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Howard County Solid Waste Management District Board
Bid Specifications
July 14, 2015
SECTION 1
INTRODUCTION
The DISTRICT is seeking proposals from qualified professional service entities to assist in the
development of the herein described project in conformance with the given parameters.
The Howard County Recycling District (hereinafter collectively referred to as “DISTRICT”) will
not be liable for any costs incurred by the respondents in preparing and submitting the bid. This
Bid does not constitute a contract for services performed or to be performed.
The bids shall be on company stationery, signed by an authorized officer of the proposing firm,
and with the RFP submitted in a sealed envelope to:
Mikki K. Jeffers, Director
Howard County Recycling District
4102 Cartwright Drive
Kokomo, IN 46902
(765) 456-2274
Bids must be received at the above address no later than 2:00 p.m., Tuesday, July 14, 2015, to be
considered. Bids received after the scheduled receipt time will not be accepted. Bids will be
marked “LATE” and may be returned.
All bids submitted become the property of the DISTRICT and will not be returned. Faxed or
electronically transmitted proposals will not be considered.
The DISTRICT reserves the right to accept any bid, to reject any or all bids, to waive
irregularities and/or informalities in any bids, and to make the award in any manner deemed in
the best interest of the DISTRICT.
A bid bond or certificate check in the amount of five percent (5%) of the bid amount shall be
required from each bidder as a guarantee that he/she will enter into a contract with the District
within thirty (30) days after he/she has been notified of acceptance of the bid. In the event such
bidder does not enter into a contract with the said District within the period of time herein
specified, said deposits shall be forfeited to the District as certified and liquidated damages.
The Bid Bond of all Bidders will be held in until the Contract is executed. If no bid has been
selected within one-hundred and twenty (120) days of the opening of the bids, securities will be
returned upon demand of any bidder at any time thereafter, provided that he or she has not been
notified of the acceptance of his or her bid.
SECTION 2
GENERAL REQUIREMENTS
Proposals for a contract are being sought to assure the efficient and healthful operation of
24 hour unmanned single stream recyclable collection containers, including the collection and
distribution of Recyclable Materials to appropriate recycling markets to achieve the goals of
I.C.13-19-1-2 to reduce the amount of solid waste being incinerated or deposited in landfills by
citizens of Howard County by fifty percent (50%).
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The contract, if awarded, will be awarded to the most responsible and responsive Bidders
proposal which is in the best interest of the DISTRICT.
The “Specifications for Recycle Drop Off, Recycling Services” set the minimum level of
service, which is acceptable to the DISTRICT in the contract to be let pursuant to this Request for
Proposals.
Bidders are invited to make alternative proposals, which, although they vary from the
“Specification for Recycle Drop Off, Recycling Services”, meet the object of the specifications in
different or creative ways.
Alternative proposals with bids may be attached as addendum but must be clearly labeled
“ALTERNATIVE PROPOSAL”.
A. Proposal Requirements: Each proposal shall contain supporting information regarding the
qualifications of the bidder sufficient to allow the DISTRICT to determine whether the bidder
has the capability to perform the contract and to determine if the bidder is a responsible and
responsive bidder.
1. The proposal shall be signed by an official of the bidder with authority to contract on
behalf of the bidder.
2. The DISTRICT shall have the right to reject any and all bids, including any which are
incomplete, do not have the proper security or which do not include the required
documents. The DISTRICT reserves the right to waive minor defects, irregularities and
informalities in any proposal.
3. Anyone having any doubts regarding the meaning of any part of the specifications or any
other part of the proposed contract documents, or who finds any omissions or
discrepancies in the contract documents, should at once notify the DISTRICT by
contacting Brian Oaks, Howard County Recycling District Attorney, 515 W. Sycamore
Street, Kokomo Indiana 46901; telephone 765-459-3153, and request an interpretation
thereof.
4. All bidders must be required to demonstrate that they have adequate financial resources,
expertise, equipment and experienced personnel necessary to perform the service
required under this contract.
5. All bidders are required to fill out an Indiana Legal Employment Declaration verifying
that their employees are legally eligible to work in the United States.
No contract will be awarded to any bidder who, as determined by the DISTRICT, has
performed or is performing similar services in an unsatisfactory manner with respect to
environmental compliance and stewardship or any other material requirement of this
specification or has inadequate experience, or who lacks the necessary capital, personnel,
organization, and equipment to perform the services required in strict accordance with the
specifications.
6. The bidder shall submit an affidavit that the bidder has not entered into a combination or
Agreement:
(a) Relative to the price to be bid by a person;
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(b) To prevent a person from bidding; or
(c) To induce a person to refrain from bidding; and
(d) That the bidder’s bid is made without reference to any other bid.
