REQUEST FOR PROPOSAL (RFP) FOR
Rental & Laundering of Towels & Linens
RFP2015-05
RFP Response Due Date and Time:
Thursday, May 14, 2015
Number of Pages
(Including Cover): 16
Issue Date: Mon., April 20, 2015
ISSUING AGENCY INFORMATION
Akwesasne Mohawk Casino Resort
Mohawk Gaming Enterprises
873 State Route 37, Hogansburg, NY 13655
Single Point of Contact (SPOC): Julie White: (518) 358-2222 ext. 2497, [email protected]
INSTRUCTIONS TO CONTRACTORS
Mail Sealed Proposal to:
If hand-delivering Sealed Proposal, return to:
Julie White
Akwesasne Mohawk Casino Resort
873 State Route 37
Hogansburg, NY 13655
Julie White
891 State Route 37
Casino Administration Bldg - Speedway Plaza
Hogansburg, NY 13655
Mark Face of Envelope/Package with: RFP2015-05
Mark Face of Envelope/Package with: RFP2015-05
CONTRACTORS MUST COMPLETE THE FOLLOWING AND RETURN WITH BID PROPOSAL
Contractor Name/Address:
(Name/Title)
Email Address:
Phone Number:
Fax Number:
(Signature)
My signature certifies that the, bid as submitted,
complies with all Terms and Conditions as set forth in
RFP2015-05. My signature also certifies that the
accompanying bid is not the result of, or affected by, any
unlawful act of collusion with another person or
company engaged in the same line of business or
commerce.
**CONTRACTORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSES**
Table of Contents
I RFP Instructions .................................................................................................................................... 2-4
II RFP Timeline……………………………………………………………………………………………………………………………4
III Introduction and Background............................................................................................................... 5
IV Purpose & Key Objectives..................................................................................................................... 5
V Scope of Work and Services ............................................................................................................... 7-8
VI Proposal Format ..................................................................................................................................... 9
VII Pricing and Invoicing .......................................................................................................................... 10
VIII Evaluation Criteria ............................................................................................................................. 11
IX Standard Contract Terms and Conditions…………………………………………………………………………12-15
Appendix A – Bid Proposal Form…………………………………………………………………………………..16
Appendix B – Reference List……………………………………………………………………………………..….17
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I INSTRUCTIONS
1. Proposals shall be prepared as simply as possible and provide a straightforward, concise
description of the Contractor’s capabilities to satisfy the requirements of the RFP.
Expensive bindings, color displays, promotional materials, etc. are not necessary. Emphasis
shall be concentrated on accuracy, completeness, and clarity of content.
2. Sealed Proposals must be delivered to the Akwesasne Mohawk Casino Resort Purchasing
department, prior to the closing of 3:00 p.m. on Thursday, May 14, 2015. Please indicate
the Reference Number (RFP2015-05) on your document and envelope. Please submit one
(1) original and two (2) copies of your proposal. Late proposals received after the closing
date and time will be disqualified from competition and returned to the respondent
unopened.
Proposal will not be accepted by fax or email.
3. Inquiries regarding the Specifications are to be directed to Julie White
Phone: 518-358-3510 ext. 2497 or by email at [email protected]. AMCR will
make good faith effort to provide written response to each question or request for
clarification that requires addenda within two (2) business days. AMCR will not respond to
any questions or requests for clarification that require addenda if received after Thu. May 7,
2015.
4. Please submit the following documents with your proposal: Completed & Signed
RFP2015-05 Cover Letter, Appendix A, Appendix B, and Appendix C.
5. Late proposals received after the closing date and time will be deemed late and will not be
considered by AMCR.
6. All submissions are subject to evaluation after opening and before award of contract.
Submissions may be evaluated not only on the submitted price, but also on quality and
quantity of product provided and the capacity of the respondent to meet the requirements
of the procurement in accordance with the criteria stated in the RFP document. All buying
activity will attempt to seek out best value, which maximizes the effectiveness and
profitability to Mohawk Gaming Enterprises, LLC, herein referred as AMCR.
7. AMCR is not obligated to award the lowest proposal and reserves the right to readdress the
requirement should there be reasonable doubt that prices received are not competitive.
This RFP implies no obligation on AMCR to accept this response or any response submitted.
8. AMCR reserves the right to award this contract to a single overall bidder for all services
further defined in Scope of Work Section of this RFP, or to multiple vendors (by service)
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whichever shall be considered by the casino to be most advantageous or to constitute its
best interest.
9. Respondents wishing to amend an already submitted proposal must submit the amendment
to 891 State Route 37, Akwesasne, NY 13665 in writing before the designated closing
date/time provided they are properly identified by company name, RFP number and due
date and are received prior to the closing date and time.
10. Proponents are solely responsible for their own expenses in preparing, presenting or
delivering a proposal.
11. Proponent responses must be signed by an authorized officer of the Contractor.
12. While AMCR has made considerable efforts to ensure an accurate representation of
information in this RFP, the information contained in this RFP is supplied solely as a
guideline for proponents. The information is not guaranteed or warranted to be absolutely
accurate by Mohawk Gaming Enterprises, LLC, nor is it necessarily comprehensive or
exhaustive. Nothing in this RFP is intended to relieve proponents from forming their own
opinions and conclusions with respect to the matters addressed in this RFP.
