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                                                                                      CONTRACT NO: CP-111919

INVITATION FOR BIDS

TO PROVIDE ALL LABOR, TOOLS AND MATERIAL NECESSARY FOR VECTOR SERVICES AT GOVERNMENT CENTER BUILDING/COURHOUSE COMPLEX AND OTHER COUNTY-OWNED BUILDINGS FOR A TERM OF THREE (3) YEARS, COUNTY OF DELAWARE The undersigned Delaware County Council will receive written Proposals at the office of Central Purchasing, Delaware County Government Center, Courthouse Complex, Media, PA 19063, Room #228, until 4:00 PM local time, on Tuesday, December 10, 2019. Bids will be opened by the Bid Opening Committee Board at 9:30 AM local time on Wednesday, December 11, 2019 in the County Council Room #100.

Each bid must be submitted on the attached Form of Proposal and must be accompanied by CASH, CORPORATE BID BOND, CERTIFIED GOOD FAITH CHECK, CASHIER’S CHECK, OR TREASURER’S CHECK, in the amount of Ten Percent (10%) of the total amount of the bid drawn to the order of the County of Delaware (County). The proceeds thereof will be retained by the County as liquidated damages if the Successful Bidder shall fail to execute the Contract and Bond as set forth in the attached Proposal, Specifications, General Conditions, and Special General Conditions. NOTE: A BIDDER’S PERSONAL OR NON-CERTIFIED CORPORATE CHECK IS NOT ACCEPTABLE AS FORM OF BID SECURITY. BID SECURITY MUST BE INCLUDED IN A SEPARATE, SEALED ENVELOPE MARKED BID SECURITY AND SUBMITTED WITH THE REQUIRED BID DOCUMENTS.

Failure to accompany this bid with appropriate bid security described above will automatically disqualify bidder.

As this Invitation, attached Proposal, Specifications, General Conditions, and Special General Conditions refer to each other and constitute a whole, they must be returned BOUND TOGETHER as delivered to the bidder, otherwise the bid may be rejected. All bids must be sealed and addressed to: Central Purchasing Department Delaware County Government Center Courthouse Complex Media, PA 19063 Envelopes must be labeled: BID FOR: CP-111919 VECTOR SERVICES The Delaware County Council reserves the right to reject any and all bids or parts thereof and to determine whether the quality and type of equipment and/or service to be furnished meet the requirements for which it is intended. They further reserve the right to insist or waive any technicalities required for the best interest of the County and to consider competency and responsibility of the bidder before the award of the contract and award bids accordingly. John P. McBlain Colleen P. Morrone Michael F. Culp

Kevin M. Madden Brian P. Zidek

DELAWARE COUNTY COUNCIL PLEASE NOTE: THE ENTIRE BID PACKAGE MUST BE RETURNED ON THE DUE DATE. FAILURE TO

DO SO COULD RESULT IN THE BID BEING DISQUALIFIED

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_______________________________________ _______________________________________ _______________________________________ _______________________________________ Bidder’s Name, Address & Phone Number Note to Bidder: _______________________________________ Insert Name of Bonding Company and Insurance Carrier ________________________________ Execution date of Contract (Vendor-Do Not Fill In) __________________________________________ (if offered, please list here) Note to All Bidders: Please fill out Name, Department, and Phone Number of the Contact Person Responsible for Bid: ____________________________________________________________________________________ ____________________________________________________________________________________ SPECIAL NOTICE 1. Prospective bidders must provide the full name of insurance carrier. 2. The insurance requirements are a critical portion of these specifications, and must be completely

satisfied. No exceptions will be made. 3. The Delaware County Council reserves the right to reject any or all bids or parts thereof. They also

reserve the right to award the Contract in such a manner deemed to be in the best interest of the County. However, Bidder must bid all parts of an item to be considered.

4. No sub-contactors allowed. 5. This is a more or less contract. 6. When the Contract has no specific amount to be purchased the Bid Bond is to be in the amount of

$ ; Awarded Vendor must obtain a Performance Bond in the amount of ten times (10x) the amount of the Bid Bond.

7. The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104, (“RTKL”) applies to this Agreement. Therefore, this Agreement is subject to, and the CONTRACTOR shall comply with the two page attachment entitled “Agreement Provisions-Right-to-Know Law”, which is included as an integral part of this Agreement, labeled Exhibit “A” and incorporated herein as though fully set forth.

