1-2027-2029 MSW Recycling Bid Package.pdf

HEIDELBERG TOWNSHIP

BERKS COUNTY, PENNSYLVANIA

2027-2029 BID PACKAGE FOR

COLLECTION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND BULK ITEMS

AND COLLECTION, PROCESSING AND MARKETING

OF RECYCLABLE MATERIALS

P.O. BOX 241

11 TULPEHOCKEN FORGE ROAD

ROBESONIA, PA 19551

KEY DATES

Bid Packages Available: October 30, 2026 via PennBID

Deadline for Submission of Questions: November 11, 2026 by 5:00 P.M.

Bids To Be Submitted By: November 16, 2026 by 10:00 A.M.

Bids To Be Opened via PennBID: November 16, 2026 at 10:30 A.M.

Township to Award/Reject Bids: November 18, 2026 at 7:00 P.M.

Contract Commencement Date: April 1, 2027

Specifications for the collection and disposal of Municipal Solid Waste on a weekly basis, collection and disposal of bulk items on a quarterly basis, and collection, processing and marketing of Recyclable Materials on an every other week basis from (a) single family dwellings

(this term includes farm dwellings and multi-family dwellings which have no dumpster provided), (b) small commercial units without a dumpster and (c) small dumpsters at the

Heidelberg Township Municipal Building and Conrad Weiser Pool as defined herein within the corporate limits of the Heidelberg Township, Berks County, Pennsylvania, for the term of three

(3) years beginning April 1, 2027, and ending December 31, 2029, with an option on the part of the Township to extend the contract for two (2) additional two (2) year periods.

The Township intends to bid this contract with three (3) options:

1. A single contract for the collection, disposal, processing and marketing of Municipal Solid

Waste (“Municipal Solid Waste”), Bulk Items and Recyclable Materials (“Recyclable

Materials”) .

2. An option for a contract for the collection and disposal of Municipal Solid Waste and Bulk

Items only.

3. An option for a contract for the collection, processing and marketing of Recyclable

Materials only.

This contract(s) will be awarded in accordance with the following documents:

1. Legal Notice.

2. General Stipulations and Information for Bidders.

3. Municipal Solid Waste Specifications.

4. Recyclable Materials Specifications.

5. Insurance Requirements and Indemnity Provisions.

6. Questionnaire including Financial Statement

7. Specifications / General Stipulation Company Information

7. Form of Proposal Bond.

8. Form of Proposal.

9. Form of Contract.

10. Non-Collusion Affidavit with Instructions.

11. Bidders Affidavit.

12. Public Works Verification Form

13. Workman’s Compensation Affidavit

14. CDL Certification

15. Form of Performance Bond.

Before bidding, all bidders are requested to carefully read and thoroughly familiarize themselves with the above documents.

NOTICE TO BIDDERS

FOR

BY HEIDELBERG TOWNSHIP

Bid proposals will be received by the Heidelberg Township Board of Supervisors until 10 am, prevailing time, Monday, November 16, 2026 via PennBID (www.pennbid.bonfirehub.com) only for the following scope of work:

Qualified contractors to collect and dispose of municipal solid waste on a weekly basis, collect, process and market recyclable materials on an every other week basis, and collect and dispose of bulk items quarterly from approximately 610 units. Bid options include combined collection, disposal, processing and marketing of municipal solid waste, bulk items and recycling, municipal solid waste and bulk item collection and disposal only and recycling collection, processing and marketing only. The contract shall commence on April 1, 2027 and end on December 31, 2029 with options on the part of the Township to extend the contract for two (2) additional two (2) year periods.

Proposals will be opened via PennBID on Monday November 16, 2026, at 10:30 a.m. The bids will be read aloud and contract will be awarded or rejected during the Heidelberg Township Board of Supervisors meeting held on Wednesday, November 18, 2026 at 7:00 p.m. at the Heidelberg Township Building, 11 Tulpehocken Forge Road, Robesonia, PA 19551.

Contract documents are available through the PennBID system and all required items shall be submitted through PennBID based upon contract documents. All questions shall be submitted through the PennBID system only by Wednesday, November 11, 2026 at 6 PM.

The following items shall be submitted with the Bid through the PennBID system:

- A certified check or bank draft, payable to Heidelberg Township or a satisfactory bid bond executed by the bidder and acceptable sureties in an amount equal to ten percent

(10%) of the bid shall be submitted with the bid.

- Completed & Executed bid proposal form, anti-collusion affidavit, bidder’s affidavit, workman’s compensation affidavit, CDL Compliance Certification, Public Works

Verification Form

- Completed Bidder Specifications and General Stipulations Form providing information required by Section 1.6 of the Bid Documents

- Completed Questionnaire including prior year financial statement per Section 1.5

- Certifications from waste disposal facility and/or recycling center (as applicable) of capacity for specified materials through contract terms

- Proof of insurance with specified limits or acknowledgment that required levels of insurance can be obtained, http://www.pennbid.bonfirehub.com/

The successful bidder shall be required to provide a performance bond initially in the amount of 100% of the total contract price for the initial term, subject to reduction as provided in the Bid Documents, within ten (10) days of Notice of Award.

