CHEMUNG COUNTY REQUEST FOR PROPOSALS RFP-1974 Food Service Contract for Chemung County Nursing Facility, the Chemung County Jail and Office for the Aging. 2017 Submitted by Chemung County Purchasing Department, 203 Lake Street, Elmira, NY 14901 6/13/2017 RFP-1974 Food Service Contract 1 of 70 06/14/2017
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CHEMUNG COUNTY
REQUEST FOR PROPOSALS
RFP-1974 Food Service Contract for Chemung CountyNursing Facility, the Chemung County Jail and Office for the Aging.
2017
Submitted by Chemung County Purchasing Department, 203 Lake Street, Elmira, NY 14901
6/13/2017
RFP-1974 Food Service Contract 1 of 70 06/14/2017
Specifications for RFP-1974 Food Service Contract for Chemung County Nursing Facility, the Chemung County Jail and Office for the Aging.
TABLE OF CONTENTS
These specifications contain the following sections and documents:
Bid Advertisement Page 3
Conditions of Work Pages 4-8
Food Service Contract General Specifications Pages 9-20
Specifications for Nursing Facility Pages 21-22
Specifications for Cafeteria Service—Nursing Facility Page 23
Specifications for County Jail Pages 24
Specifications for Department of Aging/LTC Pages 25-28
EXHIBIT A--Attachments:
1: Food Service Volume Statistics and 2017 Contract Rates (Page 29)
2: Current Labor Rates and Fringe Benefits (Page 30)
3: Sample of Monthly Invoice (Page 31)
4: Sample Menu for Nursing Facility (Pages 32-35)
5: Nourishments and Supplements Usage (Pages 36-38)
6: Cafeteria Price List (Pages 39-47)
7: Sample Menu for Jail (Page 48)
8: Sample Menu for Aging Nutrition Program (Pages 49-50)
9: Projected Operating Budget for 2018 (Page 51)
10: For Submission for Proposal (Page 54)
11: Additional Required Forms (Pages 58-64)
12: Award Documents (Pages 65-70)
EXHIBIT B:
Bidder’s Checklist (Pages 52-53)
EXHIBITS C-1, C-2, and C-3:
Bid Pricing Pages for Alternative Bidding Options (Pages 55-57)
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Chemung County – City of Elmira Purchasing DepartmentJohn H. Hazlett Building - 4th Floor
203 Lake Street PO Box 588Elmira, NY 14901
PH: 607-737-3577 FX: 607-737-2073
NOTICE IS HEREBY GIVEN, that sealed proposals are sought and requested by the County of Chemung for the performance of the following contract, according to specifications:
RFP-1974 Food Service Contract for Chemung County Nursing Facility, the Chemung County Jailand Office for the Aging.
The sealed proposals will be received in the Chemung County-City of Elmira Purchasing Department, Room 403, Fourth Floor, John H. Hazlett Building, 203 Lake Street, Elmira, New York 14901, until 1:45 P.M. on Thursday, July 20, 2017. Proposals shall be accompanied by a bid bond in the amount of five percent (5%) of the total gross sum proposal.
Attendance at pre-bid conference is required. The conference will be held in the Health Center Assembly Room of the Chemung County Health Department, 103 Washington Street, Elmira, NY14901, at 10:00 A.M. on July 13, 2017.
Please take note:
The Purchasing Office is not open from 12:00 Noon to 1:00 P.M. daily.The Purchasing Office receives one daily US Mail delivery after 2:00 P.M.Any proposal received by the Purchasing Office after 1:45 P.M. on the due date will not be considered.
Proposals must be submitted in triplicate (one original and two exact copies)Faxed or electronic proposals will not be considered
The County of Chemung reserves the right to reject any and all proposals submitted and to waive any informality.
Proposals must be made on and in accordance with the proposal documents and specifications for said contract.
The County of Chemung officially distributes bidding documents through the Empire State Purchasing Group at www.EmpireStateBidSystem.com. Proposal documents will be available on the website on or after Thursday July 6, 2017. Copies from any other source are not considered official copies. Only those proposers who obtain bidding documents from the Empire State Purchasing Group are guaranteed to receive addendum information, if such information is issued.
If you have obtained this document from a source other than the Empire State Purchasing Group, it is recommended that you obtain an official copy by registering with this service. By: Kyle M. Wieder Deputy Purchasing Coordinator
Inserted in the Star Gazette: July 6, 2017 Inserted in the Leader: July 6, 2017
1.01 Receipt and Opening of Proposals: The County of Chemung, New York (herein called the Owner) invites Proposals on the form attached hereto. Each proposer shall submit his/her proposal in a sealed envelope which shall bear thereon the following inscription:
PROPOSAL FOR: RFP-1974 Food Service Contract for Chemung County Nursing Facility, the Chemung County Jail and Office for the Aging.
And either mail or deliver the same in person to the address specified in the Notice to Proposers. The outside of the proposal envelope must bear the name and address of the company submitting the proposal. Included in the proposal (one original and two copies) shall be:
All required submissions listed in Section 1.02 and Exhibit C:Vendor Certification FormRegret Letter (If No Bid)Non-Collusion FormWaiver of ImmunityIranian Energy Divestment CertificationDocumentation Required by SpecificationsW-9
The original proposal document shall be clearly marked "ORIGINAL". If any discrepancy exists between the original document and the copy, the original document shall be binding.
The Owner may consider informal any proposal not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any or all proposals. Any proposal may be withdrawn prior to the scheduled time for the opening of proposals or authorized postponement thereof. Any proposal received after the time and date specified will not be considered. No proposal may be withdrawn within forty-five days after actual date of the opening thereof.
Proposals delivered prior to the day the proposals are actually opened will be deemed received upon the day of the actual opening of the proposals and will be retained in the interim only as a courtesy tothe Proposer.
1.02 Specifications or Scope of Work: See Section 1.02
1.03 Commencement of Work: Upon execution and delivery of the Contract and insurance certificates by the Contractor to the Owner and the approval thereof by the Owner’s attorney, the Contractor willbe notified to proceed with the work of the Contract.
