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Force Majeure
<br />5.6
<br />The contract will provide that neither party shall be liable to the other for any delay in, or failure
<br />of, performance where performance is prevented or delayed by acts of God, fire, explosion,
<br />accident, flood, earthquake, epidemic, war, riot, rebellion, restraints or injunctions, or other legal
<br />processes from which a party affected cannot reasonably relieve itself by security or otherwise.
<br />Indemnification and Insurance
<br />5.7
<br />The contractor shall be required to indemnify and hold harmless the City, its officers and its
<br />employees, from and against all liability, claims, and demands, on account of any injury, loss, or
<br />damage, which arise out of or are connected with the contractor’s performance of the contract, if
<br />such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the
<br />act, omission, or other fault of the contractor or any subcontractor of the contractor, or any
<br />officer, employee, or agent of the contractor or subcontractor, or any other person for whom the
<br />contractor is responsible. The contract shall include provisions for the contractor to defend
<br />against such claims.
<br />The contractor and any subcontractor of the contractor shall be required to carry at their own
<br />expense workers’ compensation insurance, comprehensive general liability used in performance
<br />of the contract. The worker’s liability insurance shall have limits of not less than $2,000,000
<br />each occurrence and $4,000,000 aggregate. The vehicle liability insurance shall have limits of
<br />not less than $150,000 each occurrence and $1,000,000 aggregate. The City, its officers and
<br />employees, shall be named additional insured as respect to required coverage for particular
<br />operations, subrogation, production of certificates, cancellation, and insurer ratings.
<br />Compliance with Laws and Miscellaneous
<br />5.8
<br />The contractor shall be responsible at its expense for obtaining and complying with all necessary
<br />permits, ordinances, and laws. The contract shall also include provisions concerning independent
<br />contractor status, equal employment opportunity, non-assignment, disclosure of information and
<br />records, applicable law, and such other terms and conditions as the City may require.
<br />Self-Reliance
<br />6.
<br />The City makes no guarantee on any of the estimates contained in the RFP and provides this data
<br />for informational purposes only. Contractors are expected to conduct their own investigations
<br />and research of relevant information used to develop their proposals, including but not limited to
<br />the estimated number and type of housing units, anticipated participation, diversion, container
<br />weights and all conditions related to the services provided.
<br />The contractor shall make no claims against the City as a result of estimates or projections used
<br />herein, statements, or interpretation of data by City staff or its agents.
<br />Information Requests and Requirements
<br />7.
<br />RFP – Residential Solid Waste Collection City of Louisville
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