General_Conditions_for_All_Service_Contracts.pdf

GENERAL CONDITIONS FOR SERVICE CONTRACTS Page 1 of 5

GENERAL CONDITIONS FOR ALL SERVICE CONTRACTS

1.0 PURPOSE AND APPLICABILITY

These General Conditions shall apply to all service contracts issued by the County of Ocean (“County”), including but not limited to HVAC, electrical, plumbing, fire protection, generator, security, elevator, irrigation, and related building systems. The intent of this document is to establish consistent, enforceable terms and conditions that govern the performance of services for the County and to ensure the protection of the County’s property, personnel, and interests.

These provisions are intended to supplement and govern individual specifications and scopes of work. In the event of any conflict between this document and individual technical specifications, these General Conditions shall prevail.

2.0 IDENTIFICATION, SITE ACCESS, AND CONDUCT

2.1 Identification and Access:

All contractor personnel shall display visible photo identification badges bearing the company name and individual’s name at all times while on County property.

2.2 Rules and Regulations:

All personnel must comply with County building rules, safety procedures, and access restrictions. Personnel are subject to the control and direction of the County while on site, but under no circumstances shall they be deemed employees or agents of the County.

2.3 Behavior and Conduct:

Contractor personnel shall conduct themselves in a professional and courteous manner at all times. Disruptive, unsafe, or unprofessional behavior shall be grounds for immediate removal from the work site at the County’s discretion.

3.0 SECURITY REQUIREMENTS (If Applicable)

3.1 Clearances:

If services are performed in a secure, restricted, or sensitive facility (including but not limited to correctional facilities, courthouses, detention centers, 911 centers, data centers, or evidence storage areas), the contractor shall ensure that all personnel — including subcontractors — complete and pass all required background screenings required by the County. Should clearance forms be necessary, they will be provided with the bid.

3.2 Access Control:

The County reserves the right to deny or revoke site access to any individual for any reason related to safety, security, or operational needs. Access shall be granted solely at the County’s discretion.

3.3 Work Coordination:

All work within secure areas shall be coordinated with designated County staff.

4.0 SUBCONTRACTING

4.1 Approval Required:

Contractor shall not subcontract any portion of the work without prior written approval from the County. All requests to subcontract must be submitted in writing to the County and include the subcontractor’s name, trade, qualifications, and scope of work.

4.2 Prohibition on Subcontracting Prime Trade:

The contractor shall not subcontract the primary trade or discipline for which the contract was awarded. For example, under a plumbing contract, plumbing work must be performed by the awarded contractor and may not be subcontracted to another plumbing firm. Under an electrical contract, electrical work must be performed by the awarded contractor and may not be subcontracted to another electrical contractor.

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4.3 Exceptions and Disclosure:

If circumstances arise in which subcontracting of the primary trade becomes necessary, the contractor must submit a written disclosure to the County detailing the reason for the request and the proposed subcontractor’s qualifications. The County, in its sole discretion, shall determine whether such subcontracting is permissible.

The County’s decision shall be final.

4.4 Incorporation of Contract Requirements:

All subcontractors shall be bound by the same terms, conditions, requirements, and obligations as the prime contractor, including but not limited to background checks, insurance, indemnification, safety, documentation, and prevailing wage.

4.5 Prime Responsibility:

The contractor shall remain fully responsible for the actions, performance, and compliance of all subcontractors and their personnel. Approval of a subcontractor by the County does not relieve the prime contractor of any contractual obligations.

5.0 INSURANCE AND INDEMNIFICATION

5.1 Insurance:

The contractor shall maintain all insurance coverages as required under the County’s standard bid specifications, including but not limited to Workers’ Compensation, Comprehensive General Liability, and

Comprehensive Automobile Liability. Subcontractors shall maintain identical coverage.

5.2 Indemnification:

The contractor shall indemnify, defend, and hold harmless the County, its officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses arising out of or related to the performance of work under the contract, including those caused by the negligence or wrongful acts of the contractor, its subcontractors, employees, or agents.

