Waste Management Loses Refuse Bid to J.P. Mascaro & Sons

Coopersburg Borough Council has changed its mind again when it comes to trash collection, and the winner this time is the current hauler, J.P. Mascaro & Sons.

At its Feb. 22 meeting, Council rescinded the bid award previously given to Waste Management, then awarded the contract to Mascaro. Earlier this month, council rescinded the contract with Mascaro, which was approved at the Jan. 25 meeting, and awarded it to Waste Management.

Council listened at this week's meeting as representatives from Mascaro -- including company president Pat Mascaro -- and Waste Management discussed their competing refuse proposals.

Council members had some questions regarding the insurance coverage offered in the contract that Waste Management initially had submitted with its bid. The form was unclear as to what additional insurance coverage the borough would have in case of an accident.

The borough requires specific insurance information to be included with initial bids, which according to council, Waste Management failed to supply. A representative from Waste Management insisted the form provided to council was a standard form used in many bids and has never been in question.

According to Councilman Dennis Balascak, the failure of Waste Management to comply with the insurance certificate requirements is a red flag and, in his opinion, “a pretty significant omission.”

Balascak continued, “During the bid process everyone is a bidder and is responsible for meeting each part of the bid process. Waste Management clearly hadn’t provided everything we asked for, basically rendering their bid non-responsive, in my opinion.”

Council also expressed concern about several loopholes it found with the wording in Waste Management’s bid proposal.

Shane Caswell, District Manager for Waste Management, spoke on behalf of the company with intentions to clarify the contract details. He said there seemed to be a “misunderstanding.”

William Fox, attorney for Mascaro, assured council that his company's bid was accurate and provided the detailed insurance information that the borough had initially requested.

Fox continued, “You asked for something specific. You said if [bids] don’t provide it, the bid is not going to be eligible.”

Mayor Tim Paashaus said he was impressed that not only Fox was present to speak, but also Mascaro president Pat Mascaro and local sales representative Sam Augustine.

Pat Mascaro, who has been in the refuse business for 40 years, spoke directly to council about how Mascaro & Sons values its association with the borough.

“We’ve worked hard here over the last six years," said Mascaro.  “It is disturbing to me that borough council has to sit and be made to look like the bad people. [Council] set the rules [for the bid]. You made it clear in your specifications. This is not the first time they’ve [Waste Management] dropped the ball. They were given the documents just like the rest of the bidders were given. They did not meet the letter of the law. They don’t have a legal position.”

Once discussion was finished, Balascak moved to rescind the bid award to Waste Management. Councilwoman Linda Minarik seconded the motion. The motion carried unanimously.

Balascak then moved that the borough’s garbage and refuse collection contract be awarded to Mascaro for the term of three years for two times per week collection as per the bid. Minarik seconded the motion. The motion carried unanimously.

In adition to the refuse issue, council discussed problem spots for excessive water run-off due to melting snow and ground springs. Some of the problem areas include Carriage Drive and an area near the Charles Street Apartments.

Paashaus noted that he’s been receiving calls from residents with concerns about the lack of communication from the zoning officer. Council said it would have a committee research the issue and find a solution to improve communication for the residents.

Council also approved the motion to send Councilman Richard Nalichowski to attend the 100^th Anniversary of the Boroughs Association, which will be held in Hershey on April 10-13.

Council also announced that Borough Engineer William Erdman was recently awarded the title of “Engineer of the Year.”