5-Information for Prospective Respondents.pdf

Information for Prospective

Respondents Proposals must be either 1) submitted electronically through the Bonfire portal (sussex.bonfirehub.com), or 2) enclosed in a sealed envelope bearing the name and address of the Respondent with the name of the proposal on the outside of the envelope.

Proposals are due on or before the due date (indicated on the Cover Page).

If submitted by mail or hand-delivery, the Respondent’s sealed proposal must be submitted to the Office of Central Purchasing, Sussex County Administrative Center, First Floor, 1 Spring Street, Newton, NJ 07860.

If submitted by mail or hand-delivery, no responsibility will be attached to any person or persons for the premature opening of any proposal not properly addressed and identified. The County of Sussex is not responsible for any proposal that is hand-delivered to anyone other than employees of the Office of Central Purchasing.

All questions/inquiries concerning this proposal must be made via the Bonfire portal. Any addenda will be posted on the Bonfire portal.

Respondents are prohibited from communicating with any other employee or representative of the County or representative of the proposal review process with regard to this proposal application, other than those stipulated herein.

The Proposal Forms Pages must be submitted in ink, typewritten, or electronic form only. The County reserves the right to reject any penciled documents or forms. Any erasures or changes must be initialed in ink by the respondent.

Pages included in the “Required Forms” document must be submitted in their entirety, completed and signed with signatures on the pages, as required by the Respondent Checklist.

If any challenges, discrepancies or omissions appear in the Proposal Package, the respondent must notify the Office of Central Purchasing, in writing, of any such challenge, discrepancy or omission a minimum of three (3) business days prior to the proposal opening. If notice is late, there will be no consideration for said notice.

• “BC” section is specific for Building Construction Projects

• “RBC” section is specific for Road and Bridge Construction Projects

The County of Sussex proposal package is broken down into sections:

Specifications Section (White Packet) Respondent should retain these sections for their records. This section includes the following:

The “IR” section provides respondents with general information about the proposal procedures;

the how, when and where the proposal needs to be submitted.

Purchasing Requirements Section The “PR” section includes General Terms and Conditions, New Jersey State Law Requirements and the Supplemental Terms and Conditions of the proposal. Respondents should retain this section for their records.

Technical Specifications.pdf The “TS” section includes the Technical Specifications (if applicable Supplemental Instructions to Bidder), Certification of Insurance Determinations, and the Mandatory Equal Employment Opportunity Language. This section may also incorporate professionally prepared sections into the proposal. Respondents should retain this section for their records.

County Cooperative Contracts Purchasing System Section (if applicable) The “CC” section provides the respondent the option to extend the Contract to local Contracting Units. If the respondent decides to extend the contract, it is to be the same requirements, specification, pricing and terms/conditions as the County contract. The County will not bypass a respondent for not extending the contract.

Required Forms.pdf Documents that must be submitted with the proposal. The Respondent Checklist will indicate the required documents to either be submitted or have receipt acknowledged.

Form 1 - Pricing Proposal.pdf Document that must be submitted on the provided form.

For Federally Funded Projects (if applicable)

The "FC" section includes Federal Contract Provisions.

For Construction Projects (if applicable)

Construction Project Section The section of the proposal is the Construction Terms and Conditions section. This section may also incorporate professionally prepared sections into the proposal. The Proposal will include additional Construction sub-sections, depending upon the type of construction project:

PURCHASING REQUIRMENTS 2026

GENERAL TERMS AND CONDITIONS as per Local Public Contracts Law (LPCL)

The County of Sussex operates under the requirements of N.J.S.A. 40A:11-1 et seq. commonly known as the Local Public Contracts Law. This Law and its associated Regulations and Finance Notices will take control (if a conflict occurs) over any other statute, technical specification, special requirement, AIA document, or NJ Department of Transportation Standard Specifications.

In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require.

Notwithstanding any language, term or definition in this proposal package, drawings, addendums or attachments; the successful respondent (who is awarded and enters into a contract with the Board of County Commissioners) will be responsible for the faithful performance of the entire contract described herein.

