RFB 2025-055 Pesticides, Plant Growth Regulators, Grass Seed _ Sod.pdf

BROOME COUNTY

RFB-2025-055 DIVISION OF PURCHASING

NOTICE TO BIDDERS

BID TITLE: PESTICIDES, PLANT GROWTH REGULATORS, GRASS SEED & SOD

IMPORTANT NOTICE – BID/RFP DISTRIBUTION

The County of Broome officially distributes bidding documents through the Empire State Purchasing Group (www.bidnetdirect.com/new-york/broome-county). Copies from any other source are not considered official copies. Only those proposers who obtain bidding documents from the Empire State Purchasing Group are guaranteed to receive addendum information, if such information is issued.

If you have obtained this document from a source other than the Empire State Purchasing Group, it is recommended that you obtain an official copy by registering with this service.

ONE (1) ORIGINAL, ONE (1) DUPLICATE and ONE (1) ELECTRONIC COPY ON USB (no CDs please), of the bid shall be delivered or mailed, with any required data, in a SEALED ENVELOPE, which shall be properly identified with the following required information:

1. BIDDER'S FULL NAME & ADDRESS

2. THE BID TITLE (SEE ABOVE)

3. BID NUMBER (UPPER LEFT)

Submit proposals to: BROOME COUNTY DIVISION OF PURCHASING

60 HAWLEY STREET, 2ND FLOOR

EDWIN L. CRAWFORD COUNTY OFFICE BUILDING

BINGHAMTON, NEW YORK 13901

BIDS SHALL BE SUBMITTED AND RECEIVED IN THE DIVISION OF PURCHASING UP TO AND

INCLUDING 2:00 PM., WEDNESDAY, SEPTEMBER 10, 2025

LATE BIDS - All bids received after the deadline date and time stated above will not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the County. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having the bid deposited on time at the place specified.

Bids shall be publicly opened and read aloud at 2:30 PM, on the above date, in a designated area assigned by the Division of Purchasing. If attending, please check with the Division of Purchasing on the 2nd floor of the Edwin L. Crawford County Office Building for instructions as to where the bid opening will be held.

1.0 Facsimile machine or electronic bid responses will not be accepted.

2.0 Bidders may seek interpretation of the meaning of any of these specifications or other contract documents.

Every request for interpretation should be addressed to the designated contact person(s) listed in the specifications no later than five (5) working days prior to the date set for bid opening. Notice of all such interpretations and any supplemental instructions may be sent to all bidders of record, in the form of addenda to the specifications. All addenda so issued will then become a part of the contract documents.

3.0 All Bidders must complete, sign and submit the original and duplicate copies of the enclosed bid documents. (Extra copies of these forms should be made and retained by the bidder.)

ORIGINAL �

DUPLICATE �

Company Name

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 1 http://www.bidnetdirect.com/new-york

4.0 CANCELLATION - The County reserves the right to terminate this agreement at any time upon thirty

(30) days written notice to the other party. In the event of a default and cancellation of the contract, the bidder shall be responsible for payment to Broome County of a sum equal to the additional contract costs to the County.

CANCELLATION DUE TO NON-APPROPRIATION OF FUNDS/LEASES - Broome County reserves the right to cancel the contract if the County Legislature, during the enactment of the County Budget, fails or declines to appropriate money for the continuation of the lease(s).

5.0 REJECTION OF BIDS - Broome County reserves the right to reject all bids not considered to be in the best interests of Broome County or to waive any informalities in bids received, should such procedures be in the best interests of the County.

6.0 ASSIGNMENT - It is mutually understood and agreed that the successful bidder/proponent shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or the right, title, or interest therein, or his power to execute such contract, to any other person, company, or corporation without the express, previous, written consent of Broome County.

7.0 REGULATORY COMPLIANCE - The contractor represents that all goods and services provided shall comply with all applicable standards, rules, and regulations in effect for the requirements of federal, state and local laws and regulations as applicable, including the Consumer Product Safety Act, Occupational Safety and Health Act, as amended, or other applicable laws or regulations.

USE OF FORKLIFTS AND RELATED EQUIPMENT: 29 CFR 1910.178(I)(1) contains safety requirements relating to fire protection, design, maintenance and use of fork trucks, tractors, platform lift trucks, motorized hand trucks and other specialized industrial trucks powered by electric motor or internal combustion engines. Broome County requires that all vendors that use “light industrial trucks”, as the term is defined by OSHA, provide written proof of training on the piece of equipment to be used for each employee that will use it (commonly referred to as a “forklift license”. The written documentation must certify that the operator training meets or exceeds the OSHA standard. This mandate applies to all vendors’ employees, independent contractors, and subcontractors. Failure to follow this standard shall be a material breach of your contract with Broome County. In the event of such a material breach, Broome County may exercise any/all its right at law, in equity and/or as recited in this contract.