Heidelberg Township reserves the right to reject any or all bids submitted or any part thereof or item therein that may not be in the public’s best interest. The Township also reserves the right to waive any defects, errors, omissions, irregularities or informalities in bids received.

COLLECTION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND BULK ITEMS,

GENERAL STIPULATIONS AND INFORMATION FOR BIDDERS

1.1 Receipt of Bids

Sealed bids or proposals for collection and disposal of Municipal Solid Waste on a weekly basis, collection, processing and marketing of Recyclable Materials on an every other week basis, and quarterly collection and disposal of Bulk Items for (a) single family dwellings (this term includes farm dwellings and multi-family dwellings which have no dumpster provided), (b) small commercial units without a dumpster and (c) small dumpsters at the Heidelberg Township Municipal Building and Conrad Weiser Pool, for a period of three (3) years beginning on April 1, 2027 and ending on December 31, 2029, with an option on the part of the Township to extend the contract for two (2) additional two (2) year periods beginning January 1, 2030 and ending on December 31, 2031 and beginning January 1, 2032 and ending December 31, 2033 (the “Bids”) shall be submitted via the PennBID system in accordance with the Specifications and Bidding Documents attached hereto and will be received until 10:00 a.m., prevailing time, on Monday, November 16, 2026, and opened via PennBid on Monday, November 16, 2026 at 10:30 a.m. All Bids will be publicly read on Wednesday, November 18, 2026 at the Township’s regular meeting to be held at 7:00 p.m. at the Township Building, at which time the Board of Supervisors will take action relative to the award of the contract (“the “Contract”).

1.2 Printed Form of Bids

All Bids must be made upon the Forms and submittal requirements of the PennBID system. All documents shall be written in ink or typed. Where specified, all documents must be signed by the Bidder with its full name and address, and where a partnership, the name and address of each partner in full; if a corporation, the address, state where chartered and the names, titles and addresses of the President, Secretary and Treasurer. In submitting Bids, the Form of Proposal must not be removed from the Bidding Documents. The Form of Proposal must be returned intact as received, including proper signatures and seals.

1.3 Certified Check, Treasurers Check or Bid Bond

Bid surety in the amount of ten percent (10%) of the total bid shall accompany each bid. A certified check or Bid Bond will be accepted.

The above mentioned check or Proposal Bond shall be forfeited to the Township in the event of the Bidder awarded the Contract (the “Successful Bidder”) neglects or refuses to enter into a Contract for the furnishing of collection and disposal of Municipal Solid Waste on a weekly basis, collection, processing and marketing of Recyclable Materials on a on an every other week basis, and quarterly collection and disposal of Bulk Items as outlined in these bid documents, not as penalty but as just and liquidated damages for delays or additional costs or expenses incurred by the Township owing to the Bidder’s failure to accept the award and execute the Contract and give bond as required.

1.4 Certified Checks, Treasurer's Checks or Proposal Bonds Returned

The certified checks, cashier’s checks, or Proposal Bonds of the unsuccessful Bidders will be returned after the Contract is awarded to the Successful Bidder. The check or Bid Bond of the Successful Bidder will be returned to Successful Bidder after the execution of the Contract and delivery of the required Performance Bond (as hereinafter defined) and insurance certificates evidencing coverage as required herein. The Township shall not be liable for any interest thereon.

1.5 Financial Statement

Each Bid must be accompanied by a full and complete statement under notarized oath of the financial condition of the Bidder. In addition, the Bidder shall furnish a complete financial report of Bidder’s prior year’s operation including all information pertinent to actual collection, disposal and billing operation setting forth all costs, wage rates and other information necessary to determine the financial responsibility of the Bidder. In the event the prior year’s financial statements are not available due to the timing of the Bid date, the Bidder shall furnish the financial statements for the year prior to the prior year.

1.6 Plans and Specifications

With each Bid the Bidder must furnish a set of Specifications and General Stipulations setting forth the equipment, size of work crew, times of collection, routing and methods proposed by the Bidder for collecting, receiving, transporting, conveying, handling, and disposing of Municipal Solid Waste and collection, processing and marketing of Recyclable Materials and the collection and disposal of bulk items. In particular, the methods, apparatus, and equipment for the elimination and control of nuisances that may arise during the process of collection, treating or disposal of the material shall also be shown, specified and described in sufficient detail to enable the Township to judge their adequacy and sufficiency. It is an essential requirement of this Contract that neither objectionable odors, noxious gases nor putrescent liquid shall escape during or after the process of collection, conveyance, treatment or disposal of the Municipal Solid Waste, Recyclable Materials and Bulk Items. In addition, the Bidder shall submit a sworn statement stating that the Bidder will abide by all ordinances, rules and regulations of any municipality providing or making available landfill disposal facilities and of any other governmental unit having jurisdiction thereof.

1.7 Examination of the Township

Bidders shall and are hereby directed to inspect the Township thoroughly to investigate all circumstances affecting the cost and nature of the work and shall assume all risks in connection therewith.

