1-Project No. 2025-210 Bid Package Caustic Soda Hydrofluosilicic Acid.pdf

SPECIFICATIONS, PROPOSAL, AND CONTRACT

For procurement of the following by Capital Region Water:

Project No. 2025-210 Caustic Soda & Hydrofluosilicic Acid

ISSUED

September 4, 2025

Bids for this project must be received online by Capital Region Water in the PennBid Procurement Portal https://pennbid.bonfirehub.com/ by Friday, September 26, 2025, 12:00 p.m.

CAPITAL REGION WATER

For further information:

https://pennbid.bonfirehub.com/

NOTICE – SEEKING BIDS

Capital Region Water (CRW) is accepting sealed bids for:

Capital Region Water will receive sealed bids via the online PennBid Procurement Portal https://pennbid.bonfirehub.com/, for Project No. 2025-210 Caustic Soda & Hydrofluosilicic Acid, until Friday, September 26, 2025 at 12:00 p.m., and, thereafter, bids will be opened online. Any Bid received after said date and time will not be opened. This project will take place at the Dr. Robert E. Young Water Services Center, 100 Pine Drive, Harrisburg, PA 17103. A complete proposal packet may be obtained online, at no cost, at https://pennbid.bonfirehub.com/.

Capital Region Water intends to award the contract to the overall lowest responsible bidder as determined by Capital Region Water’s Board of Directors in the best interest of Capital Region Water.

There is no mandatory Pre-Bid meeting to discuss this Bid and Agreement however, bidders may request to schedule site visits to the two (2) delivery locations if submitted online in writing in the PennBid Procurement Portal “Messages” Section, “Vendor Discussions” tab by Monday, September 11, 2025 at 12:00 p.m.

Performance, Payment, and Bid Bonds are not required for this Bid or Agreement. An anti-collusion affidavit is required for this Bid.

Bids shall be submitted online on the included Proposal Form within the PennBid Procurement Portal. While Bidders may make comments to clarify their bid, Bidders cannot change, modify, delete or make additions to the text of any of the Bidding Documents including, but not limited to, the Agreement. Unauthorized conditions, exceptions, limitations, or provisions attached to a bid may be cause for rejection of the bid. Alterations by erasure or interlineation must be explained or noted in the bid over the signature of the Bidder. All questions and/or inquiries regarding the bidding documents shall be submitted online in the PennBid Procurement Portal https://pennbid.bonfirehub.com/ “Messages” Section, “Public Q&A” tab by Friday, September 19, 2025 at 12:00 p.m.

TELEPHONE AND E-MAIL INQUIRES WILL NOT BE ACCEPTED.

Bidding Documents may only be modified by Addendum issued by Capital Region Water in the PennBid Online Portal “Messages” Section, “Public Notices” tab by Friday, September 19, 2025 at 12:00 p.m.

Capital Region Water reserves the right to reject any or all bids, in whole or in part, and reserves the right to waive any defects, errors, omissions, irregularities, or informalities in a bid or the bid procedure; and to accept any Bid, in whole or in part, which it may deem to be for or in the best interest of Capital Region Water.

https://pennbid.bonfirehub.com/

It is the policy of Capital Region Water to ensure that minority, women, and disadvantaged businesses have an equal opportunity to receive, compete, and participate in all contracts.

All efforts are made to ensure nondiscrimination in the solicitation, award, and administration of such contracts. This same intent to ensure nondiscrimination in solicitation and award applies to professional service contracts.

Capital Region Water is an Equal Opportunity Employer. Minority and women-owned business and those defined as SERBs under State regulations are encouraged to submit proposals.

INSTRUCTIONS TO BIDDERS

1. Project Overview

Capital Region Water is seeking bids from qualified bidders for the furnishing of Goods for Project No. 2025-210 Caustic Soda & Hydrofluosilicic Acid, as further described in the Specifications herein.

2. Bidding Documents

The Bidding Documents include the following documents:

1. Notice / Advertisement

2. Instructions to Bidders

3. General Terms and Conditions

4. Non-Discrimination Notice

5. Bidder Affidavit

6. Instructions and Non-Collusion Affidavit

7. Bidder’s Questionnaire (with supporting data if required)

8. Proposal

9. Attachment A Cost Sheet

10. Bid Specifications

11. Agreement

12. Addenda (if released by Capital Region Water)

13. Bidder Acknowledgements (Excel Questionnaire in “Requested Information” tab)

14. Pricing Section (Excel Bid Table in “Requested Information” tab)

3. Copies of Bidding Documents

A complete set of Bidding Documents may be obtained by the Bidder online via the PennBid Procurement Portal https://pennbid.bonfirehub.com/.

