Proposal 3130

REQUEST FOR PROPOSAL 3130

VENDING/ENHANCED VENDING

RETAIL FOODSERVICE OPERATIONS Issued by Community College of Allegheny County Procurement Department

A virtual pre-proposal meeting will be held at 9:00 a.m. on Wednesday, April 6, 2022. To participate, request a meeting notification by emailing Mike Cvetic at mcvetic@ccac.edu. A walkthrough of the Allegheny Campus Cafeteria will be held for all interested parties on Thursday, April 7, 2022 at 9:00 a.m. Meet at the Tom Foerster Student Services Center, 800 block of Ridge Ave., Pittsburgh, PA 15212.

Responses to this request for proposal are due in to the Procurement Department - Office of College Services, 800 Allegheny Ave., Pittsburgh, PA 15233 no later than April 20, 2022 at 2:00 PM

FAX OR ELECTRONIC RESPONSES ARE NOT ACCEPTABLE.

In the event a sealed bid is hand carried, it is the sole responsibility of the Bidder to assure the proposal is in possession of the CCAC Procurement Department prior to the time set for opening. This RFP and other of the College’s solicitations may be located via the CCAC website at https://ccac.edu/business/rfp-bids.php. It will be each vendor’s responsibility to monitor the RFP/bid activity within the given webpage (“Bid and RFP Opportunities”) and ensure compliance with all applicable documents inclusive of any issued addenda. Failure to incorporate any applicable addenda in the final submittal may result in the rejection of your proposal/bid.

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REQUEST FOR PROPOSAL 3130

ARTICLE ONE - GENERAL INFORMATION

I.

INTENT/PURPOSE

The intent of this Request for Proposal No. 3130 (“RFP”) is to solicit proposals from qualified firms to provide a vending and/or retail foodservice program that will make high quality food and beverage products available for purchase by students, employees and visitors at CCAC’s campuses, centers and office locations, as more fully described below. As a result of the continued challenges associated with conducting in-person classes and activities during the COVID-19 pandemic, the College anticipates that on campus enrollment and activity will remain unpredictable and subject to significant variations in foot traffic throughout the day and over the course of each academic term. The College is therefore interested in receiving proposals that incorporate a robust vending or enhanced vending program, as well as “to go” or prepared meal options, that would best be able to serve and adapt to student and staff demand in this climate. Although the College would prefer to select a single vendor to operate vending and food service operations across all of its locations, it will consider proposals that are limited to specific locations or regions. In addition, the College will consider proposals that provide vending or enhanced vending only at one or more particular locations, as well as those that incorporate some form of retail foodservice operation as an addition or alternative to vending services.

II. OVERVIEW

The Community College of Allegheny County offers credit and non-credit classes throughout the calendar year at its four main campuses and three campus centers (Homewood-Brushton, Braddock Hills and West Hills). Vending services are currently offered at all campus and center locations, as well as the College’s Office of College Services, which houses the College’s financial, IT, HR, and facilities management departments. A foodservice dining program has traditionally been offered at each of the four campus locations and the West Hills Center; however, dining services have largely been suspended at all but the Allegheny Campus location since March of 2020 as a result of the pandemic. In issuing this document, the College seeks to obtain proposals to provide a vending and/or foodservice program that will make high quality food and beverage products available for purchase by the students and employees attending classes and working at all of its locations. On-campus student enrollment and staffing data for the 2021-22 Academic Year, as well as the last pre-pandemic Academic Year (2019-20), are included under Appendix A . Proposals may include assumption of the operation of the cafeteria facilities located on the Allegheny, Boyce, North, and South and West Hills locations, utilization of vending, enhanced vending or “C - Store” style concepts, limited foodservice and meals to go options, or a combination of some or all of the foregoing.

III. RFP TIMELINE / KEY DATES

The following table outlines the College’s planned schedule of major activities related to the RFP. All times referenced are in accordance with the local time zone as may be applicable. Dates indicated are tentative and may be changed or extended during the R FP process at CCAC’s sole discretion. An addendum to this RFP will be issued if the proposal submittal date/deadline should change.

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DATE

ACTIVITY / TIME

March 24, 2022

RFP issued

April 6, 2022 April 7, 2022

Virtual Pre-proposal Conference 9:00 a.m. Request link: mcvetic@ccac.edu Walkthrough of Allegheny Campus Cafeteria 9:00 a.m.

April 13, 2022

Questions/requests for clarifications must be received by2:00 p.m.

April 20, 2022

Proposals due by 2:00 p.m.

April 21-30, 2022

Review and evaluation of proposals

May 2022

Negotiate agreement with selected vendor(s)

May / June, 2022

Preparation for and transition of services, if needed, to selected vendor(s)

July 1, 2022

Commencement of Services

IV. PRE-PROPOSAL CONFERENCE

A virtual pre-proposal conference will be held at on April 6, 2022 at 9:00 a.m. to answer questions about the RFP. A tour facilities located on the Allegheny Campus will be held on April 7, 2022 at 9:00 a.m . Attendance at the pre-proposal meetings is strongly recommended. Interested vendors should limit their personnel to no more than three (3) persons in attendance each.

