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BLAW 320 TORTS
5-1. Bike Riding Sweet Sixteen
Dina, age sixteen, lives at home with her mother, Mary. Mary is
aware that Dina has recently exhibited a sometimes violent and
delusionary nature diagnosed as schizophrenia and has attacked
persons in the neighborhood. Medication that can control Dina's
behavior has been prescribed, but without Mary's knowledge,
Dina has stopped taking it.
After Dina stopped taking the medication, she approached a
neighbor, Paul, as he walked along the sidewalk fronting Mary's
home. Without provocation, Dina gestured threateningly at Paul
and screamed, "I know you're out to get me and I'm going to get
you first," and then left.
Paul, who had no knowledge of Dina's mental illness, phoned
Mary about the incident. Mary told Paul that "Dina has
sometimes made threats to others, but I do not think she will try
to hurt you and I assure you that this will not happen again."
Paul believed Mary's assurances and, for that reason, did not
seek to avoid Dina.
Mary questioned Dina about the incident, scolded her, and
asked if Dina was taking her medication. When Dina said she
was taking it. Mary did not pursue the matter.
Two days after Dina confronted Paul, Dina saw him raking
leaves which had fallen into the street fronting their adjoining
homes. Dina got on her bicycle and rode it as rapidly as she
could directly at Paul. Although Dina swerved away from Paul
at the last moment, Paul reacted by diving to one side. He
struck his head on the curb and suffered a severe concussion
and facial injuries.
Paul has sued Dina and Mary, alleging tortious causes of action.
1. Is Paul entitled to recover against Dina for:
a. Assault?
b. Battery?
2. Is Paul entitled to recover against Mary:
a. On the ground that Mary was negligent as to Paul?
b. On the ground that Mary is vicariously liable for Dina's
conduct?
5-2. Shopping Dispute
Superstore is a 24-hour grocery store. For safety reasons,
Superstore has installed bright lights in its parking lot that turn
on in response to loud noises. The lights turn on several times a
week, especially during the night, and have caused neighboring
homeowners to complain of loss of sleep and various adverse
health consequences.
One night, Ned and Carl exited Superstore, each carrying a
heavy bag. Ned is the publisher of a local newspaper and Carl is
a business consultant. As they exited, they accidentally bumped
into each other, each causing the other to drop his bag and spill
its contents. A loud argument ensued. Ned took several steps
toward Carl; Carl threw an orange at Ned and grazed his pant
leg without injuring him; and Ned punched Carl in the stomach.
The loudness of the argument caused the lights in the parking
lot to turn on. Soon, a Superstore security guard arrived and
restored order.
The next day, Ned published an account of the incident, calling
Carl a “coward and a liar.” Carl experienced a substantial
decrease in business consulting thereafter.
1. What tort claim or claims can Ned reasonably bring against
Carl, and what defense or defenses can Carl reasonably raise?
2. What tort claim or claims can Carl reasonably bring against
Ned, and what defense or defenses can Ned reasonably raise?
3. What tort claim or claims can the neighboring homeowners
reasonably bring against Superstore?
5-3. Diner Incident
Pam drove to Diner, a local restaurant, at about 5:00 p.m. When
she got out of her car in Diner’s parking lot, she was robbed at
gunpoint by an unknown assailant, who took her purse and her
cellular phone. Pam later discovered that she was not the first
victim of a crime in the Diner parking lot. In the past year, two
other customers had been the victims of auto burglaries, which
occurred while they were dining inside the restaurant. Diner put
two video cameras in the parking lot, but did not hire security
guards to patrol the parking lot.
As the robber began to flee, Pam wanted to get help and decided
to run into Diner to use one of its telephones. She hoped that by
calling “911” quickly, the robber could be apprehended and her
property returned. As Pam ran across the parking lot she tripped
in a large pothole and fell and broke her arm. Diner had not
repaired the pothole, although customers had been complaining
about it for weeks. All of the complaints were from customers
who had not spotted the pothole while driving, hit it, and
worried that their tires would be knocked out of alignment. The
pothole was readily visible to pedestrians. Had Pam not been so
panicked by the robbery, she likely would have noticed the
problem and avoided it.
When Pam entered the restaurant, she asked a waiter, Wayne, to
let her use Diner’s phone to call “911.” Wayne refused to let her
use the telephone. He said Diner’s policy limited use of the
telephones to employees making business-related calls and
strictly prohibited calls by customers. In fact, Pam later found
out that Wayne had misstated the policy, which included an
exception for emergencies. When Wayne refused, another
customer promptly called “911” for Pam, using his own cellular
phone. The paramedics and police arrived shortly thereafter,
enabling Pam to get immediate treatment. However, the robber
was never apprehended and Pam never recovered her purse or
her cellular phone.
Pam is suing Diner. Under what theory or theories might Pam
bring an action against Diner, what defenses, if any, might
Diner assert, and what is the likelihood Pam will be successful
in obtaining damages for:
1) The loss of her purse, her cellular phone, and her emotional
distress as a result of the robbery?
2) Her broken arm?
3) Exacerbation of her injuries due to Wayne’s refusal to allow
her to use Diner’s phone to call “911”?
5-4. Neighborhood Idiots
Abe wanted to cut down a tree that was growing on public
property bordering his house because he did not want to rake its
leaves. When Abe attempted to do so, Bill, who lived across the
street, demanded that he stop. Abe refused and, holding his saw
in front of him, took two steps toward Bill. Avoiding Abe, Bill
climbed high into the tree, insisting he would not come down
because he wanted to save the tree. Abe nevertheless sawed
through the trunk of the tree, which fell into the street with Bill
in it, causing Bill serious injuries.
Cindy, a passerby, rushed to help Bill. As she was assisting
him, she was struck by a car and sustained serious injuries.
Debbie, a neighbor, watched the entire incident from her front
porch and suffered severe emotional distress as a result.
1. Is Bill likely to prevail on any intentional tort claim against
Abe?
2. Is Cindy likely to prevail on a negligence claim against Abe?
3. Is Debbie likely to prevail on a negligent infliction of
emotional distress claim against Abe?
REQUEST FOR PROPOSAL
#6518
SOLID WASTE DISPOSAL
AND
RECYCLING SERVICES
Prepared By:
Washtenaw County Purchasing
Administration Building
220 N. Main St., B-35
Ann Arbor, MI 48107
Crystal Wake, C.P.M., CPPB
Senior Buyer
(734) 222-6761
BIDDERS COMPANY NAME
__________________________
WASHTENAW COUNTY
Finance Department
Purchasing Division
P.O. Box 8645, 220 N. Main, Ann Arbor, MI 48107-8645
Phone (734) 222-6760, Fax (734) 222-6764
REQUEST FOR PROPOSAL #6518
February 1, 2010
Washtenaw County Purchasing Division on behalf of
Washtenaw County Facilities is issuing
a Request for Proposal (RFP) #6518 for Solid Waste Collection,
Disposal, and Recycling
Services for a three-year period for various Washtenaw County
buildings.
Sealed Proposals: Vendor will deliver one (1) original and (2)
two copies which is clearly
marked as such and must contain original signature(s) to the
following address:
Washtenaw County
Administration Building
Purchasing Division
220 N. Main St. Room B-35
Ann Arbor, MI. 48107
By: 4:00 PM on TUESDAY, FEBRUARY 16, 2010
Proposals received after the above cited time will be considered
a late quote and are
not acceptable unless waived by the Purchasing Manager.
• Please clearly mark your envelope with the following:
"SEALED RFP # 6518".
• Please direct purchasing and procedural questions regarding
this RFP to Crystal A.
Wake at (734) 222-6760.
• Please direct specific technical questions regarding this RFP
to Cynthia Every at (734)
222- 6865.
Thank you for your interest.
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
1
I. PROPOSAL
Definitions: “County” is Washtenaw County in Michigan.
“Bidder” an individual or business submitting a bid to
Washtenaw County.
“Contractor” one who contracts to perform work or furnish
materials in
accordance with a contract.
Purpose of Proposal:
The Washtenaw County Facilities Management is requesting
proposals from qualified vendors to
provide Solid Waste collection, Disposal and Recycling
Services to various County Buildings.
