Solicitation No. SP-32018

Transcription

1 Solicitation No. SP INVITATION FOR PRICE QUOTES FOR FURNISHING AND MAINTAINING VENDING MACHINES FOR FAIR ACRES, LIMA, PA; CLAYTON PARK, CONCORDVILLE, PA; COUNTY OF DELAWARE FOR A PERIOD OF THREE (3) YEARS The Director, Central Purchasing Department of the County of Delaware will receive sealed price quotes in Room #228 of the Government Center Building, Courthouse Complex, Media, PA until 4:00 PM local time, on April 17, Sealed price quotes will be opened by the Director, Central Purchasing at 9:00 AM local time, on Wednesday, April 18, 2018 in his office, Room #228 Government Center Building. The award will be to the most-responsible bidder providing the product/service meeting the requirements and specifications for which the items are intended. Attached Specifications and Conditions must be complied with, without exceptions. The County of Delaware reserves the right to award this Contract in the manner most advantageous to the County. PLEASE NOTE: THE ENTIRE BID PACKAGE MUST BE RETURNED ON THE DUE DATE. FAILURE TO DO SO COULD RESULT IN THE BID BEING DISQUALIFIED. Bidder s Name, Address & Phone Number Contact Person Responsible For Bid

2 PROPOSAL Director, Central Purchasing Delaware County Government Center Courthouse Complex 201 W. Front Street Media, PA Director: We, the undersigned, do hereby offer to FURNISHING AND MAITAING VENDING MACHINES FOR FAIR ACRES, LIMA, PA; CLAYTON PARK, CONCORDVILLE, PA; COUNTY OF DELAWARE FOR A PERIOD OF THREE (3) YEARS in accordance with the attached Proposal, Specifications, and General Conditions of this bid. If this bid is accepted, we agree to execute the attached Form of Contract within FIFTEEN (15) DAYS after receiving notice of the award of contract. It is also understood that this bid may not be withdrawn for a period of sixty (60) days after the opening thereof. We, who have signed this Proposal Page have read and agree to comply with all parts of the Invitation, Proposal, Bid Forms, Specifications, and General Conditions of this Bid. Respectfully submitted, Signature Name Title ATTEST: Secretary or Assistant Secretary Address of Bidder This Proposal page must have two (2) signatures and, if the Bidder is a Corporation, the CORPORATE SEAL MUST BE AFFIXED WHEN SUBMITTING BIDS. If the Bidder is a Partnership, the names of all partners of the firm, as well as the trading name, shall be set forth. If the bidder is a Corporation, this bid must be executed by the President or Vice-President and attested to by the Secretary or Assistant Secretary with the Corporate Seal annexed. If any person other than the above-mentioned officers sign the Proposal, then authorization permitting said person to sign Bids and documents must accompany said Contracts. Only one signature is required if the company is a Sole Proprietorship, however, this must be stated under the signature.

3 PROPOSAL Item No. 1 Fair Acres, Lima, PA Having examined the terms and conditions of the Invitation to Bid, the undersigned bidder agrees to pay the County of Delaware a MINIMUM MONTHLY RETURN OF $, for a term of three (3) years. Return to County of Delaware will be in the amount of % of gross machine sales or the minimum as stated above, whoever is higher. Any Questions, contact Jim Peterson, Fair Acres Materials Management, (610) Fair Acres is requesting a minimum of 1 ADA Compliant Snack and 1 ADA Compliant Beverage Machine for Resident Buildings 5, 7 and 8. Fair Acres is requesting that some small candy be sold in the vending machines. FAIR ACRES VENDING MACHINE LOCATIONS AND COMMISSION REPORT FEBRUARY 2017 UNTIL FEBRUARY 2018 MACHINE LOCATION TYPE SALES BUILDING 3 BEVERAGE $ BUILDING 5 BEVERAGE $9, SNACK $11, BUILDING 7 BEVERAGE $5, SNACK $9, BUILDING 8 CAFETERIA BEVERAGE $8, SNACK $8, BUILDING 8 LOBBY BEVERAGE $16, BEVERAGE $12, SNACK 1 $15, SNACK 2 $15, BUILDING 11 LAUNDRY BEVERAGE $3, SNACK $2, BUILDING 18 ADMIN BEVERAGE $1, SNACK $1,782.25

