RFB-RC-2025-061 Automotive Collision Repairs.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: AUTOMOTIVE COLLISION REPAIRS RFB-RC-2025-061

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 3:00 PM, on JUNE 12, 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: ONE (1) YEAR WITH (2) -1 YEAR OPTIONS

DELIVERY: AS SPECIFIED

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

IMPORTANT NOTICE – Bid Distribution:

The County of Rockland officially distributes bidding documents from the Purchasing Division Office or 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 Purchasing Division Office or 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

Rockland County Purchasing Division or 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: 4/28/25 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 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: CERTIFICATE AS AUTHORIZED VEHICLE REPAIR SHOP_

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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

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

CERTIFICATE

AS

AUTHORIZED

VEHICLE

REPAIR

SHOP

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-

061 (BT-36AY)

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

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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

Name Type # Files Requirement Instructions 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

Commodity Codes

Commodity Set Commodity Code Title Description

NIGP 06074

Replacement Parts for other than

Chrysler, Ford, General Motors, and International

Harvester

NIGP 07201

Class 1 Trucks

(6,000 lb. GVWR or less)

NIGP 07204

Class 4 Trucks

(14,001 - 16,000

lb. GVWR)

NIGP 92815

Automobile and

Other Passenger

Vehicles

Maintenance and

Repair (Not

Otherwise

Classified)

NIGP 92819

Body and Frame

Work, Including

Undercoating

NIGP 95330

Collision

Insurance, Automotive

PAGE: 6

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/183328.

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

2. Upload your submission at:

https://rocklandgov.bonfirehub.com/opportunities/183328

Your submission must be uploaded, submitted, and finalized prior to the Closing Time of Jun 12, 2025 3:00

PM 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

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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

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

PAGE: 8

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

PURCHASES BY OTHER

LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND NON PROFIT AGENCIES

As per the New York State General Municipal Law, all political subdivisions of New York State are allowed to make purchases through the resulting contract(s). As per Rockland County Procurement Policy, Non -Profit

Agencies approved to participate in New York State’s Contract Extension Program are authorized to make purchases through the resulting contract(s).

1. The County of Rockland shall make all contract award information available to other political subdivisions and non- profit agencies through our website: www.rcpurchasing.com

2. Any other political subdivision or Rockland County non- profit agency will issue purchase orders directly to vendors within the specified contract period referencing the County’s contract and shall be liable for any payments due on such purchase orders; and shall accept sole responsibility for any payment due.

3. All purchases shall be subject to audit and inspection by the other political subdivisions and Rockland County non- profit agencies for which the purchase was made.

4. No officer, board or agency of a county, town, village, or school district shall make any purchase through the

County when bids have been received for such purchase by such officer, board or agency, unless such purchase may be made upon the same terms, conditions and specifications at a lower price through the County.

5. All Bidders shall be on notice that as a condition of the award of a County contract, the successful bidder shall accept the award of a similar contract with any other political subdivision in New York State and Rockland

County non- profit agencies authorized to use New York State’s contracts, if called upon to do so. A listing of approved Rockland County non- profit agencies is available on the Purchasing Division’s website at www.rcpurchasing.com. The County, however, will not be responsible for any debts incurred by the participants pursuant to this or any other agreement.

6. Necessary deviations from the County’s specifications in the award of a participant contract, whether such deviations relate to quantities, or delivery points shall be resolved between the successful bidder and the other political subdivisions and Rockland County non -profit agencies.

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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

A Virtual Pre-Bid via Microsoft Teams will be hosted on Microsoft Teams on 5/15/2025 at 11:00 a.m.

- To Participate select the link below.

Microsoft Teams Meeting Link:

1. SCOPE

1.1. The scope of this bid is to provide all facilities, equipment, materials, parts and labor necessary to repair damaged passenger vehicles, trucks, vans, specialty vehicles inclusive of (Fire Apparatus, Command

Vehicles and Law Enforcement Specialty Vehicles). Vehicles are identified in the TRAA ID Guide

(Attachment #1).

2. REQUIREMENTS

2.1. The Bidder shall demonstrate that they have successfully completed services similar to those specified in the Scope/Specifications and are routinely engaged in performing such services and are properly and legally licensed (if required) to perform such work.

2.2. The County of Rockland reserves the right to inspect the bidder’s facilities, equipment, personnel, and organization at any time to or to take any other action necessary to determine the bidder’s ability to perform. The Director of Purchasing reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform.

2.3. The successful Bidder shall comply with Environmental Protection Agency (EPA) guidelines for the disposal of hazardous materials, and all other EPA regulations that govern the work herein. A hazardous waste hauler must be utilized and all regulations followed.

