DOCUMENTS AND SPECIFICATIONS FOR VILLAGE OF KILLBUCK SOLID WASTE COLLECTION

CONTRACT

MAY, 2011

Version 3.1

EEO/AFFIRMATIVE ACTION STATEMENT

The Village of Killbuck pledges to provide equal opportunity with regard to race, color, creed, national origin, sex, or age. This pledge applies to all employees and applicants for employment in connection with hiring, placement, upgrading, transfer, or demotion; recruiting, advertising, or solicitation for employment; treatment during employment; rates of pay or other forms of compensation; selection for training; layoff or termination of employment. The Village of Killbuck pledges to provide equal opportunity with regard to race, color creed, national origin, sex, or age to all interested bidders who submitting a bid for said Village. This statement is made in accordance with Title VI of the Civil Rights Act of 1963, Executive Order 11246, dated September 24, 1965, and Executive Order 11375, dated October 13, 1969. Page ___1___

A F F I D A V I T*

_____________________________________________ being duly sworn says that he is ______ ______________________________ of ________________________________, the successful bidder, and that as of _____________________, 2011, the date of submission of the bids, the bidder; Please circle whichever of the following is applicable.

1. was not charged with any delinquent personal property taxes on the general tax list of personal property of Holmes County, Ohio

or

2. was charged with delinquent personal property taxes on the general tax list of personal property of Holmes County, Ohio – in the amount of $__________________; together with unpaid penalties and interest of $__________________.

This affidavit is submitted in compliance with Section 5719.042* of the Ohio Revised Code. Signed _________________, _________________________ NAME OF OFFICER TITLE of _________________________________________, the successful bidder. NAME OF COMPANY Sworn to before me and subscribed in my presence this ______ day of _____________ __, 2011. __________________________________________ NOTARY PUBLIC 5719.042 Successful contractors to submit sworn statement of no tax liability.

After the award by a taxing district of any contract let by competitive bid and prior to the time the contract is entered into, the person making a bid shall submit to the district’s fiscal officer a statement affirmed under oath that the person with whom the contract is to be made was not charged at the time the bid was submitted with any delinquent personal property taxes on the general tax list of personal property of any county in which the taxing district has territory or that such person was charged with delinquent personal property taxes on any such tax list, in which case the statement shall also set forth the amount of such due and unpaid delinquent taxes and any due and unpaid penalties and interest thereon. If the statement indicates that the taxpayer was charged with any such taxes, a copy of the statement shall be transmitted by the fiscal officer to the county treasurer within thirty days of the date it is submitted.

A copy of the statement shall also be incorporated into the contract, and no payment shall be made with respect to any contract to which this section applies unless such statement has been so incorporated as a part thereof.

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NON-COLLUSION AFFIDAVIT

(This Affidavit Must Be Executed for the Bid to be Considered) STATE of ______________________________)

) SS COUNTY of _____________________________) I, ___________________________________, ___________________________ TITLE Being duly sworn, do depose and say that ______________________________ Names of All Persons, Firms, or Corporations Interested in the Bid Its agent, officers or employees have not directly or indirectly entered into any agreement,

participated in any collusion, or otherwise taken any action in restraint of free competitive

bidding in connection with this proposal; and also, that no member of the Council, head of any

Village department or bureau, or employee therein, or any Officer of The Village of Killbuck is

directly or indirectly interested therein.

________________________________ SIGNATURE ________________________________ TITLE Sworn to and subscribed before me this _________ day of _________________, 2011. Seal ________________________________ Notary Public

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VILLAGE OF KILLBUCK BID INSTRUCTIONS

The bidder hereby agrees that the Village has the right to reject any or all bids and to waive informality in any bid, and that the bidder shall not dispute the correctness of these methods used in computing the lowest and best bid. The bidder further agrees that the Village may at his discretion award the contract on the basis of individual items taken separately, in multiples, or collectively for any or all items in this proposal, and that he will not dispute the Village’s judgment in his award upon this basis. All bidders acknowledge that they have been put on notice that all bidders (the principal or an authorized agent) shall attend a mandatory bid meeting that will be held on the 2nd day of June, 2011 at 7:00 P.M. The meeting will be held at the Village Hall at 138 South Main St. Killbuck, OH 44637. If a bidder does not attend this meeting, their submitted bid will not be considered. The purpose of this meeting will be to discuss any questions the bidders may have regarding the bid documents. The submitted bid must be in a sealed envelope marked “GARBAGE, RUBBISH, BULK ITEMS, RECYCLABLES AND YARD WASTE COLLECTION AND DISPOSAL PROPOSAL” and addressed or personally delivered to: Village of Killbuck 138 South Main Street Killbuck, Ohio 44637. The bid package must be received on or before 7:00 PM on June 9th, 2011. _________________________________________ Bidder’s Signature Business Address of Bidder: ______________________________________ ______________________________________

