BOROUGH OF FOX CHAPEL BIDS FOR RUBBISH CONTAINER BINS. CONTRACT NUMBERS and 08-06

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BIDS FOR RUBBISH CONTAINER BINS CONTRACT NUMBERS 08-05 and 08-06 December 2008

FOX CHAPEL BOROUGH County of Allegheny, Commonwealth of Pennsylvania BIDS FOR RUBBISH CONTAINER BINS CONTRACT NUMBERS 08-05 AND 08-06 TABLE OF CONTENTS SECTION ADVERTISEMENT FOR BIDS INSTRUCTION TO BIDDERS PROPOSAL DETAILED SPECIFICATIONS A B C D

OFFICIAL NOTICE BOROUGH OF FOX CHAPEL Separate and sealed proposals will be received by the Borough of Fox Chapel, 401 Fox Chapel Road, Pittsburgh, PA 15238, until 2:30 p.m., prevailing time, on Tuesday, December 9, 2008 and opened and read immediately thereafter, for the following contract: Borough of Fox Chapel Bids for Rubbish Bins Contract Numbers 08-05 and 08-06 All bids must be sealed and addressed to Gary J. Koehler, Borough Manager, Fox Chapel Borough, 401 Fox Chapel Road, Pittsburgh, PA 15238 and the words "Proposal for Rubbish Container Bins, Contract No. 08-05 and/or Contract No. 08-06" written on the outside of the envelope. Each proposal must be accompanied by a certified check, cashier's check, or bid bond in the amount of ten percent (10%) of the bid price, made payable to the Borough of Fox Chapel. Specifications, bid blanks, and all necessary information may be obtained at the office of the Borough Manager, 401 Fox Chapel Road, Pittsburgh, PA 15238. The Borough reserves the right to waive any informality or immaterial discrepancy in any bid, to accept bids with or without separately price alternates and to reject any and all bids. No bid may be withdrawn for a period of sixty (60) days after the scheduled closing time for the receipt of bids. A contract between the bidder and the Borough will arise when a contract, on Borough forms, is fully executed by the bidder and the Borough, not when an apparent low bidder is identified or an award approved or announced by the Borough staff or Council. GARY J. KOEHLER Borough Manager SECTION A

* INSTRUCTIONS TO BIDDERS * 1) The bidder is responsible for submitting a bid that will conform to all existing Federal, Commonwealth, County and Borough laws and regulations. Attention is called specifically to the State requirement relative to licensing of corporations and registrations or partnerships and fictitious names. 2) The proposal and bidding schedule are furnished herein and must be completed, signed, and submitted to the office of the Borough Manager of the Borough of Fox Chapel in accordance with the appropriate specification. THE BID PROPOSAL MUST BE SUBMITTED ON OFFICIAL BOROUGH FORMS. 3) Each proposal shall be clearly marked on the outside of an envelope as a sealed bid. The name of the item for which the bid is submitted also shall be indicated on the outside of the envelope. 4) No responsibility will attach to any Borough representative for the premature opening of a bid not properly addressed and identified. 5) Each bid proposal shall be accompanied by a certified check, cashier's check, or bid bond drawn to the order of the Borough of Fox Chapel in the amount of ten percent (10%) of the bid price without any deductions for any trade-in allowance, if any. 6) The bid bond or deposit will be returned to the successful bidder upon the signing of the Contract and posting of the performance bond. The bid bond or deposit will be returned to all unsuccessful bidders within thirty (30) days after execution of the Contract with the successful bidder. The bid bond will be forfeited if a bidder improperly attempts to withdraw its bid and/or if a bidder refuses to execute a contract tendered by the Borough within five (5) days of the tendering of the Contract. 7) Any alteration, erasures, additions, or omissions of required information or any change of specifications or bidding schedule is done at the risk of the bidder and may result in the rejection of the bid. In case of discrepancies or omissions or if the bidder is in doubt as to the meaning of specifications or bidding schedules, he/she should at once notify the Borough. Changes in specifications will be issued in official supplements and copies sent simultaneously to any and all bidders. 8) All prices quoted shall be based upon delivery and installation, after receipt of formal purchase order or notice of award issued by the Borough, to any and all points within the limits of the Borough of Fox Chapel (unless otherwise specified) with all charges prepaid to any point of actual delivery. SECTION B Page - 1

