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REQUEST FOR PROPOSALS FOR THE CITY OF ANN ARBOR COMPOSTING FACILITY OPERATIONS
Page 1
REQUEST FOR PROPOSALS
FOR
THE CITY OF ANN ARBOR
COMPOSTING FACILITY OPERATIONS
RFP NUMBER 730
DATE: APRIL 7, 2009
DUE DATE: May 4, 2009
City Of Ann Arbor, Michigan
Systems Planning Unit
100 N. Fifth Ave.
P.O. Box 8647
Ann Arbor, MI 48107-8647

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City of Ann Arbor
Composting RFP # 730
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TABLE OF CONTENTS
Section
Page
SECTION I: INTRODUCTION/OVERVIEW.............................................................................. 4 
1.1   Purpose/Objective ........................................................................................................ 4 
1.2 
Services Requested by City ............................................................................................ 4 
1.3 
Proposal Options ............................................................................................................. 5 
1.4 
Project Timetable ............................................................................................................ 7 
1.5 
Pre-Proposal Meeting/Site Inspection ............................................................................ 7 
1.6 
Required Proposer Information ....................................................................................... 7 
1.7 
Proposal Security and Letter of Credit ............................................................................ 8 
1.8 
Selection Criteria ............................................................................................................ 8 
1.9 
Exclusionary Criteria and Proposal Elimination ............................................................. 9 
1.10  Evaluation Criteria and Contractor Selection ................................................................. 9 
1.11  Experience/Strength of Operations Criteria and Contractor Selection ........................... 9 
1.12  Technical Criteria and Contractor Selection ................................................................. 10 
1.13  Financial Criteria and Contractor Selection .................................................................. 10 
1.14  Surety Bond .................................................................................................................. 11 
1.15  Interviews/Oral Presentation ......................................................................................... 11 
1.16  Clarification and Recommendation .............................................................................. 11 
1.17  Rejection of Proposals .................................................................................................. 12 
1.18  Independent Price Determination ................................................................................. 12 
1.19  Competition Intended .................................................................................................... 12 
1.20  Process for Entering into Agreement ............................................................................ 12 
1.21  Changes and Addenda to RFP Documents .................................................................. 12 
1.22  Cost Liability ................................................................................................................ 13 
1.23  Inquiries ........................................................................................................................ 13 
SECTION II: TECHNICAL SPECS ........................................................................................... 14 
2.1 
Background ................................................................................................................... 14 
2.2  
Scope of Services/Specifications .................................................................................. 19 
2.3  
Contract Term ............................................................................................................... 20 
2.4  
Material Delivery .......................................................................................................... 25 
2.6 
Processing Personnel .................................................................................................... 29 
2.7 
Compost Facility Operational Services ........................................................................ 29 
2.8 
Compost and Soil Product Marketing ........................................................................... 30 
2.9 
Acceptable Technologies .............................................................................................. 30 
2.10  Acceptable End Markets ............................................................................................... 30 
2.11  Information Technology ............................................................................................... 31 
2.12  Carbon Asset Management ........................................................................................... 31 
2.13  Reporting and Invoicing ............................................................................................... 31 
2.14  Changes to Facility ....................................................................................................... 33 
2.15  Contract Administration................................................................................................ 34 
2.16   Contract Incentives, Disputes and Liquidated Damages .............................................. 34 
2.17   Educational Facility and Tours ..................................................................................... 35 
SECTION III: SUBMITTALS AND REQUIREMENTS ........................................................... 36 

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City of Ann Arbor
Composting RFP # 730
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3.1  
Proposal Summary ........................................................................................................ 36 
3.2 
Content and Form Proposals ......................................................................................... 36 
3.3 
Submission Requirements and Forms ........................................................................... 36 
3.4 
Cost Proposals ............................................................................................................... 41 
ATTACHMENT A Forms ............................................................................................................ 42 
ATTACHMENT B Service Agreement........................................................................................ 65 
ATTACHMENT C Technical Background .................................................................................. 95 

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City of Ann Arbor
Composting RFP # 730
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SECTION I: INTRODUCTION/OVERVIEW
1.1 Purpose/Objective
The City of Ann Arbor is issuing this Request For Proposals for services to operate its
composting facility located at 4170 Platt Road, W.R. Wheeler Service Center Compost
Facility, and to market the resulting compost as a product to prospective buyers.
The City has a number of goals that will result from this RFP:
1. Accept and completely decompose yard debris generated by residents of and
municipal operations within the City of Ann Arbor (e.g. leaves, tree prunings,
grass, vegetative waste and pre-consumer food /food prep waste).
2. Accept and completely decompose yard debris generated by commercial and
private collection services in the region.
3. Maximize the value of the recovered organic materials in the waste stream.
4. Reduce the quantity of methane emitted to the atmosphere as a result of
organics decomposing within a landfill.
5. Provide an additional means of recovering material from the City of Ann
Arbor waste stream as part of the overall goal of achieving a 60% diversion
rate.
6. Secure the highest quality operating quality, low-odor and responsiveness to
marketplace conditions for the production of compost, wood chips, and soil
products.
7. Enable the City of Ann Arbor Compost Facility to be utilized to its fullest
capacity by selectively accepting, processing, and marketing incoming
quantities of merchant organic materials.
8. Create a dynamic and robust marketing and sales program for the all finished
compost.
1.2 Services Requested by City
The services being requested in this RFP are:
1. YARD DEBRIS COMPOSTING: The acceptance, weighing, size reduction,
mixing, windrowing, turning, curing, screening, and sale of residential and
small commercially generated yard debris.
2. SOURCE SEPARATED ORGANICS:
The acceptance, weighing, size
reduction, mixing, windrowing, turning, curing, screening, and sale of
university and small commercially generated source separated organics
(food) waste debris.
3. MARKETING AND SALES OF FINISHED COMPOST AND WOOD
MULCH: The preparation and execution of a marketing plan for the annual

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City of Ann Arbor
Composting RFP # 730
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sale of all composted and size reduced incoming material to the City of
Ann Arbor Composting Facility. This effort could include but is not
limited to bagging, blending, and moisture conditioning for maximum
market value.
1.3 Proposal Options
One Contractor will be selected for the Composting Operations and Marketing/Sales
Services. The existing facility consisting of approximately 17 acres of pad, 9 acres of
staging and storage area, and a compost equipment storage building with a site
managers office. The MRF scale will be made available to the selected Contractor as
part of its normal operations. Additional land totaling approximately useable 8 acres, of
which 3.5 acres are currently utilized for compost windrows, is available to the selected
Contractor for active composting, wood waste processing, soil blending, bagging and
mulch distribution and sales.
The City of Ann Arbor has been developing and upgrading its composting equipment in
the many years that it has been composting the site. The City has appropriate and
specialized equipment designed specifically for composting including a windrow turner,
tub grinder, and screener. Together these items which form the core of the current
composting operation will be made available to the successful Contractor.
Table 1: Composting Facility Equipment(currently used)
Equipment Function
Capacity/
Throughput/ Size
Model/Type/
Acquisition Date
Tub Grinder Woody material
size reduction,
material blending
100 cy/hr
12’ w x 30’ l” (45’ with
conveyor extended) x
13’4” h
Morbark 1200XL,
2003
Windrow
Turner
Blend materials,
mix in water,
aerate, size
reduce
60 cy/min and 20 lf/min
31’ w x 14’ l x 13’3” h
Scarab 18HYD
525D5, 2004

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City of Ann Arbor
Composting RFP # 730
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Table 1: Equipment List (con)
Equipment Function
Capacity/
Throughput/ Size
Model/Type/
Acquisition Date
Front End
Loader (2)
Material
movement, load
trucks, and
routine site
grading
Interchangeable “Tink”
2.5, 3.5 and 5.5 cy
buckets
John Deere 624J,
2005 & 2007
Dump Truck
(2)
Material
movement
8-12 cy with sides up
Ford F8000, 1995 &
LT8513, 1997
Flat Bed
Material
movement
22 cy with extended
sides
Ford F8000,
between 1991 &
1997
Light Duty
Truck (2)
Personnel
Transport
F-250 4X4 Crew
Cab, 2008, GMC
1500, 2006
Snow Plow Plowing Snow
Western 7.5 Pro Poly
Ultra, 2007
Compost
Screener
Compost
Screening
Star Screen
Erin 300 Compost
Screen, 1999
Air
Compressor
Operation of Air
Tools, Tire
Inflation
Sullair 185DPQJD,
Air Compressor, 2006
Watering
Truck
Add water during
windrow turning
1,000 gallons, use
5,000 gallons per
windrow
Briggs & Stratton
engine-powered pump
Mack MR688, 2000
The selected Contractor, at its sole option, may choose to utilize such equipment as it
already owns and feels may improve the efficiency and cost effectiveness of the
composting operation.
Should the Proposer choose to use City owned equipment, a purchase price for each
piece of equipment shall be included in the cost proposal. Alternatively, the Proposer
may present lease terms for each of the pieces of equipment that are required for use at
the City Composting Operation. The City retains the right to accept or reject proposals
for equipment purchase or lease on a case-by-case basis.
The City is considering plans to develop 53.8 acres (The Hilton Property) to the east of

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City of Ann Arbor
Composting RFP # 730
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the current composting facility. There has been discussion about the creation of a
Residential Waste, Recycling and Organics Drop-off and Sales Service Center. This
Center would incorporate retail sales opportunities for the selected Composting
Contractor to sell bulk, bagged, and blended soil products, compost and wood mulch.
Any development of the Drop-Off Station is contingent on the financing of the proposed
plan.
1.4 Project Timetable
RFP Issued
Tuesday, April 7, 2009
Pre-Proposal Meeting/Site Inspection
Monday, April 13, 2009 @ 3:00 pm EDT
Deadline for Written Comments
Monday, April 20, 2009
Proposal Due Date
Monday, May 4, 2009 @ 2:00 pm EDT
Contractor Selection
May – July 2009
Council Consideration/Approval
Aug – Sep 2009
Project Start Date
By January 1, 2010
1.5 Pre-Proposal Meeting/Site Inspection
There will be a pre-proposal meeting/site inspection. This inspection will provide
prospective Proposers with an opportunity to observe current operations, survey the
available facilities, and inspect the available equipment. City Staff and Technical
Consultants will be available at the pre-proposal inspection to answer questions.
The pre-proposal meeting/site inspection will be held on Monday, April 13, 2009 at
3:00 p.m., at the Ann Arbor MRF 2nd Floor Education Center at 4120 Platt
Road, located at the WR Wheeler Service Center, Ann Arbor, Michigan.
Attendance at this conference is optional, but highly recommended. Administrative and
technical questions regarding this project will be answered at this time. If any questions
arise whose answers constitute modifications to this bid document, an addendum will be
issued.
1.6 Required Proposer Information
Form A-1: Statement of Organization
Form A-2: Proposer’s Qualifications
Form A-3: Key Staff Members
Form A-4: Incoming Material Quantities and Handling Protocols
Form A-5: Processing/Marketing Services Proposal – Work Summary
Form A-6: Land Stewardship, Agriculture, and Eco-System Services
Form A-7: Exceptions to Agreement
Form A-8: Financial Qualifications (sealed separately)
Form A-9: Safety Compliance and History Form

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City of Ann Arbor
Composting RFP # 730
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Form A-10: Litigation History
Form A-11: Certificate of Recycled Paper Content
Form A-12: Compost Equipment Lease and Own Costs
Form A-13: Composting Processing Services Cost and Revenue Share
Form A-14: Cost Proposal Signature Page
1.7 Proposal Security and Letter of Credit
Each Proposer is required to furnish a Bid bond or cashier's check in the amount of
$10,000 to ensure that if the proposer is selected, it will enter into a performance
contract.
The Selected Contractor shall provide the City with a $250,000 Letter of Credit drawn on
a financial institution within the City limits with the following requirements:
a.
The credit is irrevocable for the length of the Contract.
b.
The credit is non-transferable.
c.
The beneficiary is the City of Ann Arbor, 100 N. Fifth Ave., Ann Arbor, MI
48107.
d.
The only document required for drawing on the letter of credit is a signed
affidavit from the City Administrator or the Contract Administrator stating
the amount of money required and stating there is a reasonable belief
that the Contractor owes the City or will owe the City the amount stated.
e.
Multiple draws must be permitted up until the full amount of the credit is
exhausted.
f.
The credit is to be governed by the Uniform Commercial code in the State
of Michigan.
g.
Presentation of the affidavit for a draw on the credit must be to a location
within the city limits and available during normal banking hours.
h.
Payments must be within 5 days of presentation of the affidavit.
1.8 Selection Criteria
Responses to this RFP will be evaluated using a point system, described in the following
sections of this RFP. The evaluation could include interviews of qualifying proposers.
During the interviews, the selected firms will be given the opportunity to discuss in detail
their proposal, qualifications, and past experience. The selection committee will be
comprised of City staff with support from its consultant Resource Recycling Systems.
Selection will be based on Proposer that best meets the City’s needs.

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City of Ann Arbor
Composting RFP # 730
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1.9 Exclusionary Criteria and Proposal Elimination
Submitted proposals will be subjected to the following exclusionary criteria. Those
proposals failing to meet any or all of these criteria may be excluded from further
consideration.
• Submitted after deadline for proposals
• Did not provide all required information or required number of copies
• No signature on binding cover letter
• Ongoing and unresolved litigation with respect to composting operations at other
facility locations.
1.10 Evaluation Criteria and Contractor Selection
Proposals not excluded through this process will then receive a separate and more
comprehensive evaluation of their complete Technical and Cost Proposal.
The City has a strong interest in selecting the Proposer with the best quality and most
cost effective proposal.
Criteria described below will be ranked and incorporated into a Proposal Evaluation
process for the purposes of evaluating and scoring the proposals that are submitted.
Proposals will be evaluated based on the following criteria:
Experience and Strength of Operations
30%
Technical
30%
Cost
40%
1.11 Experience/Strength of Operations Criteria and Contractor Selection
The City will consider the experience and strength of operations aspects of the
Proposer’s proposed services. The experience and strength of operations of each
Proposer will be evaluated in terms of demonstrated performance to determine the
relative ability of each Proposer to implement the program elements described in this
RFP and to attain the City objectives for organics diversion. The City is seeking to
identify Proposers with demonstrated commitment to high performance and quality
management. All proposals will be evaluated by criteria that will include but are not
limited to:
(1)
Completeness of proposal in addressing the RFP requirements;
(2)
Demonstrated strength and experience in composting and marketing yard debris
and source separated food waste;
(3)
Demonstrated experience providing services to municipalities;
(4)
Previous experience in successfully designing and implementing transition plans
from existing municipal operations as required for program change-over;
(5)
Proven track record in the operation of high quality composting operations that
demonstrate low odor operational capabilities and the ability to produce quality

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City of Ann Arbor
Composting RFP # 730
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finished product;
(6)
Demonstrated familiarity with State of Michigan composting regulations;
(7)
Experience in the provision of land stewardship, agriculture, and eco-system
services practices and activities;
(8)
Management knowledge and methods to deliver on performance requirements;
(9)
Recommendations and references;
(10) Demonstrated ability to avoid operationally related lawsuits and state level
enforcement actions;
Each Proposer’s experience and strength of operations will be evaluated based on the
information provided in each proposal. The City requests that Proposers complete the
References form located under Attachment 1 - Technical Proposal Forms and Checklist.
1.12 Technical Criteria and Contractor Selection
The City will consider the technical aspects of the Proposer’s proposed services to
determine if the Proposers can meet the proposed performance specifications and
criteria on a long-term basis. All proposals will be evaluated by criteria that will include
but are not limited to:
a. Capabilities and structure of project management team, experience of facility
manager and key personnel, relationships between management team and
corporate management, and internal controls;
b. Written assessment of proposed plan of operation and its potential to meet the
City’s requirements;
c. Review of performance of services similar to those proposed by the Proposer;
d. Quality of proposed operations and maintenance plans for existing and/or
proposed facilities;
e. Proposer ability to meet implementation schedule and the soundness of the plan
for transition to operations as described in the proposal;
f. Ability and willingness to accommodate educational and public tours of the
processing facilities;
g. Commitment to developing a strong market for compost, wood mulch and other
soil products in Southeastern Michigan;
h. Commitment to equal employment opportunity; and
i. Commitment to employee and public safety.
1.13 Financial Criteria and Contractor Selection
In evaluating cost structures submitted by Proposers, the City will compile and analyze
the financial and performance inputs provided in each Cost Proposal. A financial

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City of Ann Arbor
Composting RFP # 730
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analysis for each Cost Proposal will be completed covering the full term of service with
net present value evaluations. The City will consider the Proposer’s proposed direct costs
and proposed revenue sharing associated with providing the services requested along
with balance of system costs and external costs in determining which Proposer best
meet the financial needs of the City. All proposals will be evaluated by criteria that will
include but are not limited to:
a. Bondability and insurability;
b. Verification that the proposed costs are consistent with the activities described
in the proposal and the Proposer’s operations and maintenance plans;
c. Proposed revenue sharing arrangements and costs (if any);
d. Appropriateness of the basis for unit cost escalation if any;
e. Access to relevant corporate financial records and/or audited financial
statements, and
f. Financial sensitivity to changes in service.
1.14 Bid Bond
Each Proposer is required to furnish a bid bond or cashier's check in the amount of
$10,000 to ensure that if the proposer is selected, it will enter into a performance
contract. A proposal, once submitted, becomes the property of the City. In the sole
discretion of the City, the City reserves the right to allow a bidder to reclaim submitted
documents provided the documents are requested and retrieved no later than 48 hours
prior to the scheduled bid opening.
1.15 Performance Bond
The Selected Contractor shall provide a performance bond equal to $200,000 as
Attachment B, Service Agreement Between Contractor and City of Ann Arbor. This
bond shall be provided by in compliance with Act No. 213 of the Michigan Public Acts
of 1963, as amended, being MCL 129.201 et seq. Further, the bond shall be approved
as to form by the City Attorney.
1.16 Interviews/Oral Presentation
One or more oral presentations to the City may be required prior to award of this
contract. Proposers will be notified in writing if oral presentations are to be scheduled.
1.17 Clarification and Recommendation
The City reserves the right to ask for additional information and clarification from or
about any or all of the Proposers.
The City's selection committee will submit its findings to City Council, who will make the
award for the City.

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City of Ann Arbor
Composting RFP # 730
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1.18 Rejection of Proposals
The City reserves the right to reject any and all proposals and to waive any defect which
does not materially alter the specifications or the services to be provided. The City does
not intend to necessarily award a contract solely on the basis of any response made to
this request or on the basis of the evaluation and ranking of proposals submitted
pursuant to this request.
1.19 Independent Price Determination
By submission of a proposal, the Proposer is required to certify and in the case of a joint
proposal, each party is required to certify as to its own organization, that in connection
with this proposal:
1.
The costs in the proposal have been arrived at independently, without
consultation, communication, or agreement, for the purpose of restricting competition as
to any matter relating to such costs with any Proposer or with any competitor; and
2.
Unless otherwise required by law, the costs, which have been quoted in the
proposal, have not been knowingly disclosed by the Proposer and will not knowingly be
disclosed by the Proposer prior to award directly or indirectly to any other Proposer or to
any competitor.
1.20 Competition Intended
The Contractor shall utilize best efforts to recruit and maximize the participation of all
qualified segments of the business community in subcontracting work, including the
utilization of small business enterprises.
1.21 Process for Entering into Agreement
The scope, terms and conditions of the Agreement between the Proposer and the City
shall be in substantial conformance with the terms, conditions and specifications
described in this RFP and with the proposal that is submitted by the Proposer whose
proposal is found to be the "Most Advantageous" to the City.
The Proposer should be prepared to begin contract negotiations upon notification of the
Intent to Award. If the Proposer is not able to begin contract negotiations, the City may
disqualify that Proposer.
The City reserves the right to negotiate the Agreement to include any portion or portions
of the services covered by this RFP. The City reserves the right to reject any and all
proposals in total or by components.
1.22 Changes and Addenda to RFP Documents
Each change or addenda issued in relation to this document will be on file in the office
of Resource Recycling Systems Inc.. In addition, to the extent possible, copies will be
distributed to each person registered as having received a set of RFP documents.
It shall be the Proposer’s responsibility to make the inquiry as to changes and addenda
issued. All such changes or addenda shall become part of the contract and all Proposers
shall be bound by such changes or addenda.

