Republic Services of Indiana r r
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CONTRACT BETWEEN
CITY OF CARMEL, INDIANA
BOARD OF PUBLIC WORKS AND SAFETY
AND
"CONTRACTOR"
CITY -WIDE RESIDENTIAL SOLID WASTE, YARD WASTE, RECYCLING
COLLECTION AND DISPOSAL CONTRACT
IN THE CITY OF CARMEL, INDIANA
CITY OF CARMEL
City -Wide Residential Solid Waste, Yard Waste, Recycling Collection and Disposal Contract
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 19th day of October,
2011, by and between the City of Carmel Department 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 Indiana, 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 "Project The City and Contractor agree as set forth below:
1. The Services. It is the intent of the Contract and the City is 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 eligible Residential Units within the corporate limits of
the City. Such program will also include at least bi- weekly curbside commingled
Recycling from all eligible Residential Units. In addition, the services include Solid
Waste and Recycling collection and disposal for designated City Facilities upon request.
Contractor shall provide 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, subcontractors, 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, construction equipment and machinery, 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
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comply with and give 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
Agreement, 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;
3. Contractor possesses a high level of experience and expertise in the
business administration, performance and superintendence of Projects of the
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size, complexity and nature of the Project involving, among other things, 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 he 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;
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 a 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.
The City's Right to Stop the Services. If 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.
K Warranty. Contractor warrants to the City that the materials and
equipment furnished under the Contract Documents shall be of good quality and new
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unless otherwise required or permitted by the Contract Documents, that the Services
will be free from defects not inherent in the quality required or permitted, and that the
Services will conform with the requirements of the Contract Documents. Services not
conforming to these requirements, including substitutions not properly approved and
authorized, shall be considered defective.
L 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 in whole or in part by any negligent act or omission of Contractor, any
subcontractor, 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, regardless of whether or not caused in part by any negligence or
omission of a person or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by law regardless of the negligence of any such person or
entity.
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, any subcontractor, 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
subcontractor, 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 (1) between the City and any subcontractor or (2) 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.
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The Specifications are that portion of the Contract Documents consisting of the
written requirements for materials, equipment, construction systems, 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.
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
Agreement. 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 and City Facilities for the proceeding
month as prescribed in Alternate No. 5 Five (5) year Contract, Additional Items and
Education/Transition Requirements portion of Contractor's Bid Form, a portion of which
is 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 and City Facilities receiving
Services the proceeding calendar month and as required by the Contract Documents.
The City shall remit payment by the 5 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 City Facilities and the
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Residential Unit and City Facilities 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 Change Order.
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 ail required taxes; (3) Contractor's costs for
labor, overhead, profit and other expenses contemplated for stated alternate and unit
price amounts are 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 Change Order. The amount of the Change Order 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 in
the proceeding 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 Contract
Documents completed in accordance with the Services. Such Application
for Payment shall be supported by such data substantiating Contractor's
right to payment as the City may require,
The City reserves the right to inspect the Services and approve the
progress of Services completed to the date of the Application for Payment.
If requested by the City prior to making said payment, Contractor shall
submit to the City an Affidavit and partial Waiver of Lien, and /or partial
waivers from subcontractors in form and content satisfactory to the City,
stipulating that all costs for labor and materials incurred in the previous
month have been paid to subcontractors, laborers and equipment lessors.
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An Application for Payment shall not include requests for payment of
amounts Contractor does not intend to pay to a subcontractor.
C Payment of Subcontractors. The Contractor agrees to assume and
does assume full and exclusive responsibility for the payment of its suppliers in
compliance with Ind. Code 36- 1- 12 -13. The Contract is expressly made an obligation
covered by the Contractor's Payment Bond and Performance Bond obligations. The
obligation of the surety shall not in any way be affected by the bankruptcy, insolvency,
or breach of contract of the Contractor.
The making of an incorrect certification by the Contractor shall be considered a
substantial breach of Contract on the part of the Contractor. Based on a breach of
contract, the City may, in addition to all other remedies, withhold all payments not yet
made and recover all payments previously made less that amount which has actually
been paid to subcontractors by the Contractor. The obligation is hereby created on the
part of the Contractor to return all such payments previously made in such case.
Upon receipt of a progress payment, Contractor shall pay promptly all valid bills
and charges for materials, equipment, labor and other costs in connection with or
arising out of the Services and will hold the City free and harmless from and against all
liens and claims of liens for such materials, equipment, labor and other costs, or any of
them, or any part thereof, and from and against all expenses and liability in connection
therewith including, but not limited to, court costs and attorneys' fees and provide
executed copies of Exhibits E and F. Should any lien or claim of lien be filed of record
against the Project, or should the City receive notice of any claim or of any unpaid bill in
connection with the Services, Contractor shall forthwith either pay or discharge the
same and cause the same to be released of record or shall furnish the City with
appropriate indemnity in form and amount satisfactory to the City.