8.0 WITHDRAWAL - ERRORS - RESCISSION OF BID

A. No Bid may be withdrawn after the bid deadline unless no award has been made within forty-five

(45) days of bid opening.

B. In the case of a unilateral bid mistake, or error, by a Bidder, on any bid proposal, legislation allows the Bidder to withdraw the bid after showing that:

1) The mistake was known, or made known to the "County, Board, or Purchasing Agent" PRIOR to the awarding of the contract, or within three (3) days after the bid opening, whichever period is shorter.

2) The price bid was based on an error of such magnitude that enforcement would be unconscionable.

3) The bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error rather than a judgmental error.

4) The error was due to an unintentional substantial mathematical error, or unintentional omission of a substantial quantity of work, labor, material, or services, made directly in the compilation of the bid (which error or omission can be shown by objective evidence drawn from certain listed documents); and

5) It is possible to put the County in "status quo ante".

THE SOLE REMEDY FOR SUCH BID MISTAKE IS WITHDRAWAL OF THE BID AND THE RETURN

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OF ANY BID SECURITY. ANY AMENDMENT OR REFORMATION OF THE BID IS EXPRESSLY

PROHIBITED.

C. ERRORS

Any errors in the bid award which are the fault of the County must be forwarded, in writing, to the Broome County Division of Purchasing within five (5) working days of the notification award. No corrections will be made beyond that date. If errors on the part of the County are discovered too late to be corrected, we will issue a “no award” on those affected items and re-bid or quote.

9.0 RESCISSION OF AN AWARD

After an award has been made by the County, and all participating agencies notified, there will be a $250 charge to vendors who then discover a mistake in their bid award and want the award rescinded. It is costly for the County to re-figure bid awards, notify all agencies involved and change all our records.

Vendors should be careful in figuring their bids prior to submission. The vendor requesting a bid rescission will be billed by the Division of Purchasing. If the bill is not paid by the vendor, the entire award may be rescinded, and the vendor’s responsibility may be questioned for future bids.

If the successful bidder exhibits a history of back orders or delayed deliveries, the County of Broome reserves the right to rescind their award and the vendor’s responsibility may be questioned for future bids.

10.0 If the bid is for furnishing supplies, materials, equipment, or services and is based upon a QUANTITY ESTIMATE, the bidder shall agree to furnish additional quantities, if required, at the price bid for the term of the contract.

11.0 TAX EXEMPT STATUS - Broome County is a political subdivision of the State of New York and as a government entity, is exempt under Purchase Tax Law, Section 1116. Broome County is not issued an exempt organization certificate or an ST119 with an exemption number by the New York State Department of Taxation and Finance. A copy of a Broome County Voucher, Purchase Order, or Petty Cash Form are the only certifications the vendor is required to keep for documenting the tax-exempt sale. Contractor’s questions concerning Broome County's tax-exempt status should be directed to the Department of Audit and Control

(607) 778-2178.

12.0 Price discrepancies between prices written in figures and prices written in words - the written words will be accepted as the price bid. In cases where price discrepancies written in figures between the unit price(s) and the extended totals, the unit price(s) will be accepted as the price bid.

13.0 Broome County reserves the right to evaluate and/or reject all bids in whole or in part, and to waive technicalities, irregularities, and omissions, if, in the County's judgment, the best interests of Broome County will be served.

14.0 The words, "officer" or "officer of the company", means anyone having the "authority" to obligate their principal in the bidding and contract process. This person will provide documentation that they have this authority and will furnish the documentation within 72 hours, when requested, or be considered indicative of non-responsibility and will not be given further consideration.

15.0 Broome County also reserves the right to REVISE or AMEND the bid specifications prior to the bid opening date by WRITTEN ADDENDA for reasons other than 2.0 above.

16.0 COUNTY CONTRACTS/NEW YORK STATE CONTRACTS - Broome County Reserves the right to purchase from other Municipal contract(s), New York State contracts and/or Cooperative contracts as allowed by law.

17.0 DELIVERY - If the successful bidder fails to deliver within the time specified, or within a reasonable time

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 3 as determined by the Broome County Purchasing Agent or fails to make immediate replacement of rejected items when so requested or as directed by the appropriate County Department, Broome County reserves the right to purchase the same or similar item(s) from other sources to replace the item(s) rejected or not delivered.

