3-INVITATION FOR BID - Fuel.pdf

INVITATION FOR BID

FOR THE

PURCHASE OF GASOLINE AND DIESEL FUEL

CONTRACT #B‐25-008

Radnor Township 301 Iven Avenue

Wayne, PA 19087‐5297 610‐688‐5600

Fax 610‐688‐1279 www.radnor.com

November 2025 http://www.radnor.com/

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TABLE OF CONTENT

ADVERTISEMENT

INSTRUCTIONS TO BIDDERS

BID SECURITY

STATEMENT OF BIDDER'S QUALIFICATIONS

NON‐COLLUSION AFFIDAVIT

CLIENT REFERENCES

BULLETINS

GENERAL CONDITIONS

DETAILED SPECIFICATIONS

AGREEMENT

PERFORMANCE BOND

APPENDIX A - GASOLINE AND DIESEL FUEL BENCHMARK PRICES

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ADVERTISEMENT

Sealed bids for the PURCHASE OF GASOLINE AND DIESEL FUEL (CONTRACT #B-25-008) will be received by Radnor Township until 10:00 a.m. on Wednesday, November 19, 2025, where and when the bids shall be publicly opened and read aloud. Bids must be submitted and be updated online through PennBid (https://PennBid.net). Bid packages may be obtained at no charge through PennBid beginning on Thursday, November 6, 2025. The award date for this project is tentatively scheduled for Monday, December 8, 2025.

A bid security in the amount of ten percent (10%) of the total bid is required. Bid security shall be in the form of either a Bond issued by a corporate surety approved by the Secretary of Insurance to do business in the Commonwealth of Pennsylvania, or a certified check or an Irrevocable Letter of Credit issued by a bank licensed to do business in the Commonwealth of Pennsylvania. The successful bidder shall supply a performance bond in the amount of 100% of the total bid.

The Township Board of Commissioners reserves the right to waive any informalities and reject any or all proposals, or parts thereof, for any cause permitted by law, as it deems in the best interest of the Township. The standard under which bids will be evaluated and other bid requirements and instructions to bidders are included in the bid package.

William White Township Secretary

To be Published:

Delaware County Daily Times: Thursday, November 6, 2025 and Thursday, November 13, 2025

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INSTRUCTIONS TO BIDDERS

1. Bidder’s Responsibility

All Bidders are required to familiarize him/herself with all the requirements contained in this bid package including, but not limited to, all the conditions specified in the Advertisement, Instructions to Bidders, General and Specific conditions, if any, Detailed Specifications, Drawings, Maps, Bid Security and Bond agreements, and all other parts of the contract documents, the federal Fair Labor Standards Act provisions, various insurance requirements, equal opportunity and nondiscrimination provisions, non‐collusion requirements, and local, state, and federal laws and regulations, if applicable.

2. Pre Bid Meeting

A pre‐bid meeting will not be held for this bid.

3. Bulletins (Addenda)

Bidders shall acknowledge receipt of all bulletins (addenda) which have been issued during the bidding period and agree that said bulletins shall become part of the Contract Documents. Bidders shall list the numbers and issuing dates of the bulletins received and acknowledge same on the Bulletins acknowledgement form.

4. Bidder Questions

A. All questions regarding the bid must be submitted using the online form on PennBid (https://Pennbid.net) in the Messages section and by clicking on the “Public Q&A” tab. Questions may be submitted until Friday, November 14, 2025 at 4:00 PM EST. Answers will be emailed to the bidder’s email address(s) registered on PennBid. Questions and answers will also be posted to the PennBid website for all bidders to review. Only questions asked and answered using this process shall be considered addenda to the bid package.

B. No verbal or oral interpretation of plans or specifications shall be given before the award of the Contract.

Discrepancies, omissions, or doubts about the meaning of plans or specifications should be communicated by posting a question or request for interpretation on the PennBid website (https://pennbid.net) via the “Public Q&A” feature.

C. Any interpretation made under section A will be in the form of an addendum to the specifications, which will be posted on the PennBid website.

5. Bid Submission Requirements (Checklist)

Bid submissions will not be considered unless items 5.1 through 5.5 (and, if applicable, 5.6) are submitted online through PennBid (https://PennBid.net) prior to bid due date and time as stated in the Advertisement.

The Township Board of Commissioners reserves the right to waive any informalities and reject any or all proposals, or parts thereof, for any cause permitted by law, as it deems in the best interest of the Township.

The standard under which bids will be evaluated and other bid requirements and instructions to bidders are included in the bid package.

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5.1 □ Bid Security

Bids must be accompanied by bid security in the form of a certified check, bid bond, or standby bank letter of credit in the amount of ten percent (10%) of the total bid. The bid security shall be payable to the Radnor Township as payee or oblige, and shall be forfeited as liquidated damages if the bidder fails to execute the Contract in conformity with the Agreement incorporated in the Contract Documents.

