1-Bid Packet - P2025-10 Liquid Chlorine.pdf

PROPOSAL

FOR

FURNISHING & DELIVERING

LIQUID CHLORINE IN ONE-TON CYLINDERS

TO THE

DELAWARE COUNTY REGIONAL WATER

QUALITY CONTROL AUTHORITY (DELCORA)

CHESTER, PENNSYLVANIA

CONTRACT #P2025-10

BIDDING DOCUMENTS & CONTRACT FORMS

TABLE OF CONTENTS

DELAWARE COUNTY REGIONAL

WATER QUALITY CONTROL AUTHORITY

CHESTER, PENNSYLVANIA

Title Page Number

INVITATION TO BID Section I-1 INSTRUCTIONS TO BIDDERS Section II-1-7 BID FORM Section III-1-4 BID BOND Section IV-1-2 AGREEMENT OF SURETY Section V-1 RESERVED Section VI-1 AGREEMENT Section VII-1-3 PERFORMANCE BOND Section VIII-1-2 PAYMENT BOND Section IX-1-3 CERTIFICATE OF INSURANCE Section X-1-2 GENERAL CONDITIONS Section XI-1-26 TECHNICAL SPECIFICATIONS Section XII-1-2 EXPERIENCE, EQUIPMENT & FINANCIAL STATEMENT Section XIII -1-6

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SECTION I

INVITATION TO BID

Separate sealed Bids for CONTRACT #P2025-10, LIQUID CHLORINE IN ONE TON CYLINDERS, will be received by the Delaware County Regional Water Quality Control Authority (DELCORA), Robert J. Willert, 10:00 AM local time on December 9, 2025, at which time all bids will be publicly opened and read aloud at 100 E. 5th Street, Chester, PA 19013. All bids shall be submitted and updated online via the PennBid™ Program. All bidding documents and solicitation details are available at no cost at PennBid™ - www.PennBid.net.

A mandatory Pre-Bid Meeting will be held on Friday, November 21, 2025, at 10:00 A.M. at the DELCORA Western Regional Treatment Plant, Maintenance and Stores Conference Room, 3201 West Front Street, Chester, PA 19013. All questions concerning Contract P2025-10 shall be directed to Pamela Caulk, Procurement Coordinator, in writing no less than ten (10) days before the Bid opening date.

All Bids must be accompanied by a bid bond or certified check for the amount of 10% of the total bid proposal. Each bid shall be submitted in accordance with the Bidding Documents, in particular, the Instructions to Bidders.

ALL BIDDERS SHOULD BE AWARE THAT ALL OF THE TERMS AND CONDITIONS SET OUT

IN THE BIDDING DOCUMENTS MUST BE STRICTLY ADHERED TO AND ARE NOT SUBJECT

TO NEGOTIATION AFTER THE BID IS AWARDED. ALL QUESTIONS CONCERNING

COMPLIANCE WITH THE TERMS AND CONDITIONS MUST BE RAISED PRIOR TO

SUBMISSION OF THE BID AND SUBMISSION OF THE BID SHALL CONSTITUTE THE

BIDDER’S EXPRESS AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS SET

OUT IN THE BIDDING DOCUMENTS. ALL BIDS, EXPERIENCE STATEMENTS, BONDS, AND

INSURANCE CERTIFICATES MUST BE EXECUTED ON THE FORMS PROVIDED IN THE

BIDDING DOCUMENTS.

DELCORA reserves the right to reject any and all Bids, in whole or in part, for any cause whatsoever; to eliminate any item or items from the Contract; to waive any informality, omission, error, mistake, defect, or irregularity in the Bids; and exercise its judgment as to the comparative merit of the products and services offered. All Bids shall remain open for up to sixty (60) days after the day of the Bid opening to permit DELCORA to review the bids and investigate the qualifications of bidders prior to awarding the Contract. Award of the Contract, if awarded, will be to the lowest responsible and responsive bidder. DELCORA does not discriminate on the basis of race, color, religion, sex, or national origin.

Robert J. Willert Executive Director, DELCORA http://www.pennbid.net/

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SECTION II

INSTRUCTIONS TO BIDDERS

A. EFFECT OF PROPOSAL:

Each Bid shall constitute an offer by the Bidder to do or perform all services and to furnish or supply the items specified in the proposal under the terms of the Contract Documents. The Delaware County Regional Water Quality Control Authority (“AUTHORITY”) invites proposals as set out herein. All Bids shall remain open for sixty (60) days after the day of the Bid opening, but the AUTHORITY may, in its sole discretion, release a Bid and return the Bid Security prior to the end of the sixty (60) day period.

B. DEFINED TERMS:

The term "Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder to whom the AUTHORITY (on the basis of the AUTHORITY'S evaluation as hereinafter provided) makes an award. The term "Bidding Documents" means and includes the Invitation to Bid; Instructions to Bidders; Addenda; Bid Form; Bid Bond; Agreement of Surety; the Experience, Equipment and Financial Statement; and the proposed Contract Documents.

