1-Nesquehoning Borough Sludge Hauling.pdf

NESQUEHONING BOROUGH

CARBON COUNTY, PA

REQUEST FOR PROPOSALS

FOR

2026 COLLECTION, TRANSPORATION, AND

DISPOSAL OF MUNICIPAL SLUDGE

Engineer's Project No. 11233.08

November 2025

ARRO Consulting, Inc.

1239 Centre Turnpike

Orwigsburg, PA 17961

11233.08 toc-i ARRO

NESQUEHONING B. – COLLECTION, TRANSPORTATION & DISPOSAL OF MUNI. SLUDGE

TABLE OF CONTENTS

TITLE PAGE NO.

PROPOSAL REQUIREMENTS

INVITATION TO BID 00010–1

INSTRUCTIONS TO BIDDERS 00100–1

REQUEST FOR PROPOSALS 00200–1

BIDDING FORMS

BID FORM 00300–1

BID BOND 00350–1

NON-COLLUSION AFFIDAVIT 00460–1

CONTRACT FORMS

AGREEMENT 00500–1

PERFORMANCE BOND 00610–1

PAYMENT BOND 00620–1

11233.08 00010-1 ARRO

DOCUMENT 00010

INVITATION TO BID

Project: 2026 COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SLUDGE: Request for Proposals (RFP) are for a one year contract (January 1, 2026 to December 31, 2026), with a qualified Contractor for full services to haul liquid municipal sludge produced from the Nesquehoning Borough’s WWTP.

The Work will be performed under one Contract.

Owner: NESQUEHONING BOROUGH 114 West Catawissa Street Nesquehoning, PA 18240

Engineer: ARRO CONSULTING, INC.

1239 Centre Turnpike Orwigsburg, PA 17961

Bids (Proposals) will be received online via the PennBid Program until 10:00 A.M. prevailing time on November 17, 2025, at which time they will be opened.

After bid opening, the results will be available for viewing on the PennBid website. Bids will be referred to committee, awarded or rejected at the Nesquehoning Borough Council meeting to be held at 6:00 P.M., prevailing time, on November 19, 2025.

No pre-bid meeting or site visit will be held.

Questions will be accepted until 3:00 P.M., prevailing time, on November 12, 2025; All questions must be submitted through PennBid.

Bid Documents and solicitation details are available online without charge, at https://pennbid.bonfirehub.com.

Reproduction of the Bidding Documents and placement on websites other than PennBid, is not permitted.

Bids may be modified or withdrawn at any time prior to the opening of Bids.

After the Bid opening, Bids may be withdrawn only by complying with Commonwealth of Pennsylvania laws and regulations. A summary of such laws and regulations is given in the Instructions to Bidders (Document 00100).

Bids shall remain open for a period of 60 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event the Bids shall remain open for a period of 120 days from the date https://pennbid.bonfirehub.com/

11233.08 00010-2 ARRO

of Bid opening. See Instructions to Bidders for other provisions on the time available for acceptance of Bids.

Each Bid must be accompanied by Bid security in the form of a certified check, bank check, irrevocable letter of credit, or Bid bond (on the form included with the Bidding Documents) for

(10) percent of the Bid total.

It is a requirement of this Contract that at least 50% of the Work be performed by prime Bidder’s own work force, not by subcontractor(s).

It is a requirement of this Contract that Bidder shall have a minimum (5) year, (5) project documented experience in the type of Work required by this Project.

Bidders, subcontractors, their workers and any persons providing labor and products to the Project shall be persons lawfully permitted to work in the United States and the Commonwealth of Pennsylvania.

The Owner hereby reserves the right, which is understood and agreed to by all Bidders, to reject any or all Bids and to waive any omissions, errors, or irregularities in any Bid.

Nesquehoning Borough Deborah DelFranco, Secretary

11233.08 00100-1 ARRO

DOCUMENT 00100

INSTRUCTIONS TO PROPOSERS/BIDDERS

Article 1 - Defined Terms

1.01 Terms used in these Instructions to Bidders.

A. Issuing Office – The office from which the Bidding Documents are to be issued and made available for sale, and where the bidding procedures are to be administered.

1. Issuing Office is the office of the Engineer whose name, address and phone number are listed in the Invitation to Bid.

B. Successful Bidder – The lowest, responsible and responsive Proposer/Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

C. PennBid – Bid management program, which is being used for bid solicitation for the Project. PennBid’s web address is https://pennbid.bonfirehub.com.

D. Bid and Proposal are synonymous.

E. Invitation to Bid and Request for Proposal are synonymous

Article 2 - Copies of Bidding Documents

2.01 Complete sets of the Bidding Documents may be obtained online at no cost via the PennBid Program (https://pennbid.bonfirehub.com).

