RFP.pdf

RFP No. 25-08 Single Residential Waste Hauler

Charter Township of Waterford 5200 Civic Center Drive

Waterford, MI 48329 www.waterfordmi.gov

June 2025

CHARTER TOWNSHIP OF WATERFORD

Oakland County, Michigan

ADVERTISEMENT FOR

RFP NO. 25-08 SINGLE RESIDENTIAL WASTE HAULER

Sealed RFPs for the project entitled “RFP NO. 25-08 Single Residential Waste Hauler” for the Charter Township of Waterford will be received at the Clerk’s Office, 5200 Civic Center Dr., Waterford, Michigan 48329 on or before, but not later than 2:00 pm, local time on August 6, 2025. All RFPs received will be publicly opened and read aloud at that time.

All RFPs shall be delivered to the Waterford Township Clerk’s Office in sealed envelopes. The outside of the envelope containing the RFP shall bear the name of the Vendor, their address, license number if applicable, and the name of the project for which the RFP is submitted.

The scope of this contract shall include all labor, materials, equipment, supplies, service and insurance by the

Vendor to complete the RFP entitled: RFP NO. 25-08 Single Residential Waste Hauler in accordance with these entitled specifications.

RFP documents may be obtained through Michigan Intergovernmental Trade Network (MITN) at www.bidnetdirect.com/mitn or Waterford Township’s website www.waterfordmi.gov on or after June 20, 2025. A public viewing copy is available at the Waterford Township Clerk’s Office, 5200 Civic Center Dr., Waterford, MI

48329.

Each RFP shall be accompanied by a RFP security in the amount of five percent of the RFP amount subject to the conditions in the Information to vendors.

A vendor will be permitted to withdraw their RFP unopened after it has been deposited, if such request is received prior to the time specified for opening RFPs and provided that their identity is made known and the responsible party signs for the RFP. No RFP shall be withdrawn after the opening of the RFPs without the consent of the

Township for a minimum of one hundred twenty days (120) from the scheduled time for closing RFPs.

The Township reserves the right: to accept any or all alternative RFPs; to award the Contract to other than the lowest vendor; to waive any irregularities of informalities, or both; to reject any or all RFPs; and in general to make the award of the Contract in any manner deemed by the Township, in its sole discretion, to be in the best interest of the

Township. Conditional RFPs will not be considered.

WATERFORD TOWNSHIP, MICHIGAN

BY ORDER OF:

Kim Markee, Township Clerk

THIS ADVERTISEMENT, AS WELL AS SPECIFICATIONS, MAY ALSO BE ACCESSED ON THE

WATERFORD OWNSHIP WEBSITE AT WWW.WATERFORDMI.GOV

http://www.bidnetdirect.com/mitn http://www.waterfordmi.gov/ http://www.waterfordmi.gov/

PROJECT BID NOTICES AND DOCUMENTS

Bid Number: 25-08

Project Name: Single Residential Waste Hauler Contract

Bid Deadline Day, Date and Time: Wednesday, August 6, 2025, at 2:00 P.M.

Request for Bids/Proposals. The Charter Township of Waterford ("Township") is requesting sealed bids/proposals from qualified contractors to perform the Project named above as described in these Notices and Documents. For Bids to be considered they must be prepared and include all information and documents specified and be received at the Township Clerks Office, 5200 Civic

Center Drive, 2"d Floor, Waterford, Michigan 48329 on or before the Bid Deadline stated above.

LATE BIDS WILL NOT BE ACCEPTED OR CONSIDERED. Immediately after that time all bids that have been received will be publicly opened in the Township Hall Auditorium and be identified and summarized by reference to contractor names, and thereafter be subject to public disclosure under the Freedom of Information Act.

Bid Validity. Bids shall be valid for 180 days and may not be withdrawn after the Bid Deadline.

Project Specifications. The Project for which bids are requested is described in the attached

Project Specifications. Bids shall be based on the contractor providing, securing, and paying for all labor, materials, equipment, bonds, and insurance required for the timely commencement, performance and completion of the Project in accordance with those Specifications.

Clarifications and Addendums. Clarifications of these Project Bid Notices and Documents, including the Project Specifications may be requested in writing from the Township's Project

Representative identified in the Project Specifications no later than two (2) weeks before the Bid

Deadline. If the Township responds to a clarification request, it will do so by a Clarification or

Addendum posting on the Michigan Intergovernmental Trade Network (MITN) and the

Township's website for the Bids on this Project. The Township may also issue Addendums regarding the Project Specifications or any other aspect of these Project Bid Notices and

Documents in the same manner. Any Township Clarifications or Addendums posted at least three

(3) days before the Bid Deadline shall be binding and considered applicable to all Bids that are received. The Township will not be responsible for any oral instructions or interpretations and reserves the right to disqualify a Bidder who contacts a Township official, employee, or agent concerning this Request for Proposals/Bids outside the process described above.

Pre-Bid Inspection/Meeting. The Project Specifications require prospective bidders to attend a pre-bid meeting July 9, 2025, at 9:00 A.M.in the 3rd floor conference room, Room 3-1, of the

Township Hall located at 5200 Civic Center Drive, Waterford, Michigan 48329.