13. This document or any portion thereof may not be used for any purpose other than the
submission of proposals.
14. Information pertaining to this RFP or any material obtained by the proponent as a result of
participation in this project is confidential and must not be disclosed without written
authorization from AMCR.
15. The successful vendor will be required to sign a service agreement upon award. Prior to
issuance of a purchase order, and prior to the first service, vendor must submit a current
Certificate of Insurance naming AMCR as additional insured of which shall remain in effect
for the duration of the agreement.
16. Not all vendors may be able to submit bids for all categories listed. Please submit a bid for
those that apply to your business
17. The pricing, terms and conditions stated in the vendor’s bid must remain valid and
irrevocable for a period not less than thirty (30) days after the bid due date herein set forth.
18. Commercially accepted practices shall apply to any detail not covered in this specification
and to any omission of this specification Any omission or question of interpretation of the
specification that affects the perfomance or integrity of the serivice being offered shall be
addressed in writing and submitted with the Proposal.
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19. Warranty – Goods: The Bidder will warrant that all articles, materials, and Services
performed shall be consistent with manufacturer’s specifications and will be free from
defects. Without limitation of any rights which the Owner may have by reason of any
breach of warranty, goods which are no as warranted may be returned at Contractor’s
expense within thirty (30) days after delivery, for either credit or replacement, as the Owner
may direct without without additional charge to the Owner.
25. Estimated quantities: The Owner does not guarantee that the quantities estimated will be
accurate for the upcoming contract period. The Owner reserves the right to order decreased or
increased amounts from those specified. However, the estimates are as accurate as we are
able to determine. Actual quantities, whether lesser or greater than estimated, will not affect
the prices as proposed and accepted for the term of the agreement(s).
II RFP Timeline
Issuance of RFP
4/20/2015
Closing date for Questions/Clarifications
5/07/2015
Closing Date for RFP
5/14/2015 (3:00 p.m.)
Awarding of Bid Proposal
5/18/2015
The dates above are subject to change at the sole discretion of AMCR.
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III
INTRODUCTION AND BACKGROUND
The Akwesasne Mohawk Casino Resort is located in Upstate New York situated along the St.
Lawrence River and bordering Canada in two provinces both Ontario and Quebec. The
Akwesasne Mohawk Casino Resort opened its doors in April of 1999 by the St Regis Mohawk
Tribe and is the number one entertainment venue in the surrounding area. The casino
currently has 1,800 Class III, Vegas style slot machines, 30 table games, high limit room, and all
you can eat Buffet featuring prime rib and seafood, Stick’s Sports Bar that can service up to 160
guests, Rapids Food Court which offers fast and convenient options at three stations; the grill,
bakery or pizzeria, and lastly Reflections Gift Shop which sells logoed items, jewelry and more.
The Akwesasne Mohawk Casino Resort welcomes over 1 million visitors annually both National
and International with a good portion of our customer base from Canada. The casino has
recently expanded to include 20,000 square feet of additional gaming space, a 150 room hotel
with banquets facilities, pool and spa, as well as our sister property Mohawk Bingo Palace with
550 seat capacity and Class II machines.
IV PURPOSE & KEY OBJECTIVES
Request for Proposal 2015-05 (Linen Rental Services) for Mohawk Gaming Enterprises, LLC, for
a twelve (12) month service agreement and will auto-renew for up to two (2) additional twelve
(12) month terms unless thirty (30) days’ notice is provided by either party.
AMCR is seeking proposals from qualified and interested Contractors to provide labor,
equipment, and supplies necessary to provide commercial laundry services. The Contract(s)
resulting from this RFP shall provide bar towel, wet mop, and linen rental, laundering, and
delivery service provided to AMCR by a qualified Contractor per the terms, conditions, and
specifications described herein. All towel services shall include towels, linens, and mops as
specified.
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V SCOPE OF WORK AND SERVICES
●BACK OF HOUSE LINEN SERVICES, commencing May 25, 2015
▪ Rental and delivery of cleaned, finished, and/or repaired wet mops and bar towels. To be
delivered weekly, maintaining an average par level based on estimated usage:
Type
Wet Mop
Terry Cloth Bar Towel
Size
24oz.
16” x 19”
Quantity
170
2,550
●WHITE TABLE LINEN SERVICES, commencing May 25, 2015
Maple Room Steak House linens to be laundered and replenished weekly, maintaining the
average par level based on estimated usage:
Type
Cloth Napkin
Table Cloth
Table Cloth
Table Cloth
Table Cloth
Color/Size
Sandalwood
White 52”
White 52”x69”
White 52”x114”
White 70” Round
Quantity
300
32
50
6
2
Stick’s Sports Bar Linen to be laundered and replenished weekly, maintaining the average
quantity on hand.
Type
Cloth Napkin
Color/Size
Rust
Quantity
1,600
The Contractor shall organize each undertaking into the most cost-effective solution that
addresses the task at hand providing for cost estimates and alternate solutions when
requested.
Currently, F&B has one central distribution station of the towels and bar mops. Each food
venue pulls inventory from this centralized location which is overseen by an on-site
Administrator in order to keep track of the inventory levels. The table linens are stored at
the individual venues.
