TRANSFER STATION OPERATIONS

and

SOLID WASTE TRANSPORT CONTRACT

between

(Contractor)

and

THE COUNTY OF MONTGOMERY

Dated as of _______________, 2016

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COUNTY OF MONTGOMERY, NEW YORK

THIS Transfer Station Operations and Solid Waste Transport Contract (this “Agreement”

or “Contract”) is entered into as of _______________, 2016, by and between (the “Contractor”

or the “Company”) and the County of Montgomery, New York, a municipal corporation of the

State of New York, with offices at 20 Park Street, Fonda, New York 12068 (the “County” or

“Montgomery”).

RECITALS

The County is the owner and permit holder of two (2) solid waste transfer stations known

as the “Amsterdam Transfer Station,” located at 1247 Route 5S, Amsterdam, New York and the

“Western Transfer Station,” located at 4583 Route 5S, Sprakers, New York, which are used for

the receipt and transfer for disposal of municipal solid waste generated within the County.

The Contractor is a business enterprise possessed of sufficient labor, equipment, vehicles

and experience to operate the Transfer Stations and provide solid waste transport services as

required herein.

In September 2016, the County issued a request for proposals (“RFP”) pursuant to

General Municipal Law §104, seeking proposals from qualified entities for the operation of the

County’s Transfer Stations and to provide transportation of Municipal Solid Waste (“MSW”)

received at said Transfer Stations to the Fulton County Landfill commencing January 1, 2017.

Based on the proposals received, the County selected the Contractor to provide services for the

operation of the Transfer Stations and to transport municipal solid waste to the Fulton County

Landfill, pursuant to the terms set forth below.

This Agreement is legally effective as of the date first above written (the “Contract

Date”) and the services set forth below shall commence on January 1, 2017 (the “Service

Commencement Date”) and continue until December 31, 2019, unless otherwise extended as

provided herein.

AGREEMENT

NOW, THEREFORE, for and in consideration of the mutual obligations undertaken

herein, and other good and valuable consideration, the receipt and sufficiency of which are

hereby acknowledged, and intending to be legally bound, the Contractor and the County hereby

agree as follows:

1.0 Introduction

The purpose of this Contract is to provide for the safe and efficient operation of the

Transfer Stations located at the “Amsterdam Transfer Station” and the “Western Transfer

Station,” and to provide safe, timely and efficient hauling of MSW to the Fulton County Landfill

located at 847 Mud Road, Johnstown, New York (hereinafter, the “Landfill”). Each Transfer

Station site has a closed landfill which requires monitoring and maintenance. The Contractor has

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no responsibility for these activities.

It shall be the responsibility of the Contractor to furnish all labor and materials necessary

to operate and maintain the Transfer Stations in conformance with all applicable laws,

regulations and permit conditions, and pursuant to the specifications set forth below. Transfer

Station operations shall include receipt and loading of MSW and Construction and Demolition

debris (C&D) into vehicles provided by the Contractor. The Contractor, at its option, shall have

the use of the equipment owned by the County and set forth in Exhibit A hereto, and shall

otherwise provide all labor, materials and rolling stock necessary to haul any and all MSW and

C&D which the County may direct to the Landfill.

The County has received title to the Transfer Stations from the Montgomery Otsego

Schoharie Solid Waste Management Authority (MOSA) pursuant to legislation adopted by the

State of New York which provides for the dissolution of MOSA. Equipment located at the

Transfer Stations and use by MOSA for transfer station operations has also been conveyed to the

County and is made available by the County to the Contractor under this Agreement. The

County will make the Transfer Stations available to the residents, businesses and constituent

municipalities of the County, and anticipates that they will receive approximately 40,000 tons of

MSW and C&D per year, although the County makes no representation or warranty of any

specific tonnage amount. Materials may be delivered by haulers authorized to collect waste

within the County, or by, or on behalf of, the cities, towns and villages located within the

County. Pursuant to an intermunicipal agreement with the County of Fulton, the County has

received the right to dispose of all of the waste received at the Transfer Stations at the Landfill.

The County shall be solely responsible for the payment of tipping fees at the Landfill, and

for the staffing and operation of the scales at the Transfer Stations. The Contractor shall be

responsible for the receipt of waste, the staffing & operations of the scales, the operations of the

Transfer Stations and the transport of waste to the Landfill, pursuant to the terms set forth herein.

2.0 Definitions

As used in this Contract, the following capitalized terms shall have the meaning given

such terms below:

“Acceptable Waste” means that portion of Solid Waste which is (a) household Solid

Waste, non-Hazardous commercial Solid Waste, permitted non-Hazardous industrial

Solid Waste, non-hazardous Construction and Demolition debris (C&D), permitted wood

chips, or other Solid Waste which is expressly permitted for acceptance at the Landfill.

Acceptable Waste shall not include Hazardous Waste, medical waste or other materials

prohibited for acceptance under the permit or regulations governing the Transfer Stations

or the Landfill.

“Montgomery Waste” means Solid Waste generated within the County of Montgomery

and delivered after collection to the Transfer Stations.

“Change in Law” means:

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(a) (i) a change after the Contract Date in any federal, state, county, or other local

law, ordinance, code, rule, regulation or other legislation, or in the interpretation thereof;

or (ii) the imposition of any material conditions on the issuance or renewal of any official

permit, license or approval after the Contract Date, which in the case of either (i) or (ii),

establishes requirements which make the operation or maintenance of the Transfer

Stations more or less burdensome than those on the Contract Date;

(b) the order or judgment, after the Contract Date, of a federal, state or local court,

administrative agency or governmental body having jurisdiction over the Transfer

Stations, if it is not also the result of the willful or negligent action or inaction of the

party relying thereon; provided, however, that neither the contesting in good faith of any

such order or judgment, nor the failure so to contest shall constitute or be construed as a

willful or negligent action or inaction of such party; or

(c) the suspension, termination, interruption, denial or failure of renewal, after the

Contract Date, by any administrative agency or governmental body of any permit,

license, consent, authorization or approval essential to the operation of the Transfer

Stations, except any license for the technology required to operate the Transfer Stations;

provided, however, that such acts or events shall not be the result of the willful or

negligent action or inaction of the party relying thereon and that neither the contesting in

good faith of any such suspension, termination, interruption, denial or failure of renewal,

nor the failure to so contest, shall constitute or be construed as a willful or negligent

action or inaction of such party.

“Change in Law” shall not include the following:

(a) a change in the nature or severity of the actions typically taken by a governmental

authority to enforce compliance with any federal, state, county, or other local law,

ordinance, code, rule, regulation or other legislation in effect on the Service

Commencement Date.

“Commissioner” shall mean the Commissioner of the Department of Public Works of the

County of Montgomery, or his/her designee.

“Contract” or “Agreement” or “Specifications” means this Agreement, together with all

exhibits or attachments hereto.

“Contract Date” means the date of execution of this Agreement.

“Contractor” means __________________________(Contractor)

“Consumer Price Index” or “CPI” means the 12-month average beginning in September

and ending in August of the subsequent calendar year of the Consumer Price Index as

reported by the U.S. Department of Labor, Bureau of Labor Statistics, for All Items, All

Urban Consumers, Not Seasonally Adjusted for New York-Northern New Jersey-Long

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Island, NY-NJ-CT-PA and reported in the CPI Detailed Report Series ID

CUURA101SA0, CUUSA101SA0. Such 12-month average shall be rounded to the

minimum number of decimal places as the monthly values reported in such series. If the

Consumer Price Index, as described above, used for the calculation of the Escalation

Factor ever ceases to be published, then the parties shall substitute, in good faith, a

replacement index that most closely resembles the Consumer Price Index as so used.

“County” means the County of Montgomery, New York.

“County Equipment” shall mean the equipment owned by the County set forth in Exhibit

A hereto, and used by the Contractor for the operation of the Transfer Stations.

“Delivery Schedule” means that schedule determined after negotiation by the parties to

govern transport of waste from the Amsterdam and Western Transfer Stations to the

Landfill.

“Hazardous Waste” means Solid Waste which by reason of its composition or character

is harmful, toxic or dangerous, or is hazardous waste as defined in either the Solid Waste

Disposal Act, as amended from time to time, and the regulations thereunder, or under

equivalent New York statutes and the regulations thereunder. If any governmental

agency or unit having appropriate jurisdiction shall determine that substances which are

not, as of the Service Commencement Date, considered harmful, toxic or dangerous, are

harmful, toxic or dangerous, then such substances shall be Hazardous Waste for the

purposes of this Agreement as of the effective date of such determination.

“Landfill” means the Fulton County Landfill and related facilities located at 847 Mud

Road, Johnstown, New York.

“Load Tracking Documents” refers to the document in the form attached hereto as

Appendix C.

“Montgomery Waste” shall mean waste lawfully delivered to the Transfer Stations and

authorized for acceptance at the Landfill pursuant to intermunicipal agreement between

the County of Montgomery and the County of Fulton.

“MSW” or “Solid Waste” means municipal Solid Waste or Montgomery Waste

delivered pursuant to this Agreement.

“Service Commencement Date” shall be January 1, 2017.

“Solid Waste” means all materials or substances that, as of the Service Commencement

Date or any subsequent date, are generally discarded or rejected as being spent, useless,

worthless or in excess to the owners at the time of such discard or rejection, including,

but not limited to, garbage, refuse, rubbish, discarded materials from residential,

commercial and industrial activities, ashes, yard waste and vegetative waste, but not

including: (a) incinerator residue; (b) demolition and construction debris; (c) sewage,

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waste water discharges and other highly diluted water carried materials or substances,

and those in gaseous form; (d) Hazardous Waste; and (e) radioactive, source, special

nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, as

amended.