The term "Contract Documents" means and includes the Bidding Documents, Agreement, Performance Bond, Payment Bond, Certificate of Insurance, General Conditions, Supplementary Conditions, and Specifications and Drawings.

C. QUALIFICATION OF BIDDERS:

1. In order to be accepted as a responsible Bidder, a Bidder must be able to demonstrate to the AUTHORITY that it has the necessary experience and ability to provide the goods and/or services comparable to that required by the Specifications and has in the past been able to provide such goods or services in accordance with industry-wide standards established for the provision of such goods and services.

2. In order to comply with this requirement, each Bidder must complete and submit with its

Bid, the Experience, Equipment and Financial Statement form supplied in the Bidding Documents. Where the winning bidder is a foreign corporation, such winning bidder must provide a copy of its Certificate of Authority to Do Business in Pennsylvania or Covenant to Become Qualified prior to the award of the Contract. Where the winning bidder is a foreign limited partnership, such winning bidder must provide the location of its registered office in Pennsylvania or covenant to establish and identify a registered office in Pennsylvania prior to the award of the Contract.

3. The AUTHORITY reserves the right to reject the bid of any Bidder which fails to produce satisfactory evidence that it can furnish prompt, ordinary delivery of the goods and/or services as herein specified.

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4. Discrepancies between words and figures will be resolved in favor of words.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

D. PREPARATION OF BIDS:

1. Proposals for the furnishing and delivering LIQUID CHLORINE IN ONE-TON CYLINDERS to the AUTHORITY’s various locations shall be submitted via online via the PennBid ™ Program at www.PennBid.net.

2. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the date and time set out for the opening of Bids.

3. Bids by corporations must be executed in the corporate name by the president or vice president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary or an assistant secretary.

The corporate address and state of incorporation shall be shown below the signature.

4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature. The official address of the partnership must be shown below the signature.

5. Prices will be considered as net if no cash discount is shown.

6. Time of delivery, which shall be calculated as the number of calendar days which will elapse between the order date indicated on the Notice to Proceed and the date of the receipt of the goods or services by the AUTHORITY, may be a consideration in making the award.

E. ACCEPTANCE OF TERMS & CONDITIONS:

1. Submission of a Bid shall constitute the express acceptance by a Bidder of all of the terms and conditions contained in the Contract Documents.

2. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS WHICH MAY APPEAR

IN ANY COMMUNICATION FROM ANY BIDDER ARE HEREBY EXPRESSLY

REJECTED.

3. Any objection by any Bidder to the terms and conditions thereof must be made in writing and received by the AUTHORITY at least five (5) business days prior to the date set for the opening of the Bids. Should the Bidder fail to make such a written objection within the time period allowed, it is deemed to have accepted, without reservation, all of the terms and conditions contained in these Bidding Documents.

F. SUBSTITUTE MATERIAL & EQUIPMENT:

1. The goods or services furnished shall meet all the applicable requirements of the Bidding Documents. The Specifications may require that certain materials and styles be provided.

In the event of an offering of goods or services other than specifically mentioned herein, the Bidder must submit with its Bid all brochures, drawings, and technical information http://www.pennbid.net/

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required for a complete evaluation of the alternate material, style, or services offered. In addition, any such material, style, or services offered as a part of this Bid shall be made available for inspection by the AUTHORITY in completed-as-offered form within ten (10) days after the Bid opening, at the office of the AUTHORITY, located at 100 East Fifth Street, Chester, Pennsylvania.

2. Minor deviations from the provisions of the Contract Documents will be considered to permit Bidders to follow standard industry methods. Such minor deviations will be approved, however, only if, in the sole discretion and opinion of the AUTHORITY, such deviations do not adversely affect the operation, maintenance, strength, efficiency, effectiveness, or life of the goods or services thereto. All proposed minor deviations with full details must be listed on an attached sheet by the Bidder and will be considered as part of the Bid, unless otherwise noted by the Bidder on said sheet. The listing of minor deviations will indicate that the Bid will be accepted only with such deviation.

3. There will be no deviations from the Contract Documents, except those which are listed as deviations on said Bidder's attached listing and which are expressly approved as part of the AUTHORITY's acceptance of the Bid.

G. BRAND NAMES:

1. Brand names and numbers, when used, are for reference to indicate the character or quality desired.

2. Equal items will be considered, provided the offer clearly describes the article. Offers for equal items must state the brand and number or level of quality. The determination of the AUTHORITY as to what items are equal will be final and conclusive.

3. When a brand, number, or level of quality is not stated by the Bidder, it is understood the offer is exactly as specified.