2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, or Bidding Documents purchased from sources other than the issuing office.

2.03 Bids from prospective Bidders who have not obtained the Bidding Documents from the issuing office and who have not obtained complete sets of Bidding Documents will not be accepted.

2.04 Copies of Bidding Documents are made available on the above terms only for the purpose of obtaining Bids on the Work and not to confer a license or grant for any other use.

2.05 Digitizing and posting Bidding Documents on the Internet or on websites of prospective Bidders and other parties, or reproduction of Bidding Documents by others, is not permitted without Engineer’s approval.

https://pennbid.bonfirehub.com/

11233.08 00100-2 ARRO

Article 3 - Qualifications of Bidders

3.01 To demonstrate qualifications to perform the Work, Bidder shall submit with the Bid the qualification data indicated in the Invitation to Bid/RFP, the following Paragraph(s) of Article 3, and the Bid Form. Bidders shall also be prepared to submit, within five calendar days after the Bid opening date, upon Owner’s request, such additional data as may be pertinent to the Project.

3.02 The Bid of out-of-State Bidders and their Sub-bidder(s), if any, shall contain evidence of qualification to do business in the Commonwealth of Pennsylvania or covenant to obtain such qualification prior to and as a condition of award of a Contract.

3.03 Submission of financial information is not required with the Bid, but the Owner reserves the right to request such information as part of the Bid evaluation process.

3.04 It is a requirement of the Contract that Bidders shall have a minimum (5) year, (5) project documented experience in the type of Work required by this Project. Submit required documentation with the Bid.

3.05 Failure, or refusal, to submit documentation required by the Invitation to Bid, this Article 3, and the Bid Form will be reason for rejection of the Bid. Following are additional reasons for rejection of the Bid:

A. Failure to submit the Bid and other Bidding Documents, on the Bid Form.

B. Failure to sign the Bid Form.

C. Failure to include a unit/lump sum price for each item on the Bid Form, including Alternates.

D. The inclusion by Bidder of conditions or qualifications not provided for in the Bidding Requirements and Bidding Documents.

E. Submission of incomplete Bid Form or other required documents.

F. If the Bid Form contains any omissions, erasures, alterations, additions not called for, or irregularities of any other kind.

G. If any bid prices are obviously unbalanced.

H. Debarment by a Commonwealth agency, political subdivision, or Federal agency.

I. Having been declared in default on prior projects.

Article 4 - Examination of Contract Documents and Site

4.01 It is the responsibility of each Bidder before submitting a Bid:

A. To examine thoroughly the Bidding Documents;

11233.08 00100-3 ARRO

B. To visit the site and become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

C. To consider federal, state, and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

D. To study and carefully correlate Bidder's knowledge and observations with the Bidding Documents and such other related data; and

E. To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Bidding Documents.

4.02 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

Article 5 - Availability of Lands for Work

5.01 Not Applicable

Article 6 - Interpretations and Addenda

6.01 All questions about the meaning or intent of the Bidding Documents shall be submitted in writing via PennBid’s “Questions” tab. Interpretations, or clarifications, considered necessary by Engineer in response to such questions, will be issued by Addenda and posted within PennBid’s “Documents” tab. Questions received later than ten calendar days prior to the date for opening of Bids, or the deadline, if any, indicated on the Invitation to Bid, may not be answered. Only questions submitted and answered through PennBid, and by formal written Addenda issued through PennBid will be binding. Oral statements, interpretations, or clarifications will not be binding, or legally effective. Neither the Owner nor the Engineer shall be responsible for the failure of any Bidder to receive notice of or to read the Addenda posted by the Engineer.

6.02 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.

11233.08 00100-4 ARRO

Article 7 - Bid Security

7.01 Each Bid shall be accompanied by Bid security made payable to Owner in an amount of ten (10) percent of Bidder's maximum Bid price and in the form of a certified or bank check, an irrevocable letter of credit, or a Bid Bond (on form attached) issued by a surety.

A. All instruments of Bid security shall be valid and remain in effect for at least 120 days from the date of the bid opening.

B. Substitute Bid Bond forms are not acceptable.

C. An electronic copy of the Bid security must be submitted with the Bid.

D. If a Bid Bond is used, it shall be mandatory that the power of attorney accompanying the Bid Bond evidencing the authority of the person signing on behalf of the surety company to sign the Bid Bond shall be dated the same date as the Bid Bond. Further, it shall be mandatory that the Bid Bond itself be dated the same date as the Bid, as well as signed by the principal Bidder and the surety company through its authorized representative. Failure to comply with any of the aforesaid shall result in the disqualification of the Bid, which Bid shall not thereafter be considered.