CERTIFIED CHECK OR CASHIER’S CHECK OR BID BOND

Certified Check or Cashier’s Check or Bid Bond in the amount of _________________________________________________ drawn on ________________________ Bank of ________________________ deposited herewith. _________________________________ BIDDER CHECK YOUR BID –

Errors or Omissions Could Result in Your Bid Being Declared Invalid. All Bids Not In Conformity With These Provisions May Be Rejected!

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BID

P R O P O S A L

The undersigned proposes to furnish the labor, materials and/or equipment as outlined on the following pages of this proposal for the Village of Killbuck. The undersigned understands that the quantities quoted are estimates only, and the Village of Killbuck does not promise to buy any given amount, and he hereby waives any and all claims for loss of profits or damages caused by his expectation of selling any quoted amount to the Village. The undersigned also understands that the quoted price shall be firm for the contractual period. Detailed Specifications are hereby made a part of the proposal, and the bidder hereby acknowledges that he has read and understands them. Bidder _______________________________________________ Authorized Signature _______________________________________________ Address _______________________________________________ Telephone _______________________________________________

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SPECIFICATIONS I. INTENT AND PURPOSE The following is the specifications for the garbage, rubbish, recyclables, bulk items and yard waste collection services to be provided to residences in the Village of Killbuck, Ohio. All residents will comply with the ordinance and enroll in the program, or provide a “Certificate of Compliance“ as to the possession of “on property“ garbage disposal facilities and a contract for trash disposal with a duly licensed trash hauler. Only the Franchised Operator will be permitted to pickup residential garbage, rubbish, recyclables, bulk items and yard wastes. An apartment of four (4) or more units shall be considered as commercial. The general intent and purpose of the Village of Killbuck is to provide a collection system in the form of franchises to collect and dispose of container packaged garbage, rubbish bulk items, yard waste and recyclables from individual residential units, with the specific objective of reducing the volume of wastes going to landfills. II. DEFINITIONS A. Garbage - shall include all animal and vegetable matter, singularly or in combination, which has been used as food, or intended to be used as food for humans. * Specifically excluded from garbage shall be any yard waste, such as leaves, grass, weeds, branches, flowers, and fruits. B. Rubbish - shall include all household waste not considered recyclable, including, but not limited to, contaminated paper, broken glass and crockery, floor sweepings, disposable diapers and other personal hygiene products, clothes, shoes, rubber, leather, and general household scraps. * Specifically excluded from rubbish shall be: construction debris such as stones, masonry, concrete, lumber, shingles, tar paper, auto parts, engines, tires, batteries, paints, liquids, and any hazardous waste materials.

C. Recyclables - shall include aluminum cans, tin cans, bimetal cans, glass food and beverage containers, #1 through #6 plastic containers, newspapers, magazines, junk mail, corrugated cardboard, and any other material designated by the Mayor. D. Bulk Items - shall include household furnishings and appliances, which must be set at curbside on regular trash pickup day. Customers to have Freon removed from appliances (e.g. refrigerators, dehumidifiers and air conditioners), and have them properly tagged for removal by trash hauler. Page 6_

SPECIFICATIONS - continued

E. Yard Waste - shall include leaves, grass, weeds, branches, bushes, flowers, fruits, and any vegetable matter commonly associated with residential property maintenance. Christmas trees are included in the definition of yard waste.

F. Waste- shall include Garbage, Rubbish, Recyclables, Bulk Items, and Yard Waste.

G. Senior Resident - shall mean any resident sixty-five years or older.

H. Physically Impaired Resident- shall mean any resident, regardless of age, having a

condition that substantially limits his/her mobility.

I. Non Senior/Impaired Resident- Shall mean a resident who is both not a senior resident and who is not a physically impaired resident.

