25-2573 Household Hazardous Waste - 2025 - 2027.pdf

Responder Name:

Street Address:

City, State, Zip:

The Muskegon County Board of Public Works invites your Procurement Level Quote for the Muskegon County Solid Waste Department. Specifications/requirements are enclosed.

The time of receipt shall be determined by the time clock stamp in the electronic Bidnet system.

Respondents are responsible for ensuring that their qualification response is stamped submitted by the deadline indicated.

No late qualification responses will be accepted.

Sincerely, Angela Gasiewski

Angela Gasiewski, CPA Finance Director

Requesting Agency Solid Waste

Solicitation Type Procurement Level Quote

Description

Deadline for Questions January 14, 2025 at 2:00 PM

Response to Questions January 15, 2025

Bid Deadline – Bid Opening

Zoom Link Bid Opening Click here for Link Pass Code: 2573

BOARD OF

PUBLIC WORKS

Darrell Paige

Chair, District 7

Kim Cyr Vice Chair, District 1

Brenda M. Moore Water Resources

Commissioner Secretary

Michelle Hazekamp

District 3

Marcia Hovey-Wright District 4

Charles Nash

District 5

Jessica Cook District 6

Jennifer Hernandez Ex-Officio Member

Leo Evans Ex-Officio Members

DEPARTMENT OF FINANCE & MANAGEMENT- PROCUREMENT • 1903 MARQUETTE AVE, SUITE A106 • MUSKEGON, MI 49442

(231) 724-6281 • FAX (231) 724-3337 • bids@muskegoncounty.net • www.co.muskegon.mi.us

To procure a provider to assist in the Household Hazardous Waste (HHW) program.

January 7, 2025

Household Hazardous Waste - 2025 - 2027 Procurement Level Quote

25-2573

January 21, 2025 at 10:00 AM EST mailto:bids@muskegoncounty.net https://us06web.zoom.us/j/84735433893?pwd=SAFmSPg7T8GOrvP0RtyoigFc6lnwFc.1

BID SPECIFICATIONS

If there are any questions regarding the following specifications, please contact the Procurement Office at the Bidnet Hub website at: https://www.bidnetdirect.com/mitn/muskegon-county

Note: The County of Muskegon reserves the right to weigh each specification as to its importance to the needs of the department.

Muskegon County Solid Waste Department

HOUSEHOLD HAZARDOUS WASTE

I. Program Background and Location

The Muskegon County Department of Public Works conducts Household Hazardous Waste (HHW) Collections to serve the population of Muskegon County. The HHW program consists of bi-monthly and semi-annual collections. The bi-monthly collections are held at a pre-fabricated safety storage building capable of temporarily storing significant quantities of HHW. The bi-monthly collections are held on the second and fourth Friday, May – October from 9 AM to 12 PM. The semi-annual collections are held in April and October as part of a Saturday collection where HHW, tires, and electronics are collected.

The bi-monthly collections are staffed by a County employee and two contracted HHW technicians who pack and store collected HHW until the safety storage facility is full. At that time a cleanout is scheduled with the HHW vendor coming to the site at 1300 Keating Avenue, Muskegon, Michigan to perform unknown identification, final packing, labeling, paperwork (transportation bills), and all other work needed to safely and lawfully transport collected materials to Treatment, Storage, and Disposal Facilities (TSDF’s) for treatment, disposal, recycling, etc.

The semi-annual collections are located next door to the permanent safety storage building at the City of Muskegon Department of Public Works parking lot at 1350 Keating Avenue, Muskegon, Michigan. The successful HHW bidder will provide all unloading, sorting, packing, identification, labeling, paperwork and all other work needed to safely and lawfully transport collected materials to TSDF’s for treatment, disposal, recycling, etc. The management of collected electronics and tires is performed by others however the HHW vendor staff are expected to assist with unloading electronics and HHW.

The bidder must be able to provide service on the fourth Saturday of April and third Saturday of October each year through 2027 (9AM – 1PM events), provide two technicians on the second and fourth Friday (9AM – 12PM from May through October), and be able to respond to empty the safety storage building within 2 weeks of the request for service.

II. Contractor Obligations – Safety Storage HHW

1. Supply two qualified HHW technicians to tactfully interface with the public, unload, sort, pack, identify, and all other required functions to safely receive and store HHW.

2. Supply the County with adequate supplies necessary for the collection and storage of HHW including, but not limited to, drums, packing materials, oil dry, gaylords, boxes, buckets, vermiculite, etc.

3. Identify unknown materials. Complete final packing of all material.

4. Accept legal generator status (by manifestation) of wastes collected and accepted for disposal.

5. Provide timely pick-up service to empty collected HHW when capacity is reached at the facility.

The contractor must have a response time of two weeks or less.

https://www.bidnetdirect.com/mitn/muskegon-county

III.

