**Exhibit 10.8**

 

**NOTE:  A SECOND SERVICE AND SUPPLY AGREEMENTSUBSTANTIALLY IDENTICAL TO THE AGREEMENT FILED AS THIS EXHIBIT 10.10 WASENTERED INTO BY IESI NY CORPORATION AND THE CITY OF NEW YORK ACTING BY ANDTHROUGH THE DEPARTMENT OF SANITATION. ATTACHED TO THE END OF THIS EXHIBIT IS THE RELATED BID SHEET ANDSIGNATURE PAGE FOR THE SECOND SERVICE AND SUPPLY AGREEMENT.**

 

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**CITY OF NEW YORKDEPARTMENT OF SANITATION**

 

 

**INVITATION FOR BIDS**

 

**ON A**

 

**SERVICE AND SUPPLY CONTRACT**

 

**THE BID DOCUMENT PACKAGE**

 

(contains)

 

 

Informationfor Bidders (Module “A”)

 

BidForms (Module “B”)

 

Scopeof Work - Detailed Specifications (Module “C”)

 

Termsof Agreement (Module “D”)

 

ScheduleA, Insurance Requirements & Bond Forms (Module “E”)

 

Attachments(Module “F”)

 

 

**For Furnishing all Labor andMaterial necessary and required for:**

 

 

**Export Of Municipal Solid WasteFromThe Borough of Brooklyn (2003)**

 

 

**PIN: 82703WD00036**

 

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**NOTICE**

 

**The Bid DocumentsBook is organized into Modules A through F.**

 

**CONTENTS**

 
| **Module A:** | Information for Bidders (Table of Contents  follows)                                                                                    |
|---------------|-----------------------------------------------------------------------------------------------------------------------------------------|
|          |                                                                                                                                    |   |
|          | A1  -                                                                                                                                   | Bid-Specific  Information for Bidders |
|          |                                                                                                                                    |   |
|          | A2 -                                                                                                                                    | Standard  Supply and Service Information for Bidders with a Table of Contents |
|          |                                                                                                                                    |   |
| **Module B:** | Bid Materials                                                                                                                           |
|          |                                                                                                                                    |   |
|          | Certain pages must be  notarized as indicated.                                                                                          |
|          |                                                                                                                                    |   |
|          | Bond Forms, if Bonds Are  Required                                                                                                      |
|          |                                                                                                                                    |   |
| **Module C:** | Scope of  Work                                                                                                                          |
|          |                                                                                                                                    |   |
|          | Detailed Specifications /  Scope of Work                                                                                                |
|          |                                                                                                                                    |   |
| **Module D:** | Terms of the  Supply and Service Agreement                                                                                              |
|          |                                                                                                                                    |   |
|          | Agreement (with Table of  Contents)                                                                                                     |
|          |                                                                                                                                    |   |
|          | Acknowledgments  (Signatures and Notarization)                                                                                          |
|          |                                                                                                                                    |   |
| **Module E:** | Conditions  Applicable to the Contract                                                                                                  |
|          |                                                                                                                                    |   |
|          | El - **Schedule A:**Contract-Specific  Conditions, including, but not limited to, Insurance and Bonding Requirements  and Contract Term |
|          |                                                                                                                                    |   |
|          | E2 -                                                                                                                                    | Insurance Provisions |
|          |                                                                                                                                    |   |
| **Module F:** | Attachments  (As Applicable)                                                                                                            |
|          | Local Law 35 Certification  (for Contracts over $100,000)                                                                               |
|          |                                                                                                                                    |   |
|          | Service and Supply  Contractor’s Employment Report                                                                                 |
|          |                                                                                                                                    |   |
|          | VENDEX Package                                                                                                                          |
|          |                                                                                                                                    |
|          | •                                                                                                                                  | A Vendor’s  Guide to VENDEX |
|          | •                                                                                                                                  | Business  Entity Questionnaire |
|          | •                                                                                                                                  | Principal  Questionnaire |
|               |                                                                                                                                         |  |  |

 

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**MODULE A:**

 

**INFORMATION FOR BIDDERS**

 

**SUPPLY AND SERVICE CONTRACTS**

 
| **Bid-Specific Information** |
|------------------------------|
|                         |
| **Standard Information**     |

 

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**New York City Department of SanitationExport of Municipal Solid Waste from the Borough of BrooklynBid-Specific Information for Bidders**

**Bid-Specific Information for Bidders**

 

**1.**                                      Summary of the Procurement

 

TheNew York City Department of Sanitation (“**DSNY**”) is seeking to award one or more contractsto qualified firms (“**Contractors**”) who shall provide all of thelabor, materials, equipment, transport, facilities, and resources necessary andrequired to accept, process, transport, and dispose of a minimum of 100 tonsper day (“**TPD**”)of municipal solid waste (“**MSW**”) collected by DSNY and its authorizedrepresentatives in the borough of Brooklyn. DSNY anticipates awarding one ormore contracts under this solicitation.

 

Thequalified Contractors shall:

 

own, operate, or have an agreement with the owner and the operator touse: (a) a putrescible solid waste transfer station (“**Transfer Station**”) locatedwithin the borough of the City of New York (the “**City**”) within which the MSWis collected; or (b) a solid waste management facility (“**Solid Waste Management Facility**”)located outside of the City, no more than 50 miles from the egress points fromthe City designated in **Exhibit 1**, which will accept MSWcollected by DSNY or its authorized representatives in Brooklyn; and

 

accept, process, transport, and dispose of the MSW at permitted,licensed or otherwise authorized disposal facilities (“**Disposal Facilities**”) whichare located outside of the City which are either owned and operated by thebidder, or have an agreement between the owner and the operator, and the bidderfor use of the Disposal Facility.

 

Anyagreement between the bidder and the owner and the operator of a TransferStation or Solid Waste Management Facility, or Disposal Facility shall be forthe term of the contract that DSNY may award to the bidder(s) under thissolicitation and any extensions thereof. A Transfer Station located within the City shall have all of the permitsrequired by the State of New York and the City, and one located outside of theCity shall have all of the permits, licenses and authorizations (“**Permits andAuthorizations**”) required by the state and locality within which itis located by the bid opening date.

 

AContractor may own or operate the Transfer Station, the Solid Waste ManagementFacility, a Disposal Facility or an MSW transporter, or it may perform one ofthese functions and subcontract the others. The Contract(s) to be awarded willbe for a term of three years with an option to extend the Contract, at DSNY’sdiscretion, for two additional terms of up to one year each.

 

Besidesmeeting all of the requirements set forth in the Detailed Specifications, eachTransfer Station, Solid Waste Management Facility and Disposal Facility shallcomply with all of the applicable federal, state and local laws, rules, andregulations concerning Transfer Stations, Solid Waste Management Facilities,and Disposal Facilities. Each

 

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transporterof MSW shall comply with all of the applicable federal, state and local laws,rules and regulations governing the transport of MSW.

 

Eachbidder may submit more than one bid in response to this solicitation. However,the bidder shall only submit one bid for each Transfer Station or Solid WasteManagement Facility that it designates for the acceptance of MSW in each bidsubmitted in response to this solicitation. DSNY will reject as non-responsiveall bids other than the bid setting forth the lowest Price per Ton submitted bya bidder designating the same Transfer Station or Solid Waste ManagementFacility for the acceptance of MSW.

 

**2.**                                      Term of the Contract

 

TheContract(s) to be awarded will be for a term of three years with an option toextend the Contract, at DSNY’s discretion, for two additional terms of up toone year each.

 

**3.**                                      Time and Place for theReceipt of Bids

 

TheDepartment shall receive all sealed bids at the following location on or beforethe date and time set forth below:

 

New York City Department ofSanitation Contracts Unit51 Chambers Street Room 806New York, New York 10007 Attention: Contract Supervisor

 

**Date:  February4, 2003**

 

**Time:  11:00 am**

 

**4.****                                      Pre-BidConference**

 

TheDepartment will hold a pre-bid conference on the date and time and at thelocation set forth below:

 

Time:  **10:00 a.m.**

 

Date:  **January 13, 2003**

 

Place: **44Beaver Street, 12thNew York, NY 10004**

 

Bidderattendance at this pre-bid conference is:

 
| mandatory o |   | optional ý |
|-------------|--------|-----------------|

 

Failureto attend a mandatory pre-bid conference may constitute grounds for therejection of your bid.

 

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Nothingstated at the pre-bid conference shall change the terms or conditions of thisInvitation for Bids unless a change is made by written amendment.

 

Pleasenotify the Agency Contact of the number of representatives from your firm thatwill attend the conference at least five City working days before the date ofthe pre-bid conference.

 

**5.**                                      Agency Contact Person

 

Anyquestions or correspondence relating to this Invitation for Bids must beaddressed to:

 
| Name:      | Mark Suppa                             |
|------------|----------------------------------------|
| Title:     | Bureau  Contracting Officer            |
| Address:   | 125 Worth  Street, New York, NY, 10013 |
| Telephone: | (646)  885-4530                        |
| Fax:       | (212)  788-3906                        |

 

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**INFORMATION FOR BIDDERS(Module A-2)**

 

**(StandardInformation for All Supply and Service Contracts)**

 

**TABLE OF CONTENTS**

 
| 1.  | Information Specific to this Bid  Solicitation                                                                            |   |
|-----|---------------------------------------------------------------------------------------------------------------------------|--------|
| 2.  | Bid Submission Requirements                                                                                               |   |
| 3.  | Definitions                                                                                                               |   |
| 4.  | Invitation For Bids and Contract Documents                                                                                |   |
| 5.  | Examination of Proposed Contract                                                                                          |   |
| 6.  | Form of Bid                                                                                                               |   |
| 7.  | Bidder’s Oath                                                                                                        |   |
| 8.  | Site Visit                                                                                                                |   |
| 9.  | Bids Must Be Typewritten or Written Legibly  in Ink                                                                       |   |
| 10. | Facsimile, Telegraphic, or Mailgram Bids                                                                                  |   |
| 11. | Irrevocability of Bid                                                                                                     |   |
| 12. | Acknowledgment of Amendments                                                                                              |   |
| 13. | Bid Samples and Descriptive Literature                                                                                    |   |
| 14. | Proprietary Information; Trade Secrets                                                                                    |   |
| 15. | Pre-Bid-Opening Modification or Withdrawal  of Bids                                                                       |   |
| 16. | Bid Evaluation and Award                                                                                                  |   |
| 17. | Late Bids, Late Withdrawals and Late  Modifications                                                                       |   |
| 18. | Withdrawal of Bids                                                                                                        |   |
| 19. | Mistake  in Bids                                                                                                          |   |
| 20. | Low Tie Bids                                                                                                              |   |
| 21. | Rejection  of Bids                                                                                                        |   |
| 22. | Right to Appeal Determinations of  Non-Responsiveness or Non-Responsibility and Right to Protest Solicitations  and Award |   |
| 23. | Affirmative Action and Equal Employment  Opportunity                                                                      |   |
| 24. | MacBride Principles                                                                                                       |   |
| 25. | VENDEX Questionnaire                                                                                                      |   |
| 26. | Complaints about the Bid Process                                                                                          |   |
| 27. | Bid Security                                                                                                              |   |
| 28. | Payment and Performance Bonds or  Substitutes                                                                             |   |
| 29. | Failure to Execute Contract                                                                                               |   |
| 30. | Financial Qualifications                                                                                                  |   |
| 31. | Division of Labor Services                                                                                                |   |
| 32. | Applicability of the Procurement Policy  Board Rules                                                                      |   |
| 33. | Pricing                                                                                                                   |   |
| 34. | Bid Sheets                                                                                                                |   |

 

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**Standard Information for Bidders – DSNYSupply and Service Contracts**

 

**NEW YORK CITYDEPARTMENT OF SANITATION**

 

**STANDARD INFORMATIONFOR BIDDERSON SUPPLY AND SERVICE CONTRACT**

 

**1.****                                     ****Information Specific to this Bid Solicitation**

 

Seethe Bid-Specific Information for Bidders, attached as **Module A-1**.

 

**2.**                                      Bid SubmissionRequirements

** **

2.1                                                         Each bidder must submit the completed bidto the Department of Sanitation (“**DSNY**”) in a sealed envelope. This envelopemust indicate:

 

(a)                                                          the name of the person, firm orcorporation presenting the bid;

 

(b)                                                         the bid opening date;

 

(c)                                                          the PIN number; and

 

(d)                                                         the bid title.

 

The bidder must sign andhave the bid and all other documents requiring signature notarized. Failure tocomply with these instructions may result in rejection of your bid.

 

2.2                                                         For a bid to be deemed responsive, thebidder must complete and submit the following forms contained in the BidBooklet. Failure to comply with any of the following bid submissionrequirements may result in rejection of your bid:

 

(a)                                                          Bid Form, including the MacBridePrinciple Provisions Checkoff and the Affirmation of Non-Debt (Tax Affirmation);

 

(b)                                                         Bid Security (if required by **Schedule A**);

 

(c)                                                          VENDEX Questionnaires (if required; seeSection 26, below); and

 

**3.**                                      Definitions

 

Thedefinitions set forth in Chapter 1 of the Rules of the Procurement Policy Board(the “**PPBRules**”) of the City of New York (the “**City**”)apply to thisInformation for Bidders. All references to “**Section**” in this informationfor Bidders mean a section of the Instructions to Bidders, unless thesurrounding text clearly indicates otherwise.

 

**4.**                                      Invitation ForBids and Contract Documents

 

4.1                                                         Except for titles, subtitles, headings, running headlines, tables ofcontents and indices (all of which are printed in this Invitation for Bidsmerely for

 

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convenience) thefollowing, except for such portions as may be specifically excluded, are deemedto be part of the Contract and the Bid Documents:

 

(a)                                                          the Advertisement and Invitation forBids.

 

(b)                                                         the Bid.

 

(c)                                                          the Agreement.

 

(d)                                                         the Budget Director’s Certificate.

 

(e)                                                          the Specifications.

 

(f)                                                            the Contract Drawings (if any).

 

(g)                                                         all addenda issued by the Commissionerprior to the receipt of bids (if any).

 

(h)                                                         all provisions required by law to beinserted in this contract whether actually inserted or not.

 

(i)                                                             the Notice of Award.

 

(j)                                                             Performance and Payment Bonds (ifrequired by **Schedule A**).

 

(k)                                                          the Notice to Commence Work.

 

4.2                                                         For particulars as to this procurement,including quantity and quality of the purchase, extent of the work or labor tobe performed, delivery and performance schedule, and any other specialinstructions, prospective bidders are referred to the Detailed Specifications(Scope of Work) of the Invitation for Bids (**Module C**).  A full set of the documents composing theInvitation for Bid, including the Detailed Specifications, can be obtained atthe following location:

 

Contracts UnitNew York City Department of Sanitation51 Chambers Street, Room 807New York, N.Y. 10007Telephone: (212) 788-8085/8086.

 

4.3                                                         Bid Deposit, if Required

 

Prospective bidders mayobtain a copy of the Invitation for Bid documents by complying with theconditions set forth in the Advertisement for Bids. If a bid deposit isrequired, the deposit must be in the form of: (a) a money order, (b) acertified check made payable to the order of the City of New York, and drawnupon a state or national bank or trust

 

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company; or (c) a bank checkthat has been issued by a state or national bank or trust company and signed byan authorized officer.

 

4.4                                                         Return of Deposit

 

DSNY will return each biddeposit within 30 days after the award of the contract or the rejection of allbids if the bidder returns the Invitation for Bids document to DSNY’s ContractClerk in a physical condition that is satisfactory to the Agency ChiefContracting Officer.

 

4.5                                                         Additional Copies of the Invitation forBids Documents

 

The bidder’ may obtainadditional copies of the Invitation For Bids documents subject to theconditions set forth in the Advertisement for Bids.

 

**5.**                                      **Examination of ProposedContract**

 

5.1                                                         Request for Interpretation or Correction

 

(a)                                                          Prospective bidders must examine theContract Documents carefully, and before bidding must request the Commissionerin writing for an interpretation or correction of every patent ambiguity,inconsistency or error in the Contract Documents that should have beendiscovered by a reasonably prudent bidder.

 

(b)                                                         The Commissioner’s interpretation orcorrection, as well as any additional contract provisions the Commissioner maydecide to include, will be issued in writing by the Commissioner as an **addendum**tothe contract.

 

(c)                                                          DSNY will send all addenda by mail,facsimile, or private delivery service to each person recorded as havingreceived a copy of the contract documents from the Contract Clerk. DIS willalso post all addenda at the place where the contract documents are availablefor the inspection of prospective bidders.

 

(d)                                                         Upon mailing or delivery and posting,each addendum becomes a part of the contract documents, and is binding on allbidders, whether or not DSNY can show that a bidder received actual notice ofthe addendum.

 

5.2                                                         Only Agency Chief Contracting Officer’sInterpretation or Correction Binding

 

Only the Agency chiefContracting Officer’s written interpretation or correction is binding.Prospective bidders are warned that no other officer, agent or employee of theCity is authorized to give information concerning the bid solicitation, or toexplain or interpret the contract documents.

 

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**6.**                                      Form of Bid

** **

Eachbid must be submitted upon the form included with the bid, and must contain:

 

6.1                                                         the name, residence and place of businessof the bidder and of the person or persons signing the bid;

 

6.2                                                         the names of all persons interested inthe bid. If no other person is so interested, the bidder must specificallystate this fact;

 

6.3                                                         a statement to the effect that this bidis made without any connection with any other person submitting a bid under thesame bid solicitation, and that the bid is in all respects fair and has beenmade without collusion or fraud;

 

6.4                                                         a statement that no Councilman or otherofficer or employee or person whose salary is payable in whole or part from theCity Treasury is directly or indirectly interested in the supplies, materialsor equipment, services, work or labor to which it relates, or in any portion ofthe profits that may be made from obtaining the contract;

 

6.5                                                         a statement that the bidder is not inarrears to the City or to any agency upon a debt or contract or taxes, and isnot a defaulter as surety or otherwise upon any obligation to the City or toany City agency except as set forth in the bid.

 

**7.**                                      Bidder’s Oath

 

7.1                                                         An authorized representative of thebidder must properly sign the bid. The same authorized representative must signa written oath that all matters stated in the bid, and all informationfurnished in the bid, are true in all aspects.

 

7.2                                                         If the bidder willfully or fraudulentlymakes a materially false statement in connection with the bid, or on any of theforms completed and submitted with the bid, the City may terminate any contractbetween the City and the bidder. In addition, the city may bar the bidder fromparticipating in future City contracts, and the bidder may be subject tocriminal prosecution.

 

**8.**                                      Site Visit

 

Wherethe solicitation involves performance of services on City facilities, the Cityurges every bidder to: (a) inspect the site where services are to be performedprior to the bid opening date; and (b) to satisfy itself as to all general andlocal conditions that may affect the cost of performance of the Contract. Abidder’s failure to inspect a site prior to bidding will not constitute groundsfor withdrawing a bid after opening under any circumstances, or be grounds orfor a claim after award of the Contract.

 

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**9.**                                      Bids Must BeTypewritten or Written Legibly in Ink

 

Eachbidder must submit its bid typewritten or written legibly in ink and shall signthe bid in ink. The signer must initial any and all erasures or alterations tothe bid in ink. DSNY may reject a bid that fails to conform with therequirements of this Section.

 

**10.**                               Facsimile,Telegraphic, or Mailgram Bids

 

Facsimile,telegraphic, or mailgram bids are not allowed in response to this solicitation,unless the Contract-Specific Information for Bidders **(Module A-1)**specificallystates that DSNY will accept them. See the Contract-Specific Information **(Module A-1)**for Bidders for the Time and Place for Receipt of Bids.

 

**11.**                               Irrevocabilityof Bid

 

Thebidder cannot revoke the prices set forth in the bid, and these prices shall beeffective until the award of the contract, unless the bid is withdrawn asprovided for in Sections 15 and 18, below.

 

**12.**                               Acknowledgmentof Amendments

 

Thebidder must acknowledge the receipt of any amendment and/or addendum to the bidsolicitation documents.

 

**13.**                               Bid Samples andDescriptive Literature

 

Thebidder must not submit bid samples and descriptive literature unless DSNYexpressly requests them in another section of the bid solicitation documents.DSNY will not examine or test any unsolicited bid samples or descriptiveliterature that are submitted, and such submissions shall not be deemed to varyany of the provisions of the bid solicitation documents or the contract.

 

**14.**                               ProprietaryInformation; Trade Secrets

 

Eachbidder must (a) identify those portions of its bid that the bidder deems to beconfidential, proprietary information or trade secrets; and (b) providejustification as to why the City shall not disclose the identified material.The bidder must clearly indicate all materials the bidder desires to remainconfidential by stamping the top and bottom of the pages on which suchinformation appears with the word **“CONFIDENTIAL.”**Materials stamped **“CONFIDENTIAL”**must be easily separable from the non-confidential sections of thebid.

 

DSNYwill review all materials stamped **“CONFIDENTIAL,”**and will communicate to thebidder in writing any decision not to honor a request for confidentiality. If abid is not successful, DSNY will return all confidential materials to thebidder. DSNY must make available to the public all prices, makes and model orcatalog numbers of the items offered, deliveries, and terms of payment afterbid opening regardless of any designation of confidentiality the bidder hasmade.

 

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**15.**                               Pre-Bid-OpeningModification or Withdrawal of Bids

 

15.1                                                   Before the bid opening, a bidder maymodify or withdraw any bid by giving DSNY written notice of the modification orwithdrawal. DSNY must receive this written notice in the office designated inthe Bid-Specific Information for Bidders **(Module A-1)**before the time and date setfor the bid opening.

 

15.2                                                   A bid modification or withdrawal sent byfacsimile, telegraphic or mailgram modification or withdrawal shall beeffective if it is received in the manner set forth in the PPB Rules.

 

15.3                                                   If the bidder withdraws a bid inaccordance with this Section, DSNY will return the bid security (if any) to thebidder.

 

**16.**                               Bid Evaluationand Award

 

Inaccordance with the New York City Charter, the PPB Rules and the terms andconditions of this Invitation For Bids, DSNY shall award this contract, if atall, to the responsible bidder, whose bid: (a) meets the requirements andevaluation criteria set forth in this Invitation For Bids; and (b) whose bidprice is either the most favorable bid price (or, if this Invitation For Bidsso states, the most favorable evaluated bid price). A bid may not be evaluatedfor any requirement or criterion that is not disclosed in the Invitation ForBids.

 

*Restrictions*

 

16.1                                                   DSNY will not engage in negotiations withany bidder except under the circumstances and in the manner set forth inSection 21.3 of this Standard Information for Bidders **(Module A-2)**below.

 

16.2                                                   Nothing in this Section shall beinterpreted to permit DSNY to award a contract to a bidder that submits ahigher quality item than the quality designated in the bid solicitationdocuments unless that bid is the most favorable bid.

 

**17.**                               Late Bids, LateWithdrawals and Late Modifications

 

17.1                                                   DSNY will not consider any bidreceived at the place designated in the Invitation for Bids after the time anddate set for the receipt of bids.

 

17.2                                                   DSNY will not consider any requestfor withdrawal or modification received at the place designated in theInvitation for Bids after the time and date set for the receipt of bids.

 

17.3                                                   DSNY will consider a latemodification of a successful bid that makes the bid terms more favorableto the City.

 

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**18.**                               Withdrawal ofBids

 

18.1                                                   Except as provided for inSection 15, above, a bidder may not withdraw its bid before the expirationof 45 days after the date of the opening of bids.

 

18.2                                                   After 45 days, a bidder may withdraw itsbid only in writing before the contract is awarded.

 

18.3                                                   If within 60 days after the execution ofthe contract the Commissioner does not fix the date for commencement of work bywritten notice to the bidder, the bidder, at his option, may give writtennotice to the Commissioner asking to be relieved of the bidder’s obligation toperform the contract work. If the bidder does give such notice to theCommissioner, and the request to withdraw is granted, the bidder waives allclaims in connection with this contract.

 

**19.**                               Mistake in Bids

 

19.1                                                   Mistake Discovered Before Bid Opening

 

A bidder may correctmistakes discovered before the time and date set for bid opening by withdrawingor correcting the bid as provided in Section 15, above.

 

19.2                                                   Mistakes Discovered Before Award

 

In accordance with the PPBRules, if a bidder alleges a mistake in bid after bid opening and before award,the bid may be corrected or withdrawn upon written approval of the Agency ChiefContracting Officer and Agency Counsel if the following conditions are met

 

(a)                                                          *Minor Informalities.* Minor informalities in bids are: (a) matters of formrather than substance that are evident from the bid submission documents; or(b) insignificant mistakes that can be waived or corrected without prejudice toother bidders (meaning that the effect on price, quantity, quality, delivery,or contractual conditions is negligible). Depending on which is in the bestinterest of the City, the Agency Chief Contracting Officer may waive suchinformalities or allow the bidder to correct them.

 

(b)                                                         *Mistakes Where Intended Correct Bid is Evident.* If the mistake and the intended correctbid are clearly evident on the face of the bid document, the bid shall becorrected to the intended correct bid and may not be withdrawn. Examples ofmistakes that may be clearly evident on the face of the bid document aretypographical errors, errors in extending unit prices, transposition errors,and arithmetical errors.

 

(c)                                                          *Mistakes Where Intended Correct Bid is Not Evident.*A bidder may be permitted to withdraw alow bid if:

 

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(1)                                                                      a mistake is clearly evident on the faceof the bid document but the intended correct bid is not similarly evident; or

 

(2)                                                                      the bidder submits proof of evidentiaryvalue that clearly and convincingly demonstrates that a mistake was made.

 

19.3                                                   Mistakes Discovered After Award.

 

Mistakes shall not becorrected after award of the contract except where the City Chief ProcurementOfficer, with the approval of Corporation Counsel, makes a writtendetermination that it would be unconscionable not to allow the mistake to becorrected.

 

19.4                                                   Remedy for Mistake.

 

(a)                                                          Unless otherwise required by law, thesole remedy for a bid mistake in accordance with this Section 19 shall be: (a) withdrawal of that bid; and (b) the return of the bid bond or othersecurity (if any) to the bidder.

 

(b)                                                         Any amendment to, or reformation of, abid or a contract to rectify a mistake or an in the bid or contract is strictlyprohibited.

 

(c)                                                          After the bid with a mistake has beenwithdrawn, the City may, in its discretion: (a) award the contract to the nextlowest responsive, responsible bidder, or (b) rebid the contract.

 

**20.**                               Low Tie Bids

 

20.1                                                   When two or more low responsive bids fromresponsible bidders are identical in price, and meet all the requirements andcriteria set forth in the Invitation For Bids, the Agency Chief ContractingOfficer will break the tie in the following manner and order of priority:

 

(a)                                                          Award the contract to a certified NewYork City small minority or woman-owned business entity bidder, or

 

(b)                                                         Award the contract to a New York Citybidder;

 

20.2                                                   If two or morebidders still remain equally eligible after application of Section 20.1,above, the Agency Chief Contracting Officer shall award the contract by adrawing by lot limited to those bidders. The bidders involved will be invitedto attend the drawing. The City must have a witness present to (a) verify thedrawing; and (b) certify the results on the bid tabulation sheet.

 

**21.**                               Rejection ofBids

 

21.1                                                   Rejection of Individual Bids.

 

The Agency Head mayreject a bid if:

 

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(a)                                                          The bidder fails to furnish any of theinformation required by Sections 26 and 34.1;

 

(b)                                                         The bidder is determined to benon-responsible pursuant to the PPB Rules;

 

(c)                                                          The bid is determined to benon-responsive pursuant to the PPB Rules; or

 

(d)                                                         The bid, in the opinion of the AgencyChief Contracting Officer, contains unbalanced bid prices and is thusnonresponsive, unless (a) the bidder can show that the prices are notunbalanced for the probable required quantity of such items; or (b) theimbalance has been corrected pursuant to Section 15.

 

21.2                                                   Rejection of All Bids

 

DSNY, upon written approvalby the Agency Chief Contracting Officer, may reject all bids and resolicit bidsif in DSNY’s sole opinion doing so is in the best interest of the City.

 

21.3                                                   Rejection of All Bids and NegotiationWith All Responsible Bidders

 

The Agency Head maydetermine that it is appropriate to cancel the Invitation For Bids after bidopening and before award and to complete the acquisition by negotiation. Thisdetermination shall be based on one of the following reasons:

 

(a)                                                          All otherwise acceptable bids receivedare at unreasonable prices;

 

(b)                                                         Only one bid is received and the AgencyChief Contracting Officer cannot determine the reasonableness of the bid price;

 

(c)                                                          No responsive bid has been received froma responsible bidder, or

 

(d)                                                         In the judgment of the Agency ChiefContracting Officer, the bids were not independently arrived at in opencompetition, or were submitted in bad faith. When the Commissioner hasdetermined that the Information for Bids is to be canceled and that use ofnegotiation is appropriate to complete the acquisition, the Agency ChiefContracting Officer may negotiate and award the contract without issuing a newsolicitation subject to the following conditions:

 

(1)                                                                      The Agency Chief Contracting Officer hasgiven each responsible bidder that submitted a bid in response to theInvitation for Bids prior notice of the intention to negotiate and a reasonableopportunity to negotiate;

 

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(2)                                                                      The negotiated price is the lowestnegotiated price offered by any responsible bidder; and

 

(3)                                                                      The negotiated price is lower than thelowest rejected bid price of a responsible bidder that submitted a bid inresponse to the Invitation for Bids.

 

**22.****                              ****Right to Appeal Determinations ofNon-Responsiveness or Non-Responsibility and****Right to Protest Solicitations and Award.**

 

Thebidder has the right to: (a) appeal a determination of non-responsiveness ornon-responsibility; and (b) protest a solicitation and award, pursuant to thePPB Rules.

 

**23.**                               AffirmativeAction and Equal Employment Opportunity

 

ThisInvitation For Bids is subject to applicable provisions of Federal, State, andLocal Laws and executive orders requiring affirmative action and equalemployment opportunity.

 

**24.**                               MacBridePrinciples

 

ThisInvitation for Bids is subject to the provisions of Title 6, Chapter 1,Section 6-115.1 of the New York City Administrative Code.

 

**25.**                               VENDEXQuestionnaire

 

Pursuantto Administrative Code Section 6-116.2 and the PPB Rules, bidders may beobligated to submit completed VENDEX questionnaires with this bid. Generally,if this bid is $100,000 or more, or if this bid when added to the sum total ofall contacts, concessions and franchises the bidder has received from the Cityand any Subcontract received from City contractors over the past twelve months,equals or exceeds $100,000, a prospective bidder must complete and submitVENDEX questionnaires with this bid.  Anyquestions concerning this requirement must be submitted to the Agency ChiefContacting Officer or the Agency Contact person for this contract.

 

**26.**                               Complaintsabout the Bid Process

 

TheNew York City Comptroller is charged with. the audit of contracts in New YorkCity. Any vendor who believes that there has been unfairness, favoritism orimpropriety in the bid process should inform the Comptroller, Office ofContract Administration, One Centre Street, Room 835, New York, New York;telephone number (212) 669-3000.

 

**27.**                               Bid Security

 

27.1                                                   If bid security is required in the **Schedule A**,DSNY will not receive or consider a bid unless bid security accompanies thebid.

 

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27.2                                                   If a Bid Bond is utilized, the Bid Bondmust be in the form set forth in these solicitation documents and must beissued by a surety company that is authorized to do business in the State ofNew York. The Bid Bond shall insure the City of New York to the extent of notless than 10% of the amount of the Bid Contract Price.

 

27.3                                                   In lieu of a Bid Bond, a bid securitydeposit may accompany the bid in approximately the sum of 2% of the amount ofthe Bid Contract Price. Such deposit shall consist of a certified check upon astate or national bank or trust company or a check of such bank or trustcompany signed by one of its duly authorized officers, drawn to the City, whichthe Comptroller shah approve as of equal value with the sum so required.

 

27.4                                                   A prospective bidder may not enclose thebid security (in whatever form) in the envelope containing the bid; rather, thebidder must submit the bid deposit separately to the Commissioner’srepresentative upon presentation of the bid.

 

27.5                                                   The bid security assures the City of NewYork and DSNY of the adherence of the bidder to its bid and, if its bid isaccepted, the execution of the contract in form as attached to thesesolicitation documents.

 

27.6                                                   Return of Bid Security.

 

(a)                                                          Within 10 days after the bid opening,DSNY will notify the Comptroller to return the deposits of all but the threelowest bidders. Within five days after the award, DSNY will notify theComptroller to return the deposits of the remaining two unsuccessful bidders.

 

(b)                                                         If the successful bidder is obligated tosubmit payment and performance bonds DSNY will notify the Comptroller to returnthe bid of the successful bidder DSNY bee, within five days after the executionof the Contract and DSNY’s acceptance of the Contractor’s bonds, whicheveroccurs later.

 

(c)                                                          If the successful bidder is not obligatedto submit payment and performance DSNY will notify the Comptroller to returnthe bid security of the successful bidder only after the amount retained underArticle 6 of the Agreement equals the amount of the bid security.

 

(d)                                                         If DSNY rejects all bids, DSNY willnotify the Comptroller to return the deposits of the three lowest bidders atthe time of rejection.

 

**28.**                               Payment andPerformance Bonds or Substitutes

 

28.1                                                   **Performance Bond.**If required in **Schedule A**(attached as part of **Module E**),the successful bidder must, prior to or at the time of the execution of thecontract, deliver to the City an executed bond in form prescribed in thesesolicitation documents to secure the faithful performance and completion of

 

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the contract. Thesurety issuing the performance bond, and the form of the performance bond, aresubject to the approval of the Comptroller and DSNY. The performance bond mustbe in the amount set forth in **Schedule A**.

 

28.2                                                   **Payment Bond.**If required in **Schedule A**(attached as part of **Module E**),the successful bidder must, prior to or at the time of the execution of thecontract, deliver to the City an executed payment bond in form prescribed inthese solicitation documents as security for the payment for all personsperforming Labor or furnishing materials in connection with the contract.  The surety issuing the payment bond, and theform of the payment bond, are subject to the approval of the Comptroller andDSNY. The payment bond must be in the amount set forth in **Schedule A**.

 

28.3                                                   **Power of Attorney in Connection with Payment and PerformanceBonds.**Attorneysin fact who sign performance or payment bonds must file with each bond acertified copy of their power of attorney to sign the bond.

 

28.4                                                   **Deposits of Money or Specified Obligations in Lieu of Paymentand Performance Bonds.** In lieu of a performance or payment bond, the successful bidder maydeposit with the Comptroller money or an obligation of the City of New York,which the Comptroller shall approve as of equal value with the amount of thebond or bonds required in the Schedule of Bonds and Liability Insurance.

 

(a)                                                          The Comptroller may sell and use theproceeds of the money or obligations specified in Section 32.1 for anypurpose for which the principal or surety on such bond would be liable underthe terms of the contract. If money is deposited with the Comptroller, thesuccessful bidder shall not be entitled to receive interest on such money fromthe City.

 

(b)                                                         Whenever the successful bidder depositsmoney in lieu of a performance or payment bond, the deposit may be in the formof a bank check or certified check payable to the New York City SanitationDepartment in the amount specified in the Schedule of Bonds and Insurance.

 

**29.**                               Failure toExecute Contract

 

Ifthe successful bidder fails to execute the contract and to furnish any requiredsecurity and insurance within 10’ days after notice of the award of thecontract:

 

29.1                                                   the City will retain the successfulbidder’s bid deposit (or so much of it as shall be applicable to the amount ofthe contract award); and

 

29.2                                                   the successful bidder shall be liablefor, and hereby agrees to pay on demand, the difference between the price bidand the price for which the contract shall subsequently be awarded, including thecost of any required reletting and less the amount of such deposit.

 

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29.3                                                   No plea of mistake in the bid that DSNYhas accepted shall be available to the bidder either (a) for the recovery ofthe deposit on the accepted bid; or (b) as a defense to any action based uponthe accepted bid.

 

**30.**                               FinancialQualifications

 

30.1                                                   DSNY may require any bidder orprospective bidder to furnish all books of account, records, vouchers,statements or other information concerning the bidder’s financial status forexamination as DSNY may require to ascertain bidder’s responsibility andcapability to perform the contract.

 

30.2                                                   If the bidder fails or refuses to supplyany of the documents or information set forth in Section 34.1 or fails tocomply with any of the requirements of Section 34.1, DSNY may reject thebid.

 

**31.**                               Division ofLabor Services

 

31.1                                                   Who Must File a Complete EmploymentReport:

 

(a)                                                          In accordance with Executive Order No. 50(1980) as modified by Executive Order No. 108 (1986), filing a completed EmploymentReport is a requirement of doing business with the City of NewYork.

 

(1)                                                                      The bidder has been identified as thelowest bidder for a supply or service contract or his proposal for supplies orservices has been accepted;

 

(2)                                                                      The contract value exceeds $50,000; and

 

(3)                                                                      The bidder’s firm employs 50 or morepeople.

 

(b)                                                         Each successful bidder must file anEmployment Report if he meets each of the three conditions shown above.

 

(c)                                                          In addition, subcontractors, suppliers,or vendors performing on the contract who meet the conditions set forth inSections 35.1 (a) and Section 35.1(b) also must file an Employment Report.

 

(d)                                                         The Employment Report is included in thesolicitation package. Upon request, DSNY will send a copy to the low bidderunder separate cover. The bidder should read the Instructions for a Supplyand Service Contractors Employment Report carefully.

 

31.2                                                   Who Must File a “Less Than 50 Employees”Certificate:

 

(a)                                                          A successful bidder whose contract valueexceeds $50,000 may submit only a “Less Than 50 Employees Certificate” when atall of its facilities it employs fewer than 50 employees.

 

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(b)                                                         A subcontractor, vendor or supplier thatholds a subcontract that exceeds $50,000 may submit only a “Less Than 50Employees Certificate” when at all of its facilities it has fewer than 50employees.

 

**32.**                               Applicabilityof the Procurement Policy Board Rules

 

ThisInvitation for Bids is subject to the PPB Rules as amended. In the event of aconflict between the PPB Rules and a provision of this Invitation for Bids, thePPB Rules take precedence.

 

**33.**                               Pricing

 

Priorto bid award and at DSNY’s request, the bidder must submit cost or pricing datato DSNY and formally certify that, to the best of its knowledge and belief,such cost or pricing data submitting is accurate, complete, and current as of amutually determined specified date. The Agency Chief Contracting Officer shallretain the bidders certificate in DSNY contract file. If the bidder fails tosubmit the data required to support a price, then the Agency Chief ContractingOfficer shall not allow the price.

 

**34.**                               Bid Sheets -Schedule of Prices

 

34.1                                                   The bidder must complete all formsincluded with **Module B**.

 

**Exception:** It is possiblethat at times the forms for bid bonds, performance bonds and payment bonds willbe included in **Module B**, even though **Schedule A**, part of Module E, does notrequire such bonds. If **Schedule A**does not require any of thistype of bonds, the bidder need not return the bid forms with it bid.

 

34.2                                                   If this is a unit price bid, DSNY hasincluded in the Schedule of Prices the forms that the bidder must use for theunit price quotations, the projected total costs for the term of the contract,and amount quotations.

 

34.3                                                   The bidder should direct any questionsabout the bid forms included in **Module B**to the contact person designatedin **ModuleA-1**.

 

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**MODULE B:**

 

**BID MATERIALS**

 

**THE BID**

 

Information about the Bidder

 

Bidder Representation and Warranties

 

Schedule of Prices (for Unit Price Contracts only)

 

Bid Sheet and Signature Page

 

Bidder’s Affidavit (must be notarized)

 

Affirmation of Non-Debt (Tax Affirmation)

 

Bid Bond Form (when applicable)

 

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**CITY OF NEW YORKDEPARTMENT OF SANITATION**

 

**INVITATION FOR BIDS**

 

**ON A**

 

**SERVICE AND SUPPLY CONTRACT**

 

**THE BID DOCUMENT PACKAGE**

 

(contains)

 

 

Informationfor Bidders (Module “A”)

 

BidForms (Module “B”)

 

Scopeof Work - Detailed Specifications (Module “C”)

 

Termsof Agreement (Module “D”)

 

ScheduleA, Insurance Requirements & Bond Forms (Module “E”)

 

Attachments(Module “F”)

 

 

**For Furnishing all Labor andMaterial necessary and required for:**

 

 

**Export Of Municipal Solid WasteFromThe Borough of Brooklyn (2003)(Phase II/IV-A)**

 

 

**PIN: 82703WD00036**

 

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**Notice**

Before bidding, bidders must satisfythemselves by personal examination of the Plans, Specifications, Agreement andlocation of the proposed work and by such other means as they may prefer; as tothe nature and extent of the work required, and they must determine forthemselves, and allow for all difficulties which may be encountered in theprosecution of the work.

 

**FAILURE TO COMPLETE THE BID INDETAIL MAY RESULT IN ITS REJECTION.**

 

**THE CITY OF NEW YORK DEPARTMENT OFSANITATION BIDFOR FURNISHING ALL LABOR AND MATERIAL NECESSARY AND REQUIRED FOR:**

 

**EXPORT OF MUNICIPALSOLID WASTE FROM THE BOROUGH OF BROOKLYN**

 

 

**PIN#: 82703WDOQQ36**

 

Name of Bidder:           IESI NY Corporation

 

Tel #:                  201-437-5200                            Fax#:                    201-437-5300

 

Bidder is: Check one:  oIndividual     oPartnership                      ý Corporation           oJoint Venture

 

Tax Payers ID # of Bidder:     13-3960687

 

Residence of Bidder [IfIndividual]:      

 

Place of Business ofBidder:            2Commerce Street, Bayonne, NJ 07002

 

Date ofBid:       2/4/03

 

**(If Bidder is aPartnership or a Joint Venture, fill in the following Blanks)**

 
| **Name of Partners or Joint Venturers** |   | **Residence  of Partners or Joint Venturers** |
|-----------------------------------------|--------|-----------------------------------------------|
|                                    |   |                                          |
|                                    |   |                                          |
|                                    |   |                                          |

 

**(If Bidder is aCorporation, fill in the following Blanks)**

 

Organized under the Laws of theState of:                    Delaware

 

Name and Home Address ofPresident:                                  CharlesFlood

 

6325 MesaRidge Drive, Fort Worth, Texas 76137

 

Name and Home Address ofSecretary: Tom Fowler

 

1303 BriarRidge, Keller, Texas 76248

 

Name and Home Address ofTreasurer:  Thomas J. Cowee

 

6304 RegimentPlace, Colleyville, Texas 76034

 

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**BIDDERREPRESENTATIONS AND WARRANTIES**

 

Each of the above-named bidders hereby certifies, affirms, anddeclares:

 

1.                                       This bidder is of lawful age and the onlyone interested in this bid; and that no person, corporation, or organizationother than herein above named has any interest in this bid or in the contractproposed to be taken.

 

2.                                       This bidder and each person signing onthis bidder’s behalf do hereby certify, under penalty of perjury, that to thebest of each of such person’s knowledge and belief:

 

The prices in this bid has been arrived at independently withoutcollusion, consultation, communication, or agreement for the purpose ofrestricting competition, as to any matter relating to such price with any otherbidder or with any competitor or potential competitor; and

 

Unless otherwise required by law, the prices quoted in this bid havenot been knowingly disclosed by such person and will not knowingly be disclosedby such person prior to bid opening, directly or indirectly, to any otherbidder or to any competitor; and

 

Such person has made and will make no attempt to induce any otherperson, corporation, or organization to submit or not to submit a bid for thepurpose of restricting competition; and

 

No councilman or other officer or employee or person whose salary ispayable in whole or in part from the City Treasury is directly or indirectlyinterested in this bid, or in the supplies, materials, equipment, work or laborto which it relates, or in any of the profits thereof; and

 

This bidder is not in arrears to the City of New York upon any debt,contract, or taxes and is not a defaulter, as surety or otherwise, uponobligation to the City of New York, and has not been declared not responsible,or disqualified, by any agency of the City of New York or the State of NewYork, nor is there any proceeding pending relating to the responsibility orqualification of this bidder to receive public contracts.

 

3.                                       This bidder has inspected the site wherethe services are to be performed and is satisfied as to all general and localconditions that may affect the cost of performance of the contract.

 

4.                                       This bidder has examined all parts ofthis Invitation for Bids, including but not limited to the Agreement and theterms and conditions thereof, and if the bid is accepted as submitted, thisbidder shall execute the Agreement as set forth herein.

 

5.                                       This bidder is duly licensed to dobusiness in each of the City of New York and the State of New York and holds oragrees to obtain all necessary permits and other authorizations required by lawor regulation for the performance of the bid contract.

 

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6.                                       This bidder’s attention has beenspecifically drawn to the equal employment provisions of the bid contract andthis bidder warrants that it will comply with all the terms and provisionsprescribed therein.

 

7.                                       This bidder executes this documentexpressly warranting and representing that should this bid be accepted by theCity and the contract awarded him, he and his subcontractors engaged in theperformance:

 

•                  will complywith the provisions of Section 6-108 of the Administrative Code of theCity of New York and the nondiscrimination provisions of Section 220 and230 of the New York State Labor Law as more expressly and in detail set forthin the contract form;

 

•                  has compliedwith the provisions of the aforesaid laws since their respective effectivedates; and

 

•                  will postnotices, to be furnished by the City, setting forth the requirements of theaforesaid laws in prominent and conspicuous places in each and every plant,factory, building and structure where employees engaged in the performance ofthe contract can readily review it, and will continue to keep such noticesposted until the supplies, materials and equipment, work, labor and servicesrequired to be furnished or rendered by the Contractor have been finallyaccepted by the City.

 

8.                                       This bidder has visited and examined thesite of the work and has carefully examined the site of the work and hasexamined the contract in the form approved by the Corporation Counsel, and willexecute the contract and perform all its items, covenants and conditions, andwill provide, furnish and deliver all work, material, supplies, tools andappliances for all labor and materials necessary or required for thehereinbefore named work, all in strict conformity with the contract, inaccordance with the schedule of prices annexed hereto.

 

9.                                       This bidder shall not utilize tropicalhardwoods as defined in Section 167-b of the State Finance Law in theperformance of this contract except as expressly permitted by the foregoingprovisions of law.

 

10.                                 This bidder, as an individual, as amember, partner, director, or officer of the bidder, if the same be a firm, partnership,or corporation, executes this document expressly warranting that he will complywith all provisions in the Agreement and in the Scope of Work / DetailedSpecifications with respect to the provision of records.

 

11.                                 The bidder has visited and examined thesite of the work, has carefully examined the Contract in the form approved bythe Corporation Counsel, and will execute the Contract and performs all itsitems, covenants, and conditions, and will provide, furnish and deliver all thework, materials, supplies, tools and appliances for all labor and materialsnecessary or required for the Contract work, all in strict conformity with theContract and in accordance with the following:

 

(a)                                                          For Contracts with individual bid items:

 

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(1)                                                          the **UNIT PRICE** set forth below for eachindividual bid item for which a unit price has been requested; and

 

(2)                                                          the **LUMP SUM BID PRICE** set forth below foreach individual bid item for which a lump sum price, but no unit price, hasbeen requested;

 

(b)                                                         For Contracts wherea single Lump Sum Amount has been requested without individual bid items, the **TOTAL BIDPRICE FOR ALL****CONTRACTWORK**.

 

Whenthe Contract work has been broken down into individual bid items, the **TOTAL BIDPRICE FOR-ALL CONTRACT WORK**is the sum of the Total Bid Amounts forthe individual bid items and will be used for bid evaluation purposes only. Itis not a lump sum amount to be paid for performing the Contract work.

 

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**New York City Department of Sanitation**

**Export of Municipal Solid Waste from the Boroughof Brooklyn**

 

**BID SHEET ANDSIGNATURE PAGE.**(WITH MANDATORY CHECKOFF ITEMS)

 

A.                                   Instructions for the completion of thebid sheet.

 

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*                                         The price entered adjacent to the PricePer Ton shall be the price that the Bidder will charge the City for the acceptanceand disposal of one (1) ton of municipal solid waste (“M.S.W.”).

 

**                                  The number of tons entered adjacent tothe Maximum Deliverable Tonnage of Municipal Solid Waste per Day shall be themaximum number of tons of M.S.W. that the Bidder will accept from the City onany day for disposal at the putrescible solid waste transfer station or solidwaste management facility designated in its bid at its bid price.

 

***                           The Bidder shall insert the name ofPutrescible Solid Waste Transfer Station or Solid Waste Management Facility atwhich the Bidder will accept M.S.W. from the City at its bid price.

 
| Price Per Ton*                                                                  |   | $                                     | 74.90  |   |   |
|---------------------------------------------------------------------------------|--------|---------------------------------------|--------|--------|--------|
| Maximum Deliverable  Tonnage of Municipal Solid Waste Per Day**                 |   | 500                                   | Tons   |   |
| Putrescible Solid Waste  Transfer Station or Solid Waste Management Facility*** |   | 577  Court Street  Brooklyn, NY 11231 |   |   |

 

B.                                     By signing this bid, the bidder agreesthat the Burma Provisions constitute material provisions of this Contract ý Yes   o No (Check one of these choices)

 

C .                                  By signing this bid, the bidder agreesthat the MacBride Provisions constitute material provisions of this Contract ý Yes   o No (Check one of these choices).

 
| Bidder:                                                                                                               |              | IESI NY  Corporation |   |
|-----------------------------------------------------------------------------------------------------------------------|-------------------|----------------------|--------|
| By:                                                                                                                   | Edward L.  Apuzzi |                 |
| (Signature of partner, corporate officer, or individual bidder)                                                       |              |
| Title:                                                                                                                | Vice  President   |                 |
| The affidavit on the following page must be subscribed and sworn to  before a Notary Public or Commissioner of Deeds. |              |
|                                                                                                                       |                   |                      |        |  |

 

For Corporations Only:

Attestation:
|   |      |   |   |                           |
|--------|-----------|--------|--------|--------------------------------|
| (      | Corporate | )      |   |                           |   |
| (      | Seal      | )      |   | Secretary of  Corporate Bidder |
|   |      |   |   |                           |

 

B-4

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**BIDDER AFFIDAVIT**

 
| STATE  OF  New Jersey                                             |                                       |   |
|-----------------------------------------------------------------------------|--------------------------------------------|--------|
|                                                                        |                                       |   |   |
|                                                                        |                                       | SS:    |   |   |
|                                                                        |                                       |   |   |
| COUNTY  OF  Hudson                                                |                                       |   |
|                                                                        |                                       |   |
|                                                                        | Edward L.  Apuzzi, being duly sworn, says: |
| *(Choose only one of the following three  options; check box and complete)* |                                       |   |
|                                                                             |                                            |        |  |  |  |

 

ý                                    CorporationBidder:

 

I am the VicePresident of the above named corporation whose name is subscribed to and whichexecuted the foregoing bid. I reside at 17 Harvest Drive, Plainsboro, NewJersey 08536

I haveknowledge of several matters stated in the bid, and they are in all respectstrue.

 

o                                    Partnershipor Joint Venture (Unincorporated Organization)

 

I am a memberof                                       ,the partnership or joint venture described in and which executed the foregoingbid. I subscribed the name of the partnership or joint venture on its behalf,and the several matters stated in the bid are in all respects true.