 

 

 

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PROPOSAL

Delaware County Council Delaware County Government Center Court House Complex Media, Pennsylvania 19063 Gentlemen: We the undersigned do hereby offer to furnish all Labor, and Materials necessary for Vector Services located at Government Center Bldg., Court House Complex and other designated locations, also Fair Acres Center all conforming to the attached General Conditions and Specifications: VECTOR SERVICES Total cost per year for all services must be clearly indicated on Items below: Item Description Yearly Cost No. VECTOR SERVICES 1. MEDIA COMPLEX:

a) Government Center Bldg. – Entire Bldg.

b) Court House – Entire Bldg.

c) Fronefield Bldg. – Entire Bldg.

d) Toal Bldg. – Entire Bldg.

e) Sweney Bldg. – Entire Bldg.

f) Curran Bldg. – Entire Bldg. $ ___________

2. 151 W. 5th St. – Entire Bldg.

Chester, PA 19013 $____________ 3. Voting Machines

403 E. 24th St. – Entire Bldg. Chester, PA 19013 $____________

4. Juvenile Detention (Entire Bldg.)

370 N. Middletown Road Lima, PA 19037 $____________

5. Watkins Bldg. (Entire Bldg.)

360 N. Middletown Road Lima, PA 19037 $ ____________

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6. Fair Acres Building # 19 (Entire Bldg.) 340 N. Middletown Road Lima, PA 19037 $___________

7. Records Storage Barn (Entire Barn) George Hill Correctional Facility 550 Cheyney Rd.

Thornton, PA 19373 $___________ 8. Pigeon/Bird Control- Entire Media Complex

a) Court House $___________

b) Toal Building $___________

9. Termite Control Treat areas as needed:

Provide Price Per Linear Foot: $___________

Total for approx. 100 Linear Feet: $___________

TOTAL OF ALL ITEMS $___________ Fixed hourly rate for incidents for all Buildings not included as per Vector Service Contract must be clearly indicated below: Monday-Friday 8:00 am - 4:00 pm $___________ per hour 4:00 pm - 12:00 am $___________ per hour 12:00 am - 8:00 am $___________ per hour Saturday- Sunday And holidays 8:00 am - 4:00 pm $___________ per hour 4:00 pm - 12:00 am $___________ per hour 12:00 am - 8:00 am $___________ per hour NOTE: Before submitting bid, Vendor should contact Anne Winterbottom, Housekeeping Supervisor of County Facilities Management for a tour of buildings, any questions on bid to Anne Winterbottom, at (610) 891-4063. MATERIAL SAFETY DATA SHEETS (MSDS) MUST BE SUBMITTED WHERE REQUIRED FORRESPECTIVE PRODUCTS BY SUCCESSFUL BIDDER PRIOR TO CONTRACT EXECUTION.

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If this bid is accepted, we agree to execute the attached Form of Contract within FIFTEEN (15) DAYS after receiving notice of the award of contract. It is also understood that this bid may not be withdrawn for a period of sixty (60) days after the opening thereof. We, who have signed this Proposal Page have read and agree to comply with all parts of the Invitation, Proposal, Bid Forms, Specifications, and General Conditions of this Bid. Respectfully submitted, ___________________________________

Signature ___________________________________

Name ___________________________________ Title ATTEST: _______________________ Secretary or Assistant Secretary

______________________________

______________________________ Address of Bidder

This Proposal page must have two (2) signatures and, if the Bidder is a Corporation, the CORPORATE SEAL MUST BE AFFIXED WHEN SUBMITTING BIDS. If the Bidder is a Partnership, the names of all partners of the firm, as well as the trading name, shall be set forth. If the bidder is a Corporation, this bid must be executed by the President or Vice-President and attested to by the Secretary or Assistant Secretary with the Corporate Seal annexed. If any person other than the above-mentioned officers sign the Proposal, then authorization permitting said person to sign Bids and documents must accompany said Contracts. Only one signature is required if the company is a Sole Proprietorship, however, this must be stated under the signature.

 

 

 

 

 

 

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GENERAL CONDITIONS

1. The Successful Bidder must agree to execute a Form of Bond with such Surety to be approved by the Delaware County Council in the amount of One Hundred Percent (100 %) of the total amount of the Contract, conditioned on the faithful performance of all the terms and conditions of the contract. No verbal instructions or information will be binding. The Specifications will be considered as clear and complete unless attention is called to any discrepancies or incompleteness thereof, before the opening of the bid. Should any change in Specifications be required, they will be issued to all bidders in the form of Addendum/Addenda to the original bid.

