Bid Notice

REQUEST FOR BIDS

FOR RESIDENTIAL SOLID WASTE/RECYCLING COLLECTION AND DISPOSAL

Sealed proposals (i.e. bids) will be received by the City of Croswell until 10:00 A.M., March 14, 2024. Bids will be publicly opened and read aloud at this time.

Bids must be made on the Proposal Forms and in accordance with the Instructions to Bidders. The Contract Documents, of which the Proposal Form is a part, are published by and available through the City of Croswell, 100 N Howard Ave., Croswell, MI 48422; email - croswellcity@croswell.us; 810-679-2299

Envelopes containing the bids must be sealed and must clearly show the name and address of the bidder and the statement "Proposal for Residential Solid Waste/Recycling Collection and Disposal."

A Bid Bond or certified check must accompany the bid in accordance with the

Instruction to Bidders. Said bond will be held as a guarantee that in the event the bid is accepted and a Contract awarded to the bidder, the Contract will be duly executed, and its performance properly secured by the required performance bond. The successful bidder will be required to execute the contract within (14) fourteen days after award of the Contract to him. In case the bidder neglects to so execute the Contract, the bond accompanying the bid shall be forfeited to the City of Croswell not as a penalty, but as liquidated damages.

The City of Croswell reserves the right to accept or reject any or all bids, to waive irregularities, and/or informalities in any bid, and make an award in any manner, consistent with law, deemed in the best interest of the City of Croswell.

CITY OF CROSWELL INSTRUCTIONS TO BIDDERS

FOR RESIDENTIAL SOLID WASTE/RECYCLING AND DISPOSAL

  • Receipt and Opening of Proposals
  • Scope of Work
  • Preparation and Submission of Proposal
  • Contractor to Make Examinations
  • Qualifications and Competency of Bidders
    • An itemized list of the bidder’s equipment for use on the Contract.
    • A copy of the latest available financial statement prepared by an outside certified accounting firm for the bidder.
    • Evidence in form and substance satisfactory to the City of Croswell that the bidder has been in existence as a going concern for in excess of five (5) years actual operating experience.
    • List three (3) municipalities of equal or larger size that the Contractor has supplied solid waste/recycling services for.

The City of Croswell invites and will receive Proposals (i.e. bids) to the forms attached hereto at City Hall 100 N. Howard Ave. Croswell, Mich. until 10:00 A.M. March 14, 2024. Bids will be publicly opened and read aloud immediately following said date. Bids must be sealed and addressed to

"Proposal for Residential Solid Waste/Recycling Collection and Disposal.

The work to be performed under this Contract shall consist of all items contained in the Proposal including the provision of all other items necessary to provide the service as set forth in the specifications attached hereto.


Term of Contract

The term of this Agreement shall commence July 1, 2024 and shall extend. for a period of (3) three years from this date. This Agreement can be renewed for like periods with mutual consent of both parties.

All bids must be legibly written in ink or typewritten. Proposed rate schedules and quantities must be written in both words and figures. In the event of a discrepancy or error, the unit prices and quantities as written out in words shall govern.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address and plainly marked "Proposal for Residential Solid Waste/Recycling Collection and Disposal.

If forwarding by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid. The City of Croswell reserves the right to reject any bid not prepared and submitted in accordance with the provisions hereof, to waive any irregularities, and to reject any and all bids. Conditional bids will not be accepted.

 

Bidders shall inform themselves of all conditions under which the work is to be performed and all other relevant matters that may affect both the quality of work and the quantity of labor, equipment and material needed thereon. The bidder shall make his own determinations as to conditions and shall assume all risk and responsibility and shall complete the work in and under conditions he may encounter or create, without extra cost to the City of Croswell. The bidder agrees that if he should execute the Contract, he shall make no claim against the City of Croswell because of estimates or statements made by any officer or agent of the City of Croswell which may prove to be in any respect erroneous.

The failure of omission of any bidder to receive or examine any form, instrument, addendum or other document shall in no way relieve him of any obligations with respect to his bid or to the Contract. The City shall make all documents available to the bidders.

Each bidder is required to submit with the bid certified supporting data regarding his qualifications and suitability for the work to be performed including the following information, sworn under oath by him.

7.       Basis of Proposal

Proposals with respect to refuse collection and disposal are solicited on the basis of monthly rates per Residential Unit. The total number of Residential Units and, therefore, the total compensation due the Contractor may change as provided in the Contract Specifications. This rate will be assessed as payment due the Contractor for each collection in the billing period. The City of Croswell will collect and faithfully render compensation due the Contractor for all services in the manner prescribed in the Contract Specifications.