1.04 Taxes: The County of Chemung is a municipal corporation and is exempt from all sales tax.
1.05 Contractor’s Insurance: The Proposer, at their own expense, shall procure and maintain, until final acceptance by the Owner of the work covered by the Contract, insurance for liability for damages imposed by law of the kinds and in the amounts hereinafter provided in insurance companies authorized to do such business in the State covering all operations under the Contract whether performed by the Contractor or by sub-Contractors. Before commencing the work, the Contractor and each sub-Contractor shall furnish to the Owner one duplicate original policy together with two certificates of insurance for each of the kinds of insurance required satisfactory in form to the Owner showing that the Contractor and each sub-Contractor has complied with this Section. The policies and certificates shall provide that the policies shall not be changed or cancelled until 15 days after written notice to the Owner. RFP-1974 Food Service Contract 4 of 70 06/14/2017
Owner is to be named as an additional insured on a primary basis on all policies including completed operations with the exception of workers’ compensation and a certificate of insurance will be provided within 48 hours of request by owner. All certificates of insurance will provide 30 days notice to owner of cancellation or non-renewal. Contractor waives all rights of subrogation against owner and will have all policies endorsed setting forth this waiver of subrogation. All insurance coverages required to be purchased and maintained by the Contractor under this Agreement shall be primary for the defense and indemnification of any action or claim asserted against the Owner and/or the Contractor for work performed under this agreement, regardless of any other collectible insurance or any language in the insurance policies that may be to the contrary. The kinds and amounts of insurance are as follows:
A. PROFESSIONAL LIABILITY INSURANCE: In satisfaction of the insurance requirements of this Agreement, CONTRACTOR is required to procure and maintain PROFESSIONAL LIABILITY INSURANCE in the sum of at least ONE MILLION DOLLARS ($1,000,000.00) and GENERAL LIABILITY INSURANCE IN THE SUM OF AT LEAST ONE MILLION DOLLARS ($1,000,000.00)
CONTRACTOR is further required to furnish copies of proof of said coverages in Certificates of Insurance naming the COUNTY as an additional insured with respect to the general liability policy. These Certificates of Insurance must include the term of this Agreement or CONTRACTOR shall, on or before thirty (30) days of the expiration date of the above insurance, provide the COUNTY with a Certificate of Insurance with the same coverage for the balance of the term of this Agreement.
Any required insurance will be in companies authorized to do business in New York State, covering all operations under this Agreement, whether performed by the CONTRACTOR or by subcontractors.
All insurance coverage required to be purchased and maintained by the CONTRACTOR under this agreement shall be primary for the defense and indemnification of any action or claim asserted against the COUNTY and/or the CONTRACTOR for work performed under this Agreement, regardless of any other collectible insurance or any language in the insurance policies which may be to the contrary.
Should the Contractor’s insurance be written on claims made basis, the CONTRACTOR agrees to maintain coverage for claims arising from services rendered during the term of this Agreement, but submitted after the termination of this Agreement. If necessary, CONTRACTOR will purchase “tail coverage” to meet the financial obligation of this Agreement and instruct its insurer to send the County a Certificate of Insurance as evidence of the coverage required by this paragraph. B. AUTOMOBILE INSURANCE: Automobile public liability and property damage insurance covering all claims against the Contractor, each sub-Contractor and the Owner, as a result of work under the Contract, shall be provided by the Contractor in the following amounts:
COMBINED SINGLE LIMIT OF $ 1,000,000.00 C. STATE PROVISIONS - WORKERS’ COMPENSATION: Pursuant to Section 108 of the General Municipal Law, it is stipulated that the Contractor shall at all times during the life of this Contract provide adequate Workers’ Compensation at his own cost and expense, and this Contract shall be void and of no effect unless the said Contractor shall secure compensation for the benefit of, and keep insured during the life of said Contract, such employees in compliance with the provisions of Chapter 41 of the Laws of 1914, as amended. 1.07, 1.08, 1.09 Not Applicable
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1.10 Executory Clause: It shall be understood by and between the parties that this agreement shall be deemed executory to the extent of the monies available to the County of Chemung for said purposes and no liability on account thereof shall be incurred by the County of Chemung beyond monies available for said purposes. Cancellation: This Contract may be terminated by the County of Chemung, with written notice being given to the Contractor 30 days prior to cancellation and said agreement shall be null and void and have no further effect 30 days after the Contractor’s receipt of said written notice from the County. 1.11 Contractor Status: The relationship of the Contractor to the County of Chemung shall be that of an independent contractor. That the said Contractor in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself in accordance with such status, that it will neither hold itself out as nor claim to be an officer or employee of the County of Chemung by reason thereof and that it will not by reason thereof, make any claim, demand, or application to or for any rights, or privilege applicable to an officer or employee of the County of Chemung, including but not limited to Workers’ Compensation coverage, unemployment insurance benefits, Social Security coverage or retirement membership or credits. 1.12 Pertaining to General Municipal Law: The Contractor shall agree that Sections 103-a and 103-b of the General Municipal Law relative to ground for cancellation of Contract by municipal corporation, and disqualification to contract with municipal corporations, are made part hereof as though fully set forth herein. 1.13 Specification Discrepancy: Should a discrepancy be found in, or omissions from the specifications, requirements for contract, or proposal form, or should the bidder be in doubt as to their meaning, they shall at once, no later than seven days prior to submission of Proposal, notify the Purchasing Director in writing who will send written Addenda to all bidders where necessary. The County of Chemung will not be responsible for any oral instructions. 1.14 Assignment and Subletting: The Contractor shall not assign, transfer, sublease, pledge, hypothecate, surrender, or otherwise encumber or dispose of this Contract or any estate created by this Contract, or any interest in any portion of the same, or permit any other person or persons, company or corporation to perform, without the written consent of the County first being obtained. 1.15 Non-waiver: Any waiver of any breach of covenants herein contained to be kept and performed by Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition or covenant or otherwise. 1.16 Default: Provided always, these entire agreements are upon this condition, that if the Contractor shall fail or neglect to do or perform or observe any of the covenants contained herein on its part to be kept and performed and such failure or neglect shall continue for a period of not less than seven (7) days after the County has notified Contractor in writing of Contractor’s default here- under and the Contractor has failed to correct such default within said seven (7) days, or if Contractor shall be declared to be bankrupt or insolvent according to law, or if any assignment of its property shall be made for the benefit of creditors, then in either of said cases or events, the County, or those having its estate in the premises, lawfully may, at its option, immediately or at any time thereafter without demand or notice, cancel the whole and expel Contractor and those claiming by, through or under Contractor, and remove Contractors and their effects, if any, forcibly if necessary, without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used. 1.17 Rejection or Acceptance: The right is reserved by the County to waive any irregularities or informalities in any proposal, to reject any or all proposals, to re-advertise for proposals if desired, and to accept the proposal which, in the judgment of the County is deemed the most advantageous for RFP-1974 Food Service Contract 6 of 70 06/14/2017
the public and the County. Any proposal which is incomplete, conditional, obscure, or which contains additions not called for, or irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful applicant, or his refusal to enter into a contract with the County, the County reserves the right to accept the proposal of any other applicant without necessity of re-advertisement. 1.18 License Requirement: Contractor shall agree to maintain continuously applicable state, county, city and federal licenses. The County of Chemung reserves the right to investigate thoroughly the finances, character, experience and record of each proposer and the final award will consider these aspects with the actual proposal. The company submitting the proposal shall fully cooperate in providing information necessary to facilitate the investigation herein stated above. 1.19 Contract Period: The contract(s) for the food services outlined herein shall be from January 1, 2018 to December 31, 2018, a one-year period, and may be renewed by mutual consent for four (4) additional one year periods which will respectively end on December 31, 2019, December 31, 2020, December 31, 2021 and December 31, 2022. Each renewal shall be on the same terms and conditions as herein stated and shall be approved by the County Executive prior to commencement. At the discretion of the County, an extension of the 2022 contract for one additional year at no added cost may be offered on the same terms and conditions.