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1. Specifications for Towels and Linens
a) Contractor shall clean and maintain all items returned in a manner acceptable to the
Owner. All items shall be delivered clean and free from all soil, foreign material, metal
shavings, and cleaning residue.
b) Wet Mops shall be bagged/boxed separately from Terry Cloth Bar Towels. Each item
may be bagged individually or together with like items. Include in proposal the cost of
each option if both are available.
c) All linens shall be stacked flat with the exception of table cloths, which must be folded in
a manner as to minimize wrinkles and creases.
d) Contractor shall continuously monitor items needed for repair or replacement. Upon
request of the Owner, Contractor shall clean, repair, or replace at no additional charge
any items provided under the Contract which the Owner deems unacceptable.
e) A separate delivery receipt shall be left with each department every time a delivery is
made. The delivery receipt shall list the following information.
▪ Description of each item
▪ Total inventory of each item
▪ Number of each item picked up
▪ Number of each item delivered
f) It is the responsibility of the Contractor to follow up on reported problems by the next
delivery date and on a weekly basis until the problems are resolved.
g) The Contractor shall provide a quarterly report of inventory and usage for each
Department to the Senior Buyer administering this Contract, Julie White at
[email protected].
2. Inventory Replacement and Reporting Requirements for Towels and Linens
The Contractor shall not automatically add or replace new pieces to any towel or linen
inventory. On an as needed basis ( but at a minimum quarterly basis) the route driver shall
physically count every inventoried item with the site-based administrator. The Contractor shall
prepare a written report for each department stating the exact inventory count for each item.
This report shall be provided to the Owner no later than ten (10) days after the quarterly
counts. After each quarterly report is received and reviewed, the site-based administrator will
make the decision as to the replacement of lost items.
a) Loss/Replacement: The Owner agrees to reimburse the Contractor for any item that is
lost, damaged, destroyed, or willfully abused while in our possession.
b) In the event the Owner must reimburse the Contractor for repairs or replacements due
to loss or willful abuse, said reimbursement shall be based on the actual cost of such
repairs, or the depreciated value of the item, whichever is the lesser amount.
c) Quantity Changes: Contractor agrees to furnish either more or less than the stated
quantities at the unit prices quoted in accordance with availability of funds and actual
needs as they occur throughout the Contract period.
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3. Delivery Schedule
a) Deliveries shall be scheduled to arrive the day(s) of the week as agreed to between the
Contract and the Food & Beverage Department.
b) Each facility may designate an employee to inspect items and verify counts of each
pickup and delivery. An itemized slip shall accompany each delivery. Any shortages
shall be delivered within twenty-four (24) hours.
4. Quality Control
a) If any item is deemed unsatisfactory, AMCR will advise the Contractor by attaching a
short statement of explanation to the item. The Contractor shall immediately furnish an
acceptable replacement. In the event of a dispute, the decision of Purchasing shall be
final and binding.
b) Contractor is required to provide a mechanism for the regular inspection and
replacement of linens and industrial items due to wear, tear, and staining, etc. Ideally,
this should occur while the items are in the possession of the Contractor for cleaning.
Laundering is to include washing, drying, and folding as required in a quality laundry
service. All laundry is to be processed to produce first quality work with a minimum of
wear and tear on the fabric. Laundry is to be handled carefully and expeditiously to
avoid and remove stain and mildew. Items received with grease or oil stains are not
acceptable and shall be returned at the expense of the Contractor.
c) Route bags, rolling towel cabinets, bag stand, mop handles, and any other items that
may be necessary for performance of the Contract shall be provided at no charge to
AMCR.
5. Quantities in Stock
a) The Contractor shall maintain sufficient stock to provide exchanges as specified.
Additional linens shall be made available at bid prices.
6. Contract Performance Issues and Termination
a) Whenever, in the opinion of the user Department, the service is not satisfactory, the
Contractor and Purchasing Department shall be advised in writing of the concern. The
Contractor will have twenty (20) business days to correct the performance deficiency(s).
b) Notwithstanding any provision to the contrary herein, Owner shall have no obligation to
give more than three (3) written notices of unsatisfactory performance in any calendar
year. In the event three such notices of unsatisfactory performance are given in any
calendar year, and in the event that Contractor shall again fail to satisfactorily perform
services pursuant to this Contract, the Owner may thereupon terminate the Contract
(see Standard Terms and Conditions, attachment X).
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VI PROPOSAL FORMAT
Proposals should demonstrate that the Contractor has the professional capability and
availability to satisfactorily and timely complete all the tasks as described in the Scope of
Work section of this RFP. Sealed proposals must be formatted in the same order, providing
the information listed below in order to be considered.
1. Signature page – (RFP Cover Page) must be completed in its entirety and signed in ink by an
authorized officer.
2. Bid Proposal Form – (Appendix A)
3. References – Provide at least three (3) references who can attest to key staff’s experience in
performing work substantially similar to the services covered by this RFP. References
should include contact information and the name of the project(s) done by the Contractor
for that client. Letters of endorsement may be included as an appendix – (Appendix B)
4. Corporate profile/Qualification – Contractors are to submit a company profile and a
summary of the Contractor’s qualifications. The company profile should include: a brief
history of the Contractor, office locations, services offered, areas of expertise, and staffing
expertise including a list of key personnel who would be assigned to this contract, their
availability, and the location of the office out of which they do most of their work. Also
please include an inventory management plan with the following criteria:
-Describe how you handle your annual physical inventory.
