3-00 Bid Specification Northampton Township Hauling.pdf

A-1

HAULING SERVICES

NORTHAMPTON TOWNSHIP

BUCKS COUNTY, PENNSYLVANIA

MARCH 2026

A. ADVERTISEMENT

A-2

Notice is hereby given that Northampton Township will accept sealed proposals online from qualified Contractors to provide hauling services for asphalt, salt, and related aggregate materials. Contractors shall furnish labor, equipment, and transportation using tri-axle dump trucks in accordance with the technical specifications contained herein for the Northampton Township Hauling Services in Northampton Township, Bucks County, PA. Bids will be accepted until 1:00 PM, April 27, 2026, via PennBid (https://pennbid.bonfirehub.com/) only. All bids received will be evaluated for completeness.

Bid Documents are available online at no charge via PennBid. (https://pennbid.bonfirehub.com/).

Questions must be submitted via PennBid by April 20, 2026, at 5:00 PM. Submission of a question does not guarantee that such question will be answered.

The bids will be reviewed by the Township and their agents and scored in accordance with the criteria detailed in Section B.10 of the bid document. The contract will be awarded by the Board of Supervisors at a subsequent meeting of the Board.

Northampton Township reserves the right to waive any minor informalities, irregularities or defects in the bid submission, as the Township deems in its best interests; or to reject any or all of the bids.

All Bidders are required to establish proof of competency and responsibility, in accordance with the technical specifications contained herein.

No bid may be withdrawn within sixty (60) days after the opening thereof, during which time the Township may review the bids and investigate bidder qualifications.

By Order of the Board of Supervisors of Northampton Township

Robert Pellegrino, Township Manager Northampton Township https://pennbid.bonfirehub.com/

B-1

B. INSTRUCTIONS TO BIDDERS

1. BIDDER'S RESPONSIBILITY

Each bidder will familiarize themselves with all of the attached forms, Instructions, General Conditions, Specifications, etc., as they will be held responsible to fully comply therewith. The contractor will bid the project as cost per hour.

2. DELIVERY OF PROPOSALS

All bids shall be submitted electronically via the PennBid Program (https://pennbid.bonfirehub.com/).

It is the responsibility of the bidder to submit their bid prior to the time of opening. Any incomplete or partial bid may be disregarded by Northampton Township.

3. BULLETINS

Bidders will acknowledge receipt of all bulletins that have been issued during period of bidding and agree that said bulletins will become part of this contract. The bidders will list the numbers and issuing dates of the bulletins and addenda received and acknowledge same on the appropriate page provided in the Form of Proposal section of these specifications.

4. METHOD FOR SUBMITTING BIDS

All bids shall be submitted electronically via the PennBid Program (https://pennbid.bonfirehub.com/).

The bidder must complete and provide all forms (form provided entitled “Bidding Forms for Completion by Contractor”) within this document:

• Form of Proposal

• Non-Collusion Affidavit of Prime Bidder

• Addenda (if appropriate)

• Contractor’s Qualification Statement

The bidder will sign its proposal correctly. If the proposal is made by an individual, in addition to their signature, their complete post office address should be given. If made by a firm or partnership, the complete post office address of each member of the firm or partnership must be given. If made by a corporation, the person signing the proposal should be the President or Vice President and the Secretary or Treasurer of the corporation; otherwise, the signing individual's certificate or authority to execute such papers should accompany the proposal.

If bidder has been incorporated in some state other than Pennsylvania, bidder will state whether the corporation is registered to do business in Pennsylvania. If bidder operates under an assumed or fictitious name, they will state whether such name has been registered in Pennsylvania.

No contract will be awarded to a bidder who is a foreign corporation or operating under a fictitious or assumed name unless they have complied or agreed to comply with the proper registration under the laws of this Commonwealth.

No proposal will be considered unless submitted upon the proposal form for the project. Bids must be in the form of price per hour bid as indicated by the form of proposal. For the purpose of comparison of bids received, the methodology outlined in Section B.10 of this document will be used.

B-2

5. PROOF OF BIDDER'S RESPONSIBILITY

On request, bidder will file an experience questionnaire and financial statement with the Owner. The questionnaire and statement will be certified to be true and correct by an affidavit sworn to or affirmed before a notary public, or other officer empowered to administer oaths or affirmations.

6. CHANGES WHILE BIDDING

During the bidding period, bidders may be furnished addenda or bulletins for additions to or alterations of the specifications, if any, which will be included in the Work covered by the Proposal and become a part of the Contract Documents.

