CONTRACT DOCUMENTS

FOR

2026-2029 TOWNSHIP FACILITIES

TRASH & RECYCLABLE MATERIALS

COLLECTION & DISPOSAL

IN

LOWER MAKEFIELD TOWNSHIP

BUCKS COUNTY

PENNSYLVANIA

I. Instructions to Bidders

II. General Specifications

III. Detailed Specifications

IV. Checklist and Attachments

V. Proposal

June 2026

Project No. – LMT26-02

Prepared By:

Lower Makefield Township

Department of Public Works 1100 Edgewood Road

Yardley, PA 19067

INVITATION TO BID

OWNER: Lower Makefield Township

1100 Edgewood Road

Yardley, PA 19067

Lower Makefield Township will receive bids for the 2026-2029 TOWNSHIP FACILITIES TRASH &

RECYCLABLE MATERIALS COLLECTION & DISPOSAL for a period beginning September 1, 2026 and ending on December 31, 2029. Bids will be received until July 30, 2026 and must be submitted online through the

PennBid electronic procurement program prior, at which time they will be opened and read aloud at the Lower

Makefield Township Building at 1100 Edgewood Road, Yardley, PA 19067.

All documents and solicitation details are available at no cost through PennBid (https://pennbid.bonfirehub.com).

PennBid will assess only bidders who are awarded a contract fee of 1/3% (0.0033) of the contract value. There is a minimum award fee of $100 and a maximum of $5,000.

The contract work will include furnishing dumpsters for the collection of municipal waste and single stream recyclable materials from certain Township Facilities, and providing for the disposal of this waste and single stream recyclable materials at the required pickup frequencies.

Bidders are required to provide Bid Security in an amount equal to ten percent (10%) of the total bid proposal. Bid

Security may be provided in the form of a certified check or a bid bond issued by a Surety Company licensed to transact such business in the Commonwealth of Pennsylvania. The successful bidder shall also provide a

Performance Bond in the amount of 100% of the awarded contract value.

Only those questions submitted online via PennBid shall be considered. Questions received after 12:00 PM

Thursday, July 23, 2026, regarding the project will not be acknowledged.

Lower Makefield Township reserves the right to accept or reject any or all bids on any basis, and to accept either in whole or in part any one bid or combination of bids and to accept the bid which it determines is in its best interest.

Lower Makefield Township further reserves the right to waive any informality in the bidding as permitted by law.

David W. Kratzer, Jr.

Township Manager

Ad Dates: July 7, 2026 & July 15, 2026

Lower Makefield Township Page 1 of 29 2026-2029 Township Facilities Trash & Recyclable Materials Collection & Disposal

I. INSTRUCTIONS TO BIDDERS

A. Scope of Work:

The work to be performed shall consist of the collection and disposal of municipal waste and single stream recyclable materials, as defined herein (see Part III. (“Detailed Specifications”), Section A. (“Definitions”), from facilities of Lower Makefield Township Bucks County, Pennsylvania (hereinafter referred to as “Township”).

B. Examination of Township:

Bidders shall inspect the Township facilities so that they make their own judgment with respect to all the circumstances affecting the cost of the services in question and the nature of the work to be performed. Bidders who have signed and submitted bids will be regarded as being familiar with the conditions to be encountered and with the requirements of these specifications. Bidders shall assume all risks, whether or not patent, latent, known, hidden or foreseeable.

C. Specifications and Documents:

Bidders are advised to carefully examine the Specifications and all Documents describing the proposed work before submitting proposals and make their own independent judgment with respect to the circumstances affecting the cost of work and the performance required. Bidders shall be, and hereby are, directed to inspect the Township so that they might make their own judgment with respect to all the circumstances affecting the cost of the services in question and the nature of the work to be performed.

D. Scope and Area of Collection:

The award of the Bid will require the successful bidder to supply all labor, tools, machinery, plant and equipment, including receptacles as described in the column “Container Type” in the chart immediately below, and to perform all the work of collecting, removing, hauling and disposal of municipal waste and recyclable materials as required by the Bid Specification from the following locations:

SERVICE

LOCATION

ADDRESS

CONTAINER

TYPE

PICKUP

FREQUENCY

PICKUP

DAYS

SEASONAL

LMT Admin Building

1100 Edgewood Road 6 CY Municipal

Waste 2x per Wk M, Th NO

LMT Admin Building

1100 Edgewood Road 6 CY Recycle

Materials 1x per Wk W NO

LMT Community Center

1550 Oxford Valley Road 4 CY Municipal

Waste 1x per Wk Th NO

LMT Community Center

1550 Oxford Valley Road 2 CY Recycle

Materials Every Other

Wk

W NO

Macclesfield Park 1000 River Road 6 CY Municipal

Waste 2x per Wk M, Th YES (A)

Macclesfield Park 1000 River Road 6 CY Municipal

Waste 1x per Wk Th YES (B)

Greg Caiola Park 1100 Edgewood Road 6 CY Municipal

Waste 2x per Wk M, Th YES (A)