1.8 Examination of Bidding Document

Bidders are required to carefully examine the Bidding Documents for the proposed work and circumstances affecting the cost of the work and the manner of performance.

1.9 Conditions of Work

The Township does not make any representations in connection with the work. Bidders must become fully aware of the conditions relating to the work. Failure to do so will not relieve the Successful Bidder of its obligation to furnish and perform the work, or to carry out the provisions set forth in the Specifications and General Stipulations and Information for Bidders.

1.10 Independent Contractor

The Successful Bidder shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the Township. The Successful Bidder shall have exclusive right to control the details of the services and work performed hereunder and all persons performing the same, and nothing herein shall be construed as creating a partnership or joint venture between the Township and the Successful Bidder. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant, or employee of the Township, and no such person shall be entitled to any benefits available or granted to employees of the Township.

1.11 Sales and Use Tax Act

Bidders shall make their own independent analysis of Pennsylvania Sales and Use Taxes and the applicability or non-applicability thereof to the materials, supplies, and services to be provided and performed under and as a part of the Contract work. All taxes are to be included in the prices bid and neither the Township nor its residents will make any separate payment of taxes.

1.12 Basis of Award

The Township will award the Contract to a qualified and responsible Bidder on the basis of the lowest total cost of the Contract that the Township chooses over the Contract period. The Bid for the Contract term shall be on a per Unit basis to include the cost of weekly collection and disposal of Municipal Solid Waste along with a quarterly collection and disposal of Bulk Items and every other week collection, processing and marketing of Recyclable Materials.

1.13 Questionnaire

The attached questionnaire must be fully and completely answered. However, to the extent that the information called for in paragraphs 1.5 and 1.6 above is detailed and set forth in the Questionnaire, it need not be otherwise duplicated.1

1.14 Approval of Disposal and Recycling Processing Facilities

The location of the disposal and recycling processing facilities which the Bidder proposes to use in the disposal of Municipal Solid Waste and for processing of Recyclable Materials must meet the approval of the Township. Each Bid must be accompanied by a letter from a permitted disposal and/or processing facility certifying that the facility is permitted to accept and dispose of Municipal Solid Waste and/or Recyclable Materials and that the facility has the capability to accept and properly dispose and/or process all of the Municipal Solid Waste, Bulk Items and Recyclable Materials from the Township for the full term of the Contract.

1.15 Execution of Contract

The Successful Bidder will be required to execute a Contract within ten (10) days of the receipt of notification of the award. In case of failure or refusal on the part of the Successful Bidder to enter into a Contract within this period, the amount of the certified check, cashier's check, or Bid Bond will be forfeited and paid to the Township.

1.16 Performance Bond

The Successful Bidder, within ten (10) days of receipt of notification of the award shall deliver a Performance Bond with suitable, reasonable requirements, guaranteeing performance of the Contract to be made with surety in the amount of one hundred percent (100%) of the total Bid price for the initial term of the Contract (April 1, 2027 through December 31, 2029). The Performance Bond shall be posted with an approved surety company authorized to do business in the Commonwealth of Pennsylvania. The Performance Bond shall further be conditioned that the Successful Bidder comply in all respects with the terms and conditions of the Contract, and the Successful Bidder’s obligation thereunder, including the Specifications, and, subject to the renewal requirements of this Section, any renewals thereof, and shall indemnify and save harmless the Township against or from all cost, expense, damage, injury or loss to which the Township may be subjected by reason of any wrongdoing, misconduct, want of care or skill, negligence or default under the part of the Successful Bidder, its agents or employees in or about the execution or performance of the Contract, including the Specifications, and shall save and keep harmless the Township against and from all claims or losses to it from any cause whatsoever, including but not limited to patent infringements, in the matter of completing said Contract.

Further, the Performance Bond shall entitle the Township in the event of a default under the terms of the Performance Bond, to collect all or such part of the proceeds of the Performance Bond as necessary to provide the services as herein set forth, although the Township does not itself pay the cost of services.

The Performance Bond is to be approved by the Township and its Solicitor.

Reduction. After December 31, 2027, and again after December 31, 2028, upon written request of the Successful Bidder, and provided that the Successful Bidder is not then in default, the Township shall consent to a reduction of the Performance Bond to an amount equal to the total Bid price for the Contract Years then remaining in the initial term. No reduction shall be effective until the surety delivers a rider in form acceptable to the Township and its Solicitor. In no event shall the Performance Bond be reduced below the minimum amount required by Section 3102 of the Second Class Township Code.

Renewal Terms. As a condition precedent to each renewal term under Section 1.25, the Successful Bidder shall deliver to the Township, on or before December 1 preceding the renewal term, a new Performance Bond or a rider executed by the surety expressly extending the Performance Bond to the renewal term, in an amount equal to the Monthly Unit Fee for the renewal term, multiplied by the number of Units stated in the Township’s notice of extension, multiplied by twenty-four (24) months. After December 31 of the first year of a renewal term, the Performance Bond may be reduced, on the conditions stated above, to the amount attributable to the remaining year of that renewal term. If the Successful Bidder fails to timely deliver the required Performance Bond or rider, the Township may, by written notice, withdraw its notice of extension, and the Contract shall expire at the end of the then-current term. The Performance Bond then in effect shall remain in force for all obligations arising through the end of that term.

