BIDDING DOCUMENTS FOR



BIDDING DOCUMENTS FOR

COLLECTION OF RECYCLABLE MATERIALS.

BOROUGH OF HELLERTOWN NORTHAMPTON COUNTY, PENNSYLVANIA

A complete bid must include all of the items listed below. Items noted with an asterisk (*) may be supplied in/on a form provided by the bidder; all other items must be completed on the forms provided. Bids missing any items listed below shall be deemed to be irregular by Borough Council.

Document Location

1. Notice to Bidders 2

2. Instruction Stipulation, Specifications and Information to Bidders 3-28

3. Monthly Recycling Report 29

4. Contractor's Bid for Recyclables Collection Contract 30-31

5. Questionnaire 32-34

6. Instructions Non-Collusion Affidavit 35

7. Non-Collusion Affidavit 36-37

8. Bid Bond 38-39

9. Statement of Surety Company 40

10. Performance Bond 41-43

11. Affidavit Accepting the Provisions of the Workers Compensation Act 44

12. Notice of Award *

13. Notice to Proceed *

14. Bid Insurance Certificate Declaration *

15. Proposed Contract *

16. Bidders Statement of Experience and Qualifications *

17. Evidence of Good Standing *

18. Addenda If issued.

Name of Bidder: _________________________________________________

CONTRACT #20-01

RECYCLABLES COLLECTION CONTRACT

NOTICE TO BIDDERS

The Borough of Hellertown solicits bids for the collection of recyclable materials in the Borough of Hellertown, Northampton County, Pennsylvania. Sealed, written bids shall be received at Hellertown Borough Municipal Complex, 685 Main Street, Hellertown, PA

18055, until 11:00 a.m., Thursday, October 15, 2020, on forms provided by the Borough. All bids so received shall be opened and read that same day, at 11:00 a.m., in Council Chambers, at the Municipal Complex. Borough Council shall consider the award of the bid at their regular meeting at 7:00 p.m., Monday, November 2, 2020. Due to COVID-19 restrictions at the time of award, the meeting may be held virtually or in person. Copies of the bid specifications and contract documents may be obtained at the Municipal Complex at a cost of $25 during regular business hours or from the Borough’s web site

A bid bond, drawn to the order of the Borough of Hellertown, in an amount equal to ten percent (10%) of the amount of the bid, shall be submitted with the bid proposal. Such bid bond may be in the form of cash, money order, certified or cashier's check, or bond with corporate surety.

Bid proposals shall be submitted in a sealed envelope marked:

"BID FOR RECYCLABLES COLLECTION, BOROUGH OF HELLERTOWN, PA."

There is no pre-bid meeting.

The number of residential units for which bidder shall be required to collect recyclables is estimated at 2,158 and 50 commercial.

Borough Council hereby reserve the right, which is understood by and agreed to by all bidders, to refuse or reject any and all bids submitted; to waive any informalities irregularity or defect in the bids or the bidding process; and, to award the bid in a manner which Council, at their sole discretion, feel is in the best interest of the Borough.

No bidder shall withdraw a bid that has been submitted for a period of sixty (60) days after the date of the bid opening.

Cathy Hartranft

Borough Manager

Advertise September 21 and September 28

CONTRACT #20-1

BOROUGH OF HELLERTOWN RECYCLABLES COLLECTION CONTRACT

A. GENERAL STIPULATIONS, SPECIFICATIONS AND INFORMATION FOR BIDDERS

1. SEALED BIDS:

Sealed bids shall be submitted to the Borough Council, Borough of Hellertown and marked "Bid for Recyclables Collection Contract", in accordance with the specifications attached hereto and will be received at the Hellertown Municipal Complex, 685

Main Street, Hellertown, PA 18055 until Thursday, October 15, 2020 at 11:00 a.m. It is the sole responsibility of the bidder to have submitted his bid in accordance with the specified schedule. No failure for any reason, including late mail delivery, to have bid or proposal in the Borough Secretary's office will be excused. Bids shall be submitted on the form/forms attached hereto marked "Bid Recyclables Collection Contract."

2. PRINTED FORM OF BIDS:

All Bids must be made upon the blank form of proposal attached hereto and must give the price proposed both in words and figures (written or typed in ink), and must be signed by the bidder with his full name and address; if a corporation, the place where chartered and the names, and business addresses of the President, Secretary and Treasurer, the Bid to be signed by the President, whose signature shall be attested to by the Secretary with the corporate seal placed thereon; in the event that the corporation has duly authorized another individual or individuals to sign on behalf of the President and Secretary, a copy of the Resolution or other formal action authorizing the entity signing the bid to do so on behalf of the corporation shall accompany the bid. In submitting the bids, the Bid form must not be removed from the general stipulations and information for bidders, the specifications, or the questionnaire, but deposited intact as received and properly sealed.

3. INTENT OF BID:

It is the intent of the Borough of Hellertown, Northampton County, that the successful bidder shall be the only licensed Recycling Hauler which will collect the Borough of Hellertown’s recyclable materials in the Borough, and use of the facilities services shall be mandatory for all residents in the Borough. For periodic or extraordinary accumulation of recyclable materials, however, the said residents shall be permitted to haul the accumulation in their own vehicles to an approved landfill site, subject to fees established by the recyclable site operator, and providing they comply with health and other applicable governing regulations and restrictions.

4. CERTIFIED CHECK:

Each Bid must be accompanied by cash, money order, cashier's check, certified check or bid bond with corporate surety, payable to the order of the Borough of Hellertown in the amount of ten percent (10%) of the annual bid to insure good faith in bidding. If a surety bid bond is utilized, it shall be mandatory that the bid bond specifically identify the bid to which it relates, and the date of the bid (which shall be on or before the date of the bid bond); additionally, it shall be mandatory that the Power of Attorney accompanying a 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, as well as signed by the principal bidder and the surety company, through its authorized representative.

Failure to comply with any of the aforesaid provisions shall result in the disqualification of the bid, which shall not thereafter be considered.

The above-mentioned check or bid bond shall be forfeited to the

Borough of Hellertown in the event of the contractor neglecting or refusing to enter into the contract and give bond as hereinafter specified, not as penalty but as just liquidated damages for delays or additional costs or expenses incurred by the Borough owing to his failure to accept the award and execute the contract and give bond as required.

