1-2027 Garbage Bidding Weissport 20261002.pdf

BOROUGH OF WEISSPORT

COUNTY OF CARBON

COMMONWEALTH OF PENNSYLVANIA

BIDDING DOCUMENTS FOR

COLLECTION, TRANSPORTATION, AND DISPOSAL OF

MUNICIPAL SOLID WASTE

Borough of Weissport – 2027 Municipal Solid Waste Bidding Documents | Page 2 of 34

BIDDING DOCUMENTS FOR COLLECTION, TRANSPORTATION AND DISPOSAL

OF MUNICIPAL SOLID WASTE 2027

BOROUGH OF WEISSPORT

CARBON COUNTY, PENNSYLVANIA

A complete bid must include all the items listed below. Items noted with an asterisk

(*) must be completed on the forms provided. Bids missing any items listed below may be deemed to be irregular at the option of Borough Council.

Document

I. Notice to Bidders

II. Instructions to Bidders

III. General Conditions

*IV. Contractor's Proposal & Options

*V. Proposed Contract

*VI. Bid Insurance Certificate Declaration

*VII. Bid Security (Bid Bond and Consent of Surety)

*VIII. Questionnaire

*IX. Non-Collusion Affidavit of Prime Bidder

*X. CDL – Statement of Compliance

*XI. Public Works Employment Verification Form

Name of Bidder: ________________________________________________________________

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I. NOTICE TO BIDDERS – BOROUGH OF WEISSPORT

Bids for the 2027 Municipal Solid Waste services will be received online via the PennBid

Program by the Borough of Weissport, Carbon County, Pennsylvania, until 1:00 P.M., prevailing time, on Wednesday, October 28, 2026. Action on the bids will be taken at the Regular Scheduled

Meeting of Weissport Borough Council to be held at Municipal Building, 440 Allen Street, Weissport, Pennsylvania on Monday, November 2, 2026, or at a later date.

The work will include, but will not necessarily be limited to, providing labor and equipment for collection, transportation and disposal of municipal solid waste generated from approximately

200 residential units.

Complete sets of the Bidding Documents, including Contract forms, Specifications and

Drawings, will be available from the project page at https://pennbid.bonfirehub.com.

Each proposal must be accompanied by a bid bond naming the Borough as obligee, uploaded as a PDF with the proposal through PennBid, in the amount of ten percent (10%) of the first year lump-sum price. Said amount shall guarantee that in the event the contract is awarded to him/her/it, such party will execute the contract in good faith. Bid bonds will be released to all bidders within ten (10) days after the contract is executed. All bonds must be executed by the sureties who are licensed to contract business in the Commonwealth of Pennsylvania, and must be accompanied by a certified, effectively dated copy of the authority to act. Each bid bond must also be accompanied by a Consent of Surety, signed by the surety, stating that if the contract is awarded to the bidder, the surety will provide the Performance Bond required by the Contract Documents.

In the event the Borough awards a one-year contract, the successful bidder will have to provide a Performance Bond or Security in the amount of 50% of the first year lump sum contract price. In the event the Borough awards a multiple year contract, the successful bidder will have to provide a Performance Bond or Security in the amount of 50% of the total lump sum contract price divided by the number of years of the contract.

The Borough of Weissport reserves the right to waive any informality in any bid, and/or to reject any or all bids, and/or to award any contract as deemed to be in the Borough's best interest.

Following the opening of bids, no bid may be withdrawn for a period of forty-five (45) days.

Weissport Borough Council https://pennbid.bonfirehub.com/

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II. INSTRUCTIONS TO BIDDERS – BOROUGH OF WEISSPORT

INDEX

1. Proposals Submitted

2. Preparation of the Proposal

3. Proposal Security

4. Intent of Bid

5. Liquidated Damages

6. Security for Faithful Performance

7. Power of Attorney

8. Scope of Work

9. Conditions

10. Addenda and Explanations

11. Name, Address and Legal Status

12. Competency of the Bidder

13. Disqualification of Bidder

14. Basis of Proposal

15. Method of Award

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INSTRUCTIONS TO BIDDERS

BOROUGH OF WEISSPORT – CARBON COUNTY

1. Proposals Submitted

Bids for the 2027 Municipal Solid Waste services will be received online via the PennBid

Program by the Borough of Weissport, Carbon County, Pennsylvania, until 1:00 P.M., prevailing time, on Wednesday, October 28, 2026. Action on the bids will be taken at the Regular Scheduled

Meeting of Weissport Borough Council to be held at Municipal Building, 440 Allen Street, Weissport, Pennsylvania on Monday, November 2, 2026, or at a later date.

2. Preparation of the Proposal

Each proposal, together with appropriate schedules, must be submitted online via the

PennBid Program until 1:00 P.M., prevailing time, on Wednesday, October 28, 2026. Schedules and supporting documents must be submitted by uploading PDF copies.

