9-04 - General Scope of Work.pdf

Lawrence Mercer Counties Drop-off Collection, Processing, Marketing Recyclables Page 1

GENERAL SCOPE OF WORK

Lawrence-Mercer Counties Recycling/Solid Waste Department has prepared and issued this Request For Bids ("RFB"), designated as COLLECTION AND TRANSPORTATION OF RECYCLABLE MATERIALS, for and on behalf of Lawrence County and Mercer County.

The Counties invite bids from qualified contractors to provide collection and transportation for recycling the following materials.

1) COMMINGLED FIBERS, consisting of corrugated cardboard, newsprint including all types of inserts delivered in subscription and promotional newspapers and similar periodicals, and magazines, and other mixed residential paper.

2) GLASS, consisting of clear and colored glass bottles, jugs, and jars.

The containers are specifically designed for the materials that will be collected in them.

The Recyclables are part of a drop-off program for residents of Lawrence and Mercer Counties. The program consists of participants separating their recyclables from the waste stream and placing them in specialized containers at designated sites throughout both Counties. Commingled fibers are collected in six (6) cubic yard front-load containers and glass is collected in fifteen (15) yard roll-off containers.

Contractors submitting bids must submit a bid that includes services for both Mercer and Lawrence counties. Bids submitted for a single county will not be considered.

OPTION A

Comingled fibers will be collected and transported by the Contractor utilizing the vehicle and containers provided by the County. Glass will be collected in specialized rolloff containers that will be serviced using the Contractor’s own equipment. The full list of equipment that is available to service the Countywide Depot System during the period of the Contract is provided in Proposal Form 3.

If the County vehicle is unavailable due to breakdown or other issues that render it unroadworthy, the Contractor will use its own vehicle(s) to service the program. If the County vehicle is unavailable due to the actions of the Contractor, including but not limited to an accident or failure to perform routine maintenance, payment for services will be done at the Option A rates. The Contractor remains responsible for repairs to the County vehicle.

OPTION B

Recyclables will be collected from County-owned containers and transported by the Contractor utilizing contractor-owned vehicles. The full list of equipment, excluding the collection vehicle, which will be available to service the Countywide Depot System during the period of the Contract is provided in Proposal Form 3. The Contractor may add the drop-off collection stops into existing routes provided that the percentage of material

Lawrence Mercer Counties Drop-off Collection, Processing, Marketing Recyclables Page 2 collected from the depots is accurately accounted and the weights of those materials are reported to the Director as required and included in annual recycling reports.

Recyclables are to be delivered to a Contractor selected processing facility or County designated receiving site for appropriate storage, upgrading, processing, use and/or marketing. All other labor, facilities, equipment, and services required to collect, transport, receive, process, and/or market, including that required to perform the scheduled preventative maintenance and any necessary functional or aesthetic repairs to the County-owned equipment, will be provided by the Contractor. The Contractor must have their selected processing facility(ies) complete Proposal Form 5: “Recycling Facility Certification” and include it/them with their proposal.

FINANCIAL SECURITY AND BONDING INFORMATION

Bid Bond Financial security for the bid must be included with the Contractor's bid in accordance with the proposal cover sheet. Such Bid Bond shall be equal to no less than 10% of the total bid submitted for the first Contract period, years one through three, only.

Performance Bond OPTION A The awarded Contractor shall submit an executed performance bond in the amount of Fifty Thousand Dollars ($50,000) within 14 calendar days following notification of award in a form acceptable to the County. Said form must be issued by a surety company approved by the County. Each renewable performance bond thereafter must be submitted to Lawrence County.

OPTION B The awarded Contractor shall submit an executed performance bond in the amount of 100% of the cost of the annual Contract within 14 calendar days following notification of award in a form acceptable to the County. Said form must be issued by a surety company approved by the County. Each renewable performance bond thereafter must be submitted to Lawrence County.

These requirements supersede any and all other bonding requirements, which may be listed elsewhere in this Contract, wherever conflict may occur.

SPECIAL PROGRAMS

The Contractor is invited to work with the County on periodic programs for the collection of other recyclable materials. Bids for special programs are to be included under “Specialty Programs” on the “Proposal Sheet for Other Services” (Page 39). Special programs may be offered as Pilot programs or may become permanent or on-going with the mutual consent of the County and Contractor.