Fred Allen Park 1198 Oxford Valley Road 6 CY Municipal

Waste 2x per Wk M, Th YES (A)

Memorial Park 1950 Woodside Road 4 CY Municipal

Waste 1x per Wk Th YES (A)

Lower Makefield Township Page 2 of 29

Kids Kingdom 1050 Edgewood Road 6 CY Municipal

Waste 2x per Wk W, F YES (A)

Kids Kingdom 1050 Edgewood Road 6 CY Municipal

Waste 1x per Wk Th YES (B)

LMT Pool 1050 Edgewood Road 6 CY Municipal Waste

3x per Wk M, W, F YES (C)

LMT Pool 1050 Edgewood Road 6 CY Municipal Waste

3x per Wk M, W, F YES (C)

LMT Pool 1050 Edgewood Road 4 CY Municipal

3x per Wk M, W, F YES (C)

SEASONAL SCHEDULES:

SCHEDULE A - 8 Months - Service April 1 - Nov 31

SCHEDULE B - 4 Months - Service Dec 1 - March 31

SCHEDULE C - 5 Months - Service May 1 - Sept 30

E. Term of Bid Specification:

The Township shall award a contract under the Bid Specification for the term commencing on September 1, 2026 and concluding on December 31, 2029. The contract awarded hereunder will be for continuous performance over the full term. The contractor shall be compensated in accordance with his/their/its proposal. The Township reserves the right to award the contract that will best serve the Township’s needs, in its sole discretion.

F. Conditions of Work:

Bidders must inform themselves fully of all the conditions relating to the work in question. Failure to do so will not relieve the successful bidder of their obligation to furnish and perform the work which forms the basis of this proposal or to carry out the provisions of the contract with respect to performance of the contemplated work set forth in his bid. Bidders who have signed and submitted bids will be regarded as being familiar with the conditions to be encountered and with the requirements of these specifications.

To the extent possible, the successful bidder in the execution of the work called for in this proposal shall employ such methods or means as will avoid any interruption or interference with the operation of the affairs of the Township.

It is likewise understood and required that the successful bidder shall, in the performance of the Bid Specification, employ such methods as will avoid violation of any applicable statute, ordinance, rules or regulation of the Commonwealth of Pennsylvania, County of Bucks or the Township.

G. Preparation of Proposals:

Each bidder shall submit a Bid Response Proposal for the entire amount of the work called for in various specifications within this Bid Specification, and the failure to conform to this requirement may result in the classification of such a bid as non-responsive and may render the same subject to rejection. The attachment of any conditions, limitation or ancillary provisions by a bidder to a Bid Response Proposal may cause a similar classification and have a similar effect.

All Bid Response Proposals shall be submitted on the prescribed forms. All bids must be submitted online via the PennBid platform. Bid Deposit or Bid Bond and Consent of Surety and/or Binding Letter of Intent must accompany the Bid Response Proposal as submitted online via the PennBid platform.

Lower Makefield Township Page 3 of 29

THE TOWNSHIP RESERVES THE RIGHT TO REJECT ALL AND ANY PART OF ANY AND ALL BIDS

SUBMITTED, OR MAY WAIVE ANY INFORMALITIES, IRREGULARITIES, OR ADMINISTRATIVE

OR TECHNICAL DEFECTS OF BIDS AND MAY ACT IN A MANNER AS IT DEEMS BEST FOR THE

INTEREST OF THE TOWNSHIP.

Collection of Municipal Waste & Single Stream Recycling: The Township is desirous of receiving proposals based on the specifications contained herein for Township Facilities Collection of Waste and Single Stream Recyclable Materials, and the Disposal of those materials.

H. Signature of Bidders:

The firm, corporation and individual name of the bidder must be signed in ink in the space provided for the same on the proposal blank. In the case of a corporation, the title of the officer signing must be likewise stated, the seal of the corporation must be duly affixed and the corporate officer executing the document on behalf of the corporation shall attach thereto a certified copy of a resolution of the corporate board of directors indicating that officer’s authority to make such a proposal and submit such bid on behalf of the corporation. In the case of a partnership, the signature of at least one of the partners must follow the firm name together with an indication that the signature is that of a partner. If some other agent of the partnership submits or executes a bid for the firm, a notarized statement signed by each of the partners shall be attached thereto indicating that the signatory is authorized to act as an agent for the partnership in this endeavor. In the case of any bids submitted by an individual, the designation “individual proprietorship” shall follow the signature in question. Any trade name used by a non-corporate bidder shall be so designated and shall be indicated as having been registered or not registered under the Fictitious Names Registration Act with the Secretary of the Commonwealth of Pennsylvania and the Prothonotary of the county in Pennsylvania where so registered.

I. Bidder’s Affidavit:

Each bidder shall complete and execute the affidavit incorporated with and made part of the proposal document (Attachment "A").

J. Withdrawal of Proposal:

Bidders may withdraw their bid anytime up to the due date and time. Once the bid closing time is complete, no bidder may withdraw a bid. Requests for withdrawal of bids due to clerical error will be made in accordance with Commonwealth of Pennsylvania Act 4 of 1974 (S.B. 793).

