4.01 COMPLETENESS OF WORK The Contract Documents are intended to cover the complete and proper execution of the entire work. Details, parts and appurtenant work required to carry out their scope even though not delineated, described, mentioned or indicated, shall be furnished the same as if they were specifically shown or mentioned. This applies to the prices bid which shall be deemed to include such details, parts and appurtenant work.

4.02 DEFINITIONS Wherever in the Contract Documents, the following terms or pronouns used in their stead occur, they shall have the meaning here given: a. "Addendum" shall mean a written or telegraphic interpretation or revision of any of the Contract Documents transmitted to Bidders in advance of the opening of Proposals. b. "Change Order" shall mean a written order to the Contractor signed by the City ordering a change in Documents and is within the general scope and purpose of the work, as originally shown. c. "City" shall mean the City of York, York County, Pennsylvania or that person designated as the duly authorized representative of the City of York with offices located at 101 South George Street, York, Pennsylvania 17401. d. "Contract" or "Contract Agreement" shall mean the written agreement covering the performance of the work. The Contract shall include the executed Contract Agreement, Information for Bidders, Proposal, Bid or Proposal Bond, Contractor's Performance and Payment Bond, General Provisions, Special Provisions, Specifications, and any Addenda, Change Orders and Supplemental Agreements. e. "Contract Documents" shall mean the Contract Agreement, Information for Bidders, Proposal, Bid or Proposal Bond, Contractor's Performance and Payment Bond, General Provisions, Special Provisions, Specifications, and any Addenda, Change Orders and Supplemental Agreements. f. "Duly Authorized Representative" shall mean the person designated by the Mayor to act as the duly authorized representative of the City under this Contract. g. “Local Office” shall mean a location, within a 15-mile radius of the City, operated by the contractor that serves as a staging area for operations within the City. The Local Office will be served by phone and fax service that is answered by an employee of the contractor during regular business hours, Monday through Friday from 8 a.m. to 5 p.m. h. "Notice" shall mean a written notice. i. “Supplemental Agreement" shall mean a written agreement made and entered into by and between the Contractor and the City covering work for which there is no other provision. j. "Work" shall mean all matters and things herein agreed to be furnished or done by or on the part of the Contractor. k. Wherever in these Contract Documents the words "directed", "required", "permitted", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the City or its authorized representative is intended, and similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, or acceptable to, or satisfactory to the City or its authorized representative.

4.03 PERMITS, LICENSES AND BUSINESS PRIVILEGE & MERCANTILE TAX 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 his operations in accordance with the provisions of such permits or licenses, copies of same to be filed with the City. All drivers must be licensed in accordance with the State Commercial Drivers License Program. The Contractor shall be required to comply with Article 343, Business Privilege and Mercantile Tax (annual payment), of the Codified Ordinances of the City of York. This includes, but is not limited to, any business privilege tax.

4.04 CONTRACT SUPERVISION The Contractor shall have phone, fax and email service that is answered by an employee of the contractor during regular business hours, Monday through Friday from 8 a.m. to 5 p.m. He shall keep a competent representative or superintendent on the work daily who shall have full authority to receive and execute orders. The representative for daily oversight/supervision of the contract shall be available by cell phone Monday– Friday, 8 am–5 pm. For extended unavailability such as a vacation or an all-day training, an alternate representative shall be designated as the contact for the extended period of time. The City’s Environmental Services Supervisor shall be notified by email, of the alternate representative, their cell phone number and email address and the affected period of time. ]

The contractor shall employ and designate, a competent supervisor who shall be at all times in charge of the Contractor’s operation. The name and title of such person shall be provided to the City prior to collections commencing. Throughout this contract, the Contractor shall notify the City regarding any change in personnel as it relates to the City’s contract. Any complaints shall be transmitted to the Contractor’s Supervisor for prompt correction, and it shall be the duty of the said Supervisor to contact the Public Works Department at least once daily. The Contractor’s Supervisor or designated representative(s) shall meet with Public Works Department representatives each month or more/less frequently as determined by the Director of Public Works.

4.05 LAWS AND REGULATIONS The Contractor shall observe and comply with all laws, ordinances, rules, and regulations of local, state, and federal agencies or government governing those engaged or employed on the work, the materials or equipment used, or the conduct of the work.

