CHADRON

STATE

COLLEGE

DINING SERVICES

REQUEST FOR PROPOSAL

2012

1000 MAIN STREET

Chadron, Nebraska 69337

CHADRON STATE COLLEGE

DINING SERVICES

REQUEST FOR PROPOSAL

DUE: March 7, 2012

2:00 p.m. MT

1000 MAIN STREET

Chadron, Nebraska 69337

Dr. Janie Park

President

(308) 432-6201

TABLE OF CONTENTS

Section TitlePage

INotice to Contractors1

IIContract4

IIIBid Proposal9

IVCollege Information12

VGeneral Conditions15

VIFoods and Services27

VIIFiscal Accounting41

VIIIPersonnel44

IXAdditional Information47

SCHEDULE OF EVENTSDATE

  1. Issue Request for ProposalJanuary 3, 2012
  2. Mandatory Pre-Bid ConferenceFebruary 17, 2012
  3. Opening of ProposalsMarch 7, 2012
  4. Notification of Contractors Selected to PresentMarch 2012
  5. Presentations by Selected ContractorsWeek of April 5, 2012
  6. Award and Notification to Successful ContractorWithin 30 days of date of

Final Presentation

  1. Contract Date and Commencement of ServicesJuly 1, 2012

SECTION I

NOTICE TO CONTRACTORS

Operation of the Food Services

Chadron State College

Chadron, Nebraska 69337

Sealed Proposals:

Sealed proposals for the operation of the Food Services at Chadron State College (CSC), Chadron, Nebraska will be received at the Office of the Vice President for Administration & Finance, Chadron State College, 1000 Main Street, Chadron, Nebraska 69337 to be opened at 2:00 p.m. MT, March 7, 2012. The three copies of the proposal are to be prepared simply and in a manner designed to help Chadron State College with a straightforward presentation of the Contractor’s capability to satisfy the requirements of this RFP. Elaborate brochures and other promotional materials are not required but will be allowed. Contractors are encouraged to submit any additional information or comments they wish considered. CSC will consider cost plus management proposals along with contract rate per person per day.

Performance Bond:

The successful bidder is required to furnish a performance bond in the amount of one hundred fifty thousand dollars ($150,000) from a surety company authorized to do business in the State of Nebraska. The performance bond must remain in full force for the first year.

Bid Bond:

The contractor herewith submits a bid Bond, certified check, cashier’s check or bank money order payable to CSC in the amount of fifteen thousand dollars ($15,000) with the sealed proposal.

Rejection of Bids:

The Owner reserves the right to reject any or all bids and proposals and to waive formalities, informalities, and technicalities in the bidding process as its interest may appear.

Basis of Bids:

Bids must be based on plans and specifications “Operation of the Food Services at Chadron State College.” Each proposal shall be sealed and clearly marked “CSC Food Service Proposal –March 7, 2012.”

Notice of Acceptance:

All bidding contractors will be notified as to successful bidder when the Board of Trustees or designee has approved the awarding of a contract.

Basis of Awards:

The award of contract shall be made taking into consideration the best interest of the state, the quality or performance of the articles or property proposed to be supplied, their conformity with specifications, the purpose for which required, and the times of delivery. In determining the lowest responsible bidder, in addition to price, the following elements shall be given consideration:

  • The ability, capacity, and skill of the bidder to perform the contract required;
  • The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
  • Whether the bidder can perform the contract within the time specified;
  • The quality of performance of previous contracts;
  • The previous and existing compliance by the bidder with laws relating to the contract;
  • The life-cost of the service and the pro forma financial data;
  • The proposed dining alternatives, management plan, and rebates; and
  • Such other information as may be secured having a bearing on the decision to award the contract.

Pre-Bid Conference:

It is a prerequisite qualification for bidders to attend the pre-bid conference. The pre-bid conference will consist of an Entrance Interview, a Guided On-site Observation and Inspection Tour, and an Exit Meeting. At the Entrance Interview, bidders may ask any questions concerning the proposal specifications. If additional questions arise during your guided on-site observation and inspection, an opportunity to present them will be provided at the Exit Meeting.

The following are details of the pre-bid Conference:

Date:February 17, 2012

Location:Student Center Ponderosa Room

Chadron State College

Schedule:9:30 a.m. - 10:30 a.m.Entrance Interview

10:30 a.m. – 11:30 a.m.Guided Tour

11:30 a.m. – 2:00 p.m.On your own

2:00 p.m. – 3:00 p.m.Exit Meeting

It is the College’s intention that all information (and answers) necessary to complete bid proposals will be available at this Pre-Bid Conference. Failure to attend this Pre-Bid Conference will result in disqualification of any submitted proposal unless alternate plans have been submitted and approved by the College. All questions not answered at the Pre-Bid Conference will be directed by email to . Answers will be provided ASAP.