If an electronic copy of the bid security is submitted, the original of items 5.1 must also be delivered by the lowest bidder and second lowest bidder to Radnor Township, Attention: Melissa Conn, Administrative Services Coordinator within three (3) business days after the bid opening (postmarked by bid due date as stated in the Advertisement).

The bid security shall be payable to the Radnor Township as payee or oblige, and shall be forfeited as liquidated damages if the bidder fails to execute the Contract in conformity with the Agreement incorporated in the Contract Documents. The successful bidder and second lowest bidder’s bid security shall be returned promptly upon Radnor Township’s receipt of the successful bidders executed contracts, bond(s) (if applicable), and other required forms and applications (if applicable).

5.2 □ Statement of Bidder’s Qualifications

Bids must be accompanied by a completed, signed, and notarized Statement of Bidder’s Qualifications, with all necessary supporting documentation.

5.3 □ Non‐Collusion Affidavit

Bids must be accompanied by a completed, signed, and notarized Non‐Collusion Affidavit.

5.4 □ Client References

Bids must be accompanied by a completed list of Client References. References should include a minimum of five municipalities, school districts, or other clients for which the bidder has delivered similar goods and/or services in the past three years.

5.5 □ Bid Price Submission

Bid prices must be submitted using the online Bid Form on PennBid (https://PennBid.net), unless otherwise stated in the Advertisement. All other forms of bid price submissions will not be accepted.

Bidders may submit price quote(s) by clicking on the “Bid” tab and providing price quote(s) in the area provided. Bids may be updated or withdrawn any time prior to bid due date and time as stated in the Advertisement.

All fuel bids are to be based upon the Oil Price Information Service (OPIS) for Philadelphia weekly (5 day) average which is published by OPIS every Monday, for each fuel type, and is comprised of prices up to and including those of the previous Thursday. The benchmark price for diesel and gasoline fuel at the time of the bid shall be based on the average price per gallon for diesel and gasoline fuel as determined by the OPIS prices for Philadelphia weekly (5 day) average published Thursday, October 30, 2025. The benchmark prices (based on the OPIS prices) are included in Appendix A.

The price differential shall be the price to be charged over and above OPIS prices for Philadelphia published Thursday, October 30, 2025.

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5.6 □ Bulletins (Addenda)

Bids must be accompanied by the Bulletins acknowledgement form if any bulletins were issued by the Township during the bidding period.

6. Insurance

Throughout the life of the Agreement, bidders shall be required to procure and maintain the insurance coverages as stated in the General Conditions. Only Certificates of insurance from A rated companies licensed to do business in the Commonwealth of Pennsylvania will be approved.

The successful Bidder shall furnish the Township with certificates of insurances, the requisite endorsements, and schedules to its insurance policies listing the Township as an “additional insured” for all required insurance, prior to the Bidder’s execution of the Agreement and the start of work.

A Thirty (30) day Notice of Cancellation must be provided to the Township and be so indicated on the Certificate for all policies.

7. Surety Bonds

The successful bidder must supply a performance bond from firm(s) qualified to issue bonds in Pennsylvania, equal to one hundred percent (100%) of the total bid for the term of the award within ten (10) days of the bid award.

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BID SECURITY

Accompanying this proposal is a certified check, bid bond, or standby bank letter of credit in the amount of ($ ), payable to RADNOR TOWNSHIP. The undersigned Bidder agrees that such bid security shall be retained as liquidated damages by the Township should the Bidder, if awarded this Contract, fail to execute this Contract in conformity with the Form of Agreement or Form of Proposal incorporated into these Contract Documents, or should the Bidder fail to furnish any specified Bonds within ten (10) business days after the Township notifies the

Bidder that it has been awarded the Contract.

Company Name:

By (Signature): (SEAL)

Type Name:

Title:

Date:

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STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information as desired.

Date of Response:

1.1 Bidder/Company Name:

1.2 Check one:

Corporation Partnership Individual Joint Venture Other:

2. Permanent main office address, phone, fax, and email:

Address

Phone # FAX#

E‐Mail

2.2 Contact Information for Bid Inquiries

Name

Title

Address

Phone # FAX#

E‐Mail

3. Name of Project:

4. Type of Work:

General Construction HVAC

Plumbing Electrical

Other:

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5. When Organized:

6. If a corporation:

6.1 Date of incorporation:

6.2 State of incorporation:

6.3 President’s name:

6.4 Vice‐president's name(s) :

7.1 How many years have you been engaged in the contracting business under your present firm or trade name?

7.2 Under what other or former names has your organization operated?

8. Contracts in progress: (schedule these, showing amount of each contract and the appropriate anticipated time of completion.)

9. General character of work performed by your company:

10. Have you ever failed to complete any work awarded to you? If so, where and why?

11. Have you ever defaulted on a contract or are you a party to any legal proceeding alleging breach of contract or warranty? If so, where and why?

12. List the more important similar projects in size and complexity completed by your company, in the past ten years, stating the approximate cost of each, and the month and year completed.