Project Contract. The submission of a Bid constitutes agreement by the Bidder to the terms and conditions of the attached Contract, and to sign that Contract within 30 days of being notified of contract award by the Township. The Township will provide a final Contract for signature by the selected contractor after it selects the billing and cart options it will utilize.

Waste Hauler Project Bid, # 25-08

Project Bonds. A Bid Bond of $100,000 is required, guaranteeing that if a Contract is awarded to the Bidder, that it will sign the required Contract and provide all required documents within the time required, which will be subject to forfeiture upon failure to do so. The Performance Bond shall be in place for the entire term of the Contract and shall not require an annual renewal. Bids submitted without the Bid Bond will not be considered. A Performance Bond equal to one-fourth of the amount of the total annual Contract price, will be required and submission of a Bid constitutes agreement by the Bidder to provide the Performance Bond within 15 days of being notified of contract award by the Township, with that bond to substantially conform to the form, terms and conditions of the attached Performance Bond form unless an alternate Bond Form proposed by a Bidder is submitted with the Bid and approved for use by the Township Board. If an alternate Bond form is proposed, the Bidder shall also indicate in its Bidder Information Form and Affidavit, if its Bid is conditioned on the Township's approval of that alternate form.

Insurance. With any modifications approved by the Township Risk Manager, the attached

Insurance Requirements shall apply and be required by any Contract awarded for the Project. A

Bidder whose existing insurance coverage does not satisfy the Insurance Requirements may include on its Bidder Information Form and Affidavit, a written request for modification of one or more of those Requirements and indication of whether its Bid is conditioned on the Township's approval of the modification(s). Absent such a request, the submission of a Bid constitutes a representation and agreement by the Bidder that it can and will comply with the attached Insurance Requirements and that it will provide proof of such insurance within 15 days of being notified of contract award by the Township.

Required Bid Documents. For a Bid to be considered complete, one (1) original and ten (10) copies and one (1) thumb drive of all of the following shall be submitted in one or more sealed envelope(s):

1. The fully and accurately completed, signed and notarized attached Bidder Information

Form and Affidavit, which includes a certification that Bidder is not an "Iran linked business" as defined in the Iran Economic Sanctions Act, Public Act No. 517 of 2012, as amended and all required attachments.

2. The fully completed and signed attached Bid Price and Proposal Form.

3. A Bid Bond in the amount and form described in this Notice.

4. (a) Certificate(s) of Insurance confirming the Bidder's ability to satisfy the Insurance

Requirements, or (b) A written request for modification of one or more of the Insurance

Requirements accompanied by Certificate(s) of Insurance documenting the Bidder's existing insurance coverages.

5. Any alternate Performance Bond Form being proposed by the Bidder (optional — not required.)

Optional Bid Document. If bidder has any exceptions to the Contract provided with the bid, exceptions should be provided in the bid response on the Contract Exception Form Attachment 7.

The Township reserves the right to reject requests for changes to the Contract that were not provided with the bid response.

Bid Preparation/Submission Notices and Requirements.

1. Basis of Bids. The submission of a Bid constitutes a representation by the Bidder that it has:

(i) complied, and its supplies, equipment, materials, and personnel will comply, with every requirement of these Project Bid Notices and Documents, (ii) reviewed the Project Specifications and taken the necessary steps to determine the work to be performed and the conditions which may affect that work and the cost thereof, and (iii) determined that the Project Specifications and

Contract are sufficient in scope and detail regarding all terms and conditions for performance of the work. Bidders are responsible for verifying the accuracy of all details in the Project

Specifications and for all costs incurred in preparing and submitting a Bid. The number of residential premises to be served in the Project Specifications have been estimated with as much accuracy as possible.

2. Bid Prices and Quantities. Bid prices and proposals for this Project shall be made using the attached Bid Price and Proposal Form. A Bid may be rejected if it does not contain a price for each item listed in that form

3. Signing of Bids. The legal name of the Bidder and the name, position and authority of the person signing on its behalf shall be legibly typed or printed, with that position and authority to be confirmed by documentation that is attached to the Bidder Information Form and

Affidavit.

4. Submission of Bids. Delivery by the Bid Deadline to the Township Clerk's Office is the sole responsibility of the Bidder. Delays in the mail will not be considered and faxed or emailed bids will not be accepted. Any Bid received after the Bid Deadline will be returned to the Bidder unopened. All Bids shall be delivered in a sealed envelope. The outside of the envelope containing the Bid shall include the Bid Number, Project Name, name of the Bidder, and Bidder's address. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the Township Clerk.

5. Withdrawal and Modification of Bids. Bids may be withdrawn by a signed written notice delivered to the Township Clerk's Office before the Bid Deadline, referencing and identifying the Bid being withdrawn. Bids may be changed or modified before the Bid Deadline by delivery to the Township Clerk's office of a written notice conforming to the above that clearly and conspicuously identifies what part of the earlier Bid is being changed or modified and that includes the words "Bid Modification" on the sealed envelope.