If any prospective bidder on the proposed contract is in doubt as to the true meaning of any part of the specifications or other proposed contract documents, they may submit to the Township, a written question via PennBid’s “Questions” tab for an interpretation thereof. Any interpretation of the proposed documents will be made only by an official answer posted to PennBID by the Township. The Owner will not be responsible for any other explanations or interpretations of the proposed documents.

7. BID OPENING PROCEDURE

Proposals will be received by the Owner until the time stated in the "Advertisement." The bids will be reviewed by the Township and their agents and scored in accordance with the criteria detailed in Section B.10 of the bid document. The Owner reserves the right to reject any or all bids, or parts thereof, or to waive any deficiencies, as it may deem best for the interest of the Owner.

8. COLLUSIVE BIDS

The proposal of any bidder or bidders who engage in collusive bidding will be rejected, including but not limited to, any bidder who submits more than one proposal in such a manner as to make it appear that the proposals submitted are on a competitive basis from different parties will be considered a collusive bidder. The Owner may reject the bid proposals of any collusive bidder upon bid opening.

However, nothing in this section will prevent a bidder from superseding a bid proposal by a subsequent proposal delivered prior to bid opening, which expressly revokes the previous bid.

9. WITHDRAWAL OF BIDS

You may withdraw your bid anytime up to bid due date and time by simply clicking on Withdraw Bid, located at the bottom of the “Bid” tab. Once the bid closing time is complete, the PennBID system will automatically submit the bids and no changes will be able to be made after that time. Requests for withdrawal of bids after bid opening due to clerical error will be made in accordance with Commonwealth of Pennsylvania Act. No. 4 (S.B. 793).

10. AWARD OF CONTRACT

The winning contractor will be selected based on the following criteria:

• Rates and cost competitiveness – 35%

• Equipment availability – 25%

• Contractor reliability and relevant experience – 20%

• Compliance with specifications – 10%

• Safety Record – 10%

B-3

Each submission will be scored 1 to 10 points in each of the five categories above and weighted as indicated to provide a final score. This score will be used to assist the Township in selecting the winning bidder.

The Owner will have the right to reject any or all proposals or any parts thereof or items therein. The Owner will have the right to waive technicalities for the best interests of the Owner. If an award of contract is made, it will be made to the highest scoring bidder, within the time period indicated herein under "NOTICE" or all bids may be rejected.

If the winning bidder withdraws its bid, refuses award of contract, the Owner will have the right to award the contract to the next highest scoring bidder or to reject all bids and re-bid the contract.

11. EXECUTION OF CONTRACT

The individual, firm or corporation to whom or to which the Contract has been awarded within ten (10) days after receipt of said Documents will sign and return to the Owner, the Contract Documents.

No proposals or awards will be considered binding upon the Owner unless and until the Contract Documents are properly executed by both parties.

12. FAILURE TO EXECUTE CONTRACT

If the highest scoring responsible bidder to whom the contract is awarded fails to execute the contract within the time specified, the Owner, at his discretion, may award the contract to the second highest scoring responsible bidder, or reject all bids.

13. SUBLETTING OR ASSIGNING OF CONTRACT

The Contractor will not sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, of his right, title or interest therein, without the written consent of the Owner.

14. REJECTION OF PROPOSALS

The right is reserved by the Owner at its discretion to reject any or all bids or parts thereof. Proposals may be rejected if they show any omission, alterations of form, addition or deductions not called for, conditional or uninvited alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any defects or irregularities on proposals.

C-1

C. FORM OF PROPOSAL

FOR:

NORTHAMPTON TOWNSHIP HAULING SERVICES

within

Northampton Township, Bucks County, PA

TO: Northampton Township, 55 Township Road, Richboro, PA 18954 Attn: Mr. Robert Pellegrino

This proposal is submitted in accordance with your advertisement inviting proposals to be received by 1:00 PM, April 27, 2026.

The undersigned hereby declare(s) that ______________________________ carefully examined the

Advertisement, Specifications and Form of Agreement for the services named above; that ______________________________ will contract to carry out the hauling services as specified and delineated at the rate per hour specified and provide the number of trucks noted.

It is understood that the total score received as determined by the Township selection committee in accordance with the criteria stated in Section B.10 will control in the award of the Contract.

