INVITATION TO BID SOLID WASTE AND RECYCLING SERVICES CITY OF FENTON

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1 INVITATION TO BID SOLID WASTE AND RECYCLING SERVICES CITY OF FENTON July 27, 2010 The City of Fenton is soliciting bids to provide for the collection and disposal of residential and commercial solid waste and recycling services throughout the City. Bids are being solicited only from responsible and established bidders known to be experienced and regularly engaged in the work of solid waste collection and recycling services. Bidders will be required to provide satisfactory evidence that they possess the necessary capital, equipment, personnel, and experience to do the work. The City of Fenton will receive sealed bids at the City Clerk s Office, 301 S. Leroy, Fenton, Michigan for the proper disposal of solid waste and recycling items as supplied by the citizens of the City on September 13, 2010 at 10:00 a.m. Bids will be publicly opened and read at that time at the Fenton City Hall, 301 S. Leroy, Fenton, Michigan. Bids shall be submitted in sealed envelopes and plainly marked SOLID WASTE AND RECYCLING BID - CITY OF FENTON. Proposal forms and specifications are on file for the inspection of bidders at the Fenton City Offices, 301 S. Leroy, Fenton Michigan and copies may be obtained by qualified bidders. Sealed proposals must be submitted on the bid forms furnished by the City. All information will be available at All bid proposals must be accompanied by a bid bond, bank cashier s check, bank draft or certified check for Ten Percent (10%) of the first year contract amount made payable to the City of Fenton, as security for the acceptance of the contract. The City Council reserves the right to reject any and all bids and to accept any bid which, in their opinion, is most advantageous to the City. Michael T. Burns Assistant City Manager

2 CITY OF FENTON SOLID WASTE AND RECYCLING SERVICES PROGRAM SPECIFICATIONS PART I GENERAL REQUIREMENTS I-1 QUALIFICATION REQUIREMENTS Bids are solicited only from responsible solid waste disposal and recycling companies known to be experienced and regularly engaged in work of similar character and scope to that covered in this Request for Bids (RFB). Satisfactory evidence that the bidder has the necessary capital, equipment, personnel, and experience to do the work is required. Bidders should provide detailed information about other municipalities for whom they provide similar services. The City reserves the right to independently investigate the bidder s qualifications and to take into consideration the results of such investigation. The bidder should become familiar with the City s needs and should point out any cost savings that may be available. I-2 BID FORM Sealed bids must be submitted on the bid forms furnished herein by the City. All bid amounts must be written and shown in figures in ink or typewritten together with all other data as required and shall be legally signed with the complete address of the bidder given thereon. Successful bidders not responding to all information requested in this RFB may have their bids rejected. Submission of a bid will be construed as a conclusive presumption that the bidder is thoroughly familiar with the specifications reflected in the RFB, and that the bidder agrees to abide by all of the stipulations and requirements contained in the RFB. I-3 BID BOND Each bid proposal shall be accompanied by a certified or cashier s check on a responsible bank, or a bid bond by a recognized surety company similar to a U.S. Government Standard Form Bid Bond, in the amount of Ten Percent (10%) of the first year contract amount made payable to the City of Fenton. This financial security shall be subject to forfeiture to the City in the event of failure on the part of the successful bidder to enter into an agreement to do the work specified by said proposal at the price and within the time stated, therein. The bid deposit of all bidders, except the City s top three selections, shall be returned within two (2) weeks after opening of bids. The bid deposits of the top three selections shall be returned within 48 hours after executed contract(s) have been finally approved by the Owner. In order to be acceptable as financial security, a bid bond must be issued by one or more surety companies legally authorized to do business in Michigan which retain as capital no less than the amount of the issued bond and said bond must be in form approved by the City. 2