Vendors have the option to bid on Section 1 or Section 2 or both
Sections for the following services:
Section 1: Solid waste collection and disposal service
Section 2: Recycling collection and processing at the
Contractor’s facility
II. PROPOSAL TERMS
A. Washtenaw County reserves the right to reject any and all
proposals received as a result of
this RFP. If a proposal is selected, it will be the most
advantageous regarding price, quality
of service, the Contractor’s qualifications and capabilities to
provide the specified service,
and other factors that Washtenaw County may consider. The
County does not intend to
award a Bid fully on the basis of any response made to the
proposal; the County reserves
the right to consider proposals for modifications at any time
before a Bid would be awarded,
and negotiations would be undertaken with that provider whose
proposal is deemed to best
meet the County’s specifications and needs.
B. The County reserves the right to reject any or all bids, to
waive or not waive informalities or
irregularities in bids or bidding procedures, and to accept or
further negotiate cost, terms, or
conditions of any bid determined by the County to be in the best
interests of the County even
though not the lowest bid.
C. The price quotations stated in the bidder’s proposal will not
be subject to any price increase
from the date on which the proposal is opened at the County
Purchasing Office to the
mutually agreed-to date of Award.
D. Proposals must be signed by an official authorized to bind
the provider to its provisions for at
least a period of 90 days. Failure of the successful bidder to
accept the obligation of the Bid
may result in the cancellation of any award.
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
2
E. In the event it becomes necessary to revise any part of the
RFP, the entire proposal
document with any amendments should be returned with
addenda provided. Deadlines for
submission of the RFP’s may be adjusted to allow for revisions.
To be considered, original
proposal and two copies must be at the County Purchasing
Division on or before the date
and time specified.
F. Proposals should be prepared simply and economically
providing a straight-forward, concise
description of the Contractor’s ability to meet the requirements
of the RFP. Proposals shall
be written in ink or typewritten. No erasures are permitted.
Mistakes may be crossed out and
corrected and must be initialed in ink by the person signing the
proposal.
G. In the event, the County receives two or more bids from
responsive, responsible bidders, one
or more of whom are Washtenaw County vendors and the bids
are substantially equal in
price, quality and service, the County shall award the contract
to the most responsive,
responsible Washtenaw County vendor. For purposes of this
section, Washtenaw County
vendor means a company which has maintained its principle
office in Washtenaw County for
at least six (6) months. Maintaining a Washtenaw County P.O
Box is not, in and of itself,
sufficient to discretion under this section to determine if a
company qualifies as a Washtenaw
County vendor and if two or more bids are substantially equal.
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
3
III. CONTRACTOR INFORMATION
The proposal shall include all of the following information
(failure to include all the information could
result in disqualification):
1. Qualifications: Please list your company’s years in business,
staff profile and experience that
qualify your company to provide the services required by
Washtenaw County.
(Attach as Addendum A)
2. References: List three (3) references from current customers
receiving the same or similar
service(s). Include name, contact name and phone number.
(Attach as Addendum B)
3. Concurrence: with Section V: Terms and Conditions. Please
indicate in writing that your
company will meet these provisions.
(Attach as Addendum C)
4. Concurrence: with Section IV. Contract Provisions. Please
indicate in writing that your
company will meet these provisions.
(Attach as Addendum D)
5. Statement: of any recycling programs your company currently
offers.
(Attach as Addendum E)
6. Description: of how your company will collect recyclable
material. For instance, do you collect
recyclables and solid waste in separate containers, or are
recyclables commingled with solid
waste? Does your company use separate trucks to collect
recyclables vs. solid waste?
Please provide all relevant collection details.
(Attach as Addendum F)
7. Reporting: Washtenaw County requires that tonnage and/or
volumes be reported quarterly
for recycling and solid waste collected. Please explain how
your company will track, record,
and submit these data.
(Attach as Addendum G)
8. Bidding: All Contractors bidding on recycling are required
to bid on “Option A” (see pg. 13 &
14). Contractor may also submit pricing for processing at their
own facility, “Option B” (no bid
sheet provided). If your company opts to bid on Option B,
please provide the name, address,
and description of the facility where recyclables will be
processed.
(Attach as Addendum H)
9. Miscellaneous: Describe any additional tools your company
can provide Washtenaw County
to assist in improving the County’s In-House Recycling
Program: e.g., educational materials,
collection containers, employee incentives, etc.
(Attach as Addendum I)
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
4
IV. CONTRACT PROVISIONS
If a contract is awarded, the selected Contractor will be required
to adhere to a set of general
contract provisions that will become a part of any formal
agreement. These provisions are general
principles that apply to all Contractors providing service(s) to
Washtenaw County, as follows:
ARTICLE III - REPORTING OF CONTRACTOR
Section 1 - The Contractor is to report to Facilities
Management and will cooperate and
confer with him/her as necessary to insure satisfactory work
progress.
Section 2 - All reports, estimates, memoranda and documents
submitted by the Contractor
must be dated and bear the Contractor's name.
Section 3 - All reports made in connection with these services
are subject to review and final
approval by the County Administrator.
Section 4 - The County may review and inspect the Contractor's
activities during the term of
this contract.
Section 5 - When applicable, the Contractor will submit a final,
written report to the County
Administrator.
Section 6 - After reasonable notice to the Contractor, the
County may review any of the
Contractor’s internal records, reports, or insurance policies.
ARTICLE IV - TERM
This contract begins on (MONTH, DAY, YEAR) and ends on
(MONTH, DAY, YEAR).
ARTICLE V - PERSONNEL
Section 1 - The contractor will provide the required services
and will not subcontract or
assign the services without the County’s written approval.
Section 2 - The Contractor will not hire any County employee
for any of the required services
without the County’s written approval.
Section 3 - The parties agree that the Contractor is neither an
employee nor an agent of the
County for any purpose.
Section 4 - The parties agree that all work done under this
contract shall be completed in the
United States and that none of the work will be partially or fully
completed by either an offshore
subcontractor or offshore business interest either owned or
affiliated with the contractor. For
purposes of this contract, the term, “offshore” refers to any area
outside the contiguous United
States, Alaska or Hawaii.
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
5
ARTICLE VI - INDEMNIFICATION AGREEMENT
The contractor will protect, defend and indemnify Washtenaw
County, its officers, agents,
servants, volunteers and employees from any and all liabilities,
claims, liens, fines, demands and
costs, including legal fees, of whatsoever kind and nature which
may result in injury or death to any
persons, including the Contractor’s own employees, and for loss
or damage to any property,
including property owned or in the care, custody or control of
Washtenaw County in connection with
or in any way incident to or arising out of the occupancy, use,
service, operations, performance or
non-performance of work in connection with this contract
resulting in whole or in part from negligent
acts or omissions of contractor, any sub-contractor, or any
employee, agent or representative of the
contractor or any sub-contractor.
ARTICLE VII - INSURANCE REQUIREMENTS
The Contractor will maintain at its own expense during the
term of this Contract, the following
insurance:
1. Workers' Compensation Insurance with Michigan statutory
limits and Employers
Liability Insurance with a minimum limit of $100,000 each
accident for any employee.
2. Comprehensive/Commercial General Liability Insurance
with a combined single limit
of $1,000,000 each occurrence for bodily injury and property
damage. The County
shall be added as "additional insured" on general liability policy
with respect to the
services provided under this contract.
3. Automobile Liability Insurance covering all owned, hired
and non-owned vehicles with
Personal Protection Insurance and Property Protection Insurance
to comply with the
provisions of the Michigan No Fault Insurance Law, including
residual liability
insurance with a minimum combined single limit of $1,000,000
each accident for
bodily injury and property damage.
Insurance companies, named insureds and policy forms shall be
subject to the approval of
the Washtenaw County Administrator. Such approval shall not
be unreasonably withheld.
Insurance policies shall not contain endorsements or policy
conditions which reduce coverage
provided to Washtenaw County. Contractor shall be responsible
to Washtenaw County or insurance
companies insuring Washtenaw County for all costs resulting
from both financially unsound
insurance companies selected by Contractor and their
inadequate insurance coverage. Contractor
shall furnish the Washtenaw County Administrator with
satisfactory certificates of insurance or a
certified copy of the policy, if requested by the County
Administrator.