It is understood that the following information will be used as part of the evaluation of the criteria stated in Section B.10:

Number of Trucks Available for Asphalt Deliveries: _________

Number of Trucks Available for Salt Deliveries: __________

Rates:

• Hauling asphalt (tri‑axle): $________ per hour

• Hauling salt (tri‑axle): $________ per hour

• Emergency/After‑Hours Rate: $________ per hour

Northampton Township reserves the right to reject any and all bids. It, likewise, reserves the right to waive any nonconformity with respect to any bid or any error with respect to the same, which does not constitute a substantial departure from the requirements herein set forth. The determination of whether an error or departure is of substance rests within the sole domain of the Township.

SIGN

TITLE

FIRM NAME

ADDRESS

C-2

2. NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of ) County of ) ) ss:

being duly sworn, deposes and says that:

(Name of Bidder’s Representative)

1) They are (Capacity of Bidder’s Representative – i.e., Owner, partner, officer, agent, etc.)

of (Name of Bidder)

2) They are fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

3) Such Bid is genuine and is not a collusive or sham bid;

4) Neither the said Bidder nor any of its officers, partners, Owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Owner to which the attached Bid is being submitted or any person interested in the proposed Contract; and

5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, Owners, employees, or parties in interest, including this affiant.

(Name of Bidder)

(Signature of Bidder’s Representative)

(Title of Bidder’s Representative)

Sworn to and subscribed before me this day of , A.D. 20 .

(Signature of Notary)

My Commission Expires: .

(Title) (Date)

C-3

3. ADDENDA:

The bidder acknowledges receipt of the hereinafter enumerated addenda that have been issued during period of bidding and agrees that said addenda will become a part of this contract. The bidder will list below the numbers and issuing dates of the addenda.

Addendum No. Issuing Date

The undersigned hereby certifies that this Proposal is genuine, and not sham or collusive, or submitted in the interest or on behalf of any person, firm or corporation not herein named, and has not induced any other persons to refrain from biddings, and has not in any way sought by collusion to secure for themself an advantage over any other bidder.

(an Individual) The undersigned is: (a Partnership) under the laws of the State of _____________________ (a Corporation) having principal offices at:

Signed: ____________________________________________ Date: _____________

Address: ____________________________________________

C-4

4. CONTRACTOR’S QUALIFICATION STATEMENT

Note: Attach separate sheets as required.

The undersigned certified the truth and correctness of all statements and of all answers to questions made hereinafter.

TO: Northampton Township 55 Township Road Richboro, PA 18954

Submitted by: Corporation

Name: Partnership

Address: Individual

Principal Office: Joint Venture

Other

How many years has your organization been in business as a Contractor?

How many years has your organization been in business under its present business name?

If a corporation, answer the following:

1) Date of incorporation:

2) State of incorporation:

3) President’s name:

4) Vice President’s name(s):

5) Secretary or Clerk’s name:

6) Treasurer’s name:

7) List name and address of all parties holding greater than ten percent (10%) interest in the corporation:

C-5

If individual or partnership, answer the following:

1) Date of origination:

2) Name and address of all partners (State whether general or limited partnership):

If other than corporation or partnership, describe organization and name principals:

List and provide the number of accidents/insurance claims your organization has had related to hauling services over the past three (3) years.

List five (5) past clients and/or municipalities in which your organization has provided hauling related services to in the past and provide a contact number for each.

C-6

Dated at this day of , 20 .

Name of Organization:

By:

Title:

M , being duly sworn, deposes and says that he/she is the of Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn before me this day of , 20 .

Notary Public:

My Commission Expires:

E-1

D. GENERAL CONDITIONS

1. DEFINITIONS

The OWNER is the party referred to in the Advertisement and whenever the word Owner is used herein it will refer to Northampton Township and designate the party of the first part of the Contract contained herein.

The CONTRACTOR is the individual, group, partnership or corporation undertaking to do the Work herein specified (including their heirs, legal representatives, successors or assigns) and is the party of second part of the Contract contained herein.

The CONTRACT DOCUMENTS consist of the Advertisement, Instructions to Bidders, Form of Proposal, General Conditions, Contract Specifications, Form of Agreement, and Addenda.

A SUB-CONTRACTOR is an individual group, partnership or corporation, having a direct Contract with the Contractor to furnish a special service, or labor towards the Completion for the Contractor’s Contract.

The term WORK, used herein, includes all labor, equipment and any other facilities necessary for the Contractor to complete the Contract.

The CONTRACT is the agreement between the Owner and Contractor for the Contractor to complete the Work in accordance with the Contract Documents, subject to the terms and conditions therein.