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City of Ann Arbor
Composting RFP # 730
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Information on all changes or addenda will be available at the office of Resource
Recycling Systems Inc. no less than five (5) working days prior to scheduled proposal
opening date.
Total bid inquiry or specific item cancellations may be issued later than the time
specified above.
1.23 Cost Liability
The City of Ann Arbor assumes no responsibility or liability for costs incurred by the
proposer prior to the execution of a Services Agreement. Total liability of the City is
limited to the terms and conditions outlined in the Services Agreement, included as
Attachment B of this RFP.
1.24 Inquiries
This RFP is issued by City of Ann Arbor Systems Planning Unit. All correspondence
regarding this RFP shall be addressed to:
Tom McMurtrie
Systems Planning, City of Ann Arbor
100 N. Fifth Ave.
P.O. Box 8647
Ann Arbor, MI 48107-8647
Phone: (734) 794-6430 x43707
Email: TMcMurtrie@a2gov.org
Fax: 734-996-3064
And copied to Resource Recycling Systems:
JD Lindeberg, PE, Principal and CFO
Resource Recycling Systems
416 Longshore Dr.
Ann Arbor, MI 48105
Phone: 734-996-1361 x241
Email: jdl@recycle.com
Fax: 734-996-5595

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City of Ann Arbor
Composting RFP # 730
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SECTION II: TECHNICAL SPECS
2.1 Background
A. Michigan Yard Waste Ban
In October 1990, the State of Michigan enacted a bill that prohibits dumping of yard
clippings (defined as leaves, grass, and brush) in Michigan landfills. The bill
specified that all yard waste generated on government property would be prohibited
in Michigan landfills starting two years after the effective date of the legislation; all
yard waste would be prohibited from Michigan landfills starting four years after the
effective date of the legislation. The government yard waste ban came into effect
on March 28, 1993, and the complete yard waste ban came into effect on March 28,
1995.
In response, many municipalities in Michigan constructed composting facilities or
contracted for composting services. The City of Ann Arbor has been composting yard
waste since 1989, long before the adopted ban. This legislation assures that there
will be a continued need for composting operations throughout the state.
B. Need for composting facility in the City of Ann Arbor
The City provides its citizens with a final disposal option for the yard waste
generated within its borders. In addition, the City generates considerable organic
debris from its own parks and tree lawns that require management within the
context of the State of Michigan yard waste landfill ban.
The City is responsible for the management and oversight of all compostables
generated within the City of Ann Arbor. In this regard, the City serves a population
of approximately 114,740 in an area of about 28 square miles.
There are approximately 22,432 occupied single family homes in the City of Ann
Arbor, and about 26,769 multi-family homes.
Provision of composting services to the commercial sector is also an important
service. Because Michigan has banned yard debris from landfills, landscapers and
lawn maintenance services need a place to dispose of yard debris and to acquire soil
products like compost. The willingness and ability of The City of Ann Arbor to
provide services to the commercial sector fills an important business and waste
management niche in the Washtenaw County area.
There is a shortage of yard waste composting capacity throughout southeastern
Michigan. Numerous municipalities and hauling companies have approached the City
to inquire about the availability of capacity for yard debris for which they are
responsible. This material has been offered to the City for a tipfee that in some

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City of Ann Arbor
Composting RFP # 730
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cases creates a good opportunity for the City facility to offset some of its own
operating costs associated with material generated within the City.
C. Property Use
The City of Ann Arbor purchased the WR Wheeler Service Center site in the late
1950’s for the purpose of creating a dump. In time it was redesigned to act as a
sanitary landfill and only in the late 1990’s was it finally decided that an expansion
was infeasible. Ultimately the landfill facility was closed for the disposal of municipal
solid waste in 1992.
Since that time the site has been used by various solid waste management and
recovery activities including material recovery, transfer, and composting. The site
continues to be a focus of Ann Arbor’s and to some extent the region’s solid waste
activities as an ongoing capital investment program involves the reconstruction of
the existing Material Recovery Facility (MRF), relocation of the Transfer Station, and
the expansion of the composting facility.
For nearly 20 years the City of Ann Arbor has owned and operated a compost facility
at the site of its closed Type II Landfill. The compost facility is part of a larger
materials recovery complex at the landfill site, now called the WR Wheeler Service
Center. WR Wheeler also includes the City’s Material Recovery Facility and Solid
Waste Transfer Station. The compost site has evolved and grown over the years,
including major windrow pad expansions in 1993 and 2006 and various equipment
upgrades.
In 2006, a series of operational relocations and expansions were undertaken at the
WR Wheeler Service Center, including activities at the compost site, such as a pad
expansion to increase capacity to 25,000 tons/year (115,000 CY).
A general site map showing planned changes is included in Attachment C, Exhibit A.
This facility shall set forth provisions for the protection of soil, air, ground, and
surface waters, both on- and off-site.
D. Compost Site Overview
The City of Ann Arbor Composting Facility is ideally situated, with natural buffers on
all sides including farm fields, roads, a railroad right of way, and wooded drain area.
The composting area is situated toward the center of a closed landfill site that has
more than 400 total acres of space. The compost windrows are located more than
500 feet away from the nearest residential neighbors. The Compost Facility is part
of the WR Wheeler Service Center that hosts a number of other functions for the
City. The functions of the 412-acre WR Wheeler Center include:

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City of Ann Arbor
Composting RFP # 730
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Ann Arbor Composting Facility – Three active composting areas occupy 3.5,
9, and 17 acres in area respectively. The new 17-acre compost pad on the
property south of the existing 9-acre composting site was constructed in 2006
and is primarily used for active windrow composting. The 9-acre site contains a
stormwater pond, tub grinding, and raw material mixing operations as well as
windrows of decomposing yard debris. The 3.5-acre site has been primarily used
for active windrow composting in the past, and was to be phased out to clear the
pad for the proposed new Drop-Off Station. However, new plans for locating the
Drop-Off Station closer to Platt Road leave the centrally located 3.5 acre pad
available for some composting and soil blending activities. However, because of
the central nature of the particular area, all activities proposed for this area will
have to be specifically approved in writing by the City or its representatives.
Ann Arbor MRF – The City of Ann Arbor Material Recovery Facility (MRF)
occupies a total site footprint of 3.25 acres including a pre-engineered metal
building of 32,000 square feet (sf). The site is accessible by an asphalt road with
concrete loading and unloading areas surrounding the building.
A truck scale and gate house that services the MRF, Transfer Station, and
compost site is located along the south side of the MRF building.
Recycle Ann Arbor (RAA) Drop-Off Station (DOS) – The DOS is a full-
service drop-off recycling station serving the Ann Arbor and Washtenaw County
area, open to the general public and small businesses. The DOS is located at the
northwest corner of the site, but accessed off of Ellsworth Road. The DOS
currently sells bulk compost and wood mulch produced at the City’s Compost
Center. Refer to Attachment C, Exhibit E for the current contract between the
DOS operator, RAA and the City. This facility is slated to be moved within the
next five years to a more permanent facility accessed further south along Platt
Road, but adjacent to the proposed WR Wheeler Compost Facility Phase B
expansion. The development of the new Drop-Off Station is contingent on the
financing of the proposed plan.
Ann Arbor Maintenance Facility – Addition of three buildings totaling
190,000 sf for vehicle maintenance was completed in 2007. The City’s existing
equipment yard services were relocated to this facility, which is located to the
west of the composting facility and is accessed off of Ellsworth Road and can be
accessed internally by the composting operations.
Ann Arbor TS – The new Transfer Station (TS) was recently constructed to the
south of MRF and operated as a Type A Solid Waste Transfer Facility The TS
building (8,000 sf plus load-out bay) displaced some composting operations
resulting in relocation of those activities beginning in 2007 to the new 17-acre
pad.

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City of Ann Arbor
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Ann Arbor Compost Equipment Storage Building – To provide compost
equipment and operator support, a new equipment storage building was be
constructed south of the Transfer Station site, south of the paved access road.
The 3,600 sf building is used for maintenance of the compost screener and
compost windrow turner and an office for the site manager. This building was
was in operation as of late 2006. This facility will be made available to the
successful Contractor for use in managing the composting operation, performing
maintenance to equipment, storing tools and other materials essential to the
operation of the composting facility, and for use as an office.
Table 2: Site Description
ACTIVITY AREA
NET LOT
AREA
(ACRES)
SITE DESCRIPTION
A
OPERATIONS AND
MAINTENANCE FACILITY
(PHASE A)
46.3
CITY MAINTENANCE FACILITY
B
WASTE TRANSFER AND
MATERIAL RECOVERY
(PHASE B)
19.8
MRF, TRANSFER STATION , COMPOST
EQUIPMENT STORAGE BUILDING AND
OFFICE, PASSIVE RECREATION: POND,
GRAVEL PIT
B
COMPOSTING (PHASE
B), NORTH OF RR
12.4
COMPOST PAD, WINDROWS, YARD
WASTE DROP-OFF, GRINDER AREA,
FINISHED COMPOST, PASSIVE
RECREATION
B
COMPOSTING, (PHASE
B), SOUTH OF RR
17.3
COMPOST PAD, WINDROWS,
DETENTION BASIN, DRAIN, PASSIVE
RECREATION
C
COMPOSTING, (PHASE
C)
34.5
AGRICULTURE, PROPOSED ORGANICS
PROCESSING
D
WASTE TRANSFER AND
MATERIAL RECOVERY
(PHASE D)
19.3
PROPOSED DROP-OFF STATION
E. Design Features
New/expanded composting operations are carried out on an engineered surface
constructed of compacted aggregate (12 inches of slag, overlaying a compacted
base of engineered fill). This type of construction makes rainfall runoff and compost
material management efficient throughout the year and ensures that the entire
facility is accessible in all weather conditions. All-weather access provided by an
engineered surface facilitates turning and promotes the quick drainage of runoff
waters from beneath the windrows. Drainage structures have also been designed to
convey water away from the windrows and direct it off-site in a manner consistent
with surface water quality regulations.

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City of Ann Arbor
Composting RFP # 730
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Stormwater runoff and leachate management is designed to minimize impact on
surrounding water resources as well as to maximize the efficiency of the site layout.
These designs were reviewed with both Pittsfield Township and Washtenaw County
technical experts to ensure compliance with local surface water quality requirements.
In the areas planned for compost windrow placement, surfaces are sloped at 1-2%
to facilitate runoff between windrows. Site operators regularly re-grade the pad
surface to manage the water runoff that can so often lead to facility odor problems.
F. Compost Site Expansion Description
The City of Ann Arbor increased its composting capabilities by creating a new 17-
acre compost pad on the property south of the existing 9-acre composting site. In
addition, the current grinding operation moved to the southern end of the current
operational pad area north of the railroad right of way. Together, these two
changes have enabled the City Composting Facility to expand its operations for the
expansion designated as Phase B. A drawing of the current site and its surroundings
is included in Attachment C, Exhibit A.
G. Operational Standards
The City has an excellent operating record at its composting facility. It is routinely
cited as an example of an excellent facility and numerous other compost site
operators visit it as an example of “best composting practices”. The compost
produced has been shown through both laboratory tests and application to be an
excellent product that can be used for a wide variety of applications (MDOT, home
gardens, and City of Ann Arbor Parks). The City will continue to implement
extensive measures to ensure that the quality of operations and final product meet
or exceed State and National standards for composting.
The successful applicant of this RFP will demonstrate a track record of “best
composting practices” and the implementation of extensive measures that ensure
the quality of operations and final product have met or exceeded State and National
standards for composting.
H. Permit Applications
As part of the site plan approval process with Pittsfield Township, the City submitted
permit applications for wetland impact to both Pittsfield Township and the MDEQ. In
addition, because the site lies adjacent to a County drain, the site plans were
submitted to the Washtenaw County Drain Commission. Together, all of these
applications were approved and the site was constructed in accordance with their
requirements. Since the disturbed area is greater than 5 acres, an NPDES Permit
through the MDEQ was also required and wetland mitigation was incorporated into
the City’s Maintenance Facility mitigation area south-west of the gravel pit to the
north.

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City of Ann Arbor
Composting RFP # 730
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On March 26, 2008, PA 212 amendment to Part 115, Solid Waste Management, went
into effect. This legislation requires certain compost sites that meet the criteria to
be registered with the MDEQ and comply with new reporting, location and operating
requirements. The City of Ann Arbor Compost Facility is an MDEQ registered site.
See Attachment C, Exhibit B for the 2008 City of Ann Arbor Compost Facility
registration form and reporting requirements. The registration is good for 3 years,
but volumes and tonnage reporting to the MDEQ must occur on an annual basis.
I.
Community Relations
Compost site planning includes effective setbacks and buffers between all neighbors
and the site. It concentrates most heavily on limiting and mitigating the effect of
operations on the neighborhood to the south and west. These setbacks and buffers
were addressed primarily in the Planned Unit Development (PUD) application that
was submitted and approved with Pittsfield Township in 2004 for the entire WR
Wheeler Center activities.
Ann Arbor maintains a clear and simple presentation of the operating standards to
which the facility will adhere to assure that composting will be carried out with
attention to preventing odor and other nuisances. This document provides both
operators and observers of the facility with a clear protocol for managing difficulties
if they arise.
J.
Use of the Closed Landfill
At no time will any area associated with the closed landfill, its cap, or previous fill
area be used for any composting activity. Not only would this activity be in violation
of the City of Ann Arbor Post-Closure Plan, it would also create operational
difficulties for the composting facility.
2.2 Scope of Services/Specifications
A. General Provisions
The following general provisions cover all services to be provided by the Contractor.
B. Compliance with Laws and Regulations
The Contractor shall operate in accordance with the regulations set forth by the
MDEQ. Specifically, Act 451 of 1994, Part 115, Solid Waste Management, as well as
Act 212 of 2007 which amends that Act with regard to composting yard clippings.
In addition, the Contractor must keep records according to Section 11521(4)(d)(ii).
Sample forms are located in the Attachment C, Exhibit B.

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City of Ann Arbor
Composting RFP # 730
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The Contractor will maintain the cleanout of the detention pond inlets and outlets in
accordance to the Stormwater Plan requirements. The Contractor will notify the City
if the ponds require non-routine maintenance/attention.
The Contractor shall be obligated to pay the City, as a penalty, Two Hundred and
Fifty dollars ($250) for each calendar day of occurrence for failure to maintain the
integrity of the wetland protection fence. The Contractor will be liable for all civil
and criminal fines levied against the City as a result of any violations.
The Contractor shall, at its sole cost and expense, obtain and maintain throughout
the term of the agreement all permits, licenses, and approvals necessary or required
for it or its employees and agents to perform work and services described (City or
Contractor to maintain MDEQ permits, pay fees).
C. Railroad Right of Ways
The City has obtained a lease agreement with the Ann Arbor Railroad for the two
crossings over the railroad right-of-way (ROW). The City will be responsible for
maintaining the lease and notifying the Ann Arbor Railroad when the Contractor takes
over Compost Facility operations.
The City will maintain the signage identifying the wetland areas near the Railroad ROW
crossings in accordance to the wetland permit. The Contractor will be responsible to not
disturb the wetland areas.
2.3 Contract Term
The term of this Agreement shall commence on the effective date of the Agreement.
The initial organics processing contract, should any be awarded, is anticipated to begin
on January 1, 2010. The proposed term of the Contract for Compost Facility Operation
Services is for five (5) years with options for two (2) one-year renewals, at the City’s
sole discretion.
The Proposer's response to this Request for Proposal (RFP) will be made a part of the
contract with the City. Terms and Conditions, substantially in the form contained herein,
shall be included in the Agreement between the City and the successful Proposer. In
this Section, "Proposer" is referred to as "Contractor."
Unless otherwise stated by the Proposer in the response to this RFP, the Proposer
agrees to the following Contract Terms and Conditions, which will become part of the
subsequently negotiated contract.
A. Subcontracting
None of the work or services covered by this Agreement shall be subcontracted,
except as set forth herein, without the prior written approval of the City of Ann
Arbor. Any work or services subcontracted hereunder shall be specified by written
contract or agreement and shall be subject to each provision of this Agreement.

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City of Ann Arbor
Composting RFP # 730
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B. Assignment of Contract
The contractor shall not assign any interest in this Agreement, and shall not transfer
any interest in the same, whether by assignment or novation, without the prior
written consent of the City of Ann Arbor.
C. Evaluation, Reports, Information, and Audits
The Contractor agrees to participate fully in all evaluation activities initiated by the
City. The Contractor, at such times and in such form as the City of Ann Arbor may
require, shall furnish the City of Ann Arbor such reports as may be requested
pertaining to the work and services undertaken pursuant to this Agreement, the
costs and obligations incurred or to be incurred in connection therewith, and any
other matters covered by this Agreement. The Contractor shall retain all financial
and administration records for a period of three years after the expiration or
termination of this Agreement, and shall permit the City of Ann Arbor or any of its
representatives or auditors access to such records.
D. Confidentiality
The Contractor, its agents, and its employees, will keep and retain any and all
information and records generated under this Agreement in the strictest confidence
and will neither use such information or records nor disclose such information or
records to anyone without the explicit written permission of the City of Ann Arbor.
The Contractor warrants that it has and will continue to have safeguards in place to
assure that such information and records are kept confidential by the Contractor, its
agents, and its employees.
E. Proprietary Materials
The City of Ann Arbor acknowledges that in the course of performing
services, the Vendor may use products, materials, or propriety
methodologies. The City of Ann Arbor agrees that it shall have or obtain no
rights in such propriety products, materials, and methodologies except
pursuant to a separate written agreement executed by the parties.
The Vendor acknowledges that in the course of performing services for the
City of Ann Arbor, the materials and information produced for the City of Ann
Arbor are the exclusive properties of the City of Ann Arbor and may not be
disseminated in any manner without prior written approval of the City of Ann
Arbor.
F. Warranty
The Contractor warrants that the services to be provided by it hereunder will be
performed in a good, timely, and professional manner by qualified staff and in
accordance with generally accepted professional end-users.

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City of Ann Arbor
Composting RFP # 730
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G. Independent Contractor
The Contractor shall perform all work and services described herein as an
independent contractor and not as an officer, agent, servant or employee of the City
of Ann Arbor. Contractor shall have exclusive control of and the exclusive right to
control the details of the services and work performed hereunder and all persons
performing the same and shall be solely responsible for the acts and omissions of its
officers, agents, employees, contractors and subcontractors, if any. Nothing herein
shall be construed as creating a partnership or joint venture between the City of Ann
Arbor and Contractor. No person performing any of the work or services described
hereunder shall be considered an officer, agent, servant or employee of the City of
Ann Arbor, nor shall any such person be entitled to any benefits available or granted
to employees of the City of Ann Arbor.
H. Certification as to Non-Debarment
The Contractor certifies that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in the transaction covered by this Agreement. The Contractor
acknowledges and agrees that if it or its principals is/are presently debarred then it
shall promptly return to the City any funds received pursuant to this Agreement. In
such event, any materials received by the City pursuant to this agreement shall be
retained as liquidated damages.
I. Law to Govern
The Agreement is entered into and is to be performed in the State of Michigan, City
of Ann Arbor and Contractor agrees that the law of the State of Michigan shall
govern the rights, obligations, duties and liabilities of the parties to this Agreement
and shall govern the interpretation of this Agreement and jurisdiction for any claim
or lawsuit arising or resulting from this Agreement shall be Michigan courts and the
venue or place for such lawsuit shall be Washtenaw County, Michigan.
J. Forum Selection
The Contractor and its successors and assigns acknowledge and agree that all state
courts of record sitting in Washtenaw County, Michigan, shall be the exclusive forum
for the filing, initiation, and prosecution of any suit or proceeding arising from or out
of, or relating to, this Agreement, or any amendment or attachment thereto,
including any duty owed by the Contractor to the City in connection therewith.
K. Entirety
This Agreement and the Exhibits attached hereto contain the entire Agreement
between the parties as to the matters contained herein. Any oral representations or
modifications concerning this Agreement shall be of no force and effect.

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City of Ann Arbor
Composting RFP # 730
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L. Scale Access Requirements
The Contractor will have access to the Material Recovery Facility scale which is
operated by City staff. It is open for use weekdays 7:00 am to 4:00 pm.
The scale operation has the following capabilities:
o Full and empty weights of incoming vehicles.
o Full and empty weights of outgoing vehicles.
o Provide paper weight tickets for each delivered load (if the scale is improperly
working or in need of maintenance, the Contractor will be responsible for material
weighing, including payment at an alternative location and will need to provide a
weight ticket).
o Have ability to enter required data into City owned web-based data management
tool (software upgrades may be required for Contractor to transfer data).
o Provide reports including data download that will assist the Contractor in meeting
the requirements outlined in Section 2.13.
o Have controlled access and security, such that theft of materials is effectively
prevented, employing use of security systems (alarms, cameras, etc.) as needed.
o Accommodate incoming material at a rate such that trucks delivering City
compostables are able to approach the site, enter, weigh in, unload all materials and
depart the site with a turn-around time of less than 30 minutes (inclusive of actual
time ejecting load).
The Contract will provide for liquidated damages should the Contractor fail to accept
City yard debris or source separated food waste materials at its Composting Facility
site at any time during the term of the Contract.
A site plan showing the entry road, scale area, composting related processing
stations, and other site features is provided as part of this RFP solicitation. Where
the Proposer believes that changes in the layout and location of various processing
stations could be changed in order to improve overall facility efficiency, these
changes may be proposed. Preference will be given to those Proposals that
minimize the capital cost requirements associated with site and other capital facility
changes.
M. Conflict of Interest
• No officer, employee, or agent of the City of Ann Arbor who exercises any
functions or responsibilities in connection with the planning and carrying out of
the program, nor any immediate family member, close business associate, or
organization which is about to employ any such person, shall have any personal
financial interest, direct or indirect, in the Contractor or in this Agreement and
the Contractor shall take appropriate steps to assure compliance.
• The Contractor agrees that it will not contract with any subcontractor in which it

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City of Ann Arbor
Composting RFP # 730
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has any personal financial interest, direct or indirect. The Contractor further
covenants that in the performance of this Agreement no person having any
conflicting interest shall be employed.
• The Contractor agrees not to engage in activities on behalf of the City that
produce a direct or indirect financial gain for the Contractor other than the
agreed-upon compensation, without the City's informed, prior, written consent.

