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Exhibit 10.8
NOTE: A SECOND SERVICE AND SUPPLY AGREEMENT SUBSTANTIALLY IDENTICAL TO THE AGREEMENT FILED AS THIS EXHIBIT 10.10 WAS ENTERED INTO BY IESI NY CORPORATION AND THE CITY OF NEW YORK ACTING BY AND THROUGH THE DEPARTMENT OF SANITATION. ATTACHED TO THE END OF THIS EXHIBIT IS THE RELATED BID SHEET AND SIGNATURE PAGE FOR THE SECOND SERVICE AND SUPPLY AGREEMENT.
CITY OF NEW YORK
INVITATION FOR BIDS
ON A
SERVICE AND SUPPLY CONTRACT
THE BID DOCUMENT PACKAGE
(contains)
Information for Bidders (Module “A”)
Bid Forms (Module “B”)
Scope of Work - Detailed Specifications (Module “C”)
Terms of Agreement (Module “D”)
Schedule A, Insurance Requirements & Bond Forms (Module “E”)
Attachments (Module “F”)
For Furnishing all Labor and Material necessary and required for:
Export Of Municipal Solid Waste
From
PIN: 82703WD00036
NOTICE
The Bid Documents Book is organized into Modules A through F.
CONTENTS
1
INFORMATION FOR BIDDERS
SUPPLY AND SERVICE CONTRACTS
New York City Department of
Sanitation Bid-Specific Information for Bidders
1. Summary of the Procurement
The New York City Department of Sanitation (“ DSNY ”) is seeking to award one or more contracts to qualified firms (“ Contractors ”) who shall provide all of the labor, materials, equipment, transport, facilities, and resources necessary and required to accept, process, transport, and dispose of a minimum of 100 tons per day (“ TPD ”) of municipal solid waste (“ MSW ”) collected by DSNY and its authorized representatives in the borough of Brooklyn. DSNY anticipates awarding one or more contracts under this solicitation.
The qualified Contractors shall:
own, operate, or have an agreement with the owner and the operator to use: (a) a putrescible solid waste transfer station (“ Transfer Station ”) located within the borough of the City of New York (the “ City ”) within which the MSW is collected; or (b) a solid waste management facility (“ Solid Waste Management Facility ”) located outside of the City, no more than 50 miles from the egress points from the City designated in Exhibit 1 , which will accept MSW collected by DSNY or its authorized representatives in Brooklyn; and
accept, process, transport, and dispose of the MSW at permitted, licensed or otherwise authorized disposal facilities (“ Disposal Facilities ”) which are located outside of the City which are either owned and operated by the bidder, or have an agreement between the owner and the operator, and the bidder for use of the Disposal Facility.
Any agreement between the bidder and the owner and the operator of a Transfer Station or Solid Waste Management Facility, or Disposal Facility shall be for the term of the contract that DSNY may award to the bidder(s) under this solicitation and any extensions thereof. A Transfer Station located within the City shall have all of the permits required by the State of New York and the City, and one located outside of the City shall have all of the permits, licenses and authorizations (“ Permits and Authorizations ”) required by the state and locality within which it is located by the bid opening date.
A Contractor may own or operate the Transfer Station, the Solid Waste Management Facility, a Disposal Facility or an MSW transporter, or it may perform one of these functions and subcontract the others. The Contract(s) to be awarded will be for a term of three years with an option to extend the Contract, at DSNY’s discretion, for two additional terms of up to one year each.
Besides meeting all of the requirements set forth in the Detailed Specifications, each Transfer Station, Solid Waste Management Facility and Disposal Facility shall comply with all of the applicable federal, state and local laws, rules, and regulations concerning Transfer Stations, Solid Waste Management Facilities, and Disposal Facilities. Each
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transporter of MSW shall comply with all of the applicable federal, state and local laws, rules and regulations governing the transport of MSW.
Each bidder may submit more than one bid in response to this solicitation. However, the bidder shall only submit one bid for each Transfer Station or Solid Waste Management Facility that it designates for the acceptance of MSW in each bid submitted in response to this solicitation. DSNY will reject as non-responsive all bids other than the bid setting forth the lowest Price per Ton submitted by a bidder designating the same Transfer Station or Solid Waste Management Facility for the acceptance of MSW.
2. Term of the Contract
The Contract(s) to be awarded will be for a term of three years with an option to extend the Contract, at DSNY’s discretion, for two additional terms of up to one year each.
3. Time and Place for the Receipt of Bids
The Department shall receive all sealed bids at the following location on or before the date and time set forth below:
New York City Department of
Sanitation Contracts Unit
Date: February 4, 2003
Time: 11:00 am
4. Pre-Bid Conference
The Department will hold a pre-bid conference on the date and time and at the location set forth below:
Time: 10:00 a.m.
Date: January 13, 2003
Place: 44 Beaver Street, 12
th
Bidder attendance at this pre-bid conference is:
Failure to attend a mandatory pre-bid conference may constitute grounds for the rejection of your bid.
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Nothing stated at the pre-bid conference shall change the terms or conditions of this Invitation for Bids unless a change is made by written amendment.
Please notify the Agency Contact of the number of representatives from your firm that will attend the conference at least five City working days before the date of the pre-bid conference.
5. Agency Contact Person
Any questions or correspondence relating to this Invitation for Bids must be addressed to:
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INFORMATION FOR BIDDERS
( Standard Information for All Supply and Service Contracts)
TABLE OF CONTENTS
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Standard Information for Bidders – DSNY Supply and Service Contracts
NEW YORK CITY DEPARTMENT OF SANITATION
STANDARD INFORMATION FOR
BIDDERS
1. Information Specific to this Bid Solicitation
See the Bid-Specific Information for Bidders, attached as Module A-1 .
2. Bid Submission Requirements
2.1 Each bidder must submit the completed bid to the Department of Sanitation (“ DSNY ”) in a sealed envelope. This envelope must indicate:
(a) the name of the person, firm or corporation presenting the bid;
(b) the bid opening date;
(c) the PIN number; and
(d) the bid title.
The bidder must sign and have the bid and all other documents requiring signature notarized. Failure to comply with these instructions may result in rejection of your bid.
2.2 For a bid to be deemed responsive, the bidder must complete and submit the following forms contained in the Bid Booklet. Failure to comply with any of the following bid submission requirements may result in rejection of your bid:
(a) Bid Form, including the MacBride Principle Provisions Checkoff and the Affirmation of Non-Debt (Tax Affirmation);
(b) Bid Security (if required by Schedule A );
(c) VENDEX Questionnaires (if required; see Section 26, below); and
3. Definitions
The definitions set forth in Chapter 1 of the Rules of the Procurement Policy Board (the “ PPB Rules ”) of the City of New York (the “ City ”)apply to this Information for Bidders. All references to “ Section ” in this information for Bidders mean a section of the Instructions to Bidders, unless the surrounding text clearly indicates otherwise.
4. Invitation For Bids and Contract Documents
4.1 Except for titles, subtitles, headings, running headlines, tables of contents and indices (all of which are printed in this Invitation for Bids merely for
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convenience) the following, except for such portions as may be specifically excluded, are deemed to be part of the Contract and the Bid Documents:
(a) the Advertisement and Invitation for Bids.
(b) the Bid.
(c) the Agreement.
(d) the Budget Director’s Certificate.
(e) the Specifications.
(f) the Contract Drawings (if any).
(g) all addenda issued by the Commissioner prior to the receipt of bids (if any).
(h) all provisions required by law to be inserted in this contract whether actually inserted or not.
(i) the Notice of Award.
(j) Performance and Payment Bonds (if required by Schedule A ).
(k) the Notice to Commence Work.
4.2 For particulars as to this procurement, including quantity and quality of the purchase, extent of the work or labor to be performed, delivery and performance schedule, and any other special instructions, prospective bidders are referred to the Detailed Specifications (Scope of Work) of the Invitation for Bids ( Module C ). A full set of the documents composing the Invitation for Bid, including the Detailed Specifications, can be obtained at the following location:
Contracts Unit
4.3 Bid Deposit, if Required
Prospective bidders may obtain a copy of the Invitation for Bid documents by complying with the conditions set forth in the Advertisement for Bids. If a bid deposit is required, the deposit must be in the form of: (a) a money order, (b) a certified check made payable to the order of the City of New York, and drawn upon a state or national bank or trust
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company; or (c) a bank check that has been issued by a state or national bank or trust company and signed by an authorized officer.
4.4 Return of Deposit
DSNY will return each bid deposit within 30 days after the award of the contract or the rejection of all bids if the bidder returns the Invitation for Bids document to DSNY’s Contract Clerk in a physical condition that is satisfactory to the Agency Chief Contracting Officer.
4.5 Additional Copies of the Invitation for Bids Documents
The bidder’ may obtain additional copies of the Invitation For Bids documents subject to the conditions set forth in the Advertisement for Bids.
5. Examination of Proposed Contract
5.1 Request for Interpretation or Correction
(a) Prospective bidders must examine the Contract Documents carefully, and before bidding must request the Commissioner in writing for an interpretation or correction of every patent ambiguity, inconsistency or error in the Contract Documents that should have been discovered by a reasonably prudent bidder.
(b) The Commissioner’s interpretation or correction, as well as any additional contract provisions the Commissioner may decide to include, will be issued in writing by the Commissioner as an addendum to the contract.
(c) DSNY will send all addenda by mail, facsimile, or private delivery service to each person recorded as having received a copy of the contract documents from the Contract Clerk. DIS will also post all addenda at the place where the contract documents are available for the inspection of prospective bidders.