K. Bid Bond:

Each proposal shall be accompanied by a Bid Bond or Certified Check, to the order of the Township, in the amount of ten percent (10%) of the Bid prior to the bid opening time. Bid bonds may be provided in the form of AIA Document A310 or an equivalent. Bid security must be made payable to the Township.

All bidders must have an original copy of their bid security in their own possession prior to the advertised bid opening and must be able to deliver an original copy of their bid security to the Township within three (3) business days of receipt of a written request from the Township. Failure to deliver an original copy of bid security to the Township within three (3) business days following written request will result in the rejection of the bid.

If the successful bidder has posted a bid bond, cashier's check, or any other form of security, and refuses to accept a contract when tendered, they will be required to forfeit such bid security as liquidated damages, not as penalty.

Any payment made to the Township by reason of default of the bidder shall not be construed as a penalty but as liquidated damages for breach of contract.

Lower Makefield Township Page 4 of 29

L. Consent of Surety:

Each proposal shall be accompanied by a Consent of Surety and/or Binding Letter of Intent from an approved surety company that is licensed to conduct business in the Commonwealth of Pennsylvania; and such letter shall state that the surety therein mentioned agrees to furnish the required surety bond and any bond which is made a condition of the awarding of the Bid Specification and anywhere in this proposal.

Consent of Surety must be an irrevocable, unconditional commitment by the Surety Company to issue on behalf of the bidder, the bond or bonds upon award of the project in the full amount specified. Consent of Surety must include all bonds required by the contract documents (i.e., performance, labor and material payment, maintenance, environmental, etc.).

Consent of Surety is not waivable and will be considered a material defect resulting in rejection of bid if omitted from bid package. It must not contain any provision that would serve to limit the Surety Company's liability to "spread the second" bidder in the event the bidder fails to enter into a contract upon award.

M. Return of Proposal Guarantee:

As soon as the lowest responsible bidder has been selected, all bid bonds and checks submitted with bids shall be returned to all unsuccessful bidders, other than the lowest responsible bidder to whom the award is made, who shall thereupon execute the contract and furnish the required Performance Bond or security for the performance of the contract within seven (7) days after receiving notice from the Township.

Upon the execution and delivery of the contract and the furnishings of the required bond or security for the performance of said contract, the bid bond and/or check(s) submitted by the successful bidder shall be returned. In case the successful bidder to whom such award is made shall fail, refuse, or neglect to execute and deliver the contract and the necessary bonds within seven (7) days after notice from the Township to do so, the award shall be vacated and such bid bond or check shall be forfeited to and retained by the Township as liquidated damages but not as penalty, or the Township may, at its option, recover from said bidder the difference between the price of his bid and the amount of the contract as shall be subsequently awarded, applying said amount of bid bon or check on account thereof.

N. Interpretations:

No interpretations of the meaning of the Bid Specifications or other documents will be made to any bidder.

Any supplemental instructions will be in the form of written addendum(a) to the specifications which, if issued, will be posted to PennBid. Bidders must acknowledge any and all addendum(a) with their bid proposal. Failure of any bidder to receive any such addendum shall not relieve the bidder from any obligations under the Bid Response Proposal as submitted, nor from any obligation to conform to the requirements herein set forth.

O. Nondiscrimination Clause:

Each bidder shall be required to comply with the requirements of Title 16, Pennsylvania Code, Section 49.101, which includes a nondiscrimination clause (Attachment “B”).

P. Affidavit of Non-Collusion:

Each bidder shall be required to submit an affidavit of non-collusion on the form included in and made a part of this Bid Specification (Attachment "C"). The proposal of any bidder(s) who engages in collusive bidding shall be rejected. Any bidder who submits more than one proposal in such manner as to make it appear that the proposal submitted is on a competitive basis from different parties shall be considered a collusive bidder. The Township may reject the bid proposals of any collusive bidder upon bid opening.

Lower Makefield Township Page 5 of 29

Q. Qualifications and Competency:

The Township may reject any bid received if the qualifications questionnaire fails to satisfy the Township that such is qualified to carry out the obligations of the Bid Specification and to complete the work as specified.

Each bidder shall be required to complete and sign the Qualification Questionnaire and the Affidavit of Qualifications included herewith and made a part of this Bid Specification (Attachment "D"); the failure to conform to this requirement may result in the classification of such a bid as non-responsive. A “qualified bidder” shall meet the labor and insurance requirements set forth herein. The Township may consider, in addition to those stated requirements, a bidder’s experience, any past history with the Township, the bidder’s other municipal, governmental or private contracts, the location of the bidder’s warehouse and offices, and the bidder’s prior claims history.