BID DUE DATE AND TIME

Lawrence County will receive sealed bids online through Pennbid for the Program until 3:00 PM on Monday, October 19, 2026.

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The bids will be opened and announced, Tuesday, October 20, 2026, at the Lawrence County Commissioners meeting at 10:00 AM.

All documents and solicitation details are available at no cost on PennBid – https://pennbid.bonfirehub.com. Bids will not be accepted if submitted in person, bids can only be submitted online at https://pennbid.bonfirehub.com. Questions regarding this project shall be submitted via the “Ask a Question” feature in PennBid at https://pennbid.bonfirehub.com

PUBLIC OPENING OF BIDS

Bids will be opened at the regularly scheduled meeting of the Lawrence County Board of Commissioners 10:00 AM Tuesday, October 20, 2026 at the Lawrence County Government Center.

COUNTY CONTACT

Jerry P. Zona, Director Lawrence-Mercer Recycling/Solid Waste Department Lawrence County Government Center 430 Court Street New Castle, PA 16101 Phone: (724) 658-6925 jzona@lawrencecountypa.gov

COST OF PROPOSAL PREPARATION

The County will not be liable in any way to bidders for any cost incurred in the preparation or submission of a proposal and/or any subsequent negotiations regarding a proposal.

PROPOSALS ARE THE PROPERTY OF THE COUNTY

All proposals submitted shall become the property of the County.

STRICT PERFORMANCE

The failure of the County to insist upon strict performance of any one or more of the provisions of the Contract shall not be construed as a waiver of that or any other provision, or as a waiver of any claim the County has to damages or for other relief due to any prior or subsequent breach or with respect to termination.

CONTRACT ASSIGNMENT

The Contract shall be binding upon the parties hereto, their heirs, administrators, successors and assigns.

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The Contractor shall not sell, assign, pledge, transfer or encumber the Contract, or any part thereof, without the prior written approval of the County.

PERIOD OF CONTRACT

Except as otherwise provided in this Proposal and Specifications, the County shall have the right to require collection of Recyclables by the Contractor commencing upon January 1, 2027 and terminating on December 31, 2029 (the "Term") or based on options provided in bid document.

Option(s) to Extend

1) The County, in cooperation with the successful vendor(s) in regard to this Contract, reserves the right to extend this Contract for up to ninety (90) days after the indicated expiration date as described in this Contract. This mechanism would be utilized in the event that a lapse in the current Contract occurs before a new Contract can be established for the goods or services indicated on the Contract.

When applicable, an extension notice will be issued defining the exact extension of the Contract. All other terms and conditions of the extended Contract will remain in full force and effect.

2) The County, in cooperation with the successful vendor(s) in regard to this Contract, reserves the right to extend this Contract for up to a total of two (2) years after the indicated expiration date as described in this Contract. When applicable, an extension notice will be issued defining the exact extension of the Contract. The Contract can be extended for 1 period of 2 years or 2 periods of 1 year each.

DISPUTES

Any dispute arising under the Contract shall be decided by the Director of the Lawrence- Mercer Counties Recycling/ Solid Waste Department ("Director") or his/her designated representative who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Director or his/her designated representative shall be final and binding.

DEFAULT

If the Contractor shall become or be declared insolvent, or make an assignment for benefit of creditors, or if proceedings are commenced for appointment of a receiver or Contractor, or if proceedings for arrangement, reorganization, or composition of creditors under any laws be instituted by or against the Contractor; or (ii) if the Contractor is not fully operational upon award date of the Contract or (iii) if the Contractor refuses or fails to perform any other part or portion of its obligations under the Contract and does not remedy such breach to the satisfaction and approval of the County within ten (10) days or twenty-four (24) hours in the event of an emergency as determined by the County , after receipt of written notice specifying the nature of such breach, the County may, at its option, immediately declare the Contractor in default.

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In the event of any default by the Contractor hereunder, the County may, in addition to any other rights or remedies the County may have under any statute or at common law, or under any bond filed the Contractor, all of which are reserved to the County, to terminate the Contract and solicit bids (if circumstances will allow) and to award a new Contract, in which case the Contractor shall be liable to the County, including, but not limited to, all loss (including loss of revenue), cost expense, legal fees, or damage suffered or incurred by the County by reason of the Contractor's default.

Termination of the Contract shall not affect the Contractor's obligation to pay the County in full for all amounts the Contractor may be liable for hereunder.

