1-RFP 24-0925 Forensic Crime Lab Operation.pdf

County of Bucks Purchasing Department 55 East Court Street, Doylestown, PA 18901 Phone: 215-348-6372 | Email: purchasing@buckscounty.org

County Commissioners Robert J. Harvie, Jr., Chair

Diane M. Ellis-Marseglia, LCSW, Vice Chair Gene DiGirolamo, Secretary

Purchasing Director

David M. Bria

REQUEST FOR

PROPOSAL

Forensic Crime Lab Operation

Spec No: 24-09/25

Proposals due: 11:30 AM Eastern 09/22/2025

Table of Contents

1.0 Introduction

2.0 Background

3.0 Scope of Work

4.0 Projected Timetable

5.0 Contractor Responsibilities

6.0 County Responsibilities

7.0 County Rights and Authority

8.0 Proposal Procedures

9.0 Selection Criteria - Criteria for Evaluation

10.0 Method of Award

11.0 Interview/Presentation

12.0 Agreement

13.0 Term of Agreement

14.0 Required Format and Contents of Proposal

15.0 General Terms and Conditions

Exhibit A Insurance Requirements Exhibit B Information Technology Terms and Conditions Exhibit C Rules & Regulations for Outside Contractors

1.0 Introduction

The County of Bucks, Doylestown Pennsylvania (the County) is soliciting proposals for Forensic Crime Lab Operation from an independent contractor. Companies submitting proposals must have demonstrated experience in said services.

Throughout this document, the singular use of the words Company, Vendor, Contractor, Proposer or Offeror shall apply to the responders of this request for each service, or all services proposed.

2.0 Background

The Bucks County District Attorney's Office utilizes a third-party independent contract to oversee and manage the Bucks County Crime Laboratory. The Crime Lab provides aid in criminal investigations through timely, unbiased, high quality forensic services performed by trained experts using state-of-the-art instrumentation and scientific techniques. These services fall into two categories. The Crime Lab provides toxicological analysis of bodily fluid specimens for cases involving driving-under the influence of alcohol and drugs. It also provides drug identification and analysis for controlled substances in solid-dosage samples seized by law enforcement. The lab prepares reports and provides expert testimony in the courtroom for the purpose of criminal prosecution. This service is offered to all municipal police departments within Bucks County.

The County is soliciting proposals for the management of the Bucks County Crime Laboratory.

The proposer must be an ISO (International Standards Organization) accredited organization with the ability to track evidence, manage the scientific analysis, retain in an electronic format the findings of such analysis and prepare reports as required by the District Attorney and other law enforcement agencies. Organizations that are not ISO accredited will be disqualified. The proposed laboratory must be willing to work with the business practices of the Bucks County District Attorney's Office as they relate to the collection and introduction of evidence to the Crime Laboratory and Property Control.

3.0 Scope of Work

3.1 Any products and services that are not specifically addressed in this RFP, but are necessary to provide functional capabilities proposed by the proposer, must be included in the proposal.

3.2 The laboratory will provide the following testing for the County of Bucks. Volumes are for a typical 12-month period.

3.2.1 Blood alcohol analysis (approx. 900 samples)

3.2.2 DUID/DRE toxicology panels with alcohol (approx. 1,800)

3.2.3 LC/MS prescription drug add-on testing (approx. 200)

3.2.4 Drug identification (approx. 2,800 cases and 7,000 exhibits)

3.3 The proposed Forensic Laboratory will provide any additional I.T. and / or laboratory equipment necessary to provide services to the County of Bucks at its own expense.

3.4 There should be no interruption of service to the District Attorney's Office and / or the partnering law enforcement agencies.

3.5 The proposed Forensic Laboratory will be available and provide Expert Court testimony at the request of the Bucks County District Attorney's Office and / or any of the county's 39 law enforcement agencies.

3.6 The proposed Forensic Laboratory will accommodate the chain of custody requirements for evidence seized.

3.7 Create, maintain and provide Crime Laboratory reports for each test.

3.8 The selected proposer must be able to demonstrate a knowledge and experience in providing laboratory management takeover.

3.9 The proposer must have a plan in place and be ready to deploy the project within 4 weeks of the signing of the contract.

3.10 The proposer must be able to perform DNA testing and provide courtroom expert testimony.

3.11 The County of Bucks will maintain ownership of the building located at 850 Eagle Blvd., Warminster PA 18974.

3.12 The County of Bucks will maintain the physical exterior of the building which will include snow removal, lawn maintenance, plumbing and heating.

3.13 The proposer shall be responsible for the security of the operation.

3.14 Proposer shall be responsible for the purchase, installation and maintenance of all equipment necessary to run the Crime Lab.