13. List your major equipment available or this contract.

14. Experience in construction work similar in scope of this project

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15. Background and experience of the principal members and employees of your organization, including officers.

16. Credit available: $

17. Bank Reference:

18. Name of Bonding Company and address of agent:

19. Attach a copy of, at a minimum, the most recent reviewed financial statement no older than December 31, 2023 (including current assets, net fixed assets, other assets, current liabilities and other liabilities).

This statement is for Township engineering staff review purposes only and will be considered confidential by staff. It will not be included in any presentation or distribution to others unless required by law.

We have attempted to answer all questions in a full and complete manner to assure that our answers are not in any respect misleading, either by expressing ourselves in a misleading or ambiguous manner or omitting information. We recognize Radnor Township will be relying on the accuracy of the information and our responses in this questionnaire in deciding whether to permit us to bid and in awarding work to our Company.

Dated at this day of , 20

Name of Company:

Completed by: (Must be an officer of the company)

Signature:

being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as to not be misleading.

Subscribed and sworn before me this day of , 20

Notary Public: My commission expires:

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NON‐COLLUSION AFFIDAVIT

Contract:

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 noncompetitive 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 noncompetitive bid.

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

I state that understands and acknowledges that the above representations are

(Name of Firm) material and important, and will be relied on by RADNOR TOWNSHIP in awarding the contract(s)/ purchase order(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the RADNOR TOWNSHIP of the true facts relating to the submission of this bid.

SWORN TO AND SUBSCRIBED BEFORE ME

THIS _DAY OF _, (Signature)

(Signature of Notary Public) (Signatory's Name)

My Commission Expires (Signatory's Title)

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CLIENT REFERENCES

Please list the names, addresses, and telephone numbers, along with a person to contact of a minimum of five municipalities, school districts, or other clients for which you have delivered similar goods and/or services in the past three years. Thank you.

Company Name: Date:

1.

2.

3.

4.

5.

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BULLETINS

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

Company Name: Date:

Bulletin Number Issuing Date

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GENERAL CONDITIONS

ARTICLE I. DEFINITIONS

Wherever used in these Contract Documents or Specifications, the following terms shall have the meanings indicated and shall be applicable to both the singular and the plural thereof:

A. Agreement

The written Form of Agreement between the Township and the Contractor covering the goods and/or services to be purchased.

B. Bid Form

The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other conditions for the goods and/or services to be furnished.

C. Bidder

Any individual, proprietorship, partnership, or corporation submitting a Bid.

D. Security

Bid Bond, Performance Bond, Labor & Materials Bond, Payment Bond, Certified Check, and other instruments of security, furnished by the Bidder and its surety in accordance with the Contract Documents.

E. Contract Documents

The Contract Documents shall consist of the Advertisement for Bids; the Bid Bond and other forms of Security;

Instructions to Bidders; Bid Form; signed Forms of Agreement; General and Special Conditions; Drawings;

Warranties; and Detailed Specifications, including all modifications thereof, incorporated in any of the documents before the execution of the Agreement.

F. Contract Time

The number of calendar days stated in the Agreement and/or Detailed Specifications for the completion of the specified project.

G. Contractor

The individual, proprietorship, partnership, or corporation with which the Township has executed the Agreement.

H. Modification

Any written amendment of any of the Contract Documents duly executed and delivered after the original execution of the Agreement.

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I. Notice

Written notice shall be deemed to have been duly served if delivered in person to the Bidder or Contractor, or to an authorized representative of the Bidder or Contractor, or if sent to or delivered at, by registered mail, the last business address known to the Township.

J. Township

The Township shall be understood to be the Township of Radnor, a Home Rule Municipality in Delaware County, the Commonwealth of Pennsylvania.

ARTICLE II. AWARD, EXECUTION OF AGREEMENT, AND DELIVERY OF BONDS

A. Awarding of Bid

1. The awarding of a Bid, if it is awarded, will be made by the Township Board of Commissioners to the lowest responsible Bidder whose qualifications indicate that the award will be in the best interest of the Township and whose proposal complies with all the prescribed requirements. Radnor Township reserves the right to reject the Bid of any Bidder who has previously failed to perform properly, or to complete on time, contracts of a similar nature; who is not in a position to perform the contract; who is/was party to any legal proceeding alleging breach of contract or warranty in the last five (5) years; who has defaulted in the performance of any contract or agreement in the past five (5) years; or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to subcontractors, material suppliers, or employees. In determining the lowest responsible bidder, the following elements, in addition to those mentioned, will be considered: Whether the Bidder involved (1) maintains a permanent place of business; (2) has adequate equipment available to do the work properly and expeditiously; (3) has suitable financial resources to meet the obligations incident to the work; and (4) has appropriate technical experience. RADNOR TOWNSHIP reserves the right to consider as unqualified to perform the work of general construction any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract.

2. No award will be made until the Township has concluded such investigations as it deems necessary to establish the responsibilities, qualifications, and financial ability of the Bidder to complete the project in accordance with the Contract Documents to the satisfaction of the Township within the time prescribed.