5. CERTIFIED CHECK OR BID BOND-RETURNED:

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 will be returned to him after the execution of the contract and bond.

6. PLANS AND SPECIFICATIONS:

With each proposal, the bidder must furnish one set of general plans and specifications setting forth the equipment and methods proposed by him for collecting, receiving, transporting, conveying and recovery of recyclables. In particular, the methods, apparatus and equipment for elimination, collection and handling of the recyclables shall be specified and described in

sufficient detail to enable the Borough Council to judge their adequacy and sufficiency, as it is an essential requirement of this contract that the recyclables be collected, handled and

transported in a safe, efficient and professional manner.

7. QUESTIONNAIRE:

That the attached questionnaire must be fully and completely answered.

8. PROVISIONS FOR PLACE OF DISPOSAL ((RESERVED))

9. TYPES AND AMOUNT OF INSURANCE:

The Contractor must provide insurance coverage as provided herein:

A. Workmen's Compensation including Occupational Disease and

Employer's Liability Insurance.

1. Statutory amounts and coverage as required by

Workmen's Compensation

Pennsylvania.

Laws of the Commonwealth of

2. Employer's Liability- $100,000.

B. Public Liability, issued on a Comprehensive Liability Form, including coverage for direct operations, sublet work and contractual liability with limits not less than those stated below. Such insurance shall cover use of all equipment and motor vehicles used in this operation.

1. Bodily Injury Liability including personal injury

$1,000,000 each occurrence

$1,000,000 aggregate

2. Property Damage Liability

$1,000,000 each occurrence

$1,000,000 aggregate

Regarding personal injury: written on a non-participating basis (with no participation by insured.)

Regarding property damage: remove "XCU" Exclusions

(explosion, collapse, underground property damage.)

C. Comprehensive Automobile Liability Insurance, including coverage for owned, non-owned, and hired vehicles-with limits not less than those stated below:

1. Bodily Injury Liability

$1,000,000 each person

$1,000,000 each occurrence

2. Property Damage Liability

$1,000,000 each occurrence

D. Umbrella Insurance in the amount of $5,000,000.

E. Before commencing work, the Contractor shall submit evidence of the coverage required above to the Borough for review and approval. The Borough will, in writing, identify the policies and indicate its approval or disapproval. New policies from other companies shall be provided in place of those disapproved. Such insurance shall be carried with financially responsible insurance companies, licensed in the State and approved by the Borough, and shall be kept in force during the period of this contract. Contracts of insurance (covering all operations under this Contract) which expire before the termination date shall be renewed and evidence submitted to the Borough for its approval. Certificates shall be provided to the Borough.

F. The Contractor shall indemnify and hold harmless the Borough of Hellertown, as well as their Council Members, Mayor and anyone for whose acts they or any of them may be liable, and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense:

1. Is alleged to be attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself}, including the loss of use resulting therefrom, and

2. Is alleged to be caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or

3. Caused in whole or in part by any negligent act or omission of the Borough, anyone directly or indirectly employed by either of them, or anyone for whose acts any of them may be liable.

G. In any and all claims against the Borough or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them may be liable, the indemnification obligation under this paragraph "F" shall not be limited in any way by any benefits payable by or for the Contractor or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts.

10. CONTRACT AND BOND:

The successful bidder shall, within ten (10) days after notification of award, enter into a written contract with the Borough of Hellertown and shall also give it a bond with an approved surety company authorized to do business in the Commonwealth of Pennsylvania in the amount of one hundred (100%) percent of the contract price conditioned that he shall comply in obligations thereunder including the specifications, and shall indemnify and hold harmless said Borough of Hellertown against or from all cost, expense, damage, injury or loss to which said Borough of Hellertown may be subjected by reason of any wrong doing, misconduct, want or care, skill, negligence or default upon the part of the contractor, his agents or employees in or about the execution or performance of the contract, including said specifications and shall save and keep harmless said Borough of Hellertown against and from all claims or losses to it from any cause whatever, including patent infringements in the matter of completing said contract. All Bonds shall be in the forms prescribed by Law or Regulation or by this Contract and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 670 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Bond may be substituted by approved Bank Letter of Credit in the same amount. Bond or Letter of Credit to be approved by Borough Solicitor.

In case of failure or refusal on the part of the bidder to enter the said contract and file the aforesaid bond within ten (10) days of the notice of award, the amount of the deposit will be forfeited and paid the Borough of Hellertown.

11. The contractor shall give his personal attention constantly to the faithful performance of the work, shall keep the same under his own control, and shall not assign by power of Attorney or otherwise, and shall not sublet the work or any part thereof without the previous written consent of Hellertown Borough Council, Hellertown, PA. In such case, he shall state to Borough Council, in writing, the name and address of such subcontractor as he intends employing, the portion of the work which he is to do or the material which he is to furnish, his place of business and such other information as the Borough Council may require, in order for the Borough to know whether such subcontractor is reputable and reliable and able to perform the work as called for in the specifications.

The contractor shall not, either legally or equitably, assign any of the monies payable under the contract unless by and with the like consent of Borough Council.

The contractor shall not be released from any of his liabilities or obligations under this contract should the subcontractor fail to perform, in a satisfactory manner, the work undertaken by him.

12. COLLECTION SCHEDULE AND HOURS

Upon signing of the contract, the Contractor will provide to the Borough a schedule listing the days of the week that various parts of the Borough will be collected. In the event that the collection is to be completed all in one day, the Contractor agrees to adhere to the collections times set forth in the said Contract. In the event the collection day falls on a holiday, it is the option of the Contractor to follow normal schedules or to pick up on the day immediately following the holiday. Any schedule changes, whether it be day or times of collection, must be advertised in any major local newspaper within three (3) days of the affected collection day with notification to the Borough Manager for posting on its web site. The Contractor must agree to assume all costs of advertising any changes in collection days or hours due to holidays or otherwise.

Hours of collection shall be between 5:30 a.m. and 5:00 p.m. and shall occur only during weekdays (i.e. - Monday through Friday, inclusive.)