3 Further financial security in the form of performance bonds shall be required of the successful bidder to insure faithful performance of the work provided for in the RFB and to indemnify and save harmless the City from all liens, charges, claims, demands, losses, costs, penalties and damages of every kind and nature, whatsoever. I-4 PRE-BID CONFERENCE All prospective bidders are invited to a pre-bid conference on September 7, 2010 at 2:00pm at the Fenton City Hall, 301 S. Leroy, Fenton Michigan. At this time, bidders will be allowed to ask any questions that may be necessary. I-5 RESPONSE DATE To be considered, sealed bids must be received at the City Clerk s Office, 301 S. Leroy, Fenton, Michigan 48430, on or before the time specified in the cover letter. The City Clerk s Office is open Monday through Friday, excluding holidays, between 9:00 a.m. and 5:00 p.m. Successful bidders mailing bids should allow normal delivery time to assure timely receipt of their bids. Sealed envelopes containing bids bust be clearly marked on the outside with the bidder s name and SOLID WASTE BID AND RECYCLING BID - CITY OF FENTON. All information submitted in the bid, including but not limited to prices, must remain valid and in effect for at least ninety (90) days past the submission deadline. I-6 OPENING OF BIDS All bids received will be publicly opened and read in the time and place specified in the cover letter. All bidders are invited to be present. I-7 REJECTION OF BIDS The City reserves the right to reject any or all bids, in part or in their entirety, or to waive any informality or defect in any bid, or to accept any bid which, in its opinion is deemed most advantageous to the City. I-8 EXPLANATIONS Explanations desired by a prospective bidder shall be requested of the City in writing, and if explanations are necessary, a reply shall be made in the form of an Addendum, a copy of which will be forwarded to each bidder. Every request for such explanation shall be in writing and addressed to: Assistant City Manager, 301 S. Leroy, Fenton, Michigan No inquiry or request received within three (3) working days of the submission deadline for bidders will be given consideration. I-9 ALTERNATES OR ADDENDUMS Bidders may provide alternate means of providing the services called for in this RFB at their discretion. This in no way relieves the bidder from providing the responses called for in this RFB. The City is under no obligation to consider any such alternates that may be provided. I-10 CONTRACT EXECUTION The bidder to whom the Contract is awarded shall, within two (2) weeks after the notice of award, enter into a written contract with the City and furnish bonds as hereinafter specified. The successful bidder s 3

4 failure to execute a contract within this time period will result in forfeiture of their bid bond to the City. The City shall have the option to select from another bidder or to solicit new bids. I-11 LENGTH OF CONTRACT The City seeks to a contract for initial term commencing October 1, 2010 and ending December 31, 2011 with the possibility of two one-year extensions. The first such extension, if exercised, would be for a term of January 1, 2012 through December 31, The second such extension, if exercised would be for a term of January 1, 2013 through December 31, The contract and any extension thereof shall be subject to annual appropriation by the City Council. In the absence of an appropriation, a contract issued pursuant to this RFB shall be void and of no effect. I-12 INCURRING COSTS The City is not liable for any costs incurred by bidders prior to the signing of a written contract with the City. I-13 MATERIAL SUBMITTED All materials submitted as part of a bid will become the property of the City. The City reserves the right to use any or all ideas presented. I-14 BIDDER RESPONSIBILITY Each bidder shall have the responsibility to fully acquaint himself with this RFB and any or all of the other requirements as set forth in this document. 4

5 PART II PROGRAM GUIDELINES II-1 DEFINITIONS: For the purpose of the RFB, the following words and phrases shall have the meanings respectively ascribed to them: Bulky Items: Items such as carpet, water softeners, mattresses and box springs, furniture, and large appliances. Exceptions shall include construction and demolition debris, large automobile parts (including tires), bricks, concrete blocks, and large quantities of furnishings, and materials resulting from fire, basement flooding, or similar occurrences. City Manager: The Manager of the City of Fenton. Containers or Receptacles: For the purpose of residential solid waste and yard waste, containers or receptacles shall mean bags or can liners closed by draw strings or twist ties, and resident s containers constructed of a permanent material such as steel, aluminum, or plastic with tight-fitting covers, which, if lifted manually shall have a capacity of no less than five or no more than thirty-two (32) gallons, and the gross weight with contents shall not exceed fifty (50) pounds. For the purpose of a recycling program, containers or receptacles shall mean an approved container supplied by the contractor to each resident which has the ability to accept the recyclable solid wastes as awarded and have a capacity of eighteen (18) gallons. Most of the City residents currently have in their possession one (1) or more of the eighteen (18) gallon recycling containers or receptacles supplied by the contractor. Curb-side Collection: The collection of solid waste which has been placed for pickup in appropriate solid waste containers at the side of a public or private road adjacent to the abutting private property. Designated Collector: A licensed collector who has been awarded a contract with the City of Fenton to collect solid waste, yard waste and/or recyclable materials. Garbage: Discarded refuse, including wastes resulting from the handling, preparation, cooking and consumption of food and the storage and sale of food items. Also, other unwanted household materials. Leaves: Deciduous or coniferous seasonal deposition. Premises: Each place of residence, residential use, commercial use, or industrial use or other type of common use not listed here. Recyclable Solid waste: As currently provided includes: empty aerosol cans; newsprint and glossy inserts; magazines; brown, green and clear glass bottles, jars and containers; ferrous and nonferrous cans and bottles; polystyrenes (styrofoam); brown paper bags; corrugated cardboard; paperboard; and polyethylene terephtalate (PET) and high density polyethylene plastics (HDPE) as listed in Michigan Public Act 414 of 1988, MCL , et seq., (Plastics number 1 through number 7) whether or not 5