2. If the successful bidder fails to execute a Contract and Bond as set forth in these General Conditions,

deposit will be forfeited as liquidated damages.

3. It is understood that parties making bids accept all the terms and conditions contained and expressed in the Specifications, General Conditions and Special General Conditions hereto attached.

4. Bids will be considered as conclusive evidence of complete examination of Specifications.

5. The County is exempt from Federal Tax and Pennsylvania Sales Tax, as a political subdivision. The

County Council agrees that they will execute the necessary Form of Tax Certificate when presented to them by the Successful Bidder.

6. Each bidder, when submitting his bid must deduct the Manufacturer’s Excise Tax, if any, which the

County, as a political sub-division is also exempt from paying.

7. Any exceptions taken to the Specifications of this bid must be in writing, listed on a separate page and attached firmly to the bid.

8. Any pertinent question/s concerning this contract should be directed to Anne Winterbottom, Housekeeping

Supervisor of County Facilities Management, (610) 891-4063.

9. All bidders must be prepared to present suitable evidence of their financial standing and their ability to supply the service as indicated on the Specifications, in accordance with these General Conditions.

10. This Contract shall be effective for three (3) years from the date of execution.

11. Material safety data sheets (msds) must be submitted where required for respective products by successful

bidder prior to contract execution.

12. Failure to comply with terms and conditions will result in cancellation of contract.

13. Vendor agrees to hold harmless the County of Delaware in any law suit which he may become involved in due to technical defects or errors on his part. Vendor shall also give his assurance that all personnel performing service shall be fully trained in the application of pesticides.

14. The successful vendor shall submit prior to bid opening a list of chemicals to be used.

15. Chemicals to be used in extermination are not permitted to be stored on this complex.

16. The Successful vendor shall also supply to the facility a “weekly report” describing work performance and

any recommendations the company has.

17. The successful vendor shall supply all labor and material to perform pest control services in accordance with Specifications attached.

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18. The successful vendor shall give has assurance that the chemicals to be used meet all state, federal, county and local health codes and are in conformance with the environmental protection agency. In food service areas, the chemicals must all conform to F.D.A. and U.S.D.A. standards. No fogging applications permitted, without specific approval from Mr. Joseph DeVuono, Director of County Facilities Management.

19. The successful vendor will have an emergency phone number available to County of Delaware for after

hours and weekend calls.

20. The successful vendor shall sign in at a location to be designated by the County Facilities Management Director on each visit. This sign-in sheet will have the service technicians’ name, title, location to be serviced, and the time of arrival and departure.

21. Any incidents not included in the above shall be completed at a fixed hourly rate listed on bid sheet.

22. The service is to include inspection and treatment of ants, roaches, silver fish, mice, rats, fleas (paper fleas),

bed bugs, bee, and wasp control. Red mites inside of buildings and any affected areas outside the building must also be treated.

23. All service will be performed at the county’s convenience so as not to interrupt normal operations. Please

pick a specific day of the week for each location, for scheduling purposes.

24. Service is to be billed monthly to include all services.

25. Before submitting bid, vendor should contact Anne Winterbottom, Housekeeping Supervisor of County Facilities Management for a tour of buildings and any questions on bid at (610) 891-4063.

26. The bidder shall submit a list of references that said company holds contracts with. The list is to include:

name, locations and telephone number of facility.

27. No deliveries to be made on the attached Holiday list.

28. All Offices, Areas/Buildings must be inspected/treated at least once a month unless otherwise noted in the below schedule. In addition to the rotation of Buildings in the Court House Complex, the bid must include on a weekly basis, service to Juvenile Detention Center, Emergency Communications, Receiving, Cafeteria, Holding Cells and Automotive Repairs plus five (5) other undesignated offices as needed.

