MOUNT JOY TOWNSHIP

8853 ELIZABETHTOWN ROAD

ELIZABETHTOWN, PA 17022

SOLICITATION FOR BIDS FOR CONTRACT WASTE

AND RECYCLABLE MATERIALS COLLECTION

June 19, 2026

TABLE OF CONTENTS

Page

Invitation to Bid........................................................................................................................... IB-1

Instructions to Bidders .............................................................................................................. ITB-1

Bid Form ..................................................................................................................................... BF-1

Qualification Questionnaire ...................................................................................................... QQ-1

Bid Bond ..................................................................................................................................... BB-1

Non-Collusion Affidavit ........................................................................................................... NCA-1

Performance Bond ..................................................................................................................... PB-1

Letter of Credit ........................................................................................................................... LC-1

Contract ....................................................................................................................................... C-1

IB - 1

INVITATION TO BID

Bids are invited and will be received by Mount Joy Township (“Municipality”) for the collection of Contract Waste and Recyclable Materials.

Bids must be submitted on the Bid Form which is included in the Contract Documents.

A mandatory pre-bid meeting to review the scope of the program will be held at the Mount Joy Township Municipal Office, 8853 Elizabethtown Road, Elizabethtown, PA, on July 6, 2026 at 10:00 A.M. All questions concerning the bid documents must be sent to Cristy Becker via e-mail to cristy@mtjoytwp.org no later than noon on July 2nd so that responses can be given during the pre-bid meeting.

Bids must be received on PennBid on or before July 13, 2026 10:00 A.M at which time they will be opened and publicly posted on the PennBid website. The documents and bid solicitation details are available at no cost online at – https://pennbid.bonfirehub.com.

This Solicitation consists of the Invitation to Bid, Instructions to Bidders, Bid Form, Qualification Questionnaire, Bid Bond, Non-Collusion Affidavit, Performance Bond, Letter of Credit, and Contract. Terms which are defined in the Contract shall have the same meaning when used in the other documents which comprise this Solicitation.

Bid Security in the form of a Bid Bond must accompany the Bid in accordance with the Instructions to Bidder.

A Non-Collusion Affidavit in accordance with the Pennsylvania Anti-Bid Rigging Act shall be required.

Each Bid shall contain the Bid Form, the Bid Security, the Qualification Questionnaire, and the Non-Collusion Affidavit. All Forms shall be properly completed.

The Municipality will award a Contract or reject Bids within sixty (60) days from the date the Bids are opened. All Bids and Bid Securities submitted shall remain valid for a period of sixty

(60) days from the time the Bids are opened.

The issuance of this Solicitation constitutes only an invitation to submit responsive Bids to the Municipality. Notwithstanding any other provisions of this Solicitation, the Municipality reserves the right to determine, in its sole discretion, whether any aspect of a Bid satisfactorily meets the criteria established in this Solicitation, to waive any irregularities in any Bid, and to take any other action which the Municipality deems appropriate.

The Municipality intends to select the Bidder which, in the sole opinion of the Municipality, is the lowest, responsive, responsible Bidder. The Municipality reserves the right to reject any or all Bids and to award the Bid in the best interests of the Municipality.

The procedures set forth in this Solicitation are for the convenience of the Municipality and shall not give rise to any rights in any Person. In the event that a Contract is not awarded for any reason, or in the event that this Solicitation is withdrawn for any reason, the Municipality shall have no obligation or liability to any Person for any costs or expenses incurred in connection with this Solicitation, any Bid or the transactions contemplated by this Solicitation or otherwise.

If the Municipality awards the Contract, the Contract Documents shall consist of the Invitation to Bid, Instructions to Bidders, Bid Form, Certificate of Insurance, Bid Security, Non- Collusion Affidavit, Performance Bond or Letter of Credit (as applicable and calculated as set forth mailto:cristy@mtjoytwp.org https://pennbid.bonfirehub.com/

IB - 2

in the Solicitation), Contract, and all amendments and addenda to any of the foregoing documents. By submitting a Bid, the Bidder agrees to be legally bound to all the terms and conditions of the Contract Documents.

By submitting a Bid, a Bidder warrants that the Bidder: (a) has reviewed all pertinent Contract Documents and all addenda thereto, (b) has inspected the sites at which the Work will be performed and the conditions under which the Work will be performed and (c) has not discovered any ambiguities or conflicts in the Work description, specifications, or other terms or conditions of the Contract Documents.

ITB - 1

INSTRUCTIONS TO BIDDERS

1. SCOPE OF WORK

The Work to be performed shall consist of the collection, removal and disposal of Contract Waste and Recyclable Materials generated within the Municipality, as described in the Contract.

The schedule for collection is specified in the Contract. Disposal costs for Contract Waste and processing costs for Recyclable Materials are to be paid by the Municipality and shall not be a cost factor in the prices which are bid.