FORCE MAJEURE

In the event that either of the parties shall be prevented or delayed from performing any obligations under the Contract by reason of acts of God, war, fire, epidemic, civil disturbance, strike, flood, earthquake, interference by a civil or military authority, such party shall not be liable by reason thereof. The determination of a Force Majeure shall be made solely by the County.

COUNTY OBLIGATIONS

County’s Efforts To Deliver Recyclables Only The County shall make reasonable efforts to ensure that Recyclables, as described in the scope of work, are brought to the Countywide Drop-off Depot Sites. The County will take reasonable steps to discourage the delivery of non-designated Recyclables and other materials through its public education campaign, which shall inform residents not to place such waste in with recyclables. Given the nature of recycling programs, the Counties cannot make guarantees about the purity of the materials deposited in the bins.

Contractor should expect contamination and prepare its bid accordingly. The Counties will not pay any penalties or fees associated with contamination. The Contractor shall also have the right to conduct such public education programs as the Contractor may choose, subject to the County’s prior written approval thereof.

The County shall or shall cause its agents, to carry out the program in a responsible and efficient manner. However, there is no guarantee or warranty made as to levels of participation or compliance with applicable laws by persons from whom the County collects Recyclables at the Drop-off Depots Sites, nor as to the effectiveness of the County’s enforcement of said laws.

The County shall or shall cause its agents, to make reasonable efforts to address issues and make improvements to the implementation of the program based on input from the Contractor.

OPTION A - The County shall provide the following equipment; up to 45 containers and one conventional front-loading commercial collection vehicle for the collection of Commingled Fibers, and up to seven (7) roll-off containers for the collection of glass.

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OPTION B - The County shall provide the following equipment; up to 45 containers for the collection of Commingled Fibers that the Contractor will service with contractor-owned front-loading commercial collection vehicles and up to seven (7) roll-off containers for the collection of glass that the Contractor will service with contractor-owned equipment.

The County may remove containers from a depot site or provide additional containers for use at the depot sites if it is to the service advantage of the County. That County may add or remove depot sites as it deems necessary.

The County-owned equipment is provided for use by the Contractor during the term of the Contract, and during the use by the Contractor, shall remain dedicated exclusively for the collection of recyclables from the Countywide Drop-off Depots.

CONTRACTOR OBLIGATIONS

Contractor, while providing labor and services necessary for the collection and transportation of Recyclables from the Countywide Drop-off Depots, must also provide all the facilities, equipment, labor and services necessary to receive, process, use and/or market delivered Recyclables, and to maintain and repair all of the County-owned equipment included in this Contract. The Contractor shall be responsible for satisfying the following requirements at all times during the term of this Contract:

Collection Of Recyclables The Contractor must collect recyclables on the scheduled service day(s). Commingled Fiber will be collected in accordance with the schedule found on Proposal Form 3. Glass collection will be on-call and as deemed necessary by the County. Collection must be completed during the 24 hours of the scheduled service day. A scheduled service day begins at midnight.

Recyclables will be collected and hauled to the Contractor's processing facility or other receiving site specified in the Contractor’s proposal and approved by the County. The Recyclables delivered to a receiving site must be transferred to the processing facility in a timely fashion. The Contractor must specify the expected time period for transfer in the proposal.

Collected Glass shall be delivered to the County’s Glass storage bunker located at the City of Hermitage Street Department: 5250 Virginia Rd, Hermitage, PA 16148 during the City’s business hours. The County reserves the right to direct collected Glass for delivery to other locations.

Repeated incidents of late service performances and/or unnecessary delays will be construed as non-compliance with the terms and conditions of this Contract and the vendor will be declared in default of and responsible for damages incurred.

When the regular collection day falls on a holiday upon which the Contractor does not normally work, the Contractor will provide collection on the day following the holiday. So as to prevent overflowing and littering, and ensure adequate capacity is available at all of

Lawrence Mercer Counties Drop-off Collection, Processing, Marketing Recyclables Page 7 the drop-off depot sites during the holiday week, the Contractor will also collect on those days in the holiday schedules provided by the Lawrence-Mercer Counties Recycling/Solid Waste Department. These holiday collections shall be provided at no additional charge.

The schedule is provided on Proposal Form 3.

Contractor Obligation To Accept Recyclables Contractor shall be obligated to accept all Recyclables collected in the drop-off depots and delivered to Contractor's processing facility or other receiving site. All Recyclables deposited at the drop-off depots shall be collected exclusively by the Contractor.