(d) Upon mailing or delivery and posting, each addendum becomes a part of the contract documents, and is binding on all bidders, whether or not DSNY can show that a bidder received actual notice of the addendum.
5.2 Only Agency Chief Contracting Officer’s Interpretation or Correction Binding
Only the Agency chief Contracting Officer’s written interpretation or correction is binding. Prospective bidders are warned that no other officer, agent or employee of the City is authorized to give information concerning the bid solicitation, or to explain or interpret the contract documents.
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6. Form of Bid
Each bid must be submitted upon the form included with the bid, and must contain:
6.1 the name, residence and place of business of the bidder and of the person or persons signing the bid;
6.2 the names of all persons interested in the bid. If no other person is so interested, the bidder must specifically state this fact;
6.3 a statement to the effect that this bid is made without any connection with any other person submitting a bid under the same bid solicitation, and that the bid is in all respects fair and has been made without collusion or fraud;
6.4 a statement that no Councilman or other officer or employee or person whose salary is payable in whole or part from the City Treasury is directly or indirectly interested in the supplies, materials or equipment, services, work or labor to which it relates, or in any portion of the profits that may be made from obtaining the contract;
6.5 a statement that the bidder is not in arrears to the City or to any agency upon a debt or contract or taxes, and is not a defaulter as surety or otherwise upon any obligation to the City or to any City agency except as set forth in the bid.
7. Bidder’s Oath
7.1 An authorized representative of the bidder must properly sign the bid. The same authorized representative must sign a written oath that all matters stated in the bid, and all information furnished in the bid, are true in all aspects.
7.2 If the bidder willfully or fraudulently makes a materially false statement in connection with the bid, or on any of the forms completed and submitted with the bid, the City may terminate any contract between the City and the bidder. In addition, the city may bar the bidder from participating in future City contracts, and the bidder may be subject to criminal prosecution.
8. Site Visit
Where the solicitation involves performance of services on City facilities, the City urges every bidder to: (a) inspect the site where services are to be performed prior to the bid opening date; and (b) to satisfy itself as to all general and local conditions that may affect the cost of performance of the Contract. A bidder’s failure to inspect a site prior to bidding will not constitute grounds for withdrawing a bid after opening under any circumstances, or be grounds or for a claim after award of the Contract.
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9. Bids Must Be Typewritten or Written Legibly in Ink
Each bidder must submit its bid typewritten or written legibly in ink and shall sign the bid in ink. The signer must initial any and all erasures or alterations to the bid in ink. DSNY may reject a bid that fails to conform with the requirements of this Section.
10. Facsimile, Telegraphic, or Mailgram Bids
Facsimile, telegraphic, or mailgram bids are not allowed in response to this solicitation, unless the Contract-Specific Information for Bidders (Module A-1) specifically states that DSNY will accept them. See the Contract-Specific Information (Module A-1) for Bidders for the Time and Place for Receipt of Bids.
11. Irrevocability of Bid
The bidder cannot revoke the prices set forth in the bid, and these prices shall be effective until the award of the contract, unless the bid is withdrawn as provided for in Sections 15 and 18, below.
12. Acknowledgment of Amendments
The bidder must acknowledge the receipt of any amendment and/or addendum to the bid solicitation documents.
13. Bid Samples and Descriptive Literature
The bidder must not submit bid samples and descriptive literature unless DSNY expressly requests them in another section of the bid solicitation documents. DSNY will not examine or test any unsolicited bid samples or descriptive literature that are submitted, and such submissions shall not be deemed to vary any of the provisions of the bid solicitation documents or the contract.
14. Proprietary Information; Trade Secrets
Each bidder must (a) identify those portions of its bid that the bidder deems to be confidential, proprietary information or trade secrets; and (b) provide justification as to why the City shall not disclose the identified material. The bidder must clearly indicate all materials the bidder desires to remain confidential by stamping the top and bottom of the pages on which such information appears with the word “CONFIDENTIAL.” Materials stamped “CONFIDENTIAL” must be easily separable from the non-confidential sections of the bid.
DSNY will review all materials stamped “CONFIDENTIAL,” and will communicate to the bidder in writing any decision not to honor a request for confidentiality. If a bid is not successful, DSNY will return all confidential materials to the bidder. DSNY must make available to the public all prices, makes and model or catalog numbers of the items offered, deliveries, and terms of payment after bid opening regardless of any designation of confidentiality the bidder has made.
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15. Pre-Bid-Opening Modification or Withdrawal of Bids
15.1 Before the bid opening, a bidder may modify or withdraw any bid by giving DSNY written notice of the modification or withdrawal. DSNY must receive this written notice in the office designated in the Bid-Specific Information for Bidders (Module A-1) before the time and date set for the bid opening.
15.2 A bid modification or withdrawal sent by facsimile, telegraphic or mailgram modification or withdrawal shall be effective if it is received in the manner set forth in the PPB Rules.
15.3 If the bidder withdraws a bid in accordance with this Section, DSNY will return the bid security (if any) to the bidder.
16. Bid Evaluation and Award
In accordance with the New York City Charter, the PPB Rules and the terms and conditions of this Invitation For Bids, DSNY shall award this contract, if at all, to the responsible bidder, whose bid: (a) meets the requirements and evaluation criteria set forth in this Invitation For Bids; and (b) whose bid price is either the most favorable bid price (or, if this Invitation For Bids so states, the most favorable evaluated bid price). A bid may not be evaluated for any requirement or criterion that is not disclosed in the Invitation For Bids.
Restrictions
16.1 DSNY will not engage in negotiations with any bidder except under the circumstances and in the manner set forth in Section 21.3 of this Standard Information for Bidders (Module A-2) below.
16.2 Nothing in this Section shall be interpreted to permit DSNY to award a contract to a bidder that submits a higher quality item than the quality designated in the bid solicitation documents unless that bid is the most favorable bid.
17. Late Bids, Late Withdrawals and Late Modifications
17.1 DSNY will not consider any bid received at the place designated in the Invitation for Bids after the time and date set for the receipt of bids.
17.2 DSNY will not consider any request for withdrawal or modification received at the place designated in the Invitation for Bids after the time and date set for the receipt of bids.
17.3 DSNY will consider a late modification of a successful bid that makes the bid terms more favorable to the City.
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18. Withdrawal of Bids
18.1 Except as provided for in Section 15, above, a bidder may not withdraw its bid before the expiration of 45 days after the date of the opening of bids.
18.2 After 45 days, a bidder may withdraw its bid only in writing before the contract is awarded.
18.3 If within 60 days after the execution of the contract the Commissioner does not fix the date for commencement of work by written notice to the bidder, the bidder, at his option, may give written notice to the Commissioner asking to be relieved of the bidder’s obligation to perform the contract work. If the bidder does give such notice to the Commissioner, and the request to withdraw is granted, the bidder waives all claims in connection with this contract.
19. Mistake in Bids
19.1 Mistake Discovered Before Bid Opening
A bidder may correct mistakes discovered before the time and date set for bid opening by withdrawing or correcting the bid as provided in Section 15, above.
19.2 Mistakes Discovered Before Award
In accordance with the PPB Rules, if a bidder alleges a mistake in bid after bid opening and before award, the bid may be corrected or withdrawn upon written approval of the Agency Chief Contracting Officer and Agency Counsel if the following conditions are met
(a) Minor Informalities. Minor informalities in bids are: (a) matters of form rather than substance that are evident from the bid submission documents; or (b) insignificant mistakes that can be waived or corrected without prejudice to other bidders (meaning that the effect on price, quantity, quality, delivery, or contractual conditions is negligible). Depending on which is in the best interest of the City, the Agency Chief Contracting Officer may waive such informalities or allow the bidder to correct them.
(b) Mistakes Where Intended Correct Bid is Evident. If the mistake and the intended correct bid are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid document are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors.
(c) Mistakes Where Intended Correct Bid is Not Evident. A bidder may be permitted to withdraw a low bid if:
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(1) a mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or
(2) the bidder submits proof of evidentiary value that clearly and convincingly demonstrates that a mistake was made.
19.3 Mistakes Discovered After Award.
Mistakes shall not be corrected after award of the contract except where the City Chief Procurement Officer, with the approval of Corporation Counsel, makes a written determination that it would be unconscionable not to allow the mistake to be corrected.
19.4 Remedy for Mistake.
(a) Unless otherwise required by law, the sole remedy for a bid mistake in accordance with this Section 19 shall be : (a) withdrawal of that bid; and (b) the return of the bid bond or other security (if any) to the bidder.
(b) Any amendment to, or reformation of, a bid or a contract to rectify a mistake or an in the bid or contract is strictly prohibited.
(c) After the bid with a mistake has been withdrawn, the City may, in its discretion: (a) award the contract to the next lowest responsive, responsible bidder, or (b) rebid the contract.
20. Low Tie Bids
20.1 When two or more low responsive bids from responsible bidders are identical in price, and meet all the requirements and criteria set forth in the Invitation For Bids, the Agency Chief Contracting Officer will break the tie in the following manner and order of priority:
(a) Award the contract to a certified New York City small minority or woman-owned business entity bidder, or
(b) Award the contract to a New York City bidder;
20.2 If two or more bidders still remain equally eligible after application of Section 20.1, above, the Agency Chief Contracting Officer shall award the contract by a drawing by lot limited to those bidders. The bidders involved will be invited to attend the drawing. The City must have a witness present to (a) verify the drawing; and (b) certify the results on the bid tabulation sheet.