2. SITE INSPECTION

Bidders shall inspect the Municipality to determine the number of pickups and all other circumstances affecting the cost and the nature of the Work to be performed. It is estimated that the number of Collection Sites is approximately 3,893. Bidders shall not rely upon this estimate and by the submission of a Bid, a Bidder warrants and agrees that in formulating and submitting a Bid, the Bidder has relied solely upon the Bidder's inspection of the sites at which the Work will be performed and upon the Bidder's own judgment as to the amount and nature of the Work to be performed. The Municipality is relying upon the expertise of the Bidder to determine the nature and amount of Work to be performed in formulating the Bid price. The successful Bidder shall not be relieved of the obligation to execute the Contract or to fully perform all obligations under the Contract by reason of any error, miscalculation, or omission in the inspection of the sites for Work or the computation of the cost of the Work to be performed.

3. TERM OF CONTRACT

If the Contract is awarded, the Contract shall be for a term of three (3) years beginning January 1, 2027 and ending December 31, 2029, with the option, after December 31, 2029, to renew the Contract on a yearly basis for up to two (2) one-year renewal periods.

4. LEGAL REQUIREMENTS

In performing the Contract, the successful Bidder is responsible for complying with, and shall comply with, all applicable Federal, State and Local laws, ordinances, and regulations. Before submitting a Bid, each Bidder shall become familiar with Federal, State and Local laws, ordinances, rules, and regulations that may in any manner affect the Bidder's ability to perform, or cost of performance of, the Contract.

5. PREPARATION OF BIDS

If the Contract is awarded, the Contract will be awarded to the Bidder who, in the sole opinion of the Municipality, submits the lowest, responsible, responsive Bid.

(a) Low Bid. The Low Bid shall be the Bid which presents the lowest total price for the performance of Year 1 of the Contract. In the event that two (2) or more Bidders submit equal Low Bid prices, the Municipality may choose one Bidder as successful on the basis of such other criteria as the Municipality deems best, including without limitation, the relative responsibility of the Bidders.

(b) Responsible Bid. The responsibility of a Bidder will be determined on the basis of the competence of the Bidder to perform the Work. The competence of a Bidder is based on those factors deemed relevant by the Municipality, including without limitation, financial resources, financial history, experience with similar contracts and any other matters which the Municipality reasonably determines to have a bearing on the ability of the Bidder to properly

ITB - 2

perform the Contract. Responsibility will be determined initially by the information submitted with the Bid with further inquiries conducted as deemed by the Municipality to be necessary.

(c) Responsive Bid. The responsiveness of a Bid is determined by compliance of the Bid with all the requirements of this Solicitation. The Municipality may, in its sole discretion, reject a Bid as non-responsive if it fails in any respect, however minor, to conform to the terms of this Solicitation. The Municipality may, in its sole discretion, waive any nonconformity or irregularity in any Bid.

(d) Other Matters. The Bid shall be for the entire amount of the services specified in this Solicitation. Bids shall be submitted on the Bid Form as specified on the PennBid website.

The Bid price shall be stated in words and numerals. Discrepancies between words and figures shall be resolved in favor of words. Nothing contained in this Section 5(d) shall alter or impair the right of the Municipality to reject any Bids which contain such discrepancies.

(e) Manner of Bid Submission. Bids must be submitted through the PennBid website.

Bids shall be complete and consist of the following documents:

Bid Form Bid Security Qualification Questionnaire Non-Collusion Affidavit

Bids shall be received on or before July 13, 2026, 10:00 a.m. via the PennBid website.

6. SIGNATURES

Each Bid submitted shall be accompanied by a scanned copy of a cover letter bearing an original signature of an authorized representative of the Bidder committing the Bidder, if awarded the Contract, to enter into and to carry out the proposed work in accordance with all the provisions of the Contract. The original letter must be returned with the signed contract.

All Bid Forms requiring signatures must be duly signed by an authorized representative of the Bidder. When the Bidder is a partnership, the Bid shall be signed by all the general partners and such signatures shall be witnessed. When the Bidder is a corporation, the Bid shall be signed by an authorized officer whose signature shall be attested to by a duly authorized officer and shall bear the seal of the corporation. When the Bidder is a limited liability company, the Bid shall be signed in the name of the limited liability company by all members as directed, or by a Person authorized by appropriate Resolution to sign on behalf of all members, and/or the managing member, if any, and such signatures shall be witnessed.

If the member of a limited liability company is a corporation, the corporate member shall be identified, and the signature of the corporate member shall meet the requirements for execution by a corporation. The Municipality may request documentation from any Bidder to confirm that the Bid Form and Bid Bond have been executed in a manner which will legally bind the Bidder.

ITB - 3

7. BID SECURITY

Each Bid must be accompanied by a Bid Bond in the amount of fifty thousand dollars ($50,000), as a guarantee on the part of the Bidder that the Bidder will, if awarded the Contract,

(a) accept and enter into the Contract contemplated by this Solicitation, (b) furnish a Certificate of Insurance and (c) provide in the required form of a Performance Bond or Letter of Credit, a Performance Guarantee for the Bidder's performance of the Work. Unsuccessful Bidders shall receive their Bid Security back within thirty (30) days of the Municipality's decision of award or non-award; provided, however, that the apparent second lowest, responsive, responsible Bidder's Bid Security may be retained until forty-five (45) days after the decision of award or non-award to permit an award to such Bidder in the event that the successful Bidder fails to execute and deliver the required documents. The Bid Security submitted by each Bidder shall be valid for a period of sixty (60) days after the date set for Bid opening.