All prospective bidders who obtained the Bidding Documents online are listed in the “Document Takers” section in the PennBid Procurement Portal.

Complete sets of the Bidding Documents shall be used in preparing the Bid. Capital Region Water does not assume responsibility for any errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

4. Contractor

The successful bidder will be known as the Contractor. The successful bidder to whom a contract (the “Agreement”) is awarded will be required to comply with all applicable federal and state laws, rules, regulations, orders and approvals, and all applicable ordinances, rules, and regulations.

5. Qualifications of Bidders

To demonstrate the Bidder’s qualifications to furnish the Goods, the Bidder shall submit with the Bid a completed Bidder’s Questionnaire, as contained in the Bidding Documents.

Submission of financial information is not required with the Bid. Capital Region Water, however, reserves the right to request such information within five (5) calendar days after the “Close Date” (“Deadline for Submissions”) stated online in the PennBid Procurement Portal.

Each Bid must contain evidence of Bidder’s qualification to do business in the Commonwealth of Pennsylvania, or covenant to obtain such qualification prior to and as a condition of the award for the Contract.

6. Interpretations and Addenda

Any questions or requests for interpretation of any provision of the Bidding Documents or Specifications shall be made online in the PennBid Procurement Portal “Messages” Section, “Public Q&A” tab prior to the “Questions Due Date” (“Deadline to submit Questions”).

If deemed necessary to address or clarify the Bidding Documents, Capital Region Water may issue an Addendum online in the PennBid Procurement Portal “Messages” Section, “Public Notices” tab by Friday, September 19, 2025 at 12:00 p.m. Questions submitted online in the PennBid Procurement Portal after the “Questions Due Date” (“Deadline to submit Questions”) may not be answered.

Only questions answered by formal written Addenda online in the PennBid Procurement Portal “Messages”, “Public Notices” tab will be binding. Oral statements, interpretations or clarifications will not be binding or legally effective. A Bidder or Document Taker (listed in the PennBid Online Portal “Document Takers” “Vendors” section) who fails to acknowledge receipt of any such Addendum with its Bid, will be construed as though the Addendum had been received and acknowledged.

7. Security

Performance, Payment, or Bid Bonds are not required for this Bid or Agreement.

8. Proposal Form

The Bid price of each item on the Proposal Form must be stated in numerals and, if required, in words. Subject to Capital Region Waters right to correct a Bidder’s mathematical totals, a discrepancy between the words and numerals for a particular item will be resolved in favor of the words.

The “Bid price” for each unit price Bid item will be the product of the “estimated quantity”, which CRW or its representative has set forth in the Proposal Form, for the item and the corresponding “bid unit price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by CRW for Bid comparison purposes and for establishing the Performance and Payment Bond amounts (if applicable).

For the determination of the apparent low Bidder(s) when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated or actual quantity of each item and unit price Bid for that item, together with any lump sum items.

The Proposal Form (hereinafter the “Bid”) of an individual must be signed by the individual person. The Bid of a partnership must state the names of each partner and must be signed by at least one partner. The Bid of a corporation must show the State of incorporation and must be signed by the President or Vice President. All names must be typed or printed below each signature. Bid prices shall be inclusive and shall include, if applicable, all taxes of whatever nature applicable to the Goods. Submission of prices for Alternates, if any, is mandatory.

The following should be considered by Bidder with Bid submission, if applicable:

Tax: Pennsylvania sales tax is not to be included in the bid. Capital Region Water is sales tax exempt. The tax exemption certificate will be furnished to the Contractor.

However, the Contractor is not exempt from the obligation to follow appropriate tax laws in the procurement of goods, materials and services used in the performance of this Agreement. Bidder shall obtain legal advice to determine how and to what extent Capital Region Water tax exemption may be utilized by the Contractor. Capital Region Water will provide, at the Contractor's request, documentation required to obtain applicable tax exemptions.

Shipping and Delivery: The Contractor shall deliver the Goods, select the carrier, and bear all costs of packaging, transportation, insurance, special handling, and any other cost associated with shipment and delivery. Delivery of any Goods (or other supplies) shall be F.O.B. Destination to the location(s) listed in the Bid Specifications.

The Contractor shall be responsible for unloading the Goods from the carrier unless otherwise agreed upon in writing or indicated in the specifications. The risk of loss and insurable interests transfer from the Contractor to Capital Region Water upon Capital Region Water receipt of the Goods at the Point of Destination. Capital Region Water reserves the right to reasonably change this location if it is in the best interest of Capital Region Water. Additional delivery requirements may be contained in the Specifications.