29. Please show on the below list which weeks you will be treating office areas.

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DETAILED SPECIFICATIONS EXTERMINATOR SERVICE GOVERNMENT CENTER WK1 WK2 WK3 WK4 GND FL: VOTER REGISTRATION ________ ________ ________ ________ GND FL: BUREAU OF ELECTIONS ________ ________ ________ ________ GND FL: TAX CLAIM ________ ________ ________ ________ GND FL: TAX COLLECTION ________ ________ ________ ________ GND FL: LICENSES ________ ________ ________ ________ GND FL: BOARD OF ASSESSMENT ________ ________ ________ ________ GND FL: INTERCOMMUNITY HEALTH ________ ________ ________ ________ GND FL: CONSUMER AFFAIRS ________ ________ ________ ________ GND FL: TELECOMMUNICATIONS ________ ________ ________ ________ GND FL: LUNCH ROOM/CAFETERIA Must be inspected/treated weekly GND FL: COPY CENTER ________ ________ ________ ________ GND FL: RECEIVING Must be inspected/treated weekly GND FL: MAIL ROOM ________ ________ ________ ________ GND FL: FACILITIES MANANGEMENT ________ ________ ________ ________ GND FL: NURSE ________ ________ ________ ________ GND FL: COURT FINANCIAL ________ ________ ________ ________ GND FL: CHILDREN & YOUTH SERVICES ________ ________ ________ ________ 1ST FL: COUNCIL MEETING ROOM ________ ________ ________ ________ 1ST FL: REGISTER OF WILLS ________ ________ ________ ________ 1ST FL: RISK MANAGEMENT ________ ________ ________ ________ 1ST FL: JURY ADMINISTRATION ________ ________ ________ ________ 1ST FL: JURY ASSEMBLY ROOM ________ ________ ________ ________ 1ST FL: RECORDER/ DEEDS ________ ________ ________ ________

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GOVERNMENT CENTER (cont.) WK1 WK2 WK3 WK4 1ST FL: O.J.S. ________ ________ ________ ________ 1ST FL: ARBITRATION ROOM ________ ________ ________ ________ 1ST FL: MEETING ROOMS ________ ________ ________ ________ 2ND FL: COUNTY COUNCIL ________ ________ ________ ________ 2ND FL: EXECUTIVE DIRECTOR ________ ________ ________ ________ 2ND FL: PERSONNEL ________ ________ ________ ________ 2ND FL: BUDGET DEPARTMENT ________ ________ ________ ________ 2ND FL: PUBLIC WORKS ________ ________ ________ ________ 2ND FL: COUNTY CLERK ________ ________ ________ ________ 2ND FL: SOLICITORS ________ ________ ________ ________ 2ND FL: PERSONNEL/I.T. TRAINING RM. ________ ________ ________ ________ 2ND FL: I.T. DEPARTMENT ________ ________ ________ ________ 2ND FL: COMPUTER ROOM ________ ________ ________ ________ 2ND FL: PUBLIC RELATIONS ________ ________ ________ ________ 2ND FL: CONTROLLERS ________ ________ ________ ________ “A” LEVEL GARAGE ________ ________ ________ ________ “B” LEVEL GARAGE ________ ________ ________ ________ “C” LEVEL GARAGE ________ ________ ________ ________ “D” LEVEL GARAGE ________ ________ ________ ________

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COURTHOUSE WK1 WK2 WK3 WK4 1ST FL: SHERIFFS DEPARTMENT ________ ________ ________ ________ 1ST FL: DISTRICT ATTORNEY ________ ________ ________ ________ 1ST FL: DA/VICTIM WITNESS ________ ________ ________ ________ 1ST FL: HEARING ROOM A ________ ________ ________ ________ 1ST FL: COURT ADMINISTRATOR ________ ________ ________ ________ 1ST FL: COURT ROOM 12 ________ ________ ________ ________ 1ST FL: COURT ROOM 10 ________ ________ ________ ________ 1ST FL: COURT ROOM 11 ________ ________ ________ ________ 1ST FL: COURT ROOM 9 ________ ________ ________ ________ 1ST FL: HEARING ROOM F ________ ________ ________ ________ 1ST FL: HEARING ROOM G ________ ________ ________ ________ 1ST FL: COURT ROOM 8 ________ ________ ________ ________ 1ST FL: COURT ROOM 7 ________ ________ ________ ________ 1ST FL: JURY ROOM 8 ________ ________ ________ ________ 2nd FL: COURT ROOM 1 ________ ________ ________ ________ 2nd FL: COURT ROOM 4 ________ ________ ________ ________ 2ND FL: HEARING ROOM D ________ ________ ________ ________ 2ND FL: LEGAL AUDIO VISUAL ________ ________ ________ ________ 2ND FL: HEARING ROOM E ________ ________ ________ ________ 2ND FL: COURT ROOM 2 ________ ________ ________ ________ 2ND FL: CRIMINAL COURT ADMIN. ________ ________ ________ ________ 2ND FL: COURT ROOM 5 ________ ________ ________ ________ 2ND FL: HEARING ROOM B ________ ________ ________ ________ 2ND FL: HEARING ROOM C ________ ________ ________ ________ 2ND FL: COURT ROOM 3 ________ ________ ________ ________ 2ND FL: HEARING ROOM A ________ ________ ________ ________ 2ND FL: SENIOR JUDGES’ CHAMBER ________ ________ ________ ________