No payments will be made to the Contractor until the current
certificates of insurance have
been received and approved by the Administrator. If the
insurance, as evidenced by the certificates
furnished by the Contractor, expires or is canceled during the
term of the contract, services and
related payments will be suspended. Contractor shall furnish
the County Administrator's Office with
certification of insurance evidencing such coverage and
endorsements at least ten (10) working
days prior to commencement of services under this contract.
Certificates shall be addressed to the
County Administrator, P. O. Box 8645, Ann Arbor, MI, 48107,
and shall provide for 30 day written
notice to the Certificate holder of cancellation of coverage.
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
6
ARTICLE VIII - COMPLIANCE WITH LAWS AND
REGULATIONS
The Contractor will comply with all federal, state and local
regulations, including but not
limited to all applicable OSHA/MIOSHA requirements and the
Americans with Disabilities Act.
ARTICLE IX - INTEREST OF CONTRACTOR AND COUNTY
The Contractor promises that it has no interest which would
conflict with the performance of
services required by this contract. The Contractor also
promises that, in the performance of this
contract, no officer, agent, employee of the County of
Washtenaw, or member of its governing
bodies, may participate in any decision relating to this contract
which affects his/her personal
interest or the interest of any corporation, partnership or
association in which he/she is directly or
indirectly interested or has any personal or pecuniary interest.
However, this paragraph does not
apply if there has been compliance with the provisions of
Section 3 of Act No. 317 of the Public Acts
of 1968 and/or Section 30 of Act No. 156 of Public Acts of
1851, as amended by Act No. 51 of the
Public Acts of 1978, whichever is applicable.
ARTICLE X - CONTINGENT FEES
The Contractor promises that it has not employed or retained
any company or person, other
than bona fide employees working solely for the Contractor, to
solicit or secure this contract, and
that it has not paid or agreed to pay any company or person,
other than bona fide employees
working solely for the Contractor, any fee, commission,
percentage, brokerage fee, gifts or any other
consideration contingent upon or resulting from the award or
making of this contract. For breach of
this promise, the County may cancel this contract without
liability or, at its discretion, deduct the full
amount of the fee, commission, percentage, brokerage fee, gift
or contingent fee from the
compensation due the Contractor.
ARTICLE XI - EQUAL EMPLOYMENT OPPORTUNITY
The Contractor will not discriminate against any employee or
applicant for employment
because of race, creed, color, sex, sexual orientation, national
origin, physical handicap, age, height,
weight, marital status, veteran status, religion and political
belief (except as it relates to a bona fide
occupational qualification reasonably necessary to the normal
operation of the business).
The Contractor will take affirmative action to eliminate
discrimination based on sex, race, or a
handicap in the hiring of applicant and the treatment of
employees. Affirmative action will include,
but not be limited to: Employment; upgrading, demotion or
transfer; recruitment advertisement; layoff
or termination; rates of pay or other forms of compensation;
selection for training, including
apprenticeship.
The Contractor agrees to post notices containing this policy
against discrimination in
conspicuous places available to applicants for employment and
employees. All solicitations or
advertisements for employees, placed by or on the behalf of the
Contractor, will state that all
qualified applicants will receive consideration for employment
without regard to race, creed, color,
sex, sexual orientation, national origin, physical handicap, age,
height, weight, marital status,
veteran status, religion and political belief.
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
7
ARTICLE XII - LIVING WAGE
The parties understand that the County has enacted a Living
Wage Ordinance that requires
covered vendors who execute a service or professional service
contract with the County to pay their
employees under that contract, a minimum of either $10.88 per
hour with benefits or $12.75 per hour
without benefits. Contractor agrees to comply with this
Ordinance in paying its employees.
Contractor understands and agrees that an adjustment of the
living wage amounts, based upon the
Health and Human Services poverty guidelines, will be made on
or before May 1, 2010 and annually
thereafter which amount shall be automatically incorporated
into this contract. County agrees to
give Contractor thirty (30) days written notice of such change.
Contractor agrees to post a notice
containing the County’s Living Wage requirements at a location
at its place of business accessed by
its employees
ARTICLE XIII - EQUAL ACCESS
The Contractor shall provide the services set forth in Article I
without discrimination on the
basis of race, color, religion, national origin, sex, sexual
orientation, marital status, physical
handicap, or age.
ARTICLE XIV - OWNERSHIP OF DOCUMENTS AND
PUBLICATION
All documents developed as a result of this contract will be
freely available to the public.
None may be copyrighted by the Contractor. During the
performance of the services, the Contractor
will be responsible for any loss of or damage to the documents
while they are in its possession and
must restore the loss or damage at its expense. Any use of the
information and results of this
contract by the Contractor must reference the project
sponsorship by the County. Any publication of
the information or results must be co-authored by the County.
ARTICLE XV - ASSIGNS AND SUCCESSORS
This contract is binding on the County and the Contractor, their
successors and assigns.
Neither the County nor the Contractor will assign or transfer its
interest in this contract without the
written consent of the other.
ARTICLE XVI - TERMINATION OF CONTRACT
Section 1 - Termination without cause. Either party may
terminate the contract by giving
thirty (30) days written notice to the other party.
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
8
ARTICLE XVII - PAYROLL TAXES
The Contractor is responsible for all applicable state and
federal social security benefits and
unemployment taxes and agrees to indemnify and protect the
County against such liability.
ARTICLE XVIII - PRACTICE AND ETHICS
The parties will conform to the code of ethics of their
respective national professional
associations.
ARTICLE XIX- CHANGES IN SCOPE OR SCHEDULE OF
SERVICES
Changes mutually agreed upon by the County and the
Contractor, will be incorporated into
this contract by written amendments signed by both parties.
ARTICLE XX - CHOICE OF LAW AND FORUM
This contract is to be interpreted by the laws of Michigan. The
parties agree that the proper
forum for litigation arising out of this contract is in Washtenaw
County, Michigan.
ARTICLE XXI - EXTENT OF CONTRACT
This contract represents the entire agreement between the
parties and supersedes all prior
representations, negotiations or agreements whether written or
oral.
V. TERMS AND CONDITIONS
Award:
Washtenaw County reserves the right to reject any and all
proposals received as a result of this
RFP. If a proposal is selected it will be the most advantageous
regarding price (see "Low Bidder,"
below), quality of service, the Contractors' qualifications and
capabilities to provide the specified
service, and other factors that the County may consider. The
County does not intend to award a Bid
fully on the basis of any response made to the proposal; the
County reserves the right to consider
proposals for modifications at any time before a Bid would be
awarded, and negotiations would be
undertaken with that Contractor whose proposal is deemed to
best meet the County's specifications
and needs.
Low Bidder:
Low Bidder will be determined according to several factors
including price, collection methodology,
and responsiveness to the bid.
Term of Bid:
This is a three (3) year bid from date of contract and the prices
reflected in the bid are for the three
year period.
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
9
VI. SCOPE OF SERVICES
A. SOLID WASTE COLLECTION AND REMOVAL (“Section
1”)
1. The Contractor will be responsible for the collection,
transportation, and disposal of solid
waste generated at designated facilities in accordance with all
local, state, and federal laws.
2. The Contractor will provide containers for the collection of
solid waste materials
generated at each designated facility.
3. The Contractor will collect solid waste on a regularly
scheduled basis, determined by the
Contractor and agreed upon by the County.
4. The Contractor will maintain a clean area around dumpsters.
The Contractor must pick up
and remove any debris created as a result of the collection
activity.
5. The Contractor will be able to respond to irregularities in
waste generation. The Contractor
shall respond within 24 hours to any unforeseen/special pick-
ups requested by the County.
The container sizes and collection frequencies currently in use
for each County building are listed
below:
Building Name Address City ZIP No. of containers
Size (cubic
yards)
Pickups/
week
Administration 220 N. Main Ann Arbor 48104 1 6 5
Service Center 4133 Washtenaw Ann Arbor 48108 2 6 1
1 8 1
Youth Center 4125 Washtenaw Ann Arbor 48108 1 6 2
Juvenile Court 2270 Platt Rd. Ann Arbor 48104 1 8 1
Facilities Mgt. Center 2155 Hogback Rd. Ann Arbor 48105 1 6
1
Corrections Facility 2201 Hogback Rd. Ann Arbor 48105 5 6 3
Department of Social
Services 2140 E. Ellsworth Ypsilanti 48197 1 6 1
Department of Social
Services 22 Center Street Ypsilanti 48198 2 6 3
Chelsea Court 122 S. Main St. Chelsea 48118 1 2 Biweekly
Eastern Co.