 

o                                    IndividualBidder:

 

I am theperson described in and who executed the foregoing bid and the several mattersstated in the bid are in all respects true.

 
|         |                                                              |
|--------------|-------------------------------------------------------------------|
|         | (Signature of the person w oed the bid)                           |   |
| Print Name:  | Edward L. Apuzzi                                                  |   |   |
| Print Title: | Vice President                                                    |   |   |
|         | Subscribed  and sworn to before me this 29th day of January, 2003 |
|         |                                                              |   |   |
|         | Notary  Public                                                    |   |
|              |                                                                   |  |  |  |  |  |  |

 

B-5

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**AFFIRMATION OFNON-DEBT (TAX AFFIRMATION)**

 

Theundersigned proposer or bidder affirms and declares that said proposer orbidder is  not in arrears to the City ofNew York upon debt, contract or taxes and is not a defaulter, as  surety or otherwise, upon obligation to theCity of New York, and has not been declared not responsible, or disqualified,by any agency of the City of New York, nor is there any proceeding pendingrelating to the responsibility or qualification of the proposer or bidder toreceive public contracts except: 

 

 

 
| Full name of  Proposer or Bidder      | IESI NY  Corporation                     |
|---------------------------------------|------------------------------------------|
| Address  2  Commerce Street |
| City   Bayonne         | State    New  Jersey | Zip  Code   07002 |
|                                       |                                          |  |  |

***CHECKONE BOX AND INCLUDE THE APPROPRIATE NUMBER:***

 

o                                    A- Individual or Sole Proprietorship(1)

SOCIALSECURITYNUMBER                                                        

 

o                                    B- Partnership, Joint Venture or other unincorporated organization

EMPLOYERIDENTIFICATIONNUMBER                                     

 

ý                                    C- Corporation

EMPLOYERIDENTIFICATION NUMBER      13-3960687

 
| By:    |                                                             |   |
|--------|------------------------------------------------------------------|--------|
|   | Signature                                                        |   |
|   |
|   | Vice  President                                                  |   |
|   | Title                                                            |   |
|   | If a  corporation place seal here.                               |
|   | Must be  signed by an officer or duly authorized representative. |
|        |                                                                  |        |  |

 

 

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(1)  Under the Federal Privacy Act the furnishing of Social SecurityNumbers by bidders on City contracts is voluntary. Failure to provide a SocialSecurity Number will not result in a bidder’s disqualification. Social SecurityNumbers will be used to identify bidders, proposers or vendors to ensure theircompliance with laws, to assist the City in enforcement of laws businesseswhich seek City contracts.

 

B-6

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**BID BOND FORMINSTRUCTIONS**

 

1.                                       Please examine Schedule A of the GeneralConditions to see if bid security if required.

 

2.                                       If bid security is required, and thebidder will use a bid bond from a surety to fulfill the bid securityrequirement, the bid bond form on the following pages shall be used.

 

3.                                       Each executed bid bond shall beaccompanied by:

 

A.                                                           Appropriate acknowledgment of therespective parties;

 

B.                                                             Appropriate duly certified copy of Powerof Attorney or other representative of Principal or Surety;

 

C.                                                             A duly certified extract from By-laws orResolution of Surety under which Power of Attorney or other certificate ofauthority of its agent, officer or representative was issued; and

 

D.                                                            A duly certified copy of the latestpublished financial statement of assets and liabilities of Surety.

 

4.                                       Affix Acknowledgments and Justificationof Sureties.

 

B-7

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FORM OF BID BOND

 

KNOW ALL MEN BY THESE PRESENTS.that we,                                                   hereinafter referred to as the “PRINCIPAL”, and                                                   hereinafter referred to as the “SURETY” are held and firmly bound to THE CITYOF NEW YORK, hereinafter referred to as the “CITY”, or to its successors andassigns, in the penal sum of                                                                                                                               ($                                                   ) Dollars, lawful money of the United States, for the payment of which said sumof money well and truly to be made, we, and each of us, bind ourselves, ourheirs, executors, administrators, successors and assigns, jointly andseverally, firmly by these presents.

 

**WHEREAS**, thePrincipal is about to submit (or has submitted) to the City the accompanyingproposal, hereby made a part hereof, to enter into a contract in writing for

 

 

 

**NOW, THEREFORE** the conditions of this obligation are such that if the Principal shallnot withdraw said Proposal without the consent of the City for a period offorty-five (45) days after the opening of bids and, in the event of acceptanceof the Principal’s Proposal by the City, if the Principal shall:

 

A.                                   Within ten (10) days after notificationby the City, execute in triplicate and deliver to the City all the executedcounterparts of the contract in the form set forth in the contract Documents,in accordance with the proposal as accepted, and

 

B.                                     Furnish a performance bond and separatepayment bond, as may be required by the City for the faithful performance andproper fulfillment of such Contract, which bonds shall be satisfactory in allrespects, and

 

C.                                     In all respects perform the agreementcreated by the acceptance of said Proposal as provided in the Instructions toBidders, bound herewith and hereby made a part hereof, or if the City shallreject the aforesaid Proposal, then this obligation shall be null and void;otherwise to remain in full force and effect.

 

Inthe event that the Proposal of the Principal shall be accepted and the Contractbe awarded to him the Surety hereunder agrees, subject only to the payment by thePrincipal of the premium therefore, if requested by the City, to write theaforementioned performance and payment bonds in the Contract Documents.

 

Itis expressly understood and agreed that the liability of the Surety for any andall claims hereunder shall in no event exceed the penal amount of thisobligation as herein stated.

 

Thereshall be no liability under this bond if in the event of the acceptance of thePrincipal’s Proposal by the City, either a performance bond or a payment bond,or both, shall not be required by the City on or before the 30th day after thedate on which the City signs the Contract.

 

B-8

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TheSurety, for value received, hereby stipulates and agrees that the obligationsof the Surety and its bond shall in no way be impaired or affected by anypostponements of the date upon which the City will receive or open bids, or byany extending of the time within which the City may accept the Principal’sProposal, or by any waiver by the City of any of the requirements of theInformation for Bidders; and the Surety hereby waives notice of any suchpostponements, extension, or waivers.

 

**IN WITNESS WHEREOF,**the Principaland the Surety have hereunto set their hands and seals and such of them as arecorporations have caused their corporate seals to be hereto affixed and thesepresents to be signed by their proper officers the                           dayof                ,             

 
| (Seal) |   | (L.S.)    |
|--------|--------|-----------|
|   |   | Principal |   |
|   | By:    |      |   |
|   |   |      |
| (Seal) |   | (L.S.)    |
|   |   | Surety    |   |
|   | By:    |      |   |
|   |   |      |   |
| (Seal) |   |      |
|   |   |      | (L.S.) |
|   |   | Surety    |   |
|   | By:    |      |   |

 

B-9

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**ACKNOWLEDGMENT OFPRINCIPAL IF A CORPORATION**

 
| State of                                        |   |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
| SS:                                                                                                                                                                                                                                      |   |
| County of                                                           |   |

 

On this       day of                          ,                     ,before me personally came                               to me known, who, being by me duly sworn, did depose and say that he resides at                                                               that he is the                                                 of                                            ,the corporation described as such in and which executed the foregoinginstrument that he knows the seal of said corporation; that one of the sealsaffixed to said instrument; is such seal; that it was so affixed by order ofthe directors of said corporation, and that he signed his name thereto by likeorder.

 
| Subscribed  and sworn to before me this                          day of               , |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                                                                                                                                                   |
|                                                                                                                                                                                                                                                                   |   |
| Notary  Public                                                                                                                                                                                                                                                         |

 

**ACKNOWLEDGMENT OF. PRINCIPAL IF APARTNERSHIP OR A JOINT VENTURE**

 
| State of                                       ) |   |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|                                                                                                                                                                                                                                      | ss:    |   |
| County of                                   )                        |   |
|                                                                                                                                                                                                                                           |        |  |

 

On this           day of                  ,             beforeme personally appeared                                   to me known and known to me to be one of the members of the partnership orjoint venture                         described as such in and who executed the foregoing instrument and heacknowledged to me that he executed the same as and for the act and deed ofsaid partnership or joint venture.

 
| Subscribed  and sworn to before me this                          day of               ,                 |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                                                                                                                                                                                                                                         |
|                                                                                                                                                                                                                                                                                                                                                         |   |
| Notary  Public                                                                                                                                                                                                                                                                                                                                               |

 

**ACKNOWLEDGMENT OF THE PRINCIPAL IFAN INDIVIDUAL**

 
| State of                                       ) |   |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|                                                                                                                                                                                                                                      | ss:    |   |
| County of                                   )                        |   |
|                                                                                                                                                                                                                                           |        |  |

 

On this           day of                  ,              before me personally appeared                                   to me known and known to me to be the person described in and who executed theforegoing instrument and he acknowledged that he executed the same.

 
| Subscribed  and sworn to before me this                           day of              ,                 |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                                                                                                                                                                                                                                              |
|                                                                                                                                                                                                                                                                                                                                                              |   |
| Notary  Public                                                                                                                                                                                                                                                                                                                                                    |

 

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**Export ofMunicipal Solid Waste From the Borough of Brooklyn**

 

 

**Module C****: DetailedSpecifications**

 

 

**Note****:**  In the event of a conflict between theSupply and Service Agreement (Module D), and Detailed Specifications (ModuleC), the terms and conditions of the Detailed Specifications shall govern**.**

 

----

 

**NYCDepartment of SanitationExport of Municipal Solid Waste From the Borough of BrooklynDetailed Specifications**

 

 

**TABLE OF CONTENTS**

 
| I.                                    DESCRIPTION  OF THE PROJECT, AND THE NEW YORK CITY DEPARTMENT OF SANITATION’S OPERATIONS |           |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------|
|                                                                                                                                                                                                                                                                                                               | 1.1            | Introduction |   |
|                                                                                                                                                                                                                                                                                                               | 1.2            | Definitions |   |
|                                                                                                                                                                                                                                                                                                               | 1.3            | Description of DSNY’s Operations |   |
| II.                                DETAILS FOR BIDDERS                                                                                                  |           |
|                                                                                                                                                                                                                                                                                                               | 2.1            | Bidder Qualifications and Experience |   |
|                                                                                                                                                                                                                                                                                                               | 2.2            | Contract  Term |   |
|                                                                                                                                                                                                                                                                                                               | 2.3            | Contract  Award |   |
| III.                            DESCRIPTION  OF MSW PROCESSING                                                                                                              |           |
|                                                                                                                                                                                                                                                                                                               | 3.1            | General Description |   |
|                                                                                                                                                                                                                                                                                                               | 3.2            | Transfer Station and Solid Waste Management  Facility Operations . |   |
|                                                                                                                                                                                                                                                                                                               | 3.3            | Weigh Scales and the Weighing of MSW at a  Transfer Station |   |
|                                                                                                                                                                                                                                                                                                               | 3.4            | Disposal Facility Operations |   |
|                                                                                                                                                                                                                                                                                                               | 3.5            | Transporting MSW to a Disposal Facility |   |
|                                                                                                                                                                                                                                                                                                               | 3.6            | General Operations Requirements |   |
| IV.                            ITEMS TO  BE SUBMITTED BY BIDDERS                                                                                                            |           |
|                                                                                                                                                                                                                                                                                                               | 4.1            | The  Bid Package |   |
|                                                                                                                                                                                                                                                                                                               | 4.2            | Bid Support Materials |   |
|                                                                                                                                                                                                                                                                                                               | 4.3            | Items to be Submitted after Receipt of  Notice of Award |   |
|                                                                                                                                                                                                                                                                                                               | 4.4            | Changes After Contract Award |   |
| V.                                PAYMENT INFORMATION                                                                                                   |           |
|                                                                                                                                                                                                                                                                                                               | 5.1            | Payment |   |
|                                                                                                                                                                                                                                                                                                               | 5.2            | Liquidated Damages |   |
|                                                                                                                                                                                                                                                                                                               | Exhibit I | Maps Showing a Radius of 50  Miles From the Egress Points Designated by the  City of New York |   |
|                                                                                                                                                                                                                                                                                                               | Exhibit 2 | DSNY’s Transportation Model |   |
|                                                                                                                                                                                                                                                                                                               | Exhibit 3 | DSNY’s Collection Vehicle Dimensions |   |
|                                                                                                                                                                                                                                                                                                               | Exhibit 4 | Tables and Charts Showing the Variations in Tonnage Delivered to the  Private Transfer Stations During Fiscal Year 2002. |   |
|                                                                                                                                                                                                                                                                                                               | Exhibit 5 | Delivery Data |   |
|                                                                                                                                                                                                                                                                                                               | Exhibit 6 | Delivery Receipt |   |
|                                                                                                                                                                                                                                                                                                               | Exhibit 7 | Contractor’s invoice |   |
|                                                                                                                                                                                                                                                                                                                    |                |  |  |  |

 

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**I.****                                        ****DESCRIPTION OF THE PROJECT, AND THE NEW YORK CITY DEPARTMENTOF SANITATION’S OPERATIONS**

 

**1.1****                              ****Introduction**

 

The New York City Department of Sanitation (“**DSNY**”)is seeking to award one or more contracts to qualified firms (“**Contractors**”)who shall provide all of the labor, materials, equipment, transport,facilities, and resources necessary and required to accept, process, transport,and dispose of a minimum of 100 tons per day (“**TPD**”) of municipal solidwaste (“**MSW**”)collected by DSNY and its authorized representatives in the borough ofBrooklyn.  DSNY anticipates awardingmore than one contract under this solicitation.

 

The qualified Contractors shall:

 

own, operate, or have an agreement with theowner and the operator to use: (a) a putrescible solid waste transfer station (“**TransferStation**”) located within the borough of the City of New York (the “**City**”)within which the MSW is collected; or (b) a solid waste managementfacility (“**Solid Waste Management Facility**”) located outside of the City,no more than 50 miles from the egress points from the City designated in **Exhibit 1**,which will accept MSW collected by DSNY or its authorized representatives inBrooklyn; and

 

accept, process, transport, and dispose of theMSW at permitted, licensed or otherwise authorized disposal facilities (“**DisposalFacilities**”) which are located outside of the City which are eitherowned and operated by the bidder, or have an agreement between the owner andthe operator, and the bidder for use of the Disposal Facility.

 

Any agreement between the bidder and the owner andthe operator of a Transfer Station or Solid Waste Management Facility, orDisposal Facility shall be for the term of the contract that DSNY may award tothe bidder(s) under this solicitation and any extensions thereof.  A Transfer Station located within the Cityshall have all of the permits required by the State of New York and the City,and one located outside of the City shall have all of the permits, licenses andauthorizations (“**Permits and Authorizations**”) required by the state andlocality within which it is located. All permits and or authorizations shall be valid as of the bid openingdate.

 

A Contractor may own or operate the TransferStation, the Solid Waste Management Facility, a Disposal Facility or an MSWtransporter, or it may perform one of these functions and subcontract theothers.  The Contract(s) to be awardedwill be for a term of three years with an option to extend the Contract, atDSNY’s discretion, for two additional terms of up to one year each.

 

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Besides meeting all of the requirements set forth inthe Detailed Specifications, each Transfer Station, Solid Waste ManagementFacility and Disposal Facility shall comply with all of the applicable federal,state and local laws, rules, and regulations concerning Transfer Stations,Solid Waste Management Facilities, and Disposal Facilities.  Each transporter of MSW shall comply withall of the applicable federal, state and local laws, rules and regulationsgoverning the transport of MSW.

 

Each bidder may submit more than one bid in responseto this solicitation.  However, in eachbid submitted the bidder shall submit only one bid for each Transfer Station orSolid Waste Management Facility that it designates for the acceptance of MSW ineach bid submitted in response to this solicitation.  DSNY will reject as non-responsive all bids other than the bidsetting forth the lowest Price per Ton submitted by a bidder designating thesame Transfer Station or Solid Waste Management Facility for the acceptance ofMSW.

 

**1.2****                              ****Definitions**

 

When used in the Detailed Specifications thecapitalized terms set forth hereinafter shall have the following meaning:

 

1.2.1                                                **City**shall mean the City of New York.

 

1.2.2                                                **City Holiday** shall mean New Year’s Day; Lincoln’s Birthday;President’s Day, Memorial Day; Independence Day; Labor Day; Columbus Day;Election Day; Veteran’s Day; Thanksgiving Day, and Christmas Day.  Whenever two City Holidays occur during thesame week, DSNY may, at its discretion, engage in collection operations on theday of the second City Holiday (e.g., when Election Day and Veteran’s Day occurduring the same week, DSNY may engage in collection operations on Veteran’sDay).

 

1.2.3                                                **CEQR** shall mean the City of New York Environmental Quality Review asamended.

 

1.2.4                                                **Collection Vehicle** shall mean a vehicle used by DSNY or its authorizedrepresentatives to collect MSW.

 

1.2.5                                                **Container** shall mean a container in which MSW will betransported by barge, rail car, or truck from a Transfer Station or Solid WasteManagement Facility to a Disposal Facility.

 

1.2.6                                                **Contract** shall mean the contract awarded by DSNY to theContractor pursuant to this Invitation for Bids.

 

1.2.7                                                **Contractor** shall mean the qualified responsive and responsiblebidder to which the Contract is awarded.

 

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1.2.8                                                **Delivery Information** shall mean all of the information about a delivery ofMSW to a Transfer Station or Solid Waste Management Facility required to beincluded on a Delivery Receipt.

 

1.2.9                                                **Delivery Receipt** shall mean DSNY Forms DS66 and DS66A, the documentson which all of the information about the delivery of a load of MSW by aCollection Vehicle to a Transfer Station or Solid Waste Management Facility isrecorded.

 

1.2.10                                          **Disposal Facility** shall mean a facility to which the bidder transportsthe putrescible solid waste received at a Transfer Station or Solid WasteManagement Facility for final disposal.

 

1.2.11                                          **Exhibit **shall mean an Exhibit to the DetailedSpecifications

 

1.2.12                                          **Fiscal Year** shall mean the time period from July 1st throughJune 30th of the following year, for example, Fiscal Year 2002 covers thetime period from July 1st 2001 through June 30th 2002.

 

1.2.13                                          **Host Community Agreement** shall mean an agreement between the owner andoperator of a Disposal Facility and a state or locality authorizing theDisposal Facility to operate and accept MSW regardless of origin.

 

1.2.14                                          **Letter of Intent** shall mean a letter from the owner and the operatorof a Transfer Station, a Solid Waste Management Facility, a Disposal Facility,or a transporter to the bidder expressing both the owner’s and the operator’scommitment to the bidder with respect to the handling of MSW which shall:

 

a.                                                               Expressly state that the owner andoperator will accept MSW, or transport it from the City;

 

b.                                                              Include all of the conditions andrestrictions which may be imposed upon the acceptance or transport of MSW fromthe City either by the owner and the operator, or by any regulatory agency orauthority which has jurisdiction over the Transfer Station, Solid WasteManagement Facility, Disposal Facility, or the transporter;

 

c.                                                               State the daily tonnage of MSW that theowner and the operator anticipate accepting during the term of the Contract andany extensions thereof;

 

d.                                                              Identify all of the regulatory agenciesand authorities to which the Transfer Station, Solid Waste Management Facility,Disposal Facility, or the transporter is subject; and

 

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e.                                                               Identify the specific language in itsPermits and Authorizations and, if applicable, Host Community Agreement whichauthorizes the owner and the operator to accept MSW from the City.

 

1.2.15                                          **MSW** shall mean municipal solid waste.

 

1.2.16                                          **DSNY** shall mean the New York City Department of Sanitation.

 

1.2.17                                          **Operations Plan** shall mean a plan which describes in detail how thebidder will manage each shipment of MSW.

 

1.2.18                                          **Order to Commence Work** shall mean the document that DSNY sends to aContractor directing it to commence work under the Contract.

 

1.2.19                                          **Permits and Authorizations** shall mean all of the permits, licenses and otherauthorizations required from any federal, state or local government, agency orauthority as a condition for the operation of a Transfer Station, Solid WasteManagement Facility or Disposal Facility, or for the transport of MSW.

 

1.2.20                                          **PPB** shall mean the New York City Procurement Policy Board.

 

1.2.21                                          **Price per Ton** shall mean the amount that DSNY will pay theContractor for the acceptance, processing, transport, and disposal of each tonof MSW delivered by a Collection Vehicle to the Contractor’s Transfer Stationor Solid Waste Management Facility.

 

1.2.22                                          **Recyclables** shall mean certain recyclable materials including butnot limited to paper, corrugated cardboard, and metal containers that aredesignated for collection by the DSNY under a separate program pursuant to theprovisions of the New York City Administrative Code as amended.

 

1.2.23                                          **Section **shall mean a section of the DetailedSpecifications, unless the context in which the term “Section” is used clearlyidentifies a different document.

 

1.2.24                                          **SEQR** shall mean the State of New York Environmental Quality Review Act asamended.

 

1.2.25                                          **Solid Waste Management Facility** shall mean a solid waste managementfacility located outside of the City of New York, no more than 50 miles fromthe egress points from the City designated in **Exhibit 1**, at whichputrescible solid waste is received either for the purpose of subsequenttransfer to another location for final disposal, or for final disposal.  A Solid Waste Management Facility whichaccepts MSW for final disposal shall not transfer the MSW to another locationfor final disposal in the absence of an Act of God.

 

1.2.26                                          **TPD** shall mean tons per day.

 

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1.2.27                                          **Transfer Station** shall mean a solid waste management facility at whichputrescible solid waste is received for the purpose of subsequent transfer toanother location for final disposal.

 

1.2.28                                          **Transportation Model** shall mean DSNY’s transportation cost model, asummary of which is attached to the Detailed Specifications as **Exhibit 2**.

 

1.2.29                                          **USEPA** shall mean the United States Environmental Protection Agency.

 

1.2.30                                          **Weigh Scale** shall mean a scale located at a Transfer Station, ora Solid Waste Management Facility.

 

1.2.31                                          **Weigh Scale Computer** shall mean a computer that obtains weight readingsdirectly from a Weigh Scale, and is linked electronically to both the WeighScale and the DSNY’s mainframe computer.

 

1.2.32                                          **Weigh Scale Malfunction** shall mean that a Weigh Scale or a Weigh ScaleComputer does not operate in accordance with its specifications, or otherwisefails to operate in accordance with the requirements of this Contract.

 

**1.3****                              ****Description of DSNY Operations**.  Thefollowing information is for illustrative purposes only.  The actual deliveries of MSW to a TransferStation or Solid Waste Management Facility may vary from these quantities andfrequencies.

 

1.3.1                                                **Citywide Operations**.  DSNYcollects refuse from residences, other City Agencies, and certainnot-for-profit institutional facilities throughout the City, which, foradministrative purposes, DSNY subdivides into 59 districts.  Eighteen of these districts are in theborough of Brooklyn.  During Fiscal Year2002 DSNY collected from the 18 Brooklyn districts approximately 4,000 TPD.

 

Cleaning and collection operations generally occuron an eight hour day, two worker shift. The operation takes place six days per week, two or three times percollection site, depending upon the location. For each shift, there are one or more loads of MSW per vehicle.  Generally, DSNY does not engage in cleaningand collection operations on Sundays and City Holidays.  From the second Monday in April untilthe conclusion of the second Saturday in November, this shift begins at 6a.m.  During the rest of the year thisshift begins at 7 a.m.; at that time DSNY spreads collection operations overthree eight hour shifts in order to maintain personnel coverage around theclock in the event of an Act of God such as a hurricane or snow emergency whichcauses it to abandon its collection operations.

 

DSNY or its authorized representatives collect thisMSW in four types of vehicles: packer trucks, front-loading collection trucks,hoist-fitted chassis vehicles, and roll-on, roll-off container vehicles.  Packer trucks are rearloading having one ormore

 

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compartments which are primarily used for wastecollected from garbage cans and bags placed at curbside.  Frontloading collection trucks havemechanical arms to lift and unload bins into the top of the vehicle, and hoist-filledchassis vehicles have a hoist and unloading mechanism mounted on the frame forthe unloading of the bins.  Roll-on,roll-off container vehicles carry 10 to 40 cubic yard containers that aredumped mechanically.  During Fiscal Year2002 the Department had a total of approximately 1,700 Collection Vehiclesdedicated to collection operations (exclusive of the Department’s recyclingoperations).  A chart that provides thedimensions of DSNY’s Collection Vehicles is attached as **Exhibit 3**.

 

Each Collection Vehicle delivers its load toprivately owned putrescible Solid Waste Management Facilities located inBrooklyn, Bronx, Queens, Long Island and New Jersey.  Currently, approximately 60% of the daily loads are dumped duringthe eight hour collection shift, and 40% of the loads are relayed to thedumping location by a single Sanitation Worker on a subsequent shift.  The factors determining whether a load isdumped on a shift include the distance from the route to the dump location, andthe time available to dump a truck on shift.

 

1.3.2                                                **Brooklyn Operations**.  DSNY and itsauthorized representatives currently deliver approximately 4,000 tons per dayof MSW to privately owned putrescible transfer facilities.  Attached as **Exhibit 4** are the tablesand charts showing the variations in tonnage in Department collected MSWdelivered to the private transfer stations during Fiscal Year 2002.  At present, the private transfer facilitiesare open to receive deliveries of MSW during three shifts, i.e., 24 hours aday, Monday through Saturdays.  Thetransfer facilities are closed on Sundays, and on City Holidays observed byDSNY.

 

**II.**                                     DETAILS FORBIDDERS

 

**2.1****.****                           ****Bidder Qualifications and Experience.**

 

2.1.1                                                **Operating Authorizations.**

 

2.1.1.1                                       As of the bid opening date, the TransferStation or Solid Waste Management Facility shall have received all of thePermits and Authorizations required to accept MSW collected by DSNY and itsauthorized representatives.

 

2.1.1.2                                       Disposal Facilities shall have all of thePermits and Authorizations, and a Host Community Agreement, if such anagreement is required, or such other authorizations as may be required toaccept MSW from the City as of the bid opening date.

 

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2.1.1.3                                       The bidder shall obtain all of the Permitsand Authorizations required for the modes of transport for the MSW by the dateset forth for the commencement of the Contract in DSNY’s Order to CommenceWork.

 

2.1.2                                                **Bidder’s Experience**.  At aminimum, each bidder, or a principal of the bidder shall have three years ofexperience in the acceptance, processing, transportation, or disposal ofMSW.  The bidder, a principal of thebidder, or a subcontractor shall also have not less than three years ofexperience in the mode of transportation (i.e., barge, rail, or truck) whichthe bidder plans to use for transporting MSW to Disposal Facilities.  As used in this Section, the term “principalof the bidder” shall mean a person who owns 10% or more of the stock of thebidder, or who serves as a full time officer of the bidder with an agreement ofemployment that has a period of duration of at least one year from the date of,the bid opening.  If the bidder is ajoint venture or partnership, then the experience of the joint venture orpartnership may be determined by ascertaining whether either of the constituententities or a partner satisfies this requirement, or if any principal of suchconstituent entities satisfies this requirement.

 

2.1.3                                                **Fitness and Integrity**.  Each bidder,each subcontractor, and all of their affiliates, as defined in the Mayor’sOffice of Contracts “Vendors Guide to VENDEX” (attachment “F” Module), shallmeet all of the standards with respect to responsibility, fitness and integrityset forth in the PPB Rules, and those which may be established by the New YorkCity Business Integrity Commission and the New York City Department ofInvestigation.

 

**2.2****                              ****Contract Term**.  AllContracts awarded pursuant to this solicitation shall be for a term of threeyears commencing on the date set forth in DSNY’s Order to Commence Work.  DSNY, at its sole option and discretion, mayextend a Contract for two additional terms of up to one year each.  All of the terms and conditions of theContract shall apply throughout any and all extensions.  If DSNY decides to exercise its option toextend the Contract, DSNY will notify each Contractor of its decision not lessthan 30 days prior to the expiration date of the Contract.

 

**2.3****                              ****Contract Award**.

 

2.3.1                                                **Appropriation of Funds**.  If funds arenot appropriated, or otherwise made available to support the continuation ofservices under this Contract in any fiscal period after the initial fiscalperiod, DSNY will either terminate the Contract, or continue it at a reducedfunding level, and level of services. Such action will not affect the rights of DSNY, the City, or theContractor under any termination clause in the Contract.

 

2.3.2                                                **Annual Adjustment to a Contract**. On the first anniversary of DSNY Order to Commence Work, DSNY willincrease the Price per Ton by 2%.  Oneach

 

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subsequent anniversary, DSNY will increase the Price per Ton by 2% notcompounded.

 

2.3.3                                                **Least Total Cost**.  To ensurethat DSNY chooses the responsive and responsible bidder or bidders who offerthe services sought through this solicitation at the least cost to the City,for allocation purposes DSNY will adjust the prices of all bids by DSNY’s costof transporting the MSW to the Transfer Station or Solid Waste ManagementFacility as determined by DSNY’s Transportation Model which is described in **Exhibit 2**.  The Transportation Model takes into accountfactors such as the distance a Collection Vehicle will travel to the TransferStation or Solid Waste Management Facility to deliver MSW, personnel costs, CollectionVehicle operating costs, the weight of MSW per Collection Vehicle, relayrequirements, and tolls.

 

2.3.4                                                **Transfer Station and Solid Waste Management Facility Capacity**. DSNY reserves the right to inspect each Transfer Station and Solid WasteManagement Facility to verify that the Transfer Station or Solid WasteManagement Facility is able to accept, process, transport, and dispose of thetonnage of MSW bid.  DSNY, in its solediscretion, reserves the right to reduce the tonnage that will be awarded tothe bidder to an amount the DSNY reasonably believes that the Transfer Stationor Solid Waste Management Facility will be able to manage, even if that tonnageis less than the amount bid by the bidder.

 

2.3.5                                                **Disposal Facility Capacity**.  DSNYreserves the right to inspect each Disposal Facility to verify that eachfacility is able to accept, process, and dispose of the tonnage of MSW that theDisposal Facility is designated to receive by the bidder in its bid.  DSNY, in its sole discretion, reserves the rightto reduce the tonnage that will be awarded to the bidder to an amount the DSNYreasonably believes that the Disposal Facilities designated in the bid will beable to manage, even if that tonnage is less than the amount bid by the bidder.

 

2.3.6                                                **Environmental Review**.  Inaccordance with the CEQR and SEQRA process, (if applicable) DSNY will conductan environmental review of the transport of MSW to and from the TransferStations and Solid Waste Management Facilities that the apparent responsive andresponsible low bidder(s) have identified in its (their) bid(s).  The purpose of this review is to determinewhether the acceptance of MSW by the Transfer Station or Solid Waste ManagementFacility may have a potentially significant adverse impact on the environment.  If an environmental review finds that anaward of the tonnage bid by any bidder may have an adverse environmentalimpact, DSNY, in its sole discretion, reserves the right to reduce the tonnagethat will be awarded to

 

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the bidder in order to avoid or mitigate such adverse impact on theenvironment.

 

2.3.7                                                **Multiple Awards**.  An award tomore than one bidder may be necessary to obtain the total capacity of therequired services.  The lowest cost responsiveand responsible bidder shall be the bidder whose bid price, after theadjustments described in Sections 2.3.3 through 2.3.6, represents the lowestcost per ton to the City for disposal of MSW. If the Transfer Station or Solid Waste Management Facility is determinedafter the adjustments described above to be the lowest cost responsive andresponsible bidder for all or part of its maximum Deliverable Tonnage of MSWper Day and such tonnage is less than the daily TPD of MSW that DSNY maydeliver pursuant to this solicitation, then DSNY will award Contracts to morethan one bidder to achieve the capacity necessary to meet the City’s wastedisposal needs under this solicitation. If DSNY awards multiple Contracts, DSNY will allocate the differencebetween the Transfer Station or Solid Waste Management Facility capacity of thelowest cost responsive and responsible bidder and DSNY’s disposal needs in theoverall best interest of the city as follows:

 

The next Contract will be awarded, to the next lowest cost responsiveand responsible bidder for all or part of its maximum Deliverable Tonnage ofMSW per Day whose bid price represents the next lowest cost per ton to the Cityfor disposal of MSW.  This process willcontinue with a Contract award to each successive lowest cost responsive andresponsible bidder until DSNY has allocated all of the MSW for which bids aresought pursuant to this solicitation.

 

**III.**                                 DESCRIPTION OFMSW PROCESSING

 

**3.1****                              ****General Description.**  Thissolicitation seeks the services of one or more Contractors who (a) own,operate, or have an agreement with the owner and the operator for the use of aTransfer Station located in the City within the borough in which the MSW iscollected, or a Solid Waste Management Facility located outside of the City, nomore than 50 miles from the egress points from the City designated in **Exhibit 1**,which will accept MSW collected by DSNY and its authorized representatives; and(b) will accept, process, transport, and dispose of the MSW at permittedand authorized Disposal Facilities located outside of the City in accordancewith all applicable federal, state and local laws, rules and regulations andthe requirements of the Detailed Specifications for the term of the Contractand any extensions thereof.

 

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**3.2****                              ****Transfer Station and Solid Waste Management FacilityOperations**

 

3.2.1                                                **Transfer Station and Solid Waste Management FacilityRequirements**.  Each Transfer Station and Solid WasteManagement Facility shall meet the requirements set forth hereinafter duringthe term of the Contract and any extensions thereof:

 

3.2.1.1                                       Accept a minimum of 100 TPD of MSWcollected by DSNY and its authorized representatives in the borough ofBrooklyn;

 

3.2.1.2                                       As of the bid opening date, the TransferStation or Solid Waste Management Facility shall have received all of thePermits and Authorizations required by the state and locality in which theTransfer Station or Solid Waste Management Facility is located to accept theamount of MSW bid.

 

3.2.1.3                                       If not owned by the bidder, be thesubject of an agreement between the owner and the operator, and the bidder thatallows the bidder to use the Transfer Station or Solid Waste ManagementFacility for the acceptance of MSW collected by DSNY and its authorizedrepresentatives for the term of the Contract and any extensions thereof; and

 

3.2.1.4                                       Operate in compliance with all federal,state and local laws, rules and regulations to which it is subject.

 

3.2.2                                                **Loads To Be Processed Per Hour**.  The TransferStation or Solid Waste Management Facility shall process a minimum number ofCollection Vehicles per hour according to the following table.

 
| **Tonnage Amount Bid**      |   | **Minimum  Number of  Collection Vehicles** |   |
|-----------------------------|--------|---------------------------------------------|--------|
| 100 to 1,000 tons per day   |   | 10 trucks per hour                          |   |
| 1,001 to 2,000 tons per day |   | 15 trucks per hour                          |   |
| 2,001 to 3,000 tons per day |   | 20 trucks per hour                          |   |
| Over 3,000 tons per day     |   | 25 trucks per hour                          |   |

 

As used in this Section, and in the DetailedSpecifications, the term “**Processing a Collection Vehicle**” shall meanweighing it in, unloading its contents, weighing it out, recording all computerdata, and processing all required documentation.

 

At all times prior to the award of a Contract, DSNYhas the right to verify that the Transfer Station or Solid Waste ManagementFacility is able to accept and manage the tonnage bid, and to reduce the amountto be awarded to any bidder to the amount that DSNY determines, in itsdiscretion, that the Transfer Station or Solid Waste Management Facility isable to accept and manage.  After theaward of a Contract, DSNY has the right at any time without notice to inspectthe Transfer Station or Solid Waste Management

 

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Facility and verify that the facility continues tobe able to accept and manage the tonnage that was awarded to the Contractor,and DSNY may reduce the TPD of MSW delivered to the amount that DSNY reasonablybelieves that the Transfer Station or Solid Waste Management Facility is ableto accept and manage.  In the event ofsuch a reduction, the Contractor shall be liable to DSNY for all costs relatedto the delivery of MSW to an alternative Transfer Station or Solid WasteManagement Facility including but not limited to the difference in the Priceper Ton, and DSNY’s personnel and transportation costs.

 

3.2.4                                                **MSW Quantities Delivered to Transfer Stations and Solid WasteManagement Facilities**.  During the term of theContract, DSNY estimates that it may deliver a minimum of approximately 100 TPDof MSW to the Transfer Station or Solid Waste Management Facility designated bya bidder, depending upon the amount awarded in the Contract, which will need tobe transported to and disposed of at a Disposal Facility located outside of theCity.  The tonnage set forth in theDetailed Specifications is an approximate quantity, and is used solely toprovide a uniform basis for the comparison of the bids.  It is not to be considered as part of theContract.

 

3.2.4.1                                       It is expressly understood that DSNYmakes no representations or guarantees with respect to the tonnage andcomposition of MSW to ‘be delivered to any Transfer Station or Solid WasteManagement Facility either on a daily basis, or an annual basis.

 

3.2.4.2                                       DSNY and its authorized representativesmay deliver MSW on any calendar day, 24 hours per day, to the Transfer Stationor Solid Waste Management Facility.  TheContractor shall accept all of the MSW delivered to it by DSNY and itsauthorized representatives for disposal. DSNY may, at its sole discretion, waive this provision if there is noadverse operational impact, and DSNY and the Contractor agree on a day-to-dayoperating schedule for the Transfer Station or Solid Waste ManagementFacility of less than 24 hours per day.

 

3.2.4.3                                       The actual tonnage delivered to aTransfer Station or Solid Waste Management Facility on any given day willvary.  Peak tonnages, exceeding thedaily average tonnages allocated to the Transfer Station or Solid WasteManagement Facility by as much as 50% to 75%, can be expected to occur oncertain days during Holidays weeks, during weeks following snow storms or otherweather events, and on other occasions when regular DSNY collection isdisrupted or altered for any reason. Regardless the tonnage amount of its contract award, a Transfer Stationor Solid Waste Management Facility must accept all the MSW that DSNY delivers,including peak tonnages, unless the tonnage of MSW

 

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that DSNY delivers exceeds the permitted capacity ofthe Transfer Station or Solid Waste Management Facility.

 

3.2.4.4                                       DSNY and its authorized representativesare not required to deliver any MSW to a Transfer Station or Solid WasteManagement Facility on any given day, or at any time during the term of this Contractor any extensions thereof.  In its solediscretion, DSNY’s may cease delivery of MSW, at any time, for any reason,without prior notice.  If DSNY and itsauthorized representatives do not make any deliveries of MSW for at least 10consecutive calendar days, the Contractor has no obligation to accept anyfurther deliveries MSW unless and until DSNY provides the Contractor with onecalendar day’s notice that DSNY and/or its authorized representatives willresume delivery of MSW.

 

3.2.4.5                                       Notwithstanding the provisions ofSection 3.2.4.4, from 12 hours following the Contractor’s receipt ofnotice from DSNY an Act of God that results in DSNY’s abandonment of itscollection operations to address the condition created by such Act of Godincluding but not limited to a weather emergency such as a snow emergency or ahurricane until the earlier of: (a) 30 days after the cessation of the Actof God, or (b) the date identified in DSNY’s notice to the Contractor asthe date upon which such deliveries pursuant to such Act of God (any suchdelivery, an “**Act of God Delivery**”) may cease the DSNY may deliver and theTransfer Station or Solid Waste Management Facility shall accept an Act of GodDelivery on any calendar day, 24 hours per day, including Sundays and City Holidays.DSNY may, at its sole discretion, waive this provision if there is no adverseoperational impact.

 

3.2.4.6                                       A change in the amount of MSW deliveredto any Transfer Station or Solid Waste Management Facility shall not change thePrice per Ton that DSNY shall pay the Contractor.

 

3.2.5                                                **Transfer Station and Solid Waste Management Facility TestingPeriod**.  During a 30 day period preceding fulloperation, DSNY reserves the right without penalty to phase-in its deliveriesby delivering quantities of MSW that are less than the tonnage awarded to theContractor.  In DSNY’s sole discretion,it may extend this testing period for up to an additional 30 days.

 

3.2.6                                                **Title to MSW**.  Title to,and risk of loss of MSW shall pass to the Contractor upon its acceptance of theMSW.  Acceptance of MSW shall be deemedto occur when the MSW is dumped on the Contractor’s Transfer Station’s or SolidWaste Management Facility’s tipping floor by a Collection Vehicle.

 

3.2.7                                                **Queuing, Delay, and Rejection of Loads**. Except as otherwise required by law, or as provided inSection 3.2.8, no Contractor may reject any delivery of

 

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MSW by a Collection Vehicle.  Ifany of the conditions described hereinafter are present following the arrivalof a Collection Vehicle at a Transfer Station or Solid Waste ManagementFacility, DSNY may choose to divert the MSW to another Transfer Station orSolid Waste Management Facility and the Contractor shall be liable to DSNY forthe difference between DSNY’s cost of delivering the MSW to the Contractor’sTransfer Station or Solid Waste Management Facility and all costs related todelivery of the MSW to an alternative Transfer Station or Solid WasteManagement Facility including but not limited to the difference in Price perTon, and DSNY’s personnel and transportation costs:

 

3.2.7.1                                       The Transfer Station or Solid WasteManagement Facility is closed at the time of the arrival of a CollectionVehicle;

 

3.2.7.2                                       The Contractor refuses to permit anarriving Collection Vehicle to unload any portion of its contents at theTransfer Station, or Solid Waste Management Facility except as provided inSection 3.2.8;

 

3.2.7.3                                       DSNY receives a request from theContractor to divert any delivery to another Transfer Station or Solid WasteManagement Facility;

 

3.2.7.4                                       In the reasonable belief of DSNY, aprocessing delay or excessive queuing of Collection Vehicles occurs; or

 

3.2.7.5                                       The Contractor allows other customersthat arrive after a Collection Vehicle to unload before the Collection Vehicleis allowed to unload.

 

3.2.8                                                **Inadvertent Delivery of Recyclables**. Notwithstanding anything to the contrary contained in the DetailedSpecifications, no Contractor shall accept a delivery of a load of Recyclablesfrom a Collection Vehicle.  In theunlikely event that such a mistaken delivery occurs, the Contractor shallpermit the Collection Vehicle to pass over the Weigh Scale without off-loadingsuch Recyclables.  Unless the CollectionVehicle off loads the Recyclables on the tipping floor, in no event shall DSNYpay for, or be responsible for the payment for the delivery of any Recyclables.

 

3.2.9                                                **Voided Loads**.  If for anyreason (including the inadvertent delivery of Recyclables) a Collection Vehiclepasses over the Weigh Scale without off-loading its contents, the Contractorshall ensure that the load is voided, and DSNY shall incur no charge for thevoided load.  The Contractor shall beresponsible for providing Delivery Receipts for voided loads in accordance withSection 3.3.6.

 

3.2.10                                          **Load Inspection**.  DSNYreserves the right to divert a Collection Vehicle from the Transfer Station orSolid Waste Management Facility tipping floor to

 

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another part of the Transfer Station or Solid Waste Management Facilityto allow the inspection of the contents of the Collection Vehicle by anindividual or individuals accompanied by an authorized DSNY employee, or by aCity police officer for the purpose of locating lost or stolen items, or forany other reason related to an ongoing police investigation.

 

3.2.11                                          **Transfer Station and Solid Waste Management Facility SafetyRequirements**.  In addition to all requirements establishedby law, the Contractor shall:

 

3.2.11.1                                 Maintain safe travel conditions on allTransfer Station or Solid Waste Management Facility roads and rights of way onwhich Collection Vehicles may be expected to travel.  The conditions on all such roads and rights of way at a minimumshall include but are not limited to: (a) adequately paved surfaces;(b) suitable lighting of such roads and rights of way from dusk untildawn, and during inclement weather, and (c) immediate removal andclearance of all hazards including but not limited to ice, snow, oil, dirt, andstanding water from the roads and rights of way;

 

3.2.11.2                                 Provide sufficient personnel to directeach and every Collection Vehicle entering the Transfer Station or Solid WasteManagement Facility.  Such personnelshall assist Collection Vehicle drivers in safe backing and turning maneuvers,and shall direct and control traffic to ensure that Collection Vehicles maysafely enter and exit the Transfer Station or Solid Waste Management Facility;

 

3.2.11.3                                 Post and maintain suitable trafficcontrol signs including but not limited to stop, yield, and speed limit signs;

 

3.2.11.4                                 Be responsible for ensuring that theContractor, its employees, agents, subcontractors, and representatives, shallnot operate any Collection Vehicles or any other DSNY equipment during the termof the Contract and any extensions thereof.

 

3.2.12                                          **Observed Transfer Station and Solid Waste Management FacilityDeficiencies**.  DSNY reserves the right to inspect eachTransfer Station or Solid Waste Management Facility at any time without noticeto the Contractor for compliance with operational and safety requirements.  If a Contractor receives a notice of aviolation of any provision of Section 3.2 from DSNY, and fails to remedyany deficiency identified in the notice within five working days from the dateof such notice, DSNY may, at its discretion, terminate the Contract fordefault.

 

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3.2.13                                          **Closure of a Transfer Station or Solid Waste ManagementFacility**.  Notwithstanding anything to the contrarycontained in Article 11, Section 11.12 of the Supply and ServiceAgreement (Module D), the Contractor shall have no right to apply to DSNY fortermination of its Contract if the Transfer Station or Solid Waste ManagementFacility is closed for any length of time for any reason.  If a Transfer Station or Solid WasteManagement Facility is closed, the Contractor shall arrange for the processingand acceptance of the City’s MSW at another Transfer Station or Solid WasteManagement Facility, and shall be responsible for any additional costs incurredby DSNY as a result of such closure including but not limited to the differencein the Price per Ton, and DSNY’s personnel and transportation costs, and thecost of performing an environmental review, if required.  Failure to do so, may, at DSNY’s discretion,result in the termination for cause of this Contract for an act of default.

 

**3.3****                              ****Weigh Scales and the Weighing of MSW at a Transfer Station.**

 

3.3.1                                                **Weigh Scales and the Weighing of MSW**. The Contractor shall have one or more operational Weigh Scales at eachTransfer Station or Solid Waste Management Facility that shall have a lengthequal to or greater than 60 feet, and shall be able to accommodate all of thedimensions of all of the Collection Vehicles shown in **Exhibit 3**.  The Contractor shall weigh all incoming andoutgoing Collection Vehicles that transport MSW to a Transfer Station or SolidWaste Management Facility, record the weight prior to unloading the MSW, andafter unloading the MSW, and give the weight to DSNY in accordance withSection 3.3.2.  Throughout the termof the Contract and any extensions thereof, the Contractor shall calibrate eachWeigh Scale from time to time, but in no event less than once every 30 days,and provide the records of the calibration to DSNY within five business days ofreceipt.  In addition, the Contractorshall equip the Transfer Station or Solid Waste Management Facility with aWeigh Scale Computer.  The Weigh ScaleComputer shall: (a) record the data required by **Exhibit 5** (the “**DeliveryData**”); and (b) deliver records of the recorded weight to DSNYby electronic transmission on an hourly basis to the location designated inwriting by DSNY’s representative.  Theserecords shall be the official record of the weight of each load of MSWdelivered to the Transfer Station or Solid Waste Management Facility by DSNYand its authorized representatives.  TheWeigh Scale Computer shall print the Delivery Data for each load of MSW onto aDelivery Receipt, and onto all copies of such Delivery Receipt, a copy of whichis attached to the Detailed Specifications as **Exhibit 6**.

 

3.3.2                                                **Weigh Scale Data**.  For eachload of MSW delivered by a Collection Vehicle, the Contractor shallelectronically transmit the data set forth in **Exhibit 5** of theDetailed Specifications in the format designated in **Exhibit 5** to DSNY on

 

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an hourly basis.  The WeighScale Computer shall assign the next load number to each load, in sequence,without any omitted load numbers.  Foreach invoice period, the Weigh Scale Computer shall transfer this data to afloppy disk, or to an otherwise mutually acceptable portable computer datastorage medium, and the Contractor shall deliver it to DSNY along with suchinvoice.

 

3.3.3                                                **Certification of Weigh Scales**.  TheContractor shall be solely responsible for obtaining, or requiring the ownerand the operator of the Transfer Station or Solid Waste Management Facility toobtain all of the required certifications and seals for the Weigh Scales at nocost to DSNY.  During the term of theContract and any extensions thereof the Contractor shall provide DSNY withdocumentation showing that the Contractor or the owner and the operator of theTransfer Station or Solid Waste Management Facility have renewed the requiredcertifications and seals prior to the expiration of the existing certificationsand seals.

 

3.3.3.1                                       **Within New York State**.  Weigh Scalesat any Transfer Station or Solid Waste Management Facility located within theState of New York shall meet the standards and specifications ofArticle 16 of the New York State Agriculture and Markets Law as amendedwith respect to weights and measures.

 

3.3.3.2                                       **Within New York City**.  No lessoften than once every 12 calendar months, each Weigh Scale at a TransferStation within the City shall be certified and sealed by the New York CityDepartment of Consumer Affairs and the resulting documentation shall beprovided to DSNY within five working days of receipt by the Contractor, or bythe owner or the operator of the Transfer Station

 

3.3.3.3                                       **Outside New York State**.  Weigh Scalesat a Transfer Station or Solid Waste Management Facility located outside theState of New York shall meet the standards and specifications of the state andlocality in which they are located.

 

3.3.4                                                **Weigh Scale Observation and Testing**. DSNY may observe the weighing of MSW and test the accuracy and precisionof any scale at a Transfer Station, or Solid Waste Management Facilityincluding the Weigh Scale Computer at any time without prior notice.  DSNY may authorize a representative or agentto conduct the observation and testing, and assign the representative or agentto the Transfer Station or Solid Waste Management Facility for that purpose.

 

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3.3.5                                                **Weigh Scale or Weigh Scale Computer Malfunction**.

 

3.3.5.1                                       A Contractor shall immediately notifyDSNY of a Weigh Scale or Weigh Scale Computer Malfunction (a “**Weigh ScaleMalfunction**”) including but not limited to:

 

3.3.5.1.1                                          Failure of the Weigh Scale or the WeighScale Computer to operate to specifications;

 

3.3.5.1.2                                          Failure to assign a sequential number toeach load delivered by DSNY or its authorized representatives;

 

3.3.5.1.3                                          Failure to provide a complete and legibleDelivery Receipt; or

 

3.3.5.1.4                                          Failure to calibrate and seal the WeighScale as required by state or local law, rule or regulation, or to have therequired certifications and seals for the Weigh Scale renewed.

 

3.3.5.2                                       During any Weigh Scale Malfunction, theContractor shall accept DSNY’s reasonable estimate of the weight of the MSW asthe official record of the measurement. DSNY, at its option, may make its reasonable estimate at the soleexpense of the Contractor by weighing the Collection Vehicle at a DSNY facility,or by using a weight derived from the daily average of all MSW delivered to theTransfer Station or Solid Waste Management Facility by Collection Vehiclesduring a period that DSNY determines is reasonable.  If a Weigh Scale Malfunction which causes the Contractor to beunable to provide a complete Delivery Receipt continues for a period of 24hours or longer, DSNY may, at its sole option, require a DSNY Supervisor to bestationed at the Transfer Station or Solid Waste Management Facility to observeCollection Vehicle deliveries of MSW during the remaining period of the WeighScale Malfunction.  In addition toliquidated damages and all other remedies available to DSNY, at law or inequity, the Contractor shall be liable for all expenses incurred by DSNY duringthe period that the Supervisor is stationed at the Transfer Station or SolidWaste Management Facility including but not limited to the Supervisor’s salaryand benefits.  Alternatively, DSNY maychoose to deliver the MSW to another Transfer Station or Solid Waste ManagementFacility, and the Contractor shall be liable for the difference between DSNY’scost of delivering such MSW to the Contractor’s Transfer Station or Solid WasteManagement Facility and all costs related to the delivery of the MSW to thealternative Transfer Station or Solid Waste Management Facility including butnot limited to the difference in the Price per Ton, and personnel andtransportation costs.

 

3.3.6                                                **Delivery Receipts**.  After aCollection Vehicle delivering MSW has been weighed by a Weigh Scale both priorto and after dumping its load, the Weigh

 

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Scale Computer shall record and print all Delivery Information on aDelivery Receipt.  Prior to thedeparture of the Collection Vehicle from the Transfer Station or Solid WasteManagement Facility, the Contractor shall obtain the signatures and print thenames of the Collection Vehicle driver and of the Contractors representative onthe Delivery Receipt, and shall give the Collection Vehicle driver a copy ofthe Delivery Receipt.  No DeliveryReceipt shall be complete unless the Delivery Receipt includes: (a) allDelivery Information with respect to the delivery printed by the Weigh ScaleComputer, and (b) the signatures and printed names of both the CollectionVehicle driver and the Contractor’s representative, each of which shall beobtained by the Contractor.  DSNY hasthe right to withhold payment for any delivery for which the Contractor failsto provide a complete Delivery Receipt including Delivery Receipts for anyloads voided in accordance with Section 3.2.9.