R. Performance Bond:

The successful bidder shall be required to furnish a performance bond, based upon the total contract amount, for the faithful performance of the contract in the sum as outlined in the following table:

First 16 Months (September 1, 2026 – December 31, 2027) 100% Second 12 Months (January 1, 2028 – December 31, 2028) 67% Third 12 Months (January 1, 2029 – December 31, 2029) 33%

Except for the initial bond year, all bonds shall be filed with the office of the Township Manager of the Township no later than sixty (60) days prior to the commencement of the bond year. Said bonds shall be that of an approved surety company authorized to transact business within the Commonwealth of Pennsylvania, and proof of same shall be submitted to the satisfaction of the Board of Supervisors. Agents of bonding company shall furnish the necessary power of attorney, bearing the seal of the company and evidencing such agents authorized to execute the particular type of bond to be furnished, as well as the right of the surety company to conduct business in the Commonwealth of Pennsylvania. Any agreed-upon contract extension shall also be accompanied by a performance bond for the total contract amount of term extension.

S. Award; Execution of Contract and Commencement of Work:

The bid award will be based on the lowest responsible bid. The Township reserves the right to reject any and all bids.

The successful bidder shall execute a contract containing provisions substantially in conformance with the provisions of these bidding documents promptly after the award of the bid and shall commence work in the Township beginning with the effective date of September 1, 2026 and in accordance with the effective dates as described in Part I. (“Instructions to Bidders”), Section E. (“Term of Bid Specification”). Said contract shall in all respects be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania.

Lower Makefield Township Page 6 of 29

II. GENERAL SPECIFICATIONS

A. Documents:

All documents included herein, including but not limited to the Notice to Bidders, Instructions to Bidders, General and Detailed Specifications, Bid Response Proposal, Bidder’s Affidavit, Qualification Questionnaire, Affidavit of Non-Collusion and Insurance Requirements, are made part herein, and they shall define the Bid Specification obligations.

B. Obligation of Successful Bidder:

The successful bidder shall, at their own cost and expense, and in conformity with the annexed documents, furnish all the material, labor and equipment for the collection of municipal waste and single stream recyclable materials, as herein defined (see Part III. (“Detailed Specifications”), Section A. (“Definitions”), from all locations based on the Bid Response Proposal selected by the Township.

C. Customer Service:

The successful bidder shall provide for the availability of customer service representatives that Township staff can contact by a toll-free telephone number during each collection day between the hours of 7:00 AM and 5:00 PM. The customer service representatives shall answer inquiries and resolve complaints with respect to the services to be provided through this contract.

D. Notice to Successful Bidder:

The place of business designated in the bid or proposal is hereby designated as the place to which all notices, letters and other communications shall be served and to which all notices, letters and other communications shall be mailed or delivered.

E. Inspection:

The Township Manager, or an authorized representative, may inspect the collection being made pursuant to the contract and may require the correction of any improper performance or any deficient performance herein through the designated supervisor of the successful bidder.

F. Indemnification:

To the fullest extent permitted by law, the successful bidder shall indemnify, defend and hold the Township, and its elected and appointed officials, employees, agents and authorized volunteers harmless from and against any and all claims, losses, damages, expenses, causes of action and liabilities (including, without limitation, attorneys' fees) arising out of or related to the successful bidder’s services performed under this Bid Specification or operations incidental thereto, unless such claims arise from the sole negligence of the Township. Such obligation to indemnify, defend and hold Township and their elected and appointed officials, employees, agents and authorized volunteers harmless shall survive the termination of this Bid Specification.

G. Workers’ Compensation Insurance:

The successful bidder shall, during the term of the contract, maintain at their own expense, Workers’ Compensation Insurance in order to fully protect both their employees and the Township, as may be required by any and all state and federal laws, and provide the Township with an appropriate certificate evidencing the existence of said insurance policy prior to commencing work under the Bid Specification. Insurance requirements are listed in Attachment

Lower Makefield Township Page 7 of 29

“E.”

H. Liability Insurance:

The successful bidder shall, during the term of the contract, maintain at their own expense, the insurance requirements included herewith and made a part of this proposal (Attachment "E") and provide the Township with an appropriate certificate evidencing the existence of said insurance policy prior to commencing work under the Bid Specification.

I. Payments:

The Township shall pay to the successful bidder the agreed upon contract price for the collection and disposal in monthly installments, commencing in accordance with the effective dates as set forth in Part I. (“Instructions to

Bidders”), Section E. (“Term of Bid Specification”). Only the active seasonal locations shall be invoiced for their respective months. Any of the additional bid items shall only be invoiced on an “as needed/requested” basis.

J. Violation and Liquidated Damages:

It is understood that the orderly and proper collection of municipal waste and municipal single-stream recycling, as defined herein (see Part III. (“Detailed Specifications”), Section A. (“Definitions”), is a matter of serious and vital concern to the Township because of the effect which it has upon the health and welfare of its residents and employees.

Likewise, it is anticipated that occasional minor breaches or violations may occur during the course of the performance of the service herein set forth. Since many of these are incapable of prompt and reasonable calculation, the following stipulated liquidated damages may be invoked on behalf of the Township, by the Township Manager, or authorized representatives, whose determination and certification of the same shall be final.