6. Provide the County with timely reporting of manifests, costs, volumes collected and final disposal methods and sites. This includes itemized billings or statements indicating waste type, volume, materials, supplies and labor involved.

7. Provide County with list of TSDF’s used by contractor.

8. Provide County with copies of applicable licenses regarding waste transport and disposal.

9. Provide County with proof of insurance meeting the requirements as stated in this RFB.

10. Contractor is prohibited from subcontracting any services outlined in this RFB except for final disposal, and as noted.

11. Provide adequate number of sufficiently trained personnel as necessary for pick-up operations.

12. Have a safety plan in place and be able to respond immediately to a spill.

13. Contractor shall load materials with contractor equipment. There is no available forklift at the facility.

14. There is no loading dock available at the facility. The contractor shall load the HHW from level ground.

Contractor Obligations – Saturday HHW Collection Events

1. Provide a minimum of 8 staff people to unload vehicles, pack, containerize, identify unknowns and properly sticker/placard all materials for transport. At least four of the eight people must be employees of the vendor. The remaining may be contract employees but they must be properly experienced, trained, and insured. The preference of the County is that all staff be employees of the selected vendor.

2. Provide adequate containers, tables, packing media, absorbents, plastic sheeting, carts,and other applicable items to handle the event load.

3. Accept legal generator status (by manifestation) of wastes collected and accepted for disposal.

4. Provide the County with timely reporting of manifests, costs, volumes collected and final disposal methods and sites. This includes itemized billings or statements indicating waste type, volume, materials, supplies and labor involved.

5. Provide County with list of TSDF’s used by contractor.

6. Provide County with copies of applicable licenses regarding waste transport and disposal.

7. Provide County with proof of insurance meeting the requirements as stated in this RFB.

8. Contractor is prohibited from subcontracting any services outlined in this RFB except for final disposal, and as noted.

9. Provide adequate number of sufficiently trained personnel as needed for adequate throughput at collection events.

10. Have a safety plan in place and be able to respond immediately to a spill.

11. Contractor shall load materials with contractor equipment. There is no available forklift at the facility.

IV.

V.

VI.

VII.

12. There is no loading dock available at the facility. The contractor shall load the HHW from level ground.

13. The vendor will be responsible for final packing and clearing the lot of all collected materials and leaving the site as clean or in better condition than found.

14. The vendor shall arrive and depart timely from the collection events. The events are open from 9 AM to 1 PM. The vendor should provide adequate setup time prior to the event start, but should not arrive any later than 7:30 AM. Should vendor desire to arrive in Muskegon the evening prior to collection events, no surcharges will be paid for this. The only charge payable to mobilize the vendor to Muskegon is the transportation fee in the bid.

15. Provide sufficient scheduled and redundant transportation such that all collected materials will be removed from the collection site parking lot the day of collection.

Location Change for Safety Storage Building and/or Saturday Collection Location

During the term of this procurement it is likely that the Safety Storage building will be relocated to a different site in Muskegon County. The new location will not be a significant distance from the existing facility. As such the transportation costs associated with this bid submittal will hold for the new location. If the facility is relocated it is also possible that the location of the Saturday collection would also be changed. At the time of this bid, the location being considered is the site of the County Administrative Offices/Baker College at 1903 Marquette Avenue. This location is less than 4 miles from the existing program location. If the new location is greater than ten miles away from existing collection sites, transportation costs can be modified in proportion to the bid transportation distance between the bidder location and the new collection site.

Piggyback Collection Authorization

It is the desire of Muskegon County to allow municipalities within the County to “piggyback” of this bid and utilize the selected vendor for their own parking lot collection events. The bid from the County would remain in force for any municipality wishing to utilize and pay for the contractors HHW services per the pricing bid in this solicitation. The bidder shall indicate their acceptance of this provision, or rejection in their bid. The County will not utilize this authorization or lack thereof as a condition of bid award. This would be a separate relationship with the Municipality directly paying for services to the bidder, with the bid pricing obtained thru this solicitation holding for their collection events, if any.

Agreement

The selected bidder will enter into an Agreement with the County of Muskegon. A sample Agreement is included with this solicitation. Attachment A.

Bid Submittal Requirements

The following items are required with submittal of the bid:

1. Insurance certificates meeting the requirements of this RFB.

2. List of references for similar collections in Michigan

3. List of TSDF’s used for each waste group

4. Provide staffing expectations, whether all event staff will be vendor employees or partially contracted

5. Provide protocol used in identifying unknown material.

6. Provide all pricing/cost information requested, hourly rates in the Proposal Summary, as well as disposal costs provided in 25-2573 Household Hazardous Waste - 2025 - 2027 Bid Sheet.