► On all such purchases, the Bidder agrees to reimburse the County promptly for excess costs occasioned by such purchases. Should the cost be less, the successful Bidder shall have no claim to the difference. Such purchases will be deducted from the estimated quantity.

► Reimbursement to the County, as noted above, may be in the form of a “credit”, issued by the vendor and deductible from a current or future invoice. The request for credit will be documented by the ordering department, on a Broome County “charge back form”.

18.0 Should any of the instructions/information in the attached bid package vary from the above, the bid package instructions/information will take precedence.

19.0 CONTRIBUTION STATEMENT & GIFT STATEMENT

A. Election law signed statements. The county shall require a signed statement for any contract or agreement that requires formal bidding under the New York State General Municipal Law, the Broome County Charter or Local Law of Broome County that the professional business entity has not made a contribution within one calendar year immediately preceding the date of the contract or agreement which exceeded the permitted thresholds set forth in article 14 of the Election Law of the State of New York.

B. Gifts signed statement. The county shall require a signed statement for any contract or agreement that requires formal bidding under the New York State General Municipal Law, the Broome County Charter or Local Law of Broome County that discloses all gifts given, if any, by the bidding professional business entity to any officer or employee of the County of Broome.

20.0 PROPOSAL

Persons desiring to make a proposal shall use the proposal blank prepared and attached hereto. The blank places in the proposal must be filled in as noted and no change shall be made in the phraseology of the proposal or in the items mentioned herein. The specifications attached hereto are to be considered as and shall form a part of the agreement.

Each proposal shall specify the correct gross or lump sum and shall also specify the unit prices for each of the separate items if called for in the proposal. In case the amounts shown in words and the equivalents in figures do not agree, the written words shall be considered binding.

21.0 IRANIAN ENERGY SECTOR DIVESTMENT

1. Contractor/Proposer hereby represents that said Contractor/Proposer is compliant with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor/Proposer has not:

a. Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

b. Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

2. Any Contractor/Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in

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Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

3. Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for Proposals must certify and affirm the following under penalties of perjury:

a. “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

Broome County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

4. Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the Bidder/Proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons, therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

a. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

b. The County of Broome has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County of Broome would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the County in writing and shall be a public document.

22.0 EXECUTIVE ORDER 177 REGARDING ANTI-DISCRIMINATORY POLICIES AND PRACTICES

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, pregnancy or pregnancy-related conditions, sexual orientation, gender identity, disability, marital status, familial status, domestic violence victim status, prior arrest or conviction record, military status or predisposing genetic characteristics.

The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner.

The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.

Generally, the Human Rights Law applies to:

• all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment;

• employers with fewer than four employees in all cases involving sexual harassment; and,

• any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion, or national origin.

In accordance with Executive Order No. 177, the Bidder hereby certifies that it does not have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status under the Human Rights Law.

Executive Order No. 177 and this certification do not affect institutional policies or practices that are RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 5 protected by existing law, including but not limited to the First Amendment of the United States Constitution, Article 1, Section 3 of the New York State Constitution, and Section 296(11) of the New York State Human Rights Law.

23.0 EXECUTIVE ORDER 16 CONTRACTING WITH BUSINESSES CONDUCTING BUSINESS IN

RUSSIA

Executive Order No. 16 provides that “all Affected State Entities are directed to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.” The complete text of Executive Order No. 16 can be found here.

The Executive Order remains in effect while sanctions imposed by the federal government are in effect. Accordingly, vendors who may be excluded from award because of current business operations in Russia are nevertheless encouraged to respond to solicitations to preserve their contracting opportunities in case the sanctions are lifted during a solicitation or even after award in the case of some solicitations.

As defined in Executive Order No. 16, an “entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian Government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.

NOTICE: All bids received that lack:

1) a Signed Proposal;

2) a Signed Non-Collusive Bidding Certificate;

3) Samples when requested; or

4) Bid Bond / Check, when required, will be rejected as being non-responsive at the formal public bid opening.

A BID BOND IS NOT REQUIRED FOR THIS BID.

The County procurement officer(s) or employee(s) conducting the bid opening will document the non-responsiveness orally and in writing. The non-responsive bid will not be publicly read and will not be returned to the bidder.

EXTENSION OF CONTRACT TO NON-BROOME COUNTY GOVERNMENT AGENCIES AND OPEN

TO BROOME COUNTY POLITICAL SUBDIVISIONS

It is the intent of this invitation for bid that Non-Broome County Government Political Subdivisions and others authorized by law and located in the county of Broome, to participate in the contract awarded.

The County also reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood that the extension of such contracts is at the discretion of the vendor and the vendor is only bound to any contract between the County of Broome its participating Political Subdivisions and others authorized by law and located in the County of Broome and the vendor.

