itb 23-044.pdf

2023 Collection and Disposal of Solid Waste City of Southfield - Request for Proposals

Request for Proposals

Collection and Disposal of Residential Solid Waste and Other Municipal Services

In Southfield, Michigan

Released: August 24, 2023 Responses Due: October 23, 2023

Issued By:

City of Southfield

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Request for Proposals Collection and Disposal of Residential Solid Waste and Other Municipal Services Table of Contents

1. General Information

1.1 Purpose

1.1.1 Scope of Services Being Solicited

1.1.2 Profile of Service Area

1.1.3 General Description of Work to be Performed

1.1.4 Mandatory Requirements for Successful Proposer

1.2 Submittals

1.2.1 Issuing Office

1.2.2 Proposals

1.2.3 Response Date for Submitting Technical and Cost Proposal

1.2.4 Addenda

1.2.5 Incurring Costs

1.2.6 Pre-Proposal Conference

1.2.7 Contract Award

1.2.8 Reporting

1.2.9 Vendor's Liability and Non-Discrimination

1.2.10 Disclaimer

1.2.11 Disclosure

1.2.12 Rejection Rights

1.2.13 Acceptance of Proposals

1.2.14 Interpretation, Corrections and Changes

1.2.15 Specifications

1.2.16 General Information

1.2.17 Local Conditions Affecting Work

1.2.18 News Releases

1.2.19 Insurance and Performance Bond Requirements

1.2.20 Hold Harmless

1.2.21 Commercial Drivers Licenses

1.2.22 Dispute Resolution

1.2.23 Default and Termination

1.3 Proposal Evaluation and Selection Process

1.3.1 Proposal Review Process Timeline

1.3.2 Acceptance of Proposal Content

1.3.3 Interviews/Oral Presentation

1.3.4 Vendor Exceptions to the RFP and Contract Requirements

1.3.5 Exclusionary Criteria and Proposal Elimination

1.3.6 Evaluation Criteria and Contractor Selection

1.3.7 Experience/Strength of Operations Criteria and Contractor Selection

1.3.8 Technical Criteria and Contractor Selection

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1.3.9 Financial Criteria and Contractor Selection

1.3.10 Independent Price Determination

2. General Provisions

2.1 Term

2.2 Customer Communications and Complaint Handling Procedure

2.3 Service Standards

2.3.1 Field Rules and Regulations

2.4 Determination of Units Serviced

2.4.1 Additions and Deletions

2.5 Collection and Disposal of Solid Waste on Sundays

2.6 Holidays

2.7 Vehicles and Equipment

2.8 Damage to Property

2.9 Liquidated Damages

2.10 Escalator Clause for Contract Price Adjustment

2.11 Basis and Method of Payment

2.12 Disposal of Solid Waste and Other Materials

2.13 Access

2.14 Private Driveways & Private Roads

2.15 Route Schedule

2.16 Hauling

2.17 Storms and Other Disasters

2.18 Additional Services

2.19 Infrastructure Renovation/Streets Blocked By Construction

2.20 Private Agreements

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2.21 Non-Assignment

3. Specifications for Solid Waste Collection and Disposal Services

3.1 Residential Collection Services

3.1.1 Residential Refuse Collection

3.1.2 Residential Bulky Waste

3.1.3 Residential White Goods

3.1.4 Tagging nonconforming containers

3.1.5 Handicap/ Door-to-Curb Pickup

3.1.6 Christmas Trees

3.1.7 Yard Waste/Lawn Debris Collection

3.1.8 Recycling Collection and Disposal

3.2 Other Municipal Solid Waste Services

3.2.1 Municipal Solid Waste and Recycling

4. Submission Requirements and Forms

4.1 Proposal Summary

4.1.1 Bid Bond

4.1.2 Proposal Authorization Signature

4.1.3 Introduction to Proposal

4.2 Technical Proposal

4.2.1 Proposer’s Statement of Organization (Form A)

4.2.2 Proposer’s Staffing (Form B)

4.2.3 Collection Services Proposal – Summary Description

4.2.4 Equipment Plan and Collection Vehicles (Forms C through F)

4.2.5 Exceptions to Agreement (Form G)

4.2.6 Financial Qualifications

4.2.7 Litigation History

4.3 Collection Services Cost Proposal

4.3.1 Collection Cost Proposal Signature Page

4.3.2 Collection Services Cost Proposal

Appendix A - Cost Proposal Checklist and Forms Appendix B - Delivery Standards for Single Stream Recycling Appendix C - Required Performance Bond Form Appendix D - Technical Proposal Forms and Checklist Appendix E - Collection Data Appendix F – Non-Collusion Affidavit

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1. General Information

1.1 Purpose

1.1.1 Scope of Services Being Solicited

This Request for Proposals (the “RFP”) is issued by the City Southfield (the City). The RFP requests Technical and Cost Proposals from qualified Vendors (the “Proposers”) to provide collection of solid waste in the form of refuse, recyclables, bulky items, and yard waste for all single-family residential housing units and select commercial sites. The City is also seeking proposals for special solid waste and recycling services, as additionally defined in this RFP.