A Bid Bond shall be in the form contained in this Solicitation with a surety company authorized to transact business within the Commonwealth of Pennsylvania. The Bid Security of the successful Bidder shall be returned upon the execution and delivery by the successful Bidder of the Contract, the Certificate of Insurance, and the required Performance Guarantee. If the successful Bidder fails to execute and deliver the Contract, the Certificate of Insurance, and the Performance Guarantee within twenty (20) days of the award of the Contract, the Municipality may annul the Contract award and such Bid Security shall be retained by the Municipality as agreed upon and liquidated damages. In the event of any such decision by the Municipality to annul the award and forfeit the Bid Security of the successful Bidder, the Municipality may decide to award the Contract to the next lowest, responsive and responsible Bidder; and in the event of such an award, the above stated provisions concerning execution and delivery of the Contract, Certificate of Insurance and Performance Guarantee shall apply to such next lowest, responsive, responsible Bidder.

8. CERTIFICATE OF INSURANCE

The successful Bidder shall return with the executed Contract, and the Performance Bond or Letter of Credit, a Certificate of Insurance which (a) evidences the coverage set forth in Section 25 of the Contract and (b) provides that the Municipality shall receive at least thirty (30) days prior written notice from the insurance carrier of any changes to the insurance coverage, cancellation or non-renewal, which occur during the term of the Contract. The required insurance coverage shall be provided by a commercial insurance carrier and not by a plan of self-insurance.

9. WITHDRAWAL OF PROPOSAL

Each Bid shall remain valid, and may not be withdrawn or modified, within sixty (60) days after the time for Bids to be opened. The Municipality reserves the right to retain copies of all Bids for official record purposes or to dispose of any and all copies of Bids in whatever manner it deems appropriate. No copies of any Bid will be returned to any Bidder.

10. INTERPRETATION

It is the duty of Bidders to request clarification of any ambiguities, discrepancies or errors in this Solicitation or the Contract Documents. Requests for clarification shall be in writing and shall be delivered so that they are received by the Municipality no later than ten (10) days prior to the time for opening of Bids. All requests for clarification will be responded to in writing with a copy furnished to every Bidder that has, as a matter of record, received this Solicitation. Any supplemental instructions which are deemed necessary by the Municipality will be forwarded in

ITB - 4

written form to all Bidders who have, as a matter of record, received this Solicitation. Any and all addenda which are issued under this Solicitation shall be signed by a Bidder and returned with the Bid.

11. QUALIFICATIONS OF BIDDERS

Each Bidder must complete and sign the Qualification Questionnaire. Each Bidder is advised to provide complete information and may use supplementary pages if required to provide an accurate and comprehensive description of the Bidder's qualifications.

12. PERFORMANCE GUARANTEE

The successful Bidder shall be required to furnish a Performance Guarantee for the faithful performance of the Contract in the amount determined by multiplying the first year Base Figure times the Unit Fee (BF X UF).

Performance Guarantees shall be either (a) a Performance Bond in the form contained in this Solicitation at Page PB-1, with surety from a surety company authorized to transact business within the Commonwealth of Pennsylvania and currently listed in the United States Department of the Treasury Circular 570, or (b) an irrevocable Letter of Credit, in the form contained in this Solicitation at Page LC-1, from a financial institution which maintains a place of business in Lancaster County, Pennsylvania. If a Performance Bond by a surety company is furnished, agents of the bonding company shall furnish their power of attorney, bearing the seal of the company and evidencing such agent's authority to execute the particular type of bond to be furnished. All premiums for bonds shall be paid by the successful Bidder.

The Performance Guarantee shall be received by the Municipality within twenty (20) days of notice of intent to award the Contract.

13. PRICE

The Unit Fee shall include all of the costs arising out of or related to the performance of the Contract and no additional compensation shall be expected by or paid to the successful Bidder. The Unit Fee shall be a factor in the formula for monthly payments to the Contractor as described in Section 14 of the Contract.

14. PRE-BID MEETING

A mandatory pre-bid meeting will be conducted on July 6, 2026, 10:00 A.M., at the Mount Joy Township Municipal Office, 8853 Elizabethtown Rd, Elizabethtown, PA 17022.

15. AWARD OF CONTRACT

Award of the Contract, if made, will be made within sixty (60) days following the opening of Bids, to the lowest, responsive, responsible Bidder.

The Municipality reserves the right to make further inquiry into the responsibility of the apparently successful Bidder after Bid opening. A Bidder warrants by the submission of a Bid that the Bidder will cooperate fully with such inquiries including, without limitation: (a) submitting additional documents or other evidence to support (i) statements made on the Qualification Questionnaire, (ii) the Bidder's financial status or (iii) any other aspects of the Bid, and (b) making available for inspection the Bidder's equipment and facilities.

16. RETURN OF DOCUMENTS

ITB - 5

If a Contract is awarded, the successful Bidder shall return the executed Contract, Performance Bond or Letter of Credit, and Certificate of Insurance within twenty (20) days of such award.

