2-RFB-RC-2025-113 Interruptible Natural Gas.pdf

PAGE: 1

COUNTY OF ROCKLAND - DGS-PURCHASING

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

TELEPHONE: 845-364-3820 / TELEFAX: 845-364-3809

TITLE: Interruptible Natural Gas

RFB #: RFB-RC-2025-113

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies available to the County of Rockland.

ELECTRONIC BID SUBMISSION ENCOURAGED

Proposals may be submitted electronically through the County’s BONFIRE BID Submission Portal. Please refer to the instructions titled: Electronic Bid Submission Instructions for Suppliers

BIDDER’S NAME: __________________________________________________________________________________________

PHYSICAL ADDRESS: _______________________________________________________________________________________ Bidders must list a physical address

MAILING ADDRESS : _______________________________________________________________________________________

(P.O. BOX NUMBER, IF APPLICABLE)

Bids for the above referenced bid number and title will be received until 11:30 AM on October 8, 2025 via electronic bid submission through the BONFIRE Portal or at the Rockland County Purchasing Department, at the above address and at that time all bids will be publicly opened and read. Specifications and bid forms may be downloaded at: https://rocklandgov.bonfirehub.com/portal and/or www.bidnetdirect.com. Please make note that the United States Postal Service does not deliver directly to this facility, however, other overnight couriers DO deliver directly to our facility. It is recommended that proposals be submitted in advance, at least one day prior to the specified date and time to allow for a timely receipt. LATE BIDS will NOT be considered

TERMS: 12 months, 24 months, & 36 months

Prices are to be quoted F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED with deliveries to be made to: As specified

IMPORTANT NOTICE – Bid Distribution:

The County of Rockland officially distributes bidding documents through the Empire State Purchasing Group's Regional Bid

Notification System. Copies of bidding documents obtained from any other source are not considered official copies. Only those vendors who obtain bidding documents from either the Regional Bid Notification System are guaranteed to receive addendum information, if such information is issued. Appendix A (Revised 08/2010) – General Terms and Conditions for all Purchasing Division Contracts is a separate attachment. Bidders must download, read, and acknowledge acceptance of Appendix A on the proposal page. If you have obtained this document from a source other than the Empire State Regional Bid Notification System, it is recommended that you obtain an official copy.

NOTE: The proposal of each bidder must contain the certification to non-collusive bidding as set forth in section 103-d of the General Municipal Law included in the specifications. This requirement must be strictly complied with. Filing of

Affidavit of Disclosure is mandatory when submitting your bid for this project.

The undersigned reserves the right to reject any and all proposals and to accept any proposal or proposals as submitted, or as modified, which in the opinion of the undersigned will be in the best interests of the County of Rockland.

DATED: 9/18/25 COUNTY OF ROCKLAND

POMONA, NY

BY: PAUL J. BRENNAN, FNIGP,NIGP-CPP CPPO, DIRECTOR OF

PURCHASING

PLEASE MAKE COPY OF BID FOR YOUR RECORDS

https://rocklandgov.bonfirehub.com/portal/?tab=openOpportunities http://www.bidnetdirect.com/

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

BIDDER’S CHECK LIST

Your response to the above referenced bid may be considered unresponsive and may be rejected if the following forms are not included at the time of the bid opening. If submitting your pricing via electronic bid submission please see Electronic Bid Submission Instructions for Suppliers.

FORMS

STATEMENT OF REQUIRED DISCLOSURES, REPRESENTATIONS AND

CERTIFICATIONS

Experience / References form

Valid NYS Worker’s Compensation and Disability Certificates or Attestation of

Exemption

Signed Bid Acknowledgment Form

BID DEPOSIT

BID SECURITY

If required, each bid must be accompanied by a certified check made payable to the County of Rockland in the amount indicated below. In lieu of such check, the bidder may furnish a bid bond in the same amount, and having as surety thereon a surety company licensed to do business in the State of New York and approved by the County Attorney. Checks or bid bonds of all formal bidders will be returned after an award has been made.

The amount of the bid deposit required for this bid is:

$500.00 5% of Total Bid Waived Other: _____________

INSURANCE INFORMATION

The County of Rockland requires a current insurance certificate, with the County of

Rockland listed as additional insured, to be on file in the Purchasing Department. You will be given five (5) business days from notice of award to supply this form or the award will be rescinded.

OTHER INFORMATION/REQUIREMENTS

Samples and/or Specifications as required

Bidders must send materials, marked with Company Name, Bid No. and Item No. on bid when bidding on or equal items. These must be received prior to bid opening.

Pre-Bid Meeting – See detailed Instructions under the Specification Section.

OTHER: _____________________________________________________________________________

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

Electronic Bid Submission Instructions for Suppliers

Please follow these instructions to submit via our Public Portal.

