REQUEST FOR PROPOSAL FOR CURBSIDE TRASH, YARD WASTE AND RECYCLING, TRANSPORTING AND PROCESSING SERVICES

Transcription

1 REQUEST FOR PROPOSAL FOR CURBSIDE TRASH, YARD WASTE AND RECYCLING, TRANSPORTING AND PROCESSING SERVICES for the CHARTER TOWNSHIP OF SHELBY MACOMB COUNTY, MICHIGAN Contact Person: Theodore P. Schoenherr, Director Department of Public Works Mile Road Shelby Township, Michigan Phone: (586) This Request for Proposal is composed of 24 consecutive pages. 1

2 CHARTER TOWNSHIP OF SHELBY REQUEST FOR PROPOSAL FOR CURBSIDE TRASH, YARD WASTE AND RECYCLING, TRANSPORTING AND PROCESSING SERVICES to Commence July 1, 2012 I. Purpose, Background, Intent and Scope of Service. A. Purpose of Request for Proposal (hereafter RFP ). The Charter Township of Shelby (hereafter Township ) is soliciting proposals from qualified firms interested in providing curbside trash, yard waste and recycling collection, transporting and the processing of recycled materials beginning July 1, 2012 for an initial contract term of three years, with an option for the Township to extend it for an additional three years. The rates for all six years are to be agreed upon before July 1, B. Background. The Township, population approximately 72,000, is roughly 36 square miles in area, located in Macomb County, Michigan. Under its Single Waste-Hauler Ordinance 1, the Township currently contracts for weekly curbside trash, yard waste and recycling services 2 to approximately 18,950 single family residences via a contracted vendor. The Township is governed by a seven member Board of Trustees. For the purposes of this RFP, the Township will consult with its Solid Waste and Recycling Committee. All deliberations of the Township are conducted pursuant to the Michigan Open Meetings Act. 3 The Township currently incorporates a curbside trash, yard waste and recycling system that use separate bins for household trash; yard waste; and recyclable materials. These bins are furnished to single family residences by the Contractor. C. Intent. The Township s intent and the requirements of this RFP are to provide its citizens with the appropriate level of service, at the best price and with the highest quality. The specifications contained within this RFP document are designed to establish an effective, efficient, uniform and safe system of solid waste (household trash), yard waste (lawn clippings, leaves, foliage, tree branches, holiday trees, etc.) and recycling services that provides for the following intended purposes: 1. Establish and maintain a continuous and uniform level of trash, yard waste and recycling services in order to assure protection of the health, safety and welfare of the community. 2. Provide trash, yard waste and recycling services in a coordinated manner, through a routing system that will maintain or improve current trash, yard waste and recycling services, while minimizing impacts to service rates. 1 click Township Code of Ordinances and see Chapter 62 Solid Waste. 2 See Pages 8 & 9, Section 2. Services Required, Paragraph B. Recyclable Materials described. 3 Public Act 267 of 1976, MCL , et seq, as amended. 2

3 As the successful Bidder shall be required to furnish all labor, materials and equipment necessary to do all the work required under the Contract, it is the sole responsibility of the Bidder to carefully and independently investigate, calculate, be responsible for the prices they quote and if they are accepted, they shall be binding upon the Bidder. 1. Scope of Services. The selected firm will be required to provide all of the services described in this Request for Proposal, and in the attached Service Description and Specifications, Proposal Form and Contract (all four collectively referred to as Documents ). Should any conflict arise over the terms, conditions or interpretation of any part of any of the Documents, the Township shall solely and conclusively decide the one, true and correct term, condition or interpretation. II. Proposal Requirements. A. Required Response Format. Each reply to this Request for Proposal ( Response ) must be signed by an officer of your firm, indicating that the Response is valid for 120 days and that the officer is legally able to contractually bind your firm. A cover letter should summarize your proposal s key points and include all of the following: 1. Firm Qualifications. a. Provide information describing your firm s financial condition. Include in such description, where applicable, the credit rating of your firm s parent entity or related subsidiaries that would provide services under this RFP. b. Describe any relevant changes in your firm within the past year, or anticipated changes, that may affect your capability to perform the services being requested. c. Identify five references from similar sized governmental entities where your firm has performed similar services. Include contact information for each. d. A detailed statement of experience in municipal solid waste, recyclable material and yard waste collection and disposal. e. Storage, maintenance and staging facility and office locations. f. Proof of ability to meet the Township s insurance requirements. g. A statement of your safety and environmental record for the past 5 years. h. A violation record concerning past and pending civil claims and criminal investigations, as well as prior judgments and determinations against the firm and its affiliates within the last ten years of the following types of laws, regulations or ordinances which are under the jurisdiction of various departments of the State of Michigan: i. Environmental: Natural Resources, Solid Waste Division; ii. Safety: Occupational Safety and Health Department; iii. Health: Occupational Safety and Health Department; iv. Price Fixing: Michigan Attorney General; v. Anti-Trust: Michigan Attorney General; vi. Fraud: Michigan Attorney General. 2. Staffing Plan. a. The names and addresses of all owners, partners (registered and silent), officers and/or shareholders or other persons financially interested in this proposal. For purposes of this disclosure, the Bidder should include the actual company submitting the bid, its authorized agents, its officers, directors and all 3