“Transfer Station or Stations” means the County of Montgomery Solid Waste transfer

facilities known as the “Amsterdam Transfer Station” located at 1247 Route 5S,

Amsterdam, New York and the “Western Transfer Station” located at 4583 Route 5S, Sprakers,

New York.

“Unacceptable Waste” means waste which is not Acceptable Waste.

“Uncontrollable Circumstance” or “UCC” means any act, event or condition that has a

material adverse effect on the rights or the obligations of the parties under this

Agreement, or a material adverse effect on the operation of the Transfer Stations, if such

act, event or condition is beyond the reasonable control of the party relying thereon as

justification for not performing any obligation or complying with any condition required

of such party under this Contract, and is not the result of the willful or negligent act, error

or omission, failure to exercise reasonable diligence, or breach of this Contract on the

part of the party relying thereon. An Uncontrollable Circumstance, provided it meets the

standards above, shall include, but shall not be limited to the following (“Inclusions”):

(a) act of God, landslide, lightning, earthquake, fire, explosion, flood, acts of a public

enemy, war, blockade, insurrection, riot, civil disturbance, act of terror or any similar

occurrence; but not including reasonably anticipated weather conditions for the

geographic area of the Transfer Station or the Landfill;

(b) labor disputes or strikes, provided that the party affected shall have taken all

necessary and prudent measures to avoid such a labor dispute or strike, and to continue to

operate the Transfer Stations and/or transport waste, as applicable;

(c) a Change in Law;

(d) the loss of or inability to obtain any utility services, including water, sewage, fuel

oil, gasoline and electric power necessary for operation of the Transfer Stations,

provided, however, that such act or event shall not be the result of the willful or negligent

action or inaction of the party relying thereon.

It is expressly understood and agreed that the following shall not constitute “UCCs”:

(a) any Change in Law with respect to federal, state or local income taxes or sales

taxes of any kind, or with respect to new federal, state or local taxes enacted to replace

the foregoing;

(b) adverse changes in the financial ability of any party to this Agreement to perform

its obligations hereunder;

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(c) the consequences of errors of design, construction, start-up, operation or

maintenance of the Transfer Station on the part of the Contractor or the County, or any of

their employees, agents, contractors, subcontractors, suppliers or affiliates;

(d) the failure of any supplier to deliver any necessary materials, equipment or parts

for the operation of the Transfer Stations or the transport of waste, provided that alternate

suppliers shall be available to deliver any such materials, equipment or parts reasonably

consistent with the specifications and schedule;

(e) the lack of fitness for use, or the failure to comply with specifications or design of

any materials, equipment or parts constituting part of the Transfer Stations or

transportation equipment, provided that such lack or failure shall not have been the result

of the occurrence of a Change in Law;

(f) any commercial or economic frustration of purpose, or impracticability of

technology to perform;

(g) reasonably anticipated weather conditions for the geographic areas of the Transfer

Stations and the Landfill;

(h) any act, event or circumstance that would not have occurred if the affected party

had complied with its obligations under this Agreement;

(i) any legal proceeding brought against the Contractor and not the County, or

against the County and not the Contractor, except to the extent any such legal proceeding

constitutes a Change in Law hereunder;

(j) an increase or decrease in the number of employees employed by the Contractor

or the County, due to a strike or labor dispute;

(k) union or labor work rules, requirements or demands which have the effect of

increasing or decreasing the cost to the Contractor or the County of performing under this

Agreement, except to the extent such increase or decrease results from a Change in Law.

“Work” means all of the Work proposed to be accomplished at the site of the project, and

all such other Work as is in any manner required to fulfill the obligations of the

Contractor set forth in the Contract. This includes all plant, labor, materials, supplies,

equipment and other facilities and acts necessary or proper or incidental to the carrying

out and completion of the terms of this Contract.

“Work Week” means a standard week commencing Monday at 6:00 a.m. and extending

until the close of business on the following Saturday. The Commissioner, in his

discretion, may extend the Work Week through Sunday evening for good cause shown

and provided that all County expenses, if any, are reimbursed by the Contractor. In case

of holidays observed on Mondays, the Work Week shall be deemed to commence at 6:00

a.m. the following Tuesday.

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3.0 Term of Contract

The Term of this Contract shall commence on the date of execution and shall continue

until the close of business on December 31, 2019. Service shall commence on the Service

Commencement Date.

At the option of the County, which shall be exercised no later than October 1 of the last

operative year of the Contract or previously exercised option period, the Term of this Contract

may be extended for up to five (5) additional one-year periods.

4.0 Transfer Station Operations

4.1 Division of Responsibility for Maintenance and Repair. The Contractor shall be

obligated to operate and maintain the Transfer Station during the term of this Contract and to

return the Transfer Station to the County at the termination of this Contract in the same condition

as the Contractor finds it, reasonable wear and tear excepted, pursuant to §4.16 below. The

County shall be responsible for major structural repair to the Transfer Station Building during the

term of the Contract, including structural supports, roof and tipping floor, to the extent said

repairs are not required due to the willful or negligent acts or omissions of the Contractor.

4.2 Utilities. The County shall be responsible for the provision of separate metering for all

water and electric utilities used in Transfer Station operations. Upon establishment of separate

metering, the Contractor shall be responsible for payment of all utility costs, commencing in the

first full month after such separate metering is established. In the event that service commences

before separate metering shall be established, the County shall be responsible for utility costs

pending establishment of separate metering.

4.3 Operation and Maintenance Plan. At least 10 days prior to the commencement of Work

under this Agreement, the Contractor shall submit an Operation and Maintenance Plan (the

“O&M Plan”) for the approval of the County. The O&M Plan shall describe, at a minimum, the

personnel, equipment, scheduling, organization and supervision of the Work required under this

Contract, including, but not limited to, screening procedures for handling incoming waste. The

Plan shall take into account seasonal variations in the delivery of waste and set forth contingency

plans in the event of emergencies or unanticipated unavailability of men or equipment, and shall

identify key personnel with contact telephone numbers. The Plan shall provide for the receipt

and transfer of all waste on a first-in, first-out basis, and shall provide a system and equipment

for the loading of outbound trucks. Upon approval of the Plan by the Commissioner, the Plan

shall become a part of this Contract and the Contractor shall be obligated to adhere to it under

penalty of breach of contract. The Plan may be amended or modified after acceptance, only

upon the written approval of the Commissioner.

4.4 Security Plan. At least 10 days prior to the commencement of Work under this

Agreement, the Contractor shall submit to the County for their review and approval prior to the

start of the Contract, a Security Plan covering the Transfer Stations that shall include, but not be

limited to, video surveillance, on-site personnel, etc. Contractor shall be solely responsible for

providing security for all structures and equipment at the Transfer Station sites.

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4.5 Receipt of Incoming Waste. The Contractor shall be fully familiar with the existing

Transfer Station site, access and egress routes and allocated staging area. After being weighed in

at existing scales, carters will enter the site at the direction of the scale house operator and

proceed to discharge their load on the tipping floor. The Contractor is responsible, on a daily

basis, for accepting all Solid Waste delivered by or on behalf of the County, and by haulers

authorized to collect waste in the County, to the Transfer Stations during the times that the

Transfer Station is required to be open hereunder. Waste will be delivered in rear-end and front-

end loaded packer trucks, closed-top roll-off containers, and such other vehicles as the County

may allow into the Facilities. The Contractor shall be responsible for the safe and orderly

maintenance of the tipping area, and the management of traffic at the Transfer Stations. Except

in the case of Unacceptable Waste, title to the MSW delivered by the County to the Transfer

Station shall remain with the County until acceptance of the MSW by the Landfill.

4.6 Waste Quantities. The Contractor should be equipped and staffed to receive, inspect,

process and load for transport, all MSW and C&D received at the Transfer Stations throughout

the course of the year. The County anticipates that varying amounts of MSW and C&D will be

received during each year of the Contract, averaging approximately 40,000 tons/yr. in total, with

greater amounts delivered to the Amsterdam Transfer Station and lesser amounts to the Western

Transfer Station. Tonnage received may be reduced by increases in recycling in the County, or

increased if private haulers or other persons not currently using the facilities elect to do so.

These figures are estimates only and are not intended to be a warranty of tonnage.

Quantities of Solid Waste delivered to the Transfer Station will fluctuate depending on,

among other things, the day of the week, month of the year and the occurrence of holidays, as

well as the availability of capacity at the Facility. The Contractor shall become familiar with

such fluctuations and be prepared to transfer and haul all Acceptable Waste delivered to the

Transfer Station to the Landfill, regardless of variations in waste quantity or the reasons for such

variations.

The Contractor shall be responsible for coordinating its deliveries to the Landfill with the

County of Fulton, so as to perform the Contractor’s obligations hereunder fully and completely.

4.7 Screening and Loading of Waste. The as-received waste will be manually screened by

the Contractor to recover Acceptable Waste and to remove Unacceptable Waste. The remaining

Acceptable Waste shall be transferred with appropriate equipment into the Contractor’s transfer

trailers. The Contractor acknowledges that the screening of Solid Waste for Unacceptable Waste

is critical to minimize hazards at the Transfer Station and the Landfill. The Contractor will

employ the procedures set forth below to screen Solid Waste delivered to the Transfer Station.

4.8 Procedures for Unacceptable Waste. The Contractor shall assign its staff to inspect MSW

as it is discharged from the refuse vehicle prior to its being transferred into the trailers.