The term APPROVED, used herein, will be held to mean as Approved by the Township.

NOTICE will be deemed to have been duly served if written and delivered in person to the individual, or to a member of the firm, or to an officer of the Corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to the party who gives Notice.

2. SUB-CONTRACTS

No part of the Contract will be sublet without the prior written approval of the Owner, or their representatives, and setting forth requirements to be met.

3. MUTUAL RESPONSIBILITY OF CONTRACTORS

If, through acts or neglect on the part of the Contractor, any other Contractors, or any Subcontractor, will suffer loss or damage on the Work, the Contractor will settle with such other Contractor or Subcontractor by agreement or arbitration, if such other Contractor or Subcontractor will so settle. If such other Contractor, or Subcontractor will assert any claim against the Owner on account of any damage alleged to have been so sustained, the Owner will notify this Contractor, who will defend at its own expense any suit based upon such claim and, if any judgment or claims against the Owner will be allowed, the Contractor will pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith. If the Owner incurs attorney’s fees as a result of any claim against the Owner by the Contractor or any Subcontractor, such attorney’s fees will be paid by the Contractor or Subcontractor as the case may be.

4. PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be inserted in this Contract will be deemed to be inserted herein and the Contract will be read and enforced as though it were included

E-2 herein; and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party the Contract will forthwith be physically amended to make such insertion.

5. PROTECTION OF WORK AND PROPERTY

The Contractor will provide adequate protection against injury or loss arising in connection with this Contract for all their Work and the property of the Owner. They will make good any such damage, injury or loss, except such as may be due directly to errors or caused by agents or employees of the Owner. They will adequately protect adjacent property as provided by law.

6. TERMINATION

The Township may terminate the contract for non‑performance, safety violations, regulatory non‑compliance, or failure to maintain insurance.

7. DISPUTES

All disputes arising under this Contract or its interpretation, whether involving law or fact or both, or extra Work and all claims for alleged breach of Contract within (10) days of commencement of the dispute be presented by the Contractor to the Owner for decision. All papers pertaining to claims will be filed in quadruplicate. Such notice need not detail the amount of the claim but will state the facts surrounding the claims in sufficient detail to identify the claim, together with its character and scope.

In the meantime, the Contractor will proceed with the Work as directed. Any claim not presented within the time limit specified within this paragraph will be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt by the Owner of notice thereof.

The Contractor will submit in detail their claim and their proof thereof. Each decision by the governing body of the Owner will be in writing and will be mailed to the Contractor by registered mail, return receipt requested.

If the Contractor does not agree with any decision of the Owner, they will in no case allow the dispute to delay the Work but will notify the Owner promptly that they are proceeding with the Work under protest and they may then except the matter in question from the final release.

8. DAMAGES

Should either party to the Contract suffer damages because of any wrongful act or neglect of the other party or of anyone employed by them, claim will be made in writing to the party liable within a reasonable time of the first observance of such damage, subject to Section 18 (DISPUTES) and not later than the final payment, except as expressly stipulated otherwise in the case of faulty Work or equipment, and will be adjusted by agreement or arbitration.

9. SAFETY AND HEALTH REGULATIONS (OSHA)

The Contractor will comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-54). All work must be in compliance with State and Federal Occupational Health and Safety Regulations.

E-3

10. NOTICE TO PROCEED

As soon as practical after approval of the Contracts and insurance certificates by the Owner, a written Notice to Proceed will be sent.

11. INDEMNIFICATION

The Contractor will indemnify, protect, defend, and hold harmless the Owner and their agents and employees from and against all claims, damages, losses and expenses including attorney’s fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense, including without limitation claims for bodily injuries, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, provided that such claim, damage, loss or expense is caused in while or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in party by a party indemnified hereunder.

In any and all claims against the Owner or any of their agents or employees by any employee of the Contactor, and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose agents any of them may be liable, the indemnification obligation will not be limited in any way by any limitation on the amount or type of damages, compensation of benefits payable by or for the Contractor or any Subcontractor under workmen’s compensation acts, disability benefit acts or other employee benefit acts.

12. CONTRACTOR'S INSURANCE

The Contractor will not commence work under this contract until they have obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor will the Contractor allow any subcontractor to commence work on their subcontract until all similar insurance required of the subcontractor has been so obtained and approved.

The Contractor will either: require each subcontractor to procure and maintain during the life of their sub-contract, insurance of the type and in the same amounts as specified; or insure the activities of their subcontractors in their own policy.