III. OPERATION OF GARBAGE, RUBBISH, YARD WASTE, BULK ITEMS, AND

RECYCLABLES PICKUP PROGRAM A. Garbage, Rubbish, Bulk Items and Yard Waste Pickup

1. Frequency of pickup for each residential customer will be one (1) day per week on a regular schedule; provided however the hauler cannot be on the Village streets more than two (2) days per week (Sunday through Saturday).

2. Contractor shall provide curbside pick-up for non-senior/impaired residents. Senior residents may be required to provide proof of age through photo identification upon Contractor’s request.

3. Not before 6:00 AM, nor after 6:00 PM 4. Unlimited number of containers. 5. Contractor to pickup bulk items set at curbside.

6. Branches must be either container packaged in a bag or other disposable container or tied in bundles. In either event the branches shall be cut to length not greater than 36 “.

7. No pickups will be made on the normal holidays observed by the waste hauler awarded the service contract. Upon the award of the contract in 2011 and on or before January 1st of each year thereafter, the hauler must notify the Village of the observed holidays for that year.

8. Containers – Approved containers can be plastic bags, metal cans, or plastic cans, all weighing less than fifty (50) pounds each when full. No fifty-five (55) gallon drums may be used.

9. Contractor – All waste must be transported to a licensed facility. See Section IX below. Page 7__

SPECIFICATIONS – continued B. Recyclables Pickup 1. One day per week - regular schedule, same day as garbage pickup. 2. Curbside or backyard as indicated in A.2. above.

3. System- All recyclables must be separated and separately containerized by the individual customers from garbage, rubbish, bulk items and yard waste; provided however, the different types of recyclable items may be comingled by the customer in one or more containers to be separated by Contractor’s collection crew at the curbside or separated later at a transfer station or material recovery facility. The individual customers will be responsible for separating the recyclable containers from the other items when placing the items at the curb such that it is apparent to the collection crew what items are recyclables.

4. Customers may use blue or clear bags especially designed to distinguish recyclables from garbage, rubbish, trash, yard waste and bulk items. In addition, customers may use special hard plastic containers especially designed to distinguish recyclables from garbage, rubbish, trash, yard waste and bulk items. These containers will be the following size: eighteen (18) gallon. If requested by the Customer, Contractor shall provide one of said containers per customer.

5. System and procedure shall be designed to encourage citizen participation and maximize the volume of recyclables removed from

the waste stream. 6. Proof of recycling must be provided to the Mayor.

IV. CONTACT WITH VILLAGE OFFICE The Contractor, at his own expense, shall designate and provide a customer service representative and phone number that is available each day between the hours of 8:00 AM and 4:30 PM, and be prepared to receive any orders and complaints which may be necessary to expand the services and/or improve them as necessary. V. PREPARATION OF RUBBISH AND GARBAGE AND RECYCLABLES All rubbish, garbage and recyclables shall have drained from it, as far as practicable, all free liquid before being placed into the containers for collection and garbage as such shall be wrapped. The separation of combustible and non-combustible rubbish and garbage will not be required.

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SPECIFICATIONS – continued VI. EQUIPMENT Each bidder shall submit with the bid proposal in their answer to question #4 of page 23 herein, specifications of all equipment to be used in the performance of the proposed contract. Equipment to be used for hauling shall be of late model and in such condition that the schedule of collections as prepared for the office of the Mayor can be maintained. Breakdowns or faulty equipment will not be sufficient reason for deviating from this schedule. The Contractor shall use the equipment identified in his or its proposal or equipment equal in type, specifications, and age, the usual wear and tear expected, at all times during the performance of the contract and shall promptly acquire and use such additional equipment that performance of the contract shall from time to time require. Equipment must be available for inspection during the life of the contract. The Mayor shall have the right to approve or reject any specific piece of equipment for use in Killbuck at any time during the contract period. VII. COLLECTION METHODS It shall be the responsibility of the Contractor to make collections of all materials in a clean and orderly manner so that: (1) garbage, rubbish, bulk items, recyclables and yard waste are not spilled and left upon private property, sidewalks or streets; and (2) after emptying, all containers are replaced to the original locations in an orderly fashion so that they present no danger or risk to anyone. VIII. SERVICE FOR VILLAGE BUILDINGS & PARKS The Contractor shall provide containers/dumpsters in the quantities and sizes indicated below for the collection of garbage, rubbish, recyclables and/or yard waste for each of the following Village owned buildings, to be picked up at a minimum of once (1) weekly, at no cost to the Village. The Village of Killbuck has the option to increase or decrease container/dumpster quantities and/or sizes during this contract. 1. Street Department - One (1) – Six (6) yd. dumpster. 2. Village Park - One (1) – Six (6) yd. dumpster.