7.02 The Bid security and financial information, if any, of the three apparent lowest responsive and responsible Bidders will be retained until the Successful Bidder has furnished the required Performance and Payment Bonds, and Insurance Certificate, and Successful Bidder and Owner have executed the Agreement.

7.03 Owner may annul the Notice of Intent to Award, if the apparent Successful Bidder fails or refuses to execute and deliver to the Owner the Agreement, together with the required Performance and Payment Bonds or other forms of security, and Insurance Certificate, within the number of calendar days specified in the Notice of Intent to Award. Bidder shall be considered in Default, and the full amount of its Bid Security shall be forfeited.

Article 8 - Contract Time

8.01 The number of calendar days within which, or the date by which the Work shall be substantially completed (the Contract Time) are set forth in the Agreement

Article 9 - Liquidated and Other Damages

9.01 Not Applicable

Article 10 - Substitutions and “Or Equal” Items

10.01 Not Applicable

11233.08 00100-5 ARRO

Article 11 - Subcontractors

11.01 Not Applicable

Article 12 - Bid Form

12.01 The Bid form and other required Bidding Documents and supplements are included under the “Bid” tab at the PennBid website.

12.02 The Bid of an individual must be signed by the individual personally; the individual's signature must be witnessed; and the individual's business address and any business trade name must be stated. The Bid of a partnership must state the names and addresses of all partners, and the partnership business name and address; and it must be signed by all general partners, with the signatures witnessed. The Bid of a corporation must show the State of incorporation and the principal office address, and must be signed by the President or Vice President, with the corporate seal affixed, attested by the Secretary or Assistant Secretary. Bids by limited liability companies must be executed in the limited liability company name and signed by all members.

The state of formation and official address of the limited liability company must be shown below the signature lines.

12.03 Bids submitted electronically via PennBid shall use electronic signatures as defined by Commonwealth of Pennsylvania statute.

12.04 Upon request the apparent low Bidder shall submit all Bidding Documents in hard copy, showing original signatures and seals. Bidder shall attach to the Bid Form a copy of the PennBid results in lieu of duplicating the figures manually.

12.05 The address, e-mail, telephone number, and fax number of Bidder, and the name, e-mail, and telephone number of the individual to whom communications regarding the Bid are to be directed, must be shown.

12.06 The Bid Form may call for lump sum prices, unit prices, or a combination of both.

A. If the Bid form calls for lump sum prices, the Bidder shall state a single lump sum price for the entire Work, or single lump sum prices for each portion of the Work, subject to a lump sum price as set forth in the Bid form, as applicable. Any such lump sum price or prices shall include all the work described in the Contract Documents as being part of the Work.

B. If the Bid Form calls for unit prices, the Bidder shall state a single unit price for each item to be furnished or work to be done as set forth in the Bid Form. The Bid Form indicates, opposite each item for which a unit price is required, the Engineer's estimated quantity of units of such items which will be required in the prosecution of the Work; and the Bidder shall state in the space provided in the Bid Form the total price for such items, as computed by multiplying such estimated quantity of units of such item by the unit price bid.

11233.08 00100-6 ARRO

12.07 Bid prices shall be all inclusive and shall include, if applicable, all taxes of whatever nature applicable to the Work.

12.08 Owner may be exempt from sales and use taxes for certain items to be incorporated into the Work. Each Bidder shall obtain legal advice to determine how and to what extent the Contractor may utilize the Owner’s tax exemption. Owner will provide, at the Contractor's request, documentation required to obtain applicable tax exemptions.

12.09 Submission of prices for all Alternates, if any, is mandatory.

12.10 The documents listed under Paragraph 6 of the Bid Form shall be provided as a single file.

Article 13 – Electronic Submission of Bids via PennBid

13.01 Bids shall be submitted no later than the time and place indicated in the Invitation to Bid.

13.02 The “Bid” tab contains the electronic Bid Form.

A. For Lump Sum line items, enter the lump sum amount to perform all of the Work as described in the Contract Documents.

B. For Unit Price line items, enter the per Unit price in the appropriate field;

PennBid will automatically calculate the extended price for the listed units of Work.

C A unit or lump sum price must be provided for all items and alternates listed on the Bid Form.

13.03 All questions located in the “Bid” section of PennBid must be answered.

13.04 To attach the electronic file containing documents described in Paragraph 12.10 above, click on the “Bid” tab and “browse” (middle of the screen). Locate and click on the file. The electronic file will be attached to your bid submission when the “Submit Bid” button is clicked.