D Withholding of Payment. If any claim or lien is made or filed with or
against the City, or contract proceeds by any person claiming that Contractor or any
person for whom Contractor is liable has failed to make payment for labor, services,
materials, equipment, taxes or other items or obligations furnished or incurred for or in
connection with the Services, or if at any time there shall be evidence of such non-
payment or of any claim or lien which is chargeable to Contractor, or if Contractor or any
other person for whom Contractor is liable causes damages to the Services, or if
Contractor fails to perform or is otherwise in default under any of the terms or provisions
of the Contract Documents, the City shall have the right to retain from any payment then
due or thereafter to become due an amount which it deems sufficient to (1) satisfy,
discharge and /or defend against such claim or lien or any action which may be brought
or judgment which may be recovered thereon, (2) make good any such non payment,
damage, failure or default, and (3) compensate the City for and indemnify him against
any and all losses, liability, damages, costs, and expenses, including attorneys' fees
and disbursements which may be sustained or incurred in connection therewith. The
City shall have the right to apply and charge against Contractor so much of the amount
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retained as may be required for the foregoing purposes. If the amount retained is
insufficient therefore, Contractor shall be liable for the difference.
If the City withholds any payment, partial or final, from Contractor, the City may,
but shall not be obligated or required to, make direct or joint payment on behalf of
Contractor for any part or all of such sums due and owing to said suppliers, equipment
lessors and /or laborers for their labor, materials or equipment furnished to the Project,
not to exceed the Contract Sum remaining due and owing to Contractor, and charge all
such direct payments against the Contract Sum; provided, however, that nothing
contained in this paragraph shall create any personal liability on the part of the City to
any supplier, equipment lessor or laborer, or any direct contractual relationship between
the City and them.
E Final Payment. When the Contractor completes the Service in
accordance with the Contract Documents and in an acceptable matter as determined by
the City, the Contractor will prepare a final estimate for the Services performed and will
furnish the City with a copy of the final estimate. Final payment shall not become due
until Contractor submits (a) an affidavit that payrolls, bills for materials and equipment,
and other indebtedness connected with the Services for which City might be responsible
or encumbered (less amounts withheld by City) have been paid or otherwise satisfied,
(2) a certificate evidencing that insurance required by the Contract Documents will
remain in force after final payment is currently in effect and will not be canceled or
allowed to expire until at least 30 days' prior written notice has been given to the City,
(3) a written statement that Contractor knows of no substantial reason that the
insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to final payment, and (5) if required by the
City, other data establishing payment or satisfaction of obligations, such as receipts,
releases and waivers of liens, claims, security interests or encumbrances. See Exhibit
E and F.
The City will then certify to the City's duly appointed representative the balance
due the Contractor and the certificate will be deemed evidence of final acceptance of
the completed Contract by the City. The City shall make final payment to the Contractor
within thirty (30) days after final acceptance and completion of the Contract. However,
final payment may not be made on any amount that is in dispute, but final payment may
be made on the part of the Contract Sum or those amounts not in dispute.
Acceptance of final payment by Contractor shall constitute a waiver of claims by
Contractor except those previously made in writing and identified by Contractor as
unsettled at the time of final payment.
F 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.
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4. Date of Commencement and Completion. Contractor shall commence the
Services promptly on January 1, 2012 and Contractor shall provide Services until
December 31, 2016 subject to adjustments authorized by the City "Contract Time
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. By executing this Contract, Contractor confirms that the
Contract Time is reasonable for performing the Services. 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.
B Overtime. The City, if it deems it reasonably necessary, may direct
Contractor to provide overtime, in addition to any overtime required to meet the
progress schedule and, if so directed, Contractor shall provide said overtime. Provided
that Contractor is not in default under any of the terms or provisions of the Contract
Documents, Contractor will be reimbursed for such actual additional wages paid, if any,
at rates which have been approved by City plus taxes imposed by law on such
additional wages, worker's compensation insurance and levies on such additional
wages if required to be paid by Contractor. If, however, the progress of the Services or
of the Project be delayed by any fault or neglect or act or failure to act of Contractor or
any of its officers, agents, servants or employees, then Contractor shall, in addition to all
of the other obligations imposed by this Contract upon Contractor in such cases, and at
its own cost and expense, provide such overtime as may be necessary to make up for
all time lost and to avoid delay in the completion of the Services. If, after written notice
is given, Contractor refuses to provide overtime required to make up lost time or to
avoid delay in the completion of the Services, the City may hire others to perform the
Services and deduct the cost from Contractor's Contract Sum.
C Delay. Should the progress of the Service 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.
D 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
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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 by the City which are not required to correct problems or discrepancies in
Contractor's Services, or by any other causes which Contractor could not reasonably
control or circumvent, and which are not due to any fault, neglect, act or omission on
Contractor's part, and the risks of 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.
