HomeMy WebLinkAbout02-4408
Kenneth L. Joel, Esquire
Attorney I.D. No. 72370
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
ROBERT F. WALTERS,
Plaintiff
V.
SILVER SPRING TOWNSHIP and
BOARD of SUPERVISORS of SILVER
SPRING TOWNSHIP,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 6;) - 14 9 Dp / 7-e,-
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3199
AVISO
USTED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en ]as siguientes paginas, debe tomar accion dentro de los
proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o per medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anterionnente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra
reclamacion o remedio solicitado per el demandante puede ser dictado en contra suya per la Corte
sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A
UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3199
Kenneth L. Joel, Esquire
Attorney I.D. No. 72370
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
ROBERT F. WALTERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - EQUITY
NO. 0 - 1/40 E t, - '
SILVER SPRING TOWNSHIP, BOARD
OF SUPERVISORS of SILVER
SPRING TOWNSHIP,
Defendants JURY TRIAL DEMANDED
COMPLAINT
Robert F. Walters, ("Walters"), by his attorneys, Rhoads & Sinon LLP, files this
Complaint and avers as follows:
PARTIES
Robert F. Walters is an individual and taxpayer and resides in Silver Spring
Township. In fact, Walters has resided in Silver Spring Township for about fifty (50) years.
Walters' residential address is 218 Hogestown Road, Silver Spring Township, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
2. Silver Spring Township is a Second Class Township and it is governed by its
Board of Supervisors (collectively, "Township" or `Board"). The Township has an address of
6475 Carlisle Pike, Mechanicsburg, PA 17050-2391.
442978.2
3. The Township is authorized by the Second Class Township Code, 53 P.S. §§
65101, et SeMc ., and specifically 53 P.S. § 68102 to post bid specifications and award municipal
contracts.
4. The Township's ability to award municipal contracts is limited by the Second
Class Township Code and case law interpreting it.
5. Municipal contracts may be awarded only to the lowest, responsive and
responsible bidder and only after a full and honest and fair investigation into the responsibility of
a bidder.
FACTUAL ALLEGATIONS
York Waste Services The Township From 1997-2002
6. On October 1, 1997, York Waste Disposal, Inc. ("York Waste") entered into a
contract with Silver Spring Township for a period of three (3) years for the collection and
disposal of municipal solid waste, collection of recyclable materials, and other services ("1997
Contract"). A true and correct copy of the 1997 Contract is attached hereto as Exhibit A and
incorporated herein by reference.
7. The 1997 Contract provides, in pertinent part, that the Board can annul the
contract if, "in its opinion, there shall be a failure at any time to perform faithfully any of its
stipulations."
8. The 1997 Contract, while providing for unlimited service, required the Board to
adopt and keep complaint cards so that York Waste could inform the Board as to the failure of
the customers to comply with collection ordinances and regulations. Upon information and
belief, the Board did not do this.
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9. The 1997 Contract required the Board, through the Township Manager, to
investigate all complaints relating to the failure of the customers to comply with ordinances and
regulations. Upon information and belief the Board did not do this.
10. The 1997 Contract allowed the Board to seek and receive a written report from
York Waste regarding any and all complaints and corrective actions taken. Indeed, the Board
reserved the right to act as a mediator in service issues.
11. The 1997 Contract allowed the Board to terminate or cancel the contract, or
perform the contract itself or contract with another entity to perform the contract, if certain
conditions, such as unnecessary or unreasonable delay in performing the contractual duties or
failure to perform the contract, are met. The Township never did this.
12. In 2000, the Board extended the York Waste 1997 Contract for an additional two
(2) years.
13. Presently, then, the 1997 Contract, as extended, is due to expire on September 30,
2002.
14. Under the 1997 Contract, as extended, York Waste services 3,480 pick-ups of
trash and 3,480 separate pick-ups of recyclable items each week, which equals 6,960 pick-ups
per week or, put another way, 30,137 pick-ups each month.
15. During the 5-year contract period, the Board never notified York Waste, in
writing, that there were service issues or contract violations, which would disqualify or otherwise
render York Waste non-responsible.
16. During the 5-year contract period, the Board never attempted to cancel, terminate,
annul, perform or engage another entity to perform the contract it had with York Waste.
3
17. During the 5-year contract period, York Waste's records -- which were always
available to the Board but which the Board never requested to review -- demonstrates a success
rate of over 99.9%.
The Board's 2002 Invitation
18. On June 25, 2002, Silver Spring Township published an Invitation for Sealed Bids
for the Collection and Disposal of Municipal Solid Waste, Collection of Recyclable Materials,
and Other Services ("2002 Invitation"). A true and correct copy of the 2002 Invitation is
attached hereto as Exhibit B and incorporated herein by reference.
19. Pursuant to the instructions in the 2002 Invitation, the bids responsive to the 2002
Invitation were due on or before 2:00 p.m. on July 24, 2002.
20. On June 27, 2002, William S. Cook, Silver Spring Township Manager, sent a
letter to York Waste attaching the 2002 Invitation and, on behalf of the Board, personally invited
York Waste to submit a bid. A true and correct copy of this letter is attached hereto as Exhibit C
and incorporated herein by reference. This personal invitation was in addition to the publicly
announced 2002 Invitation.
21. On July 11, 2002, Assistant Township Manager Kelly K. Kelch, on behalf of the
Board, sent a letter to York Waste personally advising of changes to the 2002 Invitation. A true
and correct copy of this letter is attached hereto as Exhibit D and incorporated herein by
reference. Again, this personal letter was in addition to the publicly announced amendments,
which were publicized July 10, 2002.
4
22. Prior to July 24, 2002, York Waste timely submitted to the Board a bid proposal
for the Collection and Disposal of Municipal Solid Waste, Collection of Recyclable Materials,
and Other Services ("York Waste's Bid"). A true and correct copy of York Waste's Bid is
attached hereto as Exhibit E and incorporated herein by reference.
23. The 2002 Invitation allowed the Board the ability to reject York Waste's bid.
24. The Board did not prohibit York Waste from bidding.
25. The Board did not reject York Waste's Bid.
26. The Board accepted York Waste's Bid.
27. Bids were also submitted by Waste Management and Penn Waste.
28. On July 24, 2002, the Board publicly opened and tabulated the bid proposals for
the municipal solid waste contract.
29. York Waste was the lowest bidder at $10.24/unit/month for three (3) years. York
Waste's Bid was fully responsive to the 2002 Invitation and the bid specs, as amended.
30. Penn Waste was the second lowest bidder for all bids submitted for the Silver
Spring Township contract at $11.90/unit/month for three (3) years -- 16% higher that York
Waste. Waste Management's bid was even higher.
31. The Board, however, did not award the bid on July 24, 2002. Thus, for several
weeks, all bidders knew that York Waste was the lowest, responsive bidder.
5
The Board Did Not Perform An Adequate Assessment Of York Waste's Responsibility
32. From July 24, 2002 until August 14, 2002, the Board never notified York Waste,
in writing, that there were any service issues or contract violations, which would warrant
disqualifying York Waste as a bidder or otherwise determining that York Waste was not a
responsible bidder.
33. From July 24, 2002 until August 14, 2002, the Board never asked to review York
Waste's service records.
34. From July 24, 2002 until August 14, 2002, the Board never sought a meeting
with York Waste to discuss issues relating to its qualifications or responsibility as a bidder.
35. From July 24, 2002 until August 14, 2002, the Board never asked York Waste
for any additional information relating to, among other things, its financial condition, ability to
perform the contract, experiences in other municipalities.
36. From July 24, 2002 until August 14, 2002, the Board never asked York Waste
for any information relating to York Waste's qualifications or responsibility.
37. From July 24, 2002 until August 14, 2002, the Board never shared its alleged
records regarding York Waste's service with York Waste.
38. From July 24, 2002 until August 14, 2002, the Township never shared any of its
information regarding the responsibility of York Waste with York Waste.
The Board Improperly Disqualifies York Waste
39. On August 14, 2002, Defendant Board met at a regularly scheduled public
township meeting to award the contract.
40. A representative of York Waste was at the meeting.
6
41. Immediately before the public meeting was to begin, the York Waste
representative saw the president of Penn Waste -- a competitor of York Waste, which ultimately
received the Contract -- exiting the Township's offices. The president of Penn Waste was not at
the public meeting, however.
42. At this public Township meeting, for the first time in nearly five years, the Board
apparently opined (as no formal decision was made) that York Waste was not responsible.
43. This opinion was issued with no prior notice to York Waste.
44. This opinion was issued with no proper assessment or investigation into York
Waste's responsibility or qualification to perform the Contract.
45. This opinion was issued and the representative of York Waste was not even
permitted to address the Board or otherwise comment on either the process or the substance of
the decision.
46. No discussions were held and no findings were made with respect to York
Waste's responsibility.
47. As a result, the contract was awarded to Penn Waste, which was not the lowest
bidder.
48. By awarding Penn Waste the contract, Plaintiff and all residents of Silver Spring
Township shall be required to pay 16% more for waste and recyclable service as result of the
improper actions of the Board.
7
COUNTI
Violation of Second Class Township Code
49. Plaintiff incorporates paragraphs 1 - 48 as if fully set forth.
50. Second class townships are required to award all contracts to the "lowest
responsible bidder." 53 P.S. § 68102(a).
51. York Waste Disposal was the lowest responsive, responsible bidder and should
have been awarded the contract.
52. Specifically, York Waste was the lowest bidder by more than 16%.
53. Additionally, York Waste's bid was accepted and not rejected. Additionally, the
Board never opined that York Waste's bid, in some way, was non-responsive to the 2002
Invitation, as amended.
54. A municipality may only determine that a bidder is not responsible after a full and
careful investigation. Kratz v. Allentown, 304 Pa. 51, 155 A. 116 (1931). Additionally,
substantial reasons must be given to support a decision of non-responsibility. Id.
55. This investigation is thorough and requires analysis of the following elements: (a)
financial responsibility or standing; (b) reputation; (c) experience, (d) resources; (e) facilities; (f)
judgment; (g) efficiency; (h) promptness; (i) faithfulness; 0) capacity and ability to do the work
according to the plans and specifications; and (k) safety of prior work done by contractor.
Thomas P. Camey, Inc. v. School District of Philadelphia, 633 F. Supp. 1273, 1287 (E.D. Pa.
1986); Kratz v. Allentown, 304 Pa. 51, 155 A. 116 (1931).
56. In terms of responsibility, the Board did not comply with Pennsylvania law in
terms of the full, fair and honest investigation that it was required to undertake. Specifically, the
Board never requested any information from York Waste, never met with York Waste, never
8
shared its documents or findings with York Waste, never notified York Waste of potential
service or contract issues and never rendered any public decision that York Waste was not
responsible.
57. Additionally, the Township did not provide substantial reasons for its decisions.
58. Penn Waste was not the lowest, responsive, responsible bidder.
59. The Board's investigation, to the extent there was one, and its actions were not in
compliance with Pennsylvania law.
60. Without a full and careful investigation into the responsibility of York Waste and
without substantial reasons, the Board may not disqualify York Waste and may not award the
contract to Penn Waste.
61. By awarding the contract to a higher bidder, Penn Waste, the Board's actions
were arbitrary, capricious, unlawful, improper and an abuse of discretion.
62. By awarding the contract to a higher bidder, Plaintiff and all residents of Silver
Spring Township shall be harmed. To that end, Walters will be forced to pay significantly more
for waste and recyclable collection and transportation.
63. Plaintiff is irreparably harmed by the Township's actions. Shaeffer v. City of
Lancaster, 754 A.2d 719 (Pa. Commw. 2000).
WHEREFORE, Walters respectfully requests that this Court grant judgment in his favor
and issue an Order as follows: (1) voiding, nullifying or otherwise negating the Board's award
of the contract to, and contract with Penn Waste; (2) declaring that York Waste was the lowest,
responsive and responsible bidder; (3) compelling the Board to award the contract for Collection
and Disposal of Municipal Solid Waste, Collection of Recyclable Materials, and Other Services
9
to York Waste Disposal, Inc.; and (4) preventing the Township from performing its contract with
Penn Waste. Further, Walters requests attorneys' fees and costs allowable by law.
Respectfully submitted,
RHOADS & SINON LLP
By: Kvnt?
Kenneth L. Joel, Es uire
One South Market S uare
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
10
CERTIFICATE OF SERVICE
I hereby certify that on September 12, 2002, a true and correct copy of the foregoing
Complaint was served by means of fax and United States mail, first class, postage prepaid, upon
the following:
Steven Stine, Esquire
23 Waverly Drive
Hummelstown, PA 17036
1
Carolyn H ecker
1 ?. .?
/il • ^^
?..?? ivl
l;'_: ._
__ _ ±,,
REQUESTS FOR PROPOSALS
FOR
COLLECTION AND DISPOSAL OF SOLID WASTE
AND RECYCLABLES AND OTHER SERVICES
SILVER SPRING TOWNSHIP
6475 CARLISLE PIKE
MECHANICSBURG, PA 17055
TABLE OF CONTENTS
COLLECTION AND DISPOSAL OF SOLID WASTE
AND RECYCLABLES AND OTHER SERVICES
NOTICE TO BIDDERS ..................................................... I
GENERAL STIPULATIONS AND INFORMATION FOR BIDDERS .............. .... 2
SEALED BIDS OR PROPOSALS .................................... .... 2
PRINTED FORM OF BIDS ........................................ .
Z
BID SECURITY ................................................. ...
.... 2
FINANCIAL STATEMENT ........
................................
PLANS AND SPECIFICATIONS ...... .... 3
..............................
QUALIFICATION OF BIDDERS .................................... .... 3
.... 3
QUESTIONNAIRE ................................................ .... 4
APPROVAL OF PLATT OR DISPOSAL AREA ........................ .... 4
CONT _ACT AND BOND .........................
......... 4
......
NOT TO SUBLET OR ASSIGN CONTRACT ..........................
.... 5
RESERVATIONS AND ANNULMENTS .............................. .... 5
BIDS MAY BE REJECTED AS INFORMAL ........................... .... 6
TERMS OF CONTRACT .......................................... .... 6
BIDDERS' RESPONSIBILITY AS TO NUMBER OF DWELLING UNITS ... .... 6
CHANGES PRIOR TO THE OPENING OF BIDS ....................... .... 6
WITHDRAWAL OF BIDS ......................................... .... 7
SPECIFICATIONS FOR COLLECTION OF REFUSE AND OTHER SERVICES ...... .. 3
GENERAL I NTENT ................................................ .. 9
DEFINITIONS .................................................... .. 9
PROVISIONS FOR PLACE OF DUMPING ................... . ..... . ..... . 9
METHODS OF COLLECTION ....................................... . 10
TIME WHEN COLLECTIONS SHALL BE MADE ........................ . 11
HOURS WHEN COLLECTION SHALL BE MADE ....................... . 11
CANS OR CONTAINERS FOR REFUSE ................................ . 11
HANDLING OF CONTAINERS ....................................... . 12
PENALTY FOR CONTAINERS .................................. ..... . 12
CLEAN-UP WEEK ................................................. . 13
RULES UNDER WHICH GARBAGE, REFUSE AND ASHES SHALL BE
COLLECTED ......... :...................................... 13
INVESTIGATION AND REPORTING OF COMPLAINTS OF FAILURE BY
OCCUPANT ................................................. 13
INVESTIGATION AND REPORTING OF COMPLAINTS BY RESIDENTS ..... 13
MATERIALS COLLECTED TO BE PROPERTY OF CONTRACTOR .......... 14
EXCLUSIVE RIGHT TO SUCCESSFUL BIDDER ......................... 14
CONTRACTOR TO HAVE TELEPHONE IN HOUSE AND/OR OFFICE ....... 14
INSPECTION OF TRUCKS ........................................... 15
OBSERVATION OF LAWS AND ORDINANCES ......................... 15
OBLIGATIONS OF CONTRACTOR REGARDING LABOR AND
EQUIPMENT.. 15
COLLECTION OF SOLID WASTE (REFUSE)
MISSED COLLECTIONS ............................................. 16
TOWNSHIP CONTAINERS ........................................... 16
BILLING .......................................................... 16
PERMITS AND LICENSES ........................................... 16
RESPONSIBILITY OF CONTRACTOR ................................. 16
LOADING OF MATERIAL ON VEHICLES ............................. . 17
INDEPENDENT CONTRACTOR ..................................... . 17
CONDITIONS UNDER WHICH CONTRACT MAY BE CANCELED OR
TERMINATED BY THE BOARD OF SUPERVISORS ............... . 17
AUTHORIZING TOWNSHIP TO PERFORM CONTRACT ................. . IS
SPECIFICATIONS FOR COLLECTION OF RECYCLABLE SOLID WASTE .......... 19
DEFINITIONS ..................................................... 20
TERMS OF AGREEMENT ............................................ 22
MUNICIPALITY'S REPRESENTATIVE ................................. 27
SCOPE OF SERVICES ............................................... 22
Collection of Recycling Materials ................................. . 22
Type of Materials to be Collected for Recycling ...................... . 22
Schedule and Time Collection .................................... . 22
Manner of Collection .......................................... . 23
Obligation of Contractor Regarding Labor and Equipment .............. . 23
Recycling Containers .......................................... . 23
Transportation, Sale, and Disposal of Recyclable Materials .............. . 23
Missed Pick-up ............................................... . 24
Refusal to Pick-Up ............................................. . 24
Reports .................................................... . 24
Public Awareness Prosram ...................................... . 24
Schedule of Performance ....................................... . 24
BILLING ......................................................... . 25
MUNICIPALITY'S OBLIGATION ..................................... . 25
LANDFILL, TRANSFER STATION OR PROCESSING FACILITY AFFIDAVIT
.......................................................... . 25
CONDITIONS OF WORK ........................................... . 26
INSURANCE REQUIREMENTS ................................. ..... . 26
PERFORMANCE BOND ............................................ . 26
INDEPENDENT CONTRACTOR ......... ............................. . 26
NOTICE TO CONTRACTORS ................................... ..... . 26
BANKRUPTCY OR INSOLVENCY OF CONTRACTOR .............. ..... . 27
BREACH .................................................... ..... . 27
COMPLIANCE WITH LAWS AND REGULATIONS ....................... 27
WAIVER .......................................................... 28
LAW TO GOVERN ................................................. 28
ASSIGNMENT ..................................................... 28
PREPARATION OF RECYCLABLES ................................... 28
FORCE MAJEURE .................................................. 28
EXHIBIT I - CONTAINER ................................................. 29
EXHIBIT 2 - MONTHLY RECYCLING REPORT ............................... 30
MIND" INSURANCE REQUIREMENTS ................................... 31
QLESTIONTNAIRE ........................................................ 33
PROPOSAL FOR COLLECTION AND DISPOSAL OF GARBAGE, ASHES AND
OTHER REFUSE RECYCLABLES AND OTHER SERVICES ................ 37
NOTICE TO BIDDER
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
Sealed bids will be received until 2:00 P.M., prevailing time, on Wednesday, August 6, 1997,
in the office of the Township Manager, Municipal Building 6475 Carlisle Pike, Mechanicsburg,
Pennsylvania and will then be publicly opened and read for the collection of and disposal of garbage,
ashes, and refuse from dwelling units within Silver Spring Township; for the collection of and
disposal of recyclable materials from said dwelling units together with recyclable containers for an
initial period of three (3) years commencing October 1, 1997 with an option for an additional two (2)
year period that will be negotiated with the contractor no later than six (6) months prior to the end
of the initial three (3) year period, and for clean-up week services to be held for one week in the
spring of each contract year.
All bids shall be in accordance with the instructions and specifications set forth in the bidding
documents and proposals and must be submitted on forms provided by Silver Spring Township in an
envelope clearly marked "Sealed Bid - Collection and Disposal of Solid Waste and Recyclables and
Other Services".
Copies of the Proposal and other Contract documents relating thereto may be obtained at the
Silver Spring Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania 17055.
Each proposal shall be accompanied by a certified check in the amount of $1,000.00 for bid
security in favor of Silver Spring Township.
The Board of Supervisors reserves the right to accept or reject any or all bids and to waive
any informalities or technicalities in the bids received, and to accept the bid which it deems to be in
the best interest of Silver Spring Township.
The Township of Silver Spring is not subject to the mandatory recycling requirements of the
PA Solid Waste Management Act.
John E. Freilino
Township Manager
SILVER SPRING TOWNSHIP
COLLECTION AND DISPOSAL OF SOLID WASTE
AND RECYCLABLES AND OTHER SERVICES
FOR THE PERIOD OF THREE YEARS WITH
AN OPTIONAL TWO YEAR NEGOTIABLE PERIOD.
GENERAL STIPULATIONS AND INFORMATION FOR BIDDER
SEALED BIDS OR PROPOSALS
Sealed bids or proposals shall be addressed to the Township Manager, Silver Spring
Township, Municipal Building, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania, 17055 and marked
"Sealed Bid - Collection and Disposal of Solid Waste and Recyclables and Other Services", in
accordance with the specifications attached hereto and will be received at the above address until 2:00
P.M., prevailing time, on Wednesday, August 6, 1997. At approximately 2:00 P.M. all bids will be
publicly opened and read. The proposal will relate only to dwelling units.
PRINTED FORM OF BIDS
All proposals must be made upon the blank form of proposal attached hereto and must give
the price proposed, both in words and figures (written in ink or typed), and must be signed by the
bidder with his full name and address, and where partnership, the name and address of each partner
in full, if a corporation, the place where chartered and the names, titles and business address of the
President, Secretary and Treasurer. In submitting bids, the proposal form must not be removed from
the General Stipulations and Information for Bidders, the Specifications for Collection of Refuse and
Recyclables and Other Services, Insurance requirements, or the Questionnaire, but deposited intact
as received, and properly sealed.
BID SECURITY
No proposal will be accepted unless the bidder shall furnish a bid security in the form of a
certified check made payable to the Township of Silver Spring, in the amount of $1,000.00. The
certified check is to be received with the bid.
The above mentioned check shall be forfeited to the Township of Silver Spring in the event
the Contractor neglects or refuses to enter into the contract and to give bond as hereinafter specified,
not as penalty but as just and liquidated damages for delay and additional costs or expenses incurred
by the Township owing to his failure to accept the award and execute the contract and give bond as
required.
The certified check of the unsuccessful bidders will be returned after the contract is awarded.
The certified check of the successful bidder will be returned after the execution of the contract and
bond. The Township shall not be liable for any interest on any such bid security.
4. FINANCIAL STATEXENT
Each proposal shall be accompanied by a full and complete statement (notarized and certified
to be correct) of the financial condition of the bidder for a period of twelve (12) months last
preceding the month in which this bid is submitted. In addition, the bidder shall furnish the Township
Manager a complete financial report of bidder's prior year's operation including all information
pertinent to actual collection, disposal and billing operation setting forth all costs, wage rates and
other information necessary to determine the financial responsibility of the bidder.
Each proposal shall also be accompanied by a statement of any litigation pending against the
bidder.
PLANS AND SPECIFICATIONS
With each proposal the bidder must furnish one set of general plans and specifications setting
forth the equipment, the size of work crew, times of collection subject to approval by Silver Spring
Township, routing and methods proposed for collecting, receiving, transporting, conveying, handling,
and disposing of the garbage, ashes and refuse to the disposal site designated as well as the recyclable
materials. In particular, the methods, size and location of disposal area, apparatus and equipment for
the elimination and control of nuisances that may arise during the process of collection, treating or
disposal of the material shall be shown specified and described in sufficient detail to enable the Board
of Supervisors to judge the adequacy and sufficiency, as it is an essential requirement of this contract
that neither objectionable odors, noxious gases nor putrescent liquid shall escape during or after the
process of collection treatment or disposal to the extent of constituting a public nuisance or
hazardous or toxic waste. In addition, the bidder shall submit a sworn statement that he will abide
by all ordinances, rules and regulations of any municipality providing or making available land-fill
disposal facilities and of any other governmental unit having jurisdiction thereof.
6. QUALIFICATION OF BIDDERS
Silver Spring Township reserves the right to reject the Proposal of any bidder not possessing
satisfactory qualifications as deemed by the Township.
- 7. QUESTIONNAIRE
The attached questionnaire must be fully and completely answered. However, to the extent
that the information called for in Paragraph 4 above is detailed and set forth in the Questionnaire, it
need not be otherwise duplicated. All bidders are required to submit in writing with their bids the
names, addresses and phone numbers of at least two (2) references familiar with the service being bid.
Failure to submit references may result in rejection of the bid.
APPROVAL OF DISPOSAL FACILITY
The location of the disposal facility which the bidder proposes to use in the disposal of
garbage, ashes, and refuse must be in accordance with the current Cumberland County Municipal
Waste Management Plan, meet the approval of Silver Spring Township and be certified by the
Commonwealth of Pennsylvania.
9. CONTRACT AND BOND
The successful bidder shall, within ten (10) working days after notification of award, enter
into a written contract with the Township of Silver Spring and shall also give to 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 first year's collection charges based upon an assumed
number o dwelling units For the purpose of the bond for the fg t ;gam the number=z?f dvuelltng I i irs
shallbe assumed tmi 900' The bond will be adjusted annually based upon current rates and units
and for further adjustment if disposal fees are increased. This is conditioned that he shall comply in
all respects with the term and conditions of the contract, and his obligation thereunder, including the
specifications, and shall indemnify and save harmless said Township of Silver Spring against or from
any and all costs, expense, damage, injury or loss to which the said Township of Silver Spring may
be subjected by reason of any wrongdoing, misconduct, want of 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 indemnify and save harmless said Township of Silver
Spring against and from all claims against it or losses to it from any cause whatever, including but not
limited to patent infringements in the matter of completing said contract. Bond to be subject to the
approval of the Township Solicitor.
In case of failure or refusal on the part of the bidder to enter into said contract and file the
aforesaid bond within ten (10) days of the notice of award, the amount of the bid security check will
be forfeited and paid to the Township of Silver Spring.
10. NOT TO SUBLET OR ASSIGN CONTRACT
The Contractor shall give personal attention constantly to the faithful performance of the
work, shall keep the same under the Contractor's control, and shall not transfer or assign by power
of attorney or otherwise, nor sublet the work or any part thereof without the advance written consent
of the Board of Supervisors of Silver Spring Township. In such case, Contractor shall state to the
Board of Supervisors of Silver Spring Township in writing, the name and address of such assignee
or sub-contractor as Contractor intends to engage, the portion of the work which the assignee or sub-
contractor is to do or the material which he is to furnish, his place of business and such other
information as the Board of Supervisors may require, in order to know whether such sub-contractor
is reputable and reliable and able to perform the work as called for in the specifications.
Contractor shall not, either legally or equitably, assign any of the moneys payable under the
contract unless by and with the like advance written consent of the Board of Supervisors of Silver
Spring Township.
The Contractor shall not be released from any of his liabilities or obligations under this
contract should any sub-contractor fail to perform in a satisfactory manner the work undertaken by
11. RESERVATIONS AND ANNULMENTS
The Board of Supervisors of Silver Spring Township 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 readvertise if the best interest of the Township will thereby be promoted, to waive technical
defects, if, in its judgement, the interest of the Township shall so require; also, the right to annul any
contract if, in its opinion, there shall be failure at any time to perform faithfully any of its stipulations,
or in case of a willful attempt to impose upon the Township articles or services inferior to those
required by the contract. Any action taken in pursuance of this provision shall not affect or impair
any right or claim of the Township to recover damages for the breach of any of the covenants of the
contract by the Contractor.
12. BIDS MAY BE REJECTED AS INFORMAL
Proposals or bids which contain erasures, alterations, conditional bids, omissions, or
irresularities of any kind may be rejected as informal.
5
i3. TERMS OF CONTRACT
The Contractor shall begin work under the contract on October 1, 1997. The contract shall
continue for a period of three (3) years with the option of an additional two (3) year period that will
be negotiated with the contractor no later than six (6) months prior to the end of the initial three (3)
year contract Contractor shall not be paid by the customer for any months during which he does not
collect all material from the dwelling as provided in the specifications if the failure to collect was
within the contractors ability to control as determined by the Township.
14. BIDDERS' RESPONSIBILITY AS TO NUMBER OF DWELL IN , TT.NTTS
It is stipulated that the bid under this proposal shall be for a monthly rate per dwelling unit.
A "dwelling" is a building used for residential purposes, except hotels, apartments with more than
four (4) dwelling units, tourist cabins, motels and trailers in trailer parks. A "dwelling" unit is one
or more rooms in a dwelling which room or rooms have fixed cooking facilities arranged for
occupancy by one person, two or more persons living together, or one family. All bidders are advised
and cautioned that the Township makes no warranty as to the number of dwelling or dwelling units
within the Tovmship now or at any time in the future. It will be the responsibility of the successful
bidder to ascertain the number of dwelling units from time to time and to deliver the information to
the Township or its collecting agent. As the bid under this proposal is for a monthly rate per dwelling
unit, nothing herein is to be construed as a warranty as to the number of dwelling units or the gross
amount which may be received at any time by the successful bidder.
15. CHANGES PRIOR TO THE OPENING OF BIDS During the period allowed for preparation of bids, the bidders may be furnished addenda or
bulletins for additions to or alterations of the Specifications, which shall be included in the work
covered by the Proposal and become a part of the Contract Documents. If any prospective bidder
is in doubt as to the true meaning of any part of the Specifications or other Contract Documents, he
may submit to the Township Manager a written request for an interpretation thereof. The bidder
submitting the request will be responsible for its prompt delivery. Any interpretation of the Contract
Documents will be made only by an addendum duly issued and a copy of such addendum will be
mailed or delivered to each prospective bidder of record. The Township will not be responsible for
any other explanations or interpretations of the proposed Contract Documents. All bidders will
acknowledge in the space provided for in the Proposal the receipt of all Addenda.
16. WITHDRAWAL OF BIDS
No bid may be withdrawn for a period of sixty (60) days after the date and time designated
for the opening thereof.
6
SILVER SPRING TOWNSHIP
SPECIFICATIONS FOR COLLECTION
OF REFUSE AND OTHER SERVICES
7
SPECIFICATIONS
GENERAL IIN'TENT
Contractor shall collect, remove and properly dispose of solid waste from all dwellings in the
entire Township of Silver Spring except as otherwise noted, all in a manner and with equipment in
accordance with these Specifications, including any and all requirements set forth in the General
Stipulations and Information for Bidders, and together with any and all applicable requirements of
the Pennsylvania Department of Health, the Pennsylvania Department of Environmental Protection,
and Cumberland County, Pennsylvania.
2. DEFENITIONS
GARBAGE - where it occurs in these specifications means putrescible animal and vegetable
waste resulting from the handling,_.preparation, cooking and consumption of foods.
ASHES - where it occurs in these specifications means residue from burning of wood, coal,
coke, or other combustible material.
REFUSE - as defined in these specifications is all putrescible and non-putrescible solid wastes
(excluding body wastes), but including garbage, rubbish, ashes, and street cleanings.
MATERIAL - includes garbage, trash, ashes, refuse, and rubbish.
DWELLING - where it occurs in these specifications means a building used for residential
purposes, except hotels, apartments with more than four (4) dwelling units, tourist cabins,
motels, trailers in trailer parks and occupiers of farm land containing ten (10) or more acres.
DWELLING UNIT - when it occurs in these specifications means one or more rooms in a
dwelling which room or rooms has fixed cooking facilities arranged for occupancy by one
person, two or more persons living together, or one family.
PROVISIONS FOR PLACE OF DUMPING
The Contractor shall utilize a Cumberland County designated disposal facility to dispose of
all garbage, ashes, and refuse to be collected during this contract and will guarantee the availability
of a disposal facility during the entire term of the contract. In addition, the Contractor must submit
with his bid proper proof in writing that he either has or can obtain such a plant or area for dumping
and that dumping in the area is in compliance with all applicable and existing state and municipal rules
or ordinances in the area. In addition, the bidder shall submit a sworn statement stating that he will
abide by all statutes, ordinances, rules and regulations of any municipality providing or making
available disposal facilities and of any other governmental unit having jurisdiction thereof. In the
event that there is a lawful increase in charge to the Contractor for the use of such disposal plant or
dumping area during the term of this contract, Contractor shall have the right to increase his charges
in such amount and only in such amount, as will enable Contractor to recover such increased
expenses, if any, subject to prior submission by Contractor to Board of Supervisors of satisfactory
evidence of such increased expenses and also subject to prior approval thereof by the Board of
Supervisors. Failure of Contractor to submit such evidence of such increased expense within thirty
(30) days after Contractor knows of or should have known of such increased expense shall constitute
a waiver of and relinquishment of any right to any of such increased expense. In the event that the
Township provides or makes available a disposal plant or dumping area, including provision thereof
through agreement with the state, county, political subdivision or municipal authority thereof,
Contractor agrees to use such disposal facilities, and the Township reserves the right to charge a fee
for the use of such facilities. In such case, the Contractor shall have the right to increase his charges
in such amount but only in such amount, as will enable him to recover such increased expense, if any.
4. METHODS OF COLECTT N
All material must be collected in water tight, covered plastic or metallic cans or durable and
watertight plastic bags that can be easily and quickly handled by one man, capable of being removed
without spilling which shall be loaded in a truck and delivered to the disposal facilities. Contractor
shall be responsible for retrieving all materials spilled by it in the collection and disposal process.
Trucks to be used for the removal of material shall be of metal body, securely covered,
watertight, stronsly built, kept thoroughly cleansed and well painted and must have the name of the
Contractor, telephone number and truck number painted on each side of the same, in letters of a size
to be read at a distance of 25 feet and always legible. Open trucks or trucks covered with tarpaulins
will not be acceptable.
Contractor shall handle all receptacles and containers as carefully and quietly as possible and
shall return (not throw) them to the location where picked up.
The Township shall have the right to inspect any collection vehicle at any time and any place
it is being used within the Township. In addition, the Contractor shall make vehicles available for
inspection whenever so requested by the Township at a specific time and place.
5. TIME WHEN COLLECTIONS SHALL BE MADE
Collection of solid waste (refuse) from all dwellings shall be made one (1) time per week for
the entire year.
Contractor must notify customers, at its own expense, of collection dates.