The Recyclables will be taken to Contractor's processing facility or other receiving site in an "as picked up" condition to be deposited in a physical location adequate to receive such Recyclables; no processing, bundling, marketing, or baling will be done by the County. All processing and/or other operational costs incurred upon or after delivery of Recyclables to the processing facility or the receiving site shall be the obligation of the Contractor. No adjustment shall be allowed for the moisture content due to inclement weather conditions.

The Recyclables delivered to the Contractor under the Contract shall be accepted by the Contractor "as is" without warranty (expressed or implied) of any kind, and the Contractor shall handle the same at its own risk and shall be responsible for the proper disposal of any and all contaminants or residuals, at no additional cost to the County.

Weighing of Recyclables If the Contractor delivers Recyclables to a contractor-owned processing facility, the Contractor shall maintain certified weight scales at the processing facility or other receiving site, calibrated in accordance with procedures established by the applicable State and local authorities, to weigh vehicles delivering Recyclables to said processing facility or other receiving site and weighed after tipping the recyclable materials. All weights shall be recorded and imprinted automatically by the scales upon weight slips.

The County shall have the right to have County representatives monitor the operation of the scales and the recording of the weight slips, and the County representatives shall have the right to inspect the Contractor's facility upon reasonable notice to determine Contractor’s compliance with this Contract as well as to inspect the Recyclables delivered by Contractor-owned vehicles to evaluate the effectiveness of the County’s drop-off collection methods. All scales shall be tested for accuracy and a certificate of such testing shall be provided to the County twenty (20) days after award date of Contract and may be required any time during the term of the Contract at the County’s request.

The County will consider the weights from the facility scales as the official weight for reporting and market rebates.

Glass delivered to the County’s glass storage bunker does not need to be weighed.

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Marketing Recyclables The Contractor shall provide or act as a recycling market outlet for the Recyclables during the Term of the Contract regardless of market fluctuations. The Contractor shall provide evidence that the Recyclables have been used or marketed for use for legitimate recycling purposes upon request of the County.

Unless requested by the County, the Contractor is not responsible for the marketing of glass.

REPORTS

The Contractor shall submit the following reports via email to the Lawrence-Mercer Counties Recycling/Solid Waste Department: jzona@lawrencecountypa.gov.

The words: “Recycling Drop-off Program Reporting” should appear in the subject line of the email header.

Quarterly Report The Contractor shall submit a quarterly report consisting of the following within ten (10) days of the close of each quarter, based on the calendar year.

The total amount in tons of Recyclables delivered to the Contractor’s processing facility or other receiving site by the County and by all others in the preceding quarter.

1. Based on a representative percentage, the County’s share of the total of volumes in tons of the materials that were marketed by the Contractor in the preceding quarter and the residual MSW.

2. The number of glass container pulls.

3. Recognizing that market sources are proprietary, their identity is not required in reports, however, the County reserves the right, upon reasonable notice, to have one of its agents, or an independent auditor inspect the Contractor’s records to determine the accuracy of the reports and proof that recyclables were marketed.

4. Breakdown of preventative maintenance and other repairs performed to County-owned vehicles.

5. Breakdown of sanitation and cleaning performed, and any repairs made to containers.

6. Notification and reasoning for any increases or decreases in capacity required at any of the depot sites.

The Contractor shall submit the quarterly report to the County in an electronic format, compatible with Microsoft Excel or a pdf format, and mutually acceptable to the County and the Contractor.

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CONTRACTOR’S COMPENSATION

The Contractor shall offer a fixed price for collection, transportation, processing and marketing of Recyclables that is inclusive of all of the Contractor’s obligations, the full scope of work and all of the conditions and specifications as described in the articles of agreement.

PAYMENT / INVOICING PROCEDURES

The Contractor shall submit an invoice with any qualifying rebates or payments to the County within ten (10) days after the end of each calendar month to:

Lawrence Mercer Counties Recycling/ Solid Waste Department Lawrence County Government Center 430 Court Street New Castle, PA 16101

Or electronically to jzona@lawrencecountypa.gov.

The County may request, as part of the invoice, copies of the certified weight slips that shall show dates, vehicle's gross and tare weights punched automatically from the scale, truck route numbers and truck identification numbers, time of truck arrival and departure.