3. The Township reserves the right to reject the bid of any Bidder that does not pass such investigation to the Township's satisfaction.

4. The Township reserves the right to reject any or all bids or parts thereof and to waive any informality in bids received when such is in the best interest of the Township; the Township also reserves the right to reject the bid of any Bidder who in the opinion of the Township is not in a position to satisfactorily or legally perform the Contract.

5. In analyzing Bids, the Township may take into consideration alternates and unit prices, if requested by the Bid Form.

6. The Contract will be awarded or rejected by a majority vote of the Township Board of Commissioners generally at a subsequent public meeting following the opening of bids. If the Contract is awarded, the Township will generally provide the Successful Bidder written notice of the award within sixty (60) days after the opening of the bids.

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B. Execution of Form of Agreement

1. At least two counterparts of the Agreement and such other Contract Documents as practicable shall be signed by both the Township and the Contractor, with at least one counterpart being returned to the Township within the time specified.

C. Delivery of Performance Security

1. Unless otherwise specified in the Instructions to Bidders or elsewhere herein, the Contractor shall deliver to the Township a Performance Bond and other security specified in the Instructions to Bidders, including but not limited to a Labor and Materials Bond, a Maintenance Bond, and a Payment Bond.

2. Unless otherwise specified, the Performance Bond shall be in the amount of one hundred percent (100%) of the contract amount, as determined by the Township.

3. All Bonds must be issued by a company licensed to business in Pennsylvania and must be executed by a corporate surety satisfactory to the Township. A Power of Attorney and the corporate surety's latest statement of assets and liabilities must accompany the Bond. A form of the Performance Bond is made part of the bid package.

4. There shall be no substitute for a Performance Bond described herein unless as otherwise explicitly permitted.

D. Failure of the successful Bidder to execute and deliver to the Township the Contract Documents and any required Performance Security within ten (10) days (or a longer period that may be designated in the Instructions to Bidders) after receiving notice of the award shall constitute just cause for the Township to annul the award and declare the Bid and any guarantee thereof forfeited.

E. The Bid Security of all Bidders that do not submit the two lowest Bids will be returned by the Township approximately one week after the Bid has been awarded.

F. The Bid Security of the two lowest Bidders will be returned by the Township upon the execution and delivery of the Agreement and required Security by the Contractor.

ARTICLE III. REQUIREMENTS FOR SIGNING BIDS

A. Each Bid shall provide the full business address of the Bidder.

B. Bids by partnerships shall furnish the full name of at least one partner.

C. Bids by corporations shall furnish with the legal name of the Corporation followed by the name of the state of incorporation and the legal name of the president, secretary, or other member of the corporation authorized to bind it with the impression of the corporate seal. Satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished upon request by the Township.

ARTICLE IV. CERTIFIED STATEMENTS

Bidders may be required to submit sworn statements attesting to their financial responsibility, technical qualifications, previous experience, available equipment, performance record, or other pertinent data designed to indicate to the Township the Bidder's ability to successfully and competently execute this Contract.

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ARTICLE V. CHANGES WHILE BIDDING

In the bidding period before opening bids, the Township may furnish Bidders with bulletins requiring modifications to the Contract specifications or to other Contract Documents. Such changes shall be included in the work covered by the proposal and shall become a part of the Contract Documents.

ARTICLE VI. WITHDRAWAL OF BIDS

A. Any Bidder may withdraw its bid at any time before the scheduled time for the receipt and opening of such bids.

B. No bid may be withdrawn for at least sixty (60) days, or in accordance with other time provisions in the Contract Documents, after the time of opening of the bids.

C. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of that bid after it has been opened.

ARTICLE VII. SUPPLEMENTAL UNIT

A. Contracts may be either on a lump sum basis, unit price basis, or other basis as provided in the Bid Form.

B. Supplemental prices are generally inserted to provide for any changes in work or extra or less work that may be required by the Township. Space will have been provided in the Bid Form to insert unit prices for the addition and deduction of various types of classes of goods and/or services.

C. Should these prices not be consistent with the whole of the work, the Township reserves the right to require the Contractor to revise these prices to bring them into agreement with the prices outlined for the major portion of the work.

D. The unit prices for additional work should be consistent with the detailed prices submitted by the Contractor for payment, and those for deduction of work should also be similar except that the amount of overhead should be deducted.

E. Each Bidder shall indicate a unit price on the Bid Form when any item of that type is included in the work.

ARTICLE VIII. VERBAL STATEMENTS

A. No verbal or oral interpretation of plans or specifications shall be given before the award of the Contract.

Discrepancies, omissions, or doubts about the meaning of plans or specifications should be communicated by posting a question or request for interpretation on the PennBid website (https://PennBid.net) in writing to the Township Manager for clarification.

B. Any interpretation made under section A will be in the form of an addendum to the specifications, which will be posted on the PennBid website.

ARTICLE IX. TIME OF DELIVERY

The Contractor shall begin the work or furnish the goods under this Contract within the number of days as instructed in the Instructions to Bidders or Detailed Specifications.

