THE VILLAGE OF NORTH PERRY, OHIO BID DOCUMENTS FOR CURBSIDE GARBAGE AND RUBBISH PICKUP SERVICES AND / OR ALTERNATE FOR CURBSIDE RECYCLING

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1 THE VILLAGE OF NORTH PERRY, OHIO BID DOCUMENTS FOR CURBSIDE GARBAGE AND RUBBISH PICKUP SERVICES AND / OR ALTERNATE FOR CURBSIDE RECYCLING ED KLCO MAYOR LYNN C. KARY FISCAL OFFICER BID OPENING DATE: OCTOBER 21, 2016 TIME: 11:00 AM TELEPHONE: FAX:

2 INDEX OF SPECIFICATIONS DESCRIPTION PAGE NUMBER INDEX 2 INVITATION FOR BIDS 3 GENERAL INFORMATION 4 BID PROPOSAL 13 CORPORATE RESOLUTION 15 LIMITED LIABILITY COMPANY RESOLUTION 16 NON-COLLUSION AFFIDAVIT 17 AUTHORIZATION FOR RELEASE OF INFORMATION 18 EXPERIENCE RECORD 19 EQUIPMENT 20 ALTERNATE BID 21 2

3 INVITATION FOR BIDS Sealed bids are invited and will be received by the Village of North Perry, Lake County, Ohio at the office of the Fiscal Officer, North Perry Village Hall, 4449 Lockwood Road, Perry, Ohio until 11:00 am Local Time, on: OCTOBER 21, 2016 And at that time shall be opened and publicly read for furnishing: CURBSIDE PICKUP, REMOVAL AND DISPOSAL OF GARBAGE AND RUBBISH & ALTERNATE FOR CURBSIDE RECYCLING Copies of the Bid Documents, including Bid Specifications, are on file for public inspection and may be purchased at the Office of the Fiscal Officer for a cost of $10.00 picked up or $12.50 delivered by U.S. Mail; also available online at Lynn Kary Fiscal Officer PUBLISH: News Herald September 19, 2016 September 26,

4 Village of North Perry Specifications For Curbside Pickup, Removal, and Disposal Of Garbage and Rubbish (Village Wide Program) The Village of North Perry will accept proposals for the unlimited curbside pickup, and disposal of its domestically generated garbage and rubbish. Only garbage and rubbish materials generated by the residential segments, village hall and village parks will be considered and that generated by the commercial and industrial segments are excluded from this proposal. The unlimited curbside pickup, removal and disposal of rubbish material will be a village wide program. 1. Curbside Collection and Disposal Service The successful bidder will provide unlimited collection, transportation, and disposal of all domestically generated garbage and rubbish material in the Village of North Perry placed at the curb on a weekly basis each Monday (preferably), or the following work day if the hauler's holiday schedule does not permit the normal pickup. Bidder must comply with the Ohio Revised Code in regard to waste hauling and dispose of same in accordance with Ohio EPA requirements. 2. Competency of Bidder The opening and reading of the Proposal shall not be construed as an acceptance of the Bidder as a qualified, responsible Bidder. The Village reserves the right to determine competence and responsibility of a Bidder from its knowledge of the Bidder's qualifications or from other sources. The Village shall require submission, with the Proposal, of certified supporting data regarding the qualifications of the Bidder in order to determine whether he is a qualified Bidder. The Bidder will be required to furnish the following information: A. An itemized list of the Bidder's equipment by type and model number available for use upon award of the Contract. 4