E No Damages for Delay. Contractor agrees that, whether or not any
hindrances shall be the basis for an extension of the Contract Time, it shall have no
claim against the City for an increase in the Contract Sum, nor a claim against the City
for a payment or allowance of any kind for damage, loss or expense resulting from
hindrances, except for acts constituting intentional and unjustified or unreasonable
interference, disruption or delay by the City with Contractor's performance of its
Services when such acts continue after Contractor's written notice to the City of such
interference, disruption or delay. The City's exercise of its rights under the Contract
Documents, including but not limited to, its rights regarding changes in the Services,
regardless of the extent or number of such changes, performance of separate work or
carrying out Contractor's Services by the City, directing overtime or changes in the
sequence of the Services, withholding payment or otherwise exercising its rights under
the provisions of this Agreement shall not be construed as intentional or unjustified
interference with Contractor's performance of the Services.
5. Changes in the Services. Changes in the Services may be accomplished after
execution of this Agreement only by Change Order. A Change Order shall be based
upon agreement among the City and Contractor. Changes in the Services shall be
performed under applicable provisions of the Contract Documents, and Contractor shall
proceed promptly.
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A Change Order. A Change Order is a written instrument signed by the
City and Contractor and stating their agreement upon all of the following: (1) a change
in the Work; (2) the amount of the adjustment in the Contract Sum, if any; and (3) the
extent of the adjustment in the Contract Time, if any.
6. Safety. Contractor shall be responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with the performance of the Contract
Documents. Contractor shall take reasonable precautions for the safety of, and shall
provide reasonable protection to prevent damage, injury or Toss to: (1) employees on
the Project and other persons who may be affected thereby; (2) the Services and
materials and equipment to be incorporated therein, whether in storage on or off the
site, under the care, custody or control of Contractor or Contractor's subcontractors; and
(3) other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or
property or their protection from damage, injury or loss. Contractor shall erect and
maintain, as required by existing conditions, reasonable safeguards for safety and
protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations, and notifying owners and users.
7. Insurance and Bonds.
A Performance, Payment and Other Bonds
1) Contractor shall furnish a Performance and a Payment Bond, each in an
amount equal to one hundred percent (100 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
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companies that are duly licensed or authorized in Indiana to issue Bonds or insurance
policies for the limits and coverages so required. The surety and insurance companies
providing any coverages on this Project shall have and maintain during the term of this
Agreement 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 other
evidence of insurance requested by the City) which Contractor is required to purchase
and maintain in accordance with paragraph 7(D).
2) The Contractor shall file policies and /or certificates of insurance for all
coverages required with the City, naming the City as Certificate Holder.
3) The certificate of insurance shall show that all coverages are provided on
an occurrence basis and shall indicate the aggregate limit available as of the date the
certificate is issued. 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 and certificates of insurance must include a
provision stating a minimum thirty (30) days' prior written notice will be provided to the
City for any cancellation, non renewal, material change, or reduction of coverage. The
Contractor shall cease operations upon the occurrence of any such cancellation, non
renewal, material change, or reduction of coverage, 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 subcontractor or 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 Agreement 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.
CITY OF CARMEL
Residential Solid Waste Recycling Collection Contract
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b) Claims for damages because of bodily injury, occupational sickness or
disease or death of Contractor's employees, or persons or entities
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 coverages,
broad form property damage and contractual liability coverage to satisfy
the indemnification clause in its entirety included in paragraph 1(L) of the
Contract.
c) The commercial general liability policy must contain the following definition
of "insured contract
"That part of any other contract or agreement pertaining to your
business (including an indemnification of a municipality in
connection with work performed for a municipality) under which you
assume the tort liability of another party to pay for "bodily injury" or
"property damage" to a third person or organization. Tort liability
means a liability that would be imposed by law in the absence of
any contract or agreement."
d) The certificate of insurance shall include this specific language on the
certificate of insurance confirming this definition of an insured contract or a
CITY OF CARMEL
Residential Solid Waste Recycling Collection Contract
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R
certified copy of the policy is to be submitted which includes this definition
of an insured contract.
3) The Contractor shall purchase and maintain commercial automobile
liability coverages for any owned or leased vehicles. Non -owned and hired auto liability
coverages shall also be included.
4) This policy shall cover the total Services and include explosion, collapse,
and underground coverages for the entire Services provided by the Contractor and
subcontractors.
5) The policy shall stipulate that the "designated Contractor" includes the
Contractor and all sub contractors engaged in the Services.
6) The original policy shall be submitted to and filed with the City or its
designated representative.
7) Minimum Limits of Insurance: The minimum limits of liability for all
coverages in each of the proceeding paragraphs above shall be as follows, unless
otherwise specifically required by law, which ever is greater. Coverages 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 Injury $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 Broad 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.
c) Commercial Automobile Liability (Owned, Leased, Hired /Non Owned):
CITY OF CARMEL
Residential Solid Waste Recycling Collection Contract
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Bodily Injury Property Damage $5,000,000 occurrence.