PROPOSAL SUMMARY

All costs (including labor, tools, equipment, materials, shipping, handling and all other costs) must be included in the total price. If there are any rebates or special qualifying programs please indicate their value and what must be done to qualify. The pricing information provided must be complete this includes any additional taxes, surcharges or other fees that may be passed on to the County on the invoices. The minimum time this bid will be in force is 90- Days.

Responders are to submit prices on the lines (spaces) provided below. Every line (space) must contain a figure, zero (0), line (-) or “No Bid”. Failure to complete the bid summary as stated above shall be cause for rejection of bid. (Remember to double-check your addition, subtraction and multiplications.)

I.

Cost Information

Please provide the information as requested regarding the cost of disposal for the following items. Please note that all costs must be in the units as listed.

A. Onsite Labor

Labor costs for personnel shall be paid for time onsite only. Arrival time at the sites through departure time will be payable under the labor rate according to the bid, to the nearest quarter hour. The transportation charge shall govern payment for travel to the collection sites.

1. Two HHW technicians are required on the second and fourth Friday, May through October from 9AM – 12PM at 1300 Keating. Provide a flat rate for both staff for the onsite work.

Total labor cost for two (2) HHW technicians: $ per onsite hour

2. It is expected that a clean out of the safety storage building will be completed by a two person team, approximately two-three times per calendar year.

Provide a flat rate for allstaff, minimum two (2), for the onsite work.

Total labor cost for two (2) person team: $ per onsite hour

3. It is expected that staffing the Saturday collection events will require eight (8)personnel, twice a year.

Total labor cost for eight (8) person team: $ per onsite hour

If staffing changes are requested from the minimums stated, payment will beincreased/decreased in proportion to the bid labor rate.

B. Transportation

1. Transportation cost (staffing the 2nd/4th Friday, May through October program) shall include all labor, equipment, and all other associated costs for round trip travel between vendor location and the HHW safety storage building at1300 Keating Avenue, Muskegon, Michigan.

$ per round trip

2. Transportation cost (safety storage cleanout trips) shall include all labor, equipment, and all other associated costs for round trip travel between vendor location and the HHW safety storage building at 1300 Keating Avenue, Muskegon, Michigan.

$ per round trip

3. Transportation cost (staffing the Saturday events) shall include all labor, equipment, and all other associated costs for round trip travel between vendor location and the event site at 1350 Keating Avenue, Muskegon, Michigan.

$ per round trip

Company Name:

Printed Name:

Signature:

C. Disposal/Recycle

Bidder shall provide costs per unit in 25-2573 Household Hazardous Waste Bid Sheet, excel format. A summary of three prior years’ collected materials is provided in Attachment B. The summary shows historical receipts broken out by Saturday collections and safety storage cleanout volumes. This information may be used as reference only as material volumes under this contract may be significantly more, or less depending on program participation.

Disposal costs shall include all associated materials required to move the collected materials, including but not limited to; drums/containers/gaylord pallet containers, boxes, stickers, packing materials, buckets, oil dry, vermiculite, etc. Please use the Excel spreadsheet 25-2573 Household Hazardous Waste Bid Sheet to provide these costs.

Identification of all unknowns shall be incidental to the disposal and labor cost to do the identification and disposal.

Bidder response must include process for lawfully packing the various consumer battery types accepted (alkaline, lithium, NiCAD, NiMH). Note lead acid batteries are not accepted. If the battery types must be segregated or processed (terminal taping) to containerize, this must be called out with the Bid. The bidder shall include both process/disposal and recycling costs for batteries.

Any reference to disposal means the ultimate fate of the material, and doesn’t indicate preference to disposal over recycling, reuse, or conversion to energy.

Please provide unit costs for each classification of HHW material. If additional materials are handled other than listed, bidder shall provide cost sheets for additional materials. Should bidder be unable to accept any item listed below it should be noted “NOT ACCEPTED”.

The County of Muskegon reserves the right to eliminate any collected materialclassification, at any time, for any reason, with the remaining bid costs remaining in force throughout the contract period.

This bid pricing shall be in force for calendar year 2025, 2026, and 2027.

BID CONDITIONS/INSTRUCTIONS TO RESPONDERS

These conditions are an integral part of the invitation for bid and the Responder must comply with them.

1. Bid Submittals

Responder must submit bid on these forms as requested. Bids may be submitted electronically at the Bidnet site. Bid offers sent by other electronic devices are NOT acceptable and will be rejected upon receipt.

Responses submitted electronically will be submitted through the online Bidnet Portal at:

https://www.bidnetdirect.com/mitn/muskegon-county.

To schedule a delivery for a physical bid package, please call 231-724-6281.