3.15 The proposer shall prepare, provide and delivery approximately 3,500 Blood Alcohol Kits per year to six area hospitals and one police department within the County.

4.0 Projected Timetable

The projected timetable for this RFP is as follows. The County reserve the right to change or extend any of these dates as needed:

Issue Request for Proposal 08/15/2025 Mandatory Pre-Proposal Conference 08/28/2025 Deadline to Submit Questions 09/08/2025

Issue Final Addendum to RFP 09/11/2025 Proposals Due 09/22/2025

5.0 Contracted Company’s Responsibilities

5.1 The Company shall perform Forensic Crime Lab Operation services as specified in the

RFP, Contract, any addenda thereto, and agreed-upon information provided in the Proposal.

5.2 The Company shall provide and assign only individuals who have experience with Forensic Crime Lab Operation service to be provided. Company must also ensure individuals do not have a criminal record.

5.3 The Company shall perform all services in strict compliance with all Federal, State and Local laws, regulations, ordinances, and directives as they may pertain to said services.

6.0 County Responsibilities

6.1 Provide a designee to be the point of contact for all questions and/or request by the

Contractor.

7.0 County Rights and Authority

7.1 The County shall retain the right to inspect and review the Contractor's performance under this contract and to initiate action, within the terms of the contract that it deems necessary to assure Contractor compliance.

7.2 The County will review and approve, prior to any implementation, all recommended changes proposed by the Contractor.

8.0 Proposal Procedures

8.1 Pre-proposal Conference. A mandatory pre-proposal conference will be held to review the RFP and allow for questions to be asked. The mandatory pre-proposal conference will be held virtually commencing promptly at 1:00PM Eastern on Thursday, August 28, 2025.

Vendors must register for the meeting using the following URL:

https://buckscounty.webex.com/weblink/register/rd95b262d86191fa683a8651bac278d09

8.2 Questions. Questions regarding this RFP must be submitted to the solicitation on the PennBid website no later than 12:00 Noon Eastern Time, September 8, 2025.

8.3 Proposal Submission.

8.3.1 Proposals must be submitted electronically via PennBid no later than 11:30 AM, Eastern Time, September 22, 2025.

8.3.2 Proposals received after the time and date above will not be considered.

8.3.3 Proposals shall be submitted at no cost to the County and any proposal received shall remain the property of the County.

8.3.4 Proposers are encouraged to reply "comply", "comply with exceptions", "cannot comply" or "our alternative is..." to every requirement in this RFP.

8.3.5 The County reserves the sole right to waive technicalities contained in proposals.

8.3.6 The County reserves the right to reject any and all proposals.

8.3.7 Proposals submitted in response to this RFP must remain valid for a period of 365 days from the proposal submission date.

8.3.8 Disclosure of Proposal Contents.

All proposals/bids and other material submitted becomes the property of the County and may be returned only at the County's option. Information contained in the proposals/bids will not be disclosed during the evaluation process. Under Pennsylvania's "Right to Know" laws public records are required to be open to reasonable inspection and reproduction. All proposal/bid information, including detailed price and cost information, will be held in confidence during the evaluation process and prior to the time a Notice of Intent to Award is issued.

Thereafter all proposals/bids will become public information; subject to inspection and reproduction in accordance with the PA Right to Know Law (Act 3 of 2008), unless otherwise exempt under the Act. Copies of said public records may be made in the Purchasing Department at a cost to the requesting party of $0.25 per page.

Notwithstanding any terms or conditions contained herein, Consultant/Vendor agrees to comply with all Local, State and Federal laws and regulation.

Consultant/Vendor specifically agrees to produce all documents that may be subject to public disclosure pursuant to the Pennsylvania Open Records Law.

Material considered confidential by the proposer must be clearly identified and the proposer must include a brief statement justifying the basis for confidentiality and how this information meets the criteria of Section 102 of the PA Right to Know Law. It is the Vendor / Consultant’s duty and obligation to provide the County with a redacted copy of the proposal documents at the time of proposal submission, which it deems to be confidential and proprietary.

Failure to do so shall be deemed the Vendor / Consultant’s explicit consent for the County to provide an unredacted copy of the proposal in response to an applicable Right to Know request. The County reserves the right to request further information from the proposer regarding the basis for confidentiality and further reserves the right to make its own confidentiality determinations in compliance with the Right to Know Law.

Trade secrets and other proprietary data contained in a proposal may be held confidential if such data meets the definitions of confidential proprietary information and/or trade secrets under Section 102 of the Right to Know Law.

