city of albion solid waste and yard waste collection agreement for

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CITY OF ALBION

SOLID WASTE AND YARD WASTE COLLECTION

AGREEMENT FOR RESIDENTIAL CUSTOMERS

THIS AGREEMENT (the “Agreement”) made and entered into on this 24

day of January, 2017, by and between

the City of Albion, a Michigan municipal corporation, (hereinafter referred to as the “City”), and Granger Waste

Services, a Michigan corporation, (hereinafter called the “Contractor”).

WITNESSETH:

WHEREAS, the City desires to secure the services of the Contractor, which include:

1. Residential collection, including carts, collection, hauling, and disposal of solid waste;

2. Residential yard waste including hauling and processing of materials;

3. Municipal building service including containers, hauling, and disposal of solid waste; and

4. Service for an annual clean up, festivals, and similar events including containers, hauling, and disposal

of solid waste;

WHEREAS, the Contractor desires to provide said services in compliance with the City ordinances;

NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

DEFINITIONS

A. Refuse: The term “refuse” shall include garbage and rubbish, except animal and human

excrements.

B. Garbage: The term “garbage” means all animal and vegetable wastes resulting from handling,

preparation, cooking, or consumption of foods.

C. Rubbish: The term “rubbish” means non-putrescible solid waste, including broken glass,

crockery, bottles, and ashes. Excluded is hazardous waste and yard waste.

D. Hazardous Waste: The term “hazardous waste” shall mean waste, or a combination of waste

and other discarded material, including solid, liquid, semisolid or containing gaseous material,

which because of its quality, concentration or physical, chemical or infectious characteristics

pose a substantial present or potential hazard to human health or the environment. Contractor

reserves the right to define materials that do not meet its waste acceptance guidelines as

hazardous or special wastes.

D. Recycle Material: The term “recycle material” is defined as material produced from residential

households that includes newspaper, glass, cardboard, metal cans, plastic containers, paper

bags, magazines, box board, aluminum, and any other materials that may be deemed by

Contractor as recyclable in the future.

E. Bulk Items: Bulk items may include, but is not limited to household refuse typically of a large

or bulky nature such as: appliances, furniture, bed springs and mattresses, stoves, water

heaters, trunks, toys, carpeting, large automobile components, broken concrete, building

materials from household repairs, alterations, or new construction, and debris from commercial

or industrial establishments.

F. Street-Side: Refers to that area within arm’s reach of the edge of the traveled path of public

streets.

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H. Yard Waste: The term “yard waste” refers to leaves, grass clippings, excess fruit from trees,

weeds, hedge clippings, garden waste, twigs, and brush, not exceeding two (2) inches in

diameter, four (4) feet in length, or thirty (30) pounds per bag or bundle. Excluded are tree

stumps, limbs, branches, and materials from the removal of trees, bushes, or similar.

I. Residential Household: The term “residential household” shall mean a single-family occupied

dwelling within the City of Albion, that is currently receiving water service from the City.

Additionally, single-family occupied dwellings within the City of Albion located on Locust Lane

and Haven Lane that receive partial services from the City of Albion, are also defined as a

residential household for the purposes of this agreement. Dwellings with two (2) or less

separate dwellings connected into one building, will count as separate residential

households. Multi-family residential apartments of two (2) or more are considered as

commercial buildings and owners are responsible for contracting separately for solid waste

collection services. Mobile home parks and similar are defined as commercial

establishments for the purpose of this contract.

GENERAL DESCRIPTION OF WORK

It is the intent and purpose of the Contractor to provide comprehensive service for the collection,

removal, hauling, and disposal of refuse and collection and collection, hauling, and processing of yard

waste material from occupied residential households within the City of Albion. Also included is

equipment, hauling, and disposal of solid waste for an annual clean up, festivals and events, and

municipal refuse service.

MUNICIPAL REFUSE COLLECTION

Contractor shall provide service to seven (7) municipal locations. By mutual agreement of the Contractor

and City, the service types and frequency may be changed from the services first listed below. For

changes, additional cost may be required for additional containers and/or change in frequency of

service. Details of municipal services are shown below.

Municipal Entity

Service Location

Qty.

