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NOTICE TO BIDDERS Sealed bids will be received by the Purchasing Agent for the Somerset County Park Commission on May 28, 2014 at 2:00 PM prevailing time in the Purchasing Division, Somerset County Administration Building, 20 Grove St., Somerville, NJ 08876 at which time and place bids will be opened and read in public for:

LICENSING OF HUNTING RIGHTS TO TWO (2) PARCELS IN SOMERSET COUNTY, NEW JERSEY

Contract #: PCC-0014-14 Proposals must be made on the standard proposal forms, be enclosed in a sealed package bearing the name and address of the bidder and the “BID TITLE NAME & CONTRACT #” on the outside, addressed to Karen Mc Gee, Purchasing Agent, at the address above. We are now storing all responses electronically; therefore submit all pages of the response on a CD in addition to the printed copies. Any Bid Addenda will also be issued on the website. Therefore, all interested bidders should check the website from now through bid opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to this procurement. Specifications and instruction to bidders may be obtained at the County Purchasing Office or the Somerset County Park Commission website at www.somersetcountyparks.org and on the Somerset County website www.co.somerset.nj.us. Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27 et seq. Karen Mc Gee, QPA Purchasing Agent – Somerset County Date Advertised 5/13/14

SOMERSET COUNTY PARK COMMISSION

PHONE: (908) 231-7043 Fax: (908) 575-3917

PO BOX 3000 – 20 GROVE STREET SOMERSET COUNTY ADMINISTRATION BUILDING

SOMERVILLE, NJ 08876 - 1262

PURCHASING DIVISION Karen McGee

Purchasing Agent, QPA

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SOMERSET COUNTY PARK COMMISSION GENERAL INSTRUCTIONS

1. SUBMISSION OF BIDS

A. Sealed bids shall be received in accordance with public advertisement as required by law, a copy of said notice being attached hereto and made a part of these specifications.

B. Each bid shall be submitted on the proposal form attached, in a sealed envelope (1) addressed to the Purchasing Agent (2) bearing the name and address of the bidder on the outside (3) clearly marked "BID" with the name of the item(s) being bid. Provide One (1) Original, One (1) copy and One CD ROM electronic version (.pdf format) of the bid.

(4) The Somerset County Park Commission is storing all responses electronically; therefore submit all pages of the bid response on a CD in addition to the printed copies.

C. It is the bidder's responsibility to see that bids are presented to the Purchasing Agent on the hour and at the place designated. Bids

may be hand delivered or mailed; however, the Somerset County Park Commission disclaims any responsibility for bids forwarded by regular or express mail. If the bid is sent by express mail, the designation in B. above must also appear on the outside of the express company envelope. Bids received after the designated time and date will be returned unopened.

D. The Somerset County Park Commission reserves the right to postpone the date for presentation and opening of bids and will give

written notice of any such postponement to each prospective bidder as required by law. E. More than one bid from an individual, a firm or partnership, a corporation or association under the same or different

names shall not be considered.

2. QUOTATIONS, BIDS AND FORMS

A. Bids must be signed in ink by the bidder, all quotations shall be made with a typewriter or pen and ink. Any quotation showing any erasure alteration must be initialed by the bidder in ink. Unit prices and totals are to be inserted in spaces provided. B. Failure to sign and give all information in the bid may result in the bid being rejected.

C. Any bidder may withdraw his bid at any time before the time set for receipt of bids. No bid may be withdrawn in the 60 day period after the bids are received.

D. All forms shall be completed and attached to the bid proposal. BIDDER IS ALERTED TO THE BID DOCUMENT CHECK

LIST PAGE.

3. INTERPRETATIONS AND ADDENDA A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Somerset County

Park Commission. The bidder accepts the obligation to become familiar with these specifications.

B. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to notify the Somerset County Park Commission of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

C. No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in

writing, addressed to the Purchasing Agent. In order to be given consideration, written requests for interpretation must be received as least ten (10) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with Statute. All addenda so issued shall become part of the contract documents, and shall be acknowledged by the

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bidder in the bid. The Somerset County Park Commission’s interpretations or corrections thereof shall be final.

D. 1. If the amount shown in words and its equivalent figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used.

4. AWARD OF BID

A. The Somerset County Park Commission reserves the right to accept or reject any or all bids, to waive identified irregularities and technicalities, and to award in whole or in part to the lowest responsible bidder, if it is in the best interest of the Somerset County Park Commission to do so. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected, any bid having erasures or corrections in the price sheet may be rejected; any bid in which unit prices are omitted, or in which unit/total prices are unbalanced, may be rejected; any bid accompanied by any insufficient or irregular certified check, cashier's check or bid bond may be rejected.