Compliance With the Law: The Contractor acknowledges that the collection of Municipal Solid Waste, Recyclables and Yard Waste is subject to federal, state and local laws, ordinances, rules and regulations, and specifically to the York County Solid Waste Authority Rules and Regulations and York City's Codified Ordinances. The Contractor agrees that all such laws, ordinances, rules and regulations are incorporated into and made part of this Contract as set forth in full and that any breach thereof by the Contractor shall be deemed a material breach of this Contract.

Special Requirements: Contractor shall conduct the work herein described in accordance with Act 101, the Municipal Waste Planning, Recycling and Waste Reduction Act and any and all applicable state, county, local, and federal regulations.

4.06 CITY NOT LIABLE The following Indemnification Agreement shall be, and is hereby, a provision of the contract and shall be endorsed on the reverse sides of all certificates of insurance: “The Contractor agrees to protect, defend, indemnify, and hold the City of York and its officers, employees, and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character in connection with or arising directly or indirectly out of this agreement and/or the performance hereof. Without limiting the generality of the foregoing, any and all such claims, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. It is expressly understood and agreed that contractor's duty of indemnification herein includes, but is not limited to, the duty to defend and indemnify for all claims arising from alleged or actual violation of federal or state environmental protection or pollution control statute(s). This indemnification further includes any civil claim for personal injury or property damage arising from the alleged or actual violation of federal or state environmental protection or pollution control statute(s).” The Contractor further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc., at his sole expense and agrees to bear all other costs and expenses related thereto, even if it (claims, etc.) is groundless, false, or fraudulent. In any case in which such indemnification would violate any applicable legal prohibition, the foregoing provisions concerning indemnification shall not be construed to indemnify the City for damage arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City or its employees.

4.07 EXAMINATION AND INSPECTION OF WORK All work done under this Contract shall be in full accordance with the Contract Documents and shall be subject to the most thorough inspection. The City shall be furnished with every reasonable facility for ascertaining whether the work complies with the requirements and intentions of this Contract, but the inspection of the work shall not relieve the Contractor of any of his obligations to fulfill his Contract as herein prescribed.

4.08 CONTRACTOR'S BOND Simultaneously with the execution and delivery of the Contract, the Contractor shall give security for the performance of his obligation by filing a bond with the City in the form annexed to the Contract Agreement and entitled "Contractor's Performance and Payment Bond", executed by the Contractor and by a surety or sureties approved by the City and in the amount of one hundred percent (100%) of year one of the contract bid price to be renewed annually (at the upcoming year bid price; including the annual adjustment) for such amount and remain in full force and effect for the life of the Contract. Thereafter, such renewal shall be made thirty (30) days in advance of the expiration date of the existing bond.

In case any of the sureties upon the Bond shall become insolvent or unable, in the opinion of the City, to pay promptly the amount of such Bond to the extent to which surety might be liable, then the Contractor, within five (5) days after notice by the City to the Contractor, shall, by supplemental bond or otherwise, substitute another sufficient surety approved by the City in place of surety so insolvent or unable. If the Contractor shall fail, within five (5) days or such further time, if any, as the City may grant, to substitute another and sufficient surety then the Contractor shall, if the City so elects, be deemed to be in default in the performance of his obligations hereunder and upon the said bond; and the City in addition to any and all other remedies, may terminate this Contract or may bring any proper suit or proceedings against the Contractor and the sureties, or either of them, or may deduct from any monies then due or which thereafter may become due to the Contractor under this Contract the amount for which the surety insolvent or unable as aforesaid shall have justified on the bond, and the monies so deducted shall be held by the City as collateral security for the performance of the condition of the bond.

a) In accordance with Pennsylvania Act No. 1990-171 (8 P.S. 193.1), before any contract exceeding five thousand dollars ($5,000) for the construction, reconstruction, alteration or repair of any public building or other public work or public improvement, including highway work, of any contracting body is awarded to any prime contractor, such contractor shall furnish to the contracting body the following financial security, which shall become upon the awarding of said contract to such contractor:

1) Any financial security, acceptable to and approved by the contracting body, including, but not limited to, Federal or Commonwealth charted lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions, equal to one hundred percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. Such financial security shall be solely for the protection of the contracting body which awarded the contract.