  • Bid Bond
  • Performance Bond
  • Addenda and Explanation

Each bid must be accompanied by a certified check, cashier's check, or Bid Bond in the amount of one thousand dollars ($1,000.00) as a guarantee that if the bid is accepted the bidder will execute the Contract within (14) fourteen days of its award. The failure or refusal of the successful bidder to enter into the Contract within said time frame will result in the forfeiture of the Bid Bond (or check) to the City of Croswell as liquidated damages. Forfeiture of the security shall be the sole remedy of the City of Croswell. Award of the Contract may then be made to the next best qualified bidder or the work re-advertised for proposals as the City may elect.

The Bid Bond of the lowest three bidders will be held until the Contract is executed. If no bid has been selected within 60 days of the opening of bids, securities will be returned upon demand of any bidder at any time thereafter, provided that he has not been notified of the acceptance of his bid.

Each bid must also be accompanied by the certificate of insurance evidencing the coverage's set forth in the Contract Specifications. In lieu of the certificate, bidder may submit evidence satisfactory to the City that, in the event that the award of the Contract is made to him, the required coverages would be in place before execution of the Contract.

The selected bidder shall have 14 days after execution of the contract to deliver to the City a Performance Bond in the amount of ($50,000.00) Fifty thousand dollars. Said bond is to be executed by a Surety or banking institution satisfactory to the City, guaranteeing both the faithful performance of the Contract and the due payment of all lawful claims for all labor, material and equipment used in the work. The form of the bond is appended hereto.

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 to each bidder. Every request for such explanation and any other information regarding the Contract shall be addressed in writing to the City. Any verbal statements regarding same by any person, previous to the award, shall be unauthoritive and not binding.

 

CONTRACTORS PROPOSAL

To: City of Croswell

Proposal of:

The undersigned having carefully read and considered the terms and conditions of the Contract Documents for Residential Solid Waste/Recycling Collection, and Disposal for the City of Croswell, and being familiar with local conditions affecting the cost of work, does hereby offer to furnish, at the rates hereinafter set forth, all labor, equipment, materials, tools, insurance, supervision, and all other items necessary to provide the service as specified. For the purpose of bidding, there are approximately 805 residential units in the City of Croswell.

RESIDENTIAL SOLID WASTE/RECYCLING COLLECTION AND DISPOSAL

Rate per Residential Unit Per Month (Designated in written words and figures)  per month per residential unit  per month per unit

All above prices are based upon a once per week pick up for solid waste/recycling removal and disposal.

By:       

Address:        

Telephone:    

 

CONTRACT SPECIFICATIONS

          DEFINITION

  • Bags - Plastic sacks designed for refuse with sufficient wall strength to maintain physical integrity when lifted by top; securely tied at the top for collection with a capacity not to exceed 30 gallons and a loaded weight not to exceed 50 pounds.
  • Bid Bond - The corporate Surety bond or a certified check drawn on a national bank in the amount specified in the Instruction to Bidders submitted with the bid as a guarantee that the bidder will, if called upon to do so, accept and enter into the Contract.
  • Municipality - Refers to the applicable municipal authority (e,g. city, town, village, county, etc.) empowered under the state law to solicit and award contracts for the collection of Residential Refuse. Will also refer to the appropriate employee or office of the municipality authorized to act as its agent in handling the pertinent matter of this contract.
  • Construction Debris - Waste building materials resulting form construction, remodeling, repair or demolition operations,
  • Containers -(a) Reusable Containers - A receptacle made of plastic, metal, or fiberglass with a capacity not to exceed 30 gallons, a loaded weight of no more than 50 lbs., a tight-fitting lid, and handles of adequate strength for lifting. (b) Non-Reusable Containers - See definition of bags.
  • Contract Documents - The Request for Bids, Instruction to Bidders, Contractor's Proposal, Contract Specifications, the Contract Performance Bond and any addenda or changes to the foregoing documents agreed to by the Municipality and the Contractor.
  • Disposal Sites - A refuse depository for the processing or final disposal of Refuse including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing separation centers, licensed, permitted or approved by all governmental bodies and agencies having jurisdiction.
  • Garbage - Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food and including food containers.
  • Hazardous Waste - Waste designated as hazardous by the United States Environmental Protection Agency or appropriate state agency.
  • Performance Bond - A corporate Surety bond that guarantees consumption to the Municipality in the event that it must assume the obligations and, or duties of the
  • Recyclable - a substance or object that can be recycled
  • Refuse - Discarded solid waste materials, consisting of garbage, rubbish or a combination thereof.
  • Residential Unit - A single family inhabitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating. Also, to include buildings containing two or less separate or contiguous single family dwelling units with each unit to be treated separately for purposes of billing.
  • Rubbish - non-putrescible solid waste consisting of combustibles and noncombustible materials.