21. Rejection of Bids
21.1 Rejection of Individual Bids.
The Agency Head may reject a bid if:
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(a) The bidder fails to furnish any of the information required by Sections 26 and 34.1;
(b) The bidder is determined to be non-responsible pursuant to the PPB Rules;
(c) The bid is determined to be non-responsive pursuant to the PPB Rules; or
(d) The bid, in the opinion of the Agency Chief Contracting Officer, contains unbalanced bid prices and is thus nonresponsive, unless (a) the bidder can show that the prices are not unbalanced for the probable required quantity of such items; or (b) the imbalance has been corrected pursuant to Section 15.
21.2 Rejection of All Bids
DSNY, upon written approval by the Agency Chief Contracting Officer, may reject all bids and resolicit bids if in DSNY’s sole opinion doing so is in the best interest of the City.
21.3 Rejection of All Bids and Negotiation With All Responsible Bidders
The Agency Head may determine that it is appropriate to cancel the Invitation For Bids after bid opening and before award and to complete the acquisition by negotiation. This determination shall be based on one of the following reasons:
(a) All otherwise acceptable bids received are at unreasonable prices;
(b) Only one bid is received and the Agency Chief Contracting Officer cannot determine the reasonableness of the bid price;
(c) No responsive bid has been received from a responsible bidder, or
(d) In the judgment of the Agency Chief Contracting Officer, the bids were not independently arrived at in open competition, or were submitted in bad faith. When the Commissioner has determined that the Information for Bids is to be canceled and that use of negotiation is appropriate to complete the acquisition, the Agency Chief Contracting Officer may negotiate and award the contract without issuing a new solicitation subject to the following conditions:
(1) The Agency Chief Contracting Officer has given each responsible bidder that submitted a bid in response to the Invitation for Bids prior notice of the intention to negotiate and a reasonable opportunity to negotiate;
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(2) The negotiated price is the lowest negotiated price offered by any responsible bidder; and
(3) The negotiated price is lower than the lowest rejected bid price of a responsible bidder that submitted a bid in response to the Invitation for Bids.
22. Right to Appeal Determinations of Non-Responsiveness or Non-Responsibility and Right to Protest Solicitations and Award.
The bidder has the right to: (a) appeal a determination of non-responsiveness or non-responsibility; and (b) protest a solicitation and award, pursuant to the PPB Rules.
23. Affirmative Action and Equal Employment Opportunity
This Invitation For Bids is subject to applicable provisions of Federal, State, and Local Laws and executive orders requiring affirmative action and equal employment opportunity.
24. MacBride Principles
This Invitation for Bids is subject to the provisions of Title 6, Chapter 1, Section 6-115.1 of the New York City Administrative Code.
25. VENDEX Questionnaire
Pursuant to Administrative Code Section 6-116.2 and the PPB Rules, bidders may be obligated to submit completed VENDEX questionnaires with this bid. Generally, if this bid is $100,000 or more, or if this bid when added to the sum total of all contacts, concessions and franchises the bidder has received from the City and any Subcontract received from City contractors over the past twelve months, equals or exceeds $100,000, a prospective bidder must complete and submit VENDEX questionnaires with this bid. Any questions concerning this requirement must be submitted to the Agency Chief Contacting Officer or the Agency Contact person for this contract.
26. Complaints about the Bid Process
The New York City Comptroller is charged with. the audit of contracts in New York City. Any vendor who believes that there has been unfairness, favoritism or impropriety in the bid process should inform the Comptroller, Office of Contract Administration, One Centre Street, Room 835, New York, New York; telephone number (212) 669-3000.
27. Bid Security
27.1 If bid security is required in the Schedule A , DSNY will not receive or consider a bid unless bid security accompanies the bid.
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27.2 If a Bid Bond is utilized, the Bid Bond must be in the form set forth in these solicitation documents and must be issued by a surety company that is authorized to do business in the State of New York. The Bid Bond shall insure the City of New York to the extent of not less than 10% of the amount of the Bid Contract Price.
27.3 In lieu of a Bid Bond, a bid security deposit may accompany the bid in approximately the sum of 2% of the amount of the Bid Contract Price. Such deposit shall consist of a certified check upon a state or national bank or trust company or a check of such bank or trust company signed by one of its duly authorized officers, drawn to the City, which the Comptroller shah approve as of equal value with the sum so required.
27.4 A prospective bidder may not enclose the bid security (in whatever form) in the envelope containing the bid; rather, the bidder must submit the bid deposit separately to the Commissioner’s representative upon presentation of the bid.
27.5 The bid security assures the City of New York and DSNY of the adherence of the bidder to its bid and, if its bid is accepted, the execution of the contract in form as attached to these solicitation documents.
27.6 Return of Bid Security.
(a) Within 10 days after the bid opening, DSNY will notify the Comptroller to return the deposits of all but the three lowest bidders. Within five days after the award, DSNY will notify the Comptroller to return the deposits of the remaining two unsuccessful bidders.
(b) If the successful bidder is obligated to submit payment and performance bonds DSNY will notify the Comptroller to return the bid of the successful bidder DSNY bee, within five days after the execution of the Contract and DSNY’s acceptance of the Contractor’s bonds, whichever occurs later.
(c) If the successful bidder is not obligated to submit payment and performance DSNY will notify the Comptroller to return the bid security of the successful bidder only after the amount retained under Article 6 of the Agreement equals the amount of the bid security.
(d) If DSNY rejects all bids, DSNY will notify the Comptroller to return the deposits of the three lowest bidders at the time of rejection.
28. Payment and Performance Bonds or Substitutes
28.1 Performance Bond. If required in Schedule A (attached as part of Module E ), the successful bidder must, prior to or at the time of the execution of the contract, deliver to the City an executed bond in form prescribed in these solicitation documents to secure the faithful performance and completion of
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the contract. The surety issuing the performance bond, and the form of the performance bond, are subject to the approval of the Comptroller and DSNY. The performance bond must be in the amount set forth in Schedule A .
28.2 Payment Bond. If required in Schedule A (attached as part of Module E ), the successful bidder must, prior to or at the time of the execution of the contract, deliver to the City an executed payment bond in form prescribed in these solicitation documents as security for the payment for all persons performing Labor or furnishing materials in connection with the contract. The surety issuing the payment bond, and the form of the payment bond, are subject to the approval of the Comptroller and DSNY. The payment bond must be in the amount set forth in Schedule A .
28.3 Power of Attorney in Connection with Payment and Performance Bonds. Attorneys in fact who sign performance or payment bonds must file with each bond a certified copy of their power of attorney to sign the bond.
28.4 Deposits of Money or Specified Obligations in Lieu of Payment and Performance Bonds. In lieu of a performance or payment bond, the successful bidder may deposit with the Comptroller money or an obligation of the City of New York, which the Comptroller shall approve as of equal value with the amount of the bond or bonds required in the Schedule of Bonds and Liability Insurance.
(a) The Comptroller may sell and use the proceeds of the money or obligations specified in Section 32.1 for any purpose for which the principal or surety on such bond would be liable under the terms of the contract. If money is deposited with the Comptroller, the successful bidder shall not be entitled to receive interest on such money from the City.
(b) Whenever the successful bidder deposits money in lieu of a performance or payment bond, the deposit may be in the form of a bank check or certified check payable to the New York City Sanitation Department in the amount specified in the Schedule of Bonds and Insurance.
29. Failure to Execute Contract
If the successful bidder fails to execute the contract and to furnish any required security and insurance within 10’ days after notice of the award of the contract:
29.1 the City will retain the successful bidder’s bid deposit (or so much of it as shall be applicable to the amount of the contract award); and
29.2 the successful bidder shall be liable for, and hereby agrees to pay on demand, the difference between the price bid and the price for which the contract shall subsequently be awarded, including the cost of any required reletting and less the amount of such deposit.
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29.3 No plea of mistake in the bid that DSNY has accepted shall be available to the bidder either (a) for the recovery of the deposit on the accepted bid; or (b) as a defense to any action based upon the accepted bid.
30. Financial Qualifications
30.1 DSNY may require any bidder or prospective bidder to furnish all books of account, records, vouchers, statements or other information concerning the bidder’s financial status for examination as DSNY may require to ascertain bidder’s responsibility and capability to perform the contract.
30.2 If the bidder fails or refuses to supply any of the documents or information set forth in Section 34.1 or fails to comply with any of the requirements of Section 34.1, DSNY may reject the bid.
31. Division of Labor Services
31.1 Who Must File a Complete Employment Report:
(a) In accordance with Executive Order No. 50 (1980) as modified by Executive Order No. 108 (1986), filing a completed Employment Report is a requirement of doing business with the City of New York.
(1) The bidder has been identified as the lowest bidder for a supply or service contract or his proposal for supplies or services has been accepted;
(2) The contract value exceeds $50,000; and
(3) The bidder’s firm employs 50 or more people.
(b) Each successful bidder must file an Employment Report if he meets each of the three conditions shown above.
(c) In addition, subcontractors, suppliers, or vendors performing on the contract who meet the conditions set forth in Sections 35.1 (a) and Section 35.1(b) also must file an Employment Report.
(d) The Employment Report is included in the solicitation package. Upon request, DSNY will send a copy to the low bidder under separate cover. The bidder should read the Instructions for a Supply and Service Contractors Employment Report carefully.
31.2 Who Must File a “Less Than 50 Employees” Certificate:
(a) A successful bidder whose contract value exceeds $50,000 may submit only a “Less Than 50 Employees Certificate” when at all of its facilities it employs fewer than 50 employees.
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(b) A subcontractor, vendor or supplier that holds a subcontract that exceeds $50,000 may submit only a “Less Than 50 Employees Certificate” when at all of its facilities it has fewer than 50 employees.