V. DEFINITIONS / CLARIFICATIONS

A. “Contract” and “Agreement” shall refer to any contract that is awarded by the College to a Vendor as a result of their response to this RFP.

B. “Contractor” and “Vendor” shall refer to the firm submitting a response to this RFP.

C. “Services” shall refer to the vending, enhanced vending and/or foodservice program proposed by the Vendor(s) selected by the College.

D. “College” or “CCAC” shall refer to the Community College of Allegheny County and its respective campuses and centers, both individually and as a single entity as the context so indicates.

E. "Administrator" shall refer to the CCAC representative(s) responsible for overseeing, coordinating, and supervising the Vendor’s Services.

F. “Fiscal Year” shall begin July 1 of each calendar year.

G. The “Academic Calendar” is defined as the schedule of days during which the College is open for scheduled class instruction and/or testing (final exams) during the Fall and Spring Terms and the Summer Term. The College’s academic calendars are posted on the CCAC website at https://www.ccac.edu/academics/classes-calendar-catalog.php.

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ARTICLE TWO - PROPOSAL SUBMISSIONS

I.

CONTENTS OF PROPOSALS

The College requests that responses to this RFP contain the following information, tabbed or indexed to readily identify each such section in the response:

A. EXECUTIVE NARRATIVE / SUMMARY: Describe the vending/enhanced vending/foodservice program that you propose to implement at CCAC, including how your proposed program will address the following considerations:  How your proposal will meet or exceed the specifications described in Article Four below;  How your proposal will increase the number ofstudents, employees and visitors that utilize the vending and foodservice options available at CCAC ’s campuses, centers and office locations;  Marketing strategies, special offerings, promotional programs and/or other incentives that will be utilized to promote and drive traffic to the programs to be offered;  The elements of the program that you are proposing that you believe differentiate it from those offered by your competitors;  The actions that you will und ertake to ensure that vending and food service demand at CCAC’s locations are being met, including means by which you will monitor customer satisfaction and respond to service-related complaints;  The extent of any renovations to College facilities and/or new equipment and infrastructure that will be needed to support your proposed program;  The extent to which your proposal will include or incorporate any proprietary branded, franchised or licensed concepts;  The extent to which your proposal will incorporate fresh food, organic, vegan, and/or locally- sourced food options; and  The management structure and staffing organization you will employ to support and service your proposed program. B. Financial Considerations: The College intends to provide access to and use of the College’s facilities at no cost to the selected Vendor(s), and to potentially include use of basic utility services necessary to support the V endor(s)’ proposed program and/or existing cafeteria/foodservice equipment and facilities ( e.g. electric, heat, water service). The College further intends that all costs of operating the proposed program will be borne solely by the selected Vendor(s), including but not limited to costs of procuring, installing and servicing necessary machines and equipment, procuring and maintaining POS equipment and software, internet connectivity, staffing necessary to support operations, food safety compliance, and procurement, delivery, cold storage and distribution of products offered for sale. Based upon these parameters, please include in your proposal a description of any financial benefit that you propose to return to the College from the operation of your program, if selected. Potential examples include payment of a commission based upon percentage of gross sales, payment of an annual licensing fee, discounted product offerings to students and staff, or a combination of the foregoing. This section of your proposal should also include a description of any financial contribution that you will require or seek from the College that is in addition to or beyond the rent-free access to CCAC facilities described above. C. Product Pricing Information: Provide a list of proposed retail prices for the food and beverage items that will be offered for sale under your proposed program during the proposed term of the Contract (July 1, 2022 – June 30, 2024). If your program will provide differentiated or discounted pricing for certain products or services, please make sure to break those out separately. If your proposal will seek to incorporate price increases at any time during the proposed term, please provide the proposed increased prices and/or the methodology that will be used to calculate the

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proposed price increases.

D. Contractor Questionnaire: Please complete all pages of the Contractor Submittal Form #3.0 attached hereto under Appendix B .