Government Center 415 W. Michigan Ypsilanti 48197 1 4 1
Western County
Service Center 705 N. Zeeb Rd.
Ann
Arbor 48103 1 6 2
Head Start Facility 1661 LeForge Rd. Ypsilanti 48198 1 6 2
Delonis Center 312 W. Huron Ann Arbor 48103 1 8 3
Facilities Mgt. Center 2155 Hogback Rd. Ann Arbor 48105 1 30
As needed
CSTS 750 Towner Ypsilanti 48198 1 6 1
Saline Court 1000 N. Maple Saline 48178 1 6 1
Varies 1 30 As needed
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
10
B. RECYCLING COLLECTION AND PROCESSING (“Section
2”)
Washtenaw County has a strong commitment to waste reduction
and recycling. Recycling is official
County policy and employees have been participating in a
program for over ten years.
Since 1997, the County's In-House Recycling Program has
consisted of a two-stream sorting
process, as follows:
Mixed Paper Mixed Containers Cardboard/Styrofoam
White Ledger #1 PET Plastic Bottles Boxes
Colored Ledger #2 HDPE Plastic Bottles Frames (Certificate)
Computer Print Out Milk Cartons Press Board
Copier & Laser Print Paper Drink Boxes (aseptic) Cups
Newspapers Steel Cans Containers
Magazines Aluminum Cans Peanuts/Popcorn
Boxboard Packing Materials
Blueprints
Envelopes
Materials are collected in County offices in corrugated boxes
lined with colored or translucent plastic
bags. Materials are then transported outside into 90-gallon
collection carts. Paper is generally
emptied into the carts loose, while rigid containers are kept in
the plastic bags. Historically, mixed
paper has represented over ¾ of materials collected. Typically,
over 180 tons of office paper is
collected from Washtenaw County facilities every year.
Cardboard has been collected and delivered
to the Comprehensive Drop-off Station at 2950 Ellsworth Rd.
approximately 4,042 un-compacted
cubic yards of cardboard were collected during 2009.
In addition to those items listed above, corrugated cardboard
and Styrofoam should also be
collected for recycling. County staff will flatten
cardboard/Styrofoam and place in a dumpster
provided by the Contractor. Please list items that are not
acceptable for recycling.
Washtenaw County’s In-House Recycling Program will:
Be easy to understand Foster high participation
Be easy to implement Achieve a high recovery rate
Be convenient for employees Produce high quality recyclables
Capture a variety of materials Track program performance (in
terms of yards or tons diverted)
The successful Contractor will:
1. Provide external collection containers as needed for
recyclables at each location (e.g. carts
or Dumpsters; may differ by location according to space
availability and contractor’s
collection method)
2. Collect recyclables on a regularly scheduled basis,
determined by the Contractor and agreed
upon by the County.
3. Work with the County’s In-House Recycling Program
Coordinator to ensure that materials
are sorted properly and according to specification.
4. Provide quarterly reports to the County’s In-House Recycling
Program Coordinator on the
volume or tonnage of materials collected.
5. Provide quarterly reports to Washtenaw County on the
composition of materials collected,
based on an internal audit of Washtenaw County materials.
6. Provide recycling of Styrofoam products.
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
11
BID PRICE SHEETS
A. SOLID WASTE COLLECTION AND DISPOSAL (“Section
1”)
Name Address No. of containers
Size
(cubic
yards)
Pickups
per week
Monthly
price Annual total
Administration 220 N. Main 1 6 5 $ $
Service Center 4133 Washtenaw 2 6 1 $ $
1 8 1 $ $
Youth Center 4125 Washtenaw 1 6 2 $ $
Juvenile Court 2270 Platt Rd. 1 8 1 $ $
Facilities Mgt. Center 2155 Hogback Rd. 1 6 1 $ $
Corrections Facility 2201 Hogback Rd. 5 6 3 $ $
CSTS 2140 E. Ellsworth 1 6 2 $ $
Department of Human
Services 22 Center Street 2 6 3 $ $
Chelsea Court 122 S. Main St. 1 2 Biweekly $ $
Eastern Co. Government
Center 415 W. Michigan 1 4 1 $ $
Western County Service
Center 705 N. Zeeb Rd. 1 6 2 $ $
Head Start Facility 1661 LeForge Rd. 1 6 2 $ $
Delonis Center 312 W. Huron 1 8 3 $ $
CSTS 750 Towner 1 6 1 $ $
Saline Court 1000 N. Maple 1 6 1 $ $
TOTAL $ $
Facilities Management
Center 2155 Hogback Rd. 1 30
As
needed $ Per Load
To be determined Varies 1 30 As needed $ Per Load
(C&D materials)
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
13
B. RECYCLING COLLECTION AND PROCESSING (“Section
2, Option A”)
Location Address Containers
(number & size)
Freq. of
pickup
Price per
Pick-up
Service
events per
year
Monthly
cost
Annual
cost
Saline Court 1000 N. Maple, Saline 1-MP, 1-MC Weekly $ 52 $
$
1- 6yd Dumpster Weekly $ 52 $ $
Children Services 4125 Washtenaw, Ann Arbor 2-MP, 1-MC
Weekly $ 52 $ $
Service Center 4133 Washtenaw, Ann Arbor 3-MP, 1-MC
Weekly $ 52 $ $
1- 6yd Dumpster Biweekly $ 26 $ $
Juvenile Court 2270 Platt Road, Ann Arbor 2-MP, 1-MC
Weekly $ 52 $ $
Facilities Mgt. Center 2155 Hogback Rd., Ann Arbor 1-MP, 1-
MC Weekly $ 52 $ $
1- 6yd Dumpster Weekly $ 52 $ $
Correctional Facility 2201 Hogback Rd., Ann Arbor 1-30yd
roll-off Biweekly $ 26 $ $
Sheriff's offices 2201 Hogback Rd., Ann Arbor 2-MP, 1-MC
Weekly $ 52 $ $
CSTS 2140 E. Ellsworth, Ann Arbor 5-MP, 2-MC Weekly $ 52
$ $
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
14
Continue (Section 2, Option A)
Location Address Containers
(number & size)
Freq. of
pickup
Price per
Pick-up
Service
events per
year
Monthly
cost
Annual
cost
Public Health 555 Towner, Ypsilanti 5-MP, 1-MC Weekly $ 52
$ $
1- 6yd Dumpster Weekly $ 52 $ $
WCSC 705 N. Zeeb Road, Ann Arbor 3-MP, 1-MC Weekly $ 52
$ $
1- 6yd Dumpster Bi-Weekly $ 26 $ $
CSTS 750 Towner, Ypsilanti 1-MP, 1-MC Weekly $ 52 $ $
1- 6yd Dumpster Biweekly $ 26 $ $
ECGC 415 W. Michigan, Ypsilanti 1-MP, 1-MC Weekly $ 52 $
$
Head Start Facility 1661 LeForge Rd., Ypsilanti 1-MP, 1-MC
Weekly $ 52 $ $
1- 6yd Dumpster Monthly $ 12 $ $
Huron Valley Child
Guidance Center
2940 E. Ellsworth Rd., Ypsilanti 1-MP, 1-MC Weekly $ 52 $ $
TOTAL PER YEAR $ $ $
To be Determined Varies 1-30 yd roll-off As Needed $ Per Load
NA NA
x-6yd Dumpster = cardboard dumpster
x-MP = x-90 gallon Mixed Paper bin
x-MC = x-90 gallon Mixed Containers bin
PLEASE NOTE: Washtenaw County does not guarantee that all
buildings will receive recycling services. The County may
choose to
initiate recycling services only at certain buildings, and
reserves the right to add services to other buildings at any time
during the
course of the contract per the prices provided in this bid sheet.
RFP #6518 Solid Waste Collection, Disposal, and Recycling
Services
15
SIGNATURE PAGE
_______________________________
_________________________
Signature Company Name
_______________________________ __________
______________
Print Name Company Address
_______________________________
_________________________
Title City St. Zip
______________________________
_________________________
Telephone # Fax #
______________________________ __ ____
Federal Tax ID # Email Address
The above individual is authorized to sign on behalf of company
submitting
proposal.