32. Applicability of the Procurement Policy Board Rules
This Invitation for Bids is subject to the PPB Rules as amended. In the event of a conflict between the PPB Rules and a provision of this Invitation for Bids, the PPB Rules take precedence.
33. Pricing
Prior to bid award and at DSNY’s request, the bidder must submit cost or pricing data to DSNY and formally certify that, to the best of its knowledge and belief, such cost or pricing data submitting is accurate, complete, and current as of a mutually determined specified date. The Agency Chief Contracting Officer shall retain the bidders certificate in DSNY contract file. If the bidder fails to submit the data required to support a price, then the Agency Chief Contracting Officer shall not allow the price.
34. Bid Sheets - Schedule of Prices
34.1 The bidder must complete all forms included with Module B .
Exception: It is possible that at times the forms for bid bonds, performance bonds and payment bonds will be included in Module B , even though Schedule A , part of Module E, does not require such bonds. If Schedule A does not require any of this type of bonds, the bidder need not return the bid forms with it bid.
34.2 If this is a unit price bid, DSNY has included in the Schedule of Prices the forms that the bidder must use for the unit price quotations, the projected total costs for the term of the contract, and amount quotations.
34.3 The bidder should direct any questions about the bid forms included in Module B to the contact person designated in Module A-1 .
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BID MATERIALS
THE BID
Information about the Bidder
Bidder Representation and Warranties
Schedule of Prices (for Unit Price Contracts only)
Bid Sheet and Signature Page
Bidder’s Affidavit (must be notarized)
Affirmation of Non-Debt (Tax Affirmation)
Bid Bond Form (when applicable)
CITY OF NEW YORK
INVITATION FOR BIDS
ON A
SERVICE AND SUPPLY CONTRACT
THE BID DOCUMENT PACKAGE
(contains)
Information for Bidders (Module “A”)
Bid Forms (Module “B”)
Scope of Work - Detailed Specifications (Module “C”)
Terms of Agreement (Module “D”)
Schedule A, Insurance Requirements & Bond Forms (Module “E”)
Attachments (Module “F”)
For Furnishing all Labor and Material necessary and required for:
Export Of Municipal Solid Waste
From
PIN: 82703WD00036
Notice Before bidding, bidders must satisfy themselves by personal examination of the Plans, Specifications, Agreement and location of the proposed work and by such other means as they may prefer; as to the nature and extent of the work required, and they must determine for themselves, and allow for all difficulties which may be encountered in the prosecution of the work.
FAILURE TO COMPLETE THE BID IN DETAIL MAY RESULT IN ITS REJECTION.
THE CITY OF NEW YORK DEPARTMENT
OF SANITATION BID
EXPORT OF MUNICIPAL SOLID WASTE FROM THE BOROUGH OF BROOKLYN
PIN#: 82703WDOQQ36
Name of Bidder: IESI NY Corporation
Tel #: 201-437-5200 Fax#: 201-437-5300
Bidder is: Check one : o Individual o Partnership ý Corporation o Joint Venture
Tax Payers ID # of Bidder: 13-3960687
Residence of Bidder [If Individual]:
Place of Business of Bidder: 2 Commerce Street, Bayonne, NJ 07002
Date of Bid: 2/4/03
(If Bidder is a Partnership or a Joint Venture, fill in the following Blanks)
(If Bidder is a Corporation, fill in the following Blanks)
Organized under the Laws of the State of: Delaware
Name and Home Address of President: Charles Flood
6325 Mesa Ridge Drive, Fort Worth, Texas 76137
Name and Home Address of Secretary: Tom Fowler
1303 Briar Ridge, Keller, Texas 76248
Name and Home Address of Treasurer: Thomas J. Cowee
6304 Regiment Place, Colleyville, Texas 76034
BIDDER REPRESENTATIONS AND WARRANTIES
Each of the above-named bidders hereby certifies, affirms, and declares:
1. This bidder is of lawful age and the only one interested in this bid; and that no person, corporation, or organization other than herein above named has any interest in this bid or in the contract proposed to be taken.
2. This bidder and each person signing on this bidder’s behalf do hereby certify, under penalty of perjury, that to the best of each of such person’s knowledge and belief:
The prices in this bid has been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such price with any other bidder or with any competitor or potential competitor; and
Unless otherwise required by law, the prices quoted in this bid have not been knowingly disclosed by such person and will not knowingly be disclosed by such person prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and
Such person has made and will make no attempt to induce any other person, corporation, or organization to submit or not to submit a bid for the purpose of restricting competition; and
No councilman or other officer or employee or person whose salary is payable in whole or in part from the City Treasury is directly or indirectly interested in this bid, or in the supplies, materials, equipment, work or labor to which it relates, or in any of the profits thereof; and
This bidder is not in arrears to the City of New York upon any debt, contract, or taxes and is not a defaulter, as surety or otherwise, upon obligation to the City of New York, and has not been declared not responsible, or disqualified, by any agency of the City of New York or the State of New York, nor is there any proceeding pending relating to the responsibility or qualification of this bidder to receive public contracts.
3. This bidder has inspected the site where the services are to be performed and is satisfied as to all general and local conditions that may affect the cost of performance of the contract.
4. This bidder has examined all parts of this Invitation for Bids, including but not limited to the Agreement and the terms and conditions thereof, and if the bid is accepted as submitted, this bidder shall execute the Agreement as set forth herein.
5. This bidder is duly licensed to do business in each of the City of New York and the State of New York and holds or agrees to obtain all necessary permits and other authorizations required by law or regulation for the performance of the bid contract.
6. This bidder’s attention has been specifically drawn to the equal employment provisions of the bid contract and this bidder warrants that it will comply with all the terms and provisions prescribed therein.
7. This bidder executes this document expressly warranting and representing that should this bid be accepted by the City and the contract awarded him, he and his subcontractors engaged in the performance:
• will comply with the provisions of Section 6-108 of the Administrative Code of the City of New York and the nondiscrimination provisions of Section 220 and 230 of the New York State Labor Law as more expressly and in detail set forth in the contract form;
• has complied with the provisions of the aforesaid laws since their respective effective dates; and
• will post notices, to be furnished by the City, setting forth the requirements of the aforesaid laws in prominent and conspicuous places in each and every plant, factory, building and structure where employees engaged in the performance of the contract can readily review it, and will continue to keep such notices posted until the supplies, materials and equipment, work, labor and services required to be furnished or rendered by the Contractor have been finally accepted by the City.
8. This bidder has visited and examined the site of the work and has carefully examined the site of the work and has examined the contract in the form approved by the Corporation Counsel, and will execute the contract and perform all its items, covenants and conditions, and will provide, furnish and deliver all work, material, supplies, tools and appliances for all labor and materials necessary or required for the hereinbefore named work, all in strict conformity with the contract, in accordance with the schedule of prices annexed hereto.
9. This bidder shall not utilize tropical hardwoods as defined in Section 167-b of the State Finance Law in the performance of this contract except as expressly permitted by the foregoing provisions of law.
10. This bidder, as an individual, as a member, partner, director, or officer of the bidder, if the same be a firm, partnership, or corporation, executes this document expressly warranting that he will comply with all provisions in the Agreement and in the Scope of Work / Detailed Specifications with respect to the provision of records.
11. The bidder has visited and examined the site of the work, has carefully examined the Contract in the form approved by the Corporation Counsel, and will execute the Contract and performs all its items, covenants, and conditions, and will provide, furnish and deliver all the work, materials, supplies, tools and appliances for all labor and materials necessary or required for the Contract work, all in strict conformity with the Contract and in accordance with the following:
(a) For Contracts with individual bid items:
(1) the UNIT PRICE set forth below for each individual bid item for which a unit price has been requested; and
(2) the LUMP SUM BID PRICE set forth below for each individual bid item for which a lump sum price, but no unit price, has been requested;
(b) For Contracts where a single Lump Sum Amount has been requested without individual bid items, the TOTAL BID PRICE FOR ALL CONTRACT WORK .
When the Contract work has been broken down into individual bid items, the TOTAL BID PRICE FOR-ALL CONTRACT WORK is the sum of the Total Bid Amounts for the individual bid items and will be used for bid evaluation purposes only. It is not a lump sum amount to be paid for performing the Contract work.
New York City Department of Sanitation Export of Municipal Solid Waste from the Borough of Brooklyn
BID SHEET AND SIGNATURE
PAGE.
A. Instructions for the completion of the bid sheet.
* The price entered adjacent to the Price Per Ton shall be the price that the Bidder will charge the City for the acceptance and disposal of one (1) ton of municipal solid waste (“M.S.W.”).
** The number of tons entered adjacent to the Maximum Deliverable Tonnage of Municipal Solid Waste per Day shall be the maximum number of tons of M.S.W. that the Bidder will accept from the City on any day for disposal at the putrescible solid waste transfer station or solid waste management facility designated in its bid at its bid price.
*** The Bidder shall insert the name of Putrescible Solid Waste Transfer Station or Solid Waste Management Facility at which the Bidder will accept M.S.W. from the City at its bid price.
B. By signing this bid, the bidder agrees that the Burma Provisions constitute material provisions of this Contract ý Yes o No (Check one of these choices)
C . By signing this bid, the bidder agrees that the MacBride Provisions constitute material provisions of this Contract ý Yes o No (Check one of these choices).