Service Type(s)

Service Frequency

Albion Street

Department

12980 27 Mile Road,

Albion, MI 49224

6-Yard Trash Containers

Once per Week

City Hall

112 West Cass Street,

Albion, MI 49224

4-Yard Trash Container

Once per Week

Cemetery

1301 South Superior Street,

Albion, MI 49224

4-Yard Trash Container

Once per Week

Water and Sewer

507 North Albion Street,

Albion, MI 49224

4-Yard Trash Container

Once per Week

Maple Grove

Apartments

1041 Maple Street,

Albion, MI 49224

4-Yard Trash Container

Once per Week

Maple Grove

Apartments

1041 Maple Street,

Albion, MI 49224

96-Gallon Trash Carts

Once per Week

Albion EDC

309 North Superior Street,

Albion, MI 49224

96-Gallon Trash Cart

Once per Week

Albion Fire

Department

207 North Clinton Street,

Albion, MI 49224

96-Gallon Trash Carts

Once per Week

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RESIDENTIAL REFUSE COLLECTION

Contractor will collect properly prepared and placed refuse, once each week, from each occupied

residential dwelling within the City. The Contractor shall not be required to collect bulk items, Christmas

trees, trash exceeding the limits outlined herein, or refuse that does not meet Contractor’s waste

acceptance guidelines.

RESIDENTIAL YARD WASTE COLLECTION

Contractor will collect properly prepared and placed yard waste, once each week, from each occupied

residential dwelling within the City during the period of April 1 to November 30 each year. The Contractor

shall not be required to collect materials that do not conform to Contractor’s yard waste guidelines.

CLEAN UP REFUSE COLLECTION

Contractor will provide rear-end load equipment, roll off containers (maximum size of 30 yards;

additional sizes available at additional cost) collection, hauling, and disposal for one (1) clean-up event

annually. The date of the clean-up will be determined by mutual agreement each year. The clean-up

event will be held at two locations, Ketchum Field and Harris Field, from 8:00 A.M. until 4:30 P.M.

Contractor’s drivers will be available to run equipment and assess waste acceptance, however, they will

not unload materials from vehicles or load material into equipment or vehicles. Contractor shall not

allow material that does not meet Contractor’s waste acceptance guidelines to be collected.

FESTIVAL/EVENT REFUSE COLLECTION

Contractor will provide equipment, hauling, and disposal for annual festival and similar events. The

date(s) and location(s) of the event(s) will be determined by mutual agreement of City and Contractor.

Contractor shall provide roll off-type containers (maximum size of 20 yards; additional sizes available at

additional cost). Delivery and removal of roll off container shall be on a weekday during normal

operating hours. Contractor shall not accept material that does not meet Contractor’s waste

acceptance guidelines.

COLLECTION SCHEDULE

Contractor will complete all collections for residential services once per week, between the hours of

7:00 A.M. and 7:00 P.M. within the City, except for the interruptions due to holidays or acts of God

(weather, etc.). All refuse must be properly placed at the street-side for collection no later than 7:00

A.M. on the scheduled day of collection. Contractor reserves the right to collect trash as early as 6:30

A.M. due to circumstances such as, but not limited to, road construction, weather, resolution of service

issues, etc.

COLLECTION ROUTES AND SERVICE DAYS

Contractor intends to use best efforts to maintain refuse and yard waste collection on the same service

day. However, Contractor reserves the right to alter routes to best fit its operations and modify service

days. Contractor reserves the right to divide the city into sections and provide for collections on multiple

days during the week. Specifically, collection for each service types (i.e., trash and yard waste) may be

provided on separate days for residents (i.e., may not be provided on a single day.)

INTERRUPTED COLLECTION SCHEDULE

No collections of refuse will be made on Sundays, New Year's Day, Memorial Day, Independence Day,

Labor Day, Thanksgiving Day, or Christmas Day. Where the holiday falls on or before the regular

collection day, refuse and yard waste will be collected one day later. If the holiday falls on a Saturday or

Sunday, collection schedule will not change. Contractor will maintain a diligent communication plan

with residents to communicate and remind of changes in schedules due to holidays, weather, etc.

Service may also be interrupted/delayed due to acts of God, (storms, lightning, wind, snow, ice, etc.).