The successful respondent will not construe anything contained herein to be limiting on their responsibility to provide or have provided all work, materials and warranties as required.

DEFINITIONS:

Bid means a sealed proposal received only after the drafting of specifications, public advertising, public receipt of sealed responses, review and evaluation in accordance with the laws and rules governing New Jersey public procurement and awarded to the lowest responsible respondent by the governing body.

Bid Threshold means the dollar amount set in N.J.S.A. 40A:11-3 above which a contracting unit will advertise for and receive sealed proposals.

Bidder/Respondent is an individual, firm or corporation submitting a proposal for the advertised work.

Competitive Contracting means contracting for specialized goods and services in which formal proposals are solicited from respondents; formal proposals are evaluated by the purchasing agent, counsel or administrator;

and the governing body awards a contract to a respondent(s) from among the formal proposals received.

(N.J.S.A. 40A:11-4.1 through 11-4.5)

Contract means any agreement, including but not limited to a purchase order or a formal agreement, which is a legally binding relationship, enforceable by law, between a respondent who agrees to provide or perform goods or services and a contracting unit which agrees to compensate a respondent, as defined by and subject to the terms and conditions of the Contract. A Contract also may include an arrangement whereby a respondent compensates a contracting unit for the respondent’s right to perform a service, such as, but not limited to, operating a concession.

Contracting Agent means the governing body of a contracting unit, or its authorized designee, which has the power to prepare the advertisements, advertise for and receive proposals and, as permitted by this act, make awards for the contracting unit in connection with purchases, contracts or agreements.

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Contracting Unit means the County of Sussex, or in the case of a cooperative Contract, any authorized or participating political sub-division.

Contractor is the individual, firm, partnership, corporation, or any acceptable combination thereof contracting with the County for performance of the Contract. For the purpose of carrying out the Contract, it also means the Contractor’s representative.

Goods and/or Services means any work, labor, commodities, equipment, materials or supplies of any tangible or intangible nature, except real property or any interest therein, provided or performed through a contract awarded by the contracting agent, including goods and property subject to N.J.S.12A: 2-101 et seq. (Uniform Commercial Code – Sales)

Governing Body means the Board of County Commissioners of the County of Sussex. The Board of County Commissioners can also be referenced as the "Board"; the "Owner"; the "County"; the "County of Sussex"; or the "Governing Body".

Lowest price means the least possible amount that meets all requirements of the request of a contracting agent.

Lowest responsible respondent means the respondent: (a) whose response to a request for proposals offers the lowest price and is responsive; and (b) who is responsible.

Named Subcontractor refers to those subcontractors required to be named or listed according to the Local Public Contracts Law. The term will also refer to those subcontractors required to be registered by the Department of Labor at the time of proposal, but allows a respondent to submit proof of registration prior to Contract award. Specifically according to N.J.S.A. 40A:11-16 these named subcontractors are: (1) plumbing and gas fitting and all kindred work; (2) steam power plants, steam and hot water heating and ventilating apparatus and all kindred work; (3) electrical work; (4) structural steel and ornamental iron work.

Proposal means a sealed proposal received only after the drafting of specifications, public advertising, public receipt of sealed responses, and review and evaluation in accordance with the laws and rules governing New Jersey public procurement.

Proprietary means goods or services of a specialized nature, that may be made or marketed by a person or persons having exclusive right to make or sell them, when the need of such goods or services has been certified in writing by the governing body of the contracting unit to be necessary for the conduct of its affairs.

Public Works means building, altering, repairing, improving or demolishing any public structure or facility constructed or acquired by a contracting unit to house local government functions or provide water, waste disposal, power, transportation, and other public infrastructures.

Purchase means a transaction, for valuable consideration, creating or acquiring an interest in goods, services and property, except real property or any interest therein.

Purchasing Agent means the individual duly assigned authority, responsibility, and accountability for the purchasing activity of the contracting unit, and who has such duties as are defined by an authority appropriate to the form and structure of the contracting unit, and P.L. 1971, c. 198 (C. 40A:11-1 et seq.).