For Corporations Only: Attestation:
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BIDDER AFFIDAVIT
ý Corporation Bidder:
I am the Vice President of the above named corporation whose name is subscribed to and which executed the foregoing bid. I reside at 17 Harvest Drive, Plainsboro, New Jersey 08536 I have knowledge of several matters stated in the bid, and they are in all respects true.
o Partnership or Joint Venture (Unincorporated Organization)
I am a member of , the partnership or joint venture described in and which executed the foregoing bid. I subscribed the name of the partnership or joint venture on its behalf, and the several matters stated in the bid are in all respects true.
o Individual Bidder:
I am the person described in and who executed the foregoing bid and the several matters stated in the bid are in all respects true.
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AFFIRMATION OF NON-DEBT (TAX AFFIRMATION)
The undersigned proposer or bidder affirms and declares that said proposer or bidder is not in arrears to the City of New York upon debt, contract or taxes and is not a defaulter, as surety or otherwise, upon obligation to the City of New York, and has not been declared not responsible, or disqualified, by any agency of the City of New York, nor is there any proceeding pending relating to the responsibility or qualification of the proposer or bidder to receive public contracts except:
CHECK ONE BOX AND INCLUDE THE APPROPRIATE NUMBER:
o A - Individual or Sole Proprietorship(1) SOCIAL SECURITY NUMBER
o B - Partnership, Joint Venture or other unincorporated organization EMPLOYER IDENTIFICATION NUMBER
ý C - Corporation EMPLOYER IDENTIFICATION NUMBER 13-3960687
(1) Under the Federal Privacy Act the furnishing of Social Security Numbers by bidders on City contracts is voluntary. Failure to provide a Social Security Number will not result in a bidder’s disqualification. Social Security Numbers will be used to identify bidders, proposers or vendors to ensure their compliance with laws, to assist the City in enforcement of laws businesses which seek City contracts.
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BID BOND FORM INSTRUCTIONS
1. Please examine Schedule A of the General Conditions to see if bid security if required.
2. If bid security is required, and the bidder will use a bid bond from a surety to fulfill the bid security requirement, the bid bond form on the following pages shall be used.
3. Each executed bid bond shall be accompanied by:
A. Appropriate acknowledgment of the respective parties;
B. Appropriate duly certified copy of Power of Attorney or other representative of Principal or Surety;
C. A duly certified extract from By-laws or Resolution of Surety under which Power of Attorney or other certificate of authority of its agent, officer or representative was issued; and
D. A duly certified copy of the latest published financial statement of assets and liabilities of Surety.
4. Affix Acknowledgments and Justification of Sureties.
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FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS. that we, hereinafter referred to as the “PRINCIPAL”, and hereinafter referred to as the “SURETY” are held and firmly bound to THE CITY OF NEW YORK, hereinafter referred to as the “CITY”, or to its successors and assigns, in the penal sum of ($ ) Dollars, lawful money of the United States, for the payment of which said sum of money well and truly to be made, we, and each of us, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS , the Principal is about to submit (or has submitted) to the City the accompanying proposal, hereby made a part hereof, to enter into a contract in writing for
NOW, THEREFORE the conditions of this obligation are such that if the Principal shall not withdraw said Proposal without the consent of the City for a period of forty-five (45) days after the opening of bids and, in the event of acceptance of the Principal’s Proposal by the City, if the Principal shall:
A. Within ten (10) days after notification by the City, execute in triplicate and deliver to the City all the executed counterparts of the contract in the form set forth in the contract Documents, in accordance with the proposal as accepted, and
B. Furnish a performance bond and separate payment bond, as may be required by the City for the faithful performance and proper fulfillment of such Contract, which bonds shall be satisfactory in all respects, and
C. In all respects perform the agreement created by the acceptance of said Proposal as provided in the Instructions to Bidders, bound herewith and hereby made a part hereof, or if the City shall reject the aforesaid Proposal, then this obligation shall be null and void; otherwise to remain in full force and effect.
In the event that the Proposal of the Principal shall be accepted and the Contract be awarded to him the Surety hereunder agrees, subject only to the payment by the Principal of the premium therefore, if requested by the City, to write the aforementioned performance and payment bonds in the Contract Documents.
It is expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.
There shall be no liability under this bond if in the event of the acceptance of the Principal’s Proposal by the City, either a performance bond or a payment bond, or both, shall not be required by the City on or before the 30th day after the date on which the City signs the Contract.
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The Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and its bond shall in no way be impaired or affected by any postponements of the date upon which the City will receive or open bids, or by any extending of the time within which the City may accept the Principal’s Proposal, or by any waiver by the City of any of the requirements of the Information for Bidders; and the Surety hereby waives notice of any such postponements, extension, or waivers.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers the day of ,
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ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION
On this day of , , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of , the corporation described as such in and which executed the foregoing instrument that he knows the seal of said corporation; that one of the seals affixed to said instrument; is such seal; that it was so affixed by order of the directors of said corporation, and that he signed his name thereto by like order.
ACKNOWLEDGMENT OF. PRINCIPAL IF A PARTNERSHIP OR A JOINT VENTURE
On this day of , before me personally appeared to me known and known to me to be one of the members of the partnership or joint venture described as such in and who executed the foregoing instrument and he acknowledged to me that he executed the same as and for the act and deed of said partnership or joint venture.
ACKNOWLEDGMENT OF THE PRINCIPAL IF AN INDIVIDUAL
On this day of , before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and he acknowledged that he executed the same.
B-10 Export of Municipal Solid Waste From the Borough of Brooklyn
Module C : Detailed Specifications
Note : In the event of a conflict between the Supply and Service Agreement (Module D), and Detailed Specifications (Module C), the terms and conditions of the Detailed Specifications shall govern .
NYC Department of Sanitation
TABLE OF CONTENTS
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I. DESCRIPTION OF THE PROJECT, AND THE NEW YORK CITY DEPARTMENT OF SANITATION’S OPERATIONS
1.1 Introduction
The New York City Department of Sanitation (“ DSNY ”) is seeking to award one or more contracts to qualified firms (“ Contractors ”) who shall provide all of the labor, materials, equipment, transport, facilities, and resources necessary and required to accept, process, transport, and dispose of a minimum of 100 tons per day (“ TPD ”) of municipal solid waste (“ MSW ”) collected by DSNY and its authorized representatives in the borough of Brooklyn. DSNY anticipates awarding more than one contract under this solicitation.
The qualified Contractors shall:
own, operate, or have an agreement with the owner and the operator to use: (a) a putrescible solid waste transfer station (“ Transfer Station ”) located within the borough of the City of New York (the “ City ”) within which the MSW is collected; or (b) a solid waste management facility (“ Solid Waste Management Facility ”) located outside of the City, no more than 50 miles from the egress points from the City designated in Exhibit 1 , which will accept MSW collected by DSNY or its authorized representatives in Brooklyn; and
accept, process, transport, and dispose of the MSW at permitted, licensed or otherwise authorized disposal facilities (“ Disposal Facilities ”) which are located outside of the City which are either owned and operated by the bidder, or have an agreement between the owner and the operator, and the bidder for use of the Disposal Facility.
Any agreement between the bidder and the owner and the operator of a Transfer Station or Solid Waste Management Facility, or Disposal Facility shall be for the term of the contract that DSNY may award to the bidder(s) under this solicitation and any extensions thereof. A Transfer Station located within the City shall have all of the permits required by the State of New York and the City, and one located outside of the City shall have all of the permits, licenses and authorizations (“ Permits and Authorizations ”) required by the state and locality within which it is located. All permits and or authorizations shall be valid as of the bid opening date.
A Contractor may own or operate the Transfer Station, the Solid Waste Management Facility, a Disposal Facility or an MSW transporter, or it may perform one of these functions and subcontract the others. The Contract(s) to be awarded will be for a term of three years with an option to extend the Contract, at DSNY’s discretion, for two additional terms of up to one year each.
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Besides meeting all of the requirements set forth in the Detailed Specifications, each Transfer Station, Solid Waste Management Facility and Disposal Facility shall comply with all of the applicable federal, state and local laws, rules, and regulations concerning Transfer Stations, Solid Waste Management Facilities, and Disposal Facilities. Each transporter of MSW shall comply with all of the applicable federal, state and local laws, rules and regulations governing the transport of MSW.
Each bidder may submit more than one bid in response to this solicitation. However, in each bid submitted the bidder shall submit only one bid for each Transfer Station or Solid Waste Management Facility that it designates for the acceptance of MSW in each bid submitted in response to this solicitation. DSNY will reject as non-responsive all bids other than the bid setting forth the lowest Price per Ton submitted by a bidder designating the same Transfer Station or Solid Waste Management Facility for the acceptance of MSW.
1.2 Definitions
When used in the Detailed Specifications the capitalized terms set forth hereinafter shall have the following meaning:
1.2.1 City shall mean the City of New York.
1.2.2 City Holiday shall mean New Year’s Day; Lincoln’s Birthday; President’s Day, Memorial Day; Independence Day; Labor Day; Columbus Day; Election Day; Veteran’s Day; Thanksgiving Day, and Christmas Day. Whenever two City Holidays occur during the same week, DSNY may, at its discretion, engage in collection operations on the day of the second City Holiday (e.g., when Election Day and Veteran’s Day occur during the same week, DSNY may engage in collection operations on Veteran’s Day).
1.2.3 CEQR shall mean the City of New York Environmental Quality Review as amended.
1.2.4 Collection Vehicle shall mean a vehicle used by DSNY or its authorized representatives to collect MSW.
1.2.5 Container shall mean a container in which MSW will be transported by barge, rail car, or truck from a Transfer Station or Solid Waste Management Facility to a Disposal Facility.