4 PRICING / COMMISSION FORM PRODUCT PRICING COMMISSION % Canned Soda Bottled Soda Bottled Water Bottled Juice (100%) Bottled Tea (Lipton / Snapple) Bottled Sports Drinks (Gatorade / Powerade) Milk, Teas, Etc. Candy (Small) Candy (Regular) Chips (Regular) Chips (Large) Pastry Gum, Mints Big Cookies, Pop Tarts, Large Bagged Snacks Crackers Microwave Popcorn And/Or Guarantee of % per month, whichever is higher

5 Item No. 2 Clayton Park Having examined the terms and conditions of the Invitation to Bid, the undersigned bidder agrees to pay the County of Delaware a MINIMUM MONTHLY RETURN OF $, for a term of three (3) years. Return to County of Delaware will be in the amount of % of gross machine sales or the minimum as stated above, whoever is higher. Any questions contact marc Manfre, Director, Parks and Recreation, (610) Clayton Park 63, Granite Mill Road Concordville, PA Two (2) Bottle Soda $ ASSIGNMENT OF CONTRACT THE CONTRACTOR SHALL NOT ASSIGN THE CONTRACT OR ANY PART OF THEREOF WITHOUT THE WRITTEN CONSENT OF THE COUNTY OF DELAWARE. THE CONTRACTOR SHALL NOT SUBCONTRACT WITHOUT PRIOR WRITTEN APPROVAL FROM THE COUNTY OF DELAWARE.

6 SPECIFICATIONS Agreement 1. Bidder must have at least three (3) years experience in providing such service. 2. All food and drink sold or kept for sale shall be of first quality, wholesome and pure and shall conform in all respect to the federal, state and municipal food laws, ordinances and regulations. All food is to be fresh. No adulterate or misbranded article shall be sold or kept for sale, and all merchandise kept on hand shall be stored and handled with due regard to spoilage and sanitation. All merchandise kept for sale shall be subject to inspection and approval or rejection by a County of Delaware designee. Bidder shall supply information on initiatives currently being used to promote healthy and nutritious snacks and beverages to be sold in the machines. Bidder shall supply information on how company insures machines are filled and maintained properly with fresh products as outlined in the above. 3. Vending services may not be assigned or sublet (except for ice cream) without the written consent of the Delaware County Council. 4. The vendor shall be required to submit, on a monthly basis, a financial statement which shall be set forth such items as gross receipts and such other information as the County of Delaware may properly require. The County shall have the right to examine all books, papers and records of the vendor relative to the operation of vending machines. Vendor must provide information regarding how machines are audited, how drivers routes are monitored for accuracy, how money is handled from the time it leaves the machines to the time a commission check is prepared. 5. The county of Delaware reserves the right to verify receipts at point of pick-up on a random basis during the life of this contract. 6. The county shall furnish all electricity, heat, ventilation, water, steam and drainage service free of charge. 7. Bidders shall include a schedule together with illustrations of equipment proposed for installation, showing the type of machine. 8. Vendor shall operate the installation in accordance with the highest standards for that type of operation and in so doing shall comply with the highest standards of health and sanitation and with the health and sanitation laws of the United States, Commonwealth of Pennsylvania, and the County of Delaware, and the rules and regulations of any agency or all of them. Vendor must include information on how sanitation of machines is monitored and what the company does to ensure machines are sanitized and cleaned. 9. A refund plan will be instituted to return to employee s money due them in a rapid and efficient manner. Change will be left in various departments by the serviceman to minimize the time requirements for the receipt of refunds. Vendor must explain how refund program is going to be implemented. 10. Refund slips will be available in each area. The slip will be completed by the employee, submitted to the designated individual and an immediate refund made. The slips will be taken by the serviceman on a scheduled basis and the chance fund will be replenished at the same. The completed refund slip will document the mechanical service needs and the serviceman will respond accordingly. Repair and /or replacement of faulty equipment are to be accomplished within one work day of notification. 11. The awarding of the contract to the successful bidder will be predicated on the bid most advantageous to Delaware County, taking into consideration such factors as qualifications, financial responsibility of the bidder, business experience, capability of rendering services, ability to meet specifications.