9
Collections which would normally occur on a holiday shall be rescheduled for the next
business day following the holiday. Holidays shall include New Years Day, Memorial Day, Fourth
of July, Labor Day, Thanksgiving Day, and Christmas Day.
The Bidder shall submit with his proposal, a detailed plan for the collection of the refuse. The
routing plan shall include the number of vehicles and personnel to be used, and the day of the week
that each area of the Township will be collected. This plan and its accompanying details shall be
subject to the approval of the Board of Supervisors of Silver Spring Township, and failure of the
Board of Supervisors to approve the plan shall be cause for rejecting a bid.
HOURS WHEN COLLECTION HAT B MADE
All collections shall be made between the hours of 6:00 A.M. and 3:00 P.M., prevailing time;
provided, however, that this shall not prevent the collection of material on an emergency basis during
other hours when necessitated by natural catastrophe, or other conditions beyond the control of the
Contractor. The extension of the emergency, hours shall at all times be subject to the approval of the
Township Manager.
NT OR CONTAINERS FOR REFUSE
All parties or persons occupying dwelling units within the Township of Silver Spring will be
required by the Township to provide and use (1) refuse containers of durable, watertight, rust-
resistant materials having a close fitting lid with handles with a capacity of not more than forty (40)
gallons and shall be of such size as can be handled easily by one man, or (2) durable and watertight
plastic bags.
The maximum weight of a filled container shall not exceed eighty (80) pounds, and the
maximum weight of a filled plastic bag shall be limited to such weight as will not cause the bag to
break when lifted and carried to Contractor's equipment. Garbage shall be thoroughly drained of all
water and wrapped in paper. All rubbish containers or plastic bags shall be securely covered or tied,
as the case may be.
Tree trimmings, hedge clippings, and similar rubbish shall be cut in lengths not exceeding five
(5) feet and shall be securely tied in bundles before being deposited for collection.
Iron-recyclable printed matters, not placed in containers shall be securely tied in bundles not
exceeding forty (40) pounds with twine or string or bagged in paper bags.
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8. HkNDLING OF CONT INERS
The Collector shall exercise every reasonable care in handling of refuse containers and shall
not willfully break, deface or injure the same. All covers will be replaced on cans when cans are
returned to the place of collection.
9. PENALTY FOR CONTAINERS
All cans or containers, except plastic bags, broken or destroyed in improper or careless
handling of the same by the Collector of material shall be replaced by the Contractor at his own
expense.
a. The Contractor shall submit as a separate bid; in addition to regular refuse collection, a
proposal to provide personnel, and equipment to collect and dispose of large and bulky household
items from d-.-cllin s which have. been placed at the curb during one designated week in the spring
known as Spring Clean-up Week. The specific week is to be mutually agreed upon by the Contractor
and the Township and advertised in the local newspaper by the Township.
b. The Contractor shall also submit a bid that includes a spring clean-up week charge within
the monthly residential price.
11. RULES UNDER =CH AR 4 REFUSE ND A HE SHALL BE OLL CTFDD
The Contractor shall be required to collect an unlimited number of containers, plastic bags,
and bundles of the authorized size and weight. Where Contractor has not made a collection by reason
of the customer's failure to comply with collection ordinances or regulations, the Contractor shall
report the matter in writing to the Township Manager or his designee upon prescribed complaint
cards to be adopted by Township and made a part of this system and contract.
)12 INVESTIGATION AND REPORTIL4 OF CONTLAMS OFFAILURE BY OCCUPANT
It will be the duty of the Township Manager or his designee to investigate all complaints made
of failure by occupants of dwelling or dwelling units within the Township to comply with the
provisions of the ordinances concerning packaging and placement of refuse materials and to prosecute
all offenders under such provisions.
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13. rNNVESTIGATIO\ A_ND REPORT IN OF OMPL T BY RESIDENTS
All complaints by residents of the Township, made through the Township or directly to the
Contractor regarding the services provided under the Contract, shall be responded to by the
Contractor. Upon request from the Township Manager, the Contractor will provide a written report
to the Township on any or all complaints and the corrective action taken.
A. Date of complaint
B. :Name, address and telephone number of the person making the
complaint
C. Description and nature of complaint
D. Date of resolution of complaint
E. Description of resolution of complaint
If the complaint has not been resolved, this should also be indicated.
The Township reserves the right to intercede as a mediator in any unresolved complaint by
a resident or property owner, to investigate said complaint and to act as an intermediary to bring the
resident and the Contractor together to resolve the complaint. ?
It will be the duty of the Township Manager to investigate all complaints made of failure by
occupants of dwelling or dwelling units within the Township to comply with the provisions of the
ordinances concerning this Contract.
14. MATERIALS COLLECTED TO BE PROPERTY OF UNTRA TOR
The Contractor, for the collection and disposal of any material mentioned in these
specifications, shall be considered the owner and sole possessor of all material from the time of its
collection.
15. EXCLUSIVE RIGHT TO SUCCESSFUL BIDDER
The successful bidder shall have the exclusive right and privilege of collecting, removing and
disposing of all garbage, rubbish and ashes from dwelling units in the Township of Silver Spring as
aforesaid. The resulting contract will provide that no person shall carry, convey or transport through
the streets, alleys or public places of the Township any of the aforesaid materials from dwelling units
subject to the penalties prescribed by the law of the State and Ordinances of the Township, or the
rules of the Health Department or any governmental agency having jurisdiction. The Township agrees
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to prevent, as far as lawful, any person other than the Contractor from gathering, hauling, removing
or carrying any material from dwelling units within the Township limits, which by these specifications
the Contractor is required to collect and dispose.
16. CONTRACTOR TO HAVE TELEPHONE IN HOU E AND/OR OFFICE
Contractor shall establish and maintain and list in the Greater Harrisburg Telephone Directory
a toll-free telephone number within his house, office or plant which persons in Silver Spring Township
may use to contact Contractor and shall attend such telephone during normal business hours
established by Township every day of the week, except Saturday, Sunday and holidays.
17. INSPECTION OF TRUCKS
The Contractor shall be required to present his trucks for inspection within the Township
limits at such reasonable times and places as may be designated by the Township Manager or his
designee.
18. OBSERVATION OF LAWS AND ORDINAN S
All municipal ordinances, laws of the Commonwealth of Pennsylvania and of the United
States, and rules and regulations promulgated thereunder shall be observed by the Contractor.
19. OBLIGATIONS OF CONTRA TOR RE R IN LABOR AND OUIPMHNT
The Contractor shall, at his own cost and expense, perform all labor and supply all necessary
vehicles, tools, equipment, materials, and other facilities to meet all obligations set forth in these
specifications. Equipment shall be maintained in good working order and operating condition shall
be kept reasonably clean, both for safety and sanitation reasons.
Contractor shall use vehicles which are approved by the Township. Such vesicles shall be
suitable for such collection and shall generally be dedicated for use in the performance of recycling
collections and/or refuse collection as appropriate. All vehicles shall bear prominent markings, signs,
or decals identifying them as being collection vehicles. Contractor shall have available a minimum
of two (2) recycling vehicles and two refuse compactors for the performance of work under these
specifications. The bodies of vehicles shall be covered to prevent materials from being blown about
and shall be constructed to prevent the leakage of liquids to the maximum extent possible.
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20. COLLECTION OF SOLID WASTE (REFUSE)
a. Contractor shall collect or remove all solid waste (refuse) placed at the curbside on public
streets from all dwellings located in the municipality as defined herein. All collection services
performed shall be expanded to include newly constructed dwellings as they become inhabited.
b. Contractor shall also offer door side service to all verifiable, handicapped persons in the
Township. This arrangement will be made directly between the contractor and resident.
21. MISSED COLLECTIONS
The Contractor shall be responsible for the pickup of any material missed or overlooked
during the regular collection. All missed material shall be collected within twenty-four (24) hours
following notice to the Contractor.
22. TOWNSHIP CONTAINERS
Contractor shall provide the following dumpsters or trash removal containers, and full
collection service for use by Silver Spring Township at no charge: Township Municipal Building and
at Township owned recreation areas; and any other Township building, or parks, etc. created or
erected during the lifetime of this contract; Silver Spring Community Fire Company; New Kingstown
Fire Company; and the Silver Spring Ambulance Association. The Contractor will also provide to
the Township a large roll-off container twice a year at the place and time designated by the Township.
23. BILLING
Contractor will be solely responsible for collection of fees for service directly from the
property owner or tenant. Silver Spring Township will not be responsible for any collection fees and
will not do any billing. Billing shall be done on a regular and convenient basis but, in any event,
Contractor will, at a minimum, bill in intervals not to exceed three (3) months.
24. PERMITS AND LICENSES
The Contractor shall obtain from the proper authorities, all permits or licenses necessary to
carry on this work, shall pay any fees or charges required, and shall be responsible for conducting its
operations in accordance with the provisions set forth in these specifications and the contract.
14
25. RESPONSIBILITY OF CONTRACTOR
The Contractor will be and is hereby responsible for any and all injury or damage to property
or persons or accidents which may occur to any person or persons in consequence of Contractor's
act, or the acts of Contractor's agents, servants, or employees. Contractor agrees that appropriate
public liability and worker's compensation insurance shall be obtained and maintained at all times
during the Contract, protecting Township against loss or injury occasioned by the acts of the
Contractor, Contractor's agents, servants, or employees, in accordance with attachment entitled
"Minimum Insurance Requirements". The Contractor shall comply with the provisions of the current
Worker's Compensation Act and any supplements or amendments thereto relative to worker's
compensation insurance, and shall furnish proof to the Township that he has accepted the provisions
of said Act and either insured his liability thereunder or secured exemption therefrom. The
Contractor shall indemnify and save harmless the Township of Silver Spring against of, and from any
and all costs, expenses, damages, claims, demands, suits, injury or loss to which the said Township
may be subjected by reason of any wrongdoing, misconduct, negligence or fault of Contractor, his
agent servants, or employees in or about the execution or performance of the said contract.
26. LOADING OF MATERIAL ON VEHICLES
Should the Contractor desire to load material on transfer vehicles, such transfer shall be
located and operated so as not to cause a nuisance inside the Township limits and will be approved
by the Township.
27. INDEPENDENT CONTRACTOR
Successful bidder shall perform all work and services described herein as an independent
contractor and not as an agent, servant or employee of municipality.
28. CONDITIONS UNDER WHICH CONTRACT MAY BE CANCELED OR TERMINATED
BY THE BOARD OF SUPERVISORS
If the work under this contract shall be abandoned by the Contractor, or if this contract shall
be assigned or the work sublet by him other than as herein specified, or if at any time the Board of
Supervisors shall be of the opinion, and so certify in writing (which certificate shall be final, binding
and conclusive on the Contractor) that the performance of the contract is being unnecessarily or
unreasonably delayed, or that the Contractor is violating any of the conditions or covenants of this
contract, or the specifications thereof, or is executing the same in bad faith, or not in accordance with
the terms thereof, the Board of Supervisors may cancel and terminate this contract by a written
notice, to be served upon the Contractor either personally or by leaving it at his residence of office,
and Board of Supervisors shall thereupon have the power and is hereby authorized to procure in the
manner prescribed by law such and so much of said work to be performed by others as may be
15
necessary to fulfill this contract and in such cases, the Township shall have the power and is herebv
authorized to charge to the Contractor the amount of loss suffered by the Township, upon a reletting
of the contract, if the amount of moneys received by the Township shall be less than the amount
which would have been payable under this contract if the same had been completed by the Contractor,
then the Contractor shall and will pay to the Township the amount of such differences.
29. AUTHORIZING TOWNSHIP TO PERFORM CONTRACT
If the Contractor shall fail to perform any part of the work called for in this contract in
accordance with the terms thereof and the Board of Supervisors decides not to cancel and terminate
this contract as provided in previous clause, the Board of Supervisors shall have the power and is
hereby authorized to perform or cause or procure to be performed by others such part of the work
as the Contractor shall fail to perform at the expense of the Contractor and to deduct such expenses
and collect the cost of same out ofthe bond filed by the Contractor, in any legal proceedings, or any
loss by reason thereof or both, at the sole option of the Township.
16
SILVER SPRING TOWNSHIP
SPECIFICATIONS FOR COLLECTION
OF RECYCLABLE SOLID WASTE
17
SILVER SPRING T01A'NSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SPECIFICATIONS FOR COLLECTION OF RECYCLABLE SOLID WASTE
DEFINITIONS
For the purpose of these specifications, the following terms shall have the meaning set forth
below, unless the context clearly indicates otherwise:
ALUMINUM - the lightweight ductile and malleable metallic substance or element commonly
known as aluminum and shall include all aluminum food and beverage cans. This description
excludes aluminum foil, trays, plates, and miscellaneous aluminum products.
COiV MTNGLED - refers to placement of recvciabie materials as defined herein, except
newspapers, corrugated cardboard, magazines and junk mail, in a special recycling container
for the purpose of collection without their having been segregated by color or type.
CONTRACT DOCUMENTS - include the Public Advertisement - Invitation for Bids,
General Stipulations and Information For Bidders, General Specifications and Requirements,
Questionnaire, Proposal Form, Contract, Bid Bond, and any addenda issued by the Township;
and any changes to the foregoing documents agreed to by the Township and the Contractor.
CONTRACTOR - means that individual, partnership, firm, corporation or business entity
designated by the Ivlunicioality by means of an independent contract, as the person having the
exclusive right and privilege to collect, haul, carry, remove or disperse of all garbage, trash,
ashes, rubbish, refuse, and recyclable materials from dwelling units with the Municipality.
GLASS - shall for the purpose of this contact mean the hard, brittle, transparent or partially
transparent substance produced by fusion of silica and silicates or sand containing soda and
lime and/or other chemicals and substances usually or conveniently included in the
manufacture of glass; and shall for the purpose of this contract include all materials commonly
known as glass bottles or containers. This includes all food and beverage containers made
of glass of one gallon or less capacity. Excluded are blue glass, ceramics, pottery, and flat
glass commonly known as "window" or "plate" glass.
HDPE - High Density Polyethylene
HAZARDOUS WASTE - is any chemical, compound, mixture, substance, or article which
is designated by the United States Environmental Protection Agency or appropriate agency
of the state to be "hazardous" as that term is defined by or pursuant to federal or state law.
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:NfU-NICIP.ALITY - means "Silver Spring Township", Cumberland County, Pennsylvania.
NEWSPAPER - 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; newspaper does not include
magazines or glossy paper inserts commonly used in advertisements.
PET - Polyethylene terephthalate used to make plastic soda bottles.
PLASTIC - means a class of synthetic organic compounds capable of being molded, extruded,
cast, or otherwise fabricated into various shapes. It shall include 1 and n2, high density
polyethylene (HDPE) and polyethylene terephthalate (PET). It shall exclude low density
polyethylene (LDPE), polypropylene (PP) and polyvinlychloride (PVC).
PROCESSING CENTER - is any facility maintained for the purpose of storing, preparing,
and/or consolidating recyclable materials (as defined herein) for sale.
PUBLIC AWARENESS PROGRAM - is the program developed by the municipality with the
assistance and cooperation of the Contractor to inform and encourage residents to use the
recycling collection services.
RECYCLABLE MATERIALS - includes colored and clear glass, aluminum/tin cans, plastic
PET bottles, plastic milk and water jugs (HDPE), newspaper, magazines, junk mail, empty
aeresol cans and such other materials as the parties may agree in writing.
RECYCLING COLLECTION SERVICES - those services to be performed by Contractor
as follows: (1) the collection and conveyance of recyclable materials; (2) processing of
recyclable materials as applicable; and (3) marketing of the recyclable materials.
RECYCLING CONTAINERS - sturdy plastic containers as set forth on Exhibit 1, having a
minimum capacity of 20/22 gallons, being of one color as designated by the. municipality,
bearing the municipal recycling logo, and bearing a list of the recyclable items which are being
collected with drainage capacity for liquid.
TIN - the ferrous metal food or beverage containers commonly known as "tin cans"
2. TERMS OF AGREEMENT
The term of this contract shall be for an initial period of three (3) years commencing within
sixty (60) days from the award of the contract. An additional two (2) years may be negotiated with
the contractor at the sole prerogative of the township.
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I . MUNICIPALITY' FP F NTATIVE
The municipality's representative for purposes of this bid specification and the contract
entered into pursuant to this bid shall be the Township Manager.
4. SCOPE OF SERVICES
Contractor shall perform recycling collection services in the Township of Silver Spring as
follows:
a. Collection of Recycling Materials- Contractor shall collect and remove all recyclable
materials which are co-mingled and placed in or adjacent to recycling containers at the
curbside on public streets (curbside) from all dwelling units. The recycling collection services
performed shall be expanded to include newly constructed units as they become inhabited.
b. Type of Materials to be Collected for R cvcling The type of recyclable materials to
be collected regularly shall be determined by joint agreement with the municipality and the
contractor collecting recyclable materials, and may be changed by the Township no more
often than once annually. The recyclable materials will include: newspaper, clear/colored
glass, aluminum/tin cans, plastic PET bottles, plastic milk and water jugs (HDPE), junk mail,
and empty aerosol cans.
C. Schedule and Time Collection- Contractor shall collect the recyclable material placed
at the curbside for collection weekly for all dwelling units on the same day as garbage
collection. Collection will not be made on the following holidays: New Year's Day,
Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Collection which
would normally occur on such holidays shall be rescheduled for the next business day. Said
collection of recyclables shall be commenced and completed between the hours of 6:00 A.M.
and 3:00 P.M., prevailing time, except in the case of mechanical breakdown or emergency or
unusual circumstances.
d. Manner of Collection- The recyclable materials shall be collected in a neat and
workmanlike manner, and if by accident or otherwise the recyclables shall be spilled, the
collector shall be required to gather up and retrieve 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.
e. Oblieation of Contractor Regarding Labor and Equipment The Contractor shall at
his own cost and expense provide all labor and supply all necessary vehicles, tools, equipment,
materials, and other facilities for the collection and handling of the recyclables/solid waste in
strict conformity with these specifications. Equipment shall be maintained in good working
order and shall be kept reasonably clean.
Contractor shall collect recyclable materials in vehicles which are suitable for such
20
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.
Contractor shall have available a minimum of two (2) recycling vehicles for the performance
of work under this contract. The bodies of such vehicles shall be constructed to prevent the
leakage of liquids.
f. Recycling Containers, Contractor shall provide to each dwelling unit at least one
plastic container of not less than 20/22 gallons capacity for use in collection of recyclable
materials, as specified in Exhibit 1. Contractor shall warrant the containers to be free of
defects for the term of the contact. Contractor may charge the resident, at cost, for additional
containers or for replacements for reasons other than defects. The Township recycling logo
shall be clearly and permanently displayed on the recycling containers to be provided by
Contractor. The recycling containers shall be uniform in color and lettering with same to be
determined in advance by Township.
Contractor shall also provide containers for recyclables and full collection service for the use
by Silver Spring Township at no charge at the Township Municipal Campus, Township
owned recreation areas and parks, other Municipal buildings designated by the Township, and
at Fire Stations, Ambulance Associations, and other similar emergency service facilities in
Silver Spring Township created or erected during the lifetime of this contract.
g. Transportation. Sale and isnosal ofRecyclable Materials Contractor shall transport
the collected recyclable materials to a processing center or at its election, directly to a
purchaser. Contractor shall have title to the recyclable materials upon pickup, may sell or
otherwise transfer the recyclables as Contractor deems appropriate (provided the recipient
thereof is in the business of recycling such materials for re-use), and shall retain all proceeds
from such sales. Contractor shall submit to the Township a report within thirty (30) days of
the end of each calendar quarter setting forth by month the amount of and proceeds collected
from the sale or transfer of the recyclable material and from whom the proceeds were
received.
h. Missed Pick-up; In case of missed pick-up reported by the municipality or a
customer, Contractor shall collect the recyclable materials from such customer within twcnty-
four (24) hours of notification. All calls relating to a missed pick-up shall be logged by
Contractor and such log shall be available for inspection by municipality.
i. Refusal to Pi k- io• Contractor may refuse to make a pick-up under the following
circumstances:
If a customer does not properly separate recyclable materials from solid waste. If
contractor refuses to make the pick-up, contractor will issue a notice to the customer
which contains instructions for the proper separation of recyclable materials from the
solid waste and will also notify the Township Manager of such instance.
21
j. Reporm Contractor shall on or before the 30th day of January provide an annual
report (the "Annual Recycling Report") to municipality in the form included herein as Exhibit
2.
k. Public Awareness Program Municipality, with assistance and cooperation of the
collector shall develop and implement a Public Awareness Program for the recycling program.
. Municipality will use all reasonable means to effectuate the Public Awareness Pro.-ram
including insertion ofnotices in general mailings issued by the Municipality and coordination
with local press.
1. Schedule of Performance Contractor shall perform those services set forth in these
specifications in accordance with the Schedule of Performance attached hereto.
BU,LING
Contractor will be solely responsible for collection of fees for service directly from the
property owner or tenant. Silver Spring Township will not be responsible for any collection fees and
will not do any billing. Billing shall be done on a regular and convenient basis but, in any event,
Contractor will, at a minimum, bill in intervals not to exceed three (3) months.
MUNICIPALITY'S OBLIGATION
Municipality shall:
a. Use reasonable efforts to inform customers of (i) the benefits which may be obtained
from recycling and (ii) the types of waste which are recyclable, and (iii) the schedule for
collection of recyclables;
b. Use reasonable efforts to enforce the rules and regulations relating to containers for
recyclables and proper preparation of recyclable materials by customer for collection by
contractor;
C. Use reasonable efforts to protect contractor's ownership of all recyclable materials
placed at the curbside for collection by contractor under the terms of the contract entered into
pursuant to these specifications including enforcement of any anti-scavenging ordinance;
22
d. The municipality shall adopt and enact appropriate ordinances to ensure the proper
source separation of recyclable materials by each customer, proper storage and placement of
recyclable materials and the remaining solid waste for efficient collection by the contractor,
education of the customer in these activities and enforcement of the provisions of the
ordinances related to source separation, recycling and collection.
7. LANDFILL. TRANSFER STATION OR PRO ES IN FACILITY AFFIDAVIT
Pursuant to provisions of the Solid Waste Management Act, Act of July 7, 1980, P.L. 380,
No. 97, 35 P.S. 56018.101 et seq., and amended by Act 101 of 1988, 53 P.S.-S4000.101 and the
Cumberland County Waste Management Plan and interpretive cases thereunder, the Municipality is
obliged to ascertain that the ultimate disposal of the residential solid waste remaining after removal
of recyclable materials is at a site or facility permitted to accept such wastes (S6018.202 of 35 P. S.).
Accordingly, as part of each bidder's submission, each bid must be accompanied by a signed copy of
the Landfill, Transfer Station, or Processing Facility Affidavit and/or ultimate disposal site, on the
form attached hereto, pursuant to the terms of which the owner or operator of the Commonwealth
of Pennsylvania Department of Environmental Protection approved and licensed landfill, transfer
station or processing facility will agree to accept all residential solid wastes remaining after removal
of recyclable materials in the performance of this contract.
8. CONDITIONS OF WORK
The municipality does not make any representations in connection with the work. Bidders
must become fully aware of the conditions relating to the work. Failure to do so will not relieve the
successful bidder of his obligation to furnish and perform the work, or to carry out the provisions set
forth in these specifications and the contract incorporating them.
9. INSURAJNCE REQUIREMENTS
The Contractor shall obtain and maintain during the term of the contract Worker's
Compensation Insurance, Public Liability Insurance for bodily injury and property damage, and
Automobile Insurance sufficient to protect himself and the municipality from claims of damages for
personal injury, including wrongful death as well as from claims for property damage, which may arise
from the performance of the said contract and "Environmental Insurance" to protect Township from
future liability at a landfill, disposal or processing facility. The amounts of the insurance shall be as
set forth under "Minimum Insurance Requirements".
10. PERFORMANCE BOND
The successful bidder will be required to furnish a bond for the performance of the contract
as required by paragraph 9 of General Stipulations and Information for Bidders.
23
11. INDEPENDENT CONTRACTOR
Successful bidder shall perform all work and services described herein as an independent
contractor and not as an agent, servant or employee of municipality.
12. NOTICE TO CONTRACTOR
The residence or place of business given in the bid or proposal upon which this contract is
based is hereby designated to be the place where all notices, letters, and other communications shall
be served, mailed or delivered by municipality. 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 the date of service.
i?othing herein contained shall be deemed to preclude or render inoperative service of any notice,
letter or other communication upon the contractor personally.
13. BANKRUPTCY OR INSOLVENCY OF CONTRACTOR
Should the Contractor be declared insolvent or bankrupt, such adjudications of the insolvency
or bankruptcy may be construed by the municipality as a default under this contract and each and
every remedy hereinabove provided for.
14. BREACH
a. In the event Contractor fails to perform any of its obligations under its bid and this
contract and such failure is not corrected by Contractor within fifteen (15) days of
municipality's written notice to Contractor:
1. Municipality may declare this contract terminated and thereupon,
Contractor shall be liable to municipality for any excess costs incurred
by municipality during the balance of the term of this contract for
performance of the services Contractor was to have provided.
b. If municipality fails to perform its obligation under this contract and such failure is not
corrected within fifteen (15) days of Contractor's written notice thereof to municipality,
Contractor may declare this contract terminated and may pursue any other remedy at law or
in equity.
24
16. COMPLIANCE WITH LAWS AND REGULATIONS
Contractor agrees that, in performance of work and services under this contract, contractor
will comply with all federal, state and local laws and regulations now in effect, or hereafter enacted
during the term of this contract, which are applicable to contractor, its employees, agents, or sub-
contractors, if any, with respect to the work and services described herein.
16. WAIVER
A waiver of any breach of any provision of this contract shall not constitute or operate as a
waiver of any other breach of such provision or of any other provisions, nor shall any failure to
enforce any provision hereof operate as a waiver of such provisions or of any other provision.
17. LAW TO GOVERN
This contract is entered into and is to be performed in the Commonwealth of Pennsylvania.
Municipality and Contractor agree that the law of the Commonwealth of Pennsylvania shall govern
the rights, obligations, duties, and liabilities of the parties to this contract and shall govern the
interpretation of this contract.
18. ASSIGNMENT
Neither this contract nor any portion, nor any of the proceeds thereunder, may be assigned
by Contractor to any person, firm or corporation except upon the prior written consent and approval
of the municipality.
19. PREPARATION OF F y ABLE
Contractor shall not be required to collect any recyclables which do not meet the following
specifications. Paper must either be tied in bundles of no more than forty (40) pounds with twine or
string or bagged in paper bags. Aluminum, tin, and glass must be thoroughly rinsed, caps removed,
and placed together in a container as specified in Exhibit 1 attached hereto.
20. FORCE MAJEURE
Contractor's obligations hereunder shall not be subject to conditions and events beyond
contractor's control, including but not limited to acts of God, weather, strikes, accident, fire, flood
and changes in governmental requirements.
25
EXHIBIT 2
SAMPLE
SILVER SPRING TOWNSHIP
ANNUAL RECYCLING REPORT
Month of 19
1. Name of Contractor
2. Service Performed
Area #I - Customers Serviced
Area 92 - Customers Serviced
Area 43 - Customers Serviced
Area #4 - Customers Services
Total - Customers Serviced
3. Recyclables Information
Recyclables
Newspaper
Glass
Aluminum/Tin
Plastics
tbs.
Total Recyclables tbs.
4. Total Non-Recyclables Collected lbs./tons
* Please attach all weight receipts where possible to verify the amounts collected.
I, the undersigned, hereby certify that all the information on this Monthly Recycling Report is
accurate to the best of my knowledge.
Type or Print Name of
Authorized Representative
Pounds Collected
-tbs.
lbs.
tbs.
Signature
Date
27
Worker's Compensation including Occupational Disease and Employer's Liability Insurance,
a. Statutory - Amounts and coverage as required by Worker's
Compensation Laws of the Commonwealth of Pennsylvania.
b. Employer's Liability - At least $100,000 each accident; $500,000
aggregate
2. Public Liability including coverage for direct operations, sublet work, elevators, contractual
liability and completed operations with limits not less than those stated below:
a. Bodily Injury Liability - Including Personal Injuries
$1,000,000 each person
$5,000,000 each occurrence
b. Property Damage Liability.
$1,000,000 each occurrence
$5,000,000 each aggregate
c. Township shall be named as additional insured
Regarding Personal Injury - Written on a non-participating basis (with no participation by
insured).
Regarding Property Damage - Including Broad Form Property Damage - Remove "XCU"
Exclusions (explosion, collapse underground property damage).
Regarding Completed Operations Liability - Continue coverage in force for two years after
completion of work.
Comprehensive Automobile Liability Insurance including coverage for owned, non-owned,
and hired vehicles with limits not less than those stated below:
a. Bodily Injury Liability
$1,000,000 each person
$5,000,000 each occurrence
b. Property Damage Liability
$1,000,000 each occurrence
c. Township shall be named as additional insured.
28
4. Owner's Contingent Liability (Owner's Protective)
a. Personal Injury
$1,000,000 each person
$2,000,000 each occurrence
b. Property Damage
$1,000,000 each occurrence
$2,000,000 each aggregate
5. Excess or Umbrella Policy in the amount of at least $1,000,000.
6. Environmental Protection Insurance - $5,000,000.
Policies and insurers shall be subject to approval of the Board of Supervisors.
29
4-U-E-S-T-I-0-N-N-4-I-R-E
(IMPORTANT - Each bidder must fully and completely fill out and answer this questionnaire).
I. Methods to be used in disposing of the material:
Trash to be collected by rearload trucks and transported to a site designated
b77 iha gnliri Warta niithnritu of Chahar]an COUn'tV
Recycling to be collected by recycling tracks with compaction bodies and
-transited to yerl Waste B_£osal Racy l = g renter for imr c' g.
2. Precise location of plant or disposal area:
Trash to be hauled to an approved site designated by Cumberland County Solid Waste
utnorIty.
Recycling to be hauled to York Waste Disposal's Recycling Center at 1110 E. Princess
St. for processing.
Approximate acreage:
Recycling Center is approximately on 5 acres.
Improvements thereon:
12,000 S are feet recycling facility on premises. 60,000.00 Square feet
recycling facility on Concord Road, York or paper an cardboard products.
Whether owned or leased:
Owned
If leased, give name and address of lessor and term of lease:
A
30
-3. Methods, apparatus and equipment to be used for the elimination and control of nuisances
that may arise during the process of collection, treating and disposal of material (set forth in
detail):
Late model Mack rearload trucks with McNeilus closed compaction bodies
for trash collection and rn =ational t-rlicks ith
for recycling collection.
These vehicles are w
4 t
designed to o compaction bodies
eliminat
d
nuisances that may arise
during the process of collection e an
control
of waste materials
shall remov
to the disposal site A
wi u spillage anoa into
ll vehicles .
e truck and delivered
are maintained in excellent condition so
1 not escape
during the process of collection to the extent of constituting a public
nuisance.
4. Equipment proposed to be used for the collection of material:
Number of Vehicles
Description of Vehicles:
Year Mode] Chassis Make of Bodv Capacit v Condition Location
1988-1995 Mack MR/McNeilus 32 Yds Very Good M hanirah,r
q
1988-1995 International/Derrpster 33 Yds Very Good Mechanicsburg
Experience in the collection and disposal of garbage, trash, ashes, rubbish, and recyclables.
How many years have you engaged in the business of collecting and disposing of this
material?
12 Years
What municipal contracts, similar to this have you had within the last ten (10) years?
Name of Munici a?lity
Date of Contract
Oct-1, 1994
Term of Contract
10/94-9/97
Silver Spring Twp
Steelton Borough
July 6, 1993 7/93-6/2002
Lower Swa a a 2F6M mar 17 1993 1 /94-_12 /qq
31
6. Have you ever defaulted in any contract held by you?
Yes No Xx If so, give details.
7. Are there any unsatisfied judgements entered against you?
Yes No y y If so, give details.
8. List of DEP approved disposal sites to be used by Contractor.
Name of Site Location Current Charges
York Waste Disposal Inc,, Wi11 lit-III i7.e nne ni= the RPPIM-d Disposal
Sites in the Cumberland County Solid Waste Authority Plan. 9. Give name and address of Surety Company which has agreed to act as surety on your bond
should the contract be awarded to you.
Liberty Mutual Insurance Co.
c/o Aon Risk Services of New York, Inc.
Two World Trade Center, New York, NY 10048
32
10. List below the names and address of Surety Companies which have heretofore bonded you
on municipal contracts.
See 9. on previous page ##32.
11. Give address and telephone number of local office. If none now exists, indicate proposed
location and name of staff personnel in charge. Also list office hours and personal phone
number of bidder.
York Waste Disposal, Inc. Office Hours: M-F 8:OOAM to 5:OOPM
987 West ':rindle Road
Mec_hanicsburq, PA 17055
(717) 766-8845
12. Give name and title of person to contact.
Sam Derden/General Manager
Gregory Myers/Residential Contract Manager (York office)
13. Toll-free telephone number to be used by Township residents.
717) 766-8845
14. Emergency telephone number to be used by Township officials.
(717) 766-8845
(717) A45 1557-X2.L22 York office
15. Attach hereto a full and complete statement under notarized oath of financial operating
statement for a period of twelve (12) months last preceding the month in which this bid is
submitted.
See Attached Financial Statement
33
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 pan of the annexed
proposal.
August 6, 1997
Date
York Waste Disposal Inc
,,---\Company
By
Scott R. Wagner6?Wsident
Scott R. Wagner personally appeared before me this ?df
August A.D., 19q_, being duly sworn according to law.
il/ ( Notary Public
Notarial Seel
Susan A. Horner, Notary PubAc
Springstttt?ebury Twp„ York County
My Commisslon Explres March 30,1998
Member, PennsyWnla Aeeooiw of Nvlgr s
34
PROPOSAL FOR COLLECTION AND DISPOSAL
OF GARBAGE, ASHES AND OTHER REFUSE
RECYCLABLES AND OTHER SERVICES
Date August 6, 1997
To the Board of Supervisors of Silver Spring Township
Township Municipal Building, 6475 Carlisle Pike
Mechanicsburg, PA 17055
Supervisors:
The undersigned having read the Legal Notice, General Stipulations, Information to Bidders,
Specifications and Specifications for Collection of Recyclable Solid Waste, hereby proposes to furnish
all labor, material and-equipment to collect and dispose of all garbage, ashes, refuse and recyclable
materials collected within the corporate limits of the Township of Silver Spring, as it presently exists,
pursuant to and in strict and full compliance with the General Stipulations, Information for Bidders,
Specifications, Specifications for Collection of Recyclable Solid Waste and Questionnaire, hereto
annexed and, by this reference, made a part of this proposal, for a period of three (3) years beginning
October 1, 1997 as follows:
Option 91: for a monthly rate of $ 9 . 15 per dwelling unit for collection once a week
of garbage, ashes and refuse for the entire contract period and recyclable materials
once a week for the entire contract period where Contractor collects said monthly
rate. Option #1. Monthly rate of Nine Dollars and 15/100 Cents per Unit.