 

**3.4****                              ****Disposal Facility Operations**

 

3.4.1                                                **Disposal of MSW**.  TheContractor shall transport the MSW delivered by DSNY to, and dispose of it atDisposal Facilities located outside of the City during the term of the Contractand any extensions thereof in accordance with all of the applicable federal,state and local laws, rules and regulations. The Contractor shall:

 

3.4.1.1                                       Bear all costs associated with thedisposal of MSW including but not limited to tipping fees, and the cost ofobtaining the use of each Disposal Facility;

 

3.4.1.2                                       Prepare each Disposal Facility to acceptMSW; and

 

3.4.1.3                                       Ensure that each Disposal Facilitycomplies with the terms of the Detailed Specifications, with all applicablefederal, state and local laws, rules and regulations, and is authorized toaccept MSW from the City.

 

3.4.2                                                **Disposal Facility Requirements**.  EachDisposal Facility shall meet the requirements set forth hereinafter during theterm of the Contract and any extensions thereof:

 

3.4.2.1                                       Be located outside of the City;

 

3.4.2.2                                       Be subject to the jurisdiction of theUSEPA;

 

3.4.2.3                                       Possess all Permits and Authorizationsfrom the state and locality in which it is located which are required tooperate and accept the MSW tonnage which may be sent to it;

 

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3.4.2.4                                       Be in compliance with, and operate inaccordance with all of the laws, rules and regulations applicable in the stateand locality in which it is located;

 

3.4.2.5                                       If not owned by the bidder, be thesubject of an agreement between the owner and the operator and the bidder touse the Disposal Facility for the term of the Contract and any extensionsthereof; and

 

3.4.2.6                                       Be the subject of a Permit, HostCommunity Agreement, or other authorization that authorizes the acceptance ofMSW at the Disposal Facility regardless of origin.

 

3.4.3                                                **Disposal Facility Capacity**.  The totalMSW disposal capacity at the Disposal Facilities shall be at least equal to thetonnage of MSW being bid.  TheContractor shall maintain this capacity of its Disposal Facilities throughoutthe term of the Contract and any extensions thereof.

 

Followingthe bid opening, and after the award of the Contract, DSNY has the right at anytime without notice to inspect the Disposal Facilities and verify that thefacilities continue to have the capacity to dispose of the tonnage that wasawarded to the Contractor, and DSNY may reduce the tonnage that will bedelivered to the Contractor’s Transfer Station or Solid Waste ManagementFacility to an amount that DSNY reasonably believes that the DisposalFacilities will be able to manage, even if that tonnage is less than the amountawarded to the Contractor. In the event of such a reduction, the Contractorshall be liable to DSNY for the difference between DSNY’s cost of deliveringsuch MSW to the Contractors Transfer Station or Solid Waste Management Facilityand all costs related to the delivery of MSW to an alternative Transfer Stationor Solid Waste Management Facility including but not limited to the differencein the Price per Ton, personnel and transportation costs.

 

**3.5****                              ****Transporting MSW to a Disposal Facility**

 

3.5.1                                                **Transport Generally**.  TheContractor may transport the MSW to a Disposal Facility, by barge, rail car, ortruck or a combination of these modes of transportation.  The Contractor shall provide all barges,Containers, rail cars, trucks, and other equipment that will be used totransport the MSW to a Disposal Facility either directly or by subcontractingwith one or more transporters and suppliers of equipment, and shall have accessto a sufficient amount of transport equipment and transporters, and backupequipment and transporters for each selected mode of transportation to ensurethat there is no downtime in connection with operations.  The Contractor shall pay all costs oftransporting the MSW including but not limited to equipment rental charges,transporter charges, gas, maintenance, taxes, fees, fines, and tolls.

 

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3.5.2                                                **Storage Time**.  MSW storagetime in or on a barge, Container, rail car, truck, or any other equipment usedfor the transport of MSW shall not exceed the permissible limit under anyapplicable federal, state or local laws, rules or regulations.

 

3.5.3                                                **Sanitation**.  TheContractor shall maintain, and ensure that its transporters and subcontractorsmaintain all barges, Containers, rail cars, trucks and other equipment used forthe transport of MSW in a clean and sanitary condition to prevent odors,insects, rodents, vermin, vectors, or other nuisance conditions.  The Contractor, or its transporters orsubcontractors shall furnish and use its own equipment for this cleaningoperation.

 

3.5.4                                                **Transport by Barge**.  If the MSWis transported by barge, the Contractor and its transporters and subcontractorsshall adhere to all federal, state and local laws, rules and regulationsapplicable to transport by barge.

 

3.5.5                                                **Transport by Rail**.  If the MSWis transported by rail, the Contractor and its transporters and subcontractorsshall adhere to all federal, state and local laws, rules and regulationsapplicable to rail transport.

 

3.5.6                                                **Transport by Truck**.  If the MSWis transported by truck:

 

3.5.6.1                                       Within the City, the Contractor and itstransporters and subcontractors shall ensure that all trucks adhere toauthorized truck routes within the City and do not deviate from these routesunless specifically directed to do so by government authorities re-routingtraffic.  To the maximum extentpossible, trucks shall not travel on any local streets, or through anyresidential area;

 

3.5.6.2                                       Outside of the City, the Contractor andits transporters and subcontractors shall adhere to the laws, rules andregulations governing truck transport in the states and localities throughwhich the trucks will travel and shall not deviate from these routes unlessspecifically directed to do so by government authorities re-routing traffic;

 

3.5.6.3                                       The Contractor shall route, and ensurethat each of its transporters and subcontractors routes trucks on primaryhighways, and to the maximum extent possible, away from local streets andresidential areas.  The Contractor shallalso route and ensure that each of its transporters and subcontractors routestrucks away from environmentally sensitive areas such as parks, historic sites,and wetlands to the maximum extent possible, in conformance with all applicablefederal, state and local laws, rules and regulations;

 

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3.5.6.4                                       The Contractor shall load, and ensurethat each of its transporters and subcontractors loads each truck so that it iswithin the weight limits established by the states and localities through whichthe truck will travel; and

 

3.5.6.5                                       The Contractor shall ensure that bothdoors of the truck cab clearly and visibly bear the name, address, andtelephone number of the transporter or subcontractor and a unique number inlettering at least four inches high.

 

3.5.7                                                **Safety**.  The Contractor shall beresponsible for its own, and for each of its transporters’ and subcontractors’safety, and for transporting MSW in conformance with all federal, state andlocal laws, rules and regulations including but not limited to speed limits andtonnage restrictions.  The Contractorshall ensure that its own MSW transporting equipment and that of each of itstransporters and subcontractors is equipped with adequate fire extinguishingequipment appropriate for the mode of transportation which is being used.

 

3.5.8                                                **Inspection and Enclosure of Barges, Containers, Rail Cars,Trucks, and Other Equipment**.  As part ofthe Contractor’s preventative maintenance program, the Contractor and itstransporters and subcontractors shall maintain all barges, Containers, railcars, trucks, and other equipment used for the transport of MSW.  The Contractor and its transporters andsubcontractors shall cover the MSW, whether in a barge, Container, rail car,truck, or another type of transport equipment so that no material spills,leaks, or is otherwise released.  TheContractor shall inspect each barge, Container, rail car, truck, or otherequipment used for transporting the MSW prior to its departure from theTransfer Station or Solid Waste Management Facility.  As part of each inspection, the Contractor shall ensure that alldoors and other apertures are secure. All MSW shall remain covered until it is unloaded at the DisposalFacility.

 

3.5.9                                                **MSW Spills**.  If MSWspills while a load is in transit, the Contractor shall implement its emergencyspill clean-up plan for that mode of transport, and shall immediately notifythe state police and other appropriate authorities as well as any federal,state or local agencies responsible for supervising and monitoring clean-upactivities.  Failure to implement anemergency spill clean-up plan within one hour of the spill, or to commenceclean-up operations within three hours of the spill may be cause for DSNY toterminate the Contract for default.  TheContractor shall immediately notify DSNY by telephone upon occurrence of thespill, and shall provide DSNY with periodic reports on the status of theclean-up operations.  The Contractorshall pay all of the costs and expenses of the clean-up.

 

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**3.6****                              ****General Operations Requirements.**

 

3.6.1                                                **Local Agent**.  TheContractor shall have an agent in New York City that shall be authorized toaccept all notices, and any service of process in connection with the Contract.

 

3.6.2                                                **Local Office**.  TheContractor shall have an office at the Transfer Station or Solid WasteManagement Facility that serves as the base of operations for theContractor.  The Contractor shallmaintain in such office copies or originals of all records relating to the Contractincluding but not limited to those records required pursuant toSection 3.6.3.

 

3.6.3.                                             **Record Keeping and Reporting**.  TheContractor shall maintain, in accordance with generally accepted accountingprinciples, consistently applied, accurate, readily available, and auditablerecords and accounts, with supporting documentation of: (a) all WeighScale data; (b) the MSW tonnage delivered by the DSNY; (c) thetonnage and site of disposal of all MSW delivered by the DSNY; (d) all receiptsand expenditures in connection with the performance of its obligations underthe Contract; (e) all financial accounts maintained, and transactionsundertaken in connection with the Contract relating to the disposition of theMSW, and the invoices, receipts and expenditures therefor. The Contractor shallmaintain all records for at least six years after the date of the terminationof the Contract.

 

3.6.4                                                **Access to Information**.  The City orits representatives shall have the right to conduct independent sampling andanalysis of any information including but not limited to records and accountsat any time without notice.

 

3.6.5                                                **Backup Equipment**.  At noadditional expense to the City or DSNY, the Contractor shall provide sufficientbackup equipment to manage and provide services for all phases of theContract.  If any equipment providedpursuant to the Detailed Specifications becomes unavailable or inoperable, theContractor shall promptly mobilize backup equipment to ensure smooth, continuousoperation.

 

3.6.6                                                **The Contractor’s Responsibility for the Acts of Others**. The Contractor shall be responsible for the acts of any person or firmengaged to act on its behalf.  If anobligation is imposed on the Contractor in the Detailed Specifications, theContractor shall ensure that its employees, agents, representatives,subcontractors, and any person or firm acting on its behalf carry out andfulfill the obligation.

 

3.6.7                                                **Provision Required in Subcontracts**. To ensure the performance of the services during the term of theContract, the Contractor shall insert the following language into eachagreement with the owner and the operator of a

 

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Transfer Station, a Solid Waste Management Facility, a DisposalFacility and any other processing facility which may be used in connection withthe Contract which is not owned and operated by the Contractor:

 

The parties to this Agreement acknowledge and agree that the New YorkCity Department of Sanitation (“**DSNY**”) is a third-party beneficiary of thisAgreement.

 

Accordingly,

 

If                                                                                                                   

NAME OF CONTRACTOR

 

(the “**Contractor**”) fails or is otherwise prevented from deliveringmunicipal solid waste for disposal under this Agreement for any reason,including insolvency, then,

 

                                                                                                                   

NAME OF THE OWNER OFTHE TRANSFER STATION,SOLID WASTE MANAGEMENT FACILITY.DISPOSAL FACILITY OROTHER PROCESSING FACILITY

 

(the “**Owner**”) shall permit DSNY or its authorized agents andrepresentatives to deliver municipal solid waste from the City of New York tothe facility upon the same terms and conditions contained herein for thedelivery of municipal solid waste by the Contractor (including payment of thesame fees), until such time as the Contractor resumes operation and performanceunder this Agreement.  The Owner agreesthat if DSNY declares the Contractor to be in default of its obligations underits contract with the DSNY or terminates or otherwise cancels the contract, theOwner shall, at the option of DSNY, execute a contract with DSNY to permit thedelivery of municipal solid waste from the City of New York to the facility onterms and conditions not less favorable to the City of New York than thosecontained in this Agreement.

 

**I****V.****                                ITEMSTO BE SUBMITTED BY BIDDERS**

 

**4.1****                              ****The Bid Package**.  The biddershall submit an original bid package, in a sealed container which is clearlylabeled as the original bid package (which shall be the formal and public bid),and one copy of the bid package in a container which is clearly labeled as a

 

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duplicate of the bid package. DSNY may deem a bid package which omits any of these items to benon-responsive, and may reject the bid. The bid package shall contain:

 

4.1.1                                                **Bid Sheet**.  The BidSheet.

 

4.1.2                                                **Tax Affirmation**.  The biddershall provide the Tax Affirmation.

 

4.1.3                                                **Bid Security**.  A Bid Bondor Certified Check in the amount specified in Schedule A of the GeneralSpecifications - General Conditions.

 

4.1.4                                                **Supply and Service Employment Report**. A Supply and Service Employment Report shall be completed by the bidder,and each subcontractor identified in its bid.

 

4.1.5                                                **Experience Questionnaires**.  AnExperience Questionnaire shall be completed by the bidder, each member of ajoint venture or partnership (if applicable), and each subcontractor identifiedin its bid.

 

4.1.6                                                **VENDEX Questionnaires**.  The bidder,all of the principals of the bidder, each-corporation which has an ownershipinterest in the bidder, each corporation which is affiliated with the bidder,each corporation in which the bidder has an ownership interest, and eachsubcontractor identified in the bid and all of the principals of eachsubcontractor shall complete and submit to DSNY a separate VENDEXQuestionnaire.  A VENDEX Questionnaireis included with the solicitation.

 

4.2                                 **Bid Support Materials. **For DSNYto deem the bid responsive, each bidder shall submit two copies of the bidsupport materials set forth hereinafter. DSNY may deem a bid which omits any of these items to be non-responsive,and may reject it.  All bid supportmaterials shall be submitted in a sealed container.  Each container shall clearly identify the bid that itaccompanies, and whether it contains original or duplicate documents.  It shall include:

 

4.2.1                                                **Chart**.  A chart for the TransferStation or Solid Waste Management Facility, and each Disposal Facilitysummarizing the following information:

 

4.2.1.1                                       A list of the names, addresses, andtelephone numbers of each Transfer Station or Solid Waste Management Facility,and each Disposal Facility identified in its bid including its owner, andoperator, and a contact person at the facility;

 

4.2.1.2                                       The USEPA region in which the facility islocated;

 

4.2.1.3                                       The name, address and telephone number ofeach federal, state and local regulatory agency and authority which hasjurisdiction over the facility,

 

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or from which a Permit orAuthorization is required, and the name, title and telephone number of acontact person at each agency or authority;

 

4.2.1.4                                       A list of all existing Permits and Authorizationsfrom regulatory agencies and authorities, stating the name of the agency orauthority which issued each Permit and Authorization, the date of issuance, thedate of expiration, and any conditions or restrictions in the Permit orAuthorization;

 

4.2.1.5                                       Any other relevant information.

 

4.2.2                                                **Transfer Station or Solid Waste Management FacilityThroughput Chart**.  A chart showing: (a) the dailyputrescible solid waste tonnage throughput managed at the Transfer Station orSolid Waste Management Facility during the past calendar year, and (b) thedaily shift totals by shift for all inbound and outbound tonnage during thesecond week of each month for the 12 months preceding the bid opening date.

 

4.2.3                                                **Disposal Facility Throughput Chart**. A chart for each Disposal Facility setting forth the total amount ofsolid waste from all sources, categorized by type received, during eachcalendar year from 1998 through 2001, and for January 2002 throughpresent.

 

4.2.4                                                **Transfer Station or Solid Waste Management Facility andDisposal Facility Capacity**.  A chart foreach Transfer Station or Solid Waste Management Facility, and Disposal Facilitysetting forth: (a) the Transfer Station’s or Solid Waste ManagementFacility’s, or Disposal Facility’s total acreage; (b) the facility’s totalcapacity including the maximum daily, weekly and monthly capacity authorizedfor the receipt of MSW under the facility’s Permits and Authorizations;(c) the Permit(s) or Authorization(s) in which such maximum capacities areset forth; (d) the average amount of MSW currently accepted by theTransfer Station or Solid Waste Management Facility, or Disposal Facility on adaily, weekly, and monthly basis; (e) the amount of the City’s MSW thatthe bidder proposes to deliver to each facility; and (f) any otherrelevant information.

 

4.2.5                                                **Descriptive Materials**.  Descriptivecompany materials and histories for the bidder and each of the subcontractorsidentified in its bid demonstrating that the bidder complies with theexperience requirements set forth in Section 2.1.2.

 

4.2.6                                                **A Preliminary Operations Plan**.  Thepreliminary Operations Plan shall be submitted in a binder.  The preliminary Operations Plan shalldescribe in detail how the bidder intends to manage each shipment of MSW fromthe time of delivery by DSNY or its authorized representatives to the TransferStation

 

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or Solid Waste Management Facility until the time of finaldisposal.  At its discretion, DSNY mayrequest that the bidder modify all or parts of the preliminary Operations Plan,and submit the revised preliminary Operations Plan to DSNY for its review andapproval within 10 days of the date of such request.  If the bidder does not submit a revised preliminary OperationsPlan to DSNY within said time period, DSNY may determine that the bid isnon-responsive, and reject the bid.  Thepreliminary Operations Plan shall include:

 

4.2.6.1                                       **Copies of Permits and Authorizations**. Copies of every Permit and Authorization that has been obtained for theTransfer Station or Solid Waste Management Facility and each Disposal Facility,and all documentation accompanying each Permit and Authorization.

 

4.2.6.2                                       **Letter of Intent From the Owner and the Operator of aTransfer Station or Solid Waste Management Facility**. For any Transfer Station or Solid Waste Management Facility named in thebid which is not owned and operated by the bidder, the bidder shall submit aLetter of Intent from the owner and the operator of the Transfer Station orSolid Waste Management Facility containing all of the information set forth inSection 1.2.14.

 

4.2.6.3                                       **Transfer Station or Solid Waste Management FacilityOperations and Maintenance Plan**.  Anoperations and maintenance plan for the Transfer Station or Solid WasteManagement Facility that at a minimum:

 

4.2.6.3.1                                          If the facility is located within theState of New York, complies with the mandates of the New York State Departmentof Environmental Conservation Solid Waste Management Facility Regulations (6NYCRR Part 360) as amended, and the mandates set forth in the rules andregulations adopted by any local agencies regulating the Transfer Station orSolid Waste Management Facility.

 

4.2.6.3.2                                          If the facility is located outside of theState of New York, complies with the law, rules and regulations governing theoperation of the Transfer Station or Solid Waste Management Facility in thestate and locality in which it is located.

 

4.2.6.3.3                                          If the facility is located outside of theState of New York, includes a list and a map showing the truck routes approvedfor use by vehicles operated by DSNY and its authorized representativestraveling from the egress points from the City designated in **Exhibit 1**.

 

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4.2.6.4                                       **Transfer Station or Solid Waste Management Facility Blueprint**. A blueprint, for the Transfer Station or Solid Waste Management Facilitythat is current as of the bid opening date.

 

4.2.6.5                                       **Proof of Ability to Transport MSW to a Disposal Facility**. Evidence that the bidder or its subcontractors possess the necessaryequipment to transport MSW from the Transfer Station or Solid Waste ManagementFacility (if applicable) to each Disposal Facility.  This evidence may include a Letter of Intent from one or moretransporters to supply the equipment or services required.

 

4.2.6.6                                       **Disposal Facility Information**.  The name,address and telephone number of the owner, the operator, and a contact personfor each Disposal Facility named in the bid;

 

4.2.6.7                                       **Letter of Intent From the Owner and the Operator of aDisposal Facility**.  For each Disposal Facility named in the bidwhich is not owned and operated by the bidder, the bidder shall submit a Letterof Intent from the owner and the operator of such Disposal Facility containing allof the information set forth in Section 1.2.14.

 

4.2.6.8                                       **State and Locality Permits and Authorizations, and HostCommunity Agreements**.  For each Disposal Facility named in its bid,a copy of a state or local Permit or Authorization, or a Host CommunityAgreement acceptable to DSNY which authorizes the Disposal Facility to acceptMSW regardless of origin.  In additionthe bidder shall include the name, title, address, and telephone number of oneor more persons employed by the jurisdiction issuing such Permit,Authorization, or Host Community Agreement which authorizes the acceptance ofMSW regardless of origin whom DSNY may contact to verify suchauthorization.  The bidder shall alsoinclude an opinion letter from an attorney familiar with the laws, rules,regulations, Permit and Authorization requirements, and the Host CommunityAgreement applicable to the Disposal Facility that states that the DisposalFacility may accept MSW regardless of origin including but not limited to thespecific language in such Permit, Authorization, or Host Community Agreement,if applicable, which authorizes the acceptance of MSW regardless oforigin.  Such letter shall also setforth any limitations or restrictions imposed by such regulatory agency orauthority on the acceptance of MSW for disposal by the facility.

 

**4.3****                              ****Items to be Submitted after Receipt of Notice of Award**.

 

4.3.1                                                **Insurance and Bonds**.  Within 10days after receipt of the Notice of Award the bidder shall submit anyperformance bonds, payment bonds, and

 

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certificates of insurance required by Schedule A of the GeneralSpecifications - General Conditions. Failure to produce these items may result in a determination by DSNYthat the Notice of Award will be rescinded for failure to provide the requiredbonds, or insurance.

 

4.3.2                                                **Final Operations Plan**.  Within 20days after receipt of the Notice of Award the bidder shall submit an originaland one copy of the final Operations Plan. At its discretion, DSNY may request that the bidder modify all or partsof the final Operations Plan and submit a revised final Operations Plan to DSNYfor its review and approval within five days of the date of such request.  Failure to submit a revised Operations Planwithin said time period, may result in a determination by DSNY that the Noticeof Award will be rescinded for failure to provide the required revised finalOperations Plan.  Upon DSNY’s acceptanceof the Contractor’s final Operations Plan, the final Operations Plan shallbecome effective.  The final OperationsPlan shall include:

 

4.3.2.1                                       **Revised Preliminary Operations Plan**. The information required to be included in the preliminary OperationsPlan by Section 4.2.6, revised as appropriate;

 

4.3.2.2                                       **Agreements with the Owner and the Operator of the TransferStation or Solid Waste Management Facility, and the Disposal Facility and MSWTransporters**.  Agreements between the bidder and the ownerand the operator of the Transfer Station or Solid Waste Management Facility,each Disposal Facility and each transporter, if it is not owned and operated bythe bidder, which shall be for the term of the Contract and any extensionsthereof.  The Agreements shall includeat a minimum:

 

4.3.2.2.1                                          A statement that the owner and the operatorshall accept MSW from the City, or transport it;

 

4.3.2.2.2                                          All of the conditions and restrictionswhich may be imposed upon the acceptance or transport of MSW from the Cityeither by the owner and the operator, or by any regulatory agency or authoritywith jurisdiction over the Transfer Station, Solid Waste Management Facility,Disposal Facility, or transporter;

 

4.3.2.2.3                                          The daily tonnage of MSW that the ownerand the operator anticipate accepting; and

 

4.3.2.2.4                                          The specific language in the facility’sor the transporter’s Permits and Authorizations, or Host Community Agreement,if applicable, which authorizes the owner and the operator to accept MSW fromthe City.

 

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4.3.2.3                                       **Permits and Authorizations**.  Copies ofall federal, state and local Permits and Authorizations necessary to performthe work and services sought by this solicitation including those for theTransfer Station or Solid Waste Management Facility, the Disposal Facility, andthe transport of MSW.

 

4.3.2.4                                       **Host Community Agreement**.  A copy ofthe Host Community Agreement, if applicable, that authorizes the DisposalFacility to accept MSW regardless of origin.

 

4.3.2.5                                       **Transfer Station or Solid Waste Management Facility EmergencyContingency Plan**.  A copy of a plan to cope with emergencies atthe Transfer Station or Solid Waste Management Facility including but notlimited to power failures, fires, and the delivery of radioactive material.

 

4.3.2.6                                       **Modes of MSW Transport, Containers, and Related Equipment**. A complete description of all modes of MSW transport including but notlimited to barges, Containers, rail cars, trucks, and related equipment whichwill be used to transport MSW from the Transfer Station or Solid WasteManagement Facility to a Disposal Facility. Each final Operations Plan shall identify the modes of MSW transport,the names and addresses of all transporters (including but not limited to theowners of barge transporters, railroads, and trucking companies) and the name, title,address and telephone number of a contact person at each transporter.  The size, type, and capacity of barges,Containers, rail cars, trucks, and other equipment which will be used for thetransport of MSW, and the schedule for transporting each shipment of MSWfrom the Transfer Station or Solid Waste Management Facility to the DisposalFacility shall also be included.

 

4.3.2.7                                       **Barge, Rail or Truck Routes**.  Details ofthe routes that each mode of transport may take from the Transfer Station orSolid Waste Management Facility to each Disposal Facility including but notlimited to the local streets which may be used if MSW is transported by truckat any time.

 

4.3.2.8                                       **Transport Emergency Clean-Up Plan**. An emergency clean-up plan appropriate to each mode of MSW transportdescribing in detail the procedures that the Contractor, transporter orsubcontractor shall follow if MSW spills during transport.

 

**4.4****                              ****Changes After Contract Award.**

 

4.4.1                                                **Changes in the Disposal Facility, Transporters, Modes ofTransporting MSW, or Subcontractors**.  After awardof a Contract or the commencement

 

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of work, the Contractor may only add, substitute or replace a DisposalFacility, a transporter, the modes of transporting MSW, or any othersubcontractor with the prior written approval of DSNY.

 

4.4.1.1                                       To request such approval, the Contractorshall submit a written request to DSNY accompanied by VENDEX Questionnairescompleted by the new Disposal Facility, the new transporter or any othersubcontractor, and its principals, and all of the applicable information anddocuments listed in Sections 4.1.4, 4.1.5, 4.2.1, 4.2.2, 4.2.3 and 4.2.6.9, anda Letter of Intent or an Agreement between the Contractor and the proposedsubcontractor, and any additional information or forms which may be requestedby DSNY, the New York City Business Integrity Commission, or the New York CityDepartment of Investigation.

 

4.4.1.2                                       DSNY, at its sole discretion, may refuseto approve the Contractor’s request for a change.

 

4.4.1.3                                       If DSNY approves the Contractor’srequest, the Contractor shall be responsible for any additional costs to theContractor, and any additional costs that DSNY may incur as a result of thechanges.  The Contractor shall reimburseDSNY for all additional costs incurred as a result of the change including butnot limited to personnel and transportation costs incurred by DSNY as a resultof the change.

 

4.4.2                                                **Revised Final Operations Plan**.  Within 20calendar days of receipt of DSNY’s approval of the change, the Contractor shallsubmit to DSNY a revised final Operations Plan with updated informationreflecting the addition, substitution, or replacement of the subcontractor.

 

4.4.3                                                **Changes In Ownership**.  After thecommencement of work, there may only be a change in the controlling interest ofany corporation, or a dissolution or change in the composition of any jointventure or partnership providing services pursuant to this Contract with theprior written approval of DSNY.

 

4.4.3.1                                       To request such approval, the Contractorshall submit a written request to DSNY accompanied by VENDEX Questionnaireswhich shall reflect the proposed change in the controlling interest of thecorporation, or the dissolution or change in the composition of the jointventure or partnership, and any additional information and forms which may berequested by DSNY, the New York City Business Integrity Commission, or the NewYork City Department of Investigation.

 

4.4.3.2                                       DSNY, at its sole discretion, may refuseto approve the Contractor’s request for a change.  DSNY, further reserves the right to terminate this Contractpursuant to Article II of the agreement for convenience in the

 

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event that the change inthe controlling interest in the corporation, or the dissolution or change inthe composition of the joint venture or partnership provides a basis fordetermining that the Contractor does not meet all of the standards with respectto responsibility, fitness and integrity set forth in the PPB Rules, and thosewhich may be established by the New York City Business Integrity Commission andthe New York City Department of Investigation.

 

4.4.4                                                **Modifications of Permits and Authorizations**. The Contractor shall provide DSNY with written notice of any change,revision or modification of any Permit or Authorization issued to a TransferStation, Solid Waste Management Facility, or Disposal Facility within 48 hoursof the change, revision or modification. The Contractor shall provide DSNY with a copy of the change, revision ormodification within 20 days of receipt thereof, and a revised final OperationsPlan with updated information reflecting the change, revision or modificationof such Permit or Authorization.  Inaddition, if such change, revision or modification was made in the Permit orAuthorization of the Disposal Facility, the Contractor shall provide an opinionletter from an attorney familiar with the laws, rules and regulations, Permitand Authorization requirements, and the Host Community Agreement, ifapplicable, for Disposal Facility that sets forth the effect of such change,revision or modification upon the opinion letter issued pursuant toSection 4.2.6.9.

 

**V.**                                    PAYMENT INFORMATION

** **

**5.1****                              ****Payment**.

 

5.1.1                                                **Basis for Payment**.  DSNY shallpay the Contractor the difference between:

 

5.1.1.1                                       The Price Per Ton based upon the netweight of the MSW delivered by Collection Vehicles to the Transfer Station orSolid Waste Management Facility during the period covered by the invoice; and

 

5.1.1.2                                       Any amounts that are due or owing to DSNYby the Contractor under the terms of the Contract, including but not limited toliquidated damages as set forth in Section 5.2.

 

5.1.1.3                                       DSNY shall only pay the Contractor at thePrice per Ton regardless of the amount of MSW delivered during any shift, or onany day.

 

5.1.2                                                **Invoicing**.  For eachmonth during the term of the Contract, there shall be two invoice periods.  The first period shall extend from the firstof the month through the fifteenth of the month, and the second period shallextend from the sixteenth of the month through the last day of the month.  No later than 10

 

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calendar days following the end of the invoice period, the Contractorshall submit an invoice for the services performed during the invoice period,in exactly the form attached to the Detailed Specifications as **Exhibit 7**,which shall contain all of the information included in such form.  If DSNY requests that the Contractor provideadditional information related to the Contract as part of its invoice, theContractor shall be obligated to provide the information.  DSNY may reject any invoice which does notcomply with these requirements, and the Contractor shall resubmit the correctedor complete invoice during the next invoice period, clearly identifying theinvoice as being the resubmission of a previously rejected invoice.

 

5.1.3                                                **Monthly Reporting Requirements**.  Within 10days after the end of each month, the Contractor shall submit a written reportto DSNY setting forth the tonnage and site of final disposal of all MSWdelivered to it by DSNY and its authorized representatives during the precedingmonth.

 

5.1.4                                                **Annual Reporting Requirements**.  Within 20business days of each anniversary of the commencement of work under theContract, the Contractor shall submit a written report to DSNY setting forththe amount of the MSW delivered to each Disposal Facility during each month ofthe reporting period, and providing such other information concerning the finaldisposal of the MSW delivered to it by DSNY and its authorized representativesas may be requested by DSNY.

 

**5.2****                              ****Liquidated Damages.**

 

5.2.1                                                **Liquidated Damages**.  DSNY willadjust the Contractor’s payment by liquidated damages of $300 for each time theContractor fails to comply with any of the terms of the Contract including butnot limited to those listed below:

 

5.2.1.1                                       Insufficient or untimely performance ofthe Contract;

 

5.2.1.2                                       Failure to accept deliveries within thetimes set forth in the Contract, or to process the number of CollectionVehicles per hour set forth in Section 3.2.3;

 

5.2.1.3                                       Rejection of a delivery of MSW;

 

5.2.1.4                                       Violation of the Weigh Scale requirementsof Section 3.3;

 

5.2.1.5                                       Providing incomplete or illegibleDelivery Receipts including handwritten or manual Delivery Receipts without theprior authorization of DSNY;

 

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5.2.1.6                                       Failure to maintain complete records ofMSW deliveries, or to submit records or other information as set forth in theContract;

 

5.2.1.7                                       Overflow of MSW storage facilities;

 

5.2.1.8                                       Failure to update the final OperationsPlan as required by Sections 4.4.2 and 4.4.4; or

 

5.2.1.9                                       Violation of any of the transportrequirements of Section 3.5.

 

5.2.2                                                **Liquidated Damages Not a Penalty**. The parties agree that liquidated damages are not intended as a penalty,but as an acknowledgment by the parties that actual damages in each case aredifficult or impossible to ascertain. DSNY’s failure to impose damages for any specific violation of theContract shall not be deemed a waiver of any provision of the Contract, norshall it be deemed a waiver of any right to impose damages as to other, orfuture violations of any kind, nor of any other remedy +at law or in equity.

 

5.2.3                                                **Payment of Liquidated Damages**.  Anyliquidated damages due to DSNY shall become due and payable on the first day ofthe month following the date upon which DSNY imposes them.  DSNY may exercise its right of set-off, anddeduct the amount of outstanding liquidated damages against amounts due andowing the Contractor from DSNY.  If thesum due and owing to the Contractor for performance under the Contract in anymonth is less than the amount of liquidated damages payable to DSNY, theContractor shall pay the difference upon demand by DSNY.  Any liquidated damages unpaid to DSNY formore than one month shall be subject to interest at prime rate in effect at theFederal Reserve Bank of New York upon the date that the interest paymentobligation arose plus 2%.

 

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**NO TEXT ONTHIS PAGE**

 

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**EXHIBIT 1**

 

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**[MAP OF MANHATTAN]**

 

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**[MAP OF BRONX]**

 

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**[MAP OF QUEENS]**

 

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**[MAP OF STATEN ISLAND]**

 

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**EXHIBIT 2**

 

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**New York City Department OfSanitation Transportation Model**

 

**NEW YORK CITY DEPARTMENT OF SANITATIONTRANSPORTATION MODEL**

 

For contract awards and for operational management purposes, DSNY usesa transportation modeling tool (the “**Transportation Model**”).  The Transportation Model identifies theallocation mix that represents the *lowest total cost*to the City to transportmunicipal solid waste (“**MSW**”) and recyclable materials (“**Recyclables**”)from a sanitation district to a facility belonging to a vendor that accepts theCity’s MSW or Recyclables.

 

**BACKGROUND**

 

The two major costs for disposing of the city’s MSW and Recyclables arethe bid price per ton of the company that accepts the MSW or the Recyclables,and the cost of transporting the material to a company’s AcceptanceFacility.  DSNY pays the privatecompanies who accept MSW or Recyclables based upon the tonnage DSNY delivers,and DSNY incurs transportation costs in making deliveries to the vendor’s facility.  To estimate DSNY’s transportation cost, DSNYdeveloped the Transportation Model. DSNY will use the Transportation Model to award contracts during theinitial bid solicitation.  DSNY may alsouse the Transportation Model to redistribute districts when collection patternschange, or when a vendor’s contract terminates and DSNY must reassign theamounts that a vendor was receiving among the remaining vendors.

 

For operational reasons, DSNY does not split any of its sanitationdistricts.  If each bidder could acceptall of the material that DSNY could deliver, the lowest combination of bidprice and the transportation cost between each district and the facility woulddetermine the contract awards.  Butbidders do not have unlimited capacity – each bidder can accept only a specificamount of MSW or Recyclables.  DSNYvisits the vendor’s facilities to verify that the facility can accept anddispose of the amount of MSW or Recyclables named in the bid.

 

The Transportation Model considers four basic factors: (1) the bidprice per ton; (2) DSNY’s transportation cost per ton; (3) the tonnage of MSWor Recyclables that each district produces; and (4) the bidder’s capacitylimits.  The combination of options thatpermit DSNY to deliver MSW or Recyclables to facilities at the *lowest total**cost*tothe City will determine the contract awards.

 

**TRANSPORTATION MODEL FACTORS**

 

**Distance Measurement (Dumping On-Shift or Off-Shift)**

 

The starting point will be either the center of a district or thedistrict’s garage location, depending on each district’s historical collectionand dumping patterns.  If the collectioncrew normally delivers the collected material to a facility (on-shift), DSNYmeasures distance from the center of the district.  But if trucks usually return to the garage to await a secondshift of relay personnel to drive the truck to a facility (off-shift), DSNYmeasures the distance from the

 

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garage.  The transportation cost estimate for eachdistrict will be a blended measurement of on-shift and off-shift deliveries,depending on the district’s historical patterns.

 

**Estimated Driving Distances and Travel Speed**

 

DSNY uses latitude and longitude coordinates taken from MAPINFO (amapping software package) to derive the coordinates for each facility and eachdistrict.  Once the coordinates havebeen established, MAPINFO computes distances including bridges, and tunnelcrossings to produce a table giving the distances between each facility andeach district garage, and between each facility and the center of eachdistrict.  The travel speed is alsotaken into account.

 

**Fuel Costs**

 

DSNY periodically updates the Transportation Model to include currentfuel prices.

 

**Bridge, Tunnel and Turnpike Costs and Queuing**

 

Additional costs are associated with transporting materials on bridges,in tunnels, and on turnpikes that charge tolls.  Besides the toll costs, time spent queuing at the toll booths hasan impact on the cost to DSNY to deliver materials.  DSNY assesses bridge, tunnel, and turnpike costs based on dollarsper bridge, dollars per tunnel, or dollars per exit path on the turnpike.

 

**Truckshift Productivity - (Tons per Truckload)**

 

The more tons per load, the less effect transportation costs per loadhave on the cost per ton and on the total cost of the delivery.  The fewer tons per load, the more pronouncedthe effect transportation costs have on the costs per ton and the total cost ofthe delivery.  Some districts yieldheavily loaded trucks, while others produce lighter loads.

 

**Personnel Costs**

 

This is the added personnel cost of using a relay driver to drive atruck from the district garage to the bidder’s facility and back to thedistrict garage after the first shift has collected the MSW or theRecyclables.  DSNY periodically updatessalary levels.

 

**Maintenance Costs**

 

These are the additional truck maintenance costs caused by drivingbetween the district and the facility.

 

**ASSIGNING DISTRICTS - EXAMPLES**

 

Linear/Integer programming is a complex algorithm that determines theoptimal combination of options that minimize total cost within capacityconstraints.  The Transportation Modeluses this technique to determine the combination of districts and vendors thatrepresent

 

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the *lowest total**cost*tothe City for disposing of MSW and Recyclables. The examples given below apply equally to MSW and Recyclables.

 

**Example A.**

 

DSNY has 59 sanitation districts and many independent sources of largeamounts of MSW and Recyclables, such as schools and the courts.  Although not every bid solicitation is for59 districts, the example given below is based upon that number.  In a Citywide procurement for MSW AcceptanceFacilities, 59 sanitation districts generate MSW, and each of the 59 districtsmust be assigned to a bidder.  If 10bidders submit bids, the Transportation Model will be run as follows:

 

**(1)**                                  The Transportation Model uses MAPINFO to calculate the distance fromeach district to each bidder’s MSW Acceptance Facility.

 

**(2)**                                  Using the distance calculated above, the Transportation Modelcalculates the transportation cost per ton between each district and each MSWAcceptance Facility, using the factors described in the Transportation ModelFactors section above.  There are 590different combinations of districts and facilities.

 

**(3)**                                  The Transportation Model then calculates an Allocation Factor for everypossible combination of a bidder and a district using the following formula:

 
| Allocation  Factor |   | = |   | Bid Price per ton

+

DSNY’s Transportation Cost per Ton |   | X |   | Average  Daily Amount of MSW Collected in the District (based upon DSNY historical  data.) |
|--------------------|--------|---|--------|---------------------------------------------------------------|--------|---|--------|--------------------------------------------------------------------------------------------|

 

The result is 590 AllocationFactors.  Since DSNY cannot send the MSWfrom a district that produces 100 tons of MSW a day to a bidder that can onlyaccept 75 tons, some of these 590 combinations may be impossible.

 

**(4)**                                  The Transportation Model then runs many thousands of possiblecombinations of bidders and districts, using the Allocation Factors, until itfinds the combinationbidders and districts thatrepresent the *lowest total cost*to the City.

 

The Transportation Model will assign tonnage from districts to thelowest responsive, responsible bidder or bidders in order to achieve the *lowest totalcost*to the City.

 

**Example B.**

 

The Transportation Model can yield some counter intuitive assignmentsof districts to bidders.  In thisexample, the bidders are located in the Bronx and New Jersey.  The lowest responsive, responsible bidder isBidder-1.

 

Bidder-1, located in theBronx near the East River, can accept 50 tons of MSW per day.  Bidder-1’s facility is in District A, whichproduces 40 tons of MSW per day, and next to District B, which produces 10 tonsof MSW a day.  Without theTransportation Model,

 

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assigning these two districtsto Bidder-1 might seem to yield the lowest cost.  This might be the lowest cost for these two districts, but itwould not yield the *lowest total cost* to the City.

 

If each bidder is assignedthe districts closest to them, nearby districts will quickly fill thefacilities near the river.  This mayleave some other districts having to send large amounts of MSW to a facilitythat is miles into New Jersey.  Becausethese loads would have to go a very long distance and require crews to workoffshift, such deliveries would raise the *total cost*to the City significantly,wiping out any savings achieved by assigning District A and District B toBidder-1.

 

The Transportation Modelconsiders such factors, and sends District A and District B to a more distantfacility and two other districts with 25 tons each to Bidder-1, resulting inthe *lowesttotal cost*to the City.

 

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**EXHIBIT 3**

 

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**New York City Department ofSanitation Transportation Model**

 
|                   |   | **HEIGHT**       |   | **LENGTH**       |   | **WIDTH**       |   | **TURNING  RADIUS**                    |   | **TARE  WEIGHT** |   | **EXTENDED  HOPPER  DUMP  POSITION** |   | **WHEEL  BASE**  |   | **LENGTH  FOR  SCALE** |   |
|------------------------|--------|------------------|--------|------------------|--------|-----------------|--------|----------------------------------------|--------|------------------|--------|--------------------------------------|--------|------------------|--------|------------------------|--------|
| COLL. TK. ALLEY 10 YD. |   | 11’ 2” |   | 21’10” |   | 7’ 4” |   | 27’ 1”                       |   | 10.0             |   | 16’ 3”                     |   | 10’ 0” |   | 13’ 6”       |   |
| COLL. TK. ALLEY 20 YD. |   | 10’ 8” |   | 26’ 9” |   | 8’ 6” |   | 27’ 8”                       |   | 12.9             |   | 16’ 8”                     |   | 13’ 7” |   | 17’ 6”       |   |
| COLL. CABLE TK. 25 YD. |   | 11’ 6” |   | 32’ 8” |   | 8’ 9” |   | 29’ 0”                       |   | 19.2             |   | 21’ 0”                     |   | 15’ 1” |   | 21’ 0”       |   |
| COLL. BPX TK. 25 YD.   |   | 11’ 6” |   | 34’10” |   | 8’10” |   | 29’ 0”                       |   | 21.7             |   | 17’11”                     |   | 15’ 1” |   | 21’ 0”       |   |
| COLL. TK. 20 YD.       |   | 11’ 3” |   | 29’ 9” |   | 8’10” |   | 26’6” – 29’0” |   | 15.9 – 16.3 |   | 17’ 7”                     |   | 14’ 6” |   | 17’ 8”       |   |
| COLL. TK. 25 YD.       |   | 11’ 6” |   | 34’ 7” |   | 8’10” |   | 29’0” – 34’2” |   | 18.3 – 19.5 |   | 18’ 0”                     |   | 15’ 4” |   | 21’ 0”       |   |
| DUMP TK 16 YD.         |   | 10’ 0” |   | 29’10” |   | 8’ 7” |   | <45’                           |   | 14.7             |   | 18’ 6”                     |   | 18’ 6” |   | 24’ 0”       |   |
| DUMP TK 18 YD.         |   | 10’ 5” |   | 29’10” |   | 8’ 7” |   | 40’ 4”                       |   | 14.9             |   | 18’ 8”                     |   | 18’ 6” |   | 25’ 0”       |   |
| DUMP TK 20 YD.         |   | 9’ 6”  |   | 20’ 4” |   | 8’ 5” |   | 40’ 4”                       |   | 15.0             |   | 18’10”                     |   | 18’ 7” |   | 25’ 0”       |   |
| E.Z. PACKS             |   | 12’ 7” |   | 32’ 4” |   | 8’ 8” |   | 34’ 0”                       |   | 18.7             |   | 15’10”                     |   | 17’ 6” |   | 23’ 4”       |   |
| RO/RO                  |   | 11’ 0” |   | 36’ 0” |   | 9’ 0” |   | <48’                           |   | 16.2             |   | 16’ 6”                     |   | 21’ 7” |   | 28’ 0”       |   |
| TRACTOR TRAILER        |   | 11’ 0” |   | 61’10” |   | 8’ 8” |   | <40’                           |   | 32.1             |   | N/A                                  |   | 42’ 6” |   | 56’ 0”       |   |

 

EXHIBIT

 

----

**EXHIBIT 4**

 

[Tables and Charts Showing the Variations in Tonnage Delivered to thePrivate Transfer StationsDuring Fiscal Year 2002]

 

----

**EXHIBIT 5**

 

----

 
| **A.       Department Truck Upload**     |   |            |
|------------------------------------------------------------------------|--------|-----------------|
|                                                                   |   |            |   |   |   |   |   |   |
| (1)                                                                    |   | Record Type     |   | 1-1 |   | A1 |   | ‘D’  (department truck) |
| (2)                                                                    |   | Dump Date       |   | 2-9 |   | N8 |   | yyymmdd  (=out date) |
| (3)                                                                    |   | Dump time       |   | 10-15 |   | N6 |   | hhmmss (=out  date) |
| (4)                                                                    |   | Load Number     |   | 16-19 |   | N4 |   | 0001-1000  (manual load |
|                                                                   |   |            |   |   |   |   |   | 1001-9000 (computer load) |
| (5)                                                                    |   | Weight Type     |   | 20 |   | N1 |   | 1=computer  actual |
|                                                                   |   |            |   |   |   |   |   | 2=entered  (from scale readout)/man |
|                                                                   |   |            |   |   |   |   |   | 3=entered  stat w. est. Net wgt/man |
| (6)                                                                    |   | Laden Weight    |   | 21-25 |   | N5 |   | in pounds |
| (7)                                                                    |   | Timestamp In    |   | 26-39 |   | N14 |   | yyyymmddhhmmss |
| (8)                                                                    |   | Unladen Wgt     |   | 40-44 |   | N5 |   | in pounds |
| (9)                                                                    |   | Receipt  Number |   | 45-51 |   | N7 |   |   |
| (10)                                                                   |   | Scale ID        |   | 52-55 |   | A4 |   | to be  determined |
| (11)                                                                   |   | Weigmaster  ID  |   | 56-61 |   | A6 |   |   |
| (12)                                                                   |   | Net Weight      |   | 62-65 |   | N4 |   | in tons  99v99 (for weight type=3 only) |
| (13)                                                                   |   | Truck ID        |   | 66-72 |   | A7 |   | xxxx999 |
| (14)                                                                   |   | Material  Type  |   | 73-74 |   | N2 |   |   |
| (15)                                                                   |   | Filler          |   | 75-150 |   | A76 |   | blanks |
|                                                                   |   |            |   | Total |   | 150 |   |   |
|                                                                   |   |            |   |   |   |   |   |   |
| **B.       Non-Department Truck Upload** |   |            |
|                                                                   |   |            |
| (1)                                                                    |   | Record Type     |   | 1-1 |   | A1 |   | ‘N’ (non-DS  truck) |
| (2)                                                                    |   | Dump Date       |   | 2-9 |   | N8 |   | yyyymmdd  (=out date) |
| (3)                                                                    |   | Dump time       |   | 10-15 |   | N6 |   | hhmmss (=out  date) |
| (4)                                                                    |   | Load Number     |   | 16-19 |   | N4 |   | 0001-1000  (manual load) |
|                                                                   |   |            |   |   |   |   |   | 1001-9000 (computer load |
| (5)                                                                    |   | Weight Type     |   | 20-20 |   | N1 |   | 1=computer  actual |
|                                                                   |   |            |   |   |   |   |   | 2=entered  (from scale readout)/man |
|                                                                   |   |            |   |   |   |   |   | 3=entered  stat w. est. Net wgt/man |
| (6)                                                                    |   | Laden Weight    |   | 21-25 |   | N5 |   | in pounds |
| (7)                                                                    |   | Timestamp In    |   | 26-39 |   | N14 |   | yyyymmddhhmmss |
| (8)                                                                    |   | Unladen Wgt     |   | 40-44 |   | N5 |   | in pounds |
| (9)                                                                    |   | Receipt  Number |   | 45-51 |   | N7 |   |   |
| (10)                                                                   |   | Scale ID        |   | 52-55 |   | A4 |   | to be  determined |
| (11)                                                                   |   | Weigmaster  ID  |   | 56-61 |   | A6 |   |   |
| (12)                                                                   |   | Net Weight      |   | 62-65 |   | N4 |   | in tons  99v99 (for weight type=3 only) |
| (13)                                                                   |   | Account Type    |   | 66-67 |   | A2 |   |   |
| (14)                                                                   |   | Permit  Number  |   | 68-72 |   | A5 |   |   |
| (15)                                                                   |   | Cubic Yards     |   | 73-74 |   | N2 |   |   |
|                                                                        |        |                 |  |  |  |  |  |  |  |  |  |  |  |

 

----

 
| (16)   |   | Badge Number      |   | 75-79   |   | N5     |   |                                          |
|--------|--------|-------------------|--------|---------|--------|--------|--------|-----------------------------------------------|
| (17)   |   | Badge Entry  Code |   | 80-80   |   | A1     |   | ‘S’=scanned,  ‘e’=entered |
| (18)   |   | Project Code      |   | 81-83   |   | N3     |   | when  applicable                              |
| (19)   |   | License  Plate    |   | 84-93   |   | A10    |   |                                          |
| (20)   |   | Container ID      |   | 94-103  |   | A10    |   |                                          |
| (21)   |   | Filler            |   | 104-150 |   | A47    |   | blanks                                        |
|   |   |              |   | Total   |   | 150    |   |                                          |
|   |   |              |   |    |   |   |   |                                          |

 

Note:      Common data inpositions 2-65, application specific in positions 1 and 1-150

 

----

**EXHIBIT 6**

 

[Delivery Receipt]

 

----

**EXHIBIT 7**

 

[Contractor’s Invoice]

 

----

 

**MODULE D:**

 

**SERVICE AND SUPPLY AGREEMENT**

 

**TERMS OF THE AGREEMENT**

 

----

 

**SUPPLY ANDSERVICE AGREEMENT - NEW YORK CITY DEPARTMENT OF SANITATION**

 

**TABLE OF CONTENTS**

 
| ARTICLE  1 - THIS AGREEMENT AND ITS DEFINITIONS        |   |
|--------------------------------------------------------|--------|
|                                                   | 1.1    | Parts  of the Contract |   |
|                                                   | 1.2    | Conflicts |   |
|                                                   | 1.3    | Definitions |   |
|                                                   |   |
| ARTICLE  2 - PERIOD OF PERFORMANCE AND TIME PROVISIONS |   |
|                                                   |   |   |
| ARTICLE 3 - SCOPE  OF CONTRACT WORK                    |   |
|                                                   | 3.1    | Contract Work to be  Performed |   |
|                                                   | 3.2    | Contract  Changes |   |
|                                                   |   |
| ARTICLE 4 -  PAYMENT AND LIQUIDATED DAMAGES            |   |
|                                                   |   |   |
| ARTICLE 5 -  LIABILITY OF CONTRACTOR                   |   |
|                                                   | 5.1    | General  Liability |   |
|                                                   | 5.2    | Protection of City Property |   |
|                                                   | 5.3    | Infringements |   |
|                                                   | 5.4    | Indemnification |   |
|                                                   |   |   |
| ARTICLE  6 - INSURANCE, PAYMENT AND PERFORMANCE BONDS  |   |
|                                                   | 6.1    | Performance And Payment  Bonds (When Called For by the Solicitation Documents) |   |
|                                                   | 6.2    | Insurance Agreements in  General |   |
|                                                   | 6.3    | Retained  Percentage If Required in Schedule A |   |
|                                                   |   |   |
| ARTICLE 7 -  PROVISIONS RELATING TO LABOR              |   |
|                                                   | 7.1    | Supervision by Contractor |   |
|                                                   | 7.2    | Prohibited Acts |   |
|                                                   | 7.3    | Notice  of Labor Disputes |   |
|                                                   | 7.4    | New  York State Labor Law |   |
|                                                   | 7.5    | Minimum Wage And  Working Conditions |   |
|                                                   | 7.6    | Non-Discrimination (E.O.  50) |   |
|                                                   | 7.7    | Equal Employment And  Affirmative Action Compliance for Non-Construction Consultants |   |
|                                                   | 7.8    | City  Administrative Code Non-discrimination Requirements |   |
|                                                   |   |
| ARTICLE 8 - BOOKS AND  RECORDS                         |   |
|                                                   | 8.1    | Maintenance |   |
|                                                   | 8.2    | Retention  of Records |   |
|                                                   | 8.3    | No Removal of  Records From Premises |   |
|                                                   | 8.4    | Audit  by DSNY And the City |   |
|                                                        |        |  |  |  |

 

D-i

----

 
| ARTICLE 9 -  REPRESENTATIONS AND WARRANTIES                                |   |
|----------------------------------------------------------------------------|--------|
|                                                                       | 9.1    | Procurement  of Contract |   |
|                                                                       | 9.2    | Conflict  of Interest |   |
|                                                                       | 9.3    | Fair Practice |   |
|                                                                       |   |   |
| ARTICLE 10 -  COVENANTS OF THE CONTRACTOR                                  |   |
|                                                                       | 10.1   | Employees of the Contractor |   |
|                                                                       | 10.2   | Independent Contractor  Status |   |
|                                                                       | 10.3   | Confidentiality |   |
|                                                                       | 10.4   | Compliance  With Law |   |
|                                                                       | 10.5   | Investigation  Clause |   |
|                                                                       | 10.6   | Assignment of this  Contract |   |
|                                                                       | 10.7   | Subcontracting |   |
|                                                                       | 10.8   | Publicity |   |
|                                                                       | 10.9   | Participation  in an International Boycott |   |
|                                                                       | 10.10  | Inventions,  Patents And Copyrights |   |
|                                                                       | 10.11  | Anti-trust |   |
|                                                                       | 10.12  | Political  Activity |   |
|                                                                       | 10.13  | Clean  Air Provisions |   |
|                                                                       |   |   |
| ARTICLE  11 - TERMINATION                                                  |   |
|                                                                       | 11.1   | Termination for Convenience |   |
|                                                                       | 11.2   | Termination  for Cause |   |
|                                                                       | 11.3   | Conversion  of Termination for Cause to Termination for Convenience |   |
|                                                                       | 11.4   | Termination  Generally |   |
|                                                                       |   |
| ARTICLE  12 - RESOLUTION OF DISPUTE ARISING OUT OF CONTRACT ADMINISTRATION |   |
|                                                                       |   |
| ARTICLE 13 - MISCELLANEOUS                                                 |   |
|                                                                       | 13.1   | Choice of Law,  Consent to Jurisdiction and Venue |   |
|                                                                       | 13.2   | General Release |   |
|                                                                       | 13.3   | Claims and Actions Thereon |   |
|                                                                       | 13.4   | No  Claim Against Officers, Agents or Employees |   |
|                                                                       | 13.5   | Waiver |   |
|                                                                       | 13.6   | Notice |   |
|                                                                       | 13.7   | All Legal  Provisions Deemed Included |   |
|                                                                       | 13.8   | Severability |   |
|                                                                       | 13.9   | Section Headings |   |
|                                                                       | 13.10  | No Estoppel |   |
|                                                                       |   |
| ARTICLE  14 - APPROVALS                                                    |   |
|                                                                       | 14.1   | Approval by the City  of New York |   |
|                                                                       | 14.2   | Contract  Subject to Review by the Financial Control Board |   |
|                                                                       | 14.3   | Other Approvals or  Authorization |   |
|                                                                            |        |  |  |  |

 

D-ii

----

 
| ARTICLE  15 - CONTRACT SUBJECT TO THE PPB RULES |   |
|-------------------------------------------------|--------|
|                                            |   |
| ARTICLE 16 - ENTIRE  AGREEMENT                  |   |
|                                            |   |
| ARTICLE 17 - MACBRIDE  PRINCIPALS               |   |

 

D-iii

----

 

**DEPARTMENT OF SANITATIONCITY OF NEW YORKSUPPLY AND SERVICE AGREEMENT**

 

**THIS CONTRACT**madeand entered into this19 day of September, 2003 by and between the City of NewYork acting by and through the Department of Sanitation (“**DSNY**”), located at 125 WorthStreet, New York, N.Y. 10013, Room 710, and (the “**Contractor**”) IESI NY CORPORATIONlocated at 2 Commerce St., Bayonne, NJ 07002.