The City will be notified of any service delays/interruptions caused by acts of God.

SOLID WASTE DISPOSAL

All solid waste collected for disposal by Contractor will be hauled to its licensed disposal site located

within Clinton or Ingham County, Michigan for final disposal. Contractor reserves right to dispose of

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solid waste at alternate licensed disposal sites and to use transfer stations for intermediate handling of

materials.

WASTE ACCEPTANCE

The City recognizes that the Contractor will collect only items of refuse as acceptable to federal laws,

state laws, local ordinances, and Contractor’s waste acceptance guidelines. Contractor reserves the

right to refuse to collect refuse that does not confirm to federal laws, state laws, local ordinances

(including the City code), and Contractor’s waste acceptance guidelines. The Contractor shall not be

required under this contract to collect any hazardous or special waste.

CONTRACTOR WASTE ACCEPTANCE GUIDELINES

A. Prohibited Wastes:

The following prohibited wastes cannot be accepted under any condition or from any source:

 Hazardous or toxic waste as defined by local, state or federal laws or regulations

(Hazardous wastes are materials that are ignitable, corrosive, reactive or toxic, as

well as listed wastes such as pesticides, herbicides, solvents and their containers.)

 Hazardous waste containers/labels

 Explosives, ammunition and firearms

 Low-level radioactive waste and radioactive labeled containers

 PCBs or materials containing PCBs (including, but not limited to, ballasts and

transformers)

 Lead acid batteries

 Liquid wastes (or free liquids)

 Sewage and septic waste

 Oil-based paint

 Used oil

 Materials that adversely affect the liner of leachate system

B. Conditionally Prohibited Wastes:

The following conditionally prohibited wastes can be accepted if the specific conditions

indicated are met:

 Appliances containing Freon (Freon must be removed prior to disposal)

 Asbestos (requires proper packaging and handling)

 Empty drums (must be clean and crushed)

 Medical waste (decontaminated or packaged as required)

 Whole motor vehicle tires (must be cut in half)

 Yard Clippings or yard waste (diseased or infested)

C. Special Wastes

The following special wastes can be accepted if the specific conditions indicated are met:

 Compressed gas cylinders (must be empty and valve must be removed)

 Contaminated soil (requires testing to confirm non-hazardous and landfill pre-

approval)

 Animal carcasses (will not be accepted in large quantities)

 Electronic waste (accepted only from households and exempt generators)

 Fluorescent light ballasts (without PCBs only)

 Fluorescent tubes (accepted only from households and exempt generators)

 Latex or acrylic household paint (must be in non-liquid form)

 Incinerator ash (requires testing to confirm non-hazardous and landfill pre-approval)

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 Oil filters (must be drained for 24 hours)

 Industrial/manufacturing byproducts, including but not limited to, sandblasting

materials, grinding or cutting waste, sludge(s) from pits or tanks, degreasing waste,

and printing waste (require testing to confirm non-hazardous and landfill pre-

approval)

CONTRACTOR YARD WASTE ACCEPTANCE GUIDELINES

 Leaves, grass clippings, excess fruit from trees, weeds, hedge clippings, garden waste, twigs,

and brush shall be placed in compostable, paper bags no greater than 30-gallon in size and

no greater than 30 pounds in weight.

 Brush and twigs that are no longer than four (4) foot, less than two (2) inches in diameter,

and do not fit into compostable, paper bags can be collected if bundled and tied with heavy

twine into bundles no larger than 12 inches in diameter and no greater than 30 pounds in

weight. Each properly prepared bundle shall count as one bag towards the yard waste service

limit.

 Resident-owned (reusable, store-purchased) containers should be clearly labeled to avoid

being disposed of accidentally.

 Contractor is not responsible for damage to resident-owned (reusable, store-purchased)

containers.

WEEKLY RESIDENTIAL REFUSE AND YARD WASTE COLLECTION LIMITS

Contractor will collect refuse according to the following limits:

Service Type

Limits

96-Gallon Cart Trash Service................................

96-gallon cart only (approximately 4-5 bags)

64-Gallon Cart Trash Service................................

64-gallon cart only (approximately 2-3 bags)

Yard Waste Service

..............................................