2) Any financial security, acceptable to and approved by the contracting body, including, but not limited to, Federal or Commonwealth charted lending institution irrevocable letters or credit and restrictive or escrow accounts in such lending institutions, equal to one hundred percent of the contract amount. Such financial security shall be solely for the protection of claimants supplying labor or materials to the prime contractor to whom the contract was awarded, or to any of the subcontractors, in the prosecution of the work provided for in such contract and shall be conditioned for the prompt payment of all such material furnished or labor supplied or performed in the prosecution of the work. "Labor or materials" shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is used at the site.

b) Any bond or other financial security under the provisions of this act shall be executed by one or more surety companies or Federal or Commonwealth Chartered Lending Institutions, chosen by the party posting the financial security and acceptable to the contracting body, legally authorized to do business in the Commonwealth of Pennsylvania.

c) A duplicate copy of each financial security, including bonds, shall be filed in the office of the contracting body which awarded the contract for which such bonds or financial security were given.

d) For purposes of this section, the Phrase "contracting body" shall mean any county, school district, intermediate unit, area vocational-technical school, city, borough, incorporated town, township, home-rule municipality, and any authority formed under the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."

e) For the contracting body as defined in subsection d), the provisions of this section supersede the provisions of section 3 of this act.

4.09 INSURANCE The Contractor, prior to commencing work, shall provide at his own cost and expense the following insurance to the City of York from insurance companies licensed in the State of Pennsylvania, which insurance shall be evidenced by certificates and/or policies shall require that thirty days prior to cancellation or material change in the policies, notice thereof shall be given to the Solicitor of the City of York by registered mail, return receipt requested, for all of the following stated insurance policies. All such notices shall name the Contractor and identify the contract name and number if applicable. All insurance policies required shall be maintained in full force until all work under this Contract is completed, as evidenced by the formal acceptance thereof, in writing by the City. On all insurance certificatesthe City shall be named as additional insured for all operations performed for the City of York by the Contractor. The Bidder to whom the Contract is awarded shall upload to the City’s designated portal, within ten (10) calendar days after the date of official notice of award of the Contract, insurance certificates, evidencing that he has provided the required coverages. All insurance must be approved and accepted by the City. He may be required at a later date and upon specific request by the City, to furnish certified copies of any or all insurance policies related to protection for the work under the Contract. The City shall not be liable for the payment of any premiums under the foregoing, and the certificates or policies shall be endorsed to that effect. Neither approval by the City, nor a failure to disapprove insurance certificates by the Contractor shall release the Contractor of full responsibility for all liability as set forth in the indemnification clauses stated in the Contract Agreement. The Minimum requirements of insurance to be carried by the Contractor shall be as follows:

a) Worker's Compensation Insurance as required by the Worker's Compensation Act of the Commonwealth of Pennsylvania and/or any other applicable Worker's Compensation Law and any reenactments, supplements, or amendments thereto.

b) General Liability Insurance with minimum combined single limit of liability per occurrence of $1,000,000 for personal injury and property damage. This insurance shall indicate on the certificates of Insurance the following coverages:

(1) Premises - Operations

(2) Independent Contractor and Sub-Contractor

(3) Products and Completed Operations

(4) Broad Form Contractual

c) Automobile Liability Insurance naming the City as Additional Insured, to cover each truck, automobile, vehicle, or other mechanical equipment, whether owned or leased by the Contractor, used in performance of work under this Contract for bodily injury, including wrongful death, to any one person and subject to the same limit for each person, and for property damage of not less than One Million Dollars ($1,000,000.00) per occurrence. This insurance shall include for bodily injury and property damage the following coverages:

(1) Owned Automobiles

(2) Hired Automobiles

(3) Non-Owned Automobiles

d) Contractor must provide an umbrella insurance policy for up to $2,000,000 each for General Liability Insurance and Automobile Liability Insurance. All insurance shall provide minimum combined single limit of liability per occurrence, of $1,000,000 for personal injury and property damage. Said insurance shall provide that the term "Owner" or "City of York" shall be deemed to include all authorities, boards, bureaus, commissions, divisions, departments, districts, and offices of the City and the individual members, employees, and agents thereof in their official capacities.

e) If any part of the work under this Contract is to be performed by a subcontractor, the prime contractor shall carry on his own behalf Contractor's Protective Liability Insurance for both bodily injury and property damage for the same limits as specified above, and be responsible for each subcontractor maintaining liability insurance as specified above. This insurance contract shall name the City of York as insured and remain in effect until the contract period is completed.