5 B. A copy of the latest available financial statement of the Bidder (or its parent corporation if individual subsidiary or division financial statements are not prepared and generally available) affirmed by a recognized firm of independent certified accountants. C. Evidence that the Bidder is in good standing in the State of Ohio, and, in the case of a corporation or limited liability company organized under the laws of any other state or evidence that the Bidder is licensed to do business in the State of Ohio or a sworn statement that it will take all necessary action to become so licensed if its proposal is accepted. D. The Village requires additional certified supporting data regarding the qualifications of the Bidder, the Bidder shall furnish the following information: 1. Evidence, satisfactory to the Village, that the Bidder is capable of commencing performance as required in the Contract Documents. 2. Evidence, in form and substance satisfactory to the Village, that the Bidder has been in existence as a going concern for in excess of three (3) years and possesses not less that three (3) years actual operating experience as a going concern in refuse collection and disposal. 3. Evidence, in form and substance satisfactory to the Village, that the Bidder possesses the managerial and financial capacities to perform all phases of the work called for in the Contract Documents. 4. Evidence, in form and substance satisfactory to the Village, that Bidder's experience in refuse collection and disposal is based on operations of comparable size as contemplated by the Contract Documents. 5. Such further information as will satisfy the Village that the Bidder is adequately prepared to fulfill the contract. 6. All bidders shall submit a list of current contracts with government agencies in Northeast Ohio for the collection, disposal and or recycling of solid waste. The Bidder may satisfy any or all of the experience and qualification requirements of the paragraph by submitting the experience and qualifications of the parent organization, or a subsidiary engaged in the business of refuse collection and disposal. 5

6 3. Disqualification of Bidders Although not intended to be an exclusive list of reasons for disqualification, any one or more of the following may be considered sufficient for the disqualification of a Bidder and the rejection of the Proposal: A. Evidence of collusion among Bidders. B. Lack of competency as may be revealed by either the financial statements, experience, or equipment statements as submitted or other factors, deemed relevant by the Village. C. Default on any prior governmental contract for failure to perform. 4. Method of Award The Village reserves the right to reject any and all Proposals and to waive defects or irregularities in any Proposal. Any alteration, erasure or interlineation of the Contract Documents and of the Proposal shall render the accompanying Proposal irregular and subject to rejection by the Village. The Village will make award to the lowest and best bid as determined by the discretion of the Village. The Village intends that the Contract shall be awarded and executed within thirty-five (35) days following the date that Proposals are publicly opened and read, with the effective date of service to be December 5, Name, Address and Legal Status of the Proponent Every proposal must contain the full name and address of every person, firm, corporation or limited liability company interested in the proposal. If a corporation, the proposal must disclose the name of and state in which it is incorporated, and the full name and address of the president and secretary. If a limited liability company, the proposal must disclose the name of and state in which formed, and full name and address of the manager or managing members. If a partnership, the proposal must disclose the firm name and address and the name and address of each and every partner. 6. The successful bidder will be required to furnish a one year Performance bond, which is renewable yearly for the life of the contract. The minimum value of the bond shall be equal to three months of estimated billings. All required insurance policies shall name North Perry Village as an additional insured. 6

7 7. Bid Forms A. In case of failure to execute the contract as stated, the bidder will be considered to have abandoned the contract, and the bond shall be forfeited to the Village of North Perry, not as a penalty but as liquidated damages. B. The surety on the bond shall be a duly authorized corporate surety company authorized to do business in the State of Ohio and shall be listed on the US Treasury 570 list. Bidders shall use the bid form provided by the Village of North Perry with the Specifications. 8. Delinquent Personal Property Taxes - Section ORC Successful bidders on contract with a taxing district shall disclose delinquent personal property taxes. After the award by a taxing district of any contract let by competitive bid and prior to the time the contract is entered into, the person making a bid shall submit to the district fiscal officer a statement affirmed under oath that the person with whom the contract is to be made was not charged at the time the bid was submitted, with any delinquent personal property taxes on the general tax list of personal property of any county in which the taxing district has territory or that such person was charged with delinquent personal property taxes on any such list, in which case the statement shall also set forth the amount of such due and unpaid delinquent taxes and any due and unpaid penalties and interest thereon. If the statement indicates that the tax payer was charged with any such taxes, a copy of the statement shall be transmitted by the fiscal officer to the county treasurer within thirty (30) days of the date it is submitted. A copy of the statement shall also be incorporated into the contract, and no payment shall be made with respect to any contract to which this section applies unless such statement has been so incorporated as a part thereof. 9. Scope of Work The work under this contract shall consist of the items contained in the Proposal, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract Documents. 7

