840046gaugeDelaw.pdf

Contract#: eDPL-092826

COUNTY OF DELAWARE

GOVERNMENT CENTER BUILDING

DEPARTMENT OF CENTRAL PURCHASING

201 W. FRONT STREET

MEDIA, PENNSYLVANIA 19063

(610) 891-4427

REQUEST FOR PROPOSAL

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES

INSTALLATION

FAIR & OPEN PUBLIC SOLICITATION

SUBMISSION DEADLINE:

• DATE: September 28, 2026

• TIME: 10:00 AM

• PLACE: PennBid (pennbid.bonfirehub.com) https://pennbid.procureware.com/home

Table of Contents

1. INTRODUCTION

2. ADMINISTRATIVE CONDITIONS AND REQUIREMENTS

2.1 SCHEDULE

2.2 PROPOSAL SUBMISSION INFORMATION

2.3 MANAGING DEPARTMENT INFORMATION

2.4 COUNTY REPRESENTATIVE FOR THIS SOLICITATION

2.5 INTERPRETATIONS AND ADDENDA

2.6 QUANTITIES OF ESTIMATE

2.7 COST LIABILITY AND ADDITIONAL COSTS

2.8 STATUTORY AND OTHER REQUIREMENTS

2.9 PUBLIC EMERGENCY

2.10 MULTIPLE PROPOSALS NOT ACCEPTED

2.11 FAILURE TO ENTER CONTRACT

2.12 COMMENCEMENT OF WORK

2.13 TERMINATION OF CONTRACT

2.14 NON-ALLOCATION OF FUNDING TERMINATION

2.15 CHALLENGE OF SPECIFICATIONS

2.16 PAYMENT

2.17 NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS

2.18 OWNERSHIP OF MATERIAL

2.19 W-9

2.20 ARTIFICIAL INTELLIGENCE (AI) RESTRICTIONS

2.21 DATA OWNERSHIP AND RIGHTS

3. SCOPE OF WORK

3.1 PROJECT OVERVIEW & BACKGROUND

3.2 SCOPE OF SERVICES

4. PROPOSAL/ RESPONSE REQUIREMENTS

4.1. PROPOSAL CONTENT & ORGANIZATION (REQUIRED TABS)

4.3 COST PROPOSAL/PAYMENT STRUCTURE

4.4 ADDITIONAL DOCUMENTS TO BE SUBMITTED

5. Evaluation, Review and Selection Process

5.1 PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE

5.2 REJECTION OF PROPOSALS

5.3 EVALUATION PROCESS

5.4 EVALUATION CRITERIA

5.5 TERM OF THE CONTRACT

5.6 CONTRACT EXTENSION

5.7 NOTICE OF AWARD

ADDITIONAL DOCUMENTS TO BE SUBMITTED

CHECKLIST

ATTACHMENT A

ATTACHMENT B – Page 1

ATTACHMENT B – Page 2

ATTACHMENT C

ATTACHMENT D

ATTACHMENT E

ATTACHMENT F

ATTACHMENT G

ATTACHMENT H

ATTACHMENT J

ATTACHMENT K

ATTACHMENT L

ATTACHMENT N

ATTACHMENT N ................................................................................................. Error! Bookmark not defined.

ATTACHMENT O ................................................................................................. Error! Bookmark not defined.

REQUEST FOR PROPOSAL

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION

The County of Delaware, Pennsylvania (the “County”) is soliciting proposals from vendors for COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION to site and install not less than 10 flood/stream gauges throughout the County. The County has already pre-purchased the flood/stream gauges and awarded contractor will be responsible for finding the optimal location for placement and their installation.

RFP responses will be received virtually via PennBid (pennbid.bonfirehub.com) by the Department of Central Purchasing on September 28, 2026 @ 10:00 a.m. at which time responses will be opened and read aloud for

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION.

Detailed Request for Proposal is located on the PennBid (pennbid.bonfirehub.com) link which can be reviewed and/or downloaded.

Unless otherwise provided, in any supplement to these instructions to respondent, no respondent shall modify, withdraw, or cancel the proposal or any part thereof for sixty (60) days after the time designated for the receipt of proposal in the advertisement or Request for Proposal. For any questions regarding such, please contact Tyler Rodriguez, Project Manager, and Jim E. Peterson, Director of Central Purchasing at (610) 891-4496.

Jim E. Peterson

Director of Central Purchasing

County of Delaware

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 1 of 12

1. INTRODUCTION

The County of Delaware (the “County”) is seeking proposals from qualified firms to provide bids for the COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION project to site and install not less than 10 flood/stream gauges throughout the County (gauges have already been purchased).

