Bid Form Documents FINAL.docx

TOWNSHIP OF ARMADA AND VILLAGE OF ARMADA

MACOMB COUNTY, MICHIGAN

SINGLE HAULER WASTE COLLECTION AND DISPOSAL SERVICES

BID FORM DOCUMENTS

The Bidder hereby submits the following Bid Form Documents to provide all labor, materials and equipment necessary to provide the defined Scope of Services. The Bidder acknowledges that single family generation sites shall be required to dispose of all mixed waste, recyclables, and yard waste/lawn debris (Village only) through the use of the approved single waste hauler. The Bidder agrees, upon award of the bid, to execute and deliver the Contract within the time set forth in the Invitation to Bid.

The Bidder agrees that it will perform all the work and meet all of the requirements and obligations imposed by said Contract by providing, at its own expense, all labor, materials, equipment or accessories necessary to perform the Scope of Services. The Bidder acknowledges and agrees it is to be compensated solely by single family generation sites for services rendered thereto based on its unit prices bid.

Bidder’s Legal Name:_________________________________

By:________________________________________________

Print Name of Authorized Signor:________________________

Title:_______________________________________________

Bid Form Documents Checklist

I. Unit Price Bids – Official Bid Form (Five Year Term of Contract) (MUST BE COMPLETED AND SIGNED) _____

II. Proof of Required Bonds and Insurance Coverages _____

III. Hold Harmless and Indemnity (MUST BE SIGNED) _____

IV. Non-Iran Linked Business Certification (MUST BE SIGNED) _____

V. Non-Collusion Affidavit (MUST BE SIGNED AND NOTARIZED) _____

VI. Listing of Persons Interested in this Bid Award _____

IX. Identification of Similar Contracts _____

X. Identification of Composting Facility _____

XI. Identification of Solid Waste Disposal Facility _____

XII. Identification of Materials Recovery Facility _____

XIII. Waste Collection and Disposal Contract (MUST BE SIGNED AND

RETURNED WITHIN 15 DAYS OF BID AWARD) _____

I. Unit Price Bids – Official Bid Form (Five Year Term of Contract)

A. Weekly Curb and Roadside Collection and Disposal of Mixed Waste/Monthly Curb and Roadside Collection of Bulk Items, Township and Village [Please refer to Subsections 2. A. and B. of Scope of Services]

Year 1

Year 2

Year 3

Year 4

Year 5

*Quarterly Charge Bid Per Single Family Generation Site (Estimated at 1,900 sites)

*Unit Price Bid should be a quarterly charge per single family generation site stop for this Scope of Service.

B. Weekly Curb and Roadside Collection and Disposal of Recyclables, Township and Village [Please refer to Subsection 2. C. of Scope of Services]

Year 4

Year 5

*Quarterly Charge Bid Per Single Family Generation Site (Estimated at 1,900 sites)

*Unit Price Bid should be a quarterly charge per single family generation site stop for this Scope of Service.

C. Seasonal weekly Curbside Collection and Disposal of Yard Waste/Lawn Debris, VILLAGE ONLY [Please refer to Subsection 2. D. of Scope of Services]

Year 4

Year 5

*Monthly Charge Bid Per Single Family Generation Site (Estimated at 500 sites)

*Unit Price Bid should be a monthly seasonal charge per single family generation site stop in the Village for this Scope of Service. This monthly seasonal charge is to be billed to Village owner/occupants only for the months of April to November on their quarterly or annual billing option.

D. Weekly Servicing of 6-yard containers, Township and Village [Please refer to Subsection 2. F. of Scope of Services]

Year 4

Year 5

*Monthly Charge Bid Per 6-yard container (Estimated at three containers)

*Unit Price Bid should be a unified monthly charge for the rental, transportation, and weekly disposal of the material deposited in the specified 6-yard container requested by the Township or Village. The Unit Price Bid must be honored for additional 6-yard containers ordered by the Township and/or Village.

E. Monthly collection and disposal of Mixed Waste/Bulk Items and Recyclables deposited at the Township owned and operated Transfer Station on the third Saturday of every month, TOWNSHIP ONLY [Please refer to Subsection 2. G. of Scope of Services]

Year 4

Year 5

*Monthly Charge Bid (One collection day per month on the third Thursday of the month)

*Unit Price Bid should be a unified charge for personnel and equipment for the collection and disposal of Mixed Waste/Bulk Items and Recyclables once a month from the Township owned and operated Transfer Station located at 21327 Armada Ridge Road.