A 30-Day Notice of Cancellation must be provided to the Owner and be so indicated on the Certificate for all policies.

The contractor and sub-contractor (if not covered under contractor insurance) shall name Northampton Township as additional insured.

Two (2) original copies of all Certificates must be provided.

Umbrella Policies will spell out the primary coverage to which the excess coverage will apply.

Only certificates of insurance from companies licensed to do business in the state where the Owner is located will be approved.

All contractors are required to procure and maintain the following insurance coverages.

• Commercial General Liability: $1,000,000 per occurrence

• Automobile Liability: $1,000,000 per occurrence (covering owned, hired, non‑owned vehicles)

E-4

• Workers’ Compensation as required by Pennsylvania law

Certificates of insurance must name the Owner as certificate holder and provide 30 days’ notice of cancellation.

13. PAYMENT TO CONTRACTOR

Contractor will be paid according to approved unit pricing and verified delivery tickets.

14. CONTRACT STANDARDS ACT

The following stipulations are hereby included in each Contract subject to the Contract Work Hours Standards Act:

a) Overtime Requirements

No Contractor or Subcontractor contracting for any part of the Contract Work will require or permit any driver to be employed on such Work in excess of forty (40) hours in any work week unless such laborer or mechanic receives compensation at a rate of not less than one and one half times their basic rate of pay for all hours worked in excess of forty (40) hours in such work week.

b) Violations: Liability for Unpaid Wages: Liquidated Damages

In the event of any violation of the clause set forth in paragraph (a), the Contractor and any Subcontractor responsible therefore will be liable to any affected employee for their unpaid wages. In addition, such Contractor or Subcontractor will be liable to the United States for liquidated damages. Such liquidated damages will be computed, with respect to each individual laborer or mechanic employed in violation of clause (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of forty hours in a work week without payment of the overtime wages required by clause (a).

c) Withholding for Unpaid Wages

The Local Public Agency may withhold from any monies payable on account of Work performed by the Contractor or Subcontractor the full amount of wages required by the Contract.

d) Insertion of Clauses in Subcontracts

The Contractor agrees to insert the foregoing clauses a), b), c), and this clause d) in all Subcontracts.

15. NON-DISCRIMINATION/SEXUAL HARASSMENT CLAUSE

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

a) In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the Contract or any subcontract, the Contractor, subcontractor, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of gender, race, creed, or color, discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

b) Neither the Contractor nor subcontractor nor any person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work, or any other activity required under the Contract on account of gender, race, creed, or color.

E-5

c) The Contractor and subcontractors shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.

d) The Contractor shall not discriminate by reason of gender, race, creed or color against any subcontractor or supplier who is qualified to perform the work to which the Contract relates.

e) The Contractor and each subcontractor shall furnish all necessary employment documents and records to and permit access to their books, records, and accounts by the contracting agency and the Bureau of Contract Administration and Business Development, for purposes of investigation, to ascertain compliance with provisions of this Nondiscrimination/Sexual Harassment Clause. If the Contractor or any subcontractor does not possess documents or records reflecting the necessary information requested, the Contractor or subcontractor shall furnish such information on reporting forms supplied by the contracting agency or the Bureau of Contract Administration and Business Development.

f) The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subcontract so that such provisions will be binding upon each subcontractor.

F-1

E. CONTRACT SPECIFICATIONS

NORTHAMPTON TOWNSHIP HAULING SERVICES

within

Northampton Township, Bucks County, PA

1. GENERAL CONDITIONS

a) Scope

The purpose of this contract is to provide reliable, on‑call hauling services of asphalt, salt, and other aggregates to various locations designated by the Township. Contractors shall furnish labor, equipment, and transportation using tri-axle dump trucks in accordance with the technical specifications contained herein.

The following paragraphs outline minimum acceptable standards to be followed for the Northampton Township Hauling Services contract as indicated in the bid documents including contract specifications.

The Contractor shall provide all trucks, drivers, labor, fuel, insurance, and equipment necessary to complete hauling operations as directed.

The Work will be executed in the most workmanlike manner by qualified, careful and experienced drivers.

b) Federal and State Requirements

The Contractor will at all times observe and comply with all Federal and State laws and regulations, and local bylaws, ordinances and regulations in any manner affecting the conduct of the Work or applying to employees on the project, as well as all safety precautions and orders or decrees which have been promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the Work, materials, equipment, employees, or the Contract; such observance and compliance will be solely and without qualification the responsibility of the Contractor without reliance or direction by the Township. The duty of enforcement of all said laws, ordinances, regulations, order or decrees lies with the body or agency promulgating them, not with the Township.

c) Safety

The Contractor must comply with OSHA, DOT, FMCSA, and state safety regulations.