13.05 Bidder shall use forms available from the “Documents” section of PennBid.

13.06 Each Bidder is solely responsible for submitting its Bid via PennBid by the time and date of the Bid Opening designated in the Invitation to Bid.

13.07 Verifying Bid Was Submitted: If submitted correctly, an acknowledgement will appear in the middle of the computer screen stating “Your bid has been submitted.”

Article 14 - Modification and Withdrawal of Bids

14.01 Bids may be modified or withdrawn at any time prior to the Bid opening.

14.02 After the 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

11233.08 00100-7 ARRO

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 Owner within two 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 a Contract, or subcontract for performance of the Work for which the withdrawn Bid was submitted.

Article 15 - Opening of Bids

15.01 Upon review of submitted Bids, results will be posted online at PennBid website. Results shown on PennBid website are for information only and do not constitute the issuance of award of a contract. Selection of apparent low Bidder will be made by Owner after careful review of submitted documentation, as described below under Article 17.

15.02 An abstract of the amounts of Base Bids and major Alternates (if any) will be made available to Bidders after the opening of Bids.

Article 16 - Bids to Remain Subject to Acceptance

16.01 Bids shall remain open for a period of 60 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event the Bids shall remain open for a period of 120 days from the date of Bid opening. The Owner will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the Bidders. Thirty-day extensions of the date for the award may be made by the mutual written consent of the Owner and the apparent Successful Bidder.

Article 17 - Award of Contract

17.01 Owner reserves the right, without limitation, to reject any or all Bids, which are nonconforming, nonresponsive, unbalanced or conditional, and to reject the Bid of any Bidder, if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all irregularities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

17.02 The Owner will resolve discrepancies in the Bidder’s mathematical totals, shown on the hard copy of the Bid Form, in favor of the electronically calculated totals shown on PennBid.

17.03 In evaluating Bids, Owner will consider the qualifications of Bidders, if the Bids comply or do not comply with the prescribed requirements, and such Alternates, unit prices, and other data, as may be listed on the Bid Form, or as may be requested by Owner prior to the Notice of Intent to Award.

11233.08 00100-8 ARRO

17.04 In evaluating Bids Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work of which Owner, prior to Notice of Intent to Award, requests their identity. Owner also may consider, where applicable, the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data are required to be submitted prior to the Notice of Intent to Award.

17.05 In evaluating Bids Owner may conduct such investigations, as Owner deems necessary, to assist in the evaluation of any Bid and to establish the responsibility, qualifications, legal status and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations, to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

17.06 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. Further, upon optimization of the system and 30-day full scale operation of the system, Owner reserves the right to cancel the Contract and enter into a Contract with the second apparent successful low Bidder, if Owner deems it in its best interest.

17.07 If the Contract is to be awarded, Owner will give the apparent Successful Bidder a Notice of Intent to Award within the time limits prescribed in Article 16.

17.08 Bidders may be required by Owner, prior to and as a condition of Contract award, to execute and sign documents related to financing of the Project.

17.09 More than one bid from an individual, partnership, corporation, or an association under the same name or different names will not be considered. Reasonable grounds for believing that the Bidder is interested in more than one Bid for the same Work will cause the rejection of all Bids in which such Bidder is interested. Any or all Bids will be rejected if there is any reason for believing that collusion exists among any of the Bidders; participants in such collusion will not be considered in future bidding.

17.10 Alternates, if any, will be considered and selected by Owner and the prices for the selected Alternates will be added to or deducted from the Base Bid price to arrive at an adjusted Bid price. Owner reserves the right to reject or select Alternates regardless of price attached to such Alternates. The adjusted Bid price will be used in comparing Bids and will be the basis for determining the "lowest" of all responsible, responsive Bidders.

Article 18 - Contract Bonds and Insurance

18.01 Section 00200, Requests for Proposals, sets forth Owner's requirements as to Performance and Payment Bonds to be provided by the Contractor. When the apparent Successful Bidder delivers the signed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds, each in the amount of one hundred percent (100%) of the Contract Price, on the forms provided in the Bidding Documents. Substitute Bond forms are not acceptable.

11233.08 00100-9 ARRO

18.02 Section 00200, Requests for Proposals, set forth Owner's requirements as to insurance to be carried by the Contractor. When the apparent Successful Bidder delivers the signed Agreement to the Owner, it must be accompanied by the required insurance certificate on the latest version of the Acord 25 Certificate of Insurance form. All policies of insurance shown on the Certificate of Insurance shall not be cancelled or materially changed until thirty days prior notice has been given by Contractor to Owner and Engineer and to each additional insured.