1.20 Limitations to Liability: Chemung County does not assume responsibility or liability for costs incurred by proposers responding to the Request for Proposal (RFP) or to any subsequent requests for interviews, additional data, etc.
1.21 Equal Opportunity Employment: Attention of Proposers is particularly called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition, carrier status or marital status.
1.22 Prevailing Wage Rate Requirement: That the Contractor shall comply with the provisions of the Department of Labor regarding the posting of posters and providing of wallet cards to be posted and distributed respectively at all public work job sites informing the employees of their entitlement to receive the prevailing wages and supplements as determined by the Department of Labor and that said posters will be displayed in a conspicuous space and shall list the Department of Labor’s field offices with appropriate phone numbers for individuals to call if they believe their rights are being violated and, further, the Contractor must provide each worker with a written notice, informing them of the prevailing wage requirements for the job and that each worker sign a statement or declaration that attests that they have been given this information. That posters required to be displayed be displayed as part of the required rate schedules. Contractors shall be required to certify their payrolls and keep certified records on site and available.
1.23 Weight Certification: Where materials are purchased by weight, the supplier shall use scales certified by the County of Chemung or the State of New York and the supplier shall furnish the County with certified weight tickets upon delivery of materials and as necessary and/or requested by the County.
1.24 Compliance with Law: The Contractor/Proposer agrees to comply with and fulfill all laws, orders, ordinances, rules and requirements of Federal, State, City, County or other applicable governmental authority; all applicable OSHA and New York State Labor rules, regulations, and statutes. Chemung County is a Municipal Separate Storm Sewer System (MS4) entity, and its MS4 operators together with third party entities are required to meet the storm water discharge regulations of its Storm Water Management Plan (SWMP). The bidder is advised it is unlawful for any person to directly or indirectly cause or contribute to a violation of water quality standards.
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1.25 Iranian Energy Sector Divestment: 1. Contractor/Proposer hereby represents that said Contractor/Proposer is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor/Proposer has not:
(a) Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or
(b) Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.
2. Any Contractor/Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law. 3. Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for Proposals must certify and affirm the following under penalties of perjury:
(a) “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).” Chemung County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.
4. Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the Bidder/Proposer shall so state and shall furnish with the proposal a signed statement setting forth in detail the reasons therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:
(1) The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or
The County of Chemung has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County of Chemung would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the County in writing and shall be a public document.
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SECTION 1.02: FOOD SERVICE CONTRACT SPECIFICATIONS
A.
INSTRUCTIONS TO BIDDERS:
1. Bids are requested from qualified Contractors to provide full food service to the specifieddepartments within the County of Chemung. All services shall be performed on-site at the John C. Gridley Health Center located at 103 Washington Street, Elmira, NY 14901 except for contractors providing only Elderly Nutrition Program meals.
2. The Contractor must be capable and qualified to perform the food services described inthese specifications, and none of these services may be sub-contracted to any other vendor orparty.
3. The Contract Specifications are composed of the following components:
a. EXHIBIT A: Continued 1.02 Specifications for Food Service Contract (Follows Page 18 ofthis Section)
b. EXHIBIT B: Bidder's Checklist (Pages 8-9 of this Section)
c. EXHIBIT C: Bid Pricing Page (Page 10 of this Section)
4. Bidders are cautioned that all requirements for bids, as stated in EXHIBIT A and as summarizedin EXHIBIT B, must be provided as part of the bid submission and must be submitted on or before the announced deadline. Failure to provide any requirements may be cause to reject a bid as non- responsive.
5. Award of this bid shall be on the basis of the proposal which is deemed to be most beneficial tothe County of Chemung and its subordinate departments that utilize these services. Bid price shall be a major factor in the determination of the bid award, but it shall not be the sole deciding factor. Among the factors to be evaluated are:
a. Bidder's overall bid submission regarding content and description of services to beprovided. 10% towards evaluation.
b. Bidder's overall qualifications and experience in providing similar services in healthcarefacilities, especially relating to reference checks from other clients and results on state and federal regulatory compliance surveys at client facilities. 25% towards evaluation.
c. Combined bid price and analysis of components of bid price to determine impact on localshare (County taxpayer) costs. 50% towards evaluation.
d. Financial capability of bidder to support and maintain quality services over a period of atleast 5 years. 10% towards evaluation.
e. Level of commitment and support to be provided to the on-site operation by bidder’scorporate office. 5% towards evaluation.
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B. TECHNICAL SPECIFICATIONS:
PURPOSE
The purpose of these specifications is to define the bidder requirements for the operation of the complete Nutrition
Services Department of the Chemung County Nursing Facility. (NOTE: Bidders who wish to provide only the
congregate meals service for the Elderly Nutrition Program, administered by Department of Aging and Long
Term Care, should refer to “Alternate Bidding Options” below.) The functions performed in the operation of the
Nutrition Services Department consist of the following:
1. Feeding of 200 residents of the Chemung County Nursing Facility, including special diets but excluding
enteral feeding.
2. Feeding approximately 170 jail inmates (average daily census in 2016) housed by the Chemung County
Sheriff’s Department.
3. Preparation of meals (approximately 110 daily Monday – Friday based on 2016 average daily) for the
Elderly Nutrition Program administered by the Chemung County Department of Aging and Long Term
Care, including some frozen meals for weekends.
4. Operation of the Cafeteria for staff, visitors and nursing home residents.
5. Preparation of food for special functions.
6. All related services as required by the New York State Department of Health Residential Care Facilities'
Code.
The bidder agrees to operate said services in the highest professional manner as so understood by the food service
industry and in complete compliance with Title 10 NYCRR, OBRA regulations and other applicable local, state
and federal laws and regulations.
ALTERNATE BIDDING OPTIONS:
Bidders shall have the opportunity to provide bids for any or all of the following food service options:
1. Provide complete operation of Nutrition Services Department at the Chemung County Nursing Facility
as described in Items 1 through 6 under “Purpose” above. Exhibit C-1: Proposal Pricing Page for
Complete Operation on Site shall be used.
2. Provide complete operation of Nutrition Services Department at the Chemung County Nursing Facility
as described under “Purpose” above with the exception of Item 3 for the Elderly Nutrition Program.
Under this option, the bidder would provide Items 1, 2, 4 and 5 set forth under “Purpose”. Exhibit C-2:
Proposal Pricing Page for Nursing Facility and Jail Operation on Site shall be used.