The Borough may waive any informalities or reject any and all proposals.

Any Proposal received after the time and date specified shall not be considered. A bidder that discovers a clerical mistake in its Proposal may withdraw the Proposal by delivering written notice to the Borough within twenty-four (24) hours after the opening of bids, to the extent permitted by applicable law.

3. Proposal Security

Each Proposal must be accompanied by or a bid bond in an amount equal to ten percent

(10%) of the first year lump-sum price as a guarantee on the part of the bidder that he/she/it will, if called upon to do so accept and enter into a contract on the attached form (or such form as may mutually be agreed upon by the Borough and selected bidder), to perform the work covered by such Proposal at the rates stated therein and to furnish a corporate surety for its faithful and entire fulfillment. Each bid bond shall be accompanied by a Consent of Surety, signed by the surety, stating that if the contract is awarded to the bidder, the surety will provide the Performance Bond required by Section 6. Bid bonds will be released within ten (10) days after the Borough and the selected bidder have executed the contract and provided sureties. If no bidder's proposal has been selected within forty-five (45) days after the date of the opening of Proposals, all bid bonds shall be released.

4. Intent of Bid

It is the intent of the Borough of Weissport, Carbon County, that the successful bidder shall be the only licensed hauler of Municipal Solid Waste contracted by the Borough. For periodic or extraordinary accumulation of Municipal Solid Waste, however, the said resident shall be permitted to haul the accumulation in their own vehicles to an approved landfill site, subject to fees established by the disposal site operator, and providing they comply with health and other applicable governing regulations and restrictions.

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5. Liquidated Damages for Failure to Enter in the Contract

The contract shall be deemed as having been awarded when formal notice of award shall have been delivered in person by the Borough or mailed by the Borough to bidder by Certified

Mail, Return Receipt Requested.

The bidder, to whom the contract shall have been awarded, will be required to execute three (3) copies of the contract on the form attached hereto. In case of his/her/its refusal or failure to do so within ten (10) days after his/her/its receipt of formal notice of award, bidder will be considered to have abandoned all of his/her/its rights and interests in the award, and bidder's proposal security may be declared forfeited to the Borough as liquidated damages and the award may then be made to the next best qualified bidder or the work re-advertised for Proposals as the

Borough may elect.

6. Security for Faithful Performance

The successful bidder shall, within ten (10) days after notification of award, enter into a written contract with the Borough. The successful bidder shall also give the Borough security. The form of security may be a bond with an approved surety company authorized to do business in the

Commonwealth of Pennsylvania. Or the successful bidder may give the Borough security from a bank doing business in Pennsylvania and having a banking location in Pennsylvania or the security may consist of an irrevocable letter of credit, assigned certificate of deposit or assigned bank account. Or, the successful bidder may provide cash. If a one-year contract is awarded, the bond or security shall be in the amount of fifty percent (50%) of the first year lump sum contract price.

In the event the Borough awards a multiple year contract, the amount of the bond or security shall be 50% of the total lump sum contract price divided by the number of years of the contract. The condition shall be that he/she/it shall comply in all respects with the terms and conditions of the contract and his/her/its obligation thereunder, including the specifications and shall indemnify and save harmless the Borough of Weissport, Pennsylvania, from all cost, expense, damage, injury or loss to which said Borough may be subjected by reason of any wrongdoing, misconduct, want of care, skill, negligence, or default upon the part of the contractor, his/her/its agents or employees in or about the execution or performance of the contract, including said specifications and shall save and keep harmless said Borough against all claims and losses to it from any cause whatever, including patent infringements, in the matter of completing said contract. Security is to be approved by Borough Council.

In case of failure or refusal on the part of the bidder to enter the said contract and provide the aforesaid bond or security within ten (10) days of the Notice of Award, the amount of the proposal security will be forfeited and paid to the Borough of Weissport, Carbon County.

7. Power of Attorney

Attorneys-in-fact who sign bonds must file with each bond a certified and effectively dated copy of their Power of Attorney.

8. Scope of Work

The work under this contract shall consist of the items contained in the Proposals, including all incidentals necessary to fully complete said work in accordance with the Contract Documents.

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9. Conditions

The bidder's attention is directed to the fact that all applicable Federal and State laws and the ordinances, rules and regulations, of the Borough of Weissport and the County of Carbon along with all authorities having jurisdiction shall apply to the Contract throughout, and they will be deemed to be included in the Contract as though they were herein written in full.

10. Addenda and Explanations

Explanations desired by a prospective bidder shall be requested via PennBid. If explanations are necessary, a reply shall be made in the form of an Addendum via PennBid. Any verbal statements regarding the same by any person previous to the award shall be unauthoritative and not binding.

Addenda issued to prospective bidders prior to the date of receipt of Proposals shall become a part of the Contract documents, and all Proposals shall include the work described in the

Addenda.