The Bidder shall state in the Proposal, as a firm delivery promise, the time required to furnish the Goods after receipt of an order or execution of an Agreement by Capital Region Water.

9. Substitutions and “Or Equal” Items

Bids shall be based on products, goods, materials, equipment, and methods covered in the Specifications and shown on any drawings, if included. When a specification includes the name or names of manufacturer(s), Bids shall be based on a product which: (1) meets all Specification requirements, including but not limited to specific catalogues, model numbers, trade names; and (2) is produced by one of the manufacturers specifically named in the Specifications for that product.

Requests for substitutions, or for “or Equal” goods other than those specified in the Specifications, will be considered by Capital Region Water if submitted online in writing in the PennBid Procurement Portal “Messages” Section, “Vendor Discussions” tab by Friday, September 19, 2025 at 12:00 p.m. The burden of proof of the merit of the proposed item is upon the Bidder, but must specify, at a minimum, the alternate item and a complete description of the alternate item including any technical literature which may be uploaded. To upload, navigate to the “Messages” Section, “Vendor Discussions” tab, then click “Start a new Vendor Discussion”. Complete the “Subject” field then click “Vendor Attachments”. Click “Attach File” to upload files. Type your message in the “Message” field. Click “Send” to submit.

Capital Region Water’s decision of approval or disapproval of a proposed item shall be final. If Capital Region Water approves any proposed item(s), such approval will be set forth in an Addendum issued to all prospective Bidders online in the PennBid Procurement Portal “Messages” Section, “Public Notices” tab. Bidders shall not rely upon approvals made in any other manner.

10. Submission of Bids

Bids shall be submitted online in the PennBid Procurement Portal https://pennbid.bonfirehub.com/ prior to the “Close Date” (“Deadline for Submissions”) indicated in the Notice. The Bidder is solely responsible for submitting the Bid prior to the “Close Date” (“Deadline for Submissions”).

The following documents are required to be completed by the Bidder, submitted with the bid, and are attached to, and made a condition of this Bid:

1. Notice / Advertisement

2. Instructions to Bidders

3. General Terms and Conditions

4. Non-Discrimination Notice

5. Bidder Affidavit

6. Instructions and Non-Collusion Affidavit

7. Bidder’s Questionnaire (with supporting data if required)

8. Proposal

9. Attachment A Cost Sheet

10. Bid Specifications

11. Agreement

12. Addenda (if released by Capital Region Water)

13. Bidder Acknowledgements (Excel Questionnaire in “Requested Information” tab)

14. Pricing Section (Excel Bid Table in “Requested Information” tab)

Bidders may provide comments to clarify or describe their technical offer, however, Bidders cannot change, modify, delete, or make additions to the text of any of the Bidding Documents, including but not limited to the Agreement, General Conditions, or the Proposal form. Unauthorized conditions, exceptions, limitations, or provisions attached to the bid may be cause for rejection of the bid. Any questions regarding the Bidding Documents shall be submitted online in the PennBid Portal “Messages” tab as a request for interpretation.

The Bidding Documents may only be modified by Addendum issued by Capital Region Water online in the PennBid Procurement Portal “Messages”, “Public Notices” tab prior to the “Close Date” (“Deadline for Submissions”).

Prior to submitting a bid, it is the responsibility of each Bidder to:

A. examine and carefully study the Bidding Documents, including any Addenda (if released), and any and all related data identified in the Bidding Documents, including any technical data;

B. if specified, or if, in Bidder’s judgment, any local condition may affect cost, progress or the furnishing of Goods and/or performance of Work, visit the Point(s) of Destination to become familiar with and satisfied with the local conditions that may affect cost, progress, or the furnishing of Goods and/or performance of Work;

C. become familiar with and satisfied as to all federal, state, and local Laws and regulations that may affect cost, progress, or the furnishing of Goods and/or performance of Work;

D. carefully studied and correlated the information known to Bidder, and information and observations obtained from Bidder’s visits, if any, to the applicable Point(s) of Destination, with the Bidding Documents;

E. promptly gave Capital Region Water written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovered in the Bidding Documents and confirmed that the written resolution thereof by Capital Region Water is acceptable to Bidder;

F. determined that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the furnishing of Goods and/or performance of Work.

11. Modification and Withdrawal of Bids

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) online in the PennBid Procurement portal “Submissions” tab any time prior to the “Close Date” (“Deadline for Submissions”).

Following the PennBid, “Close Date” (“Deadline for Submissions”), a Bidder may withdraw its Bid only by complying with applicable Federal, State, or local laws and regulations.

