| REQUEST
FOR BID #16-03 August 5, 2002
UNIVERSITY OF MAINE
PURCHASING DEPARTMENT
ORONO, MAINE 04469-5765
SERVICES AGREEMENT
1.0 GENERAL INFORMATION
1.1 The University of Maine System, acting through The
University of Maine, is seeking services as outlined in the
attached documents.
For reference, the University of Maine will hereinafter be
referred to as the "University." Firms responding to this Request
for Bid shall be referred to as "Bidders", and the firm selected
to provide services to the University shall be referred to as the
"Contractor."
1.2 Scope of Work: The University of Maine seeks to establish a
towing contract to provide services as requested by the Parking
Services Office and Public Safety. The contract may include, but
is not limited to, towing of improperly parked vehicles
obstructing emergency lanes, walkways, handicapped parking spaces
and snow removal, police impoundment, seizure of evidence, and
motor vehicle accidents. The Contractor shall tow and impound as
necessary any vehicle from University property upon the request of
the University's Parking Services Manager or the University's
Public Safety department.
1.3 Evaluation Criteria: Award will be made to the low bidder
provided that all other requirements are satisfactorily met.
However, consideration will be given to: age and condition of tow
vehicles and proximity of vehicle storage area to campus.
1.4 Award: 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/proposals. 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.
1.5 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 to the
successful bidder. The protest must contain a statement of the
basis for the challenge.
1.6 Costs of Preparation: Bidder assumes all costs of
preparation of the bid and any presentations necessary to the
bidding process.
1.7 Debarment: Submission of a signed bid or proposal 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 BIDDING REQUIREMENTS
2.1 Pre-Bid Preparation: Before submitting a bid, the bidder
may visit the site of the proposed work to become fully acquainted
with existing conditions, facilities, difficulties and
restrictions. Appointments may be made with the Parking Services
Manager during normal working hours. Telephone 207-5814047.
2.2 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.
2.3 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: Richard Guthrie
Purchasing Department Room 101
University of Maine
5765 Service Building
Orono, Maine 04469-5765
(207) 581-3734
2.4 Submission: A signed original plus 1copy 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 Tuesday, August 20, 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.
3.0 GENERAL TERMS AND CONDITIONS
3.1 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.
3.2 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.
3.3 Contract Modification and Amendment: The parties may adjust
the specific terms of this contract (except for pricing and/or
commission) 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.
3.4 Contract Term: The contract term shall be for a period of
one (1) year commencing upon signing. With mutual written
agreement of the parties this contract may be extended for two (2)
additional one-year periods.
3.5 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.
3.6 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 fourteen (14) 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. Except for such cancellation for cause by the
University, either the University or the Contractor may terminate
this Contract by giving ninety (90) days advance written notice to
the other party. Cancellation does not release the Contractor from
its obligation to provide goods or services per the terms of the
contract during the notification period.
3.7 Contract Administration: The University of Maine Purchasing
Department or its designee shall be the University's authorized
representative in all matters pertaining to the administration of
this contract.
3.8 Clarification of Responsibilities: If the Contractor needs
clarification of or deviation from the terms of the contract, it
is the Contractor's responsibility to obtain written clarification
or approval from Paul Paradis, Parking Services Manager.
3.9 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 veterans
status and to provide reasonable accommodations to qualified
individuals with disabilities upon request.
3.10 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.
3.11 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.
Insurance Type Coverage Limit
1. Commercial General Liability $1,000,000 per occurrence or more
(Written on an Occurrence-based
form) (Bodily Injury and Property Damage)
2. Automobile Liability $1,000,000 per occurrence or more
(Including Hired & Non-Owned)
(Bodily Injury and Property Damage)
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
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
3.13 Litigation: This Contract and the rights and obligations
of the parties hereunder shall be governed by and construed in
accordance with the laws of the State of Maine. The Contractor
agrees that any litigation, action or proceeding arising out of
this Contract, shall be instituted in a state court located in the
State of Maine.
3.14 University Policies: All employees, agents or
subcontractors of the Contractor who enter the University campus
for any reason relating to this contract shall at all times abide
by and adhere to all University policies relating to sexual
harassment and discrimination of all types. Further information on
these policies may be obtained from the Office of Equal
Opportunity, University of Maine (207-581-1226).