The work to be performed under this contract shall consist of providing refuse, recyclable, bulky items, and yard waste collection and disposal services. The Proposer shall be responsible for designating the refuse disposal location, recycling processing facility, and yard waste composting site and including all tip fees, surcharges, and taxes in the cost proposal.

Additionally, special solid waste and recycling services may be integrated into the contract for residential services or awarded independently at the City’s discretion.

The selected contractor shall be responsible for providing and maintaining all labor, equipment, materials, tools, insurance, permits, supervision, and all other items necessary to collect and dispose of the designated solid waste in accordance with all applicable local, state, and federal requirements.

The initial collection contract will be effective July 1, 2024. The term of the contract will be a service period of five (5) years through June 30, 2029, with one (1) option to renew for a three (3) year period.

The City may hold proposals for a period of one hundred twenty days (120) days from opening for the purpose of reviewing results and investigating qualifications of Proposers prior to making an award.

The City reserves the right to waive irregularities and to accept or reject any or all proposals submitted, and take any other action allowed by law, ordinance, or city purchasing policy.

1.1.2 Profile of Service Area

This RFP is intended to solicit for services in the City of Southfield. According to the 2020 Census, the City has a household population of 74,861. Curbside service is provided to 17,175 households within the City including single-family detached homes, two-family residential homes, and some residential condominium developments, and not including apartment complexes and mobile home parks.

1.1.3 General Description of Work to be Performed

The company selected as the Vendor (the “Contractor”) will provide collection and disposal services for refuse, recyclables, bulky items, and yard waste for all single-family residential housing and designated units in accordance with the provisions of this RFP.

The Contractor may also be responsible for city park, police, and other municipal solid waste container pickups, as well as on-demand service for roll-offs, special waste services, and special event solid waste containers, as requested by the City. Section 3.2 provides additional detail concerning these services.

1.1.4 Mandatory Requirements for Successful Proposer

These guidelines are provided to assist participating firms in formulating a thorough response.

The successful firm shall ensure/understand that:

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1. They shall work closely with the City during all phases of the work. A strong, positive working relationship must be maintained.

2. All licenses required for a discipline by the State of Michigan shall be maintained during the term of the contract.

3. The firm shall provide a single point of contact for the duration of the contract.

4. The firm shall meet with applicable City committees, City Council, and boards or commissions, as necessary.

The selected vendor shall be required to sign a service agreement with the City. No proposal will be accepted from, or contract awarded to any person, firm, or corporation that is in arrears or is in default to the City upon any debt or contract; or that is in default as surety or otherwise, or failed to perform faithfully any previous contract with the City.

1.2 Submittals

1.2.1 Issuing Office

This RFP is issued by the City of Southfield. To maintain the integrity of this procurement, all correspondence or questions concerning this RFP must be submitted in writing (via e-mail) to the contact below. Failure to do so may result in disqualification of your proposal:

Rae L. Townsel, CPPB Acting Purchasing Agent City of Southfield 26000 Evergreen Road Southfield, MI 48076 rtownsel@cityofsouthfield.com

Replies will be issued by addenda if there is a material change to the specifications, and then posted on MITN website at https://www.bidnetdirect.com/mitn. Questions received less than seven (7) days prior to the date of opening will not be answered by formal written addenda. Oral interpretations or clarifications will be without legal effect.

1.2.2 Proposals

To be considered, Proposers must submit a complete Technical and Cost Proposal response to this RFP, in accordance with Section 4, Submission Requirements & Forms. The Technical and Cost Proposal must be signed by an official authorized to bind the Vendor to their provisions. The RFP response must include a statement from the Vendor as to the period during which its proposal will remain in effect. This period must be at least 120 days from the due date of submission of the Proposal.

Proposals should be prepared simply and economically, providing a straightforward, concise description of the Vendor's ability to meet the requirements of the RFP. Emphasis should be on completeness and clarity of content.

Vendors must respond to this RFP using the format and forms provided in the RFP. Failure to conform to the specifications will be considered non-responsive and may result in disqualification. Any deviation from the scope of work must be noted in the proposal.