Option 92: for a monthly rate of $ 9.5 9 per dwelling unit for collection once a week
of garbage, ashes, and refuse for the entire contract period and recyclable materials
once a week for the entire contract period where contractor collects said monthly rate
and one clean-up week per contract year.
Option #2: Monthly rate of Nine Dollars and 59/100 Cents per Unit.
Enhancement 41:
for an annual clean-up week, to be paid by the Township, held in either the spring or the fall
$ 24,187.50.
Enhancement #1: Twenty four thousand, One hundred eighty seven
Dollars and 50/100 Cents per annual clean-up week.
35
INVITATION FOR SEALED BIDS
FOR THE
COLLECTION AND DISPOSAL OF MUNICIPAL
SOLID WASTE COLLECTION OF RECYCLABLE
MATERIALS, AND OTHER SERVICES
SILVER SPRING TOWNSHIP
6475 CARLISLE PIKE
MECHANICSBURG, PA 17050
June 26, 2002
TABLE OF CONTENTS
COLLECTION AND DISPOSAL OF MUNICIPAL
SOLID WASTE, COLLECTION OF RECYCLABLE
MATERIAL, AND OTHER SERVICES
Notice to Bidders ................... ............................................._.................... 5
General Stipulations and Information for Bidders ................................................................. 6
Sealed Bids .................................................................................................................
...................................................
f Bid
F 6
6
s ...............................................
orm o
Printed
Bid Security ............................................................................................................... 6
Financial Statement ................................................................................................... 7
Plans and Specifications ............................................................................................ 7
Qualification of Bidders ................................. ........... .................. I..................... ......... 7
Questionnaire ............................................................................................................ 7
8
Approval of Disposal Facility ....................................................................................
Contract and Bond ..................................................................................................... 8
Not to Sublet or Assign Contract ............................................................... ............ 8
Reservations and Annulments .................................................................................... 9
9
Bids may be Rejected as Informal .............................................................................
Terms of Contract .....................................................................................................
Bidders' Responsibility as to Number of Residential Establishments ....................... 9
9
Changes Prior to the Opening of Bid ......................................................................... 10
Withdrawal of Bids .................................................................................................... 10
Customer List ............................................................................................................. 10
Specifications for Collection of Municipal Solid Waste and Other Services .. ......................1 l
General Intent .......................................................................................
. ......................12
12
.........................................................................
Definitions ................... ......................
Provisions for Place of Disposal .......................................................... ......................12
Methods of Collection .......................................................................... ....................13
Time When Collections Shall be Made ............................................... ......................13
Hours When Collection Shall be Made ..........................4 ................... ......................14
Cans or Containers for Municipal Solid Waste ................................... ......................14
Handling of Containers ........................................................................ ......................15
Penalty for Containers ......................................................................... .......................15
Clean-Up Week ...................................................................................
Rules Under Which Municipal Solid Waste Shall be Collected ......... .......................15
.......................15
Investigation and Reporting of Complaints of Failure by Occupant .. .......................16
Investigation and Reporting of Complaints by Residents ................... .......................16
Materials Collected to be Property of Contractor ............................... .......................16
Exclusive Right to Successful Bidder ................................................. .......................17
Contractor to Have Telephone in House and/or Office ...................... .......................17
Inspection of Trucks ........................................................................... .......................17
2
Observation of Laws and Ordinances ...................................................................... ..17
Obligations of Contractor Regarding Labor and Equipment ................................... ..17
Collection of Municipal Solid Waste ....................................................................... ..18
18
Missed Collections ................................................................................................... ..
18
Township Containers ............................................................................................... ..
........ ..18
Billing ........... ........................................... 19
Permits and Licenses ............................................................................................. ..
.......................................................................
of Contractor
ibilit ..19
.............
y
Respons
Loading of Material on Vehicles ............................................................................. ..19
..................................................................................
.
endent Contractor
d
I ..19
........
.
ep
n
Conditions Under Which Contract may be Canceled or Terminated by the Board
of Supervisors ............................................................................................. ...20
Authorizing Township to Perform Contract ........................................................... ...20
Specifications for Collection of Recyclable Material ..................................................... .......21
Definitions ...........................................................................................................
. .......22
24
....................................................
Terms of Agreement ...................................... .......
Municipality's Representative ............................................................................ .......24
Scope of Services ................................................................................................ .......24
Collection of Recycling Materials .......................................................... .......24
Type of Materials to be Collected for Recycling .................................... .......24
Schedule and Time Collection ................................................................ .......24
Manner of Collection ........................................................................:..... .......24
Obligation of Contractor Regarding Labor and Equipment ................... .......25
Recycling Containers ............................................................................. ........25
Transportation, Sale, and Disposal of Recyclable Materials ................. ........25
Missed Pick-up ....................................................................................... ........26
Refusal to Pick-up .................................................................................. ........26
Reports ................................................................................................... ........26
Public Awareness Program .................................................................... ........26
Schedule of Performance ....................................................................... ........26
Billing ................................................................................................................ ........26
Municipality's Obligation .................................................................................. ........27
Landfill, Transfer Station or Processing Facility Affidavit ............................... ........27
Conditions of Work ............................................................................................ ........28
Insurance Requirements ..................................................................................... ........28
28
Performance Bond ............................................................................................ .........
Independent Contractor ..................................................................................... .........28
Notice to Contractors ........................................................................................ .........28
Bankruptcy or Insolvency of Contractor ........................................................... .........29
Breach ............................................................................................................... .........29
Compliance with Laws and Regulations ........................................................... .........29
Waiver ............................................................................................................... .........29
Law to Govern .................................................................................................. .........30
Assignment ....................................................................................................... .........30
Preparation of Recyclables ............................................................................... .........30
3
Force Majeure ............................................................................................................30
Exhibit I - Containers ...........................................................................................................31
Exhibit 2 - Monthly Recycling Report...
Minimum Insurance Requirements......
...............................................................3 2
.................................................................34
Questionnaire ........................................................................................................................36
Bid for Collection and Disposal of Municipal Solid Waste, Collection of Recyclable
Materials, and Other Services ...................................................................................41
Landfill, Transfer Station or Processing Facility Affidavit ...................................................43
Resolution 97-14 ....................................................................................................................44
Form of Agreement ................................................................................................................45
Bond ............................................................................
...........................................47
4
NOTICE TO BIDDERS
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANL4
Sealed bids will be received until 2:00 P.M., prevailing time, on Wednesday, July
24, 2002, at the Municipal Building, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania
17050 and will then be publicly opened and read for the collection and disposal of
municipal solid waste from residential establishments within Silver Spring Township, for
the collection of and marketing of recyclable materials from said residential
establishments, and for new and replacement recyclable containers. The contract
includes a provision for clean-up week services to be held for one week in the spring of
each contract year and an alternative of one bulk item pick up per residential
establishment per week. The term of the contract is for a period of three (3) years
commencing October 1, 2002 with an option for an additional two (2) year period that
will be negotiated with the contactor no later than six (6) months prior to the end of the
initial three (3) year period.
All bids shall be in accordance with the instructions and specifications set forth in
the bidding documents and must be submitted on forms provided by Silver Spring
Township in an envelope clearly marked "Sealed Bid - Collection and Disposal of
Municipal Solid Waste, Collection of Recyclable Materials, and Other Services".
Copies of the Bid and other Contract documents relating thereto may be obtained
at the Silver Spring Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg,
Pennsylvania 17050.
Each Bid shall be accompanied by a certified check in the amount of $1,000.00
for bid security in favor of Silver Spring Township.
The Board of Supervisors reserves the right to accept or reject any or all bids and
to waive any informalities or technicalities in the bids received, and to accept the bid
which it deems to be in the best interest of Silver Spring Township.
William S. Cook
Township Manager
SILVER SPRING TOWNSHIP
COLLECTION AND DISPOSAL OF MUNICIPAL SOLID WASTE,
COLLECTION OF RECYCLABLE MATERIALS, AND
OTHER SERVICES FOR THE PERIOD OF THREE YEARS
WITH AN OPTIONAL TWO YEAR NEGOTIABLE PERIOD.
GENERAL STIPULATIONS AND INFORMATION FOR BIDDERS
SEALED BIDS
Sealed bids shall be addressed to the Township Manager, Silver Spring Township,
Municipal Building, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania, 17050 and
marked "Sealed Bid - Collection and Disposal of Municipal Solid Waste, Collection of
Recyclable Materials, and Other Services", in accordance with the specifications attached
hereto and will be received at the above address until 2:00 P.M., prevailing time, on
Wednesday, July 24, 2002. At 2:00 P.M. all bids will be publicly opened and read. The
bid will relate only to residential establishments as defined herein.
2. PRINTED FORM OF BIDS
All bids must be made upon the blank form or bid attached hereto and must give
the price proposed, both in words and figures (written in ink or typed), and must be
signed by the bidder with his full name and address, and where a partnership, the name
and address of each partner in full, if a corporation, the place where chartered and the
names, titles and business address of the President, Secretary and Treasurer. In
submitting bids, the bid form must not be removed from the General Stipulations and
Information for Bidders, the Specifications for Collection and Disposal of Municipal
Solid Waste, Collection of Recyclable Materials, and Other Services, Insurance
requirements, or the Questionnaire, but deposited intact as received, and properly sealed.
TY
BID SECURI
No bid will be accepted unless the bidder shall furnish a bid security in the form
of a certified check made payable to the Township of Silver Spring, in the amount of
$1,000,00. The certified check is to be received with the bid.
The above mentioned check shall be forfeited to the Township of Silver Spring in
the event the Contractor neglects or refuses to enter into the contract and to give bond as
hereinafter specified, not as penalty but as just and liquidated damages for delay and
additional costs or expenses incurred by the Township owing to his failure to accept the
award and execute the contact and give bond as required.
The certified check of the unsuccessful bidders will be returned after the contract
is awarded. The certified check of the successful bidder will be returned after the
execution of the contract and bond. The Township shall not be liable for any interest on
any such bid security,
4. FINANCIAL STATEMENT
Each proposal shall be accompanied by a full and complete statement (notarized
and certified to be correct) of the financial condition of the bidder for a period of twelve
(12) months last preceding the month in which this bid is submitted. In addition, the
bidder shall furnish the Township Manager a complete financial report of bidder's prior
year's operation including all information pertinent to actual collection, disposal and
billing operation setting forth all costs, wage rates and other information necessary to
determine the financial responsibility of the bidder.
Each proposal shall also be accompanied by a statement of any litigation pending
against the bidder.
5. PLANS AND SPECIFICATIONS
With each bid the bidder must furnish one set of general plans and specifications
setting forth the equipment, the size of work crew, times of collection subject to approval
by Silver Spring Township, routing and methods proposed for collecting, receiving,
transporting, conveying, handling, and disposing of municipal solid waste to the disposal
site designated as well as the recyclable riiaterials. In particular, the methods, size and
location of disposal area, apparatus and equipment for the elimination and control of
nuisances that may arise during the process of collection, treating or disposal of the
material shall be shown, specified and described in sufficient detail to enable the Board
of Supervisors to judge the adequacy and sufficiency, as it is an essential requirement of
this contract that neither objectionable odors, noxious gases nor putrescent liquid shall
escape during or after the process of collection, treatment or disposal to the extent of
constituting a public nuisance or hazardous or toxic waste. In addition, the bidder shall
submit a sworn statement that he will abide by all ordinances, rules and regulations of
any municipality providing or making available landfill disposal facilities and of any
other governmental unit having jurisdiction thereof.
6. QUALIFICATION OF BMDERS
Silver Spring Township reserves the right to reject the Bid of any bidder not
possessing satisfactory qualifications as deemed by the Township.
QUESTIONNAIRE
The attached questionnaire must be fully and completely answered. However, to
the extent that the information called for in Paragraph 4 above is detailed and set forth in
the Questionnaire, it need not be otherwise duplicated. All bidders are required to submit
in writing with their bids the names, addresses and phone numbers of at least two (2)
7
references familiar with the service being bid. Failure to submit ,-ferences may result in
rejection of the bid.
g, APPROV_4L OF DISPOSAL FACILITY
The location of the disposal facility which the bidder proposes to use in the
disposal of municipal solid waste must be in accordance with the current Cumberland
County Municipal Waste Management Plan, meet the approval of Silver Spring
Township and be certified by the Commonwealth of Pennsylvania.
CONTRACT AND BOND
The successful bidder shall, within ten (10) working days after notification of
award, enter into a written contract with the Township of Silver Spring and shall also
give to it a bond with an approved surety company authorized to do business nt the
the
Commonwealth of Pennsylvania, in the amount of one hundred (100%) perce
first year's collection charges based upon an assumed number of residential
establishments. For the purpose of the bond for the first year the number of residential
establishments shall be assumed to be approximately 3,500. The bond will be adjusted
annually based upon current rates and units and for further adjustment if disposal fees are
increased. This is conditioned that the successful bidder shall comply in all respects with
the term and conditions of the contract, and its obligation thereunder, including the
specifications, and shall indemnify and save harmless said Township of Silver Spring
against or from any and all costs, expense, damage, injury or loss to which the said
Township of Silver Spring may be subjected by reason of any wrongdoing, misconduct,
want of 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 indemnify and save harmless said Township of Silver Spring
against and from all claims against it or losses to it from any cause whatever, including
but not limited to patent infringements in the matter of completing said contract. The
Bond shall be subject to the approval of the Township Solicitor.
In case of failure or refusal on the part of the bidder to enter into said contract and
file the aforesaid bond within ten (10) days of the notice of award, the amount of the bid
security check will be forfeited and paid to the Township of Silver Spring.
10. NOT TO SUBLET OR ASSIGN CONTRACT
The Contractor shall give personal attention constantly to the faithful performance
of the work, shall keep the same under the Contractor's control, and shall not transfer or
assign by power of attorney or otherwise, nor sublet the work or any part thereof without
the advance written consent of the Board of Supervisors of Silver Spring Township. In
such case, Contractor shall state to the Board of Supervisors of Silver Spring Township in
writing, the name and address of such assignee or sub-contractor as Contractor intends to
engage, the portion of the work which the assignee or sub-contractor is to do or the
material which he is to famish his place of business and such other information as the
Board of Supervisors may require, in order to know whether such sub-contractor is
reputable and reliable and able to perform the work as called for in the specifications.
Contractor shall not, either legally or equitably, assign any of the moneys payable
under the contract unless by and with the like advance written consent of the Board of
Supervisors of Silver Spring Township.
The Contractor shall not be released from any of his liabilities or obligations
under this contract should any sub-contractor fail to perform in a satisfactory manner the
work undertaken by him.
11. RESERVATIONS AND ANNI7LMENTS
The Board of Supervisors of Silver Spring Township 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 readvertise if the best interest of the Township will thereby
be promoted, to waive technical defects, if, in its judgment, the interest of the Township
shall so require; also, the right to annul any contract if, in its opinion, there shall be
failure at any time to perform faithfully any of its stipulations, or in case of a willful
attempt to impose upon the Township articles or services inferior to those required by the
contract. Any action taken in pursuance of this provision shall not affect or impair any
right or claim of the Township to recover damages for the breach of any of the covenants
of the contract by the Contractor.
12. BIDS MAY BE REJECTED AG INFORMAL
Bids which contain erasures, alterations, conditional bids, omissions, or
irregularities of any kind may be rejected as informal.
13. TERMS OF CONTRACT
The Contractor shall begin work under the contract on October 1, 2002. The
contract shall continue for a period of three (3) years with the option of an additional two
(2) year period that will be negotiated with the Contractor no later than six (6) months
prior to the end of the initial three (3) year contract. Contractor shall not be paid by the
customer for any months during which he does not collect all material from the
residential establishment as provided in the specifications if the failure to collect was
within the Contractor's ability to control as determined by the Township.
14. BIDDERS' RESPONSIBILITY AS TO NUMBER OF RESIDENTIAL
ESTABLISHMENTS
It is stipulated that the bid under this proposal shall be for a monthly rate per
residential establishment. A "residential establishment" is a building used for residential
purposes, except hotels, apartments with more than four (4) "dwelling units", tourist
cabins, motels, mobile homes in mobile home parks and farm land containing ten (10) or
more acres. A "dwelling unit' is one or more rooms in a residential establishment which
room or rooms have fixed cooking facilities arranged for occupancy by one person, two
or more persons living together, or one family. All bidders are advised and cautioned
that the Township makes no warranty as to the number of residential establishments
within the Township now or at any time in the future. It will be the responsibility of the
successful bidder to ascertain the number of residential establishments from time to time
and to deliver the information to the Township or its collecting agent. As the bid is for a
monthly rate per residential establishment, nothing herein is to be construed as a warranty
as to the number of residential establishments or the gross amount which may be received
at any time by the successful bidder.
15. CHANGES PRIOR TO THE OPENING OF BIDS
During the period allowed for preparation of bids, the bidders may be famished
addenda or bulletins for additions to or alterations of the Specifications, which shall be
included in the work covered by the Bid and become a part of the Contract Documents.
If any prospective bidder is in doubt as to the true meaning of any part of the
Specifications or other Contract Documents, he may submit to the Township Manager a
written request for an interpretation thereof. The bidder submitting the request will be
responsible for its prompt delivery. Any interpretation of the Contract Documents will be
made only by an addendum duly issued and a copy of such addendum will be mailed or
delivered to each prospective bidder of record. The Township will not be responsible for
any other explanations or interpretations of the proposed Contract Documents. All
bidders will acknowledge in the space provided for in the Bid the receipt of all Addenda.
16. WITHDRAWAL OF BIDS
No bid may be withdrawn for a period of sixty (60) days after the date and time
designated for the opening thereof.
17. CUSTOMER LIST
The Contractor shall provide annually to the Township a list of customers with
property and mailing addresses.
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SILVER SPRING TOWNSHIP
SPECIFICATIONS FOR COLLECTION OF
MUNICIPAL SOLID WASTE AND OTHER SERVICES
11
SPECIFICATIONS
GENERAL INTENT
Contractor shall collect, remove and properly dispose of municipal solid waste
from all residential establishments in the entire Township of Silver Spring except as
otherwise noted, all in a manner and with equipment in accordance with these
Specifications, including any and all requirements set forth in the General Stipulations
and Information for Bidders, and together with any and all applicable requirements of the
Pennsylvania Department of Health, the Pennsylvania Department of Environmental
Protection, and Cumberland County, Pennsylvania.
2. DEFNITIONS
GARBAGE - where it occurs in these specifications means putrescible animal
and vegetable waste resulting from the handling, preparation, cooking and
consumption of foods.
ASHES - where it occurs in these specifications means residue from burning of
wood, coal, coke, or other combustible material.
MUNICIPAL SOLID WASTE - as defined in these specifications is all
putrescible and non-putrescible solid wastes (excluding body wastes), but
including garbage, rubbish, ashes, and street cleanings.
MATERIAL - includes garbage, trash, ashes, refuse, and rubbish.
RESIDENTIAL ESTABLISHMENT - where it occurs in these specifications
means a building used for residential purposes, except hotels, apartments with
more than four (4) dwelling units, tourist cabins, motels, mobile homes in mobile
home parks and occupiers of farm land containing ten (10) or more acres.
DWELLING UNIT - when it occurs in these specifications means one or more
rooms in a residential establishment which room or rooms has fixed cooking
facilities arranged for occupancy by one person, two or more persons living
together, or one family.
PROVISIONS FOR PLACE OF DISPOSAL
The Contractor shall utilize a Cumberland County designated disposal facility to
dispose of municipal solid waste to be collected during this contract and will guarantee
the availability of a disposal facility during the entire term of the contract. In addition,
the Contractor must submit with his bid proper proof in writing that he either has or can
utilize such a site or area for disposal and that disposal in the area is in compliance with
all applicable and existing state and municipal rules or ordinances in the area. In
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addition, the bidder shall submit a sworn statement stating that he will abide by all
statutes, ordinances, rules and regulations of any municipality providing or making
available disposal facilities and of any other governmental unit having jurisdiction
thereof. In the event that there is a lawful increase in charge to the Contractor for the use
of such disposal site or disposal area during the term of this contract, Contractor shall
have the right to increase his charges in such amount and only in such amount, as will
enable Contractor to recover such increased expenses, if any, subject to prior submission
by Contractor to Board of Supervisors of satisfactory evidence of such increased
expenses and also subject to prior approval thereof by the Board of Supervisors. Failure
of Contractor to submit such evidence of such increased expense within thirty (30) days
after Contractor knows of or should have known of such increased expense shall
constitute a waiver of and relinquishment of any right to any of such increased expense.
,.An the event that the Township provides or makes available a disposal site or disposal
area, including provision thereof through agreement with the state, county, political
subdivision or municipal authority thereof, Contractor agrees to use such disposal
facilities, and the Township reserves the right to charge a fee for the use of such facilities.
In such case, the Contractor shall have the right to increase his charges in such amount
but only in such amount, as will enable him to recover such increased expense, if any.
4. METHODS OF COLLECTION
All material must be collected in watertight, covered plastic or metallic cans or
durable and watertight plastic bags that can be easily and quickly handled by one man,
capable of being removed without spilling, which shall be loaded in a truck and delivered
to the disposal facilities. Contractor shall be responsible for retrieving all materials
spilled by it in the collection and disposal process.
Trucks to be used for the removal of material shall be of metal body, securely
covered, watertight, strongly built, kept thoroughly cleansed and well painted and must
have the name of the Contractor, telephone number and truck number painted on each
side of the same, in letters of a size to be read at a distance of 25 feet and always legible.
Open trucks or trucks covered with tarpaulins will not be acceptable.
Contractor shall handle all receptacles and containers as carefully and quietly as
possible and shall return (not throw) them to the location where picked up.
The Township shall have the right to inspect any collection vehicle at any time
and any place it is being used within the Township. In addition, the Contractor shall
make vehicles available for inspection whenever so requested by the Township at a
specific time and place.
TIME WHEN COLLECTIONS SHALL BE MADE
Collection of municipal solid waste from all residential establishments shall be
made one (1) time per week for the entire year.
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Contractor must notify customers, at its own expense, o, _ollection dates.
Collections which would normally occur on a holiday shall be rescheduled for the
next business day following the holiday. Holidays shall include New Year's Day,
Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
The Bidder shall submit with his bid, a detailed plan for the collection of the
municipal solid waste. The routing plan shall include the number of vehicles and
personnel to be used, and the day of the week that each area of the Township will be
collected. This plan and its accompanying details shall be subject to the approval of the
Board of Supervisors of Silver Spring Township, and failure of the Board of Supervisors
to approve the plan shall be cause for rejecting a bid.
6 HOURS WHEN COLLECTION SHALL BE MADE
All collections shall be made between the hours of 6:00 A.M, and 3:00 P.M.,
prevailing time; provided, however, that this shall not prevent the collection of material
on an emergency basis during other hours when necessitated by natural catastrophe, or
other conditions beyond the control of the Contractor. The extension of the emergency
hours shall at all times be subject to the approval of the Township Manager.
CANS OR CONTAINERS FOR MUNICIPAL SOLID WASTE
All parties or persons occupying residential establishments within the Township
of Silver Spring will be required by the Township to provide and use (1) containers of
durable, watertight, rust-resistant materials having a close fitting lid with handles with a
capacity of not more than forty (40) gallons and shall be of such size as can be handled
easily by one man, or (2) durable and watertight plastic bags.
The maximum weight of a filled container shall not exceed eighty (80) pounds,
and the maximum weight of a filled plastic bag shall be limited to such weight as will not
cause the bag to break when lifted and carried to Contractor's equipment. Garbage shall
be thoroughly drained of all water. All containers or plastic bags shall be securely
covered or tied, as the case may be.
Tree trimmings, hedge clippings, and similar rubbish shall be cut in lengths not
exceeding five (5) feet and shall be securely tied in bundles before being deposited for
collection.
Non-recyclable printed matters, not placed in containers shall be securely tied in
bundles not exceeding forty (40) pounds with twine or string or bagged in paper bags.
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HANDLING OF CONTAINERS
The Collector shall exercise all reasonable care in handling of municipal solid
waste containers and shall not willfully break, deface or injure the same. All covers will
be placed on cans when cans are returned to the place of collection.
9. PENALTY FOR CONTAINERS
All cans or containers, except plastic bags, broken or destroyed in improper or
careless handling of the same by the Collector of material shall be. replaced by the
Contractor at his own expense.
10. CLEAN-UP WEEK
A. As part of the regular collection service, the Successful Bidder shall
provide personnel and equipment'to collect and dispose of large and
bulky household items (i.e. appliances, television sets, car tires (up to
four (4) without rims), fumiture, and other similar items) from
residential establishments which have been placed at the curb during
one designated week in the spring known as Spring Clean-up week.
The specific week is to be designated by the Township in consultation
with the successful bidder and advertised in the local newspaper by the
Contractor. The bidders shall also provide a list of the items not
allowed for the Spring Clean-up week with their bid.
B. As an alternative to Spring Clean-up, the Township, as an option, is
soliciting bids on the collection of a maximum of one bulky household
item (as described above) per week from each residential
establishment as a part of the weekly municipal solid waste collection.
11. RULES UNDER WHICH MUNICIPAL SOLID WASTE SHALL BE
COLLECTED
The Contractor shall be required to collect at each residential establishment an
unlimited number of containers, plastic bags, and bundles of the authorized size and
weight. Where Contractor has not made a collection by reason of the customer's failure
to comply with collection ordinances or regulations, the Contractor shall report the matter
in writing to the Township Manager or his designee. Service can be suspended for non-
payment. Contractor will notify Township Manager of any residence at which service is
suspended.
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17.
OCCUPANT
It will be the duty of the Township Manager or his designee to investigate all
complaints made of failure by occupants of residential establishments within the
Township to comply with the provisions of the ordinances concerning packaging and
placement of municipal solid waste and to prosecute all offenders under such provisions.
13, 1N V ?J 1 lilt l1VIV Pu.aJ • -- --
All complaints by residents of the Township, made through the Township or
directly to the Contractor regarding the services provided under the Contract, shall be
responded to by the Contractor. Upon request from the Township Manager, the
Contractor will provide a written report to the Township on any or all complaints and the
corrective action taken.
A. Date of Complaint
B. Name, address and telephone number of the person making the complaint
C. Description and nature of complaint
D. Date of resolution of complaint
E. Description of resolution of complaint
if the complaint has not been resolved, this should also be indicated.
The Township reserves the right to intercede as a mediator in any unresolved
complaint by a resident or property owner, to investigate said complaint and to act as an
intermediary to bring the resident and the Contractor together to resolve the complaint.
14. MATERIALS COLLECTED TO BE PROPERTY OF CONTRACTOR
The Contractor, for the collection and disposal of any material mentioned in these
specifications, shall be considered the owner and sole possessor of all material from the
time of its collection.
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15. EXCLUSIVE RIGHT TO SUCCESSFUL BIDDER
The successful bidder shall have the exclusive right and privilege of collecting,
removing and disposing of all municipal solid waste from residential establishments in
the Township of Silver Spring as aforesaid. The resulting contract will provide that no
person shall carry, convey or transport through the streets, alleys or public places of the
Township any of the aforesaid materials from residential establishments subject to the
penalties prescribed by the law of the Commonwealth of Pennsylvania and Ordinances of
the Township, or the rules of the Health Department or any governmental agency having
jurisdiction. The Township agrees to prevent, as far as lawful, any person other than the
Contractor from gathering, hauling, removing or carrying any material from residential
establishments within the Township limits, which by these specifications the Contractor
is required to collect and dispose.
16. CONTRACTOR TO HAVE TELEPHONE IN HOUSE AND/OR OFFICE
Contractor shall establish and maintain and list in the Greater Harrisburg
Telephone Directory a toll-free telephone number within his house, office or plant which
persons in Silver Spring Township may use to contact Contractor and shall attend such
telephone during normal business hours established by Township every day of the week,
except Saturday, Sunday and holidays.
17. INSPECTION OF TRUCKS
The Contractor shall be required to present his trucks for inspection within the
Township limits at such reasonable times and places as may be designated by the
Township Manager or his designee.
18. OBSERVATION OF LAWS AND ORDINANCES
All municipal ordinances, laws of the Commonwealth of Pennsylvania and of the
United States, and rules and regulations promulgated thereunder shall be observed by the
Contractor.
19. 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 to meet all obligations
set forth in these specifications. Equipment shall be maintained in good working order
and operating condition and shall be kept reasonably clean, both for safety and sanitation
reasons.
17
Contractor shall use vehicles which are approved by the Township. Such vehicles
shall be suitable for such collection and shall generally be dedicated for use in the
performance of recycling collections and/or municipal solid waste collection as
appropriate. All vehicles shall bear prominent markings, signs, or decals identifying
them as being collection vehicles. Contractor shall have available a minimum of two (2)
recycling vehicles and two (2) municipal solid waste collection vehicles for the
performance of work under these specifications. The bodies of vehicles shall be covered
to prevent materials from being blown about and shall be constructed to prevent the
leakage of liquids to the maximum extent possible.
20. COLLECTION OF MUNICIPAL SOLO WASTE
A. Contractor shall collect or remove all municipal solid waste placed at the
curbside on public streets from all residential establishments located in the
municipality as defined herein. All collection services performed shall be
expanded to include newly constructed residential establishments as they
become inhabited.
B. Contractor shall also offer door side service to all verifiable persons with
disabilities in the Township as defined by the American with Disabilities
Act of 1990, as amended, whose residential establishment does not have
residing therein another individual capable of transporting municipal solid
waste and recyclable materials to the designated location. This
arrangement will be made directly between the Contractor and resident.
21. MISSED COLLECTIONS
The Contractor shall be responsible for the pickup of any material missed or
overlooked during the regular collection. All missed material shall be collected within
twenty-four (24) hours following notice to the Contractor.
22. TOWNSHIP CONTAINERS
Contractor shall provide the following dumpsters or trash removal containers, and
full collection service for use by Silver Spring Township at no charge: Township
Municipal Building and at Township owned recreation areas; and any other Township
building, or parks, etc. created or erected during the lifetime of this contract- Silver
Spring Community Fire Company; New Kingstown Fire Company; and the Silver Spring
Ambulance Association. The Contractor will also provide to the Township a large roll-
off container twice a year at the place and time designated by the Township.
23. BILLING
Contractor will be solely responsible for collection of fees for service directly
from the property owner or tenant. Silver Spring Township will not be responsible for
18
any collection fees and will not do any billing. Billing shall be o..,te on a regular and
convenient basis but, in any event, Contractor will, at a minimum, bill in intervals not to
exceed three (3) months. In accordance with attached Resolution 97-14, an
administrative service fee at a rate of $1.00 per residential customer per quarter shall be
collected by the Contractor and shall be remitted on a quarterly basis to the Township
when collected.
The Contractor will allow customers the ability to pay for services utilizing automatic
withdrawal.
24. PERMITS AND LICENSES
The Contractor shall obtain from the proper authorities, all permits or licenses
necessary to carry on this work, shall pay any fees or charges required, and shall be
responsible for conducting its operations in accordance with the provisions set forth in
these specifications and the contract.
25. RESPONSIBILITY OF CONTRACTOR
The Contractor will be and is hereby responsible for any and all injury or damage
to property or persons or accidents which may occur to any person or persons in
consequence of Contractor's act, or the acts of Contractor's agents, servants, or
employees. Contractor agrees that appropriate public liability and worker's
compensation insurance shall be obtained and maintained at all times during the Contract,
protecting Township against loss or injury occasioned by the acts of the Contractor,
Contractor's agents, servants, or employees, in accordance with attachment entitled
"Minimum Insurance Requirements". The Contractor shall comply with the provisions
of the current Worker's Compensation Act and any supplements or amendments thereto
relative to worker's compensation insurance, and shall furnish proof to the Township that
he has accepted the provisions of said Act and either insured his liability thereunder or
secured exemption therefrom. The Contractor shall indemnify and save harmless the
Township of Silver Spring against of, and from any and all costs, expenses, damages,
claims, demands, suits, injury or loss to which the said Township may be subjected by
reason of any wrongdoing, misconduct, negligence or fault of Contractor, his agents,
servants, or employees in or about the execution or performance of the said contract.
26. LOADING OF MATERIAL ON VEHICLES
Should the Contractor desire to load material on transfer vehicles, such transfer
shall be located and operated so as not to cause a nuisance inside the Township limits and
will be approved by the Township.
27. INDEPENDENT CONTRACTOR
Successful bidder shall perform all work and services described herein as an
independent contractor and not as an agent, servant or employee of municipality.
19
28. CONDITIONS UNDER WHICH CONTRACT MAY BE Ct> . CELED OR
TERMINATED BY THE BOARD OF SUPERVISORS
If the work under this contract shall be abandoned by the Contractor, or if this
contract shall be assigned or the work sublet by the Contractor other than as herein
specified, or if at any time the Board of Supervisors shall be of the opinion, and so certify
in writing (which certificate shall be final, binding and conclusive on the Contractor) that
the performance of the contract is being unnecessarily or unreasonably delayed, or that
the Contractor is violating any of the conditions or covenants of this contract, or the
specifications thereof, or is executing the same in bad faith, or not in accordance with the
terms thereof, the Board of Supervisors may cancel and terminate this contract by a
written notice, to be served upon the Contractor either personally or by leaving it at the
contractor's residence or office, and Board of Supervisors shall thereupon have the
power and is hereby authorized to procure in the manner prescribed by law such and so
much of said work to be performed by others as may be necessary to fulfill this contract
and in such cases, the Township shall have the power and is hereby authorized to charge
to the Contractor the amount of loss suffered by the Township, upon a reletting of the
contract, if the amount of moneys received by the Township shall be less than the amount
which would have been payable under this contract if the same had been completed by
the Contractor, then the Contractor shall and will pay to the Township the amount of such
differences.