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City of Ann Arbor
Composting RFP # 730
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2.4 Material Delivery
A. Source, Volume, and Type of Incoming Materials
Collection system:
City-collected material is delivered to the existing composting site in
one of two ways. Seasonal yard debris that is collected curbside is
delivered in side loading compactor vehicles. Fall leaf material is
collected primarily in rear loading packer trucks and dump trucks.
Sources of Incoming
Material:
City of Ann Arbor Residential Curbside Collection
City of Ann Arbor Commercial Collection
City of Ann Arbor Parks and landscaping
City of Ann Arbor Drop-Off Station
Private Waste Haulers
University of Michigan
Private landscapers/contractors
Adjacent communities and private haulers
Local restaurants and grocery stores
Table 3: Total Quantities (Tons/Year)
2003
2004
2005
2006
2007
Yard Debris
5,003
4,481
7,374*
8,968
16,095
Leaves
4,843** 5,206
4,843**
4,843**
4,481
Food
66
62
55
43
43
Christmas Trees
93
75
75
105
66
Other (non-scale)
1,250
1,250
1,250
1,250
1,250
Total 11,255 11,074 13,598
15,209
21,934
* Increase in Yard Debris tonnage due to Private Haulers
** Data not available, so estimated tonnage based on 2004 and 2007 average.

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City of Ann Arbor
Composting RFP # 730
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At the time of this RFP, actual data on 2008 tonnage levels were not yet available,
therefore the numbers provided are based on estimates prepared by City Staff and RRS.
While City cannot guarantee tonnage levels, the City does guarantee to grant the
successful Proposer exclusive rights as the sole private service provider of compostables
processing.
WMI currently receives approximately 20,000 tons of yard waste per calendar year from
the Central Wayne Communities. In order to assist the City in its planning, and for such
purposes only, the following chart represents the anticipated delivery schedule:
Table 4: Monthly Delivery Schedule
Jan <1%
Less than 200 tons
Feb <1%
Less than 200 tons
Mar <1%
Less than 200 tons
Apr 9-11% 1,800-2,200 tons
May 15-16% 3,000-3,200 tons
Jun 13-16% 2,600-3,200 tons
Jul 8-15% 1,600-3,000 tons
Aug 10-11% 2,000-2,200 tons
Sep 7-10% 1,400-2,000 tons
Oct 7-10% 1,400-2,000 tons
Nov 20-30% 4,000-6,000 tons
Dec ~2%
Less than 400 tons
B. Processing and Delivery Schedule
All compostables collected by the City shall be delivered only to the compost
processing facility, located at 4170 Platt Rd, Ann Arbor, MI. This facility will be
available to receive compostables collected as part of this program and as part of
any approved merchant composting activity carried out by the selected Contractor
five (5) days per week July through March, and six (6) days a week April through
June.
The hours will be Monday – Friday 8:00 am – 4:00 pm. During the months of
April, May, and June, the facility should also be open Saturdays 8:00 am –
12:00 pm.
C.
Holidays
The delivery of City collected compostables to the Composting facility will be delayed
by one day on the following holidays if that major holiday falls on a week day: New
Year's Day, Martin Luther King Day, Presidents’ Day, Memorial Day, Fourth of July,

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City of Ann Arbor
Composting RFP # 730
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Labor Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. The City shall be
responsible for determining the alternate collection day and for publicizing any
changes in collection schedules due to observance of the above holidays and for
informing the Contractor of the change in schedule.
D. Storms and Other Disasters
In case of a storm or other disaster, the Contract Administrator or the designee may
inform the Contractor that additional volumes of yard debris material will be
delivered to the facility by regularly scheduled collections and/or special collectors
who are hired specifically to collected downed trees or other materials requiring
processing at the composting facility. soon as practicable after such storm or
disaster, the Contractor shall advise the Contract Administrator or the designee of
the estimated time that special deliveries will continue.
E. Delivery of Yard Debris and Other Organics to Designated Facility
The City will direct all of its collected compostables to the processing site. In
addition to all other remedies provided herein, the City will retain the right to
terminate their contractual arrangements with organics Processing contractors, on
fifteen (15) days written notice, if they fail to accept City collected yard debris or
source separated food waste organics as set forth above.
The City will pay the contractually specified tipfee to the Processing Contractor for
compostables delivered to the Designated Facility as part of this program. Title to all
compostables shall pass to the Processing Contractor when delivered to the
processing site. Once processed, the City may wish to purchase compost, wood
chips, or other products for landscaping or other uses. Upon acceptance of the
compostables, title to those compostables shall transfer to the City and/or its
Contracted agent at no additional cost. Any loads rejected by the Processing
Contractor according to the delivery standards specified herein or otherwise modifled
by the final contract shall remain the full responsibility of the City.
Acceptable Materials: All bulk delivered yard debris materials contained in self-unloading
vehicles should be accepted at the site. Larger dimensional lumber,
tree branches and trunks and other large woody materials may be
accepted on a case-by-case basis. Small trucks and personal
vehicles should be directed to the Drop-Off Station (DOS) for tipping
in order to preserve safe operating conditions at the composting
facility.
Distribution/pick-up: Bulk distribution (requiring loading by front end loader) of both
finished compost and mulch may be made at the discretion of the
Contractor. Smaller quantities (by the bushel or pickup truck load)
may be sold by the Contractor or Recycle Ann Arbor at the Drop-Off
Station.
Current Tip Fees:
The current City Compost Facility Tip Fee Rates and Resolution are
included in Attachment C – Exhibit C.

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City of Ann Arbor
Composting RFP # 730
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Current Sales Prices
The current City material sales Rate Sheet in included in Attachment
C – Exhibit D.
F. Product Marketing and Distribution
The City of Ann Arbor currently produces fully stabilized compost. Successful
production requires that the details of the site management plan be closely followed.
The City adheres to the highest industry standards in producing its compost. The
end market for the City’s composted material includes both public and private sector
users. Ann Arbor concentrates on selling to bulk and residential buyers in both
sectors to ensure all of its materials are marketed quickly to local users. Some of
the total produced is reserved for Recycle Ann Arbor use in blending and mixing of
special soil products, “designer mixtures” aimed directly at landscaping professionals.
The selected Contractor shall endeavor to develop a variety of markets for finished
compost that maximizes the marketplace value of the material and ensures that all
incoming material is sold within 12 months of coming onsite.
G. Special Provisions for Acceptance and Receipt of Materials
The following specific provisions are provided for Organics Processing Services to be
provided by the Contractor:
• Processing Contractor must be able to accommodate incoming material at a rate
such that trucks delivering City materials are able to approach the site, enter,
weigh in, unload all materials and depart the site with a turn-around time of less
than 30 minutes (inclusive of actual time ejecting load).
• In addition, the Processing Contractor must be able to process all incoming
material such that it operates in compliance with the requirements outlined in
Attachment C, Exhibit B. MDEQ requirements for incorporation of materials into
windrows).
• Cleanup of trash that arrives onsite as a result of the dumping process,
documenting trash that was delivered by the City, outside contractor, or other
site customer.
H. Compost Facility Maintenance and Utilities
The selected Processing Contractor will receive sole right to use the Compost
Storage and Maintenance Building. The selected Contractor will be responsible for
maintaining the building, its associated equipment, and the surrounding grass,
pavement, and sidewalks to a level that meets the common practice on the rest of
the site. In addition, selected contractor will be responsible for all utilities costs
(including but not limited to electricity, gas, water, sewer, telephone, internet),
facility insurance (according to City of Ann Arbor standards as listed elsewhere in
this document).

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I. Compost Facility Equipment and Safety
The selected Processing Contractor shall furnish all Processing equipment to
complete the Service Order Schedule. All vehicles shall be kept in good repair,
appearance and in a sanitary condition at all times. The Processing Contractor will
annually supply the City with an inventory of the equipment being used to service
this contract.
All equipment and facilities used by the Processing Contractor shall be subject to
inspection for sanitation, safety and appearance and subject to approval or rejection
by the Contract Administrator at anytime. Unsafe equipment may be immediately
ordered off the site by the Contract Administrator. Inspected equipment deemed
unsanitary or whose appearance does not meet city specifications must be replaced
or placed in a proper condition by the Processing Contractor as soon as is reasonably
possible or within 3 working days, whichever is less.
2.6 Processing Personnel
Processing Contractor shall furnish such qualified drivers, equipment operators
mechanical, supervisory, clerical and other personnel as may be necessary to provide
the services required in a safe, economical and efficient manner. Personnel shall operate
environmentally safe and clean equipment and facilities, in compliance with all
applicable State laws. The ultimate goal is to meet and exceed customer expectations,
environmental regulations and City Council directives, for efficient solid waste
management services.
As part of the proposal, the proposer will include the company standards for driver
requirements, behavior standards, uniform standards and drug testing, preferably from
the company employee handbook.
2.7 Compost Facility Operational Services
For Compost Facility Services required for the commercial compostables Processing
program, the following services will be provided.
A. Receiving of City of Ann Arbor residentially generated curbside yard debris
B. Receiving of City of Ann Arbor residentially generated leaves
C. Receiving of City of Ann Arbor generated source separated organics (food waste)
D. Receiving of University of Michigan generated source separated organics (food
waste)
E. Receiving of merchant generated yard debris and leaves
F. Receiving of commercially generated source separated organics
G. Receiving of clean wood waste
H. Processing of current inventory of partially composted Ann Arbor Compost
Facility material.
I. Marketing of current inventory of existing completely composted Ann Arbor
Compost Facility material
J. Marketing of future inventory of completely composted material

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Composting RFP # 730
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K. Management all WR Wheeler properties designated as existing composting areas,
future composting areas, and agricultural areas .in a manner that maximizes
their benefit to the City of Ann Arbor according to the following priority:
a. Value-added composting and organics utilization (e.g. more composting,
colorization, blending, bulk sales)
b. Bio-energy production (anaerobic digestion)
c. Food production (organic urban farming, conventional agriculture)
d. Eco-system services (carbon sequestration and utilization, wetland
banking, species preservation)
2.8 Compost and Soil Product Marketing
It is the intention of the City of Ann Arbor to engage a contractor that is capable of
accomplishing a compost and soil marketing program that can achieve the following
outcomes:
A. Supply the City of Ann Arbor sufficient wood chip, soil product and compost to
meet its demand needs,
B. Supply the demand of citizens of the City of Ann Arbor for sufficient wood chip,
soil product and compost to meet their demands,
C. Supply current and future Drop of Station (DOS) sales needs for wood chip, soil
product and compost products,
D. Complete such value added operations (e.g. chip colorizing, bagging, other
innovative farm, garden, or landscape uses for compost) in a manner that
maximizes the value of the sold product and builds a long term, robust
marketplace for the Ann Arbor soil and compost brand.
2.9 Acceptable Technologies
The City of Ann Arbor will consider proposals from any offerer who proposes to utilize
either aerobic or anaerobic biological conversion technologies for the processing of
organic materials and the Composting Facility. Under no circumstances will any thermal
conversion technologies be entertained.
2.10 Acceptable End Markets
The City of Ann Arbor encourages the end use of its incoming organic stream as
products with the highest value application possible. Acceptable uses include but are
not limited to the following:
A. Biofuel in the form of methane or other energy source developed by digestion
processes,
B. Waste heat from the methanogenisis,
C. Finished, stabilized compost, (bagged or unbagged)
D. Blended soil product (mixed compost, sand and/or topsoil)
E. Potting mix (bagged or unbagged)
F. Shredded wood
G. Colorized shredded wood (bagged or unbagged)
H. Turf topdressing
I. Agricultural soil enhancement

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Use of final product from the facility as Alternate Daily Cover, or other use in a landfill is
not acceptable.
2.11 Information Technology
For this program the City will manage the incoming and outgoing flows of materials
through the City scale and such Customer Service Center databases and programs as
are required for monthly and annual reporting of flow tonnages, tipfee collections, and
material sales. The final IT protocol will be negotiated between the City and the
Composting Contractor.
2.12 Carbon Asset Management
As described in Section 2.8, the City will record the recovery the amount of organic
materials from the landfill. This effort will result in the elimination of carbon dioxide and
other gasses to the atmosphere. If the City decides to monetize the carbon emission
credits, the City will retain all ownership of carbon credits and other eco-system service
benefits. The City may engage with external consultants to measure the avoided
emissions.
2.13 Reporting and Invoicing
The Contractor will be expected to provide monthly, quarterly, and annual reports as
part of their regular invoicing cycle. Non-submittal of reports will result in non-payment
of invoices.
Invoice Documentation Requirements:
• Daily paper weight tickets for each incoming load, showing at a minimum the
chronological ticket number, location, date, time, truck number, type and source
(e.g. City, Institution, Commercial) of material collected, and weight of material
in pounds and tons.
• Daily paper weight tickets for each outgoing load that is greater than 2.0 CY
(one, non-self dumping pickup truck load) in volume. Pickup truck and
automobile outgoing loads to be reported as estimates of total volume and
submitted on a separate ticket.
• Dated summary electronic reports in a format acceptable to City sent on
monthly, quarterly, and yearly basis showing the itemized tabulation of the same
data as above along with tonnage reports on end-products marketed by tons
(with product type – e.g. insulation) and overall residue rate.
• Monthly calculations, with supporting data as required for any revenue sharing
arrangement formulas (e.g. calculation of a weighted average commodity
revenue).

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Invoicing must be accompanied by monthly, quarterly, and annual reports that include
the information outlined above in the reporting format below.
Reporting Components:
• Incoming material flows by source (e.g. City of Ann Arbor, University of
Michigan, etc.) including but not limited to:
o Curbside yard debris
o Fall leaf
o Source separated organics
o Residential source separated organics
o Institution source separated organics
o Commercial source separated organics
o Other materials TBD
• Outgoing material flows by end use (e.g. City of Ann Arbor, Drop-off
Station, etc.) including but not limited to:
o Finished, stabilized compost (bagged and unbagged)
o Other soil products
o Mulch (by type)
o Colorized mulch
o Biofuel
o Other products TBD
• All tipfees by date and type of material
• Material sales revenues by date and type of material
• Composting activities including:
o Quantity of material processed
o Type of processing
o Odor, noise, or visual complaints from neighbors
• Injuries
Annual Reporting Requirements for City Fiscal Year (July 1 – June 30):
• Summary of monthly reports
• Documentation to ensure compliance with bio-fuels requirement
• Summary of Preventative Maintenance and Repairs schedule
Additional Reporting Requirements:
• Quarterly reports.
• Additional data as needed for the City to complete the MDEQ “Composting
Facility Annual Reporting Form” at the end of the State of Michigan’s fiscal
year (October 1 – September 30) and to submit the form within the
mandatory timeframe.
• Additional data as required by the MDEQ for the “Composting Facility
Operational Records” (see Attachment C, Exhibit B).

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2.14 Changes to Facility
City Design Changes
The City shall have the right to require changes to the design of the compost facility
during the term of this Operating Contract. If any change adversely affects Contractor's
costs, guarantees, warranties, Product revenues and/or any other obligations set forth in
the Construction Contract or the Operating Contract, or affect Contractor's costs of
operations and maintenance of the compost facility, the affected number or standard
shall be appropriately adjusted to reflect the increased costs or changed circumstances.
Changes in Design or Construction
Contractor shall be solely responsible for the design, construction and installation of any
Design Change required by the City. The City shall be responsible for all costs of
changes in design, construction and installation of all approved changes to the compost
facility.
Contractor Design Changes to Compost Facility
Contractor shall have the right to make changes to the compost facility, at its sole cost
and expense, but only after written notice to the City containing detailed information
concerning the changes and expected effects on Contractor's guarantees of performance
and only to the extent that the changes (i) do not adversely affect Contractor's
guarantees of the compost facility’s performance set forth in the Contracts, (ii) do not
impair the quality and integrity of the compost facility as set forth in the plans and
specifications of this Operating and Management Contract, and (iii) do not impair
Contractor's ability to fulfill all of its obligations under the Construction Contract. The
City must consent in writing before Contractor may proceed with any work relating to
the change, which consent shall not be unreasonably withheld.
Impact of Design Changes
With respect to any changes requested by the City pursuant to Section 9.01, Contractor
shall furnish the City with (i) a statement of work, (ii) a firm price quotation for design
and installation, and (iii) the effect, if any, on the Performance Guarantees set forth in
Schedule 1 of this service Contract. Should the City and the Contractor be unable to
agree to a firm price for design and installation the City may still require the Design
Change to be completed and pay the Contractor its Direct Costs for the Design Change.
Protection and Clean Up
The contractor must maintain control of the site during all phases of the operation and
clean up all areas following completion of the pad, detention facility, and associated
roadway accessways. The contractor must provide trash removal of all materials and
equipment used or brought to the project site by the contractor. The contractor must
dispose of all waste products in an approved manner and in accordance with Federal,
State and local environmental protection regulations. The contractor must restore
adjacent affected areas to the pre-application condition, or as may be agreed to with the
City. No equipment shall be left to stand overnight that would block access to any
compost operation, building or other facility.

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2.15 Contract Administration
The Contractor shall designate a particular individual for contact by the Contract
Administrator or their authorized representative. All dealings, problems of contract
interpretation, other contact, etc., between the Contractor and the City shall be
conducted through the Contractor's designee and the Contract Administrator.
The City’s Contract Administrator or their authorized representative will evaluate work
performed under this contract. The Contract Administrator will determine the amount,
quality, acceptability of materials, and fitness of the work to be paid for under the
contract. The Contract Administrator will decide all questions which may arise in relation
to the work and related matters. The City's decisions shall be final and conclusive,
except as otherwise expressly provided in the contract and the Dispute Resolution
Process as outlined in the Service Agreement in Attachment B.
The Contractor and the Contract Administrator will meet quarterly at a minimum, to
discuss contract issues and review the monthly reports. The Contractor will also provide
written responses and reports to questions from the Contract Administrator, whenever
requested.
This agreement may be terminated by either party in the case of a breach of this
agreement by the other party, as outlined in the Service Agreement in Attachment A.
2.16 Contract Incentives, Disputes and Liquidated Damages
The City and the Processing Contractor will negotiate an incentive system to encourage
the Contractor to promote organics recovery and to help the City and the program
achieve high levels of Service Quality and Customer Satisfaction. The Organics Diversion
incentive system will be tied to the tonnage of Compostables delivered to the City’s
Designated Facility by the City and the Quantity and price of Compost Marketed,
Revenue Sharing and Residue Rates for processing that material.
Contractor must comply with MDEQ Compost Registration requirements as outlined in
Attachment C, Exhibit B that give guidance for on site management, odor control, and
other nuisance issues.
It is expected that neighbor complaints will be resolved quickly and without incident.
The Processing Contractor will be notified in writing by the Contract Administrator about
any persistent or continued complaints of service or odor by the customers or neighbors.
The Processing Contractor will respond within 48 hours in writing to the complaints and
offer course of action to resolve them.
If the complaints persist, the Processing Contractor and the Contract Administrator will
convene a Dispute Resolution Meeting as outlined in the Service Agreement in
Attachment B. At the meeting the issues will be discussed in detail. The result of the
meeting will be a statement signed by both parties with a course of action to resolve the
complaints.

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If the complaints still persist, the following schedule of liquidated damages will apply:
1. Failure or neglect to correct chronic site management or odor problems (chronic
shall mean three or more similar incidents) – each instance: up to $1,500.
2. Failure to provide Commercial Waste Processing within twenty four (24) hours of
request by the City (per occurrence): up to $500.
3. Processing of Solid Waste from any premise that has not been approved by City (per
occurrence, per premise): up to $500.
4. Failure to report an accident, incident or complaint by close of business on the same
day: up to $1,500 per occurrence; up to $2,500 per additional day until resolved.
5. Failure to submit complete, accurate reports and invoices in the specified format:
Nonpayment of invoice until submission of an accurate and appropriately formatted
invoice is received.
6. If, during the performance of their duties, any employee of the Contractor is found
to possess or be under the influence of alcohol or illegal drugs or to be under the
influence of any prescription drug which could impair the employee’s ability: $100.00
per employee, per occurrence.
The liquidated damages will only be assessed after continued violations after a Dispute
Resolution Meeting.
The liquidated damages provided for herein are not considered as penalties and were
not calculated in contemplation or anticipation that the Contractor would default. In the
event the Contractor does default or abandon the project, the City reserves the right to
collect from the Contractor or its surety, in addition to the liquidated damages, the
actual damages incurred by the City as a result of the default or abandonment.
The assessment of liquidated damages shall be determined by the Contract
Administrator or the designee and deductions made from the payment each month to
the Contractor. The decision of the Contract Administrator or the designee in the matter
will be binding. The Contractor may at their option initiate the dispute resolution process
included in the service agreement.
2.17 Educational Facility and Tours
Contractor shall make the composting facility reasonable available for tours by the City.
City will provide 48-hours notice and will adhere to customary composting facility safety
guidelines. Contractor, in the course of carrying out the requirements of the Contract,
will have the ability to utilize the educational facilities located at the MRF on an “as
available” basis.