1. Prepare your submission materials:

Requested Information

Name Type # Files Requirement Instructions

Qualifications File Type: PDF

(.pdf) Multiple Required

Statement of Disclosures File Type: PDF

(.pdf) 1 Required

Certificate of Experience File Type: PDF

(.pdf) 1 Required

RFB-RC-2025-113-

Interruptible Natural Gas (BT-

26WY)

BidTable: Excel

(.xlsx) 1 Required

You will need to fill out the provided Response

Template for this BidTable.

The Response Template can be downloaded from the project listing on the

Bonfire portal.

Valid NYS Wkm's

Compensation and NYS

Disability Certificates or

Attestation of Exemption

File Type: PDF

(.pdf) 1 Optional

Valid Certificate of Liability

Insurance (see sample certificate which identifies the coverage and limits required as well as sample language to name the County of Rockland as additionally insured)

File Type: PDF

(.pdf) 1 Optional

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

Requested Documents:

Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

Requested BidTables:

The BidTable Response Templates can be obtained at https://rocklandgov.bonfirehub.com/opportunities/202783.

Please note that BidTables may take a significant amount of time to prepare.

2. Upload your submission at:

https://rocklandgov.bonfirehub.com/opportunities/202783

Your submission must be uploaded, submitted, and finalized prior to the Closing Time of Oct 08, 2025 11:30

AM EDT. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before

Closing Time to begin the uploading process and to finalize your submission.

Important Notes:

Each item of Requested Information will only be visible after the Closing Time.

Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help?

Rockland County uses a Bonfire portal for accepting and evaluating proposals digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://vendorsupport.gobonfire.com/hc/en-us mailto:support@gobonfire.com https://vendorsupport.gobonfire.com/hc/en-us

PAGE: 5

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

RECEIPT CONFIRMATION FORM

PLEASE COMPLETE AND RETURN THIS CONFIRMATION FORM

WITHIN 5 WORKING DAYS OF RECEIVING BID PACKAGE TO:

PAUL J. BRENNAN, FNIGP, NIGP-CPP, CPPO

Director of Purchasing, Department of General Services County of Rockland Sanatorium Road, Bldg. A, Pomona, NY 10970 Tele. (845) 364-3820 Fax: (845) 364-3809 Email: Purchasing@co.rockland.ny.us

Failure to return this form may result in no further communication or addenda regarding this Bid.

Company Name: ________________________________________________________________________

Address: ______________________________________________________________________________

City: ______________________________________________ State: _________ Zip Code: ________

Contact Person: _________________________________________________________________________

Phone Number: ______________________________EXT:_____ Fax Number: ______________________

Email: _____________________________________

I have received a copy of the above noted BID.

We will be submitting a Bid

We will NOT be submitting a Bid – (please indicate reason)

Is your firm:

NYS Certified MWBE or

Service-Disabled Veteran Own Business

Signature: __________________________________________________________________

Title: __________________________________________________________________

If a bidders meeting has been arranged for this Bid, please indicate if you plan to attend: Yes / No

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

SPECIFICATIONS

The County of Rockland is seeking bids from Retail Natural Gas Supply Companies to provide Interruptible

Natural Gas (IT Natural Gas) Supply Service to two (2) service accounts located in Rockland County. This is a cooperative purchase that includes the County of Rockland and Rockland Community College (RCC).

Notice is hereby given that the sealed proposals will be received on Wednesday, October 8, 2025 no later than

11:30 AM EST to:

Paul J, Brennan, CPPO

Director of Purchasing

Department of General Services – Purchasing Division

50 Sanatorium Rd., Bldg. A,6th, Pomona, NY 10970 purchasing@co.rockland.ny.us

Proposals must be received electronically on the Bonfire portal as noted in the submission instructions.

The County of Rockland will notify the awarded bidder by 3:30pm on October 8,2025.

Account List and information regarding the Energy Consultant Administrative Fee will be provided to all qualified firms.

Energy Service Companies (ESCO’s) may request a letter of authorization to provide to Orange and Rockland

Utilities to obtain gas usage and account information. Please send request by September 30, 2025 to purchasing@co.rockland.ny.us .

THE COUNTY IS NOT RESPONSIBLE FOR ANY BID PROPOSALS THAT ARE NOT RECEIVED

IN A TIMELY MANNER.

The proposal must be accompanied by all documents required by the conditions and specifications for submitting a proposal.

The County of Rockland reserves the right to reject any and all proposals, waive informalities, and make such awards or take action as may be in the best interest of the participating agencies.

mailto:purchasing@co.rockland.ny.us

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

1. PURPOSE

The County of Rockland is seeking Bids from Retail Natural Gas Supply Company to provide

Interruptible Natural Gas (IT Natural Gas) Supply Service to the County of Rockland and Rockland

Community College (RCC).