6. Multiple Bids and Collusion Prohibited. The submission of multiple bids by the same Bidder

(under the same or different names and considered to be any person or business entity that fully or partly owns or controls or is owned or controlled by the Bidder) and collusion among or between Bidders are prohibited, and if determined by the Township to have occurred, shall serve to disqualify all Bidders involved from a contract award.

Bid Opening, Review, Evaluation and Contract Award Process, Criteria, Reservations and

Conditions

1. Bid Opening, Immediately after the Bid Deadline, all timely Bids will be opened publicly in the Township Hall Auditorium and be identified and summarized by a Township representative reading the Bidder names. After that, all Bids shall be subject to public disclosure under the

Freedom of Information Act.

2. Bid Review and Evaluation. After the Bid Opening, the Township Review Committee for the

Project will review and evaluate the Bids, which may include checking the truth, accuracy, and completeness of information submitted, contacting Bidder references, and conducting investigations of and interviews and discussion with one or more Bidders. The Township reserves and the Committee shall have the right to request additional information from one or more Bidders during the Bid review and evaluation process.

3. Review Committee Summary and Recommendations. Once the Bid Review and Evaluation is completed, the Committee shall provide a written summary of the Bids and the Committee's review, evaluation, and recommendations on the award of a Contract to the Township Clerk for placement on a regular or special meeting Agenda of the Township Board for their consideration.

4. Bid Review Criteria. The review, evaluation, recommendations, and decisions on the tentative, conditional, or final acceptance of a Bid or Bids and the award of a Contract shall be based on a combination of factors that may include one or more of the following: (1) prices, (2) past performance on work of a similar nature to the Project, (3) past performance of contracts for townships or other municipalities or governmental agencies, (4) prior dealings and contracts with the Township, (5) availability of personnel, equipment, facilities and financial resources necessary to timely commence, perform, and complete the Project, (6) the skill, experience, and qualifications of a Bidder and its current personnel, (7) the results of reference checks, (8) the use, identity and location of proposed subcontractors and the portions of the Project they would perform, (9) the location, quality, and availability of providers of services or facilities proposed for the Project, (10) the presence in, proximity to, and economic and community ties to the Township of a Bidder through its offices, facilities, property ownership, and Township residents employed, (11) bid errors, omissions, or discrepancies, (12) evidence of unfair labor practices by a Bidder or its subcontractors, (13) evidence of Bidder collusion, (14) state or other governmental registrations or licenses held by Bidder and/or Bidder personnel that are applicable to performance of work on the

Project, (15) legal existence and authority of Bidder to transact or conduct business in the State of

Michigan, (16) length of time Bidder has been in business, (17) length of time Bidder has been performing work of the same type as Project, (18) ability and intention of Bidder to timely satisfy all bond and insurance requirements upon Contract award, and (19) any other factors considered by the Township Board to be in its best interest of the Township.

5. Township's Reserved Rights Regarding Bids. The Township reserves the rights to reject any or all Bids, waive informalities, allow correction of errors or omissions, negotiate individually with one or more Bidders, waive or modify one or more of these Project Bid Notices and Documents, request Supplemental Bids, split Bids and award multiple Contracts, and to tentatively, conditionally or finally accept one or more Bids and award a Contract to a Bidder determined to be a qualified and responsible contractor based on what the Township Board determines to be in the best interest of the Township.

6. Withdrawal of Bid Acceptance and Revocation of Contract Award. Any acceptance of a Bid and

Contract award shall not be binding on the Township and may be withdrawn for at least 15 days after the date of acceptance and award and until the selected Bidder has submitted the signed Contract, proof of insurance, and the required Performance Bond, and satisfied any other Township Board established bid acceptance/contract award conditions. During that period, the Township reserves the right to continue to review, evaluate, and investigate all Bids and Bidders, and for any reason determined to be in the best interest of the Township by the Township Board, to withdraw the acceptance of a Bid and revoke a Contract award.

7. Conditional Bid Acceptance and Contract Award. The Township reserves the right to conditionally or subsequently accept a Bid from and award a Contract to the next most qualified

Bidder if the selected Bidder does not submit the signed Contract, proof of insurance, Performance

Bond, and satisfy any other Township board established bid acceptance/contract award conditions within the 15 days allowed for doing so.

THE FOLLOWING PROJECT BID DOCUMENTS ARE ATTACHED:

1. ATTACHMENT 1: Single Residential Waste Hauler Contract, which contains the Project

Specifications in Exhibit II, Scope of Contractor’s Services. Portions of the successful Bidder's

Bid and Proposal accepted by the Township may be attached to and made part of Contract if agreed to by the Bidder.)

2. ATTACHMENT 2: Contractor Insurance and Performance Bond Requirements.

3. ATTACHMENT 3: Chapter 9, Article III, Div 2, Township Waste Materials and Residential

Single Hauler Ordinance No. 2019-006 adopted September 09, 2019. If the Township elects to be invoiced from the Waste Hauler for the cost of services, instead of continuing it current method of having the Contractor bill the residents, this Ordinance will be amended to reflect that change.

4. ATTACHMENT 4: Chapter 10, Article III, Div 11, Township Waste Hauler Licensing

Ordinance No. 2019-007 adopted September 09, 2019.