H. SAMPLES:

1. Samples of articles, when required, must be furnished free of cost, of any sort, to the

AUTHORITY.

2. Samples of articles selected may be retained by the AUTHORITY for future comparison.

3. Samples which are not consumed through testing procedures, or which are not retained by the AUTHORITY for future comparison, will be returned upon request of the Bidder at the Bidder’s expense.

I. TAXES:

The AUTHORITY, which was created pursuant to the provisions of the Pennsylvania Municipal Authorities Act of 1945, is an instrumentality of the Commonwealth of Pennsylvania and is exempt from Pennsylvania Sales and Use Taxes and Federal Excise Taxes.

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J. CASH DISCOUNTS:

Any cash discount specified in the Bid shall be calculated either from the date of delivery of the goods or services or from the date correct invoices are received by the AUTHORITY’s Accounts Payable Department, whichever is later. For the purpose of earning the discount, payment is deemed to be made on the date the AUTHORITY mails the check.

K. BID SECURITY:

1. Bid Security must be made payable to the AUTHORITY in the amount required in the Invitation to Bid and in the form of a certified check or a Bid Bond issued by a Surety meeting the requirements of Paragraph C. of the General Conditions (Section XI). The Bid Bond must be executed on the form provided in the Bidding Documents.

2. Bidders can either submit a hard copy of the bid bond directly to the AUTHORITY or attach an electronic copy with their bid by clicking on “Bid” then “Attach file”. If an electronic copy is provided, the winning bidder(s) will have 48 hours to produce the original bid bond for the agency.

3. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security and the Insurance Certificate all of which must be executed on the forms provided by the AUTHORITY as part of these Bidding Documents, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish all of the documents listed above within fifteen (15) days of the Notice of Award, the AUTHORITY may annul the Notice of Award, and the Bid Security of the Successful Bidder will be forfeited at that time. The Bid Security of any Bidder whom the AUTHORITY believes to have a reasonable chance of receiving the award may be retained by the AUTHORITY until the earlier of the sixty-first day after the Bid opening or the seventh day after the "effective date of the Agreement" (which date is set out in the Notice to Proceed), and all of the documents listed above are furnished. The Bid Security of all other Bidders will be returned within seven (7) days of the Bid opening.

4. Attorneys-In-Fact who sign Bid Bonds must file with each bond a certified copy of their

"Power of Attorney" to sign said bonds signed by an officer of the Surety.

5. An Agreement of Surety to provide the necessary Contract Security (performance, payment, and/or maintenance bonds) must accompany each Bid and be executed on the form(s) provided by the AUTHORITY as part of the Bidding Documents.

6. A Bidder’s surety must be able to legally conduct business in Pennsylvania; be financially stable; and have the resources to properly provide the required Bid and Contract Security.

L. OPENING OF BIDS:

Bids will be opened publicly and will be read aloud. An abstract of the amounts of the base Bids and major alternates, if any, will be made available after the opening of Bids.

M. AWARD:

1. The award will normally be made to the Bidder with the lowest, most responsive, responsible "Total Bid", as described in Part 3.2 of the Technical Specifications. Where a

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different method is used to determine the Successful Bidder, the formula for such an award will be shown on the Bid Form.

2. The AUTHORITY reserves the right: (a) to award the Bid received on the basis of individual items or groups of items, or on the entire list of items: (b) to reject any or all Bids or any part thereof; (c) to waive any informality in the Bids; and (d) to accept the Bid that is in the best interest of the AUTHORITY. The decision by the AUTHORITY will be final.

N. INVOICES:

Invoices received by the last working day of the month for goods and/or services received during the same month will be paid on or before the last day of the following month. Invoices will be paid for the net amount due, exclusive of any taxes which might be erroneously included in the invoice total. Invoices and inquiries concerning invoices shall be addressed to DELCORA, Accounts Payable, Post Office Box 999, Chester, Pennsylvania 19016-0999.

Questions concerning invoices may also be answered by telephone by calling (610) 876-5523, Ext. 121.

O. BONDS:

The Successful Bidder must supply a Performance Bond and any other bonds in compliance with the requirements set out in the General Conditions. All bonds must be executed on the forms provided by the AUTHORITY as a part of these Bidding Documents.

P. PRICES:

All goods or services must be rendered at the prices bid for the duration of the Contract, at the place or places set forth in the Contract Documents.

Q. DELIVERIES & QUANTITIES:

1. Deliveries to the Authority’s Western Regional Treatment Plant are accepted at any time 24 hours/7 days per week (including holidays). Upon arrival, please call the on-call foreman at 610-636-4398 and the Operator at Large will be dispatched to release the security gate.

2. Exact quantities required will be specified when known. When exact quantities cannot be determined, estimates will be used for the purpose of determining the total Bid price. The actual quantities required during the duration of the Contract may be greater or less than estimated. Neither a minimum nor a maximum is guaranteed. The AUTHORITY will only pay for the goods or services actually received at the unit prices stated on the Bid Form.