E. MWDBE Participation: CCAC is committed to providing maximum opportunities for qualified minority-owned business enterprises (“MBE’s”), economically disadvantaged group -owned business enterprises (“DBE’s”), and/or women-owned business enterprises (" WBE’s "), and has established an overall goal of having 13% MBE and 7% WBE/DBE participation in its contracts and external procurements. In accordance with these goals, responding Vendors are asked to include the following information in their submissions: (1) if applicable, proof of certification as an MBE/WBE/DBE business or, if qualified but not yet certified, actions that it will take to obtain appropriate certification as an MBE, WBE or DBE; (2) actions that it will take to ensure that MBE, WBE DBE’s are appropriately considered as subcontractors and/or suppliers under the Vendor’s proposed program; and (3) confirmation of the Vendor’s ability to track and report moneys paid to MBE, WBE and DBE subcontractors and/or suppliers under its proposed program. F. REFERENCES: Provide at least three (3) references from current or former customers to whom you have provided vending and/or foodservice programs or operations, preferably of like size and operational structure to that of the College. For each reference, please include the organization’s legal name, contact person, phone number,and specific years of service and description of services provided. G. EXCEPTIONS / CHANGES TO PROPOSED CONTRACT: If you, as a responding Vendor, will be requesting additions to, exceptions from, or changes in the College’s proposed Contract requirements, as described in Article III below, then you must clearly identify and describe all such exceptions, changes or additions that you are requesting. Requested revisions, additions or other changes will be considered in evaluating your response to this RFP and in determining your qualifications.

II. GENERAL SUBMITTAL REQUIREMENTS / CONDITIONS

The terms and conditions set forth below will apply to and govern all proposals submitted in response to this RFP. Your submission of a proposal represents your acknowledgement and agreement to each of these terms and conditions. A. All proposal responses, inclusive of the required submittals and all other documentation, must be submitted in hard copy and either mailed, delivered by private carrier,or hand-delivered. (No fax or electronic responses are permitted).

B. PROPOSAL DEADLINE: Due by 2:00 PM on April 20, 2022.

C. One original and eight (8) copies of your proposal must be appropriately identified and delivered by the proposal deadline to the following address:

Community College of Allegheny County Procurement Department - Attn: Michael Cvetic

800 Allegheny Avenue Pittsburgh, PA 15233

D. Proposals shall clearly indicate the Vendor’s full business name and address, and must also include the appropriate contact person’s name, phone number, fax number and e-mail address.

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E. Proposals must contain the original signature of a duly authorized officer or agent of the Vendor submitting the proposal.

F. All costs incurred in preparing a response shall be at the Vendor’s expense.

G. Each Vendor submitting a proposal shall furnish the College with such additional information as the College may reasonably require, including audited financial statements or other evidence its current financial condition. The College reserves the right to conduct interviews and/or meetings with any or all Vendors submitting proposals in response to the RFP prior to selection in order to evaluate their qualifications and ability to perform the services described in the RFP. Vendor will be responsible for all costs incurred by it in connection with any such interviews, meetings, or requests for additional information.

H. Proposals must be held open, and may not be withdrawn, for a period of ninety (90) days from the date that the proposal is opened.

I. The submission of a proposal shall be prima facie evidence that the Vendor submitting the proposal has full knowledge of the scope, nature, quantity and quality of work to be performed; the requirements of the specifications; and the conditions under which the work is to be performed.

J. The College reserves the right to conduct pre-contract negotiations with any Vendors that submit proposals.

K. While it is the intent of the College to enter into a contract with one or more Vendor(s) as a result of this RFP, neither the issuance of this RFP, nor the submission of a proposal to the College, shall commit the College to enter into any contract with, or otherwise engage or utilize the services of any particular Vendor(s). Engagement of any Vendor(s) to provide the services described in this RFP, in whole or in part, shall be subject to and contingent upon negotiation of a Contract with said Vendor(s) that is acceptable to the College. L. The College reserves the right to reject any and all proposals, to accept any proposal or portion thereof, and to waive any irregularity in any one or more proposals. The College will not enter into any agreement with a Vendor submitting a proposal until all necessary investigations are made into the responsibility and qualifications of that Vendor, as well as its ability to timely and satisfactorily provide the services described in this RFP and the Vendor’s proposal . Neither product pricing nor the amount or type of proposed financial benefit to the College will constitute the sole basis for selecting a Vendor.

M. The College will not be bound by oral explanations or instructions given by any College employee or agent at any time during the proposal process or after selection of a Vendor.

N. Modifications to the specifications of this RFP shall only be valid if issued in writing by the College in the form of a written addendum to the RFP.

O. The College may negotiate the inclusion, exclusion, or alteration of any language, terms, or conditions prior to the execution of a final Contract, or throughout the term of such Contract.

P. The final, executed Contract with the selected Vendor(s) will incorporate this RFP document, any addenda to the RFP as issued by the College, and those portions of the selected Vendor(s)’ proposal that are designated by College.

Q. Responses to this RFP are subject to the Pennsylvania Right-to-Know Law, 65 P.S. §67.101 et seq . The Right-to-Know Law permits any requestor to inspect and/or copy any record prepared and

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maintained or received in the course of the operation of a public office or agency that is not subject to the enumerated exceptions under the law. If your response to this RFP contains a trade secret or other information which you deem to be confidential or proprietary, you should include with your response a separate signed written statement to that effect. Should your response become the subject of a Pennsylvania Right-to-Know Law request, you will be notified by the College and asked to identify all trade secrets or confidential and proprietary information that is included in your response. The College will then determine whether the claimed trade secret orconfidential and proprietary information is subject to disclosure.