Material considered confidential by the proposer must be clearly identified and the proposer must include a brief statement that sets out the reasons for the confidentiality and how this information meets the criteria of Section 102 of the law.

8.4 Ambiguity, Conflict, or Other Errors in the RFP. Any ambiguity, conflict, discrepancy, omission or other error discovered in this RFP must be reported immediately in writing to the County of Bucks Purchasing Director, submitted to the solicitation on the PennBid website and a request made for specific modifications or clarifications.

8.5 Requests for Clarification. Any requests by the County for clarification of proposals shall be answered in writing and such requests should not alter the proposer's pricing information contained in its cost proposal.

9.0 Selection Criteria.

9.1 Mandatory Requirements.

9.1.1 Compliance with RFP instructions.

9.1.2 Attendance at the pre-proposal conference. Failure to attend the pre-proposal conference will result in disqualification of the response.

9.1.3 Contractor must hold accreditation in or by the following:

(A) ISO/IEC 17025:2017, Forensic Testing and Calibration and ABFT Forensic Toxicology Laboratory

(B) CAP ISO 15189

(C) CAP Laboratory Accreditation Program

(D) CLIA

9.2 The proposer will be selected based on their written proposal and any requested presentations. The County will assemble a committee for the purpose of evaluations.

The Selection Committee will review all proposals and make their recommendations for selection. The primary criteria used in making a selection will be as follows:

9.2.1 Proposer will have a clear understanding of the project; have a sound management approach and a viable plan. Proposer will have the ability to satisfy the stated requirements; service and support capabilities; proposer will have the ability to analysis the risks and have a method in place to implement a resolution if necessary.

9.2.2 Professional Qualifications: The organization must establish qualification to satisfactorily perform the work described. The following information must be provided in the RFP response:

(A) A summary description of the organization's history, including the date established;

(B) Dates of mandatory and any other accreditations, licensures, certifications, etc.

(C) Ownership (public, private, partnership, etc.)

(D) Number of personnel, full and part-time, that will be assigned by function to this project

(E) A description of the proposer's qualifications and experience

(F) Proposer may be required to furnish information supporting the capability to comply with the conditions of the proposal and fulfill the contract if receiving the award

(G) The proposer should provide documentation confirming their extensive laboratory management experience

(H) The proposer shall describe in detail its plan to maintain consultant continuity and communication with the Bucks County District Attorney's Office for the duration of the project. The plan shall describe the process for a timely and transparent takeover

(I) The proposer will exercise discretion and confidentiality at all times

(J) Proposer shall provide information on project phases as they are completed

(K) To ensure a smooth transition the County expects the provider to identify and communicate any and all project challenges immediately before they become critical items.

9.2.3 Excellence of Work Plan: Proposer shall develop detailed tasks on how the organization will complete the scope of work defined above. The report shall include needs, methods, milestones, end products and procedures. This report should also include a project schedule.

9.2.4 Knowledge of Conditions: Organizations that have demonstrated a familiarity with the management and/or takeover of Forensic Laboratories will be evaluated more favorably under this criterion.

9.2.5 Cost of proposal.

9.2.6 Results of reference calls.

9.3 Procedure. Submitted proposals will be reviewed by the Selection Committee. Proposers who are deemed, based on the selection criteria, fully qualified and best suited among those submitting proposals may be requested to participate in discussions regarding their proposals. Discussion will cover cost, methods of operation, and all other relevant factors.

9.4 At the conclusion of discussions, the proposers will be ranked based on selection criteria, and final recommendations will be submitted to the County Commissioners for consideration.

9.5 The Commissioners may request proposers participate in additional discussions regarding their proposals in order to make a decision on which proposer is offered a contract.

9.6 Contract negotiations will be conducted with the proposer chosen by the Commissioners. If a satisfactory agreement can be reached, the contract shall be awarded to the proposer; otherwise, negotiations will be conducted with a subsequent proposer until a satisfactory contract can be established or until the Commissioners determine that rejection of all proposals is in the best interest of the County.

10.0 Method of Award

10.1 The award will be made to the proposer whose proposal is determined to be professionally and technically complete. The selection process may, however, include a request for additional information or an oral presentation to support the written proposal.

10.2 The County reserves the right to award this contract not necessarily to the proposer with the lowest price, but to the proposer that demonstrates the best ability to fulfill the requirements of the RFP. The successful proposer will be chosen based on the qualifications and selection criteria discussed in the proposal.

10.3 The successful proposer shall commence work only after the transmittal of a fully executed contract and after receiving written notification to proceed from the County. The successful proposer will perform all services indicated in the proposal in compliance with the negotiated contract.