Purchase order means a document issued by the contracting agent authorizing a purchase transaction with a respondent to provide or perform goods or services to the contracting unit, which, when fulfilled in accordance with the terms and conditions of a request of a contracting agent and other provisions and procedures that may

Page #PR-2 of 20 be established by the contracting unit, will result in payment by the contracting unit.

Responsible means able to complete the contract in accordance with its requirements, including but not limited to requirements pertaining to experience, moral integrity, operating capacity, financial capacity, credit, and workforce, equipment and facilities availability, as set forth in the specifications.

Responsive means conforming in all material respects to the terms and conditions, specifications, legal requirements, and other provisions of the request.

Service(s) means the performance of work, or the furnishing of labor, time, or effort, or any combination thereof, not involving or connected to the delivery or ownership of a specified end product or goods or a manufacturing process. Service or services may also include an arrangement in which a respondent compensates the contracting unit for the respondent’s right to operate a concession.

Subcontractor means any individual, firm or corporation, other than an employee of the Contractor, who contracts with the Contractor or any other subcontractor to furnish labor or labor and materials at the site of the project or materials worked to a special design or specially fabricated according to drawings, and/or specifications. Nothing herein, however, will be construed as establishing any contractual relationship between the Owner and any subcontractor.

Sub-subcontractor or Lower tier contractor refers to those contractors that are not required to be listed by the Local Public Contracts Law or registered by the Department of Labor prior to the bid opening date and time. However, the County of Sussex may require disclosure of some of these sub-subcontractors according to locally adopted policy.

Termination A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the owner shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the owner of any obligation for balances to the contractor of any sum or sums set forth in the contract. Owner will pay only for goods and services accepted prior to termination.

B. Notwithstanding the above, the contractor shall not be relieved of liability to the owner for damages sustained by the owner by virtue of any breach of the contract by the contractor and the owner may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the owner from the contractor is determined.

C. 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.

D. In case of default by the contractor, the owner may procure the goods or services from other sources and hold the contractor responsible for any excess cost.

E. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the owner reserves the right to cancel the contract.

F. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, novation, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s)

Page #PR-3 of 20 will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the Owner.

G. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the owner.

H. The owner may terminate the contract for convenience by providing 60 calendar days advanced notice to the contractor.

I. The contractor shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

J. For contracts that exceed one year, each fiscal 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 bidder awarded the contract (contractor) hereunder, whether in whole or in part, the owner at the end of any particular fiscal 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 the contract during the term, or any service hereunder, merely in order to acquire identical services from another contractor.

K. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of a contract if the fulfillment of any term or provision of the contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of the contract is delayed or prevented by any court order, or action or injunction or other such agreement, the contract shall become voidable by the owner by notice to the parties.

Work includes services and any other activity of a tangible or intangible nature performed or assumed pursuant to a contract or agreement with a contracting unit.

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NEW JERSEY STATE LAW REQUIREMENTS

American Goods (N.J.S.A. 40A:11-18): American goods and products will be used wherever available for the services or products required in this specification. However, the decision of the Freeholders, after consultation with the Purchasing Agent and the Department Head involved, will be final where the price discrepancy favors foreign goods or products and said decision does not conflict with the law.

Annual Disclosure Statements (N.J.S.A. 19:44A-20.27): Any business entity making a contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee or continuing political committee, which has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity, will file an annual disclosure statement with the New Jersey Election Law Enforcement Commission, established pursuant to section 5 of P.L.1973, c.83 (C.19:44A-5), setting forth all such contributions made by the business entity during the 12 months prior to the reporting deadline.

Availability of Funds (N.J.A.C.5:30-5.1 et seq.): This Contract is subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation and therefore this contract may be cancelled at the end of the fiscal year if sufficient funds are not appropriated or available.

Bid Guarantee (N.J.S.A. 40A:11-21): The Contractor will, when required by the County in its Respondent Checklist, furnish the required bonds satisfactory to the County upon or prior to the execution of this agreement. The bid security shall be payable to the County of Sussex, guaranteeing that if a contract is awarded to the Contractor, they will enter into a contract therefor and will furnish a Performance Bond, if required. This security will be in the amount of 10% of the amount bid, but not in excess of $20,000.00 and may be in the form of a Certified Check, Cashier's Check or Bid Bond.