All spills, accidents, and safety violations must be reported immediately.

Contractor is responsible for cleanup and damage caused by spills or unsafe operation.

F-2

d) Subcontractors

The names and references (including person to contact) of all Subcontractors to be used on the project will be submitted by the Contractor for review and approval by the Township.

2. CONTRACTOR RESPONSBILITY

General

The Contractor shall provide all trucks, drivers, labor, fuel, tolls, insurance, and equipment necessary to complete hauling operations as directed.

Equipment Requirements

All equipment must meet the following minimum requirements:

− All vehicles must be tri‑axle dump trucks.

− Trucks must comply with FMCSA, Pennsylvania DOT, and local regulations.

− Trucks must be roadworthy with valid registration, inspection, and insurance.

− Asphalt loads must be covered using functioning tarps or equivalent.

− Trucks must prevent leakage, spillage, or contamination of materials.

Driver Requirements

− All drivers must hold a valid CDL.

− Drivers must comply with FMCSA hours‑of‑service regulations.

− Drivers must maintain a clean driving record.

− In order to pick up salt from port facilities, drivers may be required to have TWIC card in order to enter the facility. TWIC cards for the drivers will be the responsibility of the hauler/driver, not the Township.

Operational Requirements

− Contractor must provide trucks as needed.

− Typical paving work requires an average of 5 trucks per day and a maximum of 8 trucks per day with an 8 hour minimum. Approximately 20 days of paving work anticipated.

− Typical salt deliveries may require up to 10 trucks per day.

− Must be available for routine, after‑hours, and emergency work.

− Delivery tickets must include date, time, pickup location, destination, material, weight of material, and driver information.

I-1

(TO BE COMPLETED AFTER AWARD)

F. FORM OF AGREEMENT

THIS AGREEMENT is made as of this of , , by and between the day month year

Township of Northampton, a Pennsylvania First Class Township with offices located at 55 Township Road, Richboro, PA 18954 (hereinafter referred to as "the Township"), and___________________, a Name of Contractor ________________ with offices located at _________________________ (hereinafter referred to as "Contractor").

State Form of Entity Address

WITNESSETH:

WHEREAS, on April 27, 2026, the Township solicited for Bids to perform the Work identified as the

Northampton Township Hauling Services within Northampton Township (“Solicitation”) as described by the Contract Documents identified herein; and

WHEREAS, on ___________, the Contractor submitted a Bid in response to the Solicitation; and

WHEREAS, on ____________, the Township determined Contractor to be the most responsible bidder in accordance with the criteria stated in Section B.10; and the Township approved the award of a contract to the Contractor based on the terms and conditions of the Contract Documents and the Contractor’s Score; and

WHEREAS, the Contractor complied with all pre-award requirements of the Contract Documents.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements herein contained, the parties hereto, intending to be legally bound, do covenant, promise and agree as follows:

1. The recitals above are incorporated by reference as if fully set forth at length herein.

2. The Contract Documents are hereby incorporated into and made part of this Agreement to the extent as if they were herein fully set forth.

3. Contractor shall complete all work and provide all services as specified or indicated in the Contract

Documents. The Work is generally described as follows:

Northampton Township Hauling Services within Northampton Township

4. The Contract Documents consist of this Agreement, all modifications to this Agreement, and the following documents and all other documents specifications and other requirements referred to therein:

Bid Notice/Request for Proposals

Instructions to Bidders Form of Proposal (including Non-Collusion Affidavit, Contractor’s Qualification Statement) General Conditions Contract Specifications Form of Agreement

Bid/Proposal

These documents form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

5. The Contractor agrees to furnish all equipment and to do and perform all labor and services, and to execute in a workmanlike manner all the specified Work requirements, and obligations. All of said

Work is to be done in strict accordance with the specifications and other terms and conditions of this Agreement to the satisfaction and acceptance of the Township.

6. As compensation for the Work performed under this Agreement, the Township shall pay Contractor according to approved unit pricing and verified delivery tickets.

7. The contract term shall be for one (1) year, with the option to extend for up to two (2) additional one‑year periods at the Township’s discretion.