The resulting contract will be managed by the Delaware County Planning Department.

2. ADMINISTRATIVE CONDITIONS AND REQUIREMENTS

The following items express the administrative conditions and requirements of this RFP. Together with the other RFP sections, they will apply to the RFP process, the subsequent contract, and project production. Any proposed change, modification, or exception to these conditions and requirements may be the basis for the County of Delaware, hereinafter referred to as “Owner”, to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an award of a contract. The contents of the proposal of the successful respondent, (hereinafter referred to as “Respondent” or “Contractor”) as accepted by the Owner, will become part of any contract awarded as a result of this RFP.

2.1 SCHEDULE

A schedule has been established for respondent proposals, proposal review, contractor selection and project initiation. The dates established for the procurement are:

• Release of RFP: August 20, 2026

• Final Day for Bidders’ Questions: September 14, 2026

• Proposal Due Date: September 28, 2026 @ 10:00 AM

• Anticipated Interview Dates: October 12-16, 2026

2.2 PROPOSAL SUBMISSION INFORMATION

All responses must be submitted/uploaded on PennBid (pennbid.bonfirehub.com). Only those RFP responses received prior to or on the submission date will be considered. Responses delivered before the submission date and time specified above may be withdrawn upon written application of the respondent who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the proposal.

After the submission date and time specified above, responses must remain firm for a period of sixty (60) days.

2.3 MANAGING DEPARTMENT INFORMATION

Gina Burritt, Director of Planning Department County of Delaware 2 West Baltimore Avenue, Media, PA 19063 610-891-5200

2.4 COUNTY REPRESENTATIVE FOR THIS SOLICITATION

Jim E. Peterson, Director of Central Purchasing County of Delaware 340 North Middletown Road, Fair Acres Building 13 Media, PA 19063 610-891-4496

2.5 INTERPRETATIONS AND ADDENDA

Respondents are expected to examine the RFP with care and observe all its requirements. All questions concerning the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the Owner’s representative in response to such comments and questions will be issued by Addenda via one or more of the following methods: PennBid; facsimile; e-mail; website; certified mail; or delivered to all parties recorded as having

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 2 of 12 received the RFP package. Only comments and questions responded to by formal written (uploaded via PennBid) Addenda will be binding. Oral interpretations, statements or clarifications are without legal effect.

2.6 QUANTITIES OF ESTIMATE

Wherever the estimated quantities of work to be done are shown in any section of this RFP, including the Proposal Cost Form, they are given for use in comparing proposals. The Owner especially reserves the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may be deemed reasonably necessary or desirable by the Owner to complete the work detailed by the contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or diminution give cause for claims or liability for damages.

2.7 COST LIABILITY AND ADDITIONAL COSTS

The Owner assumes no responsibility and liability for costs incurred by the Respondents prior to the issuance of an agreement. The liability of the Owner shall be limited to the terms and conditions of the contract.

Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional charges, unless incurred for additional work performed by request of the Owner as noted in 2.6, are not to be billed and will not be paid.

2.8 STATUTORY AND OTHER REQUIREMENTS

2.8.1 COMPLIANCE WITH LAWS

Any contract entered between the Contractor and the Owner must be in accordance with and subject to compliance by both parties with the County of Delaware Administrative Code. The Contractor must agree to comply with the non-discrimination provisions and all other laws and regulations applicable to the performance of services thereunder. The Respondent shall sign and acknowledge such forms and certificates as may be required by this section.

2.8.2 STOCKHOLDER DISCLOSURE

The disclosure of ownership Form, which is part of the RFP (ATTACHMENT D) shall be properly executed and submitted with the RFP response. No corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any goods, unless, with receipt of the proposal of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten (10) percent or greater interest therein. The Respondent shall complete and submit the form of statement that is included in this RFP.

2.8.3 NON-COLLUSION AFFIDAVIT

The Non-Collusion Affidavit, which is part of this RFP (ATTACHMENT C), shall be properly executed and submitted with the RFP response.

2.8.4 INSURANCE AND INDEMNIFICATION

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/Provider 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/Provider, whichever is later.

2.9 PUBLIC EMERGENCY

In the event of a Public Emergency declared at the Local, State or Federal Level, if the County opts to extend terms and conditions of this RFP, the Contractor agrees to extend the terms and conditions of this RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 3 of 12 emergency. In the event the original Contractor cannot meet this requirement, the County may solicit the goods and/or services from any bidder on this contract.

2.10 MULTIPLE PROPOSALS NOT ACCEPTED

More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered.

2.11 FAILURE TO ENTER CONTRACT

Should the Respondent, to whom the contract is awarded, fail to enter into a contract within ten (10) days, Sundays and holidays excepted, the Owner may then, at its option, accept the proposal of another respondent.