1.2.3 Response Date for Submitting Technical and Cost Proposal

Sealed technical and cost proposals need to be received by October 23, 2023, at 11:00 am. Proposers shall submit proposals electronically uploaded to the MITN (www.mitn.info) website by the due date and time. Allow sufficient time to go through the uploading process. It is preferred that only one file be

2023 Collection and Disposal of Solid Waste 3 uploaded, in PDF, with a size limitation of 20 MB. For assistance on how to upload, contact MITN directly at (800) 835-4603. The MITN system will not allow for late submittals and a submittal must be completed before the due date and time. This responsibility rests entirely with the Respondent, regardless of delays resulting from the uploading process

1. All proposals shall be clearly marked “REQUEST FOR PROPOSALS TO PROVIDE REFUSE, RECYCLABLE AND YARD WASTE COLLECTION AND DISPOSAL SERVICES" along with the name and address of the Proposer, and shall be accompanied by a Bid Bond and all required documents. If the proposal is sent through the mail or by other delivery system, the sealed envelope shall be enclosed in a separate mail envelope marked “PROPOSAL DOCUMENTS ENCLOSED” on the face. Each Proposer assumes all risks in using the mail or any other delivery system, including, but not limited to the risk that its proposal will not be delivered before submission deadline. Bids are considered received when in possession of the City Clerk’s office and not simply on City Property. It is the bidder’s responsibility to ensure that documents are received in the proper location by contacting the City Clerk’s Office prior to the deadline time and date.

All technical and cost proposals must be accompanied by bid bond or certified check satisfactory to the City, executed by a surety company or domestic banking institution authorized to do business in the State of Michigan or otherwise secured in a manner satisfactory to the City, in an amount equal to one hundred thousand dollars ($100,000.00). Failure to provide a bid bond may result in disqualification.

Proposals may be modified or withdrawn by an appropriate document duly executed and delivered prior to the opening of proposals. After the proposal opening, all proposals shall remain open for one hundred twenty (120) days.

1.2.4 Addenda

Prior to the submission due date, the City reserve the right to revise or amend the RFP. Any changes made to the RFP will be posted on the MITN website at https://www.bidnetdirect.com/mitn. These addenda will be numbered consecutively. It is the vendor’s responsibility to be sure they have obtained all addenda. Each Proposer shall acknowledge the receipt of all addenda by executing the acknowledgement section included in the Proposal form and submitting it with the proposal.

1.2.5 Incurring Costs

The City is not liable for any costs incurred by prospective Vendor prior to signing of a contract.

1.2.6 Pre-Proposal Conference

A voluntary informational pre-proposal meeting to explain the services and answer any questions will be held at the City of Southfield, 26000 Evergreen Road, Southfield, Michigan 48076. Participants should meet in the lobby of the City of Southfield Municipal Building on September 7, 2023 at 2:00 pm.

The City may elect to provide answers in writing to questions received at the pre-proposal meeting.

Attendance is voluntary.

1.2.7 Contract Award

Contract negotiations will be undertaken with the responsive Proposer(s) found by the City to be the most qualified, responsible, and capable of implementing the scope of services at a reasonable cost. The service agreement to be executed with the selected Vendor(s) will be that which is most advantageous to the City as determined by the City. Contract award(s) is subject to the approval of the Southfield City Council.

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1.2.8 Reporting

All reports, charts, graphs, databases, graphics, and other information developed and/or provided under this request for proposal will be submitted in a format responsive to the needs of the City.

1.2.9 Vendor's Liability and Non-Discrimination

The selected Vendor will provide and maintain public liability, property damage, motor vehicle liability, and workers’ compensation insurance insuring, as they may appear, the interest of all parties to any agreement that results from this RFP. The selected Vendor is responsible for ensuring that all precautions are exercised at all times for the protection of all persons and property.

The Vendor shall secure all necessary certificates and permits from municipal or other public authorities and comply with all federal, state, and municipal laws, ordinances, and regulations as may be required.

It is the policy of the City to provide fair and reasonable opportunities for participation. During the performance of the agreement, the successful Vendor shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity that is unrelated to the person’s ability to perform the duties of the nondiscrimination provision identical to this provision and binding upon any and all contractors and subcontractors. The Vendor also agrees to comply with all applicable federal, state, and local laws in the conduct of work. A breach of this covenant shall be regarded as a material breach of this contract.

1.2.10 Disclaimer

The issuance of this RFP, selection of a Vendor, approval of contractual agreements, or completion of the scope of services does not in any way assure or imply any kind of legal preference in contested cases before a legislative, judicial, or regulatory body.

1.2.11 Disclosure

All supporting documentation shall become the property of the City, or its designated agent(s), unless requested otherwise at the time of submission. Michigan FOIA requires the disclosure, upon request, of all public records that are not exempt from disclosure under Section 13 of the Act, which are subject to disclosure under the Act. Therefore, confidentiality of information submitted in response to this Request for Proposals is not assured.

1.2.12 Rejection Rights

The City reserves the right to reject any or all proposals.

1.2.13 Acceptance of Proposals

The City reserves the right to waive any informality or irregularity in the proposals received, and to accept any proposal(s) which is deemed to be most favorable to the interests of the City.

1.2.14 Interpretation, Corrections and Changes

All questions and/or requests for clarification shall be in writing. No oral interpretation, instruction, or information concerning the RFP given by any employee or agent of the City shall be binding. The City will not be responsible for any explanation or interpretation of the RFP unless it is in accordance with the written procedure.