Both Agencies shall contract separately and shall individually be responsible for all payments for the natural gas purchased on their behalf.

Below please find a summary of the account groups, number of accounts and entities included in this bid process as well as the account numbers and monthly volumes by account and their combined usage for the past three (3) years:

Account Group Service Start Month

Number of

Accounts

Number of Entities (Also, # of Contracts)

3 Year Average

Volume

Interruptible-service accounts

January 2026 2 2 (County, RCC) 52,000 Dth

Entity ORU Account # Service Address

County of Rockland 42940-04000-1 50 Sanatorium Road, Pomona, NY 10970

Rockland Community College 09318-32000-0 145 College Rd, Suffern, NY

10901

Rockland Community College (Dth Usage)

2022 2023 2024 3YR AVG

Jan 4,871 4,327 5,925 5,041 Feb 4,824 4,078 4,136 4,346 Mar 3,495 4,060 3,066 3,540 Apr 2,227 1,542 1,841 1,870 May 699 514 406 540 Jun 461 166 1,062 563 Jul 830 265 1,451 849 Aug 1,063 95 1,230 796 Sep 251 289 542 361 Oct 665 670 306 547 Nov 2,346 2,356 2,919 2,540 Dec 4,500 4,169 6,078 4,916

TOTAL 26,232 22,530 28,962 25,908

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

2. ENERGY CONSULTANT OF RECORD

The County and participating agencies have appointed NORESCO, LLC as its exclusive Energy

Consultant of Record for this cooperative natural gas purchase.

Contact information: NORESCO, LLC

510 Thornall St., Suite 170

Edison NJ 08837

Tofik Shiliwala tofik.shiliwala@noresco.com

The awarded Retail Natural Gas Supply Company is fully responsible for the energy consultant’s fee and should contact the consultant directly for details of payment prior to the bid. Fee must be universal and based upon the total natural gas loads contracted. Fee is a cost to the supplier and any price offered to the participating Agencies shall be inclusive of this cost. At no time shall the ESCO pass through any additional cost to the customer for this fee.

3. RECEIPT, OPENING, WITHDRAWAL OF BIDS, AND FAILURE TO RESPOND

Sealed Bids shall be received by the County on the date, time and locations as well as the manner listed in the advertisement. Any bid may be withdrawn prior to the time for opening of bids or the authorized postponement thereof. Any bid received after the opening of the bids will not be considered.

4. PREPARATION OF BID

The County reserves the right to reject any or all bids or to waive any informality in the bids received as permitted by law. All bids must be submitted electronically through the Bonfire Portal.

Combined

2022 2023 2024 3YR AVG

Jan 11,386 8,624 11,002 10,337 Feb 9,404 8,042 8,482 8,643 Mar 7,317 8,526 6,827 7,557 Apr 4,765 3,852 4,325 4,314 May 1,442 1,127 1,343 1,304 Jun 951 166 1,924 1,014 Jul 1,283 265 1,451 1,000 Aug 1,551 95 1,230 959 Sep 722 289 542 518 Oct 2,757 2,770 1,750 2,426 Nov 5,413 5,449 5,370 5,411 Dec 8,711 8,411 10,560 9,227

TOTAL 55,702 47,616 54,806 52,708

mailto:tofik.shiliwala@noresco.com

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

5. QUALIFICATION OF BIDDER

5.1 If not already qualified by the County and the County of Rockland’s Consultant the Retail Natural

Gas Supply Company must provide information for the County and the County’s Consultant to review to determine the qualifications to provide service(s) for the County of Rockland, and participating agencies.

5.1.1 The Retail Natural Gas Supply Company must submit information detailing their ability to serve customers with multiple accounts.

5.2 The County of Rockland has multiple accounts servicing several locations throughout the County.

5.3 Current Contracts also include a Cooperative which includes service to Rockland Community

College.

5.3.1 A minimum of two (2) references providing similar services to municipalities, commercial and/or industrial load accounts.

5.4 The references must include the municipality name and complete contact information.

5.5 New York specific experience;

5.5.1 Number of years serving customers in New York

5.5.2 Description of resources available to serve customers in this region

5.5.3 Provide applicable New York energy supplier license/registration

5.6 Conditional Bids will not be accepted.

6. PRICING REQUIREMENTS FOR INTERRUPTIBLE (IT)-SERVICE NATURAL GAS

6.1 This is a cooperative IT Natural Gas purchase. The County is seeking one (1) aggregate, weighted average price for both agencies, for each pricing option requested.

6.2 This is an interruptible service natural gas purchase; the flow start date for both accounts will be the meter read on or after January 1, 2026.