6 labeled in accordance with said Act. Refuse: For the purpose of this RFB refuse shall have the same meaning as solid waste and yard waste. Solid Waste: Garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial waste, excluding construction and demolition debris. Solid waste does not include human body waste, liquid waste, materials that have been separated either at the source or a processing site for the purpose of reuse, recycling or composting, or any material that has been identified by State or Federal regulation to be unsuitable for disposal in a type II sanitary landfill. Type II Sanitary Landfill: As defined in Michigan Public Act 451. Unit Price: The monthly compensation for the solid waste, recycling and yard waste collection and disposal service provided to each dwelling unit. Recycling, solid and yard waste unit prices are based upon the number of residential stops. Yard Waste: Grass clippings, weeds, hedge clippings, garden waste, Christmas trees and twigs and brush no longer than four (4) feet in length or heavier than fifty (50) pounds in weight and no more than four (4) inches in diameter. Yard Waste Collection Season: A period each year as scheduled by the City Manager during which a yard waste collection service is provided in specified areas of the City. The above definitions are meant as guides for understanding and not binding explanations. II-2 PROJECT NARRATIVE The City of Fenton is seeking bids to provide complete solid waste, yard waste, and curbside recycling programs for residential customers. Details of the programs are provided in this RFB. The following background information is provided for the general use of the bidders and may be superseded by more detailed information about the programs elsewhere in this document. The City makes no guarantees as to the accuracy of the information and it is up to the bidders to conduct whatever independent study they may feel is necessary to submit a bid. The 2008 census population estimate of the City was 11,688. There are currently 3,486 units in the city. Contractor shall be responsible for total unit count. The City will on a monthly basis adjust the total number of units based on residents removing themselves from the billing if they are leaving on extended stays away from their homes (i.e., snowbirds) or homes that are otherwise vacant. The City will only pay for the number of units that are using the solid waste program. There are approximately 67 miles of public streets in the City. The City s refuse collection program is a pay as you throw system, which consists of a bag and tag method for the collection of solid waste and yard waste. Before the contractor can collect solid or yard waste from a residential stop in the City of Fenton, the items must either be in a City bag or be in an approved container with a City tag. The bags and tags are sold to customers by the City and local 6

7 merchants. There are different bags for the solid waste and yard waste collections sold for different fees. Approved recyclables are set out in eighteen gallon bins designated for collection and do not need special tags and/or bags. Recycling containers shall match the current black containers with orange logo, as approved by the City of Fenton. The contractor will be required to deliver to the City additional eighteen gallon recycling containers for no charge for use hereunder by City residents who do not have the requisite recycling containers. City residents who lose such containers are responsible for the cost of replacement containers. Bulky items (carpet, hot water heaters, beds, etc.) are currently allowed to be picked up with normal schedules. There is no special tag that is necessary to be placed on the item. If unable to pick up the bulky item during the normal schedule, the successful bidder shall have the item picked up by 5:00 of the following day. Note: the successful bidder shall have the responsibility of removal of freon from appliances in accordance with federal regulations. The pay as you throw program has been in effect in the City since 1991 and has been well received by the citizens. This approach encourages the use of the recycling program and we estimate that approximately 95% of the residential homes participate in this program in any one month. Because of the nature of this program, significant numbers of residential homes do not set out solid waste for collection each week. In any one month we estimate that approximately 85% of the residential homes participate. Approximately 75% of the homes participate in the yard waste portion of this program in any one month. Use of this portion of the program is heaviest in the spring and late fall and runs 7 or 8 months per year. The City seeks in the bidder s proposal a comprehensive plan to further encourage and promote recycling. The City is also interested in proposals to receive compensation for recyclables taken from the City. Therefore, bids shall include options for the City to obtain revenue from recyclable material collected from the City. The bidder should address disposal options for hazardous materials and electronic devices and batteries, including options for recycling. In keeping with our charge from the citizens, we need to be able to provide the services at issue in this RFB as efficiently as possible, and yet in full consideration of cost. The City of Fenton will be evaluating quality of service offered, experience, cost, and other intangibles. II-3 BIDDER RESPONSIBILITY Each bidder shall have the responsibility to fully acquaint themselves with all aspects of the conditions surrounding the contract, including the City layout, street system, location of disposal sites, operation of the disposal sites, equipment storage requirements, quantity and quality of the refuse and other related factors. The successful bidder shall at all times comply with state, county and local laws and 7

