collect the costs incurred
by Contractor in connection with such items. Subject to the City’s providing all such
reasonable assistance to Contractor, Contractor shall release City from any liability for any
such costs incurred by Contractor in connection with excluded items, except to the extent
that the items are determined to be attributed to the City.
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EXHIBIT B
CONTRACT SUM
Qty Size
Pick-up
Schedule
4th Year
Price
5th Year
Price
6th Year
Price
$ 5,375,400.00 + $ 5,617,200.00 + $ 5,870,160.00 + $ 6,134,280.00 + $ 6,409,560.00 + $ 6,696,000.00 +
7th Year
Price
Total
Price
$ 7,001,040.00 = $ 43,103,640.00
2) Residential Unit Monthly - Cost per month,
per Residential Unit
1st Year
Price
2nd Year
Price
3rd Year
Price
4th Year
Price
5th Year
Price
6th Year
Price
$ 14.45 $ 15.10 $ 15.78 $ 16.49 $ 17.23 $ 18.00
7th Year
Price
$ 18.82
Solid/Yard
Container(s)
Recycling
Max 2
1
96 gal
96 gal
Weekly
Weekly
1) Cost per year, per Residential Unit Multiplied
by 31,000 estimated Residential Units
1st Year
Price
2nd Year
Price
3rd Year
Price
*Solid Waste, Yard Waste and Recycling must be picked up on the same day
*Customer May choose 2 recycling containers and 1 trash container
*All bid prices shall include the cost of Containers
*Contractor shall provide 65 gall container(s) upon request
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EXHIBIT C
PERFORMANCE BOND
CONTRACTOR/PRINCIPAL:
SURETY
OWNER: City of Carmel, Indiana, Board of Public Works and Safety
CONTRACT: 2023 City-Wide Solid Waste, Yard Waste, Recycling
Collection and Disposal.
Date:
BOND
Bond Number: _________________
Contract Date: ________________
Penal Sum (100% of Contract Sum):__[Words]__________ ($_______________)
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below,
do each cause this Performance Bond to be duly executed by an authorized officer, agent, or
representative.
"Contractor" "Surety"
Company: _____________________________ Company: ___________________________
Signature: _____________________________ By: _________________________________
Printed: _______________________________ Printed: _____________________________
Title: __________________________________ Countersigned: _______________________
The above addresses are to be used for giving any required notice. Provide execution by any
additional parties, such as joint venturers, if necessary.
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1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns, including interest at the maximum legal rate
from date of demand and any attorneys’ fees and court costs incurred by City to enforce
this instrument for the performance of the Contract, which is incorporated herein by
reference.
2. If the Contractor performs the Contract, whether during the original term, and any
extensions which may be granted by the City, with or without notice to the Surety, and
during any period of guaranty or warranty provided therein, and if Contractor shall
satisfy all claims and demands incurred under such Contract, and shall fully indemnify,
defend and save harmless the City from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the City all outlay and expense,
including attorneys’ fees, which the City may incur in making good any default, then the
Surety and the Contractor shall have no obligation under this Bond; otherwise to remain
in full force and effect.
3. The Surety’s obligation under this Bond shall arise after:
3.1 The City provides notice to the Contractor and the Surety that the City is considering
declaring a Contractor Default. Such notice shall indicate whether the City is requesting a
conference among the City, Contractor and Surety to discuss the Contractor’s performance. If
the City does not request a conference, the Surety may, within seven (7) calendar days after
receipt of the City’s notice, request such a conference. If the Surety timely requests a conference,
the City shall attend. Unless the City agrees otherwise, any conference requested shall be held
within seven (7) calendar days of the Surety’s receipt of the City’s notice. If the City, the
Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform
the Contract, but such an agreement shall not waive the City’s right, if any, subsequently to
declare a Contractor Default;
3.2 The City declares a Contractor Default, terminates the Contract and notifies the Surety;
and
3.3 The City has agreed to pay the Balance of the Contract Price in accordance with the terms
of the Contract to the Surety or to a contractor selected to perform the Contract.
4. Failure on the part of the City to comply with the notice requirement in Section 3.1 shall
not constitute a failure to comply with a condi tion precedent to the Surety’s obligations,
or release the Surety from its obligations.
5. The Surety shall promptly and at the Surety’s expense take one of the following actions:
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5.1 Arrange for the Contractor, with the prior consent of the City, to perform and complete
the Contract;
5.2 Undertake to perform and complete the Contract itself, through its agents or
independent contractors; or
5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the City for
a contract for performance and completion of the Contract, arrange for a contract to be prepared
for execution by the City and a contractor selected with the City’s concurrence, to be secured
with performance and payment bonds executed by a qualified surety equivalent to the bonds
issued on the Contract, and pay to the City the amount of damages, including attorneys’ fees in
excess of the Balance of the Contract Price incurred by the City as a result of the Contractor
Default.