B. The Somerset County Park Commission further reserves the right to award each item separately to the lowest responsible bidder

meeting specifications or to make an award based on the total bid to the bidder whose total sum is the low bid meeting the specifications, whichever in the awarding authorities' opinion is in the best interest of the Somerset County Park Commission. Without limiting the generality of the foregoing, the Somerset County Park Commission reserves the right to award a contract based on either option that may be described in the bid proposal or based on any combination thereof.

C. The Somerset County Park Commission reserves the right to award equal or tie bids at their discretion to any one of the tie bidders. D. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the Somerset County Park Commission may then,

at its option, accept the bid of the next lowest responsible bidder. E. The effective period of this contract will be two years unless otherwise noted in the specifications. Continuation of the terms of this

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 Somerset County Park Commission reserves the right to cancel this contract.

F. Government entities are not private business/consumer clients; therefore, separate company agreements are not honored. Terms

of the specifications/bid package prevail unless otherwise noted by the vendor as exceptions.

5. NON-COLLUSION AFFIDAVIT The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted intact with the proposal. 6. STATEMENT OF CORPORATE OWNERSHIP

In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be awarded a contract, unless prior to the receipt of the bid or accompanying the bid of the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, subchapter S corporation or sole proprietorship, there is submitted to the Somerset County Park Commission a statement setting forth the names and addresses of all stockholders who own 10% or more of the stock, of any class or of all individual partners who own a 10% or greater interest in the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder and individual partner, exceeding the 10% ownership criteria established in this act has been listed. This form shall be signed and submitted with the bid/proposal whether or not a stockholder or partner owns less than 10% of the business submitting the bid. Failure to comply requires mandatory rejection of the bid/proposal.

7. INSURANCE AND INDEMNIFICATION If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the premises or property of the owner in order to construct, erect, inspect, make delivery or remove property hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the

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occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. The contractor further covenants and agrees to indemnify and save harmless the owner from the payment of all sums of money or any other consideration(s) by reason of any, or all, 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 owner regulation, ordinance or the laws of the State, or the United States while said work is in progress. The contractor shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the owner named as additional insured. General Liability Insurance This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $1,000,000.00 aggregate for property damage, and shall be maintained in force during the life of the contract. B. Certificates of the Required Insurance Certificates as listed above shall be submitted along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the OWNER as an additional insured. Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the OWNER as an additional insured. C. Indemnification Successful respondent shall indemnify and hold harmless the OWNER from all claims, suits or actions and damages or costs of every name and description to which the OWNER may be subjected or put by reason of injury to the person or property of another, or the property of the OWNER, resulting from negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract. Somerset County will not accept Mutual Limitation of Liability terms. 8. PAYMENT License payments shall be made in yearly installments payable in advance. Payments shall be made in the form of a

check payable to the Somerset County Park Commission, P.O. Box 5327, North Branch, NJ 08876.

9. TERMINATION

A. DEFAULT Non-performance of the Licensee in terms of specifications shall be a basis for termination of the contract by the Somerset County Park Commission. The Somerset County Park Commission may terminate the contract upon 30 days' written notice to the Licensee. The Somerset County Park Commission shall not pay for any services and/or materials which are unsatisfactory. The Licensee may be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non- performance.

B. UNCONDITIONAL TERMINATION FOR CONVENIENCE:

The Somerset County Park Commission may terminate the resultant contact for convenience by providing sixty (60) calendar days advance notice to the Licensee.

C. TERMINATION FOR DEFAULT:

If the Licensee fails to meet deadlines, or fails to provide the agreed upon services, a termination for default will be issued, but only after the Somerset County Park Commission has determined the Licensee has failed to remedy the problem after being forewarned.

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D. TERMINATION BY THE SOMERSET COUNTY PARK COMMISSION: If the Licensee should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if A receiver should be appointed on account of its insolvency, the Somerset County Park Commission may terminate This contract. If the Licensee should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed with work of this contract, the Somerset County Park Commission shall give the Licensee fifteen (15) calendar days written notice. Upon receipt of such termination notice, the Licensee shall be allowed seven (7) calendar days to cure such deficiencies

18. INDEMNIFICATION:

The Contractor agrees to indemnify and save harmless the Somerset County Park Commission, its officers, agents and employees, hereinafter referred to as indemnities, from all suits, including attorney's' fees and costs of litigation, actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount arising or recovered under Workers Compensation law, or arising out of failure of the Contractor or those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or damage of any nature whatsoever.

19. SPECIFICATIONS

Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.