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COURTHOUSE (cont.) WK1 WK2 WK3 WK4 2ND FL: EVIDENCE ROOM ________ ________ ________ ________ 2ND FL: JURY ROOM 3 ________ ________ ________ ________ 2ND FL: JURY ROOM 5 ________ ________ ________ ________ 2ND FL: COURT ROOM 6 ________ ________ ________ ________ 2ND FL: JURY ROOM 1 ________ ________ ________ ________ 2ND FL: JURY ROOM 4 ________ ________ ________ ________ 2ND FL: JURY ROOM 2 ________ ________ ________ ________ 2ND FL: HOLDING CELLS ________ ________ ________ ________ 2ND FL: JUDGE CHAMBERS #1 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #2 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #3 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #4 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #5 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #6 ________ ________ ________ ________ 3RD FL: JUDGE’S CONFERENCE ROOM ________ ________ ________ ________ 3RD FL: COPY MECHANICAL ROOM ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #7 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #8 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #9 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #10 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #11 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #12 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #13 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #14 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #15 ________ ________ ________ ________ 3RD FL: INTERNAL MANAGEMENT ________ ________ ________ ________

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COURTHOUSE (cont.) WK1 WK2 WK3 WK4 3RD FL: JUDGE’S CHAMBERS #16 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #17 ________ ________ ________ ________ 3RD FL: JUDGES CHAMBERS #18 ________ ________ ________ ________ 3RD FL: JUDGES CHAMBERS #19 ________ ________ ________ ________ 3RD FL: JUDGES CHAMBERS #20 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #21 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #22 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #23 ________ ________ ________ ________ 3RD FL: JUDGE CHAMBERS #24 ________ ________ ________ ________ 3RD FL: LAWYER LOUNGE ________ ________ ________ ________ LAW LIBRARY ________ ________ ________ ________ BASEMENT: STORAGE ________ ________ ________ ________ BASEMENT: STORAGE ________ ________ ________ ________ BASEMENT: STORAGE ________ ________ ________ ________ BASEMENT: CID ________ ________ ________ ________ BASEMENT: PRE-TRIAL BAIL ________ ________ ________ ________ BASEMENT: ADULT PROBATION INTAKE ________ ________ ________ ________ BASEMENT: D.U.I./ EVALUATION ________ ________ ________ ________ BASEMENT: COURT REPORTERS OFFICE ________ ________ ________ ________ BASEMENT: ELECTRONIC RECORDING ________ ________ ________ ________ BASEMENT: J.M.S. SERVICES ________ ________ ________ ________

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TOAL BUILDING SWENEY BUILDING CURRAN BUILDING

WK1 WK2 WK3 WK4 TOAL BUILDING BASEMENT: PARK POLICE ________ ________ ________ ________ BASEMENT: CONSTABLES ________ ________ ________ ________ BASEMENT: MECHANICAL ROOMS ________ ________ ________ ________ 1ST FL: COMMUNITY SERVICE ________ ________ ________ ________ 1ST FL: COMMUNITY ACTION ________ ________ ________ ________ 2ND FL: PLANNING DEPARTMENT ________ ________ ________ ________ SWENEY BUILDING BASEMENT: PUBLIC DEFENDER ________ ________ ________ ________ 1ST FL: PUBLIC DEFENDER ________ ________ ________ ________ 2ND FL: PUBLIC DEFENDER ________ ________ ________ ________ CURRAN BUILDING BASEMENT: HOLDING CELLS Must be inspected/treated weekly BASEMENT: DOMESTIC RELATIONS ________ ________ ________ ________ 1ST FL: DOMESTIC RELATIONS ________ ________ ________ ________ 2ND FL: DOMESTIC RELATIONS ________ ________ ________ ________ 3RD FL: DOMESTIC RELATIONS ________ ________ ________ ________ FRONEFIELD BUILDING COURT ROOM 14 ________ ________ ________ ________ COURT ROOM 15 ________ ________ ________ ________ COURT ROOM 16 ________ ________ ________ ________ COURT ROOM 17 ________ ________ ________ ________ COURT REPORTER ________ ________ ________ ________ JURY ROOMS ________ ________ ________ ________