Contractor in order to continue the service as defined by the Contract Specifications.

ll. SCOPE OF CONTRACT

The term of this Agreement shall commence July 1, 2024 and shall extend for a period (3) three years from the Effective Date, This Agreement can be renewed for like periods with mutual consent of both parties.

Exclusive Right -The City of Croswell, as grantor, grants the Contractor, as grantee, the exclusive right during the term of this Contract to collect and dispose of Residential Solid Waste/Recycling located within the area as defined in the Service Operations and Performance Section Ill. The City of Croswell warrants that it has the authority to grant such exclusive right as described in this contract.

The City of Croswell covenants that during the term of this Contract it will not engage other individuals or itself become involved in similar activity that would impair the exclusive right of the Contractor.

Compliance with Applicable Laws -The parties to this Contract agree that the laws of the State of Michigan shall govern validity, construction, interpretation and effect of this Contract. The Contractor shall conduct the service of Residential Solid

Waste/Recycling Collection and Disposal as provided by this Contract in compliance with all applicable federal and state regulations and laws. This Contract and the work to be done as described herein is also subject to the provisions of all pertinent municipal ordinances which are hereby made a part hereof with the same force and effect as if specifically set out herein.

Breach of Contract - If the Contractor fails to perform, or to perform in a satisfactory manner or to perform in accordance with applicable ordinances, the City of Croswell shall have the right to demand in writing adequate assurance from the Contractor that steps, are being taken to rectify the situation. The Contractor, within fourteen (14) days of receipt of such demand, must return to the City a written statement that explains reasons for non-performance or delayed, partial or substandard performance during that period and any continuation thereof.

The Contractor also has available to him the option to appear with an explanation before the appropriate governing body, (e.g. City Council). Upon receipt of the

Contractor's statement or failure of the Contractor to make one, the City may, except under conditions of Force of Majeure, terminate this Contract and make demands under the terms of the Performance Bond.

Force Majeur - Neither the Contractor nor the Municipality shall be liable for the failure to perform their duties nor for any resultant damage, loss, etc., if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fine, accident, act of God, or other similar or different contingency beyond the reasonable control of the Contractor or the Municipality.

If Such circumstances persist for more than seven (7) days or if after their cessation the Contractor is unable to render fall or substantial performance for a period of thirty (30) days, he may terminate this Contract upon written notice given thirty (30) days in advance to the Municipality.

Enforcement - Either party to this agreement may enforce their rights as a result of any controversy or claim arising out of or relating to this agreement or breach thereof in any Court having jurisdiction over the subject matter.

Assignment of Contract - No assignment of this Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the Municipality, which consent will not be unreasonably withheld. The delegation of any Contract duties will require the written Consent of the Surety as such a delegation will not relieve the Contractor or his Surety of any liability and/or obligation to perform. In the event of any delegation of a duty, the delegation shall assume full responsibility and liability for performance of that duty without affecting the Contractor's liability.

Change of Ownership - In the event that the Contractor's business assets are sold, the

Municipality maintains the right to hold the original owner solely liable. If, however, the Municipality determines that the new owner can adequately and faithfully render the service called for in this Contract for the remaining term of the Contract, then the Municipality may elect to execute a novation allowing the new ownership to assume the rights and duties of this Contract and releasing the previous, ownership of all obligation and liability. The new ownership would then be solely liable for all work and/or claims attendant to this agreement.

Waivers - A Waiver by either party of any breach of any provisions hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. No payment or acceptance of compensation for any period subsequent to any breach shall be deemed a waiver of any right or acceptance of defective performance.

Where the condition to be waived is a material part of the Contract such that its waiver would affect the essential bargains of the parties, the waiver must be supported by consideration and take the form of a Contract modification as provided for elsewhere in this section.

Illegal and Invalid Provisions - Should any term, provision or other part of this Contract be declared illegal, it shall be excised and modified to conform to the appropriate law or regulations. Should any term, provision or other part of this Contract be held to be inoperative, invalid or unenforceable, then such provisions or portion thereof shall be reformed in accordance with applicable laws or regulations. In both cases of illegal and invalid provisions, the remainder of the Contract shall not be affected but shall remain in full force and effect.