III. QUESTIONS

Questions regarding this RFP must be submitted by no later than 2:00 p.m. on April 13, 2022, and addressed to Michael Cvetic, Director of Procurement, at the following email address: mcvetic@ccac.edu.

ARTICLE THREE - TERMS AND CONDITIONS OF THE AWARDED CONTRACT

The following terms and conditions will be incorporated into the final Contract entered into with the selected Vendor(s):

I. CONTRACTOR QUALIFICATIONS, REPRESENTATIONS AND WARRANTIES

Vendor represents and warrants as follows:

A. Vendor has the experience, product inventory, distribution resources, equipment and staffing to perform all work and Services described in the RFP and in the Vendor’s proposal .

B. Vendor has no obligations or interests that conflict with its ability to fully perform the Services or to otherwise meet the College’s needs and requirements as set forth in the RFP.

C. The Vendor’s employees, agents and subcontractors have and shall at all times possess the required education, knowledge, experience, licensure, and certifications necessary to perform the Services.

D. The Vendor has and will maintain sufficient and qualified personnel to timely perform all of the Services.

E. Vendor is not under suspension or debarment by any governmental entity, instrumentality, or authority, and will notify the College within fifteen (15) days in the event that it receives notice of any suspension or debarment action by the federal government or any other state or governmental entity. F. Vendor agrees that it shall be responsible for any loss, damage or theft to property or equipment owned or leased by College that is in Vendor’s possession or control or which is provided by College to Vendor for its use in connection with the performance of the Services. Vendor will return any such CCAC-provided equipment promptly upon expiration or termination of the Contract in original condition, reasonable wear and tear excepted. G. Vendor shall pay its bona fide financial obligations to third parties in a timely manner, and shall keep the College’s property free and clear from all claims and liens asserted by any person, firm, corporation, or business association arising out of its furnishing of the Services, and/or the termination of the Services or any part thereof.

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H. Vendor shall, upon College’s request, provide College with adequate assurance of its ability to continue to provide the Services and to otherwise continue to perform under the Agreement, including without limitation audited financial statements or other reasonable evidence of its financial liquidity.

I. Vendor shall be responsible for paying any and all taxes, governmental charges and/or expenses incident to its performance of the Services.

J. Vendor shall obtain and maintain at its sole expense, and in its name, all necessary licenses, approvals, certifications, permits and insurances as may be required to perform the Services or as otherwise required by the Contract. K. Vendor shall at all times comply with, and shall be responsible for ensuring its employees and subcontractor’s compliance with, all applicable federal, state and local statutes, ordinances, rules and regulations in its performance of the Services, including but not limited to all relevant data security laws, all employee safety laws, and all relevant CCAC policies, rules and regulations. L. Vendor shall be responsible for the security of the credit card holder data that Vendor, or any of its business affiliates, processes, transmits and/or stores with regard to the Services to be provided under the Contract. Vendor represents and warrants that it meets all PCI security standards as relative to the Payment Card Industry Data Security Standard requirements, and will continue to meet such standards, as the same may be amended or revised, throughout the term of the Contract. Vendor will provide PCI attestation reports documenting its compliance with PCI requirements to College upon request. M. Vendor will comply with all applicable federal and state technology compliance laws, regulations, and codes, including but not limited to Data Breach Notification Laws, the Gramm- Leach-Bliley Act with regards to safeguarding student or customer financial information per Federal Trade Commission regulations (if applicable), the Family Educational Rights & Privacy Act (“FERPA”), 20 U.S.C. § 1232, and its implementing regulations, all as in effect or as may be amended, and any other applicable current or future legislation to ensure compliance and safeguarding data, including College policies relating to technology security compliance. N. Vendor’s Services will at all times comply with all applicable food and health safety laws and regulations, including all requirements and regulations issued by the Allegheny County Health Department. Vendor will further ensure that all foodservice equipment, preparation facilities and food storage areas are maintained in a sanitary, odorless condition at all times and in compliance with all applicable federal, state and local laws, rules and regulations. Vendor will use proper cleaning products and maintain MSDS documentation for all such products used in accordance with applicable laws. O. Vendor will promptly (within 24 hours) correct any deficiencies in the Services identified by the College, and inform College in writing of the solution and disposition of each deficiency as to when it was corrected and what was done to prevent a recurrence of the same.

P. Vendor ’s equipment and Services will be handicap accessible and otherwise meet applicable requirements under the Americans with Disabilities Act and its implementing regulations.