8 A. The weekly curbside collection and disposal of unlimited quantities of garbage and rubbish shall be collected on a weekly basis, each Monday, preferred, or the following work day if the hauler's holiday schedule does not permit the normal pickup.: at all households, Village Hall, and Village parks. Collection shall occur between the hours of 7:00 am and 6:00 pm. There are currently an estimated 360 households. Monthly invoices shall reflect the actual number of households on the approved roster. B. Rubbish material is hereby defined as all rejected waste matter accumulating in dwelling houses or other places of inhabitation in the Village, which shall include such matter as rags, pasteboard boxes, discarded mattresses, carpets, matting, oil cloth, junk scrap metals, broken glass, crockery, enameled ware, tin cans, cooking utensils, hardware, ashes, paper products, etc. Garbage is putrefactive animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food and shall not include any item or material unacceptable for disposal. C. The Contractor will pick up, transport, and dispose of large furniture and appliances, such as, couches, recliners, refrigerators, stoves, hot water heaters, air conditioners, etc., as required, on normal pickup day. All appliances with freon must have an inspection tag for freon removal. It will be the resident s responsibility and cost to have the freon removed. D. Each truck used in the collection of rubbish or garbage shall display the name of the Contractor. Existing garbage and refuse toters are property of the Village and shall be used on this contract. The Contractor shall provide replacement toters at the unit bid price, if and as ordered by the Village. E. A 100% bid bond or cashier s check, or certified check in the amount of ten percent (10%) of the amount bid must be submitted with the bid as a guarantee that in the event the proposal is accepted and a contract is awarded to the successful bidder, that the contract will be executed and its performance properly secured. F. The contractor shall invoice the Village monthly. The quantity invoiced for residential pick up shall be the quantity on the Village s roster of required residential service. The Village will pay said invoice within 30 days of receipt. G. All proposals must be signed by an officer or employee of the bidder who is authorized to submit the proposal. H. Bidder is to use the forms provided within the Bid Specifications. 8

9 I. The bidder shall submit prices for these services for the entire four (4) year contract period; however, the Village reserves the right to award a contract for one, two, three, or four years, at its discretion. The bidder may, but does not have to provide Alternate prices for an alternate pick up day (other than Monday). The bidder may, but does not have to bid the Alternate for Curbside Recycling. 10. Effective Date This contract shall be effective on December 5, 2016 upon the execution of the contract by the Mayor, Fiscal Officer, and successful bidder. 11. Non-discrimination The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, handicap or national origin. 12. Indemnity The contractor will indemnify, save harmless, and exempt the Village, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees incident to any work done in the performance of the Contract arising out of any act or omission of the Contractor, its officers, agents, servants, and employees for any suits, actions, legal proceedings, claims, demands, damages, cost, expenses, and attorney's fees except for those claims arising out of a willful or negligent act or omission of the Village, its officers, agents, servants, and employees. 9

10 13. The Village shall be named as an additional insured on all insurance policies required under these specifications. and Contractor shall provide written confirmation thereof from its insurer. The contractor shall at all times during the term of the Contract maintain in full force and effect Employers' Liability, Worker's Compensation, General Liability,. Property Damage, and Contractual Liability coverage for the provisions of Paragraph 12. All insurance shall be by insurers and for policy limits acceptable to the Village and before commencement of work hereunder the Contractor agrees to furnish the Village certificates of insurance or other evidence satisfactory to the Village to the effect that such insurance has been procured and is in force. The certificate(s) shall be on a standard current Accord form. For the purpose of the Contract, the Contractor shall carry the following types of insurance and at least the limits specified below: Coverages Limits of Liability Worker's Compensation Employers' Liability General Liability: Bodily Injury &Property Damage Liability Automobile Bodily Injury Liability Property Damage Statutory $1,000,000 $2,000,000 each occurrence $4,000,000 aggregate $2,000,000 each person $2,000,000 each occurrence $1,000,000 each occurrence The property damage provisions of any policy shall carry a deductible of no more than $2,000. Written notice of cancellation for non-payment of premium shall be at least 10 days. Written notice of cancellation for any reason other than non-payment or non-renewal shall be at least 30 days. The General Aggregate shall have a Per Project Aggregate Limit endorsement. 10