-Provide details on how your daily or week to week inventory is managed.
-Provide details on how your inventory is charged (per piece, percentage basis, etc.)
-Explain if/when/how you bill for actual loss. Include details on how loss is determined.
-Explain process utilized when receiving poor performance complaints from the customer
and what steps are taken to correct the issues.
5. Sample Invoice and Delivery Slip
6. Please include in Proposal what system controls are in place to ensure contract pricing is
maintained and accurately invoiced throughout the contracted term.
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VII PRICING AND INVOICING
1. All references within this price proposal are to be a fixed price and shall remain Contractor
for the duration of any resulting agreement. All proposals must be submitted using AMCR’s
proposal submission form (Appendix A).
2. All persons doing business with Customer are hereby made aware that Mohawk Gaming
Enterprises, LLC, is exempt from paying state sales and federal excise taxes. Our New York
State tax exemption number is #EX-152433.
3. The rental Contractor shall provide a consolidated, computerized invoice for each scheduled
service. Each invoice shall include the cost as well as the type of service performed with
reference to the specific service(s).
4. No price escalation will be allowed during the initial term of the contract. If it is mutually
decided to renew beyond the initial period and the Contractor requests a price increase, the
Contractor shall provide sufficient written certification and documentation to substantiate the
request. Documentation shall include, but not be limited to: actual materials invoices, copies of
commercial price listes, provision of appropriate indices, etc. which reflect said increases. The
Owner reserves the right to accept or reject price increases, to negotiate more favorable terms
or to terminate without cost, the future performance of the contract.
5. Surcharges (i.e. fuel surcharges, restocking, environmental charges, prep charges, etc.) shall
NOT be allowed to be added to invoices as an additional line item and no invoice minimums will
be allowed.
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VIII EVALUATION CRITERIA
In order to facilitate the analysis of responses to the RFP, Contractors are required to
prepare their proposals in accordance with the instructions outlined in this section.
Contractors whose proposals deviate from these instructions may be considered nonresponsive and may be disqualified at the discretion of AMCR.
The following are the evaluation factors and maximum points possible for technical point
scores:
1. Corporate Profile/Qualifications (30 points possible) – points will be awarded based
on thoroughness and clarity of information, innovativeness of ideas, and overall
“presentation” of bid package.
2. References (30 points possible) – points will be awarded based on response of at
least three (3) references regarding satisfaction with previous work providing
similar products and services and speed at which changes were accommodated.
Significant points will be deducted for references the committee is unable to contact,
or whom provide negative commentary (Appendix A).
3. Cost (40 points possible) – The lowest rental rate per project will receive 40 points,
with deduction increments based on the total number of bids received as outlined
below.
Lowest proposed cost
Average cost of proposals being evaluated
x 40 = Score
Total 100 Points Possible
Minimum Acceptable Score:
Contractors must score a minimum of 70% of the total technical points possible. The
minimum qualifying score would be 70% of 60 points (42 technical points) or greater to be
eligible for further consideration and to continue in the evaluation process. All Contractors
not attaining minimum acceptable score shall be disqualified and removed from further
consideration.
Sealed proposals will be evaluated by a committee of three (3) or more individuals in
accordance with the criteria stated. After the evaluation of all qualified Proposals received,
Owner reserves the right to enter into negotiations with the Contractor(s) that the Owner
considers the best qualified to meet the requirements. The selection of the successful
Contractor will be made by a consensus of the evaluation committee with the approval of
the General Manager.
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IV STANDARD CONTRACT TERMS AND CONDITIONS
1.
Term of Contract
The term of the Contract shall commence on the Effective Date (as
defined below) and shall end on the Expiration Date identified in the
Contract, subject to the other provisions of the Contract.
The Effective date shall be: a) the date the Contract has been fully
executed by the Contractor and by the Akwesasne Mohawk Casino
herein referred to as AMCR and all approvals required by AMCR
contracting procedures have been obtained or b) the date referenced
in the Special Contract Terms and Conditions whichever is later. The
Contract shall not be a legally binding contract until after the fullyexecuted Contract has been sent to the Contractor.
2.
3.
The Contractor shall not start performance until all of the following
have occurred: a) the Effective Date has arrived; b) the Contractor has
received a copy of the fully-executed Contract; and c) the Contractor
has received a purchase order from the AMCR Purchasing
Department. The AMCR shall not be liable to pay the Contractor for
any supply furnished or work performed or an expense incurred
before the Effective Date or before the Contractor receives a copy of
the fully-executed Contract or before the Contractor has received a
purchase order. Except as otherwise provided in Paragraph 3 no
AMCR employee has the authority to verbally direct the
commencement of any work or delivery of any supply under this
Contract prior to the Effective Date.
Estimated Quantities
It shall be understood and agreed that any quantities listed in the
Contract are estimated only and may be increased or decreased in
accordance with the actual requirements of the AMCR and that the
AMCR is accepting any bid or portion thereof, contracts only and
agrees to purchase only in such quantities as represent the actual
requirements of the AMCR. The AMCR reserves the right to purchase
items covered under the Contract through a separate procurement
procedure, whenever the Purchasing Department deems it to be in
the best interest of the AMCR.