29. AUTHORIZING TOWNSHIP TO PERFORM CONTRACT
If the Contractor shall fail to perform any part of the work called for in this
contract in accordance with the terms thereof and the Board of Supervisors decides not to
cancel and terminate this contract as provided in previous clause, the Board of
Supervisors shall have the power and is hereby authorized to perform or cause or procure
to be performed by others such part of the work as the Contractor shall fail to perform at
the expense of the Contractor and to deduct such expenses and collect the cost of same
out of the bond filed by the Contractor, in any legal proceedings, or any loss by reason
thereof or both, at the sole option of the Township.
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SII,VER SPRING TOWNSHIP
SPECIFICATIONS FOR COLLECTION
OF RECYCLABLE MATERIAL
21
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
DEFINITIONS
For the purpose of these specifications, the following terms shall have the
meaning set forth below, unless the context clearly indicates otherwise:
ALUMINUM - the lightweight ductile and malleable metallic substance or
element commonly known as aluminum and shall include all aluminum food and
beverage cans. This description excludes aluminum foil, trays, plates, and
miscellaneous aluminum products.
BIMETALLIC CANS - means all food and beverage containers consisting of a
steel (ferrous) cylinder bottom and an aluminum top.
COMMINGLED - refers to placement of recyclable materials as defined herein,
except newspapers, corrugated cardboard, magazines and junk mail, in a special
recycling container for the purpose of collection without there having been
segregated by color or type.
CONTRACT DOCUMENTS - include the Public Advertisement - Invitation for
Bids, General Stipulations and Information for Bidders, General Specifications
and Requirements, Questionnaire, Bid Form, Contract, Bid Bond, and any
addenda issued by the Township, and any changes to the foregoing documents
agreed to by the Township and the Contractor.
CONTRACTOR - means that individual, partnership, firm, corporation or
business entity designated by the Municipality by means of an independent
contract, as the person having the exclusive right and privilege to collect, haul,
carry, remove or disperse of all municipal solid waste and recyclable materials
from residential establishments within the Municipality.
GLASS - shall for the purpose of this contract mean the hard, brittle, transparent
or partially transparent substance produced by fusion of silica and silicates or sand
containing soda and lime and/or other chemicals and substances usually or
conveniently included in the manufacture of glass; and shall for the purpose of
this contract include all materials commonly known as glass bottles or containers.
This includes all food and beverage containers made of glass of one gallon or less
capacity. Excluded are blue glass, ceramics, pottery, and flat glass commonly
known as "window" or "plate" glass.
22
HDPE - High D...?ity Polyethylene
HAZARDOUS WASTE - is any chemical, compound, mixture, substance, or
article which is designated by the United States Environmental Protection Agency
or appropriate agency of the state to be "hazardous" as that term is defined by or
pursuant to federal or state law.
MUNICIPALITY - means "Silver Spring Township", Cumberland County,
Pennsylvania.
NEWSPAPER - 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.
PET - Polyethylene terephthalate used to make plastic soda bottles.
PLASTIC - means a class of synthetic organic compounds capable of being
molded, extruded, cast, or otherwise fabricated into various shapes. It shall
include #1 and #2, high density polyethylene (HDPE) polyethylene terephthalate
(PET). It shall exclude low density polyethylene (LDPE), polypropylene (PP),
and polyvinylchloride (PVC).
PROCESSING CENTER - is any facility maintained for the purpose of storing,
preparing, and/or consolidating recyclable materials (as defined herein) for sale.
PUBLIC AWARENESS PROGRAM - is the program developed by the
municipality with the assistance and cooperation of the Contractor to inform and
encourage residents to use the recycling collection services.
RECYCLABLE MATERIALS - includes colored and clear glass,
aluminum/bimetallic cans, plastic PET bottles, plastic milk and water jugs
(HDPE), newspaper, magazines, junk mail, empty aerosol cans and such other
materials as the parties may agree to in writing.
RECYCLING COLLECTION SERVICES - those services to be performed by
Contractor as follows: (1) the collection and conveyance of recyclable materials;
(2) processing of recyclable materials as applicable; and (3) marketing of the
recyclable materials.
RECYCLING CONTAINERS - sturdy plastic containers as set forth on Exhibit
1, having a minimum capacity of 20/22 gallons, being of one color as designated
by the municipality, bearing the municipal recycling logo, and bearing a list of the
recyclable items which are being collected with drainage capacity for liquid.
STEEL CANS - means all food and beverage containers consisting of steel.
23
2. TERMS OF AaREHMENT
The term of this contract shall be for an initial pears may three (3) ate years
with the
commencing October 1, 2002. An additional two (2) y
contractor at the sole prerogative of the Township.
3 MUNICIPALITY'S REPRESENTATIVE
The municipality's representative for purposes of this bid specification and the
contract entered into pursuant to this bid shall be the Township Manager.
4. SCOPE OF SERVICES
Contractor shall perform recycling collection services in the Township of Silver
Spring as follows:
A. Collection of Recveling Materials: Contractor shall collect and
remove all recyclable materials which are co-mingled and placed in or
adjacent to recycling containers at the curbside on public streets
(curbside) from all residential establishments. The recycling
collection services performed shall be expanded to include newly
constructed units as theybeoome inhabited.
B. T? De of materials to be Collected for Recycling: The type of
recyclable materials to be collected regularly shall be determined by
joint agreement with the municipality and the contractor collecting
recyclable materials, and may be changed by the Township no more
often than once annually. The recyclable materials will include:
newspaper, clear/colored glass, aluminum/bimetallic cans, plastic PET
bottles, plastic milk and water jugs (HDPE), junk mail, and empty
aerosol cans.
C. Schedule and Time Collection: Contractor shall collect the recyclable
material placed at the curbside for collection weekly for all residential
establishments on the same day as municipal solid waste collection.
Collection will not be made on the following holidays: New Year's
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and
Christmas. Collection which would normally occur on such holidays
shall be rescheduled for the next business day. Said collection of
recyclables shall be commenced and completed between the hours of
6:00 A.M. and 3:00 P.M., prevailing time, except in the case of
mechanical breakdown or emergency or unusual circumstances.
D. Manner of Collection: The recyclable materials shall be collected in a
neat and workmanlike manner, and if by accident or otherwise the
recyclables shall be spilled, the collector shall be required to gather up
24
and retrieve same in a neat and cleanmanner. fhe Contractor shall
also be obligated to load his vehicle in such a manner as to prevent
spillage.
g. Oblieation of Contractor Reeardine Labor and Equipment: The
Contractor shall at his own cost and expense provide all labor and
supply all necessary vehicles, tools, equipment, materials, and other
facilities for the collection and handling of the recyclables/municipal
solid waste in strict conformity with these specifications. Equipment
shall be maintained in good working order and shall be kept
reasonably clean.
Contractor shall collect recyclable materials 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.
Contractor shall have available a minimum of two (2) recycling
vehicles for the performance of work under this contract. The bodies
of such vehicles shall be constructed to prevent the leakage of liquids.
F. Recycling C: Contractor shall provide to each residential
establishment at least one plastic container of not less than 20/22
gallons capacity for use in collection of recyclable materials, as
specified in Exhibit 1. Contractor shall warrant the containers to be
free of defects for the term of the contract. The Township recycling
logo shall be clearly and permanently displayed on the recycling
containers to be provided by Contractor. The recycling containers
shall be uniform in color and lettering with same to be determined in
advance by the Township.
Contractor shall also provide containers for recyclables and full
collection service for the use by Silver Spring Township at no charge
at the Township Municipal Campus, Township owned recreation areas
and parks, other Municipal buildings designated by the Township, and
at Fire Stations, Ambulance Associations, and other similar emergency
service facilities in Silver Spring Township created or erected during
the lifetime of this contract.
G. Transportation Sale and Disposal of Recyclable Materials:
Contractor shall transport the collected recyclable materials to a
processing center or at its election, directly to a purchaser. Contractor
shall have title to the recyclable materials upon pickup, may sell or
otherwise transfer the recyclables as Contractor deems appropriate
(provided the recipient thereof is in the business of recycling such
materials for re-use), and shall retain all proceeds from such sales.
Contractor shall submit to the Township a report within thirty (30)
25
days of the end of each month setting forth b, nonth the amount of
recyclable material collected in the Township.
H. Missed Pick-up: In case of missed pick-up reported by the
municipality or a customer, Contractor shall collect the recyclable
materials from such customer within twenty-four (24) hours of
notification. All calls relating to a missed pick-up shall be logged by
Contractor and such log shall be available for inspection by
municipality.
1. Refusal to Pick-UP: Contractor may refuse to make a pick-up under
the following circumstances:
If a customer does not properly separate recyclable materials from
municipal solid waste. If contractor refuses to make the pick-up,
contractor will issue a notice to the customer which contains
instructions for the proper separation of recyclable materials from the
municipal solid waste and will also notify the Township Manager of
such instance.
Reports: Contractor shall on or before the 300' day of January provide
an annual report (the "Annual Recycling Report") to municipality in
the form included herein as Exhibit 2.
K Public Awareness Program: Municipality, with assistance and
cooperation of the Contractor shall develop and implement a Public
Awareness Program for the recycling program. Municipality will use
all reasonable means to effectuate the Public Awareness Program
including insertion of notices in general mailings issued by the
Municipality and coordination with local press.
L. Schedule of Performance: Contractor shall perform those services set
forth in these specifications in accordance with the Schedule of
Performance attached hereto.
5. BILLING
Contractor will be solely responsible for collection of fees for service directly
from the property owner or tenant. Silver Spring Township will not be responsible for
any collection fees and will not do any billing. Billing shall be done on a regular and
convenient basis but, in any event, Contractor will, at a minimum, bill in intervals not to
exceed three (3) months. In accordance with attached Resolution 97-14, an
administrative service fee at a rate of $1.00 per residential customer per quarter shall be
collected by the Contractor and shall be remitted on a quarterly basis to the Township
when collected.
26
The Contractor will allow customers the ability to pay for services utilizing automatic
withdrawal.
6 M JNICIPALITY'S OBLIGATION
Municipality shall:
A. Use reasonable efforts to inform customers of (i) the benefits which
may be obtained from recycling and (ii) the types of waste which are
recyclable, and (iii) the schedule for collection of recyclables;
B. Use reasonable efforts to enforce the rules and regulations relating to
containers for recyclables and proper preparation of recyclable
materials by customer for collection by Contractor;
C. Use reasonable efforts to protect Contractor's ownership of all
recyclable materials placed at the'curbside for collection by Contractor
under the terms of the contract entered into pursuant to these
specifications including enforcement of any anti-scavenging
ordinance;
D. The municipality shall adopt and enact appropriate ordinances to
ensure the proper source separation of recyclable materials by each
customer, proper storage and placement of recyclable materials and the
remaining municipal solid waste for efficient collection by the
Contractor, education of the customer in these activities and
enforcement of the provisions of the ordinances related to source
separation, recycling and collection.
LANDFILL TRANSFER STATION OR PROCESSING FACILITY
AFFIDAVIT
Pursuant to provisions of the Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, 35 P.S. §6018.101 et seq., and Act 101 of 1988, 53 P.S.-§4000.101 and the
Cumberland County Waste Management Plan and interpretive cases thereunder, the
Municipality is obliged to ascertain that the ultimate disposal of the residential municipal
solid waste remaining after removal of recyclable materials is at a site or facility
permitted to accept such wastes (§6018.202 of 35 P.S.). Accordingly, as part of each
bidder's submission, each bid must be accompanied by a signed copy of the Landfill,
Transfer Station, or Processing Facility Affidavit and/or ultimate disposal site, on the
form attached hereto, pursuant to the terms of which the owner or operator of the
Commonwealth of Pennsylvania Department of Environmental Protection approved and
licensed landfill, transfer station or processing facility will agree to accept all municipal
solid wastes remaining after removal of recyclable materials in the performance of this
contract. The above referenced form is attached and must be completed and returned
with the bid.
27
S. C0NTDITIONS OF WORK
The municipality does not make any representations in connection with the work.
Bidders must become fully aware of the conditions relating to the work. Failure to do so
n or
orpo ating
will
carry out the provisions et forth in these specifications furnish and
to
them.
9. INSURANCE REQUIREMENTS
The Contractor shall obtain and maintain during the term of the contract Worker's
Compensation Insurance, Public Liability Insurance for bodily injury and property
damage, and Automobile Insurance sufficient to protect himself and the municipality
from claims of damages for personal injury, including wrongful death as well as from
claims for property damage, which may arise from the performance of the said contract
and "Environmental Insurance" to protect Township .from future liability at a landfill,
disposal or processing facility. The amounts of the insurance shall be as set forth under
"Minimum Insurance Requirements".
10. PERFORMANCE BOND
The successful bidder will be required to furnish a bond for the performance of
the contract as required by paragraph 9 of General Stipulations and Information for
Bidders.
11. INDEPENDENT CONTRACTOR
Successful bidder shall perform all work and services described herein as an
independent contractor and not as an agent, servant or employee of municipality.
12. NOTICE TO CONTRACTORS
The residence or place of business given in the bid upon which this contact is
based is hereby designated to be the place where all notices, letters, and other
communications shall be served, mailed or delivered by municipality, 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 Stated Post Office Department shall be deemed sufficient service thereof upon
the Contractor, and the date of mailing shall be 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 Contactor personally.
28
13, BANKRUPTCY OR INSOLVENCY OF CONTRACTOR
Should the Contractor be declared insolvent or bankrupt, such adjudications of the
insolvency or bankruptcy may be construed by the municipality as a default under this
contract and each and every remedy hereinabove provided for.
14. BREACH
A. In the event Contractor fails to perform any of its obligations under its bid
and this contract and such failure is not corrected by Contractor within
fifteen (15) days of municipality's written notice to Contract:
Municipality may declare this contract terminated and thereupon,
Contractor shall be liable to municipality for any excess costs incurred by
municipality during the balance of the term of this contract for
performance of the services Contractor was to have provided.
B. If municipality fails to perform its obligation under this contract and such
failure is not corrected within fifteen (15) days of Contractor's written
notice thereof to municipality, Contractor may declare this contract
terminated and may pursue any other remedy at law or in equity.
C. If the Successful Bidder shall fail to perform any part of the work called
for in this Contract in accordance with the terms thereof and the Board of
Supervisors decides not to cancel and terminate this Contract as provided
in previous clause, the Board of Supervisors shall have the power and is
hereby authorized to perform or cause or procure to be performed such
part of the work as the Successful Bidder shall fail to perform at the
expense of the Successful Bidder and to deduct such expenses and collect
the cost of same out of the Bond filed by the Successful Bidder, in any
legal proceedings, or any loss by reason thereof or both, at the sole option
of the Township.
15. COMPLIANCE WITH LAWS AND REGULATIONS
Contractor agrees that, in performance of work and services under this contract,
Contractor will comply with all federal, state and local laws and regulations now in
effect, 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.
16. WAIVER
A waiver of any breach of any provision of this contract shall not constitute or operate as
a waiver of any other breach of such provision or of any other provisions, nor shall any
29
failure to enforce any provision hereof operate as a waiver of such provisions or of any
other provision.
17. LAW TO GOVERN
This contract is entered into and is to be performed in the Commonwealth of
Pennsylvania. Municipality and Contractor agree that the law of the Commonwealth of
Pennsylvania shall govern the rights, obligations, duties, and liabilities of the parties to
this contract and shall govern the interpretation of this contract.
lg, ASSIGNMENT
Neither this contract nor any portion nor any of the proceeds thereunder, maybe
assigned by Contractor to any person, firm or corporation except upon the prior written_
consent and approval of the municipality. y?
19. PREPARATION OF RECYCLABLES
Contractor shall not be required to collect any recyclables which do not meet the
following specifications. Paper must either be tied in bundles of no more than forty (40)
pounds with twine or string or bagged in paper bags. Aluminum, bimetallic, and glass
must be thoroughly rinsed, caps removed, and placed together in a container as specified
in Exhibit 1 attached hereto.
20. EgEgF M JEURE
Contractor's obligations hereunder shall not be subject to conditions and events
beyond contractor's control, including but not limited to acts of God, weather, strikes,
accident, fire, flood and changes in governmental requirements.
30
SILVER SPRING TOWNSriIP
Wayne M. Pecbt, Chairman
Jackie Eakin, vice-Chairman
Jan LeBlanc
Mary Lou Pierce-McLain
Christopher R. Latta
York Waste Disposal, Inc.
Attention: Mr. Ralph Amato
Municipal Manager
p. 0. Box 1401
York, PA 17405
July 11, 2002
RE: Addendum #1- July 10, 2002
Invitation for Sealed Bids for the
Collection and Disposal of Municipal
Solid Waste, Collection of Recyclable
Materials, and Other Services
Dear Mr. Amato:
Please be advised that the following changes to the above referenced bid
document has been authorized by the Silver Spring Township Board of Supervisors at its
July 10, 2002 meeting:
Minimum Insurance Requirements
Page 34
2.A. Bodily Injury Liability - Including Personal Injuries
From $5,000,000 to $2,000,000 for each occurrence
2. Minimum insurance Requirements
Page 34
2.B. Property Damage Liability
From $5,000,000 to $2,000,000 each aggregate
Minimum. Insurance Requirements
Page 34
3.A. Bodily injury Liability
From $5,000,000 to $2,000,000 for each occurrence
6475 Carlisle pike ? Mechanicsburg, PA 17050-2391 ? (717) 7GG-0178 • (717) 766-1696 FAX
York Waste Disposal, Iv'
July 11, 2002
Page 2
4.
lviinimum Insurance Requirements
Page 35
6.
The requirement for Environmental Protection Insurance has been
deleted.
Receipt of this addendum shall be acknowledged and attached to the bid
submitted.
Please advise if you have any questions'
Sincerely,
Kel y K. Kelch
Assistant Township Manag-r
ksd
I hereby acknowledge receipt of Addendum #1 dated July 10, 2002 of the
invitation for Sealed Bids for the Collcction and Disposal of Municipal Solid Waste,
Collection of Recyclable Material, and Other Services.
07/23/02
Date
SILVER SPRING TOWNSHIP
Wayne M. Pecht, Chairman
Jackie Eakin, Vice-Chairman
Jan LeBlanc
Mary Lou Pierce-McLain
Christopher R. Latta
York Waste Disposal, Inc.
Ralph Amato, Municipal Manager
P. O. Box 1401
York, PA 17405
June 27, 2002
RE: Invitation for Sealed Bids for the Collection and Disposal of
Municipal Solid Waste, Collection of Recyclables, and Other
Services
Dear Mr. Amato:
The above referenced, attached bid solicitation is provided for your consideration.
As noted in the document, bids will be accepted until 2:00 p.m. on Wednesday, July 24,
2002 and will be opened publicly at the municipal meeting room at that time. Bid results
will be announced by the Board of Supervisors at its meeting of the same date.
Please advise if you have any questions following your review of the Invitation
for Sealed Bids.
Thank you for your interest in providing this municipal service.
Attachment
WSC/kk
Sincerely,
William S. Cook
Township Manager
6475 Carlisle Pike ? Mechanicsburg, PA 17050.2391 ? (717) 7660178 ? (717) 766.1696 FAX
TOTAL P.35
SILVER SPRING TOWNSHIP
Wayne M. Pecht, Chairman
Jackie Eakin, Vice-Chairman
Jan LeBlanc
Mary Lou Pierce-McLain
Christopher R. Latta
York Waste Disposal, Inc.
Attention: Mr. Ralph Amato
Municipal Manager
P. O. Box 1401
York, PA 17405
July 11, 2002
RE: Addendum #1- July 10, 2002
Invitation for Sealed Bids for the
Collection and Disposal of Municipal
Solid Waste, Collection of Recyclable
Materials, and Other Services
Dear Mr. Amato:
Please be advised that the following changes to the above referenced bid
document has been authorized by the Silver Spring Township Board of Supervisors at its
July 10, 2002 meeting:
Minimum Insurance Requirements
Page 34
2.A. Bodily Injury Liability - Including Personal Injuries
From $5,000,000 to $2,000,000 for each occurrence
2. Minimum Insurance Requirements
Page 34
2.B. Property Damage Liability
From $S,000,000 to $2,000,000 each aggregate
3. Minimum Insurance Requirements
Page 34
3.A. Bodily Injury Liability
From $5,000,000 to $2,000,000 for each occurrence
0475 Carlisle Pike ? Mechanicsburg, PA 17050-2391 ? (717) 766-0178 ? (717) 766.1696 FAX
York Waste Disposal, In,
July 11, 2002
Page 2
4. Minimum Insurance Requirements
Page 35
6. The requirement for Environmental Protection Insurance has been
deleted.
Receipt of this addendum shall be acknowledged and attached to the bid
submitted.
Please advise if you have any questions.
Sincerely,
Kel y K. Kelch
Assistant Township Manager
ksd
I hereby acknowledge receipt of Addendum #1 dated July 10, 2002 of the
Invitation for Sealed Bids for the Collection and Disposal of Municipal Solid Waste,
Collection of Recyclable Material, and Other Services.
07/23/02
Date
INVITATION FOR SEALED BIDS
FOR THE
COLLECTION AND DISPOSAL OF MUNICIPAL
SOLID WASTE, COLLECTION OF RECYCLABLE
MATERIALS, AND OTHER SERVICES
SILVER SPRING TOWNSHIP
6475 CARLISLE PIKE
MECHANICSBURG, PA 17050
June 26, 2002
TABLE OF CONTENTS
COLLECTION AND DISPOSAL OF MUNICIPAL
SOLID WASTE, COLLECTION OF RECYCLABLE
MATERIAL, AND OTHER SERVICES
Notice to Bidders ................................................................................................................... 5
General Stipulations and Information for Bidders .............................................. ................... 6
Sealed Bids .......................................................................,...................... ................... 6
Printed Form of Bids ............................................................................... ................... 6
Bid Security ............................................................................................ ................... 6
Financial Statement ................................................................................. ................... 7
Plans and Specifications ......................................................................... ................... 7
Qualification of Bidders .......................................................................... ................... 7
Questionnaire .......................................................................................... ................... 7
Approval of Disposal Facility ................................................................. ................... 8
Contract and Bond .............. ...... ........................::.................................... ................... 8
Not to Sublet or Assign Contract ............................................................ ................... 8
Reservations and Annulments ................................................................. ................... 9
Bids may be Rejected as Informal ........................................................... .................. 9
Terms of Contract ....................................................
................................
............ .
9
Bidders' Responsibility as to Number of Residential Establishments ..... .................. 9
Changes Prior to the Opening of Bid ....................................................... ..................10
Withdrawal of Bids .................................................................................. ..................10
Customer List ........................................................................................... ..................10
Specifications for Collection of Municipal Solid Waste and Other Services ..... ..................
11
General Intent .......................................................................................... .
..................
12
Definitions ...................:........................................................................... .
...................12
Provisions for Place of Disposal ............................................................. ...................12
Methods of Collection ............................................................................. ...................13
Time When Collections Shall be Made ................................................... ..................13
Hours When Collection Shall be Made ................................................... ................
.14
Cans or Containers for Municipal Solid Waste ....................................... .
..................14
Handling of Containers ....................................................................:....... .................
15
Penalty for Containers .............................................................................. .
.................
15
Clean-Up Week ..................................... .
Rules Under Which Municipal Solid Waste Shall be Collected .............. ....
15
Investigation and Reporting of Complaints of Failure by Occupant ....... ..............
..................16
Investigation and Reporting of Complaints by Residents ........................ ..................16
Materials Collected to be Property of Contractor .................................... .................
16
Exclusive Right to Successful Bidder ...................................................... .
..................17
Contractor to Have Telephone in House and/or Office ........................... ..................17
Inspection of Trucks ................................................................................ ..................17
2
Observation of Laws and Ordinances
..................................................................... ...17
Obligations of Contractor Regarding Labor and Equipment .................................. ...17
Collection of Municipal Solid Waste
...................................................................... ...18
Missed Collections
.................................................................................................. ...18
Township Containers ......
........................................................................................
Billi ...18
ng ..................................................................................................................... ...18
Permits and Licenses ............................. ..........
........................................................ ...19
Responsibility of Contractor .
.
.
................................................................................
Loading of Material on Vehicles ...19
............................................................................
Independent Contractor .... ...19
......................... ...
.................................
Conditions Under Which Contract may be Canceled or Terminated by the Board ...19
of Supervisors ..............
...........................................................................
Authorizing Township to Perform Contract ..20
............................................................ ..20
Specifications for Collection of Recyclable Material
..........................................................
Definitions .......... ..21
......................................................................................................
Terms of Agreement ..............
: ..22
........................
.........................................................
Municipality's Representative ...... ..24
...........................................................................
Scope of Services .............. ..24
..................................
..........................
Collection of Recycling Materials 24
...............................................................
Type of Materials to be Collected for Recycling ..24
.........................................
Schedule and Time Collection ..24
.....................................................................
Manner of Collection ..24
........................................................................:..........
Obligation of Contractor Regarding Labor and Equi
ment ..24
2
p
........................
Recycling Containers ..... ..
5
....................
Transportation, Sale, and Disposal of Recyclable Materials
.......................
Missed Pick-up .................... ..25
.........................................................................
Refusal to Pick-up ................. ..26
.......................................................................
Reports ...................... ..26
...................................................................................
Public Awareness Pro .26
gram ....................................................................... 26
....
Schedule of Performance .
..............................................................................
Billin .26
g ................................................................................. .
Municipality's Obligation ..........
............
Landfill, Transfer Station or Processing Facilit
Affidavit
y
......................................
Conditions of Work ...... .27
.............................................................................................
Insurance Requirements ..........
. .28.
.........
........................................................................
Performance Bond .. .28
.........................................................
Independent Contractor .
............................................................................................
Notice to Contractors . .28
...............................................................................................
Bankruptcy or Insolvency of Cont
a
t .28
r
c
or ...................................................................
Breach ............... .29
........................................................................................................
Compliance with Laws and Regulations .29
...................................................................
Waiver ............. .29
............................................... .
Law to Govern ...
........................................................................................................
Assignment ............... 30
.................................................................................................
Preparation of Recyclables .. 30
...................................................................................... 30
3
Force Majeure ............................................................................................................30
Exhibit 1 - Containers ...........................................................................................................31
Exhibit 2 - Monthly Recycling Report ..................................................................................32
Minimum Insurance Requirements ........................................................................................34
Questionnaire .........................................................................................
...............................3 6
Bid for Collection and Disposal of Municipal Solid Waste, Collection of Recyclable
Materials, and Other Services ..........:.........................................................................41
Landfill, Transfer Station or Processing Facility Affidavit ...................................................43
Resolution 97-14 ....................................................................................................................44
Form of Agreement ................................................................................................................45
Bond
4
NOTICE TO BIDDERS
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
Sealed bids will be received until 2:00 P.M., prevailing time, on Wednesday, July
24, 2002, at the Municipal Building, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania
17050 and will then be publicly opened and read for the collection and disposal of
municipal solid waste from residential establishments within Silver Spring Township, for
the collection of and marketing of recyclable materials from said residential
establishments, and for new and replacement recyclable containers. The contract
includes a provision for clean-up week services to be held for one week in the spring of
each contract year and an alternative of one bulk item pick up per residential
establishment per week. The tens of the contract is for a period of three (3) years
commencing October 1, 2002 with an option for an additional two (2) year period that
will be negotiated with the contactor no later than siz (6) months prior to the end of the
initial three (3) year period.
All bids shall be in accordance with the instructions and specifications set forth in
the bidding documents and must be submitted on forms provided by Silver Spring
Township in an envelope clearly marked "Sealed Bid - Collection and Disposal of
Municipal Solid Waste, Collection of Recyclable Materials, and Other Services".
Copies of the Bid and other Contract documents relating thereto may be obtained
at the Silver Spring Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg,
Pennsylvania 17050.
Each Bid shall be accompanied by a certified check in the amount of $1,000.00
for bid security in favor of Silver Spring Township.
The Board of Supervisors reserves the right to accept or reject any or all bids and
to waive any informalities or technicalities in the bids received, and to accept the bid
which it deems to be in the best interest of Silver Spring Township.
William S. Cook
Township Manager
SILVER SPRING TOWNSHIP
COLLECTION AND DISPOSAL OF MUNICIPAL SOLID WASTE,
COLLECTION OF RECYCLABLE MATERIALS, AND
OTHER SERVICES FOR THE PERIOD OF THREE YEARS
WITH AN OPTIONAL TWO YEAR NEGOTIABLE PERIOD.
GENERAL STIPULATIONS AND INFORMATION FORBIDDERS
SEALED BIDS
Sealed bids shall be addressed to the Township Manager, Silver Spring Township,
Municipal Building, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania, 17050 and
marked "Sealed Bid - Collection and Disposal of Municipal Solid Waste, Collection of
Recyclable Materials, and Other Services", in accordance with the specifications attached
hereto and will be received at the above address until 2:00 P.M., prevailing time, on
Wednesday, July 24, 2002. At 2:00 P.M. all bids will be publicly opened and read. The
bid will relate only to residential establishments as defined herein.
2. PRINTED FORM OF BIDS
All bids must be made upon the blank form or bid attached hereto and must give
the price proposed, both in words and figures (written in ink or typed), and must be
signed by the bidder with his full name and address, and where a partnership, the name
and address of each partner in full, if a corporation, the place where chartered and the
names, titles and business address of the President, Secretary and Treasurer. In
submitting bids, the bid foam must not be removed from the General Stipulations and
Information for Bidders, the Specifications for Collection and Disposal of Municipal
Solid Waste, Collection of Recyclable Materials, and Other Services, Insurance
requirements, or the Questionnaire, but deposited intact as received, and properly sealed.
BID SECURITY
No bid will be accepted unless the bidder shall famish a bid security in the form
of a certified check made payable to the Township of Silver Spring, in the amount of
$1,000.00. The certified check is to be received with the bid.
The above mentioned check shall be forfeited to the Township of Silver Spring in
the event the Contractor neglects or refuses to enter into the contract and to give bond as
hereinafter specified, not as penalty but as just and liquidated damages for delay and
additional costs or expenses incurred by the Township owing to his failure to accept the
award and execute the contact and give bond as required.
The certified check of the unsuccessful bidders will be returned after the contract
is awarded., The certified check of the successful bidder will be returned after the
6
execution of the contract and bond. The Township shall not be liable for any interest on
any such bid security.
4. FINANCIAL STATEMENT
Each proposal shall be accompanied by a full and complete statement (notarized
and certified to be correct) of the financial condition of the bidder for a period of twelve
(12) months last preceding the month in which this bid is submitted. In addition, the
bidder shall furnish the Township Manager a complete financial report of bidder's prior
year's operation including all information pertinent to actual collection, disposal and
billing operation setting forth all costs, wage rates and other information necessary to
determine the financial responsibility of the bidder.
Each proposal shall also be accompanied by a statement of any litigation pending
against the bidder.
5. PLANS AND SPECIFICATIONS
With each bid the bidder must furnish one set of general plans and specifications
setting forth the equipment, the size of work crew, times of collection subject to approval
by Silver Spring Township, routing and methods proposed for collecting, receiving,
transporting, conveying, handling, and disposing of municipal solid waste to the disposal
site designated as well as the recyclable materials. In particular, the methods, size and
location of disposal area, apparatus and equipment for the elimination and control of
nuisances that may arise during the process of collection, treating or disposal of the
material shall be shown, specified and described in sufficient detail to enable the Board
of Supervisors to judge the adequacy and sufficiency, as it is an essential requirement of
this contract that neither objectionable odors, noxious gases nor putrescent liquid shall
escape during or after the process of collection, treatment or disposal to the extent of
constituting a public nuisance or hazardous or toxic waste. In addition, the bidder shall
submit a swom statement that he will abide by all ordinances, rules and regulations of
any municipality providing or making available landfill disposal facilities and of any
other governmental unit having jurisdiction thereof.
6. QUALIFICATION OF BIDDERS
Silver Spring Township reserves the right to reject the Bid of any bidder not
possessing satisfactory qualifications as deemed by the Township.
7. QUESTIONNAIRE N
The attached questionnaire must be fully and completely answered. However, to
the extent that the information called for in Paragraph 4 above is detailed and set forth in
the Questionnaire, it need not be otherwise duplicated. All bidders are required to submit
in writing with their bids the names, addresses and phone numbers of at least two (2)
references familiar with the service being bid. Failure to submit references may result in
rejection of the bid.
8. APPROVAL OF DISPOSAL FACILITY
The location of the disposal facility which the bidder proposes to use in the
disposal of municipal solid waste must be in accordance with the current Cumberland
County Municipal Waste Management Plan, meet the approval of Silver Spring
Township and be certified by the Commonwealth of Pennsylvania.
9. CONTRACT AND BOND
The successful bidder shall, within ten (10) working days after notification of
award, enter into a written contract with the Township of Silver Spring and shall also
give to 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
first year's collection charges based upon an assumed number of residential
establishments. For the purpose of the bond for the first year the number of residential
establishments shall be assumed to be approximately 3,500. The bond will be adjusted
annually based upon current rates and units and for further adjustment if disposal fees are
increased. This is conditioned that the successful bidder shall comply in all respects with
the term and conditions of the contract, and its obligation thereunder, including the
specifications, and shall indemnify and save harmless said Township of Silver Spring
against or from any and all costs, expense, damage, injury or loss to which the said
Township of Silver Spring may be subjected by reason of any wrongdoing, misconduct,
want of 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 indemnify and save harmless said Township of Silver Spring
against and from all claims against it or losses to it from any cause whatever, including
but not limited to patent infringements in the matter of completing said contract. The
Bond shall be subject to the approval of the Township Solicitor.
In case of failure or refusal on the part of the bidder to enter into said contract and
file the aforesaid bond within ten (10) days of the notice of award, the amount of the bid
security check will be forfeited and paid to the Township of Silver Spring.