1.2.6 Contract shall mean the contract awarded by DSNY to the Contractor pursuant to this Invitation for Bids.
1.2.7 Contractor shall mean the qualified responsive and responsible bidder to which the Contract is awarded.
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1.2.8 Delivery Information shall mean all of the information about a delivery of MSW to a Transfer Station or Solid Waste Management Facility required to be included on a Delivery Receipt.
1.2.9 Delivery Receipt shall mean DSNY Forms DS66 and DS66A, the documents on which all of the information about the delivery of a load of MSW by a Collection Vehicle to a Transfer Station or Solid Waste Management Facility is recorded.
1.2.10 Disposal Facility shall mean a facility to which the bidder transports the putrescible solid waste received at a Transfer Station or Solid Waste Management Facility for final disposal.
1.2.11 Exhibit shall mean an Exhibit to the Detailed Specifications
1.2.12 Fiscal Year shall mean the time period from July 1st through June 30th of the following year, for example, Fiscal Year 2002 covers the time period from July 1st 2001 through June 30th 2002.
1.2.13 Host Community Agreement shall mean an agreement between the owner and operator of a Disposal Facility and a state or locality authorizing the Disposal Facility to operate and accept MSW regardless of origin.
1.2.14 Letter of Intent shall mean a letter from the owner and the operator of a Transfer Station, a Solid Waste Management Facility, a Disposal Facility, or a transporter to the bidder expressing both the owner’s and the operator’s commitment to the bidder with respect to the handling of MSW which shall:
a. Expressly state that the owner and operator will accept MSW, or transport it from the City;
b. Include all of the conditions and restrictions which may be imposed upon the acceptance or transport of MSW from the City either by the owner and the operator, or by any regulatory agency or authority which has jurisdiction over the Transfer Station, Solid Waste Management Facility, Disposal Facility, or the transporter;
c. State the daily tonnage of MSW that the owner and the operator anticipate accepting during the term of the Contract and any extensions thereof;
d. Identify all of the regulatory agencies and authorities to which the Transfer Station, Solid Waste Management Facility, Disposal Facility, or the transporter is subject; and
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e. Identify the specific language in its Permits and Authorizations and, if applicable, Host Community Agreement which authorizes the owner and the operator to accept MSW from the City.
1.2.15 MSW shall mean municipal solid waste.
1.2.16 DSNY shall mean the New York City Department of Sanitation.
1.2.17 Operations Plan shall mean a plan which describes in detail how the bidder will manage each shipment of MSW.
1.2.18 Order to Commence Work shall mean the document that DSNY sends to a Contractor directing it to commence work under the Contract.
1.2.19 Permits and Authorizations shall mean all of the permits, licenses and other authorizations required from any federal, state or local government, agency or authority as a condition for the operation of a Transfer Station, Solid Waste Management Facility or Disposal Facility, or for the transport of MSW.
1.2.20 PPB shall mean the New York City Procurement Policy Board.
1.2.21 Price per Ton shall mean the amount that DSNY will pay the Contractor for the acceptance, processing, transport, and disposal of each ton of MSW delivered by a Collection Vehicle to the Contractor’s Transfer Station or Solid Waste Management Facility.
1.2.22 Recyclables shall mean certain recyclable materials including but not limited to paper, corrugated cardboard, and metal containers that are designated for collection by the DSNY under a separate program pursuant to the provisions of the New York City Administrative Code as amended.
1.2.23 Section shall mean a section of the Detailed Specifications, unless the context in which the term “Section” is used clearly identifies a different document.
1.2.24 SEQR shall mean the State of New York Environmental Quality Review Act as amended.
1.2.25 Solid Waste Management Facility shall mean a solid waste management facility located outside of the City of New York, no more than 50 miles from the egress points from the City designated in Exhibit 1 , at which putrescible solid waste is received either for the purpose of subsequent transfer to another location for final disposal, or for final disposal. A Solid Waste Management Facility which accepts MSW for final disposal shall not transfer the MSW to another location for final disposal in the absence of an Act of God.
1.2.26 TPD shall mean tons per day.
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1.2.27 Transfer Station shall mean a solid waste management facility at which putrescible solid waste is received for the purpose of subsequent transfer to another location for final disposal.
1.2.28 Transportation Model shall mean DSNY’s transportation cost model, a summary of which is attached to the Detailed Specifications as Exhibit 2 .
1.2.29 USEPA shall mean the United States Environmental Protection Agency.
1.2.30 Weigh Scale shall mean a scale located at a Transfer Station, or a Solid Waste Management Facility.
1.2.31 Weigh Scale Computer shall mean a computer that obtains weight readings directly from a Weigh Scale, and is linked electronically to both the Weigh Scale and the DSNY’s mainframe computer.
1.2.32 Weigh Scale Malfunction shall mean that a Weigh Scale or a Weigh Scale Computer does not operate in accordance with its specifications, or otherwise fails to operate in accordance with the requirements of this Contract.
1.3 Description of DSNY Operations . The following information is for illustrative purposes only. The actual deliveries of MSW to a Transfer Station or Solid Waste Management Facility may vary from these quantities and frequencies.
1.3.1 Citywide Operations . DSNY collects refuse from residences, other City Agencies, and certain not-for-profit institutional facilities throughout the City, which, for administrative purposes, DSNY subdivides into 59 districts. Eighteen of these districts are in the borough of Brooklyn. During Fiscal Year 2002 DSNY collected from the 18 Brooklyn districts approximately 4,000 TPD.
Cleaning and collection operations generally occur on an eight hour day, two worker shift. The operation takes place six days per week, two or three times per collection site, depending upon the location. For each shift, there are one or more loads of MSW per vehicle. Generally, DSNY does not engage in cleaning and collection operations on Sundays and City Holidays. From the second Monday in April until the conclusion of the second Saturday in November, this shift begins at 6 a.m. During the rest of the year this shift begins at 7 a.m.; at that time DSNY spreads collection operations over three eight hour shifts in order to maintain personnel coverage around the clock in the event of an Act of God such as a hurricane or snow emergency which causes it to abandon its collection operations.
DSNY or its authorized representatives collect this MSW in four types of vehicles: packer trucks, front-loading collection trucks, hoist-fitted chassis vehicles, and roll-on, roll-off container vehicles. Packer trucks are rearloading having one or more
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compartments which are primarily used for waste collected from garbage cans and bags placed at curbside. Frontloading collection trucks have mechanical arms to lift and unload bins into the top of the vehicle, and hoist-filled chassis vehicles have a hoist and unloading mechanism mounted on the frame for the unloading of the bins. Roll-on, roll-off container vehicles carry 10 to 40 cubic yard containers that are dumped mechanically. During Fiscal Year 2002 the Department had a total of approximately 1,700 Collection Vehicles dedicated to collection operations (exclusive of the Department’s recycling operations). A chart that provides the dimensions of DSNY’s Collection Vehicles is attached as Exhibit 3 .
Each Collection Vehicle delivers its load to privately owned putrescible Solid Waste Management Facilities located in Brooklyn, Bronx, Queens, Long Island and New Jersey. Currently, approximately 60% of the daily loads are dumped during the eight hour collection shift, and 40% of the loads are relayed to the dumping location by a single Sanitation Worker on a subsequent shift. The factors determining whether a load is dumped on a shift include the distance from the route to the dump location, and the time available to dump a truck on shift.
1.3.2 Brooklyn Operations . DSNY and its authorized representatives currently deliver approximately 4,000 tons per day of MSW to privately owned putrescible transfer facilities. Attached as Exhibit 4 are the tables and charts showing the variations in tonnage in Department collected MSW delivered to the private transfer stations during Fiscal Year 2002. At present, the private transfer facilities are open to receive deliveries of MSW during three shifts, i.e., 24 hours a day, Monday through Saturdays. The transfer facilities are closed on Sundays, and on City Holidays observed by DSNY.
II. DETAILS FOR BIDDERS
2.1 . Bidder Qualifications and Experience.
2.1.1 Operating Authorizations.
2.1.1.1 As of the bid opening date, the Transfer Station or Solid Waste Management Facility shall have received all of the Permits and Authorizations required to accept MSW collected by DSNY and its authorized representatives.
2.1.1.2 Disposal Facilities shall have all of the Permits and Authorizations, and a Host Community Agreement, if such an agreement is required, or such other authorizations as may be required to accept MSW from the City as of the bid opening date.
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2.1.1.3 The bidder shall obtain all of the Permits and Authorizations required for the modes of transport for the MSW by the date set forth for the commencement of the Contract in DSNY’s Order to Commence Work.
2.1.2 Bidder’s Experience . At a minimum, each bidder, or a principal of the bidder shall have three years of experience in the acceptance, processing, transportation, or disposal of MSW. The bidder, a principal of the bidder, or a subcontractor shall also have not less than three years of experience in the mode of transportation (i.e., barge, rail, or truck) which the bidder plans to use for transporting MSW to Disposal Facilities. As used in this Section, the term “principal of the bidder” shall mean a person who owns 10% or more of the stock of the bidder, or who serves as a full time officer of the bidder with an agreement of employment that has a period of duration of at least one year from the date of, the bid opening. If the bidder is a joint venture or partnership, then the experience of the joint venture or partnership may be determined by ascertaining whether either of the constituent entities or a partner satisfies this requirement, or if any principal of such constituent entities satisfies this requirement.
2.1.3 Fitness and Integrity . Each bidder, each subcontractor, and all of their affiliates, as defined in the Mayor’s Office of Contracts “Vendors Guide to VENDEX” (attachment “F” Module), shall meet all of the standards with respect to responsibility, fitness and integrity set forth in the PPB Rules, and those which may be established by the New York City Business Integrity Commission and the New York City Department of Investigation.