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1.2.15 Specifications

The refuse, recyclable, and yard waste collection and disposal specifications which will govern the contract are set forth in the General Provisions and Contractor’s Specifications bound herein as Parts 2 and 3 of this RFP.

1.2.16 General Information

Proposers shall inform themselves and comply with all pertinent City regulations and ordinances, State and Federal laws, licenses and tax liability that may in any manner affect their proposals and execution of the work.

1.2.17 Local Conditions Affecting Work

Proposers shall visit the service area and shall completely inform themselves of relative traffic congestion, types of housing, population density, proposed collection procedures, required labor, and other conditions and factors, local and otherwise, which would affect execution and completion of the work at the prices proposed. Such considerations shall include the arrangement and condition of existing structures and facilities, the availability and cost of labor and fuel, facilities for transportation, and handling and storage of materials and equipment. Normal development and/or redevelopment including all types of road construction must also be considered. All such factors shall be properly investigated and considered in the preparation of the proposal. There shall be no subsequent financial adjustment for lack of such prior information.

1.2.18 News Releases

News releases pertaining to this RFP or the service to which it relates will not be made without prior approval from the City.

1.2.19 Insurance and Performance Bond Requirements

The Contractor shall submit a Certificate of Insurance prior to the execution of a contract meeting the minimum limits of liabilities as outlined. All insurance carriers must be acceptable to the City and licensed in the State of Michigan.

A new certificate of insurance shall be provided to the City each year at the time of policy renewal. The Vendor shall not allow for any lapse of insurance coverage in the amounts shown below. Failure of the Vendor to maintain the required insurance shall be grounds for contract cancellation.

1. Workers’ Compensation Insurance: The Vendor shall procure and maintain during the life of this contract, Workers’ Compensation Insurance, including employers Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

2. Commercial General Liability Insurance: The Vendor shall procure and maintain during the life of the blanket purchase order, Commercial General Liability Insurance on an “Occurrence Basis” and motor vehicle insurance with limits of liability not less than $3,000,000.00 (three million dollars) per occurrence, Personal Injury, Bodily Injury, and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations Liability; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and Underground (XCU) Exclusions, if applicable.

3. Additional Insured: Endorsement to the General Liability and Automobile Liability policies shall be provided naming as Additional Insured “The City of Southfield, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members.”

4. Cancellation Notice: Workers’ Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following. “It is understood and agreed that Sixty (60) days Advance Written Notice of Cancellation, 2023 Collection and Disposal of Solid Waste 6

Non-Renewal, Reduction and/or Material Change shall be sent to the City of Southfield, 26000 Evergreen Road, Southfield, Michigan 48076.”

If any of the above coverages expire during the term of the contract, the Vendor shall deliver renewal certificates and/or policies to the City at least ten (10) days prior to the expiration date.

The Contractor shall also provide a performance bond from a Surety, licensed to do business in the State of Michigan, in the sum equal to one-fourth of the amount of the annual total contract price in the event Contractor fails to faithfully perform Contractor’s obligations under this Contract. Said financial assurance shall take the form of a corporate surety bond, or other financial assurance deemed acceptable by the City. Said financial assurance shall stay in effect throughout the contract period. A sample of the required performance bond is included in Appendix C.

1.2.20 Hold Harmless

To the fullest extent permitted by law, Vendor agrees to defend, pay in behalf of, indemnify and hold harmless the City, its elected and appointed officials, employees and volunteers and others working on behalf of the City against any and all claims, demands, suits, or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the City, their elected and appointed officials, employees, volunteers or others working on behalf of the City by reason of personal injury, including bodily injury and death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract.

1.2.21 Commercial Drivers Licenses

All drivers and operators of collection vehicles shall be licensed appropriately by the State of Michigan for operating those vehicles.

1.2.22 Dispute Resolution

The City and the Contractor agree to first use the following process to resolve disputes about issues related to the performance of this contract. If an issue arises requiring resolution, either party shall initiate this dispute resolution process by notifying the other party and scheduling a meeting. The meeting shall serve as a fact-finding opportunity to identify the issue, clarify the problem, review the applicable contract provisions relating to the issue, discuss alternative remedies, and agree upon a means of dispute resolution. The parties shall make a good faith effort to complete the agreed-upon tasks within 30 days of the initial dispute resolution meeting, or specify an alternative schedule and deadline for resolving the issue.

Nothing in this section, Dispute Resolution, shall be construed or implied to reduce, eliminate, or otherwise affect the rights of the City or the Contractor to use any and all other means of legal remedies.

1.2.23 Default and Termination

The City may, after giving Contractor and the surety seven (7) days written notice and to the extent permitted by laws and regulations, terminate the contract if the Contractor:

1. Fails to Perform the required work as specified in this RFP as determined by the City, and fails to correct the deficiency within thirty (30) days after receiving written notice from the City.