10. NOT TO SUBLET OR ASSIGN CONTRACT
The Contractor shall give personal attention constantly to the faithful performance
of the work, shall keep the same under the Contractor's control, and shall not transfer or
assign by power of attorney or otherwise, nor sublet the work or any part thereof without
the advance written consent of the Board of Supervisors of Silver Spring Township. In
such case, Contractor shall state to the Board of Supervisors of Silver Spring Township in
writing, the name and address of such assignee or sub-contractor as Contractor intends to
engage, the portion of the work which the assignee or sub-contractor is to do or the
material which he is to furnish, his place of business and such other information as the
Board of Supervisors may require, in order to know whether such sub-contractor is
reputable and reliable and able to perform the work as called for in the specifications.
Contractor shall not, either legally or equitably, assign any of the moneys payable
under the contract unless by and with the like advance written consent of the Board of
Supervisors of Silver Spring Township.
The Contractor shall not be released from any of his liabilities, or obligations
under this contract should any sub-contractor fail to perform in a satisfactory manner the
work undertaken by him.
11. RESERVATIONS AND ANNULMENTS
The Board of Supervisors of Silver Spring Township 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 readvertise if the best interest of the Township will thereby
be promoted, to waive technical defects, if, in its judgment, the interest of the Township
shall so require; also, the right to annul any contract if, in its opinion, there shall be
failure at any time to perform faithfully.any of its stipulations, or in case of a willful
attempt to impose upon the Township articles or services inferior to those required by the
contract. Any action taken in pursuance of this provision shall not affect or impair any
right or claim of the Township to recover damages for the breach of any of the covenants
of the contract by the Contractor.
12. BIDS MAY BE REJECTED AS INFORMAL
Bids which contain erasures, alterations, conditional bids, omissions, or
irregularities of any kind may be rejected as informal.
13. TERMS OF CONTRACT
The Contractor shall begin work under the contract on October 1, 2002. The
contract shall continue for a period of three (3) years with the option of an additional two
(2) year period that will be negotiated with the Contractor no later than six (6) months
prior to the end of the initial three (3) year contract. Contractor shall not be paid by the
customer for any months during which he does not collect all material from the
residential establishment as provided in the specifications if the failure to collect was
within the Contractor's ability to control as determined by the Township.
14. BIDDERS' RESPONSIBILITY AS TO NUMBER OF RESIDENTIAL
ESTABLISHMENTS
It is stipulated that the bid under this proposal shall be for a monthly rate per
residential establishment. A "residential establishment" is a building used for residential
purposes, except hotels, apartments with more than four (4) "dwelling units", tourist
cabins, motels, mobile homes in mobile home parks and farm land containing ten (10) or
more acres. A "dwelling unit" is one or more rooms in a residential establishment which
room or rooms have fixed cooking facilities arranged for occupancy by one person, two
or more persons living together, or one family. All bidders are advised and cautioned
that the Township makes no warranty as to the number of residential establishments
within the Township now or at any time in the future. It will be the responsibility of the
successful bidder to ascertain the number of residential establishments from time to time
and to deliver the information to the Township or its collecting agent. As the bid is for a
monthly rate per residential establishment, nothing herein is to be construed as a warranty
as to the number of residential establishments or the gross amount which may be received
at any time by the successful bidder.
15. CHANGES PRIOR TO THE OPENING OF BIDS
During the period allowed for preparation of bids, the bidders may be furnished
addenda or bulletins for additions to or alterations of the Specifications, which shall be
included in the work covered by the Bid and become a part of the Contract Documents.
If any prospective bidder is in doubt as to the true meaning of any part of the
Specifications or other Contract Documents, he may submit to the Township Manager a
written request for an interpretation thereof. The bidder submitting the request will be
responsible for its prompt delivery. Any interpretation of the Contract Documents will be
made only by an addendum duly issued and a copy of such addendum will be mailed or
delivered to each prospective bidder of record. The Township will not be responsible for
any other explanations or interpretations of the proposed Contract Documents. All
bidders will acknowledge in the space provided for in the Bid the receipt of all Addenda.
16. WITHDRAWAL OF BIDS
No bid may be withdrawn for a period of sixty (60) days after the date and time
designated for the opening thereof.
17. CUSTOMER LIST
The Contractor shall provide annually to the Township a list of customers with
property and mailing addresses.
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SILVER SPRING TOWNSHIP
SPECIFICATIONS FOR COLLECTION OF
MUNICIPAL SOLID WASTE AND OTHER SERVICES
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SPECIFICATIONS
GENERAL INTENT
Contractor shall collect, remove and properly dispose of municipal solid waste
from all residential establishments in the entire Township of Silver Spring except as
otherwise noted, all in a manner and with equipment in accordance with these
Specifications, including any and all requirements set forth in the General Stipulations
and Information for Bidders, and together with any and all applicable requirements of the
Pennsylvania Department of Health, the Pennsylvania Department of Environmental
Protection, and Cumberland County, Pennsylvania.
2. DEFINITIONS
GARBAGE - where it occurs in these specifications means putrescible animal
and vegetable waste resulting from the handling, preparation, cooking and
consumption of foods.
ASHES - where it occurs in these specifications means residue from burning of
wood, coal, coke, or other combustible material.
MUNICIPAL SOLID WASTE - as defined in these specifications is all
putrescible and non-putrescible solid wastes (excluding body wastes), but
including garbage, rubbish, ashes, and street cleanings.
MATERIAL - includes garbage, trash, ashes, refuse, and rubbish.
RESIDENTIAL ESTABLISHMENT - where it occurs in these specifications
means a building used for residential purposes, except hotels, apartments with
more than four (4) dwelling units, tourist cabins, motels, mobile homes in mobile
home parks and occupiers of farm land containing ten (10) or more acres.
DWELLING UNIT - when it occurs in these specifications means one or more
rooms in a residential establishment which room or rooms has fixed cooking
facilities arranged for occupancy by one person, two or more persons living
together, or one family.
3. PROVISIONS FOR PLACE OF DISPOSAL
The Contractor shall utilize a Cumberland County designated disposal facility to
dispose of municipal solid waste to be collected during this contract and will guarantee
the availability of a disposal facility during the entire term of the contract. In addition,
the Contractor must submit with his bid proper proof in writing that he either has or can
utilize such a site or area for disposal and that disposal in the area is in compliance with
all applicable and existing state and municipal rules or ordinances in the area. In
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addition, the bidder shall submit a swom statement stating that he will abide by all
statutes, ordinances, rules and regulations of any municipality providing or making
available disposal facilities and of any other governmental unit having jurisdiction
thereof. In the event that there is a lawful increase in charge to the Contractor for the use
of such disposal site or disposal area during the term of this contract, Contractor shall
have the right to increase his charges in such amount and only in such amount, as will
enable Contractor to recover such increased expenses, if any, subject to prior submission
by Contractor to Board of Supervisors of satisfactory evidence of such increased
expenses and also subject to prior approval thereof by the Board of Supervisors. Failure
of Contractor to submit such evidence of such increased expense within thirty (30) days
after Contractor knows of or should have known of such increased expense shall
constitute a waiver of and relinquishment of any right to any of such increased expense.
In the event that the Township provides or makes available a disposal site or disposal
area, including provision thereof through agreement with the state, county, political
subdivision or municipal authority thereof, Contractor agrees to use such disposal
facilities, and the Township reserves the right to charge a fee for the use of such facilities,
In such case, the Contractor shall have the right to increase his charges in such amount
but only in such amount, as will enable him to recover such increased expense, if any.
4. METHODS OF COLLECTION
All material must be collected in watertight, covered plastic or metallic cans or
durable and watertight plastic bags that can be easily and quickly handled by one man,
capable of being removed without spilling, which shall be loaded in a truck and delivered
to the disposal facilities. Contractor shall be responsible for retrieving all materials
spilled by it in the collection and disposal process.
Trucks to be used for the removal of material shall be of metal body, securely
covered, watertight, strongly built, kept thoroughly cleansed and well painted and must
have the name of the Contractor, telephone number and truck number painted on each
side of the same, in letters of a size to be read at a distance of 25 feet and always legible.
Open trucks or trucks covered with tarpaulins will not be acceptable.
Contractor shall handle all receptacles and containers as carefully and quietly as
possible and shall return (not throw) them to the location where picked up.
The Township shall have the right to inspect any collection vehicle at any time
and any place it is being used within the Township. In addition, the Contractor shall
make vehicles available for inspection whenever so requested by the Township at a
specific time and place.
5. TIME WHEN COLLECTIONS SHALL BE MADE
Collection of municipal solid waste from all residential establishments shall be
made one (1) time per week for the entire year.
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Contractor must notify customers, at its own expense, of collection dates.
Collections which would normally occur on a holiday shall be rescheduled for the
next business day following the holiday. Holidays shall include New Year's Day,
Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
The Bidder shall submit with his bid, a detailed plan for the collection of the
municipal solid waste. The routing plan shall include the number of vehicles and
personnel to be used, and the day of the week that each area of the Township will be
collected. This plan and its accompanying details shall be subject to the approval of the
Board of Supervisors of Silver Spring Township, and failure of the Board of Supervisors
to approve the plan shall be cause for rejecting a bid.
6. HOURS WHEN COLLECTION SHALL BE MADE
All collections shall be made between the hours of 6:00 A.M. and 3:00 P.M.,
prevailing time; provided, however, that this shall not prevent the collection of material
on an emergency basis during other hours when necessitated by natural catastrophe, or
other conditions beyond the control of the Contractor. The extension of the emergency
hours shall at all times be subject to the approval of the Township Manager.
CANS OR CONTAINERS FOR MUNICIPAL SOLID WASTE
All parties or persons occupying residential establishments within the Township
of Silver Spring will be required by the Township to provide and use (1) containers of
durable, watertight, rust-resistant materials having a close fitting lid with handles with a
capacity of not more than forty (40) gallons and shall be of such size as can be handled
easily by one man, or (2) durable and watertight plastic bags.
The maximum weight of a filled container shall not exceed eighty (80) pounds,
and the maximum weight of a filled plastic bag shall be limited to such weight as will not
cause the bag to break when lifted and carried to Contractor's equipment. Garbage shall
be thoroughly drained of all water. All containers or plastic bags shall be securely
covered or tied, as the case may be.
Tree trimmings, hedge clippings, and similar rubbish shall be cut in lengths not
exceeding five (5) feet and shall be securely tied in bundles before being deposited for
collection.
Non-recyclable printed matters, not placed in containers shall be securely tied in
bundles not exceeding forty (40) pounds with twine or string or bagged in paper bags.
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HANDLING OF CONTAINERS
The Collector shall exercise all reasonable care in handling of municipal solid
waste containers and shall not willfully break, deface or injure the same. All covers will
be placed on cans when cans are returned to the place of collection.
9. PENALTY FOR CONTAINERS
All cans or containers, except plastic bags, broken or destroyed in improper or
careless handling of the same by the Collector of material shall be. replaced by the
Contractor at his own expense.
10. CLEAN-UP WEEK
A. As part of the regular collection service, the Successful Bidder shall
provide personnel and equipment to collect and dispose of large and
bulky household items (i.e. appliances, television sets, car tires (up to
four (4) without rims), furniture, and other similar items) from
residential establishments which have been placed at the curb during
one designated week in the spring known as Spring Clean-up week.
The specific week is to be designated by the Township in consultation
with the successful bidder and advertised in the local newspaper by the
Contractor. The bidders shall also provide a list of the items not
allowed for the Spring Clean-up week with their bid.
B. As an alternative to Spring Clean-up, the Township, as an option, is
soliciting bids on the collection of a maximum of one bulky household
item (as described above) per week from each residential
establishment as a part of the weekly municipal solid waste collection.
11. RULES UNDER WHICH MUNICIPAL SOLID WASTE SHALL BE
COLLECTED
The Contractor shall be required to collect at each residential establishment an
unlimited number of containers, plastic bags, and bundles of the authorized size and
weight. Where Contractor has not made a collection by reason of the customer's failure
to comply with collection ordinances or regulations, the Contractor shall report the matter
in writing to the Township Manager or his designee. Service can be suspended for non-
payment. Contractor will notify Township Manager of any residence at which service is
suspended.
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12. INVESTIGATION AND REPORTING OF COMPLAINTS OF FAILURE BY
OCCUPANT
It will be the duty of the Township Manager or his designee to investigate all
complaints made of failure by occupants of residential establishments within the
Township to comply with the provisions of the ordinances concerning packaging and
placement of municipal solid waste and to prosecute all offenders under such provisions.
13. INVESTIGATION AND REPORTING OF COMPLAINTS BY RESIDENTS
All complaints by residents of the Township, made through the Township or
directly to the Contractor regarding the services provided under the Contract, shall be
responded to by the Contractor. Upon request from the Township Manager, the
Contractor will provide a written report to the Township on any or all complaints and the
corrective action taken.
A. Date of Complaint
B. Name, address and telephone number of the person making the complaint
C. Description and nature of complaint
D. Date of resolution of complaint
E. Description of resolution of complaint
If the complaint has not been resolved, this should also be indicated.
The Township reserves the right to intercede as a mediator in any unresolved
complaint by a resident or property owner, to investigate said complaint and to act as an
intermediary to bring the resident and the Contractor together to resolve the complaint.
14. MATERIALS COLLECTED TO BE PROPERTY OF CONTRACTOR
The Contractor, for the collection and disposal of any material mentioned in these
specifications, shall be considered the owner and sole possessor of all material from the
time of its collection.
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15. EXCLUSNE RIGHT TO SUCCESSFUL BIDDER
The successful bidder shall have the exclusive right and privilege of collecting,
removing and disposing of all municipal solid waste from residential establishments in
the Township of Silver Spring as aforesaid. The resulting contract will provide that no
person shall carry, convey or transport through the streets, alleys or public places of the
Township any of the aforesaid materials from residential establishments subject to the
penalties prescribed by the law of the Commonwealth of Pennsylvania and Ordinances of
the Township, or the rules of the Health Department or any governmental agency having
jurisdiction. The Township agrees to prevent, as far as lawful, anyperson other than the
Contractor from gathering, hauling, removing or carrying any material from residential
establishments within the Township limits, which by these specifications the Contractor
is required to collect and dispose.
16. CONTRACTOR TO HAVE TELEPHONE IN HOUSE AND/OR OFFICE
Contractor shall establish and maintain and list in the Greater Harrisburg
Telephone Directory a toll-free telephone number within his house, office or plant which
persons in Silver Spring Township may use to contact Contractor and shall attend such
telephone during normal business hours established by Township every day of the week,
except Saturday, Sunday and holidays.
17. INSPECTION OF TRUCKS
The Contractor shall be required to present his trucks for inspection within the
Township limits at such reasonable times and places as may be designated by the
Township Manager or his designee.
18. OBSERVATION OF LAWS AND ORDINANCES
All municipal ordinances, laws of the Commonwealth of Pennsylvania and of the
United States, and rules and regulations promulgated thereunder shall be observed by the
Contractor.
19. 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 to meet all obligations
set forth in these specifications. Equipment shall be maintained in good working order
and operating condition and shall be kept reasonably clean, both for safety and sanitation
reasons.
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Contractor shall use vehicles which are approved by the Township. Such vehicles
shall be suitable for such collection and shall generally be dedicated for use in the
performance of recycling collections and/or municipal solid waste collection as
appropriate. All vehicles shall bear prominent markings, signs, or decals identifying
them as being collection vehicles. Contractor shall have available a minimum of two (2)'
recycling vehicles and two (2) municipal solid waste collection vehicles for the
performance of work under these specifications. The bodies of vehicles shall be covered
to prevent materials from being blown about and shall be constructed to prevent the
leakage of liquids to the maximum extent possible.
20. COLLECTION OF MUNICIPAL SOLID WASTE
A. Contractor shall collect or remove all municipal solid waste placed at the
curbside on public streets from all residential establishments located in the
municipality as defined herein. All collection services performed shall be
expanded to include newly constructed residential establishments as they
become inhabited.
B. Contractor shall also offer door side service to all verifiable persons with
disabilities in the Township as defined by the American with Disabilities
Act of 1990, as amended, whose residential establishment does not have
residing therein another individual capable of transporting municipal solid
waste and recyclable materials to the designated location. This
arrangement will be made directly between the Contractor and resident.
21. MISSED COLLECTIONS
The Contractor shall be responsible for the pickup of any material missed or
overlooked during the regular collection. All missed material shall be collected within
twenty-four (24) hours following notice to the Contractor.
22. TOWNSHIP CONTAINERS
Contractor shall provide the following dumpsters or trash removal containers, and
full collection service for use by Silver Spring Township at no charge: Township
Municipal Building and at Township owned recreation areas; and any other Township
building, or parks, etc. created or erected during the lifetime of this contract; Silver
Spring Community Fire Company; New Kingstown Fire Company; and the Silver Spring
Ambulance Association. The Contractor will also provide to the Township a large roll-
off container twice a year at the place and time designated by the Township.
23. BILLIN
G
Contractor will be solely responsible for collection of fees for service directly
from the property owner or tenant. Silver Spring Township will not be responsible for
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any collection fees and will not do any billing. Billing shall be done on a regular and
convenient basis but, in any event, Contractor will, at a minimum, bill in intervals not to
exceed three (3) months. In accordance with attached Resolution 97-14, an
administrative service fee at a rate of $1.00 per residential customer per quarter shall be
collected by the Contractor and shall be remitted on a quarterly basis to the Township
when collected.
The Contractor will allow customers the ability to pay for services utilizing automatic
withdrawal.
24. PERMITS AND LICENSES
The Contractor shall obtain from the proper authorities, all permits or licenses
necessary to carry on this work, shall pay any fees or charges required, and shall be
responsible for conducting its operations in accordance with the provisions set forth in
these specifications and the contract.
25. RESPONSIBILITY OF CONTRACTOR
The Contractor will be and is hereby responsible for any and all injury or damage
to property or persons or accidents which may occur to any person or persons in
consequence of Contractor's act, or the acts of Contractor's agents, servants, or
employees. Contractor agrees that appropriate public liability and worker's
compensation insurance shall be obtained and maintained at all times during the Contract,
protecting Township against loss or injury occasioned by the acts of the Contractor,
Contractor's agents, servants, or employees, in accordance with attachment entitled
"Minimum Insurance Requirements". The Contractor shall comply with the provisions
of the current Worker's Compensation Act and any supplements or amendments thereto
relative to worker's compensation insurance, and shall furnish proof to the Township that
he has accepted the provisions of said Act and either insured his liability thereunder or
secured exemption therefrom. The Contractor shall indemnify and save harmless the
Township of Silver Spring against of, and from any and all costs, expenses, damages,
claims, demands, suits, injury or loss to which the said Township may be subjected by
reason of any wrongdoing, misconduct, negligence or fault of Contractor, his agents,
servants, or employees in or about the execution or performance of the said contract.
26. LOADING OF MATERIAL ON VEHICLES
Should the Contractor desire to load material on transfer vehicles, such transfer
shall be located and operated so as not to cause a nuisance inside the Township limits and
will be approved by the Township.
27. INDEPENDENT CONTRACTOR
Successful bidder shall perform all work and services described herein as an
independent contractor and not as an agent, servant or employee of municipality.
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28. CONDITIONS UNDER WHICH CONTRACT MAY BE CANCELED OR
TERMINATED BY THE BOARD OF SUPERVISORS
If the work under this contract shall be abandoned by the Contractor, or if this
contract shall be assigned or the work sublet by the Contractor other than as herein
specified, or if at any time the Board of Supervisors shall be of the opinion, and so certify
in writing (which certificate shall be final, binding and conclusive on ,the Contractor) that
the performance of the contract is being unnecessarily or unreasonably delayed, or that
the Contractor is violating any of the conditions or covenants of this contract, or the
specifications thereof, or is executing the same in bad faith, or not in accordance with the
terms thereof, the Board of Supervisors may cancel and terminate this contract by a
written notice, to be served upon the Contractor either personally or by leaving it at the
Contractor's residence or office, and Board of Supervisors shall thereupon have the
power and is hereby authorized to procure in the manner prescribed by law such and so
much of said work to be performed by others as may be necessary to fulfill this contract
and in such cases, the Township shall have the power and is hereby authorized to charge
to the Contractor the amount of loss suffered by the Township, upon a reletting of the
contract, if the amount of moneys received by the Township shall be less than the amount
which would have been payable under this contract if the same had been completed by
the Contractor, then the Contractor shall and will pay to the Township the amount of such
differences.
29. AUTHORIZING TOWNSHIP TO PERFORM CONTRACT
If the Contractor shall fail to perform any part of the work called for in this
contract in accordance with the terms thereof and the Board of Supervisors decides not to
cancel and terminate this contract as provided in previous clause, the Board of
Supervisors shall have the power and is hereby authorized to perform or cause or procure
to be performed by others such part of the work as the Contractor shall fail to perform at
the expense of the Contractor and to deduct such expenses and collect the cost of same
out of the bond filed by the Contractor, in any legal proceedings, or any loss by reason
thereof or both, at the sole option of the Township.
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SILVER SPRING TOWNSHIP
SPECIFICATIONS FOR COLLECTION
OF RECYCLABLE MATERIAL
21
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SPECIFICATIONS FOR COLLECTION OF RECYCLABLE MATERIALS
1. DEFINITIONS
For the purpose of these specifications, the following terms shall have the
meaning set forth below, unless the context clearly indicates otherwise:
ALUMINUM - the lightweight ductile and malleable metallic substance or
element commonly known as aluminum and shall include all aluminum food and
beverage cans. This description excludes aluminum foil, trays, plates, and
miscellaneous aluminum products.
BIMETALLIC CANS - means all food and beverage containers consisting of a
steel (ferrous) cylinder bottom and an aluminum top.
COMMINGLED - refers to placement of recyclable materials as defined herein,
except newspapers, corrugated cardboard, magazines and junk mail, in a special
recycling container for the purpose of collection without there having been
segregated by color or type.
CONTRACT DOCUMENTS - include the Public Advertisement - Invitation for
Bids, General Stipulations and Information for Bidders, General Specifications
and Requirements, Questionnaire, Bid Form, Contract, Bid Bond, and any
addenda issued by the Township, and any changes to the foregoing documents
agreed to by the Township and the Contractor.
CONTRACTOR - means that individual, partnership, firm, corporation or
business entity designated by the Municipality by means of an independent
contract, as the person having the exclusive right and privilege to collect, haul,
carry, remove or disperse of all municipal solid waste and recyclable materials
from residential establishments within the Municipality.
GLASS - shall for the purpose of this contract mean the hard, brittle, transparent
or partially transparent substance produced by fusion of silica and silicates or sand
containing soda and lime and/or other chemicals and substances usually or
conveniently included in the manufacture of glass; and shall for the purpose of
this contract include all materials commonly known as glass bottles or containers.
This includes all food and beverage containers made of glass of one gallon or less
capacity. Excluded are blue glass, ceramics, pottery, and flat glass commonly
known as "window" or "plate" glass.
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HDPE - High Density Polyethylene
HAZARDOUS WASTE - is any chemical, compound, mixture, substance, or
article which is designated by the United States Environmental Protection Agency
or appropriate agency of the state to be "hazardous" as that term is defined by or
pursuant to federal or state law.
MUNICIPALITY - means "Silver Spring Township", Cumberland County,
Pennsylvania.
NEWSPAPER - 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.
PET - Polyethylene terephthalate used to make plastic soda bottles
PLASTIC - means a class of synthetic organic compounds capable of being
molded, extruded, cast, or otherwise fabricated into various shapes. It shall
include #1 and 92, high density polyethylene (HDPE) polyethylene terephthalate
(PET). It shall exclude low density polyethylene (LDPE), polypropylene (PP),
and polyvinylchloride (PVC).
PROCESSING CENTER - is any facility maintained for the purpose of storing,
preparing, and/or consolidating recyclable materials (as defined herein) for sale.
PUBLIC AWARENESS PROGRAM - is the program developed by the
municipality with the assistance and cooperation of the Contractor to inform and
encourage residents to use the recycling collection services.
RECYCLABLE MATERIALS - includes colored and clear glass,
aluminum/bimetallic cans, plastic PET bottles, plastic milk and water jugs
(I-IDPE), newspaper, magazines, junk mail, empty aerosol cans and such other
materials as the parties may agree to in writing.
RECYCLING COLLECTION SERVICES - those services to be performed by
Contractor as follows: (1) the collection and conveyance of recyclable materials;
(2) processing of recyclable materials as applicable; and (3) marketing of the
recyclable materials.
RECYCLING CONTAINERS - sturdy plastic containers as set forth on Exhibit
1, having a minimum capacity of 20/22 gallons, being of one color as designated
by the municipality, bearing the municipal recycling logo, and bearing a list of the
recyclable items which are being collected with drainage capacity for liquid.
STEEL CANS - means all food and beverage containers consisting of steel.
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TERMS OF AGREEMENT
The term of this contract shall be for an initial period of three (3) years
commencing October 1, 2002. An additional two (2) years may be negotiated with the
contractor at the sole prerogative of the Township.
3. MUNICIPALITY'S REPRESENTATIVE
The municipality's representative for purposes of this bid specification and the
contract entered into pursuant to this bid shall be the Township Manager.
4. SCOPE OF SERVICES
Contractor shall perform recycling collection services in the Township of Silver
Spring as follows:
A. Collection of Recycling Materials: Contractor shall collect and
remove all recyclable materials which are co-mingled and placed in or
adjacent to recycling containers at the curbside on public streets
(curbside) from all residential establishments. The recycling
collection services performed shall be expanded to include newly
constructed units as they become inhabited.
B. Type of Materials to be Collected for Recycling: The type of
recyclable materials to be collected regularly shall be determined by
joint agreement with the municipality and the contractor collecting
recyclable materials, and may be changed by the Township no more
often than once annually. The recyclable materials will include:
newspaper, clear/colored glass, aluminum/bimetallic cans, plastic PET
bottles, plastic milk and water jugs (HDPE), junk mail, and empty
aerosol cans.
C. Schedule and Time Collection: Contractor shall collect the recyclable
material placed at the curbside for collection weekly for all residential
establishments on the same day as municipal solid waste collection.
Collection will not be made on the following holidays: New Year's
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and
Christmas. Collection which would normally occur on such holidays
shall be rescheduled for the next business day. Said collection of
recyclables shall be commenced and completed between the hours of
6:00 A.M. and 3:00 P.M., prevailing time, except in the case of
mechanical breakdown or emergency or unusual circumstances.
D. Manner of Collection: The recyclable materials shall be collected in a
neat and workmanlike manner, and if by accident or otherwise the
recyclables shall be spilled, the collector shall be required to gather up
24
and retrieve 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.
E. Obligation of Contractor Regarding Labor and Equipment: The
Contractor shall at his own cost and expense provide all labor and
supply all necessary vehicles, tools, equipment, materials, and other
facilities for the collection and handling of the recyclables/municipal
solid waste in strict conformity with these specifications. Equipment
shall be maintained in good working order and shall be kept
reasonably clean.
Contractor shall collect recyclable materials 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.
Contractor shall have available a minimum of two (2) recycling
vehicles for the performance of work under this contract. The bodies
of such vehicles shall.be constructed to prevent the leakage of liquids.
F. Recycling Containers: Contractor shall provide to each residential
establishment at least one plastic container of not less than 20/22
gallons capacity for use in collection of recyclable materials, as
specified in Exhibit 1. Contractor shall warrant the containers to be
free of defects for the term of the contract. The Township recycling
logo shall be clearly and permanently displayed on the recycling
containers to be provided by Contractor. The recycling containers
shall be uniform in color and lettering with same to be determined in
advance by the Township.
Contractor shall also provide containers for recyclables and full
collection service for the use by Silver Spring Township at no charge
at the Township Municipal Campus, Township owned recreation areas
and parks, other Municipal buildings designated by the Township, and
at Fire Stations, Ambulance Associations, and other similar emergency
service facilities in Silver Spring Township created or erected during
the lifetime of this contract.
G. Transportation Sale and Disposal of Recyclable Materials:
Contractor shall transport the collected recyclable materials to a
processing center or at its election, directly to a purchaser. Contractor
shall have title to the recyclable materials upon pickup, may sell or
otherwise transfer the recyclables as Contractor deems appropriate
(provided the recipient thereof is in the business of recycling such
materials for re-use), and shall retain all proceeds from such sales.
Contractor shall submit to the Township a report within thirty (30)
25
days of the end of each month setting forth by month the amount of
recyclable material collected in the Township.
H. Missed Pick-up: In case of missed pick-up reported by the
municipality or a customer, Contractor shall collect the recyclable
materials from such customer within twenty-four (24) hours of
notification. All calls relating to a missed pick-up shall be logged by
Contractor and such log shall be available for inspection by
municipality.
Refusal to Pick-UP: Contractor may refuse to -make a pick-up under
the following circumstances:
If a customer does not properly separate recyclable materials from
municipal solid waste. If contractor refuses to make the pick-up,
contractor will issue a notice to the customer which contains
instructions for the proper separation of recyclable materials from the
municipal solid waste and will also notify the Township Manager of
such instance.
Reports: Contractor shall on or before the 30a' day of January provide
an annual report (the "Annual Recycling Report") to municipality in
the-form included herein as Exhibit 2.
K. Public Awareness Program: Municipality, with assistance and
cooperation of the Contractor shall develop and implement a Public
Awareness Program for the recycling program. Municipality will use
all reasonable means to effectuate the Public Awareness Program
including insertion of notices in general mailings issued by the
Municipality and coordination with local press.
L. Schedule of Performance: Contractor shall perform those services set
forth in these specifications in accordance with the Schedule of
Performance attached hereto.
5. BILLING
Contractor will be solely responsible for collection of fees for service directly
from the property owner or tenant. Silver Spring Township will not be responsible for
any collection fees and will not do any billing. Billing shall be done on a regular and
convenient basis but, in any event, Contractor will, at a minimum, bill in intervals not to
exceed three (3) months. In accordance with attached Resolution 97-14, an
administrative service fee at a rate of $1.00 per residential customer per quarter shall be
collected by the Contractor and shall be remitted on a quarterly basis to the Township
when collected.
26
The Contractor will allow customers the ability to pay for services utilizing automatic
withdrawal.
6. MUNICIPALITY'S OBLIGATION
Municipality shall:
A. Use reasonable efforts to inform customers of (i) the benefits which
may be obtained from recycling and (ii) the types of waste which are
recyclable, and (iii) the schedule for collection of recyclables;
B. Use reasonable efforts to enforce the rules and regulations relating to
containers for recyclables and proper preparation of recyclable
materials by customer for collection by Contractor;
C. Use reasonable efforts to protect Contractor's ownership of all
recyclable materials placed at the*curbside for collection by Contractor
under the terms of the contract entered into pursuant to these
specifications including enforcement of any anti-scavenging
ordinance;
D. The municipality shall adopt and enact appropriate ordinances to
ensure the proper source separation of recyclable materials by each
customer, proper storage and placement of recyclable materials and the
remaining municipal solid waste for efficient collection by the
Contractor, education of the customer in these activities and
enforcement of the provisions of the ordinances related to source
separation, recycling and collection.
LANDFILL TRANSFER STATION OR PROCESSING FACILITY
AFFIDAVIT
Pursuant to provisions of the Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, 35 P.S. §6018.101 et seq., and Act 101 of 1988, 53 P.S.-§4000.101 and the
Cumberland County Waste Management Plan and interpretive cases thereunder, the
Municipality is obliged to ascertain that the ultimate disposal of the residential municipal
solid waste remaining after removal of recyclable materials is at a site or facility
permitted to accept such wastes (§6018.202 of 35 P.S.). Accordingly, as part of each
bidder's submission, each bid must be accompanied by a signed copy of the Landfill,
Transfer Station, or Processing Facility Affidavit and/or ultimate disposal site, on the
form attached hereto, pursuant to the terms of which the owner or operator of the
Commonwealth of Pennsylvania Department of Environmental Protection approved and
licensed landfill, transfer station or processing facility will agree to accept all municipal
solid wastes remaining after removal of recyclable materials in the performance of this
contract. The above referenced form is attached and must be completed and returned
with the bid. .
27
8. CONDITIONS OF WORK
The municipality does not make any representations in connection with the work.
Bidders must become fully aware of the conditions relating to the work. Failure to do so
will not relieve the successful bidder of his obligation to furnish and perform the work, or
to carry out the provisions set forth in these specifications and the contract incorporating
them.
9. INSURANCE REQUIREMENTS
The Contractor shall obtain and maintain during the term of the contract Worker's
Compensation Insurance, Public Liability Insurance for bodily injury and property
damage, and Automobile Insurance sufficient to protect himself and the municipality
from claims of damages for personal injury, including wrongful death as well as from
claims for property damage, which may arise from the performance of the said contract,
and "Environmental Insurance" to protect Township from future liability at a landfill,
disposal or processing facility. The amounts of the insurance shall be as set forth under
"Minimum Insurance Requirements".
10. PERFORMANCE BOND
The successful bidder will be required to furnish a bond for the performance of
the contract as required by paragraph 9 of General Stipulations and Information for
Bidders.
11. INDEPENDENT CONTRACTOR
Successful bidder shall perform all work and services described herein as an
independent contractor and not as an agent, servant or employee of municipality.
12. NOTICE TO CONTRACTORS
The residence or place of business given in the bid upon which this contract is
based is hereby designated to be the place where all notices, letters, and other
communications shall be served, mailed or delivered by municipality. 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 Stated Post Office Department shall be deemed sufficient service thereof upon
the Contractor, and the date of mailing shall be 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.
28
13. BANKRUPTCY OR INSOLVENCY OF CONTRACTOR
Should the Contractor be declared insolvent or bankrupt, such adjudications of the
insolvency or bankruptcy may be construed by the municipality as a default under this
contract and each and every remedy hereinabove provided for.
14. BREACH
A. In the event Contractor fails to perform any of its obligations under its bid
and this contract and such failure is not corrected by Contractor within
fifteen (15) days of municipality's written notice to Contract:
Municipality may declare this contract terminated and thereupon,
Contractor shall be liable to municipality for any excess costs incurred by
municipality during the balance of the tern of this contract for
performance of the services Contractor was to have provided.
B. If municipality fails to perform its obligation under this contract and such
failure is not corrected within fifteen (15) days of Contractor's written
notice thereof to municipality, Contractor may declare this contract
terminated and may pursue any other remedy at law or in equity.