3. Provide preparation of meals at another location for the Elderly Nutrition Program, as administered by
the Chemung County Department of Aging and Long Term Care, including some frozen meals for
weekends. Exhibit C-3: Proposal Pricing Page for Elderly Nutrition Program off Site shall be used.
NOTE: Interested bidders may submit any or all of the Exhibits C-1, C-2 and C-3.
COMPLIANCE
The bidder must stipulate and agree in writing, submitted with the proposal, that in the hiring of employees for
the performance of work under this contract, it shall not by reason of age, race, creed, sex, color, national origin,
disability, marital status, sexual preference, sponsorship, employment, source of payment or retaliation
discriminate against any citizen making application who is qualified and available to perform the work to which RFP-1974 Food Service Contract 10 of 70 06/14/2017
this contract relates. Said bidder also agrees to comply in all respect with all federal, state, county and municipal
laws regarding work on municipal contracts, the employing of help, length of hours, Worker's Compensation,
particularly Section 200 of the Labor Law, and state/federal Minimum Wage Laws. It is mutually understood
and agreed that any insuring contract, or purchase proposal, shall be void until the successful bidder has met this
requirement.
BIDDER' NOTE: Bidder must state in writing that there will be compliance with all applicable federal, state,
county and municipal laws regarding prohibition of discrimination, employment conditions, Worker's
Compensation, Labor Laws and Minimum Wage Laws.
VISIT TO JOB SITE
It is the responsibility of the bidder to satisfy itself by personal examination of the existing facilities. Each bidder
shall formally request from the Nursing Facility Administrator, prior to the submission of bids, any clarification
of these specifications or additional information reasonably required to submit a bid. When appropriate, this
information will be given to all other prospective bidders who have obtained a copy of these specifications. The
bidder hereby understands and agrees that no pleas of ignorance relating to any data, condition, policies or
requirements of the Nursing Facility or County, that may exist or that may reasonably be encountered pursuant
to this contract, will be accepted as a result of failure or omission on the part of the bidder to fulfill in every
respect all the requirements hereunder. Nor will the same be accepted under any circumstances, as a basis for any
type of claim, whatsoever for extra charges, start-up costs, or for the rendering of proper service hereunder.
Further, said claims for charges shall be without prejudice to the County or Nursing Facility, not honored by
same.
The bidder under these specifications will be referred to as the Food Service Contractor and the contract will be
between the Food Service Contractor and the County of Chemung. A valid contract shall exist when upon award
to the successful bidder a signed contract shall be executed between the Contractor and the County Executive of
Chemung County.
REQUIREMENTS
NOTE to Bidders: Unless otherwise indicated, the requirements and specifications set forth in Exhibit A pertain
to food service operations conducted on-site at the Chemung County Nursing Facility. Any bidder who submits
a proposal solely for the Elderly Nutrition Program meals prepared at a different location must comply with all
required submissions, except those specifically excluded.
1. Bids will be received to conduct, operate and sell within the Nursing Facility, food, nonalcoholic beverages
and refreshments as outlined in the New York State Department of Health Codes, Rules and Regulations,
Volume 10 - Health.
2. The successful bidder shall be responsible for: (Exception: Bidders who elect to provide only food services
to the Elderly Nutrition Program at another location. Refer to “Alternate Bidding Options” above.)
a. Providing food service to the residents of the Chemung County Nursing Facility (see Specifications on
Pages 12-14);
b. Providing Cafeteria services at the Chemung County Nursing Facility (see Specifications on Page 14),
the cost of which is not part of the proposal price and shall be operated separately by the contractor with
no financial obligation or responsibility on the part of the County ;
c. Providing food services to inmates of the Chemung County Jail (see Specifications on Page 15);
d. Providing food services to the Elderly Nutrition Program administered by the Chemung County
Department of Aging and Long Term Care (see Specification on Pages 16-19);
e. Providing food service for special functions, the cost of which is not part of the proposal price and shall
be reimbursed separately by the requesting County department (see Specification on Page 13).
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3. No other type of outside business services of the contractor shall be allowed at the Nursing Facility unless
approved by the County of Chemung, subject to restrictions herein contained or provided for.
4. The County of Chemung shall furnish without charge at the Nursing Facility, all electricity, gas, water, heat,
light, telephone service and internet connectivity through the County’s systems to the Food Service
Contractor for its operations as in the judgment of the County is reasonably needed and necessary.
5. The County shall furnish pursuant to these specifications, all space, equipment, and furnishings at the
Nursing Facility to the Food Service Contractor for its operation as in the sole judgment of the county is
deemed to be reasonable and necessary. This provision shall include pots and pans, shelving and replacement
parts for equipment, but it shall not include expendable supplies and materials as detailed in Item 22 of these
specifications. At the time of contract signing, an itemized inventory (to be certified by representatives of
both parties hereto) of all items then furnished by the County will be made part of this contract. The itemized
inventory must be amended by additions and/or deletions as may be authorized in writing by the County.
6. The Food Service Contractor agrees that its employees and agents will at all times at the Nursing Facility
use the County's equipment, machinery, furnishings and paraphernalia in a good and proper manner and
shall at all times keep the same free from damages, in proper condition and in a state of cleanliness at all
times to assure compliance with all health and sanitary regulations and procedures as required by the New
York State Department of Health regarding dietary operations in a residential health care facility. The
cleanliness of the operation shall be maintained in accordance with Volume C. Part 415.14 of the RHCF
Code and OBRA regulations.
7. Repairs and replacements of equipment and other related County-owned property at the Nursing Facility
which may be necessary due to the negligence of the Food Service Contractor, its employees or agents shall
be the sole responsibility and the sole expense of the Food Service Contractor. The Food Service Contractor
shall be responsible to see that no equipment of any type shall be removed from the Nursing Facility except
for repairs which have been authorized by the County. The County reserves the right to select the vendor(s)
performing repairs to County-owned property.
8. Recommendations for additional equipment at the Nursing Facility made in writing by the successful bidder
deemed to be necessary for the complete and efficient service specified and required hereunder shall be
considered for procurement, with the County reserving solely to itself the final decision as to replacement
or procurement of said equipment.
9. The County may from time to time at the Nursing Facility, at its sole option, repair or replace any equipment
not functioning properly under verbal or written notification from the Food Service Contractor of the need
for such repair or replacement.
10. No alterations, changes or improvements shall be made to the Nursing Facility areas granted to the Food
Services Contractor without obtaining prior written permission, with the final decision as to alterations,
changes or improvements reserved solely with the County.
11. The County shall be responsible for repairs to all permanent fixtures at the Nursing Facility such as faucets,
lights, sewers, air conditioning, heating, refrigeration and other related mechanical and electrical work that
is required by the Food Service Contractor to perform under these specifications. All such repairs shall be
at the sole discretion of the County.