7. Each bid must be accompanied by a cashier’s check or acceptable Performance
Bond made payable to the Howard County Recycling District in the amount of
not less than five percent (5%) of the total bid price. Attorneys-In-Fact who sign
Bid Bonds must file with the bond a certified and effective dated copy of their
Power of attorney or;
The Bidder will submit a letter from an authorized agent or officer of the
Company stating that if awarded the contract a Performance Bond will be
forthcoming from a legal bonding company or surety authorized to conduct
business in the State of Indiana prior to the commencement of the contract.
B. SPECIFICATIONS FOR RECYCLE DROP OFF RECYCLING SERVICES/SCOPE
OF
SERVICE (Hereinafter referred to as “SERVICE”) shall include the following:
1. CONTRACTOR shall provide appropriate vehicles (herein after referred to as
“VEHICLES”:) and drivers and/or attendant at the times and locations specified herein,
to collect the following recyclables delivered by the citizens of Howard County:
(a) #1-5 & #7 plastics including plastic bags
(b) Steel food & beverage cans
(c) Glass bottles and jars of all colors:
(d) Newsprint, Catalogs, Magazines, Phone Books, Junk Mail, Office Paper
(e) Cardboard, Chipboard/Paperboard
(Hereinafter referred to as “RECYCLABLES”).
2. CONTRACTOR shall collect the RECYCLABLES at the following locations
(hereinafter collectively referred to as “LOCATIONS”) subject to the provisions set forth
of this request that the DISTRICT may award the contract to a single bidder or to several
bidders based on the best fit for the DISTRICT.
(a) At Marsh Supermarket, 208 Southway Boulevard East, Kokomo, IN, with the
recycling bins located at the north end of the parking. (hereinafter referred to as the
“MARSH”).
(b) At Kokomo Street Department, 720 E. Boulevard St., Kokomo, IN, with recycle
bins located in east parking lot along the south side. (hereinafter referred to as
“STREET DEPT”).
(c) At Kmart, 705 N. Dixon Road, Kokomo, Indiana, with the recycling bins located
at the north end of the parking lot. (hereinafter referred to as “KMART”).
(d) At Sam’s Club, 1917 E. Markland Ave., Kokomo, Indiana, with the bins located in
the east parking lot (hereinafter referred to as the “S LOCATION”).
(e) At Western School, 2600 S. 600 W., Russiaville, Indiana, (hereinafter referred to
as the “WESTERN LOCATION”).
(f) At North Western School, 343 N. 400 W., Kokomo, Indiana, with the recycling
bins located in the west corner of the tennis court parking lot (hereinafter referred
to as the “NORTHWESTERN LOCATION”).
(g) At Greentown Fairgrounds, 610 E. Payton, Greentown, Indiana (hereinafter
referred to as the “GREENTOWN LOCATION”).
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(h) At Indian Heights Fire Department, 5314 Flint Way, Kokomo, Indiana
(hereinafter referred to as the “INDIAN HEIGHTS LOCATION”).
(i) At Kokomo High School, 2501 S. Berkley Road, Kokomo, Indiana with recycling
bins located in the west parking lot near the softball fields (hereinafter referred to
as the “KHS LOCATION”).
(j) At Ivy Tech College, 1942 E. North St, Kokomo, Indiana with recycling bins
located in the west parking lot of the building (hereinafter referred to as the “IVY
TECH LOCATION”).
(k) At Cedar Crest Subdivision, 2021 Cedar Crest Dr, Kokomo, Indiana with
recycling bins located in the north parking lot west of the Village Pantry
(hereinafter referred to as the “CEDAR CREST LOCATION”).
(l) At Russiaville Town Hall, 250 N. Union, Russiaville, Indiana with recycling bins
located in the east parking lot of the building below the water tower (hereinafter
referred to as the “RUSSIAVILLE LOCATION”).
(m) At Indiana University Kokomo, 2300 S. Washington St, Kokomo, Indiana with
recycling bins located in the north parking lot of the main building (hereinafter
referred to as the “IUK LOCATION”).
The exact site of the each LOCATION is subject to change at the DISTRICT’S
discretion
3. The CONTRACTOR shall have an adequate number of vehicles and/or equipment to
collect and/or process recyclable materials in accordance with the terms of this contract
The vehicle shall be licensed in the State of Indiana and operate in compliance with all
applicable federal, state and municipal regulations. The CONTRACTOR is expected to
have available back-up equipment during periods of breakdown, or loss of primary
equipment for any reason. All vehicles and other equipment shall be kept in proper repair
and sanitary condition. Each truck shall have at least one broom and shovel to clean up
the recycling station after materials are collected. All vehicles shall be sufficiently secure
so as to prevent any littering of recyclable materials or disposable waste and/or leakage of
fluid. No vehicle shall be willfully overloaded.