4 equity holders owning or controlling 10% or more of either the financial or voting interest of the Bidder. b. The names, titles, and roles of each key office staff member of the team that will be designated to work on this project for your company. Indicate which person or position will serve as the day-to-day contact for the Township. c. The location, address, and contact information for the office that will provide the services to the Township. 3. Firm Approach. a. Discuss how your firm will be able to provide the services to be performed making all collections any combination of Monday Friday with catch-up day for a missed pickup to follow the assigned collection day. The Township welcomes and will consider creative and innovative alternatives to the current trash, yard waste and recycling system, when those methods can be shown to provide cost savings and/or overall improvements in the current trash, yard waste and recycling system. b. Describe how you will provide each single-family residence with a new 95 gallon capacity wheeled cart with a hinged lid and marked with a recycling logo for recycling use with structure similar to the presently used 95 gallon carts for trash and yard waste. c. Describe how you will be able to provide a recycling incentive reward program for the curbside recycling program. d. Describe how you plan to deal with a notification system (phone/ ) to residents for service day changes, such as change in day due to holidays and inclement weather. e. Provide information if you have a trash pick-up with recycling program for condos. 4. Proposed Rates. A completed copy of the Proposed Rates found on page Billing Responsibility. a. Describe any collection practices you propose to use for delinquent accounts, including service interruption and restart fees, and any penalties and/or interest you will charge delinquent accounts. (Delinquent accounts are added to the County Tax Roll for collection.) b. Describe any direct deposit, credit card, debit card, automatic payment program or incentive program you have for advance payment. c. Disclose any conflict or potential conflict of interest that your firm may have concerning this engagement with the Township. 6. Non-Collusion Affidavit Required. The Township prohibits collusion, defined as a secret agreement for a deceitful or fraudulent purpose. The attached Non-Collusion Affidavit (found on page 23) must be completed and returned with your Response. 7. Miscellaneous. a. A set of specifications and drawings describing collection containers in detail that are compatible with containers currently in use. b. A list of the vehicles you propose to use to perform under the Contract, stating the make, model and year of manufacture of each. c. Any additional issues you wish to address. 4

5 B. Mandatory Pre-Proposal Meeting. A mandatory Pre-Proposal Meeting will be held on February 17, 2012, at 1:00 p.m., at the Department of Public Works (6333 Twenty Three Mile Road Shelby Township MI in the DPW Conference Room. Bidders whose designated representative(s) do not attend the Pre-Proposal Meeting will not be allowed to continue in this RFP process, and their proposals, if submitted, shall be disqualified. If a joint proposal is to be submitted, a representative from each firm with a substantial interest (representing more than 33 percent of the total interest) must attend the Meeting. C. Submittal Requirements. Your Response must be timely, sealed, and also include: 1. A Bid Bond executed by a surety company licensed to do business in the state of Michigan acceptable to the Township, or a bank check, payable to the Charter Township of Shelby in the amount of $100, This Bid Bond will serve as a guarantee on the part of the Bidder that it will, if called upon to do so, accept and enter into the contract to perform the work covered by their proposal at the rates and on the terms and conditions contained therein. These checks and Bid Bonds shall be returned promptly after the Township and the selected Bidder enter into the Contract; or, if no proposal has been selected, on or before July 5, 2012, except that the selected Bidder s Bond shall be converted to a performance bond at the option of the Township. 2. Ten copies of a complete Response to this RFP, with the required Bid Bond or check payable to Charter Township of Shelby, must be labeled as indicated below and mailed or hand delivered for receipt no later than 4:00 p.m., on Monday, March 5, 2012 to: Charter Township of Shelby Clerk s Office - Waste Hauling RFP Van Dyke Avenue Shelby Township, MI D. All Proposals Binding. Every sealed Response ( Proposal ), Bid Bond or check, once received by the Township shall be and remain binding upon the Bidder and may not be withdrawn or revoked by the Bidder until after the of the award of a contract by the Township, but in no event later than July 1, E. Joint Proposals. Although not preferred, two or more Bidders may develop a joint proposal, but full disclosure and all details of any such arrangement must be made in their Response to this RFP. All information required of any Bidder, shall be required of all who are a party to a joint proposal. F. Imputed Knowledge. The submission of a proposal shall be a representation that the Bidder has carefully investigated all conditions that now or hereafter could affect their ability to perform as offered and that the Bidder is familiar with all relevant laws, ordinances and regulations that may affect their ability to perform. III. Response Evaluation, Schedule and Other Matters. A. Response Evaluations. Each Response will be evaluated based on the following criteria, not listed in any order of importance: 1. Firm s proven ability with similar projects. 2. Expertise of key personnel to be assigned to the contract. 3. Firm s proven ability to provide innovative, cost-effective service. 4. Firm s proven track record of responsiveness to deadlines. 5