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SECTION III: SUBMITTALS AND REQUIREMENTS
Proposers will submit a Technical and Cost Proposal package consisting of three sections. The
three sections, with more detailed requirements following, are:
• Section I:
Proposal Summary
• Section II:
Technical Proposal (including Form A-8 sealed inside in a separate
envelope.
o Commercial Compostables Processing Services
o Equipment Management Services
• Section III: Cost Proposal(s)
A proposal checklist and required forms are contained in Attachment A: Forms and
Checklist.
3.1 Proposal Summary
The Proposal Summary section is intended to serve as the document which proposal
evaluators can use to quickly understand technical, business and cost aspects of the
proposal. The items listed in the following subsections are required elements of the
Proposal Summary. The Proposal Summary must be submitted with the Technical
Proposal.
3.2 Content and Form Proposals
The proposal must be signed by a person who has legal authority to contractually bind
the Proposer. Proposers shall submit one (1) signed original and ten (10) complete
copies.
The Proposal shall include, but is not limited to, the following and must be presented in
the following order:
3.3 Submission Requirements and Forms
Proposer will submit a Technical and Cost Proposal package consisting of three sections.
The three sections, with more detailed requirements following, are:
• Section I:
Proposal Summary
• Section II:
Organics Processing Technical Proposal
• Section III:
Organics Processing Cost Proposal
A. Bid Bond
All Technical and Cost Proposals must be accompanied by the bid bond or letter of
credit as described in Section 1.7

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B. Proposal Authorization Signature
The Transmittal/Certification letter must be signed by an officer of the proposing
organization empowered to sign a document that commits the Proposer to the
obligations in the proposal.
C. Introduction to Proposal
Proposers should provide an overview of their proposal including a brief summary of
the Proposer, their services, corporate ownership, resources, track record and ability
to meet the needs of the City as expressed in this RFP.
D. Technical Proposal
The Technical Proposal is intended to serve as the document which proposal
evaluators can use to quickly assimilate all technical and business aspects of the
proposal. The items listed in the following subsections are required elements of the
Technical Proposal.
E. Proposer’s Statement of Organization (Form A-1)
Complete Form A-1, provided in Attachment A: Technical Proposal Forms and
Checklist. Form A-1 is a required form, showing the Proposer’s organization, that
must be completed as part of the Proposal. The questions that are not applicable
should be included and marked “Not Applicable”. The purpose of the form is not
intended in any way to limit the type, quality or quantity of data and information
supplied by the Proposer. Attach additional sheets if more space is required. If
Form A-1 is not completed in full it may result in disqualification.
F. Proposer’s Qualifications (Form A-2)
Form A-2 is a required form, showing the Proposer’s relevant experience in the
operation of a composting facility and the marketing of the resulting product. The
purpose of this form is to provide the technical reviewers with a summary
understanding of the experience that the Proposer has in completing the tasks
identified in this RFP
G. Key Project Staff Members (Form A-3)
Provide resumes for the 3 key staff members who will be working on this project.
Indicate who specifically will be managing the contract and would be the main
contact for the City’s Contract Administrator. Also indicate who will be the main
operations director and main person responsible for product sales and marketing for
the project.
H. Incoming Material Quantities and Handling Protocols (Form A-4)
Form A-4 is a required form that asks for information pertaining to the Proposer’s
projected incoming material expectations and management approach (including the
RFP requirements for weighing and reporting). Each Proposer is expected to provide
processing for a base amount that includes the current yard debris and bulk leaf
volumes. Additional merchant derived materials may be added to the amount of

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material to be processed and should be presented in the appropriate table on Form
A-4. Information pertaining to the Proposer’s planned approach for managing
incoming materials is also required.
I. Processing/Marketing Services Proposal – Work Summary (Form A-5)
Proposers should provide a condensed description of the proposed composting
receiving, processing, and marketing operations services. The description should be
complete from the point of receiving material all the way to final shipping, marketing
and reporting. Use Form A-4 along with supplemental information as required to
explain how the proposed operations will be carried out in a manner that is
consistent with best composting management practices.
At a minimum, the Proposer shall describe the following items in the work plan:
1. Equipment Utilization – The Proposer may use both City and privately owned
equipment for the proposed composting operations. In order to provide the City
with information pertaining to fuel use, maintenance, and equipment
depreciation, the Proposer shall identify the planned annual use (in hours) of the
proposed equipment.
2. Proposed Size Reduction, Mixing and Windrowing Protocols –including
description of the planned usage of City owned equipment, the addition of
Proposer provided equipment, deployment of staffing, and seasonal changes in
operations. Detail of the base area requirements windrows containing City
materials and expanded (if any) area requirements for windrows containing
merchant materials;
3. Proposed Windrow Turning/Combination and Monitoring – including
description of the planned usage of City owned equipment, the addition of
Proposer provided equipment, deployment of staffing, and seasonal changes in
operations. Information concerning the strategy for volume reduction and
windrow combination will be relevant if the Proposer suggests a increase in the
volumes of incoming materials. Attach a drawing of the active composting areas
and their proposed uses if necessary;
4. Curing, Screening and Finishing – including description of the planned usage
of City owned equipment, the addition of Proposer provided equipment,
deployment of staffing, and seasonal changes in operations;
5. Marketing, Sales and Value-Added Activities – including description of the
planned usage of City owned equipment, the addition of Proposer provided
equipment, deployment of staffing, and seasonal changes in operations.
Provide supporting documents showing demand for finished produce will ensure
that all incoming material can be removed from the site within in a year of its
arrival. Preference will be given to proposers who suggest higher value (both
social and economic) uses for compost.
J. Land Stewardship, Agriculture, and Eco-Systems Services (Form A – 6)
The Ann Arbor Compost Facility is contained within the WR Wheeler Service Center.
The Center encompasses a variety of uses ranging from City of Ann Arbor Wheeler

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Operations Center to a closed landfill. Besides composting, waste transfer and
recycling, a significant acreage of the property remains unused in the form of both
fallow farm land and forest. Proposers are encouraged to view these resources as a
means to “close the loop” on organics recovery in the City. For instance, utilization
of the agricultural land for “local” food cultivation, wetland development, and carbon
positive agricultural land and forest husbandry practices would all be encouraged.
K. Exceptions to Agreement (Form A-7)
Complete Form A-8 if Proposer intends to take any exceptions to the program
specifications set forth in the RFP documents or other terms and/or requirements of
the proposed Agreement. Instructions contained as part of Form A-6 indicate that
Proposers are to prepare the Cost Proposal forms based on the program
specification set forth in the RFP documents without considering any exceptions that
may be set forth on this form. In the event the Proposer takes exception to the RFP
specifications they may set forth those exceptions in the manner described in Form
A-7.
L. Financial Qualifications (Form A – 8) (To be sealed separately and opened
in the event that the City begins negotiations with the Proposer)
Proposers must provide a description of relevant Financial Qualifications as
described below. The City will make best efforts, but make no representation that
it will be able to maintain total confidentiality of Proposer’s financial information. A
Proposer that submits financial information that asks to have that information
treated as confidential should submit a statement justifying the request, cross
reference it in the proposal and label such confidential information as a separate
attachment, clearly identifying it as confidential. At all times, the City will comply
with the provisions of the Michigan Public Records Act as required by state law.
Financial information to be included with the Proposal includes:
1. The proposed Proposer’s summary financial statements for the past three fiscal
years. These statements must include, at a minimum, statements of financial
position and changes in financial position.
2. If the entity that will sign the Agreement has a parent company or is proposing
a joint venture, the parent company or joint venture company(ies) must also
provide financial statements for the most recent three fiscal years. The parent
company must provide a statement indicating its intent and means to provide
financial assurance of performance.
3. If the entity that will sign the Agreement has been in existence less than three
years, the Proposer must provide sufficient financial data to substantiate, to the
satisfaction of the City, the Proposer’s financial capability and viability of the
entity.
4. In addition to the financial statements, the Proposer must provide a statement
from the Chief Financial Officer indicating that there has been no material
change in the financial circumstances of the proposing entity (or its parent
company or owners if they are providing financial assurance of performance)
since the date of the last audited financial statements.

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5. Financing of the services and equipment will be the sole responsibility of the
successful Proposer. Proposer must demonstrate that it can provide the required
financing from either 1) internally generated funds or 2) commitments from
external sources.
6. Disclose any changes or contemplated changes in the structure of the firm (e.g.
mergers, spin-offs, and acquisitions) that may impact its financial condition.
The City reserves the right to require submission by Proposer, at no cost to the City,
of certified audited financial statements for the Proposer, and/or an opinion by a
Certified Public Accountant with regard to the financial status of such Proposer,
including ownership of, or interest in, equipment and facilities prior to award of an
Agreement.
M. Safety Compliance and History Form (Form A - 9)
The City places a high value on the workers who will be working on the premises of
the Wheeler Center, whether City employees or those of its selected Contractors.
Therefore Proposers shall provide information pertaining to OSHA violations and
their resolution and Worker’s Compensation Claim History including the workers'
compensation safety factor, EMR (experience modification rating).
N. Litigation History (Form A – 10)
1. The Proposer must provide a history for the last five (5) years of all claims,
settlements, arbitrations, litigation proceedings, and civil actions involving
$100,000 or more, and all criminal legal actions in which the company, its parent
company, subsidiaries, all partners, or principals were involved. For each case,
the Proposer must provide the following:
• The name of the claim, arbitration, litigation or action
• The amount at issue or the criminal charges alleged, and
• The status or final disposition of the case.
2. The Proposer must also provide details of any current or threatened legal actions
in Michigan (or any other state) against the Proposer or its parent company,
subsidiaries, all partners, principals, or joint venture company(ies) by a
governmental entity contracting with the Proposer or its parent company for
services relating to solid waste management, or against such a government
entity by the Proposer or its parent company or joint venture company(ies). For
each action, the Proposer must provide the following:
• The name of the action and the court in which the action is pending
• The action number and the amount at issue.
3. The Proposer shall provide a list of all enforcement actions taken against it
during the last five (5) years by any regulatory agency such as, but not limited
to, the United States Environmental Protection Agency, the Michigan Department
of Environmental Quality or a Local Enforcement Agency. The list shall include
name of the regulatory agency and the date of enforcement action.

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4. The Proposer shall inform the City if it has had a permit, franchise, license,
entitlements or business licenses that have been revoked or suspended in the
last five (5) years.
5. The Proposer must list any claims against a Bid or Performance Bond and the
results or any contractual defaults or termination over the last five (5) years.
O. Recycled Content Requirement (Form A – 11)
Proposers shall conform with City submittal requirements for recycled waste paper
content.
3.4 Cost Proposals
Each Proposer shall submit a Cost Proposal for Processing Services and Compost Facility
Services that includes all cost information as identified and described below.
A proposal checklist and required forms are contained in Attachment A: Cost Proposal
Forms and Checklist.
A. Compost Equipment Lease and Own Costs (Form A-12)
The Compost Equipment Lease and Own Costs Form must be filled out in full in
order to have evaluate the cost options for equipment use and preventative and
routine maintenance. Price quotes are per unit as specified in the form. All prices
quoted are for services as described in this RFP unless the Proposer submits specific
exceptions as part of Technical Proposal Form A-7: Exceptions.
B. Composting Processing Services Cost and Revenue Share Cost (Form A-
13)
The Processing Cost Proposal must be filled out in full in order to have the cost
proposals evaluated as part of the Contractor selection process. Price quotes are per
unit as specified in the form. All prices quoted are for services as described in this
RFP unless the Proposer submits specific exceptions as part of Technical Proposal
Form A-7: Exceptions.
C. Proposer’s Signature Page (Form A-14)
The Processing Cost Proposal Signature Page must be signed by an officer of the
proposing organization empowered to sign a document that commits the Proposer to
the price quotes stated in the Processing cost .

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CITY OF ANN ARBOR
DEPARTMENT OF
SOLID WASTE MANAGEMENT
Request for Proposals
Composting Facility Operations
ATTACHMENT A
TECHNICAL AND COST PROPOSAL FORMS
The following forms attempt to coincide with the required information contained within the
proposal. The forms are not inclusive of the information Proposer is responsible for providing.
It is the responsibility of the Proposer to comply with providing the requested information.
The City of Ann Arbor reserves the right, after proposals have been submitted, to meet with any
Proposer to gain clarification of their proposal.

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REQUEST FOR PROPOSAL
CITY OF ANN ARBOR
COMPOSTING FACILITY OPERATIONS
Technical and Cost Proposal Checklist
Checklist:
Proposal Summary
Transmittal/Certification Letter with Signature
Introduction to Proposal
Bid Bond
Technical Proposal
Form A-1: Statement of Organization
Form A-2: Proposer’s Qualifications
Form A-3: Key Staff Members
Form A-4: Incoming Material Quantities and Handling Protocols
Form A-5: Processing/Marketing Services Proposal – Work Summary
Form A-6: Land Stewardship, Agriculture, and Eco-System Services
Form A-7: Exceptions to Agreement
Form A-8: Financial Qualifications
Form A-9: Safety Compliance and History Form
Form A-10: Litigation History
Form A-11: Certificate of Recycled Paper Content
Cost Proposal
Form A-12: Compost Equipment Lease and Own Costs
Form A-13: Composting Processing Services Cost and Revenue Share
Form A-14: Cost Proposal Signature Page
This form must be signed by an individual authorized to commit the Proposer’s firm to the Agreement in
the manner set forth below.
Signature:
Type Name:
Title:
Date:
Please note that if exceptions are taken, all required information, as set forth above must be submitted.

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Attachment A: Form A-1
Proposer’s Statement of Organization
1. Full Name of Business Concern (Proposer):
2. Principal Business Address:
3. Principal Contact Person(s) for this Proposal (name and title):
Direct Phone Number (or Cell Phone):
Email Address:
4. Form of Business Concern (Corporation, Partnership, Joint Venture, Other):
5. If a corporation, in What State Incorporated and Date of Incorporation:
State:
Date:
6. If a Joint Venture or Partnership, Provide Date of Agreement:
Date:

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TECHNICAL PROPOSAL FORM A-1 CONTINUED
7. Provide names of partners or officers as appropriate and indicate if the
individual has the authority to sign in name of Proposer. Provide proof of the
ability of the individuals so named to legally bind the Proposer:
Name
Address
Title
8. List all firms participating in this project (including staffing companies,
equipment providers, maintenance firms, bagging contractors, colorizers, and
landscapers, etc.)
Name
Address
1.
2.
3.
4.
9. Outline specific areas of responsibility for each firm listed in Question 8.
Name
Responsibilities
1.
2.
3.
4.
10. Identify the provisions of any agreement between parties which assigns legal
or financial liabilities or responsibilities:

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11. If responding firm(s) are a partially or fully-owned subsidiary of another firm,
or share common ownership with another firm, please identify the parent firms
and the relationships:

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Attachment A: Form A-2
Proposer’s Qualifications
1. Number of Employees at this location or relevant regional locations:
2. Annual Sales at this location or relevant regional locations:
3. Primary line of business:
4. Identify relevant composting operations experience.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
5. Identify relevant organics marketing and soil blending operations experience.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
6. Identify other relevant experience that suggests useful qualifications for this project.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

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Attachment A: Form A-3
Key Staff Members’ Resumes
Proposer’s Staffing
1. Organizational Chart: Attach an organizational chart(s) for the Proposer’s staff,
showing for each Service Type the necessary staffing by position, number of staff per
position and organizational responsibilities of each staff position and qualifications
required for each position.
2. Professional/Management Staff Resumes: For professional or management level staff
that will be responsible for providing services, provide a detailed resume indicating the
individual(s) areas of expertise and experience. Resumes must be provided in the
following format, however additional information may be provided at the option of the
Proposer.
1. Names and Title
2. Project Assignment
3. Name of Company working for:
4. Years Experience with:
This Company:
With Other Similar Companies:
5. Education:
Degrees:
Year and Specialization:
6. Professional References: (List a minimum of 3)
7. Other Relevant Experience and Qualifications
List Names and Titles of Attached Professional/Management Staff Resumes:
1. Name
Title
2. Name
Title
3. Name
Title
4. Name
Title

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Attachment A: Form A-4
Incoming Materials Protocol
1. Total Incoming Material: Annually the City delivers curbside collected yard debris
(primarily grass and small brush) to the Composting Facility. Historically, additional
quantities of yard debris have also been delivered to the site from private haulers. The
historical quantities of materials delivered to the City Compost Facility are shown in Table
3. The City estimates that disposal of both yard debris and leaves from with the City will
remain approximately constant going forward for the next five years. The Proposer shall
complete the following table which shows the quantities of yard debris, leaves, and other
source separated organics that they anticipate will be delivered to the site during
proposed operations.
Material Type
Yr. 1
Y. 2
Yr. 3
Yr. 4
Yr. 5
City Bulk Leaves
4,500
4,500
4,500
4,500
4,500
City Yard Debris
4,500
4,500
4,500
4,500
4,500
Total City
9,000
9,000
9,000
9,000
9,000
Merchant SSO
Merchant Leaves
Merchant Yard Debris
Total Merchant
Grand Total
Total Compost
Marketed
2. Incoming Material Management: Describe the means and methods that will be
employed to manage incoming material on a daily basis. Include a description where
appropriate that differentiates between the approaches for management of the different
types of material (attach an additional sheet if necessary).

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Composting RFP # 730
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Attachment A: Form A-5
Compost Processing/Marketing Protocols – Work Summary
1. Equipment Utilization: A wide variety of equipment is necessary for the operation
of a composting facility. The equipment currently utilized by the City will be made
available to the contractor for their use. The Proposer may also choose to utilize its own
equipment instead of or in addition to the city-owned equipment.
City Owned Equipment
Description
Used
Annual Hrs
Tub Grinder
Morbark 1200XL, 2003
Y / N
Windrow Turner Scarab 18HYD 525D5, 2004
Y / N
Screener Erin Star Screener 300, 1999
Y / N
Front End Loader
John Deere 624J, 2005
Y / N
Front End Loader
John Deere 624J, 2007
Y / N
Dump Truck
Ford F8000, 1995
Y / N
Dump Truck
Ford LT8513, 1997
Y / N
Flat Bed Ford F800, between 1991 &
1997
Y / N
Light Duty Truck F-250 4X4 Crew Cab, 2008
Y / N
Light Duty Truck
GMC 1500, 2006
Y / N
Snow Play Western, 7.5 Pro Poly Ultra,
2007
Y / N
Watering Truck
Mack MR688, 2000
Y / N
Air Compressor
Sullair, 185DPQJD, Air
Compressor, 2006
Y / N
Proposer Owned
Equipment
Description
Annual Hrs

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Composting RFP # 730
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TECHNICAL PROPOSAL FORM A-5 CONTINUED
1. Equipment Utilization (con):
Proposer Owned
Equipment
Description
Annual Hrs
If the Bidder does not suggest any material or equipment alternate, the Bidder MUST complete
the following statement:
For the work outlined in this request for bid, the bidder does NOT propose any material or
equipment alternate under the contract.
Signature of Authorized Representative of Bidder
2. Size Reduction, Mixing and Windrowing: Briefly describe the proposed approach
to grinding, debagging (if needed), mixing and windrowing including the type of
equipment that will be used, the typical steps required, and the layout of the site to
accomplish this task.. Give particular attention to how the existing site will be used
including the need for additional operational area beyond that already available. Provide
calculations to show that the quantities of incoming material conform to MDEQ
requirements pertaining to compost operations intensity (e.g. CY/acre limitations).
3. Windrow Turning/Combination and Monitoring: Briefly describe the proposed
approach to windrow turning/combination and monitoring the decomposing organic
matter. Describe frequency of operational activities, measurement tools, devices, and
standard practices.

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Composting RFP # 730
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TECHNICAL PROPOSAL FORM A-5 CONTINUED
4. Curing, Screening and Finishing: Briefly describe the proposed approach to
curing, screening and finishing the decomposition process of the organic matter. Identify
the location of the activities, their respective area requirements and tools and standard
practices necessary to inform these activities.
5. Marketing, Sales and Value-Added Activities: Briefly describe the proposed
approach to marketing, sales and value-added activities (e.g. soil blending, colorizing)
that will enable the proposer to ensure that all of the incoming organic material is
completely processed and removed from the site on a timely basis. Details that show
practices that accomplish the highest and best use of these organics materials will be
given special attention.

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Attachment A: Form A-6
Land Stewardship, Agriculture, and Eco-System Services
1. WR Wheeler Service Center: Proposers are encouraged to identify strategies to
upgrade the fallow agricultural and/or the adjacent forest land to uses that accomplish
the goal of “closing the loop” on organics recovery in the City of Ann Arbor. Creative
strategies to increase cash flows while improving global and local air, water, and eco-
system quality are greatly encouraged.