Article 19 - Signing of Agreement

19.01 When Owner gives a Notice of Intent to Award to the apparent Successful Bidder, it will be accompanied by four unsigned counterparts each of the Agreement (each with a copy of the Bid submission and, if applicable, the List of Proposed Subcontractors attached), Performance and Payment Bonds, or other forms of financial security. Apparent Successful Bidder shall sign and deliver to the Owner, within the calendar days specified in the Notice of Intent to Award, all counterparts of the Agreement accompanied by the executed Performance and Payment Bonds (with a Power-of-Attorney certificate attached to each), or other forms of financial security and four originals of the required insurance certificate(s).

A. Successful Bidder(s)/Contractor(s) shall be responsible for all costs resulting from reviewing by Engineer, or others, of non-conforming, or incomplete Contract Document submissions prior to execution of an Agreement. Costs shall be deducted by Change Order from Contractor’s first Application for Payment.

19.02 If the Owner finds the documents submitted by the apparent Successful Bidder acceptable, it will, within ten calendar days after receipt of such documents, complete the signing of the Agreement and submit two fully executed counterparts and accompanying documents to the Contractor.

19.03 If the Owner elects to issue a Notice to Proceed, such notice will accompany the fully executed copies of the Agreement.

19.04 Owner may annul the Intent to Award, if the apparent Successful Bidder fails or refuses to execute and deliver to the Owner the Agreement, together with the required Performance and Payment Bonds, Insurance Certificate, and any other required Contract Document(s), within the number of calendar days specified in the Notice of Intent to Award; Bidder shall be considered in Default, and the full amount of its Bid Bond shall be forfeited.

Article 20 - Pre-Bid Meeting and Site Visit

20.01 No pre-bid meeting or site visit will be held.

END OF INSTRUCTIONS TO BIDDERS

11233.08 00200-1 ARRO

SECTION 00200

REQUEST FOR PROPOSALS (RFP)

INTENT

The Owner is providing this Request for Proposals (RFP) in order to enter into a Contract with a qualified Contractor for full services to collect, transport, and dispose of the Owner’s liquid municipal sludge from Nesquehoning Borough’s Wastewater Treatment Plant (WWTP). The Contract time will run from January 1, 2026, to December 31, 2026 Responses to this RFP will be used to determine the most qualified Contractor to which the Owner could Contract each of these services.

This RFP provides potential Contractors with instructions for submitting proposals, a Scope of Work with general specifications, Contractor selection criteria, and a basic description of the Contract. The Proposal submitted by the Contractor shall address all of the information outlined herein. Additionally, each prospective Contractor shall include in its Proposal other information deemed necessary for the proper evaluation of the Proposal and/or for providing a complete and successful Contract.

SCOPE OF WORK

The term of the Contract shall be for the 2026 calendar year which will be determined and awarded by the Owner after reviewing of all proposals. A summary of each Contract’s Scope of Work provided by the Awarded Contractor shall be as follows:

Hauling Schedule:

The Anticipated hauling intervals are approximately bi-monthly at the Owner’s request during the times determined by the Owner. The Owner may require the Contractor to provide services at a greater hauling frequency than listed by this RFP, which will be paid at the unit bid price. The Contractor shall be expected to commence hauling liquid municipal sludge within 48 hours of being requested to do so and continue hauling operations on a daily basis until complete. The hours of operation of the plant are between 8:00 A.M. and 2:00 P.M.

Quantity Determination:

During the times of liquid municipal sludge removal, the Contractor shall provide and sign a manifest on-site at the WWTP, and the Contractor must provide a copy of the manifest to the Owner/Owner Representative. The manifest shall include the date and quantity of the tanker containing the material to be hauled and disposed of. The Contractor will make arrangements and obtain the required permits for the disposal of the removed liquid municipal sludge. Proof of lawful disposal is required to be submitted with every weight slip.

The quantity for payment shall be determined per gallon of liquid municipal sludge hauled to the disposal facility.

11233.08 00200-2 ARRO

The invoice submitted for each payment cycle by the Contractor will be cross-checked with the manifest(s) provided to the Owner or Owner Representative to verify the quantities of liquid municipal sludge that was hauled and disposed of during the billing cycle.

General:

The contractor shall include the full compensation for required labor, products, tools, equipment, vehicles, plant and facilities, transportation, services, and incidentals for the removal of liquid municipal sludge from the Owner’s site, the transportation of liquid municipal sludge from the Owner’s site to the disposal facility, as well as any permitting costs, insurance fees, fuel/environmental recovery fees, administrative fees, miscellaneous fees, dry run fees, relocate fees, removal fees, washout fees, delivery fees, tipping fees, disposal fees, and performing all other obligations imposed by the Agreement. Actual quantities used will be invoiced for payment by the Owner.