Purchase Orders
The AMCR Purchasing Department may issue purchase orders against
the Contract. These orders constitute the Contractor’s authority to
make delivery. All purchase orders received by the Contractor up to
and including the expiration date of the Contract are acceptable and
must be performed in accordance with the Contract. Contractors are
not permitted to accept purchase orders which require performance
extended beyond those performance time periods specified in the
Contract but in no event longer than ninety (90) days after the
expiration date of the Contract period. Each purchase order will be
deemed to incorporate the terms and conditions set forth in the
Contract.
Purchase orders may or may not include an “ink” signature by the
AMCR. The electronically-printed name of the purchaser represents
the signature of that individual who has the authority, on behalf of the
AMCR, to authorize the Contractor to proceed.
Purchase orders may be issued electronically or through facsimile
equipment. The electronic transmission of a purchase order shall
require acknowledgement of receipt of the transmission by the
Contractor.
Receipt of the electronic or facsimile transmission of the purchase
order shall constitute receipt of an order. Orders received by the
Contractor after 3:00 p.m. will be considered received the following
business day.
The AMCR and the Contractor specifically agree as follows:
Upon receipt of an order, the Contractor shall promptly and properly
transmit an acknowledgement in return. Any order which is issued
electronically shall not give rise to any obligation to deliver on the
part of the Contractor, or any obligation to receive and pay for
4.
5.
6.
delivered products on the part of the AMCR, unless and until the
Purchasing Department transmitting the order has properly received
an acknowledgement.
Independent Contractor
In performing the obligations required by the Contract, the
Contractor will act as an independent contractor and not as an
employee or agent of the AMCR.
Compliance with Law
The Contractor shall comply with all applicable federal, NY State,
Tribal laws, regulations and local ordinances in the performance of
the Contract.
Gaming Procedures
Gaming Related Vendors are required to submit the appropriate GSR
application to the tribal gaming commission. Once application is
approved by the commission AMCR is notified by the gaming
commission that the vendor is approved and can be utilized in
procuring gaming related products.
Non-Gaming Vendors may be required to submit a GSR application if
total annual purchases exceed $50,000 but only when deemed
necessary by the tribal gaming commission.
Licensor (or Contractor) shall adhere to Tribal internal control
standards (TICS) of the St. Regis Mohawk Tribal Gaming
Commission that are applicable to the goods and services the
Licensor ( or Contractor) is providing.
7. Covenants Against Kickbacks: AMCR will not tolerate Kickbacks in
any form.

AMCR defines a “Kickback” as any cash, fee, commission, gift,
an item of value or compensation of any kind in exchange for
favorable treatment in obtaining or retaining any purchase
order or securing a contract with AMCR.

Vendor agrees that its officers or employees have not and will
not provide or attempt to provide, either directly or indirectly,
any Kickback to any employees of the SRMT, its enterprises,
agents, government or any member of the Tribe in an attempt
to influence a decision.

Failure to abide by this specific section shall be sufficient
reason for the immediate termination, without further notice,
of this and any other purchase order or contract the Vendor
currently has with AMCR.
8. Environmental Provisions
In the performance of the Contract, the Contractor shall minimize
pollution and shall strictly comply with all applicable environmental
laws and regulations.
9. Hazardous Materials
All vendors that supply hazardous materials must provide the
appropriate Material Safety Data Sheets before or at the time of
delivery. The vendor must comply with all NY State, federal, tribal
and local laws and regulations pertaining to the packaging, handling
and transportation of hazardous materials.
10. Compensation/Invoices
The Contractor shall be required to furnish the awarded item(s) at
the price(s) quoted in the Contract. All item(s) shall be delivered
within the time period(s) specified in the Contract. The Contractor
shall be compensated only for item(s) which are delivered and
accepted by the AMCR.
The Contractor shall send an invoice itemized by purchase order line
item to the address reference on the purchase order promptly after
the item(s) are delivered. The invoice should include only amounts
due under the purchase order. The purchase order number must be
included on all invoices.
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11. Payment Terms
Payment terms are Net no later than 30 days after receipt of correct
invoice or acceptance of goods, whichever is later. Payment should
not be construed by the Contractor as acceptance of the item(s)
furnished by the Contractor. The AMCR reserves the right to conduct
further inspection after payment, but within a reasonable time after
delivery, and reject the item(s) if such post payment inspection
discloses a defect or a failure to meet specifications.
12. Delivery
All item(s) shall be delivered F.O.B Destination. The Contractor agrees
to bear the risk of loss, injury, or destruction of the item(s) ordered
prior to receipt of the items by the AMCR. Such loss, injury, or
destruction shall not release the Contractor from any contractual
obligations. Except as otherwise provided in Paragraph 20 (Force
Majeure), all item(s) must be delivered within the time period
specified on the contract purchase order. Time is of the essence and,
in addition to any other remedies; the contract purchase order is
subject to termination for failure to deliver as specified. Unless
otherwise stated by the Contractor in its Bid or indicated in the Special
Contract Terms and Conditions, delivery must be made within thirty
(30) days after award of the Contract Purchase Order.
13. Hold Harmless Provision
The Contractor shall hold the AMCR harmless from and indemnify the
AMCR against any and all claims, demands and actions based upon or
arising out of any activities performed by the Contractor and its
employees and agents under this Contract and shall, at the request of
the AMCR, defend any and all actions brought against the AMCR
based upon any such claims or demands.