Unless prohibited by such applicable laws and regulations, or if there are no applicable laws and regulations, the Bidder shall forfeit the entire amount of Bid security upon withdrawal of its Bid (if bid security is required).

12. Bids to Remain Subject to Acceptance

Bids shall remain open for a period of sixty (60) days from the PennBid, “Close Date” (“Deadline for Submissions”) or for such longer period of time that Bidder may agree to in writing upon request of Capital Region Water unless award is delayed by a required approval from a governmental agency, the sale of bonds or notes, or the award of a grant or grants, in which event the Bids shall remain open for a period of one hundred twenty (120) days from the PennBid, “Close Date” (“Deadline for Submissions”).

Following the PennBid, “Close Date” (“Deadline for Submissions”), Capital Region Water will either award the Agreement or reject all Bids, returning the Bid security (if bid security is required) to the Bidders. Thirty (30) day extensions of the date for the award may be made by the mutual written consent of Capital Region Water and the apparent successful Bidder(s).

13. Award of Contract

Capital Region Water reserves the right, without limitation, to reject any or all Bids, in whole or in part, including without limitation, the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder, in whole or in part, if Capital Region Water believes it would not be in the best interest of Capital Region Water to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Capital Region Water. Capital Region Water also reserves the right to waive any defects, errors, omissions, irregularities, or informalities in a bid or the bid procedure. Capital Region Water reserves the right to waive all irregularities or informalities not involving price, time, or changes in the Goods.

Capital Region Water will correct discrepancies in Bidder’s mathematical totals.

Discrepancies in the multiplication of units of Goods and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

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

In evaluating Bids, following the PennBid, “Close Date” (“Deadline for Submissions”), Capital Region Water may conduct such investigations as Capital Region Water deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Contractors, and other persons and organizations with regard to the furnishing of Goods and/or performance of Work in accordance with the Bidding Documents to the satisfaction of Capital Region Water within the prescribed time. Capital Region Water reserves the right to interview bidders.

If the Contract is to be awarded, Capital Region Water will provide the apparent successful Bidder a “Notice of Intent to Award”.

14. Signing of Agreement

Following Capital Region Water providing a “Notice of Intent to Award” to the apparent successful Bidder(s), within fifteen (15) calendar days thereafter, the apparent successful Bidder(s) shall sign and deliver to Capital Region Water signed counterparts of the Agreement accompanied by the executed Performance and Payment Bonds (with a power-of-attorney certificate attached to each) or other forms of financial security and required insurance certificate(s) if such security is required. The Contract may be cancelled, at the discretion of Capital Region Water, if the apparent successful Bidder does not execute and deliver to Capital Region Water the Agreement, within fifteen (15) calendar days from the date of the “Notice of Intent to Award”.

GENERAL TERMS AND CONDITIONS

1. Labor and Equipment

The Contractor agrees to furnish all labor, tools, and equipment and to pay all expenses necessary for or in connection with, the Goods and/or performance of Work to be supplied hereunder in consideration of the payments hereinafter provided to be paid to the Contractor by Capital Region Water.

2. Inspection of Goods and/or Work Capital Region Water reserves the right to inspect the Contractor’s Work, Goods, or other deliverables, and direct changes to the Contractor’s methods and procedures within the scope of this Contract. Periodic inspections will be performed by Capital Region Water or its agents.

3. Termination

Should the Contractor fail to furnish the Goods and/or perform the Work to the satisfaction of Capital Region Water or to comply with any of the provisions of the Contract and Agreement, Capital Region Water may terminate the Contract and Agreement for cause upon seven (7) days written notice of intent to terminate to the Contractor including, but not limited to, failure to deliver the specific Goods within the timeframe or in the specific amount as established in the Specifications. Contractor’s services will not be terminated if the Contractor begins within seven (7) days of receipt of the notice of intent to terminate to correct and cure the deficiencies set forth in said notice and it proceeds in a diligent manner to cure such deficiencies within no more than fifteen (15) days of receipt of said notice, unless Capital Region Water in its sole and absolute discretion extends such time to cure in writing.

Notwithstanding the foregoing, Capital Region Water may terminate the Contract and Agreement without cause and without prejudice to any other right or remedy of Capital Region Water upon ten (10) days’ written notice to Contractor.

4. Warranty The Contractor shall warrant and guarantee that such Goods supplied will be of merchantable quality and fit for the ordinary purposes for which such Goods are sold.

The Contractor shall warrant and guarantee that such Goods shall conform to the Specifications herein.