The invoices shall be on Company letterhead showing the weight of Recyclables collected by the Contractor from the Countywide Drop-off Depots and the amount of payment due.

If the Contractor is required to make payment to the County in any calendar month, the Contractor's payment shall be submitted with the invoice and certified weight slips for that month.

Failure of the Contractor to make payments, if applicable, within the prescribed time period shall constitute a substantial breach of the Contract, permitting the County to suspend deliveries until such breach is cured, and/or to declare the Contractor in default and proceed in accordance with these bid specifications.

FUEL COST ADJUSTMENTS

Fuel Cost Adjustment

1. For purposes of this Contract, it is estimated that PRICE PER MONTH PER CONTAINER may be subject to fuel cost adjustments when the average annual

US DEPARTMENT OF ENERGY WEEKLY RETAIL ON-HIGHWAY DIESEL

PRICES for the East Coast on September 30 of each contract year differs from the average annual US DEPARTMENT OF ENERGY WEEKLY RETAIL ON- HIGHWAY DIESEL PRICES for the East Coast September 30 of the previous contract year by at least 10%.

2. Adjustments will be determined on year-to-year variance of 10% and not a cumulative variance of 10% over several years of the Contract.

3. Fuel cost adjustments must be requested in writing by the Contractor.

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Fuel cost increases/decreases shall be determined by the County. The County shall make all interpretations of the components of the fuel cost adjustment calculation. Fuel cost increases/decreases will be based solely on a formula using the following information and assumptions of the County:

1. ROUTE MILES PER WEEK: The estimated route miles is 355 miles (140 miles – Mercer County/215 miles Lawrence County) which will be adjusted for growth on December 1, 2026 and on the same date each contract year thereafter. Route miles per week were determined by calculating the total number of miles on the County-wide Depot circuit, and in addition an estimated standard allotment of miles covering roundtrips to processing facilities and the origin of operation of the Contractor’s vehicles;

2. UNITS: The number of containers per month serviced, up to 45 (Forty-five), which will be adjusted for new starts and stops on December 1, 2027 and on the same date each contract year thereafter;

3. FUEL PER MILE: 4 gallons of fuel consumption per mile;

4. ROUTES: 3.50 routes per week 12 months per year;

5. WEEKS PER MONTH: 4.33 weeks per month;

6. VARIANCE PRICE PER GALLON: The variance of the cost of a gallon of fuel based on the US DEPARTMENT OF ENERGY WEEKLY RETAIL ON-HIGHWAY DIESEL price published September 30, 2026 compared to the average annual retail US DEPARTMENT OF ENERGY WEEKLY RETAIL ON-HIGHWAY DIESEL published September 30, 2025. On September 30 each contract year thereafter the average annual US DEPARTMENT OF ENERGY WEEKLY RETAIL ON- HIGHWAY DIESEL PRICE on that date will be compared to the average annual

US DEPARTMENT OF ENERGY WEEKLY RETAIL ON-HIGHWAY DIESEL

PRICE of the previous year. The average annual US DEPARTMENT OF ENERGY WEEKLY RETAIL ON-HIGHWAY DIESEL PRICE will be determined by tracking and adding the published weekly 5 day averages throughout the year and dividing by 52. Fuel cost increases/decreases shall be calculated by December 15, 2026 and become effective January 1, 2027 and shall be recalculated using the same formula and become effective on the same date each contract year thereafter.

THE FORMULA:

(ROUTE MILES) / (FUEL PER MILE) X (ROUTES) X (WEEKS PER MONTH) = (Gallons fuel per month) X (VARIANCE PRICE PER GALLON) = (Cost of fuel per month) / (UNITS) = Fuel Cost Adjustment to PRICE PER MONTH PER CONTAINER.

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REBATE TO COUNTY FOR SALE OF RECYCLABLES

The Contractor shall indicate the amount of revenue, if any, which will be rebated to the County for the marketing and sale of Recyclables collected from the Countywide Drop-off Depots and delivered to the Contractor’s processing facility.

The method used to calculate the rebate must clearly demonstrate how the formula will be applied, the source(s) referenced for market prices, the resulting percentage for which the County will qualify for rebates.

Payment/Credits of rebates will be expected on a monthly basis.

DRIVER QUALIFICATIONS

Drivers must have previous experience operating a commercial front-end-loading refuse/recycling collection vehicle and rolloff vehicle using cable hoist and hooklift systems. Drivers must possess a current Commercial Driver’s License in the State of Pennsylvania (or its equivalent in the State of issuance).