INSTRUCTIONS TO BIDDERS cont. 9) Price will be quoted without Federal Excise or Transportation Taxes or Commonwealth of Pennsylvania Sales Tax, as the Borough of Fox Chapel is exempt from such taxes. Exemption certificate will be issued to cover the amount of such Federal and State Taxes. 10) It is understood by both the Borough of Fox Chapel and bidder that bidder is representing that all trade names, catalog numbers, or bids "as per sample" offered on a bid meet the specifications. It is further understood that the decision of the Borough of Fox Chapel as to the conformity of the items to the specifications shall be final. 11) The Borough of Fox Chapel will reject any materials, supplies or equipment that does not meet the specifications even though the bidder lists the trade name or names of such materials on the bid or price quotation form. 12) All materials, supplies and workmanship shall be subject to rigid inspection under the immediate supervision of the Borough Manager or his/her designate. If defective materials, supplies or workmanship are discovered, the successful bidder, upon being instructed by the Borough Manager, shall make good such materials, supplies or workmanship without extra compensation. It is expressly understood and agreed that the inspection of materials by the Borough of Fox Chapel will in no way lessen the responsibility of the Contractor or release him/her from his/her obligation to perform and deliver to the Borough of Fox Chapel sound and satisfactory materials, supplies or workmanship and does not constitute an acceptance thereof. 13) The Borough of Fox Chapel reserves the right to reject any and all bids or quotations, to waive any immaterial discrepancies in the bids, quotations, or specifications when deemed to be in the best interest of the Borough of Fox Chapel, and also to purchase any part, all or none, of separately priced or unit priced materials, supplies or equipment specified. 14) Failure of the bidder to sign the bid or have the signature of an authorized representative or agent (with evidence of authority attached in the case of signators who are not general partners or principal officers of the bidder) on the bid proposal in the space provided will be cause for rejection of the bid. Signatures must be written in ink. 15) Any bidder may withdraw his bid at any time before the time set for receipt of bid. No bid may be withdrawn for a period of sixty (60) days after bids are received unless otherwise stated in the advertisement. No bid may be withdrawn after an award is made within said sixty (60) day period. A contract between the bidder and the Borough will arise when a contract, on Borough forms, is fully executed by the bidder and the Borough, and not when an apparent low bidder is identified or an award approved or announced by the Borough staff or Council. SECTION B Page - 2

INSTRUCTIONS TO BIDDERS cont. 16) It is mutually understood and agreed that a purchase order constitutes a valid contract in accordance with the Specifications, Articles of Agreement and Instructions to Bidders when an order is issued by the Borough of Fox Chapel for the materials or supplies specified thereof. 17) The Contract will contain a termination for convenience clause, wherein the Borough will be permitted to terminate the Contract at any time and pay only for work performed to the date of termination and for out-of-pocket expenses incurred or committed and not cancelable through the date of termination. This clause will be considered a part of the Contract whether or not specifically set forth therein. SECTION B Page - 3

SPECIFICATIONS FOR RUBBISH CONTAINER BINS CONTRACT NUMBERS 08-05 and 08-06 DETAIL SPECIFICATIONS 1. GENERAL BOTH CONTRACTS A. The successful bidder shall agree that in the hauling and disposing of rubbish it will comply with all regulations of the district in which it disposes of the rubbish, together with all regulations of the County of Allegheny, the Commonwealth of Pennsylvania and the U. S. Environmental Protection Agency pertaining to the hauling and disposal of rubbish. B. Containers shall be furnished or removed by the successful bidder no later than twenty-four (24) hours after notice from the Borough. If call is made on a Friday, pickup must be made on Monday or if Monday is a holiday, on Tuesday. The compactor container MUST be exchanged on Tuesdays between 8 A.M. and 3 P.M. unless otherwise approved. Pull slips for both bins MUST be signed by someone in the Administrative office. Failure to do so will result in nonpayment for the pull. C. The successful bidder for each Contract shall furnish the Borough a Performance Bond for the length of and in the total amount of the total Contract. Alternatively, the successful bidder for each Contract may furnish the Borough a Performance Bond by January 1 of each year for the length of and in the amount of the Contract then outstanding and cancel the prior year s bond. D. The successful bidder for each Contract shall furnish the Borough a certificate of insurance showing it is covered by liability insurance in a minimum amount of one million dollars ($1,000,000) with the Borough of Fox Chapel named as an additional insured. Such insurance shall remain in effect for the life of the Contract. E. The period covered by the Contract shall be January 1, 2009 to December 31, 2011, the Borough reserving the right to award contracts for one, two or three years. F. Employees of the successful bidder shall exercise care not to damage any property of the Borough. SECTION D Page - 1

DETAIL SPECIFICATIONS RUBBISH CONTAINERS 2. COMPACTOR RUBBISH BIN SERVICE (CONTRACT NO. 08-05) A. Prior to submitting a proposal, bidder should inspect the compactor unit with which the container will be used to ascertain that the containers on which a bid is being made will properly fit the compactor unit. The compactor may be seen at the rear of the Fox Chapel Borough Building, 401 Fox Chapel Road, Pittsburgh, PA 15238 during normal business hours. B. The container to be furnished shall have a capacity of not less than forty (40) cubic yards of compacted material. 3. OPEN RUBBISH BIN SERVICE (CONTRACT NO. 08-06) A. The containers to be furnished shall have a capacity of not less than thirty (30) cubic yards. Prior to removal, all filled containers shall be securely covered. 4. PULLS ARE ESTIMATED The number of pulls indicated on the Proposal for each of the Contracts are estimates only and the actual payments to the Contractor(s) will be based on the number of pulls actually made. 5. AWARD OF CONTRACT The Borough reserves the right to award Contracts for either Contract on a 1- year, 2-year or 3-year basis. The lowest responsible bidder for each Contract will be determined based on the lowest bid for the 1-year contract, the lowest bid for the combined 2-year contract price, net of any discount, and the lowest bid for the combined 3-year contract price, net of any discount. The Borough reserves the right to waive any informality or immaterial discrepancy in any bid, to accept bids with or without separately price alternates and to reject any and all bids. No bid may be withdrawn for a period of sixty (60) days after the scheduled closing time for the receipt of bids. A contract between the bidder and the Borough will arise when a contract, on Borough forms, is fully executed by the bidder and the Borough, not when an apparent low bidder is identified or an award approved or announced by the Borough staff or Council. SECTION D Page - 2