12. The County will provide without charge for the removal of all trash and garbage at the Nursing Facility
relating to the Food Service operations, with the Food Service Contractor being responsible for the proper
storage and placement of said trash and garbage until its removal. Contractor is responsible for the
breakdown and separation of all recyclable materials. #10 cans are to be cleaned and crushed by the Food
Service Contractor.
13. The County shall provide without charge at the Nursing Facility for all extermination services at such times
as it deems necessary. The County reserves the right to charge the Food Service Contractor for any
extermination services required as a result of the negligence in food handling and storage by the contractor.
RFP-1974 Food Service Contract 12 of 70 06/14/2017
14. The County shall be responsible for the cleaning at the Nursing Facility of ducts, hoods above the filter line
in the central kitchen, exterior windows and the areas of the cafeteria outside the serving line, at such times
it deems necessary.
15. The Food Service Contractor shall clean floors, walls, ceiling, interior kitchen windows, food preparation
equipment and food delivery equipment used in the central kitchen area and the area behind the serving line
in the cafeteria. All cleaning supplies and equipment used to perform the cleaning functions as stated shall
be purchased by the Food Service Contractor and are to be incorporated as a cost of the contract.
16. The Food Service Contractor will surrender to the County all equipment, furnishings and other related
County-owned property located in the Food Service areas assigned to the Food Service Contractor, upon
termination of this agreement due to whatever cause, as shown on the certified inventory lists of all County-
owned property. Such property and furnishings must be returned to the County in the same good order and
condition as when received by the Food Service Contractor. Reasonable wear and tear, damage from
casualty, fire and hazards covered by insurance alone will be accepted. Another inventory shall be taken
upon termination to determine the status of all property hereunder. Discrepancies shall be corrected at the
Food Service Contractor's sole expense for said equipment based on a comparison with the original
inventory.
BIDDER'S NOTE: Upon termination of this agreement, the County reserves absolute right to withhold
all Food Service Contractor's bonds and deposits until this paragraph, in the opinion of the County, be
totally complied with and all conditions are satisfied.
17. The County shall have unlimited access with or without notice to the Food Service Contractor to all Nursing
Facility areas assigned to and used by the Food Service Contractor for purposes of audits and inspections.
18. The Food Service Contractor may use its own equipment upon approval by the County, and in every instance
said approval must be in its possession before said equipment can be brought into the Nursing Facility.
19. In the event any Food Service Contractor-owned equipment or other articles are permitted to be brought into
the Nursing Facility, any risk or actual loss or damage thereto shall be solely that of the Food Service
Contractor, and Food Service Contractor agrees that it shall assert no claims for the liability on the part of
the County. Further, the Food Service Contractor shall be solely responsible for the maintenance and
operation of said equipment.
20. The Food Service Contractor shall be responsible for providing at the Nursing Facility a professional food
service program to comply with all applicable local, state and federal laws and regulations. Further, the Food
Service Contractor shall comply with all appropriate governing agencies' regulations. In the event that any
regulatory agency cites the County for sub-standard or deficient operations conducted by the Food Service
Contractor, the Contractor shall be liable for payment of any fines or penalties that may be assessed.
21. The Food Service Contractor shall monitor the operation through ongoing Quality Assurance Programs,
management by objective and total internal auditing of said services and procedures.
BIDDER'S NOTE: As part of this proposal, the bidder must submit the suggested Quality Assurance Program
to be used in both the clinical and food service areas. Sample QA forms must be submitted with this bid.
22. The Food Service Contractor shall be solely responsible for the purchase, payment and control of all foods,
beverages, paper and soap supplies, china and dishes, glasses, flatware and small-ware utensils, and such
other materials and expenses necessary for it to render proper performance of the food service program as
stated. Current dishware, flatware, glasses and utensils owned by the Nursing Facility may be used by the
Food Service Contractor, but all new and/or replacement items shall be the responsibility of the Food Service
Contractor. Purchases and performance shall apply to all items in addition to the above. Any delinquency in
the payment of such costs by the Food Service Contractor after investigation by the County shall be cause
for termination of the contract. At no time shall purchases be charged to or purchased in the name of the
County of Chemung. Office supplies and forms shall also be the sole responsibility of Contractor and these
items may be purchased from the County.
RFP-1974 Food Service Contract 13 of 70 06/14/2017
BIDDER'S NOTE: The winning bidder shall agree to purchase at cost from Aladdin Food Management Services
the inventory of food and supplies remaining on 12/31/17.
23. The Food Service Contractor, its employees or agents shall be considered as an independent contractor and
not employees or agents of the County.
24. The Food Service Contractor shall purchase, receive, store and maintain products of wholesome quality in
sufficient quantities to meet menu requirements. Only cost-effective purchasing techniques shall be utilized.
25. The Food Service Contractor shall develop, maintain and utilize specific product specifications for all items
purchased.
BIDDER'S NOTE: General specifications indicating grades and qualities of raw food purchases for menu items
shall be submitted as part of this proposal.
26. All prepared and mixed food and beverage products, with the exception of enteral tube feeding products,
shall be provided and maintained by the Food Service Contractor.
27. The Food Service Contractor shall provide a qualified, full-time, resident Food Service Director and
Registered Dietitian as well as other management personnel as required for the effective and quality
operation of food services programs. The prospective Food Service Director shall have a minimum of five
(5) years experience in a hospital or nursing home environment of similar size and complexity, or other
comparable management experience, and must be a qualified Director according to the State Department of
Health requirements. (Waived for Elderly Nutrition Program meals prepared off site.)
BIDDER'S NOTE: Resumes stating qualifications and experience for the Food Service Contractor's Director,
Dietitian and other management personnel shall be submitted as part of this proposal. In lieu of resumes
identifying specific individuals whom the Food Service Contractor proposes for the above positions, resumes
may be submitted stating the minimum education, background, work experience, etc., for the individuals the
contractor proposes to employ. However, the proposal shall not be awarded until the prospective Food Service
Contractor provides resumes stating qualifications for specific individuals designated to be Director and Dietitian.
28. The employees used in the operation shall be under the jurisdiction of the Food Service Director, who will
hire, discharge, supervise, train and direct these employees. Criminal background checks are required for all
employees. The Nursing Facility’s pre-employment screening procedures, including physicals and drug
screening, shall be followed by the Contractor. Included in the examination shall be tuberculosis screening.
Employees shall, thereafter, have a health assessment and tuberculosis screening performed annually by the
County. (Waived for Elderly Nutrition Program meals prepared off site.)
29. All food service employees must pass a drug screening prior to being hired, the cost of which is the burden
of the Food Service Contractor. (Waived for Elderly Nutrition Program meals prepared off site.)