ANTI-DISCRIMINATION

The Contractor shall conform with all applicable discrimination provisions of the Pennsylvania Code, and any amendments thereto, and shall incorporate in any subcontract that may be permitted under the terms of this Contract a requirement that said subcontractors also comply with said provisions.

SANITATION

The Countywide Drop-off program is a popular and high-profile public program. It is important that Countywide Drop-off Depots and the containers remain clean and free from debris and odors. The Contractor will be responsible for sanitizing and cleaning the containers when warranted.

The County may request that the containers are power washed or otherwise cleaned once per year.

Overflowing containers, blowing trash and other debris at the sites will not be tolerated.

Contractor is responsible for picking up recyclables, bagged, boxed, or separate, placed outside the containers.

The County will require the host municipalities/site sponsors to monitor and maintain sanitary conditions at the municipal sites. Sites on the premises of commercial establishments shall be maintained by the Contractor. The removal of bulk items, white goods, tires and C&D waste from commercial locations shall be the responsibility of the Contractor. Extra fees, specified in the bid document, may be charged for this service if the Contractor provides documentation of the types and volume of material removed. The County may request that the Contractor remove such items from municipal sites. The Contractor may charge extra fees, as detailed in the bid document, for such service.

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Contractor must ensure that no material is left on the ground at the time of collection.

Contractor must notify County if more capacity is warranted at the depot site.

AESTHETIC REQUIREMENTS

The Containers at the Drop-off Depots must maintain a continuity of alignment. Contractor must train the driver to comply with the alignment requirement. In addition to the alignment being an aesthetic requirement, unaligned bins may also be a safety hazard for vehicles and persons using the program. Failure to do so will be considered nonperformance under the Contract.

PERMITS

The Contractor shall have and maintain, at its own expense, all licenses, registrations, permits and authorizations necessary for providing the services detailed in this document and the Contractor’s proposal. The Contractor shall perform all of its obligations hereunder in accordance with any and all requirements, including amendments, thereto, of the constituted public authorities and with all Federal, State, County and Local laws and ordinances and the applicable rules, regulations, methods and procedures of all governmental boards, bureaus, offices, commissions and other agencies now or hereafter in effect.

TAXES, FEES, AND PENALTIES

The Contractor shall pay any and all Federal, State, County and Local taxes, fines penalties and assessments, including all fees and charges related to the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. 4000.101 et seq. ("Act 101"), arising from the operation of the Contractor's business pursuant to the Contract.

LAWS

The Contract shall be governed by and interpreted in accordance with ordinances, rules and regulations of Lawrence County, Mercer County, and the laws of the Commonwealth of Pennsylvania.

If any provision of the Contract is found to be illegal or unenforceable, then, notwithstanding such provision, the Contract shall remain in full force and effect, and such offensive provision shall be deemed stricken.

INSURANCE

The Contractor, at its own cost and expense, shall obtain and maintain in full force and effect, insurance coverage which will satisfactorily insure the Contractor and the County against any and all claims and liabilities which could arise out of the Contract including, but not limited to, claims and liabilities for injury (including death) or damage to persons and property which could arise because of the Contractor's collecting, receiving, purchasing, processing, use and/or marketing of Recyclables, and such other insurance

Lawrence Mercer Counties Drop-off Collection, Processing, Marketing Recyclables Page 13 as is necessary to insure any other obligation incurred by the Contractor herein. The insurance coverage required herein must be in the minimum amounts set forth below:

1. A comprehensive General Liability Insurance Policy (including Completed Operations and Contractual Liability Coverage). Said policy of insurance shall be on an "occurrence" basis, not a "claims made" basis. Shall have minimum limits of $1,000,000.00 per occurrence, combined single limit for bodily injury (including death) and property damage, with a contractual liability endorsement, and shall name the County as an additional insured.

2. A Worker's Compensation and Employer's Liability Insurance Policy with a Statutory Limit of Coverage.

3. Automobile Liability Insurance

OPTION A

The County shall maintain an Automobile Liability Insurance Policy on the vehicles provided under this Contract.

OPTION B

The Contractor shall maintain an Automobile Liability Insurance Policy covering owned, non-owned and hired vehicles. Said policy of insurance shall have minimum limits of $500,000.00 per person, $1,000,000.00 per occurrence bodily injury (including death), and $500,000.00 per occurrence property damage and shall name the County as an additional insured.