4. The CONTRACTOR shall return the LOCATIONS to their original clean condition prior
to leaving the LOCATIONS. This includes picking up of recyclables and non-recyclables
that may be left next to or around bins due to container overflow or other reasons. The
CONTRACTOR shall deliver the RECYCLABLES to a recycling market as approved by
the DISTRICT and not to a final disposal location such as a landfill. Non-recyclable
material disposal is the choice made by the CONTRACTOR who will assume all fees for
final disposal.
5. The CONTRACTOR nor its staff shall at no time advertise or convey to the public the
collection of any materials not specified in the contract.
6. Consideration will be given to CONTRACTOR(S) who are able to provide rebates to the
DISTRICT based upon volume metric weight.
7. The CONTRACTOR shall provide the DISTRICT monthly reports detailing the tonnage
of RECYCLABLES received at the LOCATIONS described above, with said reports to
be delivered to the DISTRICT by the 10th day following each month.
8. The CONTRACTOR shall provide adequate numbers of recycling containers (unless
DISTRICT owned containers are to be used), as determined by the DISTRICT
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(hereinafter referred to as “CONTAINERS”) based on site usage and collection schedules
for RECYCLABLES listed in Section B.1. RECYCLABLES listed in Section B.1.a-e
(glass, metals, plastics, fiber) The CONTAINERS shall have permanently attached
covers; no open tops or tarped roll-offs. The CONTAINERS shall be maintained,
repaired, and repainted as needed or requested by the DISTRICT. The doors on the
CONTAINERS should open safely and easily. The CONTRACTOR is responsible to
make sure all doors are unlocked before leaving the LOCATION. The bottom of the
door opening should not be so high as to limit accessibility to handicapped, elderly and
those of shorter stature. Each CONTAINER should be clearly marked and labeled to
indicate which RECYCLABLES should be placed in the CONTAINER as well as contact
information for CONTRACTOR.
9. LOCATION(S) will be serviced on a set schedule. However, starting schedules may be
changed upon the request of the DISTRICT to improve service efficiency and/or to
maintain the CONTAINERS in proper order. In addition to the set schedule,
CONTRACTOR will also provide “as-needed” pickup. This “as-needed” service will be
completed within two (2) hours of the request for service from the DISTRICT. The
parties agree that there is no minimum or maximum number of pulls under the terms of
this AGREEMENT. The DISTRICT also reserves the right to change the number of days
a LOCATION is operated and request that day be added onto the schedule at a different
LOCATION. The DISTRICT also reserves the right to change and add locations of bins
due to request from property owners, inactivity, over activity or other causes.
10. The CONTRACTOR should service the LOCATION(S) preferably from 6:00 A.M to
11:00 P.M., Monday through Saturday. Exceptions may be made only under unusual
circumstance when the CONTRACTOR and the DISTRICT have mutually determined
that an exception is necessary. The following holidays will be observed as non-collection
days by the CONTRACTOR: Ney Years’ Day, Thanksgiving and Christmas Day. The
suspension of collection services on any holiday in no way relieves the CONTRACTOR
of their obligation to provide collection service per the established schedule.
11. The DISTRICT shall receive all and respond to all complaints regarding the services
provided under this contract. Any complaints received by the DISTRICT will be
forwarded to the CONTRACTOR’s office. The CONTRACTOR will respond to the
DISTRICT within 48 house with a description of the cause of the complaint and proposed
remedy.
12. The CONTRACTOR is required to provide an adequate number of qualified personnel to
maintain servicing of the drop-off system at all times. The CONTRACTOR shall require
employees to be courteous at all times, to work quietly and not to use loud or profane
language in or around the recycling stations. Employees shall wear shirts and pants at all
times. The CONTRACTOR shall prohibit the drinking of alcoholic beverages or the use
of controlled substances by its employees when on duty or while performing their duties
under this contract. Each employee assigned to drive a vehicle shall, at all times, carry an
appropriate driver’s license for the type of vehicle the employee is driving. The
DISTRICT shall have the right to make a complaint regarding any employee of the
CONTRACTOR who violates any provision hereof or who is wanton, negligent or
discourteous in the performance of the employee’s duties. The DISTRICT may suggest
action to be taken in its complaint but it shall not be binding on the CONTRACTOR.
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The DISTRICT may award the Contract to a single bidder or to several bidders based on
the most responsive, responsible, best interest of the DISTRICT. The DISTRICT may
determine not to let a contract be engaged if none of the submitted proposals are acceptable.
**Each site currently contains 30 yard single stream containers see picture**
Tonnage of Recycling Locations past five years
“EXHIBIT A”
Contractor’s Bid to Provide Recycling Service
“EXHIBIT B”
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SECTION THREE
TERM
CONTRACTOR will bid on a five-year term commencing 08/01/15 to 7/31/20. The
DISTRICT shall have the option to renew upon the same terms and conditions for one additional
year at the DISTRICT’S sole discretion. The time for performance of said SERVICE shall be
considered to be of the essence of this AGREEMENT.