If such inspection indicates that Unacceptable Waste (e.g., Hazardous Waste, medical

waste, etc.) have been delivered, the Contractor shall notify the County’s commissioner or

designee and shall obtain the truck number of the vehicle. The Contractor shall segregate such

Unacceptable Waste, and place it for future removal by the responsible party.

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If the responsible party is identified, the County will require that such party arrange for

the disposal of the Unacceptable Waste. If the responsible party cannot be identified, the County

may elect to have the Contractor dispose of such Unacceptable Waste upon terms to be

negotiated with the Contractor at such time, or the County may dispose of such Unacceptable

Waste on its own or through unrelated third-party contractors. The Contractor shall be prepared,

through education of its employees and the terms of the O&M Plan, to handle any emergencies

that may be created by the inclusion of Unacceptable Waste in Solid Waste delivered to the

Transfer Station.

If the Contractor discovers an attempt to deliver Unacceptable Waste to the Transfer

Station, the Contractor will refuse to accept such delivery and immediately notify the County

commissioner or designee of such attempted delivery. Such notice shall include the time and

date of the attempted delivery, the source of such attempted delivery and the identity of the

driver attempting to make such delivery. Such notice shall be promptly confirmed in writing.

The Contractor shall be responsible for the disposal (and costs associated therewith) of

any Unacceptable Waste removed from the Transfer Station by the Contractor, unless so

authorized by the County in advance of such removal. If the Contractor removes Unacceptable

Waste from the Transfer Station without authorization from the County, disposal and costs

associated therewith shall be the responsibility of the Contractor.

4.9 Loading of Waste. The Contractor shall load all vehicles for transfer of MSW in the

Transfer Station areas only. The tipping area shall be left in a neat and orderly condition upon

completion of the Contractor’s workday. All Acceptable Waste shall be loaded onto transfer

trailers and Transfer Station operations shall cease by 7:00 p.m. on weekdays and 3:00 p.m. on

Saturdays, unless authorized otherwise by the County. The Contractor shall keep the Transfer

Stations and the site areas and haul roads in a clean condition, and shall continually police the

entire site and remove fugitive litter resulting from the Contractor’s operation.

The Contractor shall coordinate with the County in the staging of haul trailers for all

materials at the Transfer Stations. Should the allocated area be insufficient for staging of

Contractor’s MSW transfer trailers, the Contractor shall provide sufficient area on property not

owned by the County, at no extra cost to the County. No additional compensation will be made

for off-site facilities of any kind. All maintenance and repair of rolling stock shall be conducted

off-site.

The Contractor shall utilize and maintain the existing Transfer Stations in accordance

with all regulatory agency and permit requirements, and in a manner which will not unduly

interfere with ongoing County Activities.

4.10 County Activities. The County expects to receive source separated recyclable materials

from participating municipalities and haulers at the Transfer Stations. These materials will be

collected by third party vendors for transport to processing facilities. The County will designate

an area at the Transfer Stations where recyclable materials may be deposited or stored prior to

collection and transport. The Contractor shall cooperate with the County and its vendors to

avoid interference between the County’s and the Contractor’s activities.

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The Contractor acknowledges that the Western Transfer Station is adjacent to a

landfill which is closed and under the joint management of the Counties of Montgomery, Otsego

and Schoharie, or their designee (the “Landfill Manager”). The responsibilities of the Landfill

Manager will include leachate collection and removal, sampling and monitoring air and water,

maintenance and repair of the physical structures of the landfills, mowing and other work. The

Contractor shall coordinate his operations with the Landfill Manager and shall operate the

Transfer Stations in a manner that does not interfere with the proper maintenance of the closed

landfills or with any applicable law or regulation governing said landfills.

4.11 On-Site Storage of MSW. The Contractor shall adhere at all times to the applicable

provisions of the Solid Waste permits issued by the New York State Department of

Environmental Conservation (DEC) for the Transfer Stations, which are annexed hereto as

Exhibit B. At no time shall the Contractor receive or store MSW of any kind outside the

confines of the enclosed Transfer Station building. MSW may, however, be stored overnight in

tarped transfer trailers to permit productive utilization of personnel and equipment by the

Contractor. Deliveries are to be received and stored inside the buildings only.

4.12 Liquidated Damages for Improper Operation of the Transfer Station. The parties agree

that the County will suffer damage and injury from the failure of the Contractor to conduct

operations in a manner sufficient to prevent the backlog of waste or storage of waste within the

premises for periods in excess of 24 hours. Such damage and injury is not readily calculable and

the parties hereby agree that the following liquidated damages shall be assessed against the

Contractor for the events set forth below:

(a) The Contractor shall be liable to reimburse the County for any and all expenses,

including fines, penalties and attorney’s fees, associated with the issuance of, or

compliance with any Notice of Violation or other legal or administrative proceeding

arising out of the Contractor’s failure to remove all MSW from the tipping floor on a

daily basis, and yard waste from the Transfer Station in accordance with the permit;

(b) The Contractor shall be liable to the County in the amount of $500.00 for each

instance in which Solid Waste is allowed to remain on the Transfer Station floor or

outside the Transfer Station building at the conclusion of any Work Week during the term

of this Contract;

(c) The damages set forth in (a) and (b) shall be waived by the Commissioner if they

arise due to any of the following circumstances:

i. Extreme weather or other natural conditions which prevent the Contractor

from making efficient use of the Transfer Station or substantially restrict

use of the public roads;

ii. Any unforeseen closure or restricted access to the Landfill. For purposes

of this paragraph, restricted access shall include tipping delays at the

Landfill which require the Contractor’s vehicles to wait in line for 90

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minutes or more after arrival. It shall be the obligation of the Contractor

to document such delays.

The assessment of liquidated damages shall be made by the Commissioner on written

notice to the Contractor. Damage assessments which are not waived shall be deducted from the

Contractor’s next payment voucher.

4.13 Cleaning Up. Upon completion of operations on each workday, the Contractor shall

remove all rubbish, debris and other Solid Waste from the buildings and grounds of the Transfer

Stations. All premises shall be left in a neat, clean and acceptable condition. No litter, debris or

Solid Waste of any kind shall be allowed to accumulate overnight in any portion of the buildings

or grounds (except in tarped transfer trailers as specified above) and must be removed from the

area at the end of each workday, unless otherwise approved by the Commissioner.

4.14 Personnel. The Contractor shall provide all necessary personnel to operate and maintain

the Transfer Stations and associated equipment. The Contractor will provide a supervisor (the

“Site Supervisor”) who shall be experienced and thoroughly familiar with the operation of the

Transfer Station, and who shall be at the Transfer Station site during the workday. A

representative of the Contractor shall be designated to respond to emergencies 24 hours a day for

the term of this Contract. All personnel shall be qualified for their positions and shall have the

necessary licenses required by federal, state and/or local regulations. The County may check the

background of individuals to verify qualifications and experience. The County may require

reassignment of any individual if such individual’s qualifications or experience do not, in the

County’s judgment, permit adequate performance of the services required hereunder.

The Contractor will be required to provide a list of key personnel with home phone

numbers and/or cell phone numbers that the County may contact for emergencies 24 hours per

day, seven (7) days per week.

In some instances, the Contractor may request from the County that County personnel

work beyond their normal working hours. If in these instances the County agrees to provide the

employees, the Contractor shall be responsible for paying all additional expenses incurred by the

County.

4.15 Specific Maintenance Responsibilities. The Contractor shall provide maintenance

services to ensure efficient and reliable operation of the Transfer Stations and to maintain the

longevity of the buildings, equipment, roads and support systems associated therewith.

Additionally, the Transfer Stations and premises must be maintained in a neat and orderly

condition. Such maintenance, repair and clean-up of the Transfer Station shall include, but not

be limited to, the following:

(a) Buildings and facilities: minor repair and painting, cleaning of windows,

janitorial services for clean and sanitary rest rooms, general dirt and litter removal and

contracting for regular pest, insect and rodent extermination;

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(b) Interior access roads, walkways and parking areas: minor repair, servicing, litter,

dirt and dust control and snow and ice removal;

(c) Roads entering and leaving the Transfer Stations: litter control to a distance of

100 feet from the exit and entrance to the Transfer Stations;

(d) Grounds and landscaping: grass cutting, litter control and watering;

(e) Permanent power distribution systems: servicing, preventive maintenance and

repair or replacement of minor components, including lighting, telephone lines and

ancillaries;

(f) Water supply and storm water management systems: servicing, preventive

maintenance and repair or replacement of minor components, including underground

tanks;

(g) Underground fuel tanks and leachate control tanks: servicing, preventative

maintenance, repair and replacement;

(h) Odor control.

On a routine basis, the County will monitor and inspect the maintenance and clean-up

activities of the Contractor. The County will notify the Contractor in writing of its findings and

the Contractor will, as promptly as possible, remedy any situation the County finds unacceptable.

4.16 Equipment. The Contractor shall have the right, but not the obligation, to use the County

Equipment listed in Exhibit A in the operation of the Transfer Stations. All County Equipment

used by the Contractor shall be returned to the County at the termination of this Agreement in the

same condition in which it was received, normal wear and tear excepted. The Contractor shall

provide regular maintenance for all County Equipment pursuant to a detailed schedule contained

in the approved O&M Plan, and shall submit a report of all maintenance performed on County-

owned equipment not less frequently than quarterly. The County reserves the right to repossess

any and all County Equipment in the event the County determines that the Contractor is not

properly performing regular maintenance pursuant to the O&M Plan, or is otherwise improperly

using, maintaining or caring for such equipment.