Proposals must be signed by an official authorized to bind the
provider to its
provisions for at least a period of 90 days.
By checking this box we hereby certify that we are a
Washtenaw County
company as defined in Section I., G. above. If proven otherwise
you may
be subject to Disbarment and/or Suspension of doing business
with
Washtenaw County.

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BLAW 320 TORTS5-1. Bike Riding Sweet SixteenDina, age sixteen,.docx

  • 1. BLAW 320 TORTS 5-1. Bike Riding Sweet Sixteen Dina, age sixteen, lives at home with her mother, Mary. Mary is aware that Dina has recently exhibited a sometimes violent and delusionary nature diagnosed as schizophrenia and has attacked persons in the neighborhood. Medication that can control Dina's behavior has been prescribed, but without Mary's knowledge, Dina has stopped taking it. After Dina stopped taking the medication, she approached a neighbor, Paul, as he walked along the sidewalk fronting Mary's home. Without provocation, Dina gestured threateningly at Paul and screamed, "I know you're out to get me and I'm going to get you first," and then left. Paul, who had no knowledge of Dina's mental illness, phoned Mary about the incident. Mary told Paul that "Dina has sometimes made threats to others, but I do not think she will try to hurt you and I assure you that this will not happen again." Paul believed Mary's assurances and, for that reason, did not seek to avoid Dina. Mary questioned Dina about the incident, scolded her, and asked if Dina was taking her medication. When Dina said she was taking it. Mary did not pursue the matter. Two days after Dina confronted Paul, Dina saw him raking leaves which had fallen into the street fronting their adjoining homes. Dina got on her bicycle and rode it as rapidly as she could directly at Paul. Although Dina swerved away from Paul at the last moment, Paul reacted by diving to one side. He struck his head on the curb and suffered a severe concussion and facial injuries. Paul has sued Dina and Mary, alleging tortious causes of action. 1. Is Paul entitled to recover against Dina for: a. Assault? b. Battery?
  • 2. 2. Is Paul entitled to recover against Mary: a. On the ground that Mary was negligent as to Paul? b. On the ground that Mary is vicariously liable for Dina's conduct? 5-2. Shopping Dispute Superstore is a 24-hour grocery store. For safety reasons, Superstore has installed bright lights in its parking lot that turn on in response to loud noises. The lights turn on several times a week, especially during the night, and have caused neighboring homeowners to complain of loss of sleep and various adverse health consequences. One night, Ned and Carl exited Superstore, each carrying a heavy bag. Ned is the publisher of a local newspaper and Carl is a business consultant. As they exited, they accidentally bumped into each other, each causing the other to drop his bag and spill its contents. A loud argument ensued. Ned took several steps toward Carl; Carl threw an orange at Ned and grazed his pant leg without injuring him; and Ned punched Carl in the stomach. The loudness of the argument caused the lights in the parking lot to turn on. Soon, a Superstore security guard arrived and restored order. The next day, Ned published an account of the incident, calling Carl a “coward and a liar.” Carl experienced a substantial decrease in business consulting thereafter. 1. What tort claim or claims can Ned reasonably bring against Carl, and what defense or defenses can Carl reasonably raise? 2. What tort claim or claims can Carl reasonably bring against Ned, and what defense or defenses can Ned reasonably raise? 3. What tort claim or claims can the neighboring homeowners reasonably bring against Superstore?
  • 3. 5-3. Diner Incident Pam drove to Diner, a local restaurant, at about 5:00 p.m. When she got out of her car in Diner’s parking lot, she was robbed at gunpoint by an unknown assailant, who took her purse and her cellular phone. Pam later discovered that she was not the first victim of a crime in the Diner parking lot. In the past year, two other customers had been the victims of auto burglaries, which occurred while they were dining inside the restaurant. Diner put two video cameras in the parking lot, but did not hire security guards to patrol the parking lot. As the robber began to flee, Pam wanted to get help and decided to run into Diner to use one of its telephones. She hoped that by calling “911” quickly, the robber could be apprehended and her property returned. As Pam ran across the parking lot she tripped in a large pothole and fell and broke her arm. Diner had not repaired the pothole, although customers had been complaining about it for weeks. All of the complaints were from customers who had not spotted the pothole while driving, hit it, and worried that their tires would be knocked out of alignment. The pothole was readily visible to pedestrians. Had Pam not been so panicked by the robbery, she likely would have noticed the problem and avoided it. When Pam entered the restaurant, she asked a waiter, Wayne, to let her use Diner’s phone to call “911.” Wayne refused to let her use the telephone. He said Diner’s policy limited use of the telephones to employees making business-related calls and
  • 4. strictly prohibited calls by customers. In fact, Pam later found out that Wayne had misstated the policy, which included an exception for emergencies. When Wayne refused, another customer promptly called “911” for Pam, using his own cellular phone. The paramedics and police arrived shortly thereafter, enabling Pam to get immediate treatment. However, the robber was never apprehended and Pam never recovered her purse or her cellular phone. Pam is suing Diner. Under what theory or theories might Pam bring an action against Diner, what defenses, if any, might Diner assert, and what is the likelihood Pam will be successful in obtaining damages for: 1) The loss of her purse, her cellular phone, and her emotional distress as a result of the robbery? 2) Her broken arm? 3) Exacerbation of her injuries due to Wayne’s refusal to allow her to use Diner’s phone to call “911”? 5-4. Neighborhood Idiots Abe wanted to cut down a tree that was growing on public property bordering his house because he did not want to rake its leaves. When Abe attempted to do so, Bill, who lived across the street, demanded that he stop. Abe refused and, holding his saw in front of him, took two steps toward Bill. Avoiding Abe, Bill climbed high into the tree, insisting he would not come down because he wanted to save the tree. Abe nevertheless sawed through the trunk of the tree, which fell into the street with Bill in it, causing Bill serious injuries. Cindy, a passerby, rushed to help Bill. As she was assisting him, she was struck by a car and sustained serious injuries.
  • 5. Debbie, a neighbor, watched the entire incident from her front porch and suffered severe emotional distress as a result. 1. Is Bill likely to prevail on any intentional tort claim against Abe? 2. Is Cindy likely to prevail on a negligence claim against Abe? 3. Is Debbie likely to prevail on a negligent infliction of emotional distress claim against Abe? REQUEST FOR PROPOSAL #6518 SOLID WASTE DISPOSAL AND RECYCLING SERVICES Prepared By: Washtenaw County Purchasing Administration Building
  • 6. 220 N. Main St., B-35 Ann Arbor, MI 48107 Crystal Wake, C.P.M., CPPB Senior Buyer (734) 222-6761 BIDDERS COMPANY NAME __________________________ WASHTENAW COUNTY Finance Department Purchasing Division P.O. Box 8645, 220 N. Main, Ann Arbor, MI 48107-8645 Phone (734) 222-6760, Fax (734) 222-6764 REQUEST FOR PROPOSAL #6518 February 1, 2010 Washtenaw County Purchasing Division on behalf of Washtenaw County Facilities is issuing a Request for Proposal (RFP) #6518 for Solid Waste Collection,
  • 7. Disposal, and Recycling Services for a three-year period for various Washtenaw County buildings. Sealed Proposals: Vendor will deliver one (1) original and (2) two copies which is clearly marked as such and must contain original signature(s) to the following address: Washtenaw County Administration Building Purchasing Division 220 N. Main St. Room B-35 Ann Arbor, MI. 48107 By: 4:00 PM on TUESDAY, FEBRUARY 16, 2010 Proposals received after the above cited time will be considered a late quote and are not acceptable unless waived by the Purchasing Manager. • Please clearly mark your envelope with the following: "SEALED RFP # 6518". • Please direct purchasing and procedural questions regarding this RFP to Crystal A. Wake at (734) 222-6760. • Please direct specific technical questions regarding this RFP to Cynthia Every at (734)
  • 8. 222- 6865. Thank you for your interest. RFP #6518 Solid Waste Collection, Disposal, and Recycling Services 1 I. PROPOSAL Definitions: “County” is Washtenaw County in Michigan. “Bidder” an individual or business submitting a bid to Washtenaw County. “Contractor” one who contracts to perform work or furnish materials in accordance with a contract. Purpose of Proposal: The Washtenaw County Facilities Management is requesting proposals from qualified vendors to provide Solid Waste collection, Disposal and Recycling Services to various County Buildings.
