REQUEST FOR BID #10-05 August 10, 2004

SNOW REMOVAL BID, USM PORTLAND

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 Portland, 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:

GENERAL CONTRACT REQUIREMENTS:

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 Portland campus has approximately 380,000 +/- square feet of parking area. Typically these areas must be cleared of accumulated, drifted, and ice-packed snow, sanded and salted, when necessary, prior to 7:00 a.m. Snow may be allowed to accumulate on the Portland campus, with the exception of Portland Hall, so long as the snow is cleared by 7:00 a.m. or two (2) hours before classes start, in the event of a delayed opening of classes. The snow must be cleared to locations specified by the grounds coordinator to minimize the loss of existing parking spaces throughout the snow season. Plowing of snow 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 if conditions warrant or if requested at the time of plowing and spread in addition when requested or if conditions require application in the absence of plowing.

ADDITIONAL CONTRACT REQUIREMENTS UNIQUE TO PORTLAND HALL:

The Contractor shall ensure that a clear fire lane is maintained at all times into and out of the front and back gates of the lot. In addition, snow must be cleared as directed and requested by the grounds coordinator or the Portland Hall Residence Hall Coordinator. A box plow must be used in the Portland Hall lot to ensure that a snow bank is not created behind parked cars. Snow may only be cleared to identified snow dumps and all snow must be removed to the designated snow dumps within 12 hours after storm completion.

ADDITIONAL CONTRACT REQUIREMENTS UNIQUE TO THE PARKING GARAGE:

The Contractor shall be responsible for snow removal at the Joel and Linda Abromson Community Education Center garage, bounded by Bedford Street, Surrenden Street and Winslow Street, on the Portland campus. Plowing shall begin after accumulation of 2” of snow under normal conditions, but will be subject to the University’s discretion. Plowing shall be done between 7:00 pm and 7:00 am or two (2) hours before classes start, in the event of a delayed opening of classes. Daytime plowing shall be done as needed. Plowing includes the roof and ramp to roof, east end lot at ground level, Surrenden Street and entrance lot. Snow will be stored at the end of the roof until removal. Sand will be applied after each storm and on an on call basis for other weather events. Additional work: Snow will be dumped over the side of the building using a small loader; a lookout will be posted on the ground during dumping for safety reasons; snow is to be removed after each storm.

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, September 1, 2004, 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 tour and conference will be held on Tuesday, August 24, 2004. The pre-bid conference will begin with a tour of the Portland campus. Prospective bidders shall meet at 9:30 a.m. local time in the Facilities Management Office, 25 Bedford Street on the Portland campus. Following the tour, a conference will be held in the Facilities Management Office at 10:30 a.m. The purpose of the conference is to answer questions and provide further clarification as may be required. Please hold all questions until this meeting. Attendance by all prospective bidders is mandatory for both the tour and the conference.

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 Monday, August 23, 2004 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 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.

2.3 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.

2.4 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.

2.5 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.

2.6 Contract Term: The contract term shall be for a period of one (1) year commencing with the 2004 – 2005 season. With mutual written agreement of the parties this contract may be extended for four (4) additional one-year periods.

2.7 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.

2.8 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

(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

(In compliance with Applicable State Law)

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

107 Maine Avenue

Bangor, ME 04401

2.9 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 veteran’s status and to provide reasonable accommodations to qualified individuals with disabilities upon request.

2.10 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.

2.11 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.

2.12 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.

2.13 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.

2.14 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, 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:

THE UNIVERSITY WOULD PREFER TO AWARD THIS BID ALL TO ONE CONTRACTOR WHO WILL PERFORM ALL OF THE WORK LISTED IN ATTACHMENT A. HOWEVER, BIDS THAT EXCLUDE PORTLAND HALL AND/OR 68 HIGH STREET AND/OR DRIVEWAYS WILL BE CONSIDERED. IT IS THE BIDDER’S RESPONSIBILITY TO MAKE CLEAR WHAT WORK IS INCLUDED IN THE LUMP SUM PRICE AT SECTION 4.1 Exclusions other than Portland Hall and/or 68 High Street and/or driveways are not acceptable.

4.1 Snow removal on all areas listed in Schedule A (exceptions must be listed) for the lump sum price of: $_________________

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

THE PRICING REQUESTED BELOW, IN SECTIONS 4.2 THROUGH 4.3, IS FOR ADDITIONAL WORK PERFORMED AT THE DIRECTION OF USM. COSTS ASSOCIATED WITH THESE TASKS ARE NOT INCLUDED IN THE LUMP SUM PRICE YOU HAVE PROVIDED IN 4.1 ABOVE.

4.2 Time, Material and Equipment Costs per hour for loading and hauling snow off campus to a snow dump that meets all applicable codes and regulations.

4.2.1 For surface parking lots:

$___________

4.2.2 For the garage parking lots:

$___________

4.3 Time, Material, and Equipment Costs for spreading a sand / salt mix as may be required on an hourly basis:

$___________

THE PRICING REQUESTED BELOW, IN SECTIONS 4.4 THROUGH 4.9, IS A BREAK OUT OF THE LUMP SUM PRICE YOU HAVE PROVIDED IN 4.1 ABOVE. THE UNIVERSITY IS ASKING FOR THE COMPONENT COSTS FOR INTERNAL BILLING PURPOSES.

4.4 Snow removal costs for Portland Hall including snow removal and sanding and salting the lot as necessary while plowing:

$___________

4.5 Snow removal costs for 68 High Street: $___________

4.6 Snow removal costs for 11 Baxter Street: $___________

4.7 Snow removal costs for 15 Baxter Street: $___________

4.8 Snow removal costs for 29 Baxter Street: $___________

4.9 Snow removal costs for driveways: $___________

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, Portland campus and any backup equipment that will be available.

Equipment that will be used Backup equipment

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6.0 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: ( ) _____________