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ARTICLE X. BIDS OR PROPOSALS

A. All bids must be indicated upon the Bid Form.

B. All bids must be addressed and submitted as instructed in the Instructions to Bidders.

C. Any Bidder that does not wish to bid on a specific option or alternate listed on the Bid Form shall insert a “0” (zero) in the unit price field. The reason for a no bid should be specified in the comment section.

D. A Bidder desiring to bid on an alternate (where alternates are requested or permitted by the Township) shall insert on the Bid Form the amount to be added to or deducted from the base bid.

E. If an alternate price called for does not involve a change in price, the bidder shall so indicate by inserting a “0” (zero) in the space provided on the Bid Form.

F. If the Township decides to use an alternate type of good and/or service, and the cost of such a type or method proposed by a Bidder is lower than that chosen, such action shall not constitute the basis of a claim by the Bidder that the contract should be awarded to it.

G. Bids containing any conditions, omissions, unexplained erasures, alterations or items not called for in the Contract Documents, or irregularities of any kind may be rejected by the Township.

ARTICLE XI. BID SECURITY

A. Unless otherwise specified in the Instructions to Bidders, Bid Security in the amount of no less than ten percent of the Bidder's net bid price shall be submitted to the Township before the scheduled time of opening of such bids.

B. Such Security shall be in the form of a Certified Check, a Bid Bond executed by a company licensed to do business in Pennsylvania and by corporate surety satisfactory to the Township, or an Irrevocable Standby Letter of Credit issued by a banking institution acceptable to the Township. No other security form is acceptable. A Power of Attorney and the corporate surety's latest statement of assets and liabilities must accompany a Bid Bond.

ARTICLE XII. BIDDER RESPONSIBILITIES

A. Each Bidder is required to become familiar with all Contract Documents, such as the Instructions to Bidders, General Conditions, Special Conditions, Drawings, Maps, Detailed Specifications, and the forms for the required Security. The Form of Agreement, Performance and other Bonds, and other forms will be sent to the Contractor awarded the Bid.

B. The Bidder shall be responsible for fully complying therewith.

C. Where applicable, the Bidder shall visit the worksite and become thoroughly acquainted with the working conditions under which the work must be performed or under which goods must be used. The Contractor shall not at any time claim a misunderstanding of the nature of the work, the goods to be used, or the working conditions to be encountered.

D. Collusive Bidding

1. The Proposal of any Bidder that engages in collusive bidding shall be rejected.

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2. Any Bidder that submits more than one proposal in such a manner as to make it appear that one of the proposals submitted is competitive with that of a different Bidder, or any two or more Bidders that agree to fix their respective bids in such a manner as to be awarded the bid shall be considered collusive.

E. Ethical Practices of Bidders

1. The Proposal of any Bidder that engages in unethical or illegal practices shall be rejected, and such Bidder shall be subject to any applicable legal action.

2. Any Bidder that attempts to influence a Township official to award the Bid to such bidder's company by promising to provide or by providing to such official any gratuity, entertainment, commission, or any other gift, in exchange for a promise to award the Bid to such Bidder's company, shall be considered unethical.

3. Any Bidder that knows of any Township official having a direct or indirect financial interest in such Bidder's company shall be required to submit with the Bid Form a written statement detailing such interest. Failure to do this shall be considered unethical.

ARTICLE XIII. DESCRIPTIVE LITERATURE

A. Bid proposals for the furnishing of equipment shall be accompanied by the manufacturer's descriptive literature, including technical data and equipment specifications.

B. Additional information or specific literature requirements may be detailed in the Bid Form or Detailed Specifications. All such material shall be clearly marked to the Township to distinguish the type, size, and all other relevant features of the particular item the Bidder proposes to furnish.

C. Bid proposals submitted without the required material may be rejected by the Township.

ARTICLE XIV. PAYMENT

A. The Township will pay the Contractor for goods and/or services provided under this Contract in accordance with the conditions set forth in the Form of Agreement and in conformance with these Contract Documents.

B. Unless otherwise specified, the Township will provide full payment to the Contractor after Final Acceptance and generally within thirty days after subsequent receipt of invoice.

ARTICLE XV. FINAL ACCEPTANCE

A. The Township's final payment to the Contractor may be subject to final acceptance of the goods and/or services furnished.

B. As such, the Township reserves the right to test and examine, as it deems in its best interest, such furnished goods and/or services. Such testings will generally not exceed fifteen days. The exclusive intent of this testing option is to establish the degree of compliance with the Contract Documents.

C. If such testing shows noncompliance with the Contract Documents, the Township may hold the Contractor liable for the portion of the goods and/or services not in compliance. As such, the Township shall have the ability to sue the Contractor to force compliance or to force the Contractor to remit any monies theretofore paid to it by the Township. The Contractor shall also reclaim any rejected goods and/or services at its own expense.