The Contractor shall be responsible for providing all equipment and shall be responsible for the hauling of the liquid municipal sludge from the WWTP to the disposal facility. In the event of a hauling vehicle breakdown, the Contractor will be responsible for obtaining alternate means of transportation at no additional cost to the Owner.

Description of Liquid Sludge Material:

The liquid municipal sludge is digested sludge generated at the Nesquehoning Borough’s WWTP and has an approximate solids range of 1% to 4%. An analysis of the sludge solids percentage will be provided to the Contractor by the Owner. The Contractor shall conduct any other tests required for the sludge disposal. Copies of any tests shall be provided to the Owner. The Contractor will be required to dispose of all sludge withdrawn from the treatment plant regardless of any variation from the information included in these specifications. The liquid municipal sludge will be stabilized by the Owner via aerobic digestion.

Permits:

The Contractor shall obtain and maintain all necessary permits and/or approvals from the appropriate local, county, state, or federal agencies for the transportation of the liquid municipal sludge.

Traffic Routing Plan:

The Contractor shall prepare a plan of action that identifies the methodology that shall be followed by the Contractor for the selection of traffic routes to be utilized by the transportation vehicles from the Owner’s facility to the Contractor’s disposal site. The Plan shall demonstrate how the Contractor proposes to limit potential public opposition to liquid municipal sludge transportation and prevent the potential for traffic accidents or spills.

11233.08 00200-3 ARRO

Emergency Spill Response Plan:

The Contractor shall prepare a plan of action that specifies how the Contractor proposes to respond to potential spills that could occur either in transit or at storage/processing facilities. The Plan shall clearly state how the Contractor proposes to prevent potential environmental damage and protect public safety. The Plan shall also identify the actions that will be taken by the Contractor to ensure rapid response and clean-up, and notification of regulatory agencies. The Contractor shall be responsible for paying any fines or other costs resulting from spillage during the loading and hauling operation and from disposal at unacceptable sites.

Emergency Contact List

The Contractor shall include a 24-hour Emergency Contact List.

INSTRUCTIONS TO BIDDERS

Refer to Section 00100, Instructions to Bidders, for bidding instructions and requirements.

CANCELLATION/TERMINATION

If the Awarded Contractor fails to provide personnel, supplies, or equipment to the satisfaction of the Owner or in any other way fails to provide services in accordance with the Contract terms, the Owner may take whatever action it deems necessary to provide alternate services and may, as its option, immediately cancel the Contract with written notice. The Owner may terminate the Contract between the Awarded Contractor without cause by giving the other party a 60-day advance written notice.

INDEMNIFICATION

The Awarded Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the Owner, its employees, and its agents from and against all loss, damage, cost and expense (including attorney’s fees) suffered or sustained by the Owner for which the Owner may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever in connection with the operations of the Awarded Contractor or any subcontractor under this agreement.

CONTRACT TIMES

The Work shall commence on January 1, 2026, and be completed December 31, 2026.

11233.08 00200-4 ARRO

INSURANCE

Throughout the full term of the service Contract, the Awarded Contractor shall maintain the following insurance at a minimum:

1. Workers’ Compensation:

a. State: Statutory

b. Applicable Federal

(e.g. Longshoreman’s):

Statutory

c. Employer’s Liability: $1,000,000

2. Contractor’s General Liability, which shall include completed operations and product liability coverage; and eliminate the exclusion with respect to property under the care, custody and control of Contractor(*):

a. General Aggregate: $2,000,000

b. Products – Completed Operations

Aggregate:

$1,000,000

c. Personal and Advertising Injury: $1,000,000

d. Each Occurrence (Bodily Injury and

Property Damage):

$1,000,000

e. Excess or Umbrella Liability: (**)

X General Aggregate: $2,000,000

X Each Occurrence: $2,000,000

f. Pollution Legal Liability $1,000,000 per occurrence (*) If Contractor’s insurance does not allow eliminating the exclusion with respect to property under its care, custody and control, Contractor shall provide, by endorsement, “Voluntary Property Damage” coverage in the amount of the full replacement cost of the damaged property.

(**) If Contractor has lower underlying coverage than required above, Contractor may provide additional coverage to at least satisfy the required amount.