8 ordinances. Bidders shall be responsible for considering equipment costs, fuel costs, etc., throughout the term of the contract and the proposed extensions. Failure or omission of any bidder to properly estimate such costs or to examine any instrument, form, or other document, visit the site and acquaint themselves with the existing conditions, number of pickups, laws, rules, etc., shall in no way relieve them from any obligation with respect to their bid or to the contract. The successful bidder shall provide and install all of the required labor and materials, supplies, devices, vehicles, and tools needed to perform the required services. Each bidder shall visit the various sectors of the City and shall be deemed completely informed relative to traffic congestion, type of housing, type of business, population density, collection procedures required, labor and all other conditions and factors, local and otherwise, which would affect execution and completion of the work and its cost. Such consideration shall include the arrangement and condition of existing structures and facilities, the availability and cost of labor, and facilities for transportation, handling and storage of materials and equipment. Normal development or redevelopment within the community must also be considered. All such shall be properly investigated and considered in the preparation of the bidder s proposal. There will be no subsequent financial adjustment for lack of such prior information. A successful bidder may be required to submit a sworn statement of financial responsibility, technical qualifications, and a performance record before a contract is awarded. II-4 SCOPE OF PROJECT The successful bidder shall furnish all labor, common tools, state-approved vehicles and other equipment, materials, building and landfill use fees, and shall perform all the work described in these proposal documents related to the collection or removal of solid waste, yard waste and recyclable solid waste in the City of Fenton. The City desires to maintain its current schedule for the curb-side collection of solid waste, yard waste and recyclable solid waste, and seeks bidders that can maintain the City s current schedule. The current pick up schedule is on Monday for solid waste, recycling, and yard waste. If a bidder is unable to meet that schedule, it may bid, but must clearly mark on the bid proposal that it is unable to maintain the City s current schedule. Such bidder(s) must provide one or more alternate schedule(s), as available. The successful bidder shall comply with the City ordinances, County, State and Federal laws, rules and regulations, including those pertaining to the collection, transportation and disposal of refuse and the employing of personnel and operation of motor vehicles therein. The successful bidder shall provide proof of access to a sanitary landfill, compost site and material recovery facility for the life of this contract. Collection Activities A. Curb-side Solid Waste Collection and Disposal: 8

9 The successful bidder shall provide hand collection, transportation and disposal of solid waste on a weekly schedule. 1. Solid Waste Collection - Solid waste collection shall include the collection of solid waste as herein previously defined. No yard waste which is commingled with solid waste shall be collected within the solid waste collection. Residents will be responsible for the separation of recyclables and yard waste from solid waste collection. 2. Collection Restrictions The successful bidder shall pick up solid waste only in City approved bags or containers with the City refuse tag affixed. 3. If containers are tipped over or plastic bags are ripped by the successful bidder, the successful bidder shall pick up and haul away the bag and remaining contents. Any spillage from the bag or container before the successful bidder handles it should be picked up. The contractor is to report immediately to the City Manager, or his designee, all container spillage. B. Special Refuse Collection The successful bidder shall collect and dispose of all special refuse from the residential locations within the city on the same day as the regularly scheduled pickup, or not later than 5:00 p.m. the following day with specific permission of the City, provided it has a City of Fenton special refuse tag affixed. The items shall meet the definition of special refuse and shall be no heavier than two workers can place on the truck. Should the question arise whether or not an object is considered special refuse to be picked up under this agreement, the City Manager or his designee shall make the final decision. C. Bulky Items The successful bidder shall collect and dispose of all bulky items from all residential locations within the city on the same day as the regularly scheduled pickup, or not later than 5:00pm the following day with specific permission of the City. The items shall be no heavier than that which two workers can place on the truck. Should the question arise whether or not an object is considered a bulky item to be picked up under this agreement, the City Manager or his designee shall make the final decision. D. Containerized Service: The successful bidder agrees to provide containerized refuse removal to those commercial establishments within the corporate limits of the City who request it. It shall be up to the successful bidder and the customer to reach mutually agreeable terms for the requested service. This contract in no way prohibits a commercial establishment from contracting for service with any company other than the successful bidder. The successful bidder shall provide, at no additional cost, the following containerized service for the City: Department of Public Works Garage City Hall Complex Water Plant Bush Park seven months pr/yr 6yd emptied once a week 2yd twice a week 2yd once a week 3 yd twice a week 9

10 Silver Lake Park six months pr/yd Community Center 12 yd twice a week 6yd once a week F. Curb-side Residential Recycling: The contractor will continue the City recycling program to all residential premises consisting of weekly curb-side collection of recyclables, transportation and delivery to a materials recovery facility, and an education program as specified herein. The successful bidder will be required to deliver to the City additional (18) gallon recycling containers for no fee. The containers shall match the existing black container with orange logo, as approved by the City of Fenton. Residents provided a container at no charge who subsequently lose such container will be required to replace it at their expense. Curb-side Collection of Recyclables shall include: 1. Collections of recyclables - The items to be collected have previously been defined as recyclable solid waste. 2. Delivery of recyclables - The successful bidder shall be responsible to deliver all recyclable materials to a materials recovery facility (M.R.F.) determined by the successful bidder. The materials collected under this portion of the bid and resulting contract shall not be disposed of in a disposal area unless otherwise approved by both the City and successful bidder. The successful bidder will be responsible for separation, processing and marketing of recyclable materials. G. Curb-side Yard Waste Collection: The successful bidder shall provide curb-side pickup of yard waste and deliver them to a site designated by the successful bidder. 1. Collection - The yard waste program shall include weekly curb-side pickup of yard waste material on each Monday from the 2nd Monday in April to the last Monday in November of each year. The City Manager may at his/her discretion, extend or begin at an earlier time this service as public demand would indicate. 2. Christmas trees - Christmas trees shall be picked up on a special yard waste schedule for three weeks following the Christmas holidays. 3. Collection restrictions - The successful bidder shall pickup yard waste only in appropriately designated and approved bags or containers with the exception of Christmas trees and branches. Please refer to section II-4, G, 2 regarding Christmas trees. Branches shall be tied in bundles no longer than (4) feet and (1) inch in diameter and not heavier than fifty (50) pounds in weight. Currently, the City utilizes clear plastic bags with the City of Fenton Logo. For this contract the City is considering offering craft paper bags as well as the clear plastic for yard waste removal H. Miscellaneous Requirements The successful bidder shall replace all private containers that are damaged in handling by the successful bidder. 10