 

**WITNESSETH:**

 

The parties in consideration ofthe mutual agreements contained in this Agreement, agree as follows:

 

**ARTICLE 1 - THIS AGREEMENT AND ITS DEFINITIONS**

 

**1.1****         ****Parts of the Contract**

 

Exceptfor titles, subtitles, headings, section headings, tables of contents, andindexes (all of which are printed in this Agreement and any other documentincluded in the Contract merely for convenience) the following, except for suchportions thereof as may be specifically excluded, are part of the Contract:

 
| 1.1.1  |   | This Agreement and all of its exhibits;                                                                                         |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                            |
| 1.1.2  |   | The Advertisement;                                                                                                              |
|   |   |                                                                                                                            |
| 1.1.3  |   | The Information for Bidders;                                                                                                    |
|   |   |                                                                                                                            |
| 1.1.4  |   | All Addenda issued by the Commissioner prior to the receipt of bids;                                                            |
|   |   |                                                                                                                            |
| 1.1.5  |   | The Bid;                                                                                                                        |
|   |   |                                                                                                                            |
| 1.1.6  |   | The General Conditions;                                                                                                         |
|   |   |                                                                                                                            |
| 1.1.7  |   | **Schedule  A**;                                                                                                                |
|   |   |                                                                                                                            |
| 1.1.8  |   | The Scope of Work (which may also be referred to as the  Specifications), included in the solicitation package as **Module C**; |
|   |   |                                                                                                                            |
| 1.1.9  |   | The Contract Drawings (if any);                                                                                                 |

 

D-1

----

 
| 1.1.10 |   | The Procurement Policy Board Rules of the City, as amended.  In the event of a conflict between the  Procurement Policy Board Rules and any other provision of this Contract the  Procurement Policy Board Rules shall take Precedence. |
|--------|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                         |
| 1.1.11 |   | All provisions required by law to be inserted in this Contract,  whether actually inserted or not;                                                                                                                                           |
|   |   |                                                                                                                                                                                                                                         |
| 1.1.12 |   | The Budget Director’s Certificate or Mayor’s Certificate as to  funding;                                                                                                                                                           |
|   |   |                                                                                                                                                                                                                                         |
| 1.1.13 |   | Payment and Performance Bonds, if required by the solicitation;                                                                                                                                                                              |

 

D-2

----

 
| 1.3.10 |   | **City  Chief Procurement Officer. **The New York City Chief Procurement  Officer, the person delegated authority by the Mayor of the City of New York  to coordinate and oversee procurement activities within mayoral agency staff  including the Agency Chief Contracting Officers (ACCOs) and any offices which  have oversight responsibility for the procurement of construction, computer  and computer services.                                                                                |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
| 1.3.11 |   | **City.**   The City of New York.                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
| 1.3.12 |   | **Commissioner. **The Commissioner of Sanitation of the City of New  York, or his or her authorized representative.                                                                                                                                                                                                                                                                                                                                                                                     |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
| 1.3.13 |   | **Comptroller.**   The Comptroller of the City of New York or his or her duly authorized  representative.                                                                                                                                                                                                                                                                                                                                                                                               |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
| 1.3.14 |   | **Contract.**   A written agreement between the City and a supplier, in an amount  generally in excess of the small purchase limits, that gives rise to  obligations that are enforced and recognized by law.  The parts of this Contract are listed in  Section 1.1 of this Agreement.                                                                                                                                                                                                       |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
| 1.3.15 |   | **Contract  Drawings.**  Those drawings specifically entitled as  such and listed in the Specifications or in any addendum, or any detailed  drawings furnished in connection with this Contract.                                                                                                                                                                                                                                                                                                       |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
| 1.3.16 |   | **Contract  Modification.**  Any alteration in specifications, delivery  point, rate of delivery, period of performance, price, quantity, or other  provisions of any contract signed and approved by the proper authorities, as  required by law or rule.  It must be  written, and, if required, approved by Corporation Counsel.  In addition, all contract changes, change  orders, amendments, modifications and time extension shall be presented to  the Comptroller for registration. |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
| 1.3.17 |   | **Contract  Work.**  Everything required to be provided and  performed by the Contractor under this Contract, as more particularly set out  in the Specifications, including, but not limited to, work, services and  supplies.                                                                                                                                                                                                                                                                         |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
| 1.3.18 |   | **Contracting  Officer.**  Any person duly authorized to enter into  or to administer contracts and make written determinations with respect  thereto. The term also includes an authorized representative acting within  limits of authority.                                                                                                                                                                                                                                                          |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
| 1.3.19 |   | **Contractor.**   The entity that has contracted with DSNY to perform this Contract, its  successors, personal representatives, executors, administrators, assigns, and  any successor contractor that is substituted for the Contractor to which this  Contract was initially awarded.  Although  the Contractor may be a corporation, a firm, a consultant, an individual, or  a joint venture, the neutral                                                                                      |

 

D-3

----

 
|   |   | pronoun it is used to refer to the Contractor in this Agreement when  a pronoun is appropriate.                                                                                                                                                                                                                                                                                                                     |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.20 |   | **Detailed  Specifications. **The detailed work requirements tailored  to the Contract and attached in **Module C**.                                                                                                                                                                                                                                                                                           |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.21 |   | **DSNY. **The Department of Sanitation of the City of New  York, acting by and through the Commissioner of the Department of Sanitation  or his or her duly authorized representative.                                                                                                                                                                                                                         |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.22 |   | **Engineer  or Architect. **The DSNY engineer or architect in  charge of the Contract Work.                                                                                                                                                                                                                                                                                                                    |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.23 |   | **E.O.  50. **Executive Order No. 50, dated April 25, 1980.                                                                                                                                                                                                                                                                                                                                                    |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.24 |   | **Final  Acceptance. **Final acceptance of the Contract Work  by the Commissioner, as evidenced by the Commissioner’s signature upon a  certificate of completion and acceptance filed in the Office of the  Comptroller, a copy of which will be sent to the Contractor.  Final Acceptance shall be deemed to have taken  place as the date stated in the certificate of completion and acceptance. |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.25 |   | **Information  for Bidders. **The information for bidders attached to  the solicitation package as **Module A**, including the Bid-Specific  Information for Bidders and the Standard Supply and Service Information for  Bidders.                                                                                                                                                                             |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.26 |   | **Law(s). **The Constitution of the State of New York, the New  York City Charter, the New York City Administrative Code, a statute of the  United States or the State of New York, a local law of the City of New York,  and any ordinance, rule or regulation having the force of law.                                                                                                                       |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.27 |   | **Materialman. **Any person, firm or corporation, other than  employees of the Contractor, that contracts with the Contractor or any  subcontractor to fabricate or deliver, or that actually fabricates or  delivers, plants, materials or equipment to be incorporated in the Contract  Work.                                                                                                                |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.28 |   | **May. **Denotes the permissive.                                                                                                                                                                                                                                                                                                                                                                               |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.29 |   | **Must. **Denotes the imperative.                                                                                                                                                                                                                                                                                                                                                                              |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.30 |   | **Notice  of Dispute. **A notice from the Contractor to the  Commissioner notifying DSNY of the existence of a dispute.                                                                                                                                                                                                                                                                                        |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.31 |   | **Notice  to Commence Work. **A notice sent by DSNY to the Contractor  directing the Contractor to begin performing the Contract Work.                                                                                                                                                                                                                                                                         |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                |
| 1.3.32 |   | **PPB. **Acronym used to refer to the Procurement Policy  Board.                                                                                                                                                                                                                                                                                                                                               |

 

D-4

----

 
| 1.3.33 |   | **Procurement  Policy Board. **A board appointed by the Mayor and  Comptroller pursuant to Section 311 of the New York City Charter, having  authority and oversight with regard to the implementation of Chapter 13 of  the New York City Charter and related statutes, codes, regulations, etc.                                                                                                                                                                                              |
|--------|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| 1.3.34 |   | **Schedule  A. **A list of Contract-specific information, including  (as applicable), but not limited to: (a) the term of this Contract; (b)  insurance requirements; (c) bid security requirements; (d) payment, and  performance security requirements; (e) retention provisions; (f) liquidated  damages provisions; (g) subcontracting provisions; and (h) other requirements  specific to this Contract.                                                                                       |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| 1.3.35 |   | **Scope  of Work. **The detailed work requirements attached  as **Module  C**, which may also be referred to as the Specifications.  The terms Specifications and Scope of Work  are used interchangeably.                                                                                                                                                                                                                                                                                     |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| 1.3.36 |   | **Shall. **Denotes the imperative.                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| 1.3.37 |   | **Site. **An area upon which, or in which, the Contractor  performs the Contract Work, and such other adjacent areas as may be  designated by DSNY.                                                                                                                                                                                                                                                                                                                                                 |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| 1.3.38 |   | **Solicitation  Documents. **The entire package of documents that is  issued for the purpose of soliciting bids or proposals to enter into a  Contract with DSNY.                                                                                                                                                                                                                                                                                                                                   |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| 1.3.39 |   | **Specifications. **All the directions, requirements and standards of  performance applying to the Contract Work detailed in this Contract,  including, but not limited to, some or all of the following: (a) the Detailed  Specifications; (b) any special provisions; (c) any general specifications  and provisions applicable to work of the type called for in this Contract;  and (d) Contract Drawings (if any).   The terms Specifications and Scope of Work are used interchangeably. |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| 1.3.40 |   | **Supplier  or supplier. **See Contractor.                                                                                                                                                                                                                                                                                                                                                                                                                                                          |

 

**ARTICLE 2 - PERIOD OF PERFORMANCE ANDTIME PROVISIONS**

 

The period of performance ofthis Contract is as shown in **Schedule A**, and/or the Specifications,commencing on the date shown in DSNY’s written Notice to Commence Work.

 

**ARTICLE 3 - SCOPE OF CONTRACT WORK**

 

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**3.1****         ****Contract Work to bePerformed**

 

The Contractor agrees toperform all the Contract Work as set forth in the Solicitation Documents andthe Contractor’s bid or proposal submitted in response to the SolicitationDocuments.

 

**3.2****         ****Contract Changes**

 
| 3.2.1  |   | Changes may be made to this Contract only as duly authorized by the  ACCO or his or her designee.   Contractors deviating from the requirements of an original purchase  order or this Contract without a duly approved Change Order or written  Contract modification or Contract amendment do so at their own risk.  All Changes Orders, Contract modifications  and Contract amendments will become a part of this original Contract.  Any extra work so ordered by DSNY must be  performed by the Contractor.  Contract  changes will be made only for extra work and services necessary to complete  the Contract Work included in the original scope of this Contract, and for  non-material changes to the scope of the Contract Work.  Contract changes are not permitted for any  material alteration in the scope of the Contract Work.  Contract changes may include any Contract  revision deemed necessary by the Agency Chief Contracting Officer. |
|--------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           |
| 3.22   |   | The Contractor may be entitled to a price adjustment for extra work  performed or to be performed pursuant to a written change order.  If any part of the contract work is  necessarily delayed by a change order, the Contractor may be entitled to an  extension to time for performance.   Adjustments to price shall be validated for reasonableness by using  appropriate price and cost analysis.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           |
| 3.2.3  |   | Any changes in contract amount due to authorized additional or  omitted work require appropriate price and cost analysis to determine  reasonableness.  In addition, except  for non-construction requirements contracts, all changes that cumulatively  exceed the greater of 10% of the original contract amount or $100,000 shall  be approved by the CCPO.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            |

 

**ARTICLE 4 - PAYMENT AND LIQUIDATEDDAMAGES**

 

4.1           The City agrees to pay and the Contractor agrees toaccept, as full consideration for the complete and satisfactory performance ofthe Contract Work required under this Contract, the amount set forth in its bid(as it may have been adjusted pursuant to the PPB Rules).  Payment(s) shall be made within 30 daysafter the filing with the Comptroller of voucher(s) for such payment(s).  The Commissioner shall file such voucher(s)with the Comptroller within 30 days after the receipt of invoices for suchpayment(s).  In the event any items inthe filing may be questioned or disputed by the Commissioner, these items maybe deleted from the billing until their resolution and the remainder of thebilling shall be processed within the above period(s).

 

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4.2           The Contractor shall submit numbered invoices forpayment in accordance with the payment schedule established in theSpecifications.  Such invoices shall setforth the Contract Work for which payment is requested, and approval thereof byDSNY shall be a prerequisite to payment. All payment shall be subject to such provisions for set off as may beset forth in this Agreement and in the Specifications.

 

4.3           Payments shall be made out of such monies as may bereserved by the Comptroller for the purpose provided in this Contract.  This Contract and all payments under thisContract shall be subject to audit by DSNY and post audit by the Comptroller inaccordance with the New York City Charter and Administrative Code.  The City is exempt from the payment of anyfederal, New York State, and City sales or excise taxes.

 

**4.4**          **Pricing**

 
| 4.4.1  |   | The Contractor shall, whenever required during this Contract,  including but not limited to the time of bidding or proposing, submit cost or  pricing data and formally certify that, to the best of its knowledge and  belief, the cost or pricing data submitted was accurate, complete, and  current as of a specified date.  The  Contractor shall be required to keep its submission of cost and pricing data  current until this Contract has been completed. |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| 4.4.2  |   | The price of any Change Order or Contract modification or Amendment  subject to the conditions of Section 4.6.1 shall be adjusted to exclude  any significant sums by which the City finds that such price was based on  cost or price data furnished by the supplier which was inaccurate,  incomplete, or not current as of the date agreed upon between the parties.                                                                                             |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| 4.4.3  |   | Time for Certification.   The Contractor must certify that the cost or pricing data submitted  are accurate, complete, and current as of a mutually determined date.                                                                                                                                                                                                                                                                                                |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| 4.4.4. |   | Refusal to Submit Data.   When any Contractor refuses to submit the required data to support a  price, the Contracting Officer shall not allow the price.                                                                                                                                                                                                                                                                                                           |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| 4.4.5  |   | Certificate of Current Cost or Pricing Data.   Form of Certificate.  In those  cases when cost or pricing data is required, certification shall be made using  a certificate substantially similar to the one contained in the PPB Rules,  and such certification shall be retained in the Agency Contract File.                                                                                                                                               |

 

**4.5**          **Most Favorable Customer Clause****:**The Contractor warrants and represents that the prices, warranties, conditions,benefits and terms set forth in this Contract are at least equal to or morefavorable to the City than the prices, warranties, benefits and terms nowcharged or offered by the Contractor, or that may be charged or offered by theContractor for the same or substantially similar products as described in thisContract.  If at any time from the bidopening date until final acceptance has been made under this Contract, theContractor provides prices, warranties, benefits, terms more favorable than those

 

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provided to theCity under this Contract, then the Contractor shall promptly thereafter notifythe City of such fact and take such steps to amend this Contract to the changedmore favorable prices, warranties, conditions, benefits or terms, provided thatthe City shall have the right and option to decline any such change(s).  If the Contractor is of the opinion thatapparently more favorable price, warranty, benefit or terms charged or offereda customer during the time indicated above is not in fact more favoredtreatment, the Contractor will promptly notify the Commissioner in writingsetting forth in detail the reason that it believes said apparently morefavored treatment is not in fact more favored treatment.

 

**4.6**          **Assessment of Liauidated Damages****:**If provided for in either the Scope of Work or in **Schedule A**, liquidateddamages for failure to perform the Contract Work in compliance with the termsof this Contract shall be assessed by DSNY against the Contractor in accordancewith those provisions for the period(s) (day, hour, etc.), or a fractionthereof, given in the Scope of Work and/or in **Schedule A. **In view of the difficulty of accurately ascertainingthe loss which the City will suffer because of a failure to perform and/orcomplete the Contract Work, liquidated damages, in the amount set forth in theScope of Work and/or in **Schedule A**, are fixed and agreed upon asliquidated damages and not as a penalty.

 

Liquidated damages receivedunder this Contract are not intended to be, nor shall they be treated as,either a partial or full waiver or discharge of the City’s right toindemnification under Section 5.4, of the Contractor’s obligation toindemnify the City, or of any other remedy provided for by this Contract or byLaw.

 

The Comptroller will deductand retain out of the monies which may become due under this Contract theamount of any such liquidated damages. In case the amount of liquidated damages which may become due are lessthan the damages suffered by the City, the Contractor will be liable to pay thedifference upon demand by DSNY.

 

**4.7**          **Right of Setoff****:**  The City and DSNY shall have the right ofsetoff against any unpaid amount due to the Contractor under this Contract orany other agreement between DSNY and the Contractor as a partial remedy for anyof the Contractor’s breaches of any representation, warranties, or agreementsset forth in this Contract, including but not limited to the performance of theContract Work.  This right of setoffshall survive the termination of this Contract.

 

**4.8****         ****PromptPayment****:** The Prompt Payment provisions set forth in the PPB Rules in effect atthe time of this solicitation will be applicable to payments under thisContract.  The provisions require the paymentto contractors of interest on payments made after the required payment dateexcept as set forth in the applicable sections of the PPB Rules.  The Contractor must submit a proper invoiceto receive payment, except where this Contract provides that the Contractorwill be paid at predetermined intervals without having to submit an invoice foreach scheduled payment.  Determinationsof interest due will be made in accordance with the provisions of the PPB Rulesand General Municipal Law 3-a.

 

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**ARTICLE 5 -LIABILITY OF CONTRACTOR**

 

**5.1****         ****General Liability**

 
| 5.1.1  |   | The Contractor shall be solely responsible for all physical injuries  or death to its agents, servants, or employees or to any other person and for  all damage to any property sustained during its operations and Contract Work  under this Contract resulting from any act of omission or commission or error  in judgment of any of its officers, trustees, employees, agents, servants, or  independent contractors.  The  Contractor shall be solely responsible for the safety and protection of all  of its employees whether due to the negligence, fault or default of the  Contractor or not.                                                                                                |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
| 5.1.2  |   | In the event that any claim is made or any action is brought against the  City arising out of negligence or careless acts or any employee of the  Contractor either within or without the scope of his or her employment, or  arising out of the Contractor’s negligent performance of this Contract, or  any act included in Section 5.1.1, above, then the City shall have the  right to withhold further payments hereunder for the purpose of set-off in  sufficient sums to cover that claim or action.  The rights and remedies of the City provided for in this clause  shall not be exclusive and are in addition to any other rights and remedies  provided by law or this Contract. |

 

**5.2****         ****Protection of CityProperty**

 
| 5.2.1  |   | The Contractor assumes the risk of, and shall be responsible for any  loss or damage to City property, including property and equipment leased by  the City, used in the performance of this Contract, and caused, either  directly or indirectly, by the acts, conduct, omissions or lack of good faith  of the Contractor, its officers, managerial personnel employees, or any  person, firm, company, agent or others engaged by the Contractor as expert,  consultant, specialist or subcontractor hereunder. |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
| 5.2.2  |   | In the event any such City property is lost or damaged except for  normal wear and tear, or to the extent that such property is consumed in the  performance of this Contract, then the City shall have the right to withhold  further payments hereunder for the purpose of set-off in sufficient sums to  cover such loss or damage.                                                                                                                                                                             |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
| 5.2.3  |   | The Contractor agrees to indemnify the City and hold it harmless from  any and all liability or claim for damages due to any such loss or damage to  any such City property described in Section 5.1.1 above.                                                                                                                                                                                                                                                                                                 |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
| 5.2.4  |   | The rights and remedies of the City provided in this Agreement shall  not be exclusive and are in addition to any other rights and remedies  provided by law or by agreement.                                                                                                                                                                                                                                                                                                                                      |

 

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| 5.2.5 |   | If City property is lost, damaged or destroyed as result of the  operations of the Contractor or its subcontractors, in the performance of  this Contract, or from its or their failure to comply with any of the  provisions of this Contract, or by law, the Contractor shall indemnify and  hold the City harmless from any and all costs and expense which the City may  be subjected to which it may suffer or incur by reason thereof. |
|-------|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

**5.3****         ****Infringements**

 

The Contractor shall beliable to DSNY and hereby agrees to indemnify and hold DSNY harmless for anydamage or loss or expense sustained by DSNY from any infringement by theContractor of any copyright, trademark or patent rights of design, system,drawings, graphs, charts, specifications or printed matter furnished or used bythe Contractor in the performance of this Contract.

 

**5.4****         ****Indemnification**

 

To the maximum extentpermitted by law, the Contractor covenants that it will protect, indemnify, andhold DSNY harmless from and against all liabilities, actions, damages, claims,demands, judgments, losses, costs, expenses, suits or actions for personalinjury to, or death of, any person or persons, or loss or damage to propertycaused by: (a) the breach by the Contractor of any of its representations,warranties, or agreements contained in this Agreement including misstatementsin filings relied upon for award; (b) the performance or non-performance of theContractor’s obligations under this Contract; (c) the negligent or intentionalacts or omissions of the Contractor, its officers, trustees, employees, agents,servants, or independent contractors. The Contractor shall promptly notify DSNY of the assertion of any claimagainst which such other party is indemnified hereunder, shall give the otherparty the opportunity to defend such claim, and shall not settle such claimwithout the written approval of the City’s Corporation Counsel.  The indemnification established under thisSection shall not preclude any remedies at law or in equity and shallsurvive the termination of this Contract.

 

**ARTICLE 6 -INSURANCE****, PAYMENT AND PERFORMANCE BONDS**

 

**6.1****         ****Performance And PaymentBonds****(When Called For by the SolicitationDocuments)**

 
| 6.1.1 |   | The Contractor shall, prior to or at the same time of execution of  this Contract, deliver to the City a performance bond and a payment bond as  security for the payment of all persons performing labor or furnishing  material in connection with this Contract, if payment and performance  bonds are required in **Schedule A**.  The payment and performance bonds must have as surety a surety  company or surety companies that are licensed by the State of New York,  authorized to do business in the State of New York and approved by DSNY.  The payment and performance bonds shall be  in the amount specified |
|-------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

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|   |   | in **Schedule A** and must be in the form included in the  Invitation for Bid package.                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
| 6.1.2  |   | In lieu of a payment and performance bonds, a Contractor may deposit  with the Comptroller money, or obligations of the City which the Comptroller  shall approve as of equal value with the amount of the Performance and  Completion Bond, or a letter of credit in a form acceptable to DSNY through  an institution approved by the City as the Comptroller may deem as  appropriate.                                                                                                                                                                          |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
| 6.1.3  |   | Whenever a Contractor deposits obligations of the City in lieu of a  performance and completion bond (a performance bond) and a labor and material  bond (a payment bond), it shall be with the understanding that the  Comptroller, or his or her successors, may sell and use the proceeds thereof,  for any purpose for which the principal or surety on such bond would be liable  under the terms of this Contract.  If  money is deposited with the Comptroller, the Contractor shall not be entitled  to receive interest on such money from the City. |

 

**6.2****         ****Insurance Agreements in General**

 
| 6.2.1  |   | **Required  Insurance**                                                                                                                                                                                                                                                                                                                                                                                                              |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                 |
|   |   | The  Contractor is required to obtain and to maintain the insurance described in **Schedule A**of the Insurance General Conditions, which is incorporated into  this Contract.  **Schedule A**, and the  Insurance General Conditions that set forth the detailed requirements for  insurance, are incorporated into this Contract as if set forth herein.                                                                      |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                 |
| 6.2.2  |   | **Workers’  Compensation and Disability Benefits**                                                                                                                                                                                                                                                                                                                                                                              |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                 |
|   |   | If  employees engaged in the Contract Work are required to be insured by the  provision of Chapter 615 of the Laws of 1922, the Workers’ Compensation Law,  as amended, this Contract shall be void and of no effect unless the  Contractor secures Workers Compensation Insurance (inclusive of disability  benefits) for the benefit of those employees, and keeps the insurance in  effect during the time of this Contract. |

 

**6.3****         ****Retained Percentage If Required in Schedule A**

 
| 6.3.1 |   | As further security for the faithful performance of this Contract,  the Commissioner shall deduct, and retain, until the substantial completion  of the Contract Work, a percentage as indicated in the **Schedule A**of this  Contract, of the value of Contract Work certified for payment in each partial  payment voucher.  In case of a unit  price contract, the percent retained shall be a |
|-------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

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|   |   | percentage of the estimated amount set forth in **Schedule A** to be paid to  the Contractor under this Contract.                                                                                                                                                                                                                                                                                                                                                       |
|--------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |
| 6.3.2  |   | However, in contracts where full performance and payment bonds are  not furnished as further security for the faithful performance of this  Contract, the Commissioner shall deduct, and retain until the substantial  completion of the Contract Work, 10% of the value of Contract Work certified  for payment in each partial payment voucher, or, in case of a unit price  contract, 10% of the estimated amount to be paid to the Contractor under this  Contract. |

 

**ARTICLE 7 - PROVISIONS RELATING TO LABOR**

 

**7.1****         ****Supervision by Contractor**

 
| 7.1.1  |   | The Contractor shall give its personal supervision to the Contract  Work or have a competent manager, foreman or supervisor satisfactory to the  Commissioner assigned to the Contract Work at all times during performance of  this Contract.                                                                                                                                                                                                                                                                                                                                                                                                   |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 7.12   |   | In the performance of this Contract, the Contractor shall utilize  competent and qualified persons.  All  such persons are the employees of the Contractor and not of the City and the  Contractor shall be responsible for their acts, personal conduct and work.                                                                                                                                                                                                                                                                                                                                                                          |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 7.1.3  |   | All Contract Work shall be performed in a skillful and workman-like  manner.  The Commissioner may require,  and the Contractor agrees to, the removal from the Contract Work of any of  the Contractor’s personnel or its subcontractor’s personnel deemed  incompetent, careless or otherwise objectionable by the Commissioner.  With or without cause, DSNY may cause any  personnel supplied by the Contractor to be removed from the Contract Work by  notifying the Contractor by phone that DSNY desires such removal.  The Contractor agrees to remove the  identified personnel upon receipt of notification. |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 7.1.4  |   | DSNY shall have the right to have representatives of DSNY, the City  and State of New York, or the federal government present at the Site to  observe the Contract Work being performed.                                                                                                                                                                                                                                                                                                                                                                                                                                                         |

 

**7.2****         ****ProhibitedActs**

 

The Contractor shall notemploy any labor, or utilize materials or means which employment or utilizationduring the course of this Contract may in any way tend to cause or result instrikes, work stoppage, delays, suspensions of Contract Work or similartroubles by workmen employed by the Contractor, or by any of the trades workingin or about the buildings and premises where Contract Work is being performedunder this

 

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Contract, or by contractorsor their subcontractors pursuant to other agreements or contracts, or on anyother building premises owned or operated by the City, its agencies,departments, boards or authorities.  Anyviolation by the Contractor of these requirements shall be considered as properand sufficient cause for declaring the Contractor to be in default.

 

**7.3****         ****Notice ofLabor Disputes**

 

Whenever the Contractor hasknowledge that any actual or potential labor dispute is delaying or threatensto delay the timely performances of this Contract, the Contractor shallimmediately give notice to DSNY, including all relevant information withrespect thereto.

 

**7.4****         ****New YorkState Labor Law**

 

The Contractor agrees tocarry out all applicable provisions of the Labor Law of the State of New Yorkin the performance of this Contract.  IfDSNY anticipates that workers whose wages are covered by Labor LawSection 220 or Labor Law Section 231 may perform Contract Work, thosewage rates are included in the Solicitation Documents and are incorporated intothis Contract.  However, if DSNY failsto include those wage rates, and the Contractor has such workers, theContractor must pay those workers the required wage rates.

 

**7.5****         ****Minimum Wage And Working Conditions**

 
| 7.5.1  |   | Except for employees whose minimum wage is required to be fixed  pursuant to Section 220 (d) of the Labor Law of the State of New York,  or persons employed by the Consultant and any subcontractor in the  manufacture or furnishing of the work, labor and services, used in the  performance of this Contract will be paid not less than the federal minimum  wage.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
|--------|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 7.5.2  |   | For any breach or violation of any of the provisions of  Section 7.5.1, the Contractor shall be liable to the City for damages  equal to the amount of any underpayment for wages due to any employee engaged  in the performance of this Contract, which may be withheld from any amounts  due under this Contract or may be recovered in suits brought by the  Corporation Counsel in the name of the City.   Such damages are in addition to damages for any other breach of this  Contract.  In addition, for violation of  this Section 7.5.1, the Commissioner shall have the right to cancel this  Contract and enter into other contracts for the completion of the Contract  Work, charging any additional cost to the Contractor.  All sums withheld or recovered as  deductions, rebates, refunds, or underpayment of wages for violation of the  provisions of this Section 7.5.1 shall be held in a special deposit  account and shall be paid without interest, on order of the City Commissioner  of Labor, directly to the employees who have been paid less than minimum  rates of pay required by Section 7.5.1 and on whose account such sums  were withheld or recovered, |

 

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|   |   | provided  that no claims by employees for such payments shall be entertained unless  made within one year from the date of actual notice to the Contractor of the  withholding or recovery of such sums by the City.                                                                                                                                                                                                                                                                                 |
|--------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |
| 7.5.3  |   | No part of the Contract Work will be performed or rendered by the  Contractor in any plants, factories, buildings or surroundings or working  under conditions which are unsanitary or hazardous or dangerous to the health  and safety of employees engaged in the performance of this Contract.  Compliance with the safety, sanitary and  factory inspection laws of the state in which the Contract Work is to be  performed shall be prima facie evidence of compliance with this Section. |

 

**7.6**          Non-Discrimination (E.O. 50)

 

7.6.1                This Contract is subject to the requirements of Executive Order No. 50(April 25, 1980) (**E.O. 50**) and its implementing rules andregulations.  No Contract will beawarded unless and until such requirements have been complied with in theirentirety.  By signing this Contract the Contractoragrees that it:

 
| 7.6.1.1 |   | will not discriminate against any employee or  applicant for employment because of race, creed, color, national origin, sex,  age, disability, marital status, or sexual orientation with respect to all  employment decisions including, demotion, downgrading, transfer, training,  rates of pay or other forms of compensation, layoff, termination, and all  other terms and conditions of employment; |
|---------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|    |   |                                                                                                                                                                                                                                                                                                                                                                                                       |
| 7.6.1.2 |   | when it subcontracts, will not engage in any  unlawful discrimination in selection of subcontractors on the basis of  owner’s race, color, creed, national origin, sex, age, disability, martial  status or sexual orientation;                                                                                                                                                                       |
|    |   |                                                                                                                                                                                                                                                                                                                                                                                                       |
| 7.6.1.3 |   | will state in all solicitations or advertisements  for employees placed by or on behalf of the Contractor that all qualified  applicants will receive consideration for employment without regard to race,  creed, color, national origin, sex, age, disability, marital status, sexual  orientation;                                                                                                      |
|    |   |                                                                                                                                                                                                                                                                                                                                                                                                       |
| 7.6.1.4 |   | will send to each labor organization or  representative or workers with which it has a collective bargaining agreement  or other contract or memorandum of understanding, written notification of its  equal employment opportunity commitments under E.O. 50 and their implementing  rules and regulations; and                                                                                           |
|    |   |                                                                                                                                                                                                                                                                                                                                                                                                       |
| 7.6.1.5 |   | will furnish all information and reports including  an Employment Report before the award of this Contract that are required by  E.O. 50, its implementing rules and regulations, and orders, of the                                                                                                                                                                                                       |

 

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|   |   | Director of the Division of Labor Services (“**DLS**”),  and will permit access to its books, records, and accounts by DSNY for the  purposes of investigation to ascertain compliance with such for such rules  and regulations for a period of six years after completion of the Contract  Work. |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

7.6.2                The Contractor understands that in the event of itsnoncompliance with the nondiscrimination clauses of this Agreement or with anyof such rules, regulations, or orders, such noncompliance shall constitute amaterial breach of this Contract and noncompliance with E.O. 50 and itsimplementing rules and regulations. After a hearing held pursuant to such rules, the Director of the Officeof Labor Services may direct the imposition by the Commissioner of any or allof the following sanctions:

 

7.6.2.1                         disapproval ofthe Contractor;

 

7.6.2.2                         suspension orTermination of this Contract;

 

7.6.2.3                         declaring theContractor in default; or

 

7.6.2.4                         in lieu of anyof the foregoing sanctions, the Director of Labor Services may impose anEmployment Program.

 

7.6.3                The Contractor agrees to include the provisions of theforegoing Sections in every subcontract or purchase order in excess of $50,000to which it becomes a party unless exempted by E.O. 50 and its implementingrules and regulations, so that such provisions will be binding upon eachsubcontractor.  The Contractor will takesuch action with respect to any subcontract or purchase order as may bedirected by the Director of the Office of Labor Services as a means ofenforcing such provision including sanctions for noncompliance.

 

7.6.4                The Contractor further agrees that it will refrainfrom entering into any contract or contract modification subject to E.O. 50 andits implementing rules and regulations with a subcontractor who is not incompliance with the requirements of E.O. 50 and its implementing rules andregulations.

 

**7.7****         ****Equal Employment And Affirmative****Action Compliance forNon-Construction Consultants**

 

7.7.1                As required bySection 220-e of the New York State Labor Law, the Contractor agrees:

 

7.7.1.1                         that in thehiring of employees for the performance of work under this Contract and anysubcontract hereunder, no contractor, subcontractor, nor any person acting onbehalf of such contractor

 

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or subcontractor shall by reason of race, creed, color,sex, or national origin discriminate against any citizen of the State of NewYork who is qualified and available to perform the work to which the employmentrelates;

 

7.7.1.2                         that nocontractor, subcontractor, nor any person acting on his or her behalf shall, inany manner, shall discriminate against or intimidate any employee hired for theperformance of work under this Contract on account of race, creed, color, sex,or national origin;

 

7.7.1.3                         That there maybe deducted from the amount payable to the Consultant by the City under thisContract a penalty of five hundred dollars ($500) for each person for eachcalendar day during which such a person is discriminated against or isintimidated in violation of the provisions of this Contract; and

 

7.7.1.4                         that thisContract can be canceled or terminated by the City and all monies due or tobecome due hereunder may be forfeited, for a second or any subsequent violationof the terms or conditions of this Section 7.7.1 of the Agreement.

 

7.7.2                The provisions of this Section covering everycontract for or on behalf of the State or a municipality for the manufacture,sale or distribution of materials, equipment or supplies shall be limited tooperations performed within the territorial limits of the State of New York.

 

**7.8**          **City Administrative CodeNon-discrimination Requirements****.**  As requiredby Section 6-108 of the New York City Administrative Code:

 

7.8.1                It shall be unlawful for any person engaged in theconstruction, alteration, or repair of buildings or engaged in the constructionor repair of streets or highways pursuant to a contract with the City orengaged in the manufacture, sale or distribution of materials, equipment orsupplies pursuant to a contract with the City to refuse to employ or to refuseto continue in any employment any person on account of race, color, or creed ofsuch person.

 

7.8.2                It shall be unlawful for any person or any servant,agent, or employee of any person, described in Section 7.8.1 above, toask, indicate or transmit, orally or in writing, directly or indirectly, therace, color, or creed or religious affiliation of any person employed orseeking employment from such person, firm or corporation.

 

7.8.3                Disobedience of the foregoing provisions shall bedeemed a violation of a material provision of this Contract.

 

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7.8.4                Any person, or the employee, manager or owner whoshall violate any of the provisions of this Section 7.8 shall, uponconviction thereof, be punished by a fine of not more than one hundred dollarsor by imprisonment of not more than thirty days, or both.

 

**ARTICLE 8 - BOOKS AND RECORDS**

 

**8.1****         ****Maintenance**

 

The Contractor agrees tomaintain separate and accurate books, records, documents and other evidence andto use accounting procedures and practices which sufficiently and properlyreflect all direct and indirect costs of any nature expended in the performanceof this Contract.

 

**8.2****         ****Retention of Records**

 

The Contractor agrees toretain all books, records, and other documents relevant to this Contract forsix years after the final payment or termination of this Contract whichever islater.  City, New York State, andfederal auditors and any other persons duly authorized by DSNY shall have fullaccess to and the right to examine any of said materials during said period.

 

**8.3****         ****No Removal of Records From Premises**

 

Where performance of thisContract involves use by the Contractor of DSNY papers, files, data or recordsat DSNY facilities or offices, the Contractor shall not remove any such papers,files, data or records therefrom without the prior approval of DSNY’sdesignated official.

 

**8.4****         ****Audit byDSNY And the City**

 

8.4.1                All vouchers or invoices presented for payment to bemade hereunder, and the books, records and accounts upon which said vouchers orinvoices are based are subject to audit by the DSNY and by the Comptrollerpursuant to the powers and responsibilities as conferred upon DSNY and theComptroller by the New York City Charter and Administrative Code of the City ofNew York, as well as all orders and regulations promulgated pursuant thereto.

 

8.4.2                The Contractor shall submit any and all documentationand justification in support of expenditures or fees under this Contract as maybe required by DSNY and the Comptroller so that they may evaluate thereasonableness of the charges and shall make its records available to DSNY andto the Comptroller as they consider necessary.

 

8.4.3                All books, vouchers, records, reports, canceled checksand any and all similar material may be subject to periodic inspection, reviewand audit by the State

 

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of New York, thefederal government and other persons duly authorized by the City.  Such audit may include examination andreview of the source and application of all funds whether from the City, anystate, the federal government, private sources or otherwise.

 

8.4.4                The Contractor shall not be entitled to final paymentunder this Contract until all requirements have been satisfactorily met.

 

**ARTICLE 9 - REPRESENTATIONS AND WARRANTIES**

 

**9.1**          Procurement of Contract

 

9.1.1                The Contractor represents and warrants that no personor selling agency has been employed or retained to solicit or secure thisContract upon an agreement or understanding for a commission, percentage,brokerage fee, contingent fee, or any other compensation.  The Contractor further represents andwarrants that no payment, gift or thing of value has been made, given orpromised to obtain this or any other agreement between the parties.  The Contractor makes such representationsand warranties to induce the City to enter into this Contract, and the Cityrelies upon such representations and warranties in the execution of thisContract.

 

9.1.2                For a breach or violation of such representations orwarranties, the Commissioner shall have the right to annul this Contractwithout liability, entitling the City to recover all monies paid under thisContract and the Contractor shall not make claim for, or be entitled torecover, any sum or sums due under this Contract.  This remedy, if effected, shall not constitute the sole remedyafforded the City for the falsity or breach, nor shall it constitute a waiverof the City’s right to claim damages or refuse payment or to take any other actionprovided for by Law or pursuant to this Contract.

 

**9.2**          Conflict of Interest

 

The Contractor representsand warrants that neither it nor any of its directors, officers, members,partners or employees, have any interest, nor shall they acquire any interest,directly or indirectly which would or may conflict in any manner or degree withthe performance or rendering of the Contract Work provided in thisContract.  The Contractor furtherrepresents and warrants that in the performance of this Contract no personhaving such interest or possible interest shall be employed by it.  No elected officials or other officer oremployee of DSNY or the City, nor any person whose salary is payable, in wholeor part, from the City Treasury, shall participate in any decision relating tothis Contract which affects his or her personal interest or the interest of anycorporation, partnership or association in which he or she is, directly orindirectly, interested nor shall any such person have any interest, direct orindirect, in this Contract or in its proceeds.

 

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**9.3****         ****FairPractice****.** TheContractor and each person signing on behalf of any Contractor represents,warrants and certifies, under penalty of perjury, that to the best of itsknowledge and belief:

 
| 9.3.1  |   | The prices in this Contract have been arrived at independently  without collusion, consultation, communication, or agreement, for the purpose  of restricting competition, as to any matter relating to such prices with any  other bidder or proposer, or with any competitor that did not submit a bid.                                                                                                              |
|--------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                   |
| 9.3.2  |   | Unless otherwise required by law, the prices which have been quoted  in this Contract and on the bid submitted by the Contractor have not been  knowingly disclosed by the Contractor prior to the bid opening, directly or  indirectly, to any other bidder or proposer, or any competitor that did not  submit a bid; and                                                                                            |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                   |
| 9.3.3  |   | No attempt has been made or will be made by the Contractor to  indicate any other person, partnership or corporation to submit or not to  submit a bid for the purpose of restricting competition.                                                                                                                                                                                                                     |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                   |
| 9.3.4  |   | The fact that the Contractor (a) has published price lists, rates, or  tariffs covering items being procured, (b) has informed prospective customers  of proposed or pending publication of new or revised price lists for such  items, or (c) has sold the same items to other customers at the same prices  being bid or proposed, does not constitute, without more, a disclosure within  the meaning of the above. |

 

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**ARTICLE 10 - COVENANTS OF THE CONTRACTOR**

 

**10.1****       ****Employees of theContractor**

 

All experts, consultants,subcontractors, or employees of the Contractor who are employed by theContractor to perform Contract Work under this Contract are neither

 

employees of the City norunder contract to the City and the Contractor alone is responsible for theirwork, direction, compensation and personal conduct while engaged under thisContract.  Nothing in this Contractshall impose any liability or duty on the City for the acts, omissions,liabilities or obligations of the Contractor or any person, firm, company,agency, association, corporation or organization engaged by the Contractor asexpert, consultant, subcontractor, independent contractor, specialist, trainee,employee, servant, or agent or for taxes of any insurance, workerscompensation, disability benefits and social security, or, except asspecifically stated in this Contract to any person, firm or corporation.

 

**10.2****       ****Independent Contractor Status**

 

The Contractor and DSNYagree that the Contractor is an independent contractor, and not an employee ofDSNY or the City, and that in accordance with such status as independentcontractor, the Contractor covenants and agrees that neither it nor itsemployees or agents will hold themselves out as, nor claim to be, officers oremployees of the City, or of any department, agency or unit thereof, by reasonhereof, and that they will not, by reason hereof, make any claim, demand orapplication to or for any right of privilege applicable to an officer of oremployee of the City, including, but not limited to, Worker’s Compensationcoverage, unemployment insurance benefits, Social Security coverage or employeeretirement membership or credit.

 

**10.3****       ****Confidentiality**

 

All of the reports,information or data, furnished to or prepared, assembled or used by theContractor under this Contract are to be held confidential, and prior topublication, the Contractor agrees that the same shall not be made available toany individual or organization without the prior written approval of DSNY.  The provisions of this Section shallremain in full force and effect following termination of, or cessation of theContract Work required by this Contract.

 

**10.4****       ****ComplianceWith Law**

 

The Contractor shall renderall Contract Work under this Contract in accordance with the applicableprovision of federal, City and State of New York, and local laws, rules andregulations as are in effect at the time such Contract Work is rendered.

 

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**10.5****       ****InvestigationClause**

 

10.5.1              The parties to this Contract agree to cooperate fullyand faithfully with any investigation, audit or inquiry conducted by a New YorkState or a City governmental agency or authority that is empowered directly orby designation to compel the attendance of witnesses and to examine witnessesunder oath, or conducted by the Inspector General of a governmental agency thatis a party in interest to the transaction, submitted bid or submitted proposal,agreement, contract, lease, permit, or license that is the subject of theinvestigation, audit or inquiry.

 

10.5.2              If any person who has been advised that his or herstatement, and any information from such statement, will not be used againsthim or her in any subsequent criminal proceeding refuses to testify before agrand jury or other governmental agency or authority empowered directly ordesignation to compel the attendance of witnesses and to examine witnessesunder oath concerning the award of or performance under any transaction,agreement, lease, permit, contract, or license entered into with the City, theState of New York, or any political subdivision or public authority thereof, orthe Port Authority of New York and New Jersey, or any local developmentcorporation within the City, or any public benefit corporation organized underthe Laws of the State of New York, or;

 

10.5.3              If any person refuses to testify for a reason otherthan the assertion of his or her privilege against self-incrimination in aninvestigation, audit or inquiry conducted by a City or New York Stategovernmental agency or authority empowered directly or by designation to compelthe attendance of witnesses and to take testimony under oath or by theInspector General of the governmental agency that is a party in interest in,and is seeking testimony concerning the award of, or performance under, anytransaction agreement, lease, permit, contract, or license entered into withthe City, the State of New York, or any political subdivision thereof or anylocal development corporation within the City then;

 

10.5.4              The Commissioner, whose agency is a party in interestto the transaction, submitted bid, submitted proposal, agreement, contract,lease, permit, or license shall convene a hearing, upon not less than five (5)days written notice to the parties involved to determine if any penaltiesshould attach for the failure of a person to testify.

 

10.5.5              If any non-governmental party to the hearing requestsan adjournment, the Commissioner who convened the hearing may, upon grantingthe adjournment, suspend any agreement, contract, lease, permit, or license,pending the final determination pursuant to Section 10.5.7 below withoutthe City incurring any penalty or damages for delay or otherwise.

 

10.5.6              The penalties which may attach after a finaldetermination by the Commissioner may include but shall not exceed:

 

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10.5.6.1                       The disqualificationfor a period not to exceed five (5) years from the date of an adversedetermination for any person, or any entity of which such person was a memberat the time the testimony was sought, from submitting bids or proposals for, ortransacting business with, or entering into or obtaining any agreement,contract, lease, permit, or license with or from the City; and/or

 

10.5.6.2                       Thecancellation or termination of any and all such existing City contracts,leases, permits or licenses that the refusal to testify concerns and that havenot been assigned as permitted under this Contract, nor the proceeds of whichpledged, to an unaffiliated and unrelated institutional lender for fair valueprior to the issuance of the notice scheduling the hearing, without the Cityincurring any penalty or damages on account of such cancellation ortermination; monies lawfully due for goods delivered, work done, rentals, orfees incurred prior to the cancellation or termination shall be paid by theCity.

 

10.5.7              The Commissioner shall consider and address inreaching his or her determination and in assessing an appropriate penalty thefactors in Sections 10.5.7.1 and 10.5.7.2 below.  He or she may also consider, if relevant and appropriate, thecriteria established in Sections 10.5.7.3 and 10.5.7.4 below in addition to anyother information which may be relevant and appropriate:

 

10.5.7.1                       The party’sgood faith endeavors or lack thereof to cooperate fully and faithfully with anygovernmental investigation or audit, including but not limited to thediscipline, discharge, or dissociation of any person failing to testify, theproduction of accurate and complete books and records, and the forthcomingtestimony of all other members, agents, assignees or fiduciaries whose testimonyis sought.

 

10.5.7.2                       Therelationship of the person who refused to testify to any entity that is a partyto the hearing, including, but not limited to, whether the person whosetestimony is sought has an ownership interest in the entity and/or the degreeof authority and responsibility the person has within the entity.

 

10.5.7.3                       The nexus ofthe testimony sought to the subject entity and its agreements, contracts,leases, permits or licenses with the City.