11233.08 00200-5 ARRO

3. Automobile Liability:

a. Bodily Injury and Property Damage, Combined Single Limit of:

$1,000,000

4. The Contractual Liability:

a. Bodily Injury and Property Damage

(Each Occurrence):

Combined Single Limit $1,000,000

The contractor shall submit evidence of required insurance coverage on the most current Accord 25 “Certificate of Insurance” form. All the policies of insurance required to be purchased and maintained by the Contractor shall not be canceled or materially changed until thirty days prior notice has been given by Contractor to Owner and Engineer and to each additional insured, otherwise, the Insurance policy shall be valid for the entire Contract term.

Insurance certificates shall be provided by Contractors with their Proposal. The insurance shall include the Owner and Contractor as named insured.

PAYMENT AND PERFORMANCE BONDS

The Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of the Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until final payment is made.

The Payment Bond and the Performance Bond, or other instruments of financial security, shall be each in the amount of one hundred percent (100%) of the Contract Price and shall be supplied by the Contractor on the forms included in the Contract Documents, and no other forms shall be accepted. Substitute Bond forms are not acceptable.

EMPLOYEES

All employees of the Awarded Contractor shall be qualified in the work necessary to provide full services for the liquid municipal sludge hauling work as described in the Contract Documents.

The Awarded Contractor shall provide a sufficient number of employees to perform the required services safely and efficiently and in a manner satisfactory to the Owner.

EQUIPMENT

The equipment required to carry out operations within the scope of the Contract shall be provided by the Awarded Contractor. The Owner shall not be responsible for providing

11233.08 00200-6 ARRO

equipment for the Work. Equipment must be maintained in good operating condition and must conform to OSHA, DOT, and any other safety standards in effect at the time of use. All Work will be in accordance with local ordinances as well as all applicable county, state, federal, and/or regulatory agency laws and regulations.

END OF SECTION

11233.08 00300-1 ARRO

DOCUMENT 00300

BID FORM

BIDDER (Name and Address):

PROJECT IDENTIFICATION: 2026 COLLECTION,

TRANSPORTATION, AND DISPOSAL

OF MUNICIPAL SLUDGE

CONTRACT NUMBER AND IDENTIFICATION:

THIS BID IS SUBMITTED TO: NESQUEHONING BOROUGH

114 West Catawissa Street Nesquehoning, PA 18240

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Bidding Documents for the Contract Price and within the Contract Time(s) and in accordance with the other terms and conditions of the Bidding Documents.

2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for a period of 60 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant, or grants, in which event the Bids shall remain open for a period of 120 days from the date of Bid opening. Thirty-day extensions of the date for the award may be made by the mutual written consent of the Owner and the apparent Successful Bidder. Bidder agrees, if required by Owner prior to and as a condition of Contract award, to execute and sign any documents related to financing of the Project. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Bidding Documents within 15 days after the date of Owner's Notice of Intent to Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

3.1. Bidder has examined copies of all the Bidding Documents and of the following Addenda (Receipt of all which is hereby acknowledged):

Date Number

11233.08 00300-2 ARRO

3.2. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work.

3.3. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents and Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Bidding Documents and Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

3.4. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

4. Bidder shall complete the Work for the lump sum prices and/or unit price(s) shown below.

Stipulated prices in the Bid Form full compensation for required labor, products, tools, equipment, vehicles, plant and facilities, transportation, services, and incidentals for the removal of liquid municipal sludge from the Owner’s site, the transportation of liquid municipal sludge from the Owner’s site to the disposal facility, as well as any permitting costs, insurance fees, fuel/environmental recovery fees, administrative fees, miscellaneous fees, dry run fees, relocate fees, removal fees, washout fees, delivery fees, tipping fees, disposal fees, and performing all other obligations imposed by the Agreement. Actual quantities used will be invoiced monthly for payment by the Owner.

Term Description Unit Estimated Quantity

Calendar

Year

Full Service of Collection, Transportation, and Disposal of Liquid Municipal Sludge

Gallons 450,000

BASE BID PRICE (Figures): *ATTACH PENNBID RESULTS IN LIEU OF

DUPLICATING FIGURES*

BASE BID PRICE (Words):

Quantities given above are not guaranteed. Final payment will be based on actual quantities.

Any difference between estimated and final quantities increases in market value of Products and services, or complexity of work will not be considered reason for increase of unit prices unless otherwise imposed by the Agreement.

5. Bidder agrees that the Work will be complete within the dates indicated in the Agreement.

6. Bidders shall submit originals of the Bid Form and the following documents, which are attached to the Bid Form and are made a condition of this Bid, showing original

11233.08 00300-3 ARRO

signatures and seals. Bidders shall attach a copy of the PennBid results to the Bid Form in lieu of duplicating the figures manually.