2.4. The bidder must have a complete body shop meeting the following minimum requirements:

2.4.1. Qualified and experienced personnel with experience in repairing municipal fleet vehicles and law enforcement vehicles.

2.4.2. Personnel experienced in fiberglass repair.

2.4.3. Paint Booth with equipment for mixing and matching paint color.

2.4.4. Automotive frame and straightening machines at the Bidder’s location with a qualified operator

(on-site or under contract).

2.4.5. An inside storage area for police and other vehicles which contain electronic equipment. For the purpose of this specification “inside storage” includes storage within a secured area, which could include a locked, fenced area acceptable to the County of Rockland.

2.4.6. The bidder awarded the Truck and Specialty Vehicle portion of the contract must have an indoor area large enough to handle trucks requiring a minimum 13-foot height clearance.

2.4.7. Bidders must obtain all required local, state and federal licenses/permits required to perform the work specified.

Meeting ID: 279 065 394 905 4 Passcode: Ki93Hw27 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDA4NjFiY2ItYjFkNy00ZmI1LTg3ZGMtMmZmNzEwY2VjMTQ3%40thread.v2/0?context=%7b%22Tid%22%3a%2223b7091d-d4a1-4811-acff-f31110db3743%22%2c%22Oid%22%3a%22fe377cd2-b696-4160-8a1a-22110403413b%22%7d velezst Typewriter

CLICK HERE TO JOIN MEETING

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

2.5. The work proposed in this contract shall be performed at the successful bidder’s place of business unless authorized by the County.

2.6. The County of Rockland requires the use of Original Equipment Manufacturer parts on all Law

Enforcement Passenger and Specialty Vehicles, Fire Apparatus and other specialty vehicles. The County of Rockland will authorize the use of aftermarket parts certified by the Certified Automotive Parts

Association (CAPA-certified parts) on all other passenger vehicles and trucks.

2.7. The successful bidder must agree to assume full liability and responsibility for all vehicles and contents, including radios and other standard or installed equipment including garage liability in the amount of

$1,000,000.00 and name Rockland County as an additional insured.

2.8. This contract shall cover: (See Attachment 1)

2.8.1. Light-Duty Vehicles (sedans, light trucks up to 10,000 GVW and similar equipment such as vans etc.)

2.8.2. Medium-Duty Vehicles (Law enforcement, Fire Apparatus, Command Vehicles, and other

Specialty Vehicles 10,001 GVW up to 26,000 GVW) requiring higher than usual standards in quality of repairs, finish, etc.

2.8.3. Heavy-Duty Vehicles (Law enforcement, Fire Apparatus, Command Vehicles, and other

Specialty Vehicles 26,001 GVW and more) requiring higher than usual standards in quality of repairs, finish, etc.

2.9. The County of Rockland reserves the right to assign vehicles which require specialized or proprietary repairs, finish etc. to any other contractor, at its discretion, depending on the nature and extent of the specialized or proprietary work required.

2.10. All work done without the services of an independent adjuster shall be priced in accordance with the contractor’s estimate. Such an estimate shall be subject to review and approval by the County of Rockland before any work may start. The Contractor must obtain approval in writing by the County of Rocklands authorized representative prior to the commencement of repairs. The Contractor is required to e-mail estimates, with corresponding digital pictures to the County’s Fleet Manager or another Department

Representative.

2.11. Time is of the essence in repairing County of Rockland vehicles. If the County of Rockland determines that the workload of a successful bidder is such that timeliness is not possible in a given situation, the

County of Rockland reserves the unilateral right to assign the job to a backup contractor. Repeated assignments to a backup contractor (more than six in a two-month period) may result in contract termination. The successful bidder agrees that work assigned under this contract shall receive priority over the other work in its shop unless specific prior approval has been obtained from the County of Rockland authorized representative. Vehicle repairs shall not exceed two weeks for minor repairs and 30 day for major repairs.

2.12. An annual review of the timeliness and quality of repairs will be conducted including number of vehicles returned for correction of original repair.

PAGE: 11

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

2.13. The County of Rockland has estimated that approximately $95,000 will be spent on automotive bodywork during each year of the contract. This figure is only an estimate and is not a binding guarantee of the work to be done under the contract. Estimated parts and labor figures are for evaluation purposes only.

Actual amounts may be more or less than those used for evaluation.

2.14. Mitchell’s crash guide or the applicable industry standard list used by the appraisal firm shall be used in determining list prices and labor hours for repairs performed under this contract.