F. Monthly or Annual Billing Charge [Please refer to Subsection 2. H. of Scope of Services]

Year 3

Year 4

Year 5

Quarterly Billing Option

Option

Option

Option

Billing Charge Bid Per Single Family Generation Site

*Unit Price Bid should be a unified charge per single family generation site for the preparation and collection of a quarterly or annual billing of the Owner/Occupant.

Year 3

G. Fees for owner/occupant to Purchase Additional or Replacement 95 gallon (refuse) or 64 gallon (recyclables) cart.

Bidder’s Legal Name:_________________________________

By:________________________________________________

Print Name of Authorized Signor:________________________

Title:_____________________________________________ II. Proof of Required Bonds and Insurance Coverages

A. Bid Bond

Each bid must be accompanied by a bond executed by a surety company licensed to do business in the State of Michigan and approved by the Township and Village, or a cashier’s check jointly payable to the Township of Armada and Village of Armada in the amount of One Hundred Thousand and 00/100 ($100,000.00) Dollars.

B. Performance Bond

All bidders shall include a letter from their bonding agent indicating that upon award of the Bid, they will be able to secure a Performance Bond as required within the specifications set forth in Subsection 3. D. 2 of the Scope of Services.

C. Proof of Insurance

If the insurance required by Subsections 3. D. 3. through 8. is not already in place when submitting bid, bidder shall include a letter from their insurance agent indicating that they will be able to secure a Certificate of Liability Insurance upon award of the contract.

III. Hold Harmless and Indemnity

To the fullest extent permitted by law, the Designated Single Waste Hauler expressly agrees to indemnify and hold the Township of Armada and Village of Armada (collectively the Municipalities), their respective elected and appointed officials, employees, and volunteers and others working on behalf of the Municipalities harmless from and against all loss, cost, expense, damage, liability, or claims, whether groundless or not, arising out of the bodily injury, sickness, or disease (including death resulting at any time therefrom) which may be sustained or claimed by any person or persons, or the damage or destruction of any property, including the loss of use thereof, based on any act or omission, negligent or otherwise, of Designated Single Waste Hauler or anyone acting on its behalf in connection with or incident to the contract or the work to be performed thereunder, except that the Designated Single Waste Hauler shall not be responsible to the Municipalities on indemnity for damages caused by or resulting from the Municipalities sole negligence; and the Designated Single Waste Hauler shall, at its own cost and expense, defend any such claim and any suit, action, or proceeding which may be commenced hereunder, and the Designated Single Waste Hauler shall pay any and all judgments which may be recovered in any such suit, action, or proceeding, and any and all expense, including, but not limited to, costs, attorneys' fees, and settlement expenses which may be incurred therein.

Bidder’s Legal Name:_________________________________

By:________________________________________________

Print Name of Authorized Signor:________________________

Title:_______________________________________________

IV. Non-Iran Linked Business Certification

Pursuant to Michigan law, before accepting any bid or proposal or entering into any contract for goods and services with any prospective Vendor, the Vendor must certify that it is not an "Iran Linked Business". By signing below, I certify and agree on behalf of myself and the company submitting this bid the following: (1) that I am duly authorized to legally bind the company submitting this bid; and (2) that the company submitting this bid is not an "Iran Linked Business," as that term is defined in Section 2(e) of the Iran Economic Sanctions Act, being Michigan Public Act No. 517 of 2012; and (3) that I and the company submitting this bid will immediately comply with any further certifications or information submissions requested by the City in this regard.

Bidder’s Legal Name:_________________________________

By:________________________________________________

Print Name of Authorized Signor:________________________

Title:_______________________________________________

V. Non-Collusion Affidavit

STATE OF MICHIGAN

COUNTY OF MACOMB

________________________________________, being duly sworn deposes and says that:

1. The Bidder submitting this bid to the Township of Armada and Village of Armada is doing so in good faith on its own behalf and not on the behalf of any undisclosed person or entity;

2. The bid submitted is genuine and not collusive or sham;

3. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;

4. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the unit pricing bid by Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the unit pricing, or of that of any other Bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;

5. All statements contained in Bidder’s Bid Form documents are true;

6. Bidder has not, directly or indirectly, submitted its unit pricing, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to anyone to effectuate a collusive or sham bid; and,

7. The contents of the Bidder’s Bid Form documents have not been communicated by Bidder, its agents, servants or employees or its surety on any bond furnished with the bid and will not be communicated to any person prior to the official bid opening.