Six bag or bundle limit

Extra Refuse Bags (on outside of cart)

………....

Up to 10 extra bags

Extra Yard Waste Bags of Bundles

………….…....

Up to 10 extra bags or bundles

Yard waste service period is weekly from April 1

to November 30

, annually.

If a resident utilizing the 96-gallon or 64-gallon cart service has occasional larger volumes of trash

than the cart may hold, they may place up to ten (10) extra bags to be serviced on the outside of their

cart. An additional cost will be required for this service. Residents shall contact Contractor directly and

prepay for extra bags.

COMMERCIAL SERVICE

Other than what is specified for municipal refuse collection, the Contractor shall not be required to

service commercial locations as part of this contract. This is a residential contract intended to provide

service to one and two-family residential households. Multi-family residential apartments of three (3)

or more are considered as commercial buildings and owners/tenants are responsible for contracting

separately for solid waste and yard waste collection services. Mobile home parks and similar, are

considered commercial establishments and shall not be serviced as part of this contract. However,

nothing herein shall limit the Contractor from contracting separately with commercial businesses for

service outside of the scope of this contract.

ADMINISTRATIVE SERVICES

Contact: Contractor will supply a person of contact from the company to respond to complaints and act

as a liaison to the City. Contractor will respond to requests/complaints to correct missed service within

48 hours of notice from City representatives.

Billing and Customer Service: Contractor will manage all billing, customer inquiries, changes in services,

and related customer services.

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CONTAINERS

A. Residential Refuse and Yard Waste Service: Contractor will provide refuse containers for

residents depending on the refuse service they choose. Residents shall purchase at their

expense, 30-gallon, compostable, paper bags for yard waste service:

Service Type

Container Size

96-Gallon Cart Service............................

96-gallon plastic cart

64-Gallon Cart Service............................

64-gallon plastic cart

Yard Waste Service..................................

Resident shall purchase at their expense,

30-gallon, compostable, paper bags

B. Municipal Refuse Containers: Contractor will supply, deliver, and maintain heavy duty

containers of required size for each municipal location as noted herein. The containers will be

clean in appearance and include covers.

C. Location of Containers: All containers, bags, and bundles shall be placed at the street-side by

the resident for collection. All containers, bags, and bundles shall be placed as close to the

roadway as practicable without interfering with or endangering the movement of vehicles or

pedestrians. Containers will be returned to the street-side upright and in similar location after

service, except in instances where weather or traffic will potentially move empty containers into

the roadway causing a hazard. In these instances, the containers will be placed on their side

or similar to help prevent a hazard. In snow, wind, or other inclement conditions, Contractor

may place containers on side or similar. City will work with Contractor to solve issue with alley

locations that are blocked by snow, tree limbs, vehicles, construction, etc.

D. Front of House Service: Due to safety issues, Contractor will not provide service described as

both “back door” and “rear yard” service. However, for residents with significant physical

limitation, as determined by the Contractor, Contractor will service refuse and yard waste from

the front of the house, provided that, the containers or bags are clearly and easily visible from

the street, and in the opinion of Contractor, the driveway or pathway is not unduly long or

unsafe. The City expressly approves such service to those residents with significant physical

limitations.

E. Condition of Containers: All containers owned by Contractor for refuse collection will be

repaired or replaced by the contractor for damage caused by Contractor. Damages not caused

by Contractor will require $50 (cart) or $150 (metal container) for repair or replacement of

container. Residents are responsible for the rinsing of any material from the container as

needed. Contractor shall not replace or exchange containers due to odor. Containers (including

lids, handles, wheels, etc.) owned by the resident (store-purchased containers) are not

manufactured to withstand refuse collection processes of Contractor. Contractor shall not be

liable for damage to resident-owned containers and shall not make replacement of damaged

containers.

TERM AND TERMINATION

A. Initial Term: The initial term of this agreement is three (3) years, commencing on April 1, 2017,

and ending March 31, 2020.

B. Price Adjustments and Renewal: This agreement may be renewed upon the mutual agreement

of the parties herein. Any price adjustments for any renewal terms shall be negotiated and by

mutual agreement of the Contractor and City.