1.17 Assignment of Contract

The Successful Bidder shall give its personal attention constantly to the faithful performance of the work, shall keep said work under its own control, and shall not transfer or assign by power of attorney or otherwise, nor subcontract the work or any part thereof without the previous written consent of the Township. In such case, the Successful Bidder shall state to the Township in writing, the name and address of such assignee or sub-contractor that it intends employing, the portion of the work the subcontractor is to do or the material which it is to furnish, its place of business and such other information as the Township may require, in order for the Township to know whether such sub-contractor is reputable and reliable and able to perform the work as called for in the Specifications.

The Successful Bidder shall not, either legally or equitably, assign any of the monies payable under the Contract unless by and with the consent of the Township. The Successful Bidder shall not be released from any of its liabilities or obligations under this Contract should any sub-contractor fail to perform in a satisfactory manner the work undertaken by it.

1.18 Reservations and Annulments

The Township will determine the Successful Bidder upon the basis of the Bids submitted, and reserves the right to reject any or all Bids, and may re-advertise if the best interests of the Township is to be hereby promoted. The Township may waive technical defects, if, in its judgment, the best interests of the Township shall so require; also, the right to annul any Contract if, in its opinion, there shall be failure at any time to perform faithfully any of its stipulations, or in case of a willful attempt to impose upon the Township any materials or workmanship inferior to those required by the Contract. Any action taken in pursuance of this latter stipulation shall not affect or impair any right or claim of the Township to claim damages for the breach of any of the covenants of the Contract by the Successful Bidder.

No Bid may be considered from any person, firm or corporation, who has defaulted in the performance of any Contract or agreement previously made with the Township or conclusively shown to have failed to perform satisfactorily such Contract or agreement or has defaulted in the performance of any contract with another municipality.

1.19 Payment

The Contract fee charged by the Successful Bidder for the services outlined in these Specifications shall be no more than the Bid price. This fee shall be bid inclusive of all costs.

The Successful Bidder shall invoice the Township monthly and request compensation for work completed within the billing period. A summary of all Recyclable Materials and/or Municipal Solid Waste collected during this billing period and a copy of all weight slips must be attached.

If the Township fails to make any payments due to the Successful Bidder for services and expenses within forty-five (45) days after receipt of each properly documented and authorized invoice, the amounts due to the Successful Bidder will increase at the rate of 1% per month from said 45th day.

There shall be no adjustment of the Contract price or payments because of any increase or decrease in tonnage of Recyclable Materials or Municipal Solid Waste collected, labor costs or operating and maintenance expenses. Payment shall not be made unless all required documentation is submitted.

Any payment due to the Township from the Contractor including, but not limited to, penalties and other costs incurred by the Township for clean-up, repairs, or collection of Municipal Waste and/or Recyclable Materials due to the Successful Bidder’s failure to perform such work shall be deducted by the Township prior to authorization of each monthly payment.

1.20 Bids May be Rejected as Informal

Bids, which contain erasures, alterations, conditional bids, omissions, or irregularities of any kind may be rejected by the Township at its option as not complying with the Bidding Documents.

1.21 Time of Commencement and Expiration of Contract

The Successful Bidder shall begin work on April 1, 2027, and work under this Contract will expire on December 31, 2029 or upon the expiration of any two (2) year renewal term.

1.22 Responsibility as to Number of Dwelling Units and Small Commercial Units

It is stipulated that the Bid shall be for a monthly rate per unit, inclusive of Dwelling Units and Small Commercial Units. A “Dwelling Unit” is one (1) or more rooms in a residence or dwelling which room or rooms have fixed cooking facilities arranged for occupancy by one (1), two (2) or more persons living together, or one (1) family. This definition includes a farm dwelling and individual units within multiple family dwellings not using a dumpster. A “Small Commercial Unit” is a commercial unit that employs five (5) or fewer employees. All Bidders are advised and cautioned that the Township makes no warranty as to the number of Dwelling Units or Small Commercial Units within the Township now or at any time in the future.

As the Bid under this Proposal is for a monthly rate per Unit, nothing herein is to be construed as a warranty as to the number of Dwelling Units and Small Commercial Units or the gross amount which may be received at any time by the Successful Bidder. Currently, the Township has an estimated 605 Dwelling Units and 5 Small Commercial Units, for an estimated total of 610 Units to be served under this Contract. Such numbers are estimates and subject to change as Dwelling or Small Commercial Units increase / decrease or a change in properties that utilize a dumpster.

The Township shall provide the Successful Bidders with the complete list of all properties to receive service under this contract prior to the start of the service period. As the Township becomes aware of any change in properties needing / not needing service, they will provide this information to the Successful Bidder. If the Successful Bidder finds discrepancies in the list, they shall report them to the Township for a determination of service status.

There shall be no additional charge for collection, disposal, processing and marketing of Municipal Solid Waste and/or recycling from the two (2) Municipal Properties detailed herein.

