RecyclingRFP_2025.pdf

City of Sturgis, Michigan 2025 Contract Documents & Specifications

Citywide Curbside Recyclable Collection and Disposal

Request for Proposals Instruction to Bidders

Bidder’s Proposal Form General Specifications

Proposed Contract Performance Bond Form

Prepared by:

City of Sturgis 130 N. Nottawa St.

Sturgis, Michigan 49091 Phone: 269.659.7223 Fax: 269.659.7266

Request for Proposals Citywide Curbside Recyclable Collection and Disposal

City of Sturgis

Sealed Proposals are invited and will be received by the City of Sturgis for collection and disposal of recyclables.

Proposals must be made on the Proposal Forms and in accordance with Instructions to Bidders furnished by the oƯice of the Sturgis City Manager (the City). Alternate proposals may also be submitted and must include detailed specifications of alternate solutions and a clear description of associated costs.

The defined terms appearing in the General Specifications apply to all Contract Documents. Copies of the Proposal Forms are attached.

Proposals must be delivered to, and be on file with, the City before Monday, June 30, 2025, 4:00 PM. The envelope containing the Proposal must be sealed and plainly marked "Proposal for Curbside Recycling".

Proposals will be publicly opened and read at 4:00 PM on the aforementioned date in the Administrative OƯices of the City, 130 N. Nottawa Street, Sturgis, Michigan.

The City has provided Curbside Recycling to Residential Units since 2008 under a similar contract. Apartment Complexes were not included in the previous contract. The City has imposed a monthly surcharge to fund recycling services pursuant to the authority of 1989 PA 138, as amended, being MCL 124.508a. The statute allows a maximum charge of $2.00 per month per unit.

The contract is expected to commence January 1, 2026.

The City reserves the right to reject any or all Proposals, to waive irregularities and/or informalities in any Proposal, to negotiate price or terms with one or more bidders, to review and accept variations, and to make an award in any manner, consistent with law, deemed in the best interest of the City.

Instructions to Bidders

1. Preparation of the Proposal:

All Proposals shall be made on the attached Proposal Form, shall identify bids for work in both words and figures and shall be signed by the Bidder as Bidder. Each Bid must be fully completed and must include all appropriate schedules. Each bid must be completed in ink or be typewritten and must fully describe all bid components in both words and figures.

2. Scope of Work:

The work to be bid is set forth in the General Specifications, attached hereto, and the items contained in the Proposal, including all incidentals necessary to fully complete said work in accordance with the Contract Documents.

3. Contract:

The successful bidder shall enter into the Contract attached hereto.

4. Conditions:

Bidders shall thoroughly examine and be familiar with the Specifications before submitting a bid. Each bidder shall fully acquaint itself with conditions relating to the scope and restrictions attending the execution of the work under the Contract.

5. Addenda and Explanations:

Explanations desired by a prospective Bidder shall be requested of the City in writing, and if explanations are necessary, a reply shall be made in the form of an Addendum, a copy of which will be forwarded by mail to each known Bidder. Every request for such explanation shall be in writing addressed to the City Manager.

Addenda issued to Bidders prior to date of receipt of Proposals shall become a part of the Contract Documents, and all Proposals shall include the work described in the Addenda.

No inquiry received within five (5) days of the date fixed for submission and opening of Proposals will be given consideration.

6. Name, Address, and Legal Status of the Bidder:

The Proposal must be properly signed in ink and the address of the Bidder given. The legal status of the Bidder, i.e. whether the Bidder is a corporation, partnership, limited liability company, individual or other entity shall also be stated in the Proposal.

7. Additional Information:

The Bidder shall supply to the City as part of the Proposal the following:

(a) A copy of the latest available certified financial statement of the Bidder.

(b) If a corporation, limited liability company or partnership, evidence that the Bidder is in good standing under the laws of the State of Michigan.

(c) Evidence, in form and substance satisfactory to City, that Bidder (or Bidders subsidiaries or aƯiliates) has been in existence as a going concern for in excess of five (5) years and possesses not less than five (5) years actual operating experience as a going concern in the business of refuse collection and disposal.

The City may require additional supporting data regarding the qualifications of the Bidder in order to determine whether it is a qualified responsible Bidder, the Bidder may be required to furnish, at the sole discretion of the City, any or all of the following information:

(a) Evidence that the Bidder is capable of commencing performance as required in the Contract Documents.

(b) Evidence, in form and substance satisfactory to City, that Bidder possesses as a going concern the managerial and financial capacities to perform all phases of the work called for in the Contract Documents.