All orders will be placed by the ordering Non-Broome County Government Agency and shall be billed and make payment to the Vendor/Contractor. All Non-Broome County Government Agencies are required to make payments directly to the Vendor/Contractor.

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 6 https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting

Upon request, non-Broome County Government agencies must furnish the Vendor/Contractor with the proper tax exemption certificate or documentation of tax-exempt status. (Purchase orders should have this information and be retained for documenting the tax-exempt sale.)

All participating Non-Broome County Government agencies and Bidders understand, acknowledge and agree that the sole responsibility in regard to performance of the contract, of any obligation, covenant, condition or term thereunder by either such party, thereto shall be borne and is expressly assumed by the participating Non-Broome County Government agencies and contractors and not by Broome County Government. In the event of a failure or breach in performance of any such contract by a non-Broome County Government agency or contractor, the Broome County Government specifically and expressly disclaims any and all liability for such defective performance or breach, and the eligible participating Non-Broome County Government agencies and contractors, agents and employees harmless from any liability that may be or is imposed by the failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this Broome County Government centralized contract.

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Risk Management & Insurance Specifications Project Description or Contract Number

Purchase & delivery of pesticides, plant growth regulators, fertilizers, & grass seed for En-Joie Golf Course. 10/1/2025 – 9/30/2026

Date Issued August 12, 2025 Vendor name (“Contractor”) TBD County Department DPW-Enjoie Golf Club Sullivan Murphy

Please read these specifications very carefully. These specifications are part of your contract with Broome County. It is advisable that you forward a copy of these specifications to your insurance agent. Broome County’s waiver of any requirement(s) set forth herein shall not constitute a waiver of any other contract provision.

Part I. General Provisions

1. The Contractor shall procure and maintain during the term of this contract, at the Contractor’s expense, the insurance policies listed in Part II with limits equal to or greater than the enumerated limits.

2. The contractor shall be solely responsible for any self-insured retention or deductible losses under each of the required policies.

3. Every required policy, including any required endorsements and any umbrella / excess policy, shall be primary insurance. Insurance carried by Broome County, its officers, or its employees, if any, shall be excess and not contributory insurance to that provided by the Contractor.

4. Every required coverage type shall be “occurrence basis”.

5. The Contractor may utilize umbrella/excess liability coverage to achieve the limits required hereunder;

such coverage must be at least as broad as the primary coverage (follow form).

6. All insurance certificates must be approved by the Office of Risk & Insurance Management. See section II for specific requirements regarding insurance proof.

7. The County reserves its right to request certified copies of any policy or endorsement thereto.

8. All insurance shall be provided by insurance carriers licensed & admitted to do business in the State of New York and must be rated “A−:VII” or better by A.M. Best (Current Rate Guide).

9. If the Contractor fails to procure and maintain the required coverage(s) and minimum limits such failure shall constitute a material breach of contract, whereupon Broome County may exercise any rights it has in law or equity, including but not limited to the following:

(a) immediate termination of the contract,

(b) withholding any / all payment(s) due under this contract or any other contract it has with the vendor (common law set-off), OR

(c) procuring or renewing any required coverage(s) or any extended reporting period thereto and paying any premiums in connection therewith. All monies so paid by Broome County shall be repaid upon demand, or at the County’s option, may be offset against any monies due to the Contractor.

10. Neither Party shall permit a subcontractor to enter upon or continue the performance of this Agreement unless such subcontractor is and remains insured in accordance with the requirements listed hereunder. Any such subcontracting Party shall indemnify the other Party for any loss suffered by the non-subcontracting Party for the failure of any subcontractor to be so insured. The indemnity shall survive expiration or termination of the Agreement.

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Part II. Required Insurance – Minimum coverage types and amounts.

Coverage Type Minimum Limits Commercial General Liability (CGL) including:

Products & completed operations shall not be excluded.

Broome County shall be named additional insured. The additional insured endorsement for the insurance shall not contain any exclusion for bodily injury or property damage arising from completed operations.

Proof of additional insured coverage shall be evidenced through a carrier issued endorsement. (ISO CG 20 10 11 85 or equivalent)

$1,000,000 / $2,000,000 Per occurrence / minimum annual aggregate limit

Automobile Liability (Comprehensive Form) Must cover owned, non-owned and hired vehicles

$1,000,000 Combined Single Limit

Workers’ Compensation and Employer’s Liability See #2 If you have no employees (sole proprietor) you may provide an affidavit of exemption. (CE-200) if the box to the left is checked

Statutory amount / $100,000

Disability Insurance See #3 If you have no employees (sole proprietor) you may provide an affidavit of exemption. (CE-200) if the box to the left is checked

Statutory limits

1. The certificate face shall:

indicate coverage(s) (other than Workers’ Compensation & Disability) & minimum amounts required in part II.1 provide that the coverage(s) shall not be cancelled, terminated, or materially changed

(including an insurance limits reduction) unless thirty (30) days prior written notice has been given to the County Office of Risk & Insurance Management.