1.23 Changes Prior to the Opening of Bids

During the period allowed for preparation of Bids, the Bidders may be furnished addenda or bulletins for additions to or alterations of the Specifications, which shall be included in the work covered by the Proposal and become a part of the Contract Documents. If any prospective Bidder is in doubt as to the true meaning of any part of the Specifications or other Contract Documents, the Bidder may submit to the Township via PennBID a written request for an interpretation thereof prior to the November 11, 2026, 5 PM deadline for receipt of questions. All questions will be answered such that the responses are public facing in PennBID and any need for an addendum or other change will be made via PennBID and a Public Notice on PennBID issued. The Township will not be responsible for any other explanations or interpretations of the specifications or other Contract Documents.

1.24 Withdrawal of Bids

A Bid, after having been submitted, may be withdrawn by the Bidder prior to the time set for the submission of Bids solely via the PennBID platform. No withdrawal of any Bid will be allowed after said time even though Bids may not as yet have been opened.

1.25 Contract Extension Clause; Renewal Price Adjustment

a. The Township shall have the option to extend the Contract for two (2) additional two

(2) year renewal terms. The first renewal term runs from January 1, 2030 through

December 31, 2031, and the second from January 1, 2032 through December 31, 2033.

The Township may exercise each option by written notice to the Successful Bidder on or before October 1 of the final year of the then-current term. Except for the

Monthly Unit Fee and the Performance Bond, which shall be governed by Section

1.16, all terms and conditions of the Contract shall remain the same during any renewal term.

b. The Monthly Unit Fee for each renewal term shall be fixed at the start of that renewal term and shall remain unchanged for its entire two (2) year duration, as follows:

1. For the first renewal term, the Monthly Unit Fee shall be the Year 3 Monthly Unit

Fee multiplied by one (1) plus the CPI Percentage Change from August 2028 to

August 2029.

2. For the second renewal term, the Monthly Unit Fee shall be the first renewal term

Monthly Unit Fee multiplied by one (1) plus the CPI Percentage Change from

August 2029 to August 2031.

Each adjusted Monthly Unit Fee shall be rounded to the nearest whole cent.

c. “CPI” means the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City

Average, All Items, not seasonally adjusted (1982–84 = 100), as published by the

United States Department of Labor, Bureau of Labor Statistics. “CPI Percentage

Change” means the percentage change in the CPI between the months specified in subsection (b).

d. In no event shall the CPI Percentage Change applied under subsection (b)(1) or (b)(2) be less than zero percent (0%) or greater than three percent (3%).

e. The Township shall calculate the Monthly Unit Fee for each renewal term and provide it to the Successful Bidder in writing with its notice of extension.

f. If the CPI is discontinued or revised, the Township shall use the successor or comparable index designated by the Bureau of Labor Statistics, with any conversion factor the Bureau publishes, to produce substantially the same result as if the CPI had not been discontinued or revised.

1.26 Labor Strike

The Township shall not hold the Successful Bidder responsible for failure to collect Municipal Solid Waste and/or recyclables due to striking personnel at a disposal and/or processing facility, landfill, transfer station or recycling center over which the Successful Bidder has no control. The Successful Bidder shall, however, immediately secure alternative facilities to dispose of Municipal Solid Waste and process and market Recyclable Materials. The Successful Bidder shall be responsible for its striking personnel and shall take any and all measures necessary to fully perform the Contract during any strike or other labor problem.

1.27 Records

The Successful Bidder shall provide to the Township, on a quarterly basis, written documentation setting forth the total number of tons of material recycled, and the total number of tons of

Municipal Solid Waste collected and disposed of from the Township. On behalf of the Township, the Successful Bidder shall also provide the total number of Dwelling Units and Small Commercial Units serviced in the Township.

1.28 Public Notice

It shall be the responsibility of the Successful Bidder to notify the Township of any change in collection routes, pick-up times, or other similar changes not less than five (5) calendar days preceding any change. Township shall provide notice to affected residents and businesses.

It shall be the responsibility of the Successful Bidder to provide the Township a list of all planned Holiday closures and impacts to the regular collection schedule by March 15, 2027 and subsequently by December 15, 2027 and each December thereafter. Township to provide notice to affected residents and businesses and Successful Bidder shall also provide said information on their website / other communication channels.

It shall be the responsibility of the Successful Bidder to immediately provide the Township with notice of any impacts to the regular collection schedule due to weather, equipment issues or other unexpected issues. Township shall provide notice to affected residents and businesses.

Notice to the Township by the Successful Bidder shall be via phone and email to the Township Office or other means approved by the Township.

1.29 Headings

Headings or title preceding the text of paragraphs or subparagraphs are inserted solely for the ease of reference and shall not constitute a part of the Bidding Documents, nor shall they affect their meaning, construction or effect.