All inquiries shall be submitted via PennBid by 1:00 P.M. on October 23, 2026. Final addenda, if required, shall be submitted via PennBid by October 26, 2026, as 4:00 P.M.

Any and all such interpretations and any supplemental instruction will be in the form of written Addenda uploaded to PennBid.

11. Name, Address, and Legal Status of the Bidder

The Proposal must be properly signed in ink and the address of the bidder given. The legal status of the bidder, whether corporation, partnership, or individual, shall also be stated in the

Proposal.

A corporation shall execute the Proposal by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership shall give full names and addresses of all partners. Partnership and individual bidders will be required to state in the Proposal the names of all persons interested therein.

The place of residence of each bidder, or the office address in the case of a firm or company, with county and state and telephone number, must be given after his/her/its signature.

If the bidder is a joint venture consisting of a combination of any or all of the above entities, each joint venture shall execute the Proposal.

Anyone signing a Proposal as an agent of another or others must submit with his/her

Proposal legal evidence of his/her authority to do so.

12. Competency of the Bidder

A. The opening and reading of the Proposal shall not be construed as an acceptance of the bidder as a qualified, responsible bidder. The Borough reserves the right to determine the competence and responsibility of a bidder from its knowledge of the bidder's qualifications and from other sources.

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B. The Borough will require submission with the Proposal of supporting documentation regarding the qualification of the bidder in order to determine whether the bidder is a qualified, responsible bidder. The bidder will be required to furnish the following information certified by an authorized official on behalf of bidder:

(1) The experience of Contractor in the field of municipal waste collection, transportation and disposal. This shall include an identification of the geographic area served. Bidder shall also supply the name, address and, if possible, the telephone number for an official with information concerning

Contractor's performance.

(2) Evidence that the bidder is in good standing with the Commonwealth of

Pennsylvania, and, in the case of a corporation organized under the laws of any other state, evidence that the bidder is licensed or registered to do business in the State of Pennsylvania.

(3) Evidence that the bidder has the financial ability to carry out the Contract, if it is awarded to the bidder.

(4) Such additional information as will satisfy the Borough that the bidder has the ability to competently fulfill the terms of the contract.

C. The bidder may satisfy any or all of the experience and qualification requirements of this Section 12 by submitting the experience and qualifications of its parent corporation and subsidiaries of the parent.

13. Disqualification of Bidders

Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following causes, among others, may be considered sufficient for the disqualification of a bidder and the rejection of his/her Proposal.

(1) Evidence of collusion among bidders.

(2) Lack of competence as revealed by either financial statements, experience or equipment statements submitted, or other sources.

(3) Lack of responsibility as shown by past work, judged from the standpoint of workmanship.

(4) Default on a previous municipal contract for failure to perform.

14. Basis of the Proposal

Proposals with respect to refuse collections and disposal are solicited on the basis of total rates for said work for one year, two years, and three years. Proposals will be examined on the basis of total rates for one year, two years, and three years at the sole option of the Borough.

Council will select the contract term (one, two, or three years) at the time of award, and the contract for the selected term will be awarded to the lowest responsible bidder, determined on the basis of the total price quoted for that term.

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15. Method of Award

The Borough reserves the right to accept any Proposal or to reject any or all proposals, and waive informalities or irregularities in any Proposal. The Borough intends that the Contract shall be awarded within forty-five (45) days following the date that proposals are publicly opened and read.

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III. GENERAL CONDITIONS – BOROUGH OF WEISSPORT

INDEX

1. Definitions

2. Work to be Done

3. Contractor Operations

4. Collection Operation

5. Compliance with Law

6. Effective Date

7. Nondiscrimination

8. Indemnity

9. Licenses and Fees

10. Term

11. Insurance

12. Bond

13. Basis and Method of Payment

14. Transferability of the Contract

15. Strike Clause

16. Ownership

17. Reporting of Tons Collected

18. Any Other Mandated Collection

19. Disposal of "White Goods"

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1. Definitions

1.1. Apartment: A building arranged, designed and intended for occupancy by ten (10) or more families living independent of each other, doing their own cooking therein.

1.2. Bags: Plastic sacks designed to store solid waste with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 35 pounds.

1.3. Bin: Metal receptacle designed to be lifted and emptied mechanically for use only at commercial, industrial, and institutional establishments.

1.4. Bulky Waste: Stoves, water tanks, tires, washing machines, furniture and other waste materials other than construction refuse. This also includes "white goods", such as refrigerators, window air conditioners, freezers, ice makers, or other equipment that has had any refrigerants (chloroflurocarbons [CFC's]) properly removed pursuant to the 1990 Clean Air Act, Section 608.

1.5. Bundle: Tree, shrub or brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding three (3) feet in length or 50 pounds in weight.