BF - 1

BID FORM

To: Mount Joy Township Date:

8853 Elizabethtown Rd Elizabethtown, PA 17022-0135

BID OF:

Name

Address

City, State, Zip Code

FOR: CONTRACT WASTE AND RECYCLABLE MATERIALS COLLECTION WITHIN MOUNT JOY

TOWNSHIP, LANCASTER COUNTY, PENNSYLVANIA.

The undersigned has examined the Invitation to Bid, Instructions to Bidders, Bid Form, Bid Bond, Non-Collusion Affidavit, Performance Bond, Letter of Credit, and Contract contained in the Solicitation of Mount Joy Township, dated June 19, 2026.

The undersigned has also inspected the Work sites and the conditions relating to the Work.

Bid Security is a Bid Bond drawn to the order of Mount Joy Township, in the amount of fifty thousand dollars ($50,000.00) is uploaded.

The completed Non-Collusion Affidavit and the completed Qualification Questionnaire are uploaded.

If awarded the Contract, the undersigned Bidder agrees to enter into and perform the Contract and to execute and deliver the Contract Documents, including the required Certificate of Insurance, and the Performance Bond or Letter of Credit, to the Municipality in accordance with all of the terms of this Solicitation.

BID

First Year Unit Fee (UF1): Dollars ($ )

BF - 2

Communications concerning this Bid shall be addressed to the following:

Name Address

Title City, State, Zip Code

Telephone Number Fax Number

Email Address

The undersigned, intending to be legally bound, agrees that this Bid is irrevocable, may not be withdrawn and shall remain subject to your acceptance for a period of sixty (60) days after the time set for Bid opening.

(Individual Principal)

Witness:

(SEAL)

(Signature of Individual)

Trading and Doing Business As

(Partnership Principal*)

Witnesses:

(Name of Partnership)

By:

Partner

* All general partners must sign.

BF - 3

(Corporation Principal)

(Name of Corporation)

Attest: By:

(Assistant) Secretary (Vice) President

[CORPORATE SEAL]

(or if appropriate)

**By:

(Authorized Representative)

** Attach appropriate corporate resolution, dated as of the same date as the Bid Form, evidencing authority to execute the Bond on behalf of the corporation.

(Limited Liability Company***)

(Name of Limited Liability Company)

Member

****All members must sign or attach an appropriate Resolution or other document, dated as of the same date as the Bid Form, evidencing authority to execute the Bond on behalf of the Limited Liability Company.

QQ - 1

QUALIFICATION QUESTIONNAIRE

In Accordance with the Solicitation, Each Bidder Shall Provide the Following Information:

1. How many years of experience in the collection of municipal waste or recyclable materials has your organization (Bidder and/or Bidder's parent, subsidiary, or affiliated corporation) had?

2. List all the municipalities for which your organization has provided collection services, the number of units serviced in each municipality, and the name of the municipal official in each with responsibility for your contract.

Municipality Number of Units Serviced Responsible Official

3. Indicate the local telephone number for your office that will be available during all working hours to receive calls from both the Customers and officials of the Municipality.

4. For each Vehicle that you propose to use in providing Contract Waste and Recyclable Materials collection services within the Municipality, please provide the following information:

Name of Body Manufacturer Year Manufactured Capacity Whether Used for Contract Waste or Recyclable Materials

(Submit pictures of equipment to be used)

Manufacturer Year Capacity Use

1.

2.

4.

5.

QQ - 2

5. If a corporation, state:

A. Date when organized

B. State of incorporation

C. Is the corporation now in good standing?

D. Is the corporation authorized to conduct business in Pennsylvania?

E. What is the corporation's tax identification number?

6. If a partnership, state:

A. Is the partnership a general partnership or a limited partnership?

B. Furnish names and addresses of all General Partners:

C. Is the partnership authorized to conduct business in Pennsylvania?

D. What is the partnership's tax identification number?

7. If a Limited Liability Company:

A. Date when organized

B. Furnish Names and Addresses of all Members:

C. Furnish Name and Address of Managing Member:

D. Date Certificate of Organization was filed:

E. State of Organization:

F. Is the company authorized to do business in Pennsylvania?

G. What is the company’s Employer Identification Number?

QQ - 3

8. Have you failed at any time to complete a contract?

If yes, identify the municipality and state the circumstances.

Signature:

Title:

Company:

BB - 1

, 20 $50,000.00

BID BOND

1. The undersigned (“Principal”) and a surety company legally authorized to do business in the Commonwealth of Pennsylvania (“Surety”), to induce Mount Joy Township (“Beneficiary”) to enter into a Contract for the collection, transportation and disposal of municipal waste and recyclable materials, pursuant to the Beneficiary's solicitation dated June 19, 2026, agree that in the event the Principal shall (a) attempt to withdraw from the bidding process or (b) fail to execute the Contract and return a Performance Guarantee and Certificate of Insurance upon award of the Contract, then the undersigned shall, upon demand of the Beneficiary, pay to the Beneficiary the sum of fifty thousand dollars ($50,000.00), which is a reasonable estimate of fair compensation for the losses and damages, both of which would be impracticable if not impossible to fix precisely, that the Beneficiary will sustain upon the occurrence of either event described in clause (a) or (b) above.