6 5. Firm s proven track record of quality of performance. 6. Firm s capability to perform as currently structured. 7. Firm s cost proposal. B. Final Ranking and Selection. The Township Solid Waste and Recycling Committee ( Committee ) will make a recommendation to the Township Board of Trustees naming the Bidder whose proposal they determine to be the most advantageous to the Township. Final award of contract shall be in the sole discretion of the Township Board of Trustees. C. Presentations. The Township retains the right to create a shortlist and invite Bidders who make the list to deliver a presentation of their proposal. D. Negotiations. The Township retains the right to make an award based on initial proposals without negotiations. However, as may be deemed in the best interest of the Township, one or more elements of one or more proposals may become the subject of negotiations. Not all Bidders may be invited to negotiate. E. Best and Final Bidder. The Township reserves the right to select a Bidder solely based upon their written proposal, without further discussions. Should the Township determine that interviews would be in the best interest of the Township, it shall establish a schedule for conducting them and will notify the Bidders selected. When in the best interest of the Township, qualified Bidders may be allowed to revise their proposals and submit a best and final proposal. F. Timetable. The timetable of events in this process shall be: Post RFP Announcement... February 8, 2012 Mandatory Pre-Proposal Meeting... February 17, :00 pm Response Deadline... March 5, :00 pm. Award Contract.April 17, 2012 Start Date for Contractor... July 1, 2012 The above timetable may be amended as the Township determines. G. Other Matters. 1. Changes in the RFP. Any change in this RFP will be transmitted simultaneously to all Bidders who have attended the Township Pre-Proposal Meeting. 2. Verbal Agreements. No verbal agreement or conversation with any officer, agent, or employee of the Township, either before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in the Contract. Any such verbal agreement or conversation shall be considered as unofficial information and in no way binding upon the Township or the Contractor. 3. Clarifications. Bidders are notified to examine thoroughly the instructions, specifications and the service requirements as set forth in this RFP. All inquiries related to this RFP may be made to Township DPW Director, Theodore P. Schoenherr at (586) or at tschoenherr@shelbytwp.org. 4. Reservation of Rights. The Township reserves and holds at its discretion the following rights and options: 6

7 a. Issue addenda to this RFP, including extending or revising the timeline for submittals; b. Withdraw this RFP c. Request clarification and/or additional information from the Bidder at any point in the procurement process; d. Execute a Contract on the sole basis of the original proposal, or any additions to proposal submissions; e. Reject any or all proposals, waive irregularities in any proposal, accept or reject all or any part of any Proposal, waive any requirements of this RFP, as may be deemed to be in the best interest of the Township; and f. Re-issue the RFP or modify the RFP at any time, for any reason. In order to be considered, complete Responses must be received in sealed envelope(s) by the Township on or before the date and time specified. Firms mailing Responses should allow normal mail delivery time to ensure timely receipt by the Township. Proposals received after the stated time shall not be considered. No fax or transmittals will be accepted. IV. Disposition of Proposals. All materials submitted in any Response to this RFP will become public property of the Township upon receipt. SERVICE DESCRIPTIONS AND SPECIFICATIONS Section 1. Definitions. The following terms, words and phrases, and their derivatives, as used in the RFP, Proposal Form, Contract or these Service Descriptions and Specifications, all herein referred to as "Contract Documents", shall have the following meanings and applications: Building Refuse: Shall mean waste materials from the demolition, construction, remodeling and repair operations on residences, a small amount of which shall be accepted by the Contractor as the normal amount of refuse from households if the quantity does not exceed sixty (60) pounds in weight or one (1) bushel in volume, or if any piece is no longer than four (4) feet in length. In greater quantity, it shall not be regarded as building refuse but as construction debris and shall be removed by a building or demolition company employed by a resident or by the resident themselves. Bulk Items: Large pieces of furniture, bed springs, mattresses, appliances and other discarded materials incidental to the usual major routine of housekeeping, including, but not limited to, washers, dryers, air conditioners, microwave ovens, humidifiers, dehumidifiers, stoves, refrigerators, hot water heaters, carpets and pads, furniture, storm doors and windows (provided all glass is removed, broken and placed in a sealed container for pick-up) lawn furniture, fence parts or sections no larger than 3' x 8', and similar household rubbish, but excluding tree branches or logs exceeding four (4) feet in length or six (6) inches in diameter, stumps, large parts of cars, dirt, building materials, bricks, concrete blocks, railroad ties and landscaping timbers; provided, however, incidental and reasonable quantities of such materials shall be considered a bulk item if reduced to smaller dimensions and placed in containers not exceeding weight limitations. Christmas Trees: Trees used for decoration to celebrate the Christmas holiday. Construction Debris: Shall mean non-hazardous wastes generated from construction and demolition activities, including but not limited to concrete, asphalt, wood, metal and plaster. 7