1.6. Commercial Establishment: Any establishment engaged in a non-manufacturing or non-processing business, including, but not limited to stores, markets, office buildings, restaurants, shopping centers, apartment buildings, theaters, and churches.

1.7. Construction Refuse: Scrap lumber, pipe and other construction materials from construction or remodeling.

1.8. Container: A wheeled, lidded cart owned, furnished, and maintained by the

Contractor, with a capacity of ninety-six (96) gallons for Municipal Solid Waste and sixty-four (64) gallons for recycling, constructed of plastic and designed to be emptied mechanically by the Contractor's collection vehicle, having a tight fitting lid capable of preventing entrance into the container by vectors.

1.9. Contract Documents: The Notice to Bidders, Instructions to Bidders, General

Conditions, Contractor's Proposals, Disposal Certificate, Insurance Certificate, Performance Bond, Borough Ordinances, the Contract and any Addenda or changes to the foregoing documents agreed to by the Borough and the Contractor.

1.10. Contractor: The person, corporation or partnership performing Municipal Solid

Waste collection and disposal with the Borough.

1.11. Demolition Refuse: Lumber, pipes, bricks, masonry and other construction materials from razed structures.

1.12. Disposal: Incineration, deposition, injection, dumping, spilling, leaking, or placing of Municipal Solid Waste into or on the land or water in a manner that the waste or a constituent of the waste enters the environment is admitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.

1.13. Disposal Site: Approved disposal site in accordance with the provisions set forth in the Carbon County Municipal Solid Waste Plan.

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1.14. Garbage: All animal and vegetable wastes attending or resulting from the handling, dealing, storing, preparation, cooking and/or consumption of foods.

1.15. Hazardous Waste: Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State to be "Hazardous" as that the term is defined by or pursuant to

Federal or Commonwealth Law.

1.16. Industrial Establishment: Any establishment engaged in the manufacturing or processing including, but not limited to factories, foundries, mills, processing plants, refineries and the like.

1.17. Institutional Establishment: Any establishment engaged in service to persons including, but not limited to hospitals nursing homes and schools.

1.18. Municipal Solid Waste: Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semi-solid or contained gaseous material resulting from the operation of residential, municipal, commercial, industrial, or institutional establishments and from community activities.

1.19. Processing: Any technology used for the purpose of reducing the volume or bulk of Municipal Solid Waste or any technology used to convert and/or segregate part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to incinerators, facilities and resource recovery facilities.

1.20. Producer: Any occupant of a commercial, industrial, institutional, or residential establishment who generates Municipal Solid Waste.

1.22. Refuse: Means the collective term applying to all garbage, rubbish, ashes, leaves, and grass trimmings from residential, municipal, commercial, industrial or institutional premises and construction and demolition refuse.

1.23. Residential Establishment: Any premises utilized primarily as a residential dwelling unit, including but not limited to homes and mobile homes; some apartments may be considered commercial establishments. A Commercial

Establishment containing not more than two residential dwelling units may elect to have the residential units considered Residential Establishments by written notice to the Council Borough Council.

1.24. Storage: The containment of any Municipal Solid Waste on a temporary basis in such a manner as not to constitute disposal of such waste. The containment of any

Municipal Solid Waste for a period in excess of one (1) year shall be conclusively presumed to constitute disposal.

1.25. Borough: The Borough of Weissport, located in Carbon County, Pennsylvania.

1.26. Transportation: The off-site delivery of any Municipal Solid Waste generated at any time from the Borough.

1.27. Yard Waste: Leaves, tree limbs, bushes, shrubs, grass trimmings and other plant waste generated by residential, municipal, commercial, industrial or institutional establishments.

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2. Scope of Work

The work under this contract shall consist of the items contained in the Proposal, including all the supervision, materials, equipment, labor, and other items necessary to complete said work in accordance with the Contract Documents.

The contract requires the collection, transportation, and disposal of Municipal Solid Waste and household consumables recycling from approximately 200 residential units on a weekly basis.

Contractor is to supply, at its own cost and without charge to residents, one ninety-six (96) gallon trash cart and one sixty-four (64) gallon recycling cart for each residential unit. The carts shall remain the property of the Contractor, which shall maintain, repair, and replace them as needed.

Collection shall be one time per week. No adjustment in the contract price shall be made unless the number of residential units being collected during the term of this contract exceeds five

(5) more than the amount set forth above or is reduced to five (5) less than the amount set forth above in which case there shall be an appropriate increase or decrease made in each monthly payment to the contractor based upon the following formula:

For residential units, the Contract price divided by number of months in contract divided by 200 equals amount per unit per month. Said amount shall be used as a basis for increasing or decreasing the contract price to the extent that the residential units exceed five (5) more than the amount set forth above, or are five (5) more or less than the amount set forth above for any such month. Adjustments in price for increases or decreases in the number of small and large commercial units may be made by the parties based on the reasonable value of the services provided. The Borough, at its option, however, reserves the right to rebid any such additional units or re-contract for the collection of any such additional units (at its option) when such units exceed five (5) more than the amount set forth above and the successful bidder requests additional payment pursuant to this paragraph.

A commercial facility may request containerized (dumpster type) service at their own expense with the current hauler upon approval from Borough Council; and if so requested, the successful bidder shall be required to collect such garbage and refuse from such facilities as hereinafter set forth. In order to qualify for containerized service under these specifications and the contract, the following regulations shall apply:

(1) The property seeking containerized service must be suitable for the safe and convenient maintenance of containerized service which decision shall be made by the Borough of Weissport in consultation with the successful bidder. Containerized service will only be approved if the location for the container is considered generally acceptable for containerized services by members of the refuse hauling industry.

(2) The owners of containers shall be solely responsible for the working condition and all liability of said containers. The municipality will not be liable for any defects, maintenance or any condition of said containers either expressed or implied.

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(3) The entity must apply to the Borough of Weissport for such containerized service.

Such application must be in writing and shall establish the qualifications for containerized service. The Borough of Weissport shall have a period of forty-five

(45) days from the receipt of such application to review the application and to either approve or deny the application for containerized service. If the application is approved, such containerized service shall commence within thirty (30) days from the date of such approval and shall continue only for so long as the entity maintains eligibility for containerized services.

(4) In order to be eligible for containerized service, the entity seeking containerized service must, at its own cost, furnish containers, dumpsters, in sufficient number for the collection of the garbage and refuse at such facility (any such entity may either furnish such containers, dumpsters, which it owns, or may, at its option, rent suitable containers).

(5) The interested bidder shall determine whether or not any facility qualified for containerized service maintains any compaction facilities and, shall generally familiarize itself with the requirements of each such facility. Any entity requesting or which has requested containerized service shall continue with such containerized service without substantial change unless an intent to change from such containerized service or any other change is communicated to the Borough of

Weissport in writing directed to the Borough of Weissport with a copy to the

Borough Solicitor on or before seven (7) months prior to commencement of the term of the next garbage and refuse contract.

3. Contractor Operations

3.1. Residential and Commercial Services

The Contractor shall provide residential and commercial curbside collection of solid waste one (1) time per week, year round.

3.2. Borough Services

The Contractor will be required to provide collection of refuse once a week at the

Municipal Building and Borough Garage.

3.3. Storage of Municipal Waste

All municipal waste accumulated by the owners or occupants of each residential property or establishment shall be placed in containers for collection. Containers shall be located so as to be accessible to the collector at ground level and at a point of the curb line of the street or within

2 feet of the public street or alley curb line from which collection is to be made. Each cart should have 3 feet between it and other items such as another cart or automobile. Containers shall be placed out for collection not earlier than 6:00 p.m. the day prior to scheduled collection and removed from the roadway and returned to the residents property by 6:00 p.m the day of trash collection.

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4. Collection Operation

4.1. Hours of Operation

Collection of residential solid waste shall not start before 6:00 a.m. or continue after 4:00 p.m. on the same day, Monday through Saturday. Exceptions to these collection hours shall be affected only by mutual agreement between the Borough and the Contractor, or when the contractor reasonable determines than an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances.

4.2. Routes of Collection

(a) The contractor, before beginning the collection required under the contract, shall determine with the approval of the Borough Council on what days of the week said collections shall be made in various districts of the Borough, and shall furnish the

Borough Council with a map upon which the Districts collected from on different days (if applicable) shall be clearly defined.

(b) Once a year during the life of the Contract, the Contractor shall prepare at its cost brochures giving his/her name, address and toll-free telephone number, rules, complaint procedures, and a description of the collection program, and designating upon what day(s) the collector will provide collection service(s) to each area of the

Borough. After reviewing with Borough Council, a copy of this brochure shall be delivered by the contractor to each and every building in the Borough where refuse is collected and a supply kept at both the contractor's office and the Borough

Offices.

(c) Changes in the scheduled days of collection for all or parts of the Borough shall only be made with the approval of Borough Council.

4.3. Bulky Waste and Construction Refuse

Bulky waste shall be collected on regular collection days. Bulky items should be of a size and weight which may be reasonably lifted by two persons. Residents will be encouraged to call the contractor when such items are to be left out.

Construction debris, consisting of one container or bundle, shall also be collected on regular collection days.

4.4. Holidays

The following shall be holidays for purposes of the Contract:

(a) New Year's Day (d) Labor Day

(b) Memorial Day (e) Thanksgiving Day

(c) Independence Day (f) Christmas Day

The Contractor may decide to observe any or all of the above holidays by suspension of collection on either the holiday or its official day of observance. Should a holiday or its day of observance fall on a regular pick-up day, the Contractor shall nevertheless provide collection services to all residential establishments the day after the holiday.

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4.5. Complaints

All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention.

(a) In case of alleged missed scheduled collections, the Contractor shall investigate immediately and, if such allegations are verified, shall arrange for the collection of the solid waste within twenty-four (24) hours after the complaint is received.

(b) The Contractor shall maintain an office with a toll-free number through which he/she/it can be contacted by the Borough residents or Borough Council. It should be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 4:30 p.m. on regular collection days.

(c) The Contractor shall be available for communication with the proper Borough officials at all times. Contractor shall provide Borough with a telephone number where a responsible employee of contractor is available during regular business hours.

4.6. Collection Equipment

The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, bins, and other equipment shall be kept in good repair, appearance, and in sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor.

4.7. Deductions for Violation of the Contract

It is understood and agreed that Borough Council has a right to deduct from the monthly payments made to the Contractor the following amounts as liquidated damage for violation of this contract:

(a) Refuse not collected, per house, per occurrence .............................................$25.00

(b) Complaint not attended to, per occurrence .....................................................$25.00

(c) Spilling of any refuse in conveying it from the curb to the truck and failing to immediately clean the street, per occurence ...................................................$50.00

(d) Damage to Borough property ............................ To be billed at time & material rate

(e) Failure of contractor's employees to wear fluorescent orange vest or clean fluorescent clothing ...................................................................... $10/employee/day

(f) Failure to supply monthly reports and weight receipts as required in Section 17 within 30 days of the end of the month shall result in suspension of the monthly payments until reports are received.

It shall be a condition of the contract that the question of deduction shall be decided by

Borough Council subject to an appeal to the Borough Council. The decision of the Council on the question shall be final and conclusive.

4.8. Hauling

All solid waste hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing are prevented.

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4.9. Disposal

Garbage, etc., collected under this Contract shall be disposed of outside of the territorial limits of the Borough of Weissport without any liability therefor resting upon the Borough and in a manner that will comply with all State Laws and Health Regulations.

All dealings, contracts, etc., between the Contractor and the Borough shall be directed by the Contractor to Borough Council.

4.10. Recycling Collection

(a) Materials. Once each week, on the same day as solid waste collection, the

Contractor shall collect the following household recyclable materials placed at the curb in the Contractor-supplied recycling cart: [clear, green and brown glass bottles and jars; aluminum and steel cans; plastic bottles and containers marked #1 and #2;

newspaper, magazines and mixed paper; and corrugated cardboard]. [Borough to confirm the list against the materials accepted by the processing facility.]

(b) Ownership. Title to recyclable materials shall pass to the Contractor when placed in the Contractor's collection vehicle. The Contractor shall retain any revenue from the sale of recyclable materials and shall bear all costs of processing, marketing, and disposing of them.

(c) Rejection and Tagging. The Contractor may decline to collect a recycling cart that contains materials not listed in paragraph (a) or that is contaminated by food, liquids, or garbage. In that case the Contractor shall attach a tag to the cart stating the reason for rejection, leave the contents in place, and record the address and date.

A cart properly rejected and tagged shall not be treated as refuse not collected under

Section 4.7(a). The Contractor shall furnish a copy of the rejection record to the

Borough upon request.

(d) No Commingling. The Contractor shall not mix recyclable materials with municipal solid waste or dispose of collected recyclables in a landfill or incinerator, except for residue rejected by the processing facility. The Contractor shall certify in writing, with its Proposal, that all recyclable materials collected under the

Contract will be delivered to the recycling processing facility named in the certification.

(e) Reporting. The Contractor shall report the tons of recyclable materials collected and delivered, by material category where available, together with the processing facility's weight receipts, as part of the monthly report required by Section 17, in a form sufficient to support the Borough's recycling grant applications and its reports to the Pennsylvania Department of Environmental Protection.

5. Compliance with Law

The Contractor shall conduct operations under this contract in compliance with all applicable laws and ordinances of the Borough of Weissport; provided however, that the General

Conditions herein stated shall govern the obligations of the Contractor where there exists conflicting Ordinances of the Borough on the subject.

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6. Effective Date

The contract shall be effective upon the execution of the contract and performance of such contract shall begin January 1, 2027.

7. Nondiscrimination

The Contractor shall not discriminate against any person because of race, color, religious creed, ancestry, age, sex, sexual orientation, gender identity or expression, national origin.S. § 951 et seq., and all other applicable Federal, State and local nondiscrimination laws.

8. Indemnity

The Contractor will indemnify, save harmless, defend, and exempt the Borough, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and Attorney's fees incident to any work done in the performance of this Contract arising out of an act or omission of the Contractor, its officers, agents, servants, and employees provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and

Attorney's fees arising out of a willful or negligent act or omission of the Borough, its officers, agents, servants and employees.

9. Licenses and Fees

The contractor shall obtain promptly all licenses and permits and pay all fees required by the State, County and Local Government Agencies.

10. Term

This contract shall be for a period beginning upon the Effective Date of the contract and ending as designated by the Borough. The initial term of this contract shall be determined by the

Borough's selection of the one year, two-year, or three-year contract proposal. The initial term of this contract may be extended for a successive additional one-year term, if both parties consent to the renewal. All terms and conditions of this Contract shall remain in full force and effect, unmodified, during each such successive additional one-year term.

11. Insurance

The Contractor, prior to executing a contract with the Borough, shall provide evidence in the form of Certificates of Insurance acceptable to the Borough that the insurance specified hereinafter is in full force and effect. Each Certificate of Insurance shall require that notice by

Certified or Registered Mail be given to the Borough at least thirty (30) days prior to cancellation or material change in the policies.

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For the purpose of this contract, the contractor shall maintain in full force and effect

Worker's Compensation and Employer's Liability, Commercial General, Commercial Auto, Commercial Umbrella and Transportation Pollution Liability Insurance, including Contractual liability coverage for the provisions of Section 8 of the General Conditions. The Commercial

General, Commercial Auto, Commercial Umbrella and Transportation Pollution policies shall be written on an occurrence basis (or, for pollution coverage, a claims-made basis with a retroactive date no later than the start of the contract), shall state aggregate limits as specified below, and shall name the Borough of Weissport, its officials, officers, employees and agents as additional insureds.

These types of insurance shall be carried in at least the limits specified as follows:

Coverage Limits of Liability

(1) Worker's Compensation (Statutory) and Employer's

Liability

$500,000 Each Accident

$500,000 Disease – Each

Employee

$500,000 Disease – Policy Limit

(2) Commercial General Liability and Personal Injury

Personal Damage Liability

$1,000,000 Each Occurrence

Property Damage Liability $100,000 Each Occurrence

(3) Commercial Auto Liability

Bodily Injury and Property Damage Liability

$1,000,000 Per Accident

(4) Commercial Umbrella Liability

Excess of 1, 2, and 3 above

$2,000,000

12. Bond/Security

12.1. Performance Bond/Security

(a) The Contractor will be required to furnish Performance Bond/Security as security for the performance of this contract.

(b) Premium for the bond/security described above shall be paid by the Contractor. A

Certificate from the surety showing that the bond premiums are paid in full shall accompany the bond.

(c) If a Bond is provided, the surety in the bond shall be a corporate surety company duly authorized to do business in the State. If other acceptable security is provided by a bank, the bank must be authorized to do business in the State of Pennsylvania and must have a banking location in the State of Pennsylvania.

12.2. Power of Attorney

Attorneys-in-fact who may sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

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13. Basis and Method of Payment

13.1. Collection and Disposal Rates

(a) The charges shall not exceed the rates fixed by the Contract documents. The

Borough shall pay the contractor in equal monthly installments; first payment due one (1) month from date the contract does into effect, then continuing until the end of the contract.

(b) Solid waste collection charges shall include all disposal costs.

13.2. Delinquent and Closed Accounts

The Contractor shall discontinue solid waste collection service to any residential or commercial establishment as set forth in written notice sent to it by the Borough. Upon further notification by the Borough, the Contractor shall resume solid waste collection for the next regularly scheduled collection day.

14. Transferability of the Contract

No assignment of the contract or right accruing under this contract shall be made in whole or in part by the Contractor without the express written consent of the Borough, which consent shall not be unreasonably withheld. In the event of any assignment, the Assignee shall assume the liability of the Contractor.

15. Strike Clause

The Borough shall hold the Contractor responsible for failure to provide services due to striking personnel employed by the Contractor or at a landfill, incinerator, or processing facility.

16. Ownership

Title to municipal solid waste shall pass to the Contractor when placed in the Contractor's collection vehicle, or removed by the contractor from a customer's premises, whichever occurs first.

17. Reporting of Tons Collected

The Contractor shall submit to the Borough a detailed and documented monthly report, due by the tenth (10th) day of each month, of the tons of waste collected in the Borough during the preceding month, accompanied by the disposal-site weight receipts for all loads.

18. Any Other Mandated Collection

In the event that any federal, state, or county law or regulation requires the Borough to participate in a municipal waste collection and/or disposal program contrary to the terms of the

Contract, or requires that another federal, state, county or other government entity of authority provide for the collection and/or disposal of municipal waste in the Borough, the Borough may terminate the Contract on seven day's written notice to Contractor without further liability other than for services provided to the date of termination.

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19. Disposal of "White Goods" Containing Refrigerants (CFC's)

Upon request of a resident, or Borough Council, the contractor shall provide a price to properly remove any ozone depleting compounds (refrigerants [CFC's]) from "White Goods" as described in Section 1.4 of the Definitions. Upon payment of said price in advance by the resident or the Borough, the contractor will cause the refrigerants to be removed from the equipment and the equipment disposed of in accordance with the contract.

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IV. CONTRACTOR'S PROPOSAL FOR RESIDENTIAL MUNICIPAL

SOLID WASTE AND RECYCLING COLLECTION

BOROUGH OF WEISSPORT, CARBON COUNTY, PENNSYLVANIA

TO: Borough of Weissport

FROM: _______________________________________________________________________

(Individual) or (Partnership) or (Corporation duly organized under the laws of the

State of ____________________) or (Joint Venture of

(CROSS OUT NON-APPLICABLE WORDS)

The Undersigned, having carefully read and considered the terms and conditions of the

Contract Documents for Municipal Solid Waste Collection, Transportation, Disposal and for the

Borough of Weissport, does hereby offer to perform such services on behalf of the Borough, of type and quality and in the manner described, and subject to and in accordance with the terms and conditions set forth in the Contract Documents at the rates hereinafter set forth:

RESIDENTIAL TRASH

and

HOUSEHOLD CONSUMABLE RECYCLING SERVICE

ONCE PER WEEK

The contract requires the collection, transportation, and disposal of Municipal Solid Waste and household consumable recycling from approximately 200 residential units. Contractor is to supply mechanical containers for residential disposal.

Term Amount of Bid

One Year Contract

TOTAL PRICE FOR ONE (1) YEAR

(January 1, 2027 - December 31, 2027) Trash Service

$ To Be Completed on PennBid

Two Year Contract

TOTAL PRICE FOR TWO (2) YEARS

(January 1, 2027 - December 31, 2028) Trash Service

$ To Be Completed on PennBid

Three Year Contract

TOTAL PRICE FOR THREE (3) YEARS

(January 1, 2027 - December 31, 2029) Trash Service

$ To Be Completed on PennBid

The bidder hereby represents as follows:

1. That he/she/it has carefully examined the contract documents and thoroughly understands their stipulations, requirements and provisions.

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2. That no officer, agent or employee of the Borough of Weissport, Carbon County, is personally interested, directly or indirectly, in this proposal and accompanying contract or the compensation to be paid hereunder.

A bid bond, together with a Consent of Surety, in the amount of ten percent (10%) of the amount of the first year lump sum price, is uploaded with this proposal as required security.

The cost of any work performed, materials furnished, services provided or expenses incurred for work called for in the contract documents but for which no special compensation item has been provided, shall be deemed to have been included in the bid price.

Attest: ______________________________ ____________________________________ Signature of Bidder

Name of Bidder

Title of Signatory

Company

Address of Bidder

Email of Bidder

Phone Number of Bidder

Date

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V. CONTRACT

THIS AGREEMENT, made this ________ day of ________________, 2026 by and between the Borough of Weissport, in the County of Carbon, and Commonwealth of

Pennsylvania, a Municipal Corporation, hereinafter referred to as the "BOROUGH"

AND

____________________________________ hereinafter referred to as the "CONTRACTOR";

WHEREAS, the BOROUGH has advertised for bids for the collection, transportation, and disposal of Municipal Solid Waste generated within the BOROUGH for a period of ______ years and General Conditions have been set forth, which conditions are incorporated herein by reference; and

WHEREAS, a proposal dated ________________ in accordance with such advertisement and conditions has been submitted by the CONTRACTOR, said Proposal being incorporated herein by reference; and

WHEREAS, BOROUGH and CONTRACTOR are desirous of entering into a Contract one with the other in accordance with said Proposal.

NOW, THEREFORE, in consideration of the following mutual agreements, it is understood and agreed as follows:

1. CONTRACTOR is hereby granted the sole and exclusive franchise, license and privilege within the BOROUGH and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to provide for the collection, transportation, and disposal of Municipal Solid Waste as specified and to perform all of the work called for and described in the Contract Documents.

2. The Contract Documents shall include the following documents, and this Contract does hereby expressly incorporate same herein as fully as if set forth verbatim in this Contract:

a. Notice to Bidders

b. Instructions to Bidder

c. General Conditions

d. Contractor's Proposal

e. Bid Insurance Certification Declaration

f. Bid Bond

g. This Instrument

h. Non-Collusion Affidavit of Prime Bidder

i. Commercial unit collection (No. 13, Ex "A")

j. Any addenda or changes to the foregoing documents agreed to by the parties hereto.

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3. All provisions of the Contract Documents shall be strictly complied with and conformed to by the CONTRACTOR, and no amendment to this Contract shall be made except upon the written consent of the parties, which consent shall not be unreasonably withheld. No amendment shall be construed to release either party from any obligation of the Contract Documents except as specifically provided for in such amendment.

4. This Contract is entered into subject to the following conditions:

a. The BOROUGH shall have no duty or responsibility whatsoever to see that every person or residential establishment within the BOROUGH shall be a customer of the CONTRACTOR.