Disclose all policy exclusions.

Disclose the amount of self-insured retention or deductibles.

Show Products & completed operation.

2. Proof of Workers’ Compensation Coverage must be provided on NYS issued WCB form C-

105.2 or U-26.3. Exemption should be provided on CE-200

3. Proof of Disability Coverage must be provided on NYS issued WCB form DB-120.1 or DB820/829 or DB-155. Exemption should be provided on CE-200

4. The Additional Insured & Certificate Holder should read:

County of Broome Attn: Office of Risk & Insurance Management PO Box 1766 Binghamton, NY 13902-1766

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Part III Defense and Indemnification

The following provisions concerning indemnification shall not be construed to indemnify the County for damages arising from bodily injury to persons or property contributed to, caused by, or resulting from the sole negligence of the County or its employees.

The Contractor agrees to indemnify and hold the County of Broome and any officer, employee and/or agent thereof free and harmless from any and all losse(s), penalty(ies), damages, settlement(s), cost(s), charge(s), professional fee(s) or other expense(s) or liability(ies) of every kind arising from or relating to any and all claim(s), lien(s), demand(s), obligation(s), action(s), proceedings or causes of action of any kind in connection with, or arising directly or indirectly from the negligent error(s) and/or omission(s) and/or act(s) of the Contractor (including Contractor’s employees, agents or and/or subcontractors) in the performance of this agreement.

Without limiting the generality of the preceding paragraphs, the following shall be included in the indemnity hereunder: any and all such claims, etc., relating to personal injury, death, damage to property, or any actual or alleged violation of any applicable statute (including specifically but not limited to New York State Labor Law §§ 200; 202; 240 & 241), ordinance, administrative order, executive order, rule or regulation, or decree of any court of competent jurisdiction in connection with, or arising directly or indirectly from, errors and/or negligent acts by the Contractor, as aforesaid,.

Part IV Safety

Broome County specifically reserves the right to suspend or terminate all work under this contract whenever Contractor and/or contractor’s employees or subcontractors are proceeding in a manner that threatens the life, health, or safety of any of contractor’s employees, subcontractor’s employees, county employees or member(s) of the general public on county property. This reservation of rights by Broome County in no way obligates Broome County to inspect the safety practices of the Contractor.

If Broome County exercises its rights pursuant to this part, the contractor shall be given three days to cure the defect, unless Broome County, in its sole and absolute discretion, determines that the service cannot be suspended for three days due to Broome County’s legal obligation to continuously provide contractor’s service to the public or Broome County’s immediate need for completion of the Contractor’s work. In such case, Contractor shall immediately cure the defect.

If the Contractor fails to cure the identified defect(s), Broome County shall have the right to immediately terminate this contract. In the event Broome County terminates this contract, any payments for work completed by the Contractor shall be reduced by the costs incurred by Broome County in re-bidding the work and /or by the increase in cost that results from using a different vendor.

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DIVISION OF PURCHASING

SPECIFICATIONS

FOR

PURCHASE & DELIVERY OF PESTICIDES, PLANT

GROWTH REGULATORS, GRASS SEED & SOD FOR THE EN-JOIE GOLF COURSE

All bids shall be submitted in accordance with the attached instruction sheets.

CONTRACT TERM

The term of contract shall commence upon mutual execution of an agreement following approval by the Board of Acquisition and Contract (BAC) and the County's receipt of a satisfactory certificate of insurance, Notification of Award, and issuance of a Broome County Purchase Order. Contract will end September 30, 2026.

CONTRACT

The bid specifications herein delineated and the terms of the Purchase Order(s) shall constitute the contract referenced herein.

DEPARTMENTAL CONTACT

Mr. Sullivan Murphy of the En-Joie Golf Course will serve as the initial contact person and contract manager for this project. Mr. Murphy may be contacted at the En-Joie Golf Course with general questions via email at:

sully.murphy@broomecountyny.gov

DETAILED MINIMUM SPECIFICATIONS

Broome County is seeking price quotations from qualified suppliers to provide pesticides (fungicides, insecticides, and herbicides) plant growth regulators and grass seed for delivery to the En-Joie Golf Course.