2.12 COMMENCEMENT OF WORK

The Contractor agrees to commence work after the date of award by the Owner and upon notice from the managing department.

2.13 TERMINATION OF CONTRACT

If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the Contractor violates any requirements of the contract, the Owner shall thereupon have the right to terminate the contract by giving written notice to the Contractor of such termination at least thirty (30) days prior to the proposed effective date of the termination. Such termination shall relieve the Owner of any obligation for the balances to the Contractor of any sum or sums set forth in the contract.

The Contractor agrees to indemnify and hold the owner harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the Owner under this provision.

In case of default by the Contractor, the Owner may procure the articles or services from other sources and hold the Contractor responsible for any excess cost occasioned thereby.

2.14 NON-ALLOCATION OF FUNDING TERMINATION

Each calendar year payment obligation of the Owner is conditioned upon the availability of Owner funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the Owner at the end of any particular calendar year may terminate such services. The Owner will notify the Contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party contractor.

2.15 CHALLENGE OF SPECIFICATIONS

Any Respondent who wishes to challenge a specification shall file such challenge in writing with the Director of Central Purchasing no less than three (3) business days prior to the opening of the RFP's. Challenges filed after that time shall be considered void and having no impact on the Owner or the award of contract.

2.16 PAYMENT

Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the Proposal Cost Form.

1. The Owner may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following:

2. Deliverables not complying with the project specification.

3. Claims filed or responsible evidence indicating probability of filing claims.

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 4 of 12

4. A reasonable doubt that the contract can be completed for the balance then unpaid.

5. Payments shall not total more than 90% of the maximum bid amount until the end of the contract period.

6. When the above grounds are removed, payment shall be made for amounts withheld because of them.

2.17 NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS

Public funds may be used to pay only for goods delivered or services rendered. The County will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the County to pay additional fees.

2.18 OWNERSHIP OF MATERIAL

The Owner shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the Owner to the Contractor for the purpose of assisting the Contractor in the performance of this contract. All such items shall be returned immediately to the Owner at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the Owner, be disclosed to others or used by the Contractor or permitted by the Contractor to be used by their parties at any time except in the performance of the resulting contract.

Ownership of all data, materials and documentation originated and prepared for the Owner pursuant to this contract shall belong exclusively to the Owner. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the Owner upon completion of the project. The Contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the Owner. All information supplied to the owner may be required to be provided on electronic/digital media compatible with the Owner’s computer operating system.

2.19 W-9

Successful Respondents shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-df/fw9.pdf

2.20 ARTIFICIAL INTELLIGENCE (AI) RESTRICTIONS

Unless explicitly stated within the RFP, the County is not seeking any proposals that utilize AI, either directly or indirectly. Any submissions that involve AI to fulfill the County’s goals must be clearly disclosed (See ATTACHMENT F) and are subject to the clauses within this RFP. For purposes of this RFP, AI means any system, model, software, or computational process, which is rule-based, statistical, machine-learning, deep-learning, neural-network-based, generative, or hybrid, that performs tasks normally requiring human intelligence. This includes machine learning (ML) and generative AI (GenAI) models that learn patterns or behaviors from datasets and produce outputs such as text, images, code, analytics, simulations, or recommendations. These tasks include, but are not limited to:

• Pattern Recognition • Data Classification or Prediction

• Autonomous Decision-making or Decision Assistance • Language Processing, Text Generation, or Translation

• Image, Audio, or Video Analysis or Generation • Optimization, Planning, or Recommendation Functions

• Self-Learning, Adaptive, or Self-Modifying Behavior Based on Input Data http://www.irs.gov/pub/irs-df/fw9.pdf

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 5 of 12

For clarity, “AI training” includes any activity that uses data to:

• Train, retrain, fine-tune, calibrate, validate, benchmark, or otherwise improve an AI, ANI, AGI, ASI, or ML model

• Enhance an AI system’s performance, accuracy, capabilities, or understanding

• Derive embeddings, feature sets, or latent representations of the data for future AI use

2.20.1 TRAINING

The Contractor, and all subcontractors shall not, under any circumstances:

• Use, analyze, access, transmit, store, or reproduce any County Data, including, but not limited to, metadata, derivative data, logs, usage information, or aggregated datasets, for the purpose of training, refining, enhancing, or otherwise improving any Artificial Intelligence, Artificial Narrow Intelligence (ANI), Artificial General Intelligence (AGI), Artificial Superintelligence (ASI), machine learning, or algorithms, whether proprietary, commercial, open-source, or third-party.