11 14. Performance A. The work shall be accomplished in such a manner so as not to create a nuisance. If at any time material is not collected on the regularly scheduled day, the Contractor shall notify the Fiscal Officer as to reason and the anticipated length of such delay. If at any time the Contractor fails to maintain the regular collection schedule for a period of one (1) day, the Village may at its sole discretion provide for the collection of such material as it may determine. Cost of such collection shall be at the expense of the Contractor. The Contractor shall, upon request from the Fiscal Officer, immediately adjust any and all complaints by residents of the Village. In the event of difference of opinion as to the validity of any complaint, the ruling of the Fiscal Officer shall be binding upon all parties. B. Should any default be made in any of the agreements herein on the part of the Contractor, the Village reserves the right to rescind this contract and terminate the same by giving ten (10) days notice in writing to the Contractor of the intention of the Village Council to do so, which shall state the cause of the default. At the Contractor's written request, given within 10 days after receiving the village notice, the Village Council will provide the Contractor a hearing, and after the hearing thereof, the determination of the Village Council shall be absolute and final. Upon the rescission of the Contract, all rights of the Contractor in the said Contract shall cease and terminate, and the Village shall have the right to hold the Contractor and its surety liable for any and all extra damages that the Village may suffer by virtue of the rescission of said Contract. C. This rescinding provision is made on account of the vital interest of the Village in the public health and welfare of the inhabitants which necessitates that this Contract be carried out strictly according to the letter and spirit of the terms herein set forth. To have a contractor who would violate its contract with the Village would threaten the public health of the Village of North Perry. D. The Contractor shall, before submitting a proposal, familiarize itself with the present practices of refuse collection in the Village. It is the express purpose of the Village Council not to have any of the current standards diminished as a result of this Contract. The present refuse collection practices generally observed at this time can be expected to be the same as those to be observed throughout the term. Spills, both during collection or during the haul, are detrimental to the public health and therefore will not be permitted in the least. 11

12 15. Contractors Records The Contractor shall maintain its books and records related to the performance of the Agreement in accordance with the following minimum requirements. A. The Contractor shall maintain any and all ledgers, books of account, invoices, vouchers and canceled checks, as well as all other records or documents evidencing or relating to charges for services, expenditures or disbursements borne by the Village for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor pursuant to the Agreement. B. The Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. 16. Laws to Govern This agreement is entered into and is to be performed in the State of Ohio. The Village and Contractor agree that the law of the State of Ohio shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall govern the interpretation of this Agreement. 17. Transferability The Contractor shall not assign or sublet this Contract or any part thereof, without the written consent of the Village of North Perry, and in the event that such consent of the Village of North Perry is obtained, the Contractor and its surety shall be liable for the faithful performance of the contract for the remainder of the term. 18. Termination of Contract The Village of North Perry reserves the right to terminate the Contract providing garbage and/or recycling. The Village shall serve upon the Contractor written notice of said termination no later than sixty (60) days prior to said termination date. 19. Obeyence of Laws All trucks must obey state laws and laws of North Perry Village. (i.e., Speed limits, correct lane of travel, etc.) 12

13 Form to be used by Bidder BID PROPOSAL Curbside Garbage and Rubbish Pickup and Disposal Service Village of North Perry (Fuel surcharges incorporated into bid prices) Beginning December 5, 2016 TO: The Village of North Perry, Ohio for curbside garbage and rubbish pickup and disposal service per specifications. Name of Bidder Address Date Submitted (an individual) _ (a partnership) _ (a corporation) _ (a limited liability company) du1y organized under the laws of the State of The undersigned having carefully read and considered the terms and conditions of the specifications for the Curbside Garbage and Rubbish Pickup and Disposal Services for the Village of North Perry, does hereby offer to perform such services on behalf of the Village, of type and quality and in the manner described, and subject to and in accordance with the terms and conditions set forth in the Contract Documents at the rates( expressed in work and figures) hereinafter set forth and the bidder agrees upon prior written notice received from the village on a quarterly basis to service any additional units at the same price per unit. Any increases in price will not be retroactive. 13