SECTION FOUR
PAYMENTS
Payments of amounts due to CONTRACTOR shall be made within thirty (30) days upon
CONTRACTOR’S furnishing to the DISTRICT an itemized tonnage report, invoice and
satisfactory evidence that all payrolls, material bills and other costs incurred by CONTRACTOR
in connection with the SERVICE under this AGREEMENT have been paid in full.
SECTION FIVE
LIABILITY FOR DAMANGES
DISTRICT, its officers, agents, or employees shall not in any manner be answerable or
responsible for any loss or damage caused by the SERVICE performed; to any materials,
vehicles, equipment or other property that may be employed or placed on or about the
LOCATIONS during the performance of the SERVICE; for any injury done to person or property
or damages or compensation required to be paid under any present or future law; or for any
damage to any property occurring during or resulting from the SERVICE. DISTRICT assumes
no responsibility for collecting indemnities or damages from any person or persons causing injury
as a result of the SERVICE performed by the CONTRACTOR.
CONTRACTOR shall have complete responsibility for the SERVICE and shall bear all
losses resulting to the CONTRACTOR on account of the amount or character of the SERVICE,
or because the nature of the information in or on which the SERVICE is done is different from
what was assumed or expected, or because of any other causes whatsoever.
CONTRACTOR shall protect all property in, on, or adjacent to the LOCATIONS during
the performance of said SERVICE, from damage caused by the nature of the SERVICE, the
action of the elements, acts of others or any other causes whatsoever. Should any damage occur
by reason of any of the foregoing, CONTRACTOR shall repair it at the CONTRACTOR’S own
expense.
At CONTRACTOR’S expense, CONTRACTOR shall take all necessary precautions for
the safety of, and the prevention of injury, loss and damage or death to, persons and property on,
about or adjacent to LOCATIONS where the SERVICE is being performed, and shall comply
with all applicable provisions of safety laws, rules, ordinance, regulations and orders of duly
constituted public authorities.
CONTRACTOR shall be knowledgeable and fully informed of all national and state laws
and all municipal ordinances and regulations in any manner affecting the SERVICE or
performance under this AGREEMENT, and shall at all times observe and comply with such laws,
regulations or ordinances, and shall indemnify the DISTRICT, its officers, agents and employees
against any claim or liability, including attorney’s fees, arising from or based on the violation of
any such laws, regulations, or ordinances.
CONTRACTOR assumes all risk of loss, damage or destruction as to the performance of
said SERVICE, all of its materials, tolls, vehicles and property of every description, and of injury
to or deaths of CONTRACTOR or its employees or agents arising out of or in connection with
the performance of this AGREEMENT, including that which occurs due to the acts or failure to
act of any other third party, other than that which is solely caused by the DISTRICT.
To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the DISTRICT, and any employees of it from and against all claims, damages, losses
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and expenses, including, but not limited to attorney’s fees arising out of or resulting from the
performance of the SERVICE, provided that such claim, damage, loss or expense is caused in
whole or part by the CONTRACTOR, any subcontractor, anyone directly or indirectly employed
by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge or reduce other rights or obligations of
indemnities which would otherwise exist as to a party or person described in this paragraph. The
CONTRACTOR’S indemnity obligations shall survive the completion, cancellation or early
termination of the AGREEMENT.
SECTION SIX
INSPECTION
The DISTRICT may appoint and employ such persons, as it deems necessary to act as
inspectors or agents for the purpose of inspecting, in the interest of the DISTRICT, the SERVICE
performed under this AGREEMENT.
CONTRACTOR shall provide all facilities and assistance required or requested to carry
out the inspection by such inspectors or agents.
Inspection by these authorities or their representatives shall in no manner by presumed to
relieve in any degree the responsibilities or obligations of the CONTRACTOR, or to constitute
CONTRACTOR an agent of the DISTRICT.
If the CONTRACTOR fails to arrive at a LOCATION to provide SERVICE in accordance
with this AGREEMENT, the CONTRACTOR shall not be paid for the missed service and the
sum of $1,000 per occurrence shall be deducted from the contract payments.
If the CONTRACTOR fails to correct the SERVICE which is not in accordance with the
requirements of this AGREEMENT, or fails to carry out the SERVICE in accordance with this
AGREEMENT, the DISTRICT, by a written order, may order the CONTRACTOR to stop the
SERVICE, or any portion thereof, until the cause of such order has been eliminated; however, the
right of the DISTRICT to stop the SERVICE shall not give rise to a duty on the part of the
DISTRICT to exercise this right for the benefit of the CONTRACTOR or any other person or
entity. Failure to exercise this right is not a waiver of any right by the DISTRICT or a release of
the CONTRACTOR from any duty or warranty.