With respect to breach of warranty claims by Capital Region Water, Capital Region Water shall provide the Contractor with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach of warranty has occurred. The Contractor shall have ten (10) days from receipt of the written notice declaring the breach (or such longer period of time as Capital Region Water may grant in writing) within which to cure the alleged breach. These provisions shall be in addition to all other rights and remedies available to Capital Region Water under the Agreement and any applicable laws.

5. Notice of Defect Capital Region Water shall give the Contractor prompt notice of defects in the furnishing of Goods and/or performance of Work that becomes apparent. In the case of subpar Goods, Contractor must immediately replace deliverables. In case of an emergency where delay would cause serious loss or damage, Capital Region Water may undertake to have any defects repaired without previous notice to the Contractor, and the expense of such repairs shall be borne by the contractor.

6. Permits, Licenses, etc.

All permits, licenses, inspections, ratings, or approvals related to the furnishing of Goods and/or performance of Work are the responsibility of the Contractor and all expenses for such should be included in the bid proposal. Capital Region Water shall not be responsible for delays by others.

7. Assignment

The contractor shall not sublet this Agreement or any portion of it without first obtaining the written consent of Capital Region Water. The contractor shall not obligate Capital Region Water to make any payments to another party for, or on behalf of Capital Region Water, without the approval of Capital Region Water.

8. Invoices and Payment All payments shall be processed through Capital Region Waters’ standard accounts payable system. The Contractor invoices shall be marked NET 30 DAYS. The invoice must include, at a minimum, the quantity and type of Goods furnished including individual costs by line item.

If Capital Region Water objects to any portion of an Invoice, Capital Region Water shall so notify the contractor in writing within twenty (20) days of receipt of the invoice.

Capital Region Water shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice not in dispute.

9. Quantities Awarded

For requirements contracts only, the items and quantities of such items if set forth in the Bidding Documents are only estimates. Capital Region Water in its sole discretion may make an award for some or all of the items bid and in such quantities as Capital Region Water shall deem appropriate.

10. Delivery and Prices A. All item(s) must be delivered at the price(s) bid, F.O.B. Point of Destination.

B. The Bidder shall state in the Proposal, as a firm delivery promise, the time required to complete delivery on the Goods to be furnished after receipt of an order by Capital Region Water.

C. The Contractor may only deliver Goods and/or perform Work as authorized in the Agreement after the receipt of a purchase order or other authorized document from Capital Region Water. All orders shall be in writing or placed by telephone for release on an as needed basis throughout the contract period.

11. Substantial Completion Date

The Contractor must adhere to a substantial completion date upon issuance of a contract from Capital Region Water. If there are supply chain issues for procurement of Goods related to this contract, the Contractor shall submit in writing to Capital Region Water any expected delays and provide estimate(s) of when such Goods are expected to be delivered or provided. Capital Region Water may exercise discretion in applying any liquidated damages for delay (but not as a penalty) as stated below.

12. Liquidated Damages.

Capital Region Water and the Contractor acknowledge time is of the essence and that Capital Region Water will suffer financial loss if the Goods and/or performance of Work are not delivered/performed within the schedule specified in the Bidding Documents, plus any extensions thereof allowed. The parties also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Capital Region Water if the Goods and/or performance of Work are not delivered/performed within that time.

Accordingly, instead of requiring any such proof, Capital Region Water and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay Capital Region Water One Hundred Dollars ($100.00) for each calendar day that expires after the time specified in the Bidding Documents, up to One Hundred Percent (100%) of the contract value of this Agreement. Capital Region Water reserves the option to extend the scheduled completion date or waive the Liquidated Damages clause in its entirety, if, in the judgement of Capital Region Water, extenuating circumstances deem such action is appropriate.

13. Insurance Unless otherwise specified, the Contractor shall, at its sole cost and expense, maintain the following minimum types of insurance as specified herein. Prior to commencing work, the Contractor shall furnish to Capital Region Water for its examination and approval, such policies of insurance with all endorsements, or a conformed specimen thereof certified by the agent of the insurance company, together with certificates of the insurance company of such insurance.