10.4 The County reserves the right to reject any or all proposals for any reason, in whole or in part, received in response to this RFP. The County will not pay for any information herein requested, nor is it liable for any costs incurred by the proposer. Proposers whose proposals do not meet the mandatory requirements will be considered non-compliant.

After the evaluation of the proposals and selection of the successful proposer, all proposers will be notified in writing of the selected vendor.

11.0 Interview/Presentation

The County reserves the sole right, in the best interest of the County, upon review of proposals, to do any of all of the following:

11.1 Request and obtain additional information and/or clarification from prospective proposers.

11.2 Request and schedule proposer(s) to meet and schedule at a designated time, date, and county location for an interview and/or presentation.

12.0 Agreement

12.1 The County reserves the sole right to offer and enter into an agreement with the successful proposer.

12.2 The successful proposer agrees to sign a written Agreement including terms and conditions as specified in this RFP. The County reserves the right to change, add and/or delete terms as determined to be in its best interest.

12.2.1 Contractor agrees to comply with the terms and conditions set forth in its proposal dated (date of proposal), as well as all requirements of the RFP and any addenda thereto; pertinent portions of the proposal submitted by the successful proposer; and any negotiated additions or changes to the received proposal all of which are incorporated herein by reference as though fully set forth at length.

12.2.2 The contract sum shall be (awarded amount) as indicated in the Contractor's executed Proposal. Said prices shall be the total compensation paid by the County to the Contractor including all related incidental work thereto.

12.2.3 Contractor further agrees to indemnify and save harmless the County from any and all actions, claims and demands whatsoever that may result from Contractor's use of any facilities owned by the County does further agree to repair any damage to the County-owned property caused by Contractor's negligence or willful actions and the Contractor shall further supply the necessary insurance's as set forth in this proposal.

12.2.4 The parties hereto do hereby agree that they shall comply with all conditions and provisions of the specifications whenever such specifications are not inconsistent with the terms and provisions of this Agreement, and do hereby agree to execute all documents, agreements, and other papers related hereto and in form satisfactory to the County.

12.2.5 HOLD HARMLESS CLAUSE. In the event that any of the insurance hereinbefore provided shall not, by reason of any act, omission or negligence of the Contractor be procured or kept in full force and effect, the Contractor shall indemnify defend & save harmless the County against losses, claims and demands to the same extent as the County and the County would have been indemnified by each insurance if it had been in full force and effect. The Contractor shall also indemnify defend & save harmless the County against any and all losses, claims and demands to the extent that they are not recoverable under each insurance policy solely because of a deductible franchise or average provision therein and to the extent that the proceeds of insurance collections from underwriters are reduced by any customary brokers' commissions.

12.2.6 SUITS AND CLAIMS. The Contractor agrees to indemnify, defend, and save harmless the County and all the officers and subordinates, from all suits and actions of any name, nature, and description brought against them or any of them for or on account of any damages or loss sustained by any party through the Contractor or his agents, servants, or employees in the performance or subsequent to the completion of the work under the contract whether such injury or damages be due to negligence or the inherent nature of the work. It is not the intention of this Section or anything herein provided to confer in a third party beneficiary a right of action upon any person whatsoever and nothing hereinbefore or hereinafter set forth shall be construed so as to confer upon any person other than the County a right of action either under this contract or in any manner whatsoever.

12.2.7 The agreement must be signed by authorized representatives of the Contractor and the Bucks County Board of Commissioners.

12.3 The Agreement must incorporate, in order or precedence, the following:

12.3.1 The Agreement.

12.3.2 The County Request for Proposal (RFP) and addenda thereto.

12.3.3 Pertinent portions of the proposal submitted by the successful proposer.

12.4 The successful proposer who is presented an agreement is required to sign and have witnessed three original agreements. The agreements shall be presented to the Bucks County Commissioners for consideration and/or approval. Upon Commissioners approval and signature, an original agreement shall be forwarded to the successful proposer.

13.0 Term of Agreement

The term of agreement shall be agreed upon with the successful Proposer and commence upon approval of an agreed upon contract by the Bucks County Commissioners. The County reserves the right to negotiate and change terms and conditions as necessary in the best interest of the County.

14.0 Required Format and Contents of Proposal

All proposals submitted must contain, at a minimum, the following information in the format and order set forth below:

Please Note: The County reserves the sole right to reject any proposal received that is not in the format required. All respondents must respond to the following items in the order listed below.

Responses should be well thought out, thorough and concise. Clarity and brevity will be viewed favorably.

14.1 Cover Letter. A cover letter transmitting the proposal to the County on company letterhead, signed by an official authorized to contract for the firm. The letter must contain the following: Name, title, address, telephone number, and email address of the company's contact person for the proposal; a statement that the proposer understands and agrees with the scope of services and accepts all other requirements, terms, and conditions of the RFP; and identify all materials and enclosures being forwarded in response to the RFP.