7 12. Bid shall provide pricing and commissions (to be paid) for each category of the products to be offered as in the Bid Location and Pricing/Commission Form. DUE TO THE NATURE OF RESIDENTS AND THEIR LIMITED INCOME, BIDDER MUST PROVIDE REGULAR VENDING SIZE CHIPS AND CANDY SELECTION. LARGE SIZE PACKAGES ARE ACCEPTABLE BUT MAY NOT EXCEED THE NUMBER OF REGULAR-SIZED PRODUCTS. ADDITIONALLY, LESS EXPENSIVE OFFERINGS ARE ENCOURAGED TO BE INCLUDED. 13. Machines must be available for installation within days of the award as mutually agreed by successful bidder and the County. 14. Vendor must supply documentation in writing and before any increases in pricing occur. Documentation of wholesale pricing increases and/or detailed documented reasons may be required by the County prior to any increase approval by the County. 15. Machines should have dollar bill acceptor capability. 16. The county reserves, with 90-day notices, to close contract. 17. This is a three (3) year contract starting of the day of execution by the Delaware county Council. 18. Vendor must provide information regarding (green) initiatives that are currently being used to conserve energy. 19. Vendor must provide at least three references of commissioned accounts (approximate with same dollar volume) that may be contacted for verification of compliance. 20. Vendor must provide information to County on initiatives currently being used to ensure satisfaction of residents and employees regarding use of vending machines and services. 21. Vendor shall provide information regarding senior management and their operating team, their experience, and ability to provide services and equipment to the County. 22. All vendor vehicles and their employees must be clearly identified. 23. Criminal background checks for vendor employee(s) are required by ACT 169 OF 1996 AS AMENDED BY ACT 13 OF 1997 FOR SUCCESSFUL VENDOR.

8 GENERAL CONDITIONS The Successful Bidder will be required to enter into a written contract and bond with the County within 15 days after notice that his bid has been accepted; failure to do so shall be sufficient reason for the Delaware County Council to rescind their action accepting his bid and to accept the bid of the next-lowest responsible bidder. If the Successful Bidder shall fail to execute a contract as set forth in these General Conditions, despotism will be forfeited as liquidated damages. 1. It is understood that parties making quotes accept all terms and conditions contained and expressed in the Specifications, General Conditions and Special General Conditions. 2. The Contractor agrees to indemnify and save harmless the County and their representatives from all suits or actions of every nature and description brought against them or either of them, or on account of the use of patented appliances, products or processes. 3. No verbal instructions or information will be binding. The Specifications will be considered as clear and complete unless attention is called to any apparent discrepancies or incompleteness thereof, before opening of the quotes. Should any change in Specifications be required, they will be issued to all bidders in the form of an Addendum to the Original Solicitation. 4. The County is exempt from Federal Tax and Pennsylvania Sales Tax. Tax exemption certificates will be furnished by the County to the bidder awarded the contract. 5. Each bidder must fill out and include as part of his bid the following Attachment A. 6. Any questions pertaining to this contract should be directed to Jim Peterson, Materials Management Department; (610) , for Fair Acres and Mark Manfre, Director; (610) , for Parks & Recreation. 7. Commission checks will be issued on a monthly basis. The vendor shall be required to submit, on a monthly basis, a financial statement of sales and commission by machine. Commission checks will be sent to Fair Acres, Materials Management Building #13, 340 N. Middletown Road, Lima, PA and to Parks & Recreation, 1671 N. Providence Road, Media, PA. 8. The acceptance of all bids for Contracts is made expressly conditional upon a satisfactory rating from a preaward investigation conducted by the Central Purchasing Department. Contracts shall not be based on the concept of the lowest responsible bidder, although cost will be a consideration. Furthermore the County has the right to reject any and all proposals. In addition to price, the Central Purchasing Department in its pre-award evaluation shall in consultation with the affected Dept. Head, ascertain and consider: (a) The expertise of the Bidder to perform the Contract or provide the service required. (b) Whether the Bidder can perform the Contract or provide the service promptly, or within the time specified and with adequate supervisory personnel. (c) The character, integrity, reputation and judgement of the Bidder. (d) The quality of performance on previous Contracts and services. (e) The previous and existing compliance by the Bidder with laws and ordinances relating to the Contract or Service. (f) The sufficiency of the financial resources of the Bidder to perform the Contract or provide the Service. (g) The ready availability of supplies necessary to discharge performance in a prompt and workmanlike manner.