• Allow County Data to be incorporated into or used to generate inputs for any AI system, including large language models, generative models, or predictive analytics systems, except where explicitly authorized in writing by the County.

• Permit any third party, upstream provider, subcontractor, or affiliated entity to use or access County Data for AI training, model development, benchmarking, synthetic data generation, product improvement, or dataset creation of any kind.

2.20.2 SYSTEM OPERATION

If vendor’s proposal requires the of use AI functionality, the Contractor’s solution must:

• Operate solely on the data expressly approved by the County

• Perform only the AI-related functions explicitly described in the submitted proposal

• Ensure that no County data is exported, intentionally or unintentionally, to external AI services, shared training materials, shared model weights, or external processing environments.

2.20.3 CERTIFICATION AND AUDIT RIGHTS

If the awarded vendor’s submitted proposal involved the use of AI, Contractor shall provide, upon request:

• Written certification of compliance with this clause

• Documentation of data handling practices, logging systems, and technical safeguards preventing AI-related use.

• Access for County-authorized audits to verify that County Data has not been used for AI training or model improvement.

Non-compliance may result in immediate termination, withholding of payments, legal remedies, and ineligibility for future County contracts.

2.21 DATA OWNERSHIP AND RIGHTS

All County Data, including any transformations, outputs, analyses, or derivative works produced during the contract, remain the exclusive property of the County. No rights, title, interests, or usage permissions are granted to the Bidder or its affiliates beyond those necessary to perform the contracted services.

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 6 of 12

The Contractor shall not claim ownership, control, or intellectual property rights over any models, weights, or algorithms purportedly improved, trained, or modified using County Data in violation of this clause.

3. SCOPE OF WORK

The following is a description of the professional design services needed, including, where appropriate, a description of tasks involved:

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION

The scope of services set forth in this Request for Proposal represents an outline of the services which the County anticipates the successful Respondent to perform and is presented for the primary purpose of allowing the County to compare proposals.

This Request for Proposal document presents background on the County, the scope of work desired, timeline, and proposal requirements. The RFP will be publicly advertised and will also be forwarded to number of agencies that have expressed interest in providing this support. Information related to this RFP is generally subject to “right-to-know” requirements under applicable laws, however the County may enter into non-disclosure agreements (NDA) as appropriate and allowable. All records and documents produced by the selected Financial Consultant firm are the property of the County.

3.1 PROJECT OVERVIEW & BACKGROUND

The Delaware County Planning Department has secured funding to install a countywide network of solar powered flood/stream gauges. Additionally, as part of a countywide stormwater planning effort, the County has a map/list of recommended gauge locations. This current effort is the first phase of installation of not less than 10 gauges.

3.2 SCOPE OF SERVICES

The following is a description of the professional service needed, including, where appropriate, a description of tasks involved:

The Contractor will collaborate with County Planning Department staff to install not less than 10 solar powered flood/stream gauges upon County owned properties throughout the County.

Task 1 - The Contractor will collaborate with Planning Department staff to field locate/site gauge locations as well as determine installation strategy and necessary materials. To aid in the locating/siting process, the County has been provided a list of recommended locations as a deliverable from its countywide Act 167 stormwater plan (APPENDIX A). As part of the siting process, a required materials list will be generated for each site (example:

conduit, fasteners, wire containment box, spikes, poles, etc). Manufacturer guidance for locating is provided within APPENDIX B and must be followed. Necessary installation materials will be purchased through the grant funds for the installation of not less than 10 flood/stream gauges. Gauges must be generally south facing and largely exposed to sunlight. Note: cinching steel band fasteners should be used whenever possible to minimize structural intrusions. Cinching steel band fastening tools may be purchased as a project expense, however, any project required tool(s) will remain County property at the end of the project (Example: PANDUIT Cable Tie Tension Tool 200-800 lb.).

Task 2 – Upon developing an installation strategy, the Contractor will purchase/secure all required tools and materials necessary for installation all of the gauges.

Task 3 - The Contractor will install the gauges per the agreed upon locating/siting parameters and per manufacture guidance within APPENDIX B. Installation parameters can be altered based on necessity and as approved by County Planning Department staff. County staff may assist in the installation process as staff time permits.

4. PROPOSAL/ RESPONSE REQUIREMENTS

The County is not establishing page limits for the proposal; responses should be simply and economically prepared and should not include extraneous marketing materials or other unrequested information. You may reference

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 7 of 12 different sections of your response in order to avoid substantial duplication of requested information. The County will receive submissions via PennBid (pennbid.bonfirehub.com) on or before 10:00 a.m., September 28, 2026. All questions should be submitted via PennBid in the vendor “VENDOR DISCUSSIONS” section.