The Township Manager, or authorized representatives, shall notify the successful bidder’s supervisor of such violations where they can be immediately corrected. If a violation remains uncorrected for an unreasonable period or is systemically repeated, the Township Manager may make an appropriate deduction from the next payment due in accordance with the following schedule of liquidated damages:

1. Failure to collect refuse properly in place - $50.00 per location.

2. Using or maintaining a truck in a leaking or unsanitary condition - $500.00 per offense.

3. Failure to clean up any materials, including municipal waste, spilled or draining off equipment - $50.00 per offense.

4. Failure to transport municipal waste to an approved disposal site upon completion of collection - $500.00 plus tipping fee per ton collected but not delivered per day per offense.

5. Failure to transport municipal single-stream recycling materials to an approved processing facility - $500.00 per offense.

6. Failure to provide signed, written annual tonnage reports with all totals for all contracted collections -

$500.00 per offense.

7. Collection of refuse outside allowable hours of service - $100.00 per occurrence.

K. Assignment:

Neither this Bid Specification, nor any portion hereof, may be assigned, sublet, delegated or transferred to any person, firm or corporation, except upon the written consent and approval of the Township, which consent the Township is under no obligation to give. In no event shall any assignment, sublet, delegation, or transferal relieve the successful bidder or his surety(ies) from prime responsibility for the faithful performance of this contract.

Lower Makefield Township Page 8 of 29

III. DETAILED SPECIFICATIONS

A. Definitions: As used throughout these bidding and contract documents, the following words shall have the meanings as stated below:

BULK WASTE includes white appliances (such as refrigerators, ovens, stoves, dishwashers, and washing machines), oversized furniture, air conditioners, tires, water heaters, televisions, auto parts, and the like.

GARBAGE means waste food from kitchens, etc.

MUNICIPAL WASTE means garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semi-solid or contained gaseous materials resulting from operation of municipal establishments and community activities. MUNICIPAL WASTE shall also include yard waste, including discarded Christmas trees and greens, leaves, small branches from shrubs and trees, vines, and cut grass. MUNICIPAL WASTE does not include earth, sand, lumber, brick, stone, plaster or other substance that may accumulate as the result of building operations, nor will it include dead animals or night soil. MUNICIPAL WASTE does not include BULK WASTE as defined herein.

SINGLE STREAM RECYCLING refers to a system in which all collected recyclables (such as paper, plastics, metal, and glass) are mixed together in one collection container instead of being sorted into separate commodities by the Township and handled separately throughout the collection process.

B. Receptacles: The successful bidder shall provide the following receptacle containers as described in the column “Container Type” in the chart immediately below (see Part III. (“Detailed Specifications”), Section C.

(“Collection”). All receptables shall be capable of being locked. All single stream recycling receptables shall be clearly labeled for acceptable recyclable materials and shall be provided with yellow lids.

C. Collection: Collection shall be subject to the following:

SERVICE

LOCATION

ADDRESS

CONTAINER

TYPE

PICKUP

FREQUENCY

PICKUP

DAYS

SEASONAL

LMT Admin Building

1100 Edgewood Road

6 CY Municipal Waste

2x per Wk M, Th NO

LMT Admin Building

1100 Edgewood Road

6 CY Recycle Materials

1x per Wk W NO

LMT Community Center

1550 Oxford Valley Road

4 CY Municipal Waste

1x per Wk Th NO

LMT Community Center

1550 Oxford Valley Road

2 CY Recycle Materials

Every Other Wk W NO

Macclesfield Park 1000 River Road 6 CY Municipal

Waste 2x per Wk M, Th YES (A)

Macclesfield Park 1000 River Road 6 CY Municipal

Waste 1x per Wk Th YES (B)

Greg Caiola Park 1100 Edgewood Road

6 CY Municipal Waste

2x per Wk M, Th YES (A)

Fred Allen Park 1198 Oxford Valley Road

6 CY Municipal Waste

2x per Wk M, Th YES (A)

Memorial Park 1950 Woodside Road

4 CY Municipal

1x per Wk Th YES (A)

Lower Makefield Township Page 9 of 29

Kids Kingdom 1050 Edgewood Road

6 CY Municipal Waste

2x per Wk W, F YES (A)

Kids Kingdom 1050 Edgewood Road

6 CY Municipal Waste

1x per Wk Th YES (B)

LMT Pool 1050 Edgewood Road

6 CY Municipal Waste

3x per Wk M, W, F YES (C)

LMT Pool 1050 Edgewood Road

6 CY Municipal Waste

3x per Wk M, W, F YES (C)

LMT Pool 1050 Edgewood Road

4 CY Municipal

3x per Wk M, W, F YES (C)

SEASONAL SCHEDULES:

SCHEDULE A - 8 Months - Service April 1 - Nov 31

SCHEDULE B - 4 Months - Service Dec 1 - March 31

SCHEDULE C - 5 Months - Service May 1 - Sept 30

1. Schedule: The successful bidder shall collect municipal waste and municipal single-stream recycling, as defined herein (see Part III. (“Detailed Specifications”), Section A. (“Definitions”), from containers supplied and stored at the various municipal locations at the frequency and days of the week of pickup described for that location. Seasonal dates are as identified above. Only active months of service shall be invoiced.