13. The Borough Council will determine who is the lowest responsible bidder upon the basis of the bids submitted, and reserves the right to reject any or all bids, and may re-advertise if the best interest of the Borough will thereby be promoted; to waive technical defects, if in its judgment the interest of the Borough shall so require, further, the Borough Council reserves the right to annul a contract if, in its opinion there shall be a failure at any time to perform faithfully any of its stipulations, or in case of a willful attempt to impose upon the Borough articles and service inferior to that required by the contract. Any action taken in pursuance of this latter stipulation shall not affect or impair any right or claim of the Borough for damages for the breach for any of the covenants of the contract by the contractor.

No proposal will be considered from any person, firm or corporation, who has defaulted in the performance of any contract or agreement made with the Borough of Hellertown or who has conclusively shown to have failed to perform satisfactorily such contract or agreement.

14. PAYMENTS

The Borough will pay and the contractor shall accept the price stipulated in the proposal hereto attached, as full compensation for the collection and disposal of recyclables. The price shall cover the cost of all labor, material or any other expense needed to complete the contract in all details.

The contractor shall render bills on the last Tuesday of each month for that month's work. Payments are to be authorized the first Monday of each month and payment made immediately thereafter.

15. MISSED PICKUP

In the event that the Contractor fails to make a regularly scheduled collection without just cause, the contract shall be deemed in default and the contractor will forfeit his performance bond. For purpose of this section, the missed collection will be defined as a substantial portion of any section of the Borough, not just one or several residences. In the case of a singular missed pickup reported by the Borough or a resident, Contractor shall collect the recyclable materials from such resident within twenty-four (24) hours of notification*.

All calls relating to missed pickups shall be logged by contractor and such log shall be available for inspection by the municipality. Also, for purposes of this section, rejection of a recyclables pickup by the Contractor due to the presence of contaminants (i.e. inappropriate or unacceptable materials), shall not constitute a "missed pickup." Contractor shall have employees stop in at Borough Hall office on the day of recyclable collection before leaving the Borough and before 4:30 p.m. regarding information on missed pickups. Any problems regarding inability to make a pickup are to be reported to the Borough as soon as possible.

*Failure to so collect the missed materials within the specified period shall result in the deduction of fifty ($50.00) for each such uncollected household from the payment for services next ensuing.

16. REPORTS

The Contractor shall, on or before the 20th day of each month, provide a monthly report (the "Monthly Report") to the Borough, which Monthly Report shall be submitted in the form requested by the Borough. The Monthly Report shall include complete information with respect to the preceding month including, without limitation, information regarding the dates and frequency of collection, the areas from which collections were made, the volume of refuse and the amounts of each recyclable material collected and the amounts due

to the Contractor under this agreement for services performed during such month. An example of a Monthly Report is attached as Exhibit "1". The monthly report shall provide any and all information as required by local state or Federal Law as amended.

17. INDEPENDENT CONTRACTOR

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

18. TERMINATION

a. In the event contractor materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this contract, Borough shall notify contractor in writing of the nature of such default.

Within fifteen (15) days following such notice:

1. Contractor shall correct the default; or

2. In the event of a default not capable of being corrected within fifteen (15) days of Borough's notification thereof, the contractor is required to correct the default with due diligence.

b. If the contractor fails to correct the default as provided above, Borough, without further notice, shall have all of the following rights and remedies which Borough may exercise singly or in combination:

1. The right to declare that this contract, together with all rights granted contractor hereunder, are terminated, effective upon such dates as Borough shall designate; and

2. The right to license others to perform their services otherwise to be performed by contractor, or to perform such services itself.

c. If Borough shall fail or refuse to perform its respective obligation under this Contract and such failure or refusal is not corrected within fifteen (15) days after notice, then Contractor, in addition to all remedies which Contract may have against Borough, by notice to Borough, to terminate Borough's right under this Contract.

19. LIQUIDATED DAMAGES

Inasmuch as damage and loss will be difficult or impossible to accurately assess, the Contractor shall pay to the Borough of Hellertown as liquidated damages and not as a penalty, in all cases where the Borough shall elect to accept said liquidated damage in lieu of actual damages, the following sums for the following acts:

a. For failure to make any collection on any one collection day, the Contractor shall pay the Borough of Hellertown Five Hundred ($500.00) Dollars for each day in which non-collection takes place plus the sum of Five Hundred ($500.00) Dollars per day for each vehicle hired or used by the Borough for the purpose of performing the Collection service which Contractor has failed to perform and also plus the sum of Two Hundred ($200.00) Dollars per day for each person used or employed including Borough employees assigned to the performance of this service.

b. For failure to make substantial collection of recyclables on any one collection day, the Contractor shall pay to the Borough of Hellertown the sum of Two Hundred Fifty ($250.00) Dollars for each day in which the failure continues plus the sum of Five Hundred and ($500.00) Dollars per day for each vehicle hired or used by the Borough for the purpose of performing the collection service which the Contractor has failed to perform and also plus the sum of Two Hundred ($200.00) Dollars per day for each person used or employed including Borough employees assigned to the performance of this service.

c. The Contractor shall be deemed to have failed to make substantial collection as herein above provided when he shall have failed to collect and remove at least ninety-five (95%) percent of the recyclable material ordinarily and normally collected and removed on each collection day, but if the Contractor has collected more than ninety-five (95%) percent of recyclables as aforesaid, it shall be deemed that he has made substantial collection and he shall not be subject to the damages herein provided but shall pay such liquidated damages herein as may be hereinafter prescribed. For the purpose of this Section, the Borough estimate of the percentage of recyclables collected as aforesaid shall be binding and conclusive on the Contractor.

d. For failure to clean up immediate spillage from the Contractor's vehicles, or resulting from the collection, carting or loading of recyclables, One Hundred Fifty ($150.00) Dollars for each failure.

e. For using vehicles and equipment which are not in good repair and which Contractor has failed to repair or properly maintain for a period of forty-eight (48) hours after receipt of written notice from the Borough of a directive to repair as required for the purpose of maintaining adequate and sanitary collections service and pursuant to the within specifications, the sum of One Hundred Fifty ($150.00) Dollars per day for each vehicle or piece of equipment used in violation of the directive.

20. COMPLIANCE WITH LAWS AND REGULATIONS

Contractor agrees that, in the performance of work and services under this Contract, Contractor will qualify under and comply with any and all Federal, State and local laws and regulations now in effect, as amended, or hereafter enacted during the term of this Contract which are applicable to contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein.