6.1 Required Bid Security in the form of _________________________________.

6.2 Proposal documents as outlined in Document 00200, including but not limited to a traffic routing plan, emergency spill plan, and emergency contact list.

6.3 Non-Collusion Affidavit; Document 00460.

6.4 Evidence of Bidder's and its Sub-bidder(s) qualification to do business in the Commonwealth of Pennsylvania or covenant to obtain such qualification prior to and as a condition of award of the Contract (for PA - to be provided if Bidder/Sub-bidder is out of State).

7. Communications concerning this Bid will be addressed to (Bidder's Contact Person):

Phone: ( ) Fax: ( ) Company Email Address:

8. Bidder acknowledges that the Bid Price is based on Products and methods described and named in the Proposal.

INTENDING TO BE LEGALLY BOUND, the undersigned submits the forgoing Bid this ___ day of _________________, 20__.

(If Bidder is an Individual)

Signature of Witness Signature of Individual

Trading and doing business as:

Name of Business

Address of Business

11233.08 00300-4 ARRO

(If Bidder is a Limited Liability Company – All Members Must Sign)

Name of Company

Address of Company

Signature of Witness Signature of Member

Signature of Witness Signature of Member

Signature of Witness Signature of Member

(If Bidder is a Partnership - All General Partners Must Sign)

Name of Partnership

Address of Partnership

Signature of Witness Signature of Partner

Signature of Witness Signature of Partner

11233.08 00300-5 ARRO

(If Bidder is a Corporation)

Attest:

Name of Corporation

Signature of Secretary or Assistant Secretary

Address of Principal Office

(Corporate Seal) State of Incorporation

Signature of President or Vice President

Type or print name below each signature.

State here the names and addresses of all members, if a limited liability, or partners, if a partnership, or of three principal officers, if a corporation.

END OF BID FORM

11233.08 00350-1 ARRO

DOCUMENT 00350

BID BOND

BIDDER (Name and Address): SURETY (Name and Address):

OWNER (Name and Address): NESQUEHONING BOROUGH 114 West Catawissa Street Nesquehoning, PA 18240

Project Bid Date:

Project Identification: 2026 COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SLUDGE

Contract Number and Identification:

BOND

Date:

Amount:

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the full-face amount of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents, the executed Agreement required by the Bidding Documents, and any Performance Bonds, Payment Bonds, Certificates of Insurance, or other documents required by the Bidding Documents and Contract Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any Performance Bonds, Payment Bonds, Certificates of Insurance, or other documents required by the Bidding Documents and Contract Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof).

11233.08 00350-2 ARRO

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt of Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award, provided that the time for issuing Notice of Award shall not in the aggregate exceed 120 days from Bid opening date without Surety's written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no case later than one year after Bid opening date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the first page of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of the Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The terms used in this Bid Bond which are defined in the General Conditions have the meaning assigned to them in the General Conditions.

11233.08 00350-3 ARRO

(If Bidder is an Individual)

Signature of Witness Signature of Individual

Trading and doing business as:

Name of Business

Address of Business

(If Bidder is a Limited Liability Company – All Members Must Sign)

Name of Company

Address of Company

Signature of Witness Signature of Member

Signature of Witness Signature of Member

11233.08 00350-4 ARRO

(If Bidder is a Partnership - All General Partners Must Sign)

Name of Partnership

Address of Partnership

Signature of Witness Signature of Partner

Signature of Witness Signature of Partner

Signature of Witness Signature of Partner

(If Bidder is a Corporation)

Attest:

Name of Corporation

Signature of Secretary or Assistant Secretary

Address of Principal Office

(Corporate Seal) State of Incorporation

Signature of President or Vice President

Type or print name below each signature.

11233.08 00350-5 ARRO

(Corporation Surety)

Name of Corporation

Address of Office

Signature of Witness Signature of Attorney-in-fact

Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-in-fact to act in behalf of the corporation.

Type or print name below each signature.

NOTE: Substitute Bid Bond Form is not acceptable. Failure to submit Bond on this form will be reason for rejection of Bid.

END OF BID BOND

11233.08 00460-1 ARRO

DOCUMENT 00460

NON-COLLUSION AFFIDAVIT

I state that I am of (title) (firm) and that I am authorized to make this affidavit on behalf of my firm and its owners, directors, and officers. I am the person responsible in my firm for the prices and the amount of this Bid.

I state that:

(1) The prices and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder, or potential bidder.

(2) Neither the price nor the amount of this Bid, and neither the approximate price nor approximate amount of this Bid, have been disclosed to any other firm or person who is a bidder or a potential bidder, and they will not be disclosed before Bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this Bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

(4) The Bid of my firm is in good faith and not…