R. SUBMITTING ELECTRONIC BIDS FOR THIS SOLICITATION:

All Bidders shall use the PennBid™ electronic bid management system to respond to this Request for Proposals in accordance with the following put forth by PennBid™.

Many PA municipalities, authorities, and private firms are utilizing the PennBid™ electronic procurement Program for their solicitations, RFPs, and RFQs. Using PennBid is beneficial to both the agencies as well as the bidders. Costs and bidding effort is greatly reduced as bid documents are available online, all Q&As are via email, and sealed bids can be submitted and

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updated online. Interested bidders need to register only once, a free process that takes only a few minutes. Once registered, bidders have access to publicly available bids and solicitations from every Agency within PennBid, plus are available for By-Invitation-Only RFPs and RFQs. Bidders can obtain all project documents and submit and update their confidential bids online.

1. Sealed Bid Confidentiality – The confidentiality of the sealed bid system is a cornerstone of the PennBid Program. At no time before Bid Opening can anyone see your electronic bid.

2. Confidentiality of Identity – When questions are asked and answered, bidder identity is not disclosed to other bidders.

3. Documents – All documents may be downloaded directly to your computer. Documents can be electronically sent to your suppliers and subcontractors.

4. Being added to the “Bidders List” – By downloading any document, you are automatically added to the list of bidders for this solicitation.

5. Questions – By clicking on the “Questions” tab, you can see all questions that have been asked and answered related to this solicitation. You can also ask questions directly through this tab. When the agency answers the question, both the question and answer is emailed directly to all bidders.

6. Submitting and Updating Bids – You may submit and update your bid anytime up to the bid due date and time by clicking on the “Bid” tab. You need only to provide the per unit price. The PennBid Program will automatically calculate the extended price (no more math errors). You can update any line item without affecting the rest of your quote.

7. What to submit with this bid - Click on the “Bid” tab and

Enter financial bid Answer questions Attach a single electronic file or zipped folder containing the documents listed below o Bid Bond o Experience, Equipment & Financial Statement.

o Agreement of Surety o Certificate of Authority to do Business in Pennsylvania o Bid Form and Non-Collusion Affidavit

Important Note 1 - The three apparent low bidders shall submit the above documents in original form and signatures to the agency receiving the bids within three (3) business days following bid opening.

Important Note 2 - If the PennBid Program is idle for 50 minutes, a logout warning will appear. Bidders must acknowledge. If bidder does not acknowledge that they want to continue working, they will be logged out and bidder’s data will not be saved or submitted.

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8. How to submit your bid - The Bid tab contains the electronic bid form. All Per Unit Price fields must be filled out. To no-bid a line item, insert a zero (0). PennBid will automatically complete the line extensions and bid totals. At the bottom of the page, check the Verification Statement and click Submit Bid. Completed bid form can be printed or saved to Excel by clicking the icons in the middle of the bid form page.

9. Submitting documents with electronic bid - An electronic copy of the documents listed above is to be submitted with the electronic bid. To attach theses documents:

a. Fill out required documents and scan to create a single electronic file or saved as a single zipped folder containing all documents.

b. From the Bid tab, click on “browse” (middle of the page), then click on the file or zipped folder name. The file will be attached to your bid submission when the Submit Bid button is clicked.

Important Note 3 – when uploading a proposal or other document, the maximum individual file or folder size is 20Mb.

10. Verifying that your bid was submitted - If submitted properly, you will receive an acknowledgement appearing in the middle of your screen saying “Your bid has been submitted”.

11. Withdrawing Your Bid - 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. However, bids may not be withdrawn following the bid due date and time as stated in these Instructions to Bidders.

12. Help Guides - There are several Help Guides available from the PennBid™ Home Page.

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SECTION III

BID FORM AND NON-COLLUSION AFFIDAVIT

TO: THE DELAWARE COUNTY REGIONAL WATER QUALITY CONTROL AUTHORITY

100 EAST FIFTH STREET, P.O. BOX 999, CHESTER, PA 19016-0999

This Bid Form is provided for convenience.

All Bidders shall submit bids electronically via PennBid (www.PennBid.net)

IN RESPONSE TO THE REQUEST FOR BIDS FOR THE SERVICES AND/OR GOODS LISTED

BELOW, THE UNDERSIGNED HEREWITH OFFERS TO FURNISH AND DELIVER THESE

SERVICES AND/OR GOODS, AS SPECIFIED, FOR THE PERIOD BEGINNING ON JANUARY

1, 2026 and ending on DECEMBER 31, 2026; IN STRICT ACCORDANCE WITH THE

CONTRACT DOCUMENTS; F.O.B. THE DELCORA WESTERN REGIONAL TREATMENT

PLANT, 3201 WEST FRONT STREET, CHESTER, PA 19013, FREIGHT ALLOWED; AND AT

THE TOTAL BID PRICE(S) AS PROPOSED HEREIN:

QUANTITY ITEM DESCRIPTION UNIT PRICE TOTAL BID PRICE

300 ONE-TON CYLINDERS $ /TON $________________

TOTAL BID PRICE (IN WORDS):

Quantities indicated on the Bidding Documents are estimated based upon the best available information. The AUTHORITY reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price.