5. ATTACHMENT 5: Bid Price and Proposal Form for Bidder to complete.

6. ATTACHMENT 6: List of Contractor proposed equipment for Bidder to complete.

7. ATTACHMENT 7: Optional Contract Exception Form: To indicate Bidder exceptions to the Contract requirements.

8. Bidder Information Form and Affidavit (Completion and submission with required attachments required for Bid.)

June 20, 2025

Charter Township of Waterford Kimberly F. Markee, Township Clerk

SINGLE RESIDENTIAL WASTE HAULER CONTRACT

PROJECT SPECIFICATIONS

Bid Number25-08 Project Name: Single Residential Waste Hauler

Contract Bid Requirements are specified in the Project Bid Notices to which these Specifications are attached.

Project Summary Description and Status. The Township is requesting sealed proposals/bids from qualified contractors to collect, transport, and dispose of solid waste, recyclable materials, and yard waste from residential properties in the Township with curbside collection as a single designated hauler for a term that commences upon the signing of a Contract providing for the collection, transportation, and disposal services to be performed for five (5) years from April 1, 2026 and runs through March 31, 2031, with possible extensions for one (1) or more additional terms.

Interpretation, Corrections and Changes. All questions and/or requests for clarification shall be in writing to Kim Markee, Clerk at kmarkee@waterfordmi.gov.

No oral interpretation, instruction, or information concerning the request for proposals given by an employee or agent of the Township shall be binding.

Bid/Proposal Submittal, Review, and Tentative Contract Award Timeline. The following timeline has been established by the Township Board:

July 9, 2025 at 9:00 a.m. Pre-Bid/Proposal Meeting at Township Hall

July 23, 2025, at 9:00 a.m. Final Date for Questions

August 6, 2025 at 2:00 PM Bids/Proposals Due in Township Clerk's office, Bid Opening at

Township Hall Auditorium

August 6 – August 18, 2025 Township Committee Evaluation, Interviews, Negotiations

August 25, 2025 Township Board Contract Award

September 10, 2025 Performance Bond and Insurance due

September 24, 2025 Deadline for signed Contract

April 1, 2026 Contractor begins single residential hauler operations

Ordinances. The following two ordinances should be reviewed by bidders and will be incorporated into the Contract: Chapter 9, Article III, Div 2, Waste Materials and Residential Single Hauler

Ordinance and Chapter 10, Article III, Div 3 Waste Hauler Licensing Ordinance.

Contract. If awarded by the Township Board, the Contract to be signed is Bid Attachment#1, which will include the Insurance Requirements, Performance Bond, Equipment Schedule and Contract

Price Schedule. . The Contract language will be finalized after the Township selects the either billing Option 1 of Contractor billing residents or Option 2 of Contractor billing the Township and final Project specifications.

mailto:kmarkee@waterfordmi.gov

Project Purpose. The purpose of the Project is to provide for the curbside collection of solid waste, recyclable material and yard waste collection, transportation and disposal from residential properties.

Service Area and Scope of Project Services. The Charter Township of Waterford is 35.3 square miles in size and located in the center of Oakland County, Michigan. The Township's population was 70,565 according to the 2020 census and estimated at 70,538 in 2024. The properties to be serviced under the exclusive hauler Contract are properties with residential premises with dwellings that have curbside collection of waste materials. It is estimated that there are 25,889 such properties. As listed in Section 9-062 of Chapter 9, Article III, Division 2 of the Township

Code of Ordinances, residential premises excluded from the Project include apartments, hotels, multi-family units with dumpster or other non-curbside collection, and properties excluded by the

Township Board under the Contract awarded. That exclusion applies to the two (2) mobile home/manufactured housing communities in the Township, both of which involve private roads.

Summary of Services to be Provided. Contractor services under the Contract will include:

1. Collect, transport, and dispose of solid waste (including bulk items), recyclable materials, and yard waste from residential properties in the Township with curbside collection.

2. Delivery of solid waste to a state licensed landfill.

3. Delivery of site separated recyclables to a legal material recovery facility (MRF), transfer, or processing site.

4. Delivery of yard waste to a legal composting facility.

5. A responsive, properly staffed, and user-friendly customer service, billing, payment, and complaint system Contractor is responsible for providing, maintaining, and complying with, to be detailed in the Final Project Specifications Contract Document.

6. Providing Contractor owned large capacity solid waste and recycling roll-carts to all newly constructed residential units and to residential units previously not receiving residential service and replacement of such carts if this option is selected by the Township.

The Township’s collection data are as follows:

Collected tons 2023 2024

Solid Waste 25,273 22,983

Yard Waste 5,790 2,156

Recycling 3,009 3,092

Recycling Rate 65.5% 60%

Invoicing Options: Township is considering changing from having the Contractor bill residential customers to having the Contractor bill the Township. Contractor is to provide pricing for both options:

Option 1 A and 1 B. Bill customers directly. Township currently provides the following billing options for residents:

a. 3 % for pre-payment for an entire year paid by check.

b. 3% for quarterly automated, electronic, or other guaranteed payment method.

c. 5% for automated, electronic, or other guaranteed annual pre-payment for an entire year.

c. 5 % for residential premises where at least one (1) occupant is a senior citizen (at least 65 years old.)

d. 5 % for residential premises where at least one (1) occupant is a veteran of the United States armed services who was released or discharged for other than dishonorable reasons.

e. A maximum discount per residential premises of 5 %.

f. Up to three months of payments waived for residents who are away from their residence for an extended period.

g. The quarterly rates shall include a $0.50 Township administrative charge for Contractor to remit to the Township.