8 Contractor: Shall mean the designated waste hauler, per Section of the Code. County: Shall mean the County of Macomb, State of Michigan. Field Supervisor: An employee of the Contractor to oversee the collection of waste in the field. Household Hazardous Waste: Any household waste material customarily generated by a single-family home that may be described as ignitable, reactive, corrosive or toxic, or other such materials as defined by Act 451 of the Public Acts of 1994, as amended, (hereafter referred to as Act 451 ) including both wet and dry cell batteries, medications, mercury containing devices (thermometers), fluorescent light bulbs and electronics (computers & television). Household Waste, Mixed Waste, Solid Waste, Curbside Trash, or Household Trash: May be used interchangeably, meaning a mixture of solid waste and recyclable materials, excluding yard waste. RRF: Resource Recovery Facility. Single-family Site of Generation: A single-family generation site as defined in Section of the Code, as amended, and to include all such sites presently serviced, or later established. Tipping Fee(s): Fees charged on a cubic yard or weight basis by the operators of landfills, incinerators, compost facilities and RRFs for disposing of or processing materials collected under the Contract. Unit Rate: The monthly rate or fee charged by the Contractor for the various collections, processing and disposal services described herein and prorated on a unit basis per each single-family site of generation. Terms, words and phrases not otherwise specifically defined herein shall have the meanings ascribed to them by the Code of Ordinances of the Charter Township of Shelby, as amended, in general, and more specifically, Chapter 62 of same, as amended (hereafter the Code ). Section 2. Services Required. Pursuant to Chapter 62 of the Code, which shall supercede where in conflict with any of the Contract Documents, the Contractor, at the request of an occupant of a single-family site of generation or the Township DPW Director ( Director ), shall provide the following services to such single-family Sites of Generation within the Township: A. Mixed Waste Collection and Disposal. Once a week collection, transportation and disposal of all mixed waste placed at curbside from the single-family site of generation. This service includes the collection and disposal of bulk items and Christmas and other ornamental trees. The Township encourages the Contractor to participate with a disposal site by having trees composted. Bulk item collection and disposal is not a separate unit rate item and is to be included in the unit rates for collection and disposal of Mixed Waste. The Contractor shall collect and dispose of all bulk items from all participating single-family sites of 8

9 generation on a weekly basis on the same day of the week as the other materials are collected. B. Recyclable Materials. The collection, transportation and disposal of recyclable materials placed in container to be supplied by the Contractor for that purpose, and placed at the curbside by single-family sites of generation on the same day as the collection of mixed waste. The curbside recycling program shall include paper (newspaper, cardboard, telephone books, magazines, box board, and junk mail), glass containers, metal containers (tin and aluminum), plastics (Nos. 1-7), and such other materials as the Township and the Contractor determine to be recyclable. Other items that the Township and the Contractor agree upon that are recyclable may also be included. All collected recyclable materials shall be delivered to a RRF for processing and marketing. Recyclable materials may be collected separately but on the same day of the week as the other materials are collected. C. Yard Waste. Once a week collection, transportation and disposal of yard waste placed at curbside by single-family sites of generation and dispose of the material in accordance with Act 451. There shall be no limitation on the number of containers participants are permitted to place at the curb. Yard waste may be collected separately but on the same day of the week as the other materials are collected. Single-family sites of generation are required to prepare yard waste for disposal in accordance with the Code. This portion of the Contract shall be bid on the basis of providing for the collection, transportation and disposal of materials to an approved disposal site. Disposal fees for all materials collected shall be the responsibility of the Contractor. D. Containers for Recyclable Materials. The Contractor shall furnish a new 95 gallon wheeled cart with hinged lid and including a recycling logo to each single-family site of generation serviced under the Contract. The cart shall be comparable with the existing 95 gallon carts used for mixed waste and yard waste. The bidders shall provide a set of specifications and drawings describing the container in detail. Neither the Contractor s name nor the Contractor s logo may appear on the container. E. Container Replacement/Warranty. All containers shall be warranted for the length of the contract to be free of defects. Repair or replacement of any container during that three year period shall be at the Contractor s sole cost and expense. After the first three years of use, replacement of any curbside trash, yard waste, or recyclable container damaged due to Contractor negligence shall be repaired or replaced by Contractor. Replacement of any curbside trash, yard waste or, recyclable container deemed by the Director to have been damaged due to customer negligence shall be repaired or replaced at the customer s expense. Should a question arise as to whether or not an object or material to be collected falls under the terms of the Contract, the Director or their designated representative shall make the final decision. The Contractor shall be responsible for disposal of all collected bulk items in accordance with Act 451 and all other applicable federal, state and local laws, regulations and ordinances. 9