All bid security, except the security of the three apparent lowest responsible respondents shall be returned, unless otherwise requested by the respondent, within ten (10) days after the opening of the bids (Sundays and holidays excluded) and the bids of such respondents will be considered as withdrawn. Within three (3) days (Sundays and holidays excluded) after the awarding and signing of the contract and the approval of the Contractor’s performance bond, the bid security of the remaining respondents will be returned to them.

If all proposals are rejected, all bid securities will be returned immediately.

Bids on Equivalent Products (N.J.S.A.40A:11-13(d)): If a respondent submits a bid on a product asserted to be an "equivalent" product to the one asked for in the bid, the County reserves the right to require the respondent to prove that such product is in fact equivalent in quality and in conformity with the specifications.

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The respondent will submit with and as part of his bid the latest manufacturer's printed specifications and advertising literature for the proposed item to be furnished to the County under this proposal. If the literature describes more than one model the respondent will clearly identify in his proposal the model being proposed. In the event that the manufacturer's printed specifications and literature indicate a non-conformity with the design criteria contained in these specifications and respondent intends to submit an item conforming to said design criteria, respondent will submit with his proposal a written statement signed by the manufacturer verifying that the manufacturer will custom build and provide respondent with an item conforming to the design criteria and specifications herein contained.

In the event the respondent proposes an item or component piece which does not conform to the design criteria of the specifications but is submitted to be equal to or better than the component herein described, respondent will submit with his proposal the latest manufacturer's printed specifications and advertising literature with respect thereto together with such other test results and technical data regarding said item or component as well to enable the County to determine and confirm that the proffered item is equal to or better than those conforming to the design criteria of the specifications from a performance / functionality and the durability standpoint.

The final determination of whether the proffered item is equal to or better than the design criteria of the specifications will be made by the County, which will have the right to make an inspection of the proffered item, require the respondent to give a complete demonstration of the merits thereof and/or require the respondent to submit additional data with respect thereto.

Brand Names (N.J.S.A. 40A:11-13(d)) : Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels.

Such references are not intended to be restrictive. Bids will be considered for any brand which meets or exceeds the quality of the specifications listed for any item. The words "Approved Equal”, wherever they are used, will be taken as intending to mean and specify the article or material described, or any other equal thereto in quality, finish and durability and equally as serviceable for the purpose for which it is intended, and this equality will be determined by the Owner, who will be the sole judge as to what material or service will be accepted as "Equally Good" to that specified.

Certificate of Surety (N.J.S.A. 40A:11-22): If a Performance Bond or alternate security is required, each bid must be accompanied by the appropriate documentation verifying the respondent's ability to provide same. If a Performance Bond is proposed, each bid must be accompanied by a certificate from a surety company duly authorized to do business in the State of New Jersey stating that if the respondent is the successful respondent the surety company will provide him with the required Performance Bond in the full amount of the contract.

Compliance with Laws: Respondent will comply with all laws of the State of New Jersey and the United States of America relating to sale of and purchase by county governments insofar as they pertain to the purchase made under this contract.

As provided for in N.J.A.C. 17:44-2.2, respondents shall maintain all documentation related to products, transactions or services under this Contract for a period of five (5) years from the date of final payment.

Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

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Labor (N.J.S.A. 34:11-56.25): The contractor will and will be required to conform to the Labor and Employment Laws of the State of New Jersey and the various acts amendatory and supplementary thereto and in accordance with the New Jersey Department of Labor and Industry prevailing wage rate determination. The rates of wages for tradespersons employed by the contractor will not be less than the prevailing rate so established for work to be performed under the terms of the contract, and a copy of the determination of the wage and hour bureau or other documents specifying the prevailing wages is considered as incorporated by reference as a part of the contract documents.