11 The successful bidder shall provide the residents of the City a local or toll free telephone number specifically dedicated to handling service concerns. All service requests shall be promptly and properly handled by the successful bidder. All bags and tags will have the necessary information on them indicating yard waste, solid waste, etc. Each shall also be color-coded for each use and have the City of Fenton logo placed on them. Once collection days are set by the successful bidder, this shall become the official schedule and shall only be changed through mutual consent by both parties in writing. The successful bidder shall be responsible for leaving areas it provides service in a clean condition and for the removal of any debris resulting from services provided under the contract. The City reserves the right to utilize any or all options, or parts thereof, or reject all options. II-5 OVERSIGHT AND COMPLAINTS The successful bidder shall be represented in person or at all times have an authorized representative supervising the work. Complaints of missed pickups or service problems shall be received by the City and/or the successful bidder and shall be immediately resolved by the successful bidder. The successful bidder shall contact the City every collection day prior to finishing that particular day s route, or by 9:30 a.m. the next day to receive all complaints, missed pickups or service problems. The successful bidder shall provide their work crew or supervisor with a cellular telephone and/or pager that City personnel can use to contact them. The successful bidder shall immediately service all complaints. In the event of a difference of opinion as to the validity of the complaint, the ruling of the City Manager, or his designee, shall be binding on all parties involved. II-6 DEDUCTIONS There shall be deducted from the monthly payment to be made by the City to the successful bidder the sum of twenty-five dollars ($25) for each properly verified incident of failure on the part of the successful bidder to collect, remove and dispose of solid waste, yard waste, or recycling in accordance with the terms of this contract. A deduction of twenty-five dollars ($25) shall also be made for each properly verified incident of carelessness on the part of the successful bidder in the emptying of containers or otherwise permitting solid waste, yard waste or recyclables to be strewn on or about the properties. If the successful bidder fails to correct to the complaint within the appropriate time period, as established by the City Manager, an additional twenty-five dollars ($25) shall be assessed for each day that the problem is not resolved. II-7 EDUCATIONAL PROGRAM A continuing educational program shall be provided by the successful bidder to encourage residents to become involved in the proper use of solid waste, recycling and yard waste collection programs. The educational program shall be approved and monitored by the City Manager or his designee. The program shall include, but not be limited to, the use of advertisements in local media, program flyers, press releases, and articles for the City s newsletter. The successful bidder shall be allowed to utilize 11

12 the free cable reserved for public announcements and may use all other forms of free media. All written material and advertisements must be approved by the City Manager, or his designee, before any use in the City. Any written material, pamphlet, brochures, etc., delivered to residential premises shall be made of recycled paper. The contractor shall provide an outline of the proposed program prior to the effective date of any resulting contract, which shall include presentations to schools and service clubs. II-8 BID RESCINDED Any bid not rescinded prior to the time of opening shall be irrevocable and, if accepted by the City Council, shall be deemed a contract enforceable in any Court of competent jurisdiction. II-9 PLACEMENT Solid waste, yard waste and recyclables shall be placed by the curb immediately adjacent to the street by the occupant of the premises served, except in the case where the premises abut upon a public alley or sufficient public driveway, in which event the solid waste, yard waste and recyclables shall be set adjacent to the alley or other public driveway in a place where it can be conveniently removed by the successful bidder. Items must be readily accessible for pick-up no later than 7:00 a.m. of the scheduled service day. The successful bidder shall not begin any collections under this program prior to 7:00 a.m. without the specific prior written approval of the City. II-10 PACKAGING Each bidder shall be aware of the following: A. Containers or Receptacles: For the purpose of residential solid waste collection, containers or receptacles shall mean refuse bags or can liners closed by draw strings or twist ties, or containers constructed of a permanent material such as steel, aluminum, or plastic with tight-fitting covers, which, if lifted manually shall have a capacity of no less than five (5) or no more than thirty-two (32) gallons, and the gross weight with contents shall not exceed fifty (50) pounds. B. Yard waste shall only be placed in craft paper bags and/or containers, with the exception of brush securely bundled, not to exceed four feet in length, nor fifty (50) pounds in weight or no more than four (4) inches in diameter. C. Recyclable solid waste shall be placed in an approved container provided by the contractor. II-11 PICK-UP SCHEDULE The successful bidder shall provide once weekly curb pick-ups for solid waste, recyclable solid waste and yard waste (during the yard waste collection season) from all residences within the corporate limits of the City. The pick-up day may be changed only with the prior approval of the City and sufficient notification to those affected. II-12 HOLIDAYS During any week when a holiday (as determined by the City) occurs, the refuse pick-ups scheduled for the day of the holiday and the remainder of that week, shall be made one day later in the week, for that week only. There shall be no pickups made on Sunday. 12