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SPECIFICATIONS – continued

Additionally, the Contractor will provide the following services at no charge to the Village or its residents unless specified otherwise below. Any cost, including all costs related to collection and disposal, shall be the responsibility of the Contractor. :

1. Special Events. One (1) dumpster shall be provided at a location specified by the

Mayor for not more than one (1) special event per year with each special event period not to exceed (1) week.

2. Clean-up Day. Contractor shall be responsible for providing service for two clean-up days per year (Spring & Fall) when residents of the Village who are customers of the Contractor may bring garbage, rubbish, recyclables, bulk items, and yard waste to a specified location in the Village. The Contractor is responsible for hauling away the trash dumpsters at the end of the clean-up day (Same Day). All residents participating shall be required to prove residency and customer status through any means deemed reasonable by Contractor with approval of the Mayor, including but not limited to picture identification and customer bill.

IX. DISPOSAL FACILITIES

Each bidder shall provide evidence of a plan for disposal of solid waste and recyclables in answer to questions 5 and 6 on page 24 herein. Said plan shall be considered to be an integral part hereof. Contractor will be responsible for complying with applicable resolutions, rules and regulations of the Holmes County Commissioners or other lawful authority with regard to the use of the Holmes County Landfill, including but not limited to rules, if any, that require all solid waste generated in Holmes County to be disposed of therein. X. COMPLAINTS

The Mayor shall have the right to determine the validity of complaints made by residential users of garbage, rubbish, recyclables, bulk items and/or yard waste collection services as to failure of the Contractor to conform to the requirements of the agreement and specifications and his decision/s thereon shall be final and binding upon the Contractor in the assessment of penalties as hereinafter provided. XI. PENALTIES The Village may charge the Contractor one dollar and fifty cents ($1.50) in liquidated damages for each verified failure on the part of the Contractor to collect garbage, rubbish, recyclables and/or yard waste as required in these specifications. In case the Contractor shall fail to make such collections or dispositions after 24 hours notice of such complaint either by telephone or in person to the Contractor, the following non-collection penalty shall be in effect: Non-collection within the specified time will cause the Village to collect with its own trucks on an emergency and overtime basis with the personnel and equipment charges being billed back to the Contractor. Page 10 SPECIFICATIONS – continued

XII. ACCUMULATION OF GARBAGE, RUBBISH, RECYCLABLES OR YARD WASTE The Contractor shall collect, remove and dispose of all garbage, rubbish, recyclables, bulk items or yard waste, as defined in these specifications from all places in the Village of Killbuck, Ohio, which may be designated by the Mayor or his agents whenever and wherever, the same may exist or accumulate within the corporate limits of the Village. If the cause of existence or accumulation is the fault of the Contractor, the Contractor shall bear the cost of said removal. If the cause is something other than the misfeasance or nonfeasance of the Contractor, the charge for said pickup will be negotiated at the time said services become necessary. XIII. CONTROL OF CONTRACT The Contractor shall not assign the contract or sublet as a whole or in part without the consent of the Village of Killbuck. Such consent does not release the Contractor from any of his obligations and liabilities under the contract. Violation of this specification shall result in instant forfeiture. Any violation of these specifications shall be sufficient cause for the immediate cancellation of the contract by the Village of Killbuck, who may thereupon employ the necessary labor to perform the work at the expense of the offending Contractor and his sureties. XIV. BID BOND Each bid shall be accompanied by a certified check, or a cashier’s check, or a bid bond in the amount of Six Thousand Dollars ($6,000.00) made payable to the Village of Killbuck. This bid bond shall be held by the Village to ensure that the successful bidder enters into the final complete and binding contract, at which time the bid bond shall be returned to the bidder, and all other bid bonds shall thereupon be returned to the respective bidders. Should the successful bidder fail to enter into a final complete and binding contract, the bidder forfeits the bid bond as liquidated damages to cover the cost to the Village of rebidding the contract, negotiating with the next lowest and best bidder, or abandoning the bidding process, in the Village’s absolute discretion. XV. PERFORMANCE BOND After the contract has been awarded the Contractor agrees to furnish a performance bond in the sum of Fifty Thousand Dollars ($50,000.00) with good and sufficient surety to be approved by the Mayor of the Village of Killbuck, conditioned that the Contractor shall collect and dispose of all garbage, rubbish, recyclables, bulk items or yard waste, in a good, proper and lawful manner, and in compliance with the ordinances of the Village of Killbuck, Ohio, the rules of the Holmes County Commissioners and Board of Health, Ohio EPA and U.S. EPA and obligations of the contract and save the Village of Killbuck harmless from any and all damages in connection with the collecting and disposing of garbage, rubbish, recyclables and/or yard waste. On the anniversary of the contract each year of the primary term of the contract the performance bond may be reduced by one third at the option of the Contractor. Alternatively, the Contractor may furnish a performance bond in the sum of Sixteen Thousand Six Hundred Sixty-six Dollars ($16,666) on a yearly basis for each year the Contract is in effect with good and sufficient surety to be approved by the Mayor of the Village of Killbuck, under the same terms and conditions as specified in the paragraph above. Page 11 SPECIFICATIONS – continued