The Bidder is advised that in addition to consideration of the per unit price, the selection of the Successful Bidder will also be based on compliance with the bidding requirements. The AUTHORITY reserves the right to award the Contract as it may determine to be in its own best interest.

Additional and extra work, if any, performed in accordance with and shall be paid for as provided in these Contract Documents.

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The Bidder shall submit with its Bid Form the following:

A. Bid Security (bid bond)

B. Agreement of Surety

C. Experience, Equipment, and Financial Statement

D. Certificate of Authority to do Business in Pennsylvania or covenant to obtain such certificate prior to award of the Contract (applies only to foreign corporations and limited liability companies) OR statement identifying registered office in Pennsylvania or covenant to establish registered office in Pennsylvania prior to award of the contract (applies only to foreign limited partnerships).

The Bidding Documents and all papers required by them and submitted herewith, as well as the Agreement and all papers made part thereof by its terms, are hereby made part of this Bid.

The Bidder acknowledges receipt of the following addenda to the Bidding Documents (see Instructions to Bidders – Section II regarding addenda acknowledgment):

ADDENDUM_________________ DATED__________________

ADDENDUM_________________ DATED__________________

ADDENDUM_________________ DATED__________________

The undersigned Bidder hereby represents and warrants as follows:

(a) That it has examined the site and locality where the work is to be performed and made such tests and examinations as it believes necessary to submit a Bid based upon information secured by it independently, and not solely based on information coming from the AUTHORITY and has carefully examined the Bidding Documents;

(b) That no officer, agent, or employee of the AUTHORITY has any direct or indirect interest, in the Bidding Documents and the accompanying Contract or the compensation to be paid hereunder;

(c) That it has not conspired to make this bid with any person, firm, or corporation making a bid for the same work, and that this Bid is in all respects free from collusion or fraud;

(d) That should the AUTHORITY notify the undersigned of its intention to award a Contract to the undersigned based on this Bid or any combination of alternates, additions deductions, or omissions indicated or authorized herein, the undersigned will furnish a properly executed certificate of insurance, performance bond, and other bonds and will execute the Contract within the time and in the forms and amounts required by the Bidding Documents, and that upon failure, neglect or refusal to do so, the Bidder shall forfeit to the AUTHORITY the Bid Security accompanying this Bid, not as a penalty but as liquidated damages;

(e) That the goods and/or services provided under this Contract will comply with the detailed

Specifications which are part of the Contract Documents;

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(f) That it will complete the work which shall include the provision of supervision, labor, material, tools and equipment, the payment of disposal costs and shipping charges, and the purchase of the necessary bonds and insurance for sewer maintenance and other construction-related projects and/or paving restoration; and

(g) That it intends to be legally bound by the terms of the Contract Documents.

DATED _____________, 20_____

ATTEST:

NAME OF CORPORATION-BIDDER

SECRETARY/ASSISTANT SECRETARY ____________________________

TITLE

[AFFIX

CORPORATE

SEAL]

WITNESS

(SIGNATURE OF INDIVIDUAL BIDDER)

TRADING AND DOING BUSINESS AS:

WITNESS

NAME OF PARTNERSHIP-BIDDER

*BY

PARTNER

*BY

PARTNER

*BY

PARTNER

*ATTACH AN APPROPRIATE AUTHORIZATION EVIDENCING THE AUTHORITY OF ONE

GENERAL PARTNER TO ACT ON BEHALF OF THE PARTNERSHIP.

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BUSINESS ADDRESS

OF BIDDER:

TELEPHONE NUMBER: ( )

NAME OF CONTACT PERSON:

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SECTION IV

BID BOND

KNOW ALL MEN BY THESE PRESENTS, __________________________________,

hereinafter called the Principal, and ________________________________________, hereinafter called the Surety, are hereby held and firmly bound unto DELAWARE

COUNTY REGIONAL WATER QUALITY CONTROL AUTHORITY (DELCORA),

hereinafter called the Owner, the penal sum of

_________________________________________ Dollars ($____________________) for the payment of which sum, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

The condition of the above obligation is such that, whereas, the Principal has submitted to the Owner a certain Bid attached hereto and hereby made a part hereof, to enter into an Agreement in writing, for:

NOW, THEREFORE,

a. If said Bid shall be rejected by the Owner, or in the alternative,

b. If within fifteen (15) days of Notice of Award from the Owner or the Owner's Agent to the Principal, the Principal shall enter into a written agreement with the Owner in accordance with the Bid as accepted, duly execute and deliver a Performance Bond issued by a Surety or Sureties, in the amount required and in the form set forth in the Bidding Documents; submit all other Bonds, Certificates and Agreements as required by the Bidding Documents; and furnish evidence of the effectiveness of insurance coverage within the time, in the forms and in the amounts, as appropriate, required by the Bidding Documents.