Commercial General Liability $1,000,000 each occurrence/$2,000,000 aggregate, include per location/project aggregate

Automobile Liability $1,000,000 combined single limit, include owned, hired, and non-owned vehicles

Workers Compensation Statutory workers compensation, $500,000/$500,000/$500,000 employers liability If Applicable Umbrella Liability $5,000,000, umbrella to extend over general liability, automobile liability, and employers liability

• Capital Region Water its officers, and employees, are to be listed as an additional insured for both ongoing and completed operations on the subcontractor’s general liability policy

• Capital Region Water is to be listed as an additional insured on the subcontractor’s automobile liability policy

• The subcontractor shall waive all rights of recovery and subrogation against Capital Region Water for loss or damage covered by any of the insurance maintained by the subcontractor

• Subcontractors insurance shall contain a clause that the subcontractor’s insurance is primary and noncontributory

• The insurance carriers shall have an AM Best rating of A- (Excellent) or better and a size category of Class VII or higher

• Certificate and insurance policies required shall contain a provision that coverages afforded under the policies will not be canceled, non-renewed, or allowed to expire or the limits reduced until at least 30 days prior written notice has been given to Capital Region Water

14. Indemnification

Contractor, and its subcontractors, if any, successors and assigns, its employees, agents, servants, and/or anyone acting under Contractor’s control and/or Contractor’s direction shall release, hold harmless, and indemnify Capital Region Water, its officers, elected officials, agents, representatives, and employees acting within the scope of their official duties from and against any and all damages, costs, claims, suits, demands and expenses (including but not limited to reasonable attorneys’ fees) to the extent caused by the negligent acts, willful misconduct, errors, or omissions of Contractor, its employees, sub-contractors, agents, servants, and/or anyone acting under Contractor’s control and/or Contractor’s direction, in the performance of the requirements of the Contract. Contractor shall defend any lawsuit commenced against Capital Region Water and shall pay any judgments and costs connected with such proceeding which are based upon the negligent acts or omissions of Contractor or its employees, agents, servants, and/or anyone acting under Contractor’s control and/or Contractor’s direction. If Contractor is successful in defending such a lawsuit, then Capital Region Water will reimburse Contractor for its costs and expenses associated with such defense only to the extent that such liabilities arise from an action which can be properly brought against Capital Region Water as an exception to governmental immunity in accordance with the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. § 8541 et seq. and in accordance with such limits of liability set forth in the Act. This Section shall survive the termination of the Contract.

15. Taxes All taxes of whatsoever kind, nature and description payable in respect to the performance of this agreement are to be paid by the Contractor unless otherwise provided by law. Capital Region Water is tax exempt as a Pennsylvania municipal authority.

16. Disputes Before any litigation is brought pursuant to this Agreement, the parties hereto agree to submit any dispute between them to mediation. Such mediation shall be a condition precedent to either party instituting litigation unless a stay of an applicable statute of limitations or repose is necessary. Such mediation may be initiated by written request and will occur within thirty (30) days of such request. A mutually agreeable impartial mediator may be retained, if requested by either party, to assist in the mediation process. In the event the parties cannot agree to a mediator, the parties will continue to put forth names for a mutually agreeable time, not to exceed sixty (60) days, after which litigation may be commenced in Dauphin County Court of Common Pleas if a mediator is not agreed upon. In the event mediation does not result in the successful resolution of the dispute, either party may institute any and all actions necessary to protect their rights at law and/or equity in accordance with this Agreement.

17. Compliance with Laws All Goods and/or performance of Work furnished under this Agreement shall conform with all applicable federal, state, and local laws.

18. Pennsylvania Right to Know

The Contractor acknowledges and understands that any information received by Capital Region Water may be subject to the Pennsylvania Right to Know Law, 65 P.S.

§ 67.101 et seq. If any information received by Capital Region Water is subject to a request pursuant to the Pennsylvania Right to Know Law, Capital Region Water shall notify the Contractor within five (5) days of receiving said request if required by the Right to Know Law. The Parties hereto shall use all reasonable efforts to coordinate a response pursuant to the Right to Know Law. In the event the Contractor determines the requested information is considered a Trade Secret or Confidential Proprietary Information as defined by the Right to Know Law or that any other exemption applies, the Contractor shall notify Capital Region Water within five (5) days of receiving notification from Capital Region Water of the request for information pursuant to the Right to Know Law. In the event that Capital Region Water denies a request pursuant to the Right to Know Law at the Contractor’s request and that denial of information is appealed to the Pennsylvania Office of Open Records and/or Pennsylvania Courts, the Contractor shall indemnify Capital

Region Water for any and all legal expenses incurred by Capital Region Water as a result of such challenge and may participate in any proceedings as an interested party. The Contractor’s duties regarding the Right to Know Law are continuing duties that survive the expiration of this Agreement.

NON-DISCRIMINATION

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

A. Contractor shall not discriminate against any employee, applicant for employment, independent contractor, or any other person because of race, color, religious creed, ancestry, national origin, age, sex or disability. Contractor shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age, or sex. Such affirmative action shall include, but is not limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. Contractor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the contracting agency setting forth the provisions of this non-discrimination clause.