20. AMENDMENTS TO N.J.S.A. 2C: 21-33 et. seq. “TRUTH IN CONTRACTING” Provisions of law govern false claims and representation. It is a serious crime for the vendor to knowingly submit a false claim and/or knowingly make material misrepresentation. There are enhanced penalties for areas of false claims, bid rigging and bribery, gratuities and gifts; and conflict of interest. Please consult the statute for further information.

21. SOURCE OF SPECIFICATIONS/BID PACKAGES Official Park Commission bid packages for routine goods and services are available from www.somersetcountyparks.org at no cost to the vendor. All addenda are posted on this site. Potential bidders are cautioned that they are bidding at their own risk if a third party supplied the specifications that may or may not be complete. The County is not responsible for third party supplied specifications.

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SPECIFICATIONS FOR LICENSING OF HUNTING RIGHTS ON

TWO (2) PARCELS OF LAND IN SOMERSET COUNTY, NEW JERSEY 1. SCOPE: AREA #1: THE LICENSING OF HUNTING RIGHTS to approximately 74 acres of land known as the

MACARTHUR PARCEL (Lot 16 in Block 3) in Branchburg Township, Somerset County, NJ. AREA #2: THE LICENSING OF HUNTING RIGHTS to approximately 52 acres of land known as the

WNEK/GROSSO PARCEL (Lots 34 & 35.02 in Block 1001) in Montgomery Township, Somerset County, NJ.

2. LOCATION: The premises to be licensed are described on the maps attached hereto (EXHIBIT A). 3. For the purpose of this specification, the Somerset County Park Commission will be designated as

the Licensor and the bidder will be designated as the Hunt Club/Licensee. 4. TERM: The term of the license (“License”) shall be for a period of four (4) years commencing on

September 1, 2014 and ending on August 31, 2018. The License fee shall be payable in advance in yearly installments. Payments shall be made in the form of a check payable and tendered to the Somerset County Park Commission, P.O. Box 5327, North Branch, NJ 08876..

5. METHOD OF AWARD: The bids for Areas #1-2 shall be a Lump Sum Bid per year for each parcel.

A license for hunting rights will be awarded to the responsible bidder with the highest lump sum bid per year for the area.

Acreage is an approximation. It will be the responsibility of the Licensee to determine exact acreage if

he/she feels it necessary to do so. The bid shall be based on a flat fee basis for the licensing of the entire parcel, except as noted, and not on a per acre basis.

Please note: Because of the hunting distance from buildings requirement stated in these

specifications, the actual huntable acres may be less than indicated above. 6. The Licensee shall be permitted to use this property solely for hunting as provided for herein. No

other type of operation or usage shall be permitted. The Licensee will carefully preserve, protect, control and guard the premises from any environmental violations. Failure to comply with these requirements shall be grounds for termination and revocation of the Hunting License Agreement.

7. Arrangements to view the property can be made by contacting Donald Korbobo, Coordinator,

Department of Property Management at 908-722-1200 ext. 254. 8. Licensee shall not assign this license nor let or underlet the whole or any part of the premises. 9. The Licensee shall pay all tax assessments, and/or other governmental levies and charges assessed

by reason of their occupancy or business conducted by them. 10. Should the N.J.D.E.P or any other agency responsible for overseeing environmental laws determine

that due to an accident or an act, that a clean-up be undertaken because of any spill or discharge of hazardous substances or wastes at the demised premises caused or contributed to in whole or part by Licensee, then Licensee shall, at their expense, prepare and submit the required plans and

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financial assurances, and carry out the approved plans. Licensee shall indemnify, defend and save the County of Somerset and the Somerset County Park Commission harmless from all fines, suits, procedures, claims and actions of any kind arising out of or in any way connected with any spills or discharges for hazardous substances or wastes at the demised premises; and from all fines, suits, procedures, claims and actions of any kind arising out of Licensee's failure to provide all information, make all submissions and take all actions required under any environmental law. Licensee shall effectuate and complete full compliance with all applicable environmental laws which Licensee is subject, including but not limited to any necessary clean-up, prior to the termination date of this License. Licensee shall commence its compliance with such laws in sufficient time prior to the termination date. Licensee's obligations under this paragraph shall survive the termination of this License.

11. Hunting allowed by this Park Commission license shall be in strict compliance with and subject to the

N.J. Division of Fish and Wildlife laws. 12. The Licensee shall be responsible for the loss of any crops, equipment, and/or materials under any

circumstances. 13. The Licensee shall keep the premises free of general litter and debris and at its own expense, shall

pick up and remove daily, any and all litter and debris that is produced as a result of hunting activities. 14. The Licensor or its duly authorized agents or representatives shall have access and the right to enter

upon the premises during all reasonable hours for the purpose of examining the same to insure compliance with this License Agreement or to make repairs and alterations for the safety and preservation thereof, and to perform patrol and maintenance duties provided, however, that Licensor’s right to enter upon said premises shall be subject to the exercise of ordinary care and caution in doing so and shall not interfere with the business carried on by the Licensee. This clause shall not be construed to create an obligation upon the Licensor to make any inspections or repairs. The Licensor shall have the right to enter the property to perform any engineering, or other technical work, for site evaluation, soil testing, water testing, or any other purpose. The Licensor shall have the authority to establish rights of access for use by Licensor or emergency service vehicles and equipment.