Labor Law And Prevailing Wage: The Contractor agrees that no mechanic, laborer, or workman employed by him will, while engaged in the performance of this contract, work more than eight (8) hours in any one (1) day except under the conditions allowed under the provisions of any State or Federal Law or Municipal Ordinance, or other lawful regulation applying thereto, and also that any such laborer or employee performing work or services on behalf of the Contractor under this agreement will not be paid less than the prevailing rate of wages for work of a similar nature in the area of Sussex County as required under the Laws of the State of New Jersey, or the United States of America, or any other municipal body or district having jurisdiction thereof.

It is the respondent’s responsibility to check the website (New Jersey Department of Labor and Workforce Development) to ensure the latest rates are being used. These rates will be incorporated into the Contract upon award.

Payment Bond (Labor and Material Bond): The successful respondent will, with the delivery of the performance bond, submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the Contract.

Pay-To-Play: This process is a fair and open process in accordance with N.J.S.A. 19:44A-20.4, et seq., and as such, respondents are exempt from the limitations on making political contributions under that law.

Further, for that reason, as well as because of the language in the New Jersey's Annual Appropriations Act, refusal to disclose campaign contributions otherwise required by N.J.S.A. 19:44A-20.4 et seq. and 19:44A-

20.27 et seq., will not adversely affect your consideration for award.

Under N.J.S.A. 19:44A-20.4 et seq., a “fair and open” process is a competitive process compliant with the rules and restrictions set forth by the State Local Unit Pay to Play law. Specifically, the “fair and open” process includes:

• Public advertisement (in a newspaper or posted on the entity’s website) with sufficient time to give notice.

• Award under a process that provides for public solicitation of proposals or qualifications.

• Established on the basis of an award and disclosure process documented in writing prior to any solicitation.

• Publicly opened and announced when awarded.

Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.

19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.

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Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

Businesses are further required to comply with all local ordinances regarding contribution limits for publicly contracted entities. Business entities are obligated to become familiar with their obligations under the local ordinances prior to submitting proposals for public contracts to the County of Sussex.

Performance Bond or Alternate Security (N.J.S.A. 40A:11-22): The successful respondent will be required to furnish a Performance Bond or other form of security acceptable in the amount of one hundred percent (100%) of the acceptable proposal to secure and guarantee his proper and complete performance of the contract. Any such bond or security must be issued by a company authorized to do business in the State of New Jersey and it must be submitted to the Board before the contract is executed.

Any individual project that exceeds $100,000.00 is required to provide the County with a performance bond upon request.

Page #PR-8 of 20 http://www.elec.state.nj.us/

Respondent’s Insurance: Certificates of the required insurance must be submitted to the County before contract documents are signed by the Board Director. All insurance policies must be written through insurance companies licensed in New Jersey and with an A.M. Best rating of A+, with the County of Sussex named as the certificate holder.

See Technical Specifications (TS Pages) for details:

1. WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE

2. GENERAL LIABILITY INSURANCE

3. AUTOMOBILE LIABILITY INSURANCE

4. PROFESSIONAL LIABILITY INSURANCE

The insurance policies will be provided by insurance companies authorized to do business in the State of New Jersey.

All insurance required herein will be maintained in full force and effect during the term of the successful Respondent’s Contract with the County and will constitute primary coverage over any other applicable insurance.

The successful Respondent will furnish a Certificate or Certificates of Insurance in compliance with these requirements and a certified copy of each policy to the County, including the provisions establishing premiums. All insurance policies required hereunder will include an endorsement naming the County and its officers, agents, engineer, attorney, employees, and servants as additional insured’s, which insurance will provide primary and non-contributory insurance coverage to the County, its agents, etc.

In addition, the additional insurance will include but not be limited to coverage for the additional insured for bodily or personal injury, property damage or other loss for which the respondent’s insurance policy provides coverage for the respondent’s work and for coverage which is included in the respondent’s “products-completed operations hazard” coverage. An endorsement will be provided that the policies will not be changed or canceled prior to thirty (30) days after written notice has been provided by the insurance carrier directly to the County.