30. All employees shall be on the Food Service Contractor's payroll. There shall be no sub-contracting of staff
or services without the written authorization of the County of Chemung. (Waived for Elderly Nutrition
Program meals prepared off site.)
31. The Food Service Contractor shall have the sole responsibility to compensate its employees including all
applicable taxes and insurances and shall be responsible for any losses incurred by the County resulting from
dishonest, fraudulent or negligent acts on the part of its employees or agents.
32. The Food Service Contractor shall conduct an employee training program that will continue for the duration
of the contract to insure employees perform their jobs with the highest standards of efficiency and sanitation.
Programs shall include: regular in service classes on safety and sanitation, on-the-job training, orientation
of all new employees and a staff development program on a continuing basis. Such training must be
documented and reports shall be made as requested to the Nursing Facility's Staff Development Department.
(Food Service Contractor providing meals solely for the Elderly Nutrition Program shall provide reports as
requested to the Department of Aging’s Nutrition Services Coordinator.)
RFP-1974 Food Service Contract 14 of 70 06/14/2017
Participation in such training programs is a condition of employment for all Contractor employees, and failure
to attend these programs may be grounds for termination of employment. Facility and State mandated
training averages 8 hours per employee annually for topics like orientation, State Code requirements, fire
safety, and OSHA Regulations. These mandatory training sessions may be scheduled and conducted by the
County at no charge to the Food Service Contractor. (Waived for Elderly Nutrition Program meals prepared
off site.)
33. The Food Service Contractor shall furnish uniforms for all employees. The cost of said uniforms shall
become part of the normal operation expenses to be borne by the Contractor. (Waived for Elderly Nutrition
Program meals prepared off site.)
34. All Food Service Contractor's employees or agents shall comply with all rules and policies of the County,
including cleanliness, courtesy, workplace violence and harassment-free workplace. (Waived for Elderly
Nutrition Program meals prepared off site.)
35. The Food Service Contractor will maintain an operations manual with a copy furnished upon request to the
Nursing Facility Administrator. The operations manual shall be revised and updated on an annual basis.
(Food Service Contractor providing meals solely for the Elderly Nutrition Program shall furnish an operating
manual upon request to the Department of Aging’s Nutrition Services Coordinator.)
36. The Food Service Contractor shall develop, post and maintain itemized work schedules for every position
deemed necessary in the operation, based upon the approved master staffing plan. The master staffing plan
must include the following positions or staffing levels to be located on-site: (Waived for Elderly Nutrition
Program meals prepared off site.)
a. A full-time Food Service Director (40 hours per week)
b. Dietitian Staffing:
A full-time Registered Dietitian (40 hours per week)
A part-time Registered Dietitian (16 hours per week)
A full-time Registered Dietetic Technician or Certified Dietary Manager with a minimum of 5 years
clinical experience (40 hours per week)
BIDDER’S NOTE: This level of clinical staffing is required to meet the increased demands of
admissions, MDS reports and charting to comply with skilled nursing facility regulations. The
number of annual admissions ranges from 250 to 300 per year in the Nursing Facility.
c. Two full-time Assistant Food Service Directors with 4-year degrees or Certified Manager registration or
comparable management-level positions (40 hours per week each)
d. Shift supervisor on duty during all hours of operation (minimum of 14.5 hours daily, seven days a week)
e. Minimum of two cafeteria personnel on duty during all hours of operation (minimum of 12 hours daily,
seven days a week) and three cafeteria personnel on duty during peak period (11:15 AM -1:30 PM) for
the noon meal weekdays.
BIDDER'S NOTE: A master staffing plan for both management and hourly personnel must be submitted as part
of this proposal. The staffing plan must identify position titles, areas of responsibility and weekly hours. Also
refer to paragraph 76 regarding submission of wage rate and benefits plan for non-management positions.
37. The master staffing plan for management and hourly personnel and all subsequent additions or deletions
must have the prior approval of the Nursing Facility Administrator.
38. An organizational chart shall be developed and approved by the Nursing Facility Administrator for use
within the Food Service Contractor's assigned area. (Waived for Elderly Nutrition Program meals prepared
off site.)
39. The Food Service Contractor will provide fire and theft insurances to cover any risk by fire and/or theft to
its property located on the premises of the Nursing Facility. The Food Service Contractor further agrees to RFP-1974 Food Service Contract 15 of 70 06/14/2017
provide all necessary theft and/or insurances to cover clothes, garments and other articles owned by its
employees. In case of fire damage or unforeseen casualty, this contract may be unconditionally terminated
without payment of any claims for damages or of any other nature by the County. (Waived for Elderly
Nutrition Program meals prepared off site.)
40. The County shall be responsible to provide fire and explosion insurance on the buildings and contents owned
by the County.
41. Bidders shall furnish a verification of insurance certifying that the Food Service Contractor maintains
Chilled Orange Juice Cream of Wheat Scrambled Eggs
Waffles with Syrup and Margarine
