REQUEST FOR PROPOSALS FOR CONTRACTUAL SERVICES REFUSE AND RECYCLING COLLECTION VILLAGE OF CASSOPOLIS 117 S. Broadway, Suite 100 Cassopolis, MI 49031

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1 REQUEST FOR PROPOSALS FOR CONTRACTUAL SERVICES REFUSE AND RECYCLING COLLECTION VILLAGE OF CASSOPOLIS 117 S. Broadway, Suite 100 Cassopolis, MI Sealed proposals are invited and will be received by the Village of Cassopolis for collection and disposal of residential solid waste (including recycling and leaf pick-up) within the Village. Proposed forms and contract documents are available on line at Proposals must be on the attached Contractors Proposal Form and in accordance with instructions/specifications to Contractor furnished by the Village. General Specifications apply to all Contract Documents. Proposals will be received in the Village Hall, 117 S. Broadway, Suite 100, Cassopolis, MI until Friday, April 5, 2019 at 12:00 p.m. The envelope containing the proposal must be plainly marked Proposal for Contractual Services Refuse and Recycling Collection. The Village of Cassopolis reserves the right to reject any or all or part(s) of proposals, to waive irregularities in any proposal, and to make an award in the manner, consistent with the law, deemed in the best interest of the Village. If you have any additional questions, please contact Village Manager, Emilie Sarratore at or via at:

2 INSTRUCTIONS TO CONTRACTORS RESIDENTIAL REFUSE AND RECYCLING COLLECTION (including leaf pick-up) 1. RECEIPT AND OPENING OF PROPOSALS The Village of Cassopolis (the Village ) invites and will receive Proposals on the forms attached hereto, all information on which must be appropriately filled in. The envelopes containing the proposals must be sealed and addressed to the Village of Cassopolis, and plainly marked Proposal for Contractual Services Refuse and Recycling Collection 2. PREPARATION OF THE PROPOSAL All proposals must be prepared and signed by the Contractor in the form attached. All blank spaces in each Proposal Form must be completed in full ink or typewritten, in both words and figures. If a unit price or lump sum is already entered by the Contractor on the Proposal Form is to be altered, it shall be crossed out with ink and the new price or lump sum bid entered above or below it and initialed by the Contractor, in ink. Each proposal, together with appropriate schedules, must be submitted in a sealed envelope bearing on the outside the name of the Contractor, his/her address and plainly marked Proposal for Contractual Services Refuse and Recycling Collection. If forwarding by mail, the sealed envelope containing the proposal must be enclosed in another envelope addressed as specified in the proposal. The Village may consider informal proposals not prepared and submitted in accordance with the provision hereof and may waive any informalities or reject any or all proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals or authorized postponement thereof. Any proposal received after the time and date specified shall not be considered. 3. CERTIFICATE OF INSURANCE Each proposal must be accompanied by a certificate of insurance evidencing the coverage set forth in section 8.0 of the general specifications. 4. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO THE CONTRACT The contract shall be deemed as having been awarded when formal notice of award shall have been mailed by the Village to the Contractor by certified mail, return receipt requested. The Contractor to whom the contract shall have been awarded will be required to execute three (3) copies of the contract in a form approved by the Village and to furnish insurance certificates, as well as required. In case of Contractor s refusal or failure to do so within 2

3 twenty (20) days after its receipt of formal notice of award, Contractor will be considered to have abandoned all its rights and interest in the award, and the award may then be made to the next best qualified contractor of the work re-advertised for proposals as the Village may elect. 5. SECURITY OF PERFORMANCE The proposal shall be accompanied by a letter from a corporate surety satisfactory to the Village stating that the performance bond will be furnished by it to the person submitting the proposal in the event it is the successful Contractor. Such letter is to be signed by an authorized representative of the surety together with a certified and effectively dated copy of its power of attorney attached thereto. The successful Contractor will be required to furnish a performance bond in the amount of fifty thousand ($50,000) dollars as security for the faithful performance of this contract. Premium for the bond shall be paid by the Contractor. A certificate from the surety showing that the bond premiums are paid in full shall accompany the bond. The surety in the bond shall be a duly authorized corporate surety company to do business in the State of Michigan. 6. POWER OF ATTORNEY Attorney s in-fact who signs bonds must file with each bond a certified and effectively dated copy of the power of attorney. 7. CONDITIONS Each Contractor shall fully acquaint itself with condition relating to the scope and restrictions attending the execution of the work under contract. Contractors shall thoroughly examine and be familiar with the specifications. The failure of omission of any contractor to receive or examine any form, instrument addendum or other documents, or to acquaint itself with conditions existing, shall in no way relieve it of any obligations with respect to its proposal or to the contract. The Village shall make all such documents available to the Contractor. The Contractor shall make its own determination as to conditions and shall assume all risk and responsibility and shall complete the work in and under conditions it may encounter or create, without extra cost to the Village. The Contractor s attention is directed to the fact that all applicable state laws, municipal ordinances and rules and regulations of all authorities having jurisdiction over the work to be preformed shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full in the contract. 8. NAME, ADDRESS AND LEGAL STATUS OF THE CONTRACTOR 3