During the term of its Contract with the County, the successful Respondent will be obligated to renew each and every insurance policy which may expire. In cases where a required insurance policy is cancelled or terminated during its term, the successful Respondent will immediately procure insurance to replace such policy(ies) and will immediately provide all insurance information required by the County as proof that the cancelled or terminated policy has been restored or replaced. In the event the successful Respondent fails or refuses to renew its insurance policies, or the coverage is canceled, terminated, or modified so that the insurance does not meet the requirements of the successful Respondent’s Contract with the County, such failure shall constitute default of the successful Respondent’s Contract with the County.

Insurance coverage having policy limits in the amounts required by the County will not be construed to relieve the Respondent from liability in excess of such coverage, nor will it preclude the County from taking such other actions as are available to it under the provisions of this Contract or otherwise in the law.

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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

CG 2010

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -

SCHEDULED PERSON OR ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations

County of Sussex One Spring Street Newton, NJ 07860

Respondent’s Name and Address

A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf;

In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

2. That portion of "your work" out of which the injury or damage arises has been put to its in-tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

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Right to know (N.J.A.C. 8:59-1.3): ALL containers, including shipping cartons, will bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number. "Container" means a receptacle used to hold a liquid, solid or gaseous substance, including, but not limited to, bottles, pipelines, bags, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats and stationary or mobile storage tanks. The vendor supplying the substances must provide the County with the necessary and required Material Safety Data Sheets (MSDS) or adhere to the requirements of The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the U.S. Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) as outlined in the Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations as adopted in final rule by DEPARTMENT OF LABOR, Occupational Safety and Health Administration, 29 CFR Parts 1910, 1915, and 1926, [Docket No. OSHA-H022K-2006-0062, (formerly Docket No. H022K)], RIN 1218-AC20, Hazard Communication.

All contractors bringing materials to a construction project must likewise provide the required labeling and MSDS information to the County. Contractors should give copies of the MSDS's to both the supervising agent of the County, as well as, the Right To Know Central File Manager of the building or facility around or within which the Contractor is working.

Time for Contract Award (N.J.S.A.40A:11-24): The award of contract or the rejection of the bids will be made within sixty (60) days of the receiving of bids. The successful respondent, by tendering a responsive and responsible bid, will have entered into the Formal Contract contained in these proposal documents.

Withdrawal of Bid (N.J.S.A. 40A:11-23.3): Permission for respondent to withdraw a bid due to a mistake in certain circumstances: Authorizes a respondent to request withdrawal of a public works bid due to a mistake on the part of the respondent. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor, material, or both, from the final bid computation.

A respondent claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to the County of Sussex, Clerk of the Board of County Commissioners, County Administrative Center, One Spring Street, Newton, NJ 07860. The respondent must request withdrawal of a bid due to a mistake, as defined by the law, within five business days after the receipt and opening of the bids. Since the bid withdrawal request will be effective as of the postmark of the certified or registered mailing. The Office of Purchasing, County of Sussex may contact all respondents, after bids are opened, to ascertain if any respondents wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.

A respondent’s request to withdraw the bid will contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information will be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11- 23.3.

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The public owner will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A. 40A:11-2(42), by a respondent in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within the five business days following the opening of bids.

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Individual Taxpayer Identification Number (ITIN) - The Internal Revenue Service requires the County of Sussex to obtain taxpayer identification numbers from vendors receiving payments through a County voucher. Form W-9 is used by persons required to file information returns with the IRS to get the payee’s (or other person’s) correct name and TIN. For individuals, the TIN is generally a social security number

(SSN).

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Mandatory Equal Employment Opportunity Language – The requirements of N.J.S.A.10:5-31 et seq. and N.J.A.C.17-27 et seq. mandate the inclusion of State approved equal opportunity language for goods, professional service and general service as well as construction contracts.

The required language is included in the “P” Pages:

Exhibit A (two pages) Goods, Professional Service and General Service Contracts

OR

Exhibit B (four pages) Construction Contracts.