Q. All employees assigned to work at any College building or facility in connection with any

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regularly staffed foodservice program operated by Vendor will (1) have successfully completed a background check that meets the same requirements applicable to the College ’s own employees, including current federal and state criminal record check clearances and a child abuse clearance; and (2) be fully vaccinated against COVID-19 or have received an approved exemption, in accordance with College policies and regulations as then in effect. R. Vendor will provide the College with an accurate listing of all equipment installed or stored on CCAC’s premises within sixty (60) days following the commencement of the Contract. Vendor will update this list no less frequently than annually, at the start of each annual term of the Contract, or more frequently if the items should change significantly. S. All food and beverage products offered for sale and purchase by Vendor shall be pure, wholesome, and fresh, and meet all applicable USDA, FDA and state and local quality standards. T. All vending machines will be new or in like-new condition and of a late model, carry the ENERGY STAR® qualified efficiency rating, and be equipped to process cash, credit card and mobile application payments. U. Vending and enhanced vending equipment provided and operated by Vendor will be regularly stocked with fresh, non-expired products, and maintained in good working condition at all times. Vendor will regularly inspect all equipment to ensure it is in proper working order, and respond to and correct inoperable equipment or other service-related issues within twenty-four (24) hours’ notice from the College. Credit card/mobile payment applications shall maintain a minimum 98% connectivity rate.

V. Vendor will provide College with monthly and annual sales reports which capture the gross sales in each category of Services provided by Vendor.

W. Time is of the essence with regard to providing the Services.

X. Vendor may not assign the Contract or the performance of the Services, in whole or in part, without the prior consent of the College.

Y. Vendor agrees to defend, indemnify and hold harmless the College from any and all fines, penalties, losses, damages, costs and expenses that may be assessed against College which arise out of or relate to a breach of Vendor’s representations, warranties and obligations or which are caused by or result from the acts or omissions of Vendor or any of its employees, agents or subcontractors.

II.

BOND AND INSURANCE REQUIREMENTS

A. Performance Bond: A performance bond in the amount of $75,000.00 and in the form attached hereto as Appendix C must be submitted at or prior to execution of a final Contract, and must remain in place throughout the term of the Contract, including any renewal term(s). B. Insurance Requirements: Vendor will comply with the insurance and indemnification requirements set forth in Appendix D . A Certificate(s) of Insurance evidencing all required insurance coverage must be provided to the College by the selected Vendor(s) at or prior to the execution of a final Contract, and prior to the start of any work thereunder. Required insurance coverage must be maintained throughout the duration of the Contract, inclusive of any applicable renewal term(s).

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III. PROPOSED TERM OF CONTRACT

CCAC anticipates entering into an agreement with one or more for Vendors for an initial contract term of two (2) years beginning July 1, 2022 and running through June 30, 2024, with automatic annual renewals thereafter, subject to a right of termination by either party upon 180- days’ written notice to the other party. CCAC reserves the right to require a different term of agreement after evaluation of the proposals submitted in response to this RFP and negotiation of all contract terms with the selected Vendor(s).

ARTICLE FOUR - SPECIFICATIONS

I.

GENERAL SCOPE OF WORK

A. The selected Vendor(s) is expected to provide a vending, enhanced vending and/or foodservice program that will provide a range of food and beverage products for purchase by students, faculty, staff and visitors to CCAC’s campus, center and office locations , and which generally meets the following objectives: 1. Requires no subsidization by or financial contribution from the College; 2. Provides appetizing, appealing and nutritionally sound food and beverages for students, faculty, staff, visitors, and guests, with an emphasis on locally grown foods and produce; 3. Includes fresh-brewed coffee options (with exception of Allegheny Campus); 4. Maintains attractive and inviting service areas within the College’s designated facilities with excellent health safety and sanitation standards; 5. Increases sales through the year and from year-to-year; 6. Demonstrates environmental and energy awareness and responsibility by minimizing waste; 7. Assures adequate accountability and financial reporting through the use of proficient accounting means and software, and timely and accurately reports sales information to the College as required under the terms of the Contract; 8. Maintains reasonable, competitive and consistently applied pricing for all locations to be serviced for the duration of the Contract; and 9. Ensures that all Vendor employees and subcontractors maintain a professional appearance and exhibit courteous and prompt customer-service. B. The selected Vendor(s) will have access to College buildings at reasonable times as determined by the College prior to the commencement of the Contract on July 1, 2022. It is expected that the Vendor will be able to fully implement its proposed program of Services no later than August 15, 2022. C. Vending/Enhanced Vending products are generally expected to be available for purchase 24-hours per day throughout the calendar year. Equipment that dispenses perishable items or items with relatively short shelf-life may be placed out of service during extended break periods in the Academic Calendar or for routine cleaning and maintenance, upon notice to and approval by the College. D. Any dining and/or prepared meal services that are incorporated into Vendor(s)’s proposed program will be operated according to a schedule mutually agreed upon between the College and the selected Vendor(s).

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II. LOCATIONS/ENROLLMENT AND STAFFING INFORMATION

Desired type of services for each of the College’s locations are set forth below. Physical addresses and building maps for each location are included under Appendix E . On-campus enrollment data for each location is provided under Appendix A .