4 The proposal must be properly signed in ink and the address of the Contractor given. The legal status of the Contractor whether corporation, partnership or individual shall also be stated in the proposal. A corporation shall execute the proposal by its duly authorized officers in which it is incorporated. A partnership Contractor shall give full names of all partners. Partnership and individual contractors will be required to state in the proposal the names of all persons interested therein. The place of residence of each Contractor, or the office address in the case of a firm or company, with county and State and telephone number, must be given after each contractor s signature. If the contractor is a joint venture consisting of a combination of any or all of the above entities, each joint venture shall execute the proposal. Anyone signing a proposal as an agent of another or others must submit with his/her proposal legal evidence of his/her authority to do so. 9. COMPETENCY OF CONTRACTOR The opening and reading of the proposal shall not be construed as an acceptance of the Contractor as a qualified, responsible provider. The Village reserves the right to determine the competency and responsibility of a contractor from its knowledge of provider s qualifications or from other sources. The Village shall require submission with the proposal of certified supporting data regarding the qualifications of the Contractor in order to determine whether it is a qualified responsible provider. The Contractor will be required to furnish any or all of the following information sworn to under oath by him/her. a. An itemized list of Contractor s equipment available for use on the contract, including truck size, date purchased and packer capacity. b. A copy of the latest available certified financial statement of the Contractor (or its parent corporation if individual subsidiary or division financial statements are not prepared and generally available) certified by a nationally recognized firm of independent certified public accountants. c. Evidence that the Contractor is in good standing in the State of Michigan, and in the case of a corporation organized under the laws of any other state, evidence that the Contractor is licensed to do business in the State of Michigan or a sworn statement that it will take all necessary action to become so licensed if its proposal is accepted. In the event that the Village requires additional certified supporting data regarding the qualification of the Contractor in order to determine whether it is qualified, responsible 4

5 provider, the Contractor may be required to furnish any or all of the following information sworn to under oath by it: a. Evidence that the Contractor is capable of performing as required in the contract documents. b. Evidence satisfactory to the Village that the Contractor has been in existence as a going concern for in excess of three (3) years and possesses not less than three (3) years actual operating experience as a going concern in refuse collection and disposal. c. Evidence satisfactory to the Village that the Contractor s experience as a going concern in refuse collection and disposal is derived from operations of comparable size to that contemplated by the contract documents. d. Evidence satisfactory to the Village that the Contractor s experience as a going concern in refuse collection and disposal is derived from operations of comparable size to that contemplated by the contract documents. e. Such additional information as will satisfy the Village that the Contractor is adequately prepared to fulfill the contract. The Contractor may satisfy any or all of the experience and qualifications requirement of this paragraph by submitting the experience and qualifications of its parent organization and subsidiaries of the parent. 10. DISQUALIFICATION OF CONTRACTOR Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following causes, among others, may be considered sufficient for the disqualification of a contractor and the rejection of its proposal. a. Evidence of collusion among Contractors. b. Lack of competency as revealed by either financial statements, experience or equipment statements as submitted or other factors. c. Lack of responsibility as shown by past work, judging from the stand point of workmanship. d. Default on a previous municipal contract for failure to perform. 11. BASIS OF THE PROPOSAL Proposals with respect to refuse collection and disposal (including recycling and leaf pickup) are solicited on the basis of rates for each type of work. Proposals will be compared on the basis of the sum of the rates proposed. The rates, as written out in words in the proposal, shall govern and any errors found will be corrected. 5