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Composting RFP # 730
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Attachment A: Form A-7
Exceptions to RFP Specifications and Service Agreement
Proposers are to prepare the Cost Proposal forms based on the program specifications set forth in the
RFP documents without considering any exceptions that may be set forth on this form.
In the event the Proposer takes exception to the RFP specifications they may set forth those exceptions
in the following manner.
1. The exceptions are to be presented on a paper whose pages are titled, “Form G: Exceptions to
Agreement”
2. Each exception must be presented separately by stating the specific exception, the suggested
changes to the program related to the exception, the suggested changes in the Agreement
language related to the exception, the manner in which the proposed change would benefit the
City, the customers or both, and the specific dollar change in each of the various service rates, as
proposed by the Proposer in this RFP, that would take place if the exception was accepted by the
City.
3. The exceptions must be followed with the following language without exception.
“Except as set forth above, Proposer is in complete agreement with the proposed
terms, conditions and business arrangements described in the RFP including the
attached Agreement. The Proposer assumes the risk of all conditions foreseen or
unforeseen and agrees to provide the services set forth in the Agreement under
whatever circumstances may develop other than as herein provided.”
4. This form must be signed by an individual authorized to commit the Proposer’s firm to the
Agreement in the manner set forth below.
Signature:
Type Name:
Title:
Date:
Please note that if exceptions are taken, all required information, as set forth above
must be submitted.

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Composting RFP # 730
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Attachment A: Form A – 8
Financial Qualifications Form
Proposers are to prepare the Financial Qualifications forms based on the project specifications
set forth in the RFP documents. The Proposer shall place all of required information in a
separate sealed envelope and labeled an itemization of the contents.

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Composting RFP # 730
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Attachment A: Form A – 9
Safety Compliance and History Form
Proposers are to prepare the Safety Compliance and History forms based on the project
specifications set forth in the RFP documents. Proposer may utilize additional sheets of paper,
Labeled Form A-9, setting forth the required information.

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Composting RFP # 730
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Attachment A: Form A – 10
Litigation History
Proposers are to prepare the Litigation History form based on the project specifications set forth
in the RFP documents. Proposer may utilize additional sheets of paper, Labeled Form A-9,
setting forth the required information.

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Composting RFP # 730
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Attachment A: Form A-11
Certificate of Recycled Paper Content
All proposals must be submitted double-sided on fifty percent (50%) total recycled waste paper
content with ten percent (30%) post consumer minimum with an accompanying electronic
version either emailed or submitted on portable media such as CD.
In connection with submitting this proposal, I attest that the requirement for use of recycled
paper content has been met and submit the attached as proof of said requirement.
Name & Signature
Title
Company Name
Attach documentation as necessary here:

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Composting RFP # 730
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Attachment A: Form A-12
Compost Equipment Lease or Own Costs
Equipment Model/Type/
Acquisition Date
Purchase Price
($)
Proposed Contract
Purchase Price ($)
Proposed Contract
Lease* Price ($/yr)
Tub Grinder
Morbark 1200XL, 2003
$372,550
Windrow
Turner
Scarab 18HYD 525D5,
2004
$259,856
Front End
Loader
John Deere 624J, 2005
$181,300
Front End
Loader
John Deere 624J, 2007
$151,950
Dump Truck
Ford F8000, 1995
$ 71,785
Dump Truck Ford LT8513, 1997
$ 76,808
Flat Bed
Ford F8000, between
1991 & 1997
$ 69,175
Light Duty
Truck
F-250 4X4 Crew Cab,
2008
$ 23,380
Light Duty
Truck
GMC 1500, 2006
$ 12,757
Snow Plow
Western 7.5 Pro Poly
Ultra, 2007
$ 3,899
Compost
Screener
Erin 300 Compost
Screen, 1999
$188,470
Air
Compressor
Sullair 185DPQJD, Air
Compressor, 2006
$ 10,251
Watering
Truck
Mack MR688, 2000
$162,666
TOTAL**
* Costs shall include any routine or preventative maintenance and parts. The Contractor
shall cover all labor, parts and material costs associated with routine or preventative
maintenance. The Contractor shall preserve all maintenance records for duration of the
contract. The City will make quarterly inspections of all equipment and rolling stock to
review maintenance records and equipment status.

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Composting RFP # 730
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Attachment A: Form A-13
Composting Processing Services Cost and Revenue Share
The Cost Proposal table must be filled out in full in order to have the cost proposals evaluated
as part of the Contractor selection process. The material volume totals used in the Cost
Proposal table MUST be the same as those presented in Form A-4, Incoming Material Quantities
and Handling Protocols.
Material (tons/yr)
Yr. 1
Y. 2
Yr. 3
Yr. 4
Yr. 5
City Bulk Leaves
4,500
4,500
4,500
4,500
4,500
City Yard Debris*
4,500
4,500
4,500
4,500
4,500
Total City
9,000
9,000
9,000
9,000
9,000
Tipfee for City Leaves
($/ton)
Tipfee for City Yard
Debris ($/ton)
Total City Cost ($)
Merchant SSO
Projected SSO Tipfee
($/ton)
Merchant Leaves
Projected Leaf Tipfee
($/ton)
Merchant YW Debris
Projected YW Tipfee
($/ton)
Total Merchant
(tons)**
Merchant Revenues
($)
% share to City
Total Share to City ($)

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Composting RFP # 730
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Compost Marketed
(tons)
Projected Market
Revenue ($/ton)**
% Revenue Share to
City
Total Share to City ($)
*Quantities include small amounts of Source Separated Organics (SSO).
** Merchant & Market quantities are considered estimates and are used to compare cost
proposals.

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Attachment A: Form A-14
Proposer’s Signature Page
PROPOSER SIGNATURE PAGE
Company Name:
Address:
Address:
City/State/Zip:
Phone Number:
Fax Number:
The undersigned has examined the complete Request for Proposals and its requirements
contained in this solicitation and are submitting the following Technical and Cost Proposal in full
compliance with those requirements.
By submission of a proposal, the vendor is required to certify as to its own organization, that in
connection with this proposal:
a.
The costs in the proposal have been arrived at independently, without consultation,
communication, or agreement, for the purpose of restricting competition as to any
matter relating to such costs with any Proposer or with any competitor; and
b.
Unless otherwise required by law, the costs that have been quoted in the proposal have
not been knowingly disclosed by the vendor and will not knowingly be disclosed by the
vendor prior to award directly or indirectly to any other Proposer or to any competitor.
AUTHORIZED SIGNATURE:
The undersigned states that this price quote is submitted in full compliance with the provision
of the RFP to which this Technical and Cost Proposal is a response:
Signature:
Name/Title:
Date:

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CITY OF ANN ARBOR
DEPARTMENT OF
SOLID WASTE MANAGEMENT
Request for Proposals
Composting Facility Operations
ATTACHMENT B

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Attachment B
SERVICE AGREEMENT BETWEEN
CONTRACTOR
AND
CITY OF ANN ARBOR
The City of Ann Arbor, a Michigan municipal corporation, having its offices at 100 North Fifth Avenue,
Ann Arbor, Michigan 48104 (“CITY”) and,
, a
_______________________,having its offices at
("CONTRACTOR"),
Type of Business
Address
agree as follows:
The Contractor agrees to provide services to the City under the following terms and conditions:
I.
DEFINITIONS
Administering Service Area/Unit means the
.
Contract Administrator means the
, acting personally or through any
assistants authorized by the Administrator/Manager of the Administering Service Area/Unit
Project means ____________________________.
II.
DURATION
This agreement shall become effective on
, and shall remain in effect until
satisfactory performance of all services or
, whichever occurs first, unless terminated for
breach or as provided in this agreement.
III.
SERVICES
A. General Scope: The Contractor agrees to furnish all of the materials, equipment and labor
necessary; and to abide by all the duties and responsibilities applicable to it for the Project in
accordance with the requirements and provisions of the following documents, including all
written modifications incorporated into any of the documents, which are incorporated as part
of this Contract:
Contract and Exhibits
Proposal No. ________ and Addenda (if applicable)
Proposal of Contractor, dated ___________
The contract documents are complementary and what is called for by any one shall be binding.
The intention of the documents is to include all labor and materials, equipment and transportation
necessary for the proper execution of the Project. Materials or work described in words that so
applied have a well-known technical or trade meaning have the meaning of those recognized
standards.

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In case of a conflict among the contract documents listed above in any requirement(s),
the requirement(s) of the document listed first shall prevail over any conflicting
requirement(s) of a document listed later.
B.
Quality of Services: The Contractor’s standard of service under this agreement
shall be of the level of quality performed by businesses regularly rendering this
type of service. Determination of acceptable quality shall be made solely by the
Contract Administrator.
C.
Compliance with Applicable Law: The Contractor shall perform its services under
this agreement in compliance with all applicable laws, ordinances and
regulations.
D.
Location: The Contractor shall provide all of these services with the City of Ann
Arbor.
IV. RELATIONSHIP OF PARTIES
A.
The parties to this agreement agree that it is not a contract of employment but is
a contract to accomplish a specific result. Contractor is an independent
contractor performing services for the City. Nothing contained in this agreement
shall be deemed to constitute any other relationship between the City and the
Contractor.
B.
The Contractor certifies that it has no personal or financial interest in the project
other than the fee it is to receive under this agreement. The Contractor further
certifies that it shall not acquire any such interest, direct or indirect, which would
conflict in any manner with the performance of services under this agreement.
Further Contractor agrees and certifies that it does not and will not employ or
engage any person with a personal or financial interest in this agreement.
C.
Contractor does not have any authority to execute any contract or agreement on
behalf of the City, and is not granted any authority to assume or create any
obligation or liability on the City s behalf, or to bind the City in any way.
D.
Contractor certifies that it is not, and shall not become, overdue or in default to
the City for any contract, debt, or any other obligation to the City including real
or personal property taxes. City shall have the right to set off any such debt
against compensation awarded for services under this agreement.
V. COMPENSATION OF CONTRACTOR
A.
The Contractor shall be paid on the basis of the Fee Schedule submitted as part
of RFP #674. The City will indicate in writing to the Contractor which of the
options from the Fee Schedule will be selected.. Payment shall be made within
30 days of receipt of invoice by the Contract Administrator. It is understood and
agreed between the parties that the compensation stated above is inclusive of
any and all remuneration to which the Contractor may be entitled.

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VI. INSURANCE; INDEMNIFICATION
A.
The Contractor shall procure and maintain during the life of this Contract,
including the guarantee period and during any warranty work, such insurance
policies, including those set forth below, as will protect itself from all claims for
bodily injuries, death or property damage which may arise under this Contract;
whether the acts were made by the Contractor or by any subcontractor or
anyone employed by them directly or indirectly. The following insurance policies
are required:
1.
Worker's Compensation Insurance in accordance with all applicable state
and federal statutes. Further, Employers Liability Coverage shall be
obtained in the following minimum amounts:
Bodily Injury by Accident - $500,000 each accident
Bodily Injury by Disease - $500,000 each employee
Bodily Injury by Disease - $500,000 each policy limit
2.
Commercial General Liability Insurance equivalent to, as a minimum,
Insurance Services Office form CG 00 01 07 98. The City of Ann Arbor
shall be an additional insured. There shall be no added exclusions or
limiting endorsements including, but not limited to: Products and
Completed Operations, Explosion, Collapse and Underground coverage or
Pollution. Further, the following minimum limits of liability are required:
$1,000,000 Each occurrence as respect Bodily Injury Liability or
Property Damage Liability, or both combined.
$2,000,000 Per Job General Aggregate
$1,000,000 Personal and Advertising Injury
$2,000,000 Products and Completed Operations Aggregate
3.
Motor Vehicle Liability Insurance, including Michigan No-Fault Coverages,
equivalent to, as a minimum, Insurance Services Office form CA 00 01 07
97. The City of Ann Arbor shall be an additional insured. There shall be
no added exclusions or limiting endorsements. Coverage shall include all
owned vehicles, all non-owned vehicles and all hired vehicles. Further,
the limits of liability shall be $1,000,000 for each occurrence as respects
Bodily Injury Liability or Property Damage Liability, or both combined.
4.
Umbrella/Excess Liability Insurance shall be provided to apply excess of the
Commercial General Liability, Employers Liability and the Motor Vehicle coverage
enumerated above, for each occurrence and for aggregate in the amount of $1,000,000.

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B.
Insurance required under VI.A.2 and A.3 of this Contract shall be considered
primary as respects any other valid or collectible insurance that the City may
possess, including any self-insured retentions the City may have; and any other
insurance the City does possess shall be considered excess insurance only and
shall not be required to contribute with this insurance. Further, the Contractor
agrees to waive any right of recovery by its insurer against the City.
C.
In the case of all Contracts involving on-site work, the Contractor shall provide to
the City before the commencement of any work under this Contract
documentation demonstrating it has obtained the above mentioned policies.
Documentation must provide and demonstrate an unconditional 30 day written
notice of cancellation in favor of the City of Ann Arbor. Further, the
documentation must explicitly state the following: (a) the policy number; name
of insurance company; name and address of the agent or authorized
representative; name and address of insured; project name; policy expiration
date; and specific coverage amounts; (b) any deductibles or self-insured
retentions which shall be approved by the City, in its sole discretion; (c) that the
policy conforms to the requirements specified. An original certificate of insurance
may be provided as an initial indication of the required insurance, provided that
no later than 21 calendar days after commencement of any work the Contractor
supplies a copy of the endorsements required on the policies. Upon request, the
Contractor shall provide within 30 days a copy of the policy(ies) to the City. If
any of the above coverages expire by their terms during the term of this
Contract, the Contractor shall deliver proof of renewal and/or new policies to the
Administering Service Area/Unit at least ten days prior to the expiration date.
D.
Any insurance provider of Contractor shall be admitted and authorized to do
business in the State of Michigan and shall carry and maintain a minimum rating
assigned by A.M. Best & Company’s Key Rating Guide of “A-“ Overall and a
minimum Financial Size Category of “V”. Insurance policies and certificates
issued by non-admitted insurance companies are not acceptable unless approved
in writing by the City.
E.
To the fullest extent permitted by law, for any loss not covered by insurance
under this contract, Contractor shall indemnify, defend and hold harmless the
City, its officers, employees and agents harmless from all suits, claims,
judgments and expenses including attorney’s fees resulting or alleged to result,
in whole or in part, from any act or omission, which is in any way connected or
associated with this contract, by the Contractor or anyone acting on the
Contractor’s behalf under this contract. Contractor shall not be responsible to
indemnify the City for losses or damages caused by or resulting from the City’s
sole negligence.
VII. COMPLIANCE REQUIREMENTS
A. Nondiscrimination. The Consultant agrees to comply with the nondiscrimination
provisions of Chapter 112 of the Ann Arbor City Code and to take action to
assure that applicants are employed and are treated during employment in a

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manner that provides equal employment opportunity and tends to eliminate any
inequality based upon race, national origin or sex. The Consultant agrees to
comply with the provisions of Section 9:161 of Chapter 112 of the Ann Arbor City
Code, Exhibit A
B.
Wages: Under this Contract, the Contractor shall conform to Chapter 14 of Title
I of the Code of the City of Ann Arbor as amended; which in part states "...that
all craftsmen, mechanics and laborers employed directly on the site in connection
with said improvements, including said employees of subcontractors, shall
receive the prevailing wage for the corresponding classes of craftsmen,
mechanics and laborers, as determined by statistics for the Ann Arbor area
compiled by the United States Department of Labor. At the request of the City,
any contractor or subcontractor shall provide satisfactory proof of compliance
with the contract provisions required by the Section." Where the Contract and
the Ann Arbor City Ordinance are silent as to definitions of terms required in
determining contract compliance with regard to prevailing wages, the definitions
provided in the Davis-Bacon Act as amended (40 U.S.C. 278-a to 276-a-7) for
the terms shall be used.
Further, to the extent that any employees of the Contractor providing services
under this contract are not part of the class of craftsmen, mechanics and
laborers who receive a prevailing wage in conformance with Section 1:319 of
Chapter 14 of Title I of the Code of the City of Ann Arbor, the Contractor agrees
to conform to Chapter 23, Living Wage, of Title I of the Code of the City of Ann
Arbor, as amended. The Contractor agrees to pay those employees providing
Services to the City under this Agreement a “living wage,” as defined in Section
1:815 of the Ann Arbor City Code; to post a notice approved by the City of the
applicability of Chapter 23 in every location in which regular or contract
employees providing services under this agreement are working; to maintain
records of compliance; if requested by the City, to provide documentation to
verify compliance; to take no action that would reduce the compensation, wages,
fringe benefits, or leave available to any employee or person contracted for
employment in order to pay the living wage required by Section 1:815; and
otherwise to comply with the requirements of Chapter 23. A copy of selected
provisions of Chapter 23 of the Ann Arbor City Code is attached as Exhibit B.
The current living wage rates under Section 1:815 of the Ann Arbor City Code, as
adjusted in accordance with Section 1:815(3) of the Ann Arbor City Code, is
$10.33 an hour for a covered employer that provides employee health care to its
employees and $11.96 an hour for a covered employer that does not provide
health care to its employees.
VIII. WARRANTIES BY CONTRACTOR
A.
The Contractor warrants that the quality of its services under this agreement
shall conform to the level of quality performed by professionals regularly
rendering this type of service.

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B.
The Contractor warrants that it has all the skills and experience necessary to
perform the services it is to provide pursuant to this agreement. The Contractor
may rely upon the accuracy of reports and surveys provided to it by the City
except when defects should have been apparent to a reasonably competent
contractor or when it has actual notice of any defects in the reports and surveys.
IX. TERMINATION OF AGREEMENT; RIGHTS ON TERMINATION
A. Failure of the Contractor to collect and transport the materials required to be
collected pursuant to the contract documents or failure of the Contractor to perform
the work in the manner required to be performed pursuant to the contract
documents shall constitute a breach of the contract, provided such failure is not due
to war, insurrection, riots, or act of God.
B. If the Contractor fails to collect and transport the materials required to be collected
pursuant to the contract or fails to perform the work in the manner required to be
performed pursuant to the contract documents, the City may take the following
actions, at its discretion:
1. The City shall give the Contractor written notice of the breach and an
opportunity for corrective action within three (3) consecutive working/Processing
days or other period of time decided by the City. If the Contractor fails to
correct the breach within the time provided after the written notice, the City may
terminate the contract for breach of contract by the Contractor and all liability of
the City under the agreement to the Contractor shall cease.
2. If the Contractor has had repeated or cumulative breaches of the contract, the
City may terminate the contract immediately.
3. If the Contractor collects and transports a mix of materials not covered by this
contract with compost materials collected and transported under the terms of
this contract, such action shall be a breach of the contract for which the City may
terminate the contract immediately.
4. If the City terminates the contract for breach by the Contractor, the City may
take over compost Processing operations and shall be free to negotiate with
other Contractors for the performance of the work. A contract entered into with
another Contractor shall not release the Contractor of its liability to the City for
breach of this contract, including any excess costs resulting from the breach.
5. If the Contractor fails to collect and transport materials required to be collected
pursuant to the contract, the City may perform the compost Processing
operations that the Contractor failed to perform and shall be free to negotiate
with other contractors for the performance of the work. Any and all operating
expenses incurred by the City in so doing may be deducted from compensation
to the Contractor.
C. Neither a decision by the City not to take action nor the failure of the City to take

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action in the event of a breach by the Contractor shall constitute a waiver of the
City’s right to take action in the event of a subsequent breach by the Contractor.
D. The City reserves the right to terminate the contract at any point during the term
should funds not be appropriated for these services as part of the budget process for
the fiscal years following June 30, 2008.
E. If contracting services are terminated for reasons other than the breach of the
agreement by the Contractor, the Contractor shall be compensated for reasonable
time spent and reasonable quantities of materials used prior to notification of
termination.
X. OBLIGATIONS OF THE CITY
A.
The City agrees to give the Contractor access to staff and City owned properties
as required to perform the necessary services under the agreement.
B.
The City shall notify the Contractor of any defects in the services of which the
City has actual notice.
XI.
ASSIGNMENT
A.
The Contractor shall not subcontract or assign any portion of the services
without prior written consent to such action by the City.
B.
The Contractor shall retain the right to pledge payment(s) due and payable
under the agreement to third parties.
XII. NOTICE
All notices and submissions required under the agreement shall be by personal delivery
or by first-class mail, postage prepaid, to the address stated in this agreement or such
other address as either party may designate by prior written notice to the other. Notice
shall be considered delivered under this agreement when personally delivered to the
Contract Administrator or placed in the U.S. mail, postage prepaid to the Administering
Service Area/Unit, care of the Contract Administrator.
XIII. DISPUTE RESOLUTION PROCESS
The City and the Contractor agree to first use the following process to resolve disputes
about issues related to the performance of this contract. If an issue arises requiring
resolution, either party shall initiate this dispute resolution process by notifying the other
party and scheduling a meeting. The meeting shall serve as a fact finding opportunity
to identify the issue, clarify the problem, review the applicable contract provisions
relating to the issue, discuss alternative remedies, and agree upon a means of dispute
resolution. The parties shall make a good faith effort to complete the agreed-upon
tasks within 30 days of the initial dispute resolution meeting, or specify an alternative