XVI. KILLBUCK INCOME TAX Bidders shall take into consideration the Village of Killbuck levies a tax on income and profits and the Contractor receiving the award will be subject to the provisions of Village Income Tax Ordinance as amended. XVII. WORKERS’ COMPENSATION AND SOCIAL SECURITY Workers’ Compensation and Social Security Acts, as amended, are deemed a part of the Contract. Bidders must be able to show that so far as previous and current contracts involving the collection and removal of garbage and rubbish are concerned their relations with the Bureau of Workers’ Compensation and the Federal Offices of the Social Security System are completely satisfactory in every respect. XIII. TERM OF CONTRACT The contract shall be for a period of three (3) years beginning July 1, 2011 and ending June 30, 2014; together with two (2) one (1) year options for the years 2014 and 2015 (beginning on the anniversary date in 2014) at a price and other terms to be agreed upon. XIX. INDEMNITY AND INSURANCE The Contractor shall indemnify and save harmless the Village of Killbuck and all of its executives, representatives, officers, agents, employees, successors and assigns, jointly and severally of and from all manner of losses, suits, actions, payments, costs, charges, damages, judgments or claims and demand of any character, name or description brought on account of any injuries or damages received or sustained by any person, persons or property, by reason of any act, omission, neglect, or misconduct of said Contractor, his agent or employees in the execution of this contract. In addition, the Contractor shall carry an insurance policy providing complete third party comprehensive bodily injury and property damage liability insurance covering not only the Contractor, but also the Village of Killbuck, Ohio, limits of which shall not be less than $100,000/$300,000 for bodily injury and $50,000 for property damage with the Village of Killbuck named as additional insured with the Contractor under the said policy. The Contractor shall furnish the proper certificate of insurance coverage to the Village of Killbuck. XX. EMPLOYER-EMPLOYEE PERSONNEL REQUIREMENTS Any official or employee of the Contractor using improper or vile language, being under the influence of drugs and/or alcohol while on duty, or demanding or accepting pay from citizens for services rendered, or falsifying any report he may be called upon to make, or refusing to collect and remove garbage, rubbish, recyclables, bulk items and yard waste, as herein defined, without being paid for same, except as is provided and allowed in this contract, or who is, in the opinion of the Mayor, incompetent to perform the work assigned to him by the Contractor, shall immediately be removed from said work and be disbarred from further employment in said work. The Contractor shall provide a personnel list to the Village.