 

10.5.7.4                       The effect apenalty may have on an unaffiliated and unrelated party or entity that has asignificant interest in an entity subject to penalties underSection 10.5.6 above, provided that the party or entity has given actualnotice to the Commissioner upon the

 

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acquisitionof the interest, or at the hearing called for in Section 10.5.4 abovegives notice, and proves that such interest was previously acquired.  Under either circumstance the party orentity must present evidence at the hearing demonstrating the potential adverseimpact a penalty will have on such person or entity.

 

10.5.8              Definitions Used in this Section 10.5:

 

10.5.8.1                       The term “**license**”or “**permit**”as used in this Section 10.5 shall be defined as a license, permit,franchise or concession not granted as a matter of right.

 

10.5.8.2                       The term “**person**”as used in this Section 10.5 shall be defined as any natural person doingbusiness alone or associated with another person or entity as a partner,director, officer, principal or employee.

 

10.5.8.3                       The term “**entity**”as used in this Section 10.5 shall be defined as any firm, partnership,corporation, association, or person that receives monies, benefits, licenses,leases, or permits from or through the City or otherwise transacts businesswith the City.

 

10.5.8.4                       The term “**member**”as used in this Section 10.5 shall be defined as any person associatedwith another person or entity as a partner, director, officer, principal oremployee.

 

10.5.9              In addition to and notwithstanding any other provisionof this Contract the Commissioner may, in his or her sole discretion, terminatethis Contract upon not less than three days written notice in the event theContractor fails to promptly report in writing to the Commissioner of theDepartment of Investigations (“**DOI**”) of the City any solicitation ofmoney, goods, requests for future employment or other benefit or thing ofvalue, by or on behalf of any employee of the City or other person, firm,corporation or entity for any purpose which may be related to the procurementor obtaining of this Contract by the Contractor, or affecting the performanceof this Contract.

 

**10.6****       ****Assignment of this Contract**

 

10.6.1              The Contractor shall not assign, transfer, convey,sublet or otherwise dispose of this Contract, or of the Contractor’s power ofattorney or otherwise, any of its rights to receive monies due or to become dueunder this Contract, unless the prior written consent of DSNY shall beobtained.  Any such assignment,transfer, convenience, sublease or other disposition without such consent shallbe void.

 

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10.6.2              In the event that the Contractor assigns, transfers,conveys, sublets or otherwise disposes of this Contract as specified inSection 10.6.1 above, without the prior written consent of DSNY, DSNYshall revoke and annul this Contract and DSNY shall be relieved and dischargedfrom any and all liability and obligations growing out of this Contract to theContractor, its assignees, transferees or subleasees shall forfeit and lose allmonies theretofore earned under this Contract except so much thereof as may berequired to pay the Contractor’s employees.

 

10.6.3              The provisions of this Section shall not hinder,prevent or affect an assignment by the Contractor for the benefit of itscreditors made pursuant to the laws of the State of New York.

 

10.6.4              This Contract may be assigned by the City to anycorporation, agencies or instrumentality having authority to accept suchassignment.

 

**10.7**        Subcontracting

 

10.7.1              The Contractor agrees not to enter into anysubcontracts for the performance of the obligations, in whole or in part, underthis Contract without the prior written approval of DSNY.  Two copies of each such proposed subcontractshall be submitted to DSNY with the Contractor’s written request for approval.

 

10.7.2              All such subcontracts shall contain provisionsspecifying:

 

10.7.2.1                       that theContract Work performed by the subcontractor must be in accordance with theterms of this Contract between DSNY and the Contractor;

 

10.7.2.2                       that nothingcontained in a subcontract shall impair the rights of DSNY;

 

10.7.2.3                       that nothingcontained in a subcontract, or under this Contract between DSNY and theContractor, shall create any contractual relationship between the subcontractorand DSNY; and

 

10.7.2.4                       that thesubcontractor specifically agrees to be bound by the confidentiality provision,the MacBride Principles attached as **Exhibit A**, the Non-Discrimination (**E.O. 50**)provisions, and the Investigations provisions set forth in this Contractbetween DSNY and the Contractor.

 

10.7.3              The Contractor agrees that it is fully responsible toDSNY for the acts and omissions of the subcontractors and of persons eitherdirectly or indirectly

 

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employed by them as it is for the acts and omissions of personsdirectly employed by it.

 

10.7.4              The approval required by Section 10.7.1 isrequired in all cases other than individual employer employee contracts.

 

10.7.5              The Contractor shall not in any way be relieved of anyresponsibility under this Contract by any subcontract.

 

**10.8**        Publicity

 

10.8.1              The prior written approval of DSNY is required beforethe Contractor or any of its employees, servants, agents, or independent contractorsmay, at any time either during or after completion or termination of thisContract, make any statement to the press or issue any material for publicationthrough the media of communication bearing on the work performed or datacollected under this Contract.

 

10.8.2              If the Contractor publishes a work dealing with anyaspect of performance under this Contract, or of the results andaccomplishments attained in such performance, DSNY shall have a royalty fee,non-exclusive and irrevocable license to reproduce, publish or otherwise useand to authorize others to use the publication.

 

**10.9**        Participation in an International Boycott

 

10.9.1              The Contractor agrees that neither the Contractor norany substantially owned affiliated company is participating or shallparticipate in an international boycott in violation of the provisions of theExport Administration Act of 1979, as amended, of the regulations of the UnitedStates Department of Commerce promulgated thereunder.

 

10.9.2              Upon the final determination by the CommerceDepartment or any other agency of the United States as to, or conviction of theContractor or a substantially owned affiliated company thereof, orparticipation an international boycott in violation of the provisions of theExport Administration Act of 1979, as amended, or the regulations promulgatedthereunder, the Comptroller may, at this option, render forfeit and void thisContract.

 

10.9.3              The Contractor shall comply in all respects, with theprovisions of Section 6-114 of the Administrative Code of the City of NewYork and the implementing rules and regulations issued by the Comptroller.

 

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**10.10**      Inventions, Patents And Copyrights

 

10.10.1            Any discovery or invention arising out of or developedin the course of performance of this Contract shall be promptly and fullyreported to DSNY, and if the Contract Work is supported by a federal grant offunds, it shall be promptly and fully reported to the federal government fordetermination as to whether patent protection on such invention shall be soughtand how the rights in the invention or discovery, including rights under anypatent issued thereon, shall be disposed of and administered in order toprotect the public interest.

 

10.10.2            No report, document or other data produced in whole orin part with Contract funds shall be copyrighted by the Contractor nor shallany notice of copyright be registered by the Contractor in connection with anyreport, document or other data developed for this Contract.

 

10.10.3            If any copyrightable material is developed under, orin the course of performing this Contract, any federal agency providing federalfinancial participation for this Contract shall have royalty-free, nonexclusiveand irrevocable right to reproduce, publish or otherwise use, and to authorizeand to authorize others to use, the work for governmental purposes.

 

10.10.4            In no event shall Sections 10.10.1, 10.10.2 and10.10.3 be deemed to apply to any report, document or other data, or any inventionof the Contractor which existed prior to, or was developed or discoveredindependently from, its activities related to or funded by this Contract.

 

**10.11**      Anti-trust

 

10.11.1            The Contractor hereby assigns, sells and transfers tothe City all right, title and interest in and any claims and causes of actionarising under the anti-trust laws of the State of New York or of the UnitedStated relating to the particular goods and services purchased or procured bythe City under this Contract.

 

**10.12**      PoliticalActivity

 

10.12.1            There shall be no partisan political activity or anyactivity to further the election or defeat of any candidate for public,political or party office as part of or in connection with this Contract.

 

10.12.2            No funds provided under this Contract shall be used,for publicity or propaganda purposes, for the preparation, distribution or useof any kit, pamphlet, booklet, publication, radio, television or filmpresentation designed to support or defeat legislation pending before the Congressof the United States, except in presentation to the Congress itself.

 

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10.12.3            No funds provided under this Contract shall be used,to pay the salary or expenses of any person to engage in any activity designedto influence legislation or appropriations pending before the Congress of theUnited States.

 

**10.13**      Clean AirProvisions

 

10.13.1            If the amount of this Contract is in excess of$100,000, the Contractor shall comply with all applicable standards, orders orregulations issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C.1857B, et. seq.) and the Federal Water Pollution Act (33 U.S.C. 1251, et. seq.)

 

10.13.2            If a harmful dust hazard is created in performing theContract Work under this Contract, for the elimination of which appliances ormethods have been approved by the Board of Standards and Appeals of the Stateof New York, such appliances and Methods shall be installed, maintained, andeffectively operated during the continuance of such harmful dust hazard.  Failure to comply with this provision afternotice shall make this Contract void.

 

10.13.3            In accordance with the provisions ofSection 1403.3.2.25, Noise Abatement Contract Compliance, of Part III ofChapter 57 of the Administrative Code of the City of New York.

 

10.13.3.1                     Devices and activities whichwill be operated, conducted, constructed or manufactured pursuant to thisContract and which are subject to the provisions of the New York City NoiseControl Code shall be operated, conducted, constructed, or manufactured withoutcausing a violation of the code.

 

10.13.3.2                     Such devices and activitiesshall incorporate advances in the art of noise control development for the kindand level of noise emitted or produced by such devices and activities, inaccordance with regulations issued by the Administrator of the EnvironmentalProtection Administration.  Regulationspromulgated pursuant to Section 1403.3.2.25 of the New York City Noise ControlCode after the bid or proposal openings for this Contract shall not alter itsterms, conditions and Specifications.

 

**ARTICLE 11 - TERMINATION**

 

**11.1**        Termination for Convenience

 

11.1.1              At any time during the period of this Contract DSNY,upon ten days’ written notice to the Contractor, may cancel this Contract andterminate the Contract Work in whole or in part.  In such event the Contractor shall be paid whatever

 

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sum has become due to the Contractor for Contract Work performed priorto the effective date of the cancellation without further liability to theCity.

 

11.1.2              The Contractor shall be entitled to apply to DSNY tohave this Contract terminated by DSNY by reason of any failure in theperformance of this Contract (including any failure by the Contractor to makeprogress in the prosecution of Contract Work that endangers such performance),if such failure arises out of causes beyond the control and without the faultor negligence of the Contractor.  Suchcauses may include, but are not restricted to: acts of God or of the publicenemy, acts of the government in either its sovereign or contractual capacity,fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes,or any other cause beyond the reasonable control of the Contractor.  The determination that such failure arisesout of causes beyond the control and without the fault or negligence of theContractor shall be made by the Commissioner who agrees to exercise reasonablejudgment in reaching the determination. If such a determination is made and this Contract terminated by DSNYpursuant to such application by the Contractor, such termination shall bedeemed to be without cause.

 

11.1.3              All payments pursuant to this Section 11.1 shallbe accepted by the Contractor in full satisfaction of all claims against theCity arising out of termination.

 

11.1.4              If the Commissioner terminates this Contract in wholeor in part as provided in Section 11.1, above, the City may procure, uponsuch terms and in such manner deemed appropriate, supplies or services similarto those so terminated, and the Contractor shall continue the performance ofthis Contract to the extent it has not been terminated.

 

**11.2**        Termination for Cause

 

11.2.1              The Contractor may be declared in default by DSNY, andDSNY may terminate this Contract in whole or in part by written notice to theContractor for, but not limited to, one or more of the following:

 

11.2.1.1                       The Contractorbecomes insolvent;

 

11.2.1.2                       The Contractormakes an assignment for the benefit of creditors pursuant to the Statute of theState of New York;

 

11.2.1.3                       A voluntary orinvoluntary petition in bankruptcy be filed by or against the Contractor;

 

11.2.1.4                       A receiver orreceivers are appointed to take charge of the Contractor’s property or affairs;

 

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11.2.1.5                       The Contractorsublets, assigns, transfers, conveys or otherwise disposes of this Contractother than as specified in this Contract;

 

11.2.1.6                       The Contractorfails or refuses to proceed with the Contract Work when and as directed by theCommissioner;

 

11.2.1.7                       The Contractoris or has been unnecessarily or unreasonably or willfully delaying (a) theperformance and completion of the Contract Work, (b) the award of necessarysubcontracts, or (c) the placement of necessary material and equipment order;

 

11.2.1.8                       The Contractor,without just cause, reduces its working force to a number which, if maintained,would jeopardize the timely performance of this Contract, and fails or refusesto increase such working force when ordered to do so by the Commissioner;

 

11.2.1.9                       The ContractWork cannot be completed or is not completed within the time provided for inthis Contract or within the time to which such completion may have beenextended unless, however, the delay is caused by circumstances under theCommissioner’s control;

 

11.2.1.10                     The Contractor abandons theContract Work;

 

11.2.1.11                     The Contractor is or hasbeen willfully or in bad faith violating any of the provisions of thisContract;

 

11.2.1.12                     The Contractor fails tosecure and maintain all required insurance;

 

11.2.1.13                     Any statement orrepresentation of the Contractor in this Contract or in any document submittedby the Contractor with respect to the work, the project, or this Contract (orfor purposes of securing this Contract) is untrue or incorrect when made; or

 

11.2.1.14                     The Contractor commits anact of default (if any) listed in the Specifications.

 

11.2.2              In the event that the Commissioner terminates thisContract in whole or in part as provided in Section 11.2.1 above, the Citymay procure, upon such terms and in such manner deemed appropriate, supplies orservices similar to those so terminated. The Contractor shall be liable to the City for any excess costs for suchsimilar supplies or services, and the Contractor shall continue the performanceof this Contract to the extent it has not been terminated.

 

11.2.3              Before the Commissioner shall exercise his or herright to declare the Contractor in default by reason of conditions set forth inSections 11.2.1.1, 11.2.1.5, 11.2.1.6, 11.2.1.7, 11.2.1.8 and 11.2.1.10,the Commissioner shall

 

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give the Contractor an opportunity to be heard, on two days’ writtennotice, at which hearing the Contractor may have a stenographer presentprovided, however, that a copy of such stenographic notes, if any, shall befurnished to the Commissioner.

 

11.2.4              Notwithstanding any other provisions of this Contract,the Contractor shall not relieved of liability to the City for damagessustained by the City by virtue of the Contractor’s default, and the City maywithhold payments to the Contractor for the purpose of set off until such timeash the exact amount of damages due to the City from the Contractor isdetermined.

 

**11.3**        Conversion of Termination for Cause toTermination for Convenience

 

If, after a declaration ofdefault under Section 11.2, it is determined that for any reason theContractor was not in default under that Section, or that such default wasexcusable, the rights and obligations of the parties shall be the same as if anotice of termination has been issued under Section 11.1.1 of thisAgreement.

 

**11.4**        Termination Generally

 

11.4.1              The provisions of this Agreement regardingconfidentiality of information shall remain in full force and effect followingany termination.

 

11.4.2              The rights and remedies of the City provided in thisArticle and elsewhere in this Agreement shall not be exclusive and are inaddition to all other rights and remedies provided by law or under thisContract.

 

**ARTICLE 12 - RESOLUTION OF DISPUTE ARISING OUT OF CONTRACT ADMINISTRATION**

 

**12.1**        **Applicability** - This sectionshall apply to disputes between the City and a supplier that arise under, or byvirtue of, a contract between them.  Allcontracts shall include a clause providing that all disputes of the kinddelineated herein shall be finally resolved in accordance with the provisionsof this section.

 

12.1.1              This section shall not apply to disputes concerningmatters dealt with in other sections of these PPB Rules or to disputesinvolving patents, copyrights, trademarks, or trade secrets (as interpreted bythe courts of New York State) relating to proprietary rights in computersoftware.

 

12.1.2              For construction or construction-related services,this section shall apply only to disputes about the scope of work delineated bythe Contract, the interpretation of Contract Documents, the amount to be paidfor extra work or disputed work performed in connection with the Contract, theconformity of the supplier’s work to the Contract, and the acceptability andquality of the

 

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supplier’s work; such disputes arise when the Engineer makes adetermination with which the supplier disagrees.

 

**12.2****       ****General Provisions**- All determinationsrequired by this section shall be clearly stated, with a reasoned explanationfor the determination based on the information and evidence presented to theparty making the determination.  Failureto make such determination within the time required by this section shall bedeemed a nondetermination without prejudice that will allow application to thenext level.

 

**12.3****       ****Work to Continue** - During such time as anydispute is being presented, heard, and considered pursuant to this section, theContract terms shall remain in full force and effect and the Contractor shallcontinue to perform work in accordance with the Contract and as directed by theAgency Chief Contracting Officer or Engineer. Failure of the supplier to continue the work as directed shallconstitute a waiver by the supplier of any and all claims being presentedpursuant to this section and a material breach of Contract.

 

**12.4**        Presentation of Dispute to the Commissioner

 

12.4.1              **Notice ofDispute and Agency Response** - The supplier shall present its dispute in writing(“**Noticeof Dispute**”) to the Commissioner within the time specified hereinor, if no time is specified, within thirty days of receiving written notice ofthe determination or action that is the subject of the dispute.  This notice requirement shall not be read toreplace any other notice requirements contained in the Contract.  The Notice of Dispute shall include all thefacts, evidence, documents, or other basis upon which the supplier relies insupport of its position, as well as a detailed computation demonstrating howany amount of money claimed by the supplier in the dispute was arrived at.  Within thirty days after receipt of thecomplete Notice of Dispute, the Agency Chief Contracting Officer or, in thecase of construction or construction-related services, the Engineer, shallsubmit to the Commissioner all materials he or she deems pertinent to thedispute.  Following initial submissionsto the Commissioner, either party may demand of the other the production of anydocument or other material the demanding party believes may be relevant to thedispute.  The requested party shallproduce all relevant materials that are not otherwise protected by a legalprivilege recognized by the courts of New York State.  Any questions of relevancy shall be determined by theCommissioner whose decision shall be final. Willful failure of the supplier to produce any requested material whoserelevancy the supplier has not disputed, or whose relevancy has beenaffirmatively determined, shall constitute a waiver by the supplier of itsclaim.

 

12.4.2              **Commissioner’sInquiry** - TheCommissioner shall examine the material and may, in his or her discretion,convene an informal conference with the supplier and the Agency ChiefContracting Officer and, in the case of construction or construction-relatedservices, the Engineer, to resolve the issue by mutual consent prior toreaching a determination.  TheCommissioner may

 

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seek such technical or other expertise as he or she shall deemappropriate, including the use of neutral mediators, and require any suchadditional material from either or both parties as he or she deems fit.  The Commissioner’s ability to render, andthe effect of, a decision hereunder shall not be impaired by any negotiationsin connection with the dispute presented, whether or not the Commissionerparticipated therein.  The Commissionermay or, at the request of any party to the dispute, shall compel theparticipation of any other supplier with a contract related to the work of thisContract, and that supplier shall be bound by the decision of theCommissioner.  Any supplier thus broughtinto the dispute resolution proceeding shall have the same rights andobligations under this section as the supplier initiating the dispute.

 

12.4.3              **Commissioner’sDetermination** -Within thirty days after the receipt of all materials and information, or suchlonger time as may be agreed to by the parties, the Commissioner shall make hisor her determination and shall deliver or send a copy of such determination tothe supplier and Agency Chief Contracting Officer and, in the case ofconstruction or construction-related services, the Engineer, together with astatement concerning how the decision may be appealed.

 

**12.5****       ****Finality of the Commissioner’s Decision** - TheCommissioner’s decision shall be final and binding on all parties, unlesspresented to the Contract Dispute Resolution Board (“**CDRB**”) pursuant to thissection.  The City may not take apetition to the CDRB.  However, shouldthe supplier take such a petition, the City may seek, and the CDRB may render adetermination less favorable to the supplier and more favorable to the Citythan the decision of the Commissioner.

 

12.5.1              **Presentationof Dispute to the Comptroller** - Before any dispute may be brought by the supplierto the CDRB, the supplier must first present its claim to the Comptroller forhis or her review, investigation, and possible adjustment

 

12.5.2              **Time,Form, and Content of Notice** - Within thirty days of receipt of a decision by theCommissioner, the supplier shall submit to the Comptroller and to theCommissioner a Notice of Claim regarding its dispute with the Agency.  The Notice of Claim shall consist of: a) abrief statement of the substance of the dispute, the amount of money, if any,claimed and the reason(s) the supplier contends the dispute was wrongly decidedby the Commissioner; b) a copy of the decision of the Commissioner, and c) acopy of all materials submitted by the supplier to the Agency, including theNotice of Dispute.  The supplier may notpresent to the Comptroller any material not presented to the Commissioner,except at the request of the Comptroller.

 

12.5.3              **Agency Response** - Within thirty days of receipt of theNotice of Claim, the Agency shall make available to the Comptroller a copy ofall material

 

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submitted by the Agency to the Commissioner in connection with thedispute.  The Agency may not present tothe Comptroller any material not presented to the Commissioner except at therequest of the Comptroller.

 

12.5.4              **ComptrollerInvestigation** -The Comptroller may investigate the claim in dispute and, in the course of suchinvestigation, may exercise all powers provided in sections 7-201 and 7-203 ofthe New York City Administrative code. In addition, the Comptroller may demand of either party, and such partyshall provide, whatever additional material the Comptroller deems pertinent tothe claim, including original business records of the supplier.  Wilful failure of the supplier to producewithin fifteen days any material requested by the Comptroller shall constitutea waiver by the Contractor of its claim. The Comptroller may also schedule an informal conference to be attendedby the Contractor, Agency representatives, and any other personnel desired bythe Comptroller.

 

12.5.5              **Opportunityof Comptroller to Compromise or Adjust Claim** - The Comptroller shall have forty-five days from hisor her receipt of all materials referred to in the preceding Section toinvestigate the disputed claim.  Theperiod for investigation and compromise may be further extended by agreementbetween the supplier and the Comptroller, to a maximum of ninety days from theComptroller’s receipt of all the materials the supplier may not present itspetition to the CDRB until the period for investigation and compromisedelineated in this paragraph has expired. In compromising or adjusting any claim hereunder, the Comptroller maynot revise or disregard the terms of the Contract between the parties.

 

**12.6**        **Contract Dispute Resolution Board** - There shallbe a Contract Dispute Resolution Board composed of:

 

12.6.1              the chief administrative law judge of OATH or his/herdesignated OATH administrative law judge, who shall act as chairperson, and mayadopt operational procedures and issue such orders consistent with this sectionas may be necessary in the execution of the CDRB’s functions, including, butnot limited to, granting extensions of time to present or respond tosubmissions;

 

12.6.2              the City Chief Procurement Officer or his/herdesignee, or in the case of disputes involving construction orconstruction-related services, the Director of the Office of Construction orhis/her designee; any designee shall have the requisite background to considerand resolve the merits of the dispute and shall not have participatedpersonally and substantially in the particular matter that is the subject ofthe dispute or report to anyone who so participated; and

 

12.6.3              a person with appropriate expertise who is not an employee ofthe City.  This person shall be selectedby the presiding administrative law judge from a prequalified panel ofindividuals, established and administered by OATH,

 

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with appropriate background to act as decision-makersin a dispute.  Such individuals may nothave a contract or dispute with the City or be an officer or employee of anycompany or organization that does, or regularly represents persons, companies,or organizations having disputes with the City.

 

**12.7**        **Petition to CDRB** - In the eventthe claim has not been settled or adjusted by the Comptroller within the periodprovided in this section, the supplier, within thirty days thereafter, maypetition the CDRB to review the Commissioner determination.

 

12.7.1              **Form andContent of Petition by Supplier** - The supplier shall present its dispute to the CDRBin the form of a Petition, which shall include a) a brief statement of thesubstance of the dispute, the amount of money, if any, claimed and thereason(s) the supplier contends that the dispute was wrongly decided by theCommissioner; b) a copy of the decision of the Commissioner; c) copies of allmaterials submitted by the supplier to the Agency; d) a copy of the decision ofthe Comptroller, if any, and e) copies of all correspondence with, and materialsubmitted by the supplier to, the Comptroller’s Office.  The supplier shall concurrently submit fourcomplete sets of the Petition: one to the Corporation Counsel (Attn: Commercialand Real Estate Litigation Division), and three to the CDRB at OATH’s offices,with proof of service on the Corporation Counsel.  In addition, the supplier shall submit a copy of the statement ofthe substance of the dispute, cited in a) above, to both the Commissioner andthe Comptroller.

 

12.7.2              **AgencyResponse** - Withinthirty days of receipt of the Petition by the Corporation Counsel, the Agencyshall respond to the statement of the supplier and make available to the Boardall material it submitted to the Commissioner and Comptroller.  Three complete copies of the Agency responseshall be submitted to the CDRB at OATH’s offices and one to the supplier.  Extensions of time for submittal of theAgency response shall be given as necessary upon a showing of good cause or,upon the consent of the parties, for an initial period of up to thirty days.

 

12.7.3              **FurtherProceedings** - TheBoard shall permit the supplier to present its case by submission of memoranda,briefs, and oral argument.  The Boardshall also permit the Agency to present its case in response to the supplier bysubmission of memoranda, briefs, and oral argument.  If requested by the Corporation Counsel, the Comptroller shallprovide reasonable assistance in the preparation of the Agency’s case.  Neither the supplier nor the Agency maysupport its case with any documentation or other material that was notconsidered by the Comptroller, unless requested by the CDRB.  The CDRB, in its discretion, may seek suchtechnical or other expert advice as it shall deem appropriate and may seek, onits own or upon application of a party, any such additional material from anyparty as it deems fit.  The CDRB, in itsdiscretion, may combine more than one dispute between the parties forconcurrent resolution.

 

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12.7.4              **CDRBDetermination** -Within forty-five days of the conclusion of all submissions and oral arguments,the CDRB shall render a decision resolving the dispute.  In an unusually complex case, the CDRB mayrender its decision in a longer period of time, not to exceed ninety days, andshall so advise the parties at the commencement of this period.  The CDRB’s decision must be consistent withthe terms of the Contract.  Decisions ofthe CDRB shall only resolve matters before the CDRB and shall not haveprecedential effect with respect to matters not before the CDRB.

 

12.7.5              **Notificationof CDRB Decision**- The CDRB shall send a copy of its decision to the Contractor, the AgencyChief Contracting Officer, the Corporation Counsel, the Comptroller, the CityChief Procurement Officer, the Office of Construction, the PPB, and, in thecase of construction or construction-related services, the Engineer.  A decision in favor of the supplier shall besubject to the prompt payment provisions of the PPB Rules.  The Required Payment Date shall be thirtydays after the date the parties are formally notified of the CDRB’s decision.

 

12.7.6              **Finalityof CDRB Decision**- The CDRB’s decision shall be final and binding on all parties.  Any party may seek review of the CDRB’sdecision solely in the form of a challenge, filed within four months of thedate of the CDRB’s decision, in a court of competent jurisdiction of the Stateof New York, County of New York pursuant to Article 78 of the Civil PracticeLaw and Rules.  Such review by the courtshall be limited to the question of whether or not the CDRB’s decision was madein violation of lawful procedure, was affected by an error of law, or wasarbitrary and capricious or an abuse of discretion.  No evidence or information shall be introduced or relied upon insuch proceeding that was not presented to the CDRB in accordance with rule.

 

**12.8****       ****Termination, Cancellation, or Breach of Contract** - Anytermination, cancellation, or alleged breach of the Contract prior to or duringthe pendency of any proceedings pursuant to this section shall not affect orimpair the ability of the Commissioner or CDRB to make a binding and finaldecision pursuant to this section.

 

**ARTICLE 13 - MISCELLANEOUS**

 

**13.1**        Choice of Law, Consent toJurisdiction and Venue

 

13.1.1              This Contract shall be deemed to be executed in theCity, regardless of the domicile of the Contractor, and shall be governed byand construed in accordance with the laws of the State of New York.  The parties agree that any and all claimsasserted by or against the City arising under this Contract or related theretoshall be heard and determined either in the courts of the United States locatedin New York City (“**Federal Courts**”) or in the Courts of theStates of New York (“**New York State Courts**”) located in the Cityand

 

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County of New York.  To effectuatethis Contract and intent the Contractor agrees:

 

13.1.1.1                       If the Cityinitiates any action against the Contractor in Federal Court or in New YorkState Court, service of process may be made on the Contractor either in person,wherever such Contractor may be found, or by registered mail addressed to theContractor at its address as set forth in this Contract, or to such otheraddress as the Contractor may provide to the City in writing;

 

13.1.1.2                       With respect toany action between the City and the Contractor in a New York State Court, theContractor hereby expressly waives and relinquishes any rights it mightotherwise have (a) to move to dismiss on grounds of *forum non convenes*, (b) toremove to Federal Court and (c) to move for a change of venue to a New YorkState Court outside New York County;

 

13.1.1.3                       With respect toany action between the City and the Contractor in Federal Court located in NewYork City, the Contractor expressly waives and relinquishes any right it mightother wise have to move to transfer the action to a United States Court outsidethe City;

 

13.1.1.4                       If theContractor commences any action against the City in a court located other thanin the city and State of New York, upon request of the City the Contractorshall either consent to a transfer of the action to a court of competentjurisdiction located in the City and State of New York or, if the court wherethe action is initially brought will not or cannot transfer the action, theContractor shall consent to dismiss such action without prejudice and maythereafter reinstitute the action in New York City; and

 

13.1.1.5                       If one or moreprovisions of this Contract are held unenforceable for any reason, each and allother provision shall nevertheless remain in full force and effect.

 

**13.2**        General Release

 

13.2.1              The acceptance by the Contractor or its assignees ofthe final payment under this Contract, whether by voucher, judgment of anycourt of competent jurisdiction or any other administrative means, shallconstitute and operate as a general release to the City from any and all claimsof and liability to the Contractor arising out of the performing of thisContract.

 

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**13.3**        Claims and Actions Thereon

 

13.3.1              No action at law or proceeding in equity against DSNYor the City shall lie or be maintained upon any claim based upon this Contractor arising out of this Contract or in any way connected with this Contractunless the Contractor shall have strictly complied with all requirementsrelating to the giving of notice and of information with respect to suchclaims, all as provided for in this Contract.

 

13.3.2              No action at law or proceeding in equity shall lie orbe maintained against DSNY or the City upon any claim based upon this Contractor arising out of this Contract unless such action shall be commence within sixmonths after the date of final payment hereunder, or within six months oftermination or conclusion of this Contract, or within six months of accrual ofthe cause of action, whichever is earliest.

 

13.3.3              In the event any claim is made or any action broughtin any way relating to this Contract, the Contractor shall diligently render toDSNY and/or the City without additional compensation any and all assistancewhich DSNY and/or the City may require of the Contractor.

 

13.3.4              The Contractor shall report to DSNY, in writing,within three working days of the initiation by or against the Contractor of anylegal action or proceeding in connection with or relating to this Contract.

 

**13.4**        No Claim Against Officers, Agents orEmployees

 

No claim whatsoever shall bemade by the Contractor against any officer, agent or employee of the City for,or on account of anything done or omitted in connection with this Contract.

 

**13.5**        Waiver

 

Waiver by DSNY of a breachof any provision of this Contract shall not be deemed to be a waiver of anyother subsequent breach and shall not be construed to be a modification of theterms of this Contract unless and until the same shall be agreed to in writingby DSNY or the City as required and attached to the original Contract.

 

**13.6**        Notice

 

13.6.1              DSNY designates the business address specified in theSolicitation Documents and the Consultant designates the business addressspecified in its bid as the places where all notices from one party to theother party may be delivered or mailed. Actual delivery of any such notices to a party at the addresses givenabove (whether in person or by means of a commercial delivery service thatprovides signed receipts for delivery), or delivery by

 

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certified mail, will be conclusive and deemed to be sufficient serviceupon such party as of the date the notice was received by a party.  If certified mail or notice whose deliverywas attempted by a commercial delivery service is refused or returned to thesending party as non-deliverable, the service of the notice will be deemedconclusive and sufficient as of the date the U.S. Post Office has stamped thecertified mail as refused or undeliverable or the date on which the commercialdelivery service has stamped the notice as refused or undeliverable.

 

13.6.2              These addresses may be changed at any time by writtennotice of the change of address to the other party in the manner as specifiedin Section 13.6.1 above.  Nothingin this Section 13 will be deemed to serve as a waiver of any requirementsfor the service of notice or process in the institution of an action orproceeding as provided by Law.

 

**13.7**        All Legal Provisions Deemed Included

 

13.7.1              It is the intent and understanding of the parties tothis Contract that each and every provision of law required to be inserted inthis Contract shall be and is inserted in this Contract.  Furthermore, it is hereby stipulated that everysuch provision is to be deemed to be inserted in this Contract, and if, throughmistake or otherwise, any such provision is not inserted, or is not inserted incorrect form, then this Contract shall forthwith upon the application of eitherparty be amended by such insertion so as to comply strictly with the law andwithout prejudice to the rights of either party hereunder.

 

13.7.2              This Contract is subject to the MacBride Principles,attached as **Exhibit A**.

 

**13.8**        Severability

 

If this Agreement contains anyunlawful provision not an essential part of this Contract and which shall notappear to have been a controlling or material inducement to the making thereof,the same shall be deemed of no effect and shall, upon notice by either party,be deemed stricken from this Agreement without affecting the binding force ofthe remainder.

 

**13.9**        Section Headings

 

Section headings areinserted only as a matter of convenience and for reference and in no waydefine, limit or describe the scope or intent of this Agreement and in no wayaffect this Contract.

 

**13.10**      No Estoppel

 

Neither the City nor anydepartment, officer, agency or employee thereof, shall be bound, precluded orestopped by any determination, decision, approval, order, letter, payment or

 

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certificate made or givenunder or in connection with this Contract by the City, the Commissioner, theDSNY Project Manager, or any other officer, agent or employee of the City,either before or after the final completion and acceptance of the Contract Workand payment therefor:  (a) from showingthe true and correct classification, amount, quality or character of theContract Work actually done; or that any such determination, decision, order,letter, payment or certificate was untrue, incorrect or improperly made in anyparticular, or that the Contract Work or any part thereof does not in factconform to the requirements of this Contract; and (b) from demanding andrecovering from the Contractor any overpayment made to the Contractor or suchdamages as the City may sustain by reason of the Contractor’s failure toperform each and every part of this Contract in strict accordance with itsterms, or both.

 

**ARTICLE 14- APPROVALS**

 

**14.1**        **Approval by the City of New York****.**  This Contract shall not become effective or binding unless;

 

14.1.1              the Comptroller shall have endorsed his or hercertificate that there remains unexpended and unapplied a balance ofappropriation of funds applicable hereto sufficient to pay the estimated expenseof executing this Contract and

 

14.1.2              approved by the Mayor pursuant to the provisions ofExecutive Order No. 42, dated October 9, 1975 in the event the Executive Orderrequires such approval and

 

14.1.3              certified by the Mayor (Mayor’s Fiscal Committeecreated pursuant to Executive Order No. 43, dated October 14, 1975) thatperformance thereof will be in accordance with the City’s financial plan.

 

**14.2****       ****Contract Subject to Review by the Financial Control Board****.**  The following categories of contracts requiring the payment offunds or the incurring of costs by the City shall be submitted to the FinancialControl Board, prior to execution, for its review:

 

14.2.1              Any contract, other than Long-term Leases andCollective Bargaining Agreements, of $10,000,000 or more.

 

14.2.2              Any Long-term Lease

 

14.2.3              Any Collective Bargaining Agreement or modificationthereof as defined and governed by the Collective Bargaining Agreement Reviewand Approval Procedures adopted by the Financial Control Board on April 23, 1981,as amended from time to time.

 

14.2.4              Amendments to a contract or a long-term lease:

 

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14.2.4.1                       Any amendmentto a contract required to be submitted to the Financial Control Board pursuantto this Part, other than a Long-term Lease or Collective Bargaining Agreement,which modifies the time or times of payment, or increases the amount requiredto be paid by the City and which amendment, when considered in the aggregatewith all prior unapproved amendments to such contract approved since a lastamendment, increase or may reasonably be anticipated to increase the basecontract amount by increments of 10% of the Contract price or $5,000,000,whichever is higher.

 

14.2.4.2                       Any amendmentto a contract not initially required to be submitted to the Financial ControlBoard pursuant to this Part, other than a Long-term Lease or CollectiveBargaining Agreement, which amendment, when considered in the aggregate withthe base contract, increases or may reasonably be anticipated to increase thebase contract amount up to and beyond $10,000,000.

 

14.2.4.3                       All subsequentamendments to a contract not initially required to be submitted to theFinancial Control Board pursuant to this Part but which has been amended and suchamendment was required to be submitted to the Financial Control Board pursuantto Section 3(l)(ii) of the contract regulation of the Financial ControlBoard, which subsequent amendments, when considered in the aggregate with allprior unapproved amendments to such contract, increase or may reasonably beanticipated to increase the base contract as approved by increments of 1% ofthe Contract price or $5 million, whichever is higher.

 

14.2.4.4                       Any amendmentto a Long-term Lease as defined in Section 2(f)(1) or (2) of the FinancialControl Board regulations, which: (a) modifies the term of the lease or renewalperiod, (b) increases the amount required to be paid by the City as rent orotherwise, (c) decreases the amount to be paid to the City pursuant to suchLease, or (d) modifies the times or amounts of any payments under the lease.

 

14.2.4.5                       Any amendmentto a Long-term Lease as defined in Section 2(f)(3) of the FinancialControl Board regulations.

 

**14.3****       ****Other Approvals or Authorization****.**  The requirement of the Contractor shall be in addition to, andnot in lieu of, any approval or authorization otherwise required for thisContract to be effective and for the expenditure of City funds.

 

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**ARTICLE 15 - CONTRACT SUBJECT TO THE PPB RULES**

 

This Contract is subject to thePPB Rules, as such rules may be amended from time to time.  In the event of a conflict between the PPBRules and a provision of this Contract, the PPB Rules shall take precedence.

 

**ARTICLE 16 - ENTIRE AGREEMENT**

 

This written Agreement,including any attachment or references which have been incorporated in thisContract, contains all the terms and conditions agreed upon by the partieshereto, and no other agreement, oral or otherwise, regarding the subject matterof this Contract shall be deemed to exist or to bind the parties or to vary anyof the terms contained in this Contract.

 

**ARTICLE 17 - MACBRIDE PRINCIPALS**

 

**17.1**        MACBRIDE PRINCIPLESPROVISIONS FOR NEW YORK CITY CONTRACTORS

 

Local Law No. 34 of 1991became effective on September 10, 1991 and added section 6-115.1 to theAdministrative Code of the City of New York. The local law provides for certain restrictions on City contracts toexpress the opposition of the people of the City of New York to employmentdiscrimination practices in Northern Ireland and to encourage companies doingbusiness in Northern Ireland to promote freedom or workplace opportunity.

 

**17.1.1****            ****PART A**

 

Inaccordance with section 6-115.1 of the Administrative Code of the City of NewYork, the Consultant stipulates that such Consultant and any individual orlegal entity in which the Consultant holds a ten percent or greater ownershipinterest and any individual or legal entity that holds a ten percent or greaterownership interest in the Consultant either (a) have no business operations inNorthern Ireland, or (b) shall take lawful steps in good faith to conduct anybusiness operations they have in Northern Ireland in accordance with theMacBride Principles, and shall permit independent monitoring of theircompliance with such principles.

 

**17.1.2****            ****PART B**

 

Forpurposes of this section, the following terms shall have the followingmeanings:

 

17.1.2.1                       “MacBridePrinciples” shall mean those principles relating to nondiscrimination inemployment and freedom of workplace opportunity which require employers doingbusiness in Northern Ireland to:

 

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17.1.2.2                       increase therepresentation of individuals from under represented religious groups in thework force, including managerial, supervisor, administrative, clerical andtechnical jobs;

 

17.1.2.3                       take steps topromote adequate security for the protection of employees from underrepresented religious groups both at the workplace and while traveling to andfrom work;

 

17.1.2.4                       ban provocativereligious or political emblems from the workplace;

 

17.1.2.5                       publiclyadvertise all job openings and make special recruitment efforts to attractapplicants from under represented religious groups;

 

17.1.2.6                       establishlayoff, recall and termination procedures which do not in practice favor aparticular religious group;

 

17.1.2.7                       abolish all jobreservations, apprenticeship restrictions and different employment criteriawhich discriminate on the basis of religion;

 

17.1.2.8                       developtraining programs that will prepare substantial numbers of current employeesfrom under represented religious groups for skilled jobs, including theexpansion of existing programs and the creation of new programs to train, upgradeand improve the skills of workers from under represented religious groups;

 

17.1.2.9                       establishprocedures to assess, identify and actively recruit employees from underrepresented religious groups with potential for further advancement; and

 

17.1.2.10                     appoint a senior managementstaff member to oversee affirmative action efforts and develop a timetable toensure their full implementation.

 

**17.1.3**             **Enforcement of Part A.**  TheConsultant agrees that the covenants and representations in Part A above arematerial conditions to this contract. In the event the contracting entity receives information that theConsultant who made this stipulation required by this section is in violationthereof, the contracting entity shall review such information and give the Consultantan opportunity to respond.  If thecontracting entity finds that a violation has occurred, the entity shall havethe right to declare the Consultant in default and/or terminate this contractfor cause and procure the supplies, services or work from another source in anymanner the entity deems proper.  In theevent of such termination, the Consultant shall pay to the entity, or theentity in its sole discretion may withhold from any amounts otherwise payableto the

 

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Consultant, the difference between the contract price for theuncompleted portion of this contract and the cost to the contracting entity ofcompleting performance of this contract either itself or by engaging anotherconsultant or consultants.  In the caseof a requirements contract, the Consultant shall be liable for such differencein price for the entire amount of supplies required by the contracting entityfor the uncompleted term of its contract. In the case of a construction contract, the contracting entity shallalso have the right to hold the Consultant in partial or total default inaccordance with the default provisions of this contract, and/or may seekdebarment or suspension of the Consultant. The rights and remedies of the entity hereunder shall be in addition to,and not in lieu of, any rights and remedies the entity has pursuant to thiscontract or by operation of law.

 

**IN WITNESS WHEREOF:**The DSNY Agency Chief Contracting Officer acting on behalf of the City, and theContractor, have executed four original copies of this Contract.  Two copies will remain with DSNY, the thirdwill be filed with the Comptroller, and the fourth will be delivered to theContractor.

 
|   | **THE CITY OF NEW YORK**                            |                     |
|--------|-----------------------------------------------------|--------------------------|
|   | acting by  and through the Department of Sanitation |                     |
|   |                                                |                     |
|   |                                                |                     |
|   | By:                                                 | /s/  Ron Blenderman |   |   |
|   |                                                |                     | Agency Chief  Contracting Officer |   |   |
|   |                                                |                     |   |   |
|   |                                                |                     |   |   |
|   | **THE CONTRACTOR**                                  |                     | **(Corporate Seal)** |
|   |                                                |                     |   |   |
|   | By:                                                 |                     | /s/ Edward  L. Apuzzi |   |   |
|   |                                                |                     |   | Name |   |   |
|   |                                                |                     |   |   |   |   |
|   |                                                |                     |   |   |   |   |
|   |                                                |                     | Vice  President |   |   |
|   |                                                |                     |   | Title |   |   |
|        |                                                     |                          |  |  |  |  |  |

 

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**ACKNOWLEDGMENT BYAGENCY CHIEF CONTRACTING OFFICER**

 
| State of New  York  | ) |   |   |   |
|---------------------|---|--------|--------|--------|
|                | ) | ss:    |   |   |
| County of  New York | ) |   |   |   |

 

On this 19 day of September,2003, before me personally came Ronald Blenderman to me known and known to meto be the Agency Chief Contracting Officer of the Department of Sanitation ofthe City of New York, the person described as such in and who as such executedthe foregoing instrument and he acknowledged to me that he executed the same asCommissioner for the purpose therein mentioned.

 
|   | Subscribed and sworn to before me  this 19 day of September, 2003 |                                     |
|--------|-------------------------------------------------------------------|------------------------------------------|
|   |                                                              |                                     |
|   |                                                              |                                     |
|   | /s/ Delores  Henry                                                |                                     |   |
|   | Notary  Public                                                    |                                     |
|   |                                                              |                                     |
|   |                                                              | Delores  Henry                           |
|   |                                                              | Commissioner  of Deeds, City of New York |
|   |                                                              | No.  212422                              |
|   |                                                              | Cert.  Filed in New York County          |
|   |                                                              | Commission  Expires 9/26/04              |
|        |                                                                   |                                          |  |

 

D-44

----

 

**ACKNOWLEDGMENT OF APRINCIPAL OF A CORPORATION**

 
| State of New  Jersey | ) |   |   |   |
|----------------------|---|--------|--------|--------|
|                 | ) | ss:    |   |   |
| County of  Hudson    | ) |   |   |   |

 

On this 16 day of September,2003  ,before me personally came EdwardGrupi, who being by me duly sworn, did depose and say that he resides in thecity of Plainsboro, NJ; that he is the  Vice President   of theCorporation described as such in and which executed the foregoing instrument;that he knows the seal of said Corporation; that it was so affixed by order ofthe Board of Directors of said Corporation; and that he signed his or her namethereto by like order.