All coverages provided above shall be endorsed to include the City and Residential Unit
Owner as Additional Insured except for A (Worker's Compensation) and will stipulate
that this coverage is primary respecting any other coverages the City might have. The
additional insured endorsement will include "Completed Operations" of the Contractor
(and any subcontractor). The coverage requirements apply to all Contractor's,
subcontractors, sub subcontractors and suppliers; Contractor is responsible to verify
these requirements for each and every one of its subcontractors, sub subcontractors
and 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 fall 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) Upon specific request by the City, the original policy shall be filed with the
City within thirty (30) days of such request.
d) 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 evidence satisfactory to
City and any such other insured or additional insured of continuation of
such insurance at final payment and three (3) years thereafter).
e) These coverage requirements and minimum coverage limits are to provide
the minimum acceptable insurance coverages and their existence does
not in any way limit or reduce the Contractor or subcontractor's indemnity
obligations under the Contract Documents.
f) No representation or warranty is made by the City regarding the
sufficiency or adequacy of the insurance requirements, coverages or limits
stated in the Contract Documents. The Contractor and subcontractors are
advised to consult with their respective insurance agents or professional
advisors to determine their coverage needs and requirements.
8. Default and Remedies.
A City Default. Contractor may terminate this Agreement if the Services are
stopped for a period of thirty (30) days through no act or fault of Contractor or any
subcontractor or their agents or employees or any other persons performing portions of
the Work under Contractor because the City has not made payment within the time
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
CITY OF CARMEL
Residential Solid Waste Recycling Collection Contract
A -16
materials unavailable, through no act or fault of Contractor or a subcontractor or their
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 Agreement 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 Agreement 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 that portion of the Contract Sum
earned 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 Agreement if (1)
Contractor fails to perform or comply with its obligations under this Agreement; (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 Agreement; (2) take possession of all materials, equipment, tools, and
construction equipment and machinery thereon owned by Contractor; (3) accept
assignment of subcontracts; (4) finish the Services by whatever reasonable method the
City may deem expedient; (5) 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 (6) 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 Agreement.
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 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
CITY OF CARMEL
Residential Solid Waste Recycling Collection Contract
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for Contractor's agreement to terminate these existing contracts within the Service
limits. In addition, Contractor acknowledges and understands that there maybe 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 after
January 1, 2013. 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 Agreement 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 Agreement shall assign this Agreement without the
written consent of the other. If either party attempts to make such an assignment
without such consent, that party shall nevertheless remain legally responsible for all
obligations under this Agreement.
D Written Notice. Written notice shall be deemed to have been duly served
if delivered in person to the individual or to an officer of the corporation for which it was
intended, or if delivered at or sent by registered or certified mail to the last business
address known to the party giving 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 Agreement, nor shall such action or failure to act
constitute approval of or acquiescence in a thereunder.
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 of 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
CITY OF CARMEL
Residential Solid Waste Recycling Collection Contract
A -18
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.
CITY OF CARMEL, INDIANA REPUBLIC SERVICES OF
CV A lf/1 is e Cal Gs h 1p/iv D /t7/Yg
by and through its Board of Public
Works and Safety
By: By
a
es Brainar' Pr- sidi g Officer A orized Signature
r ate: /1 7 J Oh /pi b ez r -R
4( Printed Name
Member
Dat. A I'��
Title
Member FID/TIN:
Date- f i
Date: 1 3
ATTEST:
dr
Diana Cordray, I A r C, Clerk- Treasurer
Date: 70
CITY OF CARMEL
Residential Solid Waste Recycling Collection Contract
A -19
EXHIBIT A
PLANS AND SPECIFICATIONS
1. City of Carmel City Wide Residential Solid Waste, Yard Waste, Recycling
Collection and Disposal Specifications with its separate Exhibits
Exhibit 1 City of Carmel Scope of Service Limits
Exhibit 2 City Facilities for Solid Waste and Recycling Collection
Addendum 1 Dated Friday, October 8, 2011
Addendum 2 Dated Tuesday, October 12, 2011
CITY OF CARMEL
Residential Solid Waste Recycling Collection Contract
A -2
EXHIBIT B
CONTRACTOR'S BID FORM
CITY OF CARMEL
City-Wide Residential Solid Waste, Yard Waste, Recycling Collection and Disposal Contract
(Revised) Carmel -City Wide Residential Solid Waste, Year Waste, Recycling Collection and Disposal Bid Form
Bidder Name: Republic Services of Indiana Telephone: (317) 917 4300 Fax: (317) 917 -7303
Bid Date: October 20, 2010 Address: 832 Langsdale Ave.