6.3 The County is seeking NYMEX + Basis pricing to the City Gate for the requested terms.

6.4 The County requests IT Natural Gas Bids for the following terms: Twelve (12) month, Twenty-four (24) month, Thirty-six (36) month

6.5 The County requests pricing for 100% Swing Tolerances for all requested pricing terms.

6.6 Pricing shall be stated for IT Natural Gas Supply Service only.

PAGE: 10

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

6.7 Pricing Option 1 must be based on a Basis only rate per dekatherm, including any Orange &

Rockland Utility line loss charges to the City Gate – and 100% Swing Tolerance- 12 month term.

6.8 Pricing Option 2 must be based on a Basis only rate per dekatherm, including any Orange &

Rockland Utility line loss charges to the City Gate – and 100% Swing Tolerance- 24 month term.

6.9 Pricing Option 3 must be based on a Basis only rate per dekatherm, including any Orange &

Rockland Utility line loss charges to the City Gate – and 100% Swing Tolerance- 36 month term.

6.10 Pricing Option 4 must be based on an All-In City Gate rate (Basis plus NYMEX) per dekatherm, including any Orange & Rockland Utility line loss charges to the City Gate – and

100% Swing Tolerance- 12 month term.

6.11 Pricing Option 5 must be based on an All-In City Gate rate (Basis plus NYMEX) per dekatherm, including any Orange & Rockland Utility line loss charges to the City Gate – and

100% Swing Tolerance- 24 month term.

6.12 Pricing Option 6 must be based on an All-In City Gate rate (Basis plus NYMEX) per dekatherm, including any Orange & Rockland Utility line loss charges to the City Gate – and

100% Swing Tolerance- 36 month term.

6.13 Grossing of volumes to account for any losses to the City Gate is strictly prohibited.

6.14 All Basis pricing must include a “trigger option” permitting the customer to lock in a fixed

NYMEX natural gas rate at any time during the service term.

6.15 Each agency shall contract and be billed separately for its IT Natural Gas supply.

6.16 Billing method is Dual Bill.

7. PAYMENT TERMS

7.1 Payment terms are Net 30.

7.2 In submitting a Bid, the bidder acknowledges that it waives any and all claims and causes of action against all participating County of Rockland Agencies, the members of NORESCO LLC or any of their officers, directors, representatives, members, employees, principals, consultants and agents, on the basis of the historical usage that the bidder may have relied upon. The Agreement will not be on a “take-or-pay” basis.

8. CONTRACT QUANTITIES

Contract Quantities shall be determined by historical consumption patterns for each account and shall be mutually agreeable to both the contracting agency and the Awarded ESCO.

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

9. TERM OF CONTRACT

Contract Term shall be for a period to be determined by the pricing option selected by the County and deemed by the County to be in the best interest of the County.

The service start date for all IT natural gas accounts must be the meter read on or after January 1, 2026.

Each Agency must contract with and be billed separately by the Awarded ESCO for its natural gas supply.

The General Terms & Conditions in Appendix “A” are in addition to the ESCO’s standard Terms &

Conditions. Any contract awarded must be executed on the ESCO’s New York State Sales Agreement, pending approval of contract language by the County Attorney, as stated in the RFB Specifications.

10. AVAILABILITY OF FUNDS

Pursuant to New York State Law any contract(s) resulting from this Bid shall be subject to the annual availability and appropriation of sufficient funds.

11. BID EVALUATION AND AWARD

Bids will be evaluated by the County’s Energy Consultant and Awards shall be made to the lowest responsible bidder meeting the requirements of the Bid.

It is the intention of the County to notify the winning bidder of award within 3 hours of the bid opening.

The County reserves the right to reject any and all Bids, in whole or in part, submitted in response to its

RFB.

PAGE: 12

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

INSURANCE: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES

INDEPENDENT CONTRACTOR: The CORPORATION / CONTRACTOR/ AGENCY / CONSULTANT, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees, will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the COUNTY, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the COUNTY including, but not limited to, Worker’s Compensation coverage, unemployment insurance benefits, Social Security Coverage or retirement membership or credit.

ROCKLAND COUNTY’S INSURANCE REQUIREMENTS:

GENERAL LIABILITY: Prior to commencing work, the CONTRACTOR or CONSULTANT must, at its/his/her own cost and expense, procure and maintain insurance to cover his/her/its work, services, employees, agents and servants under the terms of the contract or purchase order which must include, but not be limited to the coverage that is selected on the attached matrix. Insurance must be obtained from insurance companies licensed in the State of New York, carrying a Best’s financial rating of A or better. Upon failure to furnish, deliver and maintain such insurance, the agreement, contract award or purchase order may be declared suspended, discontinued or terminated or canceled. If at any time any of the policies required herein must be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy must be or become unsatisfactory to the County, the CONTRACTOR OR CONSULTANT must upon notice to that effect from the County, promptly obtain a new policy and submit same with a certificate for approval by the County.