  • 9. Vendors have the option to bid on Section 1 or Section 2 or both Sections for the following services: Section 1: Solid waste collection and disposal service Section 2: Recycling collection and processing at the Contractor’s facility II. PROPOSAL TERMS A. Washtenaw County reserves the right to reject any and all proposals received as a result of this RFP. If a proposal is selected, it will be the most advantageous regarding price, quality of service, the Contractor’s qualifications and capabilities to provide the specified service, and other factors that Washtenaw County may consider. The County does not intend to award a Bid fully on the basis of any response made to the proposal; the County reserves the right to consider proposals for modifications at any time before a Bid would be awarded, and negotiations would be undertaken with that provider whose proposal is deemed to best meet the County’s specifications and needs. B. The County reserves the right to reject any or all bids, to waive or not waive informalities or irregularities in bids or bidding procedures, and to accept or further negotiate cost, terms, or conditions of any bid determined by the County to be in the best interests of the County even though not the lowest bid.
  • 10. C. The price quotations stated in the bidder’s proposal will not be subject to any price increase from the date on which the proposal is opened at the County Purchasing Office to the mutually agreed-to date of Award. D. Proposals must be signed by an official authorized to bind the provider to its provisions for at least a period of 90 days. Failure of the successful bidder to accept the obligation of the Bid may result in the cancellation of any award. RFP #6518 Solid Waste Collection, Disposal, and Recycling Services 2 E. In the event it becomes necessary to revise any part of the RFP, the entire proposal document with any amendments should be returned with addenda provided. Deadlines for submission of the RFP’s may be adjusted to allow for revisions. To be considered, original proposal and two copies must be at the County Purchasing Division on or before the date and time specified.
  • 11. F. Proposals should be prepared simply and economically providing a straight-forward, concise description of the Contractor’s ability to meet the requirements of the RFP. Proposals shall be written in ink or typewritten. No erasures are permitted. Mistakes may be crossed out and corrected and must be initialed in ink by the person signing the proposal. G. In the event, the County receives two or more bids from responsive, responsible bidders, one or more of whom are Washtenaw County vendors and the bids are substantially equal in price, quality and service, the County shall award the contract to the most responsive, responsible Washtenaw County vendor. For purposes of this section, Washtenaw County vendor means a company which has maintained its principle office in Washtenaw County for at least six (6) months. Maintaining a Washtenaw County P.O Box is not, in and of itself, sufficient to discretion under this section to determine if a company qualifies as a Washtenaw County vendor and if two or more bids are substantially equal. RFP #6518 Solid Waste Collection, Disposal, and Recycling Services 3
  • 12. III. CONTRACTOR INFORMATION The proposal shall include all of the following information (failure to include all the information could result in disqualification): 1. Qualifications: Please list your company’s years in business, staff profile and experience that qualify your company to provide the services required by Washtenaw County. (Attach as Addendum A) 2. References: List three (3) references from current customers receiving the same or similar service(s). Include name, contact name and phone number. (Attach as Addendum B) 3. Concurrence: with Section V: Terms and Conditions. Please indicate in writing that your company will meet these provisions. (Attach as Addendum C) 4. Concurrence: with Section IV. Contract Provisions. Please indicate in writing that your company will meet these provisions. (Attach as Addendum D) 5. Statement: of any recycling programs your company currently
  • 13. offers. (Attach as Addendum E) 6. Description: of how your company will collect recyclable material. For instance, do you collect recyclables and solid waste in separate containers, or are recyclables commingled with solid waste? Does your company use separate trucks to collect recyclables vs. solid waste? Please provide all relevant collection details. (Attach as Addendum F) 7. Reporting: Washtenaw County requires that tonnage and/or volumes be reported quarterly for recycling and solid waste collected. Please explain how your company will track, record, and submit these data. (Attach as Addendum G) 8. Bidding: All Contractors bidding on recycling are required to bid on “Option A” (see pg. 13 & 14). Contractor may also submit pricing for processing at their own facility, “Option B” (no bid sheet provided). If your company opts to bid on Option B, please provide the name, address, and description of the facility where recyclables will be processed. (Attach as Addendum H)
  • 14. 9. Miscellaneous: Describe any additional tools your company can provide Washtenaw County to assist in improving the County’s In-House Recycling Program: e.g., educational materials, collection containers, employee incentives, etc. (Attach as Addendum I) RFP #6518 Solid Waste Collection, Disposal, and Recycling Services 4 IV. CONTRACT PROVISIONS If a contract is awarded, the selected Contractor will be required to adhere to a set of general contract provisions that will become a part of any formal agreement. These provisions are general principles that apply to all Contractors providing service(s) to Washtenaw County, as follows: ARTICLE III - REPORTING OF CONTRACTOR Section 1 - The Contractor is to report to Facilities Management and will cooperate and confer with him/her as necessary to insure satisfactory work progress.
  • 15. Section 2 - All reports, estimates, memoranda and documents submitted by the Contractor must be dated and bear the Contractor's name. Section 3 - All reports made in connection with these services are subject to review and final approval by the County Administrator. Section 4 - The County may review and inspect the Contractor's activities during the term of this contract. Section 5 - When applicable, the Contractor will submit a final, written report to the County Administrator. Section 6 - After reasonable notice to the Contractor, the County may review any of the Contractor’s internal records, reports, or insurance policies. ARTICLE IV - TERM This contract begins on (MONTH, DAY, YEAR) and ends on (MONTH, DAY, YEAR). ARTICLE V - PERSONNEL Section 1 - The contractor will provide the required services and will not subcontract or assign the services without the County’s written approval. Section 2 - The Contractor will not hire any County employee for any of the required services without the County’s written approval.