2. Hours: Collections shall be made, commencing no earlier than 7:00 AM and ending no later than 5:00 PM prevailing time. Any deviations from these hours must be reported to the Township Manager.

3. Places of Collection: The collection shall be made from all places listed in Part I (“Instructions to Bidders”), Section D. (“Scope and Area of Collection”).

4. Force Majeure (Acts of God and Natural Disasters): The successful bidder shall be excused without penalty from either collection or cleaning the debris resulting from hurricanes, storms of unusually heavy capacity, floods, fire, earthquake, hurricane, disasters or other unusual phenomena of nature or acts of God which result in the production of substantial quantities of debris littering the streets and highways of the Township or any private roads or driveways therein. The successful bidder shall notify the Township of the event precluding pickup or collection. Performance under the contract shall resume promptly once the cause of delay has been mitigated. If a Force Majeure event continues for more than seven (7) days and materially prevents performance, the Township may terminate the contract upon written notice.

5. Removal from Work: The Township shall at all times have authority to remove from work or modify that which is covered by these specifications, including but not limited to location, container size, or pickup frequency.

D. Contingencies:

Non performance of its obligations by the successful bidder, including but not limited to failing to commence work at the time specified for its commencement; failing to perform the work to the satisfaction of the Township;

failing to perform any covenants of the contract; attempting to transfer or assign the contract or any interests therein; failing to comply with the rules and regulations of the Township; or endangering the health and welfare of the residents and employees of the Township, may, at the option of the Township, be sufficient cause for the Township to terminate the contract and seek damages under the performance bond of the successful bidder. This option shall not be exercised if the non performance is caused by: (a) unavoidable casualties to more than a

Lower Makefield Township Page 10 of 29 majority of the collection trucks of the successful bidder for a period not exceeding five (5) continuous days because of a strike or strikes or other labor disputes of the employees of the successful bidder which prevent operation of the successful bidder’s collection trucks; (b) legal acts of duly constituted public authorities, other than the Township or the Authority, if such acts are not provoked by any act of omission or commission by the successful bidder; (c) any act of God or nature (see Part III (“Detailed Specifications”), Section C. (“Collection”), Subsection 4 (“Force Majeure (Acts of God and Natural Disasters)”).

Non performance by the successful bidder for whatsoever reason, of any nature and regardless of whether it is substantial or a menace to the health and welfare of the residents of the Township, shall be just cause at the option of the Township for a prorated deduction by the Township of funds which would otherwise be due to the successful bidder for performance hereunder, except:

1. The first two (2) consecutive days or parts thereof, including Saturdays, Sundays and/or holidays of a bona fide strike or labor dispute as aforesaid by successful bidder’s employees; or

2. The first seven (7) consecutive days or parts thereof, including Saturdays, Sundays and/or holidays, of Force Majeure (Acts of God and Natural Disasters) events as a result of which a majority of successful bidder’s collection trucks are rendered inoperable; or

3. Any day or days or parts thereof, not including Saturdays, Sundays and/or holidays, of acts of omission or commission which are under the control of the Township.

The Township reserves the right to terminate the contract for non performance, Failure to comply with any part of the contract and its specification shall be cause to the Township to employ sufficient force to have the work contracted or properly done, and to pay for same from any sum due the successful bidder on account of work done under this contract or to collect from the successful bidder or the Surety.

Lower Makefield Township Page 11 of 29

IV. CHECKLIST AND ATTACHMENTS

CHECKLIST

THE FOLLOWING DOCUMENTS MUST BE INCLUDED WITH THE BID RESPONSE:

☐ Bid Security (in an amount equal to ten percent (10%) of the total amount bid proposal)

☐ Bidder’s Affidavit, including Authorizing Resolution (See Attachment A)* ~

☐ Copy of Resolution of Board of Directors of Contractor-Corporation authorizing execution

(if corporation)

☐ Signature of at least one (1) partner indicating signature is that of a partner (if partnership)

☐ Nondiscrimination Statement (See Attachment B)

☐ Non-Collusion Affidavit (See Attachment C)*

☐ Qualification Questionnaire (See Attachment D)*

☐ Certificate of Insurance (See Attachment E)

☐ Financial Snapshot (See Attachment F)*

☐ Addendum(a) Acknowledgement, if any

THE FOLLOWING DOCUMENTS ARE DUE WITHIN SEVEN (7) DAYS IF CONTRACT AWARDED:

☐ Contract (See Attachment G)

☐ Performance Bond* ~

☐ Financial Statement

☐ Executed Contract

* designates that form must be notarized ~ designates that form must contain corporate seal, if bidding entity is corporation

Signature acknowledging Checklist and confirmation that all required documents are enclosed with the Bid

Response:

Name and Title:

Company Name:

Lower Makefield Township Page 12 of 29

ATTACHMENT “A”

BIDDER’S AFFIDAVIT

Owner: Lower Makefield Township

Project Title: 2026-2029 Township Facilities Trash & Recyclable Materials Collection & Disposal

Project No.: LMT26-02

State of :

: SS

County of :

I state that I am the (Title) of (Name of Firm) and that I am authorized to sign the above Proposal or Bid, that I am duly authorized to sign and that the Bid is the true offer of the bidder, that the seal attached is the seal of the bidder, and that all declarations and statements contained in the bid are true to the best of their knowledge and belief.