Joint and Several Liability - If the Contractor is comprised of more than one individual corporation or other entity, each of the entities comprising the Contractor shall be jointly and severally liable.

Binding Effect - The provisions, covenants, and conditions in this Contract apply to bind the parties, their legal heirs, representatives, successors, and assigns.

Amendment of the Contract - No modification or amendment of the terms hereto shall be effective unless written and signed by the authorized representatives of all parties entitled to receive a right or obligated to perform a duty under this Contract. A signed original is to be fastened to the original Contract with signed copies retained by all parties. The written modification is not to become effective for a period of seven (7) days, during which time either party may revoke the writing, upon delivery to the other party of written notice to that effect, dated and signed by a notary.

Merger Clause: Previous Agreements Superseded - This agreement constitutes the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are to be without effect in the construction of any provision or term of this Contract if they alter, vary or contradict this agreement.

 

III. Service Operations and Performance

Service Provided - The Contractor shall provide curbside collection for Residential Units one (1) time per week for waste removal. It is the resident’s responsibility to see that Containers, Bags, Bundles and Bins are placed curbside or as close as practicable to collection vehicle routes by 7:00 a.m. on the designated collection day. Curbside refers to that portion of the right-of-way adjacent to paved or traveled roadways.

Contractor may decline to collect any Containers, Bags, Bundles or Bins not so placed, any Container not defined in the definitions; any Containers that contain sharp objects or liquids; or any Residential Refuse not properly contained.

Construction debris from demolished structures and/or new construction will not be picked up unless previous arrangements are made between the resident and Contractor at an agreed upon price.

Collection of Bulky Wastes will be made upon request of the Municipality and/or a resident of the service area. Residential units are entitled to one bulky item per week. Appliances containing CFC=s and HCFC=s such as refrigerators, freezers, air conditioners, etc., will not be collected unless proper documentation is provided to the Contractor.

Area to be Served - The area to receive the service of Residential Refuse collection is indicated in the map appended hereto and/or by the following description of its boundaries, within the Municipal limits.

Hours of Collection - Normal hours of collection are to be from 7:00 a.m. to 7:00 p.m. Exceptions may be made only when the Contractor has reasonably determined that an exception is necessary to complete collection of an existing route due to unusual circumstances or upon the mutual agreement of the Municipality and the Contractor.

Missed Collections - In the event that a regularly scheduled collection is missed and a complaint received by either the Municipality or the Contractor, and where no fault can be found on the generators part, a special collection of the refuse will be required of the Contractor within Forty-eight (48) hours. The Municipality shall notify the Contractor of any complaints received within Twenty-four (24) hours.

Holidays - The following holidays will be observed:

New Years Day          Memorial Day           July 4th          Labor Day

Thanksgiving Day     Christmas Day

In cases where a holiday falls during the work week, either prior to or on the scheduled pickup day, pickup will be scheduled for the first regular work day following the normal pickup day. Work days are classified as Monday thru Saturday.

Complaints - The Contractor shall receive and respond to all complaints regarding services provided under this Contract. Any complaints received by the Municipality will be directed to the Contractor's office. Should a complaint go unresolved for longer than seven (7) days, the Municipality will have the right to demand an explanation or resolution to its satisfaction.

Collection Equipment - An adequate number of vehicles shall be provided by the Contractor to collect Refuse in accordance with the terms of the Contract. The vehicles shall be licensed in the State of Michigan and shall operate in compliance with all applicable state, federal and municipal regulations. All vehicles shall be manufactured and maintained to Conform with the American National Standards Institute's (ANSI) standard Z245.1.

All vehicles and other equipment shall be kept in proper repair and sanitary condition. Each vehicle shall bear, as a minimum, the name and phone number of the Contractor plainly visible on both cab doors. Each vehicle shall be uniquely numbered in lettering at least Two (2) inches high. All vehicles shall be sufficiently secure so as to prevent any littering of solid waste/recycling and/or leakage of fluid. The name of the Municipality shall not appear on any vehicle owned by the Contractor insinuating reference to municipal ownership.

The Contractor may make private collections with the same vehicles used for Contract collections provided that such use in no way impairs the delivery of service required under this Contract.

Personnel - The Contractor shall require his employees to be courteous at all times, to work quietly and not to use loud or profane language. Each employee shall be neat and clean as circumstances permit. Shirts will be required at all times.

