REQUEST FOR BID #5-03 July 11, 2002

Administered by the

PURCHASING DEPARTMENT

UNIVERSITY OF MAINE

ORONO, MAINE 04469-5765

1.0 GENERAL INFORMATION:

1.1 Purpose: The University of Maine System, acting through the University of Southern Maine is seeking bids for snow removal and sanding services at its Gorham, Maine campus as described below:

1.2 Definition of Parties: The University of Southern Maine will hereinafter be referred to as the "University." Respondents to the RFB shall be referred to as "Bidders." The Bidder to whom the contract is awarded shall be referred to as the "Contractor."

1.3 Scope of Work: Work under this contract includes plowing snow, sanding and salting areas described in Attachment A according to requirements of this solicitation generally beginning November 1st and ending May 15th. The actual beginning and ending dates may vary, depending upon weather conditions. The Contractor shall fulfill the requirements of this contract whether or not the dates are earlier or later than stated.

The University’s Gorham campus has approximately 530,000 +/- square feet of parking area and approximately 2.5 square miles of roadway. These areas must be cleared of accumulated, drifted, and ice-packed snow, sanded and salted, when necessary, prior to 7:00 a.m. The Gorham campus is a resident student campus with students entering and leaving the campus at all hours as well as being involved in many campus activities regardless of weather. The Gorham campus never closes. All roadways on the Gorham campus must be kept open throughout a winter storm event. In order to properly clear all parking lots of snow, the day following a storm, a parking ban MAY be called by the campus Grounds Department. The contractor will be required to return to campus and plow the resident student lots which will be cleared of parked cars as a result of the parking ban. Snow must be cleared to locations specified by the grounds coordinator to minimize the loss of existing parking spaces throughout the snow season. Snow plowing will begin after accumulation of 2" of snow under normal conditions, but will be subject to the University’s discretion. A sand/salt mix must be provided by the Contractor and spread when requested or if conditions require application.

1.4 Evaluation: Award will be made to the low bidder provided that all other requirements are satisfactorily met. However, consideration will be given to references.

1.5 Award: It is the intent of the University to award this bid all to one vendor. The University reserves the right to conduct any tests it may deem advisable, and to make all evaluations. The University reserves the right to reject any or all bids, in whole or in part, and is not necessarily bound to accept the lowest bid if that bid is contrary to the best interests of the University. The University reserves the right to waive minor irregularities. Scholarships, donations, or gifts to the University will not be considered in the evaluation of bids. A bid may be rejected if it is in any way incomplete or irregular. When there are tie bids, there shall be a preference for "in-state bidders". When tie bids are both in-state or both out-of-state, the award will be made to the bid that arrives first in the Purchasing Department.

1.6 Award Protest: Bidders may appeal the award decision by submitting a written protest to the director of Purchasing within five (5) business days of the award notice, with a copy of the protest to the successful bidder. The protest must contain a statement of the basis for the challenge.

1.7 Communication with the University: It is the responsibility of the bidder to inquire about any requirement of this RFB that is not understood. Responses to inquiries, if they change or clarify the RFB in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFB. Addenda will also be posted on our web site, www.umaine.edu/purchasing/. The University will not be bound by oral responses to inquiries or written responses other than addenda.

Inquiries must be made to: Hal Wells

Purchasing Department Room 101J

University of Maine

5765 Service Building

Orono, Maine 04469-5765

(207) 581-2708

1.8 Bid Envelope: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid should be returned in an envelope or package, sealed and identified as follows:

From ________________ __________ __________ __________

Name Due Date Time Bid No.

1.9 Bid Understanding: By submitting a bid, the bidder agrees and assures that the specifications are adequate, and the bidder accepts the terms and conditions herein. Any exceptions should be noted in your response.

1.10 Submission: A signed original plus one (1) copy of the bid must be received at the University Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, no later than 2:00 P.M. local time, Wednesday, July 31, 2002, for a public opening. Bidders are strongly encouraged to submit bids in advance of the due date to avoid the possibility of missing the 2:00 deadline due to unforeseen circumstances. Vendors assume the risk of the methods of dispatch chosen. The University assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT substitute for receipt of bid. Bids must be date and time stamped by the Purchasing Department on time to be considered. In the event that the University is closed due to inclement weather at the time that a bid is due, the bid will be opened at the same time on the next day that the University is open. Vendors may wish to call 207-581-SNOW or 800-581-SNOW if the weather is bad, to learn if the University has closed. Bids received after the due date and time will be returned unopened. Additional time will not be granted to any single vendor, however, additional time may be granted to all vendors when the University determines that circumstances require it. FAXED BIDS OR E-MAIL BIDS WILL NOT BE ACCEPTED.