Option 1A is for all new carts for waste and recycling. Option 1 B is for limited new carts for new residences and those not previously recycling.

Option 2 A and B:Option 2A is pricing for the Contractor to bill the Township and provide new carts.

The Township requests both options to include prices with and without mandatory recycling. Option 2B is pricing for the Contractor to bill the Township with limited new carts for new residences and residences that did not previously recycle.

If the Contractor is billing the Township, it will utilize the format below each month to invoice the

Township. If the Township elects to have the Contractor bill the Township, it will revise its Ordinance to reflect this billing method.

If Option 2 is selected, the Township will require the monthly invoice to be in the following format:

Form of Invoice: The monthly invoice submitted by the Contractor to the Township must contain the following information.

(a) Fee for Units Serviced: Provide an Itemization of the total number of units serviced, the unit price for that service as provided for in this Contract and the extension of that unit price multiplied by the number of units serviced.

(b) Subtotal for Invoice: Sum a total of any itemization in 1(a) above.

(c) Deducts: Subtract and deductions allowed for Liquidated Damages requested by Township as provided in the Contract. Final Amount Due: Sum the total of charges and deductions that is to be paid by The Township to the Contractor.

Pricing for residents to pay for new carts

Contractor shall provide pricing for the amount it will charge residents who request to purchase a new

95 or new 64-gallon cart as well as an amount to change the size of the cart.

Pricing for Additional Bulk Pickups: Contractor shall also provide a price for additional bulk pickups beyond the one bulk pickup included in the bid price.

Exceptions. If Bidders have any Exceptions to the RFP or Contract requirements they must be noted by attaching the Exception Form as Attachment 7 to the Bidder Information Form and Affidavit. This is an Optional Form. The Township is not required to accept any Exceptions requested by the successful Bidder if they are not included in the Exception Form.

The Bidder selected for this Project must have all necessary equipment, personnel, and planning in place before the April 1, 2026, start date for customer services.

The submittal of Exceptions does not relieve the Bidder from providing all prices required on the Bid

Price and Proposal Form, which shall be based on no requested Exceptions being approved.

FINAL PROJECT SPECIFICATIONS CONTRACT DOCUMENT

The Final Contract Document will include the provisions provided in Attachment 1 Single Waste Hauler

Contract, unless changes are approved by the Township as a result of its review, evaluation, interviews and negotiations of and regarding Bids and Proposals received. Township will not be required to accept changes to the Contract terms unless Contractor has indicated a request to modify a Contract term by including Attachment 7 Contract Exception Form.

ATTACHMENT 1

SINGLE RESIDENTIAL WASTE HAULER CONTRACT

TO FINALIZE WITH SELECTED BIDDER

SINGLE WASTE HAULER AGREEMENT BETWEEN

THE CHARTER TOWNSHIP OF WATERFORD AND

This Single Waste Hauler Contract, (“Contract”) is between the Charter Township of Waterford, a Michigan municipal corporation, having an address of 5200 Civic Center Drive, Waterford, Michigan 48329, (“Township”) and_______________, having an address of _____________.

(“Contractor”). Township and Contractor may be referred to collectively as (“Parties”) or individually as a (“Party”). The Contract shall be effective on the date of the last signature (“Effective Date”).

1. Contract Purpose: The Township has requested proposals from qualified companies interested in performing solid waste, yard waste and recycling collection and disposal services for the Township. The proposal of the Contractor has been received and determined by the Township to be the most responsive proposal received at the best services value for the estimated costs. The Township desires to contract for the services. The Contractor is willing to provide these services pursuant to the terms and conditions of this Contract.

2. Contract Definitions and Exhibits: The following words shall be defined in the Contract and interpreted as follows:

2.1. “Claims” means any loss; complaint; demand for relief or damages; lawsuit; cause of action; proceeding; judgment; penalty; costs or other liability of any kind which is imposed on, incurred by, or asserted against the Township or for which the Township may become legally or contractually obligated to pay or defend against, whether commenced or threatened, including, but not limited to, reimbursement for reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs, investigation expenses, litigation expenses, or amounts paid in settlement.

2.2. “Contract” means this document and any other documents expressly incorporated herein.

2.3. “Contractor Employee” means any employee, officer, director, member, manager, trustee, subcontractor or agent of Contractor and any persons acting by, through, under, or in concert with any of the above and includes any person who was a Contractor Employee during the term of the Contract but is no longer employed or appointed in that capacity.