2. Materially Violates Any Law or Regulation of any municipal, local, state, or federal laws, rules, regulations, ordinances, and specifications, in performance of this Contract.

3. Files for Bankruptcy or Insolvency. If Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency;

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4. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under other federal or state law in effect at the time relating to bankruptcy or insolvency.

5. Assigns this Contract or any portion thereof in violation of the Agreement.

1.3 Proposal Evaluation and Selection Process

1.3.1 Proposal Review Process Timeline

Following is an estimated timetable for the reviewing of proposals and selecting a Contractor:

Task Expected Dates

1. Distribution of RFP August 24, 2023

2. Optional Pre-Proposal Conference September 7, 2023

3. Proposal Due Date October 23, 2023

4. Begin Contracted Operations July 1, 2024

1.3.2 Acceptance of Proposal Content

The contents of the Technical and Cost Proposal of the successful Vendor will become contractual obligations with the proposal attached by reference to the final Contract documents unless amended by the final contract. Failure of the successful Vendor to accept these obligations may result in cancellation of the award.

1.3.3 Interviews/Oral Presentation

One or more oral presentations to the City may be required prior to award of this contract. Proposers will be notified via an electronic message if oral presentations are to be scheduled.

1.3.4 Vendor Exceptions to the RFP and Contract Requirements

All aspects of the RFP and the contract terms contained in it are binding to the successful Vendor and its Technical and Cost Proposal. Vendors must call out any desired exceptions to specific requirements of the RFP and the contract terms in their Technical and Cost Proposal at the time of their submittal so that the request can be considered in the Vendor selection process. These exceptions are required to be noted in the Technical Proposal Forms under “Exceptions.” The City will not be obligated to consider any requests for exceptions to specific requirements of the RFP and the proposed contract made by the selected Vendor after the due date for the Technical and Cost Proposals.

1.3.5 Exclusionary Criteria and Proposal Elimination

Submitted proposals will be subject to the following exclusionary criteria to determine if they are responsive. Those proposals failing to meet any or all of these criteria will be deemed non-responsive and may be excluded from further consideration:

• Submitted after deadline for proposals

• Did not provide all required information or required number of copies

• No signature on binding cover letter

• Bid bond, letter of credit, or certified check not provided with proposal

1.3.6 Evaluation Criteria and Contractor Selection

Proposals not excluded through this process will then receive a separate and more comprehensive evaluation.

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The City has a strong interest in selecting the Vendor with the best quality and most cost-effective proposal.

Proposals will be evaluated based on the following criteria:

• Vendor’s related experience and strength of operations

• Technical: Vendor’s work plan for completing the scope of services

• Financial: Vendor’s financial stability and pricing

Each criterion is described in detail in the following sub-sections.

1.3.7 Experience/Strength of Operations Criteria and Contractor Selection

The City will consider the experience and strength of operations aspects of the Vendor's proposed services. The experience and strength of operations of each Proposer will be evaluated in terms of demonstrated performance to determine the relative ability of each Proposer to implement the program elements described in this RFP. The City is seeking to identify Proposers with demonstrated commitment to high performance and quality management.

All proposals will be evaluated by criteria that will include but are not limited to:

a. Implementation and administration of solid waste collection systems for single family including equipment selection and route design;

b. Demonstrated expertise in implementing customer service programs, including the development and use of complaint handling procedures, performance measures and benchmarking;

c. Experience in working with public agencies in the design, implementation and operation of public education and information programs that promote recycling participation and waste diversion;

d. Demonstrated expertise in using data management systems to assure accurate data collection, analysis, and regular reporting to the public agency;

e. References.

The Proposal should indicate the Proposer’s level of understanding of the community and may address the Proposer’s historic and expected or intended participation in community events or activities, if any.

Each Proposer’s experience and strength of operations will be evaluated based on the information provided in each proposal.

1.3.8 Technical Criteria and Contractor Selection

The City will consider the technical aspects of the Vendor's proposed services to determine if the Proposer can meet the proposed performance specifications and criteria on a long-term basis.

All proposals will be evaluated by criteria that will include but are not limited to:

a. Capabilities and structure of management team, relationships between management team and corporate management, and internal controls;

b. Review of performance of services similar to those proposed by the Proposer;

c. Review of Proposer’s detailed technical operations and equipment plans (including equipment maintenance plan) confirming the performance predictions as represented in the proposal;

d. Ability to meet implementation schedule and the soundness of the plan for transition to operations as described in the proposal;

e. Commitment to equal employment opportunity:

f. Commitment to employee and public safety;

g. Quality of employee training programs, including but not limited to these areas:

1. Customer service

2. Collection and disposal operations

3. Safety; and,

h. Other factors found to be relevant by the City.