6. If the Surety does not proceed as provided in Section 5 with reasonable promptness, the
Surety shall be deemed to be in default on this Bond seven (7) days after receipt of an
additional written notice from the City to the Surety demanding that the Surety perform
its obligations under this Bond, and the City shall be entitled to enforce any remedy
available to the City.
7. If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the
Surety to the City shall not be greater than those of the Contractor under the Contract,
and the responsibilities of the City to the Surety shall not be greater than those of the
City under the Contract. Subject to the commitment by the City to pay the Balance of
the Contract Price, the Surety is obligated, without duplication, for
7.1 The responsibilities of the Contractor for correction of defective work and
completion of the Contract;
7.2 Additional legal, design professional and delay costs resulting from the
Contractor’s Default, and resulting from the actions or failure to act of the Surety
under Section 5; and
7.3 Liquidated damages, or if no liquidated damages are specified in the Contract,
actual damages caused by delayed performance or non-performance of the
Contractor or any combination of both liquidated and actual damages.
8. The Surety shall not be liable to the City or others for obligations of the Contractor that
are unrelated to the Contract, and the balance of the Contract Price shall not be
reduced or set off on account of any such unrelated obligations. No right of action shall
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accrue on this Bond to any person or entity other than the City or its heirs, executors,
administrators, successors and assigns.
9. The Surety hereby waives notice of any change, including changes of time, to the
Contract or to related subcontracts, purchase orders and other obligations.
10. Any proceeding, legal or equitable, under this Bond may be instituted in any court of
competent jurisdiction in the location in which the services or work are performed or
located and shall be instituted within three (3) years after a declaration of Contractor
Default or within three (3) years after the Contractor ceased working or within three (3)
years after the Surety refuses or fails to perform its obligations under this Bond,
whichever occurs first.
11. When this Bond has been furnished to comply with a statutory or other legal
requirement in the location where the services or work were to be performed, any
provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted and provisions conforming to such statutory or other legal requirement
shall be deemed incorporated herein. When so furnished, the intent is that this Bond
shall be construed as a statutory bond and not as a common law bond.
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EXHIBIT D
PAYMENT BOND
CONTRACTOR / PRINCIPAL: (Name and Address):
SURETY: (Name and Address of Contractor Place of Business):
OWNER: City of Carmel, Indiana, Board of Public Works and Safety
CONTRACT: 2023 City-Wide Solid Waste, Yard Waste, Recycling Collection and Disposal.
Date:
BOND
Bond Number:
Date: (Not earlier than Bid due date):
Penal Sum (25% of Contract Price):________________ $_______________
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below,
do each cause this Payment Bond to be duly executed by an authorized officer, agent, or
representative.
“Contractor”
Company:____________________________
Signature:____________________________
Printed:______________________________
Title:________________________________
“Surety”
Company:____________________________
Signature:____________________________
Printed:______________________________
Title:________________________________
Countersigned:________________________
The above addresses are to be used for giving any required notice. Provide execution by any
additional parties, such as joint venturers, if necessary.
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1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to the City to pay for labor, materials and
equipment furnished for use in the performance of the Contract, which is incorporated
herein by reference, plus interest at the maximum legal rate from date of demand and
any attorneys’ fees and court costs incurred by City to enforce this instrument, subject
to the following terms.
2. If the Contractor shall promptly make payment of all sums due to Claimants, and
defends, indemnifies and holds harmless the City from claims, demands, liens or suits by
any person or entity seeking payment for labor, materials or equipment or insurance
premiums furnished for use in the performance of the Contract, then the Surety and the
Contractor shall have no obligation under this Bond.
3. The Surety’s obligation to the City under this Bond shall arise after the City has notified
the Contractor and the Surety of claims, demands, liens or suits against the City or the
City’s property by any person or entity seeking payment for labor, materials or
equipment furnished for use in the performance of the Contract. The Surety shall
promptly and at the Surety’s expense defend, indemnify and hold harmless the City
against a duly tendered claim, demand, lien or suit.
4. The Surety’s obligations to the Claimant under this Bond shall arise after Claimant has
complied with the requirements under applicable Indiana statute.
5. The City shall not be liable for the payment of any costs or expenses of any Claimant
under this Bond, and shall have under this Bond no obligation to make payments to, or
give notice on behalf of, Claimants or otherwise have any obligations to Claimants under
this Bond, except as specified by Indiana statute.
6. The Surety hereby waives notice of any change, including changes of time, to the
Contract or to related subcontracts, purchase orders and other obligations.