Milk, Beverage
Chilled Orange Juice Oatmeal
Vegetable Omelet Grilled Ham Wheat Toast
Margarine, Jelly Milk, Beverage
Chilled Orange Juice Cornflakes
Scrambled Egg Silver Dollar Pancakes Syrup and Margarine
Sausage Milk, Beverage
Chilled Orange Juice Raisin Bran Cereal
Scrambled Egg Whole Wheat Toast
Cinnamon Donut Margarine, Jelly Milk, Beverage
Chilled Orange Juice Corn Flakes
Hard Boiled Egg Apple Cinnamon Muffin
Fruit Cup Milk, Beverage
Hamburger on Bun
with Lettuce and Tomato, Mustard
Baked Beans Peach & Pear Medley
Milk, Beverage
Alternate Cheese Ravioli with Tomato
Sauce Broccoli
American Goulash
Spinach Garlic Bread
Peanut Butter Brownie Milk, Beverage
Alternate Pork Barbecue Sandwich
Potato Puffs
Macaroni and Cheese
Casserole Stewed Tomatoes
Wheat Bread, Margarine Marbled Cake with Icing
Milk, Beverage
Alternate Grilled Hotdog on Bun with
Relish Seasoned Butter Beans
Baked Chicken Pattie On Bun with Lettuce,
Tomato, Mayo French Fries, Ketchup
Zucchini & Pepper Salad Chilled Fruit Cup
Alternate
Ham and Pasta Primavera Tossed Salad, Dressing
Pepperoni Pizza
Bread Stick Pickled Beet Salad
Strawberry Ice Cream Milk Beverage
Alternate Chicken Noodle Soup
Chef Salad with Dressing
Tomato Soup with Crackers
Gilled Cheese Sandwich Potato Puffs
Carnival Cupcakes Milk, Beverage
Alternate Shaved Turkey Sandwich on
Wheat, Mayo with Potato Salad
BR
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DIN
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Baked Ham with Pineapple
Sauce Au Gratin Potatoes
Grilled Fresh Squash Biscuit, Margarine
Rice Pudding Milk, Beverage
Alternate
Minestrone Soup Deli Sandwich, Mayo
Homemade Vegetable Soup
Shaved turkey on Wheat Bread with Lettuce and
Tomato Macaroni Salad
Applesauce Milk, Beverage
Alternate
Chicken Salad Sandwich Fruit Cup
BBQ Ham Sandwich
Corn on the Cob Broccoli and Cauliflower
Molasses Cookies
Alternate Beef Barley Soup
Grilled Turkey & Swiss Cheese on Wheat
Fried Chicken, Gravy
Mashed Potatoes Two Bean Blend
Dinner Roll, Margarine Banana
Milk, Beverage
Alternate Italian Sausage with Onion and
Green Peppers Spiced Beets
Turkey Burger on Bun with
Lettuce and Tomato Baked Potato Wedges Honey Glazed Carrots
Chilled Peaches Milk, Beverage
Alternate Grilled Reuben Green Peas
Spaghetti with Meat Sauce Caesar Salad with Dressing Wheat Bread, Margarine
Pineapple Upside Down Cake
Milk, Beverage
Alternate Potato Chowder
Egg Salad Sandwich
Old Fashioned Meatloaf
with Gravy Mashed Potatoes Mixed Vegetables
Wheat Bread, Margarine Mandarin Oranges
Milk Beverage
Alternate Cream of Broccoli Soup Tuna Salad Sandwich
Condiments are available with soups and sandwiches. Food items may change based on diet restrictions! Beverages include coffee (all coffee decaf), Green Tea, Fountain Drinks, Assorted Milk including Lactaid Milk, Iced Tea, Crystal Lite,
Stuffed Chicken Breast
With Gravy Candied Sweet Potatoes
Green Beans Dinner Roll, Margarine Chocolate Cream Pie
Milk, Beverage
Alternate Salisbury Steak with Gravy
Seasoned Corn
Week One Date:
EXHIBIT A (Continued)
RFP-1974 Food Service Contract 32 of 70 06/14/2017
Condiments are available with soups and sandwiches. Food items may change based on diet restrictions! Beverages include coffee (all coffee decaf), Green Tea, Fountain Drinks, Assorted Milk including Lactaid Milk, Iced Tea, Crystal Lite.
Fried Chicken
Mashed Potatoes, Gravy Peas and Carrots
Dinner Roll, Margarine Lemon Pie
Milk, Beverage
Alternate Minestrone Soup
Hamburger on Bun with Lettuce and Tomato,
Mustard
Week Two Date:
EXHIBIT A (Continued)
RFP-1974 Food Service Contract 33 of 70 06/14/2017
Alternate Cream of Potato Soup Deli Hoagie with Mayo
BR
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DIN
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Braised Pork Cutlet with
Gravy Creamed Potatoes
Broccoli Wheat Bread Margarine Mandarin Oranges and
Bananas Milk Beverage
Alternate Turkey Salad on Wheat Marinated Tomato and
Cucumber Salad
Turkey Pot Pie
with Biscuit Carrots
Fruit Cocktail Milk, Beverage
Alternate Cream of Mushroom Soup Chef Salad with Dressing
Sloppy Joe on Bun
Fried Rice Three Bean Salad Vanilla Ice Cream
Milk, Beverage
Alternate Cottage Cheese Fruit Plate
with Banana Muffin
Cream of Tomato Soup
Grilled Cheese Sandwich Green Beans
Fruit Cup Milk, Beverage
Alternate Meatball Sub
Mixed Vegetables
Savory Meatloaf
Mashed Potatoes Peas and Onions
Wheat Bread, Margarine Spice Cake with White Icing
Milk, Beverage
Alternate Split Pea Soup
Ham Salad Sandwich
Navy Bean Soup with
Crackers Grilled Ham and Cheese on
Wheat Cole Slaw
Chilled Peaches Milk, Beverage
Alternate
Taco Salad with Sour Cream
Cheese Lasagna
Tossed Salad Garlic Bread, Margarine Chocolate Pudding with
Topping Milk Beverage
Alternate
Grilled Patty Melt On Rye Bread Glazed Carrots
Condiments are available with soups and sandwiches. Food items may change based on diet restrictions! Beverages include coffee (all coffee decaf), Green Tea, Fountain Drinks, Assorted Milk including Lactaid Milk, Iced Tea, Crystal Lite
Pork Cutlet/Gravy
Mashed Potatoes, Gravy Seasoned Green Peas Dinner Roll, Margarine
Peach Upside Down Cake Milk, Beverage
Alternate
Cheeseburger on Bun with Lettuce and Tomato Seasoned Broccoli
Week Three Date:
EXHIBIT A (Continued)
RFP-1974 Food Service Contract 34 of 70 06/14/2017
Condiments are available with soups and sandwiches. Food items may change based on diet restrictions! Beverages include coffee (all coffee decaf), Green Tea, Fountain Drinks, Assorted Milk including Lactaid Milk, Iced Tea, Crystal Lite
Roast Beef
Baked Potato, Margarine Broccoli and Cauliflower Dinner Roll, Margarine Strawberry Cream Pie
Milk, Beverage
Alternate Turkey a la King over Biscuit
Candied Carrots
Week Four Date:
EXHIBIT A (Continued)
RFP-1974 Food Service Contract 35 of 70 06/14/2017
Supplements, Nourishments, Add-ons, Fortified Foods on any given day.