If the CONTRACTOR defaults or neglects to carry out the SERVICE in accordance with
this AGREEMENT and fails within a seven (7) day period after receipt of written notice from the
DISTRICT to commence and continue correction of such default or neglect with diligence and
promptness, the DISTRICT may, after such seven (7) day period, give the CONTRACTOR a
second written notice to correct such deficiencies within a second seven (7) day period. If the
CONTRACTOR within such second seven (7) day period after receipt of such second notice fails
to commence and continue to correct any deficiencies, the DISTRICT may, without prejudice to
other remedies, correct such deficiencies. In such case, the DISTRICT may deduct from the
payments then or thereafter due the CONTRACTOR the cost of correcting such deficiencies,
including compensation for the DISTRICT’S additional services made necessary by such default,
neglect, or failure including attorney fees and costs. If the payments then or thereafter due the
CONTRACTOR are not sufficient to cover such amount, the CONTRACTOR shall pay the
difference to the DISTRICT. DISTRICT reserves all remedies available to it, whether at law or
in equity, in enforcing CONTRACTOR’S obligations under this AGREEMENT.
SECTION SEVEN
ROYALTIES, PATENTS, AND LICENSES
The CONTRACTOR agrees to pay and keep up to date for all royalties, patents and
licenses necessary for performance of the SERVICE under this AGREEMENT, including those
applying to processes, and further agrees to defend all suits or claims for infringement of any
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patent rights, and to save the DISTRICT and its officers, employees and agents harmless from
loss or expenses on account thereof.
SECTION EIGHT
CERTIFICATES AND PERMITS
CONTRACTOR shall secure and keep up to date at CONTRACTOR’S own expense all
necessary certificates and permits from municipal or other public authorities required in
connection with the SERVICE contemplated by this AGREEMENT or any part hereof, and shall
give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and
charges, including reasonable attorney fees, incidental to the due and lawful prosecution of the
SERVICE contemplated by this AGREEMENT, and any extra work performed by the
CONTRACTOR.
SECTION NINE
INSURANCE
CONTRACTOR shall not commence the SERVICE under this AGREEMENT until it has
obtained all certificates of insurance required under this AGREEMENT, and the DISTRICT has
approved said insurance. Should any coverage approach expiration during the contract period, it
shall be renewed prior to its expiration date and certificates again filed with DISTRICT. Failure
to renew and file new certificates with the DISTRICT shall be just cause to withhold any payment
until these requirements are met.
Said insurance certificates are to contain the following statement:
“It is hereby agreed that the DISTRICT will be notified thirty (30) days prior to
cancellation of, expiration of, material alteration of and/or the election not to
renew any insurance policy, which coverage is evidenced by this certificate.”
All insurance shall be maintained in full force and effect until the AGREEMENT has been
fully completed and performed.
The types and amounts of insurance provided for by the CONTRACTOR shall be as
follows:
1. Worker’s Compensation and Occupational Disease Insurance. The CONTRACTOR
2. must provide Worker’s Compensation and Occupational Disease Insurance as required by
law, including Employer’s Liability. Such policy shall specifically include coverage for
the State of Indiana. The liability limit shall be One Hundred Thousand Dollars
($100,000.00).
3. Public Liability. The CONTRACTOR shall maintain a Comprehensive Liability form of
Insurance with personal injury of not less than One Million Dollars ($1,000,000.00) for
any one person in any one occurrence, and Two Million Dollars ($2,000,000.00) for two
or more persons in any one occurrence with property damage liability limits of One
Million Dollars ($1,000,000.00).
4. The policy shall include DISTRICT’S and CONTRACTOR’S Protective Liability on a
“blanket” basis to cover the operations of any subcontractors. The policy shall specifically
include coverage for “hold harmless” clause (Contractual Liability) contained elsewhere in
the AGREEMENT and this shall appear on the certificate. The DISTRICT’S and
CONTRACTOR’S Protective Liability policy shall be written with a limit of One Million
Dollars ($1,000,000.00). The DISTRICT shall be listed as an additional insured. Vehicle
Liability. The CONTRACTOR shall maintain a comprehensive vehicle form of insurance
with personal injury limits of not less than One Million Dollars ($1,000,000.00) for any
one person in any one occurrence and Two Million Dollars ($2,000,000.00) for two or
more persons in any one occurrence. Property damage liability insurance shall be
maintained with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) for
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any one occurrence. This coverage may be provided either as a separate policy or as part
of the comprehensive general liability form of policy described previously. The vehicle
insurance must include coverage for all owned vehicles. Any other vehicles used must
carry an equal amount of coverage as the owned vehicles at the CONTRACTOR’S
expense.