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ARTICLE XVI. TAXES

A. As a political subdivision of the Commonwealth of Pennsylvania, the Township is not subject to certain federal, state, and local taxes (EID #23‐6000200). As such, Bidders shall exclude such taxes in their bid prices, unless otherwise indicated in the Contract Documents.

B. The Township will furnish the necessary tax exemption certificates when required by the Contractor.

C. Business Privilege Tax. This project is subject to the Radnor Township Business Privilege Tax. The successful bidder is required to obtain a Business License (different from the Contractor Registration) and to submit a Business Privilege Tax Return, by a certain date to be indicated later, based on gross receipts associated with this project during the calendar year and estimated for the subsequent year.

ARTICLE XVII. INSURANCE

A. The Contractor shall be required to procure and maintain the insurance coverages shown below unless otherwise specified in the Instructions to Bidders with the Township named as an “Additional Insured.” Only certificates of insurance from A rated companies acceptable to the Township will be approved.

1. Workers' Compensation Insurance. The Contractor and its subcontractors shall provide certification of maintenance of Workers’ Compensation Insurance during the life of this Contract. for the Contractor's and the subcontractor's employees in accordance with statutory requirements of the Commonwealth of Pennsylvania.

2. Public and Professional Liability Insurance. The Contractor and subcontractors must maintain during the life of this Contract Public Liability Insurance to protect the Contractor, its subcontractors, and the Township from injury or damage caused directly or indirectly by the Contractor, its subcontractors, or either of their employees in a minimum of the following limits:

• Comprehensive liability, including products/completed operations/broad contractual, and property damage: each occurrence, $1,000,000;

• Personal injury: each person, $100,000; per occurrence $1,000,000.

3. Vehicular Insurance. The Contractor must maintain during the life of this Contract liability insurance for all vehicles (owned, non‐owned, and hired) operating in conjunction with this Contract in a minimum of the following limits:

• Bodily injury: each person, $100,000; per occurrence $1,000,000;

• Property damage: each occurrence, $1,000,000.

B. The Contractor must furnish proof of such insurance coverage if specified in the Instructions to Bidders.

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ARTICLE XVIII. INDEMNIFICATION

A. Unless otherwise specified in these Contract Documents, the Contractor shall indemnify, defend, and save harmless the Township, its officers and employees from all suits, actions, damages, and cost of every name, nature, and description brought against or assessed against them or any of them for or because of any property damages or personal injuries sustained by any person, firm, or corporation through the Contractor or its agents, servants, or employees in the performance of or subsequent to the delivery of the goods or services under this Contract whether such injury or damages are the result of negligence or the inherent nature of the goods or services; and for and from any claim or claims, suits or suits for damages by reason of any infringement or use of any patented apparatus, appliance, or process, any patent, trademark, or copyright, in the execution of this Contract, and shall and will at its own cost and expense defend the Township in any action or actions that may be instituted by reason thereof.

B. It is not the intention of this section or of anything herein provided to confer a third‐party beneficiary right of action upon any person whatsoever, and nothing herein set forth shall be construed so as to confer upon any person other than the Township of Radnor a right of action either under this Contract or in any manner whatsoever.

ARTICLE XIX. STATUTORY GUARANTEES

A. Unless otherwise specified herein, any steel products used in performing this Contract must be produced in accordance with the Pennsylvania Steel Products Procurement Act, the Act of March 3, 1978 (P.L. 6, No. 3), as amended. The Contractor shall include these requirements in all agreements with subcontractors.

B. Unless otherwise specified herein, if any of the goods covered by this Contract are subject to the Wool Products Labeling Act, the Fur Products Labeling Act, the Textile Fiber Products Identification Act, the Flammable Fabrics Act, or any applicable state or federal law, the Contractor shall provide in writing with the Bid Form the separate guarantees provided for under such acts, or shall provide an appropriate statement that a continuing guarantee has been filed in accordance with such acts and applicable rules and regulations of the Federal Trade Commission.

ARTICLE XX. NONDISCRIMINATION

A. No Bidder or Contractor shall discriminate, with respect to any condition of employment or fringe benefit, against any employee, applicant for employment, independent sub‐contractor or any other person because of race, color, religious creed, ancestry, national origin, gender, age, veteran or marital status, sexual orientation, political affiliation, or a disability that, with or without reasonable accommodations, does not affect the person's ability to perform the essential functions of the job.

B. Any reasonable accommodation that a Bidder or Contractor may have to make to one of its employees, in order to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 Note), shall be at such Bidder's or Contractor's own expense. Any such accommodation that may require either a material modification to any property owned by the Township or otherwise require Township assistance or cooperation shall be disclosed to the Township in a separate statement included in such Bidder's bid submission.

C. In order for the Township to comply with certain federal and state grant requirements, Bidders, if a majority of its ownership is composed of women or racial or ethnic minorities, shall submit with their Bid Form a statement certifying such.