Forced Placed Insurance. If CONTRACTOR OR CONSULTANT does NOT provide the County of Rockland with evidence of the insurance coverage required by this Agreement, the County may purchase insurance (at Contractor’s or Consultant’s sole expense) to protect the County’s interests. This insurance may, but need not, protect Contractor’s or Consultant’s interest. If the County purchases insurance under this Section, Contractor or Consultant will be responsible for the cost of that insurance, including interest and any other charges the County may impose in connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The cost of insurance under this Section may be more than the cost of insurance that Contractor or Consultant may be able to obtain on its own.

In relation to purchases that are not a result of a County Bid, RFP or Contract; Vendors who cannot provide the coverage limits on the attached matrix may provide the County with an ACORD Certificate detailing the coverage limits they currently have in place and the County will review such certificates on a case-by-case basis to determine if sufficient coverage is in place in relation to the perceived risks associated with the proposed purchase.

COVERAGES – (SEE ATTACHED MATRIX)

An ACORD Certificate of Insurance will confirm that the required policies have been issued to the named insured; for the policy period indicated. The ACORD Certificate is to be provided to the County of Rockland within five (5) business days of notice of contract award or of notice of intent to issue a Purchase Order. Please NOTE: the Certificate of Insurance must be updated to give the County of Rockland immediate notice of the following:

1. Dilution of the limits of insurance shown on the Certificate of Insurance by more than 20% as a result of the payment of claims or expenses;

2. The downgrading of any insurer listed on the Certificate of Insurance by AM Best to less than an “A” rating;

3. The receipt, from any listed insurer, of a notice of cancellation before the expiration date thereof or non-renewal will be delivered in accordance with the policy provisions;

4. The receipt, from any listed insurer, of any failure of the named insured to comply with an insurance policy term or condition.

All Certificates of Insurance must be updated at least annually to remain valid.

PAGE: 13

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

The ACORD Certificate of Insurance must contain a Description of Operations and include any exclusions or special provisions added by endorsement that in any way restrict coverage. The Contract Number and/or Purchase Order Number and the name of the department requiring the insurance should be stated under the description. The description must also contain a statement to the effect that “The following are named as Additional Insured’s under General Liability and (if required) Automobile Liability, Excess Umbrella Liability, and Professional Liability (if applicable) on a primary basis, and on the broadest form available through the listed insurers with respect to this Contract or Purchase Order: The County of Rockland, its employees, elected officials and affiliated municipal entities. The signing authorized representative warrants that the insurance carrier(s) have been informed of and accepted the County of Rockland as an additional insured.

WORKERS COMPENSATION REQUIREMENTS UNDER WORKERS’ COMPENSATION LAW §57: The Vendor must procure, pay for, and maintain during the entire term of the contract such insurance as will protect both the owner and the vendor from claims under worker’s compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by the Vendor or by any other party directly or indirectly employed by the Vendor. Vendors must provide copies of the required certificate to the County of Rockland within five (5) business days of notice of contract award or of notice of intent to issue a Purchase Order.

To comply with coverage provisions of the Workers’ Compensation Law (“WCL”), businesses must:

A. Be legally exempt from obtaining workers’ compensation insurance coverage; or B. Obtain such coverage from insurance carriers; or C. Be a Board-approved self-insured employer or participate in an authorized group self-insurance plan.

The Contractor must prove that they are in compliance with §57of the Workers Compensation Law (WCL) by providing ONE of the following forms indicating that they are:

• Insured Form C-105.2 or U-26.3 – (All private insurance carriers and their licensed insurance agents are authorized to use the Form C-105.2 as their Certificate of NYS Worker’s Comp Insurance. The State Insurance Fund uses the U-26.3 form as its Certificate of Workers Compensation Insurance). Upon obtaining a permit, license or contract from a government agency Employers must obtain this form from their private insurance carrier. Carriers and their licensed agents may contact the Board's Bureau of Compliance to obtain this form.

• Self-Insured Form SI-12 – Certificate of Worker’s Compensation Self-Insurance or Form GSI-105.2 Certificate of Participation in Worker’s Compensation Group Self-Insurance). Upon obtaining a permit, license or contract from a government agency. Board-approved self-insurers must obtain this form from Board's Self-Insurance Office.

• Exempt Form CE-200 – Certificate of Attestation of Exemption from NYS Worker’s Compensation Insurance) (Effective 12/1/08) Applicants for permits, licenses or contracts from State, county or municipal agencies in New York State that are not required to carry NYS workers' compensation and/or disability benefits insurance coverage.

These exemption forms can ONLY be used to attest to a government entity that an applicant requesting a permit, license or contract from that government entity is not required to carry NYS workers' compensation and/or disability benefits insurance.