The submission of a proposal shall be an indication that the respondent has investigated and satisfied him/herself as to the existing conditions, and the character, quality, and scope of the work to be performed. To receive consideration, proposals shall be made in accordance with the following general instruction:

4.1. PROPOSAL CONTENT & ORGANIZATION (REQUIRED TABS)

Title Page

Must include the following:

• Name of this RFP.

• Name, address, telephone number, and email of the respondent.

• Name and title of person authorized to commit the respondent to contractual arrangements.

Table of Contents

Broken into sections and sub-sections

Letter of Transmittal

Must include the following:

• Name of the company submitting the proposal.

• Statement demonstrating respondent’s understanding of the equipment requested and work to be performed.

• Summary of key proposal differentiators (e.g., cost savings, service quality, sustainability)

• The respondent’s key point of contact and telephone number.

• The proposal should contain a statement assuring that once management and staff have been assigned to the project, they will not be replaced by other personnel unless they leave the company or otherwise noted. A statement should also be included which states that if any person originally assigned to the project is replaced, the new person, shall be equally qualified and will be subject to the approval of the County Project Manager.

Profile of Contractor

Must include the following:

• Statement of the respondent’s experience in conducting work of the nature sought by this RFP.

• Location of the respondent’s office, and that of all sub-contractors, that will perform the work.

• Organization chart for Contractor, including all sub-contractors. (if applicable).

• Examples of similar projects completed by the Contractor.

• Any other information relating to the capabilities and expertise of the respondent in performing comparable work.

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 8 of 12

• Key personnel working for the contractor and their areas of responsibilities, including, the intended Designated Account Manager

Qualification Statement

A statement is to be provided by the respondent who will serve as the primary contractor. This statement is separate from ATTACTMENT G – QUALIFICATION AFFIDAVIT. The statement shall set forth brief details of the Contractor's principal activities, the number of personnel in the Contractor and the Contractor's location. Contractor must provide a list of (3) three clients for whom similar services have been provided, including:

• Name of Client.

• Contact person's name, position, and current telephone number.

• Dates, cost, and scope of service.

• Status, Units Provided, and comments

4.2 TERMS AND CONDITIONS

1. The County reserves the right to reject any and all responses and to request clarification of information.

2. All responses received to this RFP become the property of the County.

3. The County may modify this RFP by the issuance of an addendum. Any addendum will be issued through PennBid. No oral statements, explanations, or commitments will be of any effect unless incorporated into a written addendum.

4. This RFP is not subject to the competitive bidding process, and any contract entered into as a result of any response submitted will be based on the concept of “Best Value” and not be based on the concept of the “lowest responsible bidder.” Best Value is defined as the most advantageous outcome considering both price and non-price factors and does not necessarily mean the lowest-priced proposal.

5. Responses may identify proprietary or confidential information for purposes of meeting an exception to the Pennsylvania Right-To-Know Law; however, the County is not bound by the identification of such information as propriety or confidential and will provide copies of materials provided hereunder in response to a Right-to-Know request as required by Pennsylvania law. By submitting a response, responding Respondents agree not to challenge such determination by the County.

6. The Respondent, including its agents and associates, shall refrain from contacting or soliciting any staff member or official of the County regarding this RFP until the time of award by County Council. Failure to comply may result in disqualification of the contractor. Any questions pertaining to this RFP must be submitted via the ‘Vendor Discussions’ feature within PennBid as described above.

7. Submission of a response to the County constitutes express acceptance by the contractor to be bound by all the terms, conditions, and provisions of this RFP.

8. The County anticipates the term of the contract to be twelve (12) months, with the option to extend for one

(1) additional period of twelve (12) months.

9. A contract, prepared by the County and signed by County Council Chairperson, shall become the document that authorizes the Services to begin, assuming the insurance requirements have been met. Each section contained herein, the attachments, and any addenda and the response from the successful Contractor shall also be incorporated by reference into the resulting agreement.

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 9 of 12

10. The contract is subject to the approval of County Council and is effective only upon its approval.

11. The County reserves the right to make changes to the Services to be provided which are within the Project.

No assignment, alteration, change, or modification of the terms of the Contract shall be valid unless made in writing and agreed to by both the County and the Contractor. The Contractor shall not commence any additional services or change the Scope of Services until authorized in writing by the County. Contractor shall make no claim for additional compensation in the absence of a prior written approval and amendment of the Contract executed by both the Contractor and the County. The Contract may only be amended, supplemented, or modified by a written document executed by the Contractor and the County Solicitor.

12. In accordance with the provisions and conditions of the Contract, Contractor shall freely enter the Contract for the purpose of providing Services to the County and to be compensated for the Services.