 

 
|   | Subscribed  and sworn to before me  this 16 day of Sept, 2003 |                         |
|--------|---------------------------------------------------------------|------------------------------|
|   |                                                          |                         |
|   |                                                          |                         |
|   | /s/ Sandra  Rufino                                            |                         |   |
|   | Notary  Public                                                |                         |
|   |                                                          |                         |
|   |                                                          |                         |
|   |                                                          | Sandra  Rufino               |
|   |                                                          | Notary  Public of New Jersey |
|   |                                                          | My  Commission Expires       |
|   |                                                          | March  1, 2008               |
|        |                                                               |                              |  |

 

 

**ACKNOWLEDGEMENT OF ANINDIVIDUAL**

 
| State of                                        | ) |   |   |   |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---|--------|--------|--------|
|                                                                                                                                                                                                                                     | ) | ss:    |   |   |
| County of                                                      | ) |   |   |   |

 

On this                                     day of                                      ,                         before me personally appeared                                         to me known and known to me to be the person described as such in and whoexecuted foregoing instrument and acknowledgment that he executed the same.

 
| Subscribed  and sworn to before me                                                                                                                                                                                                                                                       |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| this                        day  of                        , |
|                                                                                                                                                                                                                                                                                     |
|                                                                                                                                                                                                                                                                                     |   |
| Notary  Public                                                                                                                                                                                                                                                                           |

 

D-45

----

 

**ACKNOWLEDGMENT OF APRINCIPAL IF A PARTNERSHIP**

 
| State of                                        | ) |   |   |   |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---|--------|--------|--------|
|                                                                                                                                                                                                                                     | ) | ss:    |   |   |
| County of                                                      | ) |   |   |   |

 

On this                                     day of                                      ,                       before me personally appeared                                     to me known and known to me to be one of the members of the firm of                                     ,described as such in and who as such executed the foregoing instrument and heacknowledged to me that he executed the same as and for the act and deed ofsaid firm.

 
| Subscribed  and sworn to before me                                                                                                                                                                                                                                                                                                                                          |   |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
| this                         day  of                       ,              |   |
|                                                                                                                                                                                                                                                                                                                                                                        |   |
|                                                                                                                                                                                                                                                                                                                                                                        |   |   |
| Notary  Public                                                                                                                                                                                                                                                                                                                                                              |   |
|                                                                                                                                                                                                                                                                                                                                                                             |        |  |

 

D-46

----

 

**CONTRACT AUTHORITY**

 

MAYOR’S CERTIFICATE NO: CBX                                          DATED                    

 

BUDGET DIRECTOR’S CERTIFICATENO.                              DATED                     

 

**APPROPRIATIONCERTIFICATE DEPARTMENT OF SANITATION**

 

In conformity with theprovisions of Section 93c-3.0 of the Administrative Code of the City ofNew York, it is hereby certified that the estimated cost of the work, materialsand supplies required by the within contract, amounting to $34, 609,200.00 ischargeable to the budget of the Department of Sanitation as follows:

 
| Agency:                      |  827 |   | Budget Code: |         | 600    |
|------------------------------|-----------|--------|--------------|--------------|--------|
|                         |      |   |         |         |
| Unit of  Appropriation: 1124 |      |   |         | Object Code: |   | O1. |
|                              |           |        |              |              |        |  |  |

 

I further hereby certify thatthe specifications contained herein comply with the terms and conditions of theBUDGET.

 
|   |                              |
|--------|-----------------------------------|
|   |                              |   |
|   |                              |   |
|   | /s/ Ron  Blenderman               |   |
|   | for the  Department of Sanitation |

 

 

**COMPTROLLER’SCERTIFICATE**

 

The City of New York,                              ,                            

In pursuance of the provisionsof Section 93c-3.0 of the Administrative Code of the City of New York, Ihereby certify that there remains unapplied and unexpended a balance of theabove mentioned fund applicable to this Contract sufficient to pay the estimatedexpense of executing this Contract,$                         

 
|   |                                 |
|--------|--------------------------------------|
|   |                                 |   |
|   | Comptroller  of the City of New York |

 

D-47

----

 

**MODULE E:**

 

**SCHEDULE A:****            ****Contract-Specific Requirements including InsuranceRequirements (Pages Numbered E1)**

 

**General Insurance Provisions (Pages Numbered E2)**

 

**Payment Bond Form (If Payment Security is Required)**

 

**Performance Bond Form (If Performance Security is Required)**

 

----

 

**SCHEDULE A**

 

***CONTRACT-SPECIFIC REQUIREMENTS***

***FOR SERVICE AND SUPPLY AGREEMENTS***

 
| **ITEM**                                                                                                                                        |   | **CONTRACT PERFORMANCE  REQUIREMENTS**                                                              |                                                                                                                                                                                                           | **REFERENCE**                                                                |
|-------------------------------------------------------------------------------------------------------------------------------------------------|--------|-----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------|
| Project  Manager – Department Representative                                                                                               |   | Mark Suppa  Bureau Contracting Officer                                                              |                                                                                                                                                                                                           | Tel:  (646) 885-5056  Fax:  (212) 788-3906                         |
|                                                                                                                                            |   |                                                                                                |                                                                                                                                                                                                           |                                                                         |
| Term: Time  for Completion  

(The Time  for Completion of individual phases of the Work Contract may also be  provided when appropriate.) |   | Time for  Completion:  Three years with an  option to renew for two additional one year terms. |                                                                                                                                                                                                           | Agreement  (Module D, Article 2) and Detailed Specifications (Module C) |
|                                                                                                                                            |   |                                                                                                |                                                                                                                                                                                                           |                                                                         |
| Liquidated  Damages                                                                                                                             |   | o    

ý                                          | No

Yes:  See Section 5.2 of Detailed  Specifications for specific provisions.   All liquidated damages will be measured per the period given in the  Detailed Specifications or a fraction thereof. |                                                                         | Agreement  (Module D, Article 4.6) and Detailed Specifications (Module C) |
|                                                                                                                                            |   |                                                                                                |                                                                                                                                                                                                           |                                                                         |   |
| Subcontracting                                                                                                                                  |   | ý     

                                                         | Permitted: 80%  of the Contract Work may be subcontracted.                                                                                                                                                |                                                                         | Agreement  (Module D, Article 10.7) |
|                                                                                                                                            |   |                                                                                                |                                                                                                                                                                                                           |                                                                         |   |
|                                                                                                                                            |   | o                                                                          | Not  Permitted.                                                                                                                                                                                                |                                                                         |   |
|                                                                                                                                            |   |                                                                                                |                                                                                                                                                                                                           |                                                                         |   |
| Retained  Percentage                                                                                                                            |   | o                                                                          |       %  of each Partial Payment Voucher until       %  of Total Contract Amount is reached.                                                       |                                                                         | Agreement  (Module D, Article 6.3) |
|                                                                                                                                            |   |                                                                                                |                                                                                                                                                                                                           |                                                                         |   |
| Periodic  Partial  Payment for Work  Performed                                                                                                  |   | ý     YES                                                             | o   NO                                                                                                                                                                                          |                                                                         | See Module C |
|                                                                                                                                                 |        |                                                                                                     |                                                                                                                                                                                                                |                                                                              |  |  |  |  |

 

E1-1

----

 

**SCHEDULE A**

 

***CONTRACT-SPECIFIC REQUIREMENTS***

***FOR SERVICE AND SUPPLY AGREEMENTS***

 
| **REQUIRED  INSURANCE  (In Most Cases)**                                                                   |                                                                                                                                                                                                                                                                              | **REFERENCE** |
|------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------|
| ý                                                                                                     | Automobile  Liability: CA 0001 [Ed. 06/92] covering Automobile  Liability, Code 1 “Any Insurance” and Endorsements CA 2232 (Ed 4/92) and CA 0112  (Ed 6/91) or Equivalent, Combined Single Limit - Bodily Injury and Property  Damage  $1,000,000 each occurrence  |          | General  Conditions (Module E, Section 5) |
| If  Automobile Liability, above, is checked, the following types of automobile  coverage must be provided: |                                                                                                                                                                                                                                                                              |          |
|                                                                                                       |                                                                                                                                                                                                                                                                              |          |
| ý   comprehensive form

ý hired                                                             | ý   owned

ý   non-owned                                                                                                                                                                                                                                      |          |   |
|                                                                                                            |                                                                                                                                                                                                                                                                                   |               |  |  |

** **
| **OPTIONAL INSURANCE**

 

**DEPENDING ON THE SERVICES OR  SUPPLIES  BEING PROCURED.**                                                                                                                                             |                                                                                                                                                                                                                                                                                                                                                                        | **REFERENCE** |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------|
| o                                                                                                                                                                                                                                       | Professional  Liability:  per CNA Design  Professionals -1-87503A (ed 8/83) or equivalent as applicable for all design  and engineering service afforded under this contract except as approved by                                                                                                                                                                     |          | General  Conditions  (Module E, Section 4) |
|                                                                                                                                                                                                                                    |                                                                                                                                                                                                                                                                                                                                                                        |          |   |   |
|                                                                                                                                                                                                                                    | (Name)

$    ,000,000  per claim 

$     ,000,000  aggregate 

$                          maximum deductible [except as specifically approved pursuant to General  Conditions, Module E, Section 7(h). |          |   |
|                                                                                                                                                                                                                                    |                                                                                                                                                                                                                                                                                                                                                                        |          |   |
| o                                                                                                                                                                                                                                       | Builder’s  Risk (All Risk/Completed Value) 100% of Total Contract Amount                                                                                                                                                                                                                                                                                               |          | General  Conditions (Module E, Section 6) |
|                                                                                                                                                                                                                                    |                                                                                                                                                                                                                                                                                                                                                                        |          |   |
| If indicated  by an ý  below, the following additional hazards must be covered by insurance, or  additional types of insurance provided, with the City of New York and the  Department of Sanitation named as additional insureds: |                                                                                                                                                                                                                                                                                                                                                                        |          |
|                                                                                                                                                                                                                                         |                                                                                                                                                                                                                                                                                                                                                                             |               |  |  |  |  |

 

E1-2

----

 

**SCHEDULE A**

 

***CONTRACT-SPECIFIC REQUIREMENTS***

***FOR SERVICE AND SUPPLY AGREEMENTS***

 
| **ITEM**                                                            |   | **CONTRACT SECURITY REQUIREMENTS** |                                                                                                                                                                                                                                                                                                     | **REFERENCE** |
|---------------------------------------------------------------------|--------|------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------|
| Bid Security Requirements  (a Bid Bond is one form of Bid Security) |   | o

ý                          | Not Required

Required: Bid Deposit  equal to 2% of the Bidder’s proposed annualized capacity times the bid Price  Per Ton, or annualized Bid Contract Price (cash or certified check), or a Bid  Bond equal to 10% of the Bidder’s proposed annualized capacity times the bid  Price Per Ton. |          | Information for Bidders  (Module A, Section 30) |
|                                                                |   |                               |                                                                                                                                                                                                                                                                                                     |          |   |
| Performance Security /  Performance Bonds                           |   | o

ý                          | Not required

Required: 50% of the  Bidder’s proposed annualized capacity times the bid Price Per Ton.                                                                                                                                                                                              |          | Information for Bidders  (Module A, Section 31) and Agreement (Module D, Article 6.1) |
|                                                                |   |                               |                                                                                                                                                                                                                                                                                                     |          |   |
| Payment Security / Payment  Bonds                                   |   | ý

o                          | Not Required

Required: % of the  Contract Price                                                                                                                                                                                                                                                         |          | Information for Bidders  (Module A, Section 32) and Agreement (Module D, Article 6.1) |
| Other Security  Requirements                                        |   | o                                  | Other security (Describe)                                                                                                                                                                                                                                                                                |          | Agreement (Module D,  Article 6.1) |

 

E1-3

----

**TABLE OF CONTENTS**

 
| **1.** | **Workers’ Compensation Insurance:** |   |
|--------|-------------------------------------------|--------|
|   |                                      |   |
| **2.** | **Employer’s Liability Insurance:**  |   |
|   |                                      |   |
| **3.** | **Commercial General Liability:**         |   |
|   |                                      |   |
| **4.** | **Automobile Liability:**                 |   |
|   |                                      |   |
| **5.** | **Professional Liability:**               |   |
|   |                                      |   |
| **6.** | **Builders All Risk:**                    |   |
|   |                                      |   |
| **7.** | **Insurance Agreement:**                  |   |
|   |                                      |   |
| **8.** | **Protection of City Property:**          |   |

 

E2-i

----

 

**CERTIFICATE OF INSURANCE**

**(Front)**

 
| **NAME AND ADDRESS OF INSURED**:                                 |   | **FOR CITY  USE ONLY** |        |
|------------------------------------------------------------------|--------|------------------------|-------------|
|                                                             |   |                   |        |
|                                                             |   | **Date:**              |        |   |
|                                                             |   |                   |        |   |
|                                                             |   |                   | **Agency:** |   |   |
|                                                             |   |                   |        |   |
| **ADDITIONAL  INSURED****:**                                     |   | **Agency Code:**       |        |   |
|                                                             |   |                   |        |   |
| **N.Y.C./   Department of Sanitation(*Agency  Name*)** |   | **Contract #**         |        |   |
|                                                             |   |                   |        |   |
|                                                             |   | **Accepted By:**       |        |   |
|                                                             |   |                   |        |   |
|                                                             |   | **Title:**             |        |   |
|                                                                  |        |                        |             |  |  |  |  |  |  |  |

 

***The agent/brokerauthorized to do business in the state of New York, certifies that insurance ofthe kinds and types and for limits of liability herein stated, covering thework herein designated, has been procured by and finished on behalf of theinsured contractor and is in full force and effect for the periods listedbelow.***

 
| **TYPE OF  INSURANCE**                                             |   | **POLICY  NUMBER** |   | **EFFECTIVE  DATE** |   | **EXPIRATION  DATE** |   | **LIMITS OF  LIABILITY  (In Thousands)** |   | **LIMITS OF  LIABILITY  (In Thousands)** |
|--------------------------------------------------------------------|--------|--------------------|--------|---------------------|--------|----------------------|--------|------------------------------------------|--------|------------------------------------------|
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| A: Commercial General  Liability( )Per Occurrence  ( ) Claims Made |   |               |   |                |   |                 |   |                                     |   |                                     |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| B: Excess Liability                                                |   |               |   |                |   |                 |   |                                     |   |                                     |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| C: Professional Liability                                          |   |               |   |                |   |                 |   |                                     |   |                                     |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| D: Worker’s Compensation                                      |   |               |   |                |   |                 |   | LIMITS  AS REQUIRED  BY LAW              |   | LIMITS  AS REQUIRED  BY LAW              |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| E. Employer’s Liability                                       |   |               |   |                |   |                 |   |                                     |   |                                     |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| F: Automobile Liability                                            |   |               |   |                |   |                 |   |                                     |   |                                     |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| G: Builders’ Risk                                             |   |               |   |                |   |                 |   | %  of final  contract amount             |   | %  of final  contract amount             |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| H: Railroad Protective  Liability                                  |   |               |   |                |   |                 |   |                                     |   |                                     |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| I: Marine Protection &  Indemnity                              |   |               |   |                |   |                 |   |                                     |   |                                     |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| J: Jones Act                                                       |   |               |   |                |   |                 |   | LIMITS  AS REQUIRED  BY LAW              |   | LIMITS  AS REQUIRED  BY LAW              |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| K: Longshore Harborworkers                                         |   |               |   |                |   |                 |   |                                     |   |                                     |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| L: Other (Specify)                                                 |   |               |   |                |   |                 |   |                                     |   |                                     |
|                                                               |   |               |   |                |   |                 |   |                                     |   |                                     |
| **LOCATION AND DESCRIPTION OF WORK****:**                          |   |               |   |                |   |                 |

 

**These certificates described herein may not be canceledwithout a cancellation of a policy to which it is attached.  Such cancellation may issued by the companyor the insured giving thirty (30) days notice in writing to New York City’sComptroller’s Office & Contracting Agencies.  No policy referred to herein shall be changed, cancelled orterminated for any reason including expiration of the policy or nonpayment ofthe premiums unless thirty (30) days written notice has been received by thecontracting agency and the Comptroller’s office.**

 

**Policy coverage MUST agree with coverage stated on thiscertificate.  False statements ofcoverage are punishable under SECTION 2110 of the New York State InsuranceLaw.  As indicated in the StandardSpecifications of the contract, lines of coverage are NOT to be amended withdeducible causes of any kind without prior written approval of the (City of NewYork.**

 

----

** **

**CERTIFICATE OF INSURANCE****(Back)**

 
| **INSURANCE COMPANIES** |   | **ADDRESS** |
|-------------------------|--------|-------------|
|                    |   |        |
|                    |   |        |
|                    |   |        |
|                    |   |        |
|                    |   |        |
|                    |   |        |
|                    |   |        |
|                    |   |        |
|                    |   |        |
|                    |   |        |
|                    |   |        |
|                    |   |        |

 
|   | Broker’s Name: |   |   |
|--------|---------------------|--------|--------|
|   | Address:            |   |   |
|   |                |   |
|   | License #:          |   |   |
|   | Telephone #: ( )    |   |   |
|   | Contact Person:     |   |   |
|        |                     |        |        |  |  |  |

 

----

 

**GENERAL CONDITIONS FOR SERVICE ANDSUPPLY AGREEMENTS INSURANCE PROVISIONS**

 

**1.****                                     ****Workers’ Compensation Insurance****:**

 

Pursuant to Section 57 ofthe New York State Workers Compensation Law, the Contractor must offer proof ofworkers compensation and disability benefits coverage on behalf of allemployees who are to provide labor or service under this contract, twocertificates of such insurance or authority for self-insurance shall befurnished to DSNY.

 

**2.****                                     ****Emplover’s Liability Insurance****:**

 

Before performing any workon the Contract, the Contractor shall procure Employer’s Liability Insuranceaffording compensation because of bodily injury by accident or diseasesustained by any employee of the insured arising out of and in the course ofhis/her employment by the insured.  Twocertificates of such insurance or authority for self-insurance shall befurnished to DSNY. Certificates confirming renewals of insurance, shallbe presented not less than 30 days prior to the expiration date ofcoverage until all operations under the contract are deemed completed.

 

**3.****                                     ****Commercial General Liability****:**

 

Before commencing work atthe sites, the Contractor shall procure a commercial general liabilityinsurance policy in the contractor’s name and naming the City of New York,Department of Sanitation as additional insured and endorsed to cover liabilityassumed by the contractor under the indemnity provisions of this Agreement.This insurance policy must be maintained during the life of the contract andshall protect the City, the Department of Sanitation, and the contractor andhis/her subcontractors performing work at the site from claims for propertydamage and/or bodily injury which may arise from operations under thiscontract, whether such operations are performed by him/herself or anyonedirectly or indirectly employed by him. Two (2) certificates of insurance shallbe furnished in a manner acceptable to the Department of Sanitation, togetherwith copies of all endorsements as pertain to the requirements of thiscontract. (Limits above are as provided in GC 00 01 (ED 10/93).

 

The policy shall contain noexclusions or endorsements which are not acceptable to the City and shall be ofa form and by an insurance company acceptable to the City.

 

Contractor, at his option,may carry, in lieu of liability insurance provided above, comprehensive,general liability insurance with a limit per accident equal to the amountrequired in **Schedule A**.

 

E2-1

----

 

Sanitation andthe City and each officer, agent and the employee of the City or Department ofSanitation against all claims against any of them, for personal injury orwrongful death or property damage arising out of the negligent performance ofprofessional services or caused by an error, omission or negligent act of theContractor’s Engineer or anyone employed by the Contractor’s Engineer.

 

All subcontractors to thecontractor’s Engineer providing professional services under this contract shallalso provide evidence of professional liability insurance to the Department atlimits appropriate to the exposures of the subcontractor’s work, withdeductibles suitable for the financial capacity of the subcontractor andthrough carriers and on forms acceptable to the Department.

 

**6.****                                     ****Builders All Risk****:**

 

In construction contracts,when deemed necessary, before any materials are purchased under this contract,the contractor shall present the Department with certificates evidencing thatthe required insurance is in effect. The policy shall insure the city and theContractor as their respective rights may appear under the contract. The policyshall provide for storage and transport of materials, equipment, supplies ofany kind whatsoever to be used on or incidental to the project.

 

Builders Risk Policy: Shall containthe following endorsements:

 

(A)                              “Thispolicy insures against loss or damage only on work done under ContractNo.                        with New York City, in construction for the Department of Sanitation                        [PROJECT DESCRIPTION], which is susceptible to damage or loss.”

 

(B)                                Thepolicy must contain under the loss payable clause or by endorsement thereon:“Loss, if any, payable to the City of New York.”

 

The omissionof any of these endorsements or clauses from the policy will be considered acause for rejection of the policy.

 

The policyshall be stamped PAID, or receipted bills of payment of premium shall bedelivered with the builders’ risk insurance policy.

 

If theinsurance policy is that of a mutual company, it shall contain the following:

 

“TheCity of New York shall not be liable for any premium or assessment under thispolicy of insurance. The contractor who has entered into the contractedreferred to in this policy with the City of New York is solely liable.”

 

E2-2

----

 

(H)                               Inaddition, notification of any accidents arising in the course of operationsunder the contract that cause bodily injury or property damage shall also besent promptly to the

 

**Department of SanitationBureau of Legal Affairs125 Worth Street, Room 710 New York, NY 10013Attention: Deputy Commissioner for Legal Affairs**

 

(I)                                    TheContractor or his engineer may apply to Department for approval of higherdeductibles based on financial capacity and quality of the carrier affordingcoverage.

 

(J)                                   Inaddition to the above insurance requirements, the following terms andconditions shall apply and shall be written into the policies of insurance asriders:

 

(1)                                  Notices of claim shall be given by theContractor to its insurance company within 120 days after such claim shall befiled with the Comptroller of the City of New York.

 

(2)                                  Notices of all accidents shall be sent bythe Contractor to its insurance company and such notice shall be deemed noticeby the Contractor, by DSNY, and by the City to the insurance company.

 

(3)                                  The insurance company shall defend,indemnify and hold harmless the City, its officers, employees and agents fromany and all claims, suits, demands or judgements by reason of property damageor personal injuries, including death, arising out of or as a result of thiscontract.

 

(4)                                  The insurer waives all rights ofsubornation against the City, its officers, employees and agents.

 

(K)                               Noticeto the insurance company by the Contractor of an accident or claim on the site shallconstitute notice by DSNY and the City to the insurance company.

 

**8.****                                     ****Protection of City Property****:**

 

If City property is lost,damaged or destroyed as result of the operations of the Contractor or hissubcontractors, in the performance of this contract, of from his or theirfailure to comply with any of the provisions of this contract, or by law, theContractor shall indemnify and hold the City harmless from any and all costsand expense which the City may be subjected to which it may suffer or incur byreason thereof.

 

E2-3

----

 

**MODULE F:  ATTACHMENTS**

 

•                  Local Law 35Certification (if applicable)

 

•                  ExperienceQuestionnaire, Financial Requirements (Questionnaire Attached)

 

•                  Supply andService Employment Report

 

•                  VENDEX

 

----

 

**LOCAL LAW 35 CERTIFICATION**

 

----

 

***CERTIFICATION***

 

***LOCAL LAW 35***

 
| **AGENCY:** |   | New York  City Department of Sanitation |   | **BUREAU: **Waste Disposal                                                                                                                                |
|-------------|--------|-----------------------------------------|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------|
|        |   |                                    |   |                                                                                                                                                           |
| **PIN #:**  |   | 82703WD00036                            |   | **PROJECT:                          ** |

 

**DESCRIPTION OFSERVICE OR SUPPLY:**

 

**Export MunicipalSolid Waste from the Borough of Brooklyn (2003)**

 

**CONDITIONS OF LOCAL LAW 35 MUST MEET ALLOF THE FOLLOWING CRITERIA:**

 

·        Solicitation for new or renewal contractsissued on or after October 17, 1994.

·         

·        Contract is for provision of technical,consultant or personal services (including human/client services) valued atmore than $100,000.00.

* * * * * * * * * * *

The Agency has determined that the award of this contract.

 

| **o Will** |   | **ý Will Not** |
|------------|--------|---------------------|

 

 

directly result in the “displacement” of any City employee.

 

“Displacement” is defined byLocal Law 35 to mean “any employment action that results in a reduction in thenumber of funded position, including but not limited to, those resulting fromthe layoff; demotion; bumping; involuntary transfer to a new class, title, orlocation; time based reductions in customary hours of work, wages, or benefitsof any city employees.”

 
| BY:    | /s/  [Illegible]      |   | Date:  | 12-3-02 |   |
|--------|----------------------------|--------|--------|---------|--------|
|   | Bureau Contracting Officer |   |   |
|   | (Signature/Date)           |   |   |
|   |                       |   |   |
| BY:    | /s/  [Illegible]      |   | Date:  | 12-3-02 |   |
|   | Commissioner               |   |   |
|   | (Signature/Date)           |   |   |
|        |                            |        |        |         |        |  |  |

 

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**[EXPERIENCEQUESTIONNAIREANDCONTRACTOR’SFINANCIAL STATEMENT**

 

**(THE CONTRACTOR MAY SUBSTITUTE ANACCOUNTING STATEMENT FOR THE PRIOR SIX-MONTH PERIOD, BUT MUST INCLUDE THE TWOMOST RECENT BANK STATEMENTS AND THEAFFIDAVIT OF ACCURACY ATTACHED TO THECONTRACTOR’S FINANCIAL STATEMENT.)]**

 

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**CONTRACTOR’S**

**EMPLOYMENTREPORT**

**FOR SERVICEAND SUPPLY CONTRACTS**

 

**(andInstructions)**

 

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THE CITY OF NEW YORKDEPARTMENT OF BUSINESS SERVICESDIVISION OF LABOR SERVICESCONTRACT COMPLIANCE UNIT110 WILLIAM STREET — 2nd FloorNEW YORK, NY 10038

 

INSTRUCTIONS FOR THE SUPPLY AND SERVICECONTRACTOR’S EMPLOYMENT REPORT

 

CONTENTS:

 
| **Section** |   |                                                                                                                                             |                                                                                                                                             |
|-------------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------|
| I.          |   | Who must file a complete Employment Report                                                                                                       |                                                                                                                                             |
| II.         |   | Who must file a “Less Than 50 Employees  Certificate” L.T. 50                                                                          |                                                                                                                                             |
| III.        |   | For which facility must an Employment  Report be filed                                                                                           |                                                                                                                                             |
| IV.         |   | Who must file the “Less Than 150 Employees  Certificate” L.T. 150                                                                      |                                                                                                                                             |
| V.          |   | Where  to file                                                                                                                                   |                                                                                                                                             |
| VI.         |   | Who reviews the Employment Report                                                                                                                |                                                                                                                                             |
| VII.        |   | What comprises the Division of Labor  Services (DLS) Review Process                                                                              |                                                                                                                                             |
| VIII.       |   | Who must sign the Employment Report, the  “Less Than 150 Employees  Certificate” or the “Less Than 50 Employees Certificate” |                                                                                                                                             |
| IX.         |   | How to complete the Supply and Services  Employment Report                                                                                       |                                                                                                                                             |
|        |   | A.                                                                                                                                               | General Information                                                                                                                              |   |
|        |   | B.                                                                                                                                               | Part I - Contractor/Subcontractor  Information                                                                                                   |   |
|        |   | C.                                                                                                                                               | Part II - Documents Required                                                                                                                     |   |
|        |   | D.                                                                                                                                               | Part III - Employment Data Tables                                                                                                                |   |
|        |   |                                                                                                                                             | ICIP Applicant/Developer Contractor  Information                                                                                                 |   |
|        |   |                                                                                                                                             | Signature  Page                                                                                                                                  |   |
|        |   |                                                                                                                                             | Sample of Completed Data Tables                                                                                                                  |   |
| X.          |   | A.                                                                                                                                               | Appendix  A: Industry Codes                                                                                                                      |   |
|        |   | B.                                                                                                                                               | Appendix  B:  Broad Census Occupational Categories  (Occupational Categories) and Detailed Listing of Occupational Titles and  Census Codes |   |

 

NOTE:            DLS IS DEVELOPING COMPUTER CAPABILITY TORECEIVE WORKFORCE DATA ON DISKETTE.  IFYOU ARE INTERESTED IN MAKING A DISK SUBMISSION FOR PART III DATA, PLEASE CALL(212) 513-6342.

 

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I.              WHO MUST FILE A COMPLETE EMPLOYMENTREPORT (ER)

 

Inaccordance with Chapter 56 of the New York City Charter (Chapter 56), ExecutiveOrder No. 50 (1980) (E.O. 50), as amended, its implementing Rules (1982), thefiling of a completed ER is a requirement for doing business with the City ofNew York if you meet all of the following conditions:

 

1.             youhave been identified as the lowest bidder for a supply or service contract, oryour proposal for supplies or services has been accepted;

 

2.             thecontract value exceeds $50,000; and

 

3.             yourfirm employs a total of 50 or more people.

 

NOTE:            IF YOU ARE A SUBCONTRACTOR (SUPPLIER ORMANUFACTURER) PERFORMING ON A SUPPLY AND SERVICE CONTRACT AND YOU MEETCONDITIONS 2 AND 3 ABOVE, YOU MUST ALSO FILE A COMPLETE ER. THE CONTRACTOR ISRESPONSIBLE FOR THE SUBMISSION OF THE ER(S) BY EACH SUBCONTRACTOR MEETINGCONDITIONS 2 AND 3.  THE ER FOR THEPRIME CONTRACTOR WILL NOT BE CONSIDERED COMPLETE UNTIL DLS RECEIVES A COMPLETEAND DETAILED LISTING OF EACH SUBCONTRACTOR INVOLVED IN THE CONTRACT.  COMPLETED ERS FROM EACH APPROPRIATESUBCONTRACTOR MUST BE SUBMITTED 10 BUSINESS DAYS FOLLOWING THE AWARD OF THECONTRACT.

 

II.            WHO MUST FILE A “LESS THAN 50 EMPLOYEESCERTIFICATE”(see ER, page 13)

 

1.             If yourcontract value exceeds $50,000 and your company at all of its facilitiesemploys fewer than 50 employees, you need only submit a “Less Than 50 EmployeesCertificate” found on page 13 of the Employment Report.

 

2.             If youare a subcontractor to the prime contractor, the value of your subcontractexceeds $50,000 and your company at all of its facilities employs fewer than atotal of 50 employees, you need only submit the “Less Than 50 EmployeesCertificate” found on page 13 of the Employment Report.  DO NOT COMPLETE ANY OTHER PART OF THE ER.

 

III.           FOR WHICH FACILITY MUST AN ER BE FILED

 

1.             Aseparate ER will be forwarded for each facility involved in the performance ofthe contract.  This may be headquartersor any “independently operating facility”.

 

2.             An “independentlyoperating facility” is headquarters or a site separate from headquarters thatmakes its own personnel decisions including hires, transfers, promotions andtermination.  If staff employed by afacility are simply sent to a separate location to perform their work, they arestill considered part of that facility and are included in one ER.

 

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3.             Examplefor which ERs must be filed from separate facilities:  If your firm is supplying data processing equipment that ismanufactured at your Chicago, Illinois plant, sold by your sales office in EastOrange, New Jersey and serviced by your maintenance center in New York City,then an ER is necessary for each of the three sites.  DLS retains the right to request the submission of an ER fromheadquarters, if deemed appropriate.

 

NOTE:            IF YOU HAVE ANY QUESTIONS RELATING TO WHICHFACILITY(IES) YOUR ORGANIZATION MUST COMPLETE AND SUBMIT INFORMATION, PLEASECONTACT THE APPROPRIATE CITY AGENCY AS IDENTIFIED IN SECTION V BELOW.

 

IV.           WHO MUST FILE A “LESS THAN 150EMPLOYEES CERTIFICATE”(see ER, page 14)

 

1.             If yourcontract value exceeds $50,000 and your company employs between 50 and 149employees, only Parts I and II and the “Less Than 150 Employees Certificate”(see page 14 of the Employment Report) need be completed and submitted for eachindependently operating facility.  DONOT COMPLETE PART III (Pages 11 - 13), of the ER.

 

2.             If yourcompany is a subcontractor, the value of your subcontract exceeds $50,000 andyour company employs between 50 and 149 employees, only Parts I and II and the“Less Than 150 Employees Certificate” (see page 14 of the Employment Report)need be completed and submitted for each independently operating facility.  DO NOT COMPLETE PART III (Pages 10 - 12)of the ER.

 

V.            WHERE TO FILE

 

1.             TheER(s) or the “Less Than 50 Employees Certificate(s)” must be returned to thecity agency with which you are contracting (contracting agency), and allinquiries, regarding the Instructions and/or the ER must be directed to thecontracting agency, as well.

 

2.             DEPARTMENTOF GENERAL SERVICES/DIVISION OF MUNICIPAL SUPPLIES CONTRACTORS ONLY.  If you are contracting through theDepartment of General Services/Division of Municipal Supplies, you will submitthe ER or “Less Than 50 Employees Certificate” directly to Division of LaborServices, 110 William Street, 2nd Floor, New York, NY 10038.  All inquiries regarding the EmploymentReport Instructions and/or the ER must be directed to DLS.

 

NOTE:            THE ORIGINAL EMPLOYMENT REPORT MUST BESUBMITTED FOR DLS’ REVIEW.  HOWEVER, YOUSHOULD KEEP COPIES OF ALL MATERIALS AND DOCUMENTS SUBMITTED FOR EASY REFERENCEDURING AND AFTER THE REVIEW.

 

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VI.           WHO REVIEWS THE EMPLOYMENT REPORT

 

Thecontracting agency and/or DLS reviews the ER for completeness.  If any portion is incomplete you will benotified.

 

Uponreceipt of a completed ER, it is reviewed by DLS to ensure that your firm ororganization is in compliance with the City’s equal employment opportunityrequirements.

 

VII.          WHAT COMPRISES THE DIVISION OF LABORSERVICES’ REVIEW PROCESS

 

Inaccordance with E.O. 50, upon receipt by DLS of a completed ER, DLS conducts areview of the contractor’s current employment policies, practices andprocedures, as well as a statistical analysis of the workforce, if necessary.  The process is as follows:

 

1.             Withinfive (5) business days DLS will review the ER for completeness andaccuracy.  If any information is omittedor incorrect, or if necessary documents are not submitted, the submission shallbe deemed incomplete and DLS will inform the contractor.  The substantive compliance review does notcommence until the submission is complete. An incomplete submission will delay the review process and may precludeor interrupt the contract approval.

 

2.             If theER submission is complete the compliance review will proceed, resulting in oneof the following:

 

a)             A Certificate of Compliance valid for 24months;

b)            A Conditional Certificate of Compliance,valid for 3 months contingent upon conditions being satisfied;

c)             An Administrative Certificate ofCompliance, valid for 24 months;

d)            A Conditional Administrative Certificateof Compliance, valid for 3 months, if conditions are satisfied;

e)             Recertification Certificate valid for 24months;

f)             Continued Compliance Certificate, goodfor the instant contract if a Certificate of Compliance has been issued; or

g)            A Compliance Review Analysis Report.  (If the analysis yields a finding ofunderutilization of minorities and/or women resulting from policies orprocedures that may have a discriminatory effect, or other employment policiesor practices mitigating against equal employment opportunity, the contractorwill be asked to attend a conference to present a legal and/or factualexplanation, or to develop an Employment Program.  Any firm or organization making good faith efforts to takenecessary corrective actions to change policies found to have a disparateeffect on women and minorities may be issued a Conditional Certificate ofCompliance.)

 

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VIII.        WHO MUST SIGN THE EMPLOYMENT REPORT,THE “LESS THAN 150 EMPLOYEES CERTIFICATE” OR THE “LESS THAN 50 EMPLOYEESCERTIFICATE”

 

Thesignatory of these and all other documents submitted to DLS must be an officialof the firm, authorized to enter into binding legal agreements.

 

NOTE:    DLS WILL ONLY ACCEPT ORIGINALSIGNATURES.COPIES WILL BE REJECTED.

 

IX.           HOW TO COMPLETE THE EMPLOYMENT REPORT

 

A.            General Information

 

1.             Checkthe appropriate the contractual relationship (a or b) you will have with theCity as a result of this contract.  Ifyou are a subcontractor, you must state the name of the contractor for whom youare providing the goods, services, etc.

 

2.             Identifythe facility represented by the information submitted in this EmploymentReport.

 

3.             Youmust provide your Employer Identification or Tax Number.

 

4.             Youmust indicate the number of employees at this facility.

 

5.             Youmust check the entry corresponding with the description of your firm’sownership.

 

6.             Identifyyour firm’s industry code (see Appendix A).

 

NOTE:            READ BEFORE COMPLETINGB.  PART I

 

You say complete and submit only Part I, ifany of the three (3) following conditions apply to your organization.

 

1.             YouHave Prior Approval From DLS

 

You have a valid Certificate of Compliance,Conditional, Certificate of Compliance, Administrative Certificate of Approvalor Conditional Administrative Certificate of Approval, issued by DLS within thepast 24 months for the facility(ies) performing on this contract.  If so, complete only Part I and the requiredattachments.  (See Question 9a. of theER).

 

2.             YouHave Previously Submitted a Complete ER for this Facility

 

You have previously submitted an ER on thissame facility for a different contract for which you have not yet receivedcompliance approval.  If so,

 

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complete only Part I and the required attachments.  (See Question 9b. of the ER).

 

3.             YouHave Prior Approval From OFCCP

 

The facility(ies) involved in the performanceof this contract has within the past 12 months undergone an audit and receivedapproval by the U.S. Department of Labor, Office of Federal Contract CompliancePrograms (“OFCCP”) and is in compliance with all other requirements of E.O. 50and its implementing Rules.  If so,complete only Part I and submit the required attachments.  (See Question 10 of the ER).

 

B.            Part I - Contractor/SubcontractorInformation

 

1.             Statethe name of your organization.

 

2.             Statethe full address of the facility at which this ER was completed.

 

3.             Identifythe Chief Operating Officer of the organization (not necessarily thefacility).  Please provide a telephonenumber.

 

4.             Pleaseprovide the name of the person who can explain the information submitted inthis report, or respond to questions raised in connection with the review ofthis report.  Provide the telephonenumber at which this person can be reached. If this person is located at an address different from the facility forwhich this report is being submitted, provide the address where they canreceive correspondence directly.  Ifavailable, include fax number.

 

5.             Explainthe nature of the good(s) and/or service(s) being provided under this contract.(see page 2 of the ER)

 

6a.           Identifythe Agency with which you have the contract to provide the good(s) and/orservice(s).  If the Department ofGeneral Services/Division of Municipal Supplies (DMS) is contracting with yourorganization on behalf of a user agency (e.g. Department of Sanitation), pleaseindicate that DMS is the contracting agency.

 

b.             Identifythe contract value.

 

c.             Identifythe term or duration of the contract. If no terms or expiration date is indicated in the contract, pleaseindicate your projected performance completion date.

 

7.             Listthe names and addresses of all of your firm’s facilities which are performingwork on this contract.  For example, acomputer organization might have a sales office in Newark, New Jersey whichnegotiated and/or submitted a contract proposal, manufacturing facilities inTetersboro, New

 

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Jersey and Schaumberg, Illinois which produced theequipment; and a facility in New York City providing systems analysts,programmers and technicians to develop, install and maintain the system.  Since all four (4) facilities are involvedin performing the contract, all four (4) are operating facilities, and theymust be identified.  If a facility’semployment policies, procedures and employment action determinations are madeat a different facility or headquarters, that facility must be identified aswell.  If you are uncertain whether aparticular facility should be included, refer to Section III, page 1 ofthese instructions and/or call DLS at (212) 618-8836 or 513-6342.

 

IF YOU FAIL TO IDENTIFY ALL OF THE OPERATING FACILITIES, THE OMISSIONWILL RENDER THE EMPLOYMENT REPORT SUBMISSION INCOMPLETE. INCOMPLETENESS WILLINTERRUPT AND DELAY THE COMPLIANCE REVIEW IN PROGRESS.

 

AN ER, COMPLETED PURSUANT TO THESE INSTRUCTIONS, MUST BE SUBMITTED FOREACH OF THE FACILITIES LISTED ABOVE IN QUESTION 7.

 

8.             IMPORTANT.  All subcontractors with subcontracts inexcess of $50,000 must be identified by name and address.  As a selected proposed contractor you mustensure that each of your subcontractors obtain an Employment Report as soon aspossible after your organization is selected to perform on the City contract.

 

9a.           Thisquestion refers to your firm’s particular facility locations which have beenreviewed and certified within the past 24 months.  If the operating facilities in the current proposed contractinclude any location(s) different from those reviewed and certified in the past24 months, ERs must be submitted for these facilities. (See InstructionsSections III and IV).

 

9b.           If allof the facilities involved in this proposed contract of the ER being reviewedby DLS, then you may complete and submit only Part I of the ER for eachoperating facility.  Be certain toidentify the date on which you submitted the completed ER(s), the name of theCity contracting agency with which the contract was made, and the name andtelephone number of the person to whom the ER was submitted.

 

10.           Was anApproval issued in the last 24 months pursuant to an OFCCP Audit of thefacility for which this ER is being submitted? When answering this question, be careful to consider only thoselocations which the OFCCP actually audited. DLS will not consider OFCCP approvals and certifications for facilitylocations which were not actually audited.

 

a.             Identify the reviewing OFCCP office byits name and address;

 

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b.             Was an unconditional certificate ofcompliance issued within the past 24 months by the OFCCP?  If yes, attach a copy of the certificate inlieu of completing Employment Report Parts II and III.

 

c.             Provide a copy of all stated OFCCPfindings.  Include copies of allcorrective actions and documentation of their performance.

 

IF YOU ARE SUBMITTING ONLY PART I OF THE ER, YOU MUST SUBMIT A COPY OFTHE FIRM’S EEO STATEMENT AS IT IS PRESENTED IN THE COMPANY PUBLICATIONS/POSTEDON BULLETIN BOARDS.

 

Ifyou are only required to complete Employment Report Part I, TURN TO PAGE 8 ofthe Employment Report and sign and notarize the Employment Report.  Then submit it to the appropriatecontracting agency. (See Section V. page 2)

 

C.            Part II – DOCUMENTS PROVIDED

 

Questions

11a.                         You must respond to thequestions as to whether or not your firm has documents reflecting writtenpolicies, benefits and procedures.  Ifso, then you must identify by name each document in which thepolicy(ies), procedure(s) or benefit(s) is located and submit copies of eachdocument.

 

If your firm follows unwritten practices or procedures, then you mustexplain in writing how they operate.

 

REMEMBER TO LABEL ALL DOCUMENTS WITH THE QUESTION NUMBER FOR WHICH THEYARE SUBMITTED.

 

Questions

12a. and b.             There are two parts to this question.  Part (a) concerns the manner/method by whichyou comply with the requirements of the Immigration Reform and Control Act of1986 (IRCA).  Part (b) inquires intowhere and how I-9 Forms are maintained and stored.

 

Questions

13a. and b.             There are two parts to this question.  Part (a) concerns the firm’s requirementthat an applicant or employee be subjected to a medical examination at anygiven time.  Part (b) requires thesubmission of medical information questionnaires used by the firm.

 

Questions

14a. and b.             There are two parts to this question.  Part (a) asks you to indicate the existenceand location of all statements of your firm’s Equal Employment

 

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Opportunity policy and to attach a copy of each statement.  Part (b) asks you to submit your currentAffirmative Action Plan(s).

 

Questions

15a. and b.             There are two parts to this question.  If your firm or collective bargainingagreement has an internal grievance procedure, part (a) asks you to indicatethis and submit a copy of the policy and procedure.  If unwritten, part (b) asks you to explain is nature and operation.  Explain how your firm’s procedure addressesEEO complaints.

 

Question 16.          If your employees have used an internal grievanceprocedure in the last three (3) years, please submit an explanation in theformat indicated below:

 
| **Number the  Complaint(s)  (e.g. 1, 2, 3 ...)** |   | **Nature of the  Complaint(s)** |   | **Position(s) of  Complainant(s)** |   | **Investigation  Conducted  Yes/No, Type** |   | **Current  Status/Disposition** |
|--------------------------------------------------|--------|---------------------------------|--------|------------------------------------|--------|--------------------------------------------|--------|---------------------------------|

 

Question 17.          Indicate whether in the past three (3) yearscomplaints have been filed with a court of law or administrative agency, namingyour firm as a defendant (or respondent) in a complaint alleging violation ofany anti-discrimination or affirmative action laws.  If yes, develop and submit a log to show, for eachadministrative/and or judicial action filed, the following information:

 
| **Name(s) of  Complainant(s)** |   | **Administrative agency  or court in which  action was filed** |   | **Nature of the  Complaint(s)** |   | **Current  Status** |   | **If not pending,  the Complaint’s  Disposition** |
|--------------------------------|--------|----------------------------------------------------------------|--------|---------------------------------|--------|---------------------|--------|--------------------------------------------------------|

 

Question 18.          Identify each job for which a physical qualificationexists.  Identify and explain thephysical qualification(s) for each stated job. Submit job descriptions for each job and the reasons for thequalifications.

 

Question 19.          Identify each job for which there exists anyqualification related to age, race, color, national origin, sex, creed,disability, marital status, sexual orientation or citizenship status.  Identify and explain the specific relatedqualification for each job stated. Submit job descriptions for each job and the reasons for thequalifications.

 

Question 20.          If the conditions apply, check the appropriateboxes.

 

Question 21.          Please indicate the relevant geographic recruitmentor labor market area(s) (i.e. nation, specific county or specific metropolitan,statistical area) for each job category employed at this facility.

 

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D.            Part III:  Employment Data Tables Include:

 

Form A.                  Job Classification andIncumbents Form (see ER, page 11)

 

Form B.                  New Hires Form/TrackingEmployees Hired Over The Last Three Years (see ER, page 11)

 

Form C.                  Terminations Form:  Employment Termination Over The Last ThreeYears (see ER, page 12)

 

NOTE:            IDENTIFY THE FIRM AND FACILITY LOCATION ATTHE TOP RIGHT CORNER OF EACH WORKFORCE DATA TABLE PAGE.  THESE SHEETS ARE SEPARATED FROM THE OTHEREMPLOYMENT REPORT MATERIALS FOR PURPOSES OF COMPUTER PROCESSING.

 

FORM A.  JOB CLASSIFICATION AND INCUMBENTS REPORT

 

FILL OUT THIS FORM AS FOLLOWS:  (See page 10 of the ER)

 

1.             OccupationalCategory

 

(a)           This formrequires that you list and classify each company job title which exists in thereported facility.

 

(b)           Inselecting the appropriate occupational category for each job title please notethat the occupational categories listed in abbreviated form at the upper rightcorner reflect the eleven (11) occupational categories utilized in the 1990Census. These occupational categories are listed in Appendix B (page 25) andappear as italicized headings within the parenthesis above each group ofoccupational titles listed in Appendix B. Be sure you are using the correct occupational category when selectingthe category in Appendix B that most closely corresponds to your company jobtitles.  For purposes of this reportplease use only the nine categories listed on Form A.

 

(c)           Beforeyou fill out Form A, please circle the occupational category at the top of thepage in order to identify the job titles being reported on the page.  Remember, if you circle “professional” thepage should reflect only those titles classified as professionals.

 

(d)           You mustuse separate pages of Form A for each occupational category.  You should photocopy as many forms as youreed to report all of the titles.

 

(e)           You mustindicate the name and location of the reported facility in the upper right handcorner of Form A.

 

Column 1 - Company Job Title

 

1.             Listall job titles which fall within the category circled. (These are titles, notcensus codes, occupational categories or specific people)

 

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NOTE:            IF YOU HAVE AN UNUSUAL COMPANY JOB TITLEWHICH YOU ARE UNABLE TO PLACE WITHIN AN OCCUPATIONAL CATEGORY, PLEASE FILL OUTTHE JOB DESCRIPTION FORM (EMPLOYMENT REPORT, PAGE 15) AND DLS WILL CLASSIFYTHAT TITLE FOR YOU.

 

2.             If,within the past three years, employees were hired into or terminated from a jobtitle which is no longer utilized by your firm, the job title must be reportedand job grouped in columns 1 and 3.

 

Column 2 - Company Job Number

 

1.             Assigna job number to each company job title listed in column 1.  If your company does not use numbers toidentify job titles, then simply assign a number to each job title.  COMPANY JOB NUMBERS MUST BE JOB TITLEDISTINCT AND EACH JOB NUMBER CAN BE USED ONLY ONCE.  EACH JOB TITLE MUST BE ASSIGNED TO ONE AND ONLY ONE JOB NUMBER.

 

2.             Jobnumbers must have at least one digit and no more than 7 digits or spaces.  You may use numbers, letters, dashes orslashes.

 

3.             Thesenumbers will be used again in columns 5 and 8 of the New Hires Form and column6 of the Termination Form.

 

Column 3 - Census Codes

 

1.             Referto the occupational titles in Appendix B (page 26 of these Instructions).  Find the occupational title which mostclosely matches the job function of the title in column 1, then list thecorresponding census code.

 

2.             Whereapplicable, the same census code may be assigned to different job titles. Forexample, the job titles senior accountant and junior accountant may both beassigned census code 023 (accountants and auditors).

 

NOTE:            IF YOU ARE UNABLE TO FIND A SUITABLE CENSUSCODE MATCH TO ONE OR MORE OF YOUR COMPANY JOB TITLES, FILL IN THE JOBDESCRIPTION FORM (ER, PAGE 15) AND DLS WILL MATCH IT TO A CENSUS CODE.

 

Column 4 - Job Groups (Column 4 is divided into fivesub-columns.)

 

1.             JOBGROUPS are rankings of job titles within occupational categories each job groupshould contain jobs with similar content (i.e., duties and responsibilities,pay rate and employment opportunity).

 

2.             Look ateach of the job titles (column 1) that fall within the same occupationalcategories (Column 3) and rank the job titles (i.e.. rank all managerial titles

 

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against one another, then clerical titles against oneanother, then the professional titles against one another and so on).

 

3.             Withineach occupational category, job group 1 is the job group containing the jobtitles with the highest wage rates, best opportunities and mostresponsibility.  The next highest levelof job titles are similarly checked off in job group 2 and so on.

 

4.             If twojob titles have similar pay rate, opportunity and responsibility, they may bechecked off in the same job group.  Butyou may not skip a job group within an occupational category:  THE RANKINGS IN EACH OCCUPATIONAL CATEGORYMUST BEGIN WITH JOB GROUP 1, THEN JOB GROUP 2, THEN JOB GROUP 3 AND SO ON.  (It is not necessary to reach Job Group 5,and in fact most small and medium-sized organizations do not.)

 

NOTE:            UNDER LIMITED CIRCUMSTANCES, DLS WILL ALLOWMORE THAN FIVE JOB GROUPS TO BE ESTABLISHED IN AN OCCUPATIONAL CATEGORY, BUT INNO INSTANCE WILL MORE THAN TEN JOB GROUPS BE ALLOWED.  IF YOU BELIEVE THAT MORE THAN FIVE JOB GROUPS IN ANY OCCUPATIONALCATEGORY IS ABSOLUTELY NECESSARY, YOU MAY CALL DLS AND ASK FOR THE TECHNICALASSISTANCE UNIT AT (212) 513-6342 or 618-8836.

 

COLUMNS 5 – 15: (INCUMBENTS)

 

1.             InColumn 5, record the total number of your current employees by job title.

 

2.             InColumns 6-15, distribute by sex and minority status (see below), the totalnumber of incumbents in each job title. Add the totals in column 5 for the entire occupational category (e.g.,Managers) and place the resulting number in the box at the top left hand cornerof the page.  If there are no incumbentsin an occupational category, you must report zero (0).

 

3.             “Minority,”“Minorities,” or “Minority Group” means: Black, Hispanic (Non-European), Asian and Native American (AmericanIndian, Eskimo, Aleut).

 

These groups are defined as follows:Black:  descended from any of theBlack African racial groups and not of Spanish origin;

 

Hispanic:  of Mexican, PuertoRican, Cuban, Dominican, Central or South American Spanish origin or cultureregardless of race;

 

Asian or Pacific Islander: descended from any of the original peoples of the Far East, SoutheastAsia, the Indian subcontinent, or the Pacific Islands;

 

Native American, Alaskan Native: descended from any of the original peoples of

 

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North America or Alaska and maintaining identifiable tribal affiliationthrough membership and participation or community recognition.

 

4.             Theincumbents reported should reflect a snapshot of your workforce as of the dateyour Employment Report was completed.

 

FORM B.               NEW HIRES FORM/TRACKING EMPLOYEES HIRED OVER THELAST THREE YEARS

 

FILL OUT THIS FORM AS FOLLOWS:  (See page 11 of the ER)

 

1.             The NewHires Form calls for information concerning only those employees hired over thelast three years, *including those who are no longer with your firm.*

 

2.             If anyrequired information is unavailable, please contact the city agency with whichyou are contracting (contracting agency). If you are contracting through the Department of GeneralServices/Division of Municipal Supplies, you must contact the Division of LaborServices directly.

 

Column 1 - Social Security No. or Employee ID No.

 

1.             Writethe social security number or employee ID number of all employees hired. Eachpermanent ID number must be employee specific.

 

Columns 2-3: Sex and Race/Ethnic Code

 

1.             Usingthe codes at the bottom of the form, fill in the sex and race of each employeelisted in column 1.

 

2.             “Minority,”“Minorities. “ or “Minority Group” means: Black, Hispanic (non-European), Asian, and Native American (AmericanIndian, Eskimo, Aleut).  These groupsare defined on page 10 of these Instructions.

 

Column 4 - Year of Hire

 

1.             Enteryear of hire for each employee hired within the past three years.

 

2.             Ifthere are no “new hires” for one or more of the past three years, pleaseindicate this at the certification box located below the legends.

 

Column 5 - Company Job Number at Hire

 

1.             Listthe company job number (Form A, Column 2) for the title in which the employeewas hired.

 

2.             Allcompany job numbers utilized on this form must be reported on Form A, even ifthe job title that the job number represents no longer exists.

 

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NOTE:            IF A COMPANY NUMBER IS LISTED AS A THREEDIGIT NUMBER ON THE JOB CLASSIFICATION AND INCUMBENTS FORM (i.e. 006), THATPRECISE THREE DIGIT NUMBER MUST BE UTILIZED IN THIS COLUMN AND IN COLUMN8.  DO NOT SUBSTITUTE 6 FOR 006.

 

Column 6 – Matching Census Code

 

1.             Referto the census codes which were assigned to the job titles on Form A.  List the census code assigned to the companyjob title into which the employee was hired.

 

2.             Whenthe same company job number is listed more than once in column 5, the samecensus code must be assigned each time that company job number is reported.

 

3.             Whereapplicable, the same census code nay be assigned to different company jobnumbers.  For example, job titles senioraccountant and junior accountant may both be assigned detailed census code 023(accountants and auditors).

 

4.             If youare unable to find a suitable census code match for one or more of your companyjob titles, fill in the Job Description Form in the Employment Report, page 15)and DLS will match it to a census code.

 

Column 7 - Weekly Salary at Hire

 

1.             Reportthe weekly salary of each employee listed at hire.  If not weekly, salaries must still be listed in a uniform manner(i.e., monthly salaries instead of weekly).

 

Column 8 - Current Company Job Number

 

1.             Enterthe current company job number of each employee listed.  This may or may not be a change from column5, depending on whether there was a change in job title (promotion, transfer,demotion) for the employee.

 

2.             If anyemployee listed as a new hire is no longer with your firm, place an “I” in thiscolumn if the employee was discharged or laid off, a “V” if the employeeresigned, an “R” if the employee retired and a “D” if the employee is deceased.

 

NOTE:            REMEMBER THAT ALL COMPANY JOB NUMBERSUTILIZED ON THIS FORM MUST HAVE BEEN REPORTED ON FORM A.

 

Column 9 - Weekly Current Salary

 

1.             Enterthe current salary of each employee listed. This may or may not be a change from column 7.  This salary must be reported in the same uniform manner (i.e.weekly, monthly) as column 7.

 

----

 

2.             If anyemployee listed is no longer with your firm, place an “I”, “V”, “R”, or a “D”in this column as appropriate.

 

FORM C.               TERMINATIONS FORM/EMPLOYMENT TERMINATIONSOVER THE LAST THREE YEARS

 

FILL OUT THIS FORM AS FOLLOWS:  (See page 12 of the ER)

 

1.             TheTerminations Form calls for information concerning only those employees whoseemployment terminated over the last three years.  If no termination occurred in any of the past three years,indicate this fact in the certification box.

 

2.             If anyrequired information is unavailable, please contact the city agency with whichyou are contracting (contracting agency). If you are contracting through the Department of GeneralServices/Division of Municipal Supplies, you must contact the Division of LaborServices directly.

 

Column 1: Social Security No. or Employee ID No.

 

1.             Writethe social security number or other permanent employee ID number for each employeelisted.  Each permanent ID numberutilized must be employee specific. Please be sure that all employees listed on the “New Hires Form” asterminated (with a “V”, “R”, “I” or “D” in columns 8 and 9) are consistentlyreported on this Form.

 

Columns 2-3: Sex and Race/Ethnic Code

 

1.             Usingthe codes at the bottom of the form fill in the sex and race of each employeelisted in column 1.

 

2.             “Minority,”“Minorities,” or “Minority Group” means: Black, Hispanic (non-European), Asian, and Native American (AmericanIndian, Eskimo, Aleut).  These groupsare defined on page 10 of these Instructions.

 

Column 4:  Ageat Termination

 

1.             Indicatethe age of each employee listed.  PLEASEDO NOT GIVE BIRTHDATES.

 

Column 5:  Yearof Hire

 

1.             If anyemployee listed on this form was rehired, enter the year of last hire.

 

Column 6:  LastCompany Job Number

 

1.             Enterthe last company job number assigned to terminees (this number must be from thejob numbers assigned on Form A, column 2).

 

----

 

Remember that all company job numbers utilized on thisform must be reported on the Form A, even if the title and number no longerexist.

 

Column 7:  Yearof Termination

 

1.             Indicatethe year of employee’s termination.

 

Column 8:  Typeof Termination

 

1.             Indicatethe type of termination by placing an “I” in this column if the employee wasdischarged or laid off, a “V” if the employee. resigned, an “R” if theemployees retired or a “D” if the employee is deceased.

 

NOTE:            REMEMBER THAT ALL COMPANY JOB NUMBERSUTILIZED ON THIS FORM MUST HAVE BEEN REPORTED ON FORM A.