6 12. QUANTITIES Residential The number of residential units to be serviced under this contract is approximately 538. Unit price computations for the number of residential units shall be based on 538 units within the Village limits. 13. METHOD OF AWARD The Village reserves the right to accept any proposal, or reject any or all proposals and to waive defects or irregularities in any proposal. The Village reserves the right to accept any portion of proposal(s) or reject portion(s) of proposal. In particular, any alteration, erasure or interlineations of contract documents and the proposal shall render the accompanying proposal irregular and subject to rejection by the Village. The Village intends that the contract shall be awarded to the successful Contractor following the date the proposals are publicly opened and read, with the contract to go into effect May

7 CONTRACTOR S PROPOSAL FOR Proposal for Contractual Services Refuse and Recycling Collection (including leaf pickup) TO: Village of Cassopolis Proposal of (individual) (partnership) (corporation duly authorized under the laws of the State of Michigan) The undersigned, having carefully read and considered the terms and conditions of the Contract Documents for Refuse and Recycling Collection (including leaf pickup) for the Village of Cassopolis, does hereby offer to perform such services on behalf of the Village in the type, quality and manner described and subject to and in accordance with the terms and conditions set forth in the contract documents at the rates (expresses in words and figures) set forth below. The Contractor agrees to furnish one receptacle to each residential unit, the cost of which will be included in the Contractors monthly rate residential unit price. The Village of Cassopolis requires a schedule of rates as requested below which will be billed to the Village of Cassopolis on a monthly basis based on number of residential units: 1. Rate per residential roll-out unit per month for refuse (including up to an additional three bags of refuse weekly) _size monthly rate $ 2. Rate for smaller sized roll-out for reduced customers (including up to an additional three bags of refuse weekly) _size monthly rate $ 3. Rate for senior citizen (including up to an additional three bags of refuse weekly) _size monthly rate $ 4. Rate for residential recyclable unit per month (please specify weekly or bi-weekly pickup) _size monthly_rate $ 5. Rate for each additional refuse roll-out _size rate $ size rate $ 7

8 6. Rate for leaf pickup from October 15 th through November 30 th _lump sum $ per residence $ 7. Rate for one bulk item last pickup of each month _monthly_rate $ per residence $ Date Contractor By: Principal Office Address Telephone: 8

9 GENERAL SPECIFICATIONS Village of Cassopolis 117 S. Broadway Cassopolis, MI Phone: Project Name: CONTRACTUAL SERVICES REFUSE AND RECYCLING COLLECTION. 1.0 Scope of Work. The contract on which bids are sought is to assure the consistent, efficient, healthful, and aesthetic collection of garbage and recyclable materials for residential and Village facilities and parks. The Contractor shall perform and provide all labor, equipment, utility and transportation required to fulfill the requirements herein. 2.0 Term of Contract. The Contract term shall be for a three (3) year period beginning May 1, 2019 and expiring April 30, If both parties agree, two additional two (2) year extensions of the Agreement in effect may be considered by the Village provided that the contractor submits a Notice to Extend Current Contract not later than January 31, 2022 and January 31, 2024 respectively. 3.0 Bid Submittal, Qualifications, Equipment, Personnel and Obligation Contractor Bid Submittal All bidders shall tour the Village of Cassopolis and familiarize themselves with the work contemplated in the contract. Submission of a Bid shall be deemed conclusive evidence that such a tour has been made by each Bidder and shall constitute a waiver by each of all claims in Bid, withdrawal of Bid, or payment of extras, or combination thereof under the executed Contract. Bidders shall satisfy themselves by personal investigation and by such other means as they may think necessary or desirable, as to the conditions affecting the proposed work and the cost thereof. No verbal information derived from a municipal official or employee shall relieve the Contractor from any risk or from fulfilling all terms of the Contract Qualifications It is the intention of the Village to award the contract to a Contractor who demonstrates the ability and financial resources fully equal to the task of performing the work in a satisfactory manner. All bidders shall demonstrate adequate financial resources and expertise to perform the services required by these specifications by providing along with the formal RFP documents the following documentation Supply a list of all officers, persons or institutions who own ten (10) percent or more of the company Supply a list of bank references 9