A. Allegheny Campus

1. Student Service Center (dining or prepared meals; enhanced vending; vending)

2. Jones Hall (enhanced vending; vending)

3. Milton Hall (enhanced vending; vending)

4. West Hall (vending)

5. KLI Science Center (vending)

6. Byers Hall (vending)

7. Physical Education Building (vending)

8. Chalfant Hall (under construction – vending service expected to commence Spring 2023)

9. Workforce Development Center (under construction – vending/enhanced vending expected to commence Fall 2023)

B. Boyce Campus (prepared meals; enhanced vending; vending)

C. South Campus (prepared meals; enhanced vending; vending)

D. North Campus (prepared meals; enhanced vending; vending)

E. West Hills Center (prepared meals; enhanced vending; vending)

F. Homewood-Brushton Center (enhanced vending; vending)

G. Braddock Hills Center (vending)

H. Office of College Services (enhanced vending; vending)

III. COLLEGE-PROVIDED FACILITIES AND EQUIPMENT A. The College will provide Vendor with general access to the buildings and locations to be serviced, and maintenance and repair of building and related systems necessary to support Vendor’s operations, including building standard utilities; provided, however, that the College makes no guarantees or warranties of continuous, uninterrupted availability of such utilities, and disclaims any liability for any loss that may result from an interruption in utility services. B. College will provide general physical security of persons and property in the same manner provided for other College buildings and premises; provided, however, that College does not assume any responsibility for, and expressly disclaims any liability associated with, the adequacy or sufficiency of such security operations or the acts or omissions of the College’s security personnel. Vendor will be solely responsible for any additional security it deems necessary to secure its property, equipment, cash, data, books and records. C. The College will provide pest control services on the regular College schedule. D. Parking for Vendor’s employees, if needed. E. Local telephone service and campus/interdepartmental dialing capability (long-distance and other telephone toll services will be at Vendor’s sole cost and expense).

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F. Reasonable access to College’s telecommunications rooms and network systems as may be required to install, at Vendor’s sole expense, T1 lines and associated connectivity for Vendor’s internet and mobile applications and point-of-sale systems. G. Vendor will have the option to utilize the foodservice/commercial kitchen equipment and dining tables, chairs and other furnishings that are owned by the College and currently located at the Allegheny Campus (SSC Building), Boyce Campus, South Campus, North Campus and West Hills Center locations. Vendor will be responsible for any new, additional or different equipment that it will require to provide the Services described in its proposal. The College reserves the right to determine the location, quantity, design and appearance of all equipment, furniture and fixtures that Vendor proposes to utilize in connection with its performance of the Services. H. The College will provide reasonable space for storage of dry products, supplies and stock. Vendor will be responsible for procurement, installation and maintenance of any refrigeration units or other equipment necessary to support its proposed program. Vendor will be responsible for locking/securing all storage areas and refrigeration units. I. CCAC housekeeping staff will perform all necessary cleaning in designated dining areas if such areas are incorporated into Vendor’s proposed program . Deep cleaning of the tables, chairs, booths and other areas in designated dining areas will be performed by the College in accordance with its established COVID-19 protocols. Any additional cleaning requested or desired by Vendor will be at Vendor’s cost and expense, subject to prior approval of the College.

IV. VENDOR RESPONSIBILITIES

Vendor will provide all Services at its own cost and expense. Operational costs to be borne by Vendor include without limitation the following:

A. Food and beverage products and supplies; B. Taxes, insurance, and labor costs, including wages, benefits, Social Security tax, Workers’ Compensation and unemployment insurance; C. Linens, towels, and laundry services D. Disposable supplies, including paper plates, cups and utensils; E. Cleaning and sanitation supplies; F. Uniforms for Vendor ’s employees; G. Routine sanitation and cleaning of equipment necessary to provide the Services; H. Long distance telephone expenses and office supplies; I. Garbage and trash removal from food preparation areas to College-provided receptacles; J. Delivery, transportation, warehousing and vehicle costs; K. Costs of any actions necessary to maintain compliance with health and sanitation standards; L. Procurement, installation, service and maintenance of all necessary technologies, software, equipment, including without Point of Sale systems; computers, printers and related support services; and data and internet connectivity as may be necessary to perform the Services; and M. Routine hookup of equipment owned or supplied by the Vendor; provided, however, that where permanent hookups will involve electrical, gas, HVAC, exhaust, waste, or water systems, any such installation work must be approved in advance by the College.

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APPENDIX A

APPENDIX B

SUBMITTAL FORM # 3.0 - CONTRACTOR QUESTIONNAIRE

All responses must be typewritten or printed. If an explanation is requested or additional space is required, please use include an additional page and sign each additional page. The signatory represents and warrants the accuracy of all information and responses provided on this form. Failure to submit a completed Submittal Form may cause the proposal to be deemed non- responsive and disqualified from further review. If a change occurs which would necessitate a modification of any response, the proposer should submit an updated form to the CCAC Procurement Department within thirty (30) calendar days.