2. Delivery Date The delivery time or completion date, as stated in the bid form, shall be the time required to deliver and complete item(s) after the receipt of the order or award of the contract. Where multiple items appear on the bid request, the responder/offeror shall, unless otherwise stated by the County, show the delivery time for each item separately.

All prices must be FOB Destination, unloaded inside and assembled unless otherwise indicated.

3. Invoices and Payment Terms

Invoices are to be mailed to the County department on the resulting purchase order. All invoices must include the purchase order number. Failure to comply may result in delayed payments. The County payment terms are Net 30 days unless a cash discount is allowed for payments within not less than fifteen (15) days. The payment term shall begin on the date the service/product is accepted by the County and the correct invoice is received in the office specified on the purchase order.

4. Specification Inquiries / Bid Procedure Inquiries

The sole point of contact concerning the Procurement Leve Quote (PLQ) is the Muskegon County Procurement Office at Bidnet portal at: https://www.bidnetdirect.com/mitn/muskegon-county. Contacting any other personnel, agent, consultant or representative is non-binding and may result in disqualification.

To contact the County of Muskegon or ask questions in relation to this PLQ, respondents must register with the Muskegon County’s public purchasing portal at https://www.bidnetdirect.com/mitn/muskegon-county (the “Portal”) and initiate the communication electronically through the Opportunity Q&A. The Organization will not accept any respondent’s communications by any other means.

Questions must be submitted no later than the time and date specified on the cover of this document.

In the interest of transparency, only written questions will be accepted. Answers to questions will be posted on https://www.bidnetdirect.com/mitn/muskegon-county.

5. Response Preparation.

Responders must follow the instructions and provide a complete response to all specifications. Responder should include its company name in the header of all response documents. All cost associated with the submittal and preparation shall be borne by the respondent. This solicitation does not require the County to offer a contract.

6. Clarification Request If the County determines, after the deadline to submit Bids, that a responder’s Bid is not clear, the County reserves the right to issue a request (‘Clarification Request”) to a responder to clarify its Bid. Failure to respond to a Clarification Request may be cause for disqualification.

7. Reservations The County reserves the right to discontinue the IFB process at any time for any reason. The issuance of an IFB, your preparation and submission of a bid and the County’s subsequent receipt and evaluation of your bid does not commit the County to award a Contract to you or anyone, even if all the requirements in the IFB are met.

https://www.bidnetdirect.com/mitn/muskegon-county https://www.bidnetdirect.com/mitn/muskegon-county

8. Award

The award of a County contract will be made to the responsive and responsible responder who offers the best value to the County. The following criteria may be considered by the County in selecting the best value:

a) Ability to perform the service required within the specified time; b) Conformance to specifications; c) The quality of the performance in previous contracts; d) Financial ability to perform the contract; e) Item pricing;

f) responder references

9. Vendor/Respondent Complaints or Protests The County of Muskegon has established administrative procedures for handling vendors complaints in a fair and timely manner. Vendors should observe the following steps in order to file complaints:

Step 1 The vendor must contact the Director of Finance within seven (7) days of the incident about which he or she has a complaint. The Director of Finance will reply verbally or in writing to the vendor after discussion with the County Administrator.

Step 2 If the vendor is dissatisfied with the Director of Finance reply, an appeal must be made in writing within seven

(7) days to the Muskegon County Board of Public Works.

10. Freedom of Information Act Bid will be available for public inspection after the award announcement, except to the extent that a respondent designates trade secrets or other proprietary data to be confidential. Material designated as confidential must be readily separable from the remainder of the bid to facilitate public inspection of the non-confidential portion of the bid. A respondent’s designation of material as confidential will not necessarily be conclusive and the respondent may be required to provide justification why such material should not be disclosed, on request, under the Michigan Freedom of Information Act.

11. Rights to Information Contained in Bids All Bids will be considered the property of Muskegon County.

12. Responder Samples, Brochures and Literature

Include brochures, literatures and samples if available. Samples of items when required, must be furnished free of expense to the County and upon request, be returned to the Responder at the Responder’s expense.

Samples of selected items may be retained for comparison purposes.

13. Insurance Requirements

The respondent may enclose with his or her bid an insurance certificate indicating the insurance coverage stated under “County of Muskegon Insurance Requirements” section of the bid. Adequate insurance as specified in this IFB must be furnished by the successful responder before the awarding of the bid and before the signing of any County/successful Responder agreements and/or work performed by the successful Responder.

14. Commission Privilege

The Board of Public Works reserves the right to accept or reject any or all bids, reserves all rights granted to it by law, reserves the right to waive formalities and to take such action, as it deems necessary in the best interest of the County of Muskegon.

15. Legal Requirements

Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of bid and disputer about bid. Lack of knowledge by a Responder about applicable law is not a defense.