10 Supply a detailed inventory of equipment, age of equipment, proposed equipment, leased equipment, etc. that will be utilized to perform the specified Contract within the Village of Cassopolis Supply a list of current or previous Michigan municipality customers. Include name, number of customers, type of customers (i.e. residential, commercial, recycling, etc.). Include contact person(s) and phone number(s) Vehicular Equipment The contactor shall have on hand at all times, in good working order, such equipment as shall permit the Contractor to adequately, consistently, effectively, and efficiently perform its duties under the terms and conditions of the Agreement with the Village of Cassopolis. Refuse and Recycling collection equipment shall be enclosed and water tight. All equipment used to perform work under this Contract shall be kept in good repair and appearance and in a sanitary, clean condition at all times. The Contractor shall have available at all times reserve equipment which can be put into service and operation within two (2) hours of any breakdown. Such reserve equipment shall substantially correspond, in size capacity, and capability to the equipment used by the Contractor to perform its Contractual duties. All equipment shall be clearly labeled with the Contractor s current name and logo Communication Equipment All of the Contractor s collection vehicles shall be equipped with radios or other comparable means of two-way communication equipment that enables them to communicate directly with the Contractor s home office or any other office at which calls to the Contractors Consumer Complaint number for the Village are received Contractor Personnel The Contractor shall assign a qualified person specifically designated to be in charge of all waste collection operations within the Village of Cassopolis throughout the duration of the Contract. The qualified person shall be the primary single point of contact for the Village. Information regarding the name, address, telephone number, and experience of the individual in charge shall be furnished to the Village No person shall be denied employment by the Contractor for reasons of race, creed, or religion Contractor Obligation The Village grants to the Contractor the responsibility and obligation to collect refuse and recyclable materials, as specified in this document, within the Village for the term of this Contract. The Village may offer another person or firm the opportunity to perform specialized or unique solid waste collection services not specified in this Contract, but only after offering the 10

11 Contractor the right of refusal to perform said services. The Village shall waive any permits fees required by the Village for the Contractor awarded this contract. 4.0 Collection Services: Refuse, Recycling, Bulk Items, Contained Leaf Pickup, Village owned Properties 4.01 Residential Refuse Collection and Containers Contractor shall collect all residential (approximately 538 homes) refuse at the curb and/or common property pickup points as designated by the Village Residential units shall be picked up once per week on the scheduled day (Tuesday) or days between Monday and Thursday. No more than two days shall be scheduled to collect refuse within the Village Contractor will provide a water tight, 95 gallon roll out cart with attached lid to each residential customer, subsequent new customers, and future replacements as needed and requested. Village may choose to authorize smaller sized for residents generating less refuse. Contractor shall provide in Bid Proposal the cost corresponding with smaller size roll out carts Contractor will allow in addition to the 95-gallon rollout cart up to an additional three bags of refuse placed next to said cart each week of pickup Christmas trees shall be collected and disposed of by the Contractor from December 26 th through January 31 st Residential Recycling Collection and Containers Contractor shall collect all residential (approximately 538 homes) recycling at the curb and/or common property pickup points as designated by the Village Residential units shall be picked up, at minimum, bi-weekly on the scheduled day (Tuesday) or days between Monday and Thursday Contractor will provide a water tight, 95 gallon roll out cart with attached lid to each residential customer, subsequent new customers, and future replacements as needed and requested. 11

12 4.03 Bulk Collection Service Once a month, the Contractor shall collect and properly dispose of one bulk item or large/oversized rubbish for any residential customer The Contractor shall designate the same day and week of each month and may provide service in conjunction with weekly scheduled trash and garbage collection services. The Contractor may stipulate customer call in to allow for proper planning of such service Bulk items shall include furniture, mattresses and box springs, carpeting, properly bundled building materials, stoves, washer, dryers, refrigerators (certified Freon free), air conditioners (certified Freon free), and other similar household items and appliances Call in and as needed bulk items will be billed by the Contractor to the customer Contained Leaf Pickup (October 15 th through November 30 th ) Each fall, the Contractor shall provide weekly, scheduled leaf collection services to all residential customers between October 15 th and November 30 th Contractor shall commence weekly pickup of all residences on Monday. No more than two days per week should be utilized All leaves shall be placed by residents at the curb/roadside in biodegradable paper or plastic bags. Contractor shall pickup all properly placed and contained leaves from each resident The Contractor shall comply with all State of Michigan Department of Natural Resources/Environment rules and requirements in respect to proper disposal, transport and vehicular requirements, and approved disposal sites Contractor will provide Village with an Annual Report on forms provided by the Village if required. Forms will specify the amount of leaves collected by Contractor and deferred from being deposited in a Landfill. 12