13 The holidays which the successful bidder shall not be required to work, and which shall result in a rescheduling of the normally scheduled pick-ups, are the following: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day. II-13 DAMAGE TO PROPERTY The successful bidder accepts sole responsibility for any damage to any public or private property resulting from their performance of the work. The successful bidder shall protect, defend and hold harmless the City from any damage, claim, liability or expenses whatsoever, arising out of or connected with the performance of the contract. II-14 INSURANCE AND BONDS A. Liability Coverage s Successful bidder shall furnish at his own expense and keep in full force during the term of this contract the following insurance liability coverage s, which shall also list the City as an additional named insured: Insurance covering bodily injury and property damage in the minimum sum of $5,000,000 Automobile liability insurance in the minimum of $1,000,000 combined single limit for bodily injury and property damage. B. Worker s Compensation Compliance Successful bidder shall also comply with all requirements of the Michigan Worker s Compensation Law and shall at his own expense, maintain such insurance, including employer s liability, as will protect him from claims under said law and from any other claims for personal injuries, including death which may arise from the operations under the contract, whether operations be by himself or anyone directly or indirectly employed by him. The successful bidder shall provide the City with a copy of the worker s compensation compliance. C. Insurance Policies The successful bidder shall, before execution of a contract with the City, deposit with the City copies of the bidder s insurance policies and bonds showing the coverages as called for above. Policies shall be endorsed to make the City an additional named insured and to provide the following: It is understood and agreed that thirty (30) days advance notice of cancellation, non-renewal, reduction, and/or material change in coverage will be mailed to: City Clerk, City of Fenton, 301 S. Leroy Street, Fenton, Michigan, The successful bidder, to the fullest extent permitted by law, agrees to defend, pay in behalf of, indemnify, and hold harmless the City of Fenton, its elected and appointed officials, employees and volunteers and others working in behalf of the City of Fenton against any and all claims, demands, suits, or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or 13

14 from the City of Fenton, its elected and appointed officials, employees, volunteers or others working on behalf of the City of Fenton, by reason of personal injury, including bodily injury and death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract. It is understood and agreed by the successful bidder that the following shall be additional named insured: The City of Fenton and including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees, and volunteers. This coverage shall be primary to the additional insures, and not contributing with any other insurance or similar protection available to the additional insures, whether said other available coverage be primary, contributing or excess. D. Performance Bonds. The successful bidder shall have in place each year of the contract a performance bond equal to that year s contractual price. There are no exceptions to this requirement. II-15 LICENSED The successful bidder shall provide proof that the firm is properly licensed to perform the work called for in this contract. II-16 ASSIGNMENT OR SUBCONTRACTING The successful bidder shall not assign, subcontract or otherwise transfer its duties and/or obligations under the contract without the prior written consent of the City. Such consent does not release the contractor from any of his obligations and liabilities under the contract. Violations of this specification shall result in instant forfeiture. II-17 INVOICING AND PAYMENTS The successful bidder will submit to the City an invoice at the end of the month for which services have been performed. The invoice shall, by type of collection, indicate the number of units, within the City s geographical boundaries, which were provided service that month. The City will pay such invoices on a monthly basis, generally not later than thirty (30) days after the submission of invoices. II-18 PERSONNEL REQUIREMENTS Successful bidder shall gainfully employ all individuals according to all applicable Municipal, County, State, and/or Federal laws. II-19 FAIR EMPLOYMENT PRACTICES Successful bidder agrees that there will not be any discrimination against any employee or applicant for employment, to be employed in the performance of the contract, with respect to hire, tenure, term, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of sex, race, color, religion, national origin, ancestry, handicap or any other bias prohibited by State or Federal law or regulations. II-20 CONTRACTOR S PAYMENT OF TAXES 14

