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
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
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.