8. All Contractor performance under this Agreement shall be subject to approval of the Township Public Works Director

9. The Contractor agrees to begin performance of the Work under this Agreement promptly after notice from the Township to proceed and provide the required services until the expiration of the Agreement.

10. No modification or changes of this Agreement shall be made except by written instrument duly authorized by the Township in accordance with the Contract Documents.

11. Contractor has familiarized itself with the nature and extent of the Contract Documents, and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

12. Contractor has given Township written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Township is acceptable to Contractor.

13. Contractor’s relationship with the Township shall at all times be that of an independent contractor.

The method and manner in which Contractor delivers services under this Agreement shall be determined by Contractor, in its sole discretion, and the Township will not exercise control over Contractor or its employees except insofar as may be reasonably necessary to ensure performance and compliance with this Agreement and the Contract Documents. The employees, methods, equipment and facilities used by Contractor shall at all times be under its exclusive direction and control. Nothing in this Agreement shall be construed to designate Contractor, or any of its employees, as employees or agents of the Township.

14. Any notice, request or other communication to either party by the other concerning the terms and conditions of this Agreement shall be in writing and shall be deemed given only (i) when actually received by the addressee or (ii) sent postage prepaid, by certified or registered United States mail, return receipt requested, addressed as follows:

If to Contractor:

With a copy to:

(Optional)

If to the Township: Northampton Township

Attention: Robert Pellegrino 55 Township Road Richboro, PA 18954

The person and the place to which notices are to be mailed to either party may be changed from time to time by notice given in accordance with this Agreement.

15. Termination for Default.

(a) In the event the Township decides to terminate this Agreement for failure of Contractor to perform satisfactorily, the Township will give Contractor at least fifteen (15) days’ written notice to cure the default before the termination takes effect. Such cure period will begin upon the mailing of notice by the Township. If Contractor fails to cure the default within the specified fifteen (15) days, or such greater length of time as may be specified in the notice, and the Agreement is terminated for Contractor’s failure to provide satisfactory performance, Contractor will be entitled to receive compensation for all services satisfactorily performed by Contractor, allocable to this Agreement and accepted by the Township prior to such termination.

(b) In the event that any termination for default shall be found to be improper or invalid by any court of competent jurisdiction, then such a termination shall be deemed to have been a termination for convenience.

16. Termination for Convenience.

(a) The Township may terminate this Agreement at any time with or without cause by giving thirty (30) days notice to Contractor, in which event the Township’s sole obligations shall be to compensate Contractor for work actually performed and expenses incurred up to the date of termination. In no event will any payment exceed the compensation provided for in this Agreement.

(b) Contractor shall stop work on the date of receipt of notice of the termination or other date specified in the notice and terminate all subcontracts and settle all outstanding liabilities and claims.

17. Indemnity. Contractor agrees to indemnify and hold harmless the Township, and its directors, officers, employees, agents, third party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, against any and all losses, damages, liabilities, judgments, awards and costs (including without limitation, reasonable legal fees and expenses) arising out of or related to any

(i) breach or alleged breach of this Agreement by Contractor, (ii) claim that the Township’s use or possession of the system, delivered by Contractor as part of the Project or any part thereof or documentation related thereto, infringes or violates, any patent, copyright, trade secret or other proprietary right of a third party and/or (iii) violation of any local, state or federal rule, regulation or statute in the performance of Contractor’s work hereunder. Contractor shall defend and settle, at its sole cost and expense, all suits, actions or proceedings, of every nature and description, arising out of or related to any of the foregoing. No settlement which prevents or in any way diminishes the Township’s ability to use the system, as provided and described by the Agreement and the Bid, or which requires the Township to admit to any wrongdoing or pay any sums of money, shall be made without the Township’s prior written consent, which consent may be withheld in Township’s sole discretion. In all events, the Township and its directors, officers, employees and agents, which or who may be named defendants in any such suit, action or proceeding, shall have the right, but not obligation, at its or their own expense to participate in the defense of the suit, action or proceeding through counsel of its or their own choosing.

18. Conflicts. During the term of this Agreement, Contractor will not without the consent of the Township accept from other clients or customers any assignments or tasks which substantially conflict with the objectives of this Agreement. Contractor shall give written notice to the Township with respect to any such assignments or tasks. Such notice shall set forth in reasonable detail the services Contractor would undertake to perform in connection with such assignments or tasks. The Township agrees to grant or deny its consent to Contractor’s acceptance of the assignments or tasks described in the notice within 10 days after the notice is given; the Township shall be deemed to have granted its consent if no action is taken by Township within said 10-day period.