15 Without limitation on the foregoing, the successful bidder shall be solely responsible for: Payment of wages to its work force in compliance with all Federal and State laws, including the Federal Wage and Hour Act. Payment of any and all FICA, unemployment contributions and other payroll-related taxes or contributions required to be paid by the contractor under State and Federal law. Payment of all applicable Federal, State or Municipal taxes, charges or permit fees, whether now in force or subsequently enacted. The successful bidder shall indemnify and hold the City of Fenton harmless from all claims arising from the foregoing payment obligations of the successful bidder. The City of Fenton is a governmental unit and as such is exempt from payment of all State and Federal taxes. II-21 QUALITY OF SERVICE The intent of any resulting contract(s) is to obtain clean, courteous, well scheduled and well executed collection of all items called for in this RFB with problems kept to a minimum and corrected immediately. Collection shall be accomplished with as little noise or other nuisance as possible. The successful bidder shall be competent, courteous, and orderly while on the job. The successful bidder shall pick up any materials scattered during or prior to collection and shall return containers in a neat and orderly manner. As is the intent of any contract, the City expects the successful bidder to maintain all equipment in a clean and well-operating fashion, with special consideration for proper maintenance and care of all elements, items and equipment mentioned in this document. The successful bidder will operate in a professional manner and keep all noise and other nuisances to a minimum at all times while under contract with the City. The City is looking to keep from inconveniencing the public as much as possible. The successful bidder shall file all documents outlined in this RFB in a timely and wellorganized manner. II-22 SERVICE REQUESTS The successful bidder agrees to provide proper communication between the City and/or its residents through the use of a local or 800 telephone number specifically dealing with service concerns. All service requests shall be promptly and properly adjusted by the successful bidder. II-23 OPERATION OF VEHICLES The successful bidder shall operate collection vehicles in a manner so not to impede traffic flow on City streets. Collection vehicles are not to be left unattended for any reason except for emergencies or in the actual performance of the job. Collection vehicles shall have a direct means (2-way radio, cellular phone, etc.) of contacting their office. Collection vehicles shall travel with appropriate marking devices (lights, flashers, strobes) installed and operational during collections in the City. Work crews shall have appropriate attire. Service shall not be interrupted because of streets temporarily closed. 15

16 II-24 SUPPORT FACILITIES Successful bidder shall have available: Facilities and equipment adequate for evaluation of problems and control activities; and An office with sufficient staff and communications facilities to assure ready accessibility and prompt response to the needs of City, as described herein. II-25 RECORD KEEPING The successful bidder shall maintain records and provide the City with reports on each component of its solid waste collection as follows: A. For solid waste collection and disposal, the successful bidder shall keep accurate records of the compacted yardage delivered to the landfill, and shall indicate when partial loads have been delivered. Copies of records are to be supplied to the City on a monthly basis, showing the total yards for each month. B. For the recycling component, the successful bidder shall maintain a record of the amount collected of each type of recycled material in tons and pounds for each month of collection or in volume. C. For the roll-off recycling container component, the successful bidder shall maintain a record of the amount collected of each type of recycled materials in tons and pounds for each month of collection. D. For the composting component, the successful bidder shall maintain a record of the weight of yard waste collected and delivered to a designated composting facility in tons, or, if no scale exists, in volume, for each month of collection. E. The successful bidder will make all records pertinent to these reports and all billings available to the City or its designated representatives for review at mutually agreed upon times and places. II-26 BREACH OF CONTRACT In the event that any of the provisions of this bid and/or resulting contract are breached by the successful bidder, the City shall give written notice to the successful bidder of the breach or pattern of behavior that constitutes the breach and allow the successful bidder to resolve the breach or pattern of behavior that constitutes the breach within five (5) days of successful bidder s receipt of notice. If the breach or pattern of behavior is not resolved, then the City Manager of the City of Fenton shall have the right to rescind this bid and/or resulting contract by sending written notice to the successful bidder of the cancellation and rescission. II-27 CITY S RIGHT TO TERMINATE CONTRACT If the successful bidder should be judged bankrupt, if they should make a general assignment for the benefit of their creditors, if a receiver should be appointed on account of their insolvency, if they should refuse to supply enough labor, materials and/or equipment to meet the scope of work of the 16

17 contract, if they should disregard laws of the State of Michigan and/or ordinances of the City of Fenton or be guilty of substantial violations of any provision of the contract, the City may, without prejudice to any other right or remedy, terminate the contract immediately and re-let for same. The City, at its sole discretion, may terminate the contract immediately, based on warrants and if said immediate termination is in the best public health, safety and welfare interests of the City and its citizens. II-28 CITY S RIGHT TO MODIFY CONTRACT The City reserves the right to negotiate with the bidder and/or successful bidder for a change in terms of the contract, during the term of the contract and to make adjustments relative to the implementation of a change that reduces or modifies the need for the solid waste and recycling services. If the City and the bidder and/or successful bidder are unable to agree on a revised contract, the City may seek new proposals and, upon a minimum of ninety (90) days written notice from the City, may terminate the unexpired portion of the contract. The City shall not be liable for any cost under this section beyond the contract price for the period where service is actually provided. II-29 REFERENCES The bidder shall include a list of current and prior projects similar to that proposed as illustrations of qualifying experience. Include the name, address, and telephone numbers of the responsible individual(s) at the project site who may be contacted. This must include: All commercial or public sector establishments currently serviced or serviced by the bidder within the past 5 years within 10 miles of the City of Fenton Other references that the bidder feels should be considered. II-30 EQUIPMENT Each bidder shall include a listing noting the equipment to be used in this project. All equipment is to be kept, at all times, in a presentable condition. The successful bidder shall not paint a name containing the words City of Fenton in part or whole, implying City ownership on any equipment. Each vehicle shall have clearly visible on each side the identity and telephone number of the contractor. II- 31 NO CONTACT POLICY Bidders may direct questions related to this request for proposals to the point of contact prior to submission of a bid. Bidders shall not lobby or contact any other city official, including but not limited to the Mayor, City Council, City Manager, Assistant City Manager, a Department Head or other staff with respect to its bid or the award of any contract related to this request for proposals from the time this request is issued to the award of a contract. Violation of this requirement may lead to disqualification of a bid. 17