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SPECIFICATIONS – continued

XXI. BILLING, COLLECTION, SUSPENSION OF SERVICE The Contractor shall provide billing and collection for each customer. The Contractor will provide each customer with a quarterly bill via the US Mail or electronically at the option of the Customer. The Contractor shall allow Customers to pay by credit card and other electronic means or by check via the US mail at the option of the Customer. The Contractor shall not at any time during the term of this contract charge Customers an additional amount based upon the method of billing or payment. The Village has no responsibility or liability for nonpayment. The Contractor shall allow any customer to suspend their service for any three month period in any twelve (12) month period. The customer will not be billed for the period of said suspension; provided the customer provides a two (2) week notice to the Contractor of when and how long the service is to be suspended. XXII. EXCLUSIVE FRANCHISE The successful Contractor for garbage, rubbish, recyclables and/or yard waste shall have exclusive franchise for the collection from residential premises. XXIII. AWARD OF CONTRACT All bids must be received in a sealed envelope in the Village Office at 138 South Main Street Killbuck, OH 44637 on or before June 9th, 2011 at 7:00 PM. It is the intention of the Village of Killbuck to award the contract no later than June 13th, 2011. The Contractor shall begin service in accordance with the specifications and contract on July 1st, 2011. XXIV. INFORMATION ABOUT THE VILLAGE OF Killbuck

839 Population (approximate)

350 Household Units minus senior citizen units (approximate) 100 Senior Citizen Households (approximate)

These figures are as of January 2011 XXV. MODIFICATION TO RATES A. Governmental Increases. Governmental increases of taxes or fees specifically related to solid waste disposal will be passed on to the customers on an actual cost basis. (i.e. federal, state, or local governmental bodies, solid waste districts, etc.) Page 13 SPECIFICATIONS – continued

B. Fuel Adjustment. This contract shall be awarded assuming a benchmark for fuel costs of Three dollars and thirty-nine cents ($4.06) per gallon. A review shall be performed on a quarterly basis. For purposes of this paragraph the quarters shall be as follows: March 1-May 31; June 1- August 31; September 1-November 30; December 1-February 28. The previous quarter’s average costs will be compared to the above referenced established benchmark price. The US Department of Energy Administrative Fuel Index Chart for the Midwest Area (http://tonto.eia.doe.gov/oog/info/gdu/gasdiesel.asp) shall be the source document for establishing the current fuel costs. If the cost increases or decreases by more than three per cent (3%) from the benchmark amount, a fuel adjustment will be made (either raised or lowered) based on the amount of the change. Any increase or decrease will be reflected in the next quarter’s billing pursuant to paragraph XXI above. The first of these reviews shall be October 1, 2011. All increases shall first be presented to the Village Mayor and approved for accuracy per the terms herein. The increase or decrease in the individual customer’s bills will be computed by dividing the increase or decreased fuel cost for the proceeding quarter by the number of active customers serviced during the preceding quarter. The bidder must provide a worksheet to demonstrate how the increase or decrease was computed as follows: See Exhibit 1 NOTE: A map showing the layout of all streets is attached to these documents as Exhibit 2.

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VILLAGE OF KILLBUCK, OHIO

BID PROPOSAL

TO BE ENCLOSED IN SEALED ENVELOPE, MARKED “GARBAGE, RUBBISH, RECYCLABLES BULK ITEMS AND YARD WASTE COLLECTION AND DISPOSAL PROPOSAL” AND ADDRESS TO:

Village of Killbuck, Ohio 138 South Street

Killbuck, Ohio 44637 Date________________________________

SUBJECT: Bid proposal for collection of residential garbage, rubbish, recyclables, bulk items and yard waste within the corporate

limits of the Village of Killbuck, Ohio, for a three (3) year period, with two (2) one (1) year options, beginning July 1, 2011.

I __________________________, We________________________________ hereby declare that the Specifications and Form of Agreement pursuant to the establishment of a contract for collecting and disposing of Garbage, Rubbish, Recyclables, Bulk Items and Yard Waste in the Village of Killbuck, Ohio, have been read and the streets, roads and layout of the area to be traversed in and throughout the Village in furnishing the services necessary in connection therewith have been examined and studied, therefore, the following unit rates are submitted as basis for this bid proposal. Page 15__

BID SHEET EXPLANATIONS CURBSIDE PICKUP

Rates to be charged to each residential unit for the collection and disposal of garbage, rubbish, recyclables, bulk items and yard waste on a weekly basis at the curbside. No building materials shall be included or collected. For these rates, the containers for weekly pickup shall be outside buildings at ground level and at curbside. Under this plan, the successful Contractor shall have exclusive franchise for the collection of residential garbage, rubbish, recyclables and/or yard waste.

CURBSIDE SERVICE MUST BE BID UPON, IN ORDER TO COMPLETE BID REQUIREMENT.

The Contractor shall quote a price and offer service to all residents consistent with the bid specifications. Additionally Contractor shall offer a discounted rate for curbside and backyard service for senior citizens.