1.11 Pre-Bid Conference: A pre-bid conference and tour will be held on Thursday, July 18, 2002. The pre-bid conference will begin at 10:30 a.m. in the Facilities Management Office, 25 Bedford Street on the Portland campus. The purpose of the conference is to answer questions and provide further clarification as may be required. Please hold all questions until this meeting. Following the conference a tour of the Gorham campus will be held at 1:00 p.m. Attendance by all prospective bidders is mandatory for both the conference and tour.

The pre-bid conference will include a tour of all areas to be plowed and treated. Snow accumulation areas will also be identified.

Firms planning to attend this pre-bid conference should contact Cindy Carusi at 207-581-2696 no later than 4:00 p.m. local time on Wednesday, July 17, 2002 with the names and titles of the individuals who will attend.

1.12 Debarment: Submission of a signed bid in response to this solicitation is certification that your firm (or any subcontractor) is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Submission is also agreement that the University will be notified of any change in this status.

 

2.0 CONTRACT TERMS:

2.1 Assignment: Neither party of the Contract shall assign the Contract without the prior written consent of the other, nor shall the Contractor assign any money due or to become due without the prior written consent of the University.

2.2 Performance Bond or Irrevocable Letter of Credit: The successful bidder will be required to furnish a 100% Performance Bond or letter of credit, and 100% Payment Bond to cover the execution of the contract.

2.3 Cancellation/Termination: If the Contractor defaults in its agreement to provide personnel or equipment to the University's satisfaction, or in any other way fails to provide service in accordance with the contract terms, the University shall promptly notify the Contractor of such default and if adequate correction is not made within seven (7) days, the University may take whatever action it deems necessary to provide alternate services and may, at its option, immediately cancel this Contract with written notice. Cancellation does not release the Contractor from its obligation to provide goods or services per the terms of the contract during the notification period.

2.4 Contract Administration: The University’s Director of Environmental Services or designee shall be the University's authorized representative in all matters pertaining to the administration of this contract.

2.5 Contract Documents: If a separate contract is not written, the contract entered into by the parties shall consist of the Request for Bids, the signed bid submitted by the Contractor, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of the University and the Contractor, all of which shall be referred to collectively as the Contract Documents.

2.6 Contract Modification and Amendment: The parties may adjust the specific terms of this contract (except for pricing) where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Contractor must be in writing to the Purchasing Department. Any agreed upon modification or amendment must be in writing and signed by both parties.

2.7 Contract Term: The contract term shall be for a period of one (1) year commencing with the 2002 – 2003 season. With mutual written agreement of the parties this contract may be extended for four (4) additional one-year periods.

2.8 Contract Validity: In the event one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.

2.9 Contractor's Liability Insurance: During the term of this agreement, the Contractor shall maintain the following insurance:

Insurance Type Coverage Limit

1. Commercial General Liability $1,000,000 per occurrence or more

2. Automobile Liability $1,000,000 per occurrence or more

3. Workers Compensation Required for all personnel

Employers Liability minimum limits:

Bodily injury by accident: $100,000 each accident

Bodily injury by disease: $100,000 each accident

Bodily injury by disease: $500,000 policy limit

The University of Maine System shall be named as Additional Insured on the Commercial General Liability insurance.

Certificates of Insurance for all of the above insurance shall be filed with:

University of Maine Purchasing Department

5765 Service Building

Orono, Maine 04469

Certificates shall be filed prior to the date of performance under this Agreement. Said certificates, in addition to proof of coverage, shall contain the standard Acord statement pertaining to written notification in the event of cancellation, with a thirty (30) day notification period.

As additional insured and certificate holder, the University should be included as follows:

The University of Maine System

Office of Facilities

107 Maine Avenue

Bangor, ME 04401

2.10 Equal Opportunity: In the execution of the contract, the Contractor and all subcontractors agree, consistent with University of Maine System policy, not to discriminate on the grounds of race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability or veteran’s status and to provide reasonable accommodations to qualified individuals with disabilities upon request.

2.11 Indemnification: The Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the University from and against all loss, damage, cost and expense (including attorney's fees) suffered or sustained by the University or for which the University may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever, in connection with the operations of the Contractor or any subcontractor under this agreement.