16. Forum Selection

Any litigation regarding the agreement or its contents shall be filed in the County of Muskegon, if in a State Court, or in the United States District Court of the Western District of Michigan, if in Federal Court.

17. Execution of Counterparts The agreement may be executed in any number of counterparts and each such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed; shall together constitute one and the same instrument.

18. Entire Agreement The final agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to the agreement and by no other means. Each party waives their future right to claim, contest or assert that the agreement was modified, canceled, superseded or changed by any oral agreements, course of conduct, waivers or estoppels.

19. Respondent/Offeror Representation Each respondent/offeror must sign the bid with his/her usual signature and shall give his/her full business address on the form provided in this Invitation for Bids.

Bid by partnership shall be signed with the partnership name by one of the members or by an authorized representative. Bid by corporations shall be signed with the name of the corporation followed by the signature and designation of the president, secretary or other person authorized to bind it in the matter.

20. Subcontracting No portion of this bid may be subcontracted without the prior written approval by the County. It may be in the best interest of the awardee to subcontract some parts of any given job; however, the successful Respondent will be held responsible by the County for the quality, delivery and all terms and conditions of this bid.

21. Assignment Any purchase order awarded shall not be assignable by the successful Respondent without the express written approval of the County and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.

22. Civil Rights

A. The responder assures that in accordance with Title VII of the Civil Rights Act of 1964 (42U.S.C. 2000 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); Title IX of the Education Amendment of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686); the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); the Regulations issued thereunder (45 CFR Parts 80, 84, 86, and 91); the Michigan Persons with Disabilities Civil Rights Act 220 of 1976, as amended; the Handicapper Business Opportunity Act, Public Act 112 of 1988 (MCL 450.791-45.795); the Qualified Service-Disabled Veteran-Owned Preference, Public Act 91 of 2005 and 133 of 2008 (MCL 18.261); the Americans with Disabilities Act, Public Law 101-336 of 1990 and the ADA Amendments Act public Law 110-325, and the Michigan Elliot-Larsen Civil Rights Act 453 of 1976 that no individual shall, on the grounds of membership in a protected class be excluded from participation, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity provided by this responder.

Assurance is given to the County that good faith efforts will be made to identify and encourage the participation of minority, women, handicapper and disadvantaged business enterprises in contract solicitations. The responder shall incorporate language in all contract awards: 1) prohibiting discrimination against minority, women, handicapper and disadvantaged businesses in subcontracting;

and 2) making discrimination a material breach of contract.

B. The responder assures that it meets the requirements of the Drug Free Workplace Act of 1988, 34 CFR Part 85, Sub-Part F.

C. The County of Muskegon operates on an equal opportunity basis in its bidding policy (Title VII of Civil Rights Act of 1964, Equal Opportunity Clause, Executive Order 11246, Chapter 60, Sub-Part A, 60-I.4, Revised Order No. 4). Bidding is open to all interested parties, in compliance with national, state and local laws.

23. Alternates & Deviations Specifications referred to herein are used to indicate the desired type, and/or construction, and/or operation.

An alternate may be offered if deviations from specifications are minor and if all deviations are properly outlined on a separate sheet. Failure to outline all deviations may be grounds for rejection of your bid.

Alternates must be placed on a separate sheet.

The decision of the County of Muskegon, acting through the Director of Finance or their authorized representative, shall be final as to what constitutes acceptable deviations from specifications.

24. Michigan Iran Economic Sanctions Act, 2012 P.A. 517 Pursuant to the Michigan Iran Economic Sanctions Act, 2012 P.A. 517, by submitting a bid, proposal or response, Respondent certifies, under civil penalty for false certification, that it is fully eligible to do so under law and that it is not an “Iran linked business,” as that term is defined in the Act.

25. Respondent Arrears

No bid shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to the County upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the County, or that is deemed irresponsible or unreliable by the County. If requested, respondents/offerors shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service bid and that they have the necessary financial resources to provide the proposed supply/service as described in the Specifications.

26. Material Safety Data Sheet

Each Responder shall provide the County of Muskegon with a complete copy of the U.S. Department of Occupational Safety and Health Administration, Material Safety Data Sheet, (Form OSHA-20) for each product they are using on the project, if hazardous materials are being used.

27. Errors/Omissions/Discrepancies

Any errors, omissions or discrepancies in the specifications discovered by a prospective successful Responder and/or service provider shall be brought to the attention of the Director of Finance as soon after discovery as possible. Further, the successful Responder and/or services provider shall not be allowed to take advantage of errors, omissions or discrepancies in the specifications.

28. Solicitation Opening

Solicitations will be opened and read publicly online via Zoom meeting. A meeting invite is embedded in the cover page of the solicitation or you can request an invite by sending an email Bids@co.muskegon.mi.us.