10 The Township has adopted ordinances regulating the placement of mixed waste, recyclable materials and bulk items at the curbside by single-family sites of generation. The Contractor shall provide a documented and detailed account to the Township, on a quarterly basis, of all materials collected and the proceeds and or expenses brought about by the marketing of recyclable materials. Section 3. Other Services Required. The Contractor shall provide the following additional services: A. Household Hazardous Waste Program. Once each year, on a Saturday selected by the Township, the Contractor will set up and conduct a Household Hazardous Waste Program for the residents of the Township. The Township will make available a site for this event. Details of the proposed program shall be supplied as part of the Response. The Contractor shall provide all necessary labor (chemists, technicians, laborers, etc.) necessary for the receipt of, identification of, and labeling of, household hazardous materials and completion of all required manifest forms. The Contractor shall be responsible for setting up and breaking down the Household Hazardous Waste Program, obtaining appropriate permits and transporting all hazardous materials received to a properly licensed and permitted hazardous waste disposal facility. The Contractor shall act as generator of all hazardous material collected under this program for the purpose of completing manifest forms, and shall assume all related responsibilities and obligations. All costs and expenses related to this program shall be at the expense of the Contractor. B. Dumpster Service for Municipal Buildings and Facilities. The Contractor shall provide complimentary dumpsters at the request of the Township to all of its buildings and facilities now or hereafter placed into service, during the term of the Contract and any extensions thereof, and shall remain responsible for the ongoing maintenance of the dumpsters. Dumpsters shall be kept in good and safe condition at all times, freshly painted with the Contractor's name and logo on each. C. Recyclable Materials at Municipal Buildings and Facilities. Upon the Township s request, the Contractor shall also provide for the collection, transportation and disposal of recyclable materials from the Township s buildings and facilities, now or hereafter placed into service, during the term of the Contract and any extensions thereof in accordance with the service provided under service descriptions for single-family sites of generation. The Contractor shall bill the Township for services rendered in accordance with the unit rate for single-family sites of generation for each separate municipal building or facility. D. Cleanup Assistance - Packer, Driver and Laborer. Once each year, the Township may choose to conduct a cleanup program of parks, open spaces and road rights-ofway. Material resulting from this spring cleanup program, typically brush, litter and miscellaneous rubbish, is placed at the curb or roadway edge for pickup. Collections of the material may require the assistance of the Contractor. The Contractor shall provide such assistance at no additional cost to the Township. Such assistance shall require a 10

11 packer, driver and laborer. Disposal of the material collected shall be at no cost to the Township. E. Refuse Removal For Non-Contract Waste. A property owner needing to arrange for the removal of Non-Contract waste will be instructed to contact the Contractor. A company representative shall meet with the property owner at the property where the material is stockpiled. The Contractor shall provide the property owner a price quotation for all costs associated with the removal and disposal. The property owner shall sign a form authorizing the Contractor to remove the material and bill the property owner directly the price quoted. Section 4. Administrative Specifications. A. Sites of Generation Counts. The number of single-family sites of generation within the Township may change during the life of the Contract. On January 1, 2012, the estimated number of single-family sites of generation was 18,950. The Contractor shall provide service to each single-family site of generation that is now or later occupied during the term of the Contract and any extensions to it. The Township will provide a list of the sites of generation to be serviced under the Contract. Collection from new single-family sites of generation shall start on the first scheduled collection day following the date the service is requested. B. Contractor's Compensation. Compensation for the Contractor shall be governed by Section of the Township Code of Ordinances, as amended. The Contractor shall bill single-family sites of generation on a quarterly basis in accordance with the unit rates of the Contract. The sole basis of compensation for services provided to single-family sites of generation shall be the payments made by the occupants of single-family sites of generation. No payments will be made by the Township for services rendered to these sites. C. Private Agreements. The Township does not anticipate the need for any private agreements between the Contractor and any single-family site of generation. D. Employee Compensation. The Contractor shall pay its employees an amount not less than the federal minimum wage and to abide by the requirements of the Fair Labor Standards Act, as amended. E. Disposal Site. The Contractor shall dispose of all mixed waste, recyclable material, yard waste and bulky items collected for the duration of the Contract in accordance with the requirements of Act 451. The Contractor shall secure any and all permits, licenses, privileges or rights of any nature whatsoever necessary for the collection and disposal of waste material from the appropriate governmental agencies. The Contractor shall abide by all rules and regulations that are imposed by any authorized agency or unit of government. The Contractor shall be responsible for paying all disposal fees and other financial obligations for all materials collected and disposed of at the disposal facilities. 11