14 No alternatives, deletions, or additions shall be made of this form as it may render the bid invalid. Alternative proposals can be submitted, where so designated within the bid proposal for review by the Village, but with the understanding the Village of North Perry has sole authority to consider or reject an alternative proposal. BIDDER: ADDRESS: CONTACT PERSON: TELEPHONE NUMBER: FAX NUMBER: AUTHORIZED SIGNATURE: PRINTED AUTHORIZED SIGNATURE: TITLE: Bid Bond Enclosed Bond Company Identification No. Certified Check Enclosed Bank Name Identification No. 14

15 CORPORATE RESOLUTION, Secretary of an (a) Corporation, hereby certified that the following is a true and correct copy of a resolution du1y adopted by the Board of Directors of, on 20, to wit: "Resolved that of this Company, namely, be and he hereby is authorized and directed to enter into any and all contracts, bid guaranty and performance bonds with NORTH PERRY VILLAGE, for the purpose of furnishing equipment, labor, and materials as to CURBSIDE GARBAGE AND RUBBISH PICK-UP AND DISPOSAL SERVICE as such price and upon such terms and conditions, including any amendments or modifications thereto, and said in his sole discretion shall deem best, and that said actions shall be binding upon the Corporation. Resolved, further, that said be, and he further is hereby authorized and directed to execute and deliver unto said NORTH PERRY VILLAGE other instruments which in his discretion he shall deem necessary to carry out the foregoing resolution." IN WITNESS WHEREOF, I have hereunto set my hand and affixed seal of said corporation at this day of, 20, and I further certify that said resolution is still in full force and effect. SECRETARY SEAL 15

16 LIMITED LIABILITY COMPANY RESOLUTION, manager or managing member of an (a) Limited Liability Company hereby certifies that the following is a true and correct copy of a resolution duly adopted by the members of on,, 20, to wit: "Resolved that of this Company, namely, be and he hereby is authorized and directed to enter into any and all contracts, bid guaranty and performance bonds with NORTH PERRY VILLAGE, for the purpose of furnishing equipment, labor and materials as to CURBSIDE GARBAGE AND RUBBISH PICK-UP AND DISPOSAL SERVICE at such price and upon such terms and conditions, including any amendments or modifications thereto, as said in his sole discretion shall deem best, and that said actions shall be binding upon the limited liability company. Resolved, further, that said be, and he further is hereby authorized and directed to execute and deliver unto NORTH PERRY VILLAGE other instruments which in his discretion he shall deem necessary to carry out the foregoing resolution." IN WITNESS WHEREOF, I have hereunto set my hand and affixed seal of said limited liability company at this day of, 20, and I further certify that said resolution is still in full force and effect. SEAL Member, Managing Member 16

17 FORM OF NONCOLLUSION AFFIDAVIT STATE OF ) ) SS COUNTY OF ) being duly sworn, deposes and says that he is (Sole Owner, a Partner, President, Secretary, Member or Managing Member, etc.) of the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said Bidder has not colluded, conspired, connived, or agreed, directly or indirectly with any Bidder or person, to put in a sham bid, or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion or communication or conference, with any person, to fix the bid price of affiant or any other Bidder, or to fix any overhead, profit, or cost element of said Bid price, or of that of an other Bidder, or to secure any advantage against, the Owner, or any person interested in the proposed Contract; and that all statements contained in said proposal or bid are true; and further, that such Bidder has not, directly or indirectly, submitted this Bid, or the contents thereof, or divulged information of data relative thereto to any association or to any member or agent thereof. Affiant 20. Subscribed and sworn to before me this day of Notary Public My Commission Expires: 17