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OFFICIAL BID SHEET (To Be Read At Bid Opening)

ALL BID LINES MUST BE COMPLETE EVEN IF FIGURE IS ZERO (0)!!!

================================================================== COST PER MONTH PER CUSTOMER 1. NON SENIOR /PHYSICALLY IMPAIRED RESIDENT RATE FOR GARBAGE, RUBBISH, YARD WASTE, RECYCLABLES & BULK ITEMS Curbside only $______________________ 2. SENIOR /PHYSICALLY IMPAIRED RESIDENT RATE FOR GARBAGE, RUBBISH, YARD WASTE, RECYCLABLES & BULK ITEMS Curbside $______________________ REMARKS, MODIFICATIONS & EXCEPTIONS TO BE LISTED BELOW: Page 17__

BID SHEET - continued A certified check ( ), a cashier’s check ( ), bid bond ( ), in the sum of Six Thousand Dollars ($6,000.00) is attached hereto. I ___________________________, We ______________________________, have examined the Specifications and Form of Agreement for this Bid Proposal and agree to abide by the provisions contained therein if the contract is awarded to me _______________________________, or us____________________________________. Respectfully submitted, Bidder_______________________________________________________________ Address______________________________________________________________ Village, State, Zip_________________________________________________________ Phone Number________________________Fax Number_______________________ Email _____________________ Signature____________________________Title______________________________ Typed Name and Title___________________________________________________ Page 18__

FORM OF AGREEMENT THIS AGREEMENT made this day of __________ 2011, by and between the VILLAGE OF KILLBUCK, OHIO hereinafter called the party of the first part, and________________________________________________________________________ of____________________________________ or___________________________ _______ Successors, executors, administrators and assigns, hereinafter called the party of the second part. WITNESSETH: That for and in consideration of payments hereinafter mentioned to be made by the party of the first part and the party of the second part agrees as follows: ARTICLE 1, SCOPE OF WORK: Party of the second part shall furnish all necessary personnel, equipment and special equipment, tools considered necessary and proper and an area of ground suitable for the disposal of garbage, rubbish, recyclables, bulk items and yard waste, to perform the services required by the aforementioned specifications in these contract documents and entitled “Contract Documents for Collection and Disposal of Garbage, Rubbish, Recyclables, Bulk Items and Yard Waste: for the VILLAGE OF KILLBUCK, OHIO. ARTICLE 2, WORK TO BE PERFORMED: Work to be performed under this contract shall begin on ____________________________________________ and consist of ________________________________________ with the frequencies and schedules specified elsewhere in these documents. ARTICLE 3, CONTRACT SUM: The party of the second part is responsible for billing and collection from village residents and shall not look to the Village for payment. ARTICLE 4, PENALTIES: Where work is incomplete, reductions may be made as covered in the attached documents. ARTICLE 5, CONTRACT DOCUMENTS: Shall consist of the following: 1. Legal Notice 2. Specifications 3. Bid Proposal 4. Form of Agreement 5. Form for Contract Bond 6. Questionnaire 7. Map of Village of Killbuck, Ohio Page 19_

Form of Agreement - continued IN WITNESS WHEREOF, the party of the first part has hereto subscribed by the Mayor and Council President and the party of the second part has/have affixed his/her/their name(s).

VILLAGE OF KILLBUCK, OHIO WITNESS: ____________________________ BY: _______________________________ Mayor ____________________________ BY: _______________________________ Council President CERTIFICATION OF FUNDS: We hereby certify that the funds to make the within payments are available, or in the process of collection, and that said funds are not and cannot be used for any other purpose. Date: ________________________ BY: _______________________________ Fiscal Officer Approved as to form and legal sufficiency. Date: ________________________ BY: _______________________________ Solicitor

SUCCESSFUL CONTRACTOR

NAME ________________________ WITNESS: ____________________________ BY: _______________________________ ____________________________ BY: _______________________________ Page 20__