15. The Licensee shall have the nonexclusive right to use existing field roads for access to the licensed

premises, but there shall be no duty or responsibility on the part of the Licensor to keep said roads open or to maintain or keep them in repair. Any an all alterations to be made to the said roads by the Licensee must first be approved by the Licensor in writing.

16. Except for the changes permitted in these specifications, the Licensee may not make any changes or

additions of any nature whatsoever to the premises, without the written consent of the Licensor. All changes made with the consent of the Licensor shall become the property of the Licensor upon expiration of this agreement.

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17. The following shall constitute events of default under this agreement: a. Failure to pay the licensing fee. b. Assignment, subletting, or transfer of the premises or the business to a third party or entity other

than the Hunt Club named in this License. c. Failure to comply with any provisions of the Hunting License Agreement, attached. 18. Upon default and after notification, the Licensor at its option and in its sole discretion, may exercise

any rights and remedies available to it under law and may enter onto the premises and retake same, terminating any interest of the Licensee. In the event of default, Licensee liability shall include attorneys’ fees incurred by the County of Somerset and/or the Somerset County Park Commission.

19. The Licensee/Hunt Club shall be an organized group of individuals with one individual designated as

representative, spokesperson, or ‘President’ that will be the contact person with the Somerset County Park Commission and the Farmer.

20. A roster of the Hunt Club members' names, addresses and phone numbers shall be submitted as part

of the bid with the contact person indicated and updated as any changes occur. 21. The minimum bids are: Area #1 (MACARTHUR PARCEL) shall be $5,800.00 per year. Area #2 (WNEK/GROSSO PARCEL) shall be $2,900.00 per year. Please note: The use of the property must comply with the New Jersey Department of Environmental Protection Open Space Regulations and any and all licenses are subject to the approval of the NJDEP. Please note: It is illegal to bow hunt on public lands on Sunday.

Bidding Note: Please do not return the entire bid packet, maps, or a filled-in Hunting License Agreement. Return signed originals along with one photocopy of each of the following documents: 1. Bid Document Checklist 2. Bid Proposal Form/Signature Page 3. Stockholder Disclosure Certification Form 4. Non-Collusion Affidavit (Must be notarized) 5. Acknowledgement of Receipt of Addenda Form (if there were any) 6. Membership roster with contact person indicated The Purchasing Department will retain the originals and the copies will be forwarded to the Park Commission. Place these pages in an envelope marked as indicated in the General Instructions and deliver to the Purchasing Department at the County Administration Building before the time of the official bid opening. Do not bring or mail the bids to the Park Commission.

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EXHIBIT B

RELEASE AND WAIVER 1. Release. As part of the consideration for being allowed to participate in the activity described below, the undersigned agrees that neither the Somerset County Park Commission ("SCPC") nor the County of Somerset, any director, officer, employee, agent or representative or division of the SCPC, the County of Somerset, nor any of their respective successors or assigns (collectively, including the SCPC, the "Representatives") shall be liable for any loss, damage, injury or claim of any kind to person or property arising from or caused by participation by the undersigned in the Activity identified below including, without limitation, any loss, damage or claim arising from an accident or casualty involving the undersigned whether or not on or off the Representative's property. 2. Waiver and Indemnification. The undersigned hereby waives all claims and demands against the Representatives and each of them for any loss, damage, injury (including death) or claim of any kind arising from, related to or caused by participation by the undersigned in the Activity and agrees to indemnify, defend and hold harmless the Representatives from all loss, liability, damages, costs and expenses (including actual attorney's fees) arising from or related to any such loss, damage, injury or claim. Payment shall not be a condition precedent to enforcement of the foregoing indemnity, and if any action or proceeding shall be brought against any Representatives for which the undersigned is to provide indemnification in accordance with the foregoing, the undersigned, upon notice from such Representative, shall defend the same at the undersigned's expense with counsel approved in writing by such representatives. This Release and Waiver have been carefully read by the undersigned and the contents of this document are understood by the undersigned. The undersigned freely executes this document. IN WITNESS WHEREOF, the undersigned hereby has executed this Release and Waiver on the date shown below. Dated:____________ ___________________________ Signature Hunting ___________________________ (Activity) Name-Please Print

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SOMERSET COUNTY PARK COMMISSION