13 4.05 Village owned facilities and Parks Contractor shall provide to the Village free of charge collection of weekly refuse from Village owned buildings, facilities and parks. Village has approximately four (4) four (4) yard dumpsters Pickup shall be scheduled and completed once per week, preferably on the same day as residential pickup Village reserves the right to delete and add dumpsters to list as needed Contractor will provide to the Village free of charge no greater than five (5) 30 yard roll off containers (or equivalent size total) to be used for the Village Spring Cleanup. Village will call and schedule roll off delivery at least two weeks prior to Cleanup. 5.0 Contractor Operation and Performance 5.01 Legal Conditions All bidders shall comply with all applicable state and Federal solid waste laws and other applicable laws, rules and regulations promulgated there under also the applicable provisions of the Code of Ordinances and State of Michigan Grants for the Village of Cassopolis and the rules and regulations promulgated there under, and the rules and regulations of the County of Cass, State of Michigan, as amended Hours of Collection Collection shall not start before seven (7:00) a.m. (local time in Cassopolis, MI) and shall end by six (6:00 p.m.) of that same day. Contractor may request consideration for Special Exception through the Village Manager or his/her designee. Written permission must be received before such exception is implemented by Contractor Scheduled Service Days the Contractor shall not schedule normal Residential Services on Friday, Saturday, Sunday or Village Holidays without the approval of the Village Village Holidays Refuse shall not be collected on Village Holidays. For the purposes of this Contract, Village Holidays are: New Years Day, Martin Luther King Day, Presidents Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day. When scheduled collection service days fall on Village Holidays, the Contractor shall designate the following day of the week to provide the missed collection services. If a Holiday falls on a scheduled Tuesday, the designated day will be Wednesday. 13

14 5.05 Closed Streets Collection service shall not be discontinued due to closed streets due to construction or for an unforeseen emergency Routes and Schedules The contractor shall provide the Village with schedules of collection routes and keep such information current at all times. For temporary route or time changes to accommodate collections on holidays, the Contractor shall notify the Village of proposed changes at least two weeks in advance. The Contractor will make efforts to communicate the temporary changes to the customers. All other changes in routes or collection schedules and/or changes of a permanent nature shall be made only after a formal request to the Village and the Village s approval and response at least thirty (30) days in advance of the proposed change. If the Village approves the requested change(s), the Village will publicize the new schedule, but all costs to publicize the change will be borne by the Contractor and deducted from the payment due to Contractor in the next monthly billing cycle Collection Disturbances The contractor shall make collection of garbage and trash with as little noise and/or traffic disturbance as possible Spillage and Litter The Contractor shall not litter premises in the process of making collections. During handling and hauling of all solid wastes or recyclables, the waste material shall be properly contained, tied or enclosed so that leaking, spilling, or blowing waste materials are prevented. In the event of spillage by the Contractor, the Contractor shall promptly clean up the litter or be subject to a $50.00 fine per street on which an incident occurred. Fine shall be charged by the Village or will be deducted from the payment due to Contractor in the next monthly billing cycle. The Contractor shall not be required or liable for spillage of any waste material not handled by the Contractor Customer Complaints Contractor shall provide a toll-free number to receive and properly address customer complaints regarding service. The telephone number shall be manned from Monday through Friday from 8:00 a.m. through 5:00 p.m. Additionally, the Contractor shall designate, by name, a customer service representative who shall be the primary interface between the Department of Public Works Superintendent (representing the Village) and the Contractor for all customer service issues or complaints received by the Village pertaining to the services provided by the Contractor. Contractor will provide written response to specific complaints if requested by the Village Manager. Further, if the complaint involves allegations of inappropriate behavior by a Contractor employee or agent, then the Contractor shall submit a written report to the Village, within three (3) days of the complaint, describing its investigation and its results, including any disciplinary action against the employee or 14