Additional Requirements: If any of the Property and Casualty Insurance requirements are not complied with at their renewal dates, payments to the Contractor will be withheld until those requirements have been met, or at the option of the City, the City may pay the Renewal Premium and withhold such payment from any monies due the Contractor. All property losses shall be made payable to and adjusted with the City. All policies and certificates of insurance shall be approved by the City of York prior to the inception of any work. Only insurance companies with a best rating of A13 or better will be accepted. Companies with ratings of less than A13 will require approval. Other coverages may be required by the City of York based on specific needs. If such other coverages are required for a specific contract, those coverages will be described in the "Special Conditions" of the contract specifications. If at any time any of the foregoing policies shall be or become unsatisfactory to the City, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the City, the Contractor shall, upon notice to the effect from the City, promptly obtain a new policy, submit the same for approval to the City of York, and submit a certificate thereof as hereinabove provided. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as above provided, this contract, at the discretion of the City, may be forthwith declared suspended, discontinued, or terminated. Failure of the Contractor to take out and/or maintain, or the taking out and/or maintenance of any required insurance, shall not relieve the Contractor from any liability under the Contract, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Contractor concerning indemnification. In the event that claims in excess of the insured amounts provided herein are filed by reason of any operations under the contract, the amount excess of such claims, or any portion thereof, may be withheld from payment due or to become due the Contractor until such time as the Contractor shall furnish such additional security covering such claims as may be determined by the City of York. All policies and certificates of insurance of the Contractor shall contain the following clauses:

(1) Insurers shall have no right of recovery of subrogation against the City of York (including its agents and agencies as aforesaid), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance.

(2) The clause "other insurance provisions" in a policy in which the City of York is named as an insured shall not apply to the City of York.

(3) The insurance companies issuing the policy or policies shall have no recourse against the City of York (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy.

(4) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of the Contractor.

4.10 ASSIGNING OR SUBLETTING The Contractor shall, at all times and in all respects, be the party primarily responsible to the City for the performance of the Contract. The Contractor shall not sell, transfer, assign, or otherwise dispose of to anyone, his obligations to the City or any payment or payments which may accrue hereunder without prior written consent of the City, said consent to be granted or withheld in the sole discretion of the City. Subject to the provisions given below and to the written approval of the City, work may be sublet. Requests for permission to sublet any portion of the Contract shall be made to the City in writing, and accompanied by proof that the organization which will perform the work is particularly equipped and capable to perform such work. Insurance shall be provided by the Contractor, on behalf of each subcontractor, to cover the sublet work, as specified herein above and proof of such insurance furnished to the City, together with the above-mentioned requests. Sublet work shall not begin until approval thereof has been secured from the City. It is understood, however, that any consent of the City for subletting of any of the work under the Contract in no way relieves the Contractor from his full obligations under the Contract. The Contractor shall be responsible for all acts or omissions of any subcontractor or supplier and shall be liable for all damage(s) caused by acts or omissions of any subcontractor or supplier. The consent to sublet any part of the work, or obtain supplies, shall not be construed to be an approval of the said subcontract or any of its terms, but shall operate only as an approval of the making of a subcontract between the Contractor and Subcontractor. The subcontractor agrees, as a condition of entering into a subcontract on the work, that he shall make no claim whatsoever against the City or its officers, servants, agents, or employees for any work performed or thing done by reason of said subcontract, or for any other cause whatsoever that may arise by reason of the relationship created between the Contractor and subcontractors by the subcontract. The City will not consent to the making of any subcontract unless the proposed subcontractor furnishes a statement to the effect that said subcontractor is acquainted with all the provisions of the Contract and agrees thereto. The provisions of the Contract as to performance by the Contractor shall apply to any subcontractor, his officers, agents or employees in all respects as if he and they were employees of the Contractor, and the work and materials furnished by the subcontractor shall be subject to the provisions hereof as if furnished directly by the Contractor.

4.11 EMPLOYMENT OF WORKERS With respect to all work to be performed under this Contract, the parties to this Contract do hereby agree:

a) In hiring of persons for the performance of work under this Contract or any subcontract hereunder, neither the Contractor or any of his subcontractors, nor any person acting on behalf of the Contractor or subcontractor, shall, by reason of race, religious creed, color, national origin, sexual orientation or ancestry, discriminate against any person who is qualified and available to perform the work to which the employment relates.

b) Neither the Contractor or any of his subcontractors, nor any person acting on their behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this Contract or any subcontract hereunder on account of race, religious creed, color, national origin, sexual orientation or ancestry.