Bidder’s Legal Name:_________________________________

By:________________________________________________

Print Name of Authorized Signor:________________________

Title:_______________________________________________

Subscribed and sworn to before me this ____ day of______________, 2025 by __________________________as_______________________of_____________________________. [Title] [Business Name] ____________________________Notary Public ___________________ ________ County, ________ My Commission expires: __________________

VI. Listing of Persons Interested in this Bid Award

Provide a complete listing of the names and addresses of all persons interested (financially or otherwise) in the award of this bid.

VII. Listing of Ownership Interests in Bidder

Provide the names and addresses of all individuals, partners, trustees, shareholders, and members having an ownership interest in Bidder and the respective percentages of ownership.

VIII. Listing of Collection Trucks

Provide a descriptive listing of all collection trucks available immediately for use in the performance of the scope of services outlined in the Invitation to Bid:

MODEL YEAR MAKE AND MODEL REGISTRATION PLATE NO.

Provide a descriptive listing of any collection trucks Bidder will purchase in order to augment its present fleet if awarded the Bid.

MODEL YEAR MAKE AND MODEL REGISTRATION PLATE NO.

IX. Identification of Similar Contracts

Provide the names and addresses of references for similar waste collection and disposal contracts performed by the Bidder during the previous five (5) year period

X. Identification of Composting Facility

Provide substantial evidence and information regarding the location of the compost site proposed to be utilized, including its principal owners and a descriptive explanation of the contractual relationship between the Bidder and the compost site. Describe requirements of the compost site for acceptance of yard waste/ lawn debris (i.e. paper yard waste bags, branches, and brush, wood chips, etc.)

XI. Identification of Solid Waste Disposal Facility

Provide substantial evidence and information regarding the location of the solid waste disposal site proposed to be utilized, including its principal owners and a descriptive explanation of contractual relationship between the Bidder and the solid waste disposal site (i.e. landfill, incinerator, transfer station)

XII. Identification of Materials Recovery Facility

Provide substantial evidence and information regarding the location of the materials recovery facility (MRF) site proposed to be utilized, including its principal owners and a descriptive. explanation of the contractual relationship between the Bidder and the MRF. Describe requirements of the MRF for acceptance of recyclable materials and the process of how the MFR has these recyclable materials recycled.

XIII. Waste Collection and Disposal Contract

Attached is a copy of the Waste Collection and Disposal Contract that the successful Bidder is required to sign within fifteen (15) days after the bid award by the Township and Village.

WASTE COLLECTION AND DISPOSAL CONTRACT

Agreement made and entered into this ___ day of __________, 2025 by and between the Township of Armada, whose address is 23121 East Main Street, Armada, MI 48005 (hereinafter referred to as the Township), the Village of Armada, whose address is 74274 Burk Street, Armada, MI 48005 (hereinafter referred to as the Village), and [insert name of successful bidder], a [insert state of incorporation or organization] corporation, whose address is [insert mailing / street address of successful bidder] (hereinafter referred to as Contractor).

WHEREAS, the Township and Village collectively issued an Invitation to Bid for provision of Single Hauler Waste Collection and Disposal Services to be rendered in their respective geographical service areas in accordance with the Contract Documents as defined herein;

WHEREAS, by the terms and conditions of the Invitation to Bid, the successful bidder is required to enter into a contract for the provision of Single Hauler Waste Collection and Disposal Services within fifteen (15) days of the bid award;

WHEREAS, the Contractor submitted a bid in response to the Invitation to Bid, which has been accepted by the Township and Village; and, NOW, THEREFORE, for and in consideration of the mutual undertakings of the parties hereto, as hereinafter set forth, the receipt and sufficiency of which is hereby acknowledged by the parties, it is agreed as follows:

1. Single Hauler Collection and Disposal Scope of Services. The Contractor shall provide the labor, material and equipment necessary to provide the following scope of services for the term of this Contract:

A. Weekly, curb and roadside collection and disposal of Mixed Waste generated by single family generation sites in the Township and Village. This scope of service will be started and completed by the Contractor on the service days of the week and between the hours as approved by the Township and Village. The Township will have two service days per week to complete collection of Mixed Waste within its geographic service area and the Village will have one service day per week to complete collection of Mixed Waste within its geographic service area.