C. Material Breach of Agreement: In the event of a material breach or material default in the

performance of any covenant or obligation of the City or Contractor under this Agreement, which

has not been remedied within thirty (30) days after receipt of written notice from the non-

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breaching party specifying such breach or default (or such longer period of time as is reasonably

necessary to cure any such breach or default which is not capable of being cured within thirty

(30) days, provided the breaching party has undertaken to cure within such thirty (30) days and

proceeds diligently thereafter to cure in an expeditious manner), the non-breaching party may,

if such breach or default is continuing, terminate this Agreement upon written notice to the

other party. In the event of a breach, event of default, or termination of this Agreement, each

party shall have available all remedies in equity or at law.

INSURANCE

A. The contractor shall, prior to service commencing, obtain and maintain during the execution of

the contract, an insurance policy meeting the following requirements and shall provide to the

City a certificate showing the premiums to be fully paid as well as a copy of the applicable policy,

including all endorsements. The City, including its officers and employees shall be named as

an additional insured on the policy.

Insurance Endorsement

Limits Required

(1) Workman's Compensation

Statutory

(2) Employer's Liability

$500,000

(3) Bodily Injury Liability

(a) Except Automobiles

$1 million each occurrence

(b) Aggregate

$1 million

(4) Property Damage Liability

(a) Except Automobiles

$1 million each occurrence

(b) Aggregate

$2 million

(5) Automobile

(a) Bodily Injury

$1 million each occurrence

(b) Liability

$1 million each occurrence

(6) Automobile Property Damage

(a) Liability

$1 million each occurrence

B. Proof of Liability Insurance: The Contractor shall furnish to the City a copy of the policy or

policies covering the work as required in the specifications as evidence that the insurance

required will be maintained in force for the entire duration of the contract with the City. The

City must be listed as an additional insured.

C. City-Required Insurance Statement: The Contractor shall include the following statement on

insurance certificates submitted to the City.

“This is to certify that the policies of insurance described herein have been issued to

the insured for whom this certificate is executed and are in force at this time. In the

event of cancellation or material change in policy affecting the certificate holder, thirty

(30) days prior to written notice will be given to the City of Albion.”

INDEMNITY

The Contractor shall indemnify, defend and save harmless the City of Albion, its commissioners, officers,

agents, representatives and employees from and against all loss of expense (including costs and

attorney's fees) by reason on any liability asserted or imposed upon the City, its commissioners, officers,

agents, representatives and employees for damages because of bodily injury, including death, at any

time resulting there from, sustained by any person or persons, or on account of damage to property,

including loss of use thereof, arising out of, or in consequence of the performance of the work described

herein, whether such injuries to persons, or damage to property, is due, or claimed to be due, to the

negligence of the Contractor, the City, its commissioners, officers, agents, representatives and

employees.

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COMPENSATION AND PAYMENT

For the period commencing April 1, 2017, and ending March 31, 2020 (the initial term), residential

households will pay Contractor according to the following schedule:

SERVICE YEAR

YEAR 1

YEAR 2

YEAR 3

SERVICE DATES

04/01/2017

03/31/2018

04/01/2018

03/31/2019

04/01/2019

03/31/2020

SERVICE TYPE

PRICE (MONTHLY; UNLESS NOTED)

96-Gallon or 64-Gallon

Cart Refuse Service

$8.85

Yard Waste Service

$6.25

Refuse and Yard Waste

Exceeding Limit (Extra

Bags or Bundles)

$2.00 per Bag

Municipal Refuse

Services

2-Yard, 4-Yard, and 6-

Yard Containers

Charged at $60 per

Container per Month

for Once-a-Week

Service.

2-Yard, 4-Yard, and 6-

Yard Containers

Charged at $60 per

Container per Month

for Once-a-Week

Service.

2-Yard, 4-Yard, and 6-

Yard Containers

Charged at $60 per

Container per Month

for Once-a-Week

Service.

Annual Festival Refuse

Services

20-Yard Roll Offs

Containers Charged at

$100 per Container for

Delivery and Removal;

Disposal charged at

$48 per Ton (Minimum

Two (2) Tons per Roll

Off Container).

20-Yard Roll Offs

Containers Charged at

$100 per Container for

Delivery and Removal;

Disposal charged at

$48 per Ton (Minimum

Two (2) Tons per Roll

Off Container).