15 agent. In case of dispute between the Contractor and an individual customer, the Village Manager or his designee shall be the final arbiter Damage Claim Processing Contractor shall endeavor to resolve all third party claims within 60 days of receipt of written notice of claim. Contractor shall provide the Claimant with a written acknowledgement of receipt of a claim within 15 days of its receipt with a copy of this to the Village Manager. Contractor shall provide the Village with a written statement of the status of all claims every 15 days until all claims are resolved. Contractor shall also provide the Claimant a written status report of their claim within 30 days of receipt of claim and every 15 days thereafter until resolution of claim. Copies of all status reports shall also be provided to the Village Service - New and Discontinued The Contractor shall commence service at any residential location within the Village of Cassopolis immediately upon receipt of notification by the Village. The Contractor shall discontinue collection service at any location within the Village immediately upon receipt of notice by the Village to do so Accessibility of Service All waste containers or loose, bagged trash at residences shall be readily accessible to the Contractor crews. All waste containers at containerized residential sites shall be readily accessible by the collection vehicles. Sites or locations that are non-accessible to the Contractor s crew or vehicles shall be subject to special rates negotiated between the Contractor, the Customer, and the Village. Employees of the Contractor shall not be required to expose themselves to the danger of vicious animals to perform duties specified in this Contract. The Contractor shall immediately notify the Village of any incidents of vicious animals or other impediments that preclude the Contractor to efficiently or effectively perform Contractual work Contractor Non-Performance and Penalties Contractor shall be deemed to have failed to make collections provided in the Contract when it fails on any collection day to collect and remove Refuse and other materials as obligated under this contract to collect, from less than one hundred percent (100%) of the eligible households ordinarily and normally receiving collection services on such collection day. If Contractor has collected residential refuse and other materials from less than one hundred percent (100%) of the eligible households on such collection day, Contractor shall pay or credit to the Village, as appropriate, the following amounts: If Contractor returns upon that same day to collect the refuse previously uncollected, there is no penalty. 15

16 If Contractor collects such previously uncollected refuse on the next day, Contractor shall pay a $ late fee. If Contractor fails to collect the refuse by this next day, then it shall pay an additional $ late fee (will be deducted from the payment due to Contractor in the next monthly billing cycle) if the Village deems necessary: The sum of $ per day for each vehicle hired or used by the Village, if the Village performs a service which Contractor failed to performs, and $ per day for each person used or employed by the Village for performing such substitute service In addition to the above penalties, if Contractor materially breached its obligation to collect refuse under its contract with the Village, or if Contractor breaches any other of its obligations, then the Village Council may by Resolution, give 72 hours written notice, and elect to terminate this Agreement. Due to the difficulty of assessing the amount of actual damages caused by a breach of the contract, the Contractor shall pay to the Village the amount of $50, equal to the required performance bond All late fees assessed per paragraph of this Section shall be deducted from the payment due to Contractor in the next monthly billing cycle and following months if necessary Disposal Site and Fees The Contractor shall dispose of all refuse and recyclables at an approved location at the Contractor s cost. All solid waste for disposal shall be hauled to a site or facility legally empowered to accept it for treatment or disposal as approved by the appropriate governing agencies. The Village Manager or his/her designee may inspect the Contractor s operations, landfill, transfer stations, composting sites, equipment, and records at any time during regular business hours, and the Contractor shall admit authorized representative(s) of the Village to make such inspections at any reasonable time and place. 6.0 Basis and Method of Payment 6.01 Charges and Rates For any services required to be performed under the terms of this Contract, the Charges shall not exceed the rates as fixed or provided by this Contract. 16

17 6.02 Contractor Billings Direct to Village The Contractor shall bill the Village of Cassopolis monthly for collection services provided for residential, village and fall leaf pickup. Bills should be rendered not later than five days after the close of the service month. The monthly billing shall list the number and location of receptacles serviced by the Contractor. The Village reserves the right to increase or decrease the number of receptacles to be serviced by the Contractor without increases in unit price. The Village shall pay the Contractor for said services not later than thirty-one (31) days after the close of the service month Contractor Billings for Residential and Recycling Collection Service The Village will bill the Residential Customers, therefore, the Contractor will bill the Village monthly for services rendered not later than five days after the close of the corresponding service month. The monthly Contractor billings shall reflect additions and deletions of addresses provided by the Village. Services for less than the full-service period shall be pro-rated accordingly. The burden of proof for disputed charges rests with the Contractor. The Village shall pay the Contractor for said services not later than thirty-one (31) days after the close of the service month Billings, Container Rental The Contractor shall bill the Village directly for all container rentals in addition to the refuse tote and recycling tote. Contractor shall provide service address for additional billings of additional totes and provide said cost for additional totes Billings Special Haul and Other Requested Services Not Provided for by Contract The Contractor shall bill all Customers directly for all special haul and other customer requested services not addressed in the terms of the Contract with the Village of Cassopolis. 7.0 Workers Compensation Insurance The Contractor shall provide and maintain adequate Worker s Compensation insurance in accordance with the laws of the State of Michigan or applicable State for all its employees for the entire duration of the contract. A certificate issued by the insurance carrier showing such insurance to be in force shall be filed with the Village prior to entering into the Contract. 8.0 Liability Insurance The Contractor shall at all times during the Contract maintain in full force and effect Employer s Liability, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of indemnity section herein for the following amounts for the duration of the Contract: Coverage Limits of Liability Employer s Liability $500,000 17