7. No suit or action shall be commenced by a Claimant under this Bond other than in a
court of competent jurisdiction in the location in which the work or services are
performed.
8. When this Bond has been furnished to comply with a statutory or other legal
requirement in the location where the construction was to be performed, any provision
in this Bond conflicting with said statutory or legal requirement shall be deemed deleted
and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this Bond shall be construed
as a statutory bond and not as a common law bond.
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9. Upon request by any person or entity appearing to be a potential beneficiary of this
Bond, the Contractor and City shall promptly furnish a copy of this Bond or shall permit
a copy to be made.
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EXHIBIT E
CONTRACTOR'S AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS
(__) FINAL (__) PARTIAL (__) PAYMENT TO FOLLOW
OWNER: City of Carmel, Indiana Department of PROJECT: City-Wide Residential Solid Waste,
Public Works and Safety Yard Waste, Recycling Collection and Disposal
CONTRATOR: ___________________________ CONTRACT DATE: ______________________
_____________________________________________________being duly sworn states that he or she
is the ________________________________________________ of CONTRACTOR, which was awarded
Contract No. __________________________________________ with the City in accordance with the
contract terms and conditions to install and/or furnish certain materials and labor as follows: weekly pick-
up of bagged, containerized and/or bundled household Solid Waste and Yard Waste from all eligible
Residential Units within the corporate limits of the City. Such program will also include at least bi-weekly
(and, alternatively weekly) curbside commingles Recycling from all eligible Residential Units ("Services"),
DOES HEREBY STATE, WARRANT AND REPRESENT ON BEHALF OF THE CONTRACTOR the following:
PARTIAL WAIVER That the balance due from the City is the sum of ($_________________).
( ) Receipt of which is hereby acknowledged; or
( ) Payment of which has been promised as the sole consideration for this
AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS and which is given to and for said
amount effective upon receipt of such payment.
FINAL WAIVER That the final balance due from the City is the sum of ($ __________________).
( ) Receipt of which is hereby acknowledged; or
( ) Payment of which has been promised as the sole consideration for this AFFIDAVID AND
WAIVER OF LIENS AND CLAIMS which is given to and for said amount effective upon
receipt of such payment.
THEREFORE, through the date hereof, Contractor waives and releases the City of all liens or claims,
including, but not limited to, claims for materials, equipment, labor, superintendence and other Services
or Services performed or furnished by Contractor and further affirms that no other party has any claim or
right to lien on account of any materials, equipment, labor, superintendence and other Services or
Services performed or furnished to or for Contractor. Contractor agrees to indemnify, defend and hold
the City harmless, including costs and attorneys' fees, from and against any and all claims or liens for any
subcontractors, materials, supplies, equipment or labor furnished for, in connection with or incorporated
into the Services by, through or under Contractor through the date hereof. This Affidavit and Waiver of
Liens is given to induce City to pay the amount indicated above. Contractor represents that all employees,
subcontractors or materialmen have been paid or will be paid from these funds.
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That through the date hereof, all Affidavits and Waiver of Liens and Claims are true, correct and
unconditional and that there is no claim either legal or equitable to defeat the validity of said Affidavits
and Waiver of Liens and Claims. That the following are the names of all parties who have furnished
material or labor, or both, for said Services and all parties having contracts or subcontracts for specific
portions of said Services or for material used in the construction thereof and the amount due or to become
due to each, and that the items mentioned include all labor and material required to complete and said
Services according to Project plans and specifications:
1 2 3 4 5 6 7
CONTRACTOR TYPE OF
WORK
AMOUNT
OF
CONTRACT
TOTAL
RETAINED
NET
PREVIOUSLY
PAID
NET
AMOUNT
THIS
PAYMENT
BALANCE
TO BECOME
DUE
TOTAL
AMOUNT OF ORIGINAL CONTRACT _________________ WORK COMPLETED TO DATE _______________
EXTRAS TO CONTRACT _________________ LESS RETAINAGE ________________
TOTAL CONTRACT & EXTRAS _________________ NET AMOUNT EARNED ________________
CREDITS TO CONTRACT _________________ NET PREVIOUSLY PAID ________________
ADJUSTED TOTAL CONTRACT ________________ BALANCE TO BECOME DUE ________________
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This instrument has been executed as of the _____ day of ______________________________ 2023.