B. Monthly, curb and roadside collection and disposal of Bulk Items generated by single family generation sites in the Township and Village. Collection of bulk items from single family generation sites will be started and completed by the Contractor on the first service day every month and between the hours approved by the Township and Village for collection of Mixed Waste [Scope of Service 1. A. above].

C. Weekly, curb and roadside collection and disposal of Recyclables generated by single family generation sites in the Township and Village. This scope of service will be started and completed by the Contractor on the same service day and between the same times approved by the Township and Village for collection of Mixed Waste [Scope of Service 1. A. above].

D. Seasonal, weekly, curbside collection and disposal of Yard Waste/Lawn Debris generated by single family generation sites in the Village, only. During the annual period of April 1st through November 30th, this scope of service will be started and completed by the Contractor on the same service day and between the same times approved by the Village for collection of Mixed Waste [Scope of Service 1. A. above].

E. Seasonal, weekly curbside collection and disposal of Christmas Trees generated by single family generation sites in the Village, only. During the annual period of December 26th through January 15th, this scope of service will be started and completed by the Contractor on the same service day and between the same times approved by the Village for collection of Mixed Waste [Scope of Service 1. A. above].

F. Provision of 6-yard containers / Serviced Weekly. The Contractor is to supply and service weekly 6-yard containers at locations approved by the Township and/or Village. It is anticipated that the Township will deploy two 6-yard containers and the Village one 6-yard container. Other 6-yard containers may be ordered by the Township and/or Village from time to time for other municipal sites.

G. Monthly collection and disposal of Mixed Waste / Bulk Items and Recyclables deposited at the Township owned and operated Transfer Station by Township and Village residents. The Transfer Station is located at 21327 Armada Ridge Road. On the third Saturday of every month, the Contractor will provide the equipment and personnel to collect and dispose of Mixed Waste / Bulk Items and Recyclables dropped off by Township and Village residents.

H. Billing of Owners/Occupants of Single-Family Generation Sites for Performance of Scope of Services. The Contractor is responsible for the billing of the Owner/Occupant of single-family generation sites for Scope of Service 1. A. and 1. B. [Weekly Collection and Disposal of Mixed Waste and Monthly Collection and Disposal of Bulk Items], Scope of Service 1. C. [Weekly Collection and Disposal of Recyclables], and Scope of Service 1. D. [Seasonal Weekly Collection and Disposal of Yard Waste/Lawn Debris, Village Only], at the unit prices bid per single family generation site as set forth at Exhibit A to this Contract. Only one billing fee may be charged per single family generation site, regardless of the services rendered.

The Contractor may charge and collect a billing fee per bill based on unit prices bid as set forth at Exhibit A to this Contract for a quarterly billing cycle (four bills per year) or an annual billing cycle (one bill per year) where the owner/occupant pays the total annual Scope of Services in advance.

An additional billing fee will not be charged for Scope of Service 1. E. [Seasonal weekly curbside collection and disposal of Christmas trees generated by single family generation sites in the Village], Scope of Service 1. F. [Provision of 6-yard containers] and Scope of Service 1. G. [Monthly collection and disposal of Mixed Waste/Bulk Items and Recyclables deposited at the Township owned and operated Transfer Station].

2. Compensation. For and in consideration of the performance of the Single Hauler Collection and Disposal Scope of Services as defined in Section 1. of this Contract, Contractor shall be paid compensation for services rendered based on the unit prices and billing fee set forth at Exhibit A for the term of this Contract.

3. Term. The term of this Contract is five (5) years, commencing on March 1, 2026, and expiring February 28, 2031.

4. Exclusivity. For the term of this Contract, the Township and Village grant Contractor the exclusive right, privilege and duty to render the Scope of Services as defined in Section 1. A. (Weekly, curb and roadside collection and disposal of Mixed Waste), 1. B. (Monthly, curb and roadside collection and disposal of Bulk Items), 1. C (Weekly, curb and roadside collection and disposal of Recyclables), and 1. D. (Seasonal, weekly, curbside collection and disposal of Yard Waste/Lawn Debris, Village, only) by ordinances adopted by the Township and Village. All single-family generation sites within the Township and Village shall be required to utilize this Scope of Services; provided, however, Township and Village residents can opt out of this Scope of Services so long as owner/occupant of a single-family generation site does not contract with any other waste hauler for this Scope of Services.