(c) Evidence, in form and substance satisfactory to City, that Bidder's experience as a going concern in the business of refuse collection and disposal derives from operations of comparable size to that contemplated by the Contract Documents.

(d) Such additional information as will satisfy the City that the Bidder is adequately prepared to fulfill the Contract.

Upon successful bid approval the Contractor will be required to provide the following:

(a) A Certificate of Insurance evidencing the coverages set forth in the General Specifications.

(b) The successful Bidder will be required to furnish a Performance Bond as security for the faithful performance of this Contract. Said Performance Bond must be in the amount indicated in the General Specifications. The surety on the Performance Bond shall be a duly authorized corporate surety company authorized to do business in the State of Michigan. The Form of the Performance Bond is attached.

(c) An itemized list of the Bidder's equipment available for use on the Contract.

8. Disposal Sites:

The Bidder shall indicate on the Proposal the name and location of the Disposal Site(s) which the Bidder intends to use to perform the Contract. No other site or facility shall be used by Bidder without the written approval of the City.

Bidder's Proposal Form

TO: Andrew Kuk, Sturgis City Manager

PROPOSAL OF: ___________________________________________________________________

(an individual) (limited liability company) (a partnership) (a corporation) duly organized and qualified to do business under the laws of the State of Michigan.

The undersigned having carefully read and considered the terms and conditions of the Contract Documents for Curbside Recycling for the City of Sturgis, does hereby oƯer to perform such services on behalf of the City, of the type and quality and in the manner described, and subject to and in accordance with the terms and conditions set forth in the Contract Documents at the rates (expressed in words and figures hereinafter set forth):

A Citywide Curbside Collection of Recyclables, approximately 3,250 Residential Units – 3 year contract

Cost per month per Recycling Unit: ___________________________________________________

Please identify and describe any other costs that would be charged to the City in completion of the services provided in the General Specifications.

Bidder: _____________________________________________________________________________

By: ________________________________________________________________________________

Principal OƯice Address: ____________________________________________________________

(City) (County) (State) (Zip)

Telephone: _________________________________________________________________________

General Specifications

1.0 Definitions:

1.01 Apartment Complexes – Rental or condominium properties with greater than or equal to twenty-five (25) dwellings.

1.02 City - City of Sturgis, Michigan.

1.03 Contract Documents - The Request for Proposal, Instructions to Bidders, Bidder's Proposal, General Specifications, the Contract Performance Bond and any addenda or changes to the foregoing documents agreed to by the City and the Bidder.

1.04 Contractor - The person, corporation, limited liability company, or partnership performing recycling collection under contract with the City.

1.05 Disposal Site - A recyclables processing facility permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive recyclables for processing or final disposal.

1.06 Producer - An occupant of a residential dwelling who may generate Recyclables.

1.07 Recyclables - Newsprint, cardboard, paper, glass bottles and jars, #1, #2, #3, #4 or #5 plastics, steel and tin cans, and magazines. Additional items may be added as agreed to by the City and the Contractor.

1.08 Unit – A measurement used to impose a surcharge for recycling services to residential properties. One Residential Unit is equivalent to one single-family owner occupied residence. Renter occupied dwellings will be calculated using the schedule below. A condominium dwelling, whether of single or multi-level construction and rental apartments shall each be defined as a renter occupied dwelling.

1 to 3 dwellings = 1 Residential Units 4 to 6 dwellings = 2 Residential Units 7 to 9 dwellings = 3 Residential Units 10 to 12 dwellings = 4 Residential Units 13 to 15 dwellings = 5 Residential Units 16 to 18 dwellings = 6 Residential Units 19 to 21 dwellings = 7 Residential Units 12 to 24 dwellings = 8 Residential Units

2.00 Scope of Work:

2.01 Work will include collection of curbside recyclables two times per month initially for approximately 3,250 Residential Units with a guaranteed minimum of 3,000 Residential Units. The City will provide an annual list by December 31st of each year as a basis for the number of Residential Units.

2.02 Storms and Other Disasters - the work under this contract does not include the collection and disposal of any increased volume resulting from a flood, hurricane or similar or diƯerent act of God over which the contractor has no control. In the event of such a flood, hurricane or other act of God, the Contractor and the City will negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Contractor.

3.00 Type of Collection:

3.01 Service Provided:

(a) Contractor shall perform curbside collection of recyclables to each Residential Unit two times per month as established in section 4.02. Bins will be provided for each dwelling in a Residential Unit by the Contractor. An additional bin will be provided upon request by a Producer; if separate costs are associated with this service, they should be identified in the proposal.

(b) Recycling bins shall be placed by the Producer at curbside prior to collection hours on the designated collection day.