The Contractor shall be responsible for the provision of all additional equipment deemed

necessary for the operation of the Transfer Stations. The Contractor shall be responsible for

providing and maintaining all equipment utilized by the Contractor in performing the Work and

necessary to sustain the operation of the Transfer Station, including, but not limited to, fuel,

lubricants and spare parts.

All equipment shall be specified in the O&M Plan and shall be subject to the approval of

the County. The Contractor shall add such equipment, on a temporary or permanent basis, as

may be necessary to perform the Work during peak seasons.

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In the event of an emergency, the Contractor may request the assistance of County

equipment and personnel to address an immediate problem. If in these instances the County

agrees to provide the employees and equipment, the Contractor shall be responsible for paying

all additional expenses incurred by the County.

4.17 Fuel and Fuel Tanks. The Contractor shall be responsible for providing fuel to all

equipment and vehicles used in the operation of the Transfer Stations. Nothing herein shall

prevent the parties from making an agreement for the use and maintenance of one (1) or more

existing fuel tanks at each Transfer Station site, following inspection of such tanks. Unless

otherwise agreed by the parties, the County shall have sole use of, and responsibility for such

tanks.

4.18 Hours for Receipt of Solid Waste at the Transfer Stations: Extensions and Additional

Compensation. Solid Waste may be delivered to the Transfer Stations Monday through Saturday

in standard route collection (compactor) and container vehicles, or other vehicles approved by

the County. The Contractor shall receive Solid Waste on all days the scale house is open for

operation, including holidays and emergencies, if necessary. The ordinary hours for acceptance

of waste at the Transfer Stations shall be between 7:00 a.m. and 3:00 p.m., Monday through

Friday, and 8:00 a.m. through 11:30 a.m. on Saturday, inclusively, which is the County’s regular

Work Week. However, the Contractor is advised that these hours may be modified by the

County in its discretion. In such event, the County shall provide the Contractor as much advance

notice of such change as is practicable under the circumstances. The Contractor shall not be

entitled to additional compensation for receipt of Solid Waste at the Transfer Station during such

changes in hours.

4.19 Hours for Loading Outbound Solid Waste. Unless otherwise approved by the

Commissioner, the Contractor shall load its vehicles at the Transfer Stations only during the

hours of 6:30 a.m. to 7:00 p.m., Monday through Friday, and during the hours of 7:00 a.m. to

3:00 p.m. on Saturday; and loaded vehicles shall not remain on the site for more than 24 hours.

The Contractor shall dispatch and receive transfer vehicles at the Transfer Stations in accordance

with a schedule which must receive the approval of the Commissioner. Any services performed

by the Contractor of its own choosing during any hours of any day beyond or before those hours

stated in this Section, exclusive of extended or additional hours specifically requested by the

County, shall not entitle the Contractor to any additional payments from the County.

4.20 Transfer Station Repair and Restoration. The Contractor shall be responsible for the

prompt repair of all non-structural damage to the Transfer Stations regardless of cause, and the

Contractor shall devote the proceeds of all insurance policies covering such damage to the repair

and restoration of the Transfer Stations. At the expiration or termination of the term of this

Contract, unless otherwise directed by the Commissioner, the Contractor shall restore the

Transfer Stations to the original condition of the building(s) as required under the Contract,

excluding normal wear and tear. The original condition shall include, but not be limited to, the

following: fully enclosed and structurally sound Transfer Station, plumbing and electrical

systems in good operating order, operable doors and windows. The Contractor shall remove

such equipment, facilities, structures and improvements as directed by the Commissioner and

shall restore the site to its original condition, all at the direction and to the satisfaction of the

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Commissioner. No additional payments or compensation will be made to the Contractor to cover

any costs associated with the repair and/or restoration of the Transfer Station to an acceptable

condition as determined by the Commissioner.

4.21 County Responsibility for Containers for Unacceptable Waste. During the screening

operations described in Section 1.3 of this Agreement, the Contractor shall sort through

deliveries dumped on the tipping floor and recover any Unacceptable Waste. The County shall

provide designated containers for Unacceptable Waste. The Contractor’s responsibility for the

recovery of these materials shall end upon the Contractor’s depositing the materials into the

County-designated containers. The Contractor shall not commingle Hazardous Waste with non-

hazardous Unacceptable Waste in the containers provided by the County.

4.22 Weigh Scales. The Contractor shall be responsible for the staffing, operation and

maintenance of the weigh scales at the Transfer Stations, which shall be used to record the

weights of all incoming and outgoing waste loads. The Transfer Station scales shall be the

primary means of determining weights for billing purposes. At the initiation of the Contract, the

Contractor will establish the weights of the empty vehicles at the Transfer Station Weigh Scale

and record the tare weights. Each time the loaded vehicle is dispatched from the Transfer Station

it will be weighed to determine its gross weight. Payloads for payment purposes shall be

computed based on the difference between the gross weight of the vehicle and its tare weight.

The County may monitor all weigh scale operations. The County reserves the right to

periodically, at its discretion, weigh empty vehicles to verify tare weights. In the event that the

weigh scales are not operable for any reason, billing may be based upon (a) Landfill scales for

outgoing loads; or (b) yardage equivalents for incoming loads; or (c) other means as the parties

may establish by agreement.

4.23 Records. The Contractor will maintain daily records of collection vehicles unloading at

the Transfer Stations, as well as the Contractor’s transfer vehicles leaving the site. Records will

include date, time, vehicle number and the gross, tare and net weights of MSW and recyclables.

Copies of the daily records will be furnished to the County on hard copy or on electronic storage

media compatible with current WeighMaster system software or any other software that may be

utilized by the County in the future if so requested by the County. With the approval of the

County, modifications may be made to the County’s computer system so that the data produced

is compatible with the Contractor’s computers. In such case, the Contractor shall be responsible

for all costs involved in modifying and documenting the required changes. The Contractor must

provide monthly reports of MSW deliveries to the Landfill, including copies of all Load

Tracking Documents and Landfill weigh slips. The Contractor will maintain accurate daily,

weekly, monthly and annual records of Transfer Station, equipment and rolling stock

maintenance. The records shall include disclosure of downtime or other process interruption as

may be required to comply with permit conditions and Applicable Law.

4.24 Safety Issues. The Contractor shall use all required and necessary precautions to ensure

the safety and protection of the public, County personnel, its employees, and private and public

property in performing the work under this Contract. It shall provide such equipment and

facilities as are necessary or required, in case of accident, for first aid services to any who may

be injured in the progress of the work, and it shall have standing arrangements for the removal

15

and hospital treatment of any employees who may be injured or who may become ill.

The Contractor must immediately report to the County any accident to persons or damage

to County or Contractor property and shall furnish, in writing, full information, including

accounts of witnesses, regarding any and all accidents. The Contractor is required to maintain all

safety equipment, including first aid equipment, fire extinguishers, sprinklers, etc., in the

required operable condition at all times during the Contract term.

5.0 Transportation

5.1 Hauling Vehicles. The Contractor shall provide and maintain sufficient vehicles of

adequate design and capacity to transport all Acceptable Waste delivered to the Transfer Station

to the Landfill. The vehicles must be suitable for hauling Acceptable Waste. The Contractor

shall determine the specific type and number of vehicles to be used, provided, however, that the

Contractor shall at all times maintain and make available a minimum four dedicated tractors and

four dedicated trailers. All vehicles must be compatible with the scales at the Transfer Stations

and the Landfill, as well as Transfer Station and Landfill site conditions and must meet the

following requirements:

(a) The Contractor shall utilize top loading 85 to 100 cubic yard trailers that are

equipped with automatic ejection devices. The Contractor may use 110 cubic yard

trailers that are equipped with automatic ejection devices, provided the same are accepted

by the Landfill. Dump trucks will not be permitted;

(b) The Contractor shall provide for tarp covering of Acceptable Waste while in

transit. The vehicle cover shall be heavy-duty classification, industrial type polyvinyl

chloride coated polyester reinforced by 1/8" mesh, with reinforced corners and grommets

every four (4) feet around the perimeter;

(c) Haulers shall comply with all procedures and rules at the Landfill applicable to

Montgomery deliveries, with all applicable regulations and codes, and with all applicable

permits or approvals.

The Contractor shall ensure that the vehicles present a neat and sanitary appearance.

Loaded vehicles shall meet all applicable rules and regulations for over-the-road travel.

Moreover, transport equipment shall be designed to preclude spillage, loaded within their design

capacity and New York State Department of Transportation regulations, well-maintained in good

working order and properly registered with the State of New York Department of Motor

Vehicles or equivalent state agency. All transport equipment shall display a current, valid

inspection sticker from the New York State Department of Motor Vehicles.

Corroded, defective, bent, deformed or punctured trailers, roll-off boxes or other

containers for waste materials shall not be utilized at any time. The Contractor will promptly

remove from use any transport equipment/vehicle that does not conform with these requirements

and replace it with an acceptable unit.

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The Contractor shall maintain its own off-site maintenance shop facilities for servicing

the transport equipment, unless it elects to subcontract for these services. No vehicle

maintenance may be performed at the Transfer Stations except under emergency conditions with

the approval of the Commissioner. This restriction does not include normal scheduled

maintenance (i.e., grease, oil and filter changes) for heavy equipment, which shall be permitted

in the Transfer Station building.

Transfer vehicles and trailers must be leak-proof and equipped with proper covers to

prevent the loss of materials. Before leaving the Transfer Station loading area(s) and prior to

weighing and on-site staging, vehicles must be completely tarped and cleaned of all loose or

hanging material. No loaded vehicles will be allowed to travel unless they are suitably tarped.