BID DOCUMENT CHECKLIST

Required

With Bid

Read, Signed

& Submitted Bidder’s Initial

A. FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR REJECTION OF BID Stockholder Disclosure Certification Non-Collusion Affidavit Acknowledgement of Receipt of Addenda (To be Completed if Addenda are Issued) Required Evidence EEO/Affirmative Action Regulations Certificate or Questionnaire Catalog/Price List Product Samples Other: Membership roster

B. MANDATORY ITEM(S), REQUIRED NO LATER THAN TIME PERIOD INDICATED

Business Registration Certificate – Bidder to be registered at time of bid submission Business Registration Certificate – Named /Listed Subcontractor(s) Public Works Contractor Registration Certificate(s) for the Bidder and Named/Listed Subcontractors (Prior to

Award, but effective at time of bid)

CD with PDF of Bid Response along with Printed Copies (Ref: Notice to Bidders & Page 2) Certificate of Insurance naming the Park Commission additionally insured due when award a contract

C. READ ONLY Americans With Disability Act of 1990 Language

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications. Name of Bidder: Date: By Authorized Representative: Signature: Print Name & Title:

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SOMERSET COUNTY PARK COMMISSION

BID TITLE NAME BID PROPOSAL FORM

TO THE SOMERSET COUNTY PARK COMMISSION: The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of Services attached, that he/she has determined the conditions affecting the bid and agrees, if this bid is accepted, to furnish and deliver services per the following:

LICENSING OF HUNTING RIGHTS TO TWO (2) PARCELS

IN SOMERSET COUNTY, NEW JERSEY Contract #: PCC-0014-14

AREA

DESCRIPTION

MINMUM 1 YEAR BID AMOUNT

ONE YEAR

TOTAL FOUR YEARS

1 MacArthur Parcel $5,800.00 $_________ $_________

2 Wnek/Grosso Parcel $2,900.00 $_________ $_________

(Corporation) The undersigned is a (Partnership) under the laws of the State of __________________________ having its (Individual) Principal office at .

Company Federal I.D. # or Social Security # Address Signature of Authorized Agent Type or Print Name Title of Authorized Agent Date Telephone Number Email Address Fax Number

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SOMERSET COUNTY PARK COMMISSION EXCEPTIONS

(IF NONE SO STATE)

USE ADDITIONAL SHEET IF NECESSARY

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SOMERSET COUNTY PARK COMMISSION STOCKHOLDER DISCLOSURE CERTIFICATION

N.J.S.A. 52:25-24.2 (P.L. 1977 c.33)

FAILURE OF THE BIDDER TO SUBMIT THE REQUIRED INFORMATION IS CAUSE FOR AUTOMATIC REJECTION

CHECK ONE:

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

I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Legal Name of Bidder Business: _________________________________________________________________ Check which business entity applies:

Partnership Corporation Sole Proprietorship

Limited Partnership Limited Liability Partnership Limited Liability Corporation

Subchapter S Corporation Other

Complete if the bidder/respondent is one of the 3 types of Corporations:

Date Incorporated: Where Incorporated:

Business Address:

STREET ADDRESS CITY STATE ZIP TELEPHONE # FAX # EMAIL Listed below are the names and addresses of all stockholders, partners or individuals who own 10% or more of its stock of any classes, or who own 10% or greater interest therein. NAME HOME ADDRESS NAME HOME ADDRESS CONTINUE ON ADDITIONAL SHEETS IF NECESSARY: Yes No Signature: Date: Printed Name and Title:

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SOMERSET COUNTY PARK COMMISSION NON-COLLUSION AFFIDAVIT

State of _____________ County of _____________ ss: I, _________________________________________ of the City of ______________________________ in the County of _____________________ and State of _________________________ of full age, being duly sworn according to law on my oath depose and say that: I am ____________________________________ of the firm of _____________________________________ (Title or position) (Name of firm) the bidder making this Proposal for the above named project, and that I executed the said proposal with full authority so to do; that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the Somerset County Park Commission of Somerset relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide employees or bona fide established commercial or selling agencies maintained by_________________________________. (name of contractor) (N.J.S.A. 52:34-25) Subscribed and sworn to before me this _______day of ___________, _______. Signature (Type or print name of affiant under signature) _______________________________________ Notary public of My Commission expires ___________________.