 

----

 

Instructionfor Completing Questions forICIP Applicant/DeveloperContractor Information

 
| (a, b) |   | State the lot and block number for this project.                                                                                                                                                                                                                                                                                                                                                                                                                          |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (c)    |   | State the address of the project and a trade-specific description of  the work to be performed.                                                                                                                                                                                                                                                                                                                                                                           |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (d)    |   | State the borough in which this work is being performed.                                                                                                                                                                                                                                                                                                                                                                                                                  |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (e)    |   | State the preliminary application number issued by the Department of  Finance.                                                                                                                                                                                                                                                                                                                                                                                            |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (f)    |   | State the organizational or corporate name of the applicant of this  tax abatement.                                                                                                                                                                                                                                                                                                                                                                                       |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (g)    |   | State the address for the headquarters of the organization, listed in  (f).                                                                                                                                                                                                                                                                                                                                                                                               |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (h, i) |   | State the name, title and telephone number of the person to contact  at the organization listed in (f).                                                                                                                                                                                                                                                                                                                                                                   |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (j)    |   | State your corporation or organization’s employer identification or  social security number used for tax purposes.                                                                                                                                                                                                                                                                                                                                                   |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (k)    |   | State the name of any organization or corporate entity with which  your organization has contracted a consultant on this project.                                                                                                                                                                                                                                                                                                                                         |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (l)    |   | State the cost of this construction project as estimated on the  preliminary application form.                                                                                                                                                                                                                                                                                                                                                                            |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (m)    |   | State the commencement date for this entire project.                                                                                                                                                                                                                                                                                                                                                                                                                      |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (n)    |   | State the completion date for this entire project.                                                                                                                                                                                                                                                                                                                                                                                                                        |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (o)    |   | Indicate whether your organization or corporate identity has  contracted with a Construction Manager or general Contractor on this  project.  (It is possible that this  project will use both Construction Managers and General Contractors.  If so, please indicate this fact.  It is possible that the work on this  project will be performed and/or monitored in phases.  If there is more than one Construction  Manager, please indicate this. |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (p-s)  |   | State the organizational corporate name, address and contact person  of the entity(ies) represented in response to (o).  Also, indicate the proposed contract amount(s).                                                                                                                                                                                                                                                                                             |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (t)    |   | Indicate whether subcontractors are being used on this project.  If more than one subcontractor is being  used, indicate the number of subcontractors in the bracket next to the  “yes” response, here.                                                                                                                                                                                                                                                    |
|   |   |                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
| (u-x)  |   | State the organizational or corporate name, address, and contact  person or the entity represented in response to (t).  Also, indicate the proposed contract  amount(s).                                                                                                                                                                                                                                                                                             |

 

----

 

SIGNATURE PAGE(See page 8 of the ER)

 

Thesignatory of this Employment Report and all other documents submitted to DLSmust be an official authorized to enter into a binding legal agreement.

 

THE SIGNATURE PAGE MUST BE COMPLETED IN ITS ENTIRETY ANDNOTARIZED.  ONLY ORIGINAL SIGNATURESWILL BE ACCEPTED.

 

rev: 4/94

 

----

 

APPENDIX A: INDUSTRY CODES

 

INDUSTRY CATEGORY

 
|   |   | AGRICULTURE, FORESTRY, AND FISHERIES                       |
|--------|--------|------------------------------------------------------------|
|   |   |                                                       |
| 010    |   | Agricultura1 production, crops                             |
| 011    |   | Agricultural production, livestock                         |
| 012    |   | Veterinary services                                        |
| 020    |   | Landscape and horticultural services                       |
| 030    |   | Agricultural services, n.e.c.                              |
| 031    |   | Forestry                                                   |
| 032    |   | Fishing, hunting, and trapping                             |
|   |   |                                                       |
| MINING |
|   |   |                                                       |
| 040    |   | Metal mining                                               |
| 041    |   | Coal mining                                                |
| 042    |   | Oil and gas extraction                                     |
| 050    |   | Nonmetallic mining and quarrying, except fuels             |
|   |   |                                                       |
| 060    |   | CONSTRUCTION                                               |
|   |   |                                                       |
|   |   | MANUFACTURING                                              |
|   |   |                                                       |
|   |   | Nondurable Goods                                           |
|   |   |                                                       |
|   |   | Food and kindred Products                                  |
| 100    |   | Meat products                                              |
| 101    |   | Dairy products                                             |
| 102    |   | Canned, frozen, and preserved fruits and  vegetables       |
| 110    |   | Grain Mill products                                        |
| 111    |   | Bakery products                                            |
| 112    |   | Sugar and confectionery products                           |
| 120    |   | Beverage industries                                        |
| 121    |   | Miscellaneous food preparations and kindred  products      |
| 122    |   | Not specified food industries                              |
| 130    |   | Tobacco manufactures                                       |
|   |   |                                                       |
|   |   | Textile mill products                                      |
| 132    |   | Knitting mills                                             |
| 140    |   | Dyeing and finishing textiles, except wool  and knit goods |
| 141    |   | Carpets and rugs                                           |
| 142    |   | Yarn, thread, and fabric mills                             |
| 150    |   | Miscellaneous textile mill products                        |
|   |   |                                                       |
|   |   | Apparel and other finished textile products                |
| 151    |   | Apparel and accessories, except knit                       |

 

----

 
| 152    |   | Miscellaneous fabricated textile products                       |
|--------|--------|-----------------------------------------------------------------|
|   |   |                                                            |
|   |   | Paper and allied products                                       |
| 160    |   | Pulp, paper, and paperboard mills                               |
| 161    |   | Miscellaneous paper and pulp products                           |
| 162    |   | Paperboard containers and boxes                                 |
|   |   | Printing. publishing. and allied industries                     |
| 171    |   | Newspaper publishing and printing                               |
| 172    |   | Printing, publishing, and allied  industries, except newspapers |
|   |   | Chemicals and allied products                                   |
| 180    |   | Plastics, synthetics, and resins                                |
| 181    |   | Drugs                                                           |
| 182    |   | Soaps and cosmetics                                             |
| 190    |   | Paints, varnishes, and related products                         |
| 191    |   | Agricultural chemicals                                          |
| 192    |   | Industrial and miscellaneous chemicals                          |
|   |   | Petroleum and coal, products                                    |
| 200    |   | Petroleum refining                                              |
| 201    |   | Miscellaneous petroleum and coal products                       |
|   |   | Rubber and miscellaneous plastic products                       |
| 210    |   | Tires and inner tubes                                           |
| 211    |   | Other rubber products, and plastics  footwear and belting       |
| 212    |   | Miscellaneous plastics products                                 |
|   |   | Leather and leather products                                    |
| 220    |   | Leather tanning and finishing                                   |
| 221    |   | Footwear, except rubber and plastic                             |
| 222    |   | Leather products, except footwear                               |
|   |   | DURABLE GOODS                                                   |
|   |   | Lumber and wood products, except furniture                      |
| 230    |   | Logging                                                         |
| 231    |   | Sawmills, planning mills, and millwork                          |
| 232    |   | Wood buildings and mobile homes                                 |
| 241    |   | Miscellaneous wood products                                     |
| 242    |   | Furniture and fixtures                                          |
|   |   | Stone, clay, glass and concrete products                        |
| 250    |   | Glass and glass products                                        |
| 251    |   | Cement, concrete, gypsum, and plaster  products                 |
| 252    |   | Structural clay products                                        |
| 261    |   | Pottery and related products                                    |
| 262    |   | Miscellaneous nonmetallic mineral and stone  products           |
|   |   | Metal industries                                                |
| 270    |   | Blast furnaces, steelworks, rolling and  finishing mills        |
| 271    |   | Iron and steel foundries                                        |
| 272    |   | Primary aluminum industries                                     |
| 280    |   | Other primary metal industries                                  |
| 281    |   | Cutlery, hand tools, and general hardware                       |
| 282    |   | Fabricated structural metal products                            |

 

----

 
| 290                                                        |   | Screw machine products                                      |
|------------------------------------------------------------|--------|-------------------------------------------------------------|
| 291                                                        |   | Metal forging and stampings                                 |
| 292                                                        |   | Ordinance                                                   |
| 300                                                        |   | Miscellaneous fabricated metal products                     |
| 301                                                        |   | Not specified metal industries                              |
|                                                       |   | Machinery and computing equipment                           |
| 310                                                        |   | Engines and turbines                                        |
| 311                                                        |   | Farm machinery and equipment                                |
| 312                                                        |   | Construction and material handling machines                 |
| 320                                                        |   | Metalworking machinery                                      |
| 321                                                        |   | Office and accounting machines                              |
| 322                                                        |   | Computers and related equipment                             |
| 331                                                        |   | Machinery, except electrical, n.e.c.                        |
| 332                                                        |   | Not specified machinery                                     |
|                                                       |   | Electrical machinery, equipment and supplies                |
| 340                                                        |   | Household appliances                                        |
| 341                                                        |   | Radio, TV, and communication equipment                      |
| 342                                                        |   | Electrical machinery, equipment and  supplies, n.e.c.       |
| 350                                                        |   | Not specified electrical machinery,  equipment and supplies |
|                                                       |   | Transportation equipment                                    |
| 351                                                        |   | Motor vehicles and motor vehicle equipment                  |
| 352                                                        |   | Aircraft and parts                                          |
| 360                                                        |   | Ship and boat building and repairing                        |
| 361                                                        |   | Railroad locomotives and equipment                          |
| 362                                                        |   | Guided missiles, space vehicles, and parts                  |
| 370                                                        |   | Cycles and miscellaneous transportation  equipment          |
|                                                       |   | Professional and photographic equipment, and watches        |
| 371                                                        |   | Scientific and controlling instruments                      |
| 372                                                        |   | Medical, dental, and optical instruments  and supplies      |
| 380                                                        |   | Photographic equipment and supplies                         |
| 381                                                        |   | Watches, clock and clockwork operated  devices              |
| 390                                                        |   | Toys, amusement and sporting goods                          |
| 391                                                        |   | Miscellaneous manufacturing industries                      |
| 392                                                        |   | Not specified manufacturing industries                      |
| TRANSPORTATION, COMMUNICATIONS AND OTHER  PUBLIC UTILITIES |
|                                                       |   | Transportation                                              |
| 400                                                        |   | Railroads                                                   |
| 401                                                        |   | Bus service and urban transit                               |
| 402                                                        |   | Taxicab service                                             |
| 410                                                        |   | Trucking service                                            |
| 411                                                        |   | Warehousing and storage                                     |
| 412                                                        |   | U.S. Postal Service                                         |
| 420                                                        |   | Water transportation                                        |
| 421                                                        |   | Air transportation                                          |
| 422                                                        |   | Pipe lines, except natural gas                              |
| 432                                                        |   | Services incidental to transportation                       |

 

----

 
|   |   | Communications                                      |
|--------|--------|-----------------------------------------------------|
| 440    |   | Radio and television broadcasting and cable         |
| 441    |   | Telephone communications                            |
| 442    |   | Telegraph and miscellaneous communication  services |
|   |   | Utilities and sanitary services                     |
| 450    |   | Electric light and power                            |
| 451    |   | Gas and steam supply systems                        |
| 452    |   | Electric and gas, and other combinations            |
| 470    |   | Water supply and irrigation                         |
| 471    |   | Sanitary services                                   |
| 472    |   | Not specified utilities                             |
|   |   | WHOLESALE TRADE                                     |
|   |   | Durable Goods                                       |
| 500    |   | Motor vehicles and equipment                        |
| 501    |   | Furniture and home furnishings                      |
| 502    |   | Lumber and construction materials                   |
| 510    |   | Professional and commercial equipment and  supplies |
| 511    |   | Metals and minerals, except petroleum               |
| 512    |   | Electrical goods                                    |
| 521    |   | Hardware, plumbing and heating supplies             |
| 530    |   | Machinery, equipment and supplies                   |
| 531    |   | Scrap and waste materials                           |
| 532    |   | Miscellaneous wholesale, durable goods              |
|   |   | Nondurable Goods                                    |
| 540    |   | Paper and paper products                            |
| 541    |   | Drugs, chemicals and allied products                |
| 542    |   | Apparel, fabrics and notions                        |
| 550    |   | Groceries and related products                      |
| 551    |   | Farm-product raw materials                          |
| 552    |   | Petroleum products                                  |
| 560    |   | Alcoholic beverages                                 |
| 561    |   | Farm supplies                                       |
| 562    |   | Miscellaneous wholesales, nondurable goods          |
| 571    |   | Not specified wholesale trade                       |
|   |   | RETAIL TRADE                                        |
| 580    |   | Lumber and building material retailing              |
| 581    |   | Hardware stores                                     |
| 582    |   | Retail nurseries and garden stores                  |
| 590    |   | Mobile home dealers                                 |
| 591    |   | Department stores                                   |
| 592    |   | Variety stores                                      |
| 600    |   | Miscellaneous general merchandise stores            |
| 601    |   | Grocery stores                                      |
| 602    |   | Dairy products stores                               |
| 610    |   | Retail bakeries                                     |
| 611    |   | Food stores, n.e.c.                                 |

 

----

 
| 612    |   | Motor vehicle dealers                                   |
|--------|--------|---------------------------------------------------------|
| 620    |   | Auto and home supply stores                             |
| 621    |   | Gasoline service stations                               |
| 622    |   | Miscellaneous vehicle dealers                           |
| 623    |   | Apparel and accessory stores, except shoe               |
| 630    |   | Shoe stores                                             |
| 631    |   | Furniture and home furnishings stores                   |
| 632    |   | Household appliance stores                              |
| 633    |   | Radio, TV, and computer stores                          |
| 640    |   | Music stores                                            |
| 641    |   | Eating and drinking places                              |
| 642    |   | Drug stores                                             |
| 650    |   | Liquor stores                                           |
| 651    |   | Sporting goods, bicycles and hobby stores               |
| 652    |   | Book and stationery stores                              |
| 660    |   | Jewelry stores                                          |
| 661    |   | Gift novelty, and souvenir shops                        |
| 662    |   | Sewing, needlework and piece goods stores               |
| 663    |   | Catalog and mail order houses                           |
| 670    |   | Vending machine operators                               |
| 671    |   | Direct selling establishments                           |
| 672    |   | Fuel dealers                                            |
| 681    |   | Retail florists                                         |
| 682    |   | Miscellaneous retail stores                             |
| 691    |   | Not specified retail trade                              |
|   |   | FINANCE, INSURANCE AND REAL ESTATE                      |
| 700    |   | Banking                                                 |
| 701    |   | Savings institutions, including credit unions           |
| 702    |   | Credit agencies, n.e.c.                                 |
| 710    |   | Security, commodity brokerage, and investment companies |
| 711    |   | Insurance                                               |
| 712    |   | Real estate, including real estate-insurance offices    |
|   |   | BUSINESS AND REPAIR SERVICES                            |
| 721    |   | Advertising                                             |
| 722    |   | Services to dwellings and other buildings               |
| 731    |   | Personnel supply services                               |
| 732    |   | Computer and data processing services                   |
| 740    |   | Detective and protective services                       |
| 741    |   | Business services, n.e.c.                               |
| 742    |   | Automotive rental and leasing, without divers           |
| 750    |   | Automotive parking and carwashes                        |
| 751    |   | Automotive repair and related services                  |
| 752    |   | Electrical repair shops                                 |
| 760    |   | Miscellaneous repair services                           |
|   |   | PERSONAL SERVICES                                       |
| 761    |   | Private households                                      |

 

----

 
| 762    |   | Hotel and motels                                    |
|--------|--------|-----------------------------------------------------|
| 770    |   | Lodging places, except hotels and motels            |
| 771    |   | Laundry, cleaning and garment services              |
| 772    |   | Beauty shops                                        |
| 780    |   | Barber shops                                        |
| 781    |   | Funeral service and crematories                     |
| 782    |   | Shoe repair shops                                   |
| 790    |   | Dressmaking shops                                   |
| 791    |   | Miscellaneous personal services                     |
|   |   | ENTERTAINMENT AND RECREATION SERVICES               |
| 800    |   | Theaters and motion pictures                        |
| 801    |   | Video tape rental                                   |
| 802    |   | Bowling centers                                     |
| 810    |   | Miscellaneous entertainment and recreation services |
|   |   | PROFESSIONAL AND RELATED SERVICES                   |
| 812    |   | Offices and clinics of physicians                   |
| 820    |   | Offices and clinics of dentists                     |
| 821    |   | Offices and clinics of chiropractors                |
| 822    |   | Offices and clinics of optometrists                 |
| 830    |   | Offices and clinics of health practitioners, n.e.c. |
| 831    |   | Hospitals                                           |
| 832    |   | Nursing and personal care facilities                |
| 840    |   | Health services, n.e.c.                             |
| 841    |   | Legal services                                      |
| 842    |   | Elementary and secondary schools                    |
| 850    |   | Colleges and universities                           |
| 851    |   | Vocational schools                                  |
| 852    |   | Libraries                                           |
| 860    |   | Educational services, n.e.c.                        |
| 861    |   | Job training and vocational rehabilitation services |
| 862    |   | Child day care services                             |
| 863    |   | Family child care homes                             |
| 870    |   | Residential care facilities, without nursing        |
| 871    |   | Social services, n.e.c.                             |
| 872    |   | Museums, art galleries, and zoos                    |
| 873    |   | Labor unions                                        |
| 880    |   | Religious organizations                             |
| 881    |   | Membership organizations, n.e.c.                    |
| 882    |   | Engineering, architectural and surveying services   |
| 890    |   | Accounting, auditing and bookkeeping services       |
| 891    |   | Research, development, and testing services         |
| 892    |   | Management and public relations services            |
| 893    |   | Miscellaneous professional and related services     |
|   |   | PUBLIC ADMINISTRATION                               |
| 900    |   | Executive and legislative offices                   |
| 901    |   | General government, n.e.c.                          |

 

----

 
| 910    |   | Justice, public order, safety                                |
|--------|--------|--------------------------------------------------------------|
| 921    |   | Public finance, taxation, and monetary policy                |
| 922    |   | Administration of human resources programs                   |
| 930    |   | Administration of environmental quality and housing programs |
| 931    |   | Administration of economic programs                          |
| 932    |   | National security and international affairs                  |
|   |   | ACTIVE DUTY MILITARY                                         |
|   |   | Armed Forces                                                 |
| 940    |   | Army                                                         |
| 941    |   | Air Forces                                                   |
| 942    |   | Navy                                                         |
| 950    |   | Marines                                                      |
| 951    |   | Coast Guard                                                  |
| 952    |   | Armed Forces, Branch not specified                           |
| 960    |   | Military Reserves or National Guard                          |
|   |   | EXPERIENCED UNEMPLOYED NOT CLASSIFIED BY INDUSTRY            |
| 992    |   | Last worked 1984 or earlier                                  |

 

----

 

APPENDIX B:OCCUPATIONAL CATEGORIES AND CENSUS CODES

*BROAD CENSUS OCCUPATIONAL CATEGORIES*

 
| 1.  |   | Executive, Administrative and Managerial Occupations  (*Managerial*)  Codes 003 through 037 |
|-----|--------|---------------------------------------------------------------------------------------------|
| 2.  |   | Professional Specialty Occupations  (*Professional*)  Codes 043 through 199                 |
| 3.  |   | Technician and Related Support Occupations  (*Technicians*)  Codes 203 through 235          |
| 4.  |   | Sales Occupations  (*Sales*)  Codes 243 through 285                                         |
| 5.  |   | Administrative Support Occupations, Including Clerical  (*Clerical*)  Codes 303 through 389 |
| 6.  |   | Service Occupations, Except Private Household  (*Service*)  Codes 403 through 469           |
| 7.  |   | Farming, Forestry & Fishing  (*Farm*)  Codes 473 through 499                            |
| 8.  |   | Precision Production, Craft and Regular Occupations  (*Crafts*)  Codes 503 through 699      |
| 9.  |   | Operators, Fabricators & Laborers  (*Operators*)  Codes 703 through 889                 |
| 10. |   | Military Occupations  (*Military*)  Codes 903 through 905                                   |
| 11. |   | Experienced Unemployed Not Classified by Occupation  (*Unemployed*)  Code 909               |

 

----

 

1990 CENSUS DETAILED LISTING OF OCCUPATIONALTITLE CODES

 
| 1990  CENSUS  CODE |   | 1.  EXECUTIVE, ADMINISTRATIVE,  AND MANAGERIAL OCCUPATIONS  (“*Managerial*”) |
|--------------------|--------|---------------------------------------------------------------------------------------------|
| 003                |   | Legislators                                                                                 |
| 004                |   | Chief executives and general administrators, public administration                          |
| 005                |   | Administrators and officials, public administration                                         |
| 006                |   | Administrators, protective services                                                         |
| 007                |   | Financial managers                                                                          |
| 008                |   | Personnel and labor relations managers                                                      |
| 009                |   | Purchasing managers                                                                         |
| 013                |   | Managers, marketing, advertising, and public relations                                      |
| 014                |   | Administrators, education and related fields                                                |
| 015                |   | Managers, medicine and health                                                               |
| 016                |   | Postmasters and mail superintendents                                                        |
| 017                |   | Managers, food serving and lodging establishments                                           |
| 018                |   | Managers, properties and real estate                                                        |
| 019                |   | Funeral directors                                                                           |
| 021                |   | Managers, service organizations, n.e.c.                                                     |
| 022                |   | Managers and administrators, n.e.c.                                                         |
|               |   | Management Relate Occupations                                                               |
| 023                |   | Accountants and auditors                                                                    |
| 024                |   | Underwriters                                                                                |
| 025                |   | Other financial officers                                                                    |
| 026                |   | Management analysts                                                                         |
| 027                |   | Personnel, training, and labor relations specialists                                        |
| 028                |   | Purchasing agents and buyers, farm products                                                 |
| 029                |   | Buyers, wholesale and retail trade except farm products                                     |
| 033                |   | Purchasing agents and buyers, n.e.c.                                                        |
| 034                |   | Business and promotion agents                                                               |
| 035                |   | Construction inspectors                                                                     |
| 036                |   | Inspectors and compliance officers, except construction                                     |
| 037                |   | Management related occupations, n.e.c.                                                      |
|               |   | 2.  PROFESSIONAL SPECIALTY  OCCUPATIONS  (“*Professional*”)                  |
|               |   | Engineers, Architects, and Surveyors                                                        |
| 043                |   | Architects                                                                                  |
|               |   | Engineers                                                                                   |
| 044                |   | Aerospace                                                                                   |
| 045                |   | Metallurgical and materials                                                                 |
| 046                |   | Mining                                                                                      |
| 047                |   | Petroleum                                                                                   |
| 048                |   | Chemical                                                                                    |
| 049                |   | Nuclear                                                                                     |

 

----

 
| 053    |   | Civil                                              |
|--------|--------|----------------------------------------------------|
| 054    |   | Agricultural                                       |
| 055    |   | Electrical and electronic                          |
| 056    |   | Industrial                                         |
| 057    |   | Mechanical                                         |
| 058    |   | Marine and naval architects                        |
| 059    |   | Engineers, n.e.c.                                  |
| 063    |   | Surveyors and mapping scientists                   |
|   |   | Mathematical and Computer Scientists               |
| 064    |   | Computer systems analysts and scientists           |
| 065    |   | Operations and systems researchers and  analysts   |
| 066    |   | Actuaries                                          |
| 067    |   | Statisticians                                      |
| 068    |   | Mathematical scientists, n.e.c.                    |
|   |   | Natural Scientists                                 |
| 069    |   | Physicists and astronomers                         |
| 073    |   | Chemists, except biochemists                       |
| 074    |   | Atmospheric and space scientists                   |
| 075    |   | Geologists and geodesists                          |
| 076    |   | Physical scientists, n.e.c.                        |
| 077    |   | Agricultural and food scientists                   |
| 078    |   | Biological and life scientists                     |
| 079    |   | Forestry and conservation scientists               |
| 083    |   | Medical scientists                                 |
|   |   | Health Diagnosing Occupations                      |
| 084    |   | Physicians                                         |
| 085    |   | Dentists                                           |
| 086    |   | Veterinarians                                      |
| 087    |   | Optometrists                                       |
| 088    |   | Podiatrists                                        |
| 089    |   | Health diagnosing practitioners, n.e.c.            |
|   |   | Health Assessment and Treating Occupations         |
| 095    |   | Registered nurses                                  |
| 096    |   | Pharmacists                                        |
| 097    |   | Dieticians                                         |
|   |   | Therapists                                         |
| 098    |   | Respiratory therapists                             |
| 099    |   | Occupational therapists                            |
| 103    |   | Physical therapists                                |
| 104    |   | Speech therapists                                  |
| 105    |   | Therapists, n.e.c.                                 |
| 106    |   | Physicians’ assistants                        |
|   |   | Teachers, Postsecondary                            |
| 113    |   | Earth, environmental, and marine science  teachers |
| 114    |   | Biological science teachers                        |
| 115    |   | Chemistry teachers                                 |

 

----

 
| 116    |   | Physics teachers                              |
|--------|--------|-----------------------------------------------|
| 117    |   | Natural science teachers, n.e.c.              |
| 118    |   | Psychology teachers                           |
| 119    |   | Economics teachers                            |
| 123    |   | History teachers                              |
| 124    |   | Political science teachers                    |
| 125    |   | Sociology teachers                            |
| 126    |   | Social science teachers, n.e.c.               |
| 127    |   | Engineering teachers                          |
| 128    |   | Mathematical science teachers                 |
| 129    |   | Computer science teachers                     |
| 133    |   | Medical science teachers                      |
| 134    |   | Health specialties teachers                   |
| 135    |   | Business, commerce, and marketing teachers    |
| 136    |   | Agriculture and forestry teachers             |
| 137    |   | Art, drama, and music teachers                |
| 138    |   | Physical education teachers                   |
| 139    |   | Education teachers                            |
| 143    |   | English teachers                              |
| 144    |   | Foreign language teachers                     |
| 145    |   | Law teachers                                  |
| 146    |   | Social work teachers                          |
| 147    |   | Theology teachers                             |
| 148    |   | Trade and industrial teachers                 |
| 149    |   | Home economics teachers                       |
| 153    |   | Teachers, postsecondary, n.e.c.               |
| 154    |   | Postsecondary teachers, subject not specified |
|   |   | Teachers, Except Postsecondary                |
| 155    |   | Teachers, prekindergarten and kindergarten    |
| 156    |   | Teachers, elementary school                   |
| 157    |   | Teachers, secondary school                    |
| 158    |   | Teachers, special education                   |
| 159    |   | Teachers, n.e.c.                              |
| 163    |   | Counselors, educational, and vocational       |
|   |   | Librarians, Archivists, and Curators          |
| 164    |   | Librarians                                    |
| 165    |   | Archivists and curators                       |
|   |   | Social Scientists and Urban Planners          |
| 166    |   | Economists                                    |
| 167    |   | Psychologists                                 |
| 168    |   | Sociologists                                  |
| 169    |   | Social scientists, n.e.c.                     |
| 173    |   | Urban planners                                |
|   |   | Social, Recreation, and Religious Workers     |
| 174    |   | Social workers                                |
| 175    |   | Recreation workers                            |

 

----

 
| 176    |   | Clergy                                                                                 |
|--------|--------|----------------------------------------------------------------------------------------|
| 177    |   | Religious workers, n.e.c.                                                              |
|   |   | Lawyers and Judges                                                                     |
| 178    |   | Lawyers                                                                                |
| 179    |   | Judges                                                                                 |
|   |   | Writers, Artists, Entertainers, and Athletes                                           |
| 183    |   | Authors                                                                                |
| 184    |   | Technical writers                                                                      |
| 185    |   | Designers                                                                              |
| 186    |   | Musicians and composers                                                                |
| 187    |   | Actors and directors                                                                   |
| 188    |   | Painters, sculptors, craft-artists, and  artist printmakers                            |
| 189    |   | Photographers                                                                          |
| 193    |   | Dancers                                                                                |
| 194    |   | Artists, performers, and related workers,  n.e.c.                                      |
| 195    |   | Editors and reporters                                                                  |
| 197    |   | Public relations specialists                                                           |
| 198    |   | Announcers                                                                             |
| 199    |   | Athletes                                                                               |
|   |   | 3.  TECHNICIANS AND RELATED  SUPPORT OCCUPATIONS (“*Technicians*”) |
|   |   | Health Technologists and Technicians                                                   |
| 203    |   | Clinical laboratory technologists and  technicians                                     |
| 204    |   | Dental hygienists                                                                      |
| 205    |   | Health record technologists and technicians                                            |
| 206    |   | Radiologic technicians                                                                 |
| 207    |   | Licensed practical nurses                                                              |
| 208    |   | Health technologists and technicians,  n.e.c.                                          |
|   |   | Technologists and Technicians, Except Health                                           |
|   |   | Engineering and Related Technologists and  Technicians                                 |
| 213    |   | Electrical and electronic technicians                                                  |
| 214    |   | Industrial engineering technicians                                                     |
| 215    |   | Mechanical engineering technicians                                                     |
| 216    |   | Engineering technicians, n.e.c.                                                        |
| 217    |   | Drafting occupations                                                                   |
| 218    |   | Surveying and mapping technicians                                                      |
|   |   | Science Technicians                                                                    |
| 223    |   | Biological technicians                                                                 |
| 224    |   | Chemical technicians                                                                   |
| 225    |   | Science technicians, n.e.c.                                                            |
|   |   | Technicians, Except Health, Engineering, and Science                                   |
| 226    |   | Airplane pilots and navigators                                                         |
| 227    |   | Air traffic controllers                                                                |
| 228    |   | Broadcast equipment operators                                                          |
| 229    |   | Computer programmers                                                                   |
| 233    |   | Tool programmers, numerical control                                                    |

 

----

 
| 234    |   | Legal assistants                                                                           |
|--------|--------|--------------------------------------------------------------------------------------------|
| 235    |   | Technicians, n.e.c.                                                                        |
|   |   | 4.  SALES OCCUPATIONS  (“*Sales*”)                                          |
| 243    |   | Supervisors and proprietors, sales occupations                                             |
|   |   | Sales Representatives, Finance and Business Services                                       |
| 253    |   | Insurance sales occupations                                                                |
| 254    |   | Real estate sales occupations                                                              |
| 255    |   | Securities and financial services sales  occupations                                       |
| 256    |   | Advertising and related sales occupations                                                  |
| 257    |   | Sales occupations, other business services                                                 |
|   |   | Sales Representatives, Commodities Except Retail                                           |
| 258    |   | Sales engineers                                                                            |
| 259    |   | Sales representatives, mining,  manufacturing, and wholesale                               |
|   |   | Sales workers, Retail and Personal Services                                                |
| 263    |   | Sales workers, motor vehicles and boats                                                    |
| 264    |   | Sales workers, apparel                                                                     |
| 265    |   | Sales workers, shoes                                                                       |
| 266    |   | Sales workers, furniture and home  furnishings                                             |
| 267    |   | Sales workers, radio, TV, hi-fi, and  appliances                                           |
| 268    |   | Sales workers, hardware and building  supplies                                             |
| 269    |   | Sales workers, parts                                                                       |
| 274    |   | Sales workers, other commodities                                                           |
| 275    |   | Sales counter clerks                                                                       |
| 276    |   | Cashiers                                                                                   |
| 277    |   | Street and door-to-door sales workers                                                      |
| 275    |   | News vendors                                                                               |
|   |   | Sales Related Occupations                                                                  |
| 283    |   | Demonstrators, promoters and models, sales                                                 |
| 284    |   | Auctioneers                                                                                |
| 285    |   | Sales support occupations, n.e.c.                                                          |
|   |   | 5.  ADMINISTRATIVE SUPPORT  OCCUPATIONS, INCLUDING CLERICAL  (“*Clerical*”) |
|   |   | Supervisors, Administrative Support  Occupations                                           |
| 303    |   | Supervisors, general office                                                                |
| 304    |   | Supervisors, computer equipment operators                                                  |
| 305    |   | Supervisors, financial records processing                                                  |
| 306    |   | Chief communications operators                                                             |
| 307    |   | Supervisors, distribution, scheduling, and  adjusting clerks                               |
|   |   | Computer equipment operators                                                               |
| 308    |   | Computer operators                                                                         |
| 309    |   | Peripheral equipment operators                                                             |
|   |   | Secretaries, Stenographers and Typists                                                     |
| 313    |   | Secretaries                                                                                |
| 314    |   | Stenographers                                                                              |
| 315    |   | Typists                                                                                    |

 

----

 
|   |   | Information Clerks                                               |
|--------|--------|------------------------------------------------------------------|
| 316    |   | Interviewers                                                     |
| 317    |   | Hotel clerks                                                     |
| 318    |   | Transportation ticket and reservation  agents                    |
| 319    |   | Receptionists                                                    |
| 323    |   | Information clerks, n.e.c.                                       |
|   |   | Records Processing Occupations, Except Financial                 |
| 325    |   | Classified-ad clerks                                             |
| 326    |   | Correspondence clerks                                            |
| 327    |   | Order clerks                                                     |
| 328    |   | Personnel clerks, except payroll and  timekeeping                |
| 329    |   | Library clerks                                                   |
| 335    |   | File clerks                                                      |
| 336    |   | Records Clerks                                                   |
|   |   | Financial Records Processing Occupations                         |
| 337    |   | Bookkeepers, accounting, and auditing  clerks                    |
| 338    |   | Payroll and timekeeping clerks                                   |
| 339    |   | Billing clerks                                                   |
| 343    |   | Cost and rate clerks                                             |
| 344    |   | Billing, posting and calculating machine  operators              |
|   |   | Duplicating, Mail and Other Office Machine Operators             |
| 345    |   | Duplicating machine operators                                    |
| 346    |   | Mail preparing and paper handling machine  operators             |
| 347    |   | Office machine operators, n.e.c.                                 |
|   |   | Communications Equipment Operators                               |
| 348    |   | Telephone operators                                              |
| 353    |   | Communications equipment operators, n.e.c.                       |
|   |   | Mail and Message Distributing Occupations                        |
| 354    |   | Postal clerks, exc. mail carriers                                |
| 355    |   | Mail carriers, postal service                                    |
| 356    |   | Mail clerks, exc. postal service                                 |
| 357    |   | Messengers                                                       |
|   |   | Material Recording, Scheduling, and Distributing Clerks, n.e.c.  |
| 359    |   | Dispatchers                                                      |
| 363    |   | Production coordinators                                          |
| 364    |   | Traffic, shipping, and receiving clerks                          |
| 365    |   | Stock and inventory clerks                                       |
| 366    |   | Meter readers                                                    |
| 368    |   | Weighers, measurers, checkers, and samplers                      |
| 373    |   | Expediters                                                       |
| 374    |   | Material recording, scheduling, and  distributing clerks, n.e.c. |
|   |   | Adjusters and investigators                                      |
| 375    |   | Insurance adjusters, examiners, and  investigators               |
| 376    |   | Investigators and adjustors, except  insurance                   |
| 377    |   | Eligibility clerks, social welfare                               |
| 378    |   | Bill and account collectors                                      |

 

----

 
|   |   | Miscellaneous Administrative Support Occupation            |
|--------|--------|------------------------------------------------------------|
| 379    |   | General office clerks                                      |
| 383    |   | Bank tellers                                               |
| 384    |   | Proofreaders                                               |
| 385    |   | Data-entry keyers                                          |
| 386    |   | Statistical clerks                                         |
| 387    |   | Teachers’ aides                                       |
| 389    |   | Administrative support occupations, n.e.c.                 |
|   |   | 6.  SERVICE OCCUPATIONS  (“*Service*”)      |
|   |   | Private Household Occupations                              |
| 403    |   | Launderers and ironers                                     |
| 404    |   | Cooks, private household                                   |
| 405    |   | Housekeepers and butlers                                   |
| 406    |   | Child care workers, private household                      |
| 407    |   | Private household cleaners and servants                    |
|   |   | Protective Service Occupations                             |
|   |   | Supervisors, Protective Service Occupations                |
| 413    |   | Supervisors. firefighters and fire  prevention occupations |
| 414    |   | Supervisors, police and detectives                         |
| 415    |   | Supervisors, guards                                        |
|   |   | Firefighting and Fire Prevention Occupations               |
| 416    |   | Fire inspection and fire prevention  occupations           |
| 417    |   | Firefighting occupations                                   |
|   |   | Police and Detectives                                      |
| 418    |   | Police and detectives, public service                      |
| 423    |   | Sheriffs, bailiffs, and other law  enforcement officers    |
| 424    |   | Correctional institutional officers                        |
|   |   | Guards                                                     |
| 425    |   | Crossing guards                                            |
| 426    |   | Guards and police, exc. public service                     |
| 427    |   | Protective service occupations, n.e.c.                     |
|   |   | Service Occupations, Except Protective and Household       |
|   |   | Food Preparation and Service Occupations                   |
| 433    |   | Supervisors, food preparation and service  occupations     |
| 434    |   | Bartenders                                                 |
| 435    |   | Waiters and waitresses                                     |
| 436    |   | Cooks                                                      |
| 438    |   | Food counter, fountain and related  occupations            |
| 439    |   | Kitchen workers, food preparation                          |
| 443    |   | Waiters’/waitresses’ assistants                  |
| 444    |   | Miscellaneous food preparation occupations                 |
|   |   | Health Service Occupations                                 |
| 445    |   | Dental assistants                                          |
| 446    |   | Health aides, except nursing                               |
| 447    |   | Nursing aides, orderlies, and attendants                   |

 

----

 
|   |   | Cleaning and Building Service Occupations, except Household                |
|--------|--------|----------------------------------------------------------------------------|
| 448    |   | Supervisors, cleaning and building service  workers                        |
| 449    |   | Maids and housemen                                                         |
| 453    |   | Janitors and cleaners                                                      |
| 454    |   | Elevator operators.                                                        |
| 455    |   | Pest control occupations                                                   |
|   |   | Personal Service Occupations                                               |
| 456    |   | Supervisors, personal service occupations                                  |
| 457    |   | Barbers                                                                    |
| 458    |   | Hairdressers and cosmetologists                                            |
| 459    |   | Attendants, amusement and recreation  facilities                           |
| 461    |   | Guides                                                                     |
| 462    |   | Ushers                                                                     |
| 463    |   | Public transportation attendants                                           |
| 464    |   | Baggage porters and bellhops                                               |
| 465    |   | Welfare service aides                                                      |
| 466    |   | Family child care providers                                                |
| 467    |   | Early childhood teacher’s assistants                                  |
| 468    |   | Child care workers, n.e.c.                                                 |
| 469    |   | Personal service occupations, n.e.c.                                       |
|   |   | 7.  FARMING, FORESTRY, AND  FISHING OCCUPATIONS  (“*Farm*”) |
|   |   | Farm operators and managers                                                |
| 473    |   | Farmers, except horticultural                                              |
| 474    |   | Horticultural specialty farmers                                            |
| 475    |   | Managers, farms, except horticultural                                      |
| 476    |   | Managers, horticultural specialty farms                                    |
|   |   | Farm Occupations, Except Managerial                                        |
| 477    |   | Supervisors, farm workers                                                  |
| 479    |   | Farm workers                                                               |
| 493    |   | Marine life cultivation workers                                            |
| 484    |   | Nursery workers                                                            |
|   |   | Related Agricultural Occupations                                           |
| 485    |   | Supervisors, related agricultural  occupations                             |
| 486    |   | Groundskeepers and gardeners, except farm                                  |
| 487    |   | Animal caretakers, except farm                                             |
| 488    |   | Graders and sorters, agricultural products                                 |
| 489    |   | Inspectors, agricultural products                                          |
|   |   | Forestry and Logging Occupations                                           |
| 494    |   | Supervisors, forestry and logging workers                                  |
| 495    |   | Forestry workers, except logging                                           |
| 496    |   | Timber cutting and logging occupations                                     |
|   |   | Fishers, Hunters, and Trappers                                             |
| 497    |   | Captains and other officers, fishing  vessels                              |
| 498    |   | Fishers                                                                    |
| 499    |   | Hunters and trappers                                                       |

 

----

 
|   |   | 8.  PRECISION PRODUCTION,  CRAFT, AND REPAIR OCCUPATIONS  (“*Crafts*”) |
|--------|--------|---------------------------------------------------------------------------------------|
|   |   | Mechanics and Repairers                                                               |
| 503    |   | Supervisors, mechanics and repairers                                                  |
|   |   | Mechanics and Repairers, Except Supervisors                                           |
|   |   | Vehicle and Mobile Equipment Mechanics and  Repairers                                 |
| 505    |   | Automobile mechanics                                                                  |
| 506    |   | Automobile mechanic apprentices                                                       |
| 507    |   | Bus, truck, and stationary engine mechanics                                           |
| 508    |   | Aircraft engine mechanics                                                             |
| 509    |   | Small engine repairers                                                                |
| 514    |   | Automobile body and related repairers                                                 |
| 515    |   | Aircraft mechanics, except engine                                                     |
| 516    |   | Heavy equipment mechanics                                                             |
| 517    |   | Farm equipment mechanics                                                              |
| 518    |   | Industrial machinery repairers                                                        |
| 519    |   | Machinery maintenance occupations                                                     |
|   |   | Electrical and Electronic Equipment  Repairers                                        |
| 523    |   | Electronic repairers, communications and  industrial equipment                        |
| 525    |   | Data processing equipment repairers                                                   |
| 526    |   | Household appliance and power tool  repairers                                         |
| 527    |   | Telephone line installers and repairers                                               |
| 529    |   | Telephone installers and repairers                                                    |
| 533    |   | Miscellaneous electrical and electronic  equipment repairers                          |
| 534    |   | Heating, air conditioning, and  refrigeration mechanics                               |
|   |   | Miscellaneous Mechanics and Repairers                                                 |
| 535    |   | Camera, watch, and musical instrument  repairers                                      |
| 536    |   | Locksmiths and safe repairers                                                         |
| 538    |   | Office machine repairers                                                              |
| 539    |   | Mechanical controls and valve repairers                                               |
| 543    |   | Elevator installers and repairers                                                     |
| 544    |   | Millwrights                                                                           |
| 547    |   | Specified mechanics and repairers, n.e.c.                                             |
| 549    |   | Not specified mechanics and repairers                                                 |
|   |   | Construction Trades                                                                   |
|   |   | Supervisors, construction occupations                                                 |
| 553    |   | Supervisors, brickmasons, stonemasons, and  tile setters                              |
| 554    |   | Supervisors, carpenters and related workers                                           |
| 555    |   | Supervisors, electricians and power  transmission installers                          |
| 556    |   | Supervisors, painters, paperhangers, and  plasterers                                  |
| 557    |   | Supervisors, planners, pipefitters, and  steam fitters                                |
| 558    |   | Supervisors, construction n.e.c.                                                      |
|   |   | Construction Trades, Except Supervisors                                               |
| 563    |   | Brickmasons and stonemasons                                                           |
| 564    |   | Brickmason and stonemason apprentices                                                 |
| 565    |   | Tile setters, hard and soft                                                           |

 

----

 
| 566    |   | Carpet installers                                   |
|--------|--------|-----------------------------------------------------|
| 567    |   | Carpenters                                          |
| 569    |   | Carpenter apprentices                               |
| 573    |   | Drywall installers                                  |
| 575    |   | Electricians                                        |
| 576    |   | Electrician apprentices                             |
| 577    |   | Electrical power installers and repairers           |
| 579    |   | Painters, construction and maintenance              |
| 583    |   | Paperhangers                                        |
| 584    |   | Plasterers                                          |
| 585    |   | Plumbers, pipefitters, and steamfitters             |
| 587    |   | Plumber, pipefitter and steamfitter  apprentices    |
| 588    |   | Concrete and terrazzo finishers                     |
| 589    |   | Glaziers                                            |
| 593    |   | Insulation workers                                  |
| 594    |   | Paving, surfacing, and tamping equipment  operators |
| 595    |   | Roofers                                             |
| 596    |   | Sheetmetal duct installers                          |
| 597    |   | Structural metal workers                            |
| 598    |   | Drillers, earth                                     |
| 599    |   | Construction trades, n.e.c.                         |
|   |   | Extractive Occupations                              |
| 613    |   | Supervisors, extractive occupations                 |
| 614    |   | Drillers, oil well                                  |
| 615    |   | Explosives workers                                  |
| 616    |   | Mining machine operators                            |
| 617    |   | Mining occupations, n.e.c.                          |
|   |   | Precision Production Occupations                    |
| 628    |   | Supervisors, production occupations                 |
|   |   | Precision Metal Working Occupations                 |
| 634    |   | Tool and die makers                                 |
| 635    |   | Tool and die makers apprentices                     |
| 636.   |   | Precision assemblers, metal                         |
| 637    |   | Machinists                                          |
| 639    |   | Machinist apprentices                               |
| 643    |   | Boilermakers                                        |
| 644    |   | Precision grinders, fitters and tool  sharpeners    |
| 645    |   | Patternmakers and model makers, metal               |
| 646    |   | Lay-out workers                                     |
| 647    |   | Precious stones and metals workers  (Jewelers)      |
| 649    |   | Engravers, metal                                    |
| 653    |   | Sheet metal workers                                 |
| 654    |   | Sheet metal worker apprentices                      |
| 655    |   | Miscellaneous precision metal workers               |
|   |   | Precision Woodworking Occupations                   |
| 655    |   | Patternmakers and model makers, wood                |

 

----

 
| 651    |   | Cabinet makers and bench carpenters                                       |
|--------|--------|---------------------------------------------------------------------------|
| 658    |   | Furniture and wood finishers                                              |
| 659    |   | Miscellaneous precision woodworkers                                       |
|   |   | Precision Textile, Apparel, and Furnishings Machine Workers               |
| 666    |   | Dressmakers                                                               |
| 667    |   | Tailors                                                                   |
| 668    |   | Upholsterers                                                              |
| 669    |   | Shoe repairers                                                            |
| 674    |   | Miscellaneous precision apparel and fabric  workers                       |
|   |   | Precision Workers, Assorted Materials                                     |
| 675    |   | Hand molders and shapers, except Jewelers                                 |
| 676    |   | Patternmakers, lay-out workers, and cutters                               |
| 677    |   | Optical goods workers                                                     |
| 678    |   | Dental laboratory and medical appliance  technicians                      |
| 679    |   | Bookbinders                                                               |
| 683    |   | Electrical and electronic equipment  assemblers                           |
| 684    |   | Miscellaneous precision workers, n.e.c.                                   |
|   |   | Precision Food Production Occupations                                     |
| 686    |   | Butchers and meat cutters                                                 |
| 687    |   | Bakers                                                                    |
| 688    |   | Food batchmakers                                                          |
|   |   | Precision Inspectors, Testers, and Related Workers                        |
| 689    |   | Inspectors, testers, and graders                                          |
| 693    |   | Adjusters and calibrators                                                 |
|   |   | Plant and System Operators                                                |
| 694    |   | Water and sewage treatment plant operators                                |
| 695    |   | Power plant operators                                                     |
| 696    |   | Stationary engineers                                                      |
| 699    |   | Miscellaneous plant and system operators                                  |
|   |   | 9.  OPERATORS, FABRICATORS,  AND LABORERS  (“*Operators*”) |
|   |   | Machine Operators, Assemblers, and Inspectors                             |
|   |   | Machine Operators and Tenders, except Precision                           |
|   |   | Metalworking and Plastic Working Machine  Operators                       |
| 703    |   | Lathe and turning machine set-up operators                                |
| 704    |   | Lathe and turning machine operators                                       |
| 705    |   | Milling and planning machine operators                                    |
| 706    |   | Punching and stamping press machine  operators                            |
| 707    |   | Rolling machine operators                                                 |
| 708    |   | Drilling and boring machine operators                                     |
| 709    |   | Grinding, abrading, buffing, and polishing  machine operators             |
| 713    |   | Forging machine operators                                                 |
| 714    |   | Numerical control machine operators                                       |
| 715    |   | Miscellaneous metal. plastic, stone, and glass  working machine operators |
| 717    |   | Fabricating machine operators, n.e.c.                                     |
|   |   | Metal and Plastic Processing Machine Operators                            |

 

----

 
| 719    |   | Molding and casting machine operators                         |
|--------|--------|---------------------------------------------------------------|
| 723    |   | Metal plating machine operators                               |
| 724    |   | Meat treating equipment operators                             |
| 725    |   | Miscellaneous metal and plastic processing  machine operators |
|   |   | Woodworking Machine Operators                                 |
| 726    |   | Wood lathe, routing, and planning machine  operators          |
| 727    |   | Sawing machine operators                                      |
| 728    |   | Shaping and joining machine operators                         |
| 729    |   | Nailing and tacking machine operators                         |
| 733    |   | Miscellaneous woodworking machine operators                   |
|   |   | Printing Machine Operators                                    |
| 734    |   | Printing machine operators                                    |
| 735    |   | Photoengravers and lithographers                              |
| 736    |   | Typesetters and compositors                                   |
| 737    |   | Miscellaneous printing machine operators                      |
|   |   | Textile, Apparel, and Furnishings Machine Operators           |
| 736    |   | Winding and twisting machine operators                        |
| 739    |   | Knitting, looping, taping, and weaving  machine operators     |
| 743    |   | Textile cutting machine operators                             |
| 744    |   | Textile sewing machine operators                              |
| 745    |   | Shoe machine operators                                        |
| 747    |   | Pressing machine operators                                    |
| 748    |   | Laundering and dry cleaning machine  operators                |
| 749    |   | Miscellaneous textile machine operators                       |
|   |   | Machine Operators, Assorted Materials                         |
| 753    |   | Cementing and gluing machine operators                        |
| 754    |   | Packaging and filling machine operators                       |
| 755    |   | Extruding and forming machine operators                       |
| 756    |   | Mixing and blending machine operators                         |
| 757    |   | Separating, filtering, and clarifying  machine operators      |
| 758    |   | Compressing and compacting machine  operators                 |
| 759    |   | Painting and paint spraying machine  operators                |
| 763    |   | Roasting and baking machine operators, food                   |
| 764    |   | Washing, cleaning. and picking machine  operators             |
| 765    |   | Folding machine operators                                     |
| 766    |   | Furnace, kin, and oven operators, except  food                |
| 768    |   | Crushing and grinding machine operators                       |
| 769    |   | Slicing and cutting machine operators                         |
| 773    |   | Motion picture projectionists                                 |
| 774    |   | Photographic process machine operators                        |
| 777    |   | Miscellaneous machine operators, n.e.c.                       |
| 779    |   | Machine operators, not specified                              |
|   |   | Fabricators, Assemblers, and Hand Working Occupations         |
| 783    |   | Welders and cutters                                           |
| 784    |   | Solderers and blazers                                         |
| 785    |   | Assemblers                                                    |

 

----

 
| 786    |   | Hand cutting and trimming occupations                           |
|--------|--------|-----------------------------------------------------------------|
| 787    |   | Hand molding, casting, and forming  occupations                 |
| 789    |   | Hand painting, coating, and decorating  occupations             |
| 793    |   | Hand engraving and printing occupations                         |
| 795    |   | Miscellaneous hand working occupations                          |
|   |   | Production Inspectors, Testers, Samplers, and Weighers          |
| 796    |   | Production inspectors, checkers, and  examiners                 |
| 797    |   | Production testers                                              |
| 798    |   | Production samplers and weighers                                |
| 799    |   | Graders and sorters, except agricultural                        |
|   |   | Transportation and Material Moving Occupations                  |
|   |   | Motor Vehicle Operators                                         |
| 803    |   | Supervisors, motor vehicle operators                            |
| 804    |   | Truck drivers                                                   |
| 805    |   | Driver-sales workers                                            |
| 808    |   | Bus drivers                                                     |
| 809    |   | Taxicab drivers and chauffeurs                                  |
| 813    |   | Parking lot attendants                                          |
| 814    |   | Motor transportation occupations, n.e.c.                        |
|   |   | Transportation Occupations, Except Motor Vehicles               |
|   |   | Rail Transportation Occupations                                 |
| 823    |   | Railroad conductors and yardmasters                             |
| 824    |   | Locomotive operating occupations                                |
| 825    |   | Railroad brake, signal, and switch  operators                   |
| 826    |   | Rail vehicle operators, n.e.c.                                  |
|   |   | Water Transportation Occupations                                |
| 828    |   | Ship captains and mates, except fishing  boats                  |
| 829    |   | Sailors and deckhands                                           |
| 833    |   | Marine engineers                                                |
| 834    |   | Bridge, lock, and lighthouse tenders                            |
|   |   | Material Moving Equipment Operators                             |
| 843    |   | Supervisors, material moving equipment  operators               |
| 844    |   | Operating engineers                                             |
| 845    |   | Longshore equipment operators                                   |
| 848    |   | Hoist and winch operators                                       |
| 849    |   | Crane and tower operators                                       |
| 853    |   | Excavating and loading machine operators                        |
| 855    |   | Grader, dozer, and scraper operators                            |
| 856    |   | Industrial truck and tractor equipment  operators               |
| 859    |   | Miscellaneous material moving equipment  operators              |
| 864    |   | Supervisors, handlers equipment cleaners,  and laborers, n.e.c. |
| 865    |   | Helpers, mechanics and repairers                                |
|   |   | Helpers, Construction and Extractive  Occupations               |
| 866    |   | Helpers, construction trades                                    |
| 867    |   | Helpers, surveyor                                               |
| 868    |   | Helpers, extractive occupations                                 |

 

----

 
| 869    |   | Construction laborers                                    |
|--------|--------|----------------------------------------------------------|
| 874    |   | Production helpers                                       |
|   |   | Freight, Stock, and Material Handlers                    |
| 875    |   | Garbage collectors                                       |
| 876    |   | Stevedores                                               |
| 877    |   | Stock handlers and baggers                               |
| 878    |   | Machine feeders and offbearers                           |
| 883    |   | Freight, stock, and material handlers,  n.e.c.           |
| 885    |   | Garage and service station related  occupations          |
| 887    |   | Vehicle washers and equipment cleaners                   |
| 888    |   | Hand packers and packagers                               |
| 889    |   | Laborers, except construction                            |
|   |   | 10.  MILITARY OCCUPATIONS  (“*Military*”) |
| 903    |   | Commissioned Officers and Warrant Officers               |
| 904    |   | Non-commissioned Officers and Other  Enlisted Personnel  |
| 905    |   | Military occupation, rank not specified                  |
|   |   | EXPERIENCED UNEMPLOYED NOT CLASSIFIED BY  OCCUPATION     |
| 909    |   | Last worked 1984 or earlier                              |

 

3/94

 

----

THE CITY OF NEW YORKDEPARTMENT OF BUSINESS SERVICESDIVISION OF LABOR SERVICESCONTRACT COMPLIANCE UNIT110 William Street, 2nd FloorNew York, New York 10038

 

 

SUPPLYAND SERVICE

 

EMPLOYMENT

 

REPORT

 

 

----

 
|                                    |      | Official Use  Only       |
|-----------------------------------------|-----------|--------------------------|
| To Be  Completed By  Contracting Agency |      |                     |
|                                    |      | DLS  Contractor File No. |
|                                    |      |                     |
| Contracting  Agency Name/  Division     |      | Check One:               | Submission  Type: |
|                                    | Pre-award |
|                                    |      |                     | Post-award |
| Liaison/Telephone  No.                  |      |                     | Pre-certification |
|                                    |      |                     |
| Date  Transmitted                       |      |                     |
|                                    |      |                     |
| Contracting  Agency  Contract No.       |      |                     |

 

----

 

THECITY OF NEW YORKDEPARTMENT OF BUSINESS SERVICESDIVISION OF LABOR SERVICES110 William Street, 2nd FloorNew York, New York 10038(212) 513-6433 or 513-6323Fax No. (212) 618-8899

 

SUPPLYAND SERVICE EMPLOYMENT REPORT

 

A.    GENERAL INFORMATION:

 

1.         Youcontractual relationship in this contract is:

a.  Contractor           (e.g., Vendor,Prime, Other)

b.  Subcontractor           (e.g., Supplier,Manufacturer, Other)

 

2.         ThisER is for Headquarters                              Operating Facility                               

 

3.         Employer/Identification:                                                   

 

4.         Numberof Employees at this facility (location):                                         

 
| 5.     | This firm is  a : |   | Minority  Business Enterprise       |
|--------|-------------------|--------|-------------------------------------|
|   |              |   | Minority/Woman  Business Enterprise |
|   |              |   | Woman-owned  Business Enterprise    |
|   |              |   | Other                               |
|   |              |   |                                |
| 6.     | Industry  Code:   |   |                                |

 

B.        PART I.      CONTRACTOR/SUBCONTRACTOR INFORMATION*

 

1.          