2. In the event the Beneficiary shall institute legal proceedings to collect amounts due pursuant to this Bond, then the Beneficiary shall be entitled to collect, in addition to the amount of this Bond, as part of any award or judgment, all court costs, reasonable attorney’s fees, and other expenses of collection incurred by the Beneficiary.

3. If no prior demand for payment has been made by the Beneficiary, this Bond shall terminate on September 13, 2026. If a demand for payment is made prior to such date, then this Bond shall continue in full force and effect until paid in full.

IN WITNESS WHEREOF, intending to be legally bound, the Principal and the Surety have caused this Bond to be signed, sealed, and delivered this day of _________________20 .

(SEAL)

BB - 2

(Name of Partnership)

By:

Partner

By:

Partner

By:

Partner

By:

Partner

(Assistant) Secretary (Vice) President

**By:

(Authorized Representative)

(Limited Liability Company****)

Member

By:

Member

By:

Member

****All members must sign or attach an appropriate Resolution or other document, dated as of

BB - 3

(Corporate Surety)

Witness or Attest:

***By:

(Title) (Attorney-in-Fact)

*** Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-in-Fact to act on behalf of the corporation.

NCA - 1

NON-COLLUSION AFFIDAVIT

I state that I am of (Title) (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 prices and the amount of this Bid.

I state that:

(1) The prices and amount 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 nor the amount of this Bid, and neither the approximate amount of this Bid, have been disclosed to any other firm or person who is a bidder or a potential bidder, and they will not be disclosed before 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 noncompetitive 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 noncompetitive 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 (4) 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 bidding on any public Contract except as follows:

I state that (Name of Firm) understands and acknowledges the above representations are material and important and will be relied upon by Mount Joy 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 Mount Joy Township of the true facts relating to the submission of bids for this Contract.

Sworn and subscribed to:

before me, this day of , 20

Notary Public

My Commission Expires:

PB - 1

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that we, hereinafter called the "Principal", and a corporation organized and existing under the laws of the State of and authorized to do business in the Commonwealth of Pennsylvania and currently listed in the United States Department of the Treasury Circular 570, with its principal office and place of business at and whose contact person and telephone number are at , hereinafter called the “Surety”, are jointly and severally held and firmly bound to Mount Joy Township, Lancaster County, Pennsylvania, a municipal corporation organized and operating under the laws of the Commonwealth of Pennsylvania with a mailing address of 8853 Elizabethtown Rd, Elizabethtown, PA 17022 in the full sum of Dollars ($ ), lawful money of the United States of America, for which payment, well and truly to be made, the Principals and the Surety, jointly and severally, bind themselves, their successors and assigns, firmly by these presents.

WITNESSETH THAT:

WHEREAS, the Obligee has heretofore awarded the Principal a contract to perform certain work for the Obligee in connection with the Collection of Regulated Municipal Waste and Designated Recyclable Materials pursuant to specifications and other related documents constituting the contract documents, which are incorporated into the contract by reference (the "Contract Documents"); and

WHEREAS, it is a condition of the Contract Documents that this Bond shall be furnished by the Principal to the Obligee.

NOW, THEREFORE, the terms and conditions of this Bond are and shall be:

1. If the Principal shall fail or refuse to comply with any terms of the Contract Documents; or if the Principal shall fail or refuse to perform the Work in accordance with the Contract Documents, at the time and in the manner provided in the Contract and in the Contract Documents; or if the Principal shall fail or refuse to satisfy all claims and demands incurred in or related to the performance of the Contract by the Principal or growing out of the performance of the Contract by the Principal; or if the Principal shall fail or refuse to indemnify completely and shall save harmless the Obligee and all of its officials, agents and employees from any and all costs and damages which the Obligee and all of its officials, agents and employees may sustain or suffer by reason of the failure of the Principal to do so; or if the Principal shall fail or refuse to reimburse completely and pay to the Obligee any and all costs and expenses which the Obligee and all if its officials, then the Surety shall pay to the Obligee the costs and damages, which the Obligee and all of its officials, agents and employees sustain or suffer, up to the full amount of this Bond.

2. The term of this Bond shall be for a period of one year commencing on January 1, 2027, and expiring on December 31, 2027. It is a condition of this Performance Bond that it shall be deemed automatically extended, without amendment, for one year from the first and second Expiration Date, unless the Surety elects not to renew for any additional one-year period (an "Extension Term"). As defined herein, "Expiration Date" shall mean December 31, 2027, December 31, 2028 and December 31, 2029.

3. If the Surety elects not to renew this Performance Bond for the first or second Extension Term, Surety covenants that Surety will provide Obligee with notice of non-renewal by

PB - 2

certified mail, return receipt requested, not less than forty-five (45) days prior to the applicable Expiration Date. If the Surety fails to provide such notice to Obligee, the term of this Bond shall be automatically extended for the applicable Extension Term. During such Extension Term, the dates in the first sentence of paragraph 2 of this Bond shall be interpreted as being for the Extension Term.

