Somerset County Park Commission Entertainment Consulting Services & Sound Production For 2026 Summer Concerts at Duke Island Park

SOMERSET COUNTY PARK COMMISSION
PURCHASING DIVISION PO BOX 3000 - 20 GROVE STREET
PHONE: (908) 231-7043
MELISSA A. KOSENSKY, QPA, SOMERSET COUNTY AD M INISTRATION BUILDING Fax: (908) 575-3917
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SOMERVILLE, N J 08876 - 1262
NOTICE OF RFP
Professional and Exempt Services
The Somerset County Park Commission is soliciting proposals through a fair and open process in
accordance with N.J.S.A. 19:44A-20.4 et seq.
Sealed responses will be received by the Purchasing Agent for the Somerset County Park
Commission on February 25, 2026 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 responses will be opened and read in public for:
Somerset County Park Commission
Entertainment Consulting Services &
Sound Production For 2026 Summer
Concerts at Duke Island Park
Contract #: PC-XS-0005-26
We value the integrity of the procurement process, and in full transparency, the RFP opening will
be conducted via Live-Stream from the County Commissioners Meeting room. You can access the
Live-Stream from the County's homepage at the prevailing date and time stated in this Notice of
RFP. During the RFP opening process, the respondents will be announced as well as RFP
amounts.
RFP responses must be made on the standard proposal forms, be enclosed in a sealed package
bearing the name and address of the respondent and the "RFP TITLE NAME & CONTRACT #"
on the outside, addressed to Melissa A. Kosensky, Purchasing Agent, at the address above.
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.somersetcountynj.gov.
Any RFP Addenda will be issued on the website, and processed in accordance with N.J.S.A.
40A:11-23(c)(1). All interested respondents should check the website from now through RFP
opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related
to this procurement.
Respondents are required to comply with the requirements of N.J.S.A 10:5-31 et seq. and N.J.A.C
17:27 et seq.
Melissa A. Kosensky, QPA, CCPO, RPPO
Purchasing Agent - Somerset County
Legal Publication Date: February 3, 2026
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1. Introduction
This contract is to furnish and deliver artist talent and sound production for a series of up to six free
public concerts to be held in the summer of 2026. Five concerts are to be held on Sunday evenings in
July and August at Duke Island Park, Bridgewater, New Jersey, and one concert at the Fourth of July
Festival at North Branch Park, Bridgewater, New Jersey held on Saturday, July 4, 2026 through a fair and
open process in accordance with N.J.S.A. 19:44A-20.4 et seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner to
determine the proposal as non-responsive to the RFP and will be a factor in the determination of an award
of a contract. The contents of the proposal of the successful respondent, as accepted by the owner, will
become part of any contract awarded as a result of this RFP.
2.1 Schedule
The dates established for respondent proposals, proposal review, contractor selection and
project initiation are:
1. Release of RFP February 3, 2026
2. Proposal Due Date February 25, 2026 at 2:00 PM
3. Evaluation Completed March 2026
4. Governing Body Action March 2026
2.2 Proposal Submission Information
Submission Date and Time:
February 25, 2026 at 2:00 PM
One (1) Original signed in ink & three (3) copies and One (1) copy on CD or USB Flash Drive
.pdf format of the RFP response. The owner is storing all responses electronically; therefore
submit all pages of the RFP response on a CD or USB Flash Drive in addition to the printed
three (3) copies.
Three (3) ring binders or elaborate binding is unnecessary.
Submission Office:
Office of the Purchasing Agent
Administration Building - 3rd Floor
20 Grove Street
Somerville, NJ 08876
Clearly mark the submittal package with the title of this RFP and the name of the responding
firm, addressed to the Purchasing Agent. The original proposal shall be signed in ink and
marked to distinguish it from the three (3) copies. Faxed or emailed proposals will NOT be
accepted.
Only those RFP responses received prior to or on the submission date and time will be
considered. Responses delivered before the submission date and time specified above may be
withdrawn upon written application of the respondent who shall be required to produce
evidence showing that the individual is or represents the principal or principals involved in the
proposal. After the submission date and time specified above, responses must remain firm for
a period of sixty (60) days.