Each single-family generation site shall establish this Scope of Services with Contractor separately and two or more single family generation sites shall not be permitted to share the Scope of Services under a single account.

The Township and Village shall use good faith efforts to protect and enforce the exclusive rights of Contractor through enforcement of their respective ordinances against third-party violators. Contractor may independently enforce the exclusivity provision of this Contract against third-party violators, including but not limited to seeking injunctive relief, and the Township and Village shall use good faith efforts to cooperate in such enforcement actions brought by Contractor.

5. Scope of Services Protocols. In addition to the duties set forth in the Contract Documents, Contractor shall implement and comply with the following Scope of Service Protocols for the term of this Contract:

A. Provision of Carts. Contractor, at its own cost, shall provide each single-family generation site with one (1) 95-gallon cart for weekly road and curbside collection of Mixed Waste and one (1) 64-gallon cart for weekly road and curbside collection of Recyclables. The carts provided by Contractor are property of the Contractor, who is responsible for retrieval of its carts upon expiration or termination of this Contract. The Township and Village shall approve the composition and color of the carts used in their respective geographic service areas.

B. Additional Carts. An Owner/Occupant of a single-family generation site may purchase up to two (2) additional approved 95-gallon carts for weekly road and curbside collection of Mixed Waste and one (1) additional 64-gallon cart for weekly road and curbside collection of Recyclables at the unit prices set forth at Exhibit A to this Contract.

C. Mandatory Use of Carts. Mixed Waste and Recyclables generated by a single-family generation site in the Township or Village placed curbside or roadside in a container other than the approved 95-gallon (Mixed Waste) and 64-gallon (Recyclables) cart shall not be collected as part of this weekly scope of service.

D. Replacement of Lost, Stolen, Damaged, or Destroyed Carts. Carts lost, stolen, damaged, or destroyed through no fault of the Contractor shall be replaced. The Contractor shall bill the owner/occupant of the single-family generation site for the replacement cart at the unit prices set forth at Exhibit A to this Contract. If a cart is damaged or destroyed by Contractor, normal wear and tear exempted, Contractor shall provide the owner/occupant with a new cart, free of charge.

E. Seasonal, weekly, curbside collection of Yard Waste/Lawn Debris (Village, only). During the annual period of April 1st through November 30th, this scope of service will be started and completed by the Contractor on the same service day and between the same times approved by the Village for collection of Mixed Waste from single family generation sites using the following approved means of disposal:

Grass clippings, weeds, leaves 39-gallon capacity approved paper yard waste bags placed curbside for collection

Residential tree and shrub branches less than six inches (6") in diameter and no longer than five feet (5') in length

Bundled and tied and placed curbside for collection

F. Scope of Services, Location, Frequency and Permissible Time. Contractor shall comply with the following schedule in performing the Scope of Services:

Mixed Waste

Curbside and Roadside

Weekly Between 7:00 am and 5:00 pm on approved service day

Bulk Items

Recyclables

Weekly Between 7:00 am and 5:00 pm on approved service day

Yard Waste/Lawn Debris

Curbside, Village only

Christmas Trees

Curbside, Village only

6-yard containers At locations designated by Township or Village

Weekly Between 7:00 am and 5:00 pm on weekly service day

Transfer Station

21327 Armada Ridge Rd Monthly on the third Saturday every month and Bulk bi-annually Between 9:00 am and 1:00 pm on service day

G. Overweight Carts. Contractor may refuse to service a 95 gallon or 64-gallon cart that is reasonably believed to be overweight. A cart shall be considered “overweight” if the total weight of the cart and contents exceeds 200 pounds for a 95-gallon cart or 130 pounds for a 64-gallon cart. The Contractor shall provide notification to the owner/occupant of a single-family generation site regarding the reasons for non-service of an overweight cart.

H. Disposal and Processing. Contractor shall dispose of the Mixed Waste and Bulk Items collected in the discharge of the Scope of Services only at solid waste disposal facilities that are licensed and permitted to accept such solid waste. Contractor shall process the Recyclables and Yard Waste/Lawn Debris collected under this Agreement only at processing facilities that are licensed and permitted to process such materials.

I. Impact of Holiday Falling on Service Day. When an approved service day for the Township and/or Village falls on a recognized holiday, collection shall be delayed one (1) day and collected the day following the recognized holiday, including a Saturday (if the approved collection day is Friday).