Additionally, once a loaded vehicle is weighed out, the vehicle will not be allowed back

into the Transfer Stations except for the sole purpose of staging.

Sufficient standby vehicles must be available to assure daily hauling to the Landfill. All

transfer equipment (both tractors and trailers) shall have 6" stenciled numbers professionally

painted in areas visible to scale house personnel. The vehicle numbers shall be cleaned and fully

visible at all times.

5.2 Weigh Scales. The Transfer Station Weigh Scales shall be the primary means of

recording weights of all outgoing loads for billing purposes. Unless otherwise approved by the

Commissioner, the Contractor will establish the tare weight of each vehicle by weighing the

empty vehicle at the existing scale house each time prior to being loaded. Each time the loaded

vehicle is dispatched from the Transfer Station it will be weighed at the scale house by to

determine its gross weight. Payloads for payment purposes shall be computed based on the

difference between the gross weight of the vehicle and its tare weight. At its option, the County

may monitor this entire operation.

In the event that the scales of the Transfer Station are inoperable for any reason, the

scales at the Landfill shall be used for billing purposes.

5.3 Vehicle Routing. The following route must be utilized when departing the Landfill

Complex with loaded transfer trailers:

See exhibit annexed hereto.

At any time throughout the term of this Contract, the County may, by written notification,

instruct the Contractor to change the hauling route(s) utilized by the Contractor and specified

above. Following receipt of such written instructions, the Contractor shall, within ten (10) days,

comply with the new routing as if it were so specified herein.

5.4 Backhauling. [Reserved]

5.5 Storage of Rolling Stock and Equipment. The Contractor is responsible for the storage

and security of Contractor’s rolling stock and fixed and movable equipment for Transfer Station

17

operations. Rolling stock and equipment may be stored at the Transfer Station at the direction of

the County. Tarped transfer trailers may be stored at the Transfer Station at a location

designated by the County for a period no longer than 24 hours.

5.6 Personnel. The Contractor will provide experienced and qualified personnel to perform

the hauling services. Drivers must be licensed for the appropriate application and class of

vehicle to be used hereunder. The Contractor shall provide to the County a copy of all drivers’

licenses for all eligible drivers within the Contractor.

The Contractor shall provide the County with yearly updates of all drivers’ licenses. The

Contractor shall notify the County within 24 hours of any changes in personnel performing

hauling services. The County may check drivers’ licenses to determine validity and severity of

moving violations, if any. The County may check the background of individuals to verify

qualifications and experience. The Contractor shall use its best efforts to assist the County in

making such checks.

Any and all independent owner-operators employed by the Contractor on a temporary or

permanent basis shall be pre-qualified by the County, without exception.

5.7 Washing of Rolling Stock. The Contractor will maintain all rolling stock in a clean and

neat condition by means of a regularly-scheduled washing. Such regularly-scheduled washing

shall not be performed at the Transfer Station.

5.8 Debris Spillage. All specified waste removal and disposal services shall be performed in

an efficient and sanitary manner. All leaking or spilling of garbage, debris, trash and other Solid

Waste by the Contractor during the removal, loading, transporting, unloading and disposal

operations (whether at the Transfer Station or the Facility), shall be immediately cleaned up to

prevent vermin infestation and other unsanitary and/or unsightly conditions, including foul

odors. The County will not provide any assistance to the Contractor in cleaning such spillage. If

County personnel are forced to clean up leaks or spills caused by the Contractor, costs incurred

by the County will be deducted from the monthly fee otherwise owed to the Contractor.

5.9 Traffic. In performing the services under this Contract, the Contractor shall conduct its

operation so as to interfere with traffic as little as possible, and effect by every reasonable means,

the safety and comfort of pedestrians, vehicles and vehicle passengers at the Transfer Stations

and the Landfill.

5.10 [Reserved]

5.11 Disposal Fees at the Landfill. The County shall be responsible for payment of all tipping

or disposal fees for Montgomery Waste delivered to the Landfill. Under no circumstances

shall the Contractor deliver any waste from any location other than the Transfer Stations

to the Landfill in vehicles dedicated to the performance of this Agreement, or represent to

the Landfill that any waste not originating at the Transfer Stations is Montgomery Waste

18

as defined in this Agreement. Any violation of this provision shall be grounds for

immediate termination.

5.12 Scheduling and Apportionment of Tonnage Among Disposal Facilities. The County and

the Contractor shall agree upon a Delivery Schedule, set forth as Exhibit C hereto, to apportion

the tonnage of Acceptable Waste that is received at each of the Transfer Stations for disposal at

the Landfill. The parties shall cooperate to establish a regular and reliable transportation

schedule to provide for efficient operations at the Transfer Stations, taking into account seasonal

variations in the amounts of waste delivered. The Schedule shall be updated no later than

December 1 of each contract year, and may be revised at the request of either party.

5.13 County Inspection. Throughout the Term, the County shall have the right to inspect the

Contractor’s vehicles for compliance with the terms of this Agreement.

5.14 Safety and Health Regulations. At all times, the Contractor shall use all required and/or

necessary precautions for the safety and protection of the public, County personnel, employees,

and private and public property in performing the Work under this Contract. The Contractor

shall comply fully with all applicable provisions of applicable governmental regulations and

standards, and/or agencies, noting that in the case of conflict, the Contractor shall comply with

the most stringent rule or regulation.

5.15 Permits, Fees, etc. All necessary permits from County, State or other concerned public

authorities for over the road transport of solid waste shall be secured at the cost and expense of

the Contractor. The Contractor shall comply with, and give all notices required by, applicable

federal, state or local laws, ordinances, rules and regulations, without extra charge or

compensation hereunder.

5.16 Reduction in Waste Quantities. The Contractor shall be aware that throughout the term

of this Agreement, incorporated towns or villages within the County may directly deliver

Acceptable Waste to the Landfill, haulers and other users of the Transfer Stations may elect to

cease use of the Transfer Stations, and the County will continue to pursue ongoing Solid Waste

recycling and reduction initiatives. The County shall in no way be penalized for resulting

reductions in deliveries to the Transfer Stations.

5.17 Increases in Waste Quantities. The Contractor shall be aware that throughout the term of

this Agreement, additional quantities of Acceptable Waste may be delivered to the Transfer

Stations by or on behalf of the incorporated city, towns or villages within the County, and/or by

haulers or other persons not currently using the Transfer Stations, who may elect to do so in the

future. The County shall not be responsible to provide notice of any such increases. The

Contractor shall provide sufficient labor and vehicles to accommodate the transportation of all

waste delivered to the Transfer Stations to the Landfill.

5.18 Accident and Damage Policy. The Contractor shall be required to prepare an accident

and/or damage report of any accidents and/or damage that occur while performing services under

the term of the Contract. This includes any accidents and/or damages at the Transfer Stations,

the Landfill, or any point en route. The County shall immediately be notified of any major

19

occurrences such as bodily injury (to either users or personnel), structural damage to the Transfer

Stations or structures at the Landfill, or waste spillage at any location. A written report will be

submitted to the County within 24 hours of the occurrence containing the date, time, location and

complete description of all incidents.

The Contractor shall provide emergency response services within one (1) hour of vehicle

breakdown or spillage on public roadways.

5.19 Load Tracking Documents. All loads of waste picked up at the Transfer Station and

delivered to the Landfill shall be accompanied by the Load Tracking Document annexed hereto

as Exhibit D. The Contractor’s driver shall sign for the load upon weighing out of the Transfer

Station and an authorized person at the disposal facility shall sign for the load upon weighing

into the disposal facility. The Contractor and any independent hauler employed by the

Contractor shall keep and maintain copies of all tracking documents and dump tickets for no less

than six (6) months after termination of this Contract.

6.0 Compensation and Payment

6.1 Compensation for Transfer Station Operations. The County shall pay to the Contractor

the following amounts for each ton of Montgomery Waste delivered to the Transfer Station and

sorted, handled or loaded for transport elsewhere (including material that is not Acceptable

Waste and is transported for disposal elsewhere), during the base term of the Contract. The per

ton price for Transfer Station Operations during any optional extension term shall be the price in

effect in the previous year escalated by the percent change in the Consumer Price Index from the

previous year.

2017 2018 2019

$TBD/ton $TBD/ton $TBD/ton

6.1.1 Management Fee. (If applicable) In addition to the per/ton price set forth above, the

County shall pay to the Contractor a Management Fee for the operation of the Transfer Station.

The Management Fee shall be paid, through the monthly invoice, for each week that the

Contractor operates the Transfer Station in a calendar year, until the total tonnage received in

such calendar year, excluding recyclables, exceeds 35,000 tons, provided however that the

Management Fee shall be paid for a minimum of 46 weeks in every calendar year. The

Management Fee for Transfer Station Operations during any optional extension term shall be the

amount in effect in the previous year escalated by the percent change in the Consumer Price

Index from the previous year. The Management Fee for each contract year is as follows:

2017 2018 2019

TBD TBD TBD

6.2 Compensation for Transportation to the Landfill. The County shall pay to the Contractor

the following amounts for each ton of Montgomery Waste that is transported to the Fulton

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County Landfill during the base term of the Contract. The price for transportation of MSW to

the Landfill during any optional extension term shall be the price in effect in the previous year

escalated by the percent change in the Consumer Price Index from the previous year.