4.12 ABANDONMENT OR DEFAULT BY CONTRACTOR If the Contractor fails to begin work under the Contract within the prescribed time, or if the work to be done under this Contract be abandoned by the Contractor, or if the performance of the Contract is unnecessarily, unreasonable, or negligently delayed by the Contractor, or, if the Contractor is violating any of the conditions or covenants of this Contract of the Specifications; or is not executing the same in good faith, or in accordance with the terms thereof or evades the order of the City; or if the work be not completed within the time named in this Contract, or within the extended time as herein elsewhere provided, or, if the contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, the City may give notice in writing to the Contractor and his Surety of such delay, neglect or default, specifying the same; and, if the Contractor shall not proceed to cure such defect within a period of five (5) days after such notice, then the City shall have full power and authority to:

a) Declare the Contractor to be in default, and the City may thereupon notify the Contractor, by written notice, to discontinue all work or any part thereof under this Contract and thereupon the Contractor shall discontinue the work or such part thereof, and the City shall thereupon have the right either for the Contractor, for his account and at his risk or otherwise as the City may determine, to contract for the completion of the work or such part thereof, or to place such and so may persons as it may deem advisable, by contract or otherwise, to work and complete the work herein described or such part thereof, to take possession of and use any or all of the material, plant, tools, appliances, equipment, supplies, and property of every kind provided by the Contractor for the purpose of his work and to procure other materials, plant, tools, appliances, equipment, supplies, and property to the Contractor. The expense so charged may be deducted and paid by the City of such monies as may be due or may at any time thereafter grow due to the Contractor under and by virtue of this Contract. And the Contractor shall, upon completion of the work of such part thereof or from time to time during the course of the completion of the work or such part thereof, as the City may require, forthwith pay to the City with interest, the excess, if any, of the cost to the City of the completion of the work or such part thereof, over the amount payable to the Contractor for the same work or such part thereof, for the same work and materials under the terms of this Contract. The completion of the work or such part thereof by the City shall not release or discharge the Contractor from liability with respect to the remainder of the work or any other obligations or liability hereunder, and, when any particular part of the work is being carried on by the City by contract or otherwise under the provisions of this paragraph, the Contractor, unless he shall have been directed to discontinue all work, shall continue the remainder of the work in conformity with the terms of this Contract and in such manner as in no wise to hinder, or interfere with other contractors of the City or with the persons or workmen employed, as above provided, by the City by contract or otherwise, to do any part of the work or to complete the same under the provisions of this paragraph, or,

b) Declare this Contract at an end except as to the liability of the Contractor hereinafter in this paragraph provided for and the City shall thereupon have the right to contract for the completion of the work, or to place such and so many persons as it may deem advisable; by contracting otherwise to work and complete the work herein described; to take possession of and use all the materials, plants, tools, appliances, equipment, supplies, and property of every kind provided by the Contractor for the performance of his work and to procure other materials, plant, tools, appliances, equipment, supplies, and property for the completion of the same. In case the expense of the City of completing the work (including the expense of procuring other materials, plant, tools, appliances, equipment, supplies, and property) shall exceed the amount which would have been payable to the Contractor for the same work and materials under this Contract if the Contract had been completed by the Contractor, the Contractor shall, upon completion of the work or from time to time during the course of the completion of the work as the City may require, pay the amount of such excess, with interest, to the City. The Contractor shall also pay the City the amount of any claim for which the City may be liable for injury to persons or property occurring on account of any work, done by the Contractor under this Contract, whether by reason of the negligence, fault, or default of the Contractor, and shall also pay to the City the amount of any other expense which the City may incur or be liable for, and the amount of any payment which the City may be required to make, and the amount of any loss or damage which the City may incur, or suffer, by reason of any neglect, fault or default of the Contractor; and,

c) The City may also proceed as it shall deem proper upon the bonds or other security in its possession; and

d) The City may also bring any suit or proceedings for specific performance or for injunction or to recover damages or to obtain any other relief or for any other purpose proper under this Contract.

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