BOND FOR FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENT, That we _____________________________ __________________________________________________________________________ __________________________________________________________________________ as principal, and _____________________________________________________________ ___________________________________________________________________________ a surety corporation organized and existing under the Laws of the State of __________, as surety, are held and firmly bound into the VILLAGE OF KILLBUCK, OHIO, a Municipal Corporation, of the County of Holmes and State of Ohio, in the sum of Fifty Thousand Dollars ($50,000.00), lawful money of the United States of America, to be paid to the VILLAGE OF KILLBUCK, OHIO, its successors and assigns for the payment of which will and truly to be made, we hereby bind ourselves, and each of us, our successors, heirs, executors, administrators and assigns, jointly and severally, firmly by these Present. SEALED with our seals and dated this __________ day of ____________, 2011. WHEREAS, the above bonded, ____________________________________________ ___________________________________________________________________________ principal, have entered into or are about to enter into, a Contract with the VILLAGE OF KILLBUCK, OHIO, to collect, remove and dispose of Garbage, Rubbish, Recyclables, Bulk Items and Yard Waste, weekly, as specified in the Agreement from the residences and premises in said VILLAGE OF KILLBUCK, OHIO, for a period of three (3) years, to begin July 1, 2011 with two (2) one (1) year options as set forth in the Specifications. NOW, THEREFORE, the condition of the above written Bond and obligation is such that if the above bonded ___________________________________________________________ ____________________________________________________________________________ principal, with the VILLAGE OF KILLBUCK, OHIO, in the foregoing Contract named, shall well and faithfully perform the services contemplated in the Agreement referred to, and shall well and faithfully perform and comply with all the conditions and agreements in the said Contract on their part in every particular, and shall perform said services in accordance with the specifications which govern said Contract and the terms of all Ordinances of the VILLAGE OF KILLBUCK, OHIO, relating thereto and shall comply with the requirements of the Ohio and U.S. EPA, in such case made and provided, then the above written Bond or Obligation shall be void and of no effort, but otherwise shall be and remain in full force and effort. Page 21__

Bond - continued IN WITNESS WHEREOF, the above named Obligators have caused this Obligation to be signed by them respectively, under their proper signatures and seals, this _______ day of _________________, 2011. __________________________ (SEAL) ____________________________ (SEAL) __________________________ (SEAL) ____________________________ (SEAL) __________________________ (SEAL) ____________________________ (SEAL) PRINCIPAL SURETY ATTEST: _________________________________________________________ Page 22__

QUESTIONNAIRE EXPERIENCE AND EQUIPMENT

The signatory of this proposal guarantees the truth and accuracy of all statements and of all answer to interrogatories hereinafter made. 1. How many years have you been in business as a Contractor under your present name? _____________________________________________________________________ 2. How many years have you been a principal officer of a contracting firm under another name? ___________ years ____________________________________Firm ___________ years ____________________________________Firm 3. Explain your plan of layout for performing this proposed work. ________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

4. What equipment do you own, or plan to acquire, that is available for the proposed work? State quantity, make, model, and year and capacity. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________________

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Questionnaire, Experience & Equipment - continued 5. What specific facility will you use to dispose of the solid waste? Do you have a stable

long term relationship with this facility? Are you familiar with the rules of the Holmes County Commissioners requiring the use of the Holmes County Landfill? Explain. ____________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

6. What specific facility will you use to dispose of the recyclables? Do you have a stable long term relationship with this facility? Explain. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7. List other municipalities presently being serviced by your firm under similar contracts.

State name of municipality, contact person and phone number, services provided, number of residential units, and population of municipality. ________ ____________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

8. List any Municipal Contract that you have lost through default or poor service. Include

the name of the community, date of the contract, date of the contract termination, and an explanation of why your services were terminated. ___________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

9. Please provide the name and phone number of the customer service representative that will be available for any complaints or questions the Village may have. ____________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________ Page ___24__

Village of Killbuck Worksheet for Fuel Adjustment Computation

(a) Number of miles traveled per route (b) Number of routes per quarter (c) Estimated mileage per gallon (d) Number of gallons used in preceding quarter (e) Price differential between benchmark amount and average fuel cost per Fuel Index Chart in preceding quarter (f) Number of active Killbuck customers during preceding quarter (g) Increase or decrease in each active customer's bill (a) X (b) ÷ (c) = (d) X ÷ = (d) X (e) ÷ (f) = (g) X ÷ = Notes: Remember the price differential must be at least 3% greater than or more than $2.76.

The route is from the place where the truck is routinely parked where the driver begins his route, to Killbuck for collection, to the landfill and /or recycling facility, and back to the place of beginning.

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