(c) Contractor will not require sorting of recyclables unless agreed to by the City.

3.02 Location of Bins shall be placed at curbside for collection. Curbside refers to that portion of right-of-way adjacent to paved or traveled City roadways (including alleys). Bins shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians.

4.00 Operation:

4.01 Hours of Operation - collection of Recyclables shall conform to the City’s ordinance related to garbage and rubbish collection (see attachment). Exceptions to collection hours shall be eƯected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances.

4.02 Routes of Collection - collection routes shall be established in writing by agreement of the contractor and the City. The pickup days for curbside recycling collection in the City of Sturgis will be north of U.S. 12 on the 1st and 3rd Thursdays of the month and south of U.S. 12 on the 2nd and 4th Thursdays of the month. The Contractor may from time to time propose to City for approval changes in routes or days of collection. The City shall have the sole discretion to allow such changes, and approval shall not be unreasonably withheld. Upon City's approval of the proposed changes, City shall promptly give written or published notice to the aƯected Units.

4.03 Holidays - the following shall be holidays for purposes of this Contract:

New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day

Contractor may decide to observe any or all of the above-mentioned holidays by suspension of collection service on the holiday, but such decision in no manner relieves Contractor of its obligation to provide Recyclable collection service at least two times per month.

4.04 Customer Service – Customer Service for the Curbside Recyclable Collection and Disposal program shall be provided by the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the refuse not collected within 48 hours after the complaints is received.

4.05 Collection Equipment - the Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor.

4.06 OƯice - the Contractor shall maintain an oƯice or such other facilities through which it can be contacted. It shall be equipped with suƯicient telephones and shall have a responsible person answering the telephone from 8:00 am to 4:30 pm on regular collection days.

4.07 Hauling - Recyclables hauled by the Contractor shall be so contained or tied or enclosed that leaking, spilling or blowing are prevented.

4.08 Disposal - the charge for disposal and processing shall be included in the rate set forth in the Proposal for all Units serviced by the Contractor.

4.09 Notification - the Contractor shall annually notify all Producers about complaint procedures, rates, regulations and day(s) for scheduled collections of Recyclables using an informational brochure. The City will be responsible for mailing of informational brochure.

5.00 Compliance with Laws:

The Contractor shall conduct operations under the Contract in compliance with all applicable federal, state and local laws; provided, however, that the General Specifications shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject.

6.00 EƯective Date:

This Contract shall be eƯective upon the execution of the Contract and performance of such Contract shall begin no later than January 1, 2026.

7.00 Nondiscrimination:

The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin.

8.00 Licenses and Taxes:

The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City.

9.00 Term:

The Contract shall be for an initial three (3) year period beginning upon the execution of the contract. The contract may be extended for successive terms upon agreement by both parties.

10.00 Insurance:

The Contractor shall at all times during the Contract maintain in full force and eƯect Employer's Liability, Workmen's Compensation, Public Liability and Property

Damage Insurance, including contractual liability coverage. The certificates shall contain the following express obligation:

"This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy aƯecting the certificate holder, thirty (30) days prior written notice will be given to the certificate holder."

For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below:

Coverages:

Limits of Liability:

Workmen's Compensation Statutory Employer's Liability $500,000

Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate

Property Damage Liability $500,000 each occurrence Except Automobile $500,000 aggregate

Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence

Excess Umbrella Liability $5,000,000 each occurrence

To the extent permitted by law, all or any part of any required insurance coverages may be provided under a plan or plans of self-insurance. The coverages may be provided by the Contractor's parent corporation.

11.00 Bond:

11.01 Performance Bond:

(a) A successful bidder will be required to furnish a corporate surety bond as security for the performance of the Contract. Said surety bond must be in the amount of Twenty-Five Thousand DOLLARS ($25,000.00).

(b) The surety on the bond shall be a duly authorized corporate surety company authorized to do business in the State of Michigan.

12.00 Transferability of Contract:

Other than by operation of law, no assignment of the Contract or any right accruing under the Contract shall be made in whole or in part of the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld; in the event of an assignment, the assignee shall assume the liability of the Contractor. Assignment shall not occur unless the assignee meets all qualifications and requirements for performance of the contract.

13.00 Franchise:

The Contractor shall have a franchise, license and privilege to provide Recyclable collection, removal and disposal service from Units within the corporate limits of the City.

Proposed Contract

This CONTRACT, made and entered into this ____ day of ________, 2025, by and between the City of Sturgis, a Municipal Corporation of St. Joseph County, Michigan (hereinafter called the City) and _______________ (hereinafter called the Contractor).