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2.3 Using Department Information
Somerset County Park Commission
Recreation
355 Milltown Road
Bridgewater, NJ 08807
2.4 Park Commission Representative for this Solicitation
Please direct all questions in writing to:
Melissa A. Kosensky, QPA, CCPO, RPPO
Purchasing Agent
Voice: 908-231-7043
Fax: 908 575-3917
Email: PurchasingDiv@somersetcountynj.gov
Questions by prospective respondents concerning this RFP may be addressed to Melissa A.
Kosensky, QPA, CCPO, RPPO Purchasing Agent for the Somerset County Park Commission in
writing via fax at 908-575-3917 or by email: PurchasingDiv@somersetcountynj.gov. Please
note the aforementioned contact is authorized only to direct the attention of prospective
respondents to various portions of the requirements so that they may read and interpret each
portion for themselves. NO employee of the Somerset County Park Commission is authorized
to give interpretations of any portion of this RFP or to give information as to the requirements
for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary,
shall be communicated to prospective respondents only by written addendum issued by the
Purchasing Agent of the Somerset County Park Commission.
Please identify the contract name, number and note Request for Information as the subject line
when submitting a request by fax or email.
2.5 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All
questions about the meaning or intent of this RFP, all interpretations and clarifications
considered necessary by the owner's representative in response to such comments and
questions will be issued by Addenda mailed or delivered to all parties recorded as having
received the RFP package. Only comments and questions responded to by formal written
Addenda will be binding. Oral interpretations, statements or clarifications are without legal
effect.
2.6 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP,
including the Proposal Cost Form, they are given for use in comparing proposals. The owner
especially reserves the right (except as herein otherwise specifically limited) to increase or
diminish the quantities as may be deemed reasonably necessary or desirable by the owner to
complete the work detailed by the contract. Such increase or diminution shall in no way violate
this contract, nor shall any such increase or diminution give cause for claims or liability for
damages.
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2.7 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the Respondents prior to
the issuance of an agreement. The liability of the owner shall be limited to the terms and
conditions of the contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates
either stated in the proposal or used as a basis for its pricing are required to be all-inclusive.
Additional charges, unless incurred for additional work performed by request of the owner as
noted in 2.6, are not to be billed and will not be paid.
2.8 Statutory and Other Requirements
2.8.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with
and subject to compliance by both parties with the New Jersey Local Public Contracts Law. The
contractor must agree to comply with the non-discrimination provisions and all other laws and
regulations applicable to the performance of services there under. The respondent shall sign
and acknowledge such forms and certificates as may be required by this section.
2.8.2 MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE - N.J.S.A. 10:5-31 et seq.
and N.J.A.C. 17-27 et seq.
No firm may be issued a contract unless it complies with the affirmative action provisions of
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. as administered by the Division of
Purchase & Property Contract Compliance and Audit Unit (Division) and provided below. The
contract will include the language included as attachment A in this specification.
1. Goods, Professional Services and Service Contracts
Each contractor shall submit to the public agency, after notification of award but prior to
execution of a goods and services contract, one of the following three documents:
i. A Letter of Federal Approval indicating that the vendor is under an existing federally
approved or sanctioned affirmative action program. A copy of the letter must be
provided by the vendor to the Public Agency and Division. This approval letter is valid
for one year from the date of issuance.
ii. A Certificate of Employee Information Report (hereafter "Certificate"), issued in
accordance with N.J.A.C. 17:27 et seq. The vendor must provide a copy of the
Certificate to the Public Agency as evidence of its compliance with the regulations. The
Certificate represents the review and approval of the vendor's Employee Information
Report, Form AA-302 by the Division
iii. The successful respondent shall complete an Initial Employee Report, Form AA-302 and
submit it to the Division with a check or money order for $150.00 made payable to
"Treasurer, State of New Jersey" www.state.nj.us/treasury/contract_compliance
2.8.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the
documents attached hereto and agree that the provisions of Title II of the Act are made part of
the contract. The contractor is obligated to comply with the Act and hold the owner harmless.
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2.8.4 Ownership Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977 c.33)
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 RFP response/bid
or accompanying the RFP response/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 non-corporate stockholder and individual partner, exceeding the 10% ownership criteria
established in this act has been listed. The form shall be signed and submitted with the RFP
proposal/bid whether or not a stockholder or partner owns less than 10% of the business
submitting the RFP proposal/bid. Failure to comply requires mandatory rejection of the RFP
proposal/bid. The Respondent shall complete and submit the form of statement that is included
in this RFP.