2.12 Independent Contractor: Whether the Contractor is a corporation, partnership, other legal entity, or an individual, the Contractor is an independent contractor. If the Contractor is an individual, the Contractor's duties will be performed with the understanding that the Contractor is a self-employed person, has special expertise as to the services which the Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the University. The Contractor is not to be deemed an employee or agent of the University and has no authority to make any binding commitments or obligations on behalf of the University except as expressly provided herein. The University of Maine System has prepared specific guidelines to be used for contractual agreements with individuals (not corporations or partnerships) who are not considered employees of the System.

2.13 Pricing: Quoted prices will be in effect for a minimum of one (1) year from the effective date of the contract. After this period notification of price increases must be furnished in writing to the Purchasing Department for approval. Price increases must be based upon actual increases in cost(s) to the Contractor, which can be documented. The University reserves the right to rebid the contract if it does not accept the proposed price increase.

2.14 Payments: Payment will be upon submittal of an invoice to the University of Southern Maine, Facilities Management Bookkeeper, PO Box 9300, 96 Falmouth Street, Portland, Maine 04104-9300 by the Contractor on a net 30 basis unless discount terms are offered. Invoices must include a purchase order number.

2.15 Sexual Harassment: The University is committed to providing a positive environment for all students and staff. Sexual harassment, whether intentional or not, undermines the quality of this educational and working climate. The University thus has a legal and ethical responsibility to ensure that all students and employees can learn and work in an environment free of sexual harassment. Consistent with the state and federal law, this right to freedom from sexual harassment was defined as University policy by the Board of Trustees.

Failure to comply with this policy could result in termination of this contract without advanced notice. Further information regarding this policy is available from the Executive Director for Campus Pluralism & Equal Opportunity, 780-5094.

 

3.0 PERFORMANCE TERMS AND CONDITIONS:

3.1 Equipment: The Contractor shall have adequate equipment to service all areas under this contract. Plow trucks shall be equipped with a plow and sanding unit. Sanders will be capable of uniformly distributing sand on roadway and parking lot surfaces and shall be equipped with controls that provide varying application rates.

3.2 Employees: The Contractor shall employ only competent and satisfactory personnel and shall provide a sufficient number of employees to perform the required services efficiently and in a manner satisfactory to the University. If the Contractor is notified in writing that any person employed in the execution of this agreement is, in the University’s opinion, incompetent, disorderly, or otherwise unsatisfactory, such person shall not again be employed in the execution of this contract without the written consent of the Contract Administrator.

 

 

3.3 Breakdowns and Other Failures / Backup Equipment: The Contractor shall keep vehicles and equipment operational at all times throughout the contract period. The Contractor shall immediately contact the Contract Administrator at 780-4619 to report any breakdowns. In the event a breakdown cannot be repaired within two hours, the Contractor shall utilize backup equipment until repairs are completed. Complete descriptions of all backup equipment must be submitted in the Contractor’s bid. Backup equipment must be readily available at all times. If the Contractor fails to provide snow removal and sanding services for any reason, the University shall complete the work as required and shall deduct for direct costs from monies due.

3.4 Communication Center: The Contractor shall have a communications center which can be reached, toll free from Gorham or Portland, by telephone 24 hours a day, 7 days a week, for notification purposes.

3.5 Sand and Salt: "Washed" sand and salt mixture must be provided by the Contractor. Mixture shall be a 20% salt/ 80% sand mix.

3.6 Notification and Response: The Contractor must coordinate activities with the Office of Facilities Management.

 

4.0 QUOTATION

4.1 Snow removal on all areas listed in Schedule A for the lump sum price of: $___________

TO BE PAID IN SEVEN EQUAL MONTLY PAYMENTS BEGINNING IN NOVEMBER, 30 DAYS IN ARREARS.

 

4.2 Snow ban plowing costs for resident student lots. Cost for each ban: $___________

 

4.3 Time, Material, and Equipment Costs for additional work as may be required on an hourly basis:

$___________

4.4 Time, Material, and Equipment Costs for spreading sand/salt mix on campus roadways on an hourly basis:

$___________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.0 EQUIPMENT

For consideration, the bidder must list below all equipment that will be used to provide services to the University of Southern Maine, Gorham campus and any backup equipment that will be available.

Totals Do Not Include: Greenhouse, President’s Residence, Corthell Hall and Dining Center

Lot Color Designations – Key

Blue – Faculty / Staff Green – Resident / Student