4. If the Surety shall elect not to renew this Bond for the first or second Extension Term and the Principal shall fail to provide the Obligee with a replacement Bond for the applicable Extension Term not less than thirty (30) days prior to the applicable Expiration Date, then the Obligee shall have the right to demand payment of full amount of this Bond. Surety shall make payment within sixty (60) days after Obligee makes such demand.

5. If no prior demand for payment has been made by the Obligee, this Bond shall terminate on the applicable Expiration Date. If a demand for payment is made prior to such date, then this Bond shall continue in full force and effect until paid in full.

6. In the event the Obligee shall institute legal proceedings to collect amounts due pursuant to this Bond, then the Obligee shall be entitled to collect, in addition to the amount of this Bond, as part of any award or judgment, all court costs and other expenses of collection including but not limited to reasonable attorney fees incurred by the Obligee.

7. The Principal and the Surety agree that any alterations, changes and/or additions to the Contract Documents, and/or alterations, changes and/or additions to the work to be performed under the Contract in accordance with the Contract Documents, and/or any alterations, changes and/or additions to the Contract, and/or any giving by the Obligee of any extensions of time for the performance of the Contract in accordance with the Contract Documents, and/or any act or forbearance of either the Principal or the Obligee toward the other with respect to the Contract Documents and the Contract, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents and by the Contract, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this Bond; and the Surety, for value received, does not waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reductions of retained percentage.

8. No final settlement between Obligee and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

9. This Bond shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. The Principal and the Surety agree that exclusive jurisdiction and venue for any litigation concerning this Bond and the transactions contemplated shall exist in the Lancaster County Court of Common Pleas. The Principal and the Surety consent to such jurisdiction and venue and agree that all service of process, including any instrument to institute suit, shall be effective if served in accordance with Pennsylvania law.

IN WITNESS WHEREOF, intending to be legally bound, the Principal and the Surety have caused this Bond to be signed, sealed, and delivered this day of , 20 .

PB - 3

Witness:

(SEAL)

(Name of Partnership)

By:

Partner

By:

Partner

By:

Partner

By:

Partner

(Assistant) Secretary (Vice) President

**By:

(Authorized Representative)

PB - 4

(Limited Liability Company****)

Member

By:

Member

By:

Member

****All members must sign or attach an appropriate Resolution or other document, dated as of

(Corporate Surety)

Witness or Attest:

***By:

(Title) (Attorney-in-Fact)

*** Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-in-Fact to act on behalf of the corporation.

Letter of Credit No. (1) Dated: (2)

Mount Joy Township 8853 Elizabethtown Rd Elizabethtown, PA 17022

In re: Contract Waste and Recyclable Materials Collection Contract

Dear Township Supervisors:

We hereby issue our Irrevocable Letter of Credit in favor of Mount Joy Township (the “Municipality”) for any sum or sums not exceeding $ (3) for the account of

(4) (hereinafter called “Contractor”).

Intending to be legally bound, we hereby agree that demands, in an aggregate amount not exceeding $ (5) accompanied by a document in the form attached hereto and marked Exhibit X (executed by the Chairperson or Vice Chairperson of the Board of Supervisors), shall be duly honored if presented to us, at our office at 8853 Elizabethtown Road, Elizabethtown, Pa 17022, Pennsylvania, before December 31, 2026.

Payment of this Letter of Credit shall be made without determination of conditions or facts pertaining to related contractual agreements between the Contractor and the Municipality.

We hereby agree that exclusive jurisdiction and venue for any litigation concerning this Letter of Credit shall exist in the Lancaster County Court of Common Pleas.

Except as otherwise provided herein, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1995 Revision), International Chamber of Commerce Publication No. 500, and the Uniform Commercial Code.

Intending to be legally bound hereby, this Letter of Credit has been executed by a duly authorized officer of the undersigned Bank.

Sincerely, (7)

By: (8)

Signature

(9)

Title

TO: (10)

We hereby demand payment to Mount Joy Township, Lancaster County, Pennsylvania, in the sum of $ , and certify that this demand is made because of the failure of

(11) to fulfill contractual agreements with the Municipality relating to the collection of regulated municipal waste and designated recyclable materials.

MOUNT JOY TOWNSHIP

(Vice) Chairperson, Board of Supervisors

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LC-3

INSTRUCTIONS TO COMPLETE LETTER OF CREDIT

(1) Number assigned to Letter of Credit by lending institution.

(2) Date of Letter of Credit.

(3) Amount of Letter of Credit.

(4) Full Name of Contractor.

(5) Same as Number Three (3) above.

(6) Address of lending institution.

(7) Name of the lending institution issuing Letter of Credit.

(8) Signature of Officer of lending institution executing the Letter of Credit.

(9) Printed Name and Title of Officer executing the Letter of Credit.

(10) Same as Number Seven (7) above.

(11) Same as Number Four (4) above.