6.0 SAFETY AND ENVIRONMENTAL REQUIREMENTS

6.1 Safety Standards:

Contractor shall comply with all applicable federal, state, and local safety and health standards, including

OSHA, and shall implement appropriate measures to protect County employees, the public, and contractor personnel.

6.2 Hazardous Materials (If Applicable):

If the scope of work involves the use, handling, storage, or disposal of chemicals or other hazardous substances, the contractor shall submit Safety Data Sheets (SDS) for all such materials prior to their use on site. All handling, disposal, and transportation of hazardous materials shall comply with EPA, NJDEP, and applicable environmental regulations.

7.0 WORK HOURS, RESPONSE TIMES, AND SCHEDULING

7.1 Regular Hours:

Unless otherwise specified, regular work hours shall be 8:00 AM to 4:30 PM, Monday through Friday, excluding County holidays.

7.2 Emergency Response:

Contractor shall return calls for emergency service within one (1) hour and be on site within two (2) hours of notification. Emergency repairs requiring parts shall be completed no later than the next business day.

7.3 Scheduling and Coordination:

Contractor shall coordinate all work with the designated County representative to minimize disruption of

County operations.

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8.0 PRICING, QUOTES, AND PAYMENT

8.1 Quotes:

Quotes, estimates, and proposals are not billable. All quotes must include a detailed cost breakdown including labor rate, quantity of hours, materials list, wholesale cost, and markup with each appropriate bid item listed.

8.2 Labor and Billing:

Billing shall begin upon arrival on site and end upon departure. After the first full hour, billing increments shall be in fifteen (15) minute intervals. Travel time must be included in the hourly rate and will not be billed separately.

8.3 Materials:

The County will pay only for materials that have been specifically authorized in advance and actually used in the performance of the work. All materials shall be invoiced at their actual wholesale cost plus the approved markup, and copies of the original supplier invoices must be submitted with the contractor’s invoice. Invoices submitted without the required documentation will not be processed and will be returned for correction.

The County shall not pay for bulk quantities of materials, supplies, or consumables unless the entire quantity remains the property of the County. For example, if a full carton of gloves, a case of cleaning wipes, or a box of disposable filters is purchased and billed, the entire remaining quantity must be surrendered to and remain in the possession of the County at the conclusion of the work. If only a portion of a product is used, only that portion shall be invoiced, or the remainder must be turned over to the County.

Contractors shall be responsible for maintaining, at their own expense, an adequate supply of standard consumables and ancillary materials necessary to perform the work. The County will not pay for any consumable items such as rubber gloves, disposable rags, wipes, paper towels, lubricants, cleaning solutions, PPE, or similar everyday supplies. These items are considered incidental to the performance of the contract and shall not be billed separately.

“Miscellaneous” or lump-sum charges will not be accepted under any circumstances. All materials and related costs must be individually itemized and clearly described on the invoice. Any invoice containing vague or non-specific line items such as “miscellaneous materials,” “shop supplies,” “consumables,” or similar terms will be rejected and returned without payment. At no time shall the County be responsible for payment of any charges listed as “miscellaneous.”

9.0 DOCUMENTATION AND REPORTING

9.1 Service Tickets:

A service ticket shall be generated for each service call or project. Tickets must include the date, time of arrival and departure, purchase order number, description of work performed, and signature of a County representative.

9.2 Invoices:

All invoices must reference the corresponding service ticket, PO number, and line-item detail. Invoices submitted without supporting documentation will not be paid.

9.3 Reports:

Contractor shall submit maintenance reports, testing results, and any other documentation requested by the

County on a daily, monthly, or annual basis, as applicable.

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9.4 CHECK-IN AND CHECK-OUT REQUIREMENTS

9.4.1 Mandatory Check-In:

Upon arrival at any County facility, all contractor personnel shall report directly to the designated user department representative, site contact, or other authorized County personnel to confirm their presence on site.

This check-in must occur prior to the commencement of any work and may be completed either in person or by telephone with the designated County representative. The contractor is responsible for ensuring that the name of the individual contacted, the method of check-in (phone or in-person), the date, and the time of check-in are all documented on the service ticket associated with the work being performed. Failure to complete the mandatory check-in process or to document the required information on the service ticket may result in non-payment for services rendered and/or removal from future assignments.