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schedule and deadline for resolving the issue. This dispute resolution process shall be
considered as one alternative to the City imposing liquidated damages. Nothing in this
contract section, Dispute Resolution Process, shall be construed or implied to reduce,
eliminate or otherwise affect the rights of the City or the Contractor to use any and all
other means of legal remedies.
XIV. EXTENT OF AGREEMENT
This agreement represents the entire understanding between the City and the
Contractor and it supersedes all prior representations or agreements whether written or
oral. Neither party has relied on any prior representations in entering into this
agreement.
This agreement may be altered, amended or modified only by written amendment
signed by the Contractor and the City.
XIV. SEVERABILITY OF PROVISIONS
Whenever possible, each provision of this agreement will be interpreted in a manner as
to be effective and valid under applicable law. However, if any provision of this
agreement or the application of any provision to any party or circumstance will be
prohibited by or invalid under applicable law, that provision will be ineffective to the
extent of the prohibition or invalidity without invalidating the remainder of the provisions
of this agreement or the application of the provision to other parties or other
circumstances.
XV. CHOICE OF LAW
This agreement shall be construed, governed, and enforced in accordance with the laws
of the State of Michigan. By executing this agreement, the Contractor and the City agree
to venue in a court of appropriate jurisdiction sitting within Washtenaw County for
purposes of any action arising under this agreement.
FOR CONTRACTOR
FOR THE CITY OF ANN ARBOR
By ________________________
Its:
By________________________
John Hieftje, Mayor
By________________________
Jacqueline Beaudry, City Clerk

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Approved as to substance
By ____________________________
Roger W. Fraser, City Administrator
By___________________________
Service Area Administrator
Approved as to form
________________________________
Stephen K. Postema, City Attorney

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EXHIBIT A
FAIR EMPLOYMENT PRACTICE
The Contractor, its agents or sub-contractors, shall comply with all requirements of Chapter 112
of Title IX of the Code of the City of Ann Arbor and in particular the following excerpts
therefrom:
9:161 NONDISCRIMINATION BY CITY CONTRACTORS
(1)
All contractors proposing to do business with the City of Ann Arbor shall satisfy
the nondiscrimination administrative policy adopted by the City Administrator in
accordance with the guidelines of this section. All contractors shall receive
approval from the Director prior to entering into a contract with the City, unless
specifically exempted by administrative policy. All City contractors shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment in a manner which provides equal employment
opportunity and tends to eliminate inequality based upon race, national origin or
sex.
(2)
Each prospective contractor shall submit to the City data showing current total
employment by occupational category, sex and minority group. If, after verifying
this data, the Director concludes that it indicates total minority and female
employment commensurate with their availability within the contractor's labor
recruitment area, i.e., the area from which the Contractor can reasonably be
expected to recruit, said contractor shall be accepted by the Director as having
fulfilled affirmative action requirements for a period of one year at which time
the Director shall conduct another review. Other contractors shall develop an
affirmative action program in conjunction with the Director. Said program shall
include specific goals and timetables for the hiring and promotion of minorities
and females. Said goals shall reflect the availability of minorities and females
within the Contractor's labor recruitment area. In the case of construction
contractors, the Director shall use for employment verification the labor
recruitment area of the Ann Arbor-Ypsilanti standard metropolitan statistical
area. Construction contractors determined to be in compliance shall be accepted
by the Director as having fulfilled affirmative action requirements for a period of
six (6) months at which time the Director shall conduct another review.
(3)
In hiring for construction projects, contractors shall make good faith efforts to
employ local persons, so as to enhance the local economy.
(4)
All contracts shall include provisions through which the Contractor agrees, in
addition to any other applicable Federal or State labor laws:
(a)
To set goals, in conference with the Human Resources Director, for each
job category or division of the work force used in the completion of the
City work;

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(b)
To provide periodic reports concerning the progress the Contractor has
made in meeting the affirmative action goals it has agreed to;
(c)
To permit the Director access to all books, records and accounts
pertaining to its employment practices for the purpose of determining
compliance with the affirmative action requirements.
(5)
The Director shall monitor the compliance of each contractor with the
nondiscrimination provisions of each contract. The Director shall develop
procedures and regulations consistent with the administrative policy adopted by
the City Administrator for notice and enforcement of non-compliance. Such
procedures and regulations shall include a provision for the posting of
contractors not in compliance.
(6)
All City contracts shall provide further that breach of the obligation not to
discriminate shall be a material breach of the contract for which the City shall be
entitled, at its option, to do any or all of the following:
(a)
To cancel, terminate, or suspend the contract in whole or part and/or
compostables to make any required periodic payments under the
contract;
(b)
Declare the Contractor ineligible for the award of any future contracts
with the City for a specified length of time;
(c)
To recover liquidated damages of a specified sum, said sum to be that
percentage of the labor expenditure for the time period involved which
would have accrued to minority group members had the affirmative
action not been breached;
(d)
Impose for each day of non-compliance, liquidated damages of a
specified sum, based upon the following schedule:
Contract Amount
Assessed Damages
Per Day of
Non-Compliance
$ 10,000 - 24,999
25,000 - 99,999
100,000 - 199,999
200,000 - 499,999
500,000 - 1,499,999
1,500,000 - 2,999,999
3,000,000 - 4,999,999
5,000,000 - and above
$ 25.00
50.00
100.00
150.00
200.00
250.00
300.00
500.00

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(e)
In addition the Contractor shall be liable for any costs or expenses
incurred by the City of Ann Arbor in obtaining from other sources the
work and services to be rendered or performed or the goods or properties
to be furnished or delivered to the City under this contract.

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EXHIBIT B
LIVING WAGE ORDINANCE EXCERPTS
The Consultant, its agents or sub-contractors, shall comply with all requirements of Chapter 23
of Title I of the Code of the City of Ann Arbor and in particular the following excerpts therefrom:
1:813. Definitions.
For purposes of this Chapter, the following definitions shall apply:
(1)
“Contractor/vendor" is a person or entity that has a contract with the City
primarily for the furnishing of services where the total amount of the contract or
contracts with the City exceeds $10,000 for any 12-month period.
"Contractor/vendor" does not include a person or entity that has a contract with
the City primarily for the purchase of goods or property, or for the lease of goods
or property to or from the City.
(2)
"Covered Employee" means a person employed by a covered employer to
perform services which are covered or funded by the contract with or grant from
the City; provided, however, that persons who are employed pursuant to federal,
state or local laws relating to prevailing wages shall be exempt from this
Chapter.
(3)
"Covered Employer" means a contractor/vendor or grantee that has not been
granted an exemption from this Chapter pursuant to Section 1:817.
(4)
"Employee" means an individual who provides personal services performed for
wages under any contract calling for the performance of personal services,
whether written or oral, express or implied. The term "employee" does not
include any individual who volunteers to perform services for an employer if
(a)
The individual receives no compensation or is paid expenses, reasonable
benefits, or a nominal fee to perform the services for which the individual
volunteered; and
(b)
Such services are not the same type of services which the individual is
employed to perform for such employer.
(5)
"Employee Health Benefits" or "Health Benefits" means providing health care
benefits for employees (or employees and their dependents) at employer cost or
making an employer contribution toward the purchase of such health care
benefits for employees (or employees and their dependents), provided that the
employer cost or contribution equals no less than $1 an hour for the average
work week of such employee, and provided further that any employee payment
or contribution toward health care shall not exceed 50 cents an hour for the
average work week for such employee.

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(6)
"Grant" means any form of financial assistance to a "Grantee" as set forth and
defined in Section 1:813(7). "Grant" does not include financial assistance used
for the purchase or lease of property or other non-personnel costs.
(7)
"Grantee" is a person or entity that is a recipient of any financial assistance from
the City in the form of any federal, state or local grant program administered by
the City, revenue bond financing, tax increment financing, tax abatement, tax
credit, direct grant, or any other form of financial assistance that exceeds
$10,000 for any 12-month period, including any contractors, subcontractors, or
leaseholders of the grantee whose contract, subcontract or lease with the
grantee exceeds $10,000 for any 12-month period.
(8)
"Living Wage" means a wage equal to the levels established in Section 1:815.
(9)
"Person" means any individual, copartnership, corporation, association, club,
joint adventure, estate, trust, and any other group or combination acting as a
unit, and the individuals constituting such group or unit.
(10) "$10,000 for any 12 month period" is computed by taking the total amount of
the contract, grant or loan and dividing it by the number of months the contract,
grant or loan covers.
1:814. Applicability.
(1)
This Chapter shall apply to any person that is a contractor/vendor or grantee as
defined in Section 1:813 that employs or contracts with five (5) or more
individuals; provided, however, that this Chapter shall not apply to a non-profit
contractor/vendor or non-profit grantee unless it employs or contracts with ten
(10) or more individuals.
(2)
This Chapter shall apply to any grant, contract, or subcontract or other form of
financial assistance awarded to or entered into with a contractor/vendor or
grantee after the effective date of this Chapter and to the extension or renewal
after the effective date of this Chapter of any grant, contract, or subcontract or
other form of financial assistance with a contractor/vendor or grantee.
1:815. Living Wages Required.
(1)
Every contractor/vendor or grantee, as defined in Section 1:813, shall pay its
covered employees a living wage as established in this Section.
(a)
For a covered employer that provides employee health care to its
employees, the living wage shall be $10.33 an hour, or the adjusted
amount hereafter established under Section 1:815(3).
(b)
For a covered employer that does not provide health care to its
employees, the living wage shall be $11.96 a hour, or the adjusted
amount hereafter established under Section 1:815(3).

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(2)
In order to qualify to pay the living wage rate for covered employers providing
employee health care under subsection 1:815(1)(a), a covered employer shall
furnish proof of said health care coverage and payment therefore to the City
Administrator or his/her designee.
(3)
The amount of the living wage established in this Section shall be adjusted
upward no later than April 30, 2002, and every year thereafter by a percentage
equal to the percentage increase, if any, in the federal poverty guidelines as
published by the United States Department of Health and Human Services for the
years 2001 and 2002. Subsequent annual adjustments shall be based upon the
percentage increase, if any, in the United States Department of Health and
Human Services poverty guidelines when comparing the prior calendar year's
poverty guidelines to the present calendar year's guidelines. The applicable
percentage amount will be converted to an amount in cents by multiplying the
existing wage under Section 1.815(1)(b) by said percentage, rounding upward to
the next cent, and adding this amount of cents to the existing living wage levels
established under Sections 1:815(1)(a) and 1:815(1)(b). Prior to April 1 of each
calendar year, the City will notify any covered employer of this adjustment by
posting a written notice in a prominent place in City Hall, and, in the case of a
covered employer that has provided an address of record to the City, by a
written letter to each such covered employer.

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EXHIBIT C
FAIR EMPLOYMENT PRACTICE
The Contractor, its agents or sub-contractors, shall comply with all requirements of Chapter 112
of Title IX of the Code of the City of Ann Arbor and in particular the following excerpts
therefrom:
9:161 NONDISCRIMINATION BY CITY CONTRACTORS
(1) All contractors proposing to do business with the City of Ann Arbor shall satisfy the
nondiscrimination administrative policy adopted by the City Administrator in accordance
with the guidelines of this section. All contractors shall receive approval from the
Director prior to entering into a contract with the City, unless specifically exempted by
administrative policy. All City contractors shall take affirmative action to insure that
applicants are employed and that employees are treated during employment in a
manner which provides equal employment opportunity and tends to eliminate inequality
based upon race, national origin or sex.
(2) Each prospective contractor shall submit to the City data showing current total
employment by occupational category, sex and minority group. If, after verifying this
data, the Director concludes that it indicates total minority and female employment
commensurate with their availability within the contractor's labor recruitment area, i.e.,
the area from which the contractor can reasonably be expected to recruit, said
contractor shall be accepted by the Director as having fulfilled affirmative action
requirements for a period of one year at which time the Director shall conduct another
review. Other contractors shall develop an affirmative action program in conjunction
with the Director. Said program shall include specific goals and timetables for the hiring
and promotion of minorities and females. Said goals shall reflect the availability of
minorities and females within the contractor's labor recruitment area. In the case of
construction contractors, the Director shall use for employment verification the labor
recruitment area of the Ann Arbor-Ypsilanti standard metropolitan statistical area.
Construction contractors determined to be in compliance shall be accepted by the
Director as having fulfilled affirmative action requirements for a period of six (6) months
at which time the Director shall conduct another review.
(3) In hiring for construction projects, contractors shall make good faith efforts to employ
local persons, so as to enhance the local economy.
(4) All contracts shall include provisions through which the contractor agrees, in addition to
any other applicable Federal or State labor laws:
(a) To set goals, in conference with the Human Resources Director, for each job
category or division of the work force used in the completion of the City work;
(b) To provide periodic reports concerning the progress the Contractor has made in
meeting the affirmative action goals it has agreed to;

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(c) To permit the Director access to all books, records and accounts pertaining to its
employment practices for the purpose of determining compliance with the affirmative
action requirements.
(5) The Director shall monitor the compliance of each Contractor with the nondiscrimination
provisions of each contract. The Director shall develop procedures and regulations
consistent with the administrative policy adopted by the City Administrator for notice
and enforcement of non-compliance. Such procedures and regulations shall include a
provision for the posting of contractors not in compliance.
(6) All City contracts shall provide further that breach of the obligation not to discriminate
shall be a material breach of the contract for which the City shall be entitled, at its
option, to do any or all of the following:
(a) To cancel, terminate, or suspend the contract in whole or part and/or compostables
to make any required periodic payments under the contract;
(b) Declare the Contractor ineligible for the award of any future contracts with the City
for a specified length of time;
(c) To recover liquidated damages of a specified sum, said sum to be that percentage of
the labor expenditure for the time period involved which would have accrued to
minority group members had the affirmative action not been breached;
(d) Impose for each day of non-compliance, liquidated damages of a specified sum,
based upon the following schedule:
Contract Amount
Assessed Damages
Per Day of
Non-Compliance
$ 10,000 - 24,999
25,000 - 99,999
100,000 - 199,999
200,000 - 499,999
500,000 - 1,499,999
1,500,000 - 2,999,999
3,000,000 - 4,999,999
5,000,000 - and above
$ 25.00
50.00
100.00
150.00
200.00
250.00
300.00
500.00
(e) In addition the Contractor shall be liable for any costs or expenses incurred by the
City of Ann Arbor in obtaining from other sources the work and services to be
rendered or performed or the goods or properties to be furnished or delivered to the
City under this contract.
EXHIBIT D

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LIVING WAGE REQUIREMENTS
If a "covered employer," Contractor will comply with all the requirements of Chapter 23 of the
Ann Arbor City Code (Sections 1:811 B 1:821), in particular but not limited to the following
sections thereof:
1:813. Definitions.
For purposes of this Chapter, the following definitions shall apply:
(1)
"Contractor/vendor" is a person or entity that has a contract with the City
primarily for the furnishing of services where the total amount of the contract or
contracts with the City exceeds $10,000 for any 12month period.
"Contractor/vendor" does not include a person or entity that has a contract with
the City primarily for the purchase of goods or property, or for the lease of goods
or property to or from the City.
(2)
"Covered Employee" means a person employed by a covered employer to
perform services which are covered or funded by the contract with or grant from
the City; provided, however, that persons who are employed pursuant to federal,
state or local laws relating to prevailing wages shall be exempt from this
Chapter.
(3)
"Covered Employer" means a contractor/vendor or grantee that has not been
granted an exemption from this Chapter pursuant to Section 1:817.
(4)
"Employee" means an individual who provides personal services performed for
wages under any contract calling for the performance of personal services,
whether written or oral, express or implied. The term "employee" does not
include any individual who volunteers to perform services for an employer if
(a)
The individual receives no compensation or is paid expenses, reasonable
benefits, or a nominal fee to perform the services for which the individual
volunteered; and
(b)
Such services are not the same type of services which the individual is
employed to perform for such employer.
(5)
"Employee Health Benefits" or "Health Benefits" means providing health care
benefits for employees (or employees and their dependents) at employer cost or
making an employer contribution toward the purchase of such health care
benefits for employees (or employees and their dependents), provided that the
employer cost or contribution equals no less than $1 an hour for the average
work week of such employee, and provided further that any employee payment
or contribution toward health care shall not exceed 50 cents an hour for the
average work week for such employee.
(6)
"Grant" means any form of financial assistance to a "Grantee" as set forth and

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defined in Section 1:813(7). "Grant" does not include financial assistance used
for the purchase or lease of property or other nonpersonnel costs.
(7)
"Grantee" is a person or entity that is a recipient of any financial assistance from
the City in the form of any federal, state or local grant program administered by
the City, revenue bond financing, tax increment financing, tax abatement, tax
credit, direct grant, or any other form of financial assistance that exceeds
$10,000 for any 12month period, including any contractors, subcontractors, or
leaseholders of the grantee whose contract, subcontract or lease with the
grantee exceeds $10,000 for any 12month period.
(8)
"Living Wage" means a wage equal to the levels established in Section 1:815.
(9)
"Person" means any individual, copartnership, corporation, association, club,
joint adventure, estate, trust, and any other group or combination acting as a
unit, and the individuals constituting such group or unit.
(10) "$10,000 for any 12 month period" is computed by taking the total amount of
the contract, grant or loan and dividing it by the number of months the contract,
grant or loan covers.
1:814. Applicability.
(1)
This Chapter shall apply to any person that is a contractor/vendor or grantee as
defined in Section 1:813 that employs or contracts with five (5) or more
individuals; provided, however, that this Chapter shall not apply to a nonprofit
contractor/vendor or nonprofit grantee unless it employs or contracts with ten
(10) or more individuals.
(2)
This Chapter shall apply to any grant, contract, or subcontract or other form of
financial assistance awarded to or entered into with a contractor/vendor or
grantee after the effective date of this Chapter and to the extension or renewal
after the effective date of this Chapter of any grant, contract, or subcontract or
other form of financial assistance with a contractor/vendor or grantee.
1:815. Living Wages Required.
(1)
Every contractor/vendor or grantee, as defined in Section 1:813, shall pay its
covered employees a living wage as established in this Section.
(a)
For a covered employer that provides employee health care to its
employees, the living wage shall be $9.42 an hour, or the adjusted
amount hereafter established under Section 1:815(3).
(b)
For a covered employer that does not provide health care to its
employees, the living wage shall be $10.91 a hour, or the adjusted
amount hereafter established under Section 1:815(3).

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(2)
In order to qualify to pay the living wage rate for covered employers providing
employee health care under subsection 1:815(1)(a), a covered employer shall
furnish proof of said health care coverage and payment therefore to the City
Administrator or his/her designee.
(3)
The amount of the living wage established in this Section shall be adjusted
upward no later than April 30, 2005, and every year thereafter by a percentage
equal to the percentage increase, if any, in the federal poverty guidelines as
published by the United States Department of Health and Human Services for the
years 2003 and 2004. Subsequent annual adjustments shall be based upon the
percentage increase, if any, in the United States Department of Health and
Human Services poverty guidelines when comparing the prior calendar year's
poverty guidelines to the present calendar year's guidelines. The applicable
percentage amount will be converted to an amount in cents by multiplying the
existing wage under Section 1.815(1)(b) by said percentage, rounding upward to
the next cent, and adding this amount of cents to the existing living wage levels
established under Sections 1:815(1)(a) and 1:815(1)(b). Prior to April 1 of each
calendar year, the City will notify any covered employer of this adjustment by
posting a written notice in a prominent place in City Hall, and, in the case of a
covered employer that has provided an address of record to the City, by a
written letter to each such covered employer.
1:816. Employees Covered.
A covered employer shall pay each of its employees performing work on any covered
contract or grant with the City no less than a living wage as defined in Section 1:815.
1:817. Exemptions.
Notwithstanding any other provisions in this Chapter, the following exemptions shall apply:
(1)
Sweat equity contracts for home construction or rehabilitation grant will not
subject the grantee to coverage under this Chapter. Housing construction or
rehabilitation grants or contracts that are passed through to a contractor in their
entirety are exempt from the provisions of this Chapter, even when the City
participates in the selection of the contractor.
(2)
For any contract or grant, the City Council may grant a partial or complete
exemption from the requirements of this Chapter if it determines one of the
following:
(a)
To avoid any application of this Chapter that would violate federal, state
or local law(s); or
(b)
The application of this Chapter would cause demonstrated economic
harm to an otherwise covered employer that is a nonprofit organization,
and the City Council finds that said harm outweighs the benefits of this
Chapter; provided further that the otherwise covered nonprofit employer

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shall provide a written plan to fully comply with this Chapter within a
reasonable period of time, not to exceed three years, and the City Council
then agrees that granting a partial or complete exemption is necessary to
ameliorate the harm and permit the nonprofit organization sufficient time
to reach full compliance with this Chapter.
(3)
A loan shall be considered a grant under this ordinance only to the extent that a
loan is provided at below market interest rates and then only the difference
between the amount of the loan and the present value of the payments
thereunder, discounted over the life of the loan, shall be treated as financial
assistance under this ordinance.
(4)
A payment of funds for the purpose of purchasing services, property, or goods
on behalf of individuals being assisted by a covered employer or potentially
covered employer (sometimes known as a "pass through" grant) that is used for
said purchases shall not be considered a grant; such funds shall be considered a
grant only to the extent that any such funds are retained by the covered
employer or potentially covered employer to provide financial assistance and
support to its own operations.
1:818. Monitoring and Enforcement.
(1)
Every covered employer shall agree to the payment of a living wage as a
condition of entering into or renewing a covered contract or grant with the City,
shall agree to post a notice regarding the applicability of this Chapter in every
work place or other location in which employees or other persons contracted for
employment are working, and shall agree to provide payroll records or other
documentation as deemed necessary within ten (10) business days from the
receipt of the City's request. All City contracts and grants covered by this
Chapter shall provide that a violation of the living wage requirements of this
Chapter shall be a material breach of the contract or grant. The Human Rights
Office of the City shall monitor the compliance of each contractor/vendor or
grantee under procedures developed by the Human Rights Office and approved
by the City Administrator.
(2)
Each covered employer shall submit to the Human Rights Office of the City
information regarding number of employees and applicable wage rates of its
employees covered by this Chapter in such manner as requested by that office.
At the request of the Human Rights Office, any contractor/vendor or grantee
shall provide satisfactory proof of compliance with the living wage provisions of
this Chapter.
(3)
Any person may submit a complaint or report of a violation of this Chapter to the
Human Rights Office. Upon receipt of such a complaint or report, the Human
Rights Office shall investigate to determine if there has been a violation.