9 GENERAL CONDITIONS (CONTINUED) (h) The ability of the Bidder to provide future maintenance and service for the use of the subject of the Contract. (i) The number and scope of conditions attached to the bid. 12. Successful bidder must provide County of Delaware with an original W-9 for our Controllers Department. The successful bidder shall submit an ORIGINAL, CURRENT Certificate of Insurance for a Comprehensive General Liability, Auto and Workers Compensation Policy. The following factors will automatically disqualify a low bidder: (a) Default on the payment of taxes, licenses or other monies due the County. (b) Default, breach of repudiation on a past Contract or Contracts which reflect a course of performance deemed deleterious to the County s best interest. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the Central Purchasing Department and filed with other papers relating to the transaction.

10 ATTACHMENT A The following Access to Records clause is included herein because of the possible application of Section 1861 (v) (1) (I) of the Social Security Act; if that Section should be found Inapplicable to this Agreement, then this clause shall be deemed not to be part of this Agreement and shall be null and void. (a) Until the expiration of four years after the furnishing of services pursuant to this contract, ( )shall make available upon written request of the Secretary of Health and name of vendor and Human Services or the U.S. Comptroller General or any of their duly authorized representative, this contract and books, documents and records of ( ) that are name of vendor necessary to verify the nature and extent of costs incurred by (County of Delaware) under this name of provider Contract. (b) If ( ) carries out any of the duties of this contract with a value of $10,000. or name of vendor more over a twelve month period through a subcontract with a related organization, such contract must contain a clause to the effect that until the expiration of four years after the furnishing of services under the subcontract, the related organization shall make available, upon written request of the Secretary of Health and Human Services, the U.S. Comptroller General, or any of their authorized representatives, the subcontract and books, documents and records of the related organization that are necessary to verify the nature and extent of costs incurred by (County of name of Delaware) under this contract. provider

11 he following is attached as Exhibit A : Agreement Provisions Right to Know Law a. The Pennsylvania Right-to-Know Law, 65 P.S , ( RTFL ) applies to this Agreement. For the purpose of these provisions, the term the County shall refer to the County of Delaware. b. If the County needs the Contractor s assistance in any matter arising out of the RTKL related to this Agreement, it shall notify the Contractor using the legal contact information provided in this Agreement. Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to the County. c. Upon written notification from the County that it requires the Contractor s assistance in responding to a request under the RTKL for information related to this Agreement that may be in the Contractor s possession, constituting, or alleged to constitute, a record in accordance with the RTKL ( Requested Information ), the Contractor shall: 1. Provide the county, within five (5) calendar days after receipt of written notification, access to, and copies of, any document or information in the Contractor s possession arising out of this Agreement that the County reasonably believes is Requested Information and may be a public record under the RTKL; and, 2. Provide such other assistance as the County may reasonably request, in order to comply with the RTKL with respect to this Agreement. d. If the Contractor considers the Requested Information to include, a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the Contractor considers exempt from production under the RTKL, the Contractor must notify the County and pride, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of the Contractor explaining why the requested material is exempt from public disclosure under the RTKL. e. The County will rely upon the written statement from the Contractor in denying a RTKL request for the Requested Information unless the County determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the County determine that the Requested Information is clearly not exempt from disclosure, the Contractor shall provide the Requested Information within five (5) business days of receipt of written notification of the County s determination. f. If the Contractor fails to provide the Requested Information within the time period required by these, provisions, the Contractor shall indemnify and hold the County harmless for any damages, penalties, costs, detriment or harm the County may incur as a result of the Contractor s failure, including any statutory damages assessed against the County.

12 g. The County will reimburse the Contractor for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. h. The Contractor may file a legal challenge to any County decision to release a record to the public with Office of Open Records, or in the Pennsylvania Courts, however, the Contractor shall indemnify the County of any legal expenses incurred by the County as a result of such a challenge and shall hold the County harmless for any damages, penalties, costs, detriment or harm that the County may incur as a result of the Contractors failure, including any statutory damages assessed against the County, regardless of the outcome of such legal challenge, As between the parties, the Contractor agrees to waive all rights or remedies that may be available to it as a result of the County s disclosure of Requested Information pursuant to the RTKL. i. The Contractor s duties relating to the RTKL are, continuing duties that survive the expiration of the Agreement and shall continue as long as the Contractor has Requested Information in its possession.