2017 2018 2019

$TBD/ton $TBD/ton $TBD/ton

6.3 [Reserved]

6.4 Compensation for Screening and Recovery of Unacceptable Waste. The Contractor shall

be paid the Transfer Station Operations Fee set forth in Section 6.1 for all Unacceptable Waste

screened, separated and loaded into County-designated containers. Tonnages for these materials

shall be measured by weight at the scales of the Landfill Complex.

6.5 Payment. Billings by the Contractor for operation of the Transfer Station and all

transportation shall be made on a monthly basis, by voucher provided by the County. Vouchers

shall be submitted on or before the 15th

day of the month following the Billing Month, and

payment shall be made no later than the 30th

day of the month following the submission of the

voucher.

The Contractor invoice shall indicate and include: (a) the number of tons of MSW

delivered to the Transfer Station during the Billing Period; (b) the number of tons of Acceptable

Waste transferred and hauled to the Landfill during the Billing Period; (c) the number of tons of

Recyclable Waste and Unacceptable Waste recovered and placed in County-designated

containers; (d) copy of certified payroll and (e) the total amount due the Contractor for the

Billing Period.

6.6 Year-End Reconciliation. There shall be a year-end reconciliation of all amounts due and

payable. The parties shall meet within 60 days following the close of the calendar year to

prepare and agree upon a summary of (a) all tons of Solid Waste received and handled at the

Transfer Station during the previous year; (b) all tons delivered to the Landfill; and (c) all

amounts paid and remaining unpaid for such Work, including any amounts that are subject to

dispute, and the status of such dispute.

7.0 Authorized Holidays

The Contractor is not required to accept deliveries at the Transfer Station on the day of

observance of the following ten (10) holidays (“Authorized Holidays”) each year: New Year’s

Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. The

County will provide the exact dates of observance of Authorized Holidays of each year during

the preceding December. The scale house will be closed on the day of observance of Authorized

Holidays unless the County advises the Contractor otherwise. Other holidays recognized by the

Contractor or his employees will not be recognized by the County, and the Contractor must

perform all contractual services on these days. The County will not pay the Contractor any

additional fees for Work performed by the Contractor on holidays.

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8.0 Time of Essence

Inasmuch as the provisions of this Contract relating to the time of performance of the

Work are for the purpose of enabling the County to proceed with providing a public service in

accordance with a predetermined program, such provisions are of the essence of this Contract.

9.0 Contract Security

The Contractor shall provide a Performance Bond in favor of the County in a penal sum

of One Million ($1,000,000.00) Dollars in each calendar year of the Contract as security for the

faithful performance of the Contract and for the payment of all persons performing labor or

furnishing materials in connection with this Contract, which bond shall be attached to this

Contract as Exhibit E. The Performance Bond shall be effective for at least one (1) year. All

bonds shall be provided by a Contractor licensed to do business in the State of New York and

hold a rating from AM Best & Co. of AA or better.

Additional or Substitute Bond: If at any time the Performance Bond shall cease to be

adequate security to the County, the Contractor shall, within five (5) days after notice from the

County to do so, substitute an acceptable Bond in the same amount and signed by such other

surety as may be satisfactory to the County. The premiums on such bonds shall be paid by the

Contractor until the new surety shall have been qualified.

10.0 Laws and Ordinances

The Contractor shall observe and obey all federal, state, county and local laws,

ordinances, codes and regulations relating to the performance of the Contract, including, but not

limited to, labor employed thereon, materials supplied, obstructing streets and highways,

maintaining signals, storing, handling and use of explosives and all other general ordinances and

state statutes affecting the Contractor or its employees or the Work hereunder in the Contractor’s

relations with the County or any other persons, and also all laws, codes and ordinances

controlling or limiting the Contractor while engaged in performing the Work under the Contract.

The Contractor shall comply with, and be subject to, all applicable provisions of the New

York State Labor Law, all of which provisions are hereby incorporated herein by reference. The

Contractor shall comply with all applicable provisions of Labor Law Article 9 governing the

payment and posting of prevailing wages at rates determined by the New York State Department

of Labor, and such provisions of Article 8 of the Labor Law as may be applicable to the Work.

Prevailing Wage Schedules for the Work are annexed hereto as Exhibit F.

The Contractor shall comply with, and be subject to, all applicable provisions of the New

York State General Municipal Law, governing the engagement of subcontractors for repair or

maintenance of the Transfer Station, all of which provisions are hereby incorporated herein by

reference. The Contractor shall, pursuant to the New York State General Municipal Law, secure

the payment of compensation for the benefit of all employees who may be injured or suffer

disability in the Work to be performed under this Contract, and for the benefit of the dependents

22

of such employees, during the term of this Contract. The failure of the Contractor to secure such

compensation to all employees and their dependents or the failure to continue securing such

compensation as required by the New York State General Municipal Law during the term of this

Contract, shall render this Contract void and of no effect.

The Contractor shall comply with the provisions of the New York State Civil Rights Law and

§§290-301 of the New York State Executive Law, and shall furnish all information and reports

deemed necessary by the State Commission for Human Rights, the Attorney General and the

Industrial Commissioner, for purposes of investigation to ascertain compliance with such

sections of the Executive Law and Civil Rights Law. The Contractor agrees that neither it nor its

County-approved subcontractors shall, by reason of age, race, creed, color, national origin,

sexual orientation, military status, sex, disability, predisposing genetic characteristics, familial

status, marital status or domestic violence victim status, to refuse to hire or employ or to bar or to

discharge from employment such individual or to discriminate against such individual in

compensation in terms, conditions or privileges of employment or make any inquiry into

prospective employment which expresses, indirectly or directly any limitation specification or

discrimination based on the foregoing characteristics.

11.0 Insurance Requirements

The Contractor shall not commence Work until the County has approved all the insurance

required under this Contract as detailed below. Additionally, the Contractor shall indemnify and

save harmless the County, from and against all losses and all claims, demands, payments, suits,

actions, recoveries and judgments of every kind or nature, brought or recovered against the

County, by reason of any act or omission of the Contractor, its agents or employees, in the

performance of the Contract.

The Contractor shall not permit any subcontractor to commence any work under this

Contract until satisfactory proof of carriage of the required insurance has been posted with and

approved by the County.

The Contractor shall furnish the County with certificates of each insurance policy

insuring the Contractor or any subcontractor permitted under this Contract. All liability coverage

shall be on a primary and non-contributory basis with a waiver of subrogation naming the

County of Montgomery, its officers, agents and employees as an additional insured.

All certificates and insurance policies shall bear the policy numbers, the expiration date

of the policy and the limits of liability thereunder. Both the certificates and the policies shall be

endorsed to provide the County with any notice of cancellation at least 30 days prior to the

actual date of such cancellation. Failure to maintain insurance during the term of the Contract

shall be grounds for termination for default.

(a) Commercial General Liability coverage, on a per project and per location

basis, for bodily injury and property damage, including death with limits of at least

$5,000,000.00 per occurrence;

23

(b) Commercial Automobile Liability with a combined single limit of at least

$1,000,000.00 per occurrence;

(c) Environmental Impairment Liability covering Contractor’s operations with limits

of at least $5,000,000.00 per occurrence;

(d) Excess or Umbrella Liability coverage with limits of at least $20,000,000.00;

(e) Workers' Compensation Insurance as required under New York Law;

(f) Disability Benefits Insurance as required under New York Law.

Proof of Workers’ Compensation and Disability Benefits Insurance must be submitted to

the County as required under New York Law. The Contractor shall take out and maintain said

insurance for all its employees working on the job, and in case of any of the Work being sublet,

the Contractor shall require the subcontractor similarly to provide Workers’ Compensation and

Disability Benefits Insurance for all of the latter’s employees, unless such employees are covered

by the protection afforded by the Contractor.

Any accident shall be reported to the County as soon as possible and not later than twenty-

four (24) hours from the time of such accident. A detailed written report must be submitted to the

County as soon thereafter as possible and not later than three (3) days after the date of such

accident.

12.0 Notices

Any notices or communication required or permitted hereunder shall be in writing and

deemed sufficiently given (a) when delivered by hand; (b) on the business day next following

deposit with a nationally recognized-overnight delivery service, fee prepaid; or (d) on the third

business day following deposit with the United States Postal Service, by certified or registered

mail, postage prepaid, as follows:

To the Contractor:

If by Hand, Mail or Overnight Delivery Service:

__________________

__________________

__________________

__________________

To the County:

If by Hand, Mail or Overnight Delivery Service:

24

Commissioner

Department of Public Works

County of Montgomery

6 Park Street

PO Box 1500

Fonda, NY 12068

Changes in the respective addresses to which such notices may be directed, may be made

from time to time by any party by written notice to the other party.

13.0 Inspection and Tests

All sites, structures, vehicles, containers and equipment used in the performance of this

Contract shall be subject to inspection, examination and test by the Commissioner at any time

during the term of this Contract, and at any and all places where staging and/or storage of

vehicles and containers is conducted.

Without additional charge, the Contractor shall furnish promptly all reasonable facilities,

labor and materials necessary to make any test, including recertification of tare weights, required

by the Commissioner and/or required by the Contract.

The selection of laboratories and/or agencies for the inspection and tests of supplies,

materials or equipment, shall be subject to the approval of or designated by the County.

14.0 Title to Solid Waste

Title to Solid Waste lawfully received at the Transfer Station shall remain in the County

until lawfully passed upon receipt at the Landfill.

15.0 Supervision by the Contractor

At the site of the Work, the Contractor shall employ a superintendent or foreman who

shall have full authority to act for the Contractor. It is understood that such representative shall

be acceptable to the Commissioner and shall be one who can be continued in that capacity for the

particular job involved unless such representative ceases to be on the Contractor’s payroll. The

Contractor’s superintendent or foreman must be able to read and speak the English language.