SPECIFICATIONS

For the Collection and Disposal of Municipal Solid Waste and Bulk Items for a period of three (3) years from April 1, 2027 and ending December 31, 2029

2.1 Scope of Work

The work to be done under this Contract consists of collection by use of closed unit packer type vehicles and disposal in the manner herein described of all Municipal Solid Waste and Bulk Items including all garbage, rubbish, ashes and other refuse from all residential Dwelling Units and Small Commercial Units without a dumpster within the boundaries of Heidelberg Township, Berks County, Pennsylvania and to municipal properties as detailed herein. Collection of Municipal Solid Waste from large commercial units, industrial units, institutional uses, farm dwellings utilizing a dumpster, and multi-family dwellings utilizing a dumpster, are not included in this Contract.

2.2 Definitions

a. The term MUNICIPAL SOLID WASTE shall include, garbage, refuse, industrial lunchroom or office waste and other materials, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definition of residual or hazardous waste under this section from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant or air pollution control facility.

b. The term COMMERCIAL is an establishment engaged in non-manufacturing or non-processing business, included, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.

c. The term DWELLING UNIT when it occurs in these Specifications means one (1) or more rooms in a dwelling which room or rooms has fixed cooking facilities arranged for occupancy by one (1) person, two (2) or more persons living together, or one (1) family. This definition includes a farm dwelling and individual units within multiple family dwellings not using a dumpster.

d. The term BULK ITEM means items such as appliances, furniture, and other similar items, excluding (a) Municipal Solid Waste collected under the regular service; (b) household hazardous waste; (c) tires; (d) bulbs; (e) electronic waste including televisions; (f) freon containing appliances and

(g) construction and demolition waste.

e. The term SMALL COMMERCIAL UNIT shall mean any non-residential establishment located within the Township, including but not limited to retail stores, professional offices, personal service establishments, having under five (5) employees, which (a) generates Municipal Waste and Recyclable Materials of a type and character substantially similar to that generated by a Residential Unit; and (b) does not require or utilize a dumpster, roll-off, compactor, or other bulk container.

f. The term RECYCLING shall mean the collection, separation, recovery and sale or reuse of metals, glass, paper, plastic and other materials which would otherwise be disposed of or processed as municipal waste.

2.3 Provisions for Place of Disposal

The Successful Bidder will agree to dispose of all Municipal Solid Waste and Bulk Items collected within the Township at one (1) or more permitted disposal facilities. The Successful Bidder must furnish a letter from a solid waste disposal facility(s) certifying the facility’s capability to accept all of the Solid Waste & Bulk Materials over the full term of the Contract.

Due to potential liability for improper disposal and other important concerns, disposal at a permitted disposal facility is an essential term of these Specifications. Failure to so dispose of all Municipal Solid Waste and Bulk Items collected shall be a material breach of the Contract unless the Successful Bidder has previously obtained a written waiver for good cause, from the Township. In the event of such breach the Township may, at its option, (a) terminate the Contract under Section 2.20 and/or (b) impose damages, not as a penalty, but as liquidated damages for the unquantifiable risk of increased disposal liability of One Thousand Dollars ($1,000.00) for each ton of Municipal Solid Waste and Bulk Items collected, but not delivered to the designated location. The liquidated damages may be collected under the Performance Bond for which Section 1.16 provides.

2.4 Methods of Collection

With respect to Dwelling Units and Small Commercial Units without a dumpster, all Municipal Solid Waste shall be collected in watertight, covered plastic or metallic cans or durable and watertight plastic bags that can be easily and quickly handled by one (1) person, shall be removed without spilling, loaded in the truck and delivered to the disposal facilities.

Trucks for the removal of Municipal Solid Waste shall be of metal, securely covered, watertight, strongly built, kept thoroughly cleansed and well painted and must have the name of the Successful Bidder and telephone number painted on each side of the same, in letters of a size to be read and always legible as well as placards indicating the truck is hauling Municipal Solid Waste and is licensed by the Department of Environmental Protection. Open trucks or trucks covered with tarps will not be acceptable for this Contract work.

2.5 Time When Collections Shall be Made

a. All collections of Municipal Solid Waste from participating Dwelling Units and Small Commercial Units without a dumpster shall be made once per week. The day of the week shall be mutually agreeable to the Township and the Successful Bidder.

b. If a holiday which is observed by the Successful Bidder falls on a regular collection day, the customers normally provided Municipal Solid Waste and Recyclables Materials collection on the particular day shall be provided said service on the day following the holiday.

c. Any changes to the regular schedule shall be made consistent with Section

1.28 Public Notice.

2.6 Hours When Collections Shall be Made

All collections of Municipal Solid Waste and Bulk Items shall be made between the hours of 6:30 A.M. and 6:00 P.M., prevailing time; provided, however, that this shall not prevent the collection of Municipal Solid Waste on an emergency basis. The extension of the emergency hours shall at all times be subject to approval of the Township.

2.7 Containers to be Provided by Residents or Tenants

All parties or persons participating in the Municipal Solid Waste collection and disposal service within the Township are required by the Township to provide containers of durable, watertight, rust-resistant materials having a close fitting lid and handles to facilitate collection and of a capacity of not more than thirty-five (35) gallons and shall be of such size as can be handled easily by one (1) person; or durable and watertight plastic bags. All Municipal Solid Waste containers or plastic bags shall be securely covered or tied, as the case may be.