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CONTRACT

This Contract is made this day of , 20 between Mount Joy Township, a municipal corporation organized under the laws of Pennsylvania with its municipal offices at 8853 Elizabethtown Rd, Elizabethtown, PA 17022 (hereinafter referred to as the “Municipality”) and (hereinafter referred to as the “Contractor”).

The Municipality and the Contractor, for and in consideration of the mutual promises and agreements set forth in this Contract and intending to be legally bound, agree as follows:

Section 1. DEFINITIONS

A. Any capitalized term, if not defined in this Contract, shall have the meaning as from time to time set forth in the Lancaster County Solid Waste Management Authority’s (LCSWMA’s) Rules and Regulations.

B. As used in this Contract, the following terms shall have the following meanings:

“Aluminum” - All food and beverage cans made of the light in weight, ductile and malleable metallic substance or element commonly known as aluminum. This description excludes aluminum foil, trays, plates, and miscellaneous aluminum products.

“Annual Service Fee (ASF)” - A factor in the formula for payments to the Contractor as described in Section 14.

“Base Figure (BF)” - The estimated number of Collection Sites as described in Section 14.

“Base Fuel Price (BFP)” – The published cost of “Diesel (On-Highway) - All Types” fuel as reported by the U.S. Energy Information Administration for the “Central Atlantic” region as found on the following website: https://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r1y_w.htm, which is used as a factor in the formula for payments to the Contractor in Section 14.

“Battery Bags” - Bags which LCSWMA makes available to Generators of Municipal Waste and which shall be used as collection containers for batteries which are generated in households.

“Change Order Fee (COF)” - An adjustment to the payments to the Contractor for changes to the Work as described in Section 15.

“Collection Site” - The Curbside location for each Customer at which collection services are to be performed. Each Residential Unit and Eligible Commercial Establishment shall be a separate Collection Site.

“Commencement Date” - The date for the commencement of Work under this Contract as set forth in Section 2.

“Consumer Price Index Change” (“CPI”) - The percent change to the Consumer Price Index, as published by the U.S. Department of Labor, Bureau of Labor Statistics, for Philadelphia, Pennsylvania, Base Period 1982-84 = 100, for All Urban Consumers (CPI-U), for All Items, or similar successor index if such index is discontinued, as described in Section 14.

“Contract Documents” - The Invitation to Bid, Instructions to Bidder, Bid Form executed by the Contractor, Bid Security, Non-Collusion Affidavit, Performance Bond or Letter of Credit, Qualification Questionnaire, Certificate of Insurance, this Contract, and all Amendments and Addenda to any of the foregoing Documents, all of which are incorporated by reference into this Contract as though set forth in full.

https://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r1y_w.htm

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“Contract Waste” - Those portions of Regulated Municipal Waste which are to be collected and disposed of under this Contract. Contract Waste consists exclusively of Refuse and Oversized Refuse Items.

“Contractor” - The Person providing Contract Waste and Recyclable Materials collection under this Contract.

“Corrugated Cardboard” – A paper-based material consisting of a fluted sheet and one or two linerboards.

“County” - The County of Lancaster, Pennsylvania.

“Covered Device” – A desktop computer, laptop computer, electronic tablet, computer monitor, computer peripheral and television from a residential unit or small business may not be disposed of as Refuse but requires Recycling by an authorized entity, such as the LCSWMA Household Hazardous Waste facility.

“Curbcart” – A wheeled container provided by the Contractor with a holding capacity no greater than ninety-six (96) gallons in volume or ninety (90) pounds in weight when used as a Refuse Container and no greater than 64 gallons when used as a Recycling Container which is compatible with the collection Vehicles used by the Contractor and approved for use by the Contractor and Municipality.

“Curbside” - The correct location, as designated by the Municipality, for the placement of Refuse Containers and Recycling Containers for the purpose of collection by the Contractor. The Curbside location for each Customer shall be (a) adjacent to the Residential Unit or Eligible Commercial Establishment and (b) no more than three (3) feet from the public street used by collection Vehicles.

“Customer” - Each Residential Unit and Eligible Commercial Establishment within the Municipality, each of which shall be a Collection Site.

“Eligible Commercial Establishment” - Any Person, other than a Residential Unit, who (a) generates Municipal Waste and (b) requests and receives approval by the Municipality to use the collection services provided under this Contract.

“Extra Refuse Containers” - Refuse Containers which are in excess of the one (1) 96-gallon Curbcart per Collection Site limit.

“Extra Service Tags” - Labels which must be affixed to Tires, White Goods, Oversized Refuse Items and Extra Refuse Containers in order for such items to be collected by the Contractor.

“Facility” - Any specific site or Person designated by LCSWMA as the specific place or site or Person to which Solid Waste or Source Separated Recyclable Materials, or any portion of Solid Waste or Source Separated Recyclable Materials, must or may be delivered; or in the absence of a specific site or Person being designated by LCSWMA, any approved site for the delivery of any category of Solid Waste or Source Separated Recyclable Materials. A site will be deemed an approved site for the purposes of this definition so long as that site (a) is in possession of all applicable Local, State and federal permits, (b) is operating in accordance with all applicable Local, State and Federal laws and regulations, and (c) provides LCSWMA with such data and information as LCSWMA requests, including without limitation, (i) the quantity, type, source and date of receipt of Solid Waste and Source Separated Recyclable Materials that were generated in Lancaster County and delivered to the site, (ii) proof that the site is in compliance with (a) and

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(b) above, and (iii) in the case of Source Separated Recyclable Materials, proof that all such materials received at the site are, in fact, Recycled.