29. Bid Changes

No late bids will be accepted. Bids, amendments thereto, or withdrawal requests received after the time advertised for bid opening will be void regardless of when they were mailed.

30. Purchase Order

A purchase order will be issued to the successful Responder after the bid has been awarded and a contract has been fully executed with a copy presented to the Finance Department. The County of Muskegon shall not be responsible for any goods delivered or services performed without a purchase order issued and signed by the Director of Finance or an authorized representative.

31. Accelerated Pay Discounts

Accelerated discounts should be so stated on the bid form. If quick pay discounts are offered, the County reserves the right to include that discount as part of the award criteria. Prices bid must, however, be based upon payment within thirty (30) days after receipt, inspection and acceptance. In all cases, quick pay discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later.

32. Bid Results

Responders who submitted a bid and who wish to know the results before the award may visit the Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county.

33. Taxes

Sales and other taxes: Purchases made directly by the County of Muskegon are generally exempt from sales and other applicable taxes. However, goods and services purchased by a Contractor to be used in the construction, alteration, repair, or improvement of property owned by the County may be taxable to the Contractor and Contractor should contact its tax professional for guidance. Notwithstanding, the price bid for contracts will be construed to include all applicable taxes and any such applicable taxes shall be paid directly by Contractor.

mailto:Bids@co.muskegon.mi.us

34. Gender For the benefit of brevity, when the pronouns “he” or “his”/“she” or “her” are used, it is not intended to denote the gender of any person.

35. Exceptions

The respondent shall furnish a statement on company letterhead giving a complete description of all exceptions to the terms, conditions and specifications. Failure to furnish the statement will mean that the respondent agrees to meet all requirements of the terms, conditions and specifications.

36. Brand Names

Unless otherwise specified, manufacturer’s names, trade names, information and/or catalog numbers listed in the specifications are intended only to identify the quality and characteristics desired. They are not intended to limit competition. A Responder may offer any equivalent product, which meets or exceeds the specifications. If bids are based on equivalent products, the bid must: a) Indicate the alternate manufacturer’s name and catalog number; b) Include complete descriptive literature and/or specifications;

and c) include proof that the proposed equivalent will meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable to meet its needs in all respects. If respondent fails to name a substitute, goods identical to the specified standard must be furnished.

37. Ownership and Use of Documents

a. All documents prepared in connection with the Submittal will become the property of the County whether any project related to this agreement is executed or not.

b. The successful Responder will retain all of its records and supporting documentation relating to this IFB, and not delivered to the County, for a period of three years, except that in the event the successful Responder goes out of business during that period, it will turn over to the County all of its records relating to the project for retention by the County.

38. Termination for Convenience

Muskegon County may terminate a solicitation or contract, in whole or in part, whenever the County determines that such termination is in the best interest of the County, without showing cause, upon giving notice to the successful Responder. Muskegon County does not pay for cost associated with the solicitation process. Muskegon County shall pay all reasonable costs incurred by the successful Responder up to the date of termination. However, in no event shall the successful Responder be paid any amount, which exceeds the price bid for the work performed. The successful Responder will not be reimbursed for any profits, which may have been earned up to the date of termination.

39. Termination for Default

When the successful Responder has not performed or has unsatisfactorily performed the contract or in the event, any of the provisions of the purchase order are violated, the County may serve written notice of its intention to terminate the contract and/or purchase order for default. Upon termination for default, payment will be withheld at the discretion of Muskegon County. Failure on the part of the successful Responder to fulfill the contractual obligations shall be considered just cause for termination of the contract. The successful Responder will be paid for work satisfactorily performed prior to termination less any excess costs incurred by the County in procuring and completing the work.

40. Termination Due to Unavailability of Funds in Succeeding Fiscal Years

When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be canceled and the successful Responder shall be reimbursed for a reasonable value of any non-recurring costs incurred, but not amortized in the price of the supplies or services delivered under the contract.

41. Rights and Remedies of County for Default

If any item furnished by the successful Responder fails to conform to specifications, or to the sample submitted by the successful Responder, the County may reject it. Upon rejection, the successful Responder must promptly reclaim and remove such item without expense to the County, and shall immediately replace all such rejected items with others conforming to such specification and samples. If the successful Responder fails to do so, the County has the right to purchase in the open market a corresponding quantity of any such items and to deduct from any monies due the successful Responder the difference between the prices named in the purchase order and the actual cost to the County. If the successful Responder fails to make prompt delivery of any item, the County has the right to purchase such item in the open market and to deduct from any monies due the successful Responder the difference between the prices named in the purchase order and the actual replacement cost to the County. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the contract.