ITEM PORTION SIZE NUMBER Homemade Shakes (Choco., Strawberry, Vanilla) 8 oz. 27
Sugar-Free Shakes, Assorted Flavors 4 oz. 19
Milkshakes (Assorted Flavors) 4 oz. 52
Milkshakes (Assorted Flavors 6 oz. 22
Honey Thick Shake (Assorted Flavors) 4 oz. 28
Glucose Control (Assorted Flavors) 8 oz. 23
Boost Plus (Assorted Flavors) 8 oz. 27
Ensure Plus (Assorted Flavors 8 oz. 22
Coffee (All coffee is decaf) 6 oz. 5
Carafe Coffee Ea. 1
Green Tea 6 oz. 5
Pepsi/Diet Pepsi 8 oz. 45
Juice 4 oz. 55
Bottled Water (4 oz. and 12.9 oz. size available) Ea. 9
Crystal Light 8 oz. 5
V-Juice 4 oz. 5
Sierra Mist 12 oz. 1
Sprite 8 oz. 1
Diet Ginger Ale /Ginger Ale 8 oz. 36
Soy Milk 8 oz. 3
Chocolate Milk/2 %/Skim/Whole 8 oz. 52
Lactaid Milk 8 oz. 4
Orange Soda 8 oz. 2
Iced Tea 8 oz. 4
Honey Thick Products
Milk 8 oz. 32
Juice 4 oz. 41
Coffee 6 oz. 13
Honey Thick Shake 4 oz. 12
Honey Chocolate Ensure Plus 8 oz. 1
Honey Chocolate Milk 8 oz. 2
Honey Water 8 oz. 12
Honey Milk 8 oz. 9
Honey Juice 4oz. 14
Honey Pepsi 8 oz. 12
Honey Iced Tea 4 oz. 1
Honey Crystal Lite 4 oz. 1
Honey Diet Pepsi 8 oz. 1
Pudding Thick Products
Ensure Plus Pudding Thick 4 oz. 17
Juice Pudding Thick 4 oz. 17
Water Pudding Thick 4 oz. 11
Lactaid 4 oz. 4
Milk 4 oz. 5
Nectar Thick Products
Coffee 6 oz. 20
Juice 4 oz. 63
Milk 8 oz. 35
Ginger Ale 8 oz. 7
Diet Pepsi 8 oz. 4
Pepsi 8 oz. 1
Hot Tea 6 oz. 2
Water 8 oz. 17
Chocolate Milk 8 oz. 1
Orange Soda 8 oz. 1
Root Beer 8 oz. 1
Iced Tea 8 oz. 1
Mountain Dew 8 oz. 1
EXHIBIT A (Continued)
RFP-1974 Food Service Contract 36 of 70 06/14/2017
Supplements, Nourishments, Add-ons, Fortified Foods on any given day (cont.)
Cheese Sandwiches 4 oz. Pasta Salad 4 oz. Pineapple 8 oz. 2% Milk
Salt, Pepper, Mayo 4 slices White Bread
2-2.5 oz. Turkey
Sandwiches 1 cup Tossed Salad
with Tomato 1 ea. Orange
8 oz. Chocolate Milk
Salt, Pepper, Mayo 4 slices White Bread
2 PB & J Sandwiches
(3.2 oz. Peanut Butter, 2 oz. Jelly)
4 oz. Potato Salad 1 ea. Banana 8 oz. 2% Milk
Salt, Pepper 4 slices White Bread
2 - 3 oz. Meat & Cheese Hoagies
5.2 oz. Pasta Salad 4 oz. Peaches 8 oz. 2 % Milk
Salt, Pepper, Mustard, Dressing, Mayo, 2
Kaiser Rolls
D I N N E R
2 Hamburgers
(3 oz. ea.) 2 Hamburger Rolls
4 oz. Creamed Potatoes
4 oz. Green Beans 4 oz. Vanilla Ice Cream
2 pc. Ketchup,
Mustard, Salt, Pepper 1 pkg. Instant Beverage
8 oz. Pasta with Meat
Sauce 4 oz. Peas
4 slices White Bread 1 Brownie Square
2 pc. Salt and Pepper 1 pkg. Instant Beverage
4 ea. Margarine
2 ea. Poultry Franks 2 ea. Hot Dog Rolls
4 oz. Potatoes 4 oz. Sliced Carrots
2 ea. Oatmeal Cookies
2 pc. Ketchup, Mustard, Salt, Pepper
1 pkg. Instant Beverage
2 Chicken Patties
(3 oz. ea.) 2 Hamburger Rolls
4 oz. Pasta and Tomato Sauce
4 oz. Wax Beans 1 square White Cake
2 pc Mayo, Salt, Pepper 1 pkg. Instant Beverage
4 oz. Salisbury
4 oz. Mashed Potatoes 4 oz. Corn
4 slices Wheat Bread 4 oz. Strawberry Ice
Cream
2 pc. Salt & Pepper 1 pkg. Instant Beverage
4 ea. Margarine Pats
8 oz. Macaroni &
Cheese 4 oz. Rice Pilaf
4 oz. Mixed Vegetables 4 slices White Bread 2 ea. Chocolate Chip
Cookies
2 pc. Salt, Pepper 1 pkg. Instant Beverage
4 ea. Margarine Pats
2 Chicken Patties
(3 oz. ea.) 2 Hamburger Rolls
4 oz. Vegetarian Baked Beans
4 oz. Broccoli 1 sq. Chocolate Cake
2 pc. Mayo, Salt,
Pepper 1 pkg. Instant Beverage
Nutrition analysis completed by Provider upon request.
Site items stocked as part of program: Hairnets, gloves, aprons, general purpose food bags, sporks. Condiments are listed above. Dressings include French and Italian.
Following diets must be available based off the regular menu: No Egg or Poultry, No Soy, No Tomato, Low Fat, Gluten Restriction, Peanut Allergy, Finger Foods, Lactose Free, Low Sodium,
Menus developed by Department of Aging Registered Dietitian. Provider completes nutrition analysis yearly or upon request. Portion sizes: Meat, fish, poultry (3 oz. cooked edible portions not to include breading, solid fat or skin) or alternate: Reference Specifications for Department of Aging/LTC for additional
portion size requirements.
Site items stocked as part of program: Plastic forks and spoons, napkins, 8 oz. Styrofoam cups with lids, 12 oz. bowl with lip, 6-inch foam plate, 8 oz. squat cup and lid.
Regular and decaf coffee – large and small envelopes, Sanka pc’s, teabags, decaf teabags, sugar free hot chocolate, sugar free lemonade. Salt and pepper shakers, mayo, mustard, ketchup,
Food Service Specifications – Items required for submission with bid
1. _____Quality Assurance Program for food service operation, including sample forms.
2. _____Specifications indicating grades and qualities of raw food purchases.
3. _____Resumes of prospective Food Service Director, Dietitian and other management personnel. (Waived for
Elderly Nutrition Program meals prepared off site.)
4. _____Master Staffing Plan for food service operation including position titles and FTE’s. (Waived for Elderly
Nutrition Program meals prepared off site.)
5. _____Description of demonstrated experience operating a food service operation of the magnitude and scope
described in the Specifications. (Bidders solely for Elderly Nutrition Program meals prepared off site shall
provide description of demonstrated experience comparable to Elderly Nutrition Program only.)
6. _____List of clients presently served by bidder for food service operations similar to those described in
specifications. (Bidders solely for Elderly Nutrition Program meals prepared off site shall submit clients
comparable to Elderly Nutrition Program only.)
7. _____List of terminated contracts within past 12 months for food service operations.
8. _____Detailed plan of transition in assumption of contract.
9. _____Projected Operating Budget for 2018 according to format in Attachment 1 of Exhibit A. (Waived for
Elderly Nutrition Program meals prepared off site.)
10. _____Proposed wage rate and fringe benefit plan for non-management employees. (Waived for Elderly
Nutrition Program meals prepared off site.)
11. _____Typical four-week cycle menu for Nursing Facility with diet spread sheets. (Waived for Elderly Nutrition
Program meals prepared off site.)
12. _____Plan for Special Features and Services to Nursing Facility Residents. (