SECTION TEN
SUBCONTRACTORS
CONTRACTOR shall not sublet any part of the SERVICE under this AGREEMENT nor
assign the CONTRACTOR’S interest under this AGREEMENT nor any monies due the
CONTRACTOR hereunder without first obtaining the written consent of the DISTRICT. This
AGREEMENT shall inure to the benefit of and shall be binding on the parties and their successor
and permitted assigns.
Any proposed agreement between the CONTRACTOR and a subcontractor (and where
appropriate between subcontractors and sub-subcontractors) shall include provisions that:
1. Preserve and protect the rights of the DISTRICT herein;
2. Require that such SERVICE be performed in accordance with the requirements of this
AGREEMENT.
3. Require that all claims for additional costs, extensions of time, damages for delays or
otherwise with respect to subcontracted portions of the SERVICE be submitted to the
CONTRACTOR in sufficient time so that the CONTRACTOR may comply in the manner
provided in this AGREEMENT for like claims by the CONTRACTOR upon the
DISTRICT;
4. Obligate each subcontractor specifically to consent to the provisions of this paragraph; and
5. Obligate the subcontractor to waive all rights against the DISTRICT and against those for
whom the DISTRICT is legally liable for losses covered by insurance provided by the
subcontractor to the extent the upper limits of such insurance are adequate to cover such
damages.
The CONTRACTOR shall pay each subcontractor the amount to which the subcontractor
is entitled. In the event it appears to the DISTRICT that labor, material and other invoices
incurred in the performance of CONTRACTOR’S SERVICE are not being currently paid, the
DISTRICT may take such action, as it deems necessary to insure that the money paid with any
payment will be utilized to pay such invoices.
SECTION ELEVEN
TERMINATION
In the event of any default by the CONTRACTOR, the DISTRICT shall have the right to
terminate the AGREEMENT after giving the CONTRACTOR seven (7) calendar days written
notice of such termination. It shall be considered a default by the CONTRACTOR if the
CONTRACTOR shall:
1. Fail to cure any breach of its obligations under the AGREEMENT within seven (7) days
after notice from the DISTRICT stating generally the nature of such breach.
2. Fail to provide qualified and competent supervisors, workers, subcontractors, or proper
materials, or fail to make prompt payment therefore.
The CONTRACTOR shall be terminated, unless the DISTRICT subsequently otherwise
agrees, upon the appointment of a receiver for the CONTRACTOR by reason of the
CONTRACTOR’S insolvency or upon the CONTRACTOR’S making an assignment for the
benefit of creditors or if the CONTRACTOR is adjudged bankrupt. If the CONTRACTOR files a
petition under the bankruptcy code, the AGREEMENT shall terminate if the CONTRACTOR or
Trustee rejects the AGREEMENT or, when not performing in accordance with the approved
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schedule, the CONTRACTOR is unable to give adequate assurance of completing the
AGREEMENT in accordance with the schedule. If the CONTRACTOR is not performing in
accordance with the AGREEMENT at the time of filing such petition, or at any subsequent time,
the DISTRICT may while awaiting the CONTRACTOR or the Trustee to reject the
AGREEMENT or to accept and provide adequate assurance of the CONTRACTOR’S ability to
perform, avail itself of all remedies as are reasonably necessary to maintain the schedule. The
DISTRICT may offset all costs incurred by it in the pursuance of any of the remedies provided in
the preceding sentence together with the DISTRICT’S reasonable overhead and direct job
expenses incurred in pursuing such remedy or remedies including, without limitation, its
attorney’s fees.
The DISTRICT shall have the right to terminate the AGREEMENT upon thirty (30) days
written notice to the CONTRACTOR.
If the AGREEMENT is terminated under this paragraph, the DISTRICT may finish the
SERVICE by whatever methods the DISTRICT may deem expedient. In such case, the
CONTRACTOR shall not be entitled to receive any future payment until the SERVICE is
finished. If the unpaid balance of the contract price exceeds the expense of finishing the
SERVICE, including compensation for additional material and administrative services and
attorney fees and costs, such excess shall be paid to CONTRACTOR. If such expenses exceed
the unpaid balance, CONTRACTOR shall pay the difference to the DISTRICT.
Furthermore, the DISTRICT may at its option terminate this contract in the event that any
of the locations provided for the SERVICE no longer become available.
SECTION TWELVE
DUTIES OF DISTRICT
1.
2.
3.
4.
The DISTRICT agrees to:
Provide access to and make reasonable provisions for the CONTRACTOR to enter upon
the LOCATIONS as required for the CONTRACTOR to perform such SERVICE.