9.4.2 Mandatory Check-Out:

Upon completion of all work and prior to departing any County facility, contractor personnel shall again report directly to the designated user department representative, site contact, or other authorized County personnel to confirm that the work has been completed and to review the services performed. This check-out must occur before leaving the premises and may be completed either in person or by telephone with the designated County representative. The contractor is responsible for ensuring that the name of the individual contacted, the method of check-out (phone or in-person), the date, and the time of check-out are all documented on the service ticket.

Failure to complete the mandatory check-out process or to document the required information may result in non-payment for services.

9.4.3 County Log and Timekeeping:

County personnel will maintain an official check-in and check-out log for all service visits. This log will serve as the sole and authoritative record of the contractor’s on-site time and will be used to verify and calculate payment for services rendered. The times recorded in the County’s log — not the contractor’s service ticket, invoice, or any other documentation — shall govern all billing and payment determinations. All recorded time will be rounded to the nearest fifteen (15) minute interval for billing purposes. It is the contractor’s responsibility to ensure that their personnel properly check in and check out with the designated user department representative, as failure to do so may result in discrepancies that could delay or forfeit payment.

9.4.4 Failure to Comply:

Failure to check in or check out as required under this section may result in non-payment for the work performed during that visit and may be considered a breach of contract.

10.0 PERFORMANCE STANDARDS AND REMEDIES

10.1 Performance Obligations:

Contractor shall perform all work in a professional and workmanlike manner consistent with industry standards.

10.2 Non-Compliance:

Failure to comply with any provision of this contract, including failure to meet response times, safety requirements, or documentation obligations, may result in the issuance of a written notice to cure. If the contractor fails to cure the default within ten (10) calendar days, the County may terminate the contract in whole or in part.

10.3 County Remedies:

The County reserves the right to obtain services from an alternate source and to back-charge the contractor for any additional costs incurred due to non-performance, delay, or default.

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11.0 WARRANTY AND DELIVERABLES

11.1 Workmanship Warranty:

All workmanship performed under this contract shall be warranted by the contractor for a minimum period of one (1) year from the date of final acceptance by the County. During this period, the contractor shall, at no additional cost to the County, promptly correct any defects in workmanship, materials, or installation discovered and reported by the County.

11.2 Manufacturer Warranties:

All manufacturer warranties shall apply in full to the equipment, components, materials, and software provided under this contract. The contractor shall register all warranties in the County’s name, and copies of all warranty certificates, terms, and service documentation must be provided to the County prior to final payment. The contractor shall assist the County in the execution of any warranty claims and coordinate with manufacturers as necessary to ensure timely repair or replacement of covered items.

11.3 Deliverables and Documentation (If Applicable):

All documentation, programming files, software, source code, user manuals, configuration records, administrative credentials, passwords, maintenance logs, and any other materials generated or utilized as part of this project shall become the sole property of the County upon completion of work and throughout the duration of the warranty period. This includes any updates, revisions, or supplemental materials provided during warranty service. No portion of such documentation shall be withheld, password-protected, or retained by the contractor or its subcontractors.

The contractor shall maintain and submit complete documentation for all services performed under warranty, including service reports, diagnostic results, replacement part records, and any manufacturer service correspondence. The County will retain all such documentation as part of the permanent record for the system, and it shall be provided upon request for audit, warranty enforcement, or future service requirements.

12.0 TRANSITION AND TERMINATION

12.1 Transition Period (If Applicable):

In the event of termination by either party or expiration of the contract, the contractor shall continue performance under the terms and conditions of the contract for up to thirty (30) days at the County’s request to ensure a smooth transition.

12.2 Termination for Cause:

The County reserves the right to terminate the contract for cause upon written notice if the contractor fails to perform in accordance with the terms and conditions herein.

12.3 Termination for Convenience:

The County reserves the right to terminate the contract for convenience upon thirty (30) days’ written notice.