Then this obligation shall be void; otherwise the same shall remain in full force and effect, and the Principal and the Surety will pay to the Owner the full amount of this Bond as liquidated damages.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time

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within which the Owner may accept such Bid and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, intending to be legally bound, the Principal and the Surety have executed this instrument under their several seals this ____________ day of ______________________, ________, the name and corporate seal of each corporate party hereby being affixed and these presents duly signed by its proper officers, pursuant to authority of its governing body.

IN PRESENCE OF:

PRINCIPAL (INDIVIDUAL/CORPORATE/PARTNERSHIP)

PRINCIPAL NAME

By _______________________________________ [AFFIX

NAME: _________________________________ CORPORATE

TITLE: _________________________________ SEAL]

BUSINESS ADDRESS:

WITNESS/ATTEST

SURETY

SURETY NAME

ATTEST

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SECTION V

AGREEMENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that we ___________________________________, as Surety, a corporation existing under the laws of the State of _______________________, and authorized to transact business in the Commonwealth of Pennsylvania, hereby agrees to execute, within the time limit specified in the Contract Documents, all the required bonds in the forms included in the Contract Documents or an equivalent acceptable to the AUTHORITY, each in the amounts required by the Contract Documents, in favor of the AUTHORITY, as required for the faithful performance and proper fulfillment of Contract #__________________ ____________________________________________________________ on behalf of ___________________________________________________, hereinafter called the Bidder, provided that the above Contract be awarded to the Bidder within SIXTY (60) days after the date of opening of the Bids or otherwise as set forth in the Instructions to Bidders.

The Surety further agrees that should the Surety, after notification of such award, omit or refuse to execute the required bonds, then the Surety shall pay to the AUTHORITY any difference between the total amount specified in said Bidder's Bid and the amount for which the AUTHORITY may procure the same work, if the latter amount be in excess of the former, and after deduction therefrom of payment made by reason of the forfeiture of the proposed security.

DATE CORPORATE SURETY

NOTE: This Agreement of Surety must be properly executed and must accompany the certified check or Bid Bond, whichever is furnished, as proper Bid Security

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SECTION VI

RESERVED

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SECTION VII

CONTRACT

THIS CONTRACT, entered into this _____ day of _______________________, _______, by the DELAWARE COUNTY REGIONAL WATER QUALITY CONTROL AUTHORITY, CHESTER, PENNSYLVANIA (hereinafter called the AUTHORITY), Party of the First Part, and (hereinafter called the SUPPLIER), Party of the Second Part.

WITNESSETH that the Parties hereto do mutually agree as follows:

ARTICLE 1: The SUPPLIER agrees to provide LIQUID CHLORINE IN ONE-TON CYLINDERS (as specified) to the AUTHORITY, during the time period beginning JANUARY 1, 2026, and ending on DECEMBER 31, 2026. The Contract Documents, which comprise the entire Contract between the AUTHORITY and SUPPLIER, are attached to or accompany the Contract, made a part hereof and consist of the following:

I - Invitation to Bid VII - Contract II - Instructions to Bidders VIII - Performance Bond III - Bid Form IX - Payment Bond IV - Bid Bond X - Certificate of Insurance V - Agreement of Surety XI - General Conditions VI - Reserved XII - Specifications

XIII - Experience, Equipment & Financial Statement

ARTICLE 2: Goods or services provided under this Contract must be provided as specified or indicated in the Contract Documents.

ARTICLE 3: The goods and/or services will be delivered/provided within the time specified in the Contract Documents.

ARTICLE 4: The AUTHORITY and the SUPPLIER recognize that time is of the essence of this Agreement and that the AUTHORITY will suffer financial loss if the goods are not delivered or the services are not provided within the time specified in ARTICLE 3 of this Agreement. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the AUTHORITY if the goods are not delivered or the services are not provided on time. Accordingly, instead of requiring any such proof the AUTHORITY and the SUPPLIER agree that as liquidated damages for delay (but not as a penalty) the SUPPLIER shall pay the AUTHORITY Two Hundred Dollars ($200.00) for each day that expires after the time specified in ARTICLE 3 above for the delivery of the goods or provision of the services until such time as the delivery of the goods or provision of the services is complete.

