Mandatory Pre-Bid Summary: CLICK HERE
Addendum #1, July 9, 2026: CLICK HERE
Addendum #2, July 28, 2026: CLICK HERE
RESIDENT OPT-OUT INFORMATION: The deadline for resident opt-out was July 31. We had opt-out forms submitted for 25 properties.
Questions and Answers:
8/5/2026 Questions:
1. We want to know if the township intends to enforce the use of Auto Side Load trucks and not allowing servicing both sides of the street.
ANSWER: Absolutely. Safety is extremely important to the Township and we intend to strictly enforce these provisions.
7/28/2026 Questions:
- Does the Surety need to sign the contract after award? Pg. 44/45 has signature blocks that include the surety. It would be difficult for that to happen in person.
- We have several issues with the Obligee Performance Bond, pgs. 18-21/48:
- Performance of the entire contract: Includes language that ties the bond to the entire Contract.
- Please ask them to add the text in BLUE below:
- Performance of the entire contract: Includes language that ties the bond to the entire Contract.
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") relative to performance, and making good any wrongdoing, misconduct, want of care or skill, negligence, or default, upon the part of the CONTRACTOR, its agents or employees; and
- Includes Demand/Forfeiture language: "...Obligee shall have the right to demand payment of full amount of this Bond."
- Please ask them to cut Sections 4, and 5, as it is related.
- Or, would they accept our standard Performance Bond form after contract award instead?
- Copy is attached for review and approval.
- Cure language: They only provide 24 hrs. to cure for minor breach of contract. Please ask them to add to Section B, pg. 40/48: “so long as at least 15 days to cure any performance defaults has been provided.”
The Risk: We recommend 15 days as the Notice to Cure. If it is less than that, it may not give Republic or the Surety enough time to correct the issue and thus the contract would be in default.
- Strikes & Work Stoppage: excluded from FM clause, would you please ask for them to include strikes and other work stoppages? “Strikes, pickets, work stoppages, work slow-downs, walk-outs and other labor difficulties, whether within the control of the Contractor or not, shall not constitute an Uncontrollable Circumstance, or otherwise excuse any breach of this Contract.” pg. 39/48.
The Risk: If Strikes and work stoppage are included in the contract outside of the Force Majeure clause (or are excluded from) this opens Republic up to the risk of defaulting on the contract due to a Strike or Work Stoppage.
ANSWERS:
1. The Township can issue an addendum stating that the signature of the Surety on the Contract (page C-21) is not necessary.
2. I cannot recommend that the Township agree to any of the requested revisions to the Performance Bond in the Solicitation. That form Performance Bond was prepared by LCSWMA and has been used in bidding documents for solid waste and recyclable collection for many years. To my knowledge no successful bidder which has been awarded a contract has been unable to obtain a performance bond using that form. I especially note that the deletion of Paragraph 4 could place the Township in the position of having no performance security in the second and/or third year of the Contract. The Surety could inform that Township that it will not renew the bond, Republic Waste as Contractor could fail to post alternate performance security, and the Township would be left with either having the contractor continue to perform without performance security or dealing with a major breach of the Contract. The alternate bond form provided by Republic Waste is not acceptable because it fails to provide the Township with the same level of protection as the form Performance Bond in the bidding documents.
3. Section 19 of the Contract in the bidding documents (pages C-15 and C-16) distinguishes between minor breaches, major breaches, and a breach by mixing loads. A missed pickup is a minor breach which any hauler should be required to address in 24 hours. Similarly, mixed loads must retain the penalties as set forth in the bidding documents. If the Township desires, it could issue an addendum which would revise Section 19.B on page C-16 to add the language in bold:
B. Material Breach
For material breaches other than mixed loads governed by Section 19.C, including without limitation, intentional breaches, noncompliance with applicable law, failure to maintain applicable LCSWMA and other governmental licenses, failure to maintain the insurance required under this Contract, misrepresentation on Monthly Municipal Reports or weight receipts or similar documents, three minor breaches in any three month period, including failure to collect from Customers, the Contractor’s insolvency or a filing by the Contractor or on its behalf of any bankruptcy proceeding, the Municipality may elect one or more of the following after providing Contractor with written notice of the breach and an opportunity to cure which shall not exceed 10 calendar days:
1. Any of the remedies provided above for minor breaches,
2. Partial or total termination of the Contract, and
3. Damages
4. I cannot recommend the deletion of the language requested concerning work stoppages. The Township has no control over the relationship between Republic Waste (or any other bidder) and its employees. Removing the language as requested places all risks relating to work stoppages on the Township. Deleting the sentence, “Strikes, pickets, work stoppages, work slow-downs, walk-outs and other labor difficulties, whether within the control of the Contractor or not, shall not constitute an Uncontrollable Circumstance, or otherwise excuse any breach of this Contract.”, would allow the Contractor to take an action (such as a cut in employee pay resulting in a walkout or a lockout), fail to collect in the Township, and not be in breach of the contract. That language has been part of the standard LCSWMA bidding documents used by many Lancaster County municipalities for many years and has been acceptable to bidders.
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7/22/2026 Question:
On page 13 – Item 8. “Provide dates and details of any local, state, federal safety, environmental, and/or OSHA violations in the past five (5) years of service for all customers, prior or current (attach extra sheets if needed).
Should this read “bidder sites” instead of “customer”? We won’t have a compliance history for our customers, just the bidding entity itself and its operations.
Answer: A bidding entity becomes your customer as a result of a contract if awarded to you. If you provide services outside of a municipal contract i.e. directly to residents, then they too would be “customers.”
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Public Notice: Sealed bids will be received by the Board of Supervisors of West Hempfield Township until August 10, 2026 at 10:00 a.m., and will be publicly opened and read at 10:30 a.m. the same day at the West Hempfield Township Municipal Office, 3476 Marietta Avenue, Lancaster, PA, 17601, for the collection of Contract Waste and Recyclable Materials within both West Hempfield Township and Mountville Borough. This bid will include the years 2027, 2028 and 2029, with two optional years of 2030 and 2031.
A mandatory pre-bid meeting will be conducted on July 09, 2026 starting at 10:00 A.M., at the West Hempfield Township Municipal Office.
Specifications may be obtained at the West Hempfield Township Office, 3476 Marietta Avenue, Lancaster, PA, 17601, Monday through Thursday, between 7:30 a.m. and 5:00 p.m. or on the Township’s website at www.westhempfield.org. All bids are to be marked “Bid for Contract Waste and Recyclable Materials Collection” on the outside of the sealed envelope. Each Bid must be accompanied by a certified check, cashier’s check or Bid Bond in the amount of forty thousand dollars ($40,000). The Supervisors intend to take action on awarding the contract at their public meeting September 1, 2026. The Supervisors reserve the right to reject any or all bids, and to award the contract in the best interest of the Township and Borough.
CLICK HERE for BID PACKET.