2.4. “Contract Documents” mean the following documents, which this Contract includes and incorporates:

2.4.1. Exhibit I Contractor Insurance

2.4.2. Exhibit II Scope of Contractor Services

2.4.3. Exhibit III: Contractor Provided Equipment

2.4.4. Exhibit IV Performance Bond

2.4.5. Exhibit V Township Code of Ordinances Chapter 9, Article III, Div 2.

2.4.6. Exhibit VI Township Code of Ordinances Chapter 10, Article III, Div 11.

2.4.7. Exhibit VII Monthly Invoice Template if Option 2 Billing the Township

2.4.8. Exhibit VIII Contract Price Schedule

2.4.9. Exhibit IX Spill Response Plan

2.4.10. Exhibit X Recycling Guidelines

Waste Hauler Contract Waterford Township-Insert Contractor Draft 06/19/25

2.4.11. Exhibit XI Recycling Incentives (if requested by Township)

2.4.12. Exhibit XII Contractors Proposal (or portions of proposal if agreed to by the Parties)

2.5. ”Proposal” means Contractor’s response or bid to the Township’s Request for Proposals.

3. Term, Termination and Suspension:

3.1. Term: This Contract term shall begin on April 1, 2026, shall continue until March 31, 2031, unless terminated as provided below. The Parties may extend the Contract for up to an additional one (1) year, if requested by the Township and both Parties sign an amendment to the Contract.

3.2. Termination: The Township may, after giving Contractor and the surety seven (7) days’ notice indicating the specific default, and to the extent permitted by laws and regulations, terminate this Contract if the Contractor:

3.2.1. Fails to perform the work required in this Contract as determined by the

Township and fails to correct the deficiency within the time period provided in a written notice from the Township, which shall provide at least 24 hours to cure the default. If the Contractor undertakes reasonable measures to cure the default within the time period provided in the notice, the default shall not be the basis for terminating the Contract unless it is a recurring default that the Township has previously provided the Contractor with notice of the default.

3.2.2. Materially violates any federal, state or local law, ordinance or regulation in performance of this Contract.

3.2.3. Assigns this Contract or any portion thereof in violation of this Contract.

3.3. Township Rights Upon Termination: In the event the Township terminates the Contract for one of the above reasons, the Township shall immediately have the right to contract with a different provider to perform the services required in the Contract, for the term remaining on the Contract at the time of termination. Contractor shall be liable to the Township for any increases in prices charged by the new provider.

Upon the occurrence of a default that is not cured in the time and manner required by the Township, Contractor shall be liable to the Township for any damages the Township sustains by virtue of the Contractor's breach, and any reasonable costs the Township incurs enforcing or attempting to enforce this contract, including reasonable attorney fees. The Township may cause to be withheld any payment(s) to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the Township from the Contractor is determined by law or equity, provided the Township promptly pursues said determination. It is expressly understood that the Contractor will remain liable for the above damages and costs the Township sustains in excess of any setoffs. Contractor's Performance Bond secures and may be used to secure payment of all Contractor liabilities under the Contract.

3.4 Contractor Obligations Upon Termination: Upon receiving a notice of termination, Contractor shall take the following actions: 1) cease providing all services at the end of the termination period; 2) take action to mitigate and limit potential losses, including terminate or limit as applicable those orders for materials and supplies related to this Contract to the extent such may be terminated.

3.5. Township Obligations Upon Termination: First sentence applies If Township is being invoiced for services by Contractor: The Township’s sole obligation in the event of termination of this Contract is for the payment of actual services provided before the effective date of termination. Under no circumstances shall the Township be liable for any lost revenues or economic benefit Contractor may have realized but for the termination or cancellation of the Contract. The Township shall not be obligated to pay Contractor a cancellation or termination fee.

3.6. Township’s Right to Suspend Contract Performance: Upon written notice, the

Township may require Contractor to suspend its performance of this Contract to allow proper inspections, avoid irreparable damage to persons or property, avoid contamination that cannot be readily remediated and if Contractor has failed to comply with federal, state, or local laws or any requirements contained in this Contract. The right to suspend performance of this Contract is in addition to the Township’s right to terminate or cancel this Contract. The Township shall not incur a penalty, expense or liability to Contractor if it suspends performance of this Contract.

4. Scope of Contractor Services: Contractor shall provide waste hauling services for the

Township pursuant to the terms of this Contract as described in the attached and incorporated Exhibit II, Scope of Contractor Services. (“Services”).

5. Contract Amendments: All amendments to the Contract must be in writing and signed by the signatories of this Contract or the successors in office or position.

6. Payment:

OPTION 1: Contractor Billing Customers and Payment: The Contractor shall be responsible for billing and entitled to payment from the owners and occupants of residential premises sites of generation for collection, transportation, and disposal services provided to those properties at the rates in the Contract Price Schedule in Exhibit VIII. Contractor's invoicing to customers shall be in compliance with Section 9-066 of the Code. Provided the requirements and procedure in Section 9-067 of the Code are satisfied and followed by Contractor, the Township agrees to place delinquent invoices and late payment penalties on the Township tax roll for collection, and upon receiving payment of those amounts, to forward them to Contractor less any deductions. However, if a condominium association is billed by Contractor instead of the owners of the individual units, the Township is unable to place delinquent charges for condominium association on the tax roll.