18 Property Damage Liability (except automobile) Bodily Injury Liability (except automobile) $500,000 each occurrence $500,000 aggregate $500,000 each occurrence $1,000,000 aggregate Automobile Bodily Injury Liability $500,000 each person $1,000,000 each occurrence Automobile Property Damage Liability Excess Umbrella Liability $500,000 each occurrence $5,000,000 each occurrence The policy or polices shall name the Village of Cassopolis as an additional insured and shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the Village thirty (30) days notice in writing. 9.0 Performance Bond The Contractor will be required to furnish to the Village, for the term of the Contract, a $50, Performance Bond for the faithful performance of this Contract and all obligations arising here under. The Performance Bond shall be issued by a surety company licensed to do business in the State of Michigan. Contractor will provide such bond before commencing services on May 1, Permits and Language The Contractor shall obtain, at his own expense, all permits and licenses required by law or ordinance and maintain same in full force and effect for the duration of the Contract with the Village of Cassopolis. All permits and licenses shall be submitted to the Village for inspection prior to executing the Contract Inconsistencies Any seeming inconsistency between the provision of the bid specifications or contact or any point requiring explanation must be submitted to the Village for clarification by the Bidder, in writing, at least forty-eight (48) hours prior to the time set for opening of bid proposals Modification The Instructions, Bid Specifications and Contractors Proposal with all required attachments, schedules and the Agreement (upon award of Contract) constitutes the entire contract and understanding between the Contractor and the Village of Cassopolis and shall not be considered modified, altered, changed, or amended in any respect unless in mutually agreed to in writing and signed by the parties hereto. 18

19 13.0 Notice A letter addressed and sent by the United States Postal Service first class mail to either party at its business address shown in the Contract shall be sufficient notice whenever required for any purpose in the Contract Point of Contact All dealings, contracts, notices, etc. between the Contractor and the Village shall be directed by the Contractor appropriately to the Village Manager in this Contract Assignment No assignment of any portion of the Contract or any part thereof shall be made in whole or part by the Contractor without the express written consent of the Village Indemnity The Contractor shall defend, hold harmless, and exempt the Village, its officers, agents, servants, and employees from all claims, demands and rights of action of every name, nature and description whether arising under State or Federal statutes, or at common law, for injury or alleged injury to person, whether employees of the Village or employees of the Contractor or to third parties; and for damages, alleged damages to property, regardless of to whom it may belong or in whose custody it may be, arising through, on account of to whom it may belong or in whose custody it may be, arising through, on account of, or out of this agreement and the services performed herein, whether said services have been performed negligently or otherwise. Contractor undertakes and agrees that in the case of a claim of injury or damage, the Contractor will, upon notice from the Village, settle, adjust or defend the same at its sole cost and expense, and without expense to the Village and will pay any judgment rendered therein together with the costs of the court, including any other costs of attorney fees that the Village may incur in defending the Claim Interpretation of Contract Should the Contractor have any questions concerning any terms or provision of this contract, such questions shall be directed in writing to the Village Manager s attention. Any decision by the Village Manager as to the intent of the Village and interpretation of this contract shall be final Separation Clause If any clause or provision of the Contract shall be declared illegal, void, or unenforceable, the other provisions of said contract shall remain in full force and effect Bankruptcy It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, this Contract shall terminate effective on the date and time the bankruptcy petition is filed Right to Require Performance The failure of the Village at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the Village thereafter to require said performance. Nor shall waiver by the Village of any breach of this contract be a waiver of any succeeding breach of said Contract or as a waiver of any provision of said Contract. 19