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DISTRICT ATTORNEY ________ ________ ________ ________ PUBLIC DEFENDER ________ ________ ________ ________ CONFERENCE LIBRARY ________ ________ ________ ________ LUNCH ROOM ________ ________ ________ ________ JUVENILE HOLDING CELLS/ Must be inspected/treated weekly PROBATION OFFICES ________ ________ ________ ________ JUVENILE OFFICES ________ ________ ________ ________ GARAGE ________ ________ ________ ________ ALL HALLWAYS ________ ________ ________ ________ ALL RESTROOMS ________ ________ ________ ________ JUVENILE DETENTION (ENTIRE BUILDING MIDDLETOWN RD LIMA, PA Must be inspected/treated weekly FIFTH & PENN (ENTIRE BUILDING) ________ ________ ________ ________ CHESTER, PA BUILDING # 19 FAIR ACRES LIMA, PA ________ ________ ________ ________ VOTING MACHINE BUILDING 24TH & POTTER, CHESTER ________ ________ ________ ________ WATKINS BUILDING (Emergency Communication Center) MIDDLETOWN RD LIMA, PA Must be inspected/treated weekly Records Storage Barn (Entire Barn) GEORGE HILL CORRECTIONAL FACILITY 550 CHEYNEY ROAD THORNTON, PA 19373 Must be Inspected/treated Bi-Weekly

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SPECIFICATIONS CONTINUED

ASSIGNMENT OF CONTRACT

“THE CONTRACTOR SHALL NOT ASSIGN THE CONTRACT OR ANY PART OF THEREOF WITHOUT THE WRITTEN CONSENT OF THE COUNTY OF DELAWARE. THE CONTRACTOR SHALL NOT SUB-CONTRACT WITHOUT PRIOR WRITTEN APPROVAL FROM THE COUNTY OF DELAWARE.”

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INSURANCE REQUIREMENTS

Before the contract is awarded, and unless otherwise approved by the County of Delaware’s (hereinafter referred to as the ‘County’) representative in writing, the Contractor shall, at its sole cost and expense, procure the following minimum types and limits of insurance, on forms reasonably acceptable to the County. Such insurance shall be maintained in full force and effect until completion of the Services or final acceptance of the entire Project or the completion of all post-acceptance warranty or related work by Contractor, whichever is later. Coverage shall be obtained from reputable insurance carriers authorized to transact that class of business in the state where the work will be performed, or otherwise acceptable to the County, having an A.M. Best Rating of A- VII or better. All insurance required herein shall be written on an “occurrence” basis, not “claims-made”, with the exception of Professional Liability insurance, unless specifically approved by the County in writing.

1. General Liability

Commercial General Liability, written on an occurrence basis, covering bodily injury including death, and/or property damage to third parties, which may arise from ongoing and completed operations under the contract, whether such operations are performed by the Contractor or its subcontractors/subconsultants, anyone directly or indirectly employed by them, or anyone for whom they may be liable, with limits not less than:

Each Occurrence $1,000,000 Personal and Advertising Injury $1,000,000 Products/Completed Operations Aggregate $2,000,000 Per Project Aggregate $2,000,000 Damage to Rented Premises $ 50,000 Medical Payments $ 10,000 Abuse/Molestation (if applicable to services provided) $1,000,000

The General Liability policy shall include contractual liability, covering liability assumed by the Contractor under the Indemnification and other provisions of the contract. Any deductible under this coverage is subject to the County’s approval, and shall be the sole responsibility of the Contractor.

2. Business Automobile Liability

Business Automobile Liability coverage for bodily injury and property damage arising out of the ownership, maintenance, or use of owned, non-owned, hired, and leased vehicles, including uninsured/underinsured motorists coverage, with limits not less than:

Combined Single Limit $ 1,000,000

Uninsured/Underinsured Motorists Liability Limit $ 1,000,000

3. Workers’ Compensation and Employers Liability Workers’ Compensation and Employers Liability as required by the state in which the work will be performed, including “other states” coverage (if applicable), and USL&H and Jones Act coverage (if applicable), with limits not less than:

Workers’ Compensation StatutoryBodily Injury, each Employee $500,000Bodily Injury, each Accident $500,000Disease, each Employee $500,000

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If Contractor is an exempt self-insurer, sole proprietor, or independent contractor in Pennsylvania, a current exemption certificate shall be provided in lieu of evidence of Workers’ Compensation coverage.

4. Umbrella Liability

Umbrella Liability applying excess of the General Liability, Automobile Liability, and Employers Liability policies, on a following-form basis, with limits not less than:

Each Occurrence $5,000,000 Aggregate $5,000,000

Hazardous work may require higher limits, as requested by the County.