21. WEATHER, ETC.

The Contractor shall make arrangements to carry forth the transactions contemplated by this contract notwithstanding unexpected occurrences such as unusual weather conditions, temporarily closed streets, etc., and upon the occurrence of any such event, the Contractor shall make appropriate arrangements with the Borough to carry forth the transactions contemplated by this Contract. The provisions of this paragraph shall not require the Contractor to take any action which would endanger the health or safety of any person.

22. INCREASE IN COSTS

The Contractor and surety shall continue to be liable for any increase in costs above the Contract price for the balance of the term of this Contract, and the Borough shall not be responsible for any increase of wages or other costs thereof.

23. CLAIM FOR EXTRA WORK

No claim for any extra work outside of the work herein specified shall be made by the Contractor unless an express written agreement fully enumerated shall be entered into in advance in which it shall specifically set forth the price and terms under which said work is to be done.

24. NOTICE TO CONTRACTORS

The residence or place of business given in the bid or proposal upon which this contract is founded is hereby designated to be the place where all notices, letters and other communications shall be served, mailed or delivered. Any notices, letters or other communications addressed to the Contractor and delivered at the above place or deposited in a post-paid envelope in any Post Office box regularly maintained by the United States Post Office Department shall be deemed sufficient service thereof upon the Contractor, and the date of mailing shall be deemed the date of service. Nothing herein contained shall be deemed to preclude or render inoperative service of any notice, letter or other communication upon the Contractor personally.

25. COLLECTION EQUIPMENT

All collection vehicles to be used under this Contract shall be self-propelled, be of metal construction, securely covered, water tight and kept thoroughly cleansed and painted. Identification numbers shall be permanently affixed to each individual vehicle, and the Contractor's name and telephone number shall be displayed on either side of said vehicle in letters and numbers easily legible. The contractor must at all times maintain a sufficient number of back-up vehicles to assure uninterrupted collection schedules.

26. BIDS MAY BE REJECTED AS INFORMAL

Bids which contain erasures, alterations, conditional bids, omissions or irregularities of any kind may be rejected as informal.

27. TIME OF COMMENCEMENT AND EXPIRATION OF CONTRACT

The Contractor shall begin work on January 1, 2021 and the expiration date would be 11:59 p.m., December 31, 2021, or December 31, 2022, or December 31, 2023, or December 31, 2024 or December 31, 2025 predicated on whether the Borough awards a twelve (12), twenty-four (24) or thirty-six (36), forty-eight (48) or sixty (60) month contract.

28. OPTION CLAUSE

12 month, 24 month,36 month, 48 month and 60 month bids are being received.

29. WITHDRAWAL OF BIDS

Each and every bidder who submits his bid specifically waives any right to withdraw it prior to sixty (60) days unless the bidder submits credible evidence that the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetical error on any unintentional omission of substantial quantity of work, labor, material or services made directly in the compilation of the bid; provided(1) notice of a claim of the right to withdraw such bid is made in writing with the contracting body within two (2) business days after the opening of bids; and (2) the withdrawal of the contract on another bid of the same bidder, his partner or to a corporation or business venture owned by or in which he has a substantial interest.

No bidder who is permitted to withdraw a bid shall supply any material or labor to or perform any subcontract or other work agreement for any person to whom a contract or subcontract is awarded in the performance of the contract for which the withdrawn bid was submitted; without the written approval of the contracting body.

30. Conditions

Each bidder shall fully acquaint itself with conditions relating to the scope and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the General Conditions.

Pursuant to the authority granted to the County of Northampton by the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101), it is hereby directed that all Regulated Recycling Material collected in Hellertown shall be delivered and disposed of at the Designated Facility or Facilities set forth in the Licenses issued to any hauler by the County of Northampton. Further, it is hereby directed that any person awarded a contract as a result of this solicitation must obtain said License from the County of Northampton.

The bidder shall make its own determinations as to the conditions and shall assume all risk and responsibility and shall complete the work in and under conditions bidder may encounter or create, without extra cost to the Borough.

The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the work to be performed shall apply to the contract as throughout, and they will be deemed to be included in the contract as though written out in full in the contract.

31. Addenda and Explanations

Explanations desired by a prospective Bidder shall be requested of the Borough in writing. If explanations are necessary, a reply shall be made in the form of an Addendum, a copy of which shall be forwarded to each Bidder. Every request for such an explanation shall be in writing addressed to the Borough Secretary. Any verbal statements regarding the same by any person, previous to the award, shall be unauthorized and not binding.

Addenda issued to prospective Bidders prior to the date or receipt of Proposals shall become a part of the Contract Documents, and all Proposals shall include the work described in the Addenda.

All inquiries shall be submitted no less than seven (7) days prior to the date fixed for the submission and opening of the Proposals.

Any and all such interpretations and any supplemental instruction will be in the form of written Addenda, which, if issued, shall be mailed by certified mail, return receipt requested, to all prospective Bidders (at the respective addresses furnished for such purposes), no later than five (5) days to the date fixed for the opening of Proposals.

32. Competency of the Bidder

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

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

1. The experience of the contractor in the field of municipal recycling collection. This shall include an identification of the geographic area served. Bidder shall also supply the name, address and, if possible, the telephone number for an official with information concerning contractor's performance.

2. Evidence that the bidder is in good standing with the Commonwealth of Pennsylvania and, in the case of a corporation organized under the laws of any other state, evidence that the bidder is licensed or registered to do business in the Commonwealth of Pennsylvania.

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

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

33. Disqualifications of Bidders

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

A. Evidence of collusion among bidders.

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

C. Lack of responsibility as shown by past work, judged from the standpoint of workmanship.

D. Default on a previous municipal contract for failure to perform.

E. Failure to provide complete and/or providing inaccurate information in any of the bid documents and/or a violation of any bid instructions.

F. Failure of the bidder to meet the requirements of the bidding documents contained herein.

34. Non-Collusion Affidavit.

A Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to Pennsylvania Antibid-Rigging Act, 73 P.S. 1611 et seq,, governmental agencies may require a Non-Collusion Affidavit to be submitted together with bids. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid.

The term “complimentary bid” as used in the Affidavit as 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.