13. No price escalation will be allowed during the initial or renewal terms of the contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide sufficient written certification and documentation to substantiate the request. Documentation shall include, but not be limited to; actual materials invoices, copies of commercial price lists, provision of appropriate indices, which reflect said increases. The County reserves the right to accept or reject price increases, to negotiate more favorable terms or to terminate without cost, the future performance of the contract.

14. If the contract extends beyond its stated term, whether by mutual agreement or continued performance, compensation during such extension shall be at the same rates, terms, schedules, and conditions established in this contract, unless otherwise amended in writing and executed by both authorized Contractor and County representatives.

15. Contractors are prohibited from engaging in activities on behalf of the County that produce a direct or indirect financial gain for the contractor, other than the agreed upon compensation.

16. Contractors are required to disclose conflicts of interest to the County throughout the term of the engagement. In the event a conflict of interest arises during the performance of this contract during or beyond the contract period, written disclosure must be sent within five (5) business days. Such disclosures must be on Contractor’s official letterhead and submitted to the Managing Department and designated County representatives.

17. Proposals shall be submitted prior to the deadline established in this RFP and be clearly marked

"COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION"

18. All bidders are bound by the deadline and location requirements of this RFP. Late proposals will not be considered.

19. Proposing contractors are encouraged to add to, modify or clarify any of the scope of work items it deems appropriate to illustrate that it will prepare high-quality work products at the lowest possible cost. All changes should be listed and explained.

20. Bidders electing to respond to this RFP are responsible for all costs incurred in the preparation and submission of proposal; interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything related to this RFP. The County is not liable for any costs incurred by a bidder in response to this RFP, and the bidder (including all related parties) disclaims and voluntarily waives any and all rights to reimbursement for any such costs.

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 10 of 12

21. Proposals shall first be examined for completeness in meeting the terms and conditions of this RFP. Bids that are determined to meet said requirements will be given further consideration.

22. The County reserves the right to reject any and all proposals or any portion thereof and to select the RFP proposal that it judges to be in the best interest of the County.

23. The County reserves the right to modify or cancel this RFP and not award a contract if all proposals are evaluated and all are deemed as unsatisfactory. There is no guarantee that the County will place the requested services under contract.

24. If only one proposal is received, the County may initiate negotiations with the Contractor submitting the proposal or seek additional proposals on an informal or formal basis during the sixty (60) day period that proposals must remain effective.

*The County, at its option, may request an interview with finalist contractors prior to final selection. Contractors selected will be notified in advanced of the time and format of such interviews (see dates in section 2.1).

4.3 COST PROPOSAL/PAYMENT STRUCTURE

Each proposer shall complete all pages of the Fee Proposal (ATTACHMENT B).

Vendors shall submit itemized invoices upon delivery and acceptance of equipment, completion of installation, and/or fulfillment of scheduled maintenance services, as applicable. The County will compensate the Contractor after approving project submissions. Compensation will be withheld for incomplete or rejected submissions.

Payment terms are Net 30 days from the date of receipt of a valid, approved invoice. Vendors are responsible for ensuring invoice accuracy. Disputed invoices will be returned for correction and will not be subject to the Net 30 payment clock until a corrected invoice is received and approved. The County reserves the right to withhold payment, in whole or in part, for equipment or services that fail to meet the specifications outlined in this RFP and the resulting contract until such deficiencies are remedied to the County's satisfaction.

4.4 ADDITIONAL DOCUMENTS TO BE SUBMITTED

Checklist/Certification Form

(ATTACHMENT A) Professional/Goods/Service Entity Information Form

(ATTACHMENT B) Proposal Cost/Signature Form

(ATTACHMENT C) Non-Collusion Affidavit

(ATTACHMENT D) Disclosure of Ownership Form

(ATTACHMENT E) Insurance Requirement Acknowledgement Form

(ATTACHMENT F) Artificial Intelligence Disclosure Form

(ATTACHMENT G) Qualification Affidavit

(ATTACHMENT H) Submission Format

(ATTACHMENT I) Acknowledgement of Corrections, Additions or Deletions Form

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 11 of 12

(ATTACHMENT J) Statement of Indebtedness Form

(ATTACHMENT K) Agreement for Payment of Commodity/Service Form

(ATTACHMENT L) Letter of Intent

(ATTACHMENT N) Certificate of Good Standing/Subsistence Certificate

(ATTACHMENT Q) Diversity Business Enterprise Program Form (ATTACHMENT O) Political Contribution Disclosure Form (Pre-Award)

5. Evaluation, Review and Selection Process

5.1 PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE

RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal date. The owner will either award the contract within the applicable time period or reject all proposals.