5. All Risk Builders Risk (if applicable)

All Risk (Special Form) Builders Risk insurance, including Earthquake and Flood to the extent reasonably commercially available, providing protection for building, structures, and materials or equipment to be installed in the project, while in the course of construction, in transit to the project site, and while being retained in off-site storage.

The Builders Risk policy shall be written to cover 100% of the completed value of the project, at replacement cost valuation, with an agreed amount provision (coinsurance waived). Any deductible under this coverage shall be no more than $25,000, and shall be the sole responsibility of the Contractor.

The policy shall cover the insurable interests of the County, Contractor and Subcontractors in the Work. The County and Contractor waive all rights against each other for damages caused by fire or other perils to the extent payment is actually made under insurance provided under this paragraph, except such rights as they may have to the proceeds of such insurance held by the County. The Contractor shall require similar waivers by Subcontractors.

The County will procure such Builders Risk coverage in compliance with the above provisions, subject to information contained in Appendix 1, which shall be provided by Contractor following award of the bid.

6. Professional Liability/ Errors & Omissions Insurance (if applicable) All Contractors who will perform, or retain others to perform, professional services in connection with the work (including but not limited to Consultants, Architects, Engineers, Design-Build, Project/Construction Managers) shall provide Professional Liability insurance covering negligent acts, errors, or omissions in the performance of their work, with limits not less than:

Each Claim $3,000,000 Annual Aggregate $3,000,000

Any deductible under this coverage is subject to the County’s reasonable approval, and shall be the sole responsibility of the Contractor.

7. Cyber Insurance Contractor shall maintain, at its own expense throughout the Term, cyber liability insurance coverage or a cyber liability insurance rider in the Errors and Omissions policy providing privacy response coverage and third party liability coverage covering Contractor for claims, losses, liabilities, judgements, settlements, lawsuits, regulatory actions, and other costs or damages arising out of its performance under this Agreement, including any negligent or otherwise wrongful acts or omissions by Contractor or any employee or agent thereof in such amounts and on such terms as are reasonably acceptable to Client, but in no event less than the following: $3,000,000. This includes, but is not limited to: any breach of any law or regulation governing confidentiality of PHI (as defined under HIPAA) and Personal Information (as defined under the PA Act).

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Upon request, Contractor shall furnish Client, upon request, as evidence of coverage, a certificate of insurance for Cyber Liability and/or Errors and Omissions insurance. Contractor shall not cancel or reduce any such insurance without prior written consent of Client. Contractor shall notify Client in writing within five business days if it receives notice that its insurance carrier intends to terminate, cancel, non-renew or rescind cyber liability insurance or errors and omissions insurance.

8. Contractors Pollution Liability (if applicable)

All Contractors who will perform environmental services (including but not limited to asbestos or lead abatement, testing or remediation) shall provide Contractors Pollution Liability with limits not less than:

Each Claim or Occurrence $5,000,000 Annual Aggregate $5,000,000

The Contractors Pollution Liability policy shall include coverage for Emergency Response Costs, Contingent Transportation, Non-Owned Disposal Sites, and Natural Resource Damage. If coverage is written on a claims-made basis, an Extended Reporting Period, or tail coverage, shall be provided for two (2) years following completion of the insured’s services. In the alternative, the Contractors Pollution Liability policy shall be renewed for not less than two years following completion. The policy retroactive date shall be no later than the effective date of this Agreement.

9. Performance & Other Bonds

Contractor shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor’s obligations.

Contractor shall furnish a Maintenance Bond in an amount equal to ten percent (10%) of the Contract including Change Orders. This Maintenance Bond shall be effective for a period of one (1) year following the date established by the certificate of Substantial Completion. All Bonds shall be executed by such Sureties as (i) are licensed to conduct business in the state where the Project is located, and (ii) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act and the Surety's financial statement. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be acceptable to County.