19. No omission or delay by either party to this Agreement at any time to enforce any right or remedy reserved to it, or to require performance of any of the terms of this Agreement, shall be a waiver of any such right or remedy to which either party is entitled, nor shall it in any way affect the right of either party to enforce such provisions thereafter.

20. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. The parties hereto consent to jurisdiction and venue of all matters relating to this Agreement in the state and local courts in and for Bucks County, Pennsylvania.

21. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity of all other provisions hereof shall in no way be affected thereby.

22. Contractor assumes all liability, with respect to the Township, for its subcontractors. All relevant provisions of this Agreement which benefit the Township, including but not limited to indemnification and insurance provisions, will be a part of any agreement that Contractor enters into with a subcontractor.

23. Force Majeure. In the event that performance by either party of any of its obligations or undertakings under this Agreement shall be interrupted or delayed by any occurrence not occasioned by the conduct of either party hereto, whether such occurrence be an act of nature such as lightning, earthquake, flood or other like cause, the common enemy, the result of war, riot, strike, lockout, civil commotion, sovereign conduct, explosion, fire or the act or conduct of any person or persons not a party to or under the direction or control of a party hereto, then such performance shall be excused for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

24. Compliance with Law and Regulations. Contractor’s performance of all Work hereunder and in accordance with the Agreement shall comply with applicable federal, state, and local laws, rules, and regulations. Contractor shall give required notices, shall procure necessary governmental licenses and inspections, and shall pay without burden to the Township all fees and charges in connection therewith unless specifically provided otherwise. In the event of violations, Contractor shall pay all fines and penalties, including attorney’s fees, and other defense costs and expenses in connection therewith.

25. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings relating to the services required under this Agreement.

26. Successors and Assignees. Neither party hereto shall assign or transfer this Agreement or any of its rights or obligation hereunder without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.

27. Counterpart Signatures. This Agreement may be executed in separate counterparts and when duly executed by all parties hereto, shall constitute a single agreement binding upon all such parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officials as of the date first written above.

ATTEST: CONTRACTOR

(Signature) (Signature of Authorized Official)

Date:

(Typed Name & Title of Authorized Official)

ATTEST: NORTHAMPTON TOWNSHIP

(Signature) (Signature of Authorized Official)

Date:

(Typed Name & Title of Authorized Official

1. CONTRACTOR'S RELEASE

KNOW ALL MEN BY THESE PRESENTS THAT:

(Contractor) of County and State of does hereby acknowledge that they have received this day of and from the

(Owner) the sum of ONE DOLLAR ($1.00) and other valuable consideration in full satisfaction and payment of all sums of money owing payable and belonging to

(Contractor) by any means whatsoever, for on account of a certain agreement hereinafter called the CONTRACT, between the said

(Owner) and (Contractor) dated .

NOW THEREFORE, the said (Contractor) (for myself, my heirs, executors and administrators) (for itself, its successors and assigns) do by these presents remise, release, quit-claim and forever discharge the said (Owner) its successors and assigns, of and from all claims and demands arising from or in connection with the said CONTRACT dated and of and from all, and all manner of action and actions, cause and causes of action and actions, suits, debts, dues, duties, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extents executions, claims and demand, whatsoever, in law or equity, or otherwise which against the said

(Owner) its successors and assigns, ever had, now have, or which (I, my heirs, executors, or administrators)

Sheet 1 of 3

(it, its successors and assigns) hereafter can, will or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the Work to the date of these presents.

IN WITNESS WHEREOF

(Contractor) has caused these presents to be duly executed the day of , 20 .

Signed, Sealed and Delivered in the presence of:

By: (SEAL) (Individual)

(SEAL)

(Partnership Contractor)

By: (SEAL) (Partner)

ATTEST:

(SEAL)

By: (SEAL) (President or Vice-President) (Secretary)

(CORPORATE SEAL)

Sheet 2 of 3

AFFIDAVIT

2. ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

State of ) )ss:

County of ) being duly sworn according to law deposes and say he has that they have accepted the provisions of the Workmen’s Compensation Act it has of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and has his have insured their liability thereunder in accordance.

it with the terms of said Act with .

[type or print] (Surety Company)

[type or print] (Contractor)

By:

(signature)

Sworn to and subscribed before me this day of , A.D. 20 .

My Commission Expires:

(date)