18 AUTHORIZATION FOR RELEASE OF INFORMATION THE UNDERSIGNED HAS SUBMITTED A BID TO PROVIDE REFUSE COLLECTION AND DISPOSAL SERVICES FOR THE VILLAGE OF NORTH PERRY, OHIO. AS A CONDITION OF MEETING THE REQUIREMENTS OF THE BID DOCUMENTS AND BID SPECIFCATIONS, (I) (WE) HEREBY AUTHORIZE THE VILLAGE OF NORTH PERRY, OHIO, THROUGH ITS AUTHORIZED OFFICIALS, TO INVESTIGATE AND TO INQUIRE INTO ANY CONTRACT WHICH (I) (WE) PRESENTLY HAVE OR HAVE HAD WITH ANY OTHER OHIO GOVERNMENTAL SUB-DIVISION FOR REFUSE COLLECTION AND DISPOSAL SERVICES, AND TO ASCERTAIN ANY AND ALL INFORMATION WHICH MAY CONCERN (MY / OUR) CONTRACT EXPERIENCE WITH SUCH OHIO GOVERNMENTAL SUB-DIVISION; AND (I) (WE) HEREBY RELEASE AND SAVE HARMLESS ANY OHIO GOVERNMENTAL SUB-DIVISION OR OFFICIALS(S) OR FORMER OFFICIAL(S) THEREOF FOR ANY DAMAGES OR CLAIMS FOR DAMAGES ON ACCOUNT OF FURNSIHING SAID INFORMATION. SIGNATURE 18 TITLE SIGNATURE TITLE FIRM NAME ADDRESS TELEPHONE DATE SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF, 20. (Notary Seal)

19 EXPERIENCE RECORD In the space below or on attached sheets, the bidder shall list work of a similar character that he has done, and shall give reference and other data sufficiently detailed to enable the Village of North Perry to judge his ability, experience, and responsibility. The bidder shall show that he has sufficient organization and equipment to properly carry on the work in accordance with the provisions of the Contract Documents. 19

20 LIST OF EQUIPMENT In the space below or on attached sheets, the bidder shall list all equipment by type and model number available for use upon award of the contract. This list will include both regularly used equipment and backup equipment available. The bidder shall show that he has sufficient equipment to properly carry on the work in accordance with the provisions of the Contract Documents. 20

21 ALTERNATE CURBSIDE RECYCLING A. Contractor may submit an alternate bid for Curbside Recycling. The specifications for the curbside recycling shall be as follows: 1. Collection. Contractor shall collect and remove all commingled Recyclable Materials, which are segregated from solid wastes that do not constitute Recyclable Materials and that are placed in or adjacent to Collection Containers at the roadside on public streets. All residential units and government buildings shall be serviced. Ownership of any Recyclable Material or any solid waste that is collected by the Contractor is established upon possession by the Contractor, and the person placing that property at the roadside for collection shall have any right, title or interest in or to any such Recyclable Material or solid waste at any time prior to collection by the Contractor. 2. Recyclable Materials Defined. For the purposes of this Agreement, Recyclable Materials includes, but is not limited to newspapers (including advertisements), glass, food and beverage containers (all colors), aluminum beverage containers, bimetal containers, empty aerosol cans, HDPE#1 and PET #2, magazines, chip board such as cracker and cereal boxes, old corrugated cardboard (and such other materials as mutually agreed upon in writing by Contractor and District), which are collected by Contractor pursuant to paragraph A.1 of this Section. 3. Time of Collection. Contractor shall collect the Recyclable Materials placed at the roadside for collection according to the selected scenario of curbside, in all participating residences within the Village in accordance with this Agreement, regardless of weather conditions. Collection delays associated with weather conditions may be approved by the Mayor or his designee after the reason for delay has been communicated to the mayor or his designee by the Contractor. Pursuant to the bid specification, the selected, curbside will determine the terms of collection. Curbside. Collection at any particular residence shall be on the same day of each week as the regular garbage is collected on a bi-weekly basis. In no case will collection routes be changed without express authorization of the Village. Collection schedules for holidays will be maintained in accordance with a Holiday. Schedule. The following shall be the holidays for purposes of this Agreement: New Year s Day Labor Day Memorial Day Thanksgiving Day Independence Day Christmas Day Collection shall occur between the hours of 7:00 am and 6:00 pm. 4. Curbside Collection Containers. Existing recycle toters are property of the Village and shall be used on this contract. The Contractor shall provide replacement toters at the unit bid price, if and as ordered by the Village. The Village is open to optional Container specs. The Container description and cost can be included in the Alternate Bid. 21