WITNESSETH:

WHEREAS, the Contractor did submit a Proposal to provide Citywide Curbside Recyclable Collection and Disposal and to perform such work as may be incidental thereto.

NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows:

1. The Contractor is hereby granted a franchise, license and privilege within the territorial jurisdiction of the City and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to provide Recyclable Collection and Disposal services as specified and to perform all of the work called for and described in the Contract Documents.

2. The Contract Documents shall include the following documents, and this Contract does hereby expressly incorporate same herein as fully as if set forth verbatim in this contract:

a. The Request for Proposals.

b. The Instruction to Bidders.

c. The Bidder's Proposal.

d. The General Specifications.

e. The Performance Bond.

f. This Contract.

g. Any written addenda or changes to the foregoing documents agreed to by the parties hereto.

3. All provisions of the Contract Documents shall be strictly enforced, and any amendment to this Contract shall be made in writing and shall be signed by both parties. No amendment shall be construed to release either party from any obligation of the Contract Documents except as specifically provided for in such amendment.

4. In addition to the obligations set forth in the Contract Documents, this Contract is entered into subject to the following conditions:

a. The Contractor shall procure and keep in full force and eƯect throughout the term of this Contract all of the insurance policies specified in, and required by, the Contract Documents.

b. Neither the Contractor nor the City shall be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God or other similar or diƯerent contingency beyond the reasonable control of the Contractor.

c. In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with the applicable laws.

The invalidity or unenforceability of any provision or portion of any Contract Document shall not aƯect the validity or enforceability of any other provision or portion of the Contract Documents.

d. In no event shall the City be deemed to be the generator of the Recyclables collected by Contractor. In the event liability is claimed or asserted against the City on the basis that the City is or is deemed to be the generator or arranger for any Recyclables collected by Contractor, then Contractor agrees to indemnify and defend the City against all such claims and assertions, including the payments of all City's attorneys fees and any judgments rendered against the City.

5. Point of Contact - all dealings, contacts, etc., between the Contractor and the City shall be directed to the Contractor _____________, and to the City Manager, or designee, for the City of Sturgis.

6. Notwithstanding any provision of Contractor's Proposal to the contrary, the fixed Citywide Curbside Recyclable Collection price for the term of this Contract is $_____ per month per Residential Unit. The parties agree that the initial curbside recycling charge shall be for _____ Residential Units for the term of the contract. The City reserves the right to adjust the number of Residential Units. However, the City will guarantee a minimum of 3,000 Residential Units.

7. Contractor shall provide satisfactory evidence of continuing insurance coverage in the amounts specified in the Bid Specifications, and shall make City of Sturgis a certificate holder of any such insurance. Prior to the expiration date of the existing insurance coverage, and again prior to the expiration of this and any subsequent required insurance for the term of this Contract, Contractor shall obtain the required insurance, with the City of Sturgis as a certificate holder.

IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents, hereto aƯix our signatures and seals at Sturgis, Michigan, as of this ___________, 2025 AD.

CITY OF STURGIS, MICHIGAN:

A Municipal Corporation

BY: ______________________________ BY: ______________________________

Andrew Kuk, City Manager Kenneth D. Rhodes, City Clerk

BY: ______________________________ BY: ______________________________

(Print Name) (Print Name) (Contractor) (Contractor)

ATTEST:___________________________

Performance Bond

KNOW ALL MEN BY THESE PRESENT, That we, _________________________, (hereinafter called Principal) as Principal, and the __________________________, a corporation organized and existing under the laws of the State of Michigan authorized to transact business in the State of Michigan (hereinafter called Surety) as Surety, are held firmly bound unto the City of Sturgis (hereinafter called Obligee) as Obligee, in the penal sum of Twenty-Five Thousand DOLLARS ($25,000.00), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these present.

Whereas, the Principal has entered into a certain written contract with the Obligee, dated the _____day of __________, 2025, for Citywide Curbside Recyclable Collection and Disposal, which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

Now, therefore, the condition of this obligation is such, that if the Principal shall faithfully perform the Contract on his part, free and clear of all liens arising out of claims for labor and materials entering into the performance of the contract and indemnify and save harmless the Obligee from all loss, cost or damage that he may suƯer by reason of the failure so to do, then this obligation shall be void; otherwise to remain in full force and eƯect.

Provided, however, that no suit, action or proceeding shall be had or maintained against Surety on this bond unless the same be brought or instituted within one (1) year after the date of completion or default by Principal. Written notice to Principal and Surety must be given within thirty

(30) days after the occurrence of an alleged default or failure to perform.

Signed and sealed this ______ day of ______________________, 2025.

Principal

BY:_____________________________________

Surety

BY:_____________________________________