Time: 10:00 a.m. City /State/Zip: Indianapolis, IN 46202
Bid Checklist
Bid Bond X Non Collusion Affidavit X
Revised Form 96 X Non Discrimination Affidavit X
Signature Affidavit X
Base Bid
Pick -Up 1st year 2nd year 3rd year Total
Quantity Size Schedule Price Price Price Bid Price
Solid Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 96 gallon Biweekly
Base Bid Calculation Cost per year, per Residential Unit, multiplied by 22,000 estimated Residential Units 2,360,160.00 2,431,440.00 2,505,360.00 7,296,960.00
Residential Unit Monthly Cost per month, per Residential Unit 8.94 9.21 9.49
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall include the cost of Containers Bid Price: Seven million two hundred ninety -six thousand nine hundred sixty dollars and zero cents
Alternate No. 1 (Automated Vehicle Collection)
Pick -Up 1st year 2nd year 3rd year Total
Quantity Size Schedule Price Price Price Bid Price
Solid Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 96 gallon Biweekly
Alternate No.1 Cost per year, per Residential Unit, multiplied by 22,000 estimated Residential Units 2,360,160.00 2,431,440.00 2,505,360.00 7,296,960.00
Residential Unit Monthly Cost per month, per Residential Unit 8.94 9.21 9.49
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall include the cost of Containers Bid Price: Seven million two hundred ninety -six thousand nine hundred sixty dollars and zero cents
Alternate No. 2 (weekly Recycling)
Pick -Up 1st year 2nd year thrd year Total
Quantity Size Schedule Price Price Price Bid Price
Solid Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 96 gallon Weekly
Alternate No.2 Cost per year, per Residential Unit, multiplied by 22,000 estimated Residential Units 2,613,600.00 2,692,800.00 2,774,640.00 8,081,040.00
Residential Unit Monthly Cost per month, per Residential Unit 9.90 10.20 10.51
Solid Waste, Yard Waste and Recycling must be picked up on the same day
"All bid prices shall include the cost of Containers Bid Price: Eight million eighty -one thousand forty dollars and zero cents
Alternate No. 3 (64 Gallon Recycling Container)
Pick -Up 1st year 2nd year 3rd year Total
Quantity Size Schedule Price Price Price Bid Price
Solid Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 64 gallon Weekly
Alternate No.3 Cost per year, per Residential Unit, multiplied by 22,000 estimated Residential Units 2,603,040.00 2,882,240.00 2,761,440.00 8,046,720.00
Residential Unit Monthly Cost per month, per Residential Unit 9.86 10.16 10.46
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall include the cost of Containers Bid Price: Eight million forty -six thousand seven hundred twenty dollars and zero cents
Alternate No. 4 (48 Gallon Recycling Container Residents 65vrs. And Older)
Pick -Up 1st year 2nd year 3rd year Total
Quantity Size Schedule Price Price Price Bid Price
Solid Yard Container(s) Max. 2 48 gallon Weekly
Recycling Container 1 48 gallon Weekly Biweekly
Alternate No.4 Cost per month, per Residential Unit 8.62 8.88 9.14
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall include the cost of Containers
Alternate No. 5 Five (51 Year Contract
Pick -Up 1st year 2nd year 3rd year 4th year 5th year Total
Quantity Size Schedule Price Price Price Price Price Bid Price
Solid Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 96 gallon Biweekly
Alternate No.5 Cost per year, per Residential Unit, 2,262,480.00 2,331,120.00 2,399,760.00 2,471,040.00 2,547,600.00 $12,012,000.00
multiplied by 22,000 estimated Residential Units
Residential Unit Monthly Cost per month, per Residential Unit 8.57 8.83 9.09 9.36 9.65
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall include the cost of Containers Bid Price: Twelve million twelve thousand dollars and zero cents
Alternate No. 6 Five (5) Year Contract with weekly recycling
Pick -Up 1st year 2nd year 3rd year 4th year 5th year Total
Quantity Size Schedule Price Price Price Price Price Bid Price
Solid Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 96 gallon Weekly
Alternate No.6 Cost per year, per Residential Unit, 2,547,600.00 2,624,160.00 2,703,360.00 2,782,560.00 2,867,040.00 $13,524,720.00
multiplied by 22,000 estimated Residential Units
Residential Unit Monthly Cost per month, per Residential Unit 9.65 9.94 10.24 10.54 10.86
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall include the cost of Containers Bid Price: Thirteen million five hundred twenty-four thousand seven hundred twenty dollars and zero cents
Republic Services Alernative Options to include Recycling Rewards Program RecycleBank for Carmel Residents
Alternate No. 7 (Recycling Rewards Program added to Base Bidl
Pick -Up lst year 2nd year 3rd year Total
Quantity Size Schedule Price Price Price Bid Price
Solid Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 96 gallon Biweekly
Alternate No.7 Cost per year, per Residential Unit, multiplied by 22,000 estimated Residential Units 2,616,240.00 2,695,440.00 2,774,640.00 8,086,320.00
Residential Unit Monthly Cost per month, per Residential Unit 9.91 10.21 10.51
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall include the cost of Containers Bid Price: Eight million eighty -six thousand three hundred twenty dollars and zero cents
Alternate No. 8 (Recycling Rewards Program added to Automated Vehicle Collection)
Pick -Up 1st year 2nd year 3rd year Total