B. Contractor shall in advertisements or requests for employment placed by it or on its behalf state all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, sex, or disability.

C. Contractor shall send each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of its commitment to this non-discrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by the contractor.

D. It shall be no defense to a finding of a noncompliance with Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission or this non-discrimination clause that contract has delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the contractor was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

E. Where the practices of a union or any training program or other source of recruitment will result in the exclusion of minority group persons, so that contractor will be unable to meet its obligations under the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission or this non-discrimination clause, contractor shall then employ and fill vacancies through other non-discrimination employment procedures.

F. Contractor shall comply with the Contract Compliance Regulations of the Pennsylvania Human Relations Commission, 16 Pa. Code Chapter 49 and with all laws prohibiting discrimination in hiring or employment opportunities. In the event of contractor's non-compliance with the non-discrimination clause of this contract or with any such laws, this contract may, after hearing and adjudication, be terminated or suspended, in whole or in part, and contractor may be declared temporarily ineligible for Commonwealth of Pennsylvania contracts, and such other sanctions may be imposed, and remedies invoked as provided by the Contract Compliance Regulations.

G. Contractor shall furnish all necessary employment documents and records to, and permit access to its books and accounts by, the contracting agency and the Human Relations Commission, for purposes of investigation to ascertain compliance with the provisions of the Contract Compliance Regulations, pursuant to ss 49.35 (relating to information concerning compliance by contractors). If the contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency or the Commission.

H. Contractor shall actively recruit minority subcontractors or subcontractors with substantial minority representation among their employees.

I. Contractor shall include the provisions of this non-discrimination clause in every subcontract, so that such provisions will be binding upon each subcontractor.

J. The terms used in this non-discrimination clause shall have the same meaning as in the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission, 16 Pa. Code Chapter 49.

K. Contractor obligations under this clause are limited to the Contractor's facilities within Pennsylvania, or, where the contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are produced.

BIDDER AFFIDAVIT

The Specifications and all papers required by it and submitted herewith, the Agreement, and all papers made a part hereof by its terms, are hereby made a part of this Proposal.

The undersigned bidder hereby represents as follows:

A. That bidder has carefully examined the Proposal, the Agreement, and the Specifications.

B. That no officer, agent, or employee of Capital Region Water is personally interested directly or indirectly in this Proposal and the accompanying Agreement or the compensation to be paid herein under.

C. That the Proposal is made without connection with any person, firm or corporation making a Proposal for the same work, and is in all respects fair and without collusion or fraud; and

D. That should this Proposal be accepted by Capital Region Water within sixty (60) days of the opening of bids, bidder will execute the Agreement and furnish any other documents within the time and in the forms and amount required by the Agreement and Specifications, and that upon bidders failure, neglect or refusal to do so, bidder shall forfeit to Capital Region Water the Proposal Security (if applicable), not as a penalty, but as a liquidated damage.

Name of Bidder, Corporation, Firm or Individual

By: ________________________________

Authorized Representative

Please Print Signature

Title

Business Address of Bidder

Phone #

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. 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.

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

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

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

5. The term “complementary bid”, as used in the Affidavit, has the meaning commonly associated with that term in the bidding process and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or non-competitive bid and any other form of bid 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 bid.

NON-COLLUSION AFFIDAVIT

Contract/Bid No. ___________________________

State of :

County of :

I state that I am, _____________________________ of ____________________________

(Title) (Name of Firm) and that I am authorized to make this Affidavit on behalf of my firm and its owners, directors and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

(1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or non-competitive bid or other form of complementary bid.

(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive bid.

(5) (Name of Firm) ________________________________ its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not, in the last four (4) years, been convicted or found liable or any act prohibited by State or Federal law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

I state that _________________________ (Name of Firm) understands and acknowledges that the above representations are material and important and will be relied on by _________________________ (Name of Public Entity) in awarding the contract(s) for which this bid is submitted.

NON-COLLUSION AFFIDAVIT CONTINUED

I understand, and my firm understands, that any misstatement in this Affidavit is and shall be treated as fraudulent concealment from _________________________ (Name of Public Entity) of the true facts relating to the submission of bid for this contract.

(Signature)

(Print Name)

(Company Position)

SWORN AND SUBSCRIBED

BEFORE ME THIS

(Date)

Notary Public

My Commission Expires:

(Date)

BIDDER’S QUESTIONNAIRE

All questions must be answered, and the dates given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. The Bidder may submit additional information if desired. The signer of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made.