ARTICLE 5: The SUPPLIER shall receive and accept compensation for supplying goods or services under this Contract (subject to additions or deductions noted therein) in accordance with the SUPPLIER'S Bid, the Bid Form – Section III of which is attached hereto made a part hereof and identified as Exhibit "A".

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ARTICLE 6: Payments to the SUPPLIER for goods received or services rendered shall be made on a monthly basis after receipt of a valid invoice and proper authorization for payment.

ARTICLE 7: No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

ARTICLE 8: The SUPPLIER warrants the AUTHORITY's purchase, installation, and/or use of the goods covered hereby will not result in any claim or infringement, or actual infringement of any patent, trademark, copyright, franchise, or other intellectual property rights. The SUPPLIER shall indemnify and hold the AUTHORITY harmless from and against all claims, losses, expenses, damages, causes of action, and liabilities of every kind and nature including, without limitation, reasonable attorney's fees (without waiver of the SUPPLIER’s obligation to indemnify the AUTHORITY hereunder), arising from or out of any breach of the warranty as specified in Section XI, General Conditions.

ARTICLE 9: The SUPPLIER represents and warrants to the AUTHORITY that:

(a) The SUPPLIER is solvent financially, is experienced in and is competent to supply/provide the goods or services as specified herein; and

(b) The SUPPLIER has carefully examined the Contract Documents and has become familiar, by its own investigation, with the various conditions which may affect the supply/provision of such goods or services.

ARTICLE 10: No advertising or publicity matter having or containing any reference to the

AUTHORITY or any of its staff members shall be made by the SUPPLIER or anyone on the SUPPLIER’s behalf unless the SUPPLIER has the prior written consent of the AUTHORITY to do so.

ARTICLE 11: All data and information not already in the public domain, developed or disclosed during the life of this Contract, will be the property of the AUTHORITY and will be classified in secrecy and confidence by the SUPPLIER. The SUPPLIER will keep confidential all such data and information until it comes into the public domain or until the AUTHORITY consents in writing to its disclosure. The SUPPLIER shall fully comply with the Pennsylvania Right-to-Know Law (Act 3 of 2008, as amended).

ARTICLE 12: The laws of the Commonwealth of Pennsylvania without regard to its principles of conflicts of laws govern this Agreement and any legal action hereunder shall be brought in the Court of Common Pleas of Delaware County. The law of the Commonwealth of Pennsylvania shall also apply to any statute of limitations applicable to this Contract.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

[Signatures to follow]

VII-3

LIQUID CHLORINE IN ONE TON CYLINDER

IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto have signed this Agreement in duplicate. One (1) counterpart each has been delivered to the AUTHORITY and the SUPPLIER. All portions of the Contract Documents have been signed or identified by the AUTHORITY and the SUPPLIER.

This Contract will be effective on ______________________, ________

AUTHORITY SUPPLIER

By: _______________________________ By: _______________________________

PAMELA CAULK, SR. EXECUTIVE

ADMINISTRATIVE ASSISTANT/

PROCUREMENT COORDINATOR

[Corporate Seal] [Corporate Seal]

Attest: ___________________________ Attest: _____________________________

ROBERT J. WILLERT

EXECUTIVE DIRECTOR

Address for giving notices: Address for giving notices:

100 East 5th Street ___________________________________ P.O. Box 999 Chester, PA 19016-0999 ___________________________________

Trade License No: ____________________

Agent for service of process:

VIII-1

SECTION VIII

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS,

That we, the undersigned, (Insert here the name of legal title of PRINCIPAL) as PRINCIPAL, and

(Insert here the legal title of SURETY) a corporation organized and existing under the laws of the State of _______________________ as SURETY are held and firmly bound unto DELAWARE COUNTY REGIONAL WATER QUALITY CONTROL AUTHORITY (DELCORA) as OBLIGEE in full and just several sums of

_____________________________________________ DOLLARS ($____________________)

lawful money of the United States of America, to be paid to the said OBLIGEE, or its attorney, successors, or assigns, to the payment of which sums well and truly to be made, the said PRINCIPAL and SURETY bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents:

WHEREAS, said PRINCIPAL is about to enter into a certain CONTRACT with said OBLIGEE, dated , _______ (hereinafter called the CONTRACT) for which CONTRACT and the CONTRACT DOCUMENTS for said WORK shall be deemed a part thereof as fully as if set forth herein.

NOW, THEREFORE, the condition of this BOND shall be such that:

If the PRINCIPAL shall well, truly and faithfully comply with and perform the CONTRACT in accordance with the CONTRACT DOCUMENTS, at the time and in the manner provided in the CONTRACT and in the CONTRACT DOCUMENTS, and if the PRINCIPAL shall 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 and if the PRINCIPAL shall indemnify completely and shall save harmless the OBLIGEE from any and all costs and damages which the OBLIGEE may sustain or suffer by reason of the failure of the PRINCIPAL to do so, and if the PRINCIPAL shall reimburse completely and shall pay to the OBLIGEE any and all costs and expenses which the OBLIGEE may incur by reason of any such default or failure of the PRINCIPAL, then this BOND shall be void; otherwise, this BOND shall be and shall remain in force and effect.