2.2 Contract Term . All Contracts awarded pursuant to this solicitation shall be for a term of three years commencing on the date set forth in DSNY’s Order to Commence Work. DSNY, at its sole option and discretion, may extend a Contract for two additional terms of up to one year each. All of the terms and conditions of the Contract shall apply throughout any and all extensions. If DSNY decides to exercise its option to extend the Contract, DSNY will notify each Contractor of its decision not less than 30 days prior to the expiration date of the Contract.
2.3 Contract Award .
2.3.1 Appropriation of Funds . If funds are not appropriated, or otherwise made available to support the continuation of services under this Contract in any fiscal period after the initial fiscal period, DSNY will either terminate the Contract, or continue it at a reduced funding level, and level of services. Such action will not affect the rights of DSNY, the City, or the Contractor under any termination clause in the Contract.
2.3.2 Annual Adjustment to a Contract . On the first anniversary of DSNY Order to Commence Work, DSNY will increase the Price per Ton by 2%. On each
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subsequent anniversary, DSNY will increase the Price per Ton by 2% not compounded.
2.3.3 Least Total Cost . To ensure that DSNY chooses the responsive and responsible bidder or bidders who offer the services sought through this solicitation at the least cost to the City, for allocation purposes DSNY will adjust the prices of all bids by DSNY’s cost of transporting the MSW to the Transfer Station or Solid Waste Management Facility as determined by DSNY’s Transportation Model which is described in Exhibit 2 . The Transportation Model takes into account factors such as the distance a Collection Vehicle will travel to the Transfer Station or Solid Waste Management Facility to deliver MSW, personnel costs, Collection Vehicle operating costs, the weight of MSW per Collection Vehicle, relay requirements, and tolls.
2.3.4 Transfer Station and Solid Waste Management Facility Capacity . DSNY reserves the right to inspect each Transfer Station and Solid Waste Management Facility to verify that the Transfer Station or Solid Waste Management Facility is able to accept, process, transport, and dispose of the tonnage of MSW bid. DSNY, in its sole discretion, reserves the right to reduce the tonnage that will be awarded to the bidder to an amount the DSNY reasonably believes that the Transfer Station or Solid Waste Management Facility will be able to manage, even if that tonnage is less than the amount bid by the bidder.
2.3.5 Disposal Facility Capacity . DSNY reserves the right to inspect each Disposal Facility to verify that each facility is able to accept, process, and dispose of the tonnage of MSW that the Disposal Facility is designated to receive by the bidder in its bid. DSNY, in its sole discretion, reserves the right to reduce the tonnage that will be awarded to the bidder to an amount the DSNY reasonably believes that the Disposal Facilities designated in the bid will be able to manage, even if that tonnage is less than the amount bid by the bidder.
2.3.6 Environmental Review . In accordance with the CEQR and SEQRA process, (if applicable) DSNY will conduct an environmental review of the transport of MSW to and from the Transfer Stations and Solid Waste Management Facilities that the apparent responsive and responsible low bidder(s) have identified in its (their) bid(s). The purpose of this review is to determine whether the acceptance of MSW by the Transfer Station or Solid Waste Management Facility may have a potentially significant adverse impact on the environment. If an environmental review finds that an award of the tonnage bid by any bidder may have an adverse environmental impact, DSNY, in its sole discretion, reserves the right to reduce the tonnage that will be awarded to
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the bidder in order to avoid or mitigate such adverse impact on the environment.
2.3.7 Multiple Awards . An award to more than one bidder may be necessary to obtain the total capacity of the required services. The lowest cost responsive and responsible bidder shall be the bidder whose bid price, after the adjustments described in Sections 2.3.3 through 2.3.6, represents the lowest cost per ton to the City for disposal of MSW. If the Transfer Station or Solid Waste Management Facility is determined after the adjustments described above to be the lowest cost responsive and responsible bidder for all or part of its maximum Deliverable Tonnage of MSW per Day and such tonnage is less than the daily TPD of MSW that DSNY may deliver pursuant to this solicitation, then DSNY will award Contracts to more than one bidder to achieve the capacity necessary to meet the City’s waste disposal needs under this solicitation. If DSNY awards multiple Contracts, DSNY will allocate the difference between the Transfer Station or Solid Waste Management Facility capacity of the lowest cost responsive and responsible bidder and DSNY’s disposal needs in the overall best interest of the city as follows:
The next Contract will be awarded, to the next lowest cost responsive and responsible bidder for all or part of its maximum Deliverable Tonnage of MSW per Day whose bid price represents the next lowest cost per ton to the City for disposal of MSW. This process will continue with a Contract award to each successive lowest cost responsive and responsible bidder until DSNY has allocated all of the MSW for which bids are sought pursuant to this solicitation.
III. DESCRIPTION OF MSW PROCESSING
3.1 General Description. This solicitation seeks the services of one or more Contractors who (a) own, operate, or have an agreement with the owner and the operator for the use of a Transfer Station located in the City within the borough in which the MSW is collected, or a Solid Waste Management Facility located outside of the City, no more than 50 miles from the egress points from the City designated in Exhibit 1 , which will accept MSW collected by DSNY and its authorized representatives; and (b) will accept, process, transport, and dispose of the MSW at permitted and authorized Disposal Facilities located outside of the City in accordance with all applicable federal, state and local laws, rules and regulations and the requirements of the Detailed Specifications for the term of the Contract and any extensions thereof.
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3.2 Transfer Station and Solid Waste Management Facility Operations
3.2.1 Transfer Station and Solid Waste Management Facility Requirements . Each Transfer Station and Solid Waste Management Facility shall meet the requirements set forth hereinafter during the term of the Contract and any extensions thereof:
3.2.1.1 Accept a minimum of 100 TPD of MSW collected by DSNY and its authorized representatives in the borough of Brooklyn;
3.2.1.2 As of the bid opening date, the Transfer Station or Solid Waste Management Facility shall have received all of the Permits and Authorizations required by the state and locality in which the Transfer Station or Solid Waste Management Facility is located to accept the amount of MSW bid.
3.2.1.3 If not owned by the bidder, be the subject of an agreement between the owner and the operator, and the bidder that allows the bidder to use the Transfer Station or Solid Waste Management Facility for the acceptance of MSW collected by DSNY and its authorized representatives for the term of the Contract and any extensions thereof; and
3.2.1.4 Operate in compliance with all federal, state and local laws, rules and regulations to which it is subject.
3.2.2 Loads To Be Processed Per Hour . The Transfer Station or Solid Waste Management Facility shall process a minimum number of Collection Vehicles per hour according to the following table.
As used in this Section, and in the Detailed Specifications, the term “ Processing a Collection Vehicle ” shall mean weighing it in, unloading its contents, weighing it out, recording all computer data, and processing all required documentation.
At all times prior to the award of a Contract, DSNY has the right to verify that the Transfer Station or Solid Waste Management Facility is able to accept and manage the tonnage bid, and to reduce the amount to be awarded to any bidder to the amount that DSNY determines, in its discretion, that the Transfer Station or Solid Waste Management Facility is able to accept and manage. After the award of a Contract, DSNY has the right at any time without notice to inspect the Transfer Station or Solid Waste Management
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Facility and verify that the facility continues to be able to accept and manage the tonnage that was awarded to the Contractor, and DSNY may reduce the TPD of MSW delivered to the amount that DSNY reasonably believes that the Transfer Station or Solid Waste Management Facility is able to accept and manage. In the event of such a reduction, the Contractor shall be liable to DSNY for all costs related to the delivery of MSW to an alternative Transfer Station or Solid Waste Management Facility including but not limited to the difference in the Price per Ton, and DSNY’s personnel and transportation costs.
3.2.4 MSW Quantities Delivered to Transfer Stations and Solid Waste Management Facilities . During the term of the Contract, DSNY estimates that it may deliver a minimum of approximately 100 TPD of MSW to the Transfer Station or Solid Waste Management Facility designated by a bidder, depending upon the amount awarded in the Contract, which will need to be transported to and disposed of at a Disposal Facility located outside of the City. The tonnage set forth in the Detailed Specifications is an approximate quantity, and is used solely to provide a uniform basis for the comparison of the bids. It is not to be considered as part of the Contract.
3.2.4.1 It is expressly understood that DSNY makes no representations or guarantees with respect to the tonnage and composition of MSW to ‘be delivered to any Transfer Station or Solid Waste Management Facility either on a daily basis, or an annual basis.
3.2.4.2 DSNY and its authorized representatives may deliver MSW on any calendar day, 24 hours per day, to the Transfer Station or Solid Waste Management Facility. The Contractor shall accept all of the MSW delivered to it by DSNY and its authorized representatives for disposal. DSNY may, at its sole discretion, waive this provision if there is no adverse operational impact, and DSNY and the Contractor agree on a day-to-day operating schedule for the Transfer Station or Solid Waste Management Facility of less than 24 hours per day.
3.2.4.3 The actual tonnage delivered to a Transfer Station or Solid Waste Management Facility on any given day will vary. Peak tonnages, exceeding the daily average tonnages allocated to the Transfer Station or Solid Waste Management Facility by as much as 50% to 75%, can be expected to occur on certain days during Holidays weeks, during weeks following snow storms or other weather events, and on other occasions when regular DSNY collection is disrupted or altered for any reason. Regardless the tonnage amount of its contract award, a Transfer Station or Solid Waste Management Facility must accept all the MSW that DSNY delivers, including peak tonnages, unless the tonnage of MSW
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that DSNY delivers exceeds the permitted capacity of the Transfer Station or Solid Waste Management Facility.