The Contractor's employees shall follow the regular walks for pedestrians while on private property, shall not trespass or loiter on private property, shall not cross property to adjoining property and shall not meddle or tamper with property which does not concern them.

Each employee assigned to drive a vehicle shall, at all times, carry a valid driver's license for the type of vehicle they are driving.

The Municipality shall have the right to make a complaint regarding any employee of the Contractor who violates any provision hereto, or who is wanton, negligent, or discourteous in the performance of his duties.

The Municipality may suggest action to be taken in its complaint, but it shall not be binding to the Contractor.

Disposal Site - The Contractor shall be totally responsible for all equipment owned while operating on any disposal site.

The location of the disposal site to be used under the terms of this Contract is shown on the map appended hereto and/or described as follows:

The Contractor will assume all fees and increases levied at the disposal, site with the exception of governmental fees and taxes. The Contractor may at any time be asked to provide evidence that the disposal site upon which his rates are based is the site actually used and that the said site is a legally permitted facility.

Title to Solid Waste/Recycling - Title to non-hazardous refuse shall pass to the Contractor when placed in the Contractor's collection Vehicle, removed by the Contractor from a container, or removed by the Contractor from the customer's premises. Any Hazardous, Special or Toxic waste remains the property of the customer.

Notification to Residents - The Municipality shall inform all residents as to complaint procedures, rates, regulations and day(s) for scheduled collection.

Office - The Contractor shall establish and maintain a local office or other facility, not necessarily within the city limits, through which he can be contacted, where service may be applied for, and complaints can be made. Such office or facility shall be equipped with adequate telephone communications, shall have at least one responsible person in charge and present during all collection hours.

Notice - A letter properly addressed and sent by mail, certified mail, or registered mail to any party at the address provided below shall constitute sufficient notice whenever written notice is required for any purpose of this agreement. Notice shall be considered sent either when received at the appropriate address or deposited in the United States Mail.

ADDRESS for Notices to Municipality:      City of Croswell

                                                                       100 N Howard Ave

                                                                       Croswell, MI 48422

ADDRESS for Notices to Contractor:          

  • DISCRIMINATION
  • INDEMNITY
  • INSURANCE

Neither the Contractor nor any sub-contractor nor any person(s) acting on his behalf shall discriminate against any person because of race, sex, age, creed, color, religion, or national origin.

The Contractor will indemnify and save harmless the Municipality, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney fees resulting from a willful or negligent act or omission of the Contractor, its officers, agents, servants, and employees in the performance of this Contract; provided, however that the Contractor shall not be liable for any expenses, and attorney’s fees arising out of the award of this Contract or a willful or negligent act or omission of the Municipality, its officers, agents, servants, and employees.

 

 

 

TYPE OF INSURANCE

AMOUNT

GENERAL LIABILITY

General Aggregate$ 1,000,000 Commercial Gen.

Liability

Products-Comp/Ops Agg."Claims Made Occur

Personal Advertising Injury Owners Contractor's

Prot.

Each Occurrence "Prod./CompFire Damage”

“AUTOMOBILE LIABILITY Any Auto Combined Single Limit”

The Contractor shall maintain in full force and effect throughout the term of this Contract and throughout any extension or renewal thereof the following types of insurance in at least the limits specified below:

WORKMEN'S COMPENSATION       Statutory and

EMPLOYERS LIABILITY                  Each Accident                     $1,000,000 Disease-Policy Limit

"Disease-Each Employee"

Employer's Liability Coverage will be required of the Contractor and any subcontractor where any class of employee engaged in work under this Contract is not protected under the Workmen's Compensation Statute.

All insurance will be by insures acceptable to the City and authorized to do business in the State of Michigan, Prior to the commencement of work the Contractor shall furnish the City with certificates of insurance or other satisfactory evidence that such insurance has been produced and is in force. Said policies shall not thereafter be cancelled, permitted to expire, or be changed without ninety (90) days advance written notice to the City.

To the extent permitted by law, all or any part of required insurance coverages may be provided under a plan of self-insurance.

VII. PERFORMANCE BOND

Before this Contract can be executed, the Contractor shall furnish a corporate Surety Bond written by an acceptable bank as security for the performance of the Contract. Said bond must be in the amount of ($50,000.00) Fifty thousand dollars. This is the extent of liability of the Bond.