C. If the Successful Bidder shall fail to perform any part of the work called
for in this Contract in accordance with the terns thereof and the Board of
Supervisors decides not to cancel and terminate this Contract as provided
in previous clause, the Board of Supervisors shall have the power and is
hereby authorized to perform or cause or procure to be performed such
part of the work as the Successful Bidder shall fail to perform at the
expense of the Successful Bidder and to deduct such expenses and collect
the cost of same out of the Bond filed by the Successful Bidder, in any
legal proceedings, or any loss by reason thereof or both, at the sole option
of the Township.
15. COMPLIANCE WITH LAWS AND REGULATIONS
Contractor agrees that, in performance of work and services under this contract,
Contractor will comply with all federal, state and local laws and regulations now in
effect, 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.
16. WAIVER
A waiver of any breach of any provision of this contract shall not constitute or operate as
a waiver of any other breach of such provision or of any other provisions, nor shall any
29
failure to enforce any provision hereof operate as a waiver of such provisions or of any
other provision.
17. LAW TO GOVERN
This contract is entered into and is to be performed in the Commonwealth of
Pennsylvania. Municipality and Contractor agree that the law of the Commonwealth of
Pennsylvania shall govern the rights, obligations, duties, and liabilities of the parties to
this contract and shall govern the interpretation of this contract.
18. ASSIGNMENT
Neither this contract nor any portion, nor any of the proceeds thereunder, may be
assigned by Contractor to any person, fine or corporation except upon the prior written
consent and approval of the municipality.
19. PREPARATION OF RECYCLABLES
Contractor shall not be required to collect any recyclables which do not meet the
following specifications. Paper must either be tied in bundles of no more than forty (40)
pounds with twine or string or bagged in paper bags. Aluminum, bimetallic, and glass
must be thoroughly rinsed, caps removed, and placed together in a container as specified
in Exhibit 1 attached hereto.
20. FORCE MAJEURE
Contractor's obligations hereunder shall not be subject to conditions and events
beyond contractor's control, including but not limited to acts of God, weather, strikes,
accident, fire, flood and changes in governmental requirements.
30
EXHIBIT 1
Containers
Logo for recycling container is as follows:
R SPRING iOWNgHIP
WE RECYCLE
Note: Color of bin to be determined by the Township.
31
EXHIBIT 2
SAMPLE
SILVER SPRING TOWNSHIP
MONTHLY RECYCLING REPORT
Month of 20
1
2.
3
Recyclables Pounds Collected
Newspaper lbs.
Glass lbs.
Name of Contractor
Service Performed
Area #1 - Customers Serviced
Area #2 - Customers Serviced
Area #3 - Customers Serviced
Area #4 - Customers Serviced
Total - Customers Serviced
Recyclables Information
Aluminum lbs.
Steel/Bimetallic lbs.
Plastics lbs.
lbs.
Total Recyclables lbs.
4. Total Non-Recyclables Collected lbs./tons
* Please attach all weight receipts where possible to verify the amounts collected.
32
I, the undersigned, hereby certify that all the information on this Report is accurate to the
best of my knowledge.
Type or Print Name of
Authorized Representative
Signature
Date
33
MINIMUM INSURANCE REQUIREMENTS
Worker's Compensation including Occupational Disease and Employer's
Liability Insurance.
A. Statutory - Amounts and coverage as required by Worker's Compensation
Laws of the Commonwealth of Pennsylvania.
B. Employer's Liability - At least $100,000 each accident; $500,000
aggregate.
2. Public Liability including coverage for direct operations, sublet work, elevators,
contractual liability and completed operations with limits not less than those
stated below:
A. Bodily Injury Liability - Including Personal Injuries
$1,000,000 each person
$5,000,000 each occurrence
B. Property Damage Liability
$1,000,000 each occurrence
$5,000,000 each aggregate
C. Township shall be named as additional insured
Regarding Personal Injury - Written on a non-participating basis (with no
participation by insured).
Regarding Property Damage - Including Broad Form Property Damage - Remove
"XCLT" Exclusions (explosion, collapse underground property damage).
Regarding Completed Operations Liability - Continue coverage in force for two
years after completion of work.
Comprehensive Automobile Liability Insurance including coverage for owned,
non-owned, and hired vehicles with limits not less than those stated below.
A. Bodily Injury Liability
$1,000,000 each person
$5,000,000 each occurrence
B. Property Damage Liability
$1,000,000 each occurrence
C. • Township shall be named as additional insured.
34
4. Owner's Contingent Liability (Owner's Protective)
A. Personal Injury
$1,000,000 each person
$2,000,000 each occurrence
B. Property Damage
$1,000,000 each occurrence
$2,000,000 each aggregate
5. Excess or Umbrella Policy in the amount of at least $1,000,000.
6. Environmental Protection Insurance - $5,000,000.
Policies and insurers shall be subject to approval of the Board of Supervisors.
35
QUESTIONNAIRE
(IIAPORTANT - Each bidder must fully and completely fill out and answer this
questionnaire).
1. Methods to be used in disposing of the material:
Trash and Recycling Material will be collected in modern sealed compaction
trucks and transported to Modern Landfill for trash and Recycle America
for recycling.
2. Precise location of plant or disposal area:
Both sites are located in Windsor and Lower Windsor=ToNaa'sh#ps
on Mount Pisgah Road York County.
Approximate acreage:
See Attached information.
Improvements thereon:
See attached information
Whether owned or leased:
See attached information
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 collection, treating and disposal of
material (set forth in detail):
See attached information
36
4. Equipment proposed to be used for the collection of material:
Number of Vehicles: 1-2 Trash and 1-2 Recycling, depending on volumes.
Description of Vehicles:
Year Model Chassis Make of Bodv Capacity Condition Location
We have an extensive equipment list and the equipment utilized can be switched
or chnged for various reasons at any time. We have included a complete equipment
cover list to this requirement. We plan on keeping the same equipment on this job .
that is currently being used for trash and recycling collection, but. this could
change based on the reasons sited. SEE ATTACHED YORK FLEET listing.
5. Experience in the collection and disposal of municipal solid waste and
recyclables. How many years have you engaged in the business of collecting and
disposing of this material?
17
What municipal contracts, similar to this have you had within the last ten (10)
years?
Name of Municipality Date of Contract Term of Contract
SEE ATTACHED LIST
6. Have you ever defaulted in any contract held by you?
Yes No No If so, give details.
37
7. Are there any unsatisfied judgments entered against you?
Yes No xx If so, give details.
8. List of DEP approved disposal sites to be used by Contractor.
Name of Site Location Current Charges
Modern Landfill York RA $29.00 per ton
9. Give name and address of Surety Company which has agreed to act as surety on
your bond should the contract be awarded to you.
Willis Corroon Corp of South Carolina 75 Beattie Place Ste 601 29601
P 0 Box 2007 Greenville SC 29602 utilizing Travelers Casualty
and surety Company of America
10. List below the names and address of Surety Companies which have heretofore
bonded you on municipal contracts.
Same As Above
38
11. Give address and telephone number of local office. If none now exists, indicate
proposed location and name of staff personnel in charge. Also list office hours
and personal phone number of bidder.
Office located at 3730 Sandhurst Drive York Pa 17402
Phone 1-800-210-9675. Hrs 0700 to 530 PM daily M-F .
Contacts- Ralph Amato Municipal Manager 717-770-2546
Jon Yinger General Manager 717-779-2525
12. Give name and title of person to contact.
Ralph Amato Municipal Manager for Contract issues.
Customer Service for Service related issues.
13. Toll-free telephone number to be used by Township residents
14. Emergency telephone number to be used by Township officials.
1-800-210-9675 24 hr emergency service
15. Attach hereto a full and complete statement under notarized oath of financial
operating statement for a period of twelve (12) months last proceeding the month
in which this bid is submitted.
We have the 2001 Annual Report which was printed and distributed
in March of 2002 attached. Additional lstgtr 2002 info is just being
finalized and can be supplied if deemed necessary. We have also changed
auditors from Aurther Andersen to Ernst and Young.
39
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 annexed
proposal.
07/23/02 Republic Services of Pa. LLC d/b/a York Waste Disposal
Date Company
Jon Yinger personally appeared before me this 23 rd
day of July . A.D., 2Q!2-, being duly swom according to law.
/1? t1a tary Public
rge Coug n
Notarial Seal
George J. Coughlin, Notary Public
York, York County
My Commission Expires Dec. 6, 2004
Member, Pennsylvania Assoaation a Notaries
40
BID FOR COLLECTION AND DISPOSAL
OF MUNICIPAL SOLID WASTE, COLLECTION
OF RECYCLABLE MATERIALS, AND
OTHER SERVICES
Date 07/24/02
To the Board of Supervisors of Silver Spring Township
Township Municipal Building, 6475 Carlisle Pike
Mechanicsburg, PA 17050
Supervisors:
The undersigned having read the Legal Notice, General Stipulations, Information
to Bidders, Specifications and Specifications for Collection and Disposal of Municipal
Solid Waste, Collection of Recyclable Materials, and Other Services, hereby proposes to
fiumish all labor, material and equipment to collect and dispose of all municipal solid
waste and recyclable materials collected within the corporate limits of the Township of
Silver Spring, as it presently exists, pursuant to and in strict and full compliance with the
General Stipulations, Information for Bidders, Specifications, Specifications for
Collection and Disposal of Municipal Solid Waste, Collection of Recyclable Materials,
and Other Services, and Questionnaire, hereto annexed and, by this reference, made a
part of this bid, for a period of three (3) years beginning October 1, 2002 as follows:
Bid: for a monthly rate of $ 10.24 per unit not including $1 Twq fee.
per residential establishment for collection once a week of municipal solid
waste for the entire contract period, recyclable materials once a week for
the entire contract period, and one clean-up week per contract year for the
entire contract period where Contractor bills and collects said monthly
rate.
Alternate: fora monthly rate of $ 10.24 per unit not including $1 Twp. Fee.
per residential establishment for collection once a week of municipal solid
waste for the entire contract period, recyclable materials once a week for
the entire contract period, and one bulk item pick-up once a week for the
entire contract period where Contractor bills and collects said monthly
rate.
41
Accompanying this proposal are the following:
A. Certified check payable to the order of the Township of Silver Spring for
$ -i 000 00- for bid security.
B. A full and complete statement under oath of the bidder's financial
condition.
C. One set of general plans and specifications and the other information
required pursuant to paragraph 5 of the General Stipulations and
Information for Bidders and the Questionnaire.
(If the bidder is a partnership, all partners must sign.)
Witness:
(SEAL)
(SEAL)
(If bidder is a Corporation)
ATTEST: Republic Services of Pa. LLC D/B/A York Waste Disposal
(corporate seal) NAME
(Assis t) Secre (Vi es e t
George Coughlin n Yi r e 1' Manager
Corporate Resolution Attached aslAuthoriz on o for the corporation.
42
LANDFILL, TRANSFER STATION OR PROCESSING FACILITY AFFIDAVIT
In accordance with Page 26, Paragraph 7, we Republic Services of PA LLC
d/b/a York Waste Disposal
(bidder's name) affirm that we will comply with the
Cumberland County Municipal Waste Management Plan.
3/O 7-
i
deorp. J? Yom C'Notary Public ounty
My Commleslon Expires Dec. s, 2004
Jwrj f, Fwmyhoft A530COM of Notaries
43
RESOLUTION 97-14
Whereas the Township provides residential trash collection service and incurs
administrative expenses in providing such services; and
Whereas the Board of Supervisors has determined that an administrative service fee shall
be imposed upon residential customers of the trash service in order to equitably apportion the
expenses;
Now, therefore it is hereby resolved that an administrative service fee is hereby imposed at
the rate of $1.00 per residential customer per quarter and shall be collected by the trash collecting
contractor and shall be remitted on a quarterly basis to the Township when collected.
ADOPTED this 27" day of August, 1997.
Chairman
ATTEST:
Township Secretary
(Township Seal)
44
FORM OF AGREEMENT
THIS AGREEMENT, made this day of
2002 between (hereinafter called
"Contractor"), party of the first part, and THE TOWNSHIP OF SILVER SPRING,
CUMBERLAND COUNTY, PENNSYLVANIA, (hereinafter called "Township"), party
of the second part.
W=SSETH THAT, the Contractor hereby promises and agrees to and with the
Township to famish all labor, material and equipment and to collect and dispose of all
municipal solid waste and recyclable materials from residential establishments within the
corporate limits of the Township of Silver Spring as at present existing to the satisfaction
and acceptance of the Board of Supervisors of the Township of Silver Spring for a full
term of three (3) years with the option of an additional two (2) year period, beginning
and ending
pursuant to
and in strict and full compliance with the Notice, General Stipulations and Instructions
for Bidders, Specifications, Specifications for Collection and Disposal of Municipal Solid
Waste, Collection of Recyclable Materials, and Other Services, Questionnaire and Bid,
all of which by this reference are hereby made a part of this Agreement as fully and with
the same force and effect as though herein set forth in full, being for unlimited number of
containers, plastic bags and bundles of the authorized size and weight for pick-up at the
curb or next to the paved portions of the roadway, for
For Collection and Disposal of Municipal Solid Waste, Collection of Recyclable
Materials, and Other Services, the monthly rate shall be $ for the full
term of years, beginning
fee.)
and ending
(This rate does not include the administrative service
45
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
WITNESS:
(If a Corporation)
Attest:
(Corporate Seal)
Name
By
Secretary
(SEAL)
(SEAL)
(SEAL)
President
Attest:
(Township Seal) SILVER SPRING TOWNSHIP
Secretary
By:
Chairman
46
BOND
KNOW ALL MEN BY THESE PRESENTS THAT
as Principal, and
as Surety, are held and firmly bound unto the
TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, in the just and
full sum of
($ ) Dollars, lawful money
of the United States of America, to be paid to the Township of Silver Spring, its certain
attorney or assigns; to which payment, well and truly to be made, we do bind ourselves,
our heirs, personal representatives, successors and assigns, and every of them, jointly and
severally, firmly by these presents.
SEALED with our seals and dated this day of
20
WHEREAS, the said Principal on the day of
20 , entered into a certain written contract to
collect and dispose of municipal solid waste and recyclable materials in said Township
for the term of years from
to
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall well and faithfully carry out and perform all and singular
the promises, agreements, stipulations, undertakings and covenants contained in said
written contract and the General Stipulations and Information for Bidders, Specifications,
Specifications for Collection and Disposal of Municipal Solid Waste, Collection of
Recyclable Materials, and Other Services, Questionnaire and Bid thereto attached shall
not break or violate any thereof, and shall also save and hold harmless the said Township
of Silver Spring of and from all liens, charges, costs, expenses, damages, injury of loss to
which the said Township of Silver Spring may be subjected by reason of any
wrongdoing, misconduct, want of care, of skill, negligence or default upon the part of the
principal Contractor, his agents or employees in or about the execution or performance of
the contract, and shall save and keep said Township of Silver Spring against and from all
claims or losses to it from any cause whatever, including patent infringements, in the
47
matter of completing said contract, then the above obligation to be void, or else to be and
remain in full force and virtue.
Signed, sealed and delivered in the presence of:
As to Surety:
48
(SEAL)
(SEAL)
(SEAL)
(SEAL)
QWAT YO u p`
Berkshire Business Park DIRK Phone: 800/210-9675
3730 Sandhurst Drive Fax: 717/779-2518
York, PA 17402 York: 717/845-1557
Mailing Address:
P.O. Box 1401
York, PA 17405-1401
07/23/02
Silver Spring Township
6474 Carlisle Pike
Mechanicsburg, PA 17050
Lancaster: 717/581-8383
This certification is being written as requested in your Bid Specifications to certify as to
the questions on the disposal area.
All waste will be transported to Modem Landfill in York County Pa. Modem is a sister
company of York Waste Disposal as we both have the Parent Company, Republic
Services of Pa. LLC. Enclosed is a letter from Modern Landfill stating that we have an
agreement to provide disposal space for Middlesex Township and that Modem is an
approved site and part of Cumberland County Plan. Modem is permitted to accept 5000
tons of waste per day and has a life of 15 to 25 years.
We also certify that we (Both York Waste and Modem Landfill) will abide by all
ordinances, rules and regulations of any municipality, providing for making available
landfill or other disposal facilities, and of any other government unit having jurisdiction
thereof.
We will be happy to provide any additional information or a tour of Modem Landfill if
the Township deems it necessary.
This statement is sworn and certified as true and accurate.
Notarial Seal L?
George J. Coughlin, Notary Public
York, York County
My Commission Expires Dec. 6, 2004
Member, Pennsylvania Association of Notaries
SERVING PENNSYLVANIA
VAMMU ANOWAS
A a8tM OF MOM MAN1mMMINT
Pwn wd - Rlam OMM
=Wars WIY
Lansaw, PA ITM
Phww M7) wow
Foc (717) le4*110
Novmnbar30,2001
W. Jon Yk w
Yak Walla Dspaal, Ins.
111011" Prkrsas tlheet
York PA 17403
Dar Jon,
York WuM Disposal, tnn, Y pamMltad to, and mnikmmaes to,1ip mWdabk matmlale fYOm ary Township
or bao4 n CwA*. TNs my has been available for the last Several hems, ku*Xkv 2001
and 2np2.?fbr#md to savkdrq York Wasts Disposal, Iran and Yak COurdy, for mmry yews.
Rids "MOM
Raplm Reoydn0 Mammpsr-PefMtsylvarrk
Recycle America - a service of Wata Marwoomaa
?'L,? Modern Landfill
4400 Mt. Pisgah Road
v? York, PA 17402-8240
Phone: 717-246-2686
Fax: 717-244-5588
December 13, 2001
Upper Allen Township
100 Gettysburg Pike
Mechanicsburg, Pennsylvania 17055
Re: Municipal Waste Disposal
To Whom it May Concern:
Thank you for your consideration of Modem Landfill for disposal of municipal
solid waste from the Upper Allen Township, Cumberland County, Pennsylvania.
Please accept this letter as confirmation that Modern Landfill is a Pennsylvania
permitted facility and has the necessary authorization and approvals to accept for
disposal municipal solid waste from your township. Modern Landfill has an
agreement with York Waste Disposal for waste disposal and the available
airspace for acceptance of your waste.
Again, thank you for your interest in Modem Landfill and should you have any
questions regarding this matter, please feel free to contact me at 717-246-4640.
James Kuhn
Special Waste Coordinator
REPUBLIC
SERVICES, INC. ® Printed on Recycled Paper Excellence in Actionl
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Fast Facts I
Landfill Operations
The property today 1 ,u:c:, as Nludcnt Landfill was originally used for iron ore mtrung m .
the 1940's. Later; the proper,:; was used by local fam:ers for open-pit wastc disposal. Republic Sen'-
ices, Inc. acquired modern Landfill in 1999.
A[ present, Modem Landfill is comprised of 16 acres. 227 of which are permitted for land-
fill •!sposal b} the Perrsvjvania Departrnent of Environmental Protection (PAD£P). Of tWs
amommt, 96-acres ate capped. Current permits allot: i\fodem to accept 5000 tons of solid Haste each
day., Approximately 300 trucks e,,^::e: the landfill daily deposiring an average :400 tons of solid
`caste. Acceptable waste streams include municipal solid waste, residual solid waste, industrial
wastes, sludges. ash and constructionldemoltnun waste. Municipal waste consists of household
trash. Residual waste is waste resulting from an industrial process such as the making of china and
dishware.
Each truck entering the landfill must first stop at our Scale House. Documentation is col-
lected as to the waste generator, the ,pe of waste on the truck, and the total wei_ht of the load. Four
video cameras record each transaction and, along with the scalchouse computer prop am, track each
load of waste to.a disposal grid system. Togetherr, these tools allow Modem to track where each
load of waste is disposed each day.
The Scalehouse n'eighmas er directs the toad [o the daily working face. The worming faca
or disposal area of the landfill. consists of small units or "cells." A disposal cell begins frith a clay
base of approximately 6 inches. 'Next. rnuiti-laves of synthetic materials. high density polyethylene
(HDPBi and geomembrane materials are placed on top the clay. The liner consists of these materials,
each with a specific role in the overall liner desim [For more information an landfill liner systems,
please refer to fast Facts 2; Liner System.)
In addition to the liner system, a water and leachate collection system is installed to collect
and process liquids from within the disposal area. At Modern there are more than 86 groundwater
monitoring points. Lea-hate crater is touted to an on-site waste water trcatrnent plant where the vola-
tile organic compounds can be collected, processed and treated. The analysis and monitoring of
these wells costs Modem Landfill an estimated 9l million each year.
One of the more recognized features of \-lodern Landfill is the Landfill Gas Flare. Landfill
gas is the result of the natural decomposition of solid waste. The gas is collected through 117 gas
wells located throughout the landfill and channeled to an enclosed gas flare where about 60 percent
it is burned off at a temperature of approximately 1600 degrees. This incineration process allows
more than 99x.5 of all volatile organic compounds to be burned off before the gas is released in to the
atmosphere. The remaining landfill gas is directed to an on-site waste-to-energy plant where it is
convened to electricity. (For more information an the gas-to-electricity process, please see Fast
Fact 7, Modem Power.)
If you would like to tour Modem. Landfill and Recycling, or would like more information
about solid waste landfill disposal and recycling- please call 717-246-2686 or write us at 4400.ML
Pisgah Road, York, PA 17402.
Printed On Recycled Parer
rani Facts
deice L a,??,'
o et` ?
Landfill Liner System
tLndfilj liner systeau allow for the prote.ron of natural resources from solid Niaste.
-ks parr of the off--call desi,^__L ^i modem sanitary landfills. a I_.ei system works to encapsulate
solid ti? rite iron: the _roand`vater below. This allows the waste to remain in place and slows
the decomposition rate. The graphic beloir is a typical land-fill tins system and its compo-
!!ent5. .
For more information on liner systems, or to tour imoaem Lananu, plcaa ?o++
717-246-2686 or write to 4400 IvIt. Pisgah Road, York, PA 17,402-
` Printed On Recycled PeDer
I ?
Fast Facts J
0
`V Superfund
when Waste \tana_entent, tnc. acquired Modern Landfill in 1951, it was known that
the existin= 645-acre landtil l .vas being monitored by the United States Environmental Protec-
tion Agency (USEPA) for Superftnd classification on the National Priorities List (NPL). At
issue was groundwater contamination in the unlined disposal area which produced low-level
volatile organics. Waste Management purchased the property and immediately began imple-
menting plans for clean-up or remediation of the site.
Modern Landfill was placed on the NPL in 1996. From 1937-1990, a Remediation
investieatioa and Feasibility Study (RITS) was conducted by. Modem Landfill for the
USEPA which determined site characteristics and corrective action plans. [ncluded in this
study was a site-history, geologic make-up, and environmental overview of the landfill. The
RPFS featured several corrective action plans from which the USEPA could determine the
most efficient and expedient remediation process.
The USEPA reviewed the study and issued a Record of Decision (ROD) outlining the
approved remediation course of action. Modem Landfill was directed to do the following:
• Install a capping system over the 66-acre portion of the landfill.
• Install methane gas collection wells-
Construct an on-site Waste Water Treatment Plant to collect the contaminated .
_eroundwater and leachate.
• Install groundwater extraction wells.
Once the ROD was approved, the USEPA issued a Consent Decree which gave Mod-
ern, Landfill the authority to becin implementing the corrective action steps outlined in the
ROD. At present, all but 4 acres of the original 66-acre landfilt have been capped and there'
are 23 groundwater extraction wells and 14 assessment wells within the area. Together, these
wells extract 7 million gallons of groundwater each month
Modern Landfill has spent approximately S20 million to implement environmental .
initiatives on-site. Modem Landfill was considered a unique facility in that the Pennsylvania
Department of Envirotunental Protection granted permits for expansion beyond the 66-acre
disposal area with the Superfund decree in effect. This made Modem one of the first operat-
ing Superfund sites in Pennsylvania.
If you would like to tour Modem Landfill, or would like more information about
solid waste landfill disposal and recycling, please call 717-246-2636 or write us at 4400 Mt.
Pisgah Road, York, PA 17402.
pnared Orr Req-ded Paper
Fast Facts 4
?ecn f e-h
???°anCe ?400 'berms and Definitions
' The tollowing reins are used to describe daily operations and re_uiatory requires :at-s for solid waste
landfill disposal i.1 Pennsylvania as defined in Peonsylvania Corrode Title 25, Environmental Resources, Chap-
tors _'71-235. -v:unicipal Waste Rep lations. `
{erobte: Wide Oxvgeit present
Anaerobic: With oxygen absent
Biunetal Can: A can made imm two or more metals, generally steel and aluminum.
Closure Plan: A closure plan for municipal waste landfills detailing how the operator plans to close in a man-
ner that will protect Public health, safety and the environment
Construction.Dzmolition Waste: Solid waste resulting from the construction or demolition of buildings and
other structures. Can include wood, plaster, metals, asphaltic substances, brick, block and unsegregated con-
crete. The term does not include:
• Uncontaminated solid, rack, store, gravel, unused brick and block and concrete.
Waste from land clearing, grubbing and excavation, including trees, brash. stumps and vegetative material.
Dirposal Area: The part of the site where disposal is occurring or will occur. (This is also cottrnonly referred
to as the °working face.-)
Ferrous: Iron based prodacs, including steel.
Fee Liquids: Liquids which readily separate fro-n the solid portion of waste under ambient tetretantre and
Pressure. -
Groundwater: Water beneath the surface of the ground that exists in a zone of saturation.
Hazardotes Waste: Materials which, because of its quantity. concentration of physical chemical or infectious
characteristics may do one of the following:
• Cause or significantly contribute to an increase in mortality or increase in morbidity in either an individual
or the total population.
• Pose a substantial present or potential hazard to human health or the environment %%hen improperly treated,
stored, transported, disposed of or otherwise managed.
HDPE: High density polyethylene. A polytns, cozuntonly used as plastic gallon milk jugs.
Incinerator. An enclosed devise using controlled combustion for the primary purpose of thermally breaking
down solid waste.
Leachare: A liquid that has permeated through or drained from solid waste.
(Continued on pert Page)
rtC:. l=i.f rS: -•? :?_i:e C:a. a.,^u::ii LT._ :;q u: L as ;utter 11-u "s
i
Cs.i. 3
de-srrihe3 tt thz EPA', "Test aethods fer Et a! oaring Solid Waste. PhYs:i ._i'i:hcrai_al \le:hodi - i EPA ?UnEzz-
tica:•:o. S'•:--315)
:l!x=ur. Volume: The inaxinruzt ,±:,ilt• t-olm-= rh:r is pe.-:it;?1 to be 7-
C4 for disposal ar the
facilin• on an one:lrcng &y.
Garbage, r:fuse iadtstria d
^ ;e 1, oer.. ' otn;e rase act of*?: maiedal, ro-ulriiz ?orrt ^
Cr?tip.^. of msidertial, :nl:.^..•-'1Dai..A.:;;LC,..31 or mast :uuo.^.ai eszablise Tents and JT zom- umm, :1tlt:K; and
roil-residential cr hazardou siudz-- was.c. .
f -tc ml 11""c :r Lam r"t?f: A fac;;i:-y usiaz lacd ',at disposimg of .^.iuOicipai waste.
Pena- A perc:cr issued by the Peparanent to operate a numicipal waste disposal or processing faciiir. The
rerm-mcludcs a pertrdt modification, pc,-,n:4 reissuance and peardt renewal.
ET: Po'.yethyieee t-rephthalate. A oolyrner of ethylene sad phihaGe acid. Used for making plastic sot. drink
bonles.
2esiduat Mate: Garbage, refuse, otter discarded material or other waste, includiag solid, liquid, semi-solid or
con aired gaseous e_atenals resulting from industrial, midne sad a¢rcultural operations; sludge fpm indus-
trial, mining or agrcultural operations; and sludge from an industrial, mining or agriculnwal water supply : rai-
ment facility, waste water treannem faciLty or air poLution control facility, if it is not hazardous.
Sewc.e Shi.?-. The Coarse screening, gi. and de-we-red o: air-dried sledges, s:pri- and holding mak p=p-
ing and other residues t:om municipa! and residenrial seA age culle-dan and -tanreat sysi-nis.
Saiii MaVe: 1la5te, i.a?adirg, but nor li_*lte3 ta, m,stici;-,L res`duai rr hazardous wastes, including solid..
ligWCL. sernisnlid or ,ontained gaseous ra.atenals.
Sacir•.f i?anding Waste: Solid :caste that requires ttc acplication of spe,'al storage, coilecdon, trmnsporation,
pffiees+i:.$ o: di-posal tecrmiques due to the q+oarain of ca;.^tis[ _ererat-i or its unique phti;i:a? chenical or
biological characteristics.
If you would like to tour Modern Landfill, or would like more ir=oratation about solid waste landfill
disposal and recyciin„ please call 717-246-26M or aTite to 4400 \3:. Pisgah Road, Fork, PA 17403.
`:J Printed On ke:;e:edPaper
.,rr _
L.? Fasi facts
^
?
.: " Landfill Permits
Ri:rli n a state-of-ilic- n 13nd1 i1 that is er,-,'ironm-_ra_-Ilk' sound rl-quires the coopcra-
roa cines for safe operu-
of 11odern Landfill and f_deral, state, and. ?ocal gotemmen s. Gui i
,ion have been established through permits that ooeem all aspects'of landfill operations. The
foih•t?eg is a sumarary of the major regulatory permits which Nloderi Landfill has been is-
sued.
Reguiatury Agency Pernut Description
PADEP Noaha»sr Ooeratin__ Petmi. Authorization to cots ruct and op-
erate a solid waste Landfill. In-
eludes operating requirements,
caste acceptance policies and re-
porn.-procedure;.
PADFP Residual Waste Permit Autherizes the acceptance for dis-
posal of certain special residual
waSIe streams to include sludges,
chemical wastes and industrial
equipmenfs.
t-.DE. N. DES Au.hortza"c to discharg= ireaxd
-.'paste water into local tributary.
Includes -.rater qualit- specirca-
iions and guidelines.
PADEP Aeration TowerPtrriw authorizes and regulates the land-
fill gas management system and
flare. Includes emission standards.
notification guidelines and opera-
tion requirements.
PADEP Dim Permit authorization to construct, operate,
and maintain a sedimentation pond
darn. Includes requirements fors,
upkeep and maintenance of the
dam.
While these permits address specific areas of landfill disposal, there are numerous ad-
ditional regulatory requirements that effectively address all aspects of operations.
If you Mould like to tour Modem Landfill or would like more information on solid
waste disposal and recyclinr-g, please call 717-246-2686 or write us at 4400 Mt. Pisgah Road,
Fork. PA 17402.
11 Printed On RMrled Pape
Fast Facts t
dg<r• to
c nCe r? c Ci.'
}°E T ' com?nu?nity Outreach
Modem Landfill is committed to serving the comtnunities that border our facilities.
Working in partnership Nvith our neighbors, the county and the state, we can collectively
sere our customers and our environment best. Through negotiated benefits agreements with
host municipalities, active commtutity relations programs and financial and in-kind dona-
tions to charitable organizations, we provide a shared commitment to community growth and
development.
Modern Landfill curently has host benefit agreements with the municipalities of
Lower 'Mridsor Township and Windsor Township, York, Pennsylvania. These agreements
guarantee financial payments and in-kind donations to each municipality in addition to bene-
fits guaranteed under Pennsylvania Act to 1. Payments to both host municipalities totaled al-
most 52 million in 1998. Among the host benefits are:
• More than S2 on every ton of waste disposed-
• Free disposal of roadside debris material, as allowed trader existing permits, picked up by
the Township.
• Free Spring and Fall Clean-up plus one Fall and Spring sweeping.
• 5100,000 toward the payment of a water main to serve the Barcroft Road/Gun Club Road
area.
$100,000 for construction of a water main extension serving the Canadochiy Road area
Payment toward and maintenance costs for the East Prospect RoadlProspect Road wam-
irg lieut.
• Up to 53,600 per year for Township water hydrants
Patiment for District 1 £e llwater services for 10 years after the date or the agreement.
Modem actively supports the York County economy through purchases from local
suppliers, repair shops, and other goods and services. With about 30 full-time employees,
Modem Landfill and Recycling spends almost 1 million dollars annually in payroll.
Modem Landfill has donated millions of dollars to local charitable organizations
since 1934. Some of these agencies have included:
• American Cancer Society
• Kaltreider Memorial Library
Muddy Creek Chapter Trout Unlimited
• York County Food Bank
• East Prospect, Red Lion and Yorkana Fire Companies
• United Way of York County
York County Science and Engineering Fair
York Newspaper Company Newspapers In Education Program
(Continued on N_Tt Page)
C..IlliiaU, Ol...,"a 11
,.?. - I,1UOr PosC•• ttlat ial7?es ?!tli?:=3 tJ iJL'.r UPS: ,acil:ties C.7 1,Zit ou' C:nCei an; -
its "i-toer, Oi CUi/Ce. a_ses. rll 1`991, mort than one thOlls:ad L1tor5 tolM:? 'OUr Sit'! Oi
a°.-••nz! L to learn-nxc.. about, Immditll and Mot-m anlilt 1IzJ
t_.+ proZi T.is
di '.
jtributes"Foci's On Nfodenl, a cornnitini:y nexvsleuc, gists bu-ed -o, ice a y--ar to 110re ih'all.
1:3,000 horses. Modem has an active Speaker's Bureau that provides staff for presentations ie
.nte7:sted _roups. in addition. Mode-1.11 lusts a bi-1n^L`ai conu'ntinii_ da where local iCSltt:ni4
are enconclaed to Visit the laudiiii for day of tli•.I and iol .)r inwioa hosted by iandlltl eninloyezs.
Modern Lan'=fill is. a proud patine: our local co;Tunu-^_tties. Our £oai is to provide saf=.
en- irovi:nentalliv sound disposal of solid wz_te and recyclables. Through information and coln-
munity outreach, we hope to provide a f.nwidation for communica Tion and support among out-
Setves Wind the conurr unities we serve.