14. General Indemnity
The Contractor shall indemnify, defend, and hold harmless AMCR, its
directors, officers, employees, and agents from and against all
liabilities, damages, claims, or suits, including any and all costs and
expenses related thereto, including the defense thereof, reasonable
attorneys' fees and court costs arising out of or resulting from death,
bodily injury, or property damage resulting from the act or omission
of the Contractor, its directors, officers, employees and agents, and/or
in connection with the performance of this Agreement except to the
extent caused by the negligence or willful misconduct of AMCR. For
the purpose of this Article, the term "Contractor" is deemed to
include the Contractor and its affiliated companies, the
subcontractors, and suppliers of the goods and/or Services furnished
hereunder.
15. LIMIT OF LIABILITY Notwithstanding any other provision of this
Agreement, except for either party’s breach of Confidentiality, a
party’s liability to the other party pursuant to this Agreement (i) shall
be limited to proven direct damages in an aggregate amount not to
exceed the total amount payable under this Agreement during the
then-current term of this Agreement; and (ii) shall not include any
indirect, special, punitive or consequential damages of any type or
nature whatsoever or under any legal or equitable theory, including
but not limited to damages for lost profits or lost business or
business interruption (whether or not a party has been advised of,
or could have foreseen, such damages). This section shall continue to
apply following the termination of this Agreement.
16. Insurance Coverage
During the term of the contract, the contractor at its sole cost and
expense shall provide proof of commercial insurance of such type and
with such terms and limits as may be reasonably associated with the
contract. As a minimum, the contractor shall provide and maintain
the following coverage and limits and naming AMCR as additional
insured:
a. Worker’s Compensation - The Contractor shall provide and maintain
Worker’s Compensation Insurance, as required by the laws of New
York, as well as employer’s liability coverage with minimum limits of
$1,000,000.00, covering all of contractor’s employees who are
engaged in any work under the contract. If any work is sublet, the
contractor shall require the subcontractor to provide the same
coverage for any of his employees engaged in any work under the
contract.
b.
Commercial General Liability – General Liability Coverage on a
comprehensive broad form on an occurrence basis in the minimum
amounts of $1,000,000.00 combined single limit naming AMCR as
additional insured.
c.
Automobile – Automobile Liability Insurance, to include liability
coverage, covering all owned, hired and non-owned vehicles used in
connection with the contract. The minimum combined single limit
shall be $1, 000, 000.00 bodily injury and property damage;
$500,000.00 uninsured/under insured motorist.
Requirements – Providing and maintaining adequate insurance
coverage is a material obligation of the contractor and is of the
essence of this contract. All such insurance shall meet all laws of the
State of New York. Such insurance coverage shall be obtained from
companies that are authorized to provide such coverage and that are
authorized by the Commissioner of Insurance to do business in New
York. The Contractor shall at all times comply with the terms of such
insurance policies and all requirements of the insurer under any such
insurance policies, except as they may conflict with New York laws or
this contract. The limits of coverage under each insurance policy
maintained by the contractor shall not be interpreted as limiting the
contractor’s liability and obligations under the contract.
17. Audit Provisions
The AMCR shall have the right at reasonable times and at a site
designated by the AMCR, to audit the books, documents and records
of the Contractor to the extent that the books, documents and
records relate to costs or pricing data for the Contract. The
Contractor agrees to maintain records which will support the prices
charged and costs incurred for the Contract.
The Contractor shall preserve books, documents, and records that
relate to costs or pricing data for the Contract for a period of one (1)
year from date of final payment. The Contractor shall give full and
free access to all records to the AMCR and/or their authorized
representatives.
18. Inspection and Rejection
No item(s) received by the AMCR shall be deemed accepted until the
AMCR has had a reasonable opportunity to inspect the item(s). Any
item(s) which is discovered to be defective or fails to conform to the
specifications may be rejected upon initial inspection or at any later
time if the defects contained in the item(s) or the noncompliance with
the specifications were not reasonably ascertainable upon the initial
inspection. It shall thereupon become the duty of the Contractor to
remove rejected item(s) from the premises without expense to the
AMCR within fifteen (15) days after notification. Rejected item(s) left
longer than fifteen (15) days will be regarded as abandoned, and the
AMCR shall have the right to dispose of them as its own property and
shall retain that portion of the proceeds of any sale which represents
the AMCR’s costs and expenses in regard to the storage and sale of
the item(s). Upon notice of rejection, the Contractor shall
immediately replace all such rejected item(s) with others conforming
to the specifications and which are not defective. If the Contractor
fails neglects or refuses to do so, the AMCR shall then have the right
to procure a corresponding quantity of such item(s), and deduct from
any monies due or that may thereafter become due to the Contractor,
the difference between the price stated in the Contract and the actual
cost thereof to the AMCR.