The Vendor will send the appropriate forms to the Purchasing Division within five (5) business days of notification of contract award. All correspondence must contain the Solicitation Number and Title.

mailto:Certificates@wcb.ny.gov?subject=Obtaining%20a%20C-105.2%20Certificate

PAGE: 14

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

DISABILITY BENEFITS REQUIREMENTS UNDER WORKERS’ COMPENSATION LAW §220(8):

To comply with coverage provisions of the WCL regarding disability benefits, businesses may:

A. Be legally exempt from obtaining disability benefits insurance coverage; or B. Obtain such coverage from insurance carriers; or C. Be a Board-approved self-insured employer.

The Vendor must prove that they are in compliance with Section 220(8) of the Workers Compensation Law (WCL) by providing ONE of the following forms indicating that they are:

• Insured Form DB-120.1 – Certificate of Disability Benefits Insurance (the businesses insurance carrier will send this form to the County upon request.

• Self-Insured Form DB-155 – Certificate of Disability Benefits Self-Insurance (the business calls the Board’s Self- Insurance Office at 518-402-0247).

• Exempt Form CE-200 – Certificate of Attestation of Exemption from NYS Worker’s Compensation and/or Disability Benefits Coverage.

The Vendor will send the appropriate forms to the Purchasing Division within five (5) business days of notification of contract award. All correspondence must contain the Solicitation Number and Title.

Please note that ACORD forms are NOT acceptable proof of New York State Workers Compensation or Disability benefits insurance coverage.

NY State Department of Labor requirements for Workmen’s Compensation and Disability forms. Online address:

http://www.wcb.ny.gov

EMPLOYERS LIABILITY with minimum statutory requirements

All policies of the Contractor or Consultant must be endorsed to contain the following clauses:

(a) Insurers must have no right to recovery or subrogation against the County of Rockland (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected must protect both parties and be primary coverage for any and all losses covered by the above-described insurance.

(b) The clause "other insurance provisions" in a policy in which the County of Rockland is named as an insured, must not apply to the County of Rockland.

All contractual insurance requirements in any contract between the Contractor or Consultant and the

County must contain the following clauses:

(a) The insurance companies issuing the policy or policies must have no recourse against the County of Rockland (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy.

(b) Any and all deductibles in the above described insurance policies must be assumed by and be for the account of, and at the sole risk of, the Contractor or Consultant.

SEE FOLLOWING PAGE FOR INSURANCE COVERAGE MATRIX

http://www.wcb.ny.gov/content/main/forms/AllForms.jsp

PAGE: 15

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

VENDOR CLASSIFICATION

CHECK APPROPRIATE BOX

(cont’d on next page)

Commodities Delivered by

Vendor

Commodities Delivered by

Common Carrier

Purchase or Lease of Equipment and/or Maintenance and repair of equipment

Lease / Use of

Facilities or Ground / Prop to

Others W/out Liquor

Lease / Use of Facilities or Ground for Filming

Maintenance & Repair of Buildings & Property

Type of Insurance

A Commercial General Liability (CGL) Each Occurrence

(1)

General Liability $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

Personal & Adv Injury $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

Med. Expense Any One Person $5,000 $5,000 $5,000 $5,000 $5,000 $5,000

Damage to Rented Premises $50,000 $50,000 $50,000 $50,000 $50,000 $50,000

General Aggregate $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000

Products-Comp / Op Aggregate $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000

B Auto Liability – Incl Bl and PD

(AL)

(2) (2) (2) (2)

Combined Single Limit per accident

Any Auto $1,000,000 $1,000,000 $1,000,000 $1,000,000

Or

All Owned $1,000,000 $1,000,000 $1,000,000 $1,000,000

All Hired $1,000,000 $1,000,000 $1,000,000 $1,000,000

All Non-Owned $1,000,000 $1,000,000 $1,000,000 $1,000,000

C Excess / Umbrella Liability

Each Occurrence XXXXX XXXXX $1,000,000 $1,000,000 $10,000,000 $5,000,000

Aggregate XXXXX XXXXX $1,000,000 $1,000,000 $10,000,000 $5,000,000

D Workers Compensation and Employers Liability

(3) (3) (3) (3) (3) (3)

Each Employee Statutory Statutory Statutory Statutory Statutory Statutory

Each Accident Statutory Statutory Statutory Statutory Statutory Statutory

E Disability Benefits (3) (3) (3) (3) (3) (3)

Each Employee Statutory Statutory Statutory Statutory Statutory Statutory

F Other-Professional Liability or errors and Omissions or Malpractice

Per Claim

Opt Owners and Contractors Protection

Each Occurrence

Aggregate

3rd Party Property Damage $1,000,000

* All Other Insurance as Required by Law

Rockland County to be named as Additional Insured on these coverage’s

GL-AL GL GL-AL GL-AL-

EXCESS

GL-AL-

EXCESS

GL-AL-

EXCESS

PAGE: 16

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

(1) The per occurrence and Aggregate limits for specified coverage should apply on a per location or per project basis.