3.2.4.4 DSNY and its authorized representatives are not required to deliver any MSW to a Transfer Station or Solid Waste Management Facility on any given day, or at any time during the term of this Contract or any extensions thereof. In its sole discretion, DSNY’s may cease delivery of MSW, at any time, for any reason, without prior notice. If DSNY and its authorized representatives do not make any deliveries of MSW for at least 10 consecutive calendar days, the Contractor has no obligation to accept any further deliveries MSW unless and until DSNY provides the Contractor with one calendar day’s notice that DSNY and/or its authorized representatives will resume delivery of MSW.
3.2.4.5 Notwithstanding the provisions of Section 3.2.4.4, from 12 hours following the Contractor’s receipt of notice from DSNY an Act of God that results in DSNY’s abandonment of its collection operations to address the condition created by such Act of God including but not limited to a weather emergency such as a snow emergency or a hurricane until the earlier of: (a) 30 days after the cessation of the Act of God, or (b) the date identified in DSNY’s notice to the Contractor as the date upon which such deliveries pursuant to such Act of God (any such delivery, an “ Act of God Delivery ”) may cease the DSNY may deliver and the Transfer Station or Solid Waste Management Facility shall accept an Act of God Delivery on any calendar day, 24 hours per day, including Sundays and City Holidays. DSNY may, at its sole discretion, waive this provision if there is no adverse operational impact.
3.2.4.6 A change in the amount of MSW delivered to any Transfer Station or Solid Waste Management Facility shall not change the Price per Ton that DSNY shall pay the Contractor.
3.2.5 Transfer Station and Solid Waste Management Facility Testing Period . During a 30 day period preceding full operation, DSNY reserves the right without penalty to phase-in its deliveries by delivering quantities of MSW that are less than the tonnage awarded to the Contractor. In DSNY’s sole discretion, it may extend this testing period for up to an additional 30 days.
3.2.6 Title to MSW . Title to, and risk of loss of MSW shall pass to the Contractor upon its acceptance of the MSW. Acceptance of MSW shall be deemed to occur when the MSW is dumped on the Contractor’s Transfer Station’s or Solid Waste Management Facility’s tipping floor by a Collection Vehicle.
3.2.7 Queuing, Delay, and Rejection of Loads . Except as otherwise required by law, or as provided in Section 3.2.8, no Contractor may reject any delivery of
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MSW by a Collection Vehicle. If any of the conditions described hereinafter are present following the arrival of a Collection Vehicle at a Transfer Station or Solid Waste Management Facility, DSNY may choose to divert the MSW to another Transfer Station or Solid Waste Management Facility and the Contractor shall be liable to DSNY for the difference between DSNY’s cost of delivering the MSW to the Contractor’s Transfer Station or Solid Waste Management Facility and all costs related to delivery of the MSW to an alternative Transfer Station or Solid Waste Management Facility including but not limited to the difference in Price per Ton, and DSNY’s personnel and transportation costs:
3.2.7.1 The Transfer Station or Solid Waste Management Facility is closed at the time of the arrival of a Collection Vehicle;
3.2.7.2 The Contractor refuses to permit an arriving Collection Vehicle to unload any portion of its contents at the Transfer Station, or Solid Waste Management Facility except as provided in Section 3.2.8;
3.2.7.3 DSNY receives a request from the Contractor to divert any delivery to another Transfer Station or Solid Waste Management Facility;
3.2.7.4 In the reasonable belief of DSNY, a processing delay or excessive queuing of Collection Vehicles occurs; or
3.2.7.5 The Contractor allows other customers that arrive after a Collection Vehicle to unload before the Collection Vehicle is allowed to unload.
3.2.8 Inadvertent Delivery of Recyclables . Notwithstanding anything to the contrary contained in the Detailed Specifications, no Contractor shall accept a delivery of a load of Recyclables from a Collection Vehicle. In the unlikely event that such a mistaken delivery occurs, the Contractor shall permit the Collection Vehicle to pass over the Weigh Scale without off-loading such Recyclables. Unless the Collection Vehicle off loads the Recyclables on the tipping floor, in no event shall DSNY pay for, or be responsible for the payment for the delivery of any Recyclables.
3.2.9 Voided Loads . If for any reason (including the inadvertent delivery of Recyclables) a Collection Vehicle passes over the Weigh Scale without off-loading its contents, the Contractor shall ensure that the load is voided, and DSNY shall incur no charge for the voided load. The Contractor shall be responsible for providing Delivery Receipts for voided loads in accordance with Section 3.3.6.
3.2.10 Load Inspection . DSNY reserves the right to divert a Collection Vehicle from the Transfer Station or Solid Waste Management Facility tipping floor to
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another part of the Transfer Station or Solid Waste Management Facility to allow the inspection of the contents of the Collection Vehicle by an individual or individuals accompanied by an authorized DSNY employee, or by a City police officer for the purpose of locating lost or stolen items, or for any other reason related to an ongoing police investigation.
3.2.11 Transfer Station and Solid Waste Management Facility Safety Requirements . In addition to all requirements established by law, the Contractor shall:
3.2.11.1 Maintain safe travel conditions on all Transfer Station or Solid Waste Management Facility roads and rights of way on which Collection Vehicles may be expected to travel. The conditions on all such roads and rights of way at a minimum shall include but are not limited to: (a) adequately paved surfaces; (b) suitable lighting of such roads and rights of way from dusk until dawn, and during inclement weather, and (c) immediate removal and clearance of all hazards including but not limited to ice, snow, oil, dirt, and standing water from the roads and rights of way;
3.2.11.2 Provide sufficient personnel to direct each and every Collection Vehicle entering the Transfer Station or Solid Waste Management Facility. Such personnel shall assist Collection Vehicle drivers in safe backing and turning maneuvers, and shall direct and control traffic to ensure that Collection Vehicles may safely enter and exit the Transfer Station or Solid Waste Management Facility;
3.2.11.3 Post and maintain suitable traffic control signs including but not limited to stop, yield, and speed limit signs;
3.2.11.4 Be responsible for ensuring that the Contractor, its employees, agents, subcontractors, and representatives, shall not operate any Collection Vehicles or any other DSNY equipment during the term of the Contract and any extensions thereof.
3.2.12 Observed Transfer Station and Solid Waste Management Facility Deficiencies . DSNY reserves the right to inspect each Transfer Station or Solid Waste Management Facility at any time without notice to the Contractor for compliance with operational and safety requirements. If a Contractor receives a notice of a violation of any provision of Section 3.2 from DSNY, and fails to remedy any deficiency identified in the notice within five working days from the date of such notice, DSNY may, at its discretion, terminate the Contract for default.
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3.2.13 Closure of a Transfer Station or Solid Waste Management Facility . Notwithstanding anything to the contrary contained in Article 11, Section 11.12 of the Supply and Service Agreement (Module D), the Contractor shall have no right to apply to DSNY for termination of its Contract if the Transfer Station or Solid Waste Management Facility is closed for any length of time for any reason. If a Transfer Station or Solid Waste Management Facility is closed, the Contractor shall arrange for the processing and acceptance of the City’s MSW at another Transfer Station or Solid Waste Management Facility, and shall be responsible for any additional costs incurred by DSNY as a result of such closure including but not limited to the difference in the Price per Ton, and DSNY’s personnel and transportation costs, and the cost of performing an environmental review, if required. Failure to do so, may, at DSNY’s discretion, result in the termination for cause of this Contract for an act of default.
3.3 Weigh Scales and the Weighing of MSW at a Transfer Station.
3.3.1 Weigh Scales and the Weighing of MSW . The Contractor shall have one or more operational Weigh Scales at each Transfer Station or Solid Waste Management Facility that shall have a length equal to or greater than 60 feet, and shall be able to accommodate all of the dimensions of all of the Collection Vehicles shown in Exhibit 3 . The Contractor shall weigh all incoming and outgoing Collection Vehicles that transport MSW to a Transfer Station or Solid Waste Management Facility, record the weight prior to unloading the MSW, and after unloading the MSW, and give the weight to DSNY in accordance with Section 3.3.2. Throughout the term of the Contract and any extensions thereof, the Contractor shall calibrate each Weigh Scale from time to time, but in no event less than once every 30 days, and provide the records of the calibration to DSNY within five business days of receipt. In addition, the Contractor shall equip the Transfer Station or Solid Waste Management Facility with a Weigh Scale Computer. The Weigh Scale Computer shall: (a) record the data required by Exhibit 5 (the “ Delivery Data ”); and (b) deliver records of the recorded weight to DSNY by electronic transmission on an hourly basis to the location designated in writing by DSNY’s representative. These records shall be the official record of the weight of each load of MSW delivered to the Transfer Station or Solid Waste Management Facility by DSNY and its authorized representatives. The Weigh Scale Computer shall print the Delivery Data for each load of MSW onto a Delivery Receipt, and onto all copies of such Delivery Receipt, a copy of which is attached to the Detailed Specifications as Exhibit 6 .
3.3.2 Weigh Scale Data . For each load of MSW delivered by a Collection Vehicle, the Contractor shall electronically transmit the data set forth in Exhibit 5 of the Detailed Specifications in the format designated in Exhibit 5 to DSNY on
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an hourly basis. The Weigh Scale Computer shall assign the next load number to each load, in sequence, without any omitted load numbers. For each invoice period, the Weigh Scale Computer shall transfer this data to a floppy disk, or to an otherwise mutually acceptable portable computer data storage medium, and the Contractor shall deliver it to DSNY along with such invoice. < | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||