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D. Any Bidder or Contractor, who has been convicted of violating federal, state, or local laws governing discrimination described in Article XX, Section A, shall disclose such in a separate statement with its bid submission. If any such Bidder or Contractor shall fail to disclose such conviction, the Township shall have just cause to return such Bidder's Bid, or if the Bid has been awarded, to annul the award and declare the Bid and any Security submitted thereof forfeited.

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DETAILED SPECIFICATIONS

1. Scope of Work

The following specifications are intended to describe the fuel needs for use by the Township for 12 months (between January 1, 2026 and December 31, 2026). The items included in this specification include Gasoline and Diesel Fuel.

2. General Requirements

2.1 Contract Type

The Contract will be a “Requirements” type with the Township requirements to be satisfied on an “As needed and order” basis.

2.2 Prices To Be Firm

The bidder warrants that prices, terms and conditions quoted in this bid will be firm for the acceptance for 60 calendar days after the bid opening unless otherwise stated by the Township or the bidder.

2.3 Contract Term

The term of this contract shall be from January 1, 2026 and December 31, 2026.

2.4 Price Fluctuation Clause

All fuel bids are to be based upon the Oil Price Information Service (OPIS) for Philadelphia weekly (5 day) average which is published by OPIS every Monday, for each fuel type, and is comprised of prices up to and including those of the previous Thursday. The benchmark price for diesel and gasoline fuel at the time of the bid shall be based on the average price per gallon for diesel and gasoline fuel as determined by the OPIS prices for Philadelphia weekly (5 day) average published Thursday, October 30, 2025. The benchmark prices (based on the OPIS prices) are included in Appendix A.

The final price will be the sum of the OPIS weekly posted price plus the “price differential”, stated in the Bid Form herein, for each fuel and delivery size, and will be held constant for deliveries made from the Tuesday after the Monday of publication, until the following Monday.

If the weekly publication is not available on any given Monday, OPIS does make it available on the next day.

It shall be the bidder’s responsibility to notify Radnor Township in writing of any increase or decrease in price. This notification shall show the contract number, old and new posting reference price, increase or decrease and the old and new contract price. Copies of the OPIS shall be furnished upon request to Radnor Township. Any additional price increases requested in the cost of doing business will not be considered. No payments will be processed without said documentation.

2.5 Tax Free

Preference shall be given to a bidder who, as a wholesaler or refiner, agrees to allow the Township to purchase gasoline and diesel fuel on a tax‐free basis.

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3. Technical Specifications

All Gasoline and Diesel fuel to be furnished shall meet or exceed the following minimum specification:

3.1 Gasoline

• 87 Octane Unleaded Regular Branded Ethanol Gasoline

• This fuel shall meet all Federal and State regulations in effect concerning unleaded gasoline, its ethanol content, and be in conformance with industry standards.

• BIDS BASED ON UNBRANDED GASOLINE PRICES WILL NOT BE ACCEPTED BY RADNOR TOWNSHIP

• Tank Size (gallons): 8,000

• Est. Gallons used per year: 74,000

3.2 Diesel Fuel

• 100% Ultra Low Sulfur Diesel Fuel (March ‐ November)

• 70% Ultra Low Sulfur, 30% Kerosene or Equivalent (December ‐ February)

• As per latest revision of ASTM D‐975

• Winterized blend when a winterized blend (with kerosene) product is delivered, and it is for instance, a 70/30 mix with kerosene, then the price will be 70% of the diesel price, 30% of the posted price for kerosene, plus the delivery charge (same as the non‐blended product), plus the additional cost of the winterizing additive.

• Tank Size (gallons): 8,000

• Est. Gallons used per year: 53,000

4. Delivery Specifications

The delivery of gasoline and diesel fuels will be provided on an automatic delivery every two weeks. The fuel can only be dropped by gravity. No pressurized deliveries. Additional deliveries might be required in case of forecasted weather emergency.

The delivery location for all above products will be:

Radnor Township Public Works Facility 235 East Lancaster Avenue Wayne, PA 19087

‐ END OF DETAILED SPECIFICATIONS ‐

‐ Page 1 of 3 ‐

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AGREEMENT

TOWNSHIP OF RADNOR

DELAWARE COUNTY, PENNSYLVANIA

THIS AGREEMENT is made this day , by and between

(hereinafter "Contractor") of , (Name of Company) (Address of Company) and the TOWNSHIP OF RADNOR, a Home Rule Municipality in Delaware County, the Commonwealth of Pennsylvania (hereinafter "Township").

follows:

WITNESSETH, that the Contractor and the Township, for the consideration named herein, agree as

ARTICLE I. SCOPE OF WORK

The Contractor shall furnish the following goods and/or services, at the prices, and for the period, all as indicated on the Detailed Specifications included in the bid package for the PURCHASE OF GASOLINE AND DIESEL FUEL (CONTRACT #B-25-008). All items and/or services furnished shall be in complete conformance with all the Contract Documents (as defined in the Instruction to Bidders and as set forth below) except for such deviations as may be incorporated in writing with the Agreement of the Township.