13 VENDOR/CONTRACTOR'S INSURANCE REQUIREMENTS: COMPREHENSIVE GENERAL LIABILITY: Before the contract is awarded the Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damages Insurance as shall protect him from all claims or loss arising from Property damages, personal injury and bodily injury including accidental death. Such Insurance Policy shall include Products and Completed Operations coverage and include coverage for damage which may arise from the Operations of the Contractor or by any sub-contractor or by anyone directly or indirectly employed by either of them. The Combined Single Limit of Liability required is $1,000, per occurrence with a deductible of no more than $1, *VEHICLES: Comprehensive Business Automobile Coverage shall be maintained with a Combined Single Limit of Liability in an amount no less than $1,000, per occurrence with no deductible. PROPERTY DAMAGE: $2,000, coverage. WORKER'S COMPENSATION: Worker's Compensation Insurance required by Pennsylvania law covering all Owners, employees and all employees of the General Contractors and Sub-Contractors. In the alternative, a current certificate of Exempt status from the Pennsylvania Department of Labor and Industry is acceptable if the Owner is an Exempt Self-Insurer in the State of Pennsylvania. EMPLOYER'S LIABILITY INSURANCE: $500, per accident or employee disease. Employer's Liability Insurance with limits not less than The County of Delaware shall be named as an additional insured on all policies insofar as the specific contract is concerned. In addition, the Contractor shall furnish the County with a certificate of insurance showing the type, amount, class of operations covered, effective dates and dates of expiration. All policies should also contain a sixty (60) day notice of cancellation clause. NOTE: IF THE OWNER MAINTAINS A SELF-INSURED PROGRAM OR A LIMITED SELF- INSURANCE PROGRAM FOR ANY OR ALL OF THE EXPOSURES LISTED ABOVE, A COMPLETE DESCRIPTION OF THE PROGRAM WITH INFORMATION ON EXCESS CARRIERS AND FUNDING ARRANGEMENTS SHOULD BE PROVIDED. IN THE EVENT THE WORKER'S COMPENSATION IS SELF- INSURED, A COPY OF THE CURRENT EXEMPTION CERTIFICATE SHALL BE PROVIDED. PLEASE NOTE: IF VENDOR USES A COMMON CARRIER PLEASE ENCLOSE A LETTER STATING THAT A COMMON CARRIER IS USED AND THEREFORE AUTO LIABILITY DOES NOT APPLY

14 FORM OF CONTRACT Articles of Agreement made this day of 20 Between Delaware (hereinafter called County). hereinafter called (Contractor) and the County of WITNESSETH: That the Contractor covenants, promises and agrees to and with the County to: For the price of: as per its annexed proposal, and to, in all respects, comply with the terms and conditions of the Invitation to Proposers, annexed Proposal and the County covenants, promises and agrees to and with the Contractor to pay it the price of: for It is further mutually agreed by said parties, in consideration of their aforesaid mutual covenants, the Annexed Proposal constitute and are a part of the Contract as though fully set forth herein. In Witness Whereof, the Contractor and the County have hereunto caused their common Corporate Seals To be affixed hereto duly attested by their proper officers the day and year aforesaid. ATTEST: Secretary or Assistant Secretary

15 Vendor s Signatures COUNTY OF DELAWARE Delaware County Council Attest: County Clerk

16 TO ALL VENDORS PLEASE BE ADVISED THAT THE COUNTY OF DELAWARE WILL STRICTLY ENFORCE: THE SUCCESSFUL BIDDER SHALL BE REQUIRED TO ENTER INTO A FORM OF CONTRACT WITH THE COUNTY OF DELAWARE WITHIN FIFTEEN (15) WORK DAYS AFTER NOTICE OF THE ACCEPTANCE OF ITS BID. FAILURE TO DO SO SHALL BE SUFFICIENT REASON FOR THE COUNTY TO RESCIND THEIR ACTION ACCEPTING ITS BID AND ACCEPT THE BID OF THE NEXT LOWEST RESPONSIBLE BIDDER.

17 NOTICE TO VENDORS FAIR ACRES WILL SUPPLY TO THE VENDOR WHO IS AWARDED THE CONTRACT A LIST OF HOLIDAYS