The Surety on the bond shall be a duly authorized corporate Surety company authorized to do business in the State of Michigan. Attorneys-in-fact who sign Performance Bonds must file with each bond an effectively dated copy of their power of attorney, bearing the seal of the company, evidencing such agent's authority to execute the bond. In case of extension or renewal of this Contract, the Contractor shall furnish a Performance Bond in the same amount and under the same terms as the initial Bond. The original Surety however, is in no way obligated to extend or renew the bond.

This Contract shall be subject to termination by the City at any time if said bond shall be cancelled or Surety thereon relieved from liability for any reason. Notice of cancellation of the bond must be served upon the City thirty (30) days prior to the effective date of said cancellation. The Contractor will not be terminated if within thirty (30) days of such notice the Contractor files with the City a similar bond to be effective for the balance of the Contract period.

VIII. PERMITS, LICENSES AND TAXES

The Contractor shall obtain and assume the cost of all licenses and permits and promptly pay all taxes required by the City.

IX. BASIS AND METHOD OF PAYMENT

Rates - For all collection and disposal services required, under this Contract, the charges to the City will equal the rates as set forth in the Contractor's proposal.

Adjustments in Total Compensation New or Discontinued Service

Before commencement of work under this Contract, the City must provide the Contractor with an accurate address list of dwelling units to receive service. Thereafter and for the duration of the Contract the City shall promptly inform the Contractor of any new or discontinued service.

The Contractor shall bill the City within ten (10) days of the end of each regular month for an amount calculated as:(# of Units Receiving Service) X (Monthly Rate for Residential Collection).

The City shall, remit payment within fifteen (15) days following the end of each month. If any dispute arises, the undisputed amount shall be paid.

The Contractor will provide service to any territory annexed by the City within the duration of this Contract including any extension thereof with the unit count adjusted accordingly.

 

CONTRACT

THIS CONTRACT, Made and entered into this day of _ 2024, by and between the City of Croswell (herein after called the (Municipality) and  (herein after called the (Contractor).

WITNESSETH, That the Contractor and the Municipality for the consideration stated herein agree as follows:

l. Term - The term of this Agreement shall commence on July 1, 2024 (the Effective Date) and shall extend for a period of (3) years from the Effective Date. This agreement can be renewed for like periods with mutual consent of both parties.

ll. Scope of Work - The Contractor is granted the sole and exclusive right within the geographic area as described in the Contract Specifications and shall furnish all personnel, labor, equipment, trucks and all other items necessary to provide Refuse collection, removal and disposal services as specified and to perform all of the called for and described in the Contract Documents.

Ill. Component Parts of the Contract Documents - The Contract Documents shall include the following documents, all of which are as fully a part of this Contract as if herein set out verbatim, or it not attached as hereto attached:

  • The Request for Bids
  • The instruction to Bidders
  • The Contractor's Proposal
  • The Contract Specifications
  • The Performance Bond
  • This Instrument
  • Any addenda or changes to the foregoing documents agreed to by the parties hereto.

All provisions of the Contract Documents shall be strictly complied with and conformed to by the Contractor and no amendment to this Contract shall be made except upon the written consent of the parties, which consents shall be not be unreasonably withheld. No amendment shall be construed to release either party from any obligation of the Contract Documents except as specifically provided for in such amendment.

This Contract is intended to conform in all respects to applicable statutes of the State of Michigan and if any part or provision of this Contract conflicts therewith, the said statute shall govern.

IN WITNESS WHEREOF, We, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals at , Michigan as of this  day of _______________,2024.

 

Municipality of:

By:

and:

Contractor

By:

Attest:

 

PERFORMANCE BONDS

KNOW ALL MEN BY THESE PRESENTS, That we,___________________________ (herein after called (Principals), as Principal, and __________________________________, a corporation organized and existing under the laws of the State of Michigan and authorized to transact business in the State of Michigan (herein after called (Surety), as Surety are held firmly bound unto____________________

 (herein after called (Obligee), as Obligee, in the penal sum of DOLLARS ($_____________) 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 presents.

WHEREAS, The Principal has entered into a certain written contract with the Obligee dated the ______day of _________________ 2024, for Residential Solid Waste/Recycling

Collection and Disposal, which Contract is hereby referred to made a part of 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 suffer by reason of the failure to so do, then his obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, HOWEVER, that no suit, action or proceeding shall be had or maintained against Surety on the 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 alleged default or failure to perform.

Signed and sealed this _________ day of__________________2024.

 

(Seal)

PRINCIPAL

By:

Surety

By: