INTRODUCTION TO PENNBID

The Municipality is utilizing the PennBid (www.PennBID.net) electronic procurement program for their municipal waste contract. BID documents are available online at https://pennbid.bonfirehub.com. All Q&As shall be submitted electronically via the “Ask a Question” feature in PennBID and responses are posted on the website. Sealed BIDS can be submitted and updated online. Interested bidders need to register, a free process that takes only a few minutes. Once registered, bidders have access to fill bid solicitations from every agency within PennBID. Bidders can obtain all project documents and submit and update their confidential BIDs online.

1.1 Sealed BID Confidentiality

The confidentiality of the sealed BID program is a cornerstone of the PennBID Program. At no time before BID opening can anyone see your electronic BID proposal.

1.2 Documents

All documents may be downloaded directly to your computer from the PennBid portal.

1.3 Being Added to the ‘Bidder List’

By downloading any document, you are automatically added to the list of bidders for this solicitation.

1.4 Clarifications

By clicking on the “Ask a Question” feature, you can see all questions that have been asked and answered related to this solicitation. You can also ask questions directly through this tab. When the agency answers the question, notification is emailed directly to all bidders who have registered with and downloaded documents for this project.

1.5 Submitting and Updating BIDs

Proposals may be withdrawn, altered or otherwise modified within PennBid anytime up to the BID due date and time by clicking on the Prepare your submission’ button. You need only to provide the per unit price. The PennBID Program will automatically calculate the extended price. You can update any lie item without affecting the rest of your quote.

1.6 Important Note No.1

Upon request, bidders will need to submit all documents (BID form, bonds, etc.) in original form with signatures to the agency within two (2) business days. These documents can be found in the folder ‘Supporting Documentation’.

http://www.pennbid.net/ https://pennbid.bonfirehub.com/

1.7 Submitting Your BID

The ‘Prepare your submission’ button contains the electronic BID form. All Per Unit Price fields must be filled out. To no-bid a line item, insert a zero (0). The PennBID platform will automatically complete the line extensions and BID totals. At the bottom of the page, check the Verification Statement and click Submit BID. Completed BID forms can be printed or saved

1.8 Submitting a BID Bond

An electronic copy of the BID Bond must be included with the BID. Your bonding company can provide an electronic file.. The Proposal bond will be attached to your BID submission when the file is uploaded

1.9 Verifying that your BID was Submitted

If submitted properly, you will receive an email acknowledgement..

1.10 Withdrawing Your BID

Proposals may be withdrawn, altered or otherwise modified within PennBid anytime up to the BID due date and time by simply checking on ‘Withdrawal BID’, located at the bottom of the Project Details page.

1.11 Help Guides

Instructions for the PennBid system can be found at https://pennbid.net/vendor-training-documents/. For assistance contact PennBid at info@PennBid.net or by phone at 610-693-4769 option 1.

1.12 Important Note No.4

All technical questions regarding the use of PennBID should be directed to PennBID Support, not to the Municipality.

https://pennbid.net/vendor-training-documents/ https://pennbid.net/vendor-training-documents/ mailto:info@PennBid.net

INSTRUCTIONS TO BIDDERS

2.1 Mandatory Pre-BID Conference

A pre-BID conference will be held on Thursday, January 22nd, 2026 at 12:00 PM (EST) in the Troxell Council Chambers located at the Gettysburg Borough Municipal Building, 59 East High Street, Gettysburg, PA 17325. Overflow parking will be free at any on-street metered space on East High Street between South Stratton Street and Baltimore Street.

Attendance at this pre-BID conference is mandatory to be eligible to place a BID on the contract.

2.2 BIDS

Contract documents shall consist of the advertisement for BIDs, instructions to bidders, general and specific requirements/specifications, BID forms, solid waste ordinance, the non-collusion affidavit, the Public Works Employment Verification form, W-9 Form, and others which may be required, all of which are hereto attached.

Bidders shall inform themselves of all conditions under which this work is to be performed, and all other relevant matters that may affect both the quantity of work and the quantity of labor, equipment, and materials needed to successfully complete the work.

The bidder shall make its own determination as to conditions, and shall assume all risks and responsibilities, and shall complete the work in and under conditions it may encounter or create, without extra cost to the Municipality.

The bidder agrees that if it should execute the contract, it shall make no claim against the Municipality because of estimates, or statements, made by any agent of the Municipality which may prove to be in any respect erroneous.

The failure, or omission, of any Bidder to receive or examine, any form, instrument, addendum, or other document shall in no way relieve the Bidder of any obligations with respect to its BIDs or to the Contract.

2.3 PennBID Submission Required

All BIDs shall be submitted on the forms hereto attached and uploaded to the PennBID system, which may not be changed, modified, deleted, or added to in any manner whatsoever, nor shall any written or printed communications be added thereto nor submitted therewith.

Please note, that some BID forms may request a response for various service options. Any BID Form response must include a response for ALL of the service options listed on the BID Form.

Relevant BID information must also be entered in all required electronic fields on the PennBID system.

2.4 BID Bonds

BIDS must be accompanied by a certified check or BID bond with responsible corporate surety payable to the order of the Borough of Gettysburg in an amount equal to ten (10%) percent of the annual BID amount.

The BID bond must remain in effect for at least one hundred twenty (120) days from the date of BID opening. Any BID submitted without a BID bond will not be considered in this BID process. Failure or refusal to negotiate in good faith or enter into a contract or withdrawal of the BID prior to acceptance, or other similar action by the bidder named herein within the specified timeframe will result in forfeiture of the BID bond as liquidated damages to the Municipality. Additionally, the check or BID bond shall be forfeited to the Borough of Gettysburg in the event the Contractor fails or refuses to enter into the contract and to post Performance and Payment Bonds as hereinafter specified – not as penalty, but as just and liquidated damages for the delay and additional costs or expenses incurred by the Municipality by reason of failure to execute the contract and give bond as required.

The certified checks or BID bonds of the unsuccessful bidders will be returned after the contract is awarded and the check or BID bond of the successful bidder is returned after the execution of the contract and bonds. The Municipality shall not be liable for any interest on any BID deposits.

All bonds shall be in the form prescribed by the Contract Documents, except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of ‘Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies’ as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury, and who are legally authorized to do business in the Commonwealth of Pennsylvania. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond.

If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of this Paragraph, Contractor shall promptly notify the Municipality and within twenty (20) days after the event giving rise to such notification provide another bond and surety.

2.5 Non-Collusion Affidavit

The process in the BID are neither directly, nor indirectly, the result of any agreements with any other bidders. All bidders must sign and upload the attached non-collusion certificate as part of their BID package.

In accordance with the Pennsylvania Anti-BID Rigging Act that became effective on October 23, 1983, the Municipality requires each bidder to complete and file a Non-Collusion Affidavit. The Affidavit is to be completed as follows:

A. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on process and the amount quoted in the BID.

B. BID rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of BIDs are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself/herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of the

BID.

C. In the case of a BID submitted by a partnership or other joint venture, each party to the venture must be identified in the BID documents, and an Affidavit must be submitted separately on behalf of each party.

D. The term ‘complementary BID’ as used in the Affidavit has the meaning commonly associated with that term in the bidding process and includes the knowing submission of BIDs higher than the BID of another firm, any intentionally high or noncompetitive BID, and any other form of BID submitted for the purpose of giving a false appearance of competition.

E. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the BID.

2.6 Indemnification

The successful Collector (including any subcontractors) hereby agrees to hold harmless and fully indemnify Municipality named herein and all their officers or agents from all damages, costs, or expense that may be at any time imposed or claimed for infringement of any patent right or any persons, association or corporation as a result of the use of the Municipality or any of their officers, agents, or employees, or the article(s) supplied under this Contract and of which the successful Collector is not the patentee, assignee, or licensee.

2.7 References

The prospective Collector shall provide a detailed description of similar services or contracts in which the Collector is presently involved or has completed during the past five (5) years. In particular, the prospective Collector shall reference company experience with public entities.

Information to be provided shall include names, titles, and phone numbers for relevant past performance references. The Municipality may conduct such investigation as the Municipality deems necessary to establish the competence, reliability, responsiveness, qualifications, and financial ability of the Collector.

2.8 Reservations and Annulments

Based on the aggregate BID price proposed, Municipal Officials will determine who is the lowest responsible and responsive bidder based on the BIDs submitted and reserve the right to reject any or all BIDs and may re-advertise if it is deemed to be in the best interest of the Municipality. Said Municipal Officials also reserve the right to waive technical defects, if, in their judgement, the interest of the Municipality shall so require; also, the right to cancel and annul any contract, if, in their 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 Municipality articles or services 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 Municipality to damages for the breach of any of the covenants of the contract by the Contractor. No proposal may be considered from any person, firm, or corporation, who has defaulted in the performance of any contract or agreement made with the Municipality or conclusively shown to have failed to perform satisfactorily in any such contract or agreement.

A. Review of BIDs – The Municipality reserves the right to, without limitation, reject any or all BIDs, including, without limitation, the right to reject any or all nonconforming, nonresponsive, or conditional BIDs, and to reject the BID of any bidder if the Municipality believes that it would not be in the best interest of the project to make an award to that bidder, whether because the BID is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria required by the Contract Documents. The Municipality also reserves the right to waive all irregularities or informalities not involving price or time.

To be determined responsive and responsible, a prospective Collector must:

1) Have prior experience in contracts of similar scope,

2) Have adequate financial resources to perform the Contract, or the ability to obtain them,

3) Be able to comply with the required or proposed delivery or performance schedule,

4) Have a satisfactory performance record,

5) Have a satisfactory record of integrity and business ethics,

6) Have the necessary organization, experience, accounting, and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as quality assurance measures, and safety programs applicable to services to be performed by the prospective Collector), and

7) Have adequate plans, staff, and equipment to do the work properly and expeditiously.

B. No award shall be made to any bidder who, in the opinion of the Municipality, is in default on any BID, purchase order, or contract with the Municipality prior to the date of the BID under consideration.

C. Any BID that fails in any way to meet the terms of the services requested in full will be deemed unresponsive and will be rejected. The decision of the Municipality shall be final.

2.9 BIDs Remain Subject to Acceptance

BIDs shall remain open for a period of up to one hundred twenty (120) days from the date of BID opening, unless award is delayed by a required approval from the governmental agency, the sale of bonds or notes, or the award of a grant or grants, in which event the BIDs shall remain open for a period of no more than one hundred eighty (180) days from the date of BID opening. The Municipality with either award the Contract within the applicable time period or reject all BIDs, returning the BID bond to the bidders. Thirty (30)-day extensions of the date for the award may be made by the mutual written consent of the Municipality and the apparent successful Collector.

2.10 Contract and Performance Bond

The Contract will be awarded to the lowest, responsible and responsive bidder. The successful bidder shall, within fifteen (15) days after notification of award, enter into a written contract with the Municipality and shall furnish Performance and Payment Bonds issued by an approved surety company authorized to do business in the Commonwealth of Pennsylvania, in the amount of one hundred (100%) percent of the annual BID price, conditioned that the Contractor shall comply with the terms and conditions of the contract, and their obligation thereunder, including the specifications, and shall indemnify and save harmless said Municipality against or from any and all costs, expenses, damages, injury or loss to which said Municipality may be subjected by reason of any wrongdoing, misconduct, want of care or skill, negligence, or default upon the part of the Contractor, his agents or employees, in or about the execution of performance of the Contract, including said specifications, and shall indemnify and save harmless said Municipality against and from any and all liability demands, or claims against it or losses to it from any cause whatever, including, but not limited to, patent infringements in the matter of completing said contract, said bond to be subject to the approval of the Municipal Solicitor. In case of failure or refusal on the part of the bidder to enter into said Contract and file the aforesaid bond within twenty (20) days of the Notice of Award, the amount of the check or BID bond will be forfeited and paid to the.

A. Execution of Agreement and Furnishing Bonds – When the Municipality gives a Notice of Intent to Award to the apparent Successful Collector, it will be accompanied by three

(3) unsigned counterparts each of the Agreement (each with a copy of the BID submission), W-9 Form, Public Works Employment Verification Form, and any other document(s) requested to be completed by the Municipality.

Within fifteen (15) days thereafter, apparent Successful Collector shall sign and deliver to the Municipality the three (3) signed counterparts of the Agreement accompanied by the completed W-9 Form, completed Public Works Employment Verification Form, required insurance certificate(s), and any other document(s) requested to be completed by the Municipality. The Contract may be cancelled at the sole and absolute discretion of the Municipality if the apparent Successful Contractor does not execute and deliver to the Municipality the Agreement together with the required Bond, W-9 Form, Public Works Employment Verification Form, and insurance certificate(s), with in fifteen (15) days from the date of the Notice of Intent to Award; Bidder shall be considered in default, and the full amount of its BID bond shall be forfeited.

2.11 Assigns, Sublets

No Contract may be assigned, sublet, or transferred with prior written consent of the Municipality.

2.12 Interpretation

Any explanation regarding the meaning or interpretation of specifications or other Contract Documents must be requested in writing electronically via the “Ask a Question” feature in PennBid at least seven (7) days prior to the submission deadline. Questions received after seven (7) days prior to the date of BID opening may not be answered. Only questions answered by formal written addenda will be binding. A bidder who fails to acknowledge receipt of any such addenda with its BID, will be construed as though the addendum had been received and acknowledged. Oral explanations or interpretations made prior to the BID opening shall not be binding. All bidders should visit the work sites to ascertain pertinent local conditions by inspection.

2.13 Modification or Withdrawal of BIDs

Proposals may be withdrawn, altered or otherwise modified within PennBidat any time prior to the bid due date and time.

After the BID opening, bidder may withdrawal their BID only by complying with applicable Federal, State, or Local laws and regulations. Unless prohibited by such applicable laws and regulations, or if there are no applicable laws and regulations, bidders shall forfeit the entire amount of BID security upon withdrawal of its BID.

After BID opening, bidder may withdraw its BID, without forfeiture of BID security, if bidder submits credible evidence that there is an error in its BID and such error was a clerical mistake as opposed to a judgement mistake and was due to an unintentional arithmetical error or an unintentional omission of a substantial quantity of the work – provided:

1. Notice of claim of the right to withdraw BID is made in writing to the designated representative of the Municipality within two (2) business days after opening of BIDs and

2. The withdrawal of the BID will not result in the awarding of the Contract on another BID of the same bidder, bidder’s partner, or a corporation or business venture owned by bidder or in which bidder has a substantial interest.

A bidder which is permitted to withdraw a BID shall not supply any products or labor to, or perform any subcontract or other work for, any entity awarded the Contract or subcontract for performance of the work for which the withdrawn BID was submitted.

2.14 Public Works Employment Act

The successful Collector shall comply with the Pennsylvania Public Works Employment Verification Act (Act 127 of 2012), as it relates to public works contractors requiring to verify that newly hired employees are authorized to work in the United States, for certain public works contracts estimated to be in excess of One Hundred Thousand Dollars ($100,000). In the event the amount of the BID is in excess of One Hundred Thousand Dollars ($100,000) the bidder is required to submit a completed Public Works Employment Verification Form to the Municipality as a condition of award of the Contract.

2.15 Warranty

Bidders shall warrant that they are in compliance with all pertinent Federal, State, and Local laws, regulations and ordinances and will obtain and maintain all necessary permits. The bidders further warrant that they will comply with all such pertinent Federal, State, and Local laws, regulations and ordinances in carrying out the requirements of any contract awarded by the Municipality.

Additionally, bidders shall warrant they possess the necessary equipment, materials, and labor needed to carry out the requirements of any contract awarded by the Municipality. Certification of such warrants shall be made within fifteen (15) days notification of award of the Contract.

2.16 Bidder’s Representation

In submitting this BID, bidder represents and warrants that the bidder has:

a. Examined and carefully studied the Contract Documents, including any addenda, and the related information in the Contract Documents,

b. Become familiar with and is satisfied as to all Federal, State, and Local laws and regulations that may affect cost or the performance of the work,

c. Promptly given the Municipality written notice of all conflicts, errors, ambiguities, or discrepancies that bidder discovered in the Contract Documents and confirmed that the written resolution thereof by the Municipality is acceptable to the bidder, and

d. Determined that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of the work; and carefully studied and correlated the information known to bidder, and information and observations obtained from bidder’s visits, if any, to the Municipality, with the Contract Documents.

2.17 BIDs Open Period

BIDs will be accepted until 1:00 PM EST on Friday, February 13th, 2026 via the PennBID system.

The BIDs will be opened online at 1:30 PM EST on Friday, February 13th, 2026. Appointed representatives of the Municipality will be present for and participate in the opening of BIDs. The Municipality shall take separate action at a special or a regular meeting on these BIDs and reserves the right to reject any or all BIDs and waive any irregularities in the best interest of the Municipality.

As of the posting of this BID opportunity, it is the intent to award a Contract to a Collector on Monday, March 9th, 2026 at the Borough Council’s regular 7:00 PM EST monthly business meeting.

2.18 Length of Contract

The BIDs shall be for the collection and disposal of Municipal Solid Waste and recyclable materials collected from dwelling units1 within the corporate limits of the Borough of Gettysburg, Adams County, Pennsylvania – for a four (4)-year period.

• The Contract will begin on Wednesday, April 1st, 2026.

• The Contract will terminate on Sunday, March 31st, 2030 o The Contract may be extended by one (1) additional year through Monday, March 31st, 2031 upon mutual and written agreement between the Contractor and the Municipality.

▪ In such case as a Contract extension, the Municipality signifies its desire to extend by notice to the Contractor no later than one hundred eighty (180) calendar days prior to the expiration of the basic terms of the Contract, and

▪ The Contractor has not signified its desire not to extend by notice to the Municipality no later than one hundred eighty (180) calendar days prior to the expiration of said Contract.

NOTE: If the Contract is extended for one (1) additional year, there will be no fee increase associated with the extension (i.e. the collection rates in place on March 31st, 2030 will be held steady through March 31st, 2031).

2.19 Court Determination

Should any provision of the Contract documents as defined herein be deemed by any court of competent jurisdiction to be void or unenforceable for any reason, such determination shall not affect the other rights, duties, and obligations of the parties as set forth herein.

1 More specifically defined in Section 3 (General Conditions and Specification).

14. Advertisement for BIDs

15. Instructions to Bidders

16. General Requirements / Specifications

17. Specific Requirements / Specifications

18. Solid Waste Ordinance

19. Non-Collusion Affidavit

20. Public Works Employment Verification Form

21. W-9 Form

22. BID Bond

23. Indemnification Letter

24. Contract

25. Performance Bond

1. Notice of Intent to Award Form

2. Warranty Form

3. Bidders Representation Form

4. Questionnaire

5. Self-Performance Requirement Form

6. Financial Statement

7. Scope of Work

8. Insurance Requirements

9. Recycling Statement

10. Acceptance of Award Form

11. BID Form

12. Street Can Inventory

13. Municipal Services Requirements

2.20 Self-Performance Requirement

Successful Collector shall be required to self-perform at least 75% of the work associated with the Municipal Solid Waste and Recycling collection. In no event shall a subcontractor(s) perform more than twenty-five (25%) percent of the work associated with the Municipal Solid Waste and Recycling collection. The Collector shall inform the Municipality of any work performed by a subcontractor.

2.21 Post-BID Meeting

A mandatory post-BID meeting will take place with the successful bidder at a time and location to be announced.

2.22 Tax Exemption

The Municipality is EXEMPT from all excise taxes as well as Pennsylvania State Sales Tax. No tax shall be included in the BID price. However, the bidder is not exempt from obligation to follow appropriate tax laws in the procurement of materials or services used in the performance of this Contract.

A Gettysburg Borough tax-exemption form will be provided to the successful Contractor at the time of the signing of the Contract.

2.23 Miscellaneous

All BIDs shall be submitted on the forms and in the manner hereto attached, which may not be changed, modified, deleted, or added to in any manner whatsoever. All BID prices shall be stated in numerals and, if required, in words. Completed BID forms shall be uploaded to the PennBID system in the manner prescribed by PennBID. Additionally, bidders are required to complete all relevant electronic fields on the PennBID system, as prompted by the system. Subject to the Municipality’s right to correct a bidder’s mathematical totals, a discrepancy between the word and numeral will be resolved in favor of the word.

2.24 Contract Documents

The following is a representative listing of the documents found in this BID package:

GENERAL CONDITIONS

3.1 Financial Statement

Each BID shall be accompanied by a full and complete notarized statement certifying the financial condition of the bidder. For these purposes, the most recent IRS tax filing for the preceding year shall suffice.

3.2 Plans and Specifications

Each bidder must furnish one (1) set of general plans and specifications setting forth the equipment, size of work crew(s), times of collection in accordance with all local ordinances, routing, and methods proposed for collecting, receiving, transporting, conveying, handling, and disposing of solid waste and recyclables, in particular, for the elimination and control of nuisances, to ensure that neither objectionable odors, noxious gases nor putrescent liquid shall escape during or after the process of collection, treatment or disposal to the extent of constituting a public nuisance or hazardous or toxic waste. In addition, the bidder shall submit a sworn statement stating that they will abide by all ordinances, rules, and regulations of any municipality, providing for making available landfill or other disposal facilities, and of any other governmental unit having jurisdiction thereof.

3.3 Approval of Plant or Disposal Area

The location of the plant or disposal area which the bidder proposes to use in the disposal of garbage, ashes and refuse shall meet the approval of the Municipal Officials.

3.4 Collection of Fees (Invoicing Customers)

The selected waste hauler shall be responsible for invoicing all customers on a quarterly basis for services rendered within the Borough. All billing, collection, and administration of fees associated with waste and recycling services shall be the sole responsibility of the waste hauler.

The Municipality shall have no obligation or liability related to the invoicing or collection of such fees, and all revenues collected for services provided under the BID shall be retained by the waste hauler in accordance with the terms of the agreement.

At a future date, the Municipality and the selected waste hauler may engage in discussions regarding an alternative billing arrangement under which the Municipality would collect service fees on behalf of the waste hauler. Under such an arrangement, the Municipality would retain an agreed-upon administrative fee for providing this service. Potential benefits of municipal fee collection include improved accuracy and oversight in tracking the number of dwelling units within the Borough utilizing parcel data and rental unit data that the Borough maintains and updates on a regular basis, thereby supporting more consistent billing and long-term program administration.

3.5 Time of Commencement

The Contractor shall begin work for the collection, transportation, processing and disposal of solid waste and recyclable materials on April 1st, 2026, through and including March 31st, 2030.

3.6 Bidder’s Responsibility as to Number of Dwelling Units

The BID under this proposal shall be for a monthly rate per dwelling unit. All bidders are advised and cautioned that the Municipality makes no warranty as to the number of dwelling units within the Municipality now or at any time in the future. Future Growth currently anticipates, but is not guaranteed, 180+ dwelling units on parcel(s) bounded by Carlisle Street, North Stratton Street, Foth Alley, and the CSX Railroad track. It will be the responsibility of the successful bidder to ascertain the number of dwelling units from time to time and to deliver the information to the Municipality. As the bid under this proposal is for a monthly rate per dwelling unit, nothing herein is to be construed as a warranty as to the number of dwelling units or the gross amount which may be received at any time by the successful bidder. For bidding purposes, the current number of customers is 1233.

3.7 Taxes

All present and future state and/or local taxes (excluding landfill tipping fees) imposed on solid waste collection and/or recyclables and/or disposal will be handled on a pass-through basis and are not to be included in the BID.

3.8 Leaf Collection

Collection of leaf waste will be provided by the Municipality according to Act 10 of 1988 as described in Chapter 1, Section 103, Leaf Waste, of said Act and further described in Chapter 15, Section 1052(a), and will not be a part of this contract.

3.9 Single-Stream Recycling Tonnage Reporting and Performance Requirements

Single-stream recycling and accurate reporting are important to the Municipality because they increase resident participation, improve collection efficiency, and provide reliable data to measure recycling performance – which verifies the Municipality’s compliance with state laws and federal mandates as well as provide financial relief to the Municipality in the form of grant awards.

Consistent tonnage reporting allows the Municipality to track diversion rates, comply with state reporting requirements, and evaluate contractor performance. Accurate data also supports long-term planning, cost control, and informed policy decisions related to waste reduction and sustainability goals.

3.10 Reporting Requirements

The Contractor shall collect recyclable materials using a single-stream recycling system and shall measure, track, and report all recyclable materials collected under this Agreement. Reports shall be submitted to the Municipality on a quarterly basis, no later than thirty (30) calendar days following the end of each calendar quarter.

3.11 Report Contents

Each quarterly report shall include, at a minimum:

1. Total tons (reported to two decimal places) of single-stream recyclable materials collected during the reporting period;

2. A post-processing breakdown of recyclable materials by material type (e.g., fiber, containers, metals, plastics, glass), if available from the material recovery facility (MRF);

3. The name and location of the Material Recovery Facility (MRF) or other recycling facility receiving the materials;

4. Certified scale weights or facility receipts supporting all reported tonnage; and

5. The reporting period covered and the date of submission.

3.12 Certification of Accuracy

All reports shall be certified as accurate and complete by an authorized representative of the Contractor. Reported tonnage shall be based on actual scale weights obtained from permitted recycling facilities and shall not be estimated unless expressly approved in writing by the Municipality.

3.13 Audit and Verification

The Municipality reserves the right, upon reasonable notice, to audit or review records related to single-stream recyclable collection, including scale tickets, MRF reports, and hauling records, to verify the accuracy of reported tonnage.

3.14 Penalties for Inaccurate or Late Reporting

1. Late Submittals: Failure to submit a quarterly report by the required deadline may result in a penalty of $25 per calendar day, not to exceed $750 per reporting period.

2. Inaccurate Reporting: If an audit or review determines that reported recyclable tonnage is inaccurate by more than ± five (5%) percent, the Municipality may assess a penalty of $750 per occurrence, in addition to requiring corrected reports.

3. Repeated Non-Compliance: Repeated failure to submit accurate and timely reports (two or more occurrences within a twelve-month period) shall constitute a material breach of the Agreement and may result in additional remedies, including withholding of payments or contract termination.

3.15 Records Retention

The Contractor shall retain all records related to single-stream recyclable tonnage reporting for a minimum of three (3) years, or longer if required by applicable law, and shall make such records available to the Municipality upon request.

GENERAL REQUIREMENTS

4.1 Scope of Work

The work to be performed under this Contract shall consist of all items contained in the BID forms, including the provision of all labor, equipment, materials, tools, insurance, supervision, and all other items necessary to provide the service as set forth in the specifications attached hereto (the "Work").

As part of the Scope of Work, the Collector shall provide a management plan and approach for satisfactory performance of the Contract. An organizational chart shall be included showing the roles and responsibilities of personnel involved in management of the Contract and their contact information. A description of the collection vehicles proposed to be used shall be included, in addition to a description of the Customer Service Center operations and procedures for resolving customer complaints. The Collector shall provide specific detail on the process utilized to update/inform personnel involved in the collection of the waste and recycling as to current customer locations.

The Collector shall educate all employees involved in the management/servicing of the Contract as to the specific requirements of the Municipality. This information shall also be readily available to all customer service representatives and shall be posted to the Collector's website showing specific services available for customer sign-up. The Collector shall also provide a proposed mobilization schedule (public announcements, container distribution, and other key milestones) and overview of its public education and community outreach program starting from the date of Contract award.

4.2 Collection

Specific requirements, pertaining to the individual municipality is contained herein as attachments

(BID Form). The Collector shall inform, in writing, all Municipal Officials and all customers, dwelling, or conducting business within the Municipality named herein of the options for service and prices provided for under the terms of the Contract during the entire term of the Contract. The Collector shall also make this information available on its website no later than twenty (20) days following the notice of award to the Collector.

4.3 Covered Devices (Electronic Recycling)

The Collector shall work with the Municipality to jointly establish locations and days of collection for Covered Device Recycling Events. For the purpose of this Contract, covered devices are not considered large items and shall be handled separately from other solid waste materials.

4.4 Large Item (Bulk) Curbside Pick-Up

Customers may put one large item out for pick-up by the Collector every week. The exception to weekly curbside pick-up is any item containing Freon, such as refrigerators, air conditioners, tires, Christmas Trees, etc. For pick-up of these items, customers must call the Collector to schedule the pick-up date. The Collector shall remove these items on the date scheduled with the customer and/or municipality. The scheduled pick-up date shall be within one week of the customer's call. The Collector shall, in writing, inform all customers about the large item program and remind current customers on a semi-annual basis. This notice is to be placed on customers' billing invoices. The Collector shall also make this information available on its website no later than twenty (20) calendar days following the notice of award to the

Collector. For the purpose of this contract, covered devices are not considered large items.

4.5 Collection Equipment and Collection Containers/Toters

Trucks used in making the municipal solid waste collections shall have completely enclosed and leak-proof bodies. ONLY SIDE - OR REAR-LOADING COLLECTION TRUCKS SHALL BE USED FOR

COLLECTION UNDER THIS CONTRACT. Trucks collecting recyclable materials can be of open compartment type with suitable tarp covers. The Collector shall not mix recyclable materials with solid waste.

Any truck used to collect both, solid waste and recyclables, must have a substantial physical barrier to separate the two materials. Collectors shall exercise care to avoid issues with littering and shall be held responsible for the remediation of any such littering issues.

All trucks must be clearly marked with the Collector's name and telephone number. All trucks must be kept clean and in properly licensed and inspected operating condition. The Municipality reserves the right to inspect any vehicle for compliance with the Contract provisions.

The Collector shall provide a sufficient number of collection vehicles to properly maintain collection schedules. In addition, the Collector shall have sufficient back-up capability in case of breakdown and adequate repair facilities so that broken-down equipment can be repaired to ensure no delay or hindrance to collection operations.

It is at the sole discretion of the Collector as to whether they will permit closed, single bags, to be picked up that are not in a collection container/tote. It is expected that if the Collector utilizes an open truck to collect trash, that bags at the curbside will be collected. However, if it is the decision of the Collector that refuse will be collected utilizing a mechanical arm, that in this case, the Collector must provide a refuse receptacle (container/tote) to be placed curbside. In this case it will be the Collector’s responsibility to communicate and educate the patron as to the method in which the Collector intends to collect curbside placed refuse.

4.6 Processing/Disposal of Municipal Solid Waste

During the terms of this Contract all municipal solid waste materials collected from the Municipality shall be disposed of at a designated contracted Municipal Waste Processing/Disposal Facility operated in accordance with state regulations and named in the Adams County Municipal Solid Waste Management

Plan. The Collector shall be in compliance with the Adams County Municipal Solid Waste Management

Plan, any ordinances, or rules and regulations as required by the County and other regulatory agencies or jurisdictions.

4.7 Recycling

The Collector shall provide commingled weekly recycling collection on the same day as refuse collection. The Collector shall notify each customer, in writing, of the types of materials required by municipal ordinance, or agreed upon by the Collector and the Municipality to be separated in the program, where to place them for collection, and what containers to use, how often they will be collected, and other responsibilities. The Collector shall inform, in writing, all customers about the recycling program, as well as recycling requirements, on a semi-annual basis. This notice is to be placed on customers' billing invoices. The Collector shall also make this information available on its website no later than twenty (20) days following the notice of award to the Collector.

The Collector shall collect recyclable materials, as defined herein, in properly identified containers starting at the outset of the recycling program and continue throughout the term of the Contract, unless the type of materials to be collected and the containers they are placed in to be collected are changed by joint agreement between the Municipality and the Collector. The Collector shall not mix recyclable materials with solid waste. Any truck used to collect both, solid waste and recyclable materials, must have a substantial physical barrier to separate the two materials.

4.8 Bins for Recyclable Materials

Bins for recyclable materials shall be provided, free of charge, to customers who request new ones or who do own bins that are compatible with the Collector’s equipment used to collect recyclable items.

Customers may continue to use the recycling bins they currently own, or any container that is properly identified as a recycling container if the container is compatible with the Collector’s collection equipment.

4.9 Disposition of the Recyclable Materials

The Collector may elect to store, handle, process, and/or market and sell the collected recyclable materials.

4.10 Collection Point Locations

Said locations shall normally be at the front curb or property lines along publicly adopted streets except, where feasible, collection may be made along publicly adopted alley ways. Residential Dwelling Units or Service Units not located along publicly adopted roads or located along weather-induced impassable roads may designate a pick-up station located along a publicly adopted road provided the location of the pick-up station is approved by the Municipality, Collector, and Owner(s) if on private property.

4.11 Methods of Collection

Municipal solid waste and recyclable material shall be picked up at the designated collection points and deposited into the collection truck with a minimum of noise and traffic delay. No municipal solid waste or recyclable material shall be spilled on the roads and streets of the Municipality and the Collector shall be held responsible for remediation of any such littering issues. The Collector shall take care not to damage containers, or property, belonging to residents of the Municipality, and in the event of willful or unnecessary damage to such containers, or property, the Collector shall be liable for the same. The Collector shall promptly notify the Municipality if any resident or property owner claims damage, other than reasonable wear and tear, to containers or property. The Collector shall respond to and resolve such claims in a timely manner. All emptied containers must be replaced in approximately the same location where the owners placed them. Customers shall place their solid waste and recyclable materials at the designated collection points on the evening before the scheduled collection day or in accordance with municipal ordinances regulating such activities. (The Collector shall notify customers of this requirement.)

The Collector shall immediately notify the Municipality of any collections which cannot be made on schedule and/or of collections not made at specific collection points because of containers not conforming to these specifications. If a regularly scheduled collection is missed, and a complaint is received by either, the Municipality or the Collector, and where no fault can be found on the customer's part, the Collector shall be required to make a special collection within fo1ty-eight (48) hours of notification.

The Collector shall make sure that collection trucks are maintained so as not to leak any liquids, leachate or vehicle fluids, on roadways or streets in the Municipality. The Municipality shall reserve the right to inspect any vehicle.

4.12 Ownership of Municipal Solid Waste and Recyclable Materials

Immediately upon the Collector's loading municipal solid waste or recyclable materials into any collection vehicle, ownership of such municipal solid waste or recyclable material shall be vested in the Collector, and it shall become his responsibility to haul, handle, process, sell and/or dispose of according to the terms of this Contract and in compliance with the County's Municipal Solid Waste Management Plan and according to regulations governing such under Pennsylvania law.

4.13 Time of Collection

Collection of municipal solid waste and recyclables at each collection point shall be made one (1) time each week in accordance with a schedule submitted by the Collector and approved by the Municipality.

Collections at each collection point shall be made between the hours of 7:00 a.m. and 6:00 p.m. (unless otherwise agreed upon by the Municipality) or in accordance with municipal ordinances regulating such activities, except in the case of mechanical breakdown or extreme or unusual circumstances.

The Collector is required to make a good-faith effort in providing the regularly scheduled collection;

however, if the Collector is unable to safely perform the collection because of severe weather conditions, the Collector shall do all of the following: notify the Municipality, post information on its website regarding the missed collection, provide automated customer notification through email/text alerts and automated calling system messages, and perform the collection on the next working day. If collection still cannot be safely performed the next working day because of continuing severe weather conditions, then it is understood that the Collector shall collect double the allowed containers the next scheduled collection day. This provision shall only apply to severe weather-related hazardous conditions.

The Collector shall provide each customer with a schedule/calendar showing the days of the week in which the municipal solid waste and recyclables will be collected. The Collector shall also provide this information on its website no later than twenty (20) days following the notice of award to the Collector.

4.14 Collection Reports

The Collector shall furnish to the Municipality on a quarterly basis an accurate report of the total monthly tonnage of municipal solid waste collected from the Municipality for processing/disposal under this Contract.

Additionally, the Collector shall furnish to the Municipality, on a quarterly basis, an accurate report of the total monthly amounts and types of materials recycled in each individual Municipality, inclusive of residential recycling, commercial recycling, and/or Covered Device recycling. The Collector shall maintain and, if requested by the Municipality, provide documentation of such as to be acceptable to the Pennsylvania Department of Environmental Protection in support of recycling grant awards to the Municipality.

Additionally, the Collector shall provide the Municipality, when requested, with a copy of their respective customer list(s) and provision of services.

4.15 Complaints

The Collector shall maintain and adequately staff a Customer Service Department call center to handle customer calls and complaints throughout the term of the Contract. Complaints shall be responded to within twenty-four (24) hours of notification. The Collector's call center shall use a computerized customer database that shall be updated by the Collector. The Collector shall generate an electronic record outlining all complaints received. The record shall contain: an identification number; date and time of initial call or contact; date and time of follow up; customer name, service address, and phone number; type of service request or complaint; Collector contact receiving request or complaint; action taken to satisfy request or resolve complaint; date and time of action taken. The Collector shall configure the computerized customer database that stores the service requests and complaint records so that records can be provided to the Municipality on short notice upon request. The

Collector shall summarize complaints on a quarterly basis and provide a report to the Municipality.

When complaints are received by the Municipality, the complaints shall be passed on to the