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SOMERSET COUNTY PARK COMMISSION

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA The undersigned Bidder hereby acknowledges receipt of the following Addenda:

ADDENDUM NUMBER

DATE

ACKNOWLEDGE RECEIPT (Initial)

______________ ______________ ______________

______________ ______________ ______________

______________ ______________ ______________

______________ ______________ ______________

______________ ______________ ______________

By: (Signature of Authorized Representative) Name: (Print or Type) Title: Date:

FORM NOT REQUIRED IF NO ADDENDA ISSUED

Acknowledged for: (Name of Bidder)

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HUNTING LICENSE AGREEMENT

THIS HUNTING LICENSE AGREEMENT (“Agreement”) is made effective as of September 1,

2014 by and between the Somerset County Park Commission, County of Somerset, State of New

Jersey referred to as LICENSOR and referred to as LICENSEE.

WHEREAS, Licensor has purchased property known as Lot in Block located in the Township of , County of Somerset and State of New Jersey, to be used for Open Space and Park Land in accordance with N.J.S.A. 40:12-16; and WHEREAS, Licensor is and will be charged with the responsibility to develop the property in question for recreation, agricultural, conservation and open space purposes; and WHEREAS, Licensor has acquired the lands described with money from the Open Space Trust Fund; and WHEREAS, it is in the best interest of the Somerset County Park Commission and the County of Somerset to license the subject property for recreation and open space purposes; and WHEREAS, by entering into this License Agreement, the Somerset County Park Commission and the County of Somerset, will be promoting the use of property for recreation and conservation purposes; In consideration of the mutual covenants, terms and conditions hereof, the parties to this Agreement agree as follows:

SECTION 1 - GRANT OF LICENSE

A. LICENSOR hereby grants to LICENSEE a revocable license to enter the property

described and identified on Exhibit A attached hereto (the "Licensed Property") from September 1,

2014 to August 31, 2018 (the “Term”) unless terminated sooner in accordance herewith, for the

specific purpose of hunting pursuant to and in accordance with the terms and conditions of this

Agreement, the applicable requirements of N.J.A.C. 7:36-1.1 et. seq., and Deed restrictions, if

any, pertaining to the Licensed Property.

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B. LICENSEE agrees to accept possession of the Licensed Property in its “as-is” physical

condition for the purposes of this License only, with no maintenance or improvements by

LICENSOR for the Term of this License.

C. LICENSEE agrees that during the Term LICENSOR shall have the right to terminate this

Agreement for any reason or no reason, upon thirty (30) days written notice. In the event of any

such termination, the License Fee will be pro-rated, subject to a minimum retained fee of $1,000.00.

D. LICENSEE may terminate this Agreement during the Term, for any reason or no reason,

provided that LICENSEE provides LICENSOR with prior written notice of termination on or before

March 1st of any year and such termination shall be effective as of August 31st of that year. In the

event of any such termination, the License Fee will be pro-rated, subject to a minimum retained fee

of $1,000.00. In the event this License is terminated by LICENSEE other than in strict accordance

with this provision, LICENSOR shall be entitled to payment in full of the License Fee, including any

payments not yet due pursuant to the schedule set forth at Section 6.

SECTION 2 - TITLE OF LAND

A. LICENSEE acknowledges and agrees that title, ownership and possession of the Licensed

Property are in and shall, during the Term and thereafter, remain with the LICENSOR.

B. LICENSEE acknowledges and agrees that this Agreement is not intended to and does

not create a Landlord-Tenant relationship between LICENSOR and LICENSEE. The parties

agree not to assert that any such relationship exists between them.

SECTION 3 - DUTIES AND LIABILITIES OF LICENSEE

A. LICENSEE hereby covenants and agrees to enter onto the Licensed Property and

hunt in strict and entire conformity with its bid, the specifications, Contract Documents, as

hereinafter identified, relating to, outlining, describing and governing said hunting on and access

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to the Licensed Property, the applicable requirements of N.J.A.C. 7:36-1.1 et. seq., and Deed

restrictions, if any, pertaining to the Licensed Property.

B. The following shall constitute the “Contract Documents”:

I. ADVERTISEMENT: INSTRUCTION TO BIDDERS.

II. BID DOCUMENTS FOR THE LICENSING OF HUNTING RIGHTS,

DATED ____________________.

III. INSTRUCTIONS, SPECIFICATIONS, SCHEDULES AND APPENDICES

RELATING TO THE SCOPE OF THE LICENSE.

IV. PROPOSAL OF DATED ___ .

V. INSURANCE REQUIREMENTS OF THE SOMERSET COUNTY PARK

COMMISSION.

VI. RESOLUTION OF COMMISSION ADOPTED ____________________

AWARDING CONTRACT TO LICENSEE.

C. The Contract Documents are incorporated in this Agreement and made a part hereof

with the same force and effect as if set forth at length herein.

D. All Contract Documents must be signed and returned to the Somerset County Park

Commission by the entity to whom the bid is awarded within ten (10) days of its receipt thereof or

request to appear at Somerset County Park Commission headquarters to sign said documents,

whatever the case may be, and failure to comply with same shall, at the option of the Somerset

County Park Commission, cause said offer to be deemed withdrawn and rejected.