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General Insurance Provisions All policies required hereunder other than Workers Compensation, Professional Liability, and Builders Risk shall name the County of Delaware and its departments, county offices or agencies as applicable, and their officers, directors, agents, employees, and volunteers as additional insureds on a primary and noncontributory basis, for losses arising from the negligence of the Contractor or its subcontractors, or anyone for whom they may be liable. Additional insured status shall apply to Completed Operations. All policies shall provide a Waiver of Subrogation in favor of the County of Delaware and its departments, county offices or agencies as applicable, and their officers, directors, agents, employees, and volunteers, and/or other parties designated by the County. Policies shall not be canceled, terminated, or non-renewed unless sixty (60) days prior written notice is sent by the insurer to the insured Contractor. Contractor shall immediately forward any such notice to County. Contractor shall furnish to County Certificates of Insurance prior to the start of work, evidencing that all requirements have been met, and detailing the insurers providing coverage, types and limits of coverage, class of operations covered, and effective and expiration dates of coverage. Certificates shall specifically confirm the terms of coverage required herein, including Additional Insured status, waiver of subrogation, and that coverage is included for Abuse/Molestation (if applicable). A copy of the Additional Insured, Waiver of Subrogation, and Abuse/Molestation policy provisions or endorsements must be submitted with the Certificate. A renewal Certificate must be provided to County prior to the expiration date thereof. Subcontractor/Subconsultants Contractor shall require each subcontractor or subconsultant to provide insurance as outlined above. Such policies shall name the County of Delaware and its departments, offices, and agencies; Contractor; and the officers, directors, employees, agents, and volunteers of both, as additional insureds on a primary/noncontributory basis, for losses arising from the negligence of the subcontractor/subconsultant. Additional insured status shall apply to Completed Operations. All policies shall provide a Waiver of Subrogation in favor of the Additional Insured parties. Contractor shall be responsible for securing and maintaining certificates of insurance from all subcontractors/subconsultants evidencing the insurance coverages required herein.

The insurance coverages and limits required herein are designed to meet the minimum requirements of the County. They are not designed as a recommended insurance program for Contractor or its subcontractors/subconsultants. Meeting these minimum requirements shall in no way limit or relieve the Contractor liability and obligations under any other provision of the Contract. The Contractor shall acquire, at its own expense, any other Additional Insurance coverage it deems necessary for the protection of its work under this contract.

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Self-Insurance

If Contractor maintains a self-insured program or a limited self-insurance program for any or all of the coverages listed above, a complete description of the program, with information on excess carriers and funding arrangements, and a copy of the Contractor’s most recent audited financial statement, must be provided to County for review and approval, such approval not to be unreasonably withheld. If County grants such approval, Contractor understands and agrees that the County of Delaware, county offices or agencies as applicable, and their officers, directors, agents, employees, and volunteers shall receive the same coverages and benefits under Contractor self-insurance program that they would have received had the insurance requirements set forth above been satisfied with coverage provided by a commercial insurance company.

Non-Waiver of Indemnification The insurance (including self-insurance) requirements set forth herein are not intended and shall not be construed to modify, limit, or reduce the indemnifications required of Contractor, nor to limit Contractor liability under this contract to the limits of the policies of insurance (or self-insurance) required to be maintained by Contractor hereunder.

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TO ALL VENDORS

 

PLEASE BE ADVISED THAT THE COUNTY OF DELAWARE WILL STRICTLY ENFORCE: THE SUCCESSFUL BIDDER SHALL BE REQUIRED TO ENTER INTO A FORM OF CONTRACT WITH THE COUNTY OF DELAWARE WITHIN FIFTEEN (15) WORK DAYS AFTER NOTICE OF THE ACCEPTANCE OF ITS BID. FAILURE TO DO SO SHALL BE SUFFICIENT REASON FOR THE COUNTY TO RESCIND THEIR ACTION ACCEPTING ITS BID AND ACCEPT THE BID OF THE NEXT LOWEST RESPONSIBLE BIDDER.

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FORM OF CONTRACT

Articles of Agreement made this ______day of _______________20____Between hereinafter called (Contractor) and the County of Delaware (hereinafter called County). WITNESSETH: That the Contractor covenants, promises and agrees to and with the County to: ________________________________________________________________________ ________________________________________________________________________ For the price of: as per its annexed proposal, and to, in all respects, comply with the terms and conditions of the Invitation to Proposers, annexed Proposal and the County covenants, promises and agrees to and with the Contractor to pay it the price of: for It is further mutually agreed by said parties, in consideration of their aforesaid mutual covenants, the Annexed Proposal constitute and are a part of the Contract as though fully set forth herein. In Witness Whereof, the Contractor and the County have hereunto caused their common Corporate Seals To be affixed hereto duly attested by their proper officers the day and year aforesaid. ATTEST: ______________________________________ Secretary or Assistant Secretary

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Vendor’s Signatures _________________________________ _________________________________ _________________________________ COUNTY OF DELAWARE _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ Delaware County Council Attest: _________________________ County Clerk