19. Default
a. The AMCR may, subject to the provisions of Paragraph 20, Force
Majeure, and in addition to its other rights under the Contract,
declare the Contractor in default by written notice thereof to the
Contractor, and terminate (as provided in Paragraph 21,
Termination Provisions) the whole or any part of this Contract
including a purchase order, for any of the following reasons:
1) Failure to deliver the awarded item(s) within the time specified
in the Contract or contract purchase order or as otherwise
specified;
2) Improper delivery;
3) Failure to provide an item(s) which is in conformance with the
specifications referenced in the Invitation for Bids;
4) Delivery of a defective item;
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5)
Failure or refusal to remove and replace any item(s) rejected as
defective or nonconforming within fifteen (15) days after
notification;
6) Insolvency or bankruptcy;
7) Failure to protect, to repair, or to make good any damage or
injury to property; or
8) Breach of any provision of this Contract.
b. In the event that the AMCR terminate this Contract in whole or in part
as provided in Subparagraph a. above, the AMCR may procure, upon
such terms and in such manner as it determines, on item(s) similar or
identical to those so terminated, and the Contractor shall be liable to
the AMCR for any reasonable excess costs for such similar or identical
item(s) included within the terminated part of the Contract.
c.
If the Contract is terminated in whole or in part as provided in
Subparagraph a. above, the AMCR, in addition to any other rights
provided in this paragraph, may require the Contractor to transfer
title and deliver immediately to the AMCR in the manner and to the
extent directed by the Purchasing Department, such partially
manufactured or delivered item(s) as the Contractor has specifically
produced or specifically acquired for the performance of such part of
the Contract as it has been terminated. Except as provided below.
Payment for any partially manufactured or delivered item(s). Such
sum as the AMCR determines to be necessary to protect the AMCR
against loss.
d. The rights and remedies of the AMCR provided in this paragraph shall
not be exclusive and are in addition to any other rights and remedies
provided by law or under this Contract.
e. The AMCR’s failure to exercise any rights or remedies provided in this
paragraph shall not be construed to be a waiver by the AMCR of its
rights and remedies in regard to the event of default or any
succeeding event of default.
20. Force Majeure
Neither party will incur any liability to the other of its performance of
any obligation under this Contract is prevented or delayed by causes
beyond its control and without fault or negligence of either party.
Causes beyond a party’s control may include, but are not limited to,
acts of God or war, changes in controlling law, regulations, orders or
severe weather conditions, civil disorders, natural disasters, fire,
epidemics and quarantines, general strikes throughout the trade, and
freight embargoes.
The Contractor shall notify the AMCR orally within five (5) days and in
writing within ten (10) days of the date on which the Contractor
becomes aware, or should have reasonably become aware, that such
cause would prevent or delay its performance. Such notification shall
(i) describe fully such cause(s) and its effect on performance, (ii) state
whether performance under the contract is prevented or delayed and
(iii) if performance is delayed, state a reasonable estimate of the
duration of the delay. The Contractor shall have the burden of
proving that such cause(s) delayed or prevented its performance
despite its diligent efforts to perform and shall produce such
supporting documentation as the AMCR may reasonably request.
After receipt of such notification, the AMCR may effect to cancel the
Contract or to extend the time for performance as reasonably
necessary to compensate for the Contractor’s delay.
21. Termination Provisions
The AMCR has the right to terminate this Contract for any of the
following reasons. Termination shall be effective upon written notice
to the Contractor.
a. Termination for Convenience: The AMCR shall have the right to
terminate the Contract or a purchase order for its convenience if the
AMCR determines termination to be in its best interest. The
Contractor shall be paid for work satisfactorily completed prior to the
effective date of the termination, but in no event shall the Contractor
be entitled to recover loss of profits.
b. Termination for Cause: The AMCR shall have the right to terminate
the Contract for Contractor default under paragraph 19, Default, upon
written notice to the Contractor. The AMCR shall also have the right,
upon written notice to the Contractor, to terminate the Contract or a
purchase order for other cause as specified in this Contract or by law.
22.
23.
24.
25.
26.
If it is later determined that the AMCR erred in terminating the
Contract or a contract purchase order for cause, then at the AMCR’s
discretion, the Contract shall be deemed to have been terminated for
convenience under the Subparagraph 21.a.
Assignability and Subcontracting
Subject to the terms and conditions of this Paragraph 22, the Contract
shall be binding upon the parties and their respective successors and
assigns.
Integration
The RFP, Bid form, Proposal acceptance agreement and execution
form, and proof of insurance documents, as well as the purchase
orders constitute the entire agreement between the parties. No
agent, representative, employee or officer of either the AMCR or the
Contractor has authority to make or has made, any statement,
agreement or representation, oral or written, in connection with the
Contract, which is any way can be deemed to modify add to or detract
from, or otherwise change or alter its terms and conditions. No
negotiations between the parties, nor any custom or usage, shall be
permitted to modify or contradict the terms and conditions of the
Contract. No modifications, alterations, changes, or waiver to the
Contract or any of its terms shall be valid or binding unless
accomplished by a written amendment signed by both parties or by a
change order signed by the AMCR.
Changes
The AMCR reserves the right to make changes at any time during the
term of the Contract or any renewals or extensions thereof: 1) to
increase or decrease the quantities resulting from variations between
any estimated quantities in the Contract and actual quantities; 2) to
make changes to the supply within the scope of the contract; 3) to
exercise an option to purchase or early payment option; 4) to notify
the Contractor that the AMCR is exercising any Contract renewal or
extension option; or 5) to modify the time of performance that does
not alter the scope of the Contract to extend the completion date
beyond the Expiration Date of the Contract or any renewals or
extensions thereof. Any such change shall be made by: a. the
contracting officer for changes to purchase orders, by notifying the
Contractor in writing. The change shall be effective as of the date of
the notification of change, unless the change specifies a later
effective date. Such increases, decreases, changes, modifications or
exercises of purchase options will not invalidate the Contract, nor, if
performance security is being furnished in conjunction with the
Contract, release the security obligation. The Contractor agrees to
provide the supply in accordance with the change.