  • 16. Section 3 - The parties agree that the Contractor is neither an employee nor an agent of the County for any purpose. Section 4 - The parties agree that all work done under this contract shall be completed in the United States and that none of the work will be partially or fully completed by either an offshore subcontractor or offshore business interest either owned or affiliated with the contractor. For purposes of this contract, the term, “offshore” refers to any area outside the contiguous United States, Alaska or Hawaii. RFP #6518 Solid Waste Collection, Disposal, and Recycling Services 5 ARTICLE VI - INDEMNIFICATION AGREEMENT The contractor will protect, defend and indemnify Washtenaw County, its officers, agents, servants, volunteers and employees from any and all liabilities, claims, liens, fines, demands and costs, including legal fees, of whatsoever kind and nature which may result in injury or death to any persons, including the Contractor’s own employees, and for loss or damage to any property, including property owned or in the care, custody or control of Washtenaw County in connection with
  • 17. or in any way incident to or arising out of the occupancy, use, service, operations, performance or non-performance of work in connection with this contract resulting in whole or in part from negligent acts or omissions of contractor, any sub-contractor, or any employee, agent or representative of the contractor or any sub-contractor. ARTICLE VII - INSURANCE REQUIREMENTS The Contractor will maintain at its own expense during the term of this Contract, the following insurance: 1. Workers' Compensation Insurance with Michigan statutory limits and Employers Liability Insurance with a minimum limit of $100,000 each accident for any employee. 2. Comprehensive/Commercial General Liability Insurance with a combined single limit of $1,000,000 each occurrence for bodily injury and property damage. The County shall be added as "additional insured" on general liability policy with respect to the services provided under this contract. 3. Automobile Liability Insurance covering all owned, hired and non-owned vehicles with Personal Protection Insurance and Property Protection Insurance
  • 18. to comply with the provisions of the Michigan No Fault Insurance Law, including residual liability insurance with a minimum combined single limit of $1,000,000 each accident for bodily injury and property damage. Insurance companies, named insureds and policy forms shall be subject to the approval of the Washtenaw County Administrator. Such approval shall not be unreasonably withheld. Insurance policies shall not contain endorsements or policy conditions which reduce coverage provided to Washtenaw County. Contractor shall be responsible to Washtenaw County or insurance companies insuring Washtenaw County for all costs resulting from both financially unsound insurance companies selected by Contractor and their inadequate insurance coverage. Contractor shall furnish the Washtenaw County Administrator with satisfactory certificates of insurance or a certified copy of the policy, if requested by the County Administrator. No payments will be made to the Contractor until the current certificates of insurance have been received and approved by the Administrator. If the insurance, as evidenced by the certificates furnished by the Contractor, expires or is canceled during the term of the contract, services and related payments will be suspended. Contractor shall furnish the County Administrator's Office with certification of insurance evidencing such coverage and endorsements at least ten (10) working
  • 19. days prior to commencement of services under this contract. Certificates shall be addressed to the County Administrator, P. O. Box 8645, Ann Arbor, MI, 48107, and shall provide for 30 day written notice to the Certificate holder of cancellation of coverage. RFP #6518 Solid Waste Collection, Disposal, and Recycling Services 6 ARTICLE VIII - COMPLIANCE WITH LAWS AND REGULATIONS The Contractor will comply with all federal, state and local regulations, including but not limited to all applicable OSHA/MIOSHA requirements and the Americans with Disabilities Act. ARTICLE IX - INTEREST OF CONTRACTOR AND COUNTY The Contractor promises that it has no interest which would conflict with the performance of services required by this contract. The Contractor also promises that, in the performance of this contract, no officer, agent, employee of the County of Washtenaw, or member of its governing bodies, may participate in any decision relating to this contract which affects his/her personal
  • 20. interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested or has any personal or pecuniary interest. However, this paragraph does not apply if there has been compliance with the provisions of Section 3 of Act No. 317 of the Public Acts of 1968 and/or Section 30 of Act No. 156 of Public Acts of 1851, as amended by Act No. 51 of the Public Acts of 1978, whichever is applicable. ARTICLE X - CONTINGENT FEES The Contractor promises that it has not employed or retained any company or person, other than bona fide employees working solely for the Contractor, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach of this promise, the County may cancel this contract without liability or, at its discretion, deduct the full amount of the fee, commission, percentage, brokerage fee, gift or contingent fee from the compensation due the Contractor. ARTICLE XI - EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, sexual orientation, national
  • 21. origin, physical handicap, age, height, weight, marital status, veteran status, religion and political belief (except as it relates to a bona fide occupational qualification reasonably necessary to the normal operation of the business). The Contractor will take affirmative action to eliminate discrimination based on sex, race, or a handicap in the hiring of applicant and the treatment of employees. Affirmative action will include, but not be limited to: Employment; upgrading, demotion or transfer; recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship. The Contractor agrees to post notices containing this policy against discrimination in conspicuous places available to applicants for employment and employees. All solicitations or advertisements for employees, placed by or on the behalf of the Contractor, will state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, sexual orientation, national origin, physical handicap, age, height, weight, marital status, veteran status, religion and political belief. RFP #6518 Solid Waste Collection, Disposal, and Recycling Services 7
  • 22. ARTICLE XII - LIVING WAGE The parties understand that the County has enacted a Living Wage Ordinance that requires covered vendors who execute a service or professional service contract with the County to pay their employees under that contract, a minimum of either $10.88 per hour with benefits or $12.75 per hour without benefits. Contractor agrees to comply with this Ordinance in paying its employees. Contractor understands and agrees that an adjustment of the living wage amounts, based upon the Health and Human Services poverty guidelines, will be made on or before May 1, 2010 and annually thereafter which amount shall be automatically incorporated into this contract. County agrees to give Contractor thirty (30) days written notice of such change. Contractor agrees to post a notice containing the County’s Living Wage requirements at a location at its place of business accessed by its employees ARTICLE XIII - EQUAL ACCESS The Contractor shall provide the services set forth in Article I without discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, marital status, physical handicap, or age. ARTICLE XIV - OWNERSHIP OF DOCUMENTS AND PUBLICATION
  • 23. All documents developed as a result of this contract will be freely available to the public. None may be copyrighted by the Contractor. During the performance of the services, the Contractor will be responsible for any loss of or damage to the documents while they are in its possession and must restore the loss or damage at its expense. Any use of the information and results of this contract by the Contractor must reference the project sponsorship by the County. Any publication of the information or results must be co-authored by the County. ARTICLE XV - ASSIGNS AND SUCCESSORS This contract is binding on the County and the Contractor, their successors and assigns. Neither the County nor the Contractor will assign or transfer its interest in this contract without the written consent of the other. ARTICLE XVI - TERMINATION OF CONTRACT Section 1 - Termination without cause. Either party may terminate the contract by giving thirty (30) days written notice to the other party. RFP #6518 Solid Waste Collection, Disposal, and Recycling Services
  • 24. 8 ARTICLE XVII - PAYROLL TAXES The Contractor is responsible for all applicable state and federal social security benefits and unemployment taxes and agrees to indemnify and protect the County against such liability. ARTICLE XVIII - PRACTICE AND ETHICS The parties will conform to the code of ethics of their respective national professional associations. ARTICLE XIX- CHANGES IN SCOPE OR SCHEDULE OF SERVICES Changes mutually agreed upon by the County and the Contractor, will be incorporated into this contract by written amendments signed by both parties. ARTICLE XX - CHOICE OF LAW AND FORUM This contract is to be interpreted by the laws of Michigan. The parties agree that the proper forum for litigation arising out of this contract is in Washtenaw County, Michigan.
  • 25. ARTICLE XXI - EXTENT OF CONTRACT This contract represents the entire agreement between the parties and supersedes all prior representations, negotiations or agreements whether written or oral. V. TERMS AND CONDITIONS Award: Washtenaw County reserves the right to reject any and all proposals received as a result of this RFP. If a proposal is selected it will be the most advantageous regarding price (see "Low Bidder," below), quality of service, the Contractors' qualifications and capabilities to provide the specified service, and other factors that the County may consider. The County does not intend to award a Bid fully on the basis of any response made to the proposal; the County reserves the right to consider proposals for modifications at any time before a Bid would be awarded, and negotiations would be undertaken with that Contractor whose proposal is deemed to best meet the County's specifications and needs. Low Bidder: Low Bidder will be determined according to several factors including price, collection methodology, and responsiveness to the bid. Term of Bid:
  • 26. This is a three (3) year bid from date of contract and the prices reflected in the bid are for the three year period. RFP #6518 Solid Waste Collection, Disposal, and Recycling Services 9 VI. SCOPE OF SERVICES A. SOLID WASTE COLLECTION AND REMOVAL (“Section 1”) 1. The Contractor will be responsible for the collection, transportation, and disposal of solid waste generated at designated facilities in accordance with all local, state, and federal laws. 2. The Contractor will provide containers for the collection of solid waste materials generated at each designated facility. 3. The Contractor will collect solid waste on a regularly scheduled basis, determined by the Contractor and agreed upon by the County.