22 5. Transportation of Materials. Contractor shall have sole responsibility for (a) collecting Recyclable Materials from residences and government buildings, (b) transporting Recyclable Materials to a processing facility for processing to the extent that processing is required for the recycling of the Recyclable Materials, and (c) storing, marketing and transporting to purchasers or other users all Recyclable Materials that are collected by Contractor under this Agreement. Those services shall be provided by Contractor at its sole cost and expense without liability to the Village or the County. All Recyclable Materials collected by the Contractor shall be recycled and none of the Recyclable Materials collected by the Contractor shall be disposed, regardless of the value of the Recyclable Materials, the cost of collection, transportation, processing or marketing the Recyclable Materials, comparative disposal costs or any other financial consideration. 6. Labor, Equipment and Costs. Contractor shall, at its sole cost and expense, except as otherwise provided herein, furnish all labor and equipment required to perform its obligations under this Agreement. 7. Missed Pickups. In the case of a missed pickup called in by a Village resident, Contractor shall collect the Recyclable Materials from such resident within 24 hours. All calls and resolutions of calls relating to missed pickups shall be logged by Contractor and such log shall be available for inspection by the Village. All complaints received by the Village shall be logged and forwarded to the Contractor by the Village within twenty-four (24) hours. 8. Type of Collection Vehicles. Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles and other equipment shall be kept in good repair, appearance and in sanitary condition at all times. Each vehicle shall have clearly visible, on each side, the identity and telephone number of the Contractor. A mounted, yellow strobe light is also required on each vehicle. The collection vehicles must be licensed in the State of Ohio and shall operate in compliance with all applicable state, federal and municipal laws and regulations including but not limited to environmental laws and regulations. 9. Contamination. Recyclable Materials commingled in a Collection Container with solid wastes that do not constitute Recyclable Materials shall not be collected by Contractor. Contractor shall leave a completed form in the Collection Container explaining the reason the Recyclable Materials and other commingled solid wastes were not collected. 10. Standard of Performance. All of Contractor s responsibilities under this Agreement shall be performed to the satisfaction of the Village. In performing its duties under this Agreement, Contractor shall have due regard for traffic safety, and for the safety of persons and property on and off the roads. Collections Containers shall not be left on the traveled portion or berm or sidewalk of any road, nor in any position which may create a hazard. Spills shall be promptly and thoroughly cleaned up and removed. 22

23 ALTERNATE BID PROPOSAL Curbside Recycling Village of North Perry Beginning December 5, 2016 (Fuel Surcharges are to be incorporated into bid pricing) TO: The Village of North Perry, Ohio for curbside recycling service per specifications. Name of Bidder Address Date Submitted (an individual) _ (a partnership) _ (a corporation) _ (a limited liability company) du1y organized under the laws of the State of The undersigned having carefully read and considered the terms and conditions of the specifications for the Curbside Garbage and Rubbish Pickup and Disposal Services for the Village of North Perry, does hereby offer to perform such services on behalf of the Village, of type and quality and in the manner described, and subject to and in accordance with the terms and conditions set forth in the Contract Documents at the rates( expressed in work and figures) hereinafter set forth and the bidder agrees upon prior written notice received from the village on a quarterly basis to service any additional units at the same price per unit. Any increases in price will not be retroactive. You may copy the bid schedule to detail other recycling options available from your company to the Village such as optional pick ups, different styles or size of recycling totes, etc. Please describe services in detail and/or present brochures. Please be specific and submit as many bid proposal pages as necessary for the various options proposed. 23