Oral Presentation:

Bidders may be required to make oral presentations to clarify their proposals. In conducting those discussions, there shall be no disclosure of any information obtained from any competing bidder. These presentations may be scheduled and held after receipt and evaluation of the proposals to provide an opportunity for the bidder to supplement and or clarify the proposal for the evaluation team. Should a bidder refuse to honor the request for oral presentation or complete an oral presentation before the date established in the calendar of events of this RFP, it may result in disqualification. Since oral presentations may or may not be requested, each bidder should make their written proposal concise and complete.

Incurring Costs:

The College is not liable for any cost incurred by bidders in replying to this RFP or for any presentation requested by the College.

Certification of independent Price Determination:

By submission of this proposal, the Contractor certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connections with this RFP:

  • The prices and guarantees in this proposal have been arrived at independently, without consultation, communication or agreement with any competitor for the purpose of restricting competition.
  • Unless otherwise required by law, the prices and guarantee which have been quoted in this proposal have not been knowingly disclosed by the bidder prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other bidder or to any competitor.
  • No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition.
  • He/she is the person in the bidder’s organization responsible within the organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to A through C above.
  • He/she is not the person in the bidder’s organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions; and he/she has the authority to certify that such persons have not participated and will not participate in any action contrary to A through C above, and as their agent does hereby so certify and he/she has not participated and will not participate, in any action contrary to A through C above.

SECTION II

CONTRACT

This agreement made and entered into this ____ day of ______, 2012, between the Nebraska State College System dba Chadron State College, Chadron, Nebraska and the Food Service Company, ______regarding operating the food services at and for Chadron State College at Chadron, Nebraska and the parties hereto agree as follows:

That this contract shall consist of documents, including this 1) Agreement; 2) Specifications as prepared and distributed by Mr. Dale Grant, Vice President for Administration and Finance;

3) College Calendar; 4) Contractor’s proposal; and 5) all written modifications issued subsequent hereto. These documents constitute the contract and are all fully a part of this contract as if attached to this agreement or repeated herein.

The Contractor shall perform all of the work required for completing the base bids as per plans and specifications prepared by Chadron State College and as per proposal for the operation of the food service prepared by ______.

Exhibit A through B attached hereto are incorporated herein as though fully set forth herein. Exhibit A Performance Bond; Exhibit B Certificate of Insurance.

Food Service Company agrees to:

Board Contract Program

Contractors shall provide a graduated scale per meal plan for the following programs based on the total number of boarders on all plans. Please show the cost on a per person per day basis.

Plan APlan BPlan CPlan DPlan EPlan F

675-724

725-774

775-824

825-874

875-924

925-974

975-1024

1025-1074

Pay 12% to the College on all casual meals served as per specifications.

Pay 12% to the College on all foods sold through the Snack Bar and/or branded franchise areas as per specifications;

Pay 12% to the College on all conference meals/refreshments and on- and off-campus catering as per specifications;

Contractor agrees to provide meals for faculty and staff at 75% of cash sales price;

Provide Type A school lunch for Child Development Program for the sum of $_____ per person per day.

0% paid on bonus bucks. 0% paid on sales from Library Coffee Shop.

Cost Plus Management Program

Contractor agrees to provide management services to the College for $______per year. This amount to be paid in 12 equal installments.

College understands that the Contractor will manage the dining services on behalf of the College.

College understands that the Contractor will charge the College for all actual costs directly associated with operating the College’s dining services, which would include, (but not limited to) food, labor, taxes, benefits, and general expenses. In addition, the College understands that there will be an administrative fee charged equal to the amount listed above.

The method and timing of payments for the above expenses will be negotiated with the successful bidder.

Contractor understands that it will operate the cafeteria, snack bar, Library Coffee Shop and C-store locations outlined in this document and comply with all other specifications listed including (but not limited to) sanitation, food quality, food quantity record retention, catering requirements, employee training, compliance with laws and regulations, insurance coverage requirements, and any other general requirements.

Contractor is responsible for maintaining their own insurance coverage as outlined in this document.

Contractor will collect all sales taxes that may be due and will pay these sales taxes to the State of Nebraska.

Contractor understands that 100% of proceeds from meal plans, catering events, grill cash sales, and C-Store cash sales are to be remitted directly to the College or applied to outstanding invoices owed by the College at the college’s discretion.

Contractor will monitor the meal plans as specified in this document to assure that students do not exceed the maximum number of meals or bonus bucks allowed.