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1:819. Penalties and Enforcement.
(1)
A violation of any provision of this Chapter is a civil infraction punishable by a
fine of not more than $500.00 plus all costs of the action. The Court may issue
and enforce any judgment, writ, or order necessary to enforce this Chapter,
including payment to the affected employee or employees of the difference
between wages actually paid and the living wage that should have been paid,
interest, and other relief deemed appropriate.
(2)
Each day upon which a violation occurs shall constitute a separate violation.
(3)
In addition to enforcement under Subsections (1) and (2), the City shall have the
right to modify, terminate, and/or seek specific performance of any contract or
grant with an affected covered employer or to cancel, terminate or suspend the
contract in whole or in part and/or to compostables any further payments under
the contract or grant;
(4)
Nothing contained in this Chapter shall be construed to limit in any way the
remedies, legal or equitable, which are available to the City or any other person
for the correction of violations of this Chapter
1:821. Other Provisions.
(1)
No affected covered employer shall reduce the compensation, wages, fringe
benefits, or leave available to any covered employee or person contracted for
employment in order to pay the living wage required by this Chapter.
(2)
No employee covered by a federal, state or local law requiring the payment of
prevailing wages shall be covered by this Chapter.
(3)
This Chapter shall not be construed to apply to any person or entity that is a tax
exempt religious, educational or charitable organization under state or federal
law, but is not a contractor/vendor or grantee as defined in Section 1:813.
(4)
This Chapter shall not be applicable to the establishment and/or continuation of
the following if developed specifically for high school and/or college students:
(a)
A bona fide training program;
(b)
A summer or youth employment program;
(c)
A work study, volunteer/public service, or internship program.

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Exhibit E
Human Rights Forms
City of Ann Arbor Procurement Office
INSTRUCTIONS FOR CONTRACTORS
for completing CONTRACT COMPLIANCE FORMS
City Policy
The “non-discrimination in contracts” provision of the City Code, (Chapter 112, Section 9:161)
requires contractors/vendors/grantees doing business with the City not to discriminate on the
basis of actual or perceived race, color, religion, national origin, sex, age, condition of
pregnancy, marital status, physical or mental limitations, source of income, family
responsibilities, educational association, sexual orientation, gender identity or HIV status
against any of their employees, any City employee working with them, or any applicant for
employment. It also requires that the contractors/vendors/grantees include a similar provision
in all subcontracts which they execute for City work or programs.
This Ordinance further requires that each prospective contractor/vendor submit employment
data to the City showing current total employee breakdown by occupation, race and gender.
This allows the Procurement Office to determine whether or not the contractor/vendor has a
workforce which is reflective of the availability of women and under-represented minorities
within the contractor’s labor recruitment area (the area where they can reasonably be expected
to recruit employees). This data is provided to the City on the Procurement Office
Contract Compliance Forms (attached).
To complete the form:
1) If a company has more than one location, then that company must
complete 2 versions of the form.
Form #1 should contain the employment data for the entire
corporation.
Form #2 should contain the employment data for those employees:
• who will be working on-site;
• in the office responsible for completing the contract; or,
• in the case of non-profit grantees, those employees working on
the project funded by the City grant(s).
2) If the company has only one location, fill out Form #1 only.
3) Complete all data in the upper section of the form including the name of the person
who completes the form and the name of the company/organization’s president.
4) Complete the Employment Data in the remainder of the form. Please be sure to
complete all columns including the Total Columns on the far right side of the form, and
the Total row and Previous Year Total row at the bottom of the form.
5) Return the completed form(s) to your contact in the City Department for whom you

Page 89
City of Ann Arbor
Composting RFP # 730
Page 89
will be conducting the work.
For assistance in completing the form, contact:
Dee Lumpkin, Procurement Office of the City of Ann Arbor
734-79
4
If a contractor is determined to be out of compliance, the Human Rights Office will work with
them to assist them in coming into compliance.

Page 90
City of Ann Arbor
Composting RFP # 730
Page 90
Exhibit F
Performance Bond
1.
of
(referred to as "Principal"), and
, a corporation duly authorized to do business in the State of Michigan (referred to as "Surety"),
are bound to the City of Ann Arbor, Michigan (referred to as "City"), for
$
, the payment of which Principal and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
by this bond.
2.
The Principal has entered a written contract with the City dated
,
200
,
for:
and this bond is given for that contract in compliance with Act No. 213 of the Michigan Public
Acts of 1963, as amended, being MCL 129.201 et seq.
3.
Whenever the Principal is declared by the City to be in default under the contract, the Surety
may promptly remedy the default or shall promptly:
(a) complete the contract in accordance with its terms and conditions; or
(b) obtain a bid or bids for submission to the City for completing the contract in accordance with
its terms and conditions, and upon determination by Surety of the lowest responsible bidder,
arrange for a contract between such bidder and the City, and make available, as work progress-
es, sufficient funds to pay the cost of completion less the balance of the contract price; but not
exceeding, including other costs and damages for which Surety may be liable hereunder, the
amount set forth in paragraph 1.
4.
Surety shall have no obligation to the City if the Principal fully and promptly performs under the
contract.
5.
Surety agrees that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder, or the specifications accompanying it shall
in any way affect its obligations on this bond, and waives notice of any such change, extension
of time, alteration or addition to the terms of the contract or to the work, or to the specifications.
SIGNED AND SEALED this
day of
, 200 .
____________________________________________
(Name of Surety Company)
_____________________________________________
(Name of Principal)
By__________________________________________
(Signature)
By___________________________________________
(Signature)
Its__________________________________________
(Title of Office)
Its___________________________________________
(Title of Office)
Approved as to form:
____________________________________________
Stephen K. Postema, City Attorney
Name and address of agent:
_____________________________________________
_____________________________________________

Page 91
City of Ann Arbor
Composting RFP # 730
Page 91
CITY OF ANN ARBOR PROCUREMENT OFFICE
Form #1
CONTRACT COMPLIANCE FORM
Questions about this form?
Call 734-794-6576
Entire Organization (Totals for All Locations where applicable)
Name of Company/Organization______________________________________________________________________________ Date Form Completed_____________________________________
Name and Title of Person Completing this Form_______________________________________________ Name of President __________________________________________________________
Address_________________________________________________________________________________
County_____________________ Phone #__________________________________
(Street address)
(City)
(State)
(Zip)
(Area Code)
Fax#_____________________________________________ Email Address__________________________________________________________________________________________________
(Area Code)
EMPLOYMENT DATA
Job Categories
Number of Employees
(Report employees in only one category)
Male
Female
White
Black or
African
American
Asian
Hispanic
or Latino
Native
Hawaiian or
Other Pacific
Islander
American Indian
or Alaska Native
White
Black or
African
American
Asian
Hispanic or
Latino
Native Hawaiian
or Other Pacific
Islander
American Indian
or
Alaskan
Native
TOTAL
COLUMNS
A-M
A
B
C
D
F
G
H
I
J
K
L
M
Exec/Sr. Level
Officials
Supervisors
Professionals
Technicians
Sales
Admin. Support
Craftspeople
Operatives
Service Workers
Laborers/Helper
Apprentices
Other
TOTAL
PREVIOUS
YEAR TOTAL
9/03

Page 92
City of Ann Arbor
Composting RFP # 730
Page 92
CITY OF ANN ARBOR PROCUREMENT OFFICE
Form #2
CONTRACT COMPLIANCE FORM
Questions about this form?
Call 734-794-6576
Local Office (Only those employees that will do local or on-site work, if applicable)
Name of Company/Organization______________________________________________________________________________ Date Form Completed_____________________________________
Name and Title of Person Completing this Form_______________________________________________ Name of President __________________________________________________________
Address_________________________________________________________________________________
County_____________________ Phone #__________________________________
(Street address)
(City)
(State)
(Zip)
(Area Code)
Fax#_____________________________________________ Email Address__________________________________________________________________________________________________
(Area Code)
EMPLOYMENT DATA
Job Categories
Number of Employees
(Report employees in only one category)
Male
Female
White
Black or
African
American
Asian
Hispanic
or Latino
Native
Hawaiian or
Other Pacific
Islander
American Indian
or Alaska Native
White
Black or
African
American
Asian
Hispanic or
Latino
Native Hawaiian
or Other Pacific
Islander
American Indian
or
Alaskan
Native
TOTAL
COLUMNS
A-M
A
B
C
D
F
G
H
I
J
K
L
M
Exec/Sr. Level
Officials
Supervisors
Professionals
Technicians
Sales
Admin. Support
Craftspeople
Operatives
Service Workers
Laborers/Helper
Apprentices
Other
TOTAL
PREVIOUS
YEAR TOTAL

Page 93
City of Ann Arbor
LIVING WAGE ORDINANCE
DECLARATION OF COMPLIANCE
The Ann Arbor Living Wage Ordinance (Section 1:811-1:821 of Chapter 23 of Title I of the Code) requires that employers
providing services to the City or recipients of grants for financial assistance (in amounts greater than $10,000 in a twelve-
month period of time) pay their employees who are working on the City project or grant, a minimum level of compensation
known as the Living Wage. This wage must be paid to the employees for the length of the contract/project.
Companies employing fewer than 5 persons and non-profits employing fewer than 10 persons are exempt from the
Ordinance. If this exemption applies to your firm, please check below:
______ This company is exempt due to the fact that we employ or contract with fewer than 5 individuals.
______ This non-profit agency is exempt due to the fact that we employ or contract with fewer than 10
employees.
The Ordinance requires that all contractors/vendors and/or grantees agree to the following terms:
a)
To pay each of its employees performing work on any covered contract or grant with the City, no less than the
living wage, which is defined as $11.71/hour when health care is provided, or no less than $13.06/hour for those
employers that do not provide health care. It is understood that the Living Wage will be adjusted upward each
year on April 30, and covered employers will be required to pay the adjusted amount thereafter. The rates stated
above include the adjustment for 2009.
b)
Please check the boxes below which apply to your workforce:
Employees who are assigned to any covered City project or grant will be paid at or above the applicable living
wage without health benefits Yes______ No_____
OR
Employees who are assigned to any covered City project or grant will be paid at or above the applicable living
wage with health benefits Yes_____ No_____
c)
To post a notice approved by the City regarding the Living Wage Ordinance in every work place or other location
in which employees or other persons contracting for employment are working.
d)
To provide the City payroll records or other documentation as requested; and,
e)
To permit access to work sites to City representatives for the purposes of monitoring compliance, investigating
complaints or non-compliance.
The undersigned authorized representative hereby obligates the contractor/vendor or grantee to the above stated
conditions under penalty of perjury and violation of the Ordinance.
Company Name
Address City State Zip
Signature of Authorized Representative
Phone (area code)
Type or Print Name and Title
Email address
Date signed
Questions about this form? Please contact:
Procurement Office City of Ann Arbor
Phone: 734/794-6576 Fax:734/994-1795
LW-2

Page 94
NEW RATE EFFECTIVE APRIL 30, 2009
LIVING WAGE ORDINANCE – CITY OF ANN ARBOR
$11.71 per hour $13.06 per hour
if the employer provides health
if the employer does NOT
care benefits*
provide health care benefits*
Employers providing services to or for the City of Ann Arbor or
recipients of grants or financial assistance from the City of Ann Arbor
for a value of more than $10,000 in a twelve-month period of time
must pay those employees performing work on a City of Ann
Arbor contract or grant, the above living wage.
ENFORCEMENT
The City of Ann Arbor may recover back wages either administratively or through
court action for the employees that have been underpaid in violation of the law.
Persons denied payment of the living wage have the right to bring a civil action
for damages in addition to any action taken by the City.
Violation of this Ordinance is punishable by fines of not more than $500/violation
plus costs, with each day being considered a separate violation. Additionally, the
City of Ann Arbor has the right to modify, terminate, cancel or suspend a contract
in the event of a violation of the Ordinance.
* Health Care benefits includes those paid for by the employer or making an employer
contribution toward the purchase of health care. The employee contribution must not exceed
$.50 an hour for an average work week; and the employer cost or contribution must equal no less
than $1/hr for the average work week.
The Law Requires Employers to Display This Poster Where
Employees Can Readily See It.
For Additional Information or to File a Complaint
Contact:
Dee Lumpkin, Procurement Assistant
734/794-6576 or dlumpkin@a2gov.org LW-1

Page 95
City of Ann Arbor
Composting RFP # 730
Page 95
CITY OF ANN ARBOR
DEPARTMENT OF
SOLID WASTE MANAGEMENT
Request for Proposals
Composting Facility Operations
ATTACHMENT C

Page 96
City of Ann Arbor
Composting RFP # 730
Page 96
Exhibit A
Site Drawings

Page 97

Page 98

Page 99
City of Ann Arbor
Composting RFP # 730
Page 99
Exhibit B
MDEQ Permit Forms

Page 100

Page 101

Page 102

Page 103

Page 104

Page 105
EQP5228 (Rev 03/08)
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
WASTE AND HAZARDOUS MATERIALS DIVISION
YEAR 2008 FOR DEQ USE ONLY
COMPOSTING FACILITY REGISTRATION FORM
Registration is required under authority of Section 11521(4) of Part 115, of the Natural
Resources and Environmental Protection Act, 1994 PA 451, as amended. Failure to
comply with the provisions of Part 115 may result in fines and/or imprisonment.
FOR ADDITIONAL INFORMATION, CONTACT THE MICHIGAN DEPARTMENT OF
ENVIRONMENTAL QUALITY, WASTE AND HAZARDOUS MATERIALS DIVISION,
STORAGE TANK AND SOLID WASTE SECTION, AT 517-241-2924
Date Received by DEQ:
Received by:
Site Map:
Yes
No
Fee:
Yes
No
COMPOSTING FACILITY PROPERTY OWNER
1. Legal Company Name or Municipality:
2. Area Code and Telephone Number:
3. Mailing Address:
4. Site Address:
5. County:
6. Legal description of Property, including Section, Township, and Range:
7. E-mail Address:
8. Property Owner(s) (Print or Type):
9. Signature(s):
COMPOSTING FACILITY DESCRIPTION AND OPERATOR
10. Specific Site Name:
11. Operator of the Composting Facility:
12. Mailing Address:
13. Web site:
14. Area Code and Telephone Number:
15. E-mail Address:
16. Describe how to find the site:
SITE MAP
17. Attach a detailed site map of the composting facility. The site map must include dimensions
and boundaries of existing compost piles, storage areas, surface water including retention
ponds, and structures.
Site map enclosed:
Yes No

Page 106
EQP5228 (Rev 03/08)
COMPOSTABLE MATERIAL RECEIVED AND DISTRIBUTED
18. Number of cubic yards of yard clippings and other compostable material
brought to site during previous year:
19. Number of cubic yards of yard clippings and other compostable material
removed from site during previous year:
20. Number of cubic yards of yard clippings and other compostable material,
finished compost, and residuals on site at the end of the previous year:
21. Number of cubic yards of yard clippings and other compostable material
currently stored on site:
22. If a conversion factor was used to convert tons of material to cubic yards,
what conversion factor was used and for what material:
cubic yards
cubic yards
cubic yards
cubic yards
cubic yards of
per ton
cubic yards of
per ton
DATE COMPOSTING FACILITY BEGAN (WILL BEGIN) OPERATION
23. Date the composting facility began or will begin accepting yard clippings:
Date:
I, the undersigned property owner, swear and affirm, UNDER PENALTY OF LAW, that the statements contained herein are true and correct
and that the composting of yard clippings is done in accordance with the requirements of Act 451. I certify under penalty of law that the
information contained on this form, to the best of my knowledge and belief, is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of a fine and imprisonment.
PRINT NAME:
DATE:
SIGNATURE: ____________________________________________________________
PLEASE MAIL FORM, SITE MAP AND $600 REGISTRATION FEE TO:
REGULAR DELIVERY:
OVERNIGHT DELIVERY:
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
OFFICE OF FINANCIAL MANAGEMENT
OFFICE OF FINANCIAL MANAGEMENT
REVENUE CONTROL/CASHIER’S OFFICE
REVENUE CONTROL/CASHIER’S OFFICE
P.O. BOX 30657
CONSTITUTION HALL
LANSING, MICHIGAN 48909-8157
525 WEST ALLEGAN STREET
LANSING, MI 48933
OPTIONAL INFORMATION
This section may be completed if you would like the DEQ to list your composting services in the DEQ Recycled Materials
Market Directory found at http://www.michigan.gov/deqrmmd.
V1. Would you like information about your composting facility included in the Recycled Materials Market Directory? If you mark no, do
not complete V2 and V3.
Yes No
V2. Describe who may deliver yard clippings to the composting facility:
V3. Additional notes:

Page 107
EQP5228 (Rev 03/08)
INSTRUCTIONS FOR COMPLETING THE REGISTERED COMPOSTING FACILITY FORM
PLEASE NOTE: ALL FIELDS (EXCEPT OPTIONAL) MUST BE COMPLETED. IF A FIELD DOES NOT APPLY, PLEASE
PUT “0,” “N/A,” ETC. REGISTRATION FORMS MISSING INFORMATION WILL BE RETURNED.
IN ADDITION TO THE SUBMITTAL OF THIS FORM AND REGISTRATION FEE AND THE DEQ’S DEPOSIT OF THE FEE,
YOU MUST COMPLY WITH REPORTING, LOCATION AND OPERATING REQUIREMENTS ACCORDING TO
SECTION 11521(4) OF PART 115 TO QUALIFY AS A REGISTERED COMPOSTING FACILITY. THE DEQ WILL RESPOND
IN WRITING TO NOTIFY YOU OF RECIEPT OF YOUR FORM. YOUR COMPOSTING FACILITY WILL BE INCLUDED IN A
REGISTERED COMPOSTING FACILITY LIST THAT CAN BE FOUND AT http://www.mighigan.gov/deqrecycling.
DOCUMENTS TO SUBMIT: Submit $600 Site Registration Fee with original, completed, and signed registration form to:
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
OFFICE OF FINANCIAL MANAGEMENT
REVENUE CONTROL/CASHIER’S OFFICE
P.O. BOX 30657
LANSING, MICHIGAN 48909-8157
FOR OVERNIGHT DELIVERY:
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
OFFICE OF FINANCIAL MANAGEMENT
REVENUE CONTROL/CASHIER’S OFFICE
CONSTITUTION HALL
525 WEST ALLEGAN STREET
LANSING, MI 48933
Send check or money order (no cash) made payable to the STATE OF MICHIGAN. Your registration form WILL NOT be
accepted if it is missing information or does not include a site map and the registration fee. The registration is for a term of
3 years.
COMPOSTING FACILITY PROPERTY OWNER
1. Legal Company Name or Municipality: Enter the name of the individual, partnership, corporation, association,
governmental entity, or other legal entity who owns the property. The owner(s) of the property upon which the composting
facility business is located or their registered agent must submit the registration.
2. Area Code and Telephone Number: Enter telephone number of the company/municipality that owns the property.
3. Mailing Address: Enter the address where correspondence to the operator should be sent.
4. Site Address: The address of the composting facility even if the same as the mailing address for the property owner.
Please submit a plat map if no actual address has been assigned to the site.
5. County: Enter the County where the facility is located.
6. Legal description of Property, including Section, Township, and Range: Enter the legal description of the property
including Section, Township, and Range. Attach additional pages if necessary.
7. E-mail Address: Enter the e-mail address where electronic correspondence to the property owner could be sent.
8. Property Owner(s): Name(s) of the person(s) who own the property must be printed.
9. Signature(s): Person(s) who own the property must sign their name(s).
COMPOSTING FACILITY DESCRIPTION AND OPERATOR
10. Specific Site Name: Enter the business name of the composting facility.