2.15. Pricing for Paint Labor, Paint and Paint Materials/Supplies is combined into one-line item for each section.

Pricing shall be provided for Paint and Paint Material/Supplies based on a per paint hour basis.

3. PICK UP AND DELIVERY

3.1. The Contractor shall be responsible for returning repaired passenger vehicles to the County Department that requested the repairs. Specialty Vehicles including Fire Apparatus and Law Enforcement Specialty

Vehicles will be towed/delivered and picked up by County of Rockland personnel. When vehicles are returned to the County of Rockland, Contractor’s operators shall remain with the vehicle until it is inspected and accepted. If it is determined that the vehicle is not properly repaired, the contractor’s operator will return the vehicle to the successful bidder’s shop for additional repairs and redeliver the vehicle without any additional charges.

3.2. All vehicles must be returned within 24 hours of completion.

3.3. The County of Rockland reserves the right to deliver and pick up vehicles if it is deemed to be in the best interest of the County.

4. INCREASES

4.1. In the second year of this agreement, at the County of Rockland’s option, the Contractor may receive a

Unit Daily Cost increase not to exceed the prevailing CPI. The decision of the County of Rockland is final and binding. At the option of the County of Rockland this contract(s) may be extended for one additional one-year term with the prevailing CPI increase.

4.2. CPI-U means the Consumer Price Index for U.S. City Average-Consumer Price Index for All Urban

Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor or a successor or substitute index, appropriately adjusted. The Final and Binding decision to extend or not extend this agreement shall rest with the County of Rockland.

4.3. The Director of Purchasing may use available indexes (e.g., CPI or PPI) to determine if the requested

Price Adjustment is reasonable. Typically, a Price Adjustment that exceeds 5% will not be approved unless very unusual and significant changes have occurred in the industry

4.4. In the event of industry costs decline, the County shall have the right to receive, from the Contractor, a reasonable reduction in prices/pricing that reflect such cost changes in the industry. The County will make a written request to the Contractor for a Price Adjustment in writing with supporting documentation

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

5. VARIANCES FROM ESTIMATES

5.1. Successful bidder(s) shall be responsible for obtaining approval of the County of Rockland prior to undertaking any work not included in the original estimate. Additional work shall be based upon flat rates published in the “Mitchell Collision Estimating Guide/System,” latest edition, or acceptable equivalent if no rate is available from the Guide. The estimate shall be subject to the County of Rockland concurrence.

5.2. If the successful bidders(s) are able to straighten or otherwise fix a part and use it instead of using a new part, which was included in the estimate, the successful bidder (s) shall notify the agency using and amend the estimate to reflect a reduction in price.

5.3. Successful bidder(s) must maintain full, detailed and accurate records of all work performed. Said records must be available for inspection by the County of Rockland at any reasonable time and retained for three years after the expiration of the contract.

6. WARRANTY

6.1 A Minimum of 12 months or 12000 miles must accompany all parts, labor and repairs.

6.2 Vehicles are to be repair at no cost to the County for any warranty work uncovered 12 months or 12,000 miles after repair.

7. AWARD

7.1. The County of Rockland shall award this bid by section or as a whole, whichever is in the best interest of the County of Rockland. Also, a secondary contractor may be awarded. The secondary awardee will be utilized in the event that there is a significant delay at the primary contractor or an emergency vehicle is needed due to the special nature of it operation. This situation will be determined by the County as needed.

7.2. In addition to the pricing submitted on the Bid Proposal Pages; the County of Rockland’s internal costs

(based on mileage and labor costs) for pickup and delivery of vehicles to and from the Contractor’s location, and towing costs for vehicles towed to the Contractor’s location may be used in the evaluation process to determine the lowest responsible bidder. The County of Rockland shall use Sanatorium Road, Pomona NY to determine transportation costs to and from the Contractor’s location and will utilize the rates in the County’s contract for towing services to determine the costs for towing a vehicle to the

Contractor’s location.

6.3 The County of Rockland reserves that right to use towing services from the successful bidder or to use the

County’s existing and future contracts for towing services; whichever the County of Rockland determines is in its best interest. The County of Rockland shall entertain bids from authorized repair shops located within the geographic area defined as the New York/ New Jersey Metro Area . Preferably within a 15 mile radius of the main campus located at 50 Sanatorium Road Pomona Ny.10970

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

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, the 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 the 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: 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

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 the 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: 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

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

To comply with the 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 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: 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

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-AL GL-AL-

EXCESS

GL-AL-

EXCESS

GL-AL-

EXCESS

Cont’d on next page

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

(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: 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

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: 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

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: 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

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…