Presently, there are six (6) recognized holidays: NEW YEAR'S DAY, MEMORIAL DAY, FOURTH OF JULY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS DAY.

J. Call Center. In order to effectively handle Owner/Occupant service complaints, Contractor shall maintain a dedicated line in a call center dedicated to resolving service complaints during the term of the Contract. The call center shall be operational Monday through Friday, between the hours of 8:00 a.m. to 6:00 p.m. The Contractor shall employ sufficient customer service personnel who understand and communicate effectively in the English language (both in writing and orally) to enable the Contractor to resolve complaints regarding collection service in a courteous and efficient manner. The Contractor's customer service representatives shall be courteous and professional in all interaction with individuals interacting regarding complaints. Complaints received by the Contractor's call center shall be resolved within a twenty-four (24) hour window. Monthly detailed reports are to be provided by the Contractor to the Township and Village with all contacts categorized by type of complaint (i.e. refuse, yard waste, missed pick-ups, etc.), location by address, complaint resolution, and other reporting criteria as captured by the Contractor.

The Contractor shall include the call center’s dedicated phone number in all informational materials distributed or communicated to Owners/Occupants. The Contractor shall be responsible for notifying the Township, Village and their respective Owners/Occupants thirty (30) days before the dedicated call center phone number is changed for any reason.

Any Owner/Occupant complaints or calls for service received at the Township and/or Village municipal offices shall be communicated to the Contractor’s designated Field Supervisor for investigation; and a written disposition of results returned to the Township and/or Village within 24 hours. A resolution shall be made by the designated Field Supervisor on a daily basis. If the Township and/or Village determines the Contractor is at fault and the concern.

K. Designated Field Supervisor. The Contractor shall have at least one (1) full-time Field Supervisor designated and dedicated to the proper and timely administration of the Scope of Services to be provided to the Township and Village. The Field Supervisor shall be familiar with all single-family generation sites in the Township and Village, the approved route for collection, and the representatives of the Township and Village who will be points of contract for communication on the Scope of Services. The designated Field Supervisor shall have the power to troubleshoot and resolve all Owner/Occupant complaints and requests for service.

L. Compliance with all Applicable Laws and Regulations. In discharging the Scope of Services and any other duties arising under this Contract or the Contract Documents, Contractor shall fully comply with all applicable local, state and/or federal laws and regulations.

M. Set-Out Time. All carts containing Mixed Waste and Recyclables, Bulk Items, and Yard Waste/Lawn Debris in approved means of disposal must be properly placed at the curb or roadside by the Owner/Occupant of the single-family generation site for pick-up by 7:00 a.m. on the approved service day. Carts, Bulk Items and/or Yard Waste/Lawn Debris in approved means of disposal not collected as a result of missing the designated set-out time of 7:00 a.m.

N. Liquidated Damages. In addition to any other legal right or remedy arising from a breach of a duty arising under the terms and conditions of this Contract, the Township and/or Village shall have the right to impose and collect from the Contractor the following schedule of liquidated damages. The Contractor acknowledges that a breach of Scope of Services provided for by this Contract causes serious and substantial damage to the Township and/or Village. The parties acknowledge and agree that the harm caused by Contractor’s breach of the Scope of Services is impossible or very difficult to accurately estimate at the time of contract and that Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from the breach. The Contractor agrees that in the case of such a breach, the following Liquidated Damages may be imposed for the specified violations:

1. Failure to properly transfer the accumulated Mixed Waste/Bulk items, Recyclables, or Yard Waste/Lawn Debris from the approved means of disposal to the Contractor’s truck resulting in the collected items being deposited on the public road or street or private property without being immediately picked or cleaned - Liquidated Damages of $100.00 per incident;

2. Failure of the Contractor’s personnel to be courteous and respectful to an owner/occupant of a single-family generation site – Liquidated Damages of $100.00 per incident;

3. Failure to return carts to an upright position and off the public road or street after servicing – Liquidated Damages of $100.00 per incident;

4. Spillage/leakage from the Contractor’s collection truck onto the public roadway – Liquidated Damages of $100.00 per street per incident;

5. Failure of the Contractor to resolve a verified service complaint by noon of the next succeeding workday following the issuance of the service complaint – Liquidated Damages of $100 per day until resolved;

6. Damage to Mixed Waste or Recyclables Cart caused by Contractor - Liquidated Damages of $100 per day for each day if the damaged cart is not replaced within 24 hours of notice to the Contractor.