2.8.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted
with the RFP response.
2.8.6 Proof of N.J. Business Registration Certificate - N.J.S.A. 52:32-44
Pursuant to N.J.S.A. 52:32-44, Somerset County ("Contracting Agency") is prohibited from
entering into a contract with an entity unless the bidder/proposer/contractor, and each
subcontractor that is required by law to be named in a bid/proposal/contract has a valid
Business Registration Certificate on file with the Division of Revenue and Enterprise Services
within the Department of the Treasury.
Prior to contract award or authorization, the contractor shall provide the Contracting Agency
with its proof of business registration and that of any named subcontractor(s).
Subcontractors named in a bid or proposal shall provide proof of business registration to the
bidder, who in turn, shall provide it to the Contracting Agency prior to the time of contract,
purchase order, or other contracting document is awarded or authorized.
During the course of contract performance:
(1) The contractor shall not enter into a contract with a subcontractor unless the
subcontractor first provides the contractor with a valid proof of business registration.
(2) The contractor shall maintain and submit to the Contracting Agency a list of
subcontractors and their addresses that may be updated from time to time.
(3) The contractor and any subcontractor providing goods or performing services under the
contract, and each of their affiliates, shall collect and remit to the Director of the
Division of Taxation in the Department of Treasury, the use tax due pursuant to the
Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal
property delivered in the State. Any questions in this regard can be directed to the
Division of Taxation at (609) 292-6400. Form NJ-REG can be filed online at
www.state.nj.us/treasury/revenue/busregcert.shtml.
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Before final payment is made under the contract, the contractor shall submit to the Contracting
Agency a complete and accurate list of all subcontractors used and their addresses.
Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a
business registration as required, or that provides false business registration information, shall
be liable for a penalty of $25.00 for each day of violation, not to exceed $50,000, for each proof
of business registration not properly provided under a contract with a contracting agency.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration
Certificate within two weeks from the date of purchase or execution of the contract or prior to
payment for goods or services, whichever is earlier.
2.8.7 "Pay to Play" - Notice of Disclosure Requirement
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. 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.
2.8.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in
this Agreement without the prior written consent of the other party. Unless specifically stated
to the contrary, in writing, prior to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement. Nothing herein shall be
construed to give any rights or benefits to anyone other than the owner and the Contractor.
2.8.9 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 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 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.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and
employees, hereinafter referred to as indemnitees, 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 Worker's 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.
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Insurance Requirements:
Worker's Compensation and Employer's Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor
covering all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-
12(a) and N.J.A.C. 12:235-1.6. Minimum Employer's Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and
$3,000,000.00 any one accident for bodily injury and $3,000,000.00 aggregate for property
damage, and shall be maintained in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles
with limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident
for bodily injury and $3,000,000.00 each accident for property damage, shall be maintained in
force during the life of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance
that each such policy for each staff member remains full and in effect while providing services
for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Somerset
County Park Commission as additionally insured, evidencing the existence of required insurance
prior to the commission of work. Said insurance must include coverage for complete
operations, contractual insurance and independent contractor or subcontractor insurance,
where and if applicable.
Errors and Omissions Insurance
A. The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Somerset County Park
Commission from any and all claims that may arise out of or result from the contractor's
performance of this contract. Specifically, the errors and omissions insurance shall have
limits of not less than $2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in
the aggregate.
B. Certificates of the Required Insurance
Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Somerset County Park Commission with a Certificate of
Insurance naming the Park Commission, its employees, officers, and agents as additionally
insured, and evidencing the existence of required insurance prior to the commission of
work.
Somerset County Park Commission will not accept Mutual Limitation of Liability terms.
2.8.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA
(If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability
and Accountability Act of 1996 ("HIPAA") as maybe amended from time to time, and the
corresponding HIPAA regulations for the confidentiality and security of medical information.
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The Contractor shall:
* Not use or disclose protected health information other than as permitted or required by law
* Use appropriate safeguards to protect the confidentiality of the information
* Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner
harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred
as the result of the failure of the contractor to comply with the requirements of the Health
Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting
the privacy of persons using its services.
2.8.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the
person responsible for the work, shall be provided as required.