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SUPPLEMENTAL TERMS AND CONDITIONS

Accident, Injuries & Damages - If it becomes necessary for the respondent, either as principal or by agent or employee, to enter upon the premises or property of the County in order to construct, erect, inspect, make delivery or remove property hereunder, the respondent hereby covenants and agrees to take, use, provide and make all proper necessary and sufficient precautions, safeguards and protections against the occurrence of happenings of any accidents, injuries, damages or hurt to any person or property during the progress of the work herein covered, and to be responsible for, and to indemnify and hold harmless the County from the payment of all sums of money by reason of all, or any, such accidents, injuries, damages or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any governmental unit’s ordinance regulation, or the laws of the State or the United States, while the said work is in progress.

Addendum – A proposal revision or response to a respondent inquiry after advertisement and before the opening of proposal. If any respondent contemplating submitting a proposal for the proposed contract is in doubt as to the true meaning of any part of drawings, specifications, or other proposed contract documents, they should submit to the County as early as possible a written request for an interpretation thereof. Any interpretation of the proposed documents will be made only by an Addendum duly issued and a copy of such Addendum will be issued to each respondent receiving a set of such documents. The County will not be responsible for any other explanations or interpretations of the proposed documents. Any Addendum issued during the time of bidding will be covered in the proposal and in the contract and will become a part thereof.

Additional Payments - There will be no additional payment made to the respondent other than stated in the instruments herein referred to unless the same are agreed to and set forth in writing and signed by the County, or its duly authorized officers, agents, or representatives.

Approval Of Workmanship - Any work or materials involved in this Contract will be subject to inspection by the County, or its authorized representatives and such materials which, in the opinion of the County, do not conform to the requirements and specifications referred to in the Proposal Package, will not be accepted and approved as complying with the performance of this contract, and this opinion will be final and conclusive.

Assignments - The respondent will not assign, transfer, convey, sublet or otherwise dispose of the contract, or their rights, title or interest in or to the same of any part thereof, without consent in writing by the County.

If the respondent will, without previous written consent, assign, transfer, convey, sublet or otherwise dispose of the contract, in whole or in part, or of their right, title or interest therein, the contract may, at the option of the County, be cancelled and terminated.

Breach - In the event that the respondent will not furnish the services, materials and/or labor required under this agreement, or will fail to deliver same in the manner or at the times required, the County will be entitled to purchase such other quantities of materials as may be required in place of those the respondent fails to furnish for the best price the County can obtain at that time without public solicitation. Any increase in the cost to the County above the price herein agreed to

Page #PR-16 of 20 be paid will be charged to the respondent herein, and further, any such cost in excess of this contract price may be deducted from any monies owing to the respondent hereunder. The County will notify the respondent, in writing, of its breach before securing the substituted performance necessary to complete the same.

Confidentiality - The respondent agrees to hold all Confidential Information in strict confidence and shall not, without express prior written permission of the County, disclose any Confidential Information to third parties or use the Confidential information for any purpose other than to perform its obligations under this Contract for the purpose set out within the scope of work. Confidential Information shall mean, without limitation, any idea, proposal, plan, information, procedure, technique, formula, practice, technology or method of operation, any written or oral information of a proprietary nature, and any intellectual property owned or licensed by the County. Confidential information does not include information in the public domain, in the respondent’s possession prior to its receipt from the County, disclosed pursuant to operation of law.

Consideration - The contract sum, in the amount awarded based on the terms and conditions, may allow additional quantities at the unit prices awarded.

Contracts not coinciding with calendar year – Awarded contracts will be subject to the availability and appropriation annually of sufficient funds required to meet any award obligation extending beyond the current calendar year.

Contract Term - The contract will be deemed effective on the date of contract award with the passing of a Resolution by the Board of County Commissioners of the County of Sussex. If the technical specifications indicate a specific start and end date, the contract will be deemed effective on that date after the Resolution of award.

Default of Respondent - The Board will have the right in event of unsatisfactory work or services, including but not limited to, unsatisfactory or late deliveries, improper records, faulty packaging, improper billing, etc., to terminate the contract after reasonable written notice to the respondent. At the expiration of said notice, the County may, at its option, proceed to enter into a contract for the performance thereof from another respondent.

Where the County proceeds to enter into contract for the performance by a substitute respondent, the County will deduct the cost thereof from the payments due to or coming due and the respondent will be liable for such deficiency. If the County will declare the said contract in default, in the whole or in any particular, such declaration of default will in no way relieve or affect the liability of the respondent and their surety for breach of any of the covenants and conditions of said contract.