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

B. SPECIFICS FOR BIDDING RECYCLABLES

1. Bids are for the collection of "single stream" recyclables.

2. Bids are for "curbside/alley side" collection, on a bi-weekly basis.

3. Bids are limited to collection within the Borough limits and shall be provided for all improved residential properties, including all improved residential properties with multiple dwelling units.

4. Bids are being received for the following:

(a) Twelve (12) month bid (January 1, 2021 - December 31,

2021, inclusive.)

(b) Twenty-four (24) month bid (January 1, 2021 - December

31, 2022, inclusive.)

(c) Thirty-six (36) month bid (January 1, 2021 - December

31, 2023, inclusive.)

(d) Forty-eight (48) month bid (January 1, 2021 – December 31, 2024.)

(e) Sixty (60) month bid (January 1, 2021 – December 31, 2025.)

C. SPECIFICATIONS FOR THE COLLECTION OF RECYCLABLES

1. DEFINITIONS:

For the purpose of this contract, the following terms shall have the meaning set forth below:

a. "Aluminum" means aluminum food and beverage containers which contain only non-aerosol or edible substances.

b. “Bid Bond” - The corporate surety bond or a certified check drawn on a national bank, in the amount specified in the Instruction to Bidders, submitted with the Bid as a guarantee that the Bidder will, if called upon to do so, accept and enter in the Contract.

c. "Co-mingled" means, at a minimum, glass, aluminum, steel and plastic containers (as defined herein), placed in a special recycling container for the purpose of collection without having been segregated by color or type. If so agreed to by Contractor, other recyclables may be included in this definition.

d. “Commercial Establishment” - Any establishment engaged in a non-manufacturing or non-processing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, apartment buildings, theaters and churches. Any Commercial Establishment containing a residential dwelling shall be considered a Commercial Establishment except as provided in Item W, Residential Establishment.

e. “Contract” means the agreement entered into by and between the Borough and the chosen bidder, i.e. the Contractor, covering the work to be performed pursuant to the contract. The contract incorporates all contract documents and sets forth the terms of the agreement between the Borough and the Contractor and any duly executed changes, modifications or amendments thereto pursuant to the contract documents.

f. “Contract Documents” means the Notice to Bidders, General Stipulation, Specifications and Information to Bidders, (General Conditions) Contractor's Proposals, Disposal Certificate, Insurance Certificate, Performance Bond, Borough Ordinances, the Contract and any Addenda or changes to the foregoing documents agreed to by the Borough and the Contractor.

g. “Contractor” means entity or organization authorized by the Borough to collect, transport and dispose of the Borough’s refuse and recyclables.

h. "Corrugated Cardboard" - means Cardboard with a wavy center between two layers.

i. “Curbside” - From any Structure, the nearest point at the side of a Borough or State-maintained roadway, or from a Multi-family dwelling with a private roadway, the nearest point at the side of the private roadway, provided the property owner(s) has/have issued a waiver for collection vehicles to travel along the roadway for collection.

j. “Curbside Recycling” - the Borough-wide collection of recyclable materials contained in Borough designated containers or carts/toters that are provided to single family structures, and multi-family dwellings containing three (3) or less units.

k. “Designated Hauler” – the individual, firm, partnership, joint venture, corporation, association or other entity performing curbside collection of recycling from Residential Units of the Borough, municipal facilities, and community events and transporting same to an approved licensed Recycling Center.

l. “Dual Stream” – the process of separating recyclable materials by residents of the Borough based upon the type of recyclable materials at curbside.

m. “Effective Date” - means the date indicated in the Contract, on which the Contract becomes effective. If no such date is indicated, the date on which the Contract is signed and delivered by the last party to so execute.

n. "Glass" shall, for the purpose of this Contract, mean glass food and beverage containers commonly found in the home. It includes clear (flint}, green and brown (amber} colored containers. It excludes crystal, ceramics, light bulbs, plate, window, laminated, wired or mirrored glass.

o. “Industrial Establishment” - Any establishment engaged in the manufacturing or processing including, but not limited to, factories, foundries, mills, processing plans, refineries and the like.

p. “Institutional Establishment” - Any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages schools and universities.

q. “Multi-Family Dwellings” Structures for residential living consisting of attached residential dwelling units.

r. "Newspaper" - means newspapers and associated circulars inserted there in.

s. “Notice to Proceed” - a written notice given by the Borough to the Contractor fixing the date on which the Contract will commence and on which the Contractor shall commence performance of its obligations under the Contract Documents.

t. “Notice of Award” - the written notice by the Borough to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions enumerated therein and within the time specified therein, the Borough will deliver the Contract to the successful bidder for execution.

u. "Paper" means types of paper made from wood pulp

and/or other fibrous materials mixed together, either with or without chemicals, to produce thin sheets of the products customarily and primarily used for the production of newsprint and magazines.

v. “Performance Bond” - A corporate surety bond that guarantees compensation to the Borough in the event that it must assume the obligations and/or duties of the Contractor in order to continue the service as defined by the Contracts Specifications.

w. "Plastic" means water and milk jugs, soda bottles and laundry product containers made of polyethylene terephatalate (PET} and high density polyethylene (HDPE}, and being those containers of plastic composition bearing the plastics industry symbols '1' of '2' enclosed in a triangle.

x. "Processing Center" means the location which may be maintained by the Contractor for the purpose of sorting, preparing and/or consolidating recyclables (as defined in Section C) for sale.

y. "Public Awareness Program" means the program developed and provided by the Contractor or the Borough to inform and encourage residents to use the recycling collection services.

z. “Recyclables” - includes office and mixed paper, office paper, cardboard and flat board, newspapers including colored inserts, empty aerosol cans, junk mail, manila and brown folders, glossy paper and magazines, telephone books, bi-metal, tin, steel containers and aluminum cans, clear, green, and brown glass bottles and jars, and plastics (numbers 1, 2,3, 4, 5, 6 and 7,). Excludes hazardous waste, medical waste, syringes, food waste, toner cartridges, glass panes, Pyrex, food containers, and all Styrofoam products.

aa. "Recycling Collection Services" means those services to be performed by the Contractor as follows: (a} the collection of recyclables from locations specifically designated by the parties; (b) processing of recyclables as applicable; and (c) marketing of the recyclable materials.