2.8.12 Disclosure of Investment Activities in Iran - P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in
certain investment activities in energy or finance sectors of Iran. Bidders must indicate if they
comply with the law by certifying the form. Pursuant to N.J.S.A. 40A:11-2.1 the County is
required to notify the New Jersey Attorney General if it determines a false certification has been
submitted.
2.9 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner
opts to extend terms and conditions of this RFP, the contractor agrees to extend the terms and
conditions of this RFP, whether existing, expiring or expired no longer than six months, for
goods and/or services for the duration of the emergency. In the event the original contractor
cannot meet this requirement, the owner may solicit the goods and/or services from any bidder
on this contract.
2.10 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association
under the same or different names shall not be considered.
2.11 Subcontractors
The owner will consider the primary contractor to be the sole point of contact with regard to
contract matters. The primary contractor will be required to assume sole responsibility for
delivery of all services.
2.11.1 Use of Sub-consultants
Respondent may find it advantageous to include sub-consultants in their proposal. Such an
arrangement is acceptable provided that the relationship between firms is clearly defined and
the method of maintaining proper project management and oversight is described within the
proposal. The use of sub-consultants is left to the discretion of respondent, provided that the
criteria of adequate capability in all areas of the scope of work is met. Any sub-consultants
must be identified in the same manner as the primary consultant.
2.12 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten
(10) days, Sundays and holidays excepted, the owner may then, at its option, accept the
proposal of another respondent.
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2.13 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice
from the using department.
2.14 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner,
that the date on which the work shall be substantially complete as specified in the RFP is an
essential condition of this contract. It is further mutually understood and agreed that the work
and contract time embraced in this Contract shall commence on the date specified and that the
resulting contract shall be completed in sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and
uninterruptedly at such rate of progress as will ensure full completion thereof within the time
specified. It is expressly understood and agreed, by and between the respondent and the
owner, that the time of completion of the services described herein is a reasonable time for the
completion of it.
2.15 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner
obligations under the Contract or if the contractor violates any requirements of the Contract,
the owner shall thereupon have the right to terminate the Contract by giving written notice to
the contractor of such termination at least thirty (30) days prior to the proposed effective date
of the termination. Such termination shall relieve the owner of any obligation for the balances
to the contractor of any sum or sums set forth in the Contract.
The contractor agrees to indemnify and hold the owner harmless from any liability to
subcontractors/suppliers concerning payment for work performed or goods supplied arising out
of the lawful termination of the Contract by the owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other
sources and hold the contractor responsible for any excess cost occasioned thereby.
2.16 Non-Allocation of Funding Termination
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 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 this Agreement during the term, or any
service hereunder, merely in order to acquire identical services from a third party contractor.
2.17 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified
in any of the terms or provisions of this Agreement if the fulfillment of any term or provision of
this Agreement 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 this Agreement is delayed or prevented by any court order, or
action or injunction or other such agreement, this Agreement shall become voidable by the
Somerset County Park Commission by notice to each party.
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2.18 The owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all
covenants and agreements and obligations of this contract.
2.19 The terms of this contract shall be construed and interpreted, and all respective rights and
duties of the parties shall be governed by the laws of the State of New Jersey.
2.20 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with
the Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or
the award of contract.
2.21 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and
correlation between the services claimed, all backup documentation (mileage, time logs,
receipts for expenses, etc.), amount remaining in total balance, and the Proposal Cost Form.
Somerset County Park Commission will provide a sample Progress Report and Invoice for the
Hired Consultant to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered
evidence including but not limited to the following:
1 Deliverables not complying with the project specification;
2 Claims filed or responsible evidence indicating probability of filing claims;
3 A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because
of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services
performed during the prescribed period, the amount claimed and correlation between the
services claimed and the Proposal Cost Form.
2.22 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. Somerset
County Park Commission will not pay penalties and/or interest on overdue bills. No employee is
authorized to sign a letter of credit or any other document that represents a legal commitment
on the part of the Somerset County Park Commission to pay additional fees.
2.23 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both
hard copy and digital furnished by the owner to the contractor for the purpose of assisting the
contractor in the performance of this contract. All such items shall be returned immediately to
the owner at the expiration or termination of the contract or completion of any related services,
pursuant thereto, whichever comes first. None of the documents and/or property shall, without
the written consent of the owner, be disclosed to others or used by the contractor or permitted
by the contractor to be used by their parties at any time except in the performance of the
resulting contract.
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