6. Default and Termination of Contract. The Township and /or Village may terminate this Contract prior to its expiration date upon ten days written notice of the occurrence of a default as hereinafter provided. Each of the following events shall constitute a default:

A. The failure by the Contractor to fulfill its obligations hereunder in a timely and proper manner in accordance with this Contract.

B. The failure by the Contractor to perform any material covenants, agreements, terms or obligations set forth in this Contract.

C. The Contractor ceases to conduct business in the normal course by reason of insolvency or by or in bankruptcy.

The Township and/or Village shall provide written notice to the Contractor specifying the default event. The Contractor shall have the right within ten (10) calendar days from receipt of the written notice to cure the default event and thereby avoid being in Default. If the Contractor promptly undertakes reasonable actions to cure the default event and diligently pursues same to completion to the satisfaction of the Township and/or Village, the Contractor shall not be considered to be in Default. After the default event, which is not cured by Contractor as provided above, the Township and/or Village may, at any time, thereafter, terminate this Contract by written notice of termination sent by certified mail, return receipt requested, to the Contractor. Upon such termination, the Township and/or Village may, in its discretion, instruct the Contractor to continue performance of the Contract for an additional ninety (90) days after termination, in order to obtain a replacement Contractor.

After a Default and Termination as provided above, the Contractor shall be liable to the Township and/or Village for any damages sustained by virtue of the Contractor's breach, and any reasonable costs the Township and/or Village incurs enforcing or attempting to enforce this Contract, including actual attorney fees.

7. Failure to Perform Beyond Control of the Contractor. Notwithstanding any other provision in this Contract or other Contract Documents to the contrary, Contractor shall not be in default or otherwise liable for any failure to perform any of its obligations under this Contract, if such failure is caused by forces beyond the control of Contractor including but not limited to war, civil disasters (including but not limited to riot, fire, explosion, accident, flood, hurricane, earthquake, extremely icy, hazardous conditions of streets and alleys, making it impossible or dangerous to move equipment over same), or by any force majeure or act of God. Provided, however, whenever the Contractor seeks to implement the protection of this section, it must promptly notify the Township and/or Village in writing of the force majeure event, which notice shall specify:

A. The force majeure event;

B. Contractor's efforts to resolve the force majeure event as soon as reasonable possibly; and, C. Contractor's estimate of when the force majeure event will be resolved.

Contractor shall promptly begin and diligently pursue to completion all reasonable actions or activities to eliminate the force majeure event so as to resume performance under this Contract as soon as reasonably possible.

Notwithstanding efforts by Contractor, if the force majeure event impacts the health, safety, and welfare of Township and/or Village residents, the Township and/or Village shall have the right to undertake whatever actions it deems appropriate to resolve the force majeure event.

8. Mandatory Maintenance of Insurance. Contractor agrees to secure and keep in force during the entire term of this Contract, or any extension thereof, the insurance coverages required by the Contract Documents, in the form and in the amounts specified therein.

9. Indemnification. To the fullest extent permitted by law, the Contractor expressly agrees to indemnify and hold the Township and Village (collectively the Municipalities), their respective elected and appointed officials, employees, and volunteers and others working on behalf of the Municipalities harmless from and against all loss, cost, expense, damage, liability, or claims, whether groundless or not, arising out of the bodily injury, sickness, or disease (including death resulting at any time therefrom) which may be sustained or claimed by any person or persons, or the damage or destruction of any property, including the loss of use thereof, based on any act or omission, negligent or otherwise, of Contractor or anyone acting on its behalf in connection with or incident to the contract or the work to be performed thereunder, except that the Contractor shall not be responsible to the Municipalities on indemnity for damages caused by or resulting from the Municipalities sole negligence; and the Contractor shall, at its own cost and expense, defend any such claim and any suit, action, or proceeding which may be commenced hereunder, and the Contractor shall pay any and all judgments which may be recovered in any such suit, action, or proceeding, and any and all expense, including, but not limited to, costs, attorneys' fees, and settlement expenses which may be incurred therein.

10. Independent Contractor Status. The relationship between the Contractor and the Township and Village is contractual and the Contractor and its employees are not, in the performance of the Scope of Services, agents or employees of the Township or Village. Nothing in this Agreement shall be construed to give City any right or duty to supervise or control Contractor, its officers, employees, agents, contractors, or subcontractors, or to determine the manner in which Contractor shall perform the Scope of Services under this Contract.