Appoint a representative for the DISTRICT with respect to the SERVICE to be performed
under this AGREEMENT; and such representative shall have authority to transmit
instructions, receive information, and interpret and define the policy of the DISTRICT to
the appointed representative of the CONTRACTOR. The CONTRACTOR shall be
entitled to rely on all representations made by the representative unless otherwise directed
in writing by the DISTRICT.
Sign and file all necessary approvals from regulatory agencies.
Upon notice, promptly inform the CONTRACTOR of any changes or defects in the
SERVICE.
SECTION THIRTEEN
APPROPRIATION
The DISTRICT shall have the right to terminate this AGREEMENT at its sole discretion
if at any time the funds are not appropriated or otherwise available to support continuation of the
Howard County Recycling District Recycle Drop-off Program.
A determination by the DISTRICT that funds are not appropriated or otherwise available
to support continuation of the program shall be final and conclusive.
SECTION FOURTEEN
OWNERSHIP OF DOCUMENTS
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All reports and other work products of the CONTRACTOR for the SERVICE shall be the
property of the DISTRICT. The DISTRICT shall have the right to reuse any of the reports on
extensions of this project or any other project.
1.
2.
3.
4.
SECTION FIFTEEN
ANTIDISCRIMINATION PROVISIONS
The CONTRACTOR agrees:
That in the hiring of employees for the performance of SERVICE under this
AGREEMENT or any subcontract hereunder, neither CONTRACTOR nor any
subcontractor nor any person acting on behalf of either of them shall, by reason of race,
religion, color, sex, national origin or ancestry, discriminate against any citizen of the
State of Indiana who is qualified and available to perform the work to which the
employment relates.
That neither CONTRACTOR nor any subcontractor nor any person acting on behalf of
them shall, in any manner, either discriminate against or intimidate any employees hired
for the performance of SERVICE under this AGREEMENT on account of race, religion,
color, sex, national origin or ancestry.
That there may be deducted from the amount payable to CONTRACTOR under this
AGREEMENT a penalty of five dollars ($5.00) for each person for each calendar day
during which such person was discriminated against or intimidated in violation of the
provisions of this AGREEMENT.
That this AGREEMENT may be cancelled or terminated by the DISTRICT and all money
due or to become due hereunder may be forfeited, for a second or any subsequent violation
of the terms or conditions of this section of the AGREEMENT.
SECTION SIXTEEN
ENTIRE AGREEMENT; AMENDMENT
The written terms and provisions of this AGREEMENT shall supersede all prior verbal
statements of any officer or other representative of the DISTRICT and such statements shall not
be effective or be construed as entering into or forming a part of, or altering in any manner
whatsoever this AGREEMENT. This instrument contains and constitutes the entire agreement of
the parties regarding the subject matter hereof, and there are no other agreements, written or oral,
between the parties affecting the subject matter hereof. No amendment of this AGREEMENT
shall be effective unless the same is made in writing and signed by the parties hereto.
1.
2.
3.
4.
5.
SECTION SEVENTEEN
GOVERNING LAW; CONSTRUCTION
This AGREEMENT shall be interpreted and enforced according to the laws of the State of
Indiana.
All headings of sections of this AGREEMENT are inserted for convenience only, and do
not form part of this AGREEMENT or limit, expand or otherwise alter the meaning of any
provisions hereof.
This AGREEMENT may be executed in any number of counterparts, each of which shall
be deemed to be an original and all of which shall constitute one and the same agreement.
The terms “hereof”, “herein” and “hereunder”, and words of similar import, shall be
construed to refer to this AGREEMENT as a whole, and not to any particular paragraph or
provision, unless expressly so stated.
The word “person” shall mean any natural person, partnership, corporation and any other
form of business or legal entity. All words or terms used in the AGREEMENT, regardless
of the number or gender in which they are used, shall be deemed to include any other
number and any other gender as the context may require.
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6. The provisions of this AGREEMENT are intended to be for the sole benefit of the parties
hereto, and their respective successors and assigns, and none of the provisions of this
AGREEMENT are intended to be, nor shall they be construed to be, for the benefit of any
third party.
7. This AGREEMENT shall be construed without regard to any presumption or rule
requiring construction against the party causing such instrument to be drafted.
SECTION EIGHTEEN
ATTORNEY FEES
In the event the CONTRACTOR breaches the terms of the contract for service, the
DISTRICT shall be entitled to have all of its costs and expenses, including reasonable attorney
fees paid by the CONTRACTOR.