Signature Date

Print Name and Title

On this, the day of , 20 , before me a notary public, the undersigned officer, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledge that they executed the same for the purposes therein contained.

In witness hereof, I hereunto set my hand and official seal.

Notary Public

Lower Makefield Township Page 13 of 29

ATTACHMENT “B”

NONDISCRIMINATION STATEMENT

During the term of the contract, Contractor agrees as follows:

1. Contractor shall not discriminate against any employee, applicant for employment, independent contractor, or any other person because of race, color, religious creed, ancestry, national origin, age, sex, or handicap.

2. Contractor shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated fairly during employment, without regard to their race, color, religious creed, ancestry, national origin, age, sex, or handicap. Such affirmative action shall include, but is not limited to, the following: employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training.

3. Contractor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.

4. Contractor shall, in advertisements or requests for employment placed by it or on its behalf, state all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, sex, or handicap.

5. Contractor shall send each labor union or workers’ representative, with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers’ representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by Contractor.

6. It shall be no defense to a finding of a noncompliance with this nondiscrimination clause that

Contractor had delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the Contractor was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

7. Where the practices of a union or any training program or other source of recruitment will result in the exclusion of minority group persons, so that Contractor will be unable to meet its obligations under this nondiscrimination clause, Contractor shall then employ and fill vacancies through other nondiscriminatory employment procedures.

Lower Makefield Township Page 14 of 29

8. Contractor shall comply with all Federal and Commonwealth laws prohibiting discrimination in hiring or employment opportunities. In the event of Contractor’s noncompliance with the nondiscrimination clause of this contract or with any such laws, this contract may be terminated or suspended, in whole or in part, and Contractor may be declared temporarily ineligible for further Commonwealth contracts, and such other sanctions may be imposed and remedies invoked.

9. Contractor shall furnish all necessary employment documents and records to, and permit access to its books, records and accounts by the contracting agency for purposes of investigation to ascertain compliance with this clause. If Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency or the Commission.

10. Contractor shall actively recruit minority and women subcontractors or subcontractors with substantial minority representation among their employees.

11. Contractor shall include the provisions of this nondiscrimination clause in every subcontract so that such provisions will be binding upon each Subcontractor.

12. Contractor obligations under this clause are limited to the Contractor’s facilities within

Pennsylvania, or where the contract is for purchase of goods manufactured outside of

Pennsylvania, the facilities at which such goods are actually produced.

Lower Makefield Township Page 15 of 29

ATTACHMENT “C”

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

A. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the

Pennsylvania Antibid-Rigging Act, 73 P.S. §§ 1611, et seq., governmental agencies may require Non-

Collusion Affidavits to be submitted together with bids.

B. This Non-Collusion Affidavit must be executed by the member, officer, or employee of the bidder who makes the final decision on prices and the amount quoted in the bid.

C. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids, are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval, or submission of the bid.

D. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents and an Affidavit must be submitted separately on behalf of each party.

E. The term “complementary bid” as used in the Affidavit, has the meaning commonly associated with that term in the bidding process and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

F. Failure to submit an Affidavit with the bid in compliance with these instructions may result in disqualification of the bid.

Lower Makefield Township Page 16 of 29

NON-COLLUSION AFFIDAVIT

Owner: Lower Makefield Township

Project Title: 2026-2029 Township Facilities Trash & Recyclable Materials Collection & Disposal

Project No.: LMT26-02

I state that I am the (Title) of (Name of Firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

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

2. Neither the price(s) nor the amount(s) of this bid, and neither the approximate price(s) nor approximate amount(s) of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before the bid opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or non-competitive bid or other form of complementary bid.

4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive bid.

5. _________________________ (Name of Firm), its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to proposing and/or bidding on any public contract, except as follows:

Lower Makefield Township Page 17 of 29

I state that (Name of Firm) understands and acknowledges that the above representations are material and important and will be relied upon by Lower Makefield Township in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Lower Makefield Township of the true facts relating to the submission of bids for this contract.

On this, the day of , 20 , before me a notary public, the undersigned officer, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the

Lower Makefield Township Page 18 of 29

ATTACHMENT “D”

QUALIFICATION QUESTIONNAIRE

INSTRUCTIONS: BIDDER SHALL COMPLETE AND SIGN THE AFFIDAVIT OF QUALIFICATION

Failure to answer all questions and provide all requested documentation will render such bid as non-responsive.

Separate sheets may be supplied for this and any additional appropriate information.