11. Assignability. The Contractor shall not assign nor subcontract this Contract or any part thereof to any person or firm unless such assignment or subcontract is first approved in writing by the Township and/or Village, it being understood that the Contract shall not be assignable unless the proposed assignee is acceptable to the Township and/or Village using the same standards as used in making the award of this Contract.

12. Modification. The terms of this Contract may only be modified, changed, or altered upon the mutual written agreement of the parties. No such amendment shall be effective and binding unless it expressly makes reference to this Contract, is in writing, and is signed by the Contractor and the duly authorized representatives of the Township and/or Village.

13. Severability. If any provision of this Contract, or the application thereof to any person or circumstance shall to any extent, judicially be determined to be invalid or unenforceable, the remainder of this Contract, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Contract shall be valid and enforceable to the fullest extent permitted by law.

14. Governing Law. This Contract shall be construed in accordance with the law of the state of Michigan. Any litigation initiated by a party to this Contract against another party to this Contract shall be filed on the Business Court Docket of the Macomb County Circuit Court in Mount Clemens, Michigan.

15. Notices. Any notice required to be given to a party by this Contract shall be addressed to the following authorized representatives at the address specified:

Contractor [Insert Name and Title and Address]

16. Contract Documents. The Invitation to Bid for Provision of Single Hauler Waste Collection and Disposal Services, Single Hauler Collection and Disposal Scope of Services, and Contractor’s Bid Form Documents, as amended, are incorporated herein by reference and shall become part of the Contract Documents and binding upon the parties hereto. In the event any term or condition of this Contract conflicts with a term or condition of any other Contract Documents, the conflict shall be resolved in favor of the term or condition of this Contract.

Contractor acknowledges that it has read the Contract Documents, understands the terms and conditions set forth in the Contract Documents, and agrees to be bound by the Contract Documents.

[SIGNATURES ON FOLLOWING PAGE]

The parties, by and through their respective authorized signors, have caused this Contract to be executed on the day and year identified below.

Township of Armada

By: Christopher Krotche, Supervisor

Date: ___________________, 2025

By: Mary Swiacki, Clerk

Date: ___________________, 2025

Village of Armada

By: David Coenen, President

Date: ___________________, 2025

By: Michelle Poulos, Clerk

Date: ___________________, 2025

Contractor

By: ____________, _____________

Date: ___________________, 2025

EXHIBIT A

Unit Prices Bid

A. Weekly Curb and Roadside Collection and Disposal of Mixed Waste/Monthly Curb and Roadside Collection of Bulk Items, Township and Village [Please refer to Subsections 2. A. and B. of Scope of Services]

Year 4

Year 5

Quarterly Charge Bid Per Single Family Generation Site (Estimated at 1,900 sites)

B. Weekly Curb and Roadside Collection and Disposal of Recyclables, Township and Village [Please refer to Subsection 2. C. of Scope of Services]

Year 4

Year 5

Quarterly Charge Bid Per Single Family Generation Site (Estimated at 1,900 sites)

C. Seasonal weekly Curbside Collection and Disposal of Yard Waste/Lawn Debris, VILLAGE ONLY [Please refer to Subsection 2. D. of Scope of Services]

Year 4

Year 5

Monthly Charge Bid Per Single Family Generation Site (Estimated at 500 sites)

D. Weekly Servicing of 6-yard containers, Township and Village [Please refer to Subsection 2. F. of Scope of Services]

Year 4

Year 5

Monthly Charge Bid Per 6-yard container (Estimated at three containers)

E. Monthly collection and disposal of Mixed Waste/Bulk Items and Recyclables deposited at the Township owned and operated Transfer Station on the third Saturday of every month, TOWNSHIP ONLY [Please refer to Subsection 2. G. of Scope of Services]

Year 4

Year 5

Monthly Charge Bid (One collection day per month on the third Thursday of the month)

F. Monthly or Annual Billing Charge [Please refer to Subsection 2. H. of Scope of Services]

Year 3

Quarterly Billing

Option

Option

Option

Option

Billing Charge Bid Per Single Family Generation Site

G. Fees for owner/occupant to Purchase Additional or Replacement 95-gallon (refuse) or 64-gallon (recyclables) cart.

Year 3

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