CONTRACTOR:
______________________________________
By: ______________________________________
Name: _______________________________________
Title: ______________________________________
STATE OF INDIANA )
) SS:
COUNTY OF _______________ )
Sworn to and subscribed before me the undersigned authority on the ______ day of
______________________, 2023.
My Commission Expires: _______________________________________
Notary Public - Signature
____________________
My County of Residence: _______________________________________
Notary Public - Printed Name
____________________
(SEAL)
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EXHIBIT F
MATERIAL SUPPLIER'S AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS
(__) FINAL (__) PARTIAL (__) PAYMENT TO FOLLOW
OWNER: City of Carmel, Indiana Department of PROJECT: City-Wide Residential Solid Waste,
Public Works and Safety Yard Waste, Recycling Collection and Disposal
MATERIAL SUPPLIER: ___________________________ CONTRACT DATE: ______________________
_____________________________________________________being duly sworn states that he or she
is the ________________________________________________ of MATERIAL SUPPLIER, which was
awarded Contract No. __________________________________________ with the City in accordance
with the Contract terms and conditions to install and/or furnish certain materials and labor as follows:
weekly pick-up of bagged, containerized and/or bundled household Solid Waste and Yard Waste from all
eligible Residential Units, except certain apartment/townhome complexes that have previously been
identified as not being part of the City Wide Program within the corporate limits of the City. Such program
will also include at least bi-weekly (and, alternatively weekly) curbside commingles Recycling from all
eligible Residential Units ("Services"), DOES HEREBY STATE, WARRANT AND REPRESENT ON BEHALF OF
THE CONTRACTOR the following:
PARTIAL WAIVER That the balance due from the City is the sum of ($_________________).
( ) Receipt of which is hereby acknowledged; or
( ) Payment of which has been promised as the sole consideration for this
AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS and which is given to and for said
amount effective upon receipt of such payment.
FINAL WAIVER That the final balance due from the City is the sum of ($ ____________________).
( ) Receipt of which is hereby acknowledged; or
( ) Payment of which has been promised as the sole consideration for this AFFIDAVIT AND
WAIVER OF LIENS AND CLAIMS which is given to and for said amount effective upon
receipt of such payment.
THEREFORE, through the date hereof, Material Supplier waives and releases the City of all liens or claims,
including, but not limited to, claims for materials, equipment, labor, superintendence and other Services
or Services performed or furnished by Material Supplier and further affirms that no other party has any
claim or right to lien on account of any materials, equipment, labor, superintendence and other Services
or Services performed or furnished to or for Contractor. Material Supplier agrees to indemnify, defend
and hold the City harmless, including costs and attorneys' fees, from and against any and all claims or liens
for any subcontractors, materials, supplies, equipment or labor furnished for, in connection with or
incorporated into the Services by, through or under Material Supplier through the date hereof. This
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Affidavit and Waiver of Liens is given to induce City to pay the amount indicated above. Material Supplier
represents that all employees, subcontractors or materialmen have been paid or will be paid from these
funds.
That through the date hereof, all Affidavits and Waiver of Liens and Claims are true, correct and
unconditional and that there is no claim either legal or equitable to defeat the validity of said Affidavits
and Waiver of Liens and Claims. That the following are the names of all parties who have furnished
material or labor, or both, for said Services and all parties having contracts or subcontracts for specific
portions of said Services or for material used in the construction thereof and the amount due or to become
due to each, and that the items mentioned include all labor and material required to complete and said
Services according to Project plans and specifications:
This instrument has been executed as of the _____ day of ______________________________ 2023.
MATERIAL SUPPLIER:
______________________________________
By: ______________________________________
Name: _______________________________________
Title: ______________________________________
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STATE OF INDIANA )
) SS:
COUNTY OF _______________ )
Sworn to and subscribed before me the undersigned authority on the ______ day of
______________________, 2016.
My Commission Expires: _______________________________________
Notary Public - Signature
____________________
My County of Residence: _______________________________________
Notary Public - Printed Name
____________________
(SEAL)
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EXHIBIT G
E-VERIFY AFFIDAVIT
Pursuant to Ind. Code §22-5-1.7-11, the Contractor entering into the Contract with the City of Carmel,
Indiana, Board of Public Works and Safety (“City”) is required to enroll in and verify the work eligibility
status of all its newly hired employees through the E-Verify Program. The Contractor is not required to
verify the work eligibility status of all its newly hired employees through the E-Verify Program if the E-
Verify Program no longer exists.
The undersigned, on behalf of the Contractor, being first duly sworn, deposes and states that the
Contractor does not knowingly employ and unauthorized alien. The undersigned further affirms that,
prior to entering into its Contract with City, the undersigned Contractor will enroll in and agrees to verify
the work eligibility status of all its newly hired employees through the E-Verify Program.
Republic Services of Indiana, L.P.
By (Written Signature)
(Printed Name):
(Title):
Important – Notary Signature and Seal Required in the Space Below
STATE OF _______________
SS:
COUNTY OF _____________
Subscribed and sworn to before me this _____ day of _________________, 20__
My commission expires: ____________________ (Signed):
Residing in ________________ County, State
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