bb. “Recycling Containers” refers to a metal or plastic receptacle used for the collection and storage of recyclables at a Residential Unit and placed curbside for Borough-wide collection. The use of “containers” by Borough residents shall only apply to the manual collection option.

cc. “Recyclable Waste” - Refuse utilized or marketed for reuse or reprocessing rather than disposed for in a disposal site.

dd. Residential Establishment - Any premises utilized primarily as a residential dwelling unit, including but not limited to, homes and mobile homes; apartments are considered commercial establishments. A commercial establishment containing not more than two residential dwelling units may elect to have the residential units considered residential establishment by written notice to the Borough Manager.

ee. “Single stream” – a recycling process whereby all Borough-designated recyclable materials are placed in one (1) cart/toter by Borough residents at curbside before collection by the Designated Hauler at curbside or at the Borough’s recycling center.

ff. “Steel and Bimetallic” means steel and bimetallic food and beverage containers which contain only non-aerosol or edible substances.

gg. “Work” - for the Contract, all the Work and all the workmanship, materials, labor and equipment required for the performance and completion of the Contract, including all labor, services, plant machinery, apparatus, appliances, tools, supplies and all other

services and/or things required by the Contract Documents to be done, furnished or performed throughout the contract term as prescribed herein and according to the requirements of the Borough Solid

2. BOROUGH'S REPRESENTATIVE

The Borough's representative, for the purposes of this bid specification and the Contract entered into pursuant to

this bid, shall be the Borough Manager.

3. SCOPE OF SERVICES

The Contractor shall perform recycling collection services

in the Borough according to the provisions of the Contract

and the provisions contained herein as follows:

a. Evidence that the bidder is licensed or permitted to do business in the Commonwealth of Pennsylvania and Northampton County, or a sworn statement that will take all necessary actions to become so licensed or permitted prior to the effective date of the contract if their Proposal is accepted. 

b. All recyclables collected will be disposed at a state-permitted disposal site as designated by the Northampton County Municipal Waste Management Plan The bidder shall collect recyclables for approximately 2,683 residential units and 16 commercial units within the Borough. 

c. The Contractor at all times shall observe and comply with all federal, state and municipal laws, bylaws, ordinances and regulations in any manner affecting the conduct of work or applying to employees in the contract, as well as all orders or decrees which have been promulgated or enacted by an legal bodies or tribunals having authority or justification over the work, materials, employees or contract.

d. The contractor shall provide the following collection services at no additional cost to the following:

i. Dimmick Park

ii. Borough Hall

e. The Contractor shall cooperate with the Borough in formulating and implementing a public awareness program informing property owners what constitutes “recyclables” that will be collected by the recycling collection Hauler and a separate notification system whereby properties who do not prepare recyclable materials in accordance with the contract and appropriate Borough ordinances shall be notified by affixing or delivering a ticket, sticker or other device which will indicate non-compliance.

f. Collection of Recyclables: The Contractor shall collect and remove all recyclables as per the contract.

g. Schedule and Time of Collection: The Contractor shall collect the recyclables placed at the curbside for collection as per the Contract.

h. Manner of Collection: The recyclables shall be collected in a neat and workmanlike manner, and if by accident or otherwise the recyclables shall be spilled, the Contractor shall be required to gather up same in a neat and clean manner. The Contractor shall also be obligated to load his vehicle in such a manner as to prevent spillage. The Contractor shall collect the recyclables in a workmanlike manner, with all receptacles and containers being handled as carefully and quietly as possible, being returned (not thrown) to the location where picked up. The Contractor's employees shall not be loud, noisy, vulgar, obscene or insulting to residents.

i. Obligations of Contractor Regarding Labor and Equipment: The Contractor shall, at his own cost and expense, perform all labor and supply all necessary vehicles, tools, equipment, materials and other facilities for the collection, removing and disposing of the recyclables in strict conformity with these specifications. The equipment shall be maintained in good working order and operating condition and shall be kept reasonably clean, both for safety and sanitation. The Contractor shall collect recyclables in vehicles which are suitable for such collection, are dedicated for use in the performance of recycling collections, and which bear prominent markings, signs

or decals identifying them as being recycling collection vehicles. The bodies of the vehicles shall be constructed to prevent the leakage of liquids to the maximum extent possible.

j. Recycling Containers: The Borough will supply each residential unit with recycling containers or container, depending on the Contract. The ownership of the recycling containers supplied, at cost, by the Borough shall remain with the residence for which it was supplied.

k. Replacement of Recycling Containers: The Borough agrees that it will promptly replace recycling containers and extras, at cost, when notified by a resident or the Contractor that a recycling container is damaged, missing or needs to be replaced.

l. Transportation, Sale and Disposal of Recyclable Materials: The Contractor shall transport the collected recyclables to the processing center or directly to markets. The Contractor shall take title to the recyclables upon pick-up from residents. The Contractor shall sell the recyclables to whatever market he deems appropriate for recycling and reuse, and the Contractor shall retain the full proceeds of such sales.

m. Public Awareness Program: The Borough and Contractor shall develop and implement a Public Awareness Program. Such program will include, at a minimum, preparation and distribution of at least two (2) notices to all residents prior to start-up of the recycling program, preparation of occasional press releases and presentations at local schools and community organizations. All such written notices, flyers or brochures prepared and issued in conjunction with this program shall include information on local recycling activities. The Borough and Contractor will use all reasonable means to effectuate the Public Awareness Program.

4. PREPARATION OF RECYCLABLES

Newspaper can either be tied in bundles of no more than fifty (50) pounds, with twine or string so as to enable the bundles to be handled by the twine or string, or it can be bagged in paper bags such as those paper bags

normally used for groceries. Aluminum, steel, bimetallic, tin, plastic and glass, poly coated cartons (milk & drink cartons) are to be thoroughly rinsed and placed in a container (or containers), provided by the Borough.

The container (or containers, marked "recyclables") should not exceed twenty (20) gallon capacity nor fifty (50) pounds in weight. Recyclables are to be placed a maximum of ten (10) feet from the regular refuse.

5. HANDLING OF RECYCLING CONTAINERS

All recyclable collectors shall exercise reasonable care in handling of recycling containers and shall not willfully break, deface or damage the same. Denting and damaging recycling containers will not be tolerated. Where used, covers will be replaced on containers when containers are returned to the curb.