GENERAL INFORMATION

1.

Legal Name of Organization:

2.

Principal Office/Business Address: Street Address:

City/State:

Zip Code:

3.

Business Phone Number:

4.

Fax Number:

5.

Website Address:

6.

Location of Branch Offices:

7.

Years in Business:

8.

Number of Employees:

9.

Federal Employer Tax ID No.:

ORGANIZATION STRUCTURE

1.

Type of Business Entity (check one):

 Other ( please attach document describing ownership structure )

 Corporation

 Partnership

2.

Corporation Information (if applicable):

Date of Incorporation:

State of Incorporation:

President:

Vice-President(s):

Secretary:

Treasurer:

3.

Partnership Information (if applicable):

Date of Organization:

Type (limited; general):

Name/Addresses of Partners:

4. Is your organization otherwise licensed and authorized to conduct business in Pennsylvania?

Yes

 No

 Not Applicable

Yes

No

5. Are you a certified M/W/DBE?

If “YES”, list certification number and classification:

6. Indicate whether you anticipate subcontracting any portion of these services, and the names and addresses of any proposed subcontractors:

7. List any and all other legal and DBA names under which your firm has operated during the past ten (10) years, including dates when used and the reasons for the subsequent change in name(s):

8. State whether any firm owner, partner or officer has operated a similar business in the past ten (10) years. Include the names and addresses of each such business:

QUALIFICATIONS

1. List a minimum of three (3) contracts for the operation of vending or foodservice operations that your organization has performed in the last five years, at least one (1) of which you are currently performing:

CONTACT NAME,PHONE NUMBER & EMAIL ADDRESS

NAME

ADDRESS

DATES

GROSS ANNUAL SALES

2. Has a customer terminated a contract with your firm prior to completion of the contract period at any point in the past ten (10) years? If so, please describe the circumstances:

3. Please provide the name, address and telephone of agent that will be handling your insurance for this project:

4. Has your firm been denied bonding in the past ten (10) years? If “YES” use Attachment A to explain specific circumstances, including bonding company name.

YES

NO

5. In the past ten (10) years, has a bonding company made any payments to satisfy claims made against a bond issued on your firm’s behalf? If “YES” use Attachment A to explain the specific circumstances.

YES

NO

6. Is your firm in preparation for, in the process of, or in negotiations toward being sold or acquired, in whole or in part, by another person, firm or entity? If “YES” use Attachment A to explain the circumstances, includi ng the name of the buyer and principal contact information:

YES

NO

7. In the past ten (10) years, has your firm or any firm owner, partner, or officer been found to have violated or been penalized for any Federal, State, or local law in performance of a contract, including, but not limited to, laws regarding health and safety, labor and employment, wage and hours, and/or Departments of Health? If “YES” use Attachment A to explain specific circumstances surrounding each instance; include name of entity involved, specific infraction(s) or violation(s), dates of instances, and outcome with current status.

YES

NO

8. In the past ten (10) years, has your firm been debarred or determined to be non-responsible by a government agency? If “YES” use Attachment A to explain the specific circumstances, including the name of the entity involved, the specific infraction, dates and outcome.

YES

NO

9. If you are being considered for an award under this RFP, you may be asked to submit a statement of financial conditions including your latest regular dated financial statement, or balance sheet, which must contain current assets and liabilities. Are you willing to submit this information?

YES

NO

CONTACT INFORMATION FOR RFP RESPONSE

Please provide the requested information for the individual(s) responsible for preparing your organization’s response to this RFP and/or to whom requests for additional information or clarification should be directed:

Name:

Title:

Address:

City/State/Zip:

Phone Number:

Fax Number:

Email:

ACKNOWLEDGMENT AND SIGNATURE

The undersigned, having carefully examined all sections and attachments to this Request for Proposal (RFP), does hereby offer to furnish all labor, materials, equipment, supplies, insurance and bonds specified, and all services necessary to fulfill the requirements set forth in the RFP. The undersigned further represents and warrants by its signature below that it has fully reviewed and understands all elements of the RFP, that all information submitted by it or included with its proposal, including all responses on this Submittal Form, is truthful and accurate, and that it agrees to be bound by all terms and conditions set forth in the RFP and its attachments. STATEMENT OF NON-COLLUSION The undersigned also certifies that this proposal is made without previous understanding, agreement or connection with any person, firm, or corporation making a proposal on this same service and is in all respects, fair and without collusion or fraud.