The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days when the proposals of any respondents who consent thereto may, at the request of the owner, be held for consideration for such longer period as may be agreed.

5.2 REJECTION OF PROPOSALS

The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is properly qualified to carry out the obligations of the RFP and to complete the work contemplated therein. The owner reserves the right to waive any minor informality in the RFP.

5.3 EVALUATION PROCESS

An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements, determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria. The highest-ranking respondent(s) may be invited to give an oral presentation. A selected contractor will then be recommended to the governing body for award of contract, based on most advantageous price and other factors.

5.4 EVALUATION CRITERIA

All proposals will be reviewed and evaluated. If interviews are required, they are anticipated to be scheduled for October 12-16, 2026. The proposals will be reviewed by a committee composed of representatives from the Planning Department. An external peer review may also be conducted. The committee's selection of one applicant will be based upon several weighted criteria, including:

• Prior Instrument Installation Experience (75%) – Effort should be made to provide comparable examples of prior projects where technical devices were installed. Creative solutions for challenging installations should be noted. Stream gauge installation examples are preferred.

• Staff Capacity (25%) – The Contractor should indicate capacity for siting/locating collaborative effort as well as actual gauge installation.

The final selected applicant, or in the case of a tie, applicants will be requested to participate in contract negotiations. If for any reason it is impossible to reach agreement with the chosen applicants, negotiations shall be undertaken with other applicants in the order of their final ranking. A contract shall be proposed for award

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) Page 12 of 12 to the highest ranked applicant with whom agreement can be negotiated in accordance with the terms and conditions offered. The contract is subject to the approval of County Council and is effective only upon their approval.

5.5 TERM OF THE CONTRACT

The term of the contract shall be a one-year period. Commencing and ending on dates to be listed in fully executed contract (Refer to 2.14 Non-Allocation of Funding).

5.6 CONTRACT EXTENSION

Upon mutual agreement of the County of Delaware and the contractor, an extension for six additional months contract will be considered. The contemplated extension will be in accordance with the terms and conditions of the current contract.

5.7 NOTICE OF AWARD

The successful respondent will be notified of the award of contract upon a favorable decision by the governing body. The director of the managing department (Planning) may then prepare and submit necessary documents to the Department of Central Purchasing to generate a Purchase Order for the contractor.

***The County encourages proposals from small firms, DBE firms, minority firms and firms that have not previously performed work for the County.

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826)

ADDITIONAL DOCUMENTS TO BE SUBMITTED

ALL OF THE

FOLLOWING

DOCUMENTS

MUST BE

INCLUDED WITH

PROPOSAL

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) CHECKLIST

CHECKLIST

SUBMISSION DATE: September 28, 2026

The following items, as indicated below (x), shall be provided with the receipt of sealed submissions:

(Must be provided as part of Bid/RFP submission) (ATTACHMENT A) Professional/Goods/Service Entity Information Form ........................ _______X_______ (ATTACHMENT B) Proposal Cost Form ............................................................................. _______X_______ (ATTACHMENT C) Non-Collusion Affidavit ........................................................................ _______X_______ (ATTACHMENT D) Disclosure of Ownership Form ............................................................ _______X_______ (ATTACHMENT E) Insurance Requirement Acknowledgement Form ............................... _______X_______ (ATTACHMENT F) Artificial Intelligence Disclosure Form ................................................. _______X_______ (ATTACHMENT G) Qualification Affidavit ......................................................................... _______X_______ (ATTACHMENT H) Submission Format .............................................................................. _______X_______ (ATTACHMENT I) Acknowledgement of Corrections, Additions or Deletions .................. _______X_______ (ATTACHMENT J) Statement of Indebtedness .................................................................. _______X_______ (ATTACHMENT K) Agreement for Payment of Commodity/Service ................................. _______X_______ (ATTACHMENT L) Letter of Intent ..................................................................................... _______X_______ (ATTACHMENT N) Certificate of Good Standing/Subsistence Certificate ........................ _______X_______ (ATTACHMENT Q) Diversity Business Enterprise Program Form ...................................... _______X_______

(Must be provided prior to award of contract/agreement) (ATTACHMENT O) Political Contribution Disclosure Form ............................................... _______X_______

I certify that the listed appendices and information included on them, submitted by me are true and accurate.

Firm/Company: ___________________________________________ Date: _______________________

Authorized Representative (Print): _________________________________________________

Signature: ________________________________________ Title: _____________________

Telephone #: _____________________________ Fax #: _____________________________

Subscribed and Sworn to Before me This _______ day Of __________ 20____.