14.2 Table of Contents. Provide a listing of all major topics, their associated section number, and starting page number.

14.3 Firm Description. Provide an overview of your firm. Include the location of your firm's headquarters and the location of the office that will serve the County.

14.4 Key Personnel. List the key personnel in your firm who will assume day-to-day responsibilities for managing this contract. Indicate the specific responsibilities of individuals to be assigned to this project and include brief resumes for those individuals.

All individuals assigned to the County must have at least demonstrated experience in disciplines as outlined above. No changes to assigned personnel during the term of the appointment will be permitted without the prior consent and written approval of the County.

14.5 General Disclosure.

14.5.1 Over the past five years, what other Forensic Crime Lab Operation have any principal members of your firm who will be assigned to the County account been involved with managing? Please describe the relationship.

14.5.2 Have any principal members of your firm, over the past five years been engaged in any business activities, which could be construed as a conflict of interest as respect to their involvement with this contract?

14.5.3 Have any principal members of your firm, over the past three years, been named in any legal action(s), investigations or other actions which could materially affect your firm's ability to perform the duties listed in the Scope of Services?

14.6 Description of Services. Provide a detailed description of the specific services to be provided, including whether County employees are needed to participate and if so the extent at which their participation is needed, and the timing and length of this process.

14.7 Relevant Experience. All respondents are expected to be qualified with specific and/or relevant experience in Forensic Crime Lab Operation services. As such, all proposals must include the qualifications and relevant experience of the respondent's personnel including, but not limited to, industry experience. Offeror must have a minimum of 5 years’ experience providing said services.

14.8 Subcontractors. The respondent is to provide the names and addresses of all subcontractors that will be involved in this contract.

14.9 References. List at least three (3) current references for which services were provided that are similar in size and scope to this Request for Proposal. For each reference, provide the client's name, address and contact person and telephone number.

14.10 Current Contracts. Provide a list of contracts you have engaged within the last three years.

14.11 Financial Statement. Describe your firm's current financial condition and submit your most recent audited financial statement. This is a requirement of the RFP. All financial statements are considered Confidential Information under the PA Right to Know Law and are not public information that can be turned over to anyone making an Open Records Request to the County. RFP Responses submitted without your firm's most recent audited financial statement may not be considered for award.

14.12 Cost. In a separate electronic document, provide your cost proposal detailing your fee structure. Please include whether or not you will accept a credit card to pay the invoices issued for this contract.

14.13 Additional Items/Services Offered. Please provide with your proposal, any additional item(s) or services that your organization can provide at no additional cost to the County.

15.0 General Terms and Conditions

15.1 Independent Capacity of Contractor. The Contractor, its employees and agents, are not deemed to be employees of the County in any manner whatsoever and shall act in an independent capacity and not as officers, employees, or agents of the County.

15.2 Prohibition Against Assignment. The Contractor shall not assign any part of this Agreement without prior written approval of the County.

15.3 Contract Modification, Amendment, and Termination.

15.3.1 This document and all attachments, which have been incorporated by reference, contain all terms, provisions and conditions of the Agreement. All provisions thereof are intended by the parties to be whole and entire

15.3.2 Any alteration, variation, modifications, or waiver of any provision of the Agreement shall be valid only when reduced to writing, duly acknowledged by the parties hereto by execution of an addendum, which shall be attached to and become part of this Agreement.

15.3.3 The County reserves the right to suspend, revise, or withhold funds in whole or part for reasons of noncompliance with the terms and provisions of this Agreement.

15.3.4 In addition, the County may terminate this Agreement at any time, upon 10 days written notice delivered by certified mail or in person in which case equitable adjustment will be made for work satisfactorily performed up to the date of notice of termination.

15.4 Confidential Information.

15.4.1 All Information contained in the files of County of Bucks and all departments thereof is considered "Confidential Information". "Confidential Information" means any and all information, data, documents, files and records disclosed to the Contractor by the County either directly or indirectly in writing or orally.

Confidential Information does not include any of the foregoing items which (i) is known to Proposer at the time of disclosure to Proposer by the County as evidenced by written records of the Proposer, (ii) has become publicly known and made generally available through no wrongful act of Proposer or (iii) has been rightfully received by Proposer from a third party who is authorized to make such disclosure.