Company Name:

Signature of Representative: Printed Name of Representative:

Title:

Date:

(must be signed by a duly authorized officer or agent of the responding company)

APPENDIX C

COMMUNITY COLLEGE OF ALLEGHENY COUNTY 800 ALLEGHENY AVENUE, PITTSBURGH PA 15233

Bond Number

P E R F O R M A N C E B O N D

Know all men by these Presents that we

“TO BE COMPLETED ONLY BY AWARDEE”

(hereinafter called “Principal”) as Principal, and

authorized to do business in the Commonwealth of Pennsylvania (hereinafter called “Surety”) as Surety, are held and

firmly bound unto the Community College of Allegheny County, through its Board of Trustees,

in the sum of

to be paid to the said College aforesaid, its certain attorney, or assigns. To which payment will and truly be made, said principal and said surety to bind themselves their respective successors or assigns jointly and severally, firmly by these presents. WITNESS our hands and seals, the day of 20 .

WHEREAS the above bounded

has filed with the Community College of Allegheny County, proposals

for the

The Condition of the above Obligation is such that if the said

shall perform

In accordance with the agreement between

and the Community College of Allegheny County of even date herewith and the specifications and proposals attached to and made part of the agreement, and shall indemnify and save harmless the said Community College of Allegheny County from all liens, charges, demands, loss and damages of every kind and nature, whatsoever. Then this obligation to be void, otherwise to be and remain in full force and virtue.

Attest:

(SEAL)

CONTRACTOR

(SEAL)

SECRETARY

PRESIDENT

Signed, Sealed and delivered in presence of

(SEAL)

SURETY COMPANY

(SEAL)

ADDRESS

TITLE

APPENDIX D

INSURANCE / INDEMNIFICATION REQUIREMENTS

Indemnification. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold harmless the Community College of Allegheny County (CCAC), its agents, officers, employees, and volunteers from and against all claims, damages, losses, and expenses (including but not limited to attorney fees and court costs) arising from the acts, errors, mistakes, omissions, work or service of Vendor, its agents, employees, or any tier of its subcontractors in the performance of this Contract. The amount and type of insurance coverage requirements of this Contract will in no way be construed as limiting the scope of indemnification in this Paragraph. Insurance . Vendor shall maintain insurance coverage in the form and amounts set forth below, all through policies issued by companies licensed in Pennsylvania with a current A.M. Best rating of A- or better. Vendor shall furnish the CCAC Procurement Department with Certificates of Insurance evidencing the required insurance prior to commencing the performance of Services under the Contract. All insurance policies, with the exception of Workers’ Compensation, shall be endorsed to name Community College of Allegheny County, its agents, officers, employees, and volunteers as Additional Insureds, and provide for 30-day notice of cancellation. Renewal Certificates must be provided for any policies that expire during the term of the Contract. All certificates must specify whether coverage is written on an occurrence or a claims made policy form. Liability insurance shall be primary with respect to any insurance or self-insurance programs covering or available to College or its agents, officers, employees, and volunteers, and shall be endorsed with a waiver of subrogation clause to the extent the claim is or should have been covered by insurance maintained by CCAC. 1) Commercial General Liability insurance with a limit of not less than $3,000,000 per occurrence for bodily injury, property damage, personal injury, products liability and completed operations, and blanket contractual coverage, including but not limited to the liability assumed under the indemnification provisions of this Contract.

2) Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor’s owned, hired, and non-owned vehicles.

3) Workers’ Compensation insurance with limits statutorily required by any Federal or State law and Employer’s Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit.

4) Employee Dishonesty or Fidelity Bonding Insurance in minimum amounts of $10,000 on each individual handling cash and $100,000 on each loss.

5) Umbrella / Excess Liability insurance of no less than $3,000,000 each occurrence to respond as excess over the above Commercial General Liability, Auto Liability and Employ er’s Liability coverages.

6) Crime Insurance - Provide a limit of $1,000,000 per loss including Customer's Property Coverage in favor of CCAC and its Subsidiaries. In addition, CCAC shall be named as a Loss Payee for any claims involving CCAC Property. 7) Cyber Coverage - Provide Network Security, Privacy and Technology Errors & Omissions Coverage at a limit of $2,000,000 including CCAC and its Subsidiaries as Additional Insureds as respects the services provided by Vendor [however, no Insured v. Insured Exclusion shall apply to claims by CCAC against Vendor). I f the coverage is written on a claims-made basis, coverage shall be continued for a 2 year period beyond the termination of the contract covering the work performed under the Contract or a 2-Year Tail Policy shall be purchased at the time the Contract ceases.

APPENDIX E

COMMUNITY COLLEGE OF ALLEGHENY COUNTY Campuses / Centers and Office Locations

Office of College Services 800 Allegheny Avenue Pittsburgh PA 15233

Allegheny Campus 808 Ridge Avenue Pittsburgh PA 15212

Homewood-Brushton Center 701 N. Homewood Avenue Pittsburgh PA 15208

Boyce Campus 595 Beatty Rd. Monroeville PA 15146

North Campus 8701 Perry Highway Pittsburgh PA 15237

West Hills Center 100 McKee Rd Oakdale PA 15071

South Campus 1750 Clairton Rd. West Mifflin PA 15122

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