Quantity Size Schedule Price Price Price Bid Price
Solid /Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 96 gallon Biweekly
Alternate No.8 Cost per year, per Residential Unit, multiplied by 22,000 estimated Residential Units 2,616,240.00 2.695,440.00 $2,774,640.00 8,086,320.00
Residential Unit Monthly Cost per month, per Residential Unit 9.91 10.21 10.51
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall include the cost of Containers Bid Price: Eiqht million eighty -six thousand three hundred twenty dollars and zero cents
Alternate No. 9 (Recycling Rewards Program added to weekly Recycling)
Pick -Up lst year 2nd year 3rd year Total
Quantity Size Schedule Price Price Price Bid Price
Solid Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 96 gallon Weekly
Alternate No.9 Cost per year, per Residential Unit, multiplied by 22,000 estimated Residential Units 2,869,680.00 2,956,800.00 3,043,920.00 8,870,400.00
Residential Unit Monthly Cost per month, per Residential Unit 10.87 11.20 11.53
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall include the cost of Containers Bid Price: Eight million eight hundred seve9ty thousand four hundred dollars and zero cents
Republic Services Alemative Options to include Recycling Rewards Program RecycleBank for Carmel Residents
Alternate No, 10 (Recycling Rewards Program added to 64 Gallon Recycling Container)
Pick -Up 1st year 2nd year 3rd year Total
Quantity Size Schedule Price Price Price Bid Price
Solid Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 64 gallon Weekly
Alternate No.10 Cost per year, per Residential Unit, multiplied by 22,000 estimated Residential Units $2,859,120.00 2,943,600.00 $3,033,360.00 8,836,080.00
Residential Unit Monthly Cost per month, per Residential Unit 10.83 11.15 11.49
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall include the cost of Containers aid Price: Eight million eight hundred thirty -six thousand eighty dollars and zero cents
Alternate No. 11 (Recycling Rewards Program added to 48 Gallon Recycling Container Residents 65yrs. And Older)
Pick -Up 1st year 2nd year 3rd year Total
Quantity Size Schedule Price Price Price Bid Price
Solid Yard Container(s) Max. 2 48 gallon Weekly
Recycling Container 1 48 gallon Weekly I Biweekly
Alternate No.11 Cost per month, per Residential Unit 9.59 9.88 10.17
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall include the cost of Containers
Alternate No. 12 Five (51 Year Contract with Recycling Rewards Program
Pick -Up 1st year 2nd year 3rd year 4th year 5th year Total
Quantity S Schedule Price Price Price Price Price Bid Price
Solid Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 96 gallon Biweekly
Alternate No.12 Cost per year, per Residential Unit, 2,518,560.00 2,595,120.00 52,671,680.00 2,750,880.00 2,835,360.00 $13,371,600.00
multiplied by 22,000 estimated Residential Units
Residential Unit Monthly Cost per month, per Residential Unit 9.54 9.83 10.12 10.42 10.74
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid pdces shall include the cost of Containers Bid Price: Thirteen million three hundred seventy-one thousand six hundred dollars and zero cents
Alternate No. 13 Five (51 Year Contract with weekly recycling and Recycling Rewards Program
Pick -Up 1st year 2nd year 3rd year 4th year 5th year Total
Quantity Size Schedule Price Price Price Price Price Bid Price
Solid Yard Container(s) Max. 2 96 gallon Weekly
Recycling Container 1 95 gallon Weekly d
Alternate No. 13- Cost per year, per Residential Unit, 92,803,680.00 $2,888,160.00 $2,975,280.00 $3,062,400.00 63,154,800.00 $14,884,320.00
multiplied by 22,000 estimated Residential Units
Residential Unit Monthly Cost per month, per Residential Unit 10.82 10.94 11.27 11.60 11.95
Solid Waste, Yard Waste and Recycling must be picked up on the same day
All bid prices shall Include the cost of Containers Bid Price: Fourteen million eight hundred eighty -four thousand three hundred twenty dollars and zero cents
I have carefully reviewed and understand the Contract Documents. I have also reviewed Addenda No(s) 1 2 and include their provisions in my Bid.
Contractor's Alley Vehicle Specifications
Gross Weight of Alley Vehicles Fully Loaded 10 Tons
Number of Alley Vehicle 2 Axels 4 Wheels 6 Tires
Additional Items
Solid Waste, Yard Waste and Recycling shall be picked up Monday through Friday from 7:00 a.m. to 5:00 p.m.
Please provide additional Holidays when Contractor desires not to provide Service. Memorial Day, Labor Day
Container Company see attached Include Specification as Required by Specification Section L(1)(a)
Cost per additional: 96 gallon Container 5.00 48 gallon 5.00
Bulky Waste item Pick Up upon request Cost per pick up:$ 10.00 per item
Cost per Overage Bag (55 Gallon) 2.50
Education/Transition Requirements
The above costs shall include education materials designed to inform the Residents of the Service program guidelines and
rules. This will include an initial mailing to all Residents prior to starting Service. In addition, please provide a written description
of how you will assist the City in transitioning Residents to their new Service. Examples of materials you have used in other
communities are required to be submitted with your Bid. In addition, Contractor's Bid includes at least $5,000.00 for development
printing and distribution of public education materials as required by the Specifications.