12 The Contractor shall make all arrangements necessary for any short term storage of all waste materials collected. Disposal sites used must operate in accordance with Act 451, and any regulations promulgated pursuant thereto. Each Bidder shall provide the Township with the operating license of each of the disposal site(s) to be utilized prior to the award of the Contract. In the event it becomes necessary for the Contractor to change the disposal site(s) during the term of the Contract, the Contractor shall notify the Township in writing of said change and submit documents verifying that the site(s) meet the requirements of Act 451. A copy of the facility's license shall be submitted to the Township upon demand, without delay. F. Insurance and Bond Requirements. 1. Insurance. The Contractor shall procure and maintain during the term of the Contract, Property and Casualty insurance coverage in the minimum amount of One Million Dollars. The Township shall be named as additional insured, on this policy and all other insurance coverage maintained by the Contractor. 2. Bid Bond. Each Response must be accompanied by a Bond executed by a surety company licensed to do business in the state of Michigan acceptable to the Township, or a bank check, payable to the Charter Township of Shelby in the amount of $100, This Bid Bond will serve as a guarantee on the part of the Bidder that it will, if called upon to do so, accept and enter into the Contract to perform the work covered by their proposal at the rates and on the terms and conditions contained therein. This security shall be returned promptly after the Township and the selected Bidder sign the Contract. 3. Performance Bond. The selected Bidder shall be required to keep a One Million Dollar Performance Bond, approved by the Township s Attorney, in full force and effect during the entire term of the Contract and any extensions of it. G. Contractor's Failure to Perform. In the event the Township determines that the Contractor has failed to perform under the Contract with regard to the work required on a timely basis, perform the work with sufficient personnel and/or sufficient or proper equipment in order to assure the proper performance of such work, or with regard to any other material term or condition of the Contract, after the Township has given written notice to the Contractor to cure the violation within 30 days, the Township shall be entitled to take the following action: 1. If the violation constitutes the first uncured violation, or the first failure to cure a violation within those 30 days, and the same has not resulted in damage to person or property, the Contractor shall pay the Township, as liquidated damages, the sum of $ If the Contractor has previously had one or more uncured violations or one or more failures to cure a violation within those 30 days, and there is an additional uncured violation or failure to cure a violation in a timely manner, and/or, if any violation or failure to cure a violation has resulted in damage to property, the Contractor shall pay to the Township a sum equal to the amount necessary to compensate for any damage to property, and, in addition, pay to the Township, as liquidated damages, the sum of $

13 3. If the Contractor is found to be in violation of any of the terms of the Contract, and if the violation has resulted in personal injury to one or more persons, the Contractor shall pay to the Township, as liquidated damages, the sum of $25, and in addition, the Township may terminate the Contract. This provision shall be in addition to any other remedies provided for under the Contract or provided by law. In the event the Township shall determine, in its discretion, that serious and irreparable harm and damage is likely to occur to person or property, or that an impairment or pollution of the environment is likely to occur, the Township is authorized to give any reasonable directive to the Contractor, and such directive shall be deemed to be a term of the Contract with the view of avoiding serious and irreparable harm and damage and avoiding an impairment or pollution of the environment. In carrying out each of the provisions of this section of the Contract, the Contractor shall be afforded a hearing by the Director or his/her designate, prior to any determination being made. For each failure to make a collection from a site of generation in accordance with the schedule of collections where correction of such occurrence is not made by twelve o'clock noon the following day, the Township may assess the Contractor the sum of Thirty-Five Dollars, as liquidated damages suffered by the Township; provided, however, if the failure to make a collection is the result of flood, extremely icy, hazardous conditions of streets and roads, making it impossible to move equipment over the same, or any other act of God, such breach shall be waived by the Township, and no assessment of liquidated damages shall be made. Complaints of this nature will be referred to the Contractor who shall remedy the condition by twelve o'clock noon the following day. H. Assignment. No assignment or subcontracting of the Contract or any part thereof shall be made by the Contractor without the written consent of the Township. The determination as to whether to grant consent shall be in the sole and exclusive discretion of the Township. No assignment, subcontract or transfer of the Contract, whether approved by the Township or not, shall be construed as making the Township a party to such assignment or transfer or subject the Township to liability of any kind to any subcontractor, assignee or transferee. No subcontract, assignment or transfer of the Contract shall under any circumstances relieve the Contractor of its liability and obligations under the Contract and all transactions with the Township must and shall be through the Contractor, unless otherwise agreed in writing by the Township. I. Laws and Regulations to be observed. The Contractor shall at all times observe and comply with all Federal and State laws, local ordinances and rules and regulations related thereto. The Contractor shall indemnify and save harmless the Township, its officers, officials, representatives, agents and employees against any claim of liability arising from or based on the violation of any such law, ordinance or regulation whether by the Contractor, its employees or any approved subcontractors. J. Public Convenience and Safety. The Contractor shall at all times observe the ordinances of the Township affecting those engaged in the work to be done under the Contract; and the Contractor hereby expressly binds itself to indemnify and save harmless, the Township, its 13