Contractor/Subcontractor Name

1a.  If subcontractor, name ofprime contractor is

 

2.

Facility Address

 
| City                                                                                                                      |   | State  |   | Zip Code         |   | County           |
|---------------------------------------------------------------------------------------------------------------------------|--------|--------|--------|------------------|--------|------------------|
|                                                                                                                      |   |   |   |             |   |             |   |
| 3.                                                                                                                        |   |   |   |             |   |             |   |
| Chief Operating Officer                                                                                                   |   |   |   |             |   | Telephone Number |
|                                                                                                                      |   |   |   |             |   |             |   |
| 4.                                                                                                                        |   |   |   |             |   |             |   |
| Name of Designated Equal Opportunity Compliance Officer (or Name of  Person to Contact Concerning this Employment Report) |   |   |   | Telephone Number |
|                                                                                                                           |        |        |        |                  |        |                  |  |  |  |

 

----

 
|                                                       |   |              |
|------------------------------------------------------------|--------|-------------------|
| Address of Designated Equal Opportunity Compliance Officer |   | Facsimile  Number |

 

----

* Industrial CommercialIncentive Program applicants or developers please see page 16 which should becompleted in addition toPart I.

 

5.

Nature of Contract to be Performed

 

6.         (a)

Contracting Agency (City Agency)

 
| (b)             |   | (c)              |
|-----------------|--------|------------------|
| Contract Amount |   | Term of Contract |

 

7.         Listeach of the firm’s facilities, the addresses and the number of employees, wherethis contract or parts of this contract will be performed.  (A facility is the headquarters or anoperating location which makes its own personnel decisions.  Please note that each separate location isnot an independent operating facility unless hiring and termination decisionsare made there).

 

 

 

8.         Isany part of this contract, in an amount exceeding $50,000, to be performed by asubcontractor?

Yes      No       Not Known At This Time          .  If yes, please list the names) andaddress(es) of the subcontractor(s), and either submit a copy of theirEmployment Report(s) or have them submit directly to the contractingagency.  If subcontractors are unknownat this time, see the Employment Report Instructions for subcontractorsubmission requirements.

 

 

 

 

9a.       Hasthe Division of Labor Services (DLS) within the past twenty-four (24) monthsreviewed an ER submission for your organization and issued a Certificate ofCompliance, Administrative Certificate of Compliance, or a RecertificationCertificate to your firm for the facility(ies) involved in the performance ofthis contract? Yes      No      .

 

9b.       HasDLS within the past three (3) months reviewed an ER submission for yourorganization and issued a Conditional Certificate of Compliance, or ConditionalAdministrative Certificate of Compliance. Yes      No      .

 

----

 

If yes to 9a or b, submit the following documents:  ATTACH A COPY OF THE CERTIFICATE; acompleted Part I of the ER; a copy of your equal employment opportunity (EEO)statement as it is presented in company publications and posted on bulletinboards; and a signed and notarized ER signature page.

 

NOTE:  DLS WILL NOT ISSUE A CONTINUED COMPLIANCE CERTIFICATE ORRECERTIFICATION IN CONNECTION WITH THIS CONTRACT UNLESS THE REQUIRED CORRECTIVEACTIONS IN PRIOR CONDITIONAL CERTIFICATES OF COMPLIANCE HAVE BEEN TAKEN WITHINTHREE MONTHS OF THE ISSUANCE OF SUCH DOCUMENT.

 

9c.       Hasan Employment Report already been submitted for a different contract. (notcovered by this Employment Report) for which you have not yet received acompliance certificate? Yes       No      If yes, for the facility(ies) covered by the Employment Report alreadysubmitted and not yet approved, complete only Part I of the Employment Reportand provide DLS with the date the Employment Report was submitted, the name ofthe City agency with whom the contract is made and the name and telephonenumber of the person to whom the Employment Report was submitted.

 

Date submitted: 

 

Agency to which submitted:

 

Name and Title of Agency Person: 

 

Telephone: 

 

10.       Hasyour firm at the facility(ies) involved in the performance of this contract, inthe past twenty-four (24) months, been audited by the United States Departmentof Labor, Office of Federal Contract Compliance Programs (OFCCP)?  Yes      No      .

 

If yes,

 

a.  Name and address of OFCCPoffice.

 

 

 

b.     Wasa Certificate of Equal Employment Compliance issued within the past twenty-four(24) months? Yes      No       If yes, ATTACH A COPY OF SUCH CERTIFICATE.  NOTE: You may submit a copy of such certificate in lieu of completing Parts II& III of this Employment Report. Please sign and notarize the signature page of the ER on page 9 or itwill not be accepted by DLS.

 

----

 

ATTACH A COPY OF YOUR EEOSTATEMENT AS IT IS PRESENTED IN COMPANY PUBLICATIONS AND/OR POSTED ON BULLETINBOARDS.NOTE:  Your firm must comply with therequirements of NEW YORK CITY CHARTER CHAPTER 56, EXECUTIVE ORDER NO. 50 (1980)and the implementing Rules.  Thisincludes the promulgation and dissemination of an EEO Statement which includesthe protected groups identified by race, color, age, sex, creed, nationalorigin, disability, marital status, sexual orientation and citizenship statusas stated in Section 3(i) of E.O. 50.

 

c.     Wereany corrective actions required or agreed to? Yes      No       If yes, ATTACH A COPY OF SUCHREQUIREMENTS OR AGREEMENTS.  NOTE:  If corrective actions were agreed to or weretaken, you must submit documentation (including the letters of deficiency andthe conciliation agreement) regarding these corrective measures in lieu ofcompleting Parts II & III of this Employment Report.  DLS requires the submission of all futurereports concerning implementation of corrective measures and/or a completedEmployment Report.

 

C.        PART II: DOCUMENTS REQUIRED

 

THE DOCUMENTS LISTED BELOW MUSTBE SUBMITTED WITH THIS EMPLOYMENT REPORT. These documents may be in the form ofprinted booklets, brochures, manuals, memoranda, etc.  Please make certain that you submit the MOST CURRENT DOCUMENT(S),including all applicable amendments to the plans or policies.

 

NOTE:  IF EACH FACILITY PERFORMING ON THE CONTRACT USES EXACTLY THE SAMESET OF DOCUMENTS, PLEASE INDICATE AND SUBMIT ONE COMPLETE SET.  HOWEVER, IF ANY FACILITY HAS ADDITIONAL(FACILITY SPECIFIC) POLICIES AND PROCEDURES, THEN COPIES OF THESE DOCUMENTSMUST BE SUBMITTED WITH EACH RESPECTIVE EMPLOYMENT REPORT.  THE OMISSION OF SUCH FACILITY SPECIFICDOCUMENTS WILL RENDER THE EMPLOYMENT REPORT INCOMPLETE.

 

11.       Pleasesubmit the following documents or policies. If the policy(ies) are unwritten, attach a full explanation of thepractices.  List and submit eachdocument and/or unwritten practice explanation and label it according to thequestion to it which it corresponds (e.g. 11a, 11b, etc.)

 

Yes or No

 

a)             health benefitcoverage/description(s) for all management, nonunion and union employees(whether company or union administered)

 

b)            disability, life,other insurance coverage/description

 

 

c)             employeepolicy/handbook

 

----

 

d)            personnelpolicy/manual

 

e)             supervisor’spolicy/manual

 

f)             pension plan or 401kcoverage/description for all management, nonunion and union employees (whethercompany or union administered)

 

g)            collective bargainingagreement(s)

 

h)            employmentapplication(s)

 

i)              employee evaluationpolicy/form(s)

 

j)              Does your firm havemedical and/or non-medical (i.e. education, military, personal, pregnancy,child care) leave policy?

 

 

12a.     Tocomply with the Immigration Reform and Control Act of 1986 when and of whomdoes your firm require the completion of an 1-9 Form?

 
| a)             prior to job offer               |   | Yes        No       |
|-------------------------------------------------------------------------------------------------------------|--------|---------------------------------------------------------------------------------|
| b)            after a conditional job offer          |   | Yes        No       |
| c)             after a job offer                |   | Yes        No       |
| d)            within the first three days on the job |   | Yes        No       |
| e)             to some applicants               |   | Yes        No       |
| f)             to all applicants                |   | Yes        No       |
| g)            to some employees                      |   | Yes        No       |
| h)            to all employees                       |   | Yes        No       |

 

12b.     Explainwhere and how completed I-9 Forms, with their supportive documentation, aremaintained and made accessible.   

 

 

13a.     Does your firm or any of its collective bargainingagreements require job applicants to take a medical examination? Yes           No            If yes, is the medical examination given:

 
| 1)             prior to a job offer          |   | Yes        No       |
|----------------------------------------------------------------------------------------------------------|--------|---------------------------------------------------------------------------------|
| 2)             after a conditional job offer |   | Yes        No       |
| 3)             after a job offer             |   | Yes        No       |
| 4)             to all applicants             |   | Yes        No       |
| 5)             only to some applicants       |   | Yes        No       |

 

If yes, for which applicants

 

 

13b.     Attach copies of all medical examination orquestionnaire forms and instructions utilized for these examinations.

 

14a.     Do you have a written equal employment opportunity(EEO) policy?Yes       No      If yes, list the document(s) and page number(s), etc. where these written

 

----

 

policies are located.  If theEEO Policy is contained in a document(s) other than that submitted in Part IIof the Employment Report, ATTACH A COPY OF EACH DOCUMENT.

 

14b.     Does the operating facility(ies) have a currentaffirmative action plan(s) (AAP) developed pursuant to U.S. Executive Order No.11246 or other Federal law. Yes      No       If yes, ATTACH A COPY(IES) OF THE AAP(S)and check the appropriate box(es) indicating which protected group(s) arecovered by the AAP.

 
|  ̈        Minorities  and Women |   |  ̈ Individuals with Handicaps |   |  ̈ Other  (specify)                  |
|------------------------------------------------------------------------|--------|-----------------------------------|--------|-------------------------------------------------------------------------------------------------------------------------------|

 

15a.     Does your firm or collective bargainingagreement(s) have an internal grievance procedure with respect to EEOcomplaints? Yes      No       If yes, please attach a copy of thispolicy.

 

15b.     If no, ATTACH a report detailing your firm’sunwritten procedure for handling EEO complaints.

 

16.       Has any employee, within the past three years,filed a complaint pursuant to an internal grievance procedure with any officialof your firm with respect to equal employment opportunity?  Yes      No      

 

If the answer to question 16 is “Yes”, attach an internal complaint logsummarizing the nature of the complaints (e.g. allegation of failure to promotebased on race, sexual harassment, etc.), positions of the complainants, whetherinvestigations were made and dispositions, if any.  You need not submit the names of the complainants (if deemednecessary, DLS may require submission of these names).

 

17.       Has your firm, within the past three years, beennamed as a defendant (or respondent) in any administrative or judicial actionwhere the complainant (plaintiff) alleged violation of any anti-discriminationor affirmative action laws?  (i.e. TitleVII of the 1964 Civil Rights Act; Age Discrimination in Employment Act;Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; ExecutiveOrder No. 11246; Civil Rights Act of 1866 (42 U.S.C. §1981); state or localfair employment practices laws) Yes      No      

 

If the answer to question 17 is “Yes” attach a log, including thename(s) of the complainant, the administrative agency or court in which theaction was filed, the nature and current status or disposition.  ATTACH A COPY(IES) OF ANY ORDER, CONSENTDECREE OR DECISION resulting from any action explained by this response.

 

18.       Are there any jobs for which there are physicalqualifications?  Yes       No        Ifyes, list the job(s), submit a job description and state the reason(s) for thequalification(s).

 

 

19.       Are there any jobs for which there are age,race, color, national origin, sex, creed, disability, marital status, sexualorientation or citizenship status qualifications?  Yes       No      If yes, list the job(s), submit a job description(s), and state the reason(s)

 

----

 

for the qualification.

 

 

20.       Please check below whether the followingpolicies and practices apply to the job categories listed:

 
|                 |   | **JOB  DESCRIPTION** |   | **PROMOTE  FROM  WITHIN** |   | **EXTERNAL  HIRE** |   | **JOB  POSTING** |   | **ON-THE-  JOB  TRAINING** |   |
|----------------------|--------|----------------------|--------|---------------------------|--------|--------------------|--------|------------------|--------|----------------------------|--------|
| MANAGERS             |   |                 |   |                      |   |               |   |             |   |                       |   |
| PROFESSIONALS        |   |                 |   |                      |   |               |   |             |   |                       |   |
| TECHNICIANS          |   |                 |   |                      |   |               |   |             |   |                       |   |
| SALES WORKERS        |   |                 |   |                      |   |               |   |             |   |                       |   |
| CLERICALS            |   |                 |   |                      |   |               |   |             |   |                       |   |
| CRAFTWORKERS         |   |                 |   |                      |   |               |   |             |   |                       |   |
| OPERATIVES/ LABORERS |   |                 |   |                      |   |               |   |             |   |                       |   |
| SERVICE WORKERS      |   |                 |   |                      |   |               |   |             |   |                       |   |

 

21.       FOR CONTRACTORS EMPLOYING 150 OR MOREEMPLOYEES:  Please indicate belowthe relevant geographic recruitment or labor market area(s) (i.e. nation,specific county or specific metropolitan, statistical area) for each jobcategory employed at this facility.

 
|                |   | **RELEVANT  GEOGRAPHIC RECRUITMENT OR LABOR MARKET AREA(S)** |   |
|---------------------|--------|--------------------------------------------------------------|--------|
| MANAGERS            |   |                                                         |   |
| PROFESSIONALS       |   |                                                         |   |
| TECHNICIANS         |   |                                                         |   |
| SALES WORKERS       |   |                                                         |   |
| CLERICALS           |   |                                                         |   |
| CRAFTWORKERS        |   |                                                         |   |
| OPERATIVES/LABORERS |   |                                                         |   |
| SERVICE WORKERS     |   |                                                         |   |

 

----

 

SIGNATURE PAGE

 

I, (print name of authorizedofficial signing)                                                                                    hereby certify that the information submitted herewith is true and complete tothe best of my knowledge and belief and submitted with the understanding thatcompliance with New York City’s equal employment requirements, as contained inChapter 56 of the City Charter, Executive Order No. 50 (1980), as amended, andthe implementing Rules, is a contractual obligation.

 

 
|                   |
|------------------------|
| Contractor’s Name |

 

 
|                                                              |   |   |
|-------------------------------------------------------------------|--------|--------|
| Name of  person who prepared this  Employment Report              | Title  |
|                                                              |   |
|                                                              |   |   |
| Name of  official authorized to  sign on behalf of the contractor | Title  |
|                                                              |   |
|                                                              |   |   |
| Telephone  Number                                                 |   |
|                                                                   |        |        |  |

 

I, (print name of authorizedofficial signing)                                                                      UNDERSTAND THAT THE WILLFUL OR FRAUDULENT FALSIFICATION OF ANY DATA ORINFORMATION SUBMITTED HEREWITH MAY RESULT IN THE TERMINATION OF ANY CONTRACTBETWEEN THE CITY AND THE BIDDER OR CONTRACTOR AND BAR THE BIDDER OR CONTRACTORFROM PARTICIPATION IN ANY CITY CONTRACT FOR A PERIOD OF UP TO FIVE YEARS.  FURTHER, SUCH FALSIFICATION MAY RESULT INCRIMINAL PROSECUTION.

 
|   | Sworn  to before me  this            day of                        199 |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                         |   |   |   |
|   |                                                                                                                                                                                                                         |   |   |   |   |
|   |                                                                                                                                                                                                                         | Notary  Public | Authorized  Signature, Date |   |
|        |                                                                                                                                                                                                                              |  |  |  |  |

 

THIS PAGE MUST BE COMPLETED INITS ENTIRETY.  IT MUST BE SIGNED ANDNOTARIZED.  ONLY ORIGINAL SIGNATURESWILL BE ACCEPTED.

 

CONFIDENTIALITYPOLICY:  TO THE EXTENT PERMITTED BY LAWAND CONSISTENT WITH THE PROPER DISCHARGE OF THE DIVISION OF LABOR SERVICES’RESPONSIBILITIES UNDER NYC CHARTER CHAPTER 56. EXECUTIVE ORDER NO. 50 (1980), AS AMENDED, AND THE IMPLEMENTING RULESALL INFORMATION PROVIDED BY A CONTRACTOR TO DLS SHALL BE CONFIDENTIAL.

 

Rev. 3/94

 

----

 

D.        PART III: EMPLOYMENT DATA TABLES/SIGNATURE PAGE

 

PART III consists of the following:

 

A.    JOBCLASSIFICATION AND INCUMBENTS FORM

 

B.    NEWHIRES FORM/TRACKING OF EMPLOYEES HIRED OVER THE LAST THREE YEARS

 

C.    TERMINATIONSFORM/EMPLOYMENT TERMINATIONS OVER THE LAST THREE YEARS

 

YOU ARE REQUIRED TO COMPLETEALL INFORMATION - IF ANY INFORMATION IS NOT AVAILABLE YOU MUST CONTACT THE CITYAGENCY WITH WHOM YOU ARE CONTRACTING (CONTRACTING AGENCY) OR IF YOU ARECONTRACTING THROUGH THE DEPARTMENT OF GENERAL SERVICES /DIVISION OF MUNICIPALSUPPLIES, YOU MUST CONTACT THE DIVISION OF LABOR SERVICES DIRECTLY. SUBMIT ALLEXPLANATION DETAILING WHY THIS INFORMATION IS NOT AVAILABLE.

 

CONTRACTORS AND SUBCONTRACTORSHAVING THE CAPABILITY TO DO SO MAY PROVIDE DLS WITH A COMPUTER DISKETTECONTAINING THE REQUIRED INFORMATION FROM EACH OF THE THREE DATA TABLES.  COMPLETE INSTRUCTIONS FOR DISK SUBMISSIONSCAN BE OBTAINED FROM DLS UPON SPECIFIC REQUEST.

 

PLEASE DO NOT ATTEMPT TOCOMPLETE THIS SECTION WITHOUT CAREFULLY READING THE INSTRUCTIONS FOR EACHFORM.  INCOMPLETE OR INACCURATE DATATABLES WILL BE RETURNED.

 

EACH DATA TABLE IS EXPLAINEDAND ILLUSTRATED BY A SAMPLE DATA TABLE IN THE EMPLOYMENT REPORT INSTRUCTIONS.

 

NOTE:  MAKE AS MANY COPIES OF EACH FORM AS YOU REQUIRE.

 

----

 

CONTRACTOR NAME:                                                                                     

 

FORMB:  NEW HIRES FORM/TRACKINGEMPLOYEES HIRED OVER THE LAST THREE YEARS

 

FACILITY LOCATION:                                

 
| **Employee Characteristics**                |   | **At-Hire  Information** |   | **Current  Information**  |   |
|---------------------------------------------|--------|--------------------------|--------|---------------------------|--------|
| **(1)**                                     |   | **(2)**                  |   | **(3)**                   |   | **(4)** |   | **(5)** |   | **(6)** |   | **(7)** |   | **(8)** |   | **(9)** |   |
| **Social Security No.  or Employee ID No.** |   | **Sex  (a)**             |   | **Race  Ethnic Code (b)** |   | **Year of  Hire** |   | **Company  Job Number at Hire** |   | **Matching  Census Code (c)** |   | **Weekly  Salary at Hire** |   | **Current  Company Job  Number (d)** |   | **Weekly  Current Salary** |   |
|                                        |   |                     |   |                      |   |   |   |   |   |   |   |   |   |   |   |   |   |

 

----

(a)

M:   Male

F:     Female

 

(b)

W:   White (non-Hisp)

B:    Black (non-Hisp)

H:    Hispanic

A:    Asian

N:    Native American

 

(c)

seeAppendix B for a listing of the 1990 Census codes

 

(d)

V:    Voluntarily terminated employment (Resigned)

I:      Involuntarily terminated employment (Discharged/Lay off)

R:    Retired

D:    Deceased

 

o  Icertify that there were no new hires in199      /199      NOTE:  Make as many copies of this formas you require.

 

----

 

FORM A:  JOB CLASSIFICATION AND INCUMBENTS FORM                     CONTRACTOR NAME                                      

 

Occupational Category (CIRCLE ONE)  MGRSPROFTECHSALCLERSERVFARMCRAFOPER/LABR

 

Total number of Incumbents in this category

 

FACILITY LOCATION:                                                                

 
| **(1)  Company Job Title** |   | **(2)  Company  Job No.** |                                                          | **(3)  Census  Code**** |   |      |   | **(5)  Total  in  Title** |                   |   |                   |   |          |
|----------------------------|--------|---------------------------|---------------------------------------------------------------|-------------------------|--------|-----------|--------|---------------------------|------------------------|--------|------------------------|--------|---------------|
|                       |   |                      | **(4)  Job Group Assignment for  this occupational category** |                    |   | **MALES** |   | **FEMALES**               |                   |
| **1**                      |   | **2**                     |                                                          | **3**                   |   | **4**     |   | **5**                     | **(6)  W (non  Hisp)** |   | **(7)  B (non  Hisp)** |   | **(8)  Hisp** |   | **(9)  Asian** |   | **(10)  Native  Amer.** |   | **(11)  W (non  Hisp)** |   | **(12)  B (non  Hisp)** |   | **(13)  Hisp** |   | **(14)  Asian** |   | **(15)  Native  Amer.** |   |   |
|                       |   |                      |                                                          |                    |   |      |   |                      |                   |   |                   |   |          |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
|                            |        |                           |                                                               |                         |        |           |        |                           |                        |        |                        |        |               |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |

 

----

* Please include on each sheet informationconcerning only 1 occupational category (see ER instructions Appendix A, page21 for Occupational Categories)

** See ER instructions Appendix A. for CensusCodes

 

NOTE:  Make as many copies of this form as yourequire for each occupational category

 

----

 

CONTRACTORNAME:                                                     

 

FORMC:  TERMINATIONS FORMEMPLOYMENT TERMINATIONS OVER THE LAST THREE YEARS

 

FACILITYLOCATION:                                                     

 
| **(1)  Social Security No.  or Employee ID No.** |   | **(2)  Sex (a)** |   | **(3)  Race  Ethnic Code (b)** |   | **(4)  Age at  Termination** |   | **(5)  Year of Hire** |   | **(6)  Last Company  Job Number** |   | **(7)  Year of  Termination** |   | **(8)  Type of  Termination (c)** |   |
|--------------------------------------------------|--------|------------------|--------|--------------------------------|--------|------------------------------|--------|-----------------------|--------|-----------------------------------|--------|-------------------------------|--------|-----------------------------------|--------|
|                                             |   |             |   |                           |   |                         |   |                  |   |                              |   |                          |   |                              |   |

 

----

(a)

M:   Male

F:     Female

 

(b)

W:   White (non-Hisp)

B:    Black (non-Hisp)

H:    Hispanic

A:    Asian

N:    Native American

 

(c)

V:    Voluntarily terminated employment (Resigned)

I:      Involuntarily terminated employment (Discharged/Lay off)

R:    Retired

D:    Deceased

 

o  Icertify that there were no new terminations in199      /199      NOTE:  Make as many copies of this formas you require.

 

----

 

DEPARTMENT OF BUSINESS SERVICESDIVISION OF LABOR SERVICES

 

LESS THAN FIFTY (50) EMPLOYEES CERTIFICATE

 

Contractor/Subcontractor:                 

 

Address:

 

 

Telephone Number:  (   )

 

Name and Title of Signatory: 

 

If Subcontractor Identify PrimeContractor: 

 

Contracting Agency: 

 

Contract Amount: 

 

Nature of Contract:

 

Names and contact informationfor all subcontractors, suppliers, manufacturers or vendors performing inexcess of $50,000 on this contract (if not known at this time, so state):

 

 

I, (print the name of the authorized official signing)                                                          ,hereby affirm that I am authorized by the above-named contractor to certifythat said contractor currently employs           people.  This affirmation is made in accordance withNYC Charter Chapter 56, Executive Order No. 50 (1980), the implementing Rules.

 

I, (print the name of authorized official signing)                                                                ,understand that the WILLFUL OR FRAUDULENT FALSIFICATION OF ANY DATA ORINFORMATION SUBMITTED HEREWITH MAY RESULT IN THE TERMINATION OF ANY CONTRACTBETWEEN THE CITY AND THE BIDDER OR CONTRACTOR AND BAR THE BIDDER OR CONTRACTORFROM PARTICIPATION IN ANY CITY CONTRACT FOR A PERIOD OF UP TO FIVE YEARS.  FURTHER, SUCH FALSIFICATION MAY RESULT INCRIMINAL PROSECUTION.

 
|                |                                                                                   |                                                                        |
|---------------------|----------------------------------------------------------------------------------------|-----------------------------------------------------------------------------|
| Sworn to  before me |                                                                                   |                                                                        |
| this                | day  of             , | 199             | Authorized  Signature, Title |
|                |                                                                                   | Date                                                                        |   |   |
| Notary  Public      |                                                                                   |                                                                        |
|                     |                                                                                        |                                                                             |  |  |  |  |  |  |

 

It is the responsibility of thecontractor to promptly inform all proposed subcontractors that eachsubcontractor, like the prime contractor, must comply with the equal employmentopportunity requirements of Chapter 56, E.O. 50, and the implementingRules.  Each covered subcontractor mustsubmit a completed Employment Report for each of its operating facilities tothe contracting agency before the fifth day following the award date(Comptroller’s Office Registration Date) of the contract.  DLS will review the subcontractor’sEmployment Report(s) for compliance.

 

----

 

SPECIAL NOTICE TO VENDORS/SUPPLIERSWITH LESS THAN 150 EMPLOYEES

 

Vendors or Suppliers with lessthan 150 employees at the facility(ies) performing on this contract need onlycomplete Parts I and II (pages 1-7), the Signature Page (page 8) and the “LessThan 150 Employees Certificate” below for each applicable facility.  DO NOT COMPLETE PART III (pages 9 –11).

 

NOTE:            Aseparate Employment Report must be completed for each facility performing onthe contract.

 

LESS THAN 150 EMPLOYEES CERTIFICATE

 

I, (fill in name of person signing)                                                                            ,hereby affirm that I am authorized by (contractor name)                                                                                                                                                to certify that said contractor employs fewer than 150 people at the followingfacility listed below.

 
| **Facility  Address** |   | **Number of Employees** |
|-----------------------|--------|-------------------------|
|                  |   |                    |
|                  |   |                    |

 

I., (print the name of authorized official signing)                                                                ,understand that the WILLFUL OR FRAUDULENT FALSIFICATION OF ANY DATA ORINFORMATION SUBMITTED HEREWITH MAY RESULT IN THE TERMINATION OF ANY CONTRACTBETWEEN THE CITY AND THE BIDDER OR CONTRACTOR AND BAR THE BIDDER OR CONTRACTORFROM PARTICIPATION IN ANY CITY CONTRACT FOR A PERIOD OF UP TO FIVE YEARS.  FURTHER, SUCH FALSIFICATION MAY RESULT INCRIMINAL PROSECUTION.

 
| Sworn to  before me |                                                                                   |                                                                        |
|---------------------|----------------------------------------------------------------------------------------|-----------------------------------------------------------------------------|
| this                | day  of             , | 199             |   |
|                |                                                                                   |                                                                        |
|                |                                                                                   |                                                                        |   |
|                |                                                                                   |                                                                        |   |
| Notary  Public      |                                                                                   | Authorized  Signature, Title                                                |   |
|                |                                                                                   |                                                                        |   |
|                |                                                                                   |                                                                        |   |
|                |                                                                                   |                                                                        |   |
|                | Date                                                                                   |
|                     |                                                                                        |                                                                             |  |  |  |  |

 

ATTENTION:  THIS IS NOT A “LESS THAN 50 EMPLOYEESCERTIFICATE”

 

----

 

JOB DESCRIPTION FORM

 

DO NOT COMPLETE THIS FORM UNLESS YOU ARE UNABLE TO ASSIGN A PARTICULARJOB NUMBER/TITLE TO AN OCCUPATIONAL CATEGORY OR TO ASSIGN A CENSUS CODE TO APARTICULAR JOB NUMBER/TITLE

 

Job Title:

 

Entry Level:           

YES      NO

 

Routine Duties:

 

Occasional Duties:

 

Requisite Skills andExperience:

 

Type(s) ofJobs From Which Promotions into this Job Occur:

 
|   |   | Managerial   |   |   |   | Technical  |
|--------|--------|--------------|--------|--------|--------|------------|
|   |   | Professional |   |   |   | Service    |
|   |   | Clerical     |   |   |   | Operatives |
|   |   | Sales        |   |   |   | Laborers   |

 

Job TitlesFrom Which Promotions into this Job Occur:

 

 

Type(s) ofJobs To Which Promotions From this Job Occur:

 
|   |   | Managerial   |   |   |   | Technical  |
|--------|--------|--------------|--------|--------|--------|------------|
|   |   | Professional |   |   |   | Service    |
|   |   | Clerical     |   |   |   | Operatives |
|   |   | Sales        |   |   |   | Laborers   |

 

Job Titles toWhich Promotions From this Job Occur:

 

----

 

Please provide the followinginformation which may be obtained from the Industrial Commercial IncentiveProgram Application.

 

[FOR ICIP APPLICANT/DEVELOPERS ONLY]

 

(a)       Block(s)                                                                 (b) Lot(s)

(c)       PropertyAddress/Description 

(d) Borough

 

(e)       PreliminaryApplication Number 

 

(f)        Applicant’sName 

 

(g)       Address

 

(h)       ContactPerson 

 

(i)        TelephoneNumber 

 

(j)        SSNo./Employer ID No. 

 

(k)       Consultant(s)

 

(1)       EstimatedCost of Construction 

 

(m)      ProjectedCommencement of Work Date 

 

(n)       ProjectedDate of Completion 

 
| (o)       o  Construction Managers |   | o General Contractors |
|------------------------------------------------------------------|--------|-----------------------|

 

(p)       Name

 

(q)       Address

 

(r)        ContactPerson 

 

(s)       ProposedContract Amount 

 

(t)        Aresubcontractors being used on this project? yes [     ]   no

 

(u)       Name

 

(v)       Address

 

(w)      ContactPerson 

 

(x)        ProposedContract Amount

 

(Use Additional Pages to Record Any Additional information)

 

----

 

FORM A: JOB CLASSIFICATION AND INCUMBENTS FORM                               CONTRACTOR NAME TOM JONES CONTRACTING CORP.

 

Occupational Category (CIRCLE ONE)  MGRSPROFTECHSALCLERSERVFARMCRAFOPER/LABR

 

Total number of Incumbents in this category

 
|   |   | 20 |   | FACILITY LOCATION:  LAS VEGAS FACTORY |
|--------|--------|----|--------|--------------------------------------------|

 
| **(1)  Company Job Title** |   | **(2)  Company  Job No.** |                                                          | **(3)  Census  Code**** |   |      |   | **(5)  Total  in  Title** |                   |   |                   |   |          |
|----------------------------|--------|---------------------------|---------------------------------------------------------------|-------------------------|--------|-----------|--------|---------------------------|------------------------|--------|------------------------|--------|---------------|
|                       |   |                      | **(4)  Job Group Assignment for  this occupational category** |                    |   | **MALES** |   | **FEMALES**               |                   |
| **1**                      |   | **2**                     |                                                          | **3**                   |   | **4**     |   | **5**                     | **(6)  W (non  Hisp)** |   | **(7)  B (non  Hisp)** |   | **(8)  Hisp** |   | **(9)  Asian** |   | **(10)  Native  Amer.** |   | **(11)  W (non  Hisp)** |   | **(12)  B (non  Hisp)** |   | **(13)  Hisp** |   | **(14)  Asian** |   | **(15)  Native  Amer.** |   |
| PRESIDENT                  |   | 01901                     |                                                          | 004                     |   | X         |   |                      |                   |   |                   |   |          |   |   | 1 |   | 1 |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| MGR.  PURCHASING           |   | 04412                     |                                                          | 009                     |   |      |   | X                         |                   |   |                   |   |          |   |   | 1 |   |   |   |   |   |   |   |   |   |   |   | 1 |   |   |   |   |   |   |   |   |   |
| QUALITY  CONTROL MANAGER   |   | 04560                     |                                                          | 022                     |   |      |   |                      |                   | X      |                   |   |          |   |   | 1 |   | 2 |   | 1 |   | 1 |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| COMPUTER  MANAGER          |   | 04570                     |                                                          | 022                     |   |      |   |                      |                   | X      |                   |   |          |   |   | 2 |   | 2 |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| MANAGEMENT  ANALYST        |   | 04890                     |                                                          | 026                     |   |      |   |                      |                   |   |                   | X      |          |   |   | 2 |   | 1 |   |   |   | 1 |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| REGIONAL  MANAGER          |   | 03752                     |                                                          | 022                     |   |      |   |                      |                   | X      |                   |   |          |   |   | 3 |   | 1 |   |   |   |   |   |   |   |   |   | 1 |   |   |   |   |   |   |   |   |   |
| ACCOUNTANT                 |   | 03751                     |                                                          | 023                     |   |      |   |                      |                   |   |                   | X      |          |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| MANAGER  INFORMATION       |   | 01939                     |                                                          | 022                     |   |      |   |                      |                   | X      |                   |   |          |   |   | 2 |   |   |   |   |   | 1 |   |   |   |   |   | 1 |   |   |   |   |   |   |   |   |   |
| INVENTORY  CONTROL MANAGER |   | 02240                     |                                                          | 022                     |   |      |   |                      |                   | X      |                   |   |          |   |   | 1 |   | 1 |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| CONSTRUCTION  MANAGER      |   | 03351                     |                                                          | 022                     |   |      |   |                      |                   | X      |                   |   |          |   |   | 1 |   |   |   |   |   |   |   |   |   |   |   | 1 |   |   |   |   |   |   |   |   |   |
| EXECUTIVE  ASSISTANT       |   | 03750                     |                                                          | 037                     |   |      |   |                      |                   |   |                   | X      |          |   |   | 1 |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| SALES  MANAGER             |   | 01701                     |                                                          | 022                     |   |      |   |                      |                   |   |                   | X      |          |   |   | 1 |   | 1 |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |

 

----

* Please include on each sheet informationconcerning only 1 occupational category (see ER instructions Appendix B),

page 24 for Occupational Categories)

** See ER instructions Appendix B. for CensusCodes

 

NOTE:  Make as many copies of this form as yourequire for each occupational category

 

----

 

CONTRACTOR NAME:  TOM JONES CONTRACTING CORP.

 

FORMC:  TERMINATIONS FORMEMPLOYMENT TERMINATIONS OVER THE LAST THREE YEARS

 

FACILITY LOCATION:  LAS VEGAS FACTORY

 
| **(1)  Social Security No.  or Employee ID No.** |   | **(2)  Sex (a)** |   | **(3)  Race  Ethnic Code (b)** |   | **(4)  Age at  Termination** |   | **(5)  Year of Hire** |   | **(6)  Last Company  Job Number** |   | **(7)  Year of  Termination** |   | **(8)  Type of  Termination (c)** |   |
|--------------------------------------------------|--------|------------------|--------|--------------------------------|--------|------------------------------|--------|-----------------------|--------|-----------------------------------|--------|-------------------------------|--------|-----------------------------------|--------|
| 001-00-0002                                      |   | F                |   | B                              |   | 37                           |   | 93                    |   | 00310                             |   | 94                            |   | I                                 |   |
| 002-00-0003                                      |   | F                |   | W                              |   | 28                           |   | 93                    |   | 03720                             |   | 94                            |   | R                                 |   |
| 003-00-0004                                      |   | M                |   | B                              |   | 26                           |   | 93                    |   | 03720                             |   | 93                            |   | I                                 |   |
| 004-00-0005                                      |   | F                |   | B                              |   | 27                           |   | 93                    |   | 00310                             |   | 94                            |   | R                                 |   |
| 005-00-0006                                      |   | F                |   | B                              |   | 44                           |   | 94                    |   | 03720                             |   | 94                            |   | R                                 |   |
| 006-00-0007                                      |   | M                |   | H                              |   | 36                           |   | 94                    |   | 01520                             |   | 94                            |   | I                                 |   |
| 008-00-0009                                      |   | M                |   | W                              |   | 32                           |   | 93                    |   | 02361                             |   | 94                            |   | R                                 |   |
| 010-00-0011                                      |   | M                |   | B                              |   | 29                           |   | 94                    |   | 00310                             |   | 94                            |   |                              |   |
| 011-00-0012                                      |   | F                |   | B                              |   | 24                           |   | 94                    |   | 00310                             |   | 94                            |   | R                                 |   |
| 012-00-0013                                      |   | M                |   | H                              |   | 42                           |   | 94                    |   | 04950                             |   | 94                            |   | R                                 |   |
| 014-00-0015                                      |   | F                |   | W                              |   | 32                           |   | 93                    |   | 00310                             |   | 93                            |   | I                                 |   |

 

----

(a)

M:   Male

F:     Female

 

(b)

W:   White (non-Hisp)

B:    Black (non-Hisp)

H:    Hispanic

A:    Asian

N:    Native American

 

(c)

V:    Voluntarily terminated employment (Resigned)

I:      Involuntarily terminated employment (Discharged/Lay off)

R:    Retired

D:    Deceased

 

o  Icertify that there were no new terminations in199      /199      NOTE:  Make as many copies of this formas you require.

 

----

 

CONTRACTOR NAME:  TOM JONES CONTRACTING CORP.

 

FORMB:  NEW HIRES FORM/TRACKINGEMPLOYEES HIRED OVER THE LAST THREE YEARS

 

FACILITY LOCATION:  LAS VEGAS FACTORY         

 

 
| **Employee Characteristics**                     |   | **At-Hire  Information** |   | **Current  Information**       |   |
|--------------------------------------------------|--------|--------------------------|--------|--------------------------------|--------|
| **(1)  Social Security No.  or Employee ID No.** |   | **(2)  Sex  (a)**        |   | **(3)  Race  Ethnic Code (b)** |   | **(4)  Year of  Hire** |   | **(5)  Company  Job Number at Hire** |   | **(6)  Matching  Census Code (c)** |   | **(7)  Weekly  Salary at Hire** |   | **(8)  Current  Company Job  Number (d)** |   | **(9)  Weekly  Current Salary** |   |
| 000-01-0001                                      |   | F                        |   | W                              |   | 93 |   | 00120 |   | 313 |   | 320 |   | I |   | I |   |
| 000-02-0002                                      |   | F                        |   | A                              |   | 94 |   | 00310 |   | 705 |   | 410 |   | 03720 |   | 520 |   |
| 000-03-0003                                      |   | F                        |   | B                              |   | 94 |   | 00310 |   | 705 |   | 390 |   | 03706 |   | 500 |   |
| 000-04-0004                                      |   | M                        |   | A                              |   | 94 |   | 00310 |   | 705 |   | 400 |   | 00310 |   | 490 |   |
| 000-05-0005                                      |   | M                        |   | B                              |   | 94 |   | 00310 |   | 705 |   | 410 |   | 00360 |   | 520 |   |
| 000-06-0006                                      |   | F                        |   | W                              |   | 93 |   | 00310 |   | 705 |   | 410 |   | 00310 |   | 515 |   |
| 000-07-0007                                      |   | M                        |   | A                              |   | 93 |   | 00310 |   | 705 |   | 390 |   | 00310 |   | 490 |   |
| 000-08-0008                                      |   | M                        |   | B                              |   | 93 |   | 00310 |   | 705 |   | 410 |   | 01600 |   | 520 |   |
| 000-09-0009                                      |   | F                        |   | W                              |   | 94 |   | 00310 |   | 705 |   | 390 |   | 00310 |   | 500 |   |
| 000-10-0010                                      |   | F                        |   | B                              |   | 93 |   | 00310 |   | 705 |   | 400 |   | 00310 |   | 510 |   |

 

----

(a)

M:   Male

F:     Female

 

(b)

W:   White (non-Hisp)

B:    Black (non-Hisp)

H:    Hispanic

A:    Asian

N:    Native American

 

(c)

seeAppendix B for a listing of the 1990 Census codes

 

(d)

V:    Voluntarily terminated employment (Resigned)

I:      Involuntarily terminated employment (Discharged/Lay off)

R:    Retired

D:    Deceased

 

o I certify that there were no new hires in199      /199      NOTE:  Make as many copies of this formas you require.

 

----

 

**[VENDEXQUESTIONNAIRES (AND INSTRUCTIONS)]**

 

----

 

**BID SHEET ANDSIGNATURE PAGE FORSECOND SERVICE AND SUPPLY AGREEMENT**

 

----

 

**New York CityDepartment of Sanitation**

**Export of MunicipalSolid Waste from the Borough of Brooklyn**

 

**BID SHEET ANDSIGNATURE PAGE.**

**(WITH MANDATORYCHECKOFF ITEMS)**

 

A.            Instructions for thecompletion of the bid sheet.

 

----

*              Theprice entered adjacent to the **Price Per Ton** shall be the price that theBidder will charge the City for the acceptance and disposal of one (1) ton ofmunicipal solid waste (“M.S.W.”).

 

**           Thenumber of tons entered adjacent to the **Maximum Deliverable Tonnage of Municipal Solid Wasteper Day** shall be the maximun number of tons of M.S.W. that theBidder. will accept from the City on any day for disposal at the putresciblesolid waste transfer station or solid waste management facility designated inits bid at its bid price.

 

***         TheBidder shall insert the name of **Putrescible Solid Waste Transfer Station or SolidWaste Management Facility** at which the Bidder will accept M.S.W.from the City at its bid price.

 
| Price Per  Ton*                                                                 |   | $                                  | 75.90  |   |
|---------------------------------------------------------------------------------|--------|------------------------------------|--------|--------|
| Maximum  Deliverable Tonnage of Municipal Solid Waste Per Day**                 |   | 1,000 Tons                         |   |
| Putrescible  Solid Waste Transfer Station or Solid Waste Management Facility*** |   | 110 50th Street Brooklyn, NY 11232 |   |

 

B.            Bysigning this bid, the bidder agrees that the Burma Provisions constitutematerial provisions of this Contract            **ý****Yes**    **o****No** (Check one of these choices)

 

C .           Bysigning this bid, the bidder agrees that the MacBride Provisions constitutematerial provisions of this Contract      **ý Yes****   ****o No** (Checkone of these choices).

 
| Bidder:                                                                                                               |   IESI NY Corporation |   |
|-----------------------------------------------------------------------------------------------------------------------|---------------------------------|--------|
|                                                                                                                  |                            |
| By:                                                                                                                   |   Edward  L. Apuzzi   |   |
| (Signature of partner, corporate officer, or individual bidder)                                                       |
|                                                                                                                  |                            |
| Title:                                                                                                                |   Vice  President     |   |
|                                                                                                                  |                            |   |
| The affidavit on the following page must be subscribed and sworn to  before a Notary Public or Commissioner of Deeds. |

 

**For Corporations Only**:

 

Attestation:

 

----

 
|   | (      Corporate      )                                            |                        |   |
|--------|--------------------------------------------------------------------------------------------------------------------------------|-----------------------------|--------|
|   |                                                                                                                           |                        |
|   | (      Seal              ) | Secretary Corporate  Bidder |

 

----

 

**BIDDER AFFIDAVIT**

 
| STATE OF                                                                    | New Jersey                 |   |
|-----------------------------------------------------------------------------|----------------------------|--------|
|                                                                        |                       | SS:    |
|                                                                        |                       |
| COUNTY OF                                                                   | Hudson                     |   |
|                                                                        |                       |
| Edward L. Apuzzi                                                            | , being duly  sworn, says: |
| *(Choose only one of the following three  options; check box and complete)* |
|                                                                             |                            |        |  |  |

 

ý            CorporationBidder:

 

I am the VicePresident of the above named corporation whose name is subscribed to and whichexecuted the foregoing bid. I reside at 17 Harvest Drive, Plainsboro, NewJersey 08536.I have knowledge of several matters stated in the bid, and they are in allrespects true.

 

o            Partnershipor Joint Venture (Unincorporated Organization)

 

I am a memberof                                                                                                  ,the partnership or joint venture described in and which executed the foregoingbid. I subscribed the name of the partnership or joint venture on its behalf,and the several matters stated in the bid are in all respects true.

 

o            IndividualBidder:

I am theperson described in and who executed the foregoing bid and the several mattersstated in the bid are in all respects true.

 
|                                                                |              |   |
|---------------------------------------------------------------------|-------------------|--------|
|                                                                |              |   |
| (Signature of the person who signed the bid)                        |              |   |
|                                                                |              |
| Print Name:                                                         | Edward L.  Apuzzi |   |
| Print Title:                                                        | Vice  President   |   |
|                                                                |              |
| Subscribe to and sworn to before me this 29th day of  January, 2003 |
|                                                                |              |   |
|                                                                | Notary  Public    |
|                                                                     |                   |        |  |  |

 

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**AFFIRMATION OFNON-DEBT (TAX AFFIRMATION)**

 

Theundersigned proposer or bidder affirms and declares that said proposer orbidder is not in arrears to the City of New York upon debt, contract or taxesand is not a defaulter, as surety or otherwise, upon obligation to the City ofNew York, and has not been declared not responsible, or disqualified, by anyagency of the City of New York, nor is there any proceeding pending relating tothe responsibility or qualification of the proposer or bidder to receive publiccontracts except:

 

 

 
| Full name of  Proposer or Bidder |   | IESI NY  Corporation   |   |                  |   |   |   |   |
|----------------------------------|--------|------------------------|--------|-----------------------|--------|--------|--------|--------|
|                             |   |                   |   |                  |   |   |   |   |   |   |
| Address  2  Commerce Street |   |                   |   |                  |   |   |   |   |
|                             |   |                   |   |                  |   |   |   |   |   |   |
| City  Bayonne               |   | State  New Jersey |   | Zip  Code  07002 |
|                                  |        |                        |        |                       |        |        |        |        |  |  |  |  |  |  |

 

**CHECK ONE BOX AND INCLUDE THE APPROPRIATENUMBER:**

 

o            A- Individual or Sole Proprietorship(5)

 

SOCIALSECURITY NUMBER 

 

o            B- Partnership, Joint Venture or other unincorporated organization

 

EMPLOYERIDENTIFICATION NUMBER

 

ý            C– Corporation

 

EMPLOYERIDENTIFICATION NUMBER  13-3960687

 

 
| By:                                                                                                       |   |   |
|-----------------------------------------------------------------------------------------------------------|--------|--------|
| Signature                                                                                                 |   |
|                                                                                                      |   |
|                Vice  President |   |
|    Title                                                                                   |   |
|                                                                                                      |   |
| If a corporation place seal here.                                                                         |   |

 

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(5) Under the Federal PrivacyAct the furnishing of Social Security Numbers by bidders on City contracts isvoluntary. Failure to provide a Social Security Number will not result in abidder's disqualification. Social Security Numbers will be used to identifybidders, proposers or vendors to ensure their compliance with laws, to assistthe City in enforcement of laws businesses which seek City contracts.

 

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Must be signed by an officer or duly authorized representative.

 

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