“Fuel Adjustment Index (FAI)” - The percent change to the Consumer Price Index, as published by the U.S. Department of Labor, Bureau of Labor Statistics, for Philadelphia, Pennsylvania, Base Period 1982-84 = 100, for All Urban Consumers (CPI-U), for Expenditure Category “Transportation Motor Fuel”, or similar successor index if such index is discontinued, as described in Section 14.

“Glass, Clear” - Clear Glass consists of clear food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.

“Glass, Colored” - Colored Glass consists of green or brown food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.

“LCSWMA” - Lancaster County Solid Waste Management Authority.

“LCSWMA Facility” - Any Facility owned or operated by or on behalf of LCSWMA.

“Manifest” - A form supplied by LCSWMA to be completed and signed by each Person who collects or transports Solid Waste or Source Separated Recyclable Materials and which specifies, inter alia, (a) the source type, quantity and delivery point for the Solid Waste or Source Separated Recyclable Materials, (b) the applicable license number and, (c) other pertinent information.

“Miles Per Gallon (MPG)” – An average standard fuel consumption rate of 3.5 Miles Per Gallon for Vehicles used by the Contractor to collect Contract Waste and Recyclable Materials, which is a factor in the formula for payments to the Contractor in Section 14.

“Monthly Installment” - A factor in the formula for payments to the Contractor as described in Section 14.

“Municipal Waste” - All Solid Waste which is within the definition “Municipal Waste” set forth in Section 103 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101.

“Municipality” – Mount Joy Township.

“Municipality’s Composting Facility” – Any Facility which processes Yard Waste and at which the Municipality has the right to deposit Yard Waste for processing. As of the date of this Contract, the Municipality’s Composting Facility for Yard Waste, Leaves and Christmas Trees shall be Mount Joy Borough’s Composting Facility located on Jacob Street, Mount Joy, PA. The Municipality may designate another Facility as the Municipality’s Composting Facility during the term of this Contract or any extension by providing written notice to the Contractor.

“Nonprocessable Waste” - Nonprocessable Waste is a portion of Municipal Waste consisting of materials which cannot be handled by LCSWMA’s normal collection, processing, or disposal methods or which are greater than six feet in any dimension. Nonprocessable Waste includes, without limitation, large auto parts; machinery; boats; recreational vehicles; etc.

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“Oversized Refuse Items” - Refuse which will not fit into Refuse Containers but which is not Nonprocessable Waste, including small furniture, carpet, and the like, but excluding Tires, White Goods and Covered Devices.

“Performance Guarantee” - A Bond or Letter of Credit in the form provided in the Contract Documents to secure performance of the Contract.

“Person” - Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

“Plastics” - Recyclable Plastics consist of containers with a neck, such as water and soda bottles, food jars and tea, milk or detergent jugs, which are primarily made of resins PET and

HDPE.

“Public Awareness Program” - The program developed and provided by the Municipality to inform and encourage residents to properly use the Recyclable Materials collection services provided under this Contract.

“Recyclable Materials” - All designated Source Separated recyclable materials. For purposes of this Contract, Recyclable Materials shall be (a) Aluminum, (b) Clear Glass, (c) Colored Glass, (d) Steel Cans, (e) Plastics, (f) Corrugated Cardboard, (h) Yard Waste, (h) Tires, (i) White Goods, and (j) Christmas Trees.

“Recycling” - The separation, collection, recovery and sale or reuse of Recyclable Materials and other materials which would otherwise be disposed of or processed as Waste or the mechanized separation and treatment of Solid Waste and creation and recovery of reusable materials or energy.

“Recycling Containers” - A 64-gallon curbcart provided by the Contractor, of rigid construction, for the household collection of Recyclable Materials.

“Refuse” - All Regulated Municipal Waste except the following categories of Solid Waste:

(a) Construction/Demolition Waste, (b) Nonprocessable Waste, (c) Putrescible Waste, (d) Uncompactible Waste, (e) Special Handling Waste, (f) Household Hazardous Waste, (g) Recyclable Materials, (h) Unacceptable Waste, (i) Oversized Refuse Items, and (j) Covered Devices.

“Refuse Container” - A 96-gallon curbcart provided by the Contractor.

“Regulated Municipal Waste” - Any Solid Waste generated or collected within Lancaster County which is garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any Sludge which is not Residual Waste or Hazardous Waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include Recyclable Materials.

“Residential Unit” - Any single family detached, semi-detached or townhouse dwelling, or a dwelling unit within a multi-family building.

“Segregated” - Recyclable Materials which have been separated from Regulated Municipal Waste.

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“Single-Stream” - A system where certain Recyclable Materials acceptable at a LCSWMA Facility, consisting of corrugated cardboard, glass, metal and plastic containers, as determined by LCSWMA’s Rules and…