14 officers, officials and employees from all suits, claims or actions of every manner and description brought against the Township for or on account of any injuries or damages received or sustained by any party or parties from the acts, errors, omissions or negligence of the Contractor, its agents or employees including subcontractors in doing the work herein contracted for or by or in consequence of any negligence regarding the same or in any improper materials or equipment used in its performance or by or on account of any act or omission of the said Contractor or on account of any claims of amounts arising or recovered under the Workers' Compensation Law. This indemnity and hold harmless requirement shall include the payment of all costs and expenses, including actual attorney fees, incurred by the Township, its officers, officials or employees, and any and all damages or other monies payable. K. Township Not Liable For Delay. In no event shall the Township be liable or responsible to the Contractor or to any other person for or on account of any stoppage or delay of the work herein provided for by injunction or other legal or equitable proceeding, or from or by on account of any delay for any cause over which the Township has no control. L. Taxes. The Contractor shall pay all Federal State and local taxes including, but not limited to, property taxes, sales taxes, social security taxes, and income taxes, which may be chargeable against the labor, material, equipment, real estate or any other items necessary in performance of the Contract. M. Contractor. The Contractor shall in all respects be an independent Contractor as to the work to be done under the Contract, notwithstanding in certain respects the Contractor is bound to follow the direction of the Township and that the Contractor is in no respect an agent, servant or employee of the Township. Section 5. Operational Specifications. A. Collection Trucks and Equipment. The Contractor shall make all collection of mixed waste, recyclable material and yard waste and shall transport same to the disposal location, in and by the use of modern, sanitary, collection vehicles. The Contractor shall provide a sufficient number of properly licensed collection vehicles during those periods of the year when waste collections are at peak volumes (e. g. spring, fall) to ensure that all routes are completed within the time limits set forth herein. The Contractor shall schedule a meeting with the Township in the first two weeks of September each year to discuss and decide upon the number of trucks necessary to cover fall yard waste demands based upon the good faith estimate of yard waste (e.g. leaves, foliage, etc) that will be out for collection, to ensure the timely and complete performance of this service. In addition, the Contractor shall advise the Township of its plan to provide any service beyond the anticipated yard waste pick-up cutoff date to handle any late leaf falling season. The Contractor shall provide and maintain during the entire term of the Contract a fleet of such collection vehicles and support or backup vehicles sufficient in number and capacity to efficiently perform the work and render the services required of it by the Contract. Sufficient equipment and personnel must be furnished to make one (1) complete collection of mixed waste, recyclable material and yard waste from all participating single-family sites of generation each week between the hours of 7:00am and 7:00pm, local time. 14

15 Contractor s equipment shall at all times be cleaned regularly and maintained in good condition and order. Each piece of equipment shall be assigned a number, which shall be clearly painted on the side doors of the cab along with the Contractor's name. The Contractor shall not use a name implying municipal ownership. The Contractor may use the exclusive designation "Charter Township of Shelby Waste Hauler". B. Employees. The Contractor shall employ only competent and trustworthy workers, including reliable supervisors. Should the Township at any time give notice in writing to the Contractor or his representative that the work or behavior of an employee is insolent, disorderly, careless, unobservant, dishonest, not in compliance with proper orders, or in any way a detriment to the satisfactory progress of the work, such employee shall forthwith be given written notice by the Contractor. Should the employee be involved in any further incidents, the Contractor shall immediately remove the employee from any and all work associated with the Contract. Employee uniforms shall be kept neat and clean. Employees shall not trespass or loiter, cross property to adjoining premises or meddle or tamper with property which does not or should not concern them and generally shall in all situations respect private property rights and privacy. C. Contractor Maintenance Facility. The Contractor shall identify the storage and maintenance facility, as well as the staging location, if any, in their Response. D. Waste Container Care and Replacement. The Contractor shall exercise all reasonable care and diligence in handling containers. The Contractor must exercise due care in preventing damage thereto and shall replace containers in an erect position with the lids replaced thereon, or adjacent thereto. In the event the Contractor damages a participant's container(s), the Contractor shall be responsible to replace said container(s) with one of equivalent value at Contractor's expense and within forty-eight (48) hours (excluding Saturday and Sundays). E. Schedule and Routes. The Contractor shall, prior to execution of the Contract, furnish to the Township collection schedules and routes for each section of the Township. Any changes to the initially established collection schedules and routes shall be promptly furnished to the Township. The Contractor shall, at his own expense by written notice with postage prepaid and forwarded through the United States mail or by personal delivery, notify each owner or occupant of a single-family site of generation, of the day of the week on which mixed waste, recyclable material and yard waste shall be collected and any changes to such schedule. This notice shall contain the following information: the day of the week upon which Collections will be made; the name, address and telephone number of the Contractor; the proper location for the containers pending collection, and the time of day at which containers must be so placed. F. Promotion Campaign. The Contractor shall conduct a multi-media campaign to promote the proper preparation of all materials for collection and disposal and one which encourages customers to participate in recycling at the Contractor's expense. The campaign may utilize all available resources, including, but not necessarily limited to local access cable TV, local 15