OPTION 2: Contractor Billing Township and Payment: Contractor shall provide a monthly invoice to the Township by the tenth (10th) day of the month, to the Township Clerk’s Office, with a copy to the Deputy Supervisor, which itemizes the number of residential units serviced during the month multiplied by the cost per unit. The invoice shall contain the format provided in Exhibit VII. The Parties shall agree on the total residential unit count each month. The number of residential units shall be updated as needed to add the number of occupancy permits for designated residential structures that require collection service as issued by the Township Building Department and deleting the number of completed demolition permits for residential structures, or another manner acceptable to the Parties.

The Township shall have no obligation to make a payment under this Contract until an invoice is submitted in the form set forth in the Contract. Township shall only provide payment to Contractor for Services under this Contract and not provide payment to any subcontractors of Contractor. Township shall remit payment to Contractor for Services provided and described in the invoice, less any liquidated damages, within thirty (30) days of receipt.

Township shall discuss liquidated damage amounts with Contractor and confirm their appropriateness, prior to deducting any liquidated damages. In the event the Township disputes an item on the invoice, the Parties shall discuss the disputed amount and attempt to resolve the disputed charge as specified in the Dispute Resolution Section 22.

7. No Obligation for Penalties/Costs/Fines: The Township shall not be responsible for any cost, fee, fine, penalty, or direct, indirect, special, incidental, or consequential damages incurred by Contractor in connection with the performance of this Contract.

8. Contractor Warranties:

8.1. Full Knowledge of Contract Expectations. Contractor is responsible for being adequately and properly prepared to execute this Contract. Contractor has satisfied itself in all material respects that it will be able to perform the Contract as specified herein.

8.2. Complete and Accurate Representations: Contractor certifies that all statements, assurances, records, and materials submitted to the Township in connection with and seeking and obtaining this Contract have been truthful, complete and accurate.

8.3. Equipment and Supplies. Contractor is responsible for providing all supplies to perform this Contract, which are not expressly required to be provided by the

Township. Exhibit III describes the equipment dedicated for Township for the

Services in the Contract as well as equipment available or to be acquired for Contractor to use as needed for Services to Township.

8.4. Licenses. Contractor shall be responsible for obtaining all licenses, permits, and governmental authorizations necessary to provide waste hauling services, including a

Township license as provided in Chapter 9, Article II, Div 2 of the Township Code of

Ordinances (Exhibit V).

8.5. Debarment and Suspension. Contractor will comply with applicable federal regulations and certifies to the best of its knowledge and belief that it, its employees:

Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department.

8.6. Acknowledgment of Independent Contractor Status. Nothing in this Contract is intended to establish an employer-employee relationship between the Township and

Contractor or any Contractor Employee. In no event shall Contractor Employees be deemed employees, agents, volunteers, or subcontractors of the Township. Contractor shall ensure that Contractor Employees are apprised of their status under the Contract and the limitations independent Contractors have.

8.7. Iran-Linked Business Certification. Contractor certifies that it is not an Iran-

Linked Business, and it was not an Iran-Linked business at the time it submitted its

Proposal and will promptly notify the Township if it becomes an Iran-Linked Business during the term of the Contract.

8.8. Contactor Taxes. Contractor shall collect and pay its local, state, and federal taxes, including but not limited to, all employment taxes, sales taxes, personal property taxes, and real property taxes. The Township shall not be liable or required to reimburse Contractor for any taxes of any kind. The Township is exempt from state and local taxes. Prices under this Contract shall not include taxes unless the Township is not exempt from a certain tax.

8.9. Warranty for Services. Contractor warrants that all Services shall be performed in compliance with all applicable laws, statutes, regulations, ordinances, and professional standards, including local and state health and sanitation laws (except to the extent those are the obligation of the Township.

9. Liability:

9.1. Contractor Indemnification: Contractor shall indemnify, defend, and hold the Township harmless from all Claims incurred or asserted against the Township by any person or entity, which are alleged to have been caused directly or indirectly for the acts or omissions of Contractor or Contractor’s Employees. The Township’s right to indemnification is in excess and above any insurance rights/polices required by this Contract.

9.2. No Indemnification from the Township: Contractor shall have no rights against the Township for indemnification, contribution or subrogation, or any other right to be reimbursed by the Township, except as expressly provided herein.

10. Contractor Provided Insurance: At all times during this Contract, Contractor shall obtain and maintain insurance according to the requirements listed in Exhibit I.

11. Contractor Performance Bond: Contractor shall be required to furnish financial assurance to compensate the Township for losses that may be incurred in the event Contractor fails to faithfully perform Contractor’s obligations under this Contract. Said financial assurance shall be equal to one-fourth of the total annual Contract amount and is provided in the attached

Performance Bond, Exhibit IV. The performance bond shall remain in effect throughout the

Contract period and shall be with a surety licensed to do business in the State of Michigan.

The bond shall remain in effect for the duration of the Contract.

12. Discrimination: Contractor shall not discriminate against an employee or an applicant for employment in hiring, any terms and conditions of employment or matters related to employment, in accordance with applicable federal and state laws. Contractor shall comply with all Civil Rights requirements for the Services provided under this Contract.