(2) Automobile Liability Coverage is required IF an automobile is used in the execution of their contract. A vendor using a third party for shipment or transport does not require Automobile Liability Insurance.

(3) An ACORD form is NOT acceptable proof of NYS Workers Compensation (WC) or Disability Benefits (DBL) Insurance coverage. For WC, secure form C-105.2 or U-26.3. For DBL, secure form DB.120.

Workers Compensation/Employers Liability, and NYS Disability are not required of: a) a business that is owned by one individual, is not a corporation, and does not have any other employees, b) a self-employed individual, c) an out of state employer with no NYS employees. IN EACH CASE, the employer must file Form CE-200, Certificate of Attestation of Exemption, with the NYS Workers Compensation Board certifying that they are not required to obtain NYS specific Workers Compensation Insurance or NYS statutory Disability Benefits.

(3A) For vendors of commodities that have no locations or employees in the State of New York, and the commodities are going to be shipped from out of State to our location via common carrier evidence of Workers Compensation and Disability or the New York Attestation are not required. If the vendor does have locations in New York State and the particular product is manufactured or shipped from out of State, we should still get evidence of New York State Workers Compensation and Statutory Disability.

(4) A consultant is someone who gives expert or professional advice. Consultants are ordinarily hired on an independent contractor basis. Therefore, the County is not liable to others for the acts or omissions of the consultant. A consultant is an individual who possesses special knowledge or skills and provides that expertise the County for a fee. Consultants help find and implement solutions to a wide variety of problems, including those related to business, marketing, manufacturing, strategy, organization structure, environmental compliance, health and safety, technology, and communications. Some consultants are self-employed, independent contractors who offer specialized skills in a certain field; other consultants work for large consulting firms, that offer expertise in a wide range of business areas; and still other consultants hail from academia. Specialists in various professional fields that work with the general public and have greater than average expertise in particular areas, for example lawyers, doctors, pharmacists and insurance agents, require additional coverage for someone who is injured as a result of their negligent acts or omissions. Therefore, Professional Liability Insurance is required if commercially available for your profession.

SAMPLE ACORD CERTIFICATES: Sample ACORD Certificates detailing the required insurance coverage are included in each Invitation to Bid or Request for Proposal. These are provided as for informational purposes only to County Vendors and their Insurance Brokers to assist you in obtaining the correct insurance required for County contracts. Please note that the attached certificates reflect the standard types and limits of insurance the County requires most often. The requirements of each proposal may differ in which case the proposal’s specific requirements must prevail. Please review the insurance requirements of your proposal carefully with your broker.

Exceptions: The limits shown in the matrix and samples will generally be required for service providers involved in low-risk activities. Higher limits may be required for service providers performing potentially high-risk activities.

PAGE: 17

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

INFORMATION TO BIDDERS

OBLIGATION OF BIDDERS

A Contractor must not plead misunderstanding or deception because of estimates of quantities, character, location, or other conditions surrounding the same. Permission will not be given to withdraw, or modify, or explain any proposal or bid after it has been opened.

The proposal must specify the costs, in the manner hereafter described for which the items will be supplied according to the specifications, together with a unit price for each of the separate items as called for. Any proposal must be deemed informal which does not contain prices set opposite to each of the several items for which there is a quantity exhibited in the itemized proposal.

AWARD OF CONTRACT

Award of contract will be made to the lowest responsible qualified bidder whose proposal must comply with all of the provisions required to render it formal. The County or the Director of Purchasing reserves the right to waive any informality or to reject any or all proposals and may advertise for new proposals, if the best interest of the county will be served. The County or the Director of Purchasing may require any or all bidders to present evidence of experience, ability and financial standing as well as a statement as to the equipment which the bidder will have available for the executing of this contract.

The county reserves the right to award this contract either on an item-by -item basis or as a total award of all items in combination.

The Director of Purchasing reserves the right to reject a materially or mathematically unbalanced bid or to make "NO AWARD" on individual listings or sub-items if individual bid prices are deemed to be unbalanced or excessive or if an error in the solicitation becomes evident. In such case, ranking and evaluation of bids may be made on remaining items.

Award may be made on the remaining items. The acceptance or rejection of an unbalanced bid must be at the sole discretion of the County.

INSURANCE & BONDS

The bidder whose proposal is accepted will be required to furnish bonds and evidence of insurance within five days from date of Notice of Award. In case of failure or refusal on the part of the bidder to furnish bonds, if required, within the set period, the amount of deposit may be forfeited to the county and the contract may be awarded to the next lowest responsible bidder. Upon the notification of award and approval of the bond, the deposit will be returned to the proposer. The deposit of persons other than the one to whom and award is made will be returned to the person or persons making the proposal immediately after the contract and bonds have been executed.