All Contractor's insurance policies shall be on an "occurrence basis”, not a "claims made" basis and shall provide that the County be given at least sixty (60) days written notice prior to any change or cancellation of such policies.

Where policies are written for a period less than the term of the Contract, the Contractor shall submit, at least thirty (30) days prior to expiration of the policy, renewal insurance certificates and such other evidence as the County may require verifying the renewal of the required coverage.

RECORDS

The Contractor shall keep full and complete books of account and other records relating to this Contract and in so doing shall comply with the minimum procedural requirements prescribed by the County. In order to verify the Contractor's compliance with the terms and conditions of the Contract, the County, through its duly authorized representatives, shall have access to the books and records maintained by the Contractor with respect to any services provided to the County pursuant to the Contract at all reasonable times and for all reasonable purposes, including, but not limited to, inspecting any books, records, memorandum checks, correspondence or other relevant documents.

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INDEMNITY

The Contractor shall indemnify, defend and save harmless, the County, its agents, officials and employees, against all injuries, deaths, losses, damages, claims, suits, patent claims and suits, liabilities, judgments, costs and expenses that may, in any way accrue against the County as a result of the Contractor's collecting and receiving, purchasing, processing, use and/or marketing of Recyclables, or in consequence of the granting of the Contract or which may in any way result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the subcontractor, or its employees, if any, or the County, or its employees, and the Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgment shall be rendered against the County in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. The Contractor expressly understands and agrees that any performance bond or insurance protection required by the Contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, defend, and save harmless and defend the County as herein provided.

INDEPENDENT CONTRACTORS

The Contract does not make the Contractor (or any of the Contractor's officers, agents, employees or subcontractors) an employee, agent or legal representative of the County for any purpose whatsoever. The Contractor acts as an independent contractor and is not granted any right or authority to assume or create any obligation, duty or responsibility, expressed or implied, on behalf of, or in the name of the County, or to bind the County in any manner or thing whatsoever.

NOTICES

Notices provided for herein shall be sufficient if sent by certified mail, postage prepaid, to the Contractor at the address listed on the PROPOSAL COVER SHEET submitted by the Contractor; and for the County, addressed to the Lawrence-Mercer Counties Recycling/Solid Waste Department, Lawrence County Government Center, 430 Court Street, New Castle, PA 16101, or to such other respective addresses as the parties may, from time to time, designate to each other in writing.

AMENDMENT

The Contract contains all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the Contract, shall be deemed to exist or to bind any of the parties hereto. The Contract may not be changed, modified, discharged or extended except by the County’s written amendment, duly executed by the parties.

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LIQUIDATED DAMAGES

This Section is independent of DEFAULT. The acts or omissions, within the control of the Contractor, in the left column are a breach of this Contract; the amounts in the right-hand column are set as Liquidated Damages. Liquidated Damages may be deducted from the monthly payment due to the Contractor.

The County shall provide Contractor with written notice of all liquidated damages assessed on at least a monthly basis.

Waiver of Liquidated Damages may be authorized by the Director upon receipt of written documentation and explanation of extenuating circumstance affecting service schedule.

Waiver of late delivery of Liquidated Damages is at the sole discretion of the Director.

Should the County neglect or opt not to enforce Liquidated Damages for any given offense on any given date or time, it shall not remove the ability of the County to enforce such Liquidated Damages retroactively or in the future.

OMISSION LIQUIDATED DAMAGES

Late Performance. Late performance means that collection for regular or special pick-up has not been completed during the 24 hours of the scheduled service day. A scheduled service day begins at midnight.

$100 per incident

Failure to collect spillage from the vehicle while emptying containers $25 per incident

Unsanitary condition of depot site due to contractor negligence Failure to remove bulky items, or other materials as required

$100 per incident

Failure to submit complete and accurate reports on the dates and times as required

$50 per day per incident (each report due date is considered a separate incident) Failure to clean containers at the depot sites according to the required schedule $50 each incident per Container

Failure to align the containers after collection $50 per incident Failure to lock containers $25 per container incident Failure to respond to requests for service $50 per incident Failure to report important issues to the County $100 per incident Disposal of or failure to market non-contaminated recyclables collected from the depots within the period of the contract.

$5,000 per incident

Lawrence Mercer Counties Drop-off Collection, Processing, Marketing Recyclables Page 16

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