Confidentiality
Confidential Information means any information, in any form,
including, without limitation, written documents, oral
communications, recordings, videos, software, databases, business
plans, and electronic/magnetic media, provided to or observed by the
Contractor hereto pursuant to this Agreement, and owned or
provided by AMCR and/or third parties through AMCR, excepting
information that is generally available to the public. The Contractor
agrees that it will maintain all Confidential Information in confidence
and use it solely for purposes of performance under this Agreement.
Such Confidential Information may be distributed within the
Contractor’s organization only to personnel with a need to know such
information for purposes relating to this Agreement or in compliance
with a court order or statutory requirement. In no event will the
Contractor disclose any Confidential Information to any third parties
except subcontractors and independent consultants and then only
where approved by AMCR in advance and subject to the execution of
a confidentiality agreement acceptable to AMCR.
Warranty-Services:
a)The Contractor shall perform Services for, and furnish deliverables to
AMCR pertaining to the Scope of Services as set forth in the contract.
The Contractor shall possess a degree of learning , care, and skill
ordinarily possessed by reputable professionals, practicing in this area
under similar circumstances. The Contractor shall use reasonable
diligence and professional judgement in the exercise of skill and
application of learning.
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b) Contractor shall be responsible for the quality, technical accuracy,
completeness and coordination of all Documents and other items and
Services under the Contract. Contractor shall promptly and without
charge, provide all corrective Services necessary as a result of
Contractor’s negligent acts, error, or omissions with respect to the
quality and accuracy of Services and Documents.
c)Contractor shall be responsible for any and all damages to property
or persons as a result of Contractor’s negligent acts, errors, or
omissisons, and for any losses or costs to repair or remedy any work
undertaken by Owner based upon the Services as a result of any such
negligent acts, errors, or omissions.
d)Contractor’s obligations shall exist without regard to, and shall not
be construed to be waived by the availability or unavailability of any
insurance, either by Owner or Contractor.
27. Warranty-Intellectual Property: Contractor represents and
warrants that all the materials, goods, and services produced, or
provided to the Owner pursuant to the terms of this Contract shall be
wholly original with the Contractor or that the Contractor has secured
all applicable interests, rights, licenses, permits or other intellectual
property rights in such materials, goods, and services. The Contractor
represents and warrants that the materials, goods, and services, and
the Owner’s use of same, and the exercise by the Owner of the rights
granted by the Contract shall not infringe upon any other work or
violate the rights of publicity or privacy of, or constitute a libel or
slander against any person, Contractor, or corporation. Contractor
further represents and warrants that the materials and works do not
infringe upon the copyright, trademark, trade name, trade dress
patent, statutory, common law or any other rights of any person,
Contractor, or corporation or other entity. The Contractor represents
and warrants that it is the owner o or otherwise has the right to use
and distribute the goods and services contemplated by this Contract.
28. Warranty-Product. The Supplier is responsible in full for
maintaining the agreed quality of the products. The Supplier is
responsible for the unrestricted quality assurance of the products,
including the comprehensive testing of the products. The Supplier
guarantees that the products are free from faults and that they comply
with the agreed specifications and recognized technical standards. The
Supplier will warrant that all articles, materials and Services performed
shall be consistent with manufacturer’s specifications and will be free
from defects. If AMCR may have by reason of any breach of warranty,
goods which are not as warranted may be returned at Contractor’s
expense within thirty (30) days after delivery, for either credit or
replacement, as AMCR may direct without additional charge.
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APPENDIX A
BID PROPOSAL FORM
(Please type or print clearly in ink only)
Signature:
Print Name:
Company Name:
Date:
●Price per item for Back of House Linen Service
Type
Size/Color
Quantity/Par per wk Price per item
Wet Mop
24oz.
2,550
Terry Cloth Bar
Towel
16” x 19”
170
Extended Price
●Price per item for White Linen Table Service
Type
Size/Color
Location
Quantity/Par
per week
Cloth Napkin
Sandalwood
Maple Room
300
Table Cloth
White 52”
Maple Room
32
Table Cloth
White 52”x
69”
White 52”x
114”
White 70”
Round
Rust
Maple Room
50
Maple Room
6
Maple Room
2
Stick’s Sports
Bar
1,600
Table Cloth
Table Cloth
Cloth Napkin
Price per item
Extended Price
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APPENDIX B
REFERENCE LIST
(Please type or print clearly in ink only)
****TO BE COMPLETED BY THE BIDDER AND SUBMITTED WITH PROPOSAL****
1. COMPANY NAME:
ADDRESS:
TELEPHONE NUMBER:
DOLLAR AMOUNT OF CONTRACT:
DATE AND SERVICES PROVIDED:
2. COMPANY NAME:
ADDRESS:
TELEPHONE NUMBER:
DOLLAR AMOUNT OF CONTRACT:
DATE AND SERVICES PROVIDED:
3. COMPANY NAME:
ADDRESS:
TELEPHONE NUMBER:
DOLLAR AMOUNT OF CONTRACT:
DATE AND SERVICES PROVIDED:
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