16 newspapers, direct mail, school educational programs, presentations to local non-profit service organizations, special recycling events and other innovative promotional activities. The promotion campaign should encourage cooperation, stimulate involvement, inform residents of the need for, and benefits derived from the program. The promotion campaign should advise residents of the program's specific requirements. The Contractor's promotion efforts shall advise residents of the date, time, location, purpose and requirements of the Household Hazardous Waste Materials Program. The campaign should also promote and provide information relative to the reuse of consumer products and other ways to reduce the amount of mixed waste. The promotion campaign should include information for resident participation in a recycling incentive reward program. The Contractor shall submit, as part of their Response, a timetable for implementation and an outline of the Contractor s promotion strategy. The Contractor shall provide to the Director periodic reports relative to the program's progress. The multi-media campaign shall be an ongoing effort for the duration of the Contract term. G. Collection Days and Time. The collection days and times for all services required under the Contract shall be any combination of Monday Friday and catch-up following the assigned day, in accordance with the ordinances of the Township. H. Supervisory Personnel. The Contractor shall have at least one (1) full time Field Supervisor dedicated to this collection and disposal program, whose duties shall be directly related to the efficient, coordinated collection of waste. The Field Supervisor shall be familiar with all single-family sites of generation. The Field Supervisor shall make a daily check to assure pickup as scheduled. I. Reports and Record Examination. The Contractor shall provide to the Township each month, a report quantifying all materials collected and disposed of by the Contractor showing types of materials, quantities and disposal sites. Upon request, Source of Origin reports shall be prepared by the Contractor for the Township, not more than quarterly. All load receipts and all other back-up materials shall be made available for audit by the Township and shall be provided in a readily usable format upon request during normal business hours. The Contractor will cooperate in providing the Township with information and reports reasonably required by the Township to allow the Township to determine the efficiency and effectiveness of the Single Hauler Waste Collection and Disposal Program. The information and reports may include, but are not limited to, daily quantities of collection of materials, market prices of recyclable materials, revenues from recyclable materials, and yard waste quantities diverted from the landfill. J. Containers. As a part of the unit prices charged, the Contractor shall provide the singlefamily sites of generation with one 95 gallon capacity wheeled cart with hinged lid marked with a recycling logo for curbside recycling; one 95 gallon wheeled cart with hinged lid for mixed waste disposal; and one 95 gallon wheeled cart with hinged lid for yard waste disposal, as provided below: (a) a new 95 gallon container is to be provided to each single-family site for curbside recycling; (b) New containers are to be provided to newly established single-family sites of generation; 16

17 (c) New containers are to be phased in (exchanged) to replace present containers as they wear out, all at Contractor s expense; (d) New containers are to be replaced as provided under Warranty Provisions ; and, (e) New containers are to follow the same color, style and labeling scheme, as the current containers. (f) All carts delivered shall become the property of the single-family site of generation upon delivery. K. Office. The Contractor shall maintain an office for the receipt of service calls and complaints. Such office shall be open and available for such calls Monday through Friday of each week from 8 a.m. to 5 p.m. Such office shall contain at least one (1) telephone line with an "800" number dedicated solely to the customers serviced under the Contract in the Township, listed under the name of the Contractor. The Contractor shall provide an employee attendant in such office during all hours that such office is required to be open to take care of complaints, orders for special pickup service, or to receive instructions. In the event that collection activities continue later than 5 p.m. on weekdays or at any time on a Saturday, an employee attendant will remain in service until all collections are completed. L. Complaints. All complaints concerning the collection, transportation and disposal of waste received by the Township will be logged in a memorandum form and communicated to the Contractor for immediate action. The Contractor will provide a monthly report of missed stops and complaints and certify their disposition. The Contractor shall arrange to pick up such complaints at the Township every day, Monday through Friday, between the hours of 1 p.m. and 4 p.m., and further agrees that every complaint shall be investigated by the Contractor. Notwithstanding any other provision of the Contract, the parties agree that so long as the Contractor is continuing to make good faith efforts to resolve customer complaints as determined in the discretion of the Director or designee, such complaint shall not be grounds for declaring the Contractor in default. M. Alleys and Closed Streets Service shall not be discontinued because of streets, which are closed temporarily, due to construction or for other reasons. However, the Contractor will not be required to make collections on private uncertified roads, if in the opinion of the Director the condition of the road is such as to cause damage to Contractor's equipment, the road surface, or to other private property. N. Tagging Nonconforming Containers of Solid Waste. If at any time any form of waste material is not collected because of non-conformance to Township, County, State or Federal requirements, it shall be tagged by the Contractor stating the reason the collection was not made. Tags shall be supplied by the Contractor and be uniform in nature and highly visible. Certain bulk items such as refrigerators, ice makers, window air conditioners, freezers and other appliances or items that contain chlorofluorocarbon (CFC) refrigerants shall be collected and disposed with the refrigerants removed by a licensed technician at the Contractor s expense. Contractor agrees to arrange and provide for the necessary removal at no additional charge or cost and agrees to provide written notice of this service and the reason for it with the next billing and to place a tag on items placed at curbside for pick up without the required certification. O. Compliance with Ordinance. The Contractor shall comply with all the provisions of the Code of Ordinances of the Charter Township of Shelby, as amended. 17