Notary Public of: _______________ My commission expires: _________

Place Notary Stamp Below:

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) ATTACHMENT A

ATTACHMENT A

PROFESSIONAL/GOODS/SERVICE ENTITY INFORMATION FORM

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826)

If the professional service Entity is an INDIVIDUAL, sign name and give the following information:

Name: ________________________________________________________________________ Address: ______________________________________________________________________ Telephone No.: _______________________ Social Security No.: _________________________ Fax No.: _____________________________ E-Mail Address: ____________________________ If individual has a TRADE NAME, give such tradename:

Trading As: _____________________________ Telephone: ____________________________

If the professional service Entity is a PARTNERSHIP, sign name and give the following information:

Name of Partners: ______________________________________________________________ Firm Name: ____________________________________________________________________ Address: ______________________________________________________________________ Telephone No.: _______________________ Federal I.D. No.: ____________________________ Fax No.: _____________________________ E-Mail Address: ____________________________ Social Security No.: ______________________________________________________________ Signature of authorized Agent: ____________________________________________________

If the professional service Entity is INCORPORATED, sign name and give the following information:

State under whose laws incorporated: ______________________________________________ Location of principal office: _______________________________________________________ Telephone No.: _______________________ Federal I.D. No.: _____________________________ Fax No.: _____________________________ E-Mail Address: ____________________________ Name of agent in charge of said office upon whom notice may be legally served.

Telephone No.: ___________________________ Name of Corporation: _________________________ Signature: _______________________________ By: _________________________________________

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) ATTACHMENT B

ATTACHMENT B – Page 1

PROPOSAL COST FORM/SIGNATURE PAGE

TO THE COUNTY OF DELAWARE COUNTY COUNCIL:

The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of Services attached, that he/she has determined the conditions affecting the proposal and agrees, if this proposal is accepted, to furnish and deliver services for the following:

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION

Attached, please find our total cost based on the necessity of each line item, the quality of the product, and the level of detail.

The following items are itemized for each major task:

o Hours of work and total cost.

o For each person assigned to work, the title/rank (organizational level) of the person in the organization, the hourly rate, and the number of hours to be worked.

o List of reimbursable expenses (direct costs) to be claimed.

o The itemized costs must be totaled to produce a proposal price. If awarded a contract, the Consultant is bound by this price in performing the work. The contract price may not be exceeded unless the contract is amended to allow for additional costs.

TOTAL PROPOSAL COST:______________________________________________

(Corporation)

The undersigned is a (Partnership) under the laws of the State of having its (Individual)

Principal office at

Company Federal I.D. # or Social Security #

Address

Signature of Authorized Agent Type or Print Name

Title of Authorized Agent Date

Telephone Number Email Address

Fax Number

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) ATTACHMENT B

ATTACHMENT B – Page 2

PROPOSING FIRM:

IF PROJECT INCLUDES HOURLY POSITIONS, CREATE A TABLE OR ADJUST THE ONE BELOW.

Hourly rates will be utilized for any authorized and approved additional services.

Do not provide a range. Include rates for positions shown. Add positions in spaces provided.

Employee Name Position Hourly Rate

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) ATTACHMENT C

ATTACHMENT C

NON-COLLUSION AFFIDAVIT

This Non-Collusion Affidavit is material to any contract/purchase order awarded pursuant to this bid. According to Section 4507 of Act 57 of May 15, 1998, 62 Pa. C.S,. ss 4507, governmental agencies may require Non- Collusion Affidavits to be submitted with any bids. By submittal of a bid for the above-referenced project and execution of this affidavit, the following statements are acknowledged:

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

• Neither the price(s), amount of this bid nor the approximate price(s) or amount of bid, have been disclosed to any other company or person who may be a Contractor or potential Contractor, nor will they be disclosed prior to this bid opening.

• No attempt has been made, or will be made, to induce any company or person to refrain from bidding on this contract or submit a proposal higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

• This bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from any company or person to submit a complementary or other noncompetitive bid.

• To my best knowledge, the Contractor, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

• The Contractor is not currently under suspension or review by the Commonwealth, or any other Federal, State or Local Governmental entity. If certification cannot be made, a written explanation to support the inability of providing such shall be submitted with this bid.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by:

(Name of Contractor)

Type Or Print Name and Title of Affiant Signature of Affiant

COUNTYWIDE NETWORK OF FLOOD/STREAM GAUGES INSTALLATION (eDPL-092826) ATTACHMENT D

ATTACHMENT D

OWNERSHIP DISCLOSURE CERTIFICATION

This Statement Shall Be Included with RFP Submission

NAME OF BUSINESS:

☐ I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.

OR

☐ I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.

OR

☐ I certify that there…