18 II-32 NO CONFLICT OF INTEREST Section 5.13 of the Fenton City Charter provides that no contract or purchase involving an amount in excess of one hundred dollars shall be made by the city in which any elective or appointive officer or any member of his [or her] family has any pecuniary interest, direct or indirect unless the City Council determines, by unanimous vote, that it is in the best interests of the City to enter into such contract. Section 5.13 further provides that an officer shall be deemed to have a pecuniary interest in a contract if he [or she] or any member of his [or her] family is an employee, partner, officer, director or sales representative of the person, firm or corporation with which such contract is made, or of a sales representative of such person, firm or corporation. In accordance with Section 5.13, the bidder shall disclose and describe any business, financial, pecuniary or familial relationship existing between the Bidder (or any officer, agent, or employee of the Bidder) and any officer, employee, or agent of the City. For purposes of this provision, familial relationship and relative are defined as: father, mother, husband, wife, son, daughter, sister, brother, father-in-law, mother-in-law, son-in-law, daughter-in-law, sister-in-law, or brother-in-law. In the space provided below, list and describe all existing conflicts of interest or check the box, indicating that there are no known conflicts of interest. To the best of my knowledge, no conflict of interest exists. 18

19 BID SUBMITTED PURSUANT TO THE CITY OF FENTON SOLID WASTE AND RECYCLING SERVICES PROGRAM SPECIFICATIONS City of Fenton 301 S. Leroy Fenton, MI Mayor Osborn and the Fenton City Council: The undersigned, as Successful Bidder, hereby declares that this bid is made in good faith without knowledge of fraud or collusion with any person or persons bidding on the same Contract; that he/she has carefully read and examined the Contract Documents, including the Invitation to Bid, General Requirements, and Program Guidelines for the designated work and understands all of the same; that he/she, or his/her representative, has made such personal investigation at the site as is necessary to determine the character and difficulties attending the execution of the proposed work. Bidder proposes and agrees that if this Proposal is accepted, bidder will contract with the City, provide necessary machinery, tools, apparatus and transportation services necessary to do all the work specified or referred to in the Contract Documents in the manner and time therein prescribed, and according to the requirements of the owner as therein set forth, to furnish the insurance required of the Contractor by the Contract Documents, and that he/she will take in full payment, the unit prices set forth in the following proposal. All bidders understand that the City reserves the right to accept or reject any and/or all bids, to waive any irregularities and/or informalities in the bids, negotiate with any bidder, or to select the bid(s), or portions thereof, most advantageous to the City. The successful bidder agrees that this bid shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving bids. Upon receipt of a written Notice of Award of the Bid, the successful bidder shall execute the formal Contract Agreement within ten (10) days. In the event that the Contract is not executed within the time set forth above, the Bid Proposal shall become the property of the City as liquidated damage for the delay and additional expense to the City caused thereby. It is further proposed to execute all required bonds, in accordance with the requirements of the specifications, to begin work on October 1, 2010, after receipt of the notice to proceed, and to perform all work so as to complete it according to terms of the contract. Enclosed in the bidder s cashier s check, money order, or certified check (name of bank of deposit: ) in the amount of $. Made payable to the City of Fenton as a proposal guarantee which it is understood will be forfeited in event bidder fails to execute and return the contract in accordance with the requirements of the specifications. Pursuant to your request for solid waste and recycling proposals, I submit my bid, with the 19

20 understanding that if my bid proposal, or section thereof, is accepted, I will execute a written contract with the City of Fenton, which will embody the terms as outlined in the bid proposal. I will meet all of the requirements and provide all of the services for the amounts listed on the attached bid sheet for the items listed in this document. The undersigned, by execution of this contract, certifies that he/she is the of the firm named as, that he/she signs the bid on behalf of the firm and that he/she is authorized to execute the same on behalf of said firm. Company: Address: Phone: Authorized Agent: Signature: Title: Date: 20