42. Avoidance of Conflict of Interest and Confidentiality

The successful Responder may provide consultation services to other government organizations in Michigan and elsewhere. In order to preserve the trust and confidence of their client, the successful Responder must adhere to a set of principles that enables them to perform their work in a manner that is free of real or perceived conflicts of interests. These principles are as follows:

a. The successful Responder will not discuss, distribute or use in any way the data or information acquired in the course of providing services to Muskegon County without prior approval by the County.

b. The successful Responder will not undertake a specific activity, which may be viewed as adverse to the interests of another client without obtaining the agreement of both parties.

c. The successful Responder states that no County officer or employee, nor any business entity in which they have an interest: a) has an interest in the contract awarded; b) has been employed or retained to solicit or aid in the procuring of the resulting contract; c) will be employed in the performance of such contract without immediate disclosure of such fact to the County.

43. Incorporation of Instructions

Bid conditions/instructions to respondent, specifications/requirements may become part of a contract for this product/service.

44. Debarment

If a respondent is presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from doing business with any government agency, which prohibits your firm from participating in any procurement, the respondent must provide the County with that information as part of its response to this solicitation. Failure to fully and truthfully provide the information required, may result in the disqualification of your bid from consideration or termination of the purchase order, once awarded.

45. Respondent Registration

Successful Responder registration, as well as the invitation for bid materials, is available on the Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county

COUNTY OF MUSKEGON

INSURANCE REQUIREMENTS

The successful Responder, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to County of Muskegon. The requirements below should not be interpreted to limit the liability of the successful Responder. All deductibles and SIRs are the responsibility of the successful Responder.

The successful Responder shall procure and maintain the following insurance coverage:

1. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

2. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall include, but not limited to, the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included

(E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.

3. Automobile Liability, including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit for Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

4. Commercial General Liability and Automobile Liability Required liability limits may be obtained by using an Excess/Umbrella Liability policy in addition to the primary liability policy(ies). If coverage limits are satisfied by an Excess and/or Umbrella policy, coverage must follow form of the primary liability policy(ies), including but not limited to additional insured and primary/non-contributory coverage.

5. Environmental and Pollution Liability: Coverage for all pollution and environmental risks, including successful Responder’s pollution liability coverage and pollution legal liability coverage and where applicable, environmental umbrella coverage, with limits not less than $1,000,000 per occurrence and aggregate. If this policy is claims made form, then successful Responder shall be required to keep the policy in force, or purchase “tail” coverage, for a minimum of 3 years after the termination of this contract.

6. Additional Insured: Commercial General Liability Insurance shall include an endorsement stating the following shall be Additional Insureds: The County of Muskegon, all elected and appointed officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming the County of Muskegon as additional insured, coverage afforded is considered to be primary and any other insurance the County of Muskegon may have in effect shall be considered secondary and/or excess.

7. Cancellation Notice: Policies, as described above, shall be endorsed to state the following: It is understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation or Non-Renewal shall be sent to the Certificate Holder: (County of Muskegon, Attention: Procurement, 1903 Marquette Avenue, Suite A106, Muskegon, Michigan 49442).

8. Proof of Insurance Coverage: The successful Responder shall provide the County of Muskegon at the time the contracts are returned by him/her for execution a Certificate of Insurance as well as the required endorsements. In lieu of required endorsements, if applicable, a copy of the policy sections where coverage is provided for additional insured and cancellation notice would be acceptable. Copies or certified copies of all policies mentioned above shall be furnished, if so requested.

9. If any of the above coverages expire during the term of this contract, the successful Responder shall deliver renewal certificates, endorsements, and/or policies to County of Muskegon at least ten (10) days prior to the expiration date.

10. HOLD HARMLESS AGREEMENT: All contracts must contain the following Hold Harmless Agreement:

To the fullest extent permitted by law, the successful Responder shall defend, indemnify, and hold harmless the County, its subsidiaries, departments, divisions, and agencies and their respective officials, officers, directors, employees, and agents from and against any and all liability, litigation, causes of action, and claims, by whomsoever brought or alleged, and regardless of the legal theories upon which based, and from and against all losses, costs, expenses, and fees and expenses of attorneys and expert witnesses resulting therefrom on account of, relating to, or arising out of bodily injury to or death of any person or on account of damage to property, including loss of use thereof, arising or allegedly arising out of or resulting from the work; provided, however, that in compliance with MCL 691.991, the successful Responder has no obligation to defend or indemnify the County or any other party for any amount greater than the degree of fault of the successful Responder. The successful Responder will include a similar provision in favor of the County in all subcontracts. The foregoing indemnity of the County shall include, but is not limited to, claims alleging or involving the negligence of the successful Responder, its subcontractors, or the joint negligence of the successful Responder, its subcontractors, and/or the County, but shall not extend to liability found by way of final judgment to have resulted from the sole negligence of the County or as limited by MCL 691.991.