DELIVERY

Delivery(s) shall be made during the hours 7:00 a.m. to 3:30 p.m., at the En-Joie Golf Course.

All delivery personnel shall be properly trained and equipped in the handling of the products to be unloaded.

The bidder shall indicate on the attached PROPOSAL SHEET the guaranteed delivery date in number of days from placement of order by Broome County. In no event shall the guaranteed delivery date exceed seven (7) days from the date of said placement of order.

SDS SHEETS MUST BE INCLUDED WITH SHIPMENTS.

INSPECTION

Broome County reserves the right to inspect all shipments ordered prior to acceptance and reserves the right to reject shipments not conforming to the specifications or in faulty containers.

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PRICING

All prices proposed should include all costs to furnish and deliver the pesticides regulators and grass seed for Broome County. All prices proposed shall exclude all taxes, as Broome County, by law, is tax exempt.

AWARD

Bid prices for each item will be treated as separate and distinct bids.

Award shall be made to the responsive and responsible bidder proposing the lowest quoted unit price for each pesticide, plant growth regulator and grass seed meeting specifications provided herein, whose proposal complies with all provisions to render it formal and legal.

NOTE: Cash discounts, offered by bidders for accelerated payment, will NOT be considered in the evaluation of proposals.

Broome County reserves the right to reject all bids not considered to be in the best interests of Broome County.

Bidders may withdraw their bids if no award has been made within forty-five (45) days of bid opening.

PAYMENT

The Successful Vendor(s) will send invoices to 722 West Main Street, Endicott, NY 13760.

Invoices shall be submitted after acceptable delivery of chemical(s) purchased for that period and will be paid, by Broome County, on a "net 30 days" basis.

Payment will be made in accordance with the terms of the Purchase Order, or the Seller's invoice, whichever are more favorable to Broome County. For purposes of any applicable cash discount, payment date therefore shall be calculated from the receipt of invoice or final acceptance of the goods, whichever is later.

NOTE: Discounts for prompt payment will NOT be considered in the evaluation of proposals.

INSURANCE

Successful Bidder(s) must furnish Proof of Insurance (in accordance with the attached requirement sheet), to the Law Department, prior to signing of the Contract.

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PROPOSAL SHEET

The undersigned proposes and offers to furnish and deliver, for Broome County, the specifications for which are attached. This proposal and offer is guaranteed to fulfill the minimum specifications as prepared by Broome County.

** This submission constitutes a certification that no Broome County Officer or employee has any interest herein. In the event that any Broome County Officer or employee has any such interest, the full nature thereof shall be disclosed.

NAME OF COMPANY: _______________________________________________________________

ADDRESS OF COMPANY: _______________________________________________________________

NAME & TITLE OF

OFFICER OR PERSON

SIGNING THIS BID: _______________________________________________________________

SIGNATURE: ______________________________________________

DATE: __________________________________

TELEPHONE NUMBER: __________________________________

FAX NUMBER: __________________________________

800 NUMBER: __________________________________

E-MAIL ADDRESS: ______________________________________________________

NOTE: By signing and submitting this bid for consideration by Broome County, the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented without reservation or alteration. The signer acknowledges that he/she is authorized to submit this bid.

BIDDERS MUST SUBMIT THIS ORIGINAL SHEET AND AN EXACT, CLEAR DUPLICATE.

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 13

PROPOSAL SHEET

(Cont’d)

* You may bid a substitute – Specify which item is being bid.

(Substitutes may not necessarily be awarded)

I. FUNGICIDES:

A. Turfcide 5-gallon case $ ________________

B. Insignia SC Intrinsic Brand 4 x 30.5 oz. case $ ________________

* C. Daconil Action 5-gallon case $ ________________

Daconil Weatherstick 5-gallon case $ ________________

* D. Chipco 26019 5-gallon case $ ________________

* E. Banner Maxx 2-gallon case $ ________________

5-gallon case $ ________________

F. Posterity XT 5-gallon case $ ________________

* G. Cleary’s 3336 F 5-gallon case $ ________________

H. Instrata 5-gallon case $ _______________

I. Medallion SC 2-gallon case $ ________________

*J. Heritage TL 2 Gallon Case $ ________________

K. Kabuto 1 gallon $ ________________

L. Segway 39.2 oz. bottle $ ________________

* M. Banol 1 gallon $ ________________

N. Xzemplar 2 x 114oz case $ ________________

O. Signature XTRA Stressgard 22-pound case $ ________________

44-pound case $ ________________

P. Briskway 1 gallon $ ________________

BIDDERS MUST SUBMIT THIS ORIGINAL SHEET WITH THE PROPOSAL.