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1.3.9 Financial Criteria and Contractor Selection

All proposals will be evaluated by criteria that will include but are not limited to:

a. The financing capacity and strength of the Proposer will be considered, especially the Proposer’s ability to make any needed start-up investments in equipment;

b. Verification that the proposed costs are consistent with the activities described in the proposal and the Proposer’s operations and maintenance plans;

c. The unit costs quoted by the Proposer for each service type;

d. Total cost over the term of the Agreement.

1.3.10 Independent Price Determination

By submission of a proposal including the Non-Collusion Affidavit in Appendix F, the Vendor is required to certify, that in connection with this proposal:

1. The costs in the proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition as to any matter relating to such costs with any Proposer or with any competitor; and

2. Unless otherwise required by law, the costs, which have been quoted in the proposal, have not been knowingly disclosed by the Vendor and will not knowingly be disclosed by the Vendor prior to award directly or indirectly to any other Proposer or to any competitor.

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2. General Provisions

2.1 Term

The initial term of the contract is for five (5) years commencing on July 1, 2024 and ending June 30, 2029. The City may renew the Contract for one (1) three (3) year term (extension) under the conditions set forth in the contract. The City shall give the Contractor written notice of its intention to extend the contract period no later than one hundred eighty (180) days prior to the expiration of the contract.

2.2 Customer Communications and Complaint Handling Procedure

The Contractor shall designate and dedicate a manager to supervise all work and operations to be performed under this contract. Said manager shall have substantial experience in the management and operation of refuse, recyclable and yard waste collection and disposal systems for a similar size service area.

The Contractor shall have at least one (1) full-time field supervisor on duty at all times, exclusively assigned to and approved by the City. The field supervisor shall familiarize him/herself with all service stops under contract. The field supervisor shall make at least one daily in person check with the City to assure pick-ups are made as scheduled, and to review any open complaints.

The field supervisor will generally have until the end of the day to resolve complaints, with a maximum time limit of 24 hours from the receipt of the complaint. The complaint resolution action will be logged no later than the next business day. Any complaint not closed-out during the required period will be noted and reviewed by the City, or its designee, to determine if liquidated damages are appropriate.

A written monthly report must be supplied to the City, or made accessible in a compatible electronic format, via email or Internet, indicating the complaints and special requests made to the Contractor.

Further, the City retains the right to require the use of specific reporting means at any time during the contract, without additional cost to the City.

The Contractor shall ensure that the field supervisor is equipped with a fully functional cellular telephone by which the City may contact the field supervisor during business hours regarding, but not limited to, complaints and special pickups.

2.3 Service Standards

The Contractor shall provide complete service for each day’s route as scheduled. The Contractor shall not commence collection in residential areas prior to 7:00 a.m. and shall be completed by 6:00 p.m. All collections shall be made as quietly as possible. Unnecessarily noisy trucks or equipment are prohibited.

The Contractor shall pick-up all blown, littered, and broken materials occurring at the point of collection resulting from its collection and hauling operations. Each vehicle shall be equipped with a broom, shovel, and suitable absorbent material for use in cleaning up any spilled debris or material from city streets, sidewalks, or residential property when said spillage is caused by the Contractor. Care shall be taken to prevent damage to property, including lawns, shrubs, and other plants.

The Contractor shall exercise care in the handling of containers, making certain that containers are emptied completely. The Contractor must replace containers in an erect position with the lids replaced thereon, or adjacent thereto, and out of the roadway. In the event the Contractor damages a resident’s container(s), the Contractor shall be responsible to replace said container(s) with one of equivalent value at the Contractor’s expense and within forty-eight (48) hours, excluding non-business days.

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Adverse weather shall not be considered reason for not providing services unless approved by the City, which shall be not unreasonably withheld. When adverse weather conditions exist, the contractor shall notify the City if the continuation of service jeopardizes the safety of employees or the public.

All persons employed by the Contractor shall be competent, skilled, and qualified in the performance of the work to which they are assigned. All personnel shall maintain a courteous and respectful attitude towards the public at all times. The Contractor shall furnish employees with uniforms, which shall be worn at all times, and shall always be as neat and clean as circumstances permit. Upon request, the Contractor shall provide the City with the status of employee participation in all employee training programs related to customer relations, services, and safety issues.

At no time shall the Contractor’s employees solicit, request, or receive gratuities of any kind. The Contractor shall direct its employees to avoid loud/or profane language and/or loud music at all times during the performance of their duties. Any employee of the Contractor who engages in misconduct or is incompetent or negligent in the proper performance of their duties, or is dishonest, disorderly, intoxicated, or discourteous, shall be subject to discharge by the Contractor.

The City may request the dismissal or removal of any employee of the Contractor who violates the provisions hereto, or who is wantonly negligent or discourteous in the performance of their duties.

Employees shall not trespass or loiter, cross property to adjoining premises or meddle or tamper with private or public property, and generally shall in all situations respect private property rights and privacy.