15.4.2 Proposer agrees not to use any Confidential Information disclosed to it by the County for its use or for any purpose except to carry out discussions concerning, and the undertaking of, any business relationship between Proposer and the County to third parties or to employees of Proposer except employees who are required to have the information in order to carry out the discussions or intentions of the aforementioned relationship. Proposer will have or has had employees who have access to Confidential Information of the County sign a nondisclosure agreement in content substantially similar to this Agreement and will promptly notify the County in writing of the names of each such employee upon the request of the County at any time. Proposer agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the County in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized hereunder to have any such information, which measures shall include the highest degree of care that Proposer utilizes to protect its own Confidential Information of a similar nature. Proposer agrees to notify the County promptly in writing of any misuse or misappropriation of Confidential Information of the County which may come to Proposer's attention.

Proposer also agrees that, without the County's prior written approval, Proposer shall not directly or indirectly disclose to anyone the existence of this Agreement or the fact that Proposer has this arrangement with the County.

15.5 Hold Harmless. It is understood that the Contractor is an independent contractor in respect to its performance under this Agreement, and shall assume all risks and responsibilities for losses of every description in connection with the service, which can be attributed either directly or indirectly to the Contractor. The Contractor agrees to indemnify, defend, and save harmless the County, its agents and employees for or on account of any damages or loss, including the cost of litigation or legal counsel resulting directly or indirectly from the actions of the Contractor in fulfilling the terms of this Agreement.

15.6 Surety.

Surety is not required for this contract.

15.7 Insurance and Taxes.

15.7.1 The Contractor shall perform its services under this Agreement, as an independent Contractor and shall insure, as they may appear, the interests of all parties to this Agreement against any and all claims which may arise out of Contractor's operations under the terms of this Agreement

15.7.2 Contractor will provide original certificate(s) of insurance made out to the County of Bucks showing all insurance coverage carried by Contractor upon submission of a signed Agreement to the County. The Agreement will not be approved by County if a certificate is not present. If, during the term of the Agreement, coverage should expire, the County may withhold payments until the Contractor submits a new certificate reflecting the new policy coverage dates.

15.7.3 At a minimum, the Contractor must carry at least the coverage described in Exhibit A.

15.7.4 The Contractor hereby expressly waives any immunity under the Workers' Compensation Act, either as an employer or statutory employer, for any claim brought by the County. This waiver is intended to comply with the provisions of Section 303(b) [77 P.S. @ 481(b)] of said act.

15.7.5 Contractor shall accept full responsibility for the payment of premiums of all insurance, as well as for social security taxes, income tax deductions, and any other taxes or payroll deductions required by law for Contractor or Contractor's employees who are performing services pursuant to this Agreement.

15.8 Familiarity with Proposed Work. Contractor certifies that he has carefully considered the work proposed and the RFP to determine for himself the difficulties and requirements incidental to the prosecution of the work, and that the submission of a proposal is considered conclusive evidence of such examination.

15.9 Sole Contractor. The Contractor agrees that he and only he shall be the County's sole contractor under this Agreement.

15.10 Non-Discrimination/Sexual Harassment Clause.

15.10.1 The Contractor agrees to comply with all applicable State and Federal laws, regulations, procedures, and orders, which protect the civil rights of employees, job applicants, and recipients of services.

15.10.2 The Contractor expressly agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act of 1990, and all other applicable Federal, State, and/or Local Laws, ordinances, rules and regulations and orders prohibiting discrimination in hiring or employment opportunities. It shall not be an excuse for non- compliance that the Contractor has or intends to delegate any of its responsibilities to any union, training program, other source of recruitment or other entity, but Contractor shall remain primarily responsible for compliance hereunder.

15.11 Certification Regarding Impartiality and Conflict of Interest.

15.11.1 The Contractor certifies that he is a totally independent contractor and that to the best of his knowledge, no County official or employee has a vested interest, financial or otherwise, in this Agreement.

15.11.2 The Contractor will inform the County in writing immediately if any potential conflict of interest arises during the performance of this Agreement. Conflict of interest may constitute grounds for termination of this Agreement following notification by County to Contractor (allowing Contractor a reasonable opportunity to respond) where same is not corrected by Contractor within a reasonable time period after notice.

15.11.3 The Contractor shall not discriminate against any person because of race, color, religious creed, ancestry, national origin, age, sex, gender identity, sexual orientation, or handicap.

15.12 Immigration Reform and Control Act of 1986. Contractor recognizes its responsibilities to assure identity and employment eligibility of its own employees under the Immigration Reform and Control Act of 1986 and any record acquisition and retention requirements under the Act.

15.13 Statutes Applicable to this Agreement. Contractor is responsible for familiarity and compliance with all statutes that apply to their performance under their agreement.

15.14 No Arbitration Clause. The Contractor/Engineer agrees that no bid documents prepared for the County will include Arbitration Clauses.