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 14

PROPOSAL SHEET

(Cont’d)

*Q. Torque 4-gallon case $_________________

*R. Secure 5-gallon case $_________________

Secure Action 2.5 gallon $ ________________

S. Maxtima 4 x 26floz $_________________

T. Densicor 4x51oz $_________________

U. Fame SC 64oz Bottle $_________________

V. Navicon 2x2.5 Gallon $_________________

W. Tekken 2x2.5 Gallon $_________________

X. Toque 2x2.5 Gallon $_________________

Y. Resilia 2x2.72 Gallon $_________________

II. INSECTICIDES:

A. Triple Crown Golf 1-gallon bottle $ ________________

B. Conserve SC 1 quart $ ________________

* C. Sevin SL 5-gallon case $ ________________

* D. Scimitar GC 8-quart case $ ________________

E. Acelepryn 4 x 0.5-gallon case $ ________________

F. Dylox 420 SL 2 x 2.5-gallon case $ ________________

G. Provaunt 72 oz. bottle $ ________________

H. Match Point 64 oz. bottle $ ________________

*I. Bifenthrin 4x1 Gallon $_________________

J. Divanem 1 Gallon $_________________

K. Ference 2x96oz Bottles $_________________

L. Indemnify 17.1oz Bottle $_________________

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 15

PROPOSAL SHEET

(Cont’d)

*M. Imidacloprid 4x1 Gallon Case $__________________

*N. Imidacloprid 75WSP 88x1.6oz Case $__________________

*O. Durentis 16oz Bottle $__________________

III. HERBICIDES:

*A. T-Zone SE 5-gallon case $ ________________

*B. Speedzone EW 5-gallon case $ ________________

* C. Roundup Pro 5-gallon case $ ________________

*D. Dimension 2EW 5-gallon case $ ________________

E. Quick Silver 8 oz. bottle $ ________________

F. Barricade 4x1 Gallon $ ________________

G. Drive 64 oz. bottle $ ________________

H. Sedge Hammer 1.3 oz. bottle $ ________________

I. Tenacity 1 gallon $ _______________

*J. Pendulum AquaCap 2x2.5 Gallon $________________

*K. Specticle Flo 1 Galloon $________________

* L. Specticle G 50lb Bag $________________

*M. Changeup 5-gallon Case $_________________

*N. Q-Ball 5-gallon Case $________________

IV. PLANT GROWTH REGULATORS

* A. Primo Maxx 10-gallon link pack $ ________________

* B. Primo Maxx 2-gallon case $ ________________

*C. Proxy 5-gallon case $ ________________

BIDDERS MUST SUBMIT THIS ORIGINAL SHEET WITH THE PROPOSAL

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 16

PROPOSAL SHEET

(Cont’d)

D. Anuew 1.5LB package $ ________________

2x2.5 Gallon $_________________

*E. Trimmit 2SC 5-gallon case $ ________________

V. GRASS SEED, FERTILIZER, PIGMENTS & OTHER CHEMICALS

*A. 007 Bentgrass Blend Price per pound $ ________________

*B. GLS Resistant Tri Rye Grass Price per pound $ ________________

C. L-93 Creeping Bentgrass Price per pound $ ________________

*D. Creeping Bentgrass Price per pound $ ________________

E. Silical AS Per 50-pound bag $ ________________

*F. Enhanced Gypsum 50lb bag $ ________________

G. 30-0-20 Tyler Bent Special (Soluble) Per 25-pound bag $ ________________

*H. 30-0-10 Country Club 100% MESA Per 50-pound bag $ ________________

SGN 150

*I. Low Mow Kentucky BlueGrass Per 50-pound bag $ ________________

* J. Rough Mix: (or similar blend) Price per pound $ ________________ 30% Creeping Red Fescue;

25% Kentucky Bluegrass;

20% Chewings Fescue;

15% GLS Resistant Perennial Ryegrass;

10% Hard Fescue

K. 21-0-0 Ammorium Sulfate Mini Per 50-pound bag $ ________________

* L. 5-5-5 Fertilizer Per 50-pound bag $ ________________

*M. 33-0-16 UMAXX Per 50-pound bag $_________________

N. 21-0-0 Ammorium Sulfate (Soluble) Per 50-pound bag $ ________________ Lesco Solugreen

* O. 0-0-50 Micro Polyon Fertilizer Per 50-pound bag $ ________________

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 17

PROPOSAL SHEET

(Cont’d)