20-Yard Roll Offs

Containers Charged at

$100 per Container for

Delivery and Removal;

Disposal charged at

$48 per Ton (Minimum

Two (2) Tons per Roll

Off Container).

Annual Clean Up Refuse

Services

Rear-Load (REL)

compaction Vehicles

Charged at $160 per

Hour (Including Travel

Time); 30-Yard Roll Off

Containers charged at

$160 per Container for

Delivery and Removal;

Disposal for REL and

Roll Offs at $48 per

Ton Minimum Two (2)

Tons per Roll Off

Container).

Rear-Load (REL)

compaction Vehicles

Charged at $160 per

Hour (Including Travel

Time); 30-Yard Roll Off

Containers charged at

$160 per Container for

Delivery and Removal;

Disposal for REL and

Roll Offs at $48 per

Ton Minimum Two (2)

Tons per Roll Off

Container).

Rear-Load (REL)

compaction Vehicles

Charged at $160 per

Hour (Including Travel

Time); 30-Yard Roll Off

Containers charged at

$160 per Container for

Delivery and Removal;

Disposal for REL and

Roll Offs at $48 per

Ton Minimum Two (2)

Tons per Roll Off

Container).

PAYMENT SCHEDULE

Residential households will be invoiced, in advance and quarterly for all services. Residents who

might find quarterly invoicing a hardship may make arrangements for monthly invoicing directly with

Contractor.

NON-PAYMENT

Contractor will use best efforts to collect balances owed from residents. Contractor reserves the right

to use a third party professional collection agency (including credit reporting) to collect balances. City

agrees to help Contractor with updated records and contact information for residents who move from

the City without paying Contractor. After sixty (60) days of non-payment, from the date of the invoice, to

Contractor, Contractor may cease servicing resident. Residents not serviced due to non-payment will

be responsible for compliance with City ordinances and codes regarding refuse collection. Contractor

shall not reasonably refuse to reactivate collection services after payment of full past due balances. City

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and Contractor agree that the City shall not be responsible for the payment of resident’s delinquent

account.

ADDITIONAL FEES

Contractor reserves the right to petition the City for increases in prices due to government taxes, fees,

surcharges, fuel costs, etc. Any rate change shall be subject to approval by the City Council. The

Contractor may not assess any rates or fees not so approved.

NON-DISCRIMINATION

A. Contractor agrees not to discriminate against any qualified employee of contractor or qualified

applicant for employment with contractor on the basis of actual or perceived age, color,

disability, education, familial status, gender expression, gender identity, height, marital status,

national origin, race, religion, sex, sexual orientation, or weight.

B. Contractor shall, when utilizing subcontractors require said subcontractors to include an

identical non-discrimination provision in subcontracts.

C. Contractor agrees not to discriminate against any resident of the City on the basis of actual or

perceived age, color, disability, education, familial status, gender expression, gender identity,

height, marital status, national origin, race, religion, sex, sexual orientation, or weight.

VENUE

This agreement shall be interpreted under the laws of the State of Michigan. Any and all claims,

disagreements, lawsuits, actions, litigation, and disputes shall be heard in the Calhoun County courts,

State of Michigan.

SEVERABILITY

If any part of this agreement is determined to be invalid, the remaining sections remain in full force and

effect.

MODIFICATION

This agreement may not be modified except in writing and signed by both parties herein.

TERMINATION

In addition to the paragraph above entitled “Material Breach”, in the event the Contractor should be

adjudged bankrupt, make a general assignment for the benefits of Contractor’s creditors, if a receiver

is appointed to Contractor for purposes of insolvency, or if the Contractor disregards the laws of the

State of Michigan, or disregards the ordinances of the City of Albion, the City may, without prejudice to

any right or remedy, terminate this contract upon thirty (30) days’ notice to the Contractor.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized

officers as of the date first above stated.

ATTEST: CITY OF ALBION

By: _______________________ ______________________________

Jill Domingo Garrett Brown

Its: Clerk Its: Mayor

ATTEST: GRANGER WASTE SERVICES

By: ________________________ _______________________________

Maria Copeland Sean McHugh

Its: Notary Its: Director of Sales