15.15 Information Technology Policies. Contract shall comply with the terms and conditions contained in Exhibit B.

15.16 Rules and Regulations for Outside Contractors. It is the practice of Bucks County to require outside contractors to abide by established safety rules and regulations designed to protect our personnel and facilities. The intent of this procedure is to provide sufficient information to allow our contractors to conduct business in all County facilities in a safe and professional manner. See Exhibit C for the County’s Rules and Regulations for Outside Contractors.

EXHIBIT A

INSURANCE REQUIREMENTS

The vendor awarded this contract is required to provide a Certificate of Insurance that contains a minimum of the following coverage and limits:

1. Commercial General Liability - (policy to include premises and operations, products/completed operations and blanket contractual liability- the contractual section of the coverage must cover this agreement) Limits apply on a per project / per location basis.

General Aggregate Limit $2,000,000.

Products and Completed Operations Aggregate Limit $2,000,000.

Each Occurrence Limit $1,000,000.

2. Automobile Liability to include owned, non-owned and hired vehicles:

Combined Single Limit $1,000,000

3. Excess Liability coverage is to be in an umbrella form, Any restrictions or limitations in coverage should be specified on the certificate of insurance.

Each Occurrence $1,000,000.

Aggregate limit $1,000,000.

Workers Compensation and Employer's Liability: Statutory

Bodily Injury by Accident $ 100,000. each accident Bodily Injury by Disease $ 100,000. each employee Bodily Injury by Disease $ 500,000. policy limit

4. Professional Liability, Errors and Omissions

Each Jobsite Limit $1,000,000.

General Aggregate Limit $2,000,000.

5. A waiver of subrogation applies to all Liability policies where allowed by law.

6. Additional Insured applies in the County’s favor and shall read:

The County of Bucks, its Board of Commissioners, employees, directors, officers, departments and divisions shall be included as additional insured on all Liability Policies on a primary and non-contributory basis with respect to the work performed for this contract.

7. Cancellation Clause- must read:

Should any of the above-described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.

8. Certificate Holder:

County of Bucks Board of Commissioners, Attn: Office of the Controller, 55 East Court Street, Doylestown, PA 18901

EXHIBIT B

INFORMATION TECHNOLOGY

TERMS & CONDITIONS

1. Data Ownership: Vendor and County agree that all data created as a result of this Agreement, amendments thereto, and related Statements of Work (“SOW”) shall be owned by County. Vendor will provide to County, at termination of this agreement, a copy of requested data in a mutually agreeable form without additional cost to the County.

2. Confidentiality: Vendor will not use or disclose any County data other than as permitted or required by the underlying SOW or as required by law.

3. Safeguards: Vendor agrees to maintain commercially reasonable administrative, physical, and technical safeguards designed to protect security and confidentiality of and prevent use or disclosure of County data.

4. Effects of Disclosure: Vendor agrees to mitigate, to the extent practicable, any harmful effect that is known to Vendor of a use or disclosure of County’s data by Vendor or its agents, subcontractors in violation of the requirements of the underlying SOW.

5. Provider Data Use: Except as otherwise limited in the underlying SOW, Vendor may use or disclose County data to perform functions, activities, or services for, or on behalf of the County, as specified herein.

6. County Logo: Vendor agrees not to use County logo or otherwise publicize its relationship with the County in any of its marketing material without County’s written consent.

EXHIBIT C

RULES AND REGULATIONS

FOR OUTSIDE CONTRACTORS

PRACTICE

It is the practice of Bucks County to require outside contractors to abide by established safety rules and regulations designed to protect our personnel and facilities. The intent of this procedure is to provide sufficient information to allow our contractors to conduct business in all County facilities in a safe and professional manner.

PROCEDURE

A. The General Services Department shall communicate the safety rules and regulations for outside contractors to the contractor or his representative prior to the beginning of work, and inform the contractor that violation of these rules and regulations by the contractor may be grounds for cancellation of the Agreement by the County Commissioners or the Chief Operating Officer.

B. All threats to safety involving outside contractors must be reported to the General Services Department.

C. Bucks County Purchasing Department or requesting department, shall send a copy of this procedure to all contractors as part of any bid or quote package issued.

D. The contractor must notify the General Services Department by phone at 215-345-3950 before starting work at any County facility.

RULES

A. The contractor is responsible for adherence to existing local, state and federal codes and regulations.

B. Personal vehicles may be parked in designated areas; all parking regulations as posted must be observed.

C. The possession of any type of weapon on county property is prohibited. The contractor shall not allow his employees to work under the influence of narcotics or intoxicating beverages.