Page 108
EQP5228 (Rev 03/08)
11. Operator of the Composting Facility: The name(s) of the person(s) who operate the composting facility even if the same
as the property owner(s).
12. Mailing Address: Enter the address where correspondence to the operator should be sent.
13. Web site: If applicable, enter the Web site where additional information about the composting facility can be obtained.
14. Area Code and Telephone Number: Enter the telephone number at which the operator can be contacted.
15. E-mail Address: Enter the e-mail address where electronic correspondence to the operator could be sent.
16. Describe how to find the site: Include landmarks or other description to help find the location of the composting activity.
SITE MAP
17. Attach a detailed site map that shows acreage of composting facility. The site map must include dimensions and
boundaries of existing compost piles, storage areas, surface water including retention ponds, and structures. Check “yes” to
indicate you have enclosed the site map.
COMPOSTABLE MATERIAL RECEIVED AND DISTRIBUTED
Complete the table with the appropriate information. If actual volumes are unknown please estimate the requested volumes. It
is expected that the volumes reported will reflect a reasonable natural volume reduction as a result of the composting process.
18.
Number of cubic yards of yard clippings and other compostable material brought to site during previous year.
19.
Number of cubic yards of yard clippings and other compostable material removed from site during previous year.
20.
Number of cubic yards of yard clippings and other compostable material, finished compost, and residuals on site at
the end of the previous year.
21.
Number of cubic yards of yard clippings and other compostable material currently stored on site.
22.
If a conversion factor was used to convert tons of material to cubic yards, what conversion factor was used and for
what material.
DATE COMPOSTING FACILITY BEGAN (WILL BEGIN) OPERATION
23. Date the composting facility began or will begin accepting yard clippings: Enter the month, day, and year the facility
first accepted yard clippings from another location or the month, day, and year the facility will begin accepting yard clippings.
SIGNATURE: Either the property owner where the composting facility is located or the registered agent may sign. If the
registered agent of the property owner signs, you must provide authorization to do so from the property owner. If multiple
property owners, all those with any ownership interest or their registered agent must sign the application.
VOLUNTARY INFORMATION:
V1. Would you like information about your composting facility included in the Recycled Materials Market Directory
(RMMD)? Mark “yes” if you would like your composting facility listed in the RMMD on our Web site at
http://www.michigan.gov/deqrmmd. Contact Lucy Doroshko, Environmental Science and Services Division, at 517-373-1322 or
e-mail doroshkl@michigan.gov with questions about the RMMD listing.
V2. Describe who may deliver yard clippings to the composting facility: Answer the following questions as applicable to
your facility. Is the facility open to the public? Is it limited to residents of a specific municipality, township, or county? Is it open
to landscaping or other businesses to deliver yard clippings or buy compost? Does the facility only accept yard clippings from
specific haulers with contracts with the facility? What are the hours of operation? Do you offer hauling services?
V3. Additional notes: Include any additional information you would like included in the RMMD. For example, do you accept
other materials for composting? Do you provide finished compost free to residents or sell finished product? Is there a minimum
or maximum amount that can be brought in at one time?

Page 109
EQP 5229 (Rev 03/08)
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
WASTE AND HAZARDOUS MATERIALS DIVISION
FOR DEQ USE ONLY
Date Received by DEQ: _________________
Received by: __________________________
COMPOSTING FACILITY ANNUAL REPORTING FORM
Annual reporting is required to be submitted to the DEQ within 30 days after the end of each fiscal year under authority of Section 11521(4) of
Part 115, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. Failure to comply with the provisions of Part 115
may result in fines and/or imprisonment. NOTE: The annual reporting period is the state’s fiscal year (October 1 through September 30); and this
form must be submitted to the DEQ by October 30.
FOR ADDITIONAL INFORMATION, CONTACT THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, WASTE AND HAZARDOUS
MATERIALS DIVISION, STORAGE TANK AND SOLID WASTE SECTION, AT 517-241-2924
COMPOSTING FACILITY AND CONTACT
1. Legal Company Name or Municipality:
2. Mailing Address:
3. Site Address:
4. County:
5. Composting Facility Contact:
6. Area Code and Telephone Number:
7. E-mail Address:
8. Reporting year: October 1, 20 to September 30, 20
9. Size of composting facility: acres
COMPOSTABLE MATERIAL RECEIVED AND DISTRIBUTED
10. Number of cubic yards of yard clippings and other compostable material onsite as of
October 1 of the previous year:
cubic yards
11. Number of cubic yards of yard clippings and other compostable material brought to the
site from October 1 of previous year to September 30:
cubic yards
12. Number of cubic yards of yard clippings and other compostable material removed from
site from October 1 to September 30:
cubic yards
13, Number of cubic yards of yard clippings and other compostable material, finished
compost, and residuals on site at the end of September 30:
cubic yards
14. CONVERSION FACTOR: If a conversion factor was used to convert tons of material to cubic yards, what
conversion factor was used and for what material:
Check here if no conversion factor was used
Material:
Conversion Factor Calculation:
cubic yards=1 ton
cubic yards=1 ton
I, the undersigned property owner or authorized agent, swear and affirm, under penalty of law that the information contained on this form,
to the best of my knowledge and belief, is true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of a fine and imprisonment.
PRINT NAME: ____________________________________________________________ DATE: ____________________________________
SIGNATURE: ____________________________________________________________

Page 110
EQP 5229 (Rev 03/08)
INSTRUCTIONS FOR COMPLETING THE COMPOST FACILITY ANNUAL REPORTING FORM
PLEASE NOTE: ALL FIELDS MUST BE COMPLETED. FORMS MISSING INFORMATION WILL BE RETURNED.
All DEQ registered composting facilities must submit annual reports that summarize the volume of yard
clippings and other compostable materials that were composted during the state’s fiscal year (October 1
through September 30) on a form provided by the DEQ. Reports must be submitted to the DEQ by October 30.
Submit reports to:
Mr. Mathew Flechter
Department of Environmental Quality
Waste and Hazardous Materials Division
PO Box 30241
Lansing, Michigan 48909-7741
COMPOSTING FACILITY PROPERTY OWNER
1. Legal Company Name or Municipality: Enter the name of the individual, partnership, corporation, association,
governmental entity, or other legal entity who owns the property. The owner(s) of the property upon which the
composting facility business is located or their registered agent must submit the annual reporting form.
2. Mailing Address: Enter the address where correspondence to the operator should be sent.
3. Site Address: The address of the composting facility. Enter SAME if it is the same as the mailing address.
4. County: Enter the County where the facility is located.
5. Composting Facility Contact: The name(s) of the person(s) who are to be contacted if questions about the report.
6. Area Code and Telephone Number: Enter the telephone number at which the operator can be contacted.
7. E-mail Address: Enter the e-mail address where electronic correspondence to the facility contact may be sent.
8. Date that this report covers.
9. Include total acreage of composting facility including, staging, storage, and active composting areas.
COMPOSTABLE MATERIAL RECEIVED AND DISTRIBUTED
Complete the table with the appropriate information. If actual volumes are unknown please estimate the requested
volumes. It is expected that the volumes reported will reflect a reasonable natural volume reduction of 50% as a result of
the composting process.
10. Number of cubic yards of yard clippings and other compostable materials on site of the beginning of the fiscal year
reporting cycle (e.g. October 1 of previous year).
11. Number of cubic yards of yard clippings and other compostable material brought to site during previous year.
12. Number of cubic yards of yard clippings and other compostable material removed from site during previous year.
13. Number of cubic yards of yard clippings and other compostable material, finished compost, and residuals on site at
the end of the previous year.
14. If a conversion factor was used to convert tons of material to cubic yards, what conversion factor was used and for
what material. If conversions were done for more than two materials attached a separate sheet with the additional
conversion rates for each additional material.
SIGNATURE: Either the property owner where the composting facility is located or the registered agent may sign. If a
registered agent of the property owner signs the form, the DEQ must have a copy of that authorization on file. If multiple
property owners, all those with any ownership interest or their registered agent must sign the application.

Page 111
3/26/08
Compost Volume Tracker
Section 11521(4)(c) of Part 115, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended,
requires Department of Environmental Quality (DEQ), registered composting facilities to keep records to document that
they have not accumulated yard clippings over 3 years unless they have the capacity to compost the yard clippings and
they have received DEQ approval for a longer time period. Beginning the third year of operation, and each year
thereafter, a facility needs to be able to document that they have been able to transfer off-site not less than 75 percent by
weight or volume of the amount of yard clippings and compost that was on-site at the beginning of the calendar year.
The Compost Volume Tracker is an example of a record that may be used to show compliance with these requirements.
A composting facility may develop their own format that better fits their needs. The form should contain all the information
contained in this form. The information from this form can be used to fill out the annual reporting form (EQP 5229) that
must be submitted to the DEQ by October 30 of each year. This form should NOT be sent to the DEQ as part of your
yearly reporting requirements but, if requested, it or one similar to it, should be made available to staff during a site
inspection.
Additional guidance to assist in composting yard clippings can be found in the Frequently Asked Questions document
posted on the composting web site located by going to www.Michigan.gov/DEQ by clicking on, “Waste,” then “Solid
Waste,” and then “Composting.”
1) Reporting year:
October 1, 20_____ to September 30, 20_____
2) Legal Company Name or Municipality:
3) Site Address:
4) Name of person preparing report:
5) Year and date that the site first
started to collect yard waste:
6) Number of cubic yards of yard clippings, other compostable material, and residuals onsite
as of October 1 of the previous year:
_____________
Cubic Yards
7) Number of cubic yards of yard clippings and other compostable material brought to the
site from October 1 of previous year through September 30:
_____________
Cubic Yards
8) Volume of compost removed from the site from October 1 through September 30:
_____________
Cubic Yards
9) Volume of residuals from the compost removed from the site from October 1 through
September 30:
_____________
Cubic Yards
10) Total volume on site at the end of the year not accounting for natural volume reduction
(line 6 + line 7 - line 8 - line 9):
_____________
Cubic Yards
11) Total measured volume on site on September 30:
_____________
Cubic Yards
12) Calculated natural volume reduction (line 10 divided by line 11):
_____________
Percentage
13) If a conversion factor was used to convert tons of
material to cubic yards, what conversion factor was
used and for what material?
Material:
________ cubic yards/ton
Material:
________ cubic yards/ton
Material:
________ cubic yards/ton

Page 112
3/26/08
Date
Volume of
material
brought to site
(Cubic Yards)
Source of material
(e.g. municipality
collection, landscaping
company, citizen, etc)
Volume of
material
removed from
site
(Cubic Yards)
Disposition location of
material
(e.g. sold, provided
free to residents,
location where used for
municipal projects,
etc.)
Total volume of
material on-site
(Cubic Yards)

Page 113
Operational Records of __________________________________ Composting Facility
Row # ___________
Date row started_____________ Date row completed ____________
C:N Ratio (estimated or calculated; circle one) ________
Content of row (e.g. 1 part leaves, 3 parts grass, 1 part wood chips) __________________________________________
Row dimensions (e.g. height, width, and length) __________________________________________________________
Check here if lab analysis of finished product is available.
Date
Temperature
(Measurement taken in middle
of pile every 10 feet and the
average temperature recorded)
Moisture Content
(Indicate whether the material is
wet or dry)
Pile Turned
(Put an X in this column if pile was
turned on this day and initials or
name of who did it)

Page 114
Guidance for Operational Records Form:
This form represents a sample format of the records that must be kept according to Section 11521(4)(d)(ii). The form can be
changed to meet your individual needs but it must contain all the information contained on this example. This form should NOT
be sent to the DEQ as part of your yearly reporting requirements but, if requested, it or a form similar to it, should be made
available to staff during a site inspection.
Composting is the aerobic, or oxygen requiring, decomposition of organic materials by microorganisms under controlled
conditions. It is the same process that decays leaves and other organic debris in nature. Composting merely controls the
conditions so that materials can decompose faster. The composting process produces heat, which drives off moisture destroys
pathogens and weed seeds, and generates carbon dioxide. With good management, it produces a minimum of odors. The
factors that influence composting include:
C:N ratio – Organic materials must be appropriately mixed to provide nutrients needed for microbial activity and growth,
including a balanced supply of carbon and nitrogen. The preferred range is between 25:1 to 30:1 but ranges between 20:1 to
40:1 will also work. The C:N ratio of the pile can either be tested at a lab or estimated using various programs on the internet.
Oxygen – Sufficient levels of oxygen must be maintained in order to minimize the conditions that facilitate the excess
growth of odor causing microbes. It is preferred that the oxygen content be maintained at a level greater than 5 percent.
Factors that decrease oxygen concentration include too much moisture, small material size that increases pile density, pile
sizes that are too large (especially piles in excess of 12 feet tall), and piles that are turned infrequently.
Moisture – Sufficient moisture must be maintained to permit biological activity without hindering aeration. The ideal
moisture range is between 50 percent and 60 percent. Moisture between 40 percent and 65 percent work but this may affect
the oxygen content or require a longer time for the materials to compost. As a rule of thumb, materials are too wet if water can
be squeezed out of a handful of material and too dry if the handful does not feel moist to the touch.
Temperature – temperatures must be maintained that encourage vigorous microbial activity. A well run composting
process will achieve temperature ranges between 130 and 140 degrees F. Temperature ranges between 110 and 150 degrees
F have also shown to be sufficient. Temperature should be taken at the middle depth of the pile, every 10 to 20 feet and the
average temperature recorded. The instrument used to measure temperature should be of sufficient length to reach the center
of the pile.
The preceding guidance was adapted from the Michigan Compost Operator Training Certificate Course and the On-Farm
Composting Handbook. Additional guidance to assist in composting yard wastes can be found in the Frequently Asked
Questions document posted on the composting web site located at www.Michigan.gov/DEQ by clicking on, “Waste,” then “Solid
Waste,” and then “Composting.”

Page 115
City of Ann Arbor
Composting RFP # 730
Page 117
Exhibit D
Current Sales Prices Resolution

Page 116
City of Ann Arbor
Composting RFP # 730
Page 115
Exhibit C
Current Tip Fees
Field Operations Proposed Fee Increases
2010 Budget
ACTIVITY
Cost per Unit
Current Fee
Proposed
Fee
Percent
Increase
Total
Revenue
Impact
Proposed
Eff. Date
Last Fee
Increase
*Yard Waste to Compost
Center-under 10 cubic yards-
City Residents
$11.12/CY
$10/CY
$12/CY
20%
$0
07/01/09 07/01/07
Yard Waste to Compost Center-
10 cubic yards- Non-City
Resident
$11.12/CY
$15/cubic
yard
$18/CY
20%
$0
07/01/09 07/01/07
Yard Waste to Compost Center –
over 10 cubic yards – City Resident
$33.36/CY
$17.50/CY
$22.50/CY
29%
$0
07/01/09 07/01/07
Traffic Sign Inventory Request
$40 per ½ hr $30
$35 per ½ hr
17%
$0
07/01/09 07/01/08
Traffic Signal Timing /Phasing
$45 per 1/2
$35
$40 per ½ hr
14%
$0
07/01/09
07/01/08
Street Lighting Inspections –
Plan Review
$70
$68
$70
3%
$0
07/01/09
07/01/08

Page 117
City of Ann Arbor
Composting RFP # 730
Page 116
Street Lighting Inspections –
Pole Inspections
$200
$188
$200
6%
$0
07/01/09
07/01/08
Explanation: * Residents are allowed 1 cubic yard of compost per visit at no charge
Fee revisions are adjusted for current hourly wages and other expenses.

Page 118
100 N. Fifth Avenue
Ann Arbor, MI 48104
www.a2gov.org
City of Ann Arbor
Legislation Text
Title
Resolution to Approve Compost Rates and to Establish Administrative Guidelines for Future
Compost Rate Changes
Memorandum
The attached resolution establishes new compost rates effective March 1, 2009, and also establishes
guidelines to allow the City Administrator to make compost rate changes in the future. During the
past year, the market pricing for compost has decreased substantially due to the weakened
economy. For example, Southeast Oakland County Resource Recovery Authority has lowered their
compost pricing from $7 per cubic yard in 2008 to $3 per cubic yard in 2009 (minimum $15) for
loaded material, or free for those who shovel.
At the same time, the city’s compost facility has produced a larger quantity of finished compost than
in the past. As the result of this, the city currentlyhas an estimated 10,000 to 15,000 cubic yards of
surplus finished compost that did not sell last year. If this material is not removed from the site by
mid-2009, it may hamper compost processing efforts, particularly in the fall of 2009. The MDEQ is
enforcing new rules that limit the time compost can sit on a site. Compost that has remained static
too long loses a significant portion of its nutrient value.
In an effort to gauge the wholesale market for this material, the city issued Invitation to Bid 3986
requesting pricing for 1,000 cubic yards or more, with pickup of the material due by March 31, 2009.
This bid was sent to approximately 100 landscape suppliers in the area. Two responses were
received on December 12, 2008:
· Environmental Reclamation: $1.00/ton for 5,000 tons (approx. $.50/cubic yard)
· Lodi Farms: $2.75/cubic yard for 1,000 cubic yards
Discussions after the bid with Environmental Reclamation indicated a willingness to pay a higher
price if they were able to pick up the material after March 31 st . Staff re-bid the remaining compost
materials under ITB 3991 with a later pick up date and no bids were received at the January 6, 2009,
opening.
The City Administrator currently has the authority to change rates within the following parameters:
· $15.00-20.00/cubic yard for up to 10 cubic yards per truck load
· $10.00-15.00/cubic yard for 10 to 24 cubic yards per load
· $8.00-13.00/cubic yard for 25 or more cubic yards per load
Currently, rates are set at the lowest points within each of these parameters. Based on market
conditions and the amount of surplus material on hand, staff is recommending that the lower end of
these parameters be adjusted as follows:
· $5.00-20.00/cubic yard for up to 10 cubic yards per truck load
· $2.50-15.00/cubic yard for 10 to 24 cubic yards per load
· $0.50-13.00/cubic yard for 25 or more cubic yards per load
File #: 09-0068, Version: 2
City of Ann Arbor
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Page 119
File #: 09-0068, Version: 2
· $0.50-13.00/cubic yard for 25 or more cubic yards per load
Staff is recommending that the Administrator set the following initial rates:
· $7.00/cubic yard for up to 10 cubic yards per truck load
· $5.00/cubic yard for 10 to 24 cubic yards per load
· $2.75/cubic yard for 25 or more cubic yards per load
Any future rate changes will be posted 15 days in advance on the City's website and at the City's
Material Recovery Facility.
We expect that these price adjustments will allow us to eliminate the current surplus inventory, and
eliminate the potential costs for removal and/or disposal of the unsold surplus in the future.
Staff also evaluated the option of providing finished compost to city residents at no charge. However,
the City-subsidized drop-off station operated by Recycle Ann Arbor currentlysells this material, and
such a give-away would cut into their revenue. Staff is recommending against that option at this
point.
With the significant reduction of market rates for finished compost, staff has initiated an evaluation of
the tip fees for incoming compostable materials. A recommendation on any necessary adjustments
to these tip fees will be brought forward as part of the budget process for the new fiscal year starting
July 1, 2009.
As part of a review of operational efficiencies, staff has also initiated an evaluation of public-private
partnership opportunities for operating the Compost Center, similar to the arrangement that is
currentlyused for operating the City's Material Recovery Facility. A proposal for this evaluation will
be brought to Council within the next 60 days.
This resolution will supercede the compost rate resolution that was passed by City Council on April 7,
2008.
Staff
Prepared by: Tom McMurtrie, Systems Planning Unit
Reviewed by: Matthew J. Kulhanek, Fleet & Facility Manager and Sue F. McCormick, Public
Services Administrator
Approved by: Roger W. Fraser, City Administrator
Body
Whereas, The city currentlyoperates a compost operation providing finished compost and mulch to
customers in Ann Arbor and the surrounding region;
Whereas, The compost center has seen a significant increase in yard waste being delivered to the
site for processing;
Whereas, As a result of increased incoming material, it is estimated that there are approximately
10,000 to 15,000 cubic yards of finished compost material for sale;
Whereas, The City’s Invitationto Bid has indicated that the City’s compost pricing structure needs to
be changed to reflect current market conditions; and
Whereas, It is important for the compost site to move its products in a timely fashion to maximize
City of Ann Arbor
Printed on 4/1/2009
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Page 120
File #: 09-0068, Version: 2
Whereas, It is important for the compost site to move its products in a timely fashion to maximize
revenues, conserve space for other compost related activities on-site and preserve the high quality of
product being sold;
RESOLVED, That City Council approves the following rate parameters for compost products effective
March 1, 2009:
Finished Compost (up to 10 cubic yards): $5.00-20.00/cubic yard
Finished Compost (10 to 24 cubic yards): $2.50-15.00/cubic yard
Finished Compost (25 cubic yards or more): $.50-13.00/cubic yard; and
RESOLVED, That City Council provide staff with the ability to adjust rates within these parameters,
and that such rate changes be approved by the City Administrator;
RESOLVED, That administrative rate changes be instituted only after providing fifteen (15) days
notice via posting at the Material Recovery Facility scalehouse and the City's website;
RESOLVED, That this resolution supersede the compost rates resolution passed by City Council on
April 7, 2008; and
RESOLVED, That City Council authorize the City Administrator to take any necessary actions to
implement this resolution.
City of Ann Arbor
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Page 121
City of Ann Arbor
Composting RFP # 730
Page 121
Exhibit
Current City – RAA DOS Operating Agreement

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