All recycling containers destroyed by improper or careless handling of the same by the collector of recyclables shall be replaced by the Contractor at his own expense by purchasing from the Borough.

6. Holidays - The following shall be holidays for the purposes of the

Contract.

1. New Year's Day 4. Labor Day

2. Memorial Day 5. Thanksgiving Day

3. Independence Day 6. Christmas Day

7. Complaints - All complaints shall be made directly to the Borough and shall be given prompt and courteous attention. The Borough shall thereafter notify contract of any complaint.

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

2. The contractor shall maintain an office through which contractor can be contacted by the Borough. It should be equipped with sufficient telephones with toll-free calling and shall have a responsible person in charge from 8:00 am to 4:30 pm on regular collection days.

3. The contractor shall be available for communication with the proper Borough officials at all times. The Contractor shall provide the Borough with a cellphone number and e-mail address where a responsible employee of the contractor is available during regular business hours.

8. Recycling - The contractor will conduct a curbside single stream recycling collection program. The Borough will be responsible for implementing an ordinance mandating participation in the recycling program and specifying anti-scavenging provisions. All requirements concerning hours of operations, storage, routes, holidays, complaints, collection equipment, hauling and point of contract stipulated for municipal waste, unless otherwise expressly stated, apply with equal force to the collection of recyclables, except that the Borough shall designate the facility that all recyclables shall be deposited by the Contractor.

9. Items to be Recycled

1. The contractor will collect the following recyclables:

a. Clear glass

b. Colored glass: green and brown

c. Plastic; PET and HOPE

d. Aluminum

e. Steel and bimetallic cans

f. Newsprint

g. Magazines

h. Corrugated cardboard

i. High grade office paper

j. Any other recyclable material contained in the definition of recyclables contained in the Definitional Section.

2. Additional recyclables may be added to the list from time to time at the discretion of Borough Council.

10. Nondiscrimination - The contractor shall not discriminate against any person because of race, sex, creed, religion or national origin.

11. Indemnity - The contractor will indemnify, safe harmless, defend and exempt the Borough, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees incident to any work done in the performance of this contract arising out of an act or omission of the contractor, its officers, agents, servants and employees; provided, however, that the contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees arising out of a willful or negligent act or omission of the Borough, its officers, agents, servants and employees.

12. Licenses and Fees - The contractor shall obtain all licenses and permits and promptly pay all fees required by the State and/or County, including but not limited to the Northampton County Recycling fee and any fees of any Local Government Agencies.

BOROUGH OF HELLERTOWN RECYCLABLES COLLECTION MONTHLY REPORT

Month of 20____

Name of Contractor

Curbside No. Units serviced

Recyclables Pounds Collected

Newspaper Glass Aluminum Plastic

Steel and Bimetallic

Total Curbside Pounds Non-Curbside

Hygrade Office Paper Corrugated Paper Other Recyclables

Total Non-Curbside Pounds

PLEASE ATTACH ALL WEIGHT RECEIPTS WHERE POSSIBLE TO VERIFY THE AMOUNT COLLECTED.

I, the undersigned, hereby certify that all the information on this Monthly Recycling Report is accurate to the best of my knowledge.

Type of Print Name of

Authorized Representative

Signature

Date:

"EXHIBIT 1"

CONTRACT #20-01

BOROUGH OF HELLERTOWN

BID FOR RECYCLABLES COLLECTION CONTRACT

Borough of Hellertown

685 Main Street

Hellertown, PA 18055-1745

Gentlemen:

The undersigned, having familiarized (themselves) (itself) with the existing conditions in the Borough of Hellertown affecting the cost of the service and with the contract documents (which includes invitations for Bids, instructions to Bidders, the form of the Bid, the form of the Bid Bond, form of Contract and Agreement, form of Non-Collusive Affidavit, form of Surety Bond or Bonds); and on file in the office of the Borough of Hellertown, Pennsylvania, hereby proposes to furnish all supervision, labor, equipment and transportation services required to collect and dispose of recyclables in the Borough of Hellertown all in accordance with the above listed documents for the following prices:

BASE BID #1 Bi –weekly Collection. State the lump sum price for collection of recyclables for a period of twelve (12) months from date of contract (i.e. - January 1, 2021 through December 31, 2021, inclusive) :

____________________________________ ___________________________________

Written Figures

BASE BID #2 Bi-weekly Collection. State the lump sum price for collection of recyclables for a period of twenty-four (24) months from date of contract (i.e. January 1, 2021 through December 31, 2022, inclusive):

___________________________________ ____________________________________

Written Figures

BASE BID #3 Bi-weekly Collection. State the lump sum price for collection of recyclables for a period of thirty-six (36) months from date of contract (i.e. January 1, 2021 through December 31, 2023, inclusive):

___________________________________ ____________________________________

Written Figures

BASE BID #4 Bi-Weekly Collection. State the lump sum price for collection of recyclables for a period of twelve (12) months from date of contract (i.e. - January 1, 2021 through December 31, 2024, inclusive) :

____________________________________ ___________________________________

Written Figures

BASE BID #5 Bi-Weekly Collection. State the lump sum price for collection of recyclables for a period of twelve (24) months from date of contract (i.e. - January 1, 2021 through December 31, 2025, inclusive) :

____________________________________ ___________________________________

Written Figures

Date: ______________________________ Company Name: ____________________________

Official address: _____________________ Title: _____________________________________

___________________________________ Telephone: ________________________________

___________________________________ Fax: _____________________________________

QUESTIONNAIRE

(IMPORTANT: EACH BIDDER MUST FULLY AND COMPLETELY FILL OUT AND ANSWER THIS QUESTIONNAIRE.)

1. Method to be used in disposing of Municipal recyclables:

2. Precise location of processing center (if applicable):

Approximate acreage:

Improvements thereon such as incinerator, landfill, etc.:

Whether owned or leased:

If leased, give name and address of lessor and term of lease:

3. Methods, apparatus and equipment to be used for the elimination and control of nuisances that may arise during the process of treatment and disposal of municipal solid wastes

(set forth in detail.)

4. Equipment proposed to be used for the collection of recyclables:

Number of vehicles available for use in collection:

Description of vehicles:

Make/year/model [pic] [pic] [pic]

5. Experience in disposal of collection and disposal of refuse and recyclables. How many years have you engaged in the business of collection and disposal of refuse and recyclables?