E. LICENSEE shall not commit or permit any unlawful acts, activities or nuisances on the

Licensed Property, nor commit any waste on the Licensed Property and shall be responsible for any

and all damage to the Licensed Property arising from the exercise of LICENSEE's rights under and

pursuant to this Agreement.

F. The LICENSEE, its employees, agents, members and/or guests of the members of

the LICENSEE hereby agree to indemnify and hold harmless the County of Somerset and the

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Somerset County Park Commission, its directors, officers and employees (the “Indemnified Parties”)

against any and all claims, actions, damages, cost, fine, penalty and expense (including reasonable

attorneys fees and disbursements) for personal injuries, death and/or property damage which the

Indemnified Parties may incur, as a result of any act or omission of LICENSEE, its employees,

agents, members and/or their guests on the Licensed Property, for any purpose whatsoever,

whether in accordance with the terms of this Agreement or otherwise. This provision shall survive

termination of this Agreement.

G. LICENSEE shall secure Public Liability Insurance with a combined single limit of

$1,000,000.00 for bodily injury, including death and/or property damage. Said coverage shall be

with a company acceptable to the County of Somerset and the Somerset County Park Commission

in their sole discretion, and shall name the County of Somerset, the Somerset County Park

Commission and the New Jersey Department of Environmental Protection, as Additional Insureds

under said policy and that a Certificate of Insurance shall be forwarded to the LICENSOR, as a

condition of the members of the LICENSEE entering upon said lands. This policy of insurance shall

be primary in nature and shall contain a provision that the insured will not cancel such coverage

without first giving thirty (30) days prior written notice to the LICENSOR.

H. LICENSEE acknowledges and agrees that LICENSOR shall not be liable or

responsible in any manner for any damage or destruction to, or theft of, any personal property of

LICENSEE under any circumstances. LICENSEE, its employees, agents, members and/or guests of

the members of LICENSEE hereby release and agree to indemnify and hold harmless the

Indemnified Parties from any claims, actions, damages, costs and expense (including reasonable

attorneys fees and disbursements) arising out of any such personal property damage or loss. This

provision shall survive termination of this Agreement.

I. LICENSEE shall post the lands licensed for hunting rights and shall be responsible to

patrol such grounds.

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SECTION 4 - CONDITIONS OF LICENSE

A. There shall be no gun hunting before 9:00 a.m. on Sundays.

B. Gun hunters are to hunt away from occupied buildings and not within 450 feet of

same, bow hunters not within 150 feet of same.

C. There shall be no consumption of alcoholic beverages on or discarding of trash on the

premises.

D. At the sole discretion of the LICENSOR, this License shall be cancelled upon seventy-

two (72) hours written notice either for a violation of any of the conditions herein or for any other

cause whatsoever as determined in the sole discretion of the LICENSOR. In the event of

cancellation, the License hunting fee will be pro-rated, subject to a minimum retained fee of

$1,000.00.

E. LICENSEE agrees not to cut trees, and will not make or allow any physical change

in the natural conditions of the Licensed Property.

F. LICENSEE shall open, close and secure any gates or barriers upon entering and

leaving the Licensed Property, to prevent unauthorized vehicles from entering the Licensed

Property. LICENSEE shall at no time block or obstruct gates or access to the Licensed Property to

assure access of emergency vehicles at all times.

G. Only portable/temporary tree stands shall be used. No permanent tree stands shall

be built.

H. Temporary structures such as hunting camp trailers may not be located on the

Licensed Property unless approved by LICENSOR in writing.

SECTION 5 - LICENSOR'S USE AND POSSESSION OF PROPERTY

LICENSEE shall not in any way hinder, obstruct or interfere with LICENSOR or LICENSOR’s

directors, employees, officers or agent(s) in their use and possession of the Licensed Property and

other properties owned by LICENSOR or in the performance of any farming and/or development or

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construction work on any such property.

SECTION 6 - FEE FOR HUNTING RIGHTS

The fee, $xxxxxx.xx per year (the “License Fee”), for said hunting rights for the period stated

shall be payable in advance according to the following schedule:

$xxxxxx.xx on September 1, 2014 $xxxxxx.xx on September 1, 2015 $xxxxxx.xx on September 1, 2016 $xxxxxx.xx on September 1, 2017

SECTION 7 - RELEASE AND WAIVER

A. LICENSEE, its members and their guests shall each be required to sign the attached

Release, Waiver and Indemnity statement (Exhibit B) and cause the same to be delivered to the

Somerset County Park Commission Headquarters prior to engaging in any hunting activity on the

Licensed Property.