16.0 Protection of Work, Persons and Property

Precaution shall be exercised at all times for the proper protection of all persons, property

and Work. The Contractor shall provide and maintain such watchman, barriers, lights and other

25

signals at the Contractor’s own expense, as will effectively prevent any accident in consequence

of its Work for which the County might be liable. The Contractor shall be liable for all injuries

or damage caused by its act or neglect, or that of its employees. The Contractor shall be solely

responsible for direction of traffic on the Transfer Station site.

The Contractor shall take particular care to avoid the blocking of fire hydrants, traffic

signals or other visible devices maintained for the use of the County or other Contractors.

17.0 Representations of the Contractor

The Contractor represents and warrants that:

(a) the Contractor is financially solvent and is experienced in, and competent to

perform the type of work involved under this Contract and able to furnish the labor,

materials, supplies and/or equipment to be furnished for the Work;

(b) the Contractor is familiar with all federal, state and local laws, ordinances and

regulations which may in any way affect the Work performed hereunder, including, but

not limited to, any special acts relating to the Work;

(c) the Work to be done by the Contractor can be satisfactorily performed and that

such Work will not injure any person or damage any property;

(d) the Contractor has carefully examined the Specifications, the Transfer Stations

and the Landfill, and that from its own investigations it has satisfied itself as to the nature

and location of the Work, the character, location, quality and quantity of structures and

utilities associated with the Transfer Stations, the character of equipment and other

facilities needed for the performance of the Work, and the general local conditions which

may in any way affect the Work or its performance;

(e) the Contractor is qualified and authorized to do business in the State of New

York;

(f) the Contractor has the power, authority and right to enter into and perform this

Contract, and the execution, delivery and performance hereof and thereof (i) have been

duly authorized; (ii) have the requisite approval of all governmental bodies; (iii) will not

violate any judgment, order, law or regulation applicable to the Contractor; and (iv) do

not (aa) conflict with; (bb) constitute a default under; or (cc) result in the creation of any

lien, charge, encumbrance or security interest, upon any assets of the Contractor under

any agreement or instrument to which the Contractor is a party or by which the

Contractor or its assets may be bound or affected;

(g) this Contract has been duly entered into and constitutes the legal, valid and

binding obligation of the Contractor, enforceable against the Contractor in accordance

with its terms.

18.0 [Reserved]

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19.0 The County’s Right to Withhold Payments

The County may withhold from the Contractor so much of any approved payments due it

as may, in the judgment of the County, be necessary:

(a) to assure the payment of just claims then due and unpaid of any persons supplying

labor or materials for the Work;

(b) to protect the County from loss due to defective performance of the Work or other

non-compliance with the Contract; or

(c) to protect the County from loss due to injury to persons or damage to the Work or

property of others, caused by the act or neglect of the Contractor or any subcontractor.

The County shall have the right, as agent for the Contractor, to apply such amounts so

withheld in such manner as the County may deem proper to satisfy such claims or to

secure such protection. Such applications of such money shall be deemed payment for

the account of the Contractor.

20.0 The County’s Right to Terminate the Contract

If,

(a) the Contractor shall be adjudged bankrupt or make an assignment for the benefit

of creditors; or

(b) a receiver or liquidator shall be appointed for the Contractor for any of its

property and shall not be dismissed within 20 days after such appointment, or the

proceedings in connection therewith shall not be stayed on appeal within the said 20

days; or

(c) the Contractor shall refuse or fail, after notice or warning from the County, to

supply enough properly-skilled workers or proper equipment; or

(d) the Contractor shall refuse or fail to perform the Work or any part thereof, as

required by the Contract; or

(e) the Contractor shall fail to make prompt payments to persons supplying labor or

materials for the Work; or

(f) the Contractor shall fail or refuse to comply with any applicable federal, state

and/or local laws, rules, regulations or ordinances or the instructions of the County or

otherwise be guilty of a substantial violation of any provisions of the Contract; or

(g) the Contractor shall, in any other manner, fail to perform the Work in accordance

with the Specifications;

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then, and in any such event, the County, without prejudice to any other rights or remedy it may

have, may upon seven (7) days’ written notice to the Contractor, terminate the employment of

the Contractor and may take possession of the Transfer Station and perform the Work by

contract or otherwise, as the County may deem expedient. In such case, the Contractor will not

be entitled to receive any further payment with respect to Work performed after the date of

termination. The Contractor shall pay to the County, all expenses incurred by the County as a

result of, or in connection with, such termination. If such expenses shall exceed the

compensation then due the Contractor for Work performed prior to the date of termination, the

Contractor and its sureties shall be liable to the County for such excess and shall compensate the

County for all damages resulting from the Contractor’s failure or non-performance. If the right

of the Contractor to proceed with the Work is so terminated, the County may take possession of

and utilize in performing the Work, such materials, appliances, supplies, plant and equipment as

may be on the Transfer Station but not owned by the Contractor. If the County does not so

terminate the right of the Contractor to proceed, the Contractor shall continue to perform the

Work.

In addition to the foregoing, the County shall have the right to terminate this Contract

upon seven (7) days’ notice to the Contractor, in the event that the County’s performance of its

obligations hereunder are prevented or substantially impaired by the order of any arbitrator or

any court of regulatory agency having jurisdiction over the County, or by the revocation,

suspension or termination of a permit or other governmental approval required for operation of

the Transfer Station, or by any cause beyond the reasonable control of the County. Upon any

such termination (a) the Contractor shall be paid the amount due and owing the Contractor

hereunder for Work performed to the date of termination; and (b) the Contractor shall peaceably

vacate the Transfer Station, removing only such materials, supplies, tools, plant and equipment

as are then owned by the Contractor, whereupon each party shall have no further obligation or

liability to the other party hereunder, other than those that explicitly survive the termination

hereof.

21.0 The Contractor’s Right to Terminate the Contract

If the Work shall be stopped for a period of three (3) months or more by reason of a

Change in Law or other cause beyond the reasonable control of the Contractor, but not caused by

the act, omission or negligence of the Contractor, or any affiliate, agent or subcontractor thereof,

the Contractor may at any time, upon ten (10) days’ notice to the County, terminate the Contract.

22.0 Power of the Contractor to Act in an Emergency

In case of an emergency which threatens loss or injury to property and/or safety of life,

the Contractor will be permitted to act without previous instructions from the Commissioner for

the purpose of securing the Transfer Station and the Equipment. It shall notify the

Commissioner thereof immediately, and any compensation claimed by the Contractor due to

Extra Work made necessary because of the Contractor’s acts in such emergency shall be

submitted to the Commissioner for approval.

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Where the Contractor has not taken action but has notified the Commissioner of any

emergency indicating injury to persons or damage to adjoining property or to the Work being

accomplished under this Contract, then upon authorization from the Commissioner to prevent

such threatened injury or damage, the Contractor shall act as instructed by the Commissioner.

The amount of reimbursement claimed by the Contractor on account of any such action shall be

determined on a time and materials basis.

23.0 Successors and Assigns

The Contractor shall not sublet any part of the Work under the Contract nor assign any

money due the Contractor hereunder without first obtaining the written consent of the County.

This Contract shall inure to the benefit of and shall be binding upon the parties hereunder and

upon their respective successors and assigns, but neither party shall assign or transfer its interest

herein in whole or in part without consent of the other, provided, however, the County may

assign the Contract without such consent to any public agency or authority established by the

County.

24.0 Standards of Workmanship

The silence of the Specifications as to any detail or an omission from it of a detailed

description concerning any Work to be done and Equipment to be furnished, shall be regarded as

meaning that only the best general practice observed in the latest current Solid Waste hauling

and transfer work is required, and that only material and workmanship of first quality is to be

used in this connection and all interpretations of the Specifications shall be made upon this basis.

All labor shall be performed in the best and most workmanlike manner by mechanics and

operators skilled in their respective trades. The type of labor employed by the Contractor shall

be such as will insure the uninterrupted continuity of the entire Work, without conflict of any

kind.

25.0 Permits and Approvals

The County shall be responsible for obtaining the following permit(s) as applicable:

(a) Building permit;

(b) Fire prevention permit;

(c) Health Department/Application to construct:

(i) Sanitary system including SPDES permit;

(ii) Hazardous materials storage permit(s);

(d) NYSDEC permit(s);

(e) County Environmental Protection permit(s);

(f) U.S. Army Corp of Engineers permit(s).

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The Contractor shall be responsible for obtaining all licenses and permits required for all

vehicles and all vehicle or equipment operators engaged in the performance of the Work.

The Contractor shall give all notices and comply with all laws, ordinance, rules,

regulations and conditions of the permits, whether obtained by the County or the Contractor,

bearing on the conduct of the Work, and shall be responsible for acquisition of all pertinent

information necessary for such compliance.

26.0 Errors and Omissions

If any errors or omissions appear in the Specifications or other documents, the Contractor

shall, within ten (10) days from receiving such Specifications or documents, notify the

Commissioner in writing of such errors or omissions. In the event of the Contractor’s failing to

give such notice, it will be held responsible for the results of any such errors or omissions and

the cost of rectifying the same.

27.0 Proper Method of Work and Proper Materials

If, at any time during the term of this Contract, the Equipment used or to be used appear

to the Commissioner as insufficient or improper for assuring proper performance of the Work,

the Commissioner may order the Contractor to increase its efficiency or to improve its character,

and the failure of the Commissioner to demand any increase of such efficiency or improvement

shall not release the Contractor from its obligation to secure the quality of Work.