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SPECIMEN OF CONTRACT
THIS CONTRACT, made and entered into this ______day of ____________, 20___, by and
between ________________________________, hereinafter called the “Contractor”, and the
Recycling District of Howard County, Indiana, a municipal corporation, hereinafter called the
“District”, WITNESSETH, that the Bidder and the District, for the consideration stated herein,
agree as follows:
ARTICLE I. TERM. This contract shall take effect August 1, 2015 and remain in full force and
effect for one (1) year to July 31, 2016. The initial term of this contract may be extended for an
additional one (1) year periods up to five (5) additional years, under agreed upon terms and
conditions between the Contractor and District. The initial contract terms may be the same,
provided each party has received from the other a written expression of consent no less than
ninety (90) days prior to the expiration of the initial term.
ARTICLE II. SCOPE OF WORK. The Contractor shall perform everything required to be
performed and shall provide and furnish all of the labor, materials, equipment, facilities, and all
collection processing and marketing of services required to perform and complete in a
workmanlike manner the District’s Municipal Recycling District and Recyclable Materials
Collection. All work will be done in strict accordance with the Specifications and made a part of
this Contract, in strict compliance with the Contractor’s proposal and other Contract Documents
herein mentioned which is a part of this Contract. The Contractor shall do everything required by
this Contract and other documents constituting a part thereof.
ARTICLE III. THE CONTRACT PRICE. The District shall pay to the Contractor for the
performance of this contract, subject to any additions or deductions provided therein, in current
funds, the contract price of:
Payments are to be made to the Bidder in accordance with and subject to the provisions embodied
in the documents made a part of this contract.
ARTICLE IV. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
following component parts, all of which are as a part of this Contract as if herein set out verbatim
or, if not attached, as if hereto attached.
1.
2.
3.
4.
5.
6.
7.
8.
9.
The Request for Bids
The Instruction to Bidders
The Contractor’s Proposal (Form 96)
The Contract Specifications or portion thereof upon award by the Howard County
Recycling District
Any General Conditions of the Contract
The Performance Bond or Letter of Credit
Cost Summary of Bid Proposal
Contract
Any addenda or change to the foregoing documents agreed to by the parties hereto.
In the event that any provision in any of the above component parts of this Contract conflicts with
any provisions in any of the component parts, the provisions in the component part first
enumerated above shall govern over any other component part which follows it numerically,
except as may be otherwise specially stated.
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Page 2
Specimen Contract Form
All provisions of the Contract Documents shall be strictly complied with and conformed to by the
Contractor, and no amendment to this contract shall be made except upon the written consent of
the parties, which consents shall not be unreasonably withheld. No amendment shall be construed
to release either party from any obligation of the Contract Documents except as specifically
provided for in such amendment.
This contract is intended to conform in all respects to applicable statutes of the State of Indiana
and if any part or provision of this Contract conflicts therewith, the said statute shall govern.
NON-COLLUSION AGREEMENT. CONTRACTOR represents and warrants and the
DISTRICT awards this contract upon the express warranty by CONTRACTOR that the
CONTRACTOR has not, nor has any other member, representative, agent, or employee of their
firm, company, corporation, or partnership represented by its, employees or retained any
company or person, to solicit or secure the Contract; that the CONTRACTOR has not entered
into nor offered to enter 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 warranty, the DISTRICT shall have the right
to cancel this contract without liability, and to recover, at the election of the DISTRICT, any and
all monies or other consideration paid hereunder.
DEFAULT AND REMEDY. Any breach of this contract by either party shall be a default. IN the
event of any default by a party, the other party shall have any remedy provided in this Contract
and also any other remedy allowed by law in this Contract and also any other remedy allowed by
law or equity, with attorney fees and court costs. In the event of default by the CONTRACTOR,
the DISTRICT shall have the right to terminate the CONTRACTOR’S right to complete any
unperformed requirements of this Contract.
MAINTAINING A DRUG-FREE WORKPLACE. CONTRACTOR hereby covenants and agrees
to make a good faith effort to provide and maintain during the term of this Contract a drug-free
workplace and drug-free vehicle operators.
APPROVAL OF CONTRACT. This Contract although accepted on behalf of the owner by its
Executive District shall not be binding or obligatory upon the District unless and until it shall
have first been approved by the District Board of the Howard County Recycling District
Management District and should the District Board fail to approve the same within forty five (45)
days after the date hereof, this Contract shall become and be wholly void.
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Page 3
Specimen Contract Form
IN WITNESS WHEREOF, we the contracting parties have caused this instrument to be executed
in Kokomo, Indiana as of the _______day of __________..
Contractor:
By: ____________________________________
Title: ___________________________________
(SEAL) State of Indiana
County of
Attest:
RECYCLING DISTRICT OF HOWARD COUNTY, INDIANA
______________________________
Notary Public
BY____________________________________
Comm. Number: ________________
Board Chairperson
My Commission Expires: _________
Attest: ____________________________
Date: _____________________________
Mikki K. Jeffers, Director
HOWARD COUNTY RECYCLING DISTRICT BOARD
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
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