NONRESTRICTIVE USE OF BRAND NAME OR EQUAL SPECIFICATIONS

The use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and are not intended to limit or restrict competition.

FORM OF PROPOSAL

All proposals must be made upon forms furnished by the Director of Purchasing of the County of Rockland and must be contained in sealed envelopes addressed to PAUL J. BRENNAN, CPPO, Director of Purchasing, County of Rockland, DGS

- Purchasing, Bldg. A, 6th Floor, 50 Sanatorium Road, Pomona, NY 10970. Form of proposal as issued by the county must be completely filled in, in ink or typing. No bid will be accepted which contains any changes, additions, omissions or erasures.

EXPERIENCE

Bidder must submit with the proposal a Certificate of Experience for the past three (3) years. Certificate of Experience is included in these documents, if applicable.

PAGE: 18

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

INFORMATION TO BIDDERS cont’d

EXCULPATORY CLAUSE

The Contractor agrees to make no claim for damages for delay in the performance of this contract occasioned by any act or omission to act of the County or any of its representatives, and agrees that any such claim must be fully compensated for by an extension of time to complete performance of the work as provided herein.

AMERICANS WITH DISABILITIES

“The County of Rockland is committed to full compliance with the Americans with Disabilities Act. To that end, the County is committed to creating an accessible environment for all. To request accommodations that you may require, please call Ann Marie Curley at (845) 364-3820. Please request these accommodations four (4) business days in advance so that we can seek to meet your needs.”

NOTICE TO BIDDER

APPENDIX A

Appendix A, General Terms and Conditions for Department of General Services Purchasing Division Contracts, a separate attachment to this solicitation, is hereby expressly made a part of this Bid Document as fully as if set forth at length herein. Please retain this document for future reference.

Bidders must download, read, and acknowledge acceptance of Appendix A on the proposal page.

PAGE: 19

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

VENDORS NAME: _______________________________________________________________________

NON-BIDDER’S RESPONSE

For the purpose of facilitating your firm’s response to our invitation to bid, the County of Rockland is interested in ascertaining reasons for prospective bidder’s failure to respond to “Invitations to Bid”. If your firm is not responding to this bid, please indicate the reason(s) by checking any appropriate item(s) below and return this form to the above address.

We are not responding to this “Invitation to Bid” for the following reason(s):

_____ Items or materials requested not manufactured by us or not available to our company.

_____ Our items and/or materials do not meet specifications.

_____ Specifications not clearly understood or applicable (too vague, too rigid, etc.).

_____ Quantities too Small.

_____ Insufficient time allowed for preparation of bid.

_____ Incorrect address used. Our correct mailing address is: _____________________________

_____ Our branch / division handles this type of bid. We have forwarded this bid on to them but for the future the correct name and mailing address is: _______________________________________

_____ OTHER: _____________________________________________________________________

Thank you for your participation in this bid.

PAGE: 20

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

ALL QUESTIONS PERTAINING TO THIS SOLICITATION MUST BE

SUBMITTED IN WRITING.

Questions shall be emailed to purchasing@co.rockland.ny.us and addressed to Paul J. Brennan, FNIGP, NIGP-CPP, CPPO, Director of Purchasing. The Solicitation Number must appear in the subject line of the email communication. All questions must be submitted within five (5) business days prior to the scheduled close date and time of the solicitation.

PAGE: 21

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

STATEMENT OF REQUIRED

DISCLOSURES, REPRESENTATIONS AND CERTIFICATIONS

Note: ALL Sections on the following pages must be completed and this Statement must be signed before a Notary

Name of the Reporting Entity:

Address: ________________________________________________________________

Remit to Address if different from above:

FID No.: _________________________________

Name of Individual Completing this form: ____________________________________

Title/Position: ____________________________________________________________

Telephone Number: (_________)______________________

Telefax Number:__ _________________________________

EMAIL address: _____________________________________________________________________

EMAIL address for Purchase Orders to be emailed (this is mandatory)

SIGNATORY FIRST & LAST NAME _____________________________________________________

SIGNATORY TITLE ___________________________________________________________________

PAGE: 22

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Any alterations to this document made by the Offeror may be grounds for rejection of the proposal, cancellation of any subsequent award, or any legal remedies

Section A. AFFIDAVIT OF NON-COLLUSION (This form must be initialed and included with the bid package)

I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm.

I further attest that:

1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder.

2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening.

3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid.

4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid.

5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project.

6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm’s submitting a complementary bid, or agreeing to do so, on this project.

7. I have made…