For: Capital Region Water 3003 North Front Street Harrisburg, PA 17110

Project: Project No. 2025-210 Caustic Soda & Hydrofluosilicic Acid

Submitted by:

(Bidder’s Full Name) _____________________________________________________

(Full Address) _____________________________________________________

(Phone Number) ______________________________________________________

(State of Incorporation) ______________________________________________________

1. State the number of years your organization has been in business under your present business name and engaged in the type of work called for in this Bid.

(FORM CONTINUES ON FOLLOWING PAGE)

2. List three (3) similar contracts your organization has completed in the last five (5) years. Include project name or description, date, Owner, Owner’s Representative, and phone number of Owner’s representative.

Project Date Owner Owner’s

Representative

Owner’s Representative Phone Number

The undersigned hereby authorizes Capital Region Water and its representatives to contact former clients and / or references to discuss the bidder’s performance and / or qualifications. Bidder hereby expressly releases Capital Region Water, its agents, attorneys, engineers, representatives, board members, heirs, and assigns from any and all rights, losses, damages, claims, actions or causes of action, whether in contract or tort, law or equity, whether known or unknown, suspected or unsuspected, which the Bidder ever had, now has, or will have against Capital Region Water, former clients and / or references related to the discussion in any manner of the Bidder’s performance and / or qualifications.

Dated at this _____ day of__________________20___.

Name of Bidder, Corporation, Firm or Individual

By: ________________________________

Authorized Representative

(Please Print Signature)

Title

END OF BIDDER’S QUESTIONNAIRE

PROPOSAL

NOTE: This Proposal form is provided as a convenience. Sealed bids shall be submitted online via the PennBid Procurement Portal https://pennbid.bonfirehub.com/ Instructions are provided below.

DATE_______________________

ARTICLE 1 - BID RECIPIENT

1.01 Sealed bids shall be submitted online in the PennBid online Procurement Portal https://pennbid.bonfirehub.com/ Click “Log In” or “Register” in the upper right corner. Click the “Open Public Opportunities” tab. Navigate to the correct opportunity. Click “View Opportunity”.

1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Capital Region Water in the form included in the Bidding Documents to furnish the Goods and/or perform the Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGMENTS

2.01 Bidder accepts all of the terms and conditions of the Advertisement/Invitation to Bid and Instructions to Bidders. The Bid will remain subject to acceptance for sixty

(60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Capital Region Water.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents, as set forth in the Bidding Documents, that the Bidder has:

A. examined and carefully studied the Bidding Documents, including any Addenda (if released), and any and all related data identified in the Bidding Documents, including any technical data;

B. if specified, or if, in Bidder’s judgment, any local condition may affect cost, progress or the furnishing of Goods and/or performance of Work, Bidder has visited the Point(s) of Destination to become familiar with and satisfied with the local conditions that may affect cost, progress, or the furnishing of the Goods and/or performance of Work;

C. become familiar with and satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, or the furnishing of Goods and/or performance of Work;

D. carefully studied and correlated the information known to Bidder, and information and observations obtained from Bidder’s visits, if any, to the applicable Point(s) of Destination, with the Bidding Documents;

E. promptly gave Capital Region Water written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovered in the Bidding Documents and confirmed that the written resolution thereof by Capital Region Water is acceptable to Bidder;

F. determined that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the furnishing of Goods and/or performance of Work.

ARTICLE 4 – BASIS OF BID

4.01 Bidder will furnish the Goods and/or perform the work as noted below in accordance with the Bidding and Contract Documents (indicate quantity where none is currently given) at the following FIRM prices.

ALL BID PRICES MUST BE A FIRM PRICE FOR THE CONTRACT PERIOD.

[See Attachment A – Cost Sheet]

NOTE 1: The bidder shall include all costs associated with the purchase and delivery of the fuel in the bid price. No other deposits or charges will be paid by Capital Region Water other than the bid price.

NOTE 2: The delivery location(s) are listed in the Bid Specifications.

ARTICLE 5 - TIME OF DELIVERY

5.01 Bidder agrees that the time for furnishing of Goods and/or performance of work following award of a contract by Capital Region Water, shall conform to the schedule set forth in the Specifications.

ARTICLE 6 - ATTACHMENTS TO THIS BID

6.01 The following documents are required to be completed by the Bidder, submitted with the bid, and are attached to, and made a condition of this Bid:

1. Notice / Advertisement

2. Instructions to Bidders

3. General Terms and Conditions

4. Non-Discrimination Notice

5. Bidder Affidavit

6. Instructions and Non-Collusion Affidavit

7. Bidder’s Questionnaire (with supporting data if required)

8. Proposal

9. Attachment A Cost Sheet

10. Bid Specifications

11. Agreement

12. Addenda (if released by…