EXHIBIT e
1718005
Please see attached educational discs
6
EXHIBIT C
PERFORMANCE BOND
KNOWN ALL MEN BY THESE PRESENTS, that the undersigned
[Name of Contractor'
[Address of Contractor)
a [Corporation, Partnership or Individual) hereinafter called Principal, and
[Name of Surety
[Address of Surety
hereinafter called SURETY, are held firmly bound unto the City of Carmel, Indiana,
Board of Public Works and Safety, 760 3` Avenue S.W., Suite 110, Carmel, Indiana
46032, in the penal sum of Dollars,
(equal to Contract Price) for the payment of which sum, well and truly
to be made, we bind ourselves, subcontractors and their successors, and assigns,
jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain Contract with the City, dated the day of 20 a copy
of which is hereto attached and made a part hereof for the 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 commingled Recycling from all
eligible Residential Units. In addition, the services include Solid Waste and Recycling
collection and disposal for designated City Facilities.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all
the undertakings, covenants, terms, conditions of the Contract during the original term
thereof, and any extensions thereof which may be granted by the City, with or without
notice to the Surety and during the one year guaranty period, and if it shall satisfy all
claims and demands incurred under such Contract, and shall fully indemnify 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 which the City
may incur in making good any default, then this obligation shall be void; otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and
agrees that a modification, omission or addition to the terms and conditions of the
Contract, a defect in the Contract, or a defect in the proceedings preliminary to the
letting and awarding of the Contract, does not discharge Surety or in any way affect its
obligation on this Performance Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract or to the
Services.
City-Wide Residential Solid Waste, Yard Waste, CITY OF CARMEL
Recycling Collection and Disposal Performance Bond
PROVIDED, FURTHER, that no final settlement between the City and the Principal
shall abridge the right of any other beneficiary hereunder, whose claim may be
unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in (Numbed
counterparts, each one of which shall be deemed an original, this the day of
,20
ATTEST:
(Principal)
By (s)
(Principal Secretary)
(SEAL)
(Witness as to Principal) (Address)
Surety
ATTEST:
(Surety's Secretary)
(SEAL)
By
Witness as to Surety Attorney in Fact
(Address) (Address)
NOTE: Date of the Performance Bond must not be prior to date of the Contract.
If Contractor is Partnership, all partners should execute Performance
Bond.
City-Wide Residential Solid Waste, Yard Waste, CITY OF CARMEL
Recycling Collection and Disposal Performance Bond
EXHIBIT D
PAYMENT BOND
KNOWN ALL MEN BY THESE PRESENTS, that the undersigned
[Name of Contractorl
[Address of Contractor)
a (Corporation, Partnership or Individual) hereinafter called Principal, and
[Name of Surety)
[Address of Suretvl
hereinafter called Surety, are held firmly bound unto the City of Carmel, Indiana, Board
of Public Works and Safety, 760 3rd Avenue S.W., Suite 110, Carmel, Indiana 46032
hereinafter called Owner, in the penal sum of
Dollars,
(equal to Contract Price) for the payment of which sum well and truly to be made, we
bind ourselves, subcontractors and their successors, and assigns, jointly and severally,
firmly by these presents for the payment of all indebtedness to any person for labor or
service performed, material furnished or services rendered. This Payment Bond is for
the benefit of the subcontractors, laborers, material suppliers and those performing
services for the Project.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain Contract with the City, dated the day of 20 a
copy of which is hereto attached and made a part hereof for the 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 commingled Recycling
from all eligible Residential Units. In addition, the services include Solid Waste and
Recycling collection and disposal for designated City Facilities.
NOW, THEREFORE, if the Principal shall promptly make payment to and for the benefit
of all persons, firms, subcontractors and corporations furnishing materials for or
performing labor in the prosecution of the Services for the Project provided for in the
Contract, and any authorized extension or modification thereof, including all amounts
due for materials, lubricants, fuel, power, repairs on machinery, equipment and tools,
consumed or used in connection with the construction of such Services, and all
insurance premiums on said Services, and for all labor, performed in such Services
whereby subcontractor or otherwise, then this obligation shall be void; otherwise to
remain in full force and effect. This Bond shall adhere to the requirements of Ind. Code
36 -1 -12 -13.1.
PROVIDED, FURTHER, that the Surety, for value received hereby stipulates and
agrees that a modification, omission or addition to the terms and conditions of the
Contract, a defect in the Contract, or a defect in the proceedings preliminary to the
letting and awarding of the Contract does not discharge the Surety and shall not affect
its obligation on this Payment Bond, and it does hereby waive notice of any such
City -Wide Residential Solid Waste, Yard Waste, CITY OF CARMEL
Recycling Collection and Disposal Payment Bond
change, extension of time, alteration or addition to the terms of the Contract or to the
Services.