Municipal Solid Waste containers and all materials for all Dwelling Units and Small Commercial Units shall be placed along or on the curb and where there is no curb, immediately next to the paved portion of the roadway. In case of dispute, the Township shall decide as to the location to be selected for placing containers by the owner or tenant.

The exception to this is that the Successful bidder shall provide a 4 CY dumpster to the

Heidelberg Township Building and a 6 CY dumpster to the Conrad Weiser Pool, at no cost to the Township

Alternatively, the Successful Bidder may opt to provide uniform containers to each

Dwelling Unit and Small Commercial Unit for waste disposal / collection at their own expense, for which the size may be no less than seventy (70) gallons.

2.8 Handling of Containers

All Municipal Solid Waste collectors of the Successful Bidder shall exercise reasonable care in handling Municipal Solid Waste containers and shall not willfully break, deface or injure the same. All covers shall be replaced on containers when containers are returned to the place of collection.

2.9 Penalty for Containers

All containers or containers, except plastic bags, broken or destroyed in improper or careless handling of the same by the collector of Municipal Solid Waste shall be replaced by the Successful Bidder at its own expense.

2.10 Rules Under Which Municipal Solid Waste Shall be Collected

With respect to Dwelling Units and Small Commercial Units, the Successful Bidder will be required to collect a maximum of two (2) thirty-five (35) gallon containers of Municipal Solid Waste or four (4) bags from each Dwelling Unit and Small Commercial Unit not using a dumpster at each collection time under the regular monthly price. In addition the Successful Bidder will be required to collect a maximum of one bulk item per quarter from each Dwelling Unit and Small Commercial Unit.

The Heidelberg Township Municipal Building and the Conrad Weiser Pool are limited to the dumpster sizes listed herein.

No municipal waste container, including the contents thereof, shall exceed seventy-five

(75) pounds, except for the specified dumpsters at the Municipal Building and Pool.

2.11 Investigation and Reporting of Complaints

It will be the duty of the Township to investigate all complaints made of failure on the part of the owner, tenant, or occupant of Dwelling Units, or Small Commercial Units within the Township to comply with the provisions relative to the use of the regulation receptacles, the placing of said vessels or receptacles for emptying by the Successful Bidder, etc., and to prosecute all offenders under such provisions.

2.12 Municipal Solid Waste Collected to be Property of Successful Bidder

The Successful Bidder for the collection and disposal of any Municipal Solid Waste mentioned in these specifications will become the owner of such material from the time of its collection.

2.13 Exclusive Right to Successful Bidder

The exclusive right and privilege of collecting, removing and disposing of all Municipal Solid Waste from permitted Dwelling Units and Small Commercial Units in the Township as aforesaid, will be given to the Successful Bidder under the Contract entered into between the Township and the Successful Bidder and said Contract will provide that no person shall carry, convey, or transport through the streets, alleys, or public places of the Township any of aforesaid material from Dwelling Units or Small Commercial Units without being subject to the penalties prescribed by the law of the Commonwealth of Pennsylvania and Ordinances of the Township. The Township agrees on its part to prevent as far as lawful any person other than the Successful Bidder from gathering, hauling, removing or carrying any Municipal Solid Waste or Recyclable Materials from Dwelling Units and Small Commercial Units within the Township limits, which under the specifications the Successful Bidder is required to dispose of or market.

2.14 Successful Bidder to have Telephone in Office

Successful Bidder shall establish, maintain and publish in the Greater Reading and Greater Lebanon Telephone Directories a toll-free telephone number with its office or plant which persons in the Township may use to contact the Successful Bidder and shall attend such telephone between the hours of 9:00 a.m. and 5:00 p.m. every day each week, except for Saturday and Sunday.

2.15 Observance of Law and Ordinances

The Successful Bidder must, in the performance of work and services under the Contract, qualify under and comply with any and all federal, state and local laws, ordinances and regulations now in effect, or hereinafter enacted or adopted during the term of the Contract, which are applicable to the Successful Bidder, its employees, agents or subcontractors, if any, with respect to the work and services described herein.

2.16 Motorized Equipment to be Used

Motorized equipment alone shall be used and employed in the performance of this Contract. Such motorized equipment shall be sufficient to service all of the residential collection points within the Township as set forth in the Bidding Documents. The Successful Bidder shall be in constant radio contact with each piece of equipment used in the Township from a base at its main office.

2.17 Responsibility of Successful Bidder

The Successful Bidder will be and is hereby responsible for any and all injury or damage to property or persons or accidents which may occur to any person or persons in consequence of its act, or the acts of its agents, servants, or employees. The Successful Bidder agrees that liability and Worker's Compensation Insurance shall be furnished protecting the Township against loss or injury occasioned by the acts of the Successful Bidder, its agents, servants, or employees, in accordance with the attachment entitled

"Insurance Requirements and Indemnity Provisions". The Successful Bidder shall comply with the provisions of the current Worker's Compensation Act and any supplements or amendments thereto relative to worker's compensation insurance, and shall furnish proof to the Township that it has accepted the provisions of said Act and either insured its liability thereunder or secured exemption therefrom, and the Successful Bidder shall indemnify and save harmless the Township against or from any and all costs, expense, damage, claim, demand, suit, injury or loss to which the Township may be subjected by reason of any wrongdoing, misconduct, negligence or fault of Successful Bidder, its agents, servants, or employees in or about the execution or performance of the Contract, including the Specifications and as set forth in Section 1.9 of the General Stipulations and information for Bidders.