Contractor understands that employees will be hired by Contractor and will not be employees of the College.

All Proposals – Other Responsibilities

Assume responsibility over all the food service accounting related to the College.

Furnish a billing statement for all services rendered to the College thirty (30) days following the end of a standard accounting period:

  • Pay the commission fee on all noncontract sales including vending fees, if appropriate, within thirty (30) days following the end of a standard accounting period. (Board Contract Program Only).
  • Bill the Conferencing Office for all Conference meals/refreshments and on- and off-campus catering approved by the College and provided by the contractor. (Board Contract Program Only).

The College agrees to:

Process for payment the monies due the Food Service Company or the amount bid on the contract patrons on or before the 10th day following each billing period.

It is further agreed by and between the parties as follows:

  1. The college shall issue all instructions in writing to the Food Service Agency through its authorized representative.
  1. The Contractor shall pay all sales, consumer, use and other similar taxes required by law.
  1. The Contractor shall indemnify and hold harmless the college and its agents and employees from and against all claims, damages, losses and expenses including attorney’s fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Food Service Company, and Subcontractor, anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
  1. This contract shall be governed by the laws of the State of Nebraska.
  1. The College and the Food Service Company each binds themselves, their partners, successor, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other parties in respect to all covenants, agreements and obligations contained in the contract documents. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the College.
  1. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. It shall erect and maintain as required by existing conditions, all reasonable safeguards for safety and protection.
  1. The Contractor shall purchase and maintain such insurance as will protect it from claims arising from any of the times set forth below which may arise out of or result from the Contractor’s operation under the contract, whether such operation be by itself or by any subcontractor or by anyone for whose acts any of them may be liable:
  1. The most recently approved ISO Commercial General Liability Insurance policy, or its equivalent, written on an Occurrence Basis, with limits not less than $1,000,000 per occurrence/ $2,000,000 general aggregate (on a per location and/or per job basis) Bodily Injury and Property Damage, including the following coverages:
  • Premises and Operations Coverage
  • Independent Contractor’s Coverage
  • Contractual Liability
  • Products and Completed Operations Coverage
  • Broad Form Property Damage Liability
  • Personal Injury Liability, with the contractual exclusion removed
  • Sudden and Accidental Pollution Liability as appropriate.
  1. Worker’s Compensation (or maintenance of a legally permitted and governmentally-approved program of self-insurance which includes excess worker’s compensation with statutory limits) covering contractor’s employees pursuant to applicable state workers’ injuries suffered by employees of contractor. Employer’s Liability Insurance limits shall not be less than:

•Bodily Injury by Accident$500,000 Each Accident

•Bodily injury by Disease$500,000 Policy Limit

•Bodily Injury by Accident$500,000 Each employee

and covering location of all work places involved in this contract.

  1. Unemployment insurance and/or any other insurance required by law for the contractor’s employees but not including the employees of the College. Certificates of insurance acceptable to the College shall be filed with the College prior to commencement of this contract. These certificates shall contain a provision that coverage as afforded under the policies will not be canceled until at least 15 days prior written notice has been delivered to the College.
  1. The most recently approved ISO Business Automobile Liability Insurance policy, or its equivalent, covering owned, hired and non-owned vehicles with limits of not less than $1,000,000 each accident Bodily Injury and Property Damage combined, including Sudden and Accidental Pollution Liability, as appropriate.

5.All such insurance policies and certificates required in this contract shall be issued by any insurance company with sound and adequate financial responsibility which is licensed to do business in the State of Nebraska.

All such insurance policies and certificates shall contain a waiver of subrogation. Each party hereby releases the other from any claim for recovery for any loss or damage to any of its properties which is insured under valid and collectable insurance policies to the extent of its properties which is insured under valid and collectable insurance policies to the extent of any recovery collectable under such insurance. It is further agreed that this waiver shall apply only when permitted by the applicable policy of insurance.

Failure by the Contractor to provide and maintain in force the insurance required under this item is a breach thereof and shall give the College the power to cancel and terminate this agreement forthwith and without notice.

6.The cost of such insurance will be borne by the Contractor.

  1. The College, without invalidating the contract, may order changes within the general scope of the contract consisting of additions, deletions or other revisions. The contract rates shall be adjusted accordingly. All such changes shall be authorized by change order, and shall be executed under applicable conditions of the contract documents.
  1. The cost or credit to the College resulting from any changes shall be determined in one or more of the following ways:
  1. By mutual acceptance of a lump sum properly itemized;
  1. By unit prices stated in the contract documents or subsequently agreed upon; or
  1. By cost and a mutually acceptable fixed or percentage fee.

This agreement executed the day and year first written above.