The respondent may not assign, transfer, convey or otherwise dispose of the responsibilities hereunder without the express written consent of the County.

Guarantee - The respondent guarantees that the product is of good quality and complies in all respects with the standards regularly sold by the manufacturer. All items of work will be guaranteed for one year after date of delivery and acceptance or if the manufacturer prescribes a guarantee of greater duration, the latter time period of the guarantee will control.

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Indemnification - The successful respondent shall agree to defend, indemnify and hold harmless the County of Sussex its officers, agents, servants, and employees from and against all loss, liability, claim, action or expense, including reasonable attorney’s fees, sustained by any person or persons, including but not limited to employees of the respondent, alleged to arise from or as a result of the work set forth in this proposal, whether such work is provided directly by the respondent or whether such work is provided by any employee, agent, contractor or sub-contractor of the respondent.

This duty to defend, indemnify and hold harmless shall extend to all activities that are undertaken in the context of the performance of the work set forth in this proposal, or which are in any way connected to such work. This includes, but is not limited to, the inspection, maintenance, use or operation, etc. of vehicles, machinery, equipment, implements or appliances used by or in the possession of the successful respondent or its employees, agents, contractors or sub-contractors, and also includes any and all claims that may be asserted against the County of Sussex for failure to respond or act in a timely manner.

Method of Award - Award of Contract will be made according to total lump sum proposal unless the proposal pages provide that the proposal will be awarded according to unit prices or in the case of competitive contracting or fair and open solicitations another methodology as permitted by law.

Method of Operation –

1. After the proposals have been tabulated and the successful respondent(s) is/are determined, a resolution awarding a contract will be prepared.

2. The respondent will forward additional required documents as requested by the Office of

Purchasing. If a Performance and/or other bonds are required the respondent will provide such documents upon notice that the contract was awarded to them.

3. A Purchase Order will be issued to the successful respondent(s). The respondent will return to the County the properly executed voucher and invoice for approval and payment.

4. Payment will be made to the successful respondent upon approval and acceptance of the item proposal or work performed and in accordance with the requirements of the Board, subject to the Board's customary procedures.

5. Construction projects will have retainage held particularly on certain projects requiring partial payments. When retainage is held it will be at the maximum allowed under Local Public Contracts Law.

6. Incomplete documents will not relieve the respondent of their responsibility under the terms of this agreement.

Patents - The respondent will hold and save the County of Sussex, its officers, agents, servants and employees, harmless from liability of any nature or kind for or on account of the use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract.

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Proposal Acceptance - The County of Sussex has the right to award a contract in whole or in part in accordance with applicable law. In case of tie proposals, pursuant to (N.J.S.A. 40A:11-6.1(d), whenever two or more responses to a request of a contracting agent offer equal prices and are the lowest responsible bids or proposals, the contracting unit may award the contract to the vendor whose response, in the discretion of the contracting unit, is the most advantageous, price and other factors considered. In such a case, the award resolution or purchase order documentation shall explain why the vendor selected is the most advantageous.

The County of Sussex reserves the right to require a respondent to explain and/or clarify a proposal. Any additional comments, pertaining to this proposal, that may assist the County in their decision, may be attached. Any value added components to the proposal will be evaluated during the review process.

Proposal Submission - By submitting a proposal, the respondent represents that they have familiarized themselves with the requirements of the work to be performed and understands the intent of the contract documents. All items which are necessary in order to provide a complete system/project, as required, will be furnished by the successful respondent at the price offered whether or not all details of the service, materials and equipment are specified herein.

The respondent is solely responsible for any and all errors and timely submission of the proposal, all components, thereof, and all attachments thereto. The County assumes no responsibility for any claim arising from the failure of any respondent to cause any proposal component, or attachment to not be delivered to the Sussex County Clerk of the Board of County Commissioners on or before the time set for opening of proposals.

Proposal Prices - All proposal prices will be firm and not subject to increases during the period of Contract, with the exception of petroleum heating products for which standard tank…