3.15 Smoking Policy: The University of Maine System must comply
with the "Work place Smoking Act of 1985" and MRSA title 22, 1541
et seq, "Smoking Prohibited in Public Places." In compliance with
this law, the University of Maine System has prohibited smoking in
all University System buildings except in designated smoking
areas. This rule must also apply to all contractors and workers in
existing University System buildings. The Contractor shall be
responsible for the implementation and enforcement of this
requirement within existing buildings.
3.16 Billing and Collections: All billing and collections shall
be the responsibility of the Contractor. The University shall have
no obligations for money due or to become due to the Contractor
for towing vehicles from University property.
4.0 PERFORMANCE TERMS AND CONDITIONS
4.1 Condition and Care of Property and Protection of the Work:
The Contractor shall continuously maintain adequate protection of
all work covered by the Contract from damage or loss and shall
protect the property from injury or loss arising in connection
with this Contract, and shall make good any such damage, injury or
loss. The Contractor shall adequately protect adjacent property as
provided by law and the Contract Documents.
4.2 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 Contract
Administrator or designee notifies the Contractor in writing that
any person employed on this contractor is 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.
4.3 Response Time: Contractor shall provide a daytime response
time of ten (10) minutes and a nighttime response of thirty (30)
minutes. An immediate response will be required for all emergency
calls. Response time is the difference between the time the
Contractor is notified and the time the wrecker arrives at the
required location. Emergency conditions, as verified by local
media or traffic enforcement could be acceptable exception of
response time requirement. Equipment or personnel shortage, or
lack of availability would not be an acceptable reason for failure
to meet response time.
4.4 Equipment: Contractor shall have a sufficient number and
adequately equipped wreckers to meet the service demands. Wreckers
will be subject to state inspection by a State of Maine licensed
inspection mechanic.
4.5 Employees: Contractor shall have personnel on duty or on
call 24 hours a day.
4.6 Release of Vehicles: Contractor shall be available 24 hours
a day to release any towed vehicle to a responsible driver or
registered owner. Responsible driver shall be able to retrieve
personal items from vehicle with a release/responsibility form
from Parking Manager.
4.7 Contractor shall notify Parking Manager on second day of
storage.
4.8 Communications Equipment: Contractor shall be able to
communicate with wreckers and with University Public Safety
Dispatch at all times.
4.9 Method of Payment: Contractor shall be able to accept
payment for services in cash or a major credit/debit card.
5.0 SUBMISSION REQUIREMENTS
5.1 Required Information:
a) Provide a list of towing equipment by make, model, year
and capacity.
b) Provide the location and size of off-street storage.
c) Describe security provisions.
d) Provide the location of the administrative office.
e) List the names of all employees who will be performing
services under this contract.
f) Provide your collection procedures policy.
g) Provide your storage fees policy: how and when they are
applied.
h) Provide information about how your would move a large
number of vehicles in a short period of time (25 in two hours).
5.2 References: A list of three references is required to be
submitted with your quotation. These references should be agencies
your firm has done business with in the past year on projects
with a similar scope to this one.
Company Name:____________________________________________________
Address:___________________________________________________________
City:__________________ State:______ Zip Code:________________
Contact Person:_____________________________________________________
Phone Number: ( ) _____________ Fax Number: ( ) _____________
Company Name:____________________________________________________
Address:___________________________________________________________
City:__________________ State:______ Zip Code:________________
Contact Person:_____________________________________________________
Phone Number: ( ) _____________ Fax Number: ( ) _____________
Company Name:____________________________________________________
Address:___________________________________________________________
City:__________________ State:______ Zip Code:________________
Contact Person:_____________________________________________________
Phone Number: ( ) _____________ Fax Number: ( ) _____________
5.3.1 Single-axle vehicle, straight tow $
5.3.2 Fee for vehicles requiring a flat bed $
5.3.3 Non-tow - wrecker is hooked up to vehicle,
but vehicle is not towed $
5.2.4 Storage fee, per day, to start 24 hours after tow $
5.3.5 Any other fees that may be charged, please
itemize and provide explanation
5.4 Commissions: The University will not accept commissions or
remuneration.
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