AGREEMENT FOR SERVICES OF

INDEPENDENT PROFESSIONAL HOUSEHOLD HAZARDOUS WASTE SERVICES FIRM

BETWEEN

THE COUNTY OF MUSKEGON

AND XXXXXXXX

This Agreement (hereinafter referred to as “Agreement”) is made by and between the County of Muskegon, a political subdivision of the State of Michigan (hereinafter referred to as “County”), having its principal place of business at 990 Terrace Street, Muskegon, Michigan 49442, and XXXXXXXX having its principal place of business at YYYYYYY (hereinafter referred to as “Contractor”), wherein Contractor agrees to provide and County agrees to accept the services specified herein.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows:

1. DESIGNATED REPRESENTATIVE. Gregory A. Leverence at phone number 231-724-6003 and email leverencegr@co.muskegon.mi.us is the representative of County and will administer this Agreement for and on behalf of County. Name at phone number XXX-XXX- XXXX and email address is the authorized representative for Contractor. Changes in designated representatives shall be made only after advance written notice to the other party.

2. NOTICES. Any notice of consent required or permitted to be given under this Agreement shall be given to the respective parties in writing, by first class mail, postage prepaid, or otherwise delivered as follows:

To County: Gregory A. Leverence, Muskegon County Solid Waste 9366 Apple Avenue, Ravenna, Michigan 49451

To Contractor Name, Address or at such other address or to such other person that the parties may from time-to-time designate.

Notices and consents under this section, which are sent by mail, shall be deemed to be received five (5) days following their deposit in the United States mail.

3. SCOPE OF SERVICE. Contractor agrees to provide services to County in accordance with Exhibit A attached hereto and incorporated herein by reference.

4. TERM. Contractor shall commence performance upon award and end performance upon completion, but no later than December 31, 2027, unless otherwise directed by County or unless earlier terminated.

5. COMPENSATION OF CONTRACTOR. Contractor shall be paid for performance under this Agreement in accordance with the terms of Exhibit B attached hereto and incorporated herein by reference. Billing shall be made by invoice, which shall include the contract number assigned by County and which is delivered to the address given in Section 2, “Notices” above, following completion of the increments identified on Exhibit B. Unless otherwise specified on Exhibit B, payment shall be net thirty (30) days from presentation of invoice.

6. INDEPENDENT CONTRACTOR. Contractor shall perform all of its services under this Agreement as an independent contractor and not as an employee of the County.

Contractor understands and acknowledges that it shall not be entitled to any of the benefits of a County employee, including but not limited to vacation, sick leave, administrative leave, health insurance, disability insurance, retirement, unemployment insurance, workers compensation and protection of tenure.

mailto:leverencegr@co.muskegon.mi.us mailto:Debbie.oleksienko@usecology.com

7. STANDARD OF PERFORMANCE. Contractor represents that Contractor has the skills, expertise, and licenses/permits necessary to perform the services required under this Agreement. Contractor shall perform all services under this Agreement in the manner and according to the standards observed by a competent practitioner of the same profession in which Contractor is engaged. All products and services of whatsoever nature, which Contractor delivers to County pursuant to this Agreement, shall be prepared in a first class and workmanlike manner and shall conform to the standards of quality normally observed by a person practicing in Contractor’s profession. Contractor shall correct or revise any errors or omissions, at County’s request without additional compensation. Permits and/or licenses and certifications necessary to perform all services under this Agreement shall be obtained and maintained by Contractor without additional compensation.

8. TAXES. County shall not be responsible for paying any taxes on Contractor’s behalf, and should County be required to do so by State, Federal, or local taxing agencies, Contractor agrees to reimburse County promptly for the full value of such paid taxes plus interest and penalty, if any. These taxes shall include, without limitation the following: FICA (Social Security), unemployment insurance contributions, income tax, disability insurance and worker’s compensation insurance.

9. CONFLICT OF INTEREST. Contractor covenants that Contractor presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by Contractor

10. RESPONSIBILITIES OF COUNTY. County shall provide all information reasonably necessary to the Contractor in performing the services provided herein.

11. OWNERSHIP OF DOCUMENTS. This Agreement is a written instrument, signed by County and the Contractor for purposes of the Copyright Act of the United States and the copyright laws of any other country. County and Contractor agree that the copyright for any and all works of authorship, prepared under this Agreement, as a result of this Agreement, or in the course of performance of this Agreement, in any medium of expression, shall belong exclusively to County. County shall, for purposes of 17 U.S.C. § 201(a) and the copyright laws of any other country, be deemed the sole and exclusive author of any and all such works. If and to the extent necessary, any and all such works shall be deemed works made for hire, prepared for County and belonging exclusively to it.