  • 27. 4. The Contractor will maintain a clean area around dumpsters. The Contractor must pick up and remove any debris created as a result of the collection activity. 5. The Contractor will be able to respond to irregularities in waste generation. The Contractor shall respond within 24 hours to any unforeseen/special pick- ups requested by the County. The container sizes and collection frequencies currently in use for each County building are listed below: Building Name Address City ZIP No. of containers Size (cubic yards) Pickups/ week Administration 220 N. Main Ann Arbor 48104 1 6 5 Service Center 4133 Washtenaw Ann Arbor 48108 2 6 1 1 8 1 Youth Center 4125 Washtenaw Ann Arbor 48108 1 6 2 Juvenile Court 2270 Platt Rd. Ann Arbor 48104 1 8 1 Facilities Mgt. Center 2155 Hogback Rd. Ann Arbor 48105 1 6
  • 28. 1 Corrections Facility 2201 Hogback Rd. Ann Arbor 48105 5 6 3 Department of Social Services 2140 E. Ellsworth Ypsilanti 48197 1 6 1 Department of Social Services 22 Center Street Ypsilanti 48198 2 6 3 Chelsea Court 122 S. Main St. Chelsea 48118 1 2 Biweekly Eastern Co. Government Center 415 W. Michigan Ypsilanti 48197 1 4 1 Western County Service Center 705 N. Zeeb Rd. Ann Arbor 48103 1 6 2 Head Start Facility 1661 LeForge Rd. Ypsilanti 48198 1 6 2 Delonis Center 312 W. Huron Ann Arbor 48103 1 8 3 Facilities Mgt. Center 2155 Hogback Rd. Ann Arbor 48105 1 30 As needed CSTS 750 Towner Ypsilanti 48198 1 6 1 Saline Court 1000 N. Maple Saline 48178 1 6 1 Varies 1 30 As needed RFP #6518 Solid Waste Collection, Disposal, and Recycling Services
  • 29. 10 B. RECYCLING COLLECTION AND PROCESSING (“Section 2”) Washtenaw County has a strong commitment to waste reduction and recycling. Recycling is official County policy and employees have been participating in a program for over ten years. Since 1997, the County's In-House Recycling Program has consisted of a two-stream sorting process, as follows: Mixed Paper Mixed Containers Cardboard/Styrofoam White Ledger #1 PET Plastic Bottles Boxes Colored Ledger #2 HDPE Plastic Bottles Frames (Certificate) Computer Print Out Milk Cartons Press Board Copier & Laser Print Paper Drink Boxes (aseptic) Cups Newspapers Steel Cans Containers Magazines Aluminum Cans Peanuts/Popcorn Boxboard Packing Materials Blueprints Envelopes Materials are collected in County offices in corrugated boxes lined with colored or translucent plastic bags. Materials are then transported outside into 90-gallon collection carts. Paper is generally emptied into the carts loose, while rigid containers are kept in the plastic bags. Historically, mixed paper has represented over ¾ of materials collected. Typically, over 180 tons of office paper is
  • 30. collected from Washtenaw County facilities every year. Cardboard has been collected and delivered to the Comprehensive Drop-off Station at 2950 Ellsworth Rd. approximately 4,042 un-compacted cubic yards of cardboard were collected during 2009. In addition to those items listed above, corrugated cardboard and Styrofoam should also be collected for recycling. County staff will flatten cardboard/Styrofoam and place in a dumpster provided by the Contractor. Please list items that are not acceptable for recycling. Washtenaw County’s In-House Recycling Program will: Be easy to understand Foster high participation Be easy to implement Achieve a high recovery rate Be convenient for employees Produce high quality recyclables Capture a variety of materials Track program performance (in terms of yards or tons diverted) The successful Contractor will: 1. Provide external collection containers as needed for recyclables at each location (e.g. carts or Dumpsters; may differ by location according to space availability and contractor’s collection method) 2. Collect recyclables on a regularly scheduled basis, determined by the Contractor and agreed upon by the County.
  • 31. 3. Work with the County’s In-House Recycling Program Coordinator to ensure that materials are sorted properly and according to specification. 4. Provide quarterly reports to the County’s In-House Recycling Program Coordinator on the volume or tonnage of materials collected. 5. Provide quarterly reports to Washtenaw County on the composition of materials collected, based on an internal audit of Washtenaw County materials. 6. Provide recycling of Styrofoam products. RFP #6518 Solid Waste Collection, Disposal, and Recycling Services 11 BID PRICE SHEETS A. SOLID WASTE COLLECTION AND DISPOSAL (“Section 1”) Name Address No. of containers Size (cubic yards)
  • 32. Pickups per week Monthly price Annual total Administration 220 N. Main 1 6 5 $ $ Service Center 4133 Washtenaw 2 6 1 $ $ 1 8 1 $ $ Youth Center 4125 Washtenaw 1 6 2 $ $ Juvenile Court 2270 Platt Rd. 1 8 1 $ $ Facilities Mgt. Center 2155 Hogback Rd. 1 6 1 $ $ Corrections Facility 2201 Hogback Rd. 5 6 3 $ $ CSTS 2140 E. Ellsworth 1 6 2 $ $ Department of Human Services 22 Center Street 2 6 3 $ $ Chelsea Court 122 S. Main St. 1 2 Biweekly $ $ Eastern Co. Government Center 415 W. Michigan 1 4 1 $ $ Western County Service Center 705 N. Zeeb Rd. 1 6 2 $ $ Head Start Facility 1661 LeForge Rd. 1 6 2 $ $ Delonis Center 312 W. Huron 1 8 3 $ $ CSTS 750 Towner 1 6 1 $ $ Saline Court 1000 N. Maple 1 6 1 $ $ TOTAL $ $ Facilities Management Center 2155 Hogback Rd. 1 30 As needed $ Per Load
  • 33. To be determined Varies 1 30 As needed $ Per Load (C&D materials) RFP #6518 Solid Waste Collection, Disposal, and Recycling Services 13 B. RECYCLING COLLECTION AND PROCESSING (“Section 2, Option A”) Location Address Containers (number & size) Freq. of pickup Price per Pick-up Service events per year Monthly cost Annual cost
  • 34. Saline Court 1000 N. Maple, Saline 1-MP, 1-MC Weekly $ 52 $ $ 1- 6yd Dumpster Weekly $ 52 $ $ Children Services 4125 Washtenaw, Ann Arbor 2-MP, 1-MC Weekly $ 52 $ $ Service Center 4133 Washtenaw, Ann Arbor 3-MP, 1-MC Weekly $ 52 $ $ 1- 6yd Dumpster Biweekly $ 26 $ $ Juvenile Court 2270 Platt Road, Ann Arbor 2-MP, 1-MC Weekly $ 52 $ $ Facilities Mgt. Center 2155 Hogback Rd., Ann Arbor 1-MP, 1- MC Weekly $ 52 $ $ 1- 6yd Dumpster Weekly $ 52 $ $ Correctional Facility 2201 Hogback Rd., Ann Arbor 1-30yd roll-off Biweekly $ 26 $ $ Sheriff's offices 2201 Hogback Rd., Ann Arbor 2-MP, 1-MC Weekly $ 52 $ $ CSTS 2140 E. Ellsworth, Ann Arbor 5-MP, 2-MC Weekly $ 52 $ $ RFP #6518 Solid Waste Collection, Disposal, and Recycling Services
  • 35. 14 Continue (Section 2, Option A) Location Address Containers (number & size) Freq. of pickup Price per Pick-up Service events per year Monthly cost Annual cost Public Health 555 Towner, Ypsilanti 5-MP, 1-MC Weekly $ 52 $ $ 1- 6yd Dumpster Weekly $ 52 $ $ WCSC 705 N. Zeeb Road, Ann Arbor 3-MP, 1-MC Weekly $ 52 $ $ 1- 6yd Dumpster Bi-Weekly $ 26 $ $ CSTS 750 Towner, Ypsilanti 1-MP, 1-MC Weekly $ 52 $ $ 1- 6yd Dumpster Biweekly $ 26 $ $
  • 36. ECGC 415 W. Michigan, Ypsilanti 1-MP, 1-MC Weekly $ 52 $ $ Head Start Facility 1661 LeForge Rd., Ypsilanti 1-MP, 1-MC Weekly $ 52 $ $ 1- 6yd Dumpster Monthly $ 12 $ $ Huron Valley Child Guidance Center 2940 E. Ellsworth Rd., Ypsilanti 1-MP, 1-MC Weekly $ 52 $ $ TOTAL PER YEAR $ $ $ To be Determined Varies 1-30 yd roll-off As Needed $ Per Load NA NA x-6yd Dumpster = cardboard dumpster x-MP = x-90 gallon Mixed Paper bin x-MC = x-90 gallon Mixed Containers bin PLEASE NOTE: Washtenaw County does not guarantee that all buildings will receive recycling services. The County may choose to initiate recycling services only at certain buildings, and reserves the right to add services to other buildings at any time during the course of the contract per the prices provided in this bid sheet.
  • 37. RFP #6518 Solid Waste Collection, Disposal, and Recycling Services 15 SIGNATURE PAGE _______________________________ _________________________ Signature Company Name _______________________________ __________ ______________ Print Name Company Address _______________________________ _________________________ Title City St. Zip ______________________________ _________________________ Telephone # Fax # ______________________________ __ ____ Federal Tax ID # Email Address The above individual is authorized to sign on behalf of company
  • 38. submitting proposal. Proposals must be signed by an official authorized to bind the provider to its provisions for at least a period of 90 days. By checking this box we hereby certify that we are a Washtenaw County company as defined in Section I., G. above. If proven otherwise you may be subject to Disbarment and/or Suspension of doing business with Washtenaw County.