2.18 Additions to the Contract Price

Any additional Dwelling Units or Small Commercial Units added after the effective date of this Contract shall be invoiced at the price stipulated in the Bid proposal. There shall be no fuel surcharge by the Successful Bidder during the term of the Contract, nor shall any other charges or increases to the per Unit price be imposed by the Successful Bidder during the term of this Contract.

2.19 Modification of Contract

This Contract and the specifications herein contained may be modified and changed from time to time, as may previously be agreed upon in writing, between the Successful Bidder and the Township, in a manner not materially affecting the substance hereof, provided, however, that the consent of the Township be first obtained. The Ordinance will be amended by the Township to conform to the Contract or contracts awarded.

2.20 Conditions Under which Contract may be Cancelled or Terminated by Township Supervisors

If the work under this Contract shall be abandoned by the Successful Bidder, or if this Contract shall be assigned or the work subcontracted by it other than as herein specified, or if at any time the Township shall be of the opinion and so certify in writing (which certificate shall be final, binding and conclusive on the Successful Bidder) that the performance of the Contract is being unnecessarily or unreasonably delayed, or that the Successful Bidder is violating any of the conditions or covenants of this Contract, or the Specifications thereof, or is executing the same in bad faith, or not in accordance with the terms thereof, the Township may cancel and terminate this Contract by a written notice, to be served upon the Successful Bidder either personally or by leaving it at its residence or office. The Township shall thereupon have the power and is hereby authorized to procure in the manner prescribed by law such and so much of said work to be performed as may be necessary to fulfill the Contract and in such cases, the Township shall have the power and is hereby authorized to charge to the Successful Bidder the amount of loss suffered by the Township, and collect the same out of the Bond filed by the Successful Bidder.

2.21 Authorizing Township to Perform Contract

If the Successful Bidder shall fail to perform any part of the work called for in this Contract in accordance with the terms thereof and Township decides not to cancel and terminate this Contract as provided in previous clause, the Township shall have the power and are hereby authorized to perform or cause or procure to be performed such part of the work as the Successful Bidder shall fail to perform at the expense of the Successful Bidder and to deduct such expenses and collect the cost of same out of the Performance Bond filed by the Successful Bidder, in any legal proceedings, or any loss by reason thereof or both, at the sole option of the Township.

2.22 Municipal Trash Collection

The Successful Bidder shall collect all Municipal Solid Waste from the receptacles located at the Heidelberg Township Municipal building and Conrad Weiser Pool free of charge to the Township. Successful bidder shall be responsible for providing a 4 CY dumpster to the Township Building and 6 CY dumpster to the pool property, for this purpose.

2.23 Bulk Collection

As part of the regular collection service, the Successful Bidder shall provide the equipment, personnel and disposal quarterly for "Bulk Collection" of Bulk Items. Bulk Collection shall be performed on one (1) day each quarter as may be mutually agreed upon by the Township and the Successful Bidder. The Successful Bidder shall provide sufficient equipment and personnel to remove all Bulk Items (i.e. appliances, furniture, and other similar items), excluding (a) Municipal Solid Waste collected under the regular service; (b) household hazardous waste; and (c) tires; (d) bulbs; (e) electronic waste including televisions; (f) freon containing appliances and (g) construction and demotion waste. The Successful Bidder shall not be required to remove any item which two (2) men are unable to lift onto the truck. The Successful Bidder shall provide notice to the Township setting forth the date for Bulk Clean-Up and items that will not be collected.

The bidders shall also provide a list of items not allowed for the Bulk Clean-Up with their bid.

2.24 Yard Waste

Yard Waste (Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative material) are not required to be collected by the Successful Bidder.

2.25 Missed Service Calls

The Township will refer all complaints concerning missed service to the Successful Bidder. In case of missed service reported by the Township or a customer, the Successful Bidder shall collect the Municipal Solid Waste for the customer within twenty-four (24) hours of notification.

COLLECTION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND BULK

ITEMS

AND COLLECTION, PROCESSING AND MARKETING OF RECYCLABLE

MATERIALS

SPECIFICATIONS

For Collection, Processing and Marketing of Recyclable Materials for a period of three (3) years from April 1, 2027 to December 31, 2029

3.1 Scope of Work

The work to be done under this Contract consists of the collection, processing and marketing of the following Recyclable Materials on an every other week basis: clear glass, colored glass, aluminum, steel, and bi-metallic cans, plastic containers (numbers 1 to 2) and mixed paper. The items described herein shall be removed from all residential Dwelling Units (including single family dwellings, farm properties not utilizing a dumpster, and multi-family dwellings not utilizing a dumpster), Small Commercial Units not utilizing a dumpster within the boundaries of the Township, the Heidelberg Township municipal building and the Conrad Weiser Pool.