_________________________________

What municipal contracts, similar to this, have you had within the past ten (10) years?

Name of Municipality Date of Contract Term of Contract

Have you ever defaulted on any contracts held by you? If so, give details:__________________________________________________________

____________________________________________________________________________________________________________________________________

6. Are there any unsatisfied judgments entered against you? If so, give details:_____________________________________________

______________________________________________________________

__________________________________________________________________________________

7. Give names and addresses of surety company which has agreed to act as surety on your bond should the contract be awarded to you.

____________________________________________________________________________________________

____________________________________________________________________________________________

8. List below the names and addresses of surety companies which have heretofore bonded you on municipal contracts:

___________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

9. General remarks:

The bidder hereby avers that the answers to this Questionnaire are true and correct and further agrees that said answers shall be considered as an integral part of the attached proposal.

Date: Company:_______________________

By:

Title:

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the Pennsylvania Antibid-Rigging Act, 73 P.S. sec. 1611 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

2· This Non-collusion Affidavit must- be executed by the member, officer or employer of the bidder who makes the final decision on prices and the amount quoted in the bid.

3. 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 or 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.

4. In case of a bid submitted by a 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.

5. 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.

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

NON-COLLUSION AFFIDAVIT

Contract/Bid No.______________

State of County of _______________________________

I state that I am ______________ of _________________________

Title Name of My 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 price(s) and the amount of this bid.

I state that:

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

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or 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 made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

(5) ____________________________________, its affiliates,_______

Name of My Firm

subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

I state that ____________________________ understands and

Name of My Firm

acknowledges that the above representations are material and

important, and will be relied on by ________________________

Name of Public Entity

in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from____________________ of the true facts relating to the

Name of Public Entity

submission of bids for this contract.

______________________________________

(Name and Company Position)

SWORN TO AND SUBSCRIBED

BEFORE ME THIS ______________DAY

OF ________________ , 20_______

Notary Public My Commission Expires

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, (**)

as Principal, and (***)

as Surety are hereby held and firmly bound unto

penal sum of , in the

Dollars and Cents ($ )

for the payment of which, well and truly to be made, we hereby, jointly and severally, bind ourselves, our heirs, executors, administrators, successors, and assigns.

Signed this day of

The condition of the above obligation such that whereas the Principal has submitted to the

a certain bid attached hereto, made a part hereof to enter into a contract in writing for the

NOW, THEREFCRE,

(a) If said bid shall be rejected, or in the alternate.

(b) If said bid shall be accepted, and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said Bid)and shall furnish a bond for his faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects, perform the agreement created by the acceptance of said Bid.

Then, this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

The Surety for value received hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extensions of the time within which the Principal may accept such Bid, and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, The Principal and Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed, and these presents to be signed by their proper officers, the day and year first set forth above.

WITNESS:

as to Surety Attorney-in-Fact (SEAL)

**

***

Insert Bidder's Name

Insert Name of Surety

STATEMENT OF SURETY COMPANY

In accordance with the provisions of the Agreement dated

__________________________, between ____________________________

Owner

of ___________County, Pennsylvania, and

____________________________ of __

(Contractor)

Surety on the bond of

(Surety)

__________________________________________________ after a careful

the

examination of the books and records of said Contractor or after receipt of an affidavit from the Contractor, which examination or affidavit satisfies this Company that all claims for labor, material and equipment rentals have been satisfactorily settled, hereby approves of the final payment of the said

(Contractor), and by these presents witnesseth that

payment to the Contractor of the final estimates shall not relieve the Surety Company of any of its obligations to

(Owner) as set forth in the said Surety Company's

Bond.

IN WITNESS WHEREOF, the said Surety Company has hereunto set

its hand and seal this day of________________________, 20___.

ATTEST:

____________________(SEAL) By:_____________________

(President)

NOTE: This statement, if executed by any person other than the President or Vice-President of the Company, must be accompanied by a certificate of even date showing authority conferred upon the person so signing to execute such instruments on behalf of the Company represented.

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned

as Principal, and

a corporation organized and existing under the laws of the State of

as Surety, and held and firmly bound unto the

(hereafter called “Obligee”)

in the full and just sum of

Dollars and Cents ($ )

lawful money of the United States of America, to be paid to the said

or its assigns, to which payment well and truly to be made and done, we bind ourselves, our heirs, firmly by these presents. Sealed with our respective seals and dated this ____________ day of ____________, 20___.

WHEREAS, the above-bounded Principal has entered into a contract with said Obligee dated the ___________ day of ___________, 20___, for ___________ upon certain terms and conditions in said Contract more particularly mentioned;

AND WHEREAS, it is one of the conditions of the award of the Obligee pursuant to which said contract is about to be entered into that these presents be executed

WITNESS:_______________________ ____________________________

INDIVIDUAL CONTRACTOR

____________________________

CONTRACTOR (Seal)

WITNESS:_______________________ ____________________________

PARTNERSHIP CONTRACTOR

____________________________

PARTNER (Seal)

____________________________

PARTNERSHIP (Seal)

____________________________

CORPORATION CONTRACTOR

WITNESS:______________________ ____________________________

PRESIDENT (Seal)

BUSINESS ADDRESS:

____________________________

____________________________

____________________________

____________________________

TELEPHONE NUMBER:

____________________________

Proposal Form

(TO BE EXECUTED ONLY IN THE EVEOIT THE ABOVE PROPOSAL IS ACCEPTED.)

ACCEPTED ON:_______________

__

______________

ATTEST:

Borough Secretary

BOROUGH OF HELLERTOWN

By:_____________________________

TOTAL AMOUNT OF CONTRACT:

Items Included in Contract:

__________________________________________________________________________________________

AFFIDAVIT RE

ACCEPTING THE PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

STATE OF )

)

) ss:

COUNTY OF

_________________________

says that

Being duly sworn according to law deposes and

he has

they have accepted the provisions of the Workman’s Compensation Act

it has

of the Commonwealth of Pennsylvania, with its supplements and amendments, and has/have insured his/their/its liability thereunder

in accordance with the terms of the said Act with

Company

________________________________

Contractor

By:

Sworn to and subscribed before me this day of

A.D. 20 ___.

_______________________________

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