If you would L•i;e to tour 3lodern Lan d"l, or would lire ^::T•_ inio^Ti1t:••.u jb,-Lt solid
-vast,.: landfill disposal and recwline. please call i 17-:246-2696 or write us at 110.0 "Mt. Pisgah
NO
Road. York. PA i ,4v_.
r Printer.' on Rr ycled Pcorr
Fast Facts 7
p?0ncc !n fi-oF_
s y 4c,
Modern Power
From Trash, to Gas,
to Electricity
{f„dern Power is the result of
an environmental partnership between
Modern Landfill, Caterpillar and Stew-
art and March. Inc. The facility was
dedicated August 8, 1998.
modern Power utilizes landfill
gas, created through the decomposition
o: solid waste, to produce electricity-
Modern Landfill has an active
Qas extraction systen consisting of in-
dividual gas collection wells which fa-
cilitate re-
moval of the
Facili •, the purified gas is directed
tO three COItt-
pressor units
where the gas
pressure is in-
creased
55PSI.
dense
gas is
to
The GasFiltratioaURIL
landfill
then
routed to three 4230 horsepower Cat-
erpillar reciprocating engines and
utilized
at filet.
Electric-
ity is cre-
ated by
generators
connected
to each of
gas from the Gu Compressor UnlL
waste. Each
well is con-
netted to one
A landfill gas collection well. of several
header pipes
installed
around the
site. Prior to the landfill gas entering
the plant, it is filtered to remove any
unwanted particulates such as moisture
or din as shown at right. Once inside
the engines. Step-up transformers
increase the voltage created by the
generators to
13,200 volts,
and the elec-
tricity is sent
to a power Caterpillar Redproeadag
grid Eoglae.
.
By utilizing landfill gas to create
electricity, Modem Landfill has satis-
Pied t
electrica
needs fo
t h
10,0001ocal homes per year equivalen
can be given elecMcltp from of 10,00(
Madero Power.
1 o c a
homes on a daily basis while savill.
approximately 133,000 barrels of o'
each ,,car. Afodern Potter will als
sarisfy the energy needs of Mader
Landfill's on-site waste water trea
ment facility and the power plant i
self.
To Learn More
If you would like more in-
formation on landfill gas-to-energy
programs, or schedule a tour of
Modern Power, please contact Mod-
em Landfill at 717-246-2686. You
can also contact the United States
Environmental Protection Agency
Landfill Methane Outreach Prog arr
at 1-888-782-7937.
6. . Primed On Re*KIed Paper
e{n--La Fast Facts 8
o $rce h o;
WX? Landfill Careers
Modem Landfill employs about 30 full-time staff in a variety of positions. Educa-
tional requirements are as varied as the positions themselves.
Key Staff
• General Manager: Responsible for oversight of all operations, financial reports and
staffing matters. Supervises Controller, Operations Manager, Engineer, Community Re-
lations Coordinator and administrative staff. Also provides site operational information
to corporate management.
Controller: Responsible for all reports pertaining to financial matters including budgets,
state regulatory reports, payroll and accounts payable.
• Operations Manager: Oversees the day-to-day waste disposal operations. Responsible
for site maintenance and equipment, including aesthetics and overall appearance.
• Engineer: Responsible for landfill design and regulatory compliance. Duties include.
landfill cell construction and ongoing oversight of compliance to federal, state and local
regulations. Also serves as a liaison between landfill and regulatory agencies.
• Community Relations Coordinator: Responsible for all aspects of landfill communi-.
cation with key stakeholders, including regulators, customers and the local community.
Duties include writing information pieces, responding to citizen comments, media rela-
tions and information outreach.
Other positions at Modem Landfill include operators, laborers and administrative
staff. These personnel perform construction related activities and day-to-day administrative
functions.
Educational Requirements
Management level positions usually require a Bachelor's degree or greater, with prior
experience in the solid waste industry.
Administrative positions are enhanced with formal training, however work experience.
can be substituted for a formal degree.
Operators and Laborers should have previous work experience with heavy equipment,,
however on-the-job training can be provided.
For more information about a career in the solid waste industry, please contact Mod-
ern Landfill at 717-246-2686 or write to 4400 Mt. Pisgah Road, York, PA 17402.
(5 Printed Or. Periled Paper
n .L Fast Facts 9
„e` ?^ -
??\gr m Trash Volumes
Modern landfill technology provides a safe, environmentally sound resource for the
disposal of our solid waste. Each -and every one of us produces trash in our daily activities.
To demonstrate the volume of trash produced locally and statewide, we've gathered some
facts, based on the 1995-96 Pennsylvania Department of Environmental Protection Act 101
Armual,Report.
If you vrould tike more information on solid waste management or recycling, please
contact Modern Landfill at 717-246-2636.
The average person in Pennsylvania produces 4.4 pounds of
trash per day. The average York county resident produces 6.1 pounds
of trash per day-
The average family of four in Pennsylvania produces 17.6 pounds of
trash per day while the average family of 4 in York County produces 23.4
pounds of cash per day.
IL r The people of York County, population 386,000 produce
.1 j 1 i 2,354,600 pounds of trash each day.
In one year a family of four in Pennsylvania will produc
6424 pounds of trash. Taking the weight of an avenge car which i
3000 pounds, that same Pennsylvania family will throw away enoug
trash to equal the weight of 2 cars per year. The same family in Yot
County will throw enough trash away to equal three cars in one
year.
York County will produce enough garbage in one day to
equal the weight of 785 cars.
(Coat hued on Nerr Page)
It would take a famly of four in Pennsyhan a T
years w fill Pens State's Beaver Stadium one-foor high with
L•asb. lint same fanuly in Fork County wvuid rake 55 }ears.
It :mould only take York Counrv residents one day
t, nil Beaver Stadium 4% toot high witb garbage.
in one year. York County •xiii prod,-; a colunct of
garbage with the size of a football field and 1612.5 feet high.
This is higher than the World Trade,Center is New York Cin'
and the Sears Tower in Chi:ago. In just ten years, this ,ol-
umn of garbage would reach Lit moon.
An 18-wheeled truck can bold over 15 tons of dmh.
The average family of four in Pennsylvania will produce t
enough waste to fill an 18-wheeler in 4.7 years. A firmil of `' k F
four in York County will fill that same truck in 3.4 years. F =4`x` fµ+ 4
York County residents produce enough waste to fill o o ` " 0 0 o
3.25 trucks an hour or 78 bucks a day.
The United States alone produces enough trash every 104 days to fill a football field
size area to the moon. Within a year, the United States will produce enough trash to reach the
moon and back again two-and-a-half times.
( ? Printed On Recy'ded Paper
SILVER SPRING TOWNSHIP
Wayne M. Pecht, Chairman
Jackie Eakin, Vice-Chairman
Jan LeBlanc
Mary Lou Pierce-McLain
Christopher R. Latta
York Waste Disposal, Inc.
Ralph Amato, Municipal Manager
P. O. Box 1401
York, PA 17405
June 27, 2002
RE: -Invitation for Sealed Bids for the Collection and Disposal of
Municipal Solid Waste, Collection of Recyclables, and Other
Services
Dear Mr. Amato:
The above referenced, attached bid solicitation is provided for your consideration.
As noted in the document, bids will be accepted until 2:00 p.m. on Wednesday, July 24,
2002 and will be opened publicly at the municipal meeting room at that time. Bid results
will be announced by the Board of Supervisors at its meeting of the same date.
Please advise if you have any questions following your review of the Invitation
for Sealed Bids.
Thank you for your interest in providing this municipal service.
Attachment
WSC/kk
Sincerely,
'
0-
William S. Cook
Township Manager
6475 Carlisle Pike ? Mechanicsburg, PA 17050-2391 ? (717) 766-0178 ? (717) 766-1696 FAX
SILVER SPRING TOWNSHIP
Wayne M. Pecht, Chairman
Jackie Eakin, Vice-Chairman
Jan LeBlanc
Mary Lou Pierce-McLain
Christopher R. Latta
York Waste Disposal, Inc.
Attention: Mr. Ralph Amato
Municipal Manager
P. O. Box 1401
York, PA 17405
July 11, 2002
RE: Addendum #1- July 10, 2002
Invitation for Sealed Bids for the
Collection and Disposal of Municipal
Solid Waste, Collection of Recyclable
Materials, and Other Services
Dear Mr. Amato:
Please be advised that the following changes to the above referenced bid
document has been authorized by the Silver Spring Township Board of Supervisors at its
July 10, 2002 meeting:
1. Minimum Insurance Requirements
Page 34
2.A. Bodily Injury Liability - Including Personal Injuries
From $5,000,000 to $2,000,000 for each occurrence
2. Minimum Insurance Requirements
Page 34
2.B. Property Damage Liability
From $5,000,000 to $2,000,000 each aggregate
Minimum Insurance Requirements
Page 34
3.A. Bodily Injury Liability
From $5,000,000 to $2,000,000 for each occurrence
6475 Carlisle Pike ? Mechanicsburg, PA 17050-2391 ? (717) 76&0178 ? (717) 766-1696 FAX
York Waste Disposal, Inc.
July 11, 2002
Page 2
4. Minimum Insurance Requirements
Page 35
6. The requirement for Environmental Protection Insurance has been
deleted.
Receipt of this addendum shall be acknowledged and attached to the bid
submitted.
Please advise if you have any questions.
Sincerely,
Kel y K. Kelch
Assistant Township Manager
ksd
I hereby acknowledge receipt of Addendum #1 dated July 10, 2002 of the
Invitation for Sealed Bids for the Collection and Disposal of Municipal Solid Waste,
Collection of Recyclable Material, and Other Services.
07/23/02
Date
VERIFICATION
kobGv /? liJ4/??rS , deposes and says, subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, that he makes this verification by its authority and
that the facts set forth in the foregoing document are true and correct to the best of his
knowledge, information and belief.
Date: - /cml?r /3 a ?o a ?a la 1,4j,2
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ROBERT F. WALTERS : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -EQUITY
SILVER SPRING TOWNSHIP : NO. 02-4408 CIVIL
and BOARD OF SUPERVISORS
of SILVER SPRING TOWNSHIP
ORDER OF COURT
AND NOW, this 16th day of September, 2002, it is ORDERED that a
hearing on the within Petition for a Preliminary Injunction shall be conducted
in Courtroom II, Cumberland County Courthouse, Carlisle, Pennsylvania, on
Thursday, September 26, 2002, at 2:15 l:
/Kenneth L. Joel, Esquire
Rhoads & Sinon LLP
One South Market Square,
PO Box 1146
12th Floor
Harrisburg, PA 17108-1146
,,,/Steven Stine, Esquire
23 Waverly Drive
Hummelstown, PA 17036
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT F. WALTERS, NO. 02-4408
Plaintiff
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS of
SILVER SPRING TOWNSHIP,
Defendants CIVIL ACTION - EQUITY
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the enclosed, you must take action within twenty (20) days after this Petition and
notice are served by entering a written appearance personally or by attorney, and filing in
writing with the Court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so, the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE
MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Lawyer Referral Service of
The Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone No. (800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT F. WALTERS, NO. 02-4408
Plaintiff
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS of
SILVER SPRING TOWNSHIP,
Defendants CIVIL ACTION - EQUITY
PETITION FOR INTERVENTION
Penn Waste, Inc., by its undersigned attorneys, respectfully petitions this Court for leave
to intervene as a party in the above-captioned action pursuant to Pa. R.C.P. 2327(3) and 2327(4),
for the following reasons:
1. Petitioner, Penn Waste, Inc., is a Pennsylvania corporation with principal offices
located at 85 Brickyard Road, Manchester, York County, Pennsylvania ("Penn Waste").
2. Petitioner is not a party to this action.
3. At a public meeting on August 14, 2002, Silver Spring Township awarded
Petitioner the contract to be the exclusive provider of waste and recycling collection,
transportation and hauling services for Silver Spring Township as of October 1, 2002.
4. Plaintiff, Robert F. Walters, brought the above-captioned action against
Defendants, Silver Spring Township and the Board of Supervisors of Silver Spring Township
(collectively "Township"), seeking to enjoin the Township from performing its contract with
Penn Waste; requiring Defendants to continue using York Waste Disposal, Inc. ("York Waste")
for waste and recyclable collection, transportation and hauling services; declaring York Waste
the lowest, responsive and responsible bidder; and requiring the Township to award the refuse
contract to York Waste.
5. Plaintiff s Motion for Preliminary Injunction will be heard by this Honorable
Court (Bayley, J.) on September 26, 2002.
6. If Plaintiff s request for a preliminary injunction is granted, Petitioner will be
denied the benefit of its contract with Silver Springs Township.
7. In reliance on the Township's award of the refuse contract, Petitioner has taken
various steps to prepare to begin refuse collection on October 1, 2002, including but not limited
to the purchase of new equipment to service the Silver Spring Township residents and the use of
company resources to prepare for the commencement of service.
8. Petitioner is an interested party in the within injunction proceedings, and if
permitted to intervene, will oppose the issuance of a preliminary injunction based on the defense
that a greater injury will occur from granting the injunction than refusing it.
9. Petitioner is an indispensable party to the within proceeding and could have been
joined as an original party inasmuch as Petitioner was awarded a public contract that Plaintiff
now seeks to nullify.
10. If permitted to intervene, Petitioner will appear at the hearing on the preliminary
injunction to offer testimony as to the harm that will be suffered by Penn Waste if a preliminary
injunction is issued and will thereafter file responsive pleadings to Plaintiffs Complaint in a
timely fashion.
11. Petitioner recognizes the propriety of the pending action and subordinates its
defenses thereto.
12. Petitioner has not delayed unduly in filing its petition for intervention, inasmuch
as Plaintiffs Motion for Preliminary Injunction was filed on Thursday, September 12, 2002, and
this Petition is filed on Friday, September 20, 2002.
13. The allowance of intervention will not unduly delay, embarrass, or prejudice the
trial or the adjudication of the rights of the parties inasmuch as Petitioner is prepared to attend
and offer testimony at the hearing on September 26, 2002.
14. Petitioner's interest in this action is not adequately represented by the Defendants,
Silver Spring Township and the Board of Supervisors of Silver Spring Township, inasmuch as its
right to performance on the contract is sufficiently distinct from the Defendants' interests in the
contract.
15. Petitioner's counsel has received concurrence to Penn Waste's intervention from
both counsel for Plaintiff, Robert F. Walters, and counsel for Defendants, Silver Spring
Township and Board of Supervisors of Silver Spring Township.
WHEREFORE, Petitioner respectfully requests that this Court grant Petitioner leave to
intervene as a party defendant in this action pursuant to Pa. R.C.P. 2327(3), 2327(4) and 2329,
and that this Court stay all proceedings pending the disposition of this petition.
Respectfully submitted,
STOCK AND LEADER
_ t9 _ By:
Date Steven M. Hovis, Esquire
I.D. #59009
Neil A. Slenker, Esquire
I.D. #77974
35 South Duke Street
P. O. Box 5167
York, PA 17405-5167
(717)846-9800
VERIFICATION
I hereby affirm that the following facts are correct: I am authorized agent of Penn Waste,
Inc. in the foregoing action. The attached Petition for Intervention is based upon information
which has been furnished to counsel and information which has been gathered by counsel in the
preparation of this document. The language of the Petition is that of counsel and not mine. I
have read the Petition and to the extent that the same is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information and belief. To
the extent that the content of the Petition is that of counsel, I have relied upon counsel in malting
this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid
Petition are made subject to the penalties of 18 Pa. C.S., 4904 relating to unsworn falsification to
authorities.
September 18, 2002
Date
PENN ;Z' ?
E W
By:
Scott Wagner
Title: CEO
F:\USERS\TLS\ VERIF.CRP
9/18/02
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT F. WALTERS, NO. 02-4408
Plaintiff
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS of
SILVER SPRING TOWNSHIP,
Defendants CIVIL ACTION - EQUITY
CERTIFICATE OF SERVICE
AND NOW, this 16,'d-- day of 4 , 2002, I, Steven M. Hovis,
Esquire, of the law firm of Stock and Leader, attorneys for Defendants, hereby certify that I
served the within PETITION FOR INTEREVENTION by overnight delivery addressed to:
Steven Stine, Esquire
23 Waverly Drive
Hummelstown, PA 17036
Kenneth L. Joel, Esquire
Rhoads & Sinon, LLP
One South Market Square, 120i Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
STOCK AND LEADER
By:
Steven M. Hovis, Esquire
I.D. #59009
Neil A. Slenker, Esquire
I.D. #77974
35 South Duke Street
P.O. Box 5167
York, PA 17405-5167
(717) 846-9800
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ROBERT F. WALTERS,
PLAINTIFF
V.
SILVER SPRING TOWNSHIP
AND BOARD OF SUPERVISORS
OF SILVER SPRING TOWNSHIP,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
02-4408 EQUITY
ORDER OF COURT
AND NOW, this "k'J- day of September, 2002, upon the motion of
plaintiff for leave to take depositions, to compel production of documents, and for
sanctions, IT IS ORDERED:
(1) The motion for sanctions, IS DENIED.'
(2) The motion of plaintiff for leave to obtain discovery prior to the hearing set for
September 26, 2002, on plaintiffs petition for a preliminary injunction, IS DENIED.Z
' Plaintiff has just filed for leave of court to obtain discovery prior to the expiration
of thirty days after service of original process. See Pa. Rule of Civil Procedure
4007.2. There is no basis for imposing sanctions against defendants.
z This court has set an expedited hearing on plaintiffs petition for a preliminary
injunction. There is insufficient time to obtain discovery prior to that date. If
plaintiff represents that it cannot adequately proceed with the hearing on
September 26, 2002, and needs to obtain discovery prior to that hearing, we will
entertain a motion for a continuance of that hearing and then grant the motion for
leave to obtain discovery prior to the expiration of thirty days after service of the
original process.
togar B. Bayley, J.
4?F
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81 .6 WV h Z d3S Za
AW"IWJ fl3li?ii o
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT F. WALTERS, NO. 02-4408
Plaintiff
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS of
SILVER SPRING TOWNSHIP,
Defendants CIVIL ACTION - EQUITY
ORDER
AND NOW, this ??; day of September, 2002, upon consideration of the Petition to
Intervene filed by Penn Waste, Inc., it is hereby ORDERED AND DECREED, that the Petition
is granted and Penn Waste, Inc. shall be permitted to intervene in the within case as a party, and
shall be designated in the case caption as "Intervenor". Plaintiff is directed to serve a copy of
the Complaint on Penn Waste, Inc., after which a responsive pleading shall be filed in
accordance with the Pennsylvania Rules of Civil F
J.
co
0
O
ROBERT F. WALTERS,
PLAINTIFF
V.
SILVER SPRING TOWNSHIP
AND BOARD OF SUPERVISORS
OF SILVER SPRING TOWNSHIP,
DEFENDANTS
V.
PENN WASTE, INC.,
INTERVENOR
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
02-4408 EQUITY
ORDER OF COURT
AND NOW, this _ *-% day of September, 2002, following a hearing,
the petition of plaintiff, Robert F. Walters, for a preliminary injunction, IS DENIED.'
By tEdgar B. Bayley, J.
' Plaintiff has not shown a clear right to relief. The repetitive complaints as to the
deficiency in the manner in which York Waste Disposal, Inc., has been servicing
its current Trash and Recycling Service contract with Silver Spring Township, for
which it has not, in the view of the Borough, implemented adequate solutions,
coupled with the information obtained by the Borough as to the manner in which
York Waste has been servicing contracts in other generally situated Cumberland
County municipalities, constituted an adequate investigation disclosing
substantial reasons whereby the Board of Supervisors exercising its discretion
could conclude that York Waste was not the lowest responsible bidder to perform
its new Trash and Recycling Service contract, which was awarded to the next
lowest bidder, Penn Waste, Inc.
Arco
ZO :01 Wq oc d3S 20
Kenneth L. Joel, Esquire
One South Market Square
12th Floor
Harrisburg, PA 17108
For Plaintiff
Steven A. Stine, Esquire
23 Waverly Drive G?.l 9 -3 °
Hummelstown, PA 17036
For Silver Spring Township and Board of Supervisors
of Silver Spring Township
Steven M. Hovis, Esquire
23 South Duke Street
York, PA 17405-5167
For Intervenor
:sal
t
ROBERT F. WALTERS,
Plaintiff
V.
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS OF
SILVER SPRING TOWNSHIP
Defendants
V.
PENN WASTE, INC.
Intervenor
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4408
CIVIL ACTION -EQUITY
NOTICE TO PLEAD
To: Robert F. Walters and his attorney,
Kenneth L. Joel, Esquire
YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with
New Matter within twenty (20) days from service hereof or a judgment may be entered against
you.
Respectfully
Dated: to? I ZA %/ 6 (?
ST E; ESQk
Att ey I.D. #44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
Attorney for Defendants
ROBERT F. WALTERS,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS OF
SILVER SPRING TOWNSHIP
NO. 02-4408
CIVIL ACTION - EQUITY
Defendants
V.
PENN WASTE, INC.
Intervenor
DEFENDANTS' ANSWER WITH NEW MATTER
AND NOW, come the Defendants, Silver Spring Township and Board of Supervisors of
Silver Spring Township, by and through their attorney, Steven A. Stine, and Answer Plaintiff's
Complaint and aver New Matter as follows.
1. Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
one (1) and strict proof of the same is demanded at trial.
2. Admitted.
3. Denied. The averments in paragraph three (3) are conclusions of law to which no
responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
4. Denied. The averments in paragraph four (4) are conclusions of law to which no
responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
5. Denied. The averments in paragraph five (5) are conclusions of law to which no
responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
6. Admitted.
7. Admitted to the extent that the 1997 Contract speaks for itself. Any attempts by
Plaintiff to interpret or characterize same are specifically denied.
8. Admitted to the extent that the 1997 Contract speaks for itself. Any attempts by
Plaintiff to interpret or characterize same are specifically denied.
9. Admitted to the extent that the 1997 Contract speaks for itself. Any attempts by
Plaintiff to interpret or characterize same are specifically denied.
10. Admitted to the extent that the 1997 Contract speaks for itself. Any attempts by
Plaintiff to interpret or characterize same are specifically denied.
11. Admitted to the extent that the 1997 Contract speaks for itself. Any attempts by
Plaintiff to interpret or characterize same are specifically denied.
12. Admitted. By way of further answer, York Waste induced the Township to renew
the 1997 Contract by promising that the trash and recycling service would
improve and lowering the price for the service.
13. Admitted.
14. Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
fourteen (14) and strict proof of the same is demanded at trial.
15. Admitted in part. It is admitted that the Township did not advise York Waste of
service issues or contract violations in writing, but the Township repeatedly
notified York Waste during telephone conversations that there were service
issues. In addition, the Township had meetings with York Waste, during which it
was advised of service issues. By way of further answer, the Township had no
obligation to so notify York Waste in writing.
16. Admitted in part. It is admitted that the Board did not cancel, terminate, annul,
perform or engage another entity to perform the contract with York Waste. Any
inference that York Waste was therefore in compliance with the contract or was
providing acceptable service is specifically denied.
17. Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
seventeen (17) and strict proof of the same is demanded at trial.
18. Admitted.
19. Admitted.
20. Admitted in part. It is admitted that William S. Cook mailed a letter with the 2002
Invitation attached to it to York Waste. Any inference that this was a personal
invitation is denied. By way of further answer, Mr. Cook mailed letters with
attached 2002 Invitations to all trash and recycling haulers who provide
residential service on a municipality-wide basis in Cumberland County.
21. Admitted in part. It is admitted that Kelly K. Kelch sent Addendum #1 to York
Waste. Any inference that this was a personal invitation that was not provided to
other bidders is specifically denied. By way of further answer, all prospective
bidders were sent Addendum #1 as required by the 2002 Invitation, which states
that any changes thereto must be sent to each bidder in writing.
22. Admitted.
23. Denied. The averments in paragraph twenty-three (23) are conclusions of law to
which no responsive pleading is deemed necessary, and strict proof thereof is
demanded at trial.
24. Admitted.
25. Admitted in part. It is admitted that the Board did not refuse to receive York
Waste's bid, but any inference that the Board ultimately did not reject York
Waste's bid is specifically denied.
26. Admitted in part. It is admitted that the Board received and opened York Waste's
bid, but any inference that the Board accepted York Waste's bid as being the
lowest responsible bidder is specifically denied.
27. Admitted.
28. Admitted in part. It is admitted that the bids were opened on July 24, 2002. It is
denied that the Board tabulated the bids.
29. Admitted in part. It is admitted that York Waste submitted that lowest bid which
was responsive to the 2002 Invitation. Any inference that York Waste was the
lowest, responsible bidder is specifically denied.
30. Admitted in part. It is admitted that Penn Waste was the second lowest bidder at
$11.90 per month and that Waste Management's bid was higher. With regard to
how much higher Penn Waste's bid was as compared to York Waste's bid on a
percentage basis, the averment is denied. After reasonable investigation, the
Defendants are without knowledge or information sufficient to form a belief as to
the truth thereof and strict proof of the same is demanded at trial.
31. Admitted in part. It is admitted that the Board did not award the bid on July 24,
2002. The remainder of paragraph thirty-one (31) is denied. After reasonable
investigation, the Defendants are without knowledge or information sufficient to
form a belief as to the truth of the remainder of paragraph thirty-one (31) and strict
proof of the same is demanded at trial.
32. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Township did not advise York Waste of service issues or contract violations in
writing, but the Township repeatedly notified York Waste during telephone
conversations that there were service issues. By way of further answer, the Board
had no obligation to so notify York Waste in writing.
33. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board did not ask to review York Waste's service records. Any inference that the
Board was required to do so in order to investigate the responsibility of York
Waste is specifically denied.
34. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board never sought a meeting with York Waste to discuss issues relating to its
qualifications or responsibility as a bidder. Any inference that the Board was
required to do so in order to investigate the responsibility of York Waste is
specifically denied.
35. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board did not ask York Waste for additional information. Any inference that the
Board was required to do so in order to investigate the responsibility of York
Waste is specifically denied.
36. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board did not ask York Waste for any information relating to York Waste's
qualifications or responsibility. Any inference that the Board was required to do
so in order to investigate the responsibility of York Waste is specifically denied.
37. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board did not share it records regarding York Waste's services with York Waste.
Any inference that the Board was required to do so is specifically denied.
38. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board share its information regarding the responsibility of York Waste with York
Waste. Any inference that the Board was required to do so is specifically denied.
39. Admitted.
40. Admitted.
41. Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
forty-one (41) and strict proof of the same is demanded at trial.
42. Admitted in part. It is admitted that the Board determined that York Waste was
not responsible. It is denied that no formal decision was made. By way of further
answer, the Board unanimously voted to award the contract to Penn Waste, the
lowest, responsible bidder.
43. Admitted in part. It is admitted that the Board did not notify York Waste of its
decision prior to its decision. Any inference that the Board was required to do so
is specifically denied.
44. Denied. The Township undertook a proper investigation into the responsibility of
York Waste. By way of further answer, the Township reviewed its experience
with York Waste in the 1997 Contract and interviewed and received documents
from four (4) other municipalities concerning the performance of York Waste
with regard to their solid waste and recycling contracts.
45. Denied. The representative from York Waste did provide comments to the Board
prior to the vote on the motion to award the contract to Penn Waste, the lowest
responsible bidder.
46. Admitted in part. It is admitted that no discussions were held and no specific
finding were made at the meeting. It is denied that no findings were made. By
way of further answer, Mr. Cook made findings and a recommendation to award
the bid to Penn Waste, which was communicated to the Board in the form of a
memorandum with attached documents.
47. Admitted in part. It is admitted that the Board awarded the contract to Penn Waste
who is the lowest, responsible bidder. It is further admitted that Penn Waste was
not the lowest bidder. Any inference that the award to Penn Waste was somehow
unlawful or improper is denied.
48. Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
forty-eight (48) and strict proof of the same is demanded at trial.
COUNTI
49. The answers to paragraphs one (1) through forty-eight (48) are incorporated
herein by reference.
50. Denied. The averments in paragraph fifty (50) are conclusions of law to which no
responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
51. Denied. The averments in paragraph fifty-one (51) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial. To the extent an answer is required, paragraph 51 is denied. After an
investigation, the Board determined that York Waste was not a responsible bidder
and that Penn Waste was the lowest, responsible bidder.
52. Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
fifty-two (52) and strict proof of the same is demanded at trial.
53. Admitted in part. It is admitted that York Waste's bid was responsive and that the
Township received and opened the bid. It is denied that the bid was accepted and
not rejected.
54. Denied. The averments in paragraph fifty-four (54) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
55. Denied. The averments in paragraph fifty-five (55) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
56. Denied. The averments in paragraph fifty-six (56) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
57. Denied. The averments in paragraph fifty-seven (57) are conclusions of law to
which no responsive pleading is deemed necessary, and strict proof thereof is
demanded at trial.
58. Denied. The averments in paragraph fifty-eight (58) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
59. Denied. The averments in paragraph fifty-nine (59) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
60. Denied. The averments in paragraph sixty (60) are conclusions of law to which no
responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
61. Denied. The averments in paragraph sixty-one (61) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
62. Admitted in part. It is admitted that the residents of the Township will pay more for
solid waste and recyclable collection. It is denied that the Township residents,
including the Plaintiff will be harmed, since York Waste is not a responsible bidder
and Penn Waste is the lowest, responsible bidder to whom the contract was awarded.
63. Denied. The averments in paragraph sixty-three (63) are conclusions of law to
which no responsive pleading is deemed necessary, and strict proof thereof is
demanded at trial.
WHEREFORE, Defendants Silver Spring Township and Board of Supervisors of Silver
Spring Township respectfully request that this Honorable Court deny the relief requested by the
Plaintiff.
NEW MATTER
64. The answers in paragraphs one (1) through sixty-three (63) are incorporated
herein by reference.
65. After opening the bids on July 24, 2002, William S. Cook, the Township Manager
of the Township (the "Township Manager") conducted an investigation into the
responsibility of York Waste and Penn Waste.
66. With regard to York Waste, the Township Manager considered the performance
of York Waste within the Township over the previous five (5) year period, which
included the initial three (3) year contract and the two (2) year extension.
67. In addition, the Township Manager reviewed the list of current municipal
contracts provided by York Waste as a part of its bid and selected four (4)
municipalities from the list to be interviewed, to wit: Borough of Camp Hill,
Middlesex Township, North Middleton Township and the Borough of Penbrook.
68. With regard to Penn Waste, the Township Manager reviewed the list of current
municipal contracts provided by Penn Waste as a part of its bid and selected four
(4) municipalities from the list to be interviewed, to wit: Springettsbury
Township, Borough of Elizabethtown, East Hempfield Township and Fairview
Township.
69. Significantly, all of the municipalities contacted by the Township Manager
concerning the performance of York Waste indicated that they were not satisfied
with the service provided, citing problems which were the same as or similar to
problems experienced by the Township, such as: missed trash pick-ups; missed
recycling pick-ups; entire streets, developments or sections of the municipality
missed for trash and/or recycling pick-up; trash on the streets; recyclables dumped
into the trash truck; trash and/or recycling containers are thrown into the street;
and residents unable to contact York Waste to report problems.
70. The municipalities also expressed that the problems were not isolated, one-time
problems, but were chronic and did not get permanently resolved.
71. All of the municipalities contacted by the Township concerning the performance
of Penn Waste reported that they were satisfied with its performance.
72. None of the municipalities utilizing Penn Waste experienced any significant
problems and they praised Penn Waste for infrequent problems, quick response
and adherence to the requirements of the contract.
73. Based on the investigation of the Township Manager, he issued a memo to the
Board of Supervisors, dated August 8, 2002, with attached supporting
documentation, recommending that the bid for solid waste and recycling services
by awarded to Penn Waste.
4
74. On August 14, 2002, at its regular meeting, the Board of Supervisors followed the
Township Manager's recommendation and awarded the contract for solid waste
and recycling services to Penn Waste as the lowest responsible bidder.
75. The Township conducted an investigation of the responsibility of York Waste and
Penn Waste in accordance with the law.
76. The Township awarded the contract to Penn Waste as the lowest responsible,
bidder in accordance with the requirements of the Second Class Township Code.
77. Plaintiff s Complaint fails to state a claim upon which relief can be granted.
WHEREFORE, Defendants Lower Paxton Township and Lower Paxton Township
Authority respectfully request that this Honorable Court deny the relief requested by the
Plaintiff.
Dated: Z
Respectfully submitted,
7
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ST NNE, ESQUIRE
Attorney I.D. #44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
Attorney for Defendants
OCT- 1-02 TUE 14:54 SILVER SPRING TWP.
Oct 01 2002 2:56PM
V,
LRW OFFICES OF STEVEN R.
P . 0 1
(717) Sa3-2943 P•2
The undersigned, WILLIAM S. COOK, as Township Manager of Silver Spring 'township,
hereby verifies that the facts act forth in the Answer and New Matter are true and correct to the best
of his knowledge, information and belief and further states that false statements herein are made
subject to the penalties of 18 Pa,C.S. Section 4904 relating to unswom falsification to authorities.
k-1K, Township Manager
SILVER SPRING TOWNSHIP
I
s -
CERTIFICATE OF SERVICE
I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy
of the foregoing Answer with New Matter upon the following below-named individual(s) by
depositing same in the U. S. Mail, postage pre-paid at Hummelstown, Dauphin County,
Pennsylvania this 3tk day of October, 2002.
SERVED UPON:
Kenneth L. Joel, Esquire
Rhoads & Sinon
One South Market Square
Harrisburg, PA 17108
Steven M. Hovis, Esquire
Stock & Leader
35 South Duke Street
York, PA 17405
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Kenneth L. Joel, Esquire
Attorney I.D. No. 72370
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
ROBERT F. WALTERS,
Plaintiff
V.
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS of
SILVER SPRING TOWNSHIP,
Defendants
and
PENN WASTE
Intervenor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 02-4408
: JURY TRIAL DEMANDED
IMPORTANT NOTICE
TO: Silver Spring Township and Board of Supervisors of Silver Spring Township
C/o Steven Stine, Esquire
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
RHOADS
Date: October 3, 2002
By:
It2Anefti L' Jbel f
One South Market S u
P.O. Box 1146
Harrisburg, PA 1710
(717) 233-5731
Attorneys for Plaintiff
446273.1
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ROBERT F. WALTERS,
Plaintiff
V.