B. The LICENSEE acknowledges that while the Licensed Property is owned by the

County of Somerset and operated by the Somerset County Park Commission, the farming rights

may be currently licensed to a third party (“Farmer”) under a publicly let farm license. The

LICENSEE represents and acknowledges that its authorized representatives have met with

representatives of the Farmer and that the LICENSEE is aware of the Farmer’s rights, duties and

obligations under its farm license and that the LICENSEE’s representatives as well as the

representatives of the Farmer are satisfied that the LICENSEE can conduct its hunting activities in

such a way that it will not interfere with the operations of the Farmer. Upon entry of this Agreement,

the LICENSEE’s representatives agree that they will cause to be delivered to the representatives of

the Farmer by certified mail, return receipt requested, with a copy of the letter of transmittal to

Raymond Brown, Secretary-Director of the Somerset County Park Commission, a copy of this

Agreement.

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C. In the event that the Farmer’s representatives voice concern, complaint or otherwise

indicate to LICENSEE that the LICENSEE or one or more of its employees, agents, members and/or

guests are unduly interfering with the operations of the Farmer and LICENSEE and the Farmer are

unable to reach a mutually acceptable resolution, then, in that event, either the LICENSEE or the

Farmer’s representatives shall cause a notice to be served upon Somerset County Park

Commission’s Secretary-Director, Raymond Brown, detailing the dispute. Raymond Brown will

assess the situation and then make suggestions in an attempt to mediate the problem; however, all

parties recognize that the LICENSOR retains the right to exercise its absolute right of termination in

its sole discretion in the event a resolution to the problem(s) satisfactory to all parties is not

forthcoming.

SECTION 8 – SURRENDER OF LICENSED PROPERTY

At the end of the Term or any sooner termination of this Agreement, LICENSEE shall (i)

vacate the Licensed Property; (ii) remove all of LICENSEE’S property, if any, from the Licensed

Property; (iii) repair all damages to the Licensed Property, and (d) return the Licensed Property to

LICENSOR in the same condition as it was at the beginning of the Term, except for normal wear

and tear and casualty. LICENSEE hereby indemnifies and agrees to defend and hold

LICENSOR harmless from and against any loss, cost, liability, claim, damage, fine, penalty and

expense (including reasonable attorneys’ fees and disbursements) resulting from delay by

LICENSEE in surrendering, restoring and repairing the Licensed Property upon the termination of

this Agreement. Except as may otherwise provided for in this Agreement, if LICENSEE holds

over its possession after the termination of this Agreement, such holding over shall not be

deemed to extend this Agreement, and LICENSEE shall pay to LICENSOR all damages that

Licensor may suffer on account of LICENSEE’s failure to surrender to LICENSOR possession of

the Licensed Property. The aforesaid provisions of this Agreement shall survive the termination

of this Agreement.

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SECTION 9 - NO WAIVER

The failure of any party to this Agreement to insist on the performance of any terms and

conditions of this Agreement or to exercise any rights with respect to any breach of any of the terms

and conditions of this Agreement shall not be construed as thereafter waiving any such terms,

conditions and/or rights, but such terms, conditions and rights shall continue and remain in full force

and effect as if no such forbearance or waiver had occurred.

SECTION 10 - ENTIRE AGREEMENT

This Agreement, together with the Contract Documents set forth and incorporated herein at

Section 3, constitutes the entire agreement between the parties and no prior understanding or

representation of any kind preceding the date of this Agreement and not set forth herein shall be

binding on either party.

SECTION 11 - MODIFICATION OF AGREEMENT

This Agreement may not be changed or modified, except in writing, signed by each party or an

authorized representative of each party.

SECTION 12 - GOVERNING LAW

This Agreement shall be governed by, construed and enforced in accordance with the laws of

the State of New Jersey.

SECTION 13 – ASSIGNMENT OF RIGHTS

The rights of LICENSEE under this Agreement are personal to LICENSEE and may not be

assigned or transferred to any other person, firm, corporation or entity without the express written

consent of LICENSOR, which LICENSOR may withhold or condition in its sole discretion.

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SECTION 14 – NOTICES

Any notices required to be sent under this Agreement, other than as required pursuant to

Section 7 hereof, shall be sent to the contact person set forth in the Contract Documents at the

address provided therein.

IN WITNESS WHEREOF, the parties have agreed to be bound by the terms and provisions herein as of the day and year first above written.

SOMERSET COUNTY PARK COMMISSION, LICENSOR By:_________________________ ___________________________ Steven Fuerst, President Witness Date: ______________________ ____________________________, LICENSEE Hunt Club Name By:_________________________ ___________________________ Witness Date:________________________