28.0 Waiver

The failure of the County at any time to insist upon the strict observance of any of the

provisions of this Contract, or to exercise any of its rights in respect hereto, or to exercise any

election herein provided, shall not be construed as a waiver of such provision, right or election,

or in any way affect the validity of this Contract. Any remedy provided in this Contract shall be

construed as cumulative; that is in addition to each and every remedy herein provided.

29.0 [Reserved]

30.0 Machinery and Equipment

All machinery, equipment, trucks and vehicles used in the prosecution of the Work or in

connection therewith, shall at all times be maintained in proper working condition. The

Contractor shall be responsible for curtailing noise, dust, odors, smoke, fumes or any other

nuisance resulting from operations. The Contractor shall, upon written notification from the

Commissioner, make any repairs, replacement, adjustments and additions, and furnish mufflers

when necessary to fulfill these requirements.

31.0 [Reserved]

32.0 Accident Prevention

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During the performance of the Work, the Contractor shall exercise all reasonable

precautions for the protection of persons and property. The safety provisions of applicable laws,

building and construction codes shall be observed. Machinery, equipment and all other physical

hazards shall be guarded in accordance with the safety provisions of federal, state or municipal

laws or regulations.

If any operation, practice or condition is deemed by the Commissioner to be unsafe, he

shall notify the Contractor in writing to take corrective action.

Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from

full responsibility at all times for safe prosecution of the Work.

33.0 Indemnification

33.1 Contractor Indemnity. The Contractor agrees that it shall protect, indemnify, defend and

hold harmless the County and its officials, officers, members, employees and agents from and

against all liabilities, actions, damages, claims, demands, judgments, losses, costs, expenses,

suits or actions and attorneys’ fees, and shall defend the aforesaid indemnified parties in any suit,

appeal or other proceeding, including those for personal injury to, or death of, any person or

persons not parties to this Contract, or loss or damage to property of persons not parties to this

Contract arising out of (a) the negligent act or omission, or other wrongful conduct of the

Contractor or any of its officials, agents, employees, Contractors or subcontractors in connection

with its obligations or rights under this Contract; (b) the Work or Equipment furnished or used

by the Contractor hereunder; or (c) the breach by the Contractor of any of its obligations under

this Contract. Contractor agrees to accept exclusive responsibility and liability for complying

with all applicable state and federal laws, and all codes, regulations, statutes, and ordinances

including those governing, obligations regarding payment of quarterly taxes, social security,

disability and any other contributions based on the fees paid to the Contractor under this

Agreement. Contractor agrees to reimburse, indemnify, defend and hold harmless the County to

the extent that the County becomes obligated to pay any of the above taxes, contributions, or

payments, or to the extent the County incurs any similar liabilities.

34.0 Uncontrollable Circumstances

Except as expressly provided in this Contract, neither the County nor the Contractor shall

be liable to the other for any failure or delay in performance of any obligation under this

Contract, if such failure or delay in performance is a result of the occurrence of an

Uncontrollable Circumstance. The party whose performance under this Contract has been

affected by an Uncontrollable Circumstance, shall provide prompt notice to the other party of (a)

the commencement and the cessation of such Uncontrollable Circumstance; and (b) the areas

where costs associated with such Uncontrollable Circumstance can be reduced and the

approximate amount of the costs. Whenever an Uncontrollable Circumstance shall occur, the

party claiming to be adversely affected thereby shall, as quickly as reasonably possible, mitigate

the cause thereof, undertake alternative performance if reasonable under the circumstances, and

shall to the extent reasonable under the circumstances, reduce costs, including, without

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limitation, pursuing applicable insurance proceeds and shall resume performance under this

Contract, as quickly as reasonably possible. The parties shall limit costs incurred in anticipation

of an Uncontrollable Circumstance to those reasonably calculated to prevent or diminish the loss

or damage. Each party shall give prompt written notice to the other party of the commencement

of any proceeding or other official action which is likely to result in a Change in Law or other

Uncontrollable Circumstance. In the event that the performance by either party under this

Contract is prevented by an Uncontrollable Circumstance for a continuous period of not less than

90 days, then either party, by ten (10) days’ written notice to the other, may terminate this

Contract. Termination under this provision shall not relieve the parties from compliance with

obligations incurred prior to the occurrence of the Uncontrollable Circumstance.

35.0 Coordination with Other Contractors

During the term of this Contract, other contractors may be engaged in performing other

County work at the Transfer Stations and adjacent landfills. In that event, the Contractor shall

not interfere with such work and shall coordinate the Work to be done under this Contract with

the work of the other contractors in a manner as the Commissioner may direct.

36.0 [Reserved]

37.0 Joint and Several Liabilities

If the Contractor is comprised of more than one (1) individual, corporation or other

entity, each of the entities comprising the Contractor shall be jointly and severally liable for

Contract obligations.

38.0 Entire Agreement

This Contract and all documents incorporated herein contain the entire agreement and

understanding between the parties as to the subject matter hereof. This Contract may not be

changed, modified or supplemented in any way, except by an instrument in writing, executed by

both parties.

39.0 Lien Law

The provisions of Section 25, Subdivision 5 of the New York State Lien Law, as

amended, in relation to funds being received by a contractor for a public improvement declared

to constitute trust funds in the hands of such contractor to be applied first to the payment of

certain claims, shall be applicable.

40.0 Other Legal Provisions Applicable to All Contracts

The Contractor and its subcontractors shall not employ any labor or means whose

employment or utilization during the course of this Contract, may tend to or in any way cause, or

result in, strikes, work stoppages, delays, suspension of work or similar troubles by workers

employed by the Contractor or subcontractor, or by any of the trades working in or about the job

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site where Work is being performed under this Contract, or any other contract on the job site.

Any violation of this requirement by the Contractor may, upon certification of the Director of the

Division of Purchasing, be considered as proper and sufficient cause for canceling and

terminating this Contract.

Fringe benefit supplements to employees paid by the Contractor are to be paid to a

federally-qualified pension, health or welfare program and a New York State registered

apprentice training program. Direct payments in cash for fringe benefit supplements will not be

allowed.

Where the Work performed under this Contract involves a trade or occupation licensed in

the County, the Contractor or subcontractor shall be required to have such a license.

Each and every provision of any law, rule or regulation required by law to be inserted in

this Contract shall be read and enforced as though it were included herein, and if through

mistakes or otherwise, any such provision is not inserted or is not correctly inserted, then upon

the application of either party, the Contract shall be amended to make such insertion.

This Contractis only deemed executory to the extend funds are appropriated and budgeted

by the Montgomery County Legislature. In no instance will the County be obligated to make

payments that are not appropriated and budgeted. Notwithstanding anything contained herein to

the contrary, no default shall be deemed to occur in the event no funds or insufficient funds are

appropriated and budgeted by the County, or are otherwise unavailable to the Countyfor

payment. The County will immediately notify the Contractor of such occurrence and this

Contract shall terminate on the last day of the fiscal period for which appropriations were made

without penalty or expense to the County of any kind whatsoever.

If any provision or provisions of this Agreement shall be held unenforceable by a Court of

competent jurisdiction for any reason, then such provision shall be modified to reflect the

Parties’ intention. All remaining provisions of this Agreement shall remain in full force and

effect for the duration of this Agreement.

The exclusive means of disposing of any contract dispute arising under this Contract shall be

decided in a New York State Court of competent jurisdiction located within Montgomery County, New

York. There shall be no right to binding arbitration. Pending final resolution of a dispute, the Contractor

shall proceed diligently with performing the terms of this Contract. The Contractor waives any dispute or

claim not made in writing and received by the County within thirty (30) days of the occurrence giving rise

to the dispute or claim. The claim must be in writing for a sum certain and any money requested must be

fully supported by all cost and pricing information.

WHEREFORE, the parties, through their authorized representatives, have set their

hands this _____ day of __________, 2016.

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(Contractor)__________________________

By:_________________________________

COUNTY OF MONTGOMERY

By:_________________________________

34

ACKNOWLEDGEMENTS

STATE OF NEW YORK)

ss.:

COUNTY OF MONTGOMERY)

On the _____ day of ___________, in the year 2016, before me, the undersigned,

personally appeared ____________________, personally known to me or proved to me on the

basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the

within instrument and acknowledged to me that he/she/they executed the same in his/her/their

capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the

person upon behalf of which the individual(s) acted, executed the instrument.

____________________________________

Signature and Office of Individual

Taking Acknowledgement

STATE OF NEW YORK)

ss.:

COUNTY OF MONTGOMERY)

On the _____ day of ___________, in the year 2016, before me, the undersigned,

personally appeared ____________________, personally known to me or proved to me on the

basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the

within instrument and acknowledged to me that he/she/they executed the same in his/her/their

capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the

person upon behalf of which the individual(s) acted, executed the instrument.

____________________________________

Signature and Office of Individual

Taking Acknowledgement

35

EXHIBIT A

LIST OF COUNTY EQUIPMENT TO BE USED BY THE CONTRACTOR

36

EXHIBIT B

TRANSFER STATION PERMITS

37

EXHIBIT C

DELIVERY SCHEDULES FROM EACH TRANSFER STATION

38

EXHIBIT D

LOAD TRACKING DOCUMENT

39

EXHIBIT E

PERFORMANCE BOND

(To be Provided Prior to Commencement of Service)

40

EXHIBIT F

PREVAILING WAGE INFORMATION

41

EXHIBIT G

ROUTE PLAN