The PRINCIPAL and the SURETY agree that any alterations, changes, or additions to the CONTRACT DOCUMENTS, and/or any alterations, changes or additions to the WORK to be

VIII-2

performed under the CONTRACT in accordance with the CONTRACT DOCUMENTS, and/or any alterations, changes 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 of 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 under this BOND: and the SURETY, for value received does waiver notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage.

IN WITNESS WHEREOF, the PRINCIPAL and SURETY have executed this instrument under their several seals this _______ day of _______________________, _______, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its proper officer, pursuant to authority of its governing body.

In Presence of

PRINCIPAL (INDIVIDUAL/CORPORATE/PARTNERSHIP)

PRINCIPAL NAME

WITNESS/ATTEST

SURETY

SURETY NAME

ATTEST

IX-1

SECTION IX

PAYMENT BOND

Supplier Surety Name: [Full formal name of the Supplier] Name: [Full formal name of the Surety] Address (principal place of business): Address (principal place of business):

[Address of the Supplier’s principal place of business]

[Address of the Surety’s principal place of business]

Authority Contract

Name: [Full formal name of the Authority] Description (name and location):

Mailing address (principal place of business): [The Authority’s project/contract name, and location of the project] [Address of the Authority’s principal place of business]

Contract Price: [Amount, from Contract]

Effective Date of Contract: [Date, from Contract]

Bond

Bond Amount: [Amount] Date of Bond: [Date] (Date of Bond cannot be earlier than Effective Date of Contract)

Modifications to this Bond form: ☐ None ☐ See Paragraph 18 The Surety and the Supplier, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

Supplier as Principal Surety

(Full formal name of the Supplier) (Full formal name of the Surety) (corporate seal)

By: By:

(Signature) (Signature)(Attach Power of Attorney) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to the Supplier, the Surety, the Authority, or other party is considered plural where applicable.

IX-2

The Supplier and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Authority to pay for labor, materials, and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference, subject to the following terms.

1. If the Supplier promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Authority from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Contract, then the Surety and the Supplier shall have no obligation under this Bond.

2. If there is no the Authority Default under the Contract, the Surety’s obligation to the Authority under this Bond will arise after the Authority has promptly notified the Supplier and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Authority or the Authority’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Contract, and tendered defense of such claims, demands, liens, or suits to the Supplier and the Surety.

3. When the Authority has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Authority against a duly tendered claim, demand, lien, or suit.

4. The Surety’s obligations to a Claimant under this Bond will arise after the following:

4.1. Claimants who do not have a direct contract with the Supplier

4.1.1. have furnished a written notice of non-payment to the Supplier, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

4.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13).

4.2. Claimants who are employed by or have a direct contract with the Supplier have sent a Claim to the Surety (at the address described in Paragraph 13).

5. If a notice of non-payment required by Paragraph 5.1.1 is given by the Authority to the Supplier, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

6. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

6.1. Send an answer to the Claimant, with a copy to the Authority, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

6.2. Pay or arrange for payment of any undisputed amounts.

6.3. The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or the Supplier may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement.

If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

7. The Surety’s total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety.

8. Amounts owed by the Authority to the Supplier under the Contract will be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By the Supplier furnishing and the Authority accepting this Bond, they agree that all funds earned by the Supplier in the performance of the Contract are dedicated to satisfying obligations of the Supplier and the Surety under this Bond, subject to the Authority’s priority to use the funds for the completion of the Work.

9. The Surety shall not be liable to the Authority, the Claimants, or others for obligations of the Supplier that are unrelated to the Contract. The Authority shall not be liable for the payment of any costs or expenses of any Claimant under this Bond and shall have under this Bond no obligation to make payments to or give notice on behalf of any Claimants, or otherwise have any obligations to the Claimants under this Bond.

IX-3

10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations.

11. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Contract is located or after the expiration of one (1) year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable.

12. Notice and Claims to the Surety, the Authority, or the Supplier must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will be sufficient compliance as of the date received.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond.

14. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Supplier and the Authority shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. Definitions

15.1. Claim—A written statement by the Claimant including at a minimum:

15.1.1. The name of the Claimant;

15.1.2. The name of the person for whom the labor was done, or materials/equipment furnished;

15.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Contract;

15.1.4. A brief description of the labor, materials, or equipment furnished;

15.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Contract;

15.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim;

15.1.7. The total amount of previous payments received by the Claimant; and

15.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim.

15.2. Claimant—An individual or entity having a direct contract with the Supplier or with a subcontractor of the Supplier to furnish labor, materials, or equipment for use in the performance of the Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located.