The Contractor, its employees and agents shall:

• At all times exercise a high degree of care to prevent damage to carts, lids, and other personal property of the City’s residents;

• Deal with residents in a professional and courteous manner; and

• Immediately clean up rubbish or refuse spilled by the workers at pick up sites.

2.3.1 Field Rules and Regulations

The Contractor, in performing services under the contract, shall abide by the following rules and regulations and such other rules and regulations as the City may promulgate from time to time.

1. All refuse spilled by the Contractor, or any spilled refuse caused by wind, animals, etc., shall be picked up by the Contractor in the course of its regularly scheduled pick-up.

2. Containers must be put back in approximately the place from where they were picked up.

3. Container lids shall be replaced on containers or must be neatly placed next to containers and not scattered.

4. Rough handling of containers will not be tolerated. Damaged containers shall be replaced or repaired by Contractor at the Contractor's expense.

5. Collection crews shall neither consume controlled substances nor drink alcoholic beverages nor accept remuneration of any kind from residents while performing services under this contract.

Violation of this rule shall be cause for dismissal of the employee when requested by the City.

6. The City expressly reserves the right to make additional reasonable rules and regulations by which the Contractor shall abide.

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2.4 Determination of Units Serviced

For the purposes of responding to this RFP, the number of serviced units expected to be provided with curbside collection services is indicated in Section 1.1.2. For billing purposes and prior to the initiation of service, the selected contractor and the City will jointly complete and agree on a total unit count for each service type and for each route day. Any changes to route days shall be determined by mutual agreement between the City and the Contractor.

2.4.1 Additions and Deletions

The number of units serviced for billing purposes shall be updated monthly as follows:

1) adding the number of occupancy permits for single-family residential structures that require curbside refuse service as issued by the Building Department of the City;

2) deleting the number of completed demolition permits for single-family residential structures issued by that Building Department;

3) the City identifying changes in units requiring service; or in another manner deemed acceptable by the Contractor and the City.

2.5 Collection and Disposal of Solid Waste on Sundays

The collection and disposal of solid waste on Sundays shall not be allowed unless otherwise approved by the City. The Contractor shall not utilize Saturdays and Sundays as a designated collection day in the Schedule of Operations.

2.6 Holidays

The Contractor shall honor only the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

2.7 Vehicles and Equipment

The Contractor shall provide adequate and sufficient garages, shops, and yards to provide all-weather year-round operation and to adequately clean and maintain vehicles and equipment. All vehicles, equipment and facilities used by the Contractor shall be kept and maintained in sanitary condition, in good repair, and free of visual defects, such as but not limited to, rust or body damage. Vehicles, equipment, and facilities shall be subject to inspection for safety, sanitation, repair, and appearance; and subject to approval or rejection the City at any time.

The Contractor shall not use the City’s name or other words implying ownership on stationery, vehicles, or equipment.

The Contractor shall not use or permit any vehicle assigned to the performance of this contract to make any non-contract related collections while performing collections within the City unless approved in advance by the City.

All vehicles and equipment used in collection and transportation of refuse, recyclable, bulky items, and yard waste within the City shall be of sufficient size, capacity, and number to adequately and efficiently collect these items in accordance with the terms of this contract, including under special or unique circumstances. Drivers shall use air axles during straight line collection whenever weight exceeds the tandem axle limit.

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2.8 Damage to Property

The Contractor shall be responsible for all damage incidentals to the work they perform caused by them to streets, properly trimmed trees, landscaping driveways, buildings, sidewalks, or other structures and facilities. It shall also be the Contractor’s responsibility to repair, restore or replaces trees, shrubs, and turf damage by its work in an expedient manner using professional services; unless repairs cannot be made during the winter season, then such repairs shall be made no later than the end of the succeeding month of May. Repair materials to be stored on site shall be done at a location approved by the homeowner or the City.

Planking of drives and parking lots may be required by the City to prevent damage to these areas by Contractor’s equipment, materials and stockpiles when making the repairs.

Repairs are to be completed within five (5) business days of the damage unless the damage is extensive and requires more time; or if repairs cannot be made during the winter season.

Refuse and recycling containers damaged as part of snow plowing operations will be repaired or replaced by the Contractor at no cost to the City, if said containers are left in the street or roadway.

2.9 Liquidated Damages

The City shall notify the Contractor for each violation of the contract reported to the City. It shall be the duty of the Contractor to log such City-reported complaints and take proper action to remedy the cause of the complaint within twenty-four (24) hours after notification, regardless if a weekend or holiday occurs in that 24-hour period. Failure to remedy the cause of the complaint within the specified time period shall constitute a breach of this contract.

For the purpose of computing damages under the provisions of this section, it is agreed that the City shall have authority to deduct from payments due the Contractor, the following amount as liquidated damages:

1. Failure to clean up spilled refuse:

$100 for each incident.

2. Failure to clean vehicle, conveyances, containers, and other equipment as provided in the specifications:

$100 for each incident.