D. Fighting, horse-play and running are prohibited within the entire facility.

E. Smoking is not permitted.

F. Before starting any excavation the contractor must consult with the General Services department for all known underground utilities. The contractor is also responsible to schedule a PA one Call before starting any work. All open pits and excavated areas must be properly protected at all times. Barricades, identification signs or other warning devices must be used at these hazardous locations when no work is being performed.

G. The treatment of injuries sustained by the contractor’s employees shall be the responsibility of the contractor.

H. Regardless of the type of fuel used, all fuel-driven machines must be shut down for refueling.

I. Gasoline powered trucks must be equipped with a spark-arrester on tail pipe. No riders, other than the driver, are permitted on either empty or loaded trucks. Refueling must be done outside the building.

J. Adequate and proper eye protection such as safety glasses, face shields or goggles must be properly worn at all times when work offers an eye injury exposure. Safety glasses must also be worn in any posted area requiring their use.

K. Oily or otherwise dirty disposable wiping cloths must be deposited in closed covered containers.

L. Housekeeping is the contractor’s responsibility. Clean-up of the respective working areas must be accomplished at the end of the day or shift or more often if an unusual hazard is created.

M. Bulk storage of flammable liquids must be kept outside of buildings. No more than one day's working supply should be inside the building at any time and they must be kept in properly labeled self-closing covered safety containers.

N. Dunnage, binding wire, metal strapping and other types of debris must be cleaned up immediately after use and taken to designated collection areas. At no time shall scrap be permitted to remain in aisles and areas where it could become a "tripping" or a "slip and fall" hazard.

O. Aisles, exits, walkways and fire protection equipment must be maintained free from obstruction at all times. Fire doors must not be blocked or fastened open. Wires, cables or hoses, etc. shall not pass through a doorway and prevent the fire door from closing completely.

P. Adequate fire protection must be provided at every job site where flame and spark producing equipment is used. This equipment must be inspected by the contractor before it is used to ensure that it is in good working order. A Cutting and Welding Permit must be secured from the General Service Department before starting such work.

Q. General Services, in conjunction with the Fire Marshal’s Office shall show the contractor the various methods of transmitting fire alarms within the facility. It is the responsibility of the contractor to familiarize his employees with these methods.

R. When welding and/or cutting are done in storage rooms, flammable liquid area and vapor degreaser areas, the flammable material must be adequately covered with flame retardant tarpaulins. While the cutting and/or welding is being done, at least one person must be stationed in the immediate area with a suitable fire extinguisher.

S. When cutting, welding or grinding work is to be done in the immediate vicinity of county employees, adequate screen protection from flying objects must be provided.

T. If and when it becomes necessary to use a fire extinguisher, it must be reported immediately to the General Services Department.

U. All ladders must be substantially built, free of defects and provided with the necessary safety equipment. Extension ladders, while in use, must be securely fastened to prevent them from falling or skidding. Aluminum ladders are not permitted.

V. Acetylene, oxygen, nitrogen and other compressed gas cylinders must be securely fastened in an upright position.

W. Contractors must store gas cylinders in a specified location. After completion of the work, the contractor is responsible for the removal of all his gas cylinders.

X. Any spillage, regardless of its nature, must be cleaned up immediately.

Y. Safety guards or other devices shall not be removed from tools or equipment except for repairs and must be replaced upon completion of repair.

Z. Scaffolds planks, ladders, ropes, ground wires, etc., shall be inspected by the contractor and replaced if they prove to be defective.

AA. Hard hats should be worn when overhead work is being performed.

BB. Temporary wiring must be properly insulated and substantially supported.

CC. If work necessitates the turning off of any portion of the sprinkler systems or power, General Services Department in conjunction with the Fire marshal’s Office, must be notified 24 hours prior to these systems being turned off or on.

DD. It is the responsibility of the contractor to see that only authorized, qualified (licensed if required) personnel use power actuated (stud) tools. Adequate shields to lessen the danger of flying materials must be erected if work is done in close proximity to county employees.

EE. It is the responsibility of the contractor's representative to familiarize himself with the building or work area layout and to instruct employees in the location of emergency exits and evacuation routes.

FF. The contractors’ employees will be permitted access only to those areas necessary for the performance of contractual work. Under no circumstances are the contractor’s employees allowed to tour or roam around the facility or enter areas not necessary for the performance of their work.

GG. “Strike anywhere” matches are not permitted.

HH. All personnel must wear shirts with sleeves that cover the shoulders and pants that cover the entire leg to the ankle.

II. At no time is work permitted with materials that the employee does not understand or are not aware of the hazard. The contractor is required to have Material Safety Data Sheets for all materials.