*P. 28-0-3 w/Dimension/Acelepryn Per 50-pound bag $ ________________

Q. Defoamer Per Gallon $ ________________

R. Turf Marking Foam Per Quart $ ________________

S. Iron Sulfate (Soluble) Per 50-pound bag $ ________________

*T. Par Per 1 gallon $ ________________

U. 9-0-18 Andersons Contec Per 40-pound bag $ ________________ DG Pro SGN under 100

V. Black Pond Dye Per 6 X 5.25oz $ ________________

W. 18-0-18 Andersons Contec Per 40-pound bag $ ________________ DG Pro SGN under 100

X. Pigment Cleaner Per 4-gallon case $ ________________

Y. pH Buffer Per 4-gallon Case $__________________

Z. Spray Indicator Dye 2x2.5 Gallon Case $__________________

VI. WETTING AGENT

*A. Oars PS Per 5-gallon case $ ________________

*B. Oars HS Per 5-gallon case $ ________________

*C. Retaining Pellets Per 8oz Pellet $ ________________

*D. Flushing Pellets Per 8oz Pellet $__________________

*E. Fleet 2x2.5 Gallon $__________________

*F. Symphony 2x2.5 Gallon $___________________

*G. Alypso Plus 2x2.5 Gallon $___________________

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 18

PROPOSAL SHEET

(Cont’d)

*H. Precip 2x2.5 Gallon $___________________

*I Cascade + Fertilizer 50lb Bag $___________________

*J. Cascade 2x2.5 Gallon $____________________

*K. Retain 2x2.5 Gallon $____________________

*L. Pervade 2x2.5 Gallon $____________________

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 19

VARIATION AND JUSTIFICATION SHEET

____I do not have any variations to the published specifications

____I have variations to the published specifications (explanation below):

NOTICE:

*Make as many additional copies as necessary to factually document variances. Failure to properly document variances, etc., will be indicative of non responsiveness and no further consideration will be given

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 20

NON-COLLUSION BIDDING CERTIFICATE

NON-COLLUSIVE BIDDING CERTIFICATION:

"(a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition."

NAME OF COMPANY

SIGNATURE & TITLE OF SIGNER

NOTE:

A bid shall not be considered for award nor shall any award be made where (a) (1), (2) and (3) above have not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reason therefore.

Where (a) (1), (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (a).

Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 21

ELECTION LAW STATEMENT:

I, ___________________________ state that I am the _____________________________ of

(Type or print name of individual) (Position)

____________________________. In the calendar year immediately preceding the date of this

(Vendor)

Statement, _______________________________ has not made a contribution which exceeded

(Vendor) the permitted thresholds (thresholds limits are available at the Broome County Board of

Elections) set forth in Article 14 of the Election Law of the State of New York.

Dated:______________________

By: _______________________________

(Signature of individual)

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 22

GIFTS STATEMENT

Gifts signed statement: The County shall require a signed statement for any contract or agreement that requires formal bidding under the New York State General Municipal Law, the

Broome County Charter or Local Law of Broome county that discloses all gifts given, if any, by the bidding professional business entity (the bidder) to any officer or employee of the County of

Broome.

CERTIFICATION

I, _______________________________ state that I am the _____________________________ of

(Print or type name of individual) (Position)

___________________________________________. In the calendar year immediately preceding

(Vendor) the date of this Statement, ___________________________________ has made the following gifts

(Vendor)

Value of Gift to Officers and / or Employees of the County of Broome:

Name of County Officer / Employee and item description

(add additional sheets if necessary)

_____ I did not provide gifts to Officers or Employees of Broome County

Dated:______________________

By: _______________________________

(Signature of individual)

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 23

IRANIAN ENERGY DIVESTMENT CERTIFICATION

Pursuant to Section 103-g

Of the New York State

General Municipal Law

A. By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the

New York State Finance Law.

B. A Bid/Proposal shall not be considered for award, nor shall any award be made where the condition set forth in Paragraph A above has not been complied with; provided, however, that in any case the bidder/proposer cannot make the foregoing certification set forth in Paragraph A above, the bidder/proposer shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where Paragraph A above cannot be complied with, the

Purchasing Unit to the political subdivision, public department, agency or official thereof to which the bid/proposal is made, or his designee, may award a bid/proposal, on a case by case business under the following circumstances:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in

Iran and to refrain from engaging in any new investments in Iran; or

2. The political subdivision makes a determination that the goods or services are necessary for the political subdivision to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.

(Signature)

Title

RFB-2025-055 Pesticides, Plant Growth Regulators, Grass Seed & Sod 24

INSURANCE ACKNOWLEDGEMENT

THE FOLLOWING INSURANCE ACKNOWLEDGEMENT MUST BE COMPLETED, SIGNED AND

SUBMITTED WITH BID.