3. Failure to complete all routine pickups by 6:00 p.m. on the scheduled day.

$100.00 for each incident with each late pickup as a separate incident.

4. Failure to collect refuse, recyclables, and yard waste within 24 hours after notification of a complaint:

$100.00 for each incident.

5. Failure to maintain vehicle in operable condition and acceptable appearance after inspection and notice by the City:

$500.00 for each incident.

The liquidated damages provided for herein are not considered as penalties and were not calculated in contemplation or anticipation that the Contractor would default. Liquidated damages shall not be initiated for violations that occur due to events beyond the Contractor’s control. In the event the Contractor does default or otherwise abandon the scope of services, the City reserves the right to collect from the Contractor or its surety, in addition to the liquidated damages, the actual damages incurred by the City as a result of the default or abandonment.

The assessment of liquidated damages shall be determined by the City and deductions made from the payment each month to the Contractor. The decision of the City in the matter will be binding. The Contractor may at their option initiate the dispute resolution process included in the service agreement.

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2.10 Escalator Clause for Contract Price Adjustment

For services other than curbside service, the contract price schedule shall be reviewed and revised in June of each contract year and extension period, if any, in accordance with the most recent full calendar year annual percentage increase or decrease in the referenced annual Consumer Price Index escalator, and the contract price shall be established for the next contract year beginning on July 1, following the June evaluation. No other changes in contract prices are permitted.

The referenced Consumer Price Index shall be the Consumer Price Index - All Urban Consumers for the Detroit-Warren-Dearborn area (all items), base period: 1982-84=100, as published by the Bureau of Labor Statistics, U.S. Department of Labor. However, the absolute percentage change in the indexed rate may not be increased more than four (4) percent per year or less than zero (0) percent per year.

In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the CPI, another equally authoritative measure of change in the purchasing power of the U. S. dollar as may be then available shall be substituted.

Proposals shall be fixed annual prices as specified on the Proposal Form. No variable fees (e.g., fuel recovery fees, disposal surcharges, recycling commodity fees, etc.) will be considered by the City.

2.11 Basis and Method of Payment

The Contractor shall be paid for services rendered under the terms of the Contract, within a reasonable time (normally 30 - 45 days) after completion of the work at month end, and receipt and approval by the City of the itemized billing showing the fees earned for the previous month. The amount remitted to the Contractor by the City shall be the number of units serviced times the rate agreed upon in the Contract for each unit, less any liquidated damages assessed for that period.

2.12 Disposal of Solid Waste and Other Materials

The City specifically reserves the right to direct the yard waste and recyclables collected under these provisions to a specific state approved disposal facility or, if appropriate, to an approved collection site, recycling facility or compost facility, upon agreement by the Contractor, which shall not be unreasonably withheld. The City retains the right to terminate the contract, on ninety (90) days written notice, if the Contractor does not comply with the direction of yard waste or recyclables as set forth. Should the City exercise its right to direct material to specific facilities, the City shall pay the disposal fees directly to such facilities, unless otherwise specified.

2.13 Access

The Contractor will not be required to pick up waste if a road becomes impassable and prohibits access to a residential unit from any direction on a roadway. The Contractor, however, will be required to notify the City of this occurrence and will be required to pick up waste at the nearest public roadway or at a point of closure.

The Contractor may be required to pick up waste in an alternate vehicle under circumstances that prohibit the standard collection vehicle from access to a residential unit.

2.14 Private Driveways & Private Roads

The Contractor shall not be required to enter private driveways; however, within the City there exist private roads that may service a number of residential units. The Contractor shall be responsible to

2023 Collection and Disposal of Solid Waste 15 service these residential units along the private roads. Those private roads are currently as follows:

Marion Drive; May Drive; and Robin Drive. There are not waivers in place at this time.

If Contractor deems necessary, Contractor may obtain signed waivers from residents living along private roadways and responsible for maintenance of said roadways relieving Contractor from responsibility for damage done to the private roadways under normal operations.

If Contractor deems waivers necessary, then Contractor is responsible for obtaining pre-approval of waivers by City and signed waivers from residents.

2.15 Route Schedule

The Contractor shall follow the current route schedule as outlined below:

Monday: Neighborhoods between 12 & 13 Mile Roads Tuesday: Neighborhoods between 11 & 12 Mile Roads, including Section 13 Wednesday: Neighborhoods between 10 & 11 Mile Roads Thursday: Neighborhoods between 9 & 10 Mile Roads Friday: Neighborhoods between 8 & 9 Mile Roads

The Contractor may, after the initial six (6) month period, propose to the City changes in the routes or days of collection. The proposal shall include a detailed comparison of the cost savings to the City that would occur if the proposed changes are implemented. Upon written approval from the City, the Contractor shall, at the Contractor’s expense, send written notice to the affected residential units through the United States Post Office detailing the changes. Said notice shall be post in the mail not less than ten

(10) days prior…