1. List the municipalities, with addresses and telephone numbers, for which you have successfully completed contracts for trash removal and disposal services. Include the amount and terms of each contract, including beginning and end date(s) of service.

2. List the municipalities, with addresses and telephone numbers, for which you are currently providing trash removal and disposal services. Include the amount and terms of each contract.

3. How many years’ experience does your organization have in the performance of municipal trash removal and disposal services?

4. Have you failed at any time to complete a municipal contract? Have any of your partners or any officers of your corporation failed to complete a contract? If so, indicate which municipality(ies) and under what circumstances?

5. Please indicate the local telephone number and designated representative(s) of your office who shall be available to receive calls from Township staff and officials:

6. How many years’ experience as a contract does your organization have?

Lower Makefield Township Page 19 of 29

a. If corporation, state:

i. date when organized;

ii. under the law of which state organized

iii. Is this corporation still in existence?

iv. Names and mailing addresses of officers

v. Is this corporation registered to do business in Pennsylvania?

b. If your organization is non-corporate, describe its nature (partnership, sole proprietorship, etc.) and give its principal office address and names of all owners or other real properties in interest therein.

7. Has your organization ever, even when the lowest bidder on a municipal contract, withdrawn its bid? If so, for what reason?

8. Have any liens, judgments, or lawsuits of any kind been filed against your organization which are pending?

Give details, including nature and amount, if any, of any lien, judgment, or lawsuit, as well as court, terms, and number thereof.

9. Give the name, address, and telephone number of the surety (bonding) company which agrees to furnish your organization with a Bid Bond and Performance Bond.

[remainder of page intentionally left blank; signatures to follow]

Lower Makefield Township Page 20 of 29

STATE OF :

: ss

COUNTY OF :

I, , of full age, being sworn according to law, upon my oath depose and say:

1. I am the (Title) of (Name of Firm), the bidder herein named, and I am duly authorized to respond to the foregoing questions on behalf of said bidder.

2. I have read the foregoing questions in the “Qualification Questionnaire,” and the answers which I have submitted in response thereto are true according to the best of my knowledge, information and belief.

(SEAL)

On this, the day of , 20 , before me a notary public, the undersigned officer, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the

Lower Makefield Township Page 21 of 29

ATTACHMENT “E”

INSURANCE REQUIREMENTS

1 – General Insurance Requirements

1.1 - The Contractor shall not commence operations until the Contractor has obtained at the Contractor's own expense all of the insurance as required hereunder and such insurance has been approved by the Township;

nor shall the Contractor allow any Subcontractor to commence operations on any subcontract until all insurance required of the Subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor will be granted only after submission to the Township of original certificates of insurance signed by authorized representatives of the insurers or, at the Township's request, certified copies of the required insurance policies.

1.2 - Insurance as required hereunder shall be in force throughout the term of the Contract. Original certificates signed by authorized representatives of the insurers or, at the Township's request, certified copies of insurance policies, evidencing that the required insurance is in effect, shall be maintained with the Township throughout the term of the Contract.

1.3 - The Contractor shall require all Subcontractors to maintain during the term of the Contract liability insurance and workers compensation and employers liability insurance to the same extent required of the Contractor below unless any such requirement is expressly waived or amended by the Township in writing. The

Contractor shall furnish Subcontractors' certificates of insurance to the Township immediately upon request.

1.4 - All insurance policies required hereunder shall be endorsed to provide that the policy is not subject to cancellation or non-renewal until sixty (60) days prior written notice has been given to the Township.

Further, Contractor shall also notify the Township in writing if any of the insurance required hereunder is cancelled or non-renewed.

1.5 - No acceptance and/or approval of any insurance by the Township shall be construed as relieving or excusing the Contractor or the Contractor's Surety from any liability or obligation imposed upon either or both of them by the provisions of this Contract.

1.6 - If the Contractor does not meet the insurance requirements of this Contract, the Contractor shall forward a written request to the Township for a waiver in writing of the insurance requirement(s) not met or approval in writing of alternate insurance coverage, self-insurance, or group self-insurance arrangements. If the

Township denies the request, the Contractor must comply with the insurance requirements as specified in this Contract.

1.7 - All required insurance coverages must be underwritten by insurers allowed to do business in the

Commonwealth of Pennsylvania and acceptable to the Township. The insurers must also have a policyholders' rating of "A-" or better, and a financial size of "Class VII" or better in the latest evaluation by

A. M. Best Company, unless Township grants specific approval for an exception. The Township hereby grants specific approval for the acquisition of workers compensation and employers liability insurance from the State Workers’ Insurance Fund.

Lower Makefield Township Page 22 of 29

1.8 - Any deductibles or retentions of $10,000 or greater shall be disclosed by the Contractor, and are subject to

Township's written approval. Any deductible or retention amounts elected by the Contractor or imposed by the Contractor's insurer(s) shall be the sole responsibility of the Contractor.

1.9 - Lower Makefield Township and their elected and appointed officials, employees, agents and authorized volunteers shall be named…