PROVIDED, FURTHER, that the Surety of this Payment Bond will not be released until
one (1) year after the City's final settlement with the Principal.
IN WITNESS WHEREOF, this instrument is executed in [Numbed
counterparts, each one of which shall be deemed an original, this the day of
,20
ATTEST: (Principal)
By (s)
(Principal Secretary)
(SEAL)
(Witness as to Principal) (Address)
Surety
ATTEST:
(Surety's Secretary)
(SEAL)
By
Witness as to Surety Attorney in Fact
(Address) (Address)
NOTE: Date of Payment Bond must not be prior to date of Contract. If Contractor
is Partnership, all partners should execute Payment Bond.
City -Wide Residential Solid Waste, Yard Waste, CITY OF CARMEL
Recycling Collection and Disposal Payment Bond
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, Yard
Public Works and Safety Waste, Recycling Collection and Disposal
CONTRACTOR: 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 fumish 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 commingled Recycling from all eligible Residential Units. In addition, the services include Solid Waste and
Recycling collection and disposal for designated City Facilities "Services for the Project, 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, Contractor waives and releases the City and Project of all liens or claims,
including, but not limited to, claims for materials, equipment, labor, superintendence and other services or Services
performed or fumished 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 for the Project. Contractor agrees to indemnify, defend and hold the City and Project 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 Project by, through or under Contractor
through the date hereof. This Affidavit and Waiver of Liens is given to induce Owner to pay the amount indicated
above. Contractor 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 said Services according to Project plans and specifications:
1 2 3 4 5 6 7
CONTRACTOR TYPE OF AMOUNT OF TOTAL NET NET BALANCE
WORK CONTRACT RETAINED PREVIOUSLY AMOUNT TO
PAID THIS BECOME
PAYMENT 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 NET AMOUNT OF THIS PAYMENT
BALANCE TO BECOME DUE
City -Wide Residential Solid Waste, Yard Waste, CITY OF CARMEL
Recycling Collection and Disposal Contractor's Waiver
This instrument has been executed as of the day of 1■ 0 V Wes' 20 H
CONTRACTOR:
By: 1� �--Q
Name: tftc
Title: 64?
STATE OF INDIANA
COUNTY
O n
OF �Vl
Sworn to and subscribed before me the undersigned authority on this 7 day of
,2011
SAL-A...4
Notary Pu •iA State of
K tai (il �JfCttJer
Printed Game of Notary
SEAL]
My Commission Expires:
City-Wide Residential Solid Waste, Yard Waste, CITY OF CARMEL
Recycling Collection and Disposal Contractor's Waiver
EXHIBIT F
MATERIAL SUPPLIER'S AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS
(J FINAL (J PARTIAL PAYMENT TO FOLLOW
OWNER: City of Carmel, Indiana Department of PROJECT: City -Wide Residential Solid Waste, Yard
Public Works and Safety Waste, Recycling Collection and Disposal
MATERIAL SUPPLIER: CONTRACT DATE:
being duly swom 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 fumish 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 commingled Recycling from all eligible Residential Units. In addition, the services include Solid Waste and
Recycling collection and disposal for designated City Facilities "Services for the Project, DOES HEREBY STATE,
WARRANT AND REPRESENT ON BEHALF OF THE MATERIAL SUPPLIER 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 and Project of all liens or
claims, including, but not limited to, claims for materials, equipment, labor, superintendence and other services or
Services performed or fumished 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 Material Supplier for the Project. Material Supplier agrees to indemnify, defend and hold the City
and Project 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
Project by, through or under Material Supplier through the date hereof. This Affidavit and Waiver of Liens is given to
induce Owner 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 said Services according to Project plans and specifications:
This instrument has been executed as of the day of 20
MATERIAL
SUPPLIER:
By: jc----
nJ�--
Name: JOA,.)
Title: G ,vl
City -Wide Residential Solid Waste, Yard Waste, CITY OF CARMEL
Recycling Collection and Disposal Material Supplier's Waiver
EXHIBIT G
CHANGE ORDER
Change Order No.
Date:
Contract Date:
Name of Project:
Owner:
Contractor:
The following changes are hereby made to the Contract:
Description of Change in Services:
Justification:
Original Contract Price:
Previous Changes to Contract Price:
Current Contract Price adjusted by previous
Change Order(s):
The Contract Price due to this Change
Order will be (increased)(decreased) by:
The new Contract Price including this
Change Order will be:
Change to Contract Time:
The Contract Time will be (increased)(decreased) by calendar days.
The date for completion of all work will be
(Date)
Requested by:
(Owner) (Date)
Recommended by:
(Consulting Engineer) (Date)
Accepted by:
(Contractor) (Date)
Approved by:
(Name and Title) (Date)
One Copy Owner
One Copy Contractor
One Copy Engineer
City-Wide Residential Solid Waste, Yard Waste, CITY OF CARMEL
Recycling Collection and Disposal Change Order Form