ARTICLE II. CONTRACT SUM

A. The Township shall pay the Contractor for the performance of the Contract, subject to the additions and deductions provided herein or attached hereto, as follows: The prices of those goods/services that the Township agrees to purchase, indicated on the Form of Proposal, as follows: _($ ).

B. The Township approves bills at public meetings on the second and fourth Mondays each month

September through May and on the third Monday each month June through August. Contractor’s invoices shall be submitted to the Township no later than the end of the first week of each month. Bills shall generally be payable thirty (30) days after Township receipt and approval.

C. The Township will make progress payments on account of the contract price on the basis of

Contractor’s applications for payment. Progress payments will be made upon application in such amounts as are approved by the Township.

ARTICLE III. INSURANCE

Contractor shall provide the Township with a Certificate of Liability Insurance in accordance with the Instructions to Bidders, specifically, naming Radnor Township and elected and appointed officials as additional insureds prior to commencing work and shall maintain such liability insurance for the term of this contract.

‐ Page 2 of 3 ‐

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ARTICLE IV. INDEPENDENT CONTRACTOR; COMPLIANCE

A. Contractor’s status under this Agreement is that of an independent contractor. Contractor shall not be deemed an employee of Radnor Township for any purpose whatsoever.

B. Contractor shall comply with all applicable laws, ordinances and codes of Radnor Township, the

Commonwealth of Pennsylvania, and the Federal Government.

ARTICLE V. WAIVER OF MECHANICS’ LIENS

Upon award of a successful bid (Contractor shall submit to the Township a list of all subcontractors proposed to be retained and shall update its list of subcontractors through completion of the project. Contractor shall submit to the Township a waiver of mechanics liens signed by the Contractor. Contractor’s Payment Bond is the sole remedy for unpaid subcontractors

ARTICLE V. HOLD HARMLESS

Contractor releases the Township from any claims of any nature, including but not limited to damage or injury to itself and/or its property arising from the performance of its obligations under the terms of this Agreement, whether on township property or elsewhere, and agrees to indemnify and hold Township harmless from any claims, demands, causes of action, losses, damages, liabilities and costs (including reasonable attorneys fees), arising from Contractor’s performance of its obligations under the terms of this Agreement.

ARTICLE VI. ARBITRATION

All disputes with respect to this Agreement shall be determined by common law arbitration or such other arbitration procedures as the parties may agree upon.

ARTICLE VII. COMPONENT PARTS OF THIS AGREEMENT

The following documents are incorporated into this Agreement, though not attached, as if set forth in their entirety: Notice to Bidders, Instructions to Bidders, Detailed Specifications, General and Specific Conditions, if any, Form of Proposal, Bid Security, Performance Bond, Maintenance Bond, Payment Bond and this Agreement.

ARTICLE VIII. BINDING TERMS

This Agreement and all the terms, covenants, and conditions set forth and contained herein shall be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and assigns.

ARTICLE IX. CERTIFICATION OF NONDISCRIMINATION

The Contractor certifies that (1) it is an equal opportunity employer; (2) it forbids sexual harassment in its workplace; and (3) no conditions of employment and benefits to employees are based upon an individual's race, color, gender, religion, creed, ancestry, national origin, age, veterans or marital status, sexual orientation, union membership, or non‐job‐related disability ‐‐ in compliance with the Americans with Disabilities Act. The Contractor further certifies that it will not engage the services of any subcontractor which it knows does not comply with such practices.

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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two original counterparts the day and year first written above.

CONTRACTOR

By: (SEAL)

Type/Print Name:

(President, Partner, Owner)

Attest:

(Secretary, Other)

TOWNSHIP OF RADNOR

By: (SEAL)

William M. White Township Manager and Township Secretary

‐ Page 3 of 3 ‐

PURCHASE OF GASOLINE AND DIESEL FUEL Page 27

PERFORMANCE BOND

(With Corporate Surety)

KNOW ALL MEN BY THESE PRESENTS, That we, of

(Name of Company)

, as Principal and (Address of Company) (Surety Company) a corporation incorporated under the laws of the State of

(Name of State) as Surety are held and firmly bound unto Radnor Township, in the full and just sum of ($ ) dollars, lawful money to the United States of America, to be paid to the above municipality or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into CONTRACT #B-25-008 for the PURCHASE OF

GASOLINE AND DIESEL FUEL with the above Municipality, bearing even date herewith, for the undertaking of certain obligations as therein set forth.

NOW, THEREFORE, the condition of this obligation is such that if the above bounden Principal, as

Contractor, shall in all respects comply with and faithfully perform the terms and conditions of said Contract, including the Specifications and conditions referred to and made a part thereof, and such alterations as may be made in said Specifications as therein provided, and shall well and truly, and in a manner satisfactory to the Municipality, fulfill all obligations as therein set forth, then this Obligation shall be void, but otherwise, the same shall be and remain in full force, virtue and effect.

It is further provided that any alteration which may be made in the terms of the contractor or its specifications with the express approval of the Municipality or the Principal…