13. Conflict of Interest: Pursuant to Public Act 317 and 318 of 1968, as amended (MCL 15.301, et seq. and MCL 15.321, et seq.), no contracts shall be entered into between the Township and any elected and appointed officials, employees, and volunteers of the Township, when acting in their personal or official capacity. To avoid any real or perceived conflict of interest, Contractor shall disclose to the Township the identity of all Contractor Employees who: a) are employed by the Township on the date the Contract is executed; and b) become employed by the Township during the term of the Contract. Contractor shall also disclose to the Township the identity of all Township officials, employees, and volunteers who a) are employed by Contractor on the date the Contract is executed; and b) become employed by

Contractor during the term of this Contact.

14. Access and Records: Contractor will maintain accurate books and records in connection with the performance of this Contract for thirty-six (36) months after the end of this Contract and Contractor shall provide the Township with reasonable access to such books and records, upon request.

15. Audit: The Township or an independent auditor hired by the Township may perform Contract audits (in its sole discretion) concerning the Services provided herein and shall have the authority to access all pertinent records and data and to interview upon reasonable notice and during normal business hours any Contractor Employee during the term of this Contract and for a period of three years after final payment. Contractor shall cooperate with the Township and explain any audit findings, questioned costs, or other Contract compliance deficiencies to the Township within thirty (30) Business Days of receiving the draft audit report.

16. Prior Written Consent for Assignment: Except by operation of law, neither Party may assign, delegate, or subcontract any of its duties or rights under this Contract without the prior written consent of the other Party. A request to approve an assignment, delegation or subcontract must be provided sixty (60) days prior to the date of requested approval.

However, Contractor may assign, delegate, or subcontract this Contract to an affiliate or subsidiary as long as the affiliate or subsidiary is adequately capitalized and can provide adequate written assurances to the Township that the affiliate or subsidiary can perform this Contract. The Township may withhold consent if the Township determines that the assignment, delegation, or subcontract would impair performance of this Contract or the Township’s ability to recover damages under this Contract. Contractor shall also provide the Township with adequate information to allow the Township to make a determination regarding the assignment, delegation, or subcontract. If Contractor assigns, delegates or subcontracts this Contract, in whole or in part, Contractor shall remain the sale point of contact regarding all matters under this Contract and shall remain liable for the performance of this Contract. If an assignee, delegee or subcontractor fails to perform as required under this Contract, Contractor shall contract with another entity for such performance. Any additional costs for securing another assignee, delegee, or subcontractor shall be the sole responsibility of Contractor.

17. Survival of Terms and Conditions: The following terms and conditions shall survive and continue in full force beyond the termination or cancellation of this Contract, or any part thereof, until the terms and conditions are fully satisfied or expire by their nature: Section 1.

Contract Purpose, Section 4 and Exhibit II Scope of Contractor Services, Section 8 Contractor

Warranties, Section 9 Liability, Section 10 and Exhibit I Contractor Insurance, Section 11 and

Exhibit IV Performance Bond.

18. Force Majeure: Notwithstanding any other term or condition of this Contract, neither Party shall be liable for failure to perform contractual duties or obligations caused by events beyond their reasonable control, including but not limited to: (a) acts of public enemies; (b) natural disasters; (c) terrorism; (d) war; (e) insurrection or riot; (f) natural disasters; (g) strikes, lockouts, work stoppages, or other labor difficulties; or (h) compliance with law. Reasonable notice shall be given to the affected Party of such event. Contractor is expected, through insurance or alternative temporary or emergency service arrangements, to continue its contractual duties or obligations if a reasonably anticipated, insurable business risk, such as business interruption or any insurable casualty or loss occurs.

19. Notices: All notices required under this Contract shall be in writing. Notices shall be effective:

(a) the next Business Day, if personally delivered; (b) the third Business Day, if sent by

U.S. mail, postage prepaid, return receipt requested; (c) the next Business Day, if sent by a nationally recognized overnight express courier with a reliable tracking system; or

(d) the next Business Day with a receipt of confirmation, if sent by e-mail or fax.

Notice to Township: Notice to Township shall be addressed to Clerk, Waterford

Township with a copy to the Deputy Supervisor at the address listed on the first page of the Contract with emails and phone numbers kmarkee@waterfordmi.gov 248-674-6211, sshloss@waterfordmi.gov, 248-674-6201.

mailto:kmarkee@waterfordmi.gov mailto:sshloss@waterfordmi.gov

Notice to Contractor: Notice to Contractor shall be addressed to_______ at the address listed on the first page of the Contract, Insert email and phone.

20. Severability: If a court of competent jurisdiction finds a term or condition of this Contract to be illegal or invalid, then the term or condition shall be deemed severed from this Contract.

All other terms or conditions shall remain in full force and effect. Notwithstanding the above, if Contractor’s promise to indemnify or hold the Township harmless is found illegal or invalid, Contractor shall contribute the maximum it is permitted to pay by law toward the payment and satisfaction of any Claims against the Township.

21. No Third-Party Beneficiaries: Except as provided for the benefit of the Parties, this Contract does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity.

22. Dispute Resolution: The Parties agree to first use the following process to resolve disputes about issues relating 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.