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS OF
SILVER SPRING TOWNSHIP
Defendants
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4408
CIVIL ACTION - EQUITY
PENN WASTE, INC.
Intervenor
NOTICE TO PLEAD
To: Robert F. Walters and his attorney,
Kenneth L. Joel, Esquire
YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Amended
Answer with New Matter within twenty (20) days from service hereof or a judgment may be
entered against you.
Respectfully
Dated: [0 6 j,
o i r'w PINI? ' , ESQUIRE
Attorney I. 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
Attorney for Defendants
ROBERT F. WALTERS,
Plaintiff
V.
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS OF
SILVER SPRING TOWNSHIP
Defendants
V.
PENN WASTE, INC.
Intervenor
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4408
CIVIL ACTION -EQUITY
DEFENDANTS' AMENDED ANSWER WITH NEW MATTER
AND NOW, come the Defendants, Silver Spring Township and Board of Supervisors of
Silver Spring Township, by and through their attorney, Steven A. Stine, and file this Amended
Answer to Plaintiff's Complaint and aver New Matter as follows.
1. Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
one (1) and strict proof of the same is demanded at trial.
2. Admitted.
3. Denied. The averments in paragraph three (3) are conclusions of law to which no
responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
4. Denied. The averments in paragraph four (4) are conclusions of law to which no
responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
Denied. The averments in paragraph five (5) are conclusions of law to which no
responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
6. Admitted.
Admitted to the extent that the 1997 Contract speaks for itself. Any attempts by
Plaintiff to interpret or characterize same are specifically denied.
8. Admitted to the extent that the 1997 Contract speaks for itself. Any attempts by
Plaintiff to interpret or characterize same are specifically denied.
9. Admitted to the extent that the 1997 Contract speaks for itself. Any attempts by
Plaintiff to interpret or characterize same are specifically denied.
10. Admitted to the extent that the 1997 Contract speaks for itself. Any attempts by
Plaintiff to interpret or characterize same are specifically denied.
11. Admitted to the extent that the 1997 Contract speaks for itself. Any attempts by
Plaintiff to interpret or characterize same are specifically denied.
12. Admitted. By way of further answer, York Waste induced the Township to renew
the 1997 Contract by promising that the trash and recycling service would
improve and lowering the price for the service.
13. Admitted.
14. Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
fourteen (14) and strict proof of the same is demanded at trial.
15. Admitted in part. It is admitted that the Township did not advise York Waste of
service issues or contract violations in writing, but the Township repeatedly
notified York Waste during telephone conversations that there were service
issues. In addition, the Township had meetings with York Waste, during which it
was advised of service issues. By way of further answer, the Township had no
obligation to so notify York Waste in writing.
16. Admitted in part. It is admitted that the Board did not cancel, terminate, annul,
perform or engage another entity to perform the contract with York Waste. Any
inference that York Waste was therefore in compliance with the contract or was
providing acceptable service is specifically denied.
IT Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
seventeen (17) and strict proof of the same is demanded at trial.
18. Admitted.
19. Admitted.
20. Admitted in part. It is admitted that William S. Cook mailed a letter with the 2002
Invitation attached to it to York Waste. Any inference that this was a personal
invitation is denied. By way of further answer, Mr. Cook mailed letters with
attached 2002 Invitations to all trash and recycling haulers who provide
residential service on a municipality-wide basis in Cumberland County.
21. Admitted in part. It is admitted that Kelly K. Kelch sent Addendum #1 to York
Waste. Any inference that this was a personal invitation that was not provided to
other bidders is specifically denied. By way of further answer, all prospective
bidders were sent Addendum #1 as required by the 2002 Invitation, which states
that any changes thereto must be sent to each bidder in writing.
22. Admitted.
23. Denied. The averments in paragraph twenty-three (23) are conclusions of law to
which no responsive pleading is deemed necessary, and strict proof thereof is
demanded at trial.
24. Admitted.
25. Admitted in part. It is admitted that the Board did not refuse to receive York
Waste's bid, but any inference that the Board ultimately did not reject York
Waste's bid is specifically denied.
26. Admitted in part. It is admitted that the Board received and opened York Waste's
bid, but any inference that the Board accepted York Waste's bid as being the
lowest responsible bidder is specifically denied.
27
28
29.
Admitted.
Admitted in part. It is admitted that the bids were opened on July 24, 2002. It is
denied that the Board tabulated the bids.
Admitted in part. It is admitted that York Waste submitted that lowest bid which
was responsive to the 2002 Invitation. Any inference that York Waste was the
lowest, responsible bidder is specifically denied.
30. Admitted in part. It is admitted that Penn Waste was the second lowest bidder at
$11.90 per month and that Waste Management's bid was higher. With regard to
how much higher Penn Waste's bid was as compared to York Waste's bid on a
percentage basis, the averment is denied. After reasonable investigation, the
Defendants are without knowledge or information sufficient to form a belief as to
the truth thereof and strict proof of the same is demanded at trial.
31. Admitted in part. It is admitted that the Board did not award the bid on July 24,
2002. The remainder of paragraph thirty-one (31) is denied. After reasonable
investigation, the Defendants are without knowledge or information sufficient to
form a belief as to the truth of the remainder of paragraph thirty-one (31) and strict
proof of the same is demanded at trial.
32. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Township did not advise York Waste of service issues or contract violations in
writing, but the Township repeatedly notified York Waste during telephone
conversations that there were service issues. By way of further answer, the Board
had no obligation to so notify York Waste in writing.
33. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board did not ask to review York Waste's service records. Any inference that the
Board was required to do so in order to investigate the responsibility of York
Waste is specifically denied.
34. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board never sought a meeting with York Waste to discuss issues relating to its
qualifications or responsibility as a bidder. Any inference that the Board was
required to do so in order to investigate the responsibility of York Waste is
specifically denied.
35. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board did not ask York Waste for additional information. Any inference that the
Board was required to do so in order to investigate the responsibility of York
Waste is specifically denied.
36. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board did not ask York Waste for any information relating to York Waste's
qualifications or responsibility. Any inference that the Board was required to do
so in order to investigate the responsibility of York Waste is specifically denied.
37. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board did not share it records regarding York Waste's services with York Waste.
Any inference that the Board was required to do so is specifically denied.
38. Admitted in part. It is admitted that from July 24, 2002 until August 14, 2002 the
Board share its information regarding the responsibility of York Waste with York
Waste. Any inference that the Board was required to do so is specifically denied.
39. Admitted.
40. Admitted.
41. Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
forty-one (41) and strict proof of the same is demanded at trial.
42. Admitted in part. It is admitted that the Board determined that York Waste was
not responsible. It is denied that no formal decision was made. By way of further
answer, the Board unanimously voted to award the contract to Perm Waste, the
lowest, responsible bidder.
43. Admitted in part. It is admitted that the Board did not notify York Waste of its
decision prior to its decision. Any inference that the Board was required to do so
is specifically denied.
44. Denied. The Township undertook a proper investigation into the responsibility of
York Waste. By way of further answer, the Township reviewed its experience
with York Waste in the 1997 Contract and interviewed and received documents
from four (4) other municipalities concerning the performance of York Waste
with regard to their solid waste and recycling contracts.
45. Denied. The representative from York Waste did provide comments to the Board
prior to the vote on the motion to award the contract to Penn Waste, the lowest
responsible bidder.
46. Admitted in part. It is admitted that no discussions were held and no specific
finding were made at the meeting. It is denied that no findings were made. By
way of further answer, Mr. Cook made findings and a recommendation to award
the bid to Penn Waste, which was communicated to the Board in the form of a
memorandum with attached documents.
47. Admitted in part. It is admitted that the Board awarded the contract to Penn Waste
who is the lowest, responsible bidder. It is further admitted that Penn Waste was
not the lowest bidder. Any inference that the award to Penn Waste was somehow
unlawful or improper is denied.
48. Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
forty-eight (48) and strict proof of the same is demanded at trial.
COUNTI
49. The answers to paragraphs one (1) through forty-eight (48) are incorporated
herein by reference.
50. Denied. The averments in paragraph fifty (50) are conclusions of law to which no
responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
51. Denied. The averments in paragraph fifty-one (51) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial. To the extent an answer is required, paragraph 51 is denied. After an
investigation, the Board determined that York Waste was not a responsible bidder
and that Penn Waste was the lowest, responsible bidder.
52. Denied. After reasonable investigation, the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph
fifty-two (52) and strict proof of the same is demanded at trial.
53. Admitted in part. It is admitted that York Waste's bid was responsive and that the
Township received and opened the bid. It is denied that the bid was accepted and
not rejected.
54. Denied. The averments in paragraph fifty-four (54) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
55. Denied. The averments in paragraph fifty-five (55) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
56. Denied. The averments in paragraph fifty-six (56) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
57. Denied. The averments in paragraph fifty-seven (57) are conclusions of law to
which no responsive pleading is deemed necessary, and strict proof thereof is
demanded at trial.
58. Denied. The averments in paragraph fifty-eight (58) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
59. Denied. The averments in paragraph fifty-nine (59) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
60. Denied. The averments in paragraph sixty (60) are conclusions of law to which no
responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
61. Denied. The averments in paragraph sixty-one (61) are conclusions of law to which
no responsive pleading is deemed necessary, and strict proof thereof is demanded at
trial.
62. Admitted in part. It is admitted that the residents of the Township will pay more for
solid waste and recyclable collection. It is denied that the Township residents,
including the plaintiff will be harmed, since York Waste is not a responsible bidder
and Penn Waste is the lowest, responsible bidder to whom the contract was awarded.
63. Denied. The averments in paragraph sixty-three (63) are conclusions of law to
which no responsive pleading is deemed necessary, and strict proof thereof is
demanded at trial.
WHEREFORE, Defendants Silver Spring Township and Board of Supervisors of Silver
Spring Township respectfully request that this Honorable Court deny the relief requested by the
Plaintiff.
NEW MATTER
64. The answers in paragraphs one (1) through sixty-three (63) are incorporated
herein by reference.
65. After opening the bids on July 24, 2002, William S. Cook, the Township Manager
of the Township (the "Township Manager") conducted an investigation into the
responsibility of York Waste and Penn Waste.
66. With regard to York Waste, the Township Manager considered the performance
of York Waste within the Township over the previous five (5) year period, which
included the initial three (3) year contract and the two (2) year extension.
67. In addition, the Township Manager reviewed the list of current municipal
contracts provided by York Waste as a part of its bid and selected four (4)
municipalities from the list to be interviewed, to wit: Borough of Camp Hill,
Middlesex Township, North Middleton Township and the Borough of Penbrook.
68. With regard to Penn Waste, the Township Manager reviewed the list of current
municipal contracts provided by Penn Waste as a part of its bid and selected four
(4) municipalities from the list to be interviewed, to wit: Springettsbury
Township, Borough of Elizabethtown, East Hempfield Township and Fairview
Township.
69. Significantly, all of the municipalities contacted by the Township Manager
concerning the performance of York Waste indicated that they were not satisfied
with the service provided, citing problems which were the same as or similar to
problems experienced by the Township, such as: missed trash pick-ups; missed
recycling pick-ups; entire streets, developments or sections of the municipality
missed for trash and/or recycling pick-up; trash on the streets; recyclables dumped
into the trash truck; trash and/or recycling containers are thrown into the street;
and residents unable to contact York Waste to report problems.
70. The municipalities also expressed that the problems were not isolated, one-time
problems, but were chronic and did not get permanently resolved.
71. All of the municipalities contacted by the Township concerning the performance
of Penn Waste reported that they were satisfied with its performance.
72. None of the municipalities utilizing Penn Waste experienced any significant
problems and they praised Penn Waste for infrequent problems, quick response
and adherence to the requirements of the contract.
73. Based on the investigation of the Township Manager, he issued a memo to the
Board of Supervisors, dated August 8, 2002, with attached supporting
documentation, recommending that the bid for solid waste and recycling services
by awarded to Penn Waste.
74. On August 14, 2002, at its regular meeting, the Board of Supervisors followed the
Township Manager's recommendation and awarded the contract for solid waste
and recycling services to Penn Waste as the lowest responsible bidder.
75. The Township conducted an investigation of the responsibility of York Waste and
Penn Waste in accordance with the law.
76. The Township awarded the contract to Penn Waste as the lowest responsible,
bidder in accordance with the requirements of the Second Class Township Code.
77. Plaintiff's Complaint fails to state a claim upon which relief can be granted.
WHEREFORE, Defendants Silver Spring Township and Board of Supervisors of Silver
Spring Township respectfully request that this Honorable Court deny the relief requested by the
Plaintiff.
Dated:
Respectfully submitted,
4 &
S , ESQUIRE
Attorney I.D. #44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
Attorney for Defendants
CERTIFICATE OF SERVICE
I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy
of the foregoing Amended Answer with New Matter upon the following below-named
individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hummelstown, Dauphin
County, Pennsylvania this 9th day of October, 2002.
SERVED UPON;
Kenneth L. Joel, Esquire
Rhoads & Sinon
One South Market Square
Harrisburg, PA 17108
Steven M. Hovis, Esquire
Stock & Leader
35 South Duke Street
York, PA 17405
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ROBERT F. WALTERS,
Plaintiff
V.
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS OF
SILVER SPRING TOWNSHIP
Defendants
V.
PENN WASTE, INC.
Intervenor
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4408
CIVIL ACTION -EQUITY
PRAECIPE
Please attach the attached Verification to Defendants' Amended Answer with New
Matter filed in the above-captioned matter.
Dated: October 11, 2002
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
Attorney for Defendants
The undersigned, WILLIAM S. COOK, as Township Manager of Silver Spring Township,
hereby verifies that the facts set forth in the Amended Answer with New Matter are true and correct
to the best of his knowledge, information and belief and further states that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to
authorities.
WILLIAM S. COOK, Township Manager
Silver Spring Township
CERTIFICATE OF SERVICE
I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy
of the foregoing Praecipe upon the following below-named individual(s) by depositing same in
the U. S. Mail, postage pre-paid at Hummelstown, Dauphin County, Pennsylvania this 11th day
of October, 2002.
SERVED UPON:
Kenneth L. Joel, Esquire
Rhoads & Sinon
One South Market Square
Harrisburg, PA 17108
Steven M. Hovis, Esquire
Stock & Leader
35 South Duke Street
York, PA 17405
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Kenneth L. Joel, Esquire
Attorney I.D. No. 72370
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
ROBERT F. WALTERS,
Plaintiff
V.
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS of
SILVER SPRING TOWNSHIP,
Defendants
and
PENN WASTE
Intervenor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 02-4408
JURY TRIAL DEMANDED
REPLY TO NEW MATTER
Robert Walters ("Plaintiff'), by his attorneys, Rhoads & Sinon LLP, files this Reply to
New Matter.
64. Paragraph 64 sets forth no factual averment and, therefore, no response is
required. To the extent that paragraph 64 incorporates any factual allegation, Plaintiff
incorporates paragraphs 1-63 of its Complaint as if fully set forth.
65. Walters is without personal knowledge sufficient to form a belief as to the truth or
falsity of this averment and, therefore, it is denied and strict proof of the same is demanded a
trial. By way of further answer, however, it is specifically denied that Cook undertook a full, fair
and honest investigation as required by Pennsylvania law. To that end, Cook cherry-picked, with
446418.1
no investigation of contract similarity, a limited number of municipalities that he had reason to
believe would provide negative references for York Waste and, further, ignored the comments of
municipalities that were favorable to York Waste. Additionally, Cook selected certain
municipalities for Penn Waste, which has only been providing services for a short period of time,
that he had reason to believe would provide positive remarks and ignored other municipalities,
such as Stewardstown, where Penn Waste had been fined. Moreover, Cook did not seek any
verification of any of the information he was provided and never spoke to an elected official of
any municipalities. Further, the fact is that at least two of the municipalities Cook contacted
recently reawarded contracts to York Waste as they were the lowest, responsive and responsible
bidder and a third municipality that Cook contacted requested that York Waste extend their
contract for another two years -- a request that York Waste rejected. The final community that
Cook contacted recently stated, in a public meeting, that York Waste's service had improved and
that there was no intent to terminate the contract.
66. Walters is without personal knowledge sufficient to form a belief as to the truth or
falsity of this averment and, therefore, it is denied and strict proof of the same is demanded a
trial. By way of further answer, however, it is specifically denied that Cook undertook a full, fair
and honest investigation as required by Pennsylvania law. To that end, Cook cherry-picked, with
no investigation of contract similarity, a limited number of municipalities that he had reason to
believe would provide negative references for York Waste and, further, ignored the comments of
municipalities that were favorable to York Waste. Additionally, Cook selected certain
municipalities for Penn Waste, which has only been providing services for a short period of time,
that he had reason to believe would provide positive remarks and ignored other municipalities,
2
such as Stewardstown, where Penn Waste had been fined. Moreover, Cook did not seek any
verification of any of the information he was provided and never spoke to an elected official of
any municipalities. Further, the fact is that at least two of the municipalities Cook contacted
recently reawarded contracts to York Waste as they were the lowest, responsive and responsible
bidder and a third municipality that Cook contacted requested that York Waste extend their
contract for another two years -- a request that York Waste rejected. The final community that
Cook contacted recently stated, in a public meeting, that York Waste's service had improved and
that there was no intent to terminate the contract.
67. Walters is without personal knowledge sufficient to form a belief as to the truth or
falsity of this averment and, therefore, it is denied and strict proof of the same is demanded a
trial. By way of further answer, however, it is specifically denied that Cook undertook a full, fair
and honest investigation as required by Pennsylvania law. To that end, Cook cherry-picked, with
no investigation of contract similarity, a limited number of municipalities that he had reason to
believe would provide negative references for York Waste and, further, ignored the comments of
municipalities that were favorable to York Waste. Additionally, Cook selected certain
municipalities for Penn Waste, which has only been providing services for a short period of time,
that he had reason to believe would provide positive remarks and ignored other municipalities,
such as Stewardstown, where Penn Waste had been fined. Moreover, Cook did not seek any
verification of any of the information he was provided and never spoke to an elected official of
any municipalities. Further, the fact is that at least two of the municipalities Cook contacted
recently reawarded contracts to York Waste as they were the lowest, responsive and responsible
bidder and a third municipality that Cook contacted requested that York Waste extend their
3
contract for another two years -- a request that York Waste rejected. The final community that
Cook contacted recently stated, in a public meeting, that York Waste's service had improved and
that there was no intent to terminate the contract.
68. Walters is without personal knowledge sufficient to form a belief as to the truth or
falsity of this averment and, therefore, it is denied and strict proof of the same is demanded a
trial. By way of further answer, however, it is specifically denied that Cook undertook a full, fair
and honest investigation as required by Pennsylvania law. To that end, Cook cherry-picked, with
no investigation of contract similarity, a limited number of municipalities that he had reason to
believe would provide negative references for York Waste and, further, ignored the comments of
municipalities that were favorable to York Waste. Additionally, Cook selected certain
municipalities for Penn Waste, which has only been providing services for a short period of time,
that he had reason to believe would provide positive remarks and ignored other municipalities,
such as Stewardstown, where Penn Waste had been fined. Moreover, Cook did not seek any
verification of any of the information he was provided and never spoke to an elected official of
any municipalities. Further, the fact is that at least two of the municipalities Cook contacted
recently reawarded contracts to York Waste as they were the lowest, responsive and responsible
bidder and a third municipality that Cook contacted requested that York Waste extend their
contract for another two years -- a request that York Waste rejected. The final community that
Cook contacted recently stated, in a public meeting, that York Waste's service had improved and
that there was no intent to terminate the contract.
4
69. Walters is without personal knowledge sufficient to form a belief as to the truth or
falsity of this averment and, therefore, it is denied and strict proof of the same is demanded a
trial. By way of further answer, however, it is specifically denied that Cook undertook a full, fair
and honest investigation as required by Pennsylvania law. To that end, Cook cherry-picked, with
no investigation of contract similarity, a limited number of municipalities that he had reason to
believe would provide negative references for York Waste and, further, ignored the comments of
municipalities that were favorable to York Waste. Additionally, Cook selected certain
municipalities for Penn Waste, which has only been providing services for a short period of time,
that he had reason to believe would provide positive remarks and ignored other municipalities,
such as Stewardstown, where Penn Waste had been fined. Moreover, Cook did not seek any
verification of any of the information he was provided and never spoke to an elected official of
any municipalities. Further, the fact is that at least two of the municipalities Cook contacted
recently reawarded contracts to York Waste as they were the lowest, responsive and responsible
bidder and a third municipality that Cook contacted requested that York Waste extend their
contract for another two years -- a request that York Waste rejected. The final community that
Cook contacted recently stated, in a public meeting, that York Waste's service had improved and
that there was no intent to terminate the contract.
70. Walters is without personal knowledge sufficient to form a belief as to the truth or
falsity of this averment and, therefore, it is denied and strict proof of the same is demanded a
trial. By way of further answer, however, it is specifically denied that Cook undertook a full, fair
and honest investigation as required by Pennsylvania law. To that end, Cook cherry-picked, with
no investigation of contract similarity, a limited number of municipalities that he had reason to
5
believe would provide negative references for York Waste and, further, ignored the comments of
municipalities that were favorable to York Waste. Additionally, Cook selected certain
municipalities for Penn Waste, which has only been providing services for a short period of time,
that he had reason to believe would provide positive remarks and ignored other municipalities,
such as Stewardstown, where Penn Waste had been fined. Moreover, Cook did not seek any
verification of any of the information he was provided and never spoke to an elected official of
any municipalities. Further, the fact is that at least two of the municipalities Cook contacted
recently reawarded contracts to York Waste as they were the lowest, responsive and responsible
bidder and a third municipality that Cook contacted requested that York Waste extend their
contract for another two years -- a request that York Waste rejected. The final community that
Cook contacted recently stated, in a public meeting, that York Waste's service had improved and
that there was no intent to terminate the contract.
71. Walters is without personal knowledge sufficient to form a belief as to the truth or
falsity of this averment and, therefore, it is denied and strict proof of the same is demanded a
trial. By way of further answer, however, it is specifically denied that Cook undertook a full, fair
and honest investigation as required by Pennsylvania law. To that end, Cook cherry-picked, with
no investigation of contract similarity, a limited number of municipalities that he had reason to
believe would provide negative references for York Waste and, further, ignored the comments of
municipalities that were favorable to York Waste. Additionally, Cook selected certain
municipalities for Penn Waste, which has only been providing services for a short period of time,
that he had reason to believe would provide positive remarks and ignored other municipalities,
such as Stewardstown, where Penn Waste had been fined. Moreover, Cook did not seek any
6
verification of any of the information he was provided and never spoke to an elected official of
any municipalities. Further, the fact is that at least two of the municipalities Cook contacted
recently reawarded contracts to York Waste as they were the lowest, responsive and responsible
bidder and a third municipality that Cook contacted requested that York Waste extend their
contract for another two years -- a request that York Waste rejected. The final community that
Cook contacted recently stated, in a public meeting, that York Waste's service had improved and
that there was no intent to terminate the contract.
72. Walters is without personal knowledge sufficient to form a belief as to the truth or
falsity of this averment and, therefore, it is denied and strict proof of the same is demanded a
trial. By way of further answer, however, it is specifically denied that Cook undertook a full, fair
and honest investigation as required by Pennsylvania law. To that end, Cook cherry-picked, with
no investigation of contract similarity, a limited number of municipalities that he had reason to
believe would provide negative references for York Waste and, further, ignored the comments of
municipalities that were favorable to York Waste. Additionally, Cook selected certain
municipalities for Penn Waste, which has only been providing services for a short period of time,
that he had reason to believe would provide positive remarks and ignored other municipalities,
such as Stewardstown, where Penn Waste had been fined. Moreover, Cook did not seek any
verification of any of the information he was provided and never spoke to an elected official of
any municipalities. Further, the fact is that at least two of the municipalities Cook contacted
recently reawarded contracts to York Waste as they were the lowest, responsive and responsible
bidder and a third municipality that Cook contacted requested that York Waste extend their
contract for another two years -- a request that York Waste rejected. The final community that
7
Cook contacted recently stated, in a public meeting, that York Waste's service had improved and
that there was no intent to terminate the contract.
73. Walters is without personal knowledge sufficient to form a belief as to the truth or
falsity of this averment and, therefore, it is denied and strict proof of the same is demanded a
trial. By way of further answer, however, it is specifically denied that Cook undertook a full, fair
and honest investigation as required by Pennsylvania law. To that end, Cook cherry-picked, with
no investigation of contract similarity, a limited number of municipalities that he had reason to
believe would provide negative references for York Waste and, further, ignored the comments of
municipalities that were favorable to York Waste. Additionally, Cook selected certain
municipalities for Penn Waste, which has only been providing services for a short period of time,
that he had reason to believe would provide positive remarks and ignored other municipalities,
such as Stewardstown, where Penn Waste had been fined. Moreover, Cook did not seek any
verification of any of the information he was provided and never spoke to an elected official of
any municipalities. Further, the fact is that at least two of the municipalities Cook contacted
recently reawarded contracts to York Waste as they were the lowest, responsive and responsible
bidder and a third municipality that Cook contacted requested that York Waste extend their
contract for another two years -- a request that York Waste rejected. The final community that
Cook contacted recently stated, in a public meeting, that York Waste's service had improved and
that there was no intent to terminate the contract. Furthermore, the alleged memo is a document
that speaks for itself.
8
74. It is admitted that the Supervisors followed Cook's recommendation and awarded
the contract to Penn Waste. By way of further response, however, the Supervisors never rejected
or disqualified York Waste as a bidder and never found York Waste to be not responsible. The
Township violated the Second Class Township Code by not making these findings and not
having any findings supported by substantial reasons.
75. Paragraph 75 is a conclusion of law to which no response is required and,
therefore, it is denied. By way of further response, however, Plaintiff specifically denies that
Cook undertook a full, fair and honest investigation as required by Pennsylvania law. To that
end, Cook cherry-picked, with no investigation of contract similarity, a limited number of
municipalities that he had reason to believe would provide negative references for York Waste
and, further, ignored the comments of municipalities that were favorable to York Waste.
Additionally, Cook selected certain municipalities for Penn Waste, which has only been
providing services for a short period of time, that he had reason to believe would provide
positive remarks and ignored other municipalities, such as Stewardstown, where Penn Waste had
been fined. Moreover, Cook did not seek any verification of any of the information he was
provided and never spoke to an elected official of any municipalities. Further, the fact is that at
least two of the municipalities Cook contacted recently reawarded contracts to York Waste as
they were the lowest, responsive and responsible bidder and a third municipality that Cook
contacted requested that York Waste extend their contract for another two years -- a request that
York Waste rejected. The final community that Cook contacted recently stated, in a public
meeting, that York Waste's service had improved and that there was no intent to terminate the
contract.
9
76. Paragraph 76 is a conclusion of law to which no response is required and,
therefore, it is denied. By way of further response, however, Plaintiff specifically denies that
Cook undertook a full, fair and honest investigation as required by Pennsylvania law. To that
end, Cook cherry-picked, with no investigation of contract similarity, a limited number of
municipalities that he had reason to believe would provide negative references for York Waste
and, further, ignored the comments of municipalities that were favorable to York Waste.
Additionally, Cook selected certain municipalities for Penn Waste, which has only been
providing services for a short period of time, that he had reason to believe would provide
positive remarks and ignored other municipalities, such as Stewardstown, where Penn Waste had
been fined. Moreover, Cook did not seek any verification of any of the information he was
provided and never spoke to an elected official of any municipalities. Further, the fact is that at
least two of the municipalities Cook contacted recently reawarded contracts to York Waste as
they were the lowest, responsive and responsible bidder and a third municipality that Cook
contacted requested that York Waste extend their contract for another two years -- a request that
York Waste rejected. The final community that Cook contacted recently stated, in a public
meeting, that York Waste's service had improved and that there was no intent to terminate the
contract.
77. Paragraph 77 is a conclusion of law to which no response is required and,
therefore, it is denied.
10
WHEREFORE, Plaintiff respectfully requests that this Court grant him the relief
requested. Specifically, Plaintiff respectfully requests that this Court void the contract between
Silver Spring Township and Penn Waste and either direct the Township to award the contract to
York Waste, as the lowest, responsive and responsible bidder, or direct the Township to rebid the
contract.
Respectfully submitted,
RHOADS & SINON LLP
By:
Kenneth L. Joel
One South Market quare
P. O. Box 1146
Harrisburg, PA 17 08-1146
(717) 233-5731
Attorneys for Plaintiff
11
VERIFICATION
deposes and says, subject to the penalties of 18 Pa. C.S. § 4904
relating to unworn falsification to authorities, that he makes this verification by its authority and
that the facts set forth in the foregoing document are true and correct to the best of his
knowledge, information and belief.
Date:
CERTIFICATE OF SERVICE
I hereby certify that on October 17, 2002, a true and correct copy of the foregoing Reply
to New Matter was served by means of United States mail, first class, postage prepaid, upon the
following:
Steven Stine, Esquire
23 Waverly Drive
Hummelstown, PA 17036
Steven M. Hovis, Esquire
STOCK & LEADER
35 South Duke Street
York, PA 17401
Carolyn . Heiges
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT F. WALTERS NO. 02-4408
Plaintiff
V.
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS OF SILVER
SPRING TOWNSHIP
Defendants
V.
PENN WASTE, INC. CIVIL ACTION IN EQUITY
Intervenor
MOTION OF INTERVENOR TO WITHDRAW AS A PARTY
AND NOW, this ?Wnkday of October, 2002, comes the Intervenor, Penn Waste, Inc., to
seek this Honorable Court's leave to withdraw as a party in the within action, and in support
thereof, avers as follows:
1. Movant is the Intervenor, Penn Waste, Inc.
2. On or about September 13, 2002, Plaintiff initiated the within action by way of
Complaint. The Complaint alleges, among other things, that Defendants acted improperly in
awarding the Silver Spring Township municipal waste and recycling contract to Penn Waste, Inc.
3. On or about September 13, 2002, Plaintiff concurrently filed a Motion with this
Court seeking the imposition of a Preliminary Injunction against Defendant, prohibiting
Defendant from allowing Penn Waste, Inc. to begin service and ordering the Township to use
York Waste, Inc. as the municipal refuse provider pending a final determination of the case.
4. Upon receiving notice of the Motion for Preliminary Injunction, Penn Waste, Inc.
filed a motion with this Court seeking permission to intervene in the within action so that it could
be represented at the Preliminary Injunction hearing. The Motion was not contested by the
parties, and was subsequently granted by the Court (Bayley, J.) by Order dated September 23,
2002.
5. The Injunction hearing was held before the Honorable Edgar B. Bayley on
September 26 and 27, 2002. By Order dated September 30, 2002, the Court denied the Motion
for Preliminary Injunction.
6. Penn Waste initially sought to intervene in the within action because it believed in
good faith that intervention was necessary for its interests to be adequately represented at the
expedited Preliminary Injunction hearing, and believing based on the allegations contained in the
Complaint that it was an indispensable party.
Upon hearing the testimony offered at the Preliminary Injunction hearing on
behalf of Silver Spring Township and on behalf of Robert F. Walters, Penn Waste now believes
that its interest is adequately represented in this case by the Defendants, and that there is no
further purpose in it remaining a party to the action. Accordingly Penn Waste, Inc. seeks leave
of this Honorable Court to withdraw from the within action.
8. Counsel for Plaintiff and Counsel for Defendant have received copies of the
within Motion and have affirmatively indicated that they consent and stipulate to the relief
sought hereby.
WHEREFORE, Intervenor, Penn Waste, Inc., respectfully requests that this Honorable
Court enter an Order designating Penn Waste Inc.'s withdrawal as a party from the within action.
Respectfully submitted,
Date
STOCK AND LEADER
M. ovis, Esquire
By: I.D. ven 9009
#5
Neil A. Slenker, Esquire
I.D. #77974
35 South Duke Street
P. O. Box 5167
York, PA 17405-5167
(717) 846-9800
F:\USERS\NS\PENN. WSnWITHDRAW.MOT
10/21/02
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT F. WALTERS NO. 02-4408
Plaintiff
V.
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS OF SILVER
SPRING TOWNSHIP
Defendants
V.
PENN WASTE, INC. CIVIL ACTION IN EQUITY
Intervenor
AND NOW, this 2, 2- day of D 6J-t> kA-_ , 2002, I, Neil A. Slenker,
Esquire, of the law firm of Stock and Leader, attorneys for Defendants, hereby certify that I
served the within MOTION OF INTERVENOR TO WITHDRAW AS A PARTY by
depositing same in the United States mail, first-class, certified mail, in York, Pennsylvania
addressed to:
Kenneth L. Joel, Esquire
RHOADS & SINON, LLP
1 S. Market Square
York, PA 17101
Steven A. Stine, Esquire
23 Waverly Drive
Hummelstown, PA 17036
STOCK AND LEADER
,Steven M. Hovis, Esquire
I.D. #59009
Neil A. Slenker, Esquire
I.D. #77974
35 South Duke Street
P.O. Box 5167
York, PA 17405-5167
(717) 846-9800
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT F. WALTERS
Plaintiff
V.
SILVER SPRING TOWNSHIP and
BOARD OF SUPERVISORS OF SILVER
SPRING TOWNSHIP
Defendants
V.
PENN WASTE, INC.
Intervenor
NO. 02-4408
CIVIL ACTION IN EQUITY
ORDER
AND NOW, this day r, 2002, upon consideration of Intervenor, Penn
Waste Inc.'s Motion to Withdraw as a Party, it is hereby ORDERED AND DECREED that
Intervenor's Motion is GRANTED, and upon the docketing of this Order, Penn Waste, Inc. shall
be deemed to have withdrawn from the within action WITH PREJUDICE.
dire
y
CIO
r c.a
h
Robert F. Walters
vs Case No. 02-4408 Equity
Silver Spring Township and
Board of Supervisors of Silver
Spring Township
Statement of Intention to Proceed
To the Court:
Robert F Walters intends to proceed with the above captioned matter.
Print Name x tb r rael Sign Name
Date: October 8, 2005 Attorney for Plaintiff
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the temrination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
I. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(6) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
temilnation on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
YT`s
7 7
N Yr,
Curtis R. Long
Prothonotary
®ffire of the Protbonotarr
QCumberranb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
C)2 , J141 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573