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THE SCHOOL DISTRICT CITY OF ERIE, PA

April 2020 Bidder Must Deposit With Bid - CERTIFIED CHECK Or BID BOND for $1,000.

BIDDING BLANK

BID ON WASTE REMOVAL AND RECYCLING SERVICES

The Board of Directors of the School District of the City of Erie, PA

Gentlemen: We, the undersigned, hereby propose to remove all of the above from the various buildings of the School District of the City of Erie, PA, in accordance with the conditions and specifications stated herein, for the sum of:

Five (5) Year Contract WASTE/TRASH PICKUP RECYCLING SERVICES (Alternate Bid)

2020-2021 $ $

2021-2022 $ $

2022-2023 $ $

2023-2024 $ $

2024-2025 $ $

GRAND TOTAL $ $

Bids shall be sealed and endorsed on the envelope “Bid on Waste Removal and

Recycling Services” and delivered to School District of the City of Erie, Service Center, ATTN: BIDS, ADDRESS, Erie, PA 16502, by Wednesday, April 29, 2020, 2020, at 1:30 p.m. Bids shall be delivered in either person, via a contract carrier such as UPS, FedEx, etc., or via electronic submission to bids@eriesd.org. The subject line on electronic submissions shall be marked “Bid on Waste Removal and Recycling Services.” Bids may not be mailed via USPS. Late bids will be rejected. Bids will be opened, either in person or virtually, on Thursday, April 30, 2020, at 11:00 am. Award of bid may be made at the regular meeting of the Board on May 13, 2020, at 6 pm.

It is the intent of the District to hold the bid opening in person at the Administration Building, 148 West 21st Street, Erie, PA 16502 on the date and at the time indicated above. However, as a result of the state of emergency declared by the Governor due to the novel coronavirus COVID-19 outbreak, the School District reserves the right to hold the bid opening using an online format. The School District will notify all entities that requested a Request for Proposal of the manner and procedure that the District will use to conduct the bid opening no later than two (2) business days prior to the bid opening. If an interested proposer requires reasonable accommodations to

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participate in an online format bid opening due to a disability, if the interested proposer wishes to participate in the meeting but does not have internet access, or if a member of the public wishes to participate electronically, contact John Kuhn, Controller, at jkuhn@eriesd.org.

The Board of School Directors shall accept the bid of the lowest responsible bidder meeting specifications, kind, quality and material being equal, but shall have the right to reject any and all bids and to waive defects in form. The Board is not obligated to accept the lowest or any other bid.

Respectfully submitted: ___________________________ ___________________________ ___________________________

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THE SCHOOL DISTRICT CITY OF ERIE, PA

GENERAL CONDITIONS

Bidder will carefully read the specifications and visit the buildings where rubbish, trash, garbage and all waste materials (“Refuse”) are to be removed, to thoroughly acquaint themselves with the scope of work involved and existing conditions by contacting the Engineer in each building. [NEED TO CREATE NEW EXHIBIT WITH ENGINEER CONTRACT INFORMATION]

Bids are to be submitted on the attached bid blank.

No bids can be withdrawn prior to the date of the next regular meeting of the Board of School Directors following the bid opening, except as permitted by law. A violation of this provision on the part of the bidder or a failure to comply with the Award made shall cause the bidder to forfeit to the Board his deposit as liquidated damages for his breach of contract.

Bids shall be sealed and endorsed on the envelope “Bid on Waste Removal and Recycling Services” and delivered to School District of the City of Erie, Service Center, ATTN: BIDS, ADDRESS, Erie, PA 16502. Bids must be delivered in either person or via a contract carrier such as UPS, FedEx, etc. Bids may not be mailed via USPS due to alternative delivery arrangements required by COVID-19. Late bids will be rejected.

Bids will be opened, either in person or virtually, on Thursday, April 30, 2020, at 11:00 A.M. Award of bid may be made at the regular meeting of the Board, May 13, 2020, at 6 p.m. It is the intent of the District to hold the bid opening in person at the Administration Building, 148 West 21st Street, Erie, PA 16502 on the date and at the time indicated above. However, as a result of the state of emergency declared by the Governor due to the novel coronavirus COVID-19 outbreak, the School District reserves the right to hold the bid opening using an online format. The School District will notify all entities that requested a Request for Proposal of the manner and procedure that the District will use to conduct the bid opening no later than two (2) business days prior to the bid opening. If an interested proposer requires reasonable accommodations to participate in an online format bid opening due to a disability, if the interested proposer wishes to participate in the meeting but does not have internet access, or if a member of the public wishes to participate electronically, contact Neal Brokman at nbrokman@eriesd.org.

A CERTIFIED CHECK OR BID BOND in the amount of $1,000 made payable to the School District City of Erie, PA, is to accompany each bid as a guarantee of good faith. The certified check or bid bond shall be forfeited to the School District of the City of Erie as liquidated damages in the event of the failure of the bidder to accept any contract award.

If notified of the acceptance of this bid, the Successful Bidder agrees to execute a contract for the above work within fifteen (15) days after the time set for the opening of the bids. The contract shall be in a final form approved by the School District. The Successful Bidder shall include a proposed form of agreement with its bid submission. The School District reserves the right to negotiate edits and revisions to the agreement with the Successful Bidder. All bid documents shall be incorporated into the proposed agreement. In the event that a term of the executed agreement conflicts with a term contained within this bid packet, the terms contained within this bid packet shall control.

It is the desire of the School District of the City of Erie, that Erie Labor be employed at the prevailing wage in the City of Erie, and that Erie materials be used in the work required to be done as much as possible.

The Successful Bidder will be required to furnish a Surety Company Bond in the amount of 100% of the total bid as an assurance that the contract will be fulfilled. Premium for the bond shall be paid in full by the Successful Bidder. Approximate amount of yardage annually – 60,000 cubic yards. The Bond shall be in a form acceptable to the School District Solicitor.

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General Conditions (continued)

REQUIRED CONTRACT TERMS

The Successful Bidder agrees as follows:

1. Non-Discrimination. The School District is an equal opportunity employer under applicable law and requires the same of the Successful Bidder. As such, the Successful Bidder, for itself, its officers, agents, and its employees, covenants and agrees that it shall not discriminate against or intimidate any employee or other person on account of age, race, color, sex, sexual orientation, gender, handicap, disability, religious creed, ancestry, national origin, or veteran status. The Successful Bidder acknowledges application of the Pennsylvania Human Relations Act, 43 P.S. §§ 951, et seq., to this Agreement, and that the provisions thereof are made a part of these specifications as if more fully set forth herein.

2. Insurance. The Successful Bidder shall, at its own expense, procure and maintain the types and minimum limits of insurance specified below covering the Successful Bidder and the performance of the Services. The Successful Bidder shall procure all insurance solely from insurers authorized to do business in the Commonwealth of Pennsylvania and which have a A- or higher rating from AMBEST. In no event shall the Successful Bidder commence performing the Services for the School District until the Successful Bidder has delivered to the School District all required Certificates of Insurance described below. The Successful Bidder shall name the School District as an additional insured on each policy and they shall provide the Certificate Insurance evidencing the same. All policies shall waive subrogation. The Successful Bidder shall carry the following types of insurance during the course of this Agreement:

(a) Workers’ Compensation Insurance-

- Bodily Injury by Accident: $500,000 Each Accident - Bodily Injury by Disease: $500,000 Policy Limit; $500,00 Each Employee

(b) General Liability Insurance- limits of $1,000,000 per occurrence, $3,000,000 in the aggregate. The General Liability Policy shall be endorsed with completed and ongoing operations.

(c) Automobile Liability Insurance- limit of $1,000,000 per occurrence.

(d) Umbrella excess liability policy for a minimum of $5,000,000 in effect for the life of the contract.

(e) Professional Liability Insurance- limit of $1,000,000 (if applicable).

(f) Pollution Liability Insurance shall be provided in the amount of $3,000,000 for each pollution incident. Policy is to be on an occurrence basis. Said policy to cover all items included in the scope of work for the proposed contract.

3. Taxes. Successful Bidder understands and acknowledges that the School District is exempt from payment of all state and local sales and use tax. Successful Bidder agrees that it shall utilize a Pennsylvania Exemption Certificate provided by the School District as may be permitted by law to avoid unnecessary payment of any tax by the School District. The School District shall complete or provide copies of Pennsylvania Exemption Certificates for Successful Bidder as reasonably required.

4. Indemnification.

(a) The Successful Bidder shall indemnify, defend, and hold harmless the School District, its officers, employees, agents, and any affiliated third parties, from and against any and all losses and expenses, including, but not limited to, litigation and settlement costs and attorney’s fees and costs, claims, suits, action, damages and liability for or on account of actual or alleged loss of life, bodily injury, personal injury, damage to

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property, or the use of facilities or equipment furnished to or by the Successful Bidder, that arise out of or are related to the negligence, performance or non-performance of the Services by the Successful Bidder or the Successful Bidder’s employees, agents, subcontractors, assignees, independent Successful Bidders, or servants under this Agreement.

(b) If the Successful Bidder receives notice of a legal claim against it in connection with or in any way related to this Agreement, the Successful Bidder shall (1) submit appropriate written notice of such claim to its insurance carrier within the time frame required for submission of claims by its applicable insurance policy and (2) within seven (7) business days of receipt of notice of the claim, give notice of such claim to the School District.

(c) The indemnification clause above shall not reduce or impact the School District, its officers, employees, agents, and affiliated government organizations from utilizing the statutory governmental, official, and other immunity provided pursuant to the Pennsylvania Political Subdivision Tort Claims Immunity Act, at 42 Pa.C.S. §8501 et seq., as amended.

5. Non-Assignment. The Successful Bidder acknowledges that the Services provided under this Agreement constitute personal and/or professional services of the Successful Bidder. The Successful Bidder shall not assign this Agreement, nor delegate the Services provided under this Agreement without the express, prior written consent of the School District, which consent the School District may grant or deny in its sole discretion.

6. Independent Successful Bidder. The School District has engaged the Successful Bidder as an independent Successful Bidder under this Agreement to carry out the Services, and neither the Successful Bidder nor any of the Successful Bidder’s officials, agents, or employees shall in any way or for any purpose whatsoever be deemed an agent or employee of the School District. Neither the Successful Bidder nor any of its officials, agents, or employees constitute employees of the School District, and these identified individuals shall have no right to receive any School District employee benefits, or any other privileges available to School District employees.

7. Right-to-Know Law. The Pennsylvania Right-to-Know Law (the "RTKL"), 65 P.S. §§ 67.101-67.3104, as amended or replaced, applies to this Contract. Unless Successful Bidder provides School District, in writing, with the name and contact information of another person, School District shall notify Successful Bidder using the information provided by Successful Bidder in the contact information provided in this Contract if School District needs Successful Bidder’s assistance in any matter arising out of the RTKL. Successful Bidder shall notify School District in writing of any change in the name or the contact information within a reasonable time prior to the change.

Upon notification to the Successful Bidder that the School District has received a request for records under the RTKL which pertains to the Goods or services contemplated by this Contract, the Successful Bidder shall fully assist the School District in responding to the request. Such assistance shall include, at a minimum, providing the School District, within five (5) business days, access to, and copies of, any document or information arising out of the Contract in the Successful Bidder’s possession that the School District deems a Public Record (“Requested Information”) and providing such other assistance as the School District may request.

If the Successful Bidder fails to provide the Requested Information to the School District within the required time period, the failure shall be considered an event of default, and the Successful Bidder shall pay, indemnify and hold the School District harmless for any damages, penalties, detriment or harm that the School District may incur as a result of the Successful Bidder’s failure, including reasonable attorney’s fees incurred by the School District in the administration of the Right-to-Know Request and any appeal therefrom.

If the Successful Bidder refuses to supply the Requested Information, and the Pennsylvania Office of Open Records or the Pennsylvania Courts determine that a record in the possession of a Successful Bidder is a public record, in addition to the foregoing, liquidated damages of $100 per day will be assessed for each calendar day beyond the date the Successful Bidder was required to provide the record by the Pennsylvania

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Office of Open Records, or, upon appeal, the Pennsylvania Courts. The Successful Bidder’s duties under this section shall survive the termination or satisfaction of this Contract and as long as the Successful Bidder has Requested Information in its possession.

8. Force Majeure. Notwithstanding anything to the contrary contained herein, neither party shall be liable to the other for any delays or failure in performance of obligations hereunder resulting from acts beyond its reasonable control, including, but not limited to, acts of God, acts of war, civil unrest or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, loss of data due to power failures or mechanical difficulties, labor difficulties, pandemic or the effects of a national, state or local emergency as declared by the appropriate elected official(s) of the jurisdiction (each, a “Force Majeure”), Notwithstanding the foregoing, in the event of a Force Majeure, and to the extent permitted, practicable or possible, each party agrees to make a good faith effort to perform its obligations hereunder and/or to negotiate an addendum to this Agreement to reflect an amended Scope of Work and compensation therefore. If either party is unable to perform due to a Force Majeure, neither party is obligated to perform during the period affected by the Force Majeure.

9. The Successful Bidder will be required to secure all necessary permits to comply with local ordinances and requirements, and to pay for all such fees.

10. The Successful Bidder will furnish all necessary containers as specified herein, to keep all buildings and parking lots listed free of Refuse. The Successful Bidder shall clean all refuse spilled on parking lots or driveways during removal from containers and loading onto truck.

11. The Successful Bidder must display the necessary hauling permits as required by both the County of Erie and the City of Erie.

12. The Successful Bidder must furnish all necessary labor and equipment to remove the Refuse. Containers are to be furnished by the Successful Bidder and left at the various buildings as listed for the duration of the contract.

13. If the Successful Bidder finds any material in the containers not belonging to the Erie School District, the Purchasing Department must be notified immediately and a removal cost will be negotiated.

14. All buildings are to be serviced daily or on agreement with the Building Engineers, per the attached schedule.

15. Contract to be in effect for a minimum of sixty (60) months from July 1, 2020 to June 30, 2025.

16. Flat rate charge per month will be drawn on the second Wednesday of each month starting August 2020 and mailed on or before the twentieth (20th) of each month.

LANDFILL

All Refuse removed becomes the property of the Successful Bidder and must be disposed of in an State Certified Landfill in accordance with all applicable land disposal and federal, state and local requirements. The Successful Bidder and any transporter acting on behalf of the Successful Bidder hereby represents and warrants that the landfill facility is properly licensed, permitted and authorized to receive and dispose of the solid waste generated by the District. The Successful Bidder and any designated transporter shall further represent and warrant that it has inquired and been informed that the landfill facilities are capable of receiving the type of waste generated by the District. In the event that the Successful Bidder or any transporter working on behalf of the Successful Bidder receives notice or otherwise becomes aware of any alleged or suspected: (a) violation of any legal requirement of the land facility or its owner and operator; (b) suspension or loss of authority at the facility to receive the waste; or (c) receipt of the facility of any waste that is not capable of disposing under law; or (d) a release at or from the facility into any medium in the environment of any constituent of the waste contained in the facility, then the Successful Bidders and designated transporter shall immediately cease delivery of the District’s solid waste at the landfill facility and

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notify the District of such facts orally and in writing within one working day of such occurrence. Following receipt of such notice, the District may, by written notice to Successful Bidder, demand that the Successful Bidder and designated transporters make arrangements for disposal of the waste at a different facility which meets the requirements set forth herein no later than five days after receipt of such notice. The Successful Bidder shall advise the District in writing of the name and location of the new facility and shall make the representations and warranties set forth herein with respect to the new facility.

RECYCLING

The Successful Bidder is required to be in full compliance with Pennsylvania Act No. 101 of 1998,as amended, and any other statutes, ordinances, regulations and orders of each governing body and local entity having jurisdiction therein over recycling.

All services shall be in such a manner as to be in compliance with all applicable state, county and municipal requirements and regulations. Schedules and frequency of collection is shown on the attached spreadsheet.

Recyclable materials include paper, flattened cardboard, plastic and aluminum, as more fully described below. All recyclable materials will be deposited in one container.

The Container shall supply to the District, at no additional cost, on a quarterly basis, the weight documentation of the recycled materials.

Any questions, please contact Mr. Neal Brokman at (814) 874-6123.

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RECYCLING GUIDELINES

ACCEPTABLE ITEMS:

Paper / Fiber:

Copier / Office Paper Shredded Paper Poster Board Business Cards / Card Stock Green-Bar Paper NCR Paper Coated Paper Paper Trimmings Soft Back Books Magazines Colored Paper Folders Flyers Product Literature Blue Prints Catalogs Telephone Books Window Envelopes News Papers Envelopes Advertisements OCC (Cardboard)

Plastic:

Soft Drink Bottles Milk Jugs Juice Containers Water Bottles Household Product Jugs Metal:

All Aluminum or Tin containers commonly used for beverages and food.

Note: All plastic and metal food containers must be emptied and must be secured in clear plastic bags before placement in Recycling Container.

UNACCEPTABLE ITEMS (CANNOT BE RECYCLED)

Food Wrappers and Bags Carbon Paper Used Paper Plates Paper Towels / Bathroom Waste Tissues Styrofoam Cups Food Boxes Glass material(s)

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SPECIFICATION

Equipment – Truck

Front or rear-end loader vehicle capable of handling four (4) cubic yard to Eight (8) cubic yard containers.

Lifting capacity of 12,000 lbs. To handle eight (8) cubic yard containers.

Trucks must be leak proof to prevent spillage in parking lots.

SPECIAL NOTE TO BIDDERS:

Successful Bidder must have a minimum of two (2) vehicles as specified above to service this contract.

SPECIFICATIONS

Containers

Bidder must be able to furnish forty (40) containers for Refuse and twenty-two (22) containers for recycling (if recycling is accepted) and ranging from Four (4) to eight (8) cubic yard capacity.

Container must be of steel construction and in good condition.

Containers must be low constructed.

Containers must be O.S.H.A. approved.

Literature showing containers and equipment to be used must be attached to bid.

Daily being Monday through Friday.

Approximate cubic yards for 12-month period, July thru June: 60,000.

Schedule subject to change as to the needs of each school or building by authority of the Purchasing Department.

Billing to be adjusted accordingly due to cancellation of service to any of the above sites.

The Erie School District will analyze the contract after year 1 and make any additions/deletions for subsequent years 2 through 5. The cost shall be adjusted accordingly.

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THE SCHOOL DISTRICT CITY OF ERIE, PA

The following is a list of the schools and/or buildings requiring Refuse removed and their locations:

NAME – EAST SIDE

ADDRESS AMOUNT OF PICK UPS CUBIC YDS

FREQUENCY OF PICK UPS 07/01 – 08/14

7 WKS

FREQUENCY OF PICK UPS 08/15 – 06/30

45 WKS

ACADEMY 2825 STATE ST 8 + 8 + 8 M-W-F DAILY

CONNELL 1820 EAST 38TH ST 8 + 8 M-W-F DAILY

CULINARY CENTER 255 EAST 19TH ST 8 + 8 ONCE WKLY M-W-F

DIEHL 2327 FAIRMONT PKWY 8 + 8 M-W-F DAILY

EAST 1001 ATKINS ST 8 + 8 + 8 DAILY DAILY

EDISON 1921 EAST LAKE RD 8 + 8 M-W-F DAILY

JEFFERSON 230 EAST 38TH ST 8 + 8 M-W-F DAILY

LINCOLN 831 EAST 31ST ST 8 M-W-F DAILY

MC KINLEY 2212 EAST AVE 8 + 8 M-W-F DAILY

PFEIFFER-BURLEIGH 235 EAST 11TH ST 8 + 8 M-W-F DAILY

WILSON 718 EAST 28TH ST 8 + 8 M-W -F DAILY

NAME - WEST SIDE

ADM. BLDG. 148 WEST 21ST ST 6 DAILY DAILY

ERIE HIGH 3325 CHERRY ST 8 + 8 + 8 + 8 + 8 + 8

DAILY DAILY

CLEVELAND 1540 WEST 38TH ST 8 + 8 M-W-F DAILY

EMERSON/GRIDLEY 816 PARK AVE NORTH 8 + 6 M-W-F DAILY

HARDING 820 LINCOLN AVE 8 + 8 M-W-F (4) DAILY (8) M & TH

PERRY 955 WEST 29TH ST 6 + 6 M-W-F DAILY

SERVICE CENTER 1157 WEST 16TH ST 8 DAILY DAILY

STRONG VINCENT 1330 WEST 8TH ST 8 + 8 DAILY DAILY

STADIUM 26TH & STATE 8 7-1/8-14 ON CALL

STADIUM 26TH & STATE 8 8-15/12-15 2/WK M & F

STADIUM 26TH & STATE 8 12-16/6-30 LOCATION TO BE

DETERMINED BY SCHOOL

DIST

SCIENCE CENTER 901 WEST 12TH, SUITE 201

4 + 6 ONCE WKLY ONCE WKLY

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THE SCHOOL DISTRICT CITY OF ERIE, PA

The following is a list of the schools and/or buildings requiring Single Stream Recycling items to be removed and their locations (if the alternate bid is accepted):

NAME – EAST SIDE

ADDRESS

AMOUNT OF

PICK UPS CUBIC YDS

FREQUENCY OF PICK UPS 07/01 – 08/14

7 WKS

FREQUENCY OF PICK UPS 08/15 – 06/30

45 WKS

ACADEMY 2825 STATE ST 4 E.O.W. WEEKLY (TH)

CONNELL 1820 EAST 38TH ST 6 E.O.W. WEEKLY (T)

DIEHL 2327 FAIRMONT PKWY 6 E.O.W. WEEKLY (M)

EAST 1001 ATKINS ST 6 WEEKLY 2X/WK (M/TH)

EDISON 1921 EAST LAKE RD 6 E.O.W. WEEKLY (TH)

FAMILY CENTER 913 PAYNE AVENUE 6 E.O.W. E.O.W. (M)

JEFFERSON 230 EAST 38TH ST 8 E.O.W. WEEKLY (M)

LINCOLN 831 EAST 31ST ST 6 E.O.W. WEEKLY (T)

MC KINLEY 2212 EAST AVE 6 E.O.W. WEEKLY (W)

PFEIFFER-BURLEIGH 235 EAST 11TH ST 6 E.O.W. WEEKLY (T)

WILSON 718 EAST 28TH ST 6 E.O.W. WEEKLY (T)

NAME - WEST SIDE

ADM. BLDG. 148 WEST 21ST ST 6 E.O.W. E.O.W. (T)

CENTRAL 3325 CHERRY ST 6 M-W-F M-W-F

CLEVELAND 1541 WEST 38TH ST 6 E.O.W. WEEKLY (F)

EMERSON/GRIDLEY 816 PARK AVE NORTH 6 E.O.W. WEEKLY (M)

HARDING 820 LINCOLN AVE 6 WEEKLY (M) 2X/WK (M-TH)

PERRY 955 WEST 29TH ST 6 WEEKLY (F) 2X/WK (M-F)

SERVICE CENTER 1157 WEST 16TH ST 6 E.O.W. E.O.W. (M)

STRONG VINCENT 1330 WEST 8TH ST 6 WEEKLY (M) 2X/WK (M-F)

SCIENCE CENTER 901 WEST 12TH ST., SUITE 201

6 E.O.W. E.O.W.

Daily being Monday through Friday.

Schedule subject to change as to the needs of each school or building by authority of the Purchasing Department.

Billing to be adjusted accordingly due to cancellation of service to any of the above sites.

The Erie School District will analyze the contract after year 1 and make any additions/deletions for subsequent years 2 through 5. The cost shall be adjusted accordingly.

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NAME OF VENDOR

ADDRESS CONTACT PERSON TELEPHONE NUMBER First, the undersigned have carefully examined the Bid for Waste Removal and Recycling Services throughout Erie City School District Buildings in accordance with the specifications of the bid documents, submit this proposal and agrees to furnish and perform the Waste Removal and Recycling Services throughout Erie City School District Buildings specified and services for the School District of the City of Erie for the amounts indicated on page 1 of the Bid documents. Second, the undersigned agrees to enter into a written contract to furnish such materials and services as required in the proposal specifications. Third, the following quotation prices are listed as firm for a period of sixty (60) days after the due date of this request for bid. NOTE: The School District of the City of Erie will not be liable and will not pay for any costs not included and detailed in the Bid. Signature Date Title or Office

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INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this RFP. According to the Pennsylvania Antibid-Rigging Act. 73 P.S. 1611 et seq. governmental agencies may require Non-Collusion Affidavits to be submitted together with bids or RFP’s.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the Vendor who makes the final decision on prices and amounts quoted in the RFP.

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

4. In case of a RFP submitted by a joint venture, each party to the venture must be identified in the RFP/Bid documents, and an affidavit must be submitted separately on behalf of each party.

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

6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the RFP.

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NON-COLLUSION AFFIDAVIT

BID ON Waste Removal and Recycling Services State of County of I state that I am of (Title) (Name of Vendor) and that I am authorized to make this affidavit on behalf of my company, and its owners, directors, and officers, I am the person responsible in my company for the price(s) and the amount of this Request for Proposal (RFP). I state that: (1) The price(s) and amount of this RFP have been arrived at independently and without

consultation, communication, or agreement with any other Vendor. (2) Neither the price(s) nor the amount of this RFP, and neither the approximate price(s) nor

the approximate amount of this RFP, have been disclosed to any other Vendor, and they will not be disclosed before the RFP submission to The School District of the City of Erie.

(3) No attempt has been made or will be made to induce any Vendor or person to refrain from submitting an RFP to The School District of the City of Erie, or to submit an RFP higher than this RFP, or to submit any intentionally high or noncompetitive RFP or other form of complementary RFP.

(4) The RFP of my company is made in good faith and not pursuant to any agreement or discussion with or inducement from, any Vendor or person to submit a complementary or other noncompetitive RFP.

(5) , its affiliates, subsidiaries, officers, directors and employees (Name of my Company) are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to submitting an RFP to any public entity, except as follows:

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I state that understand and acknowledges that the above (Name of my Company) representations are material and important, and will be relied on by The School District of the City of Erie when recommending for award the agreement for which this RFP is submitted, I understand and my company understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the School District of the City of Erie of the true facts relating to the submission of RFP’s for this agreement. Signature of Authorized Person (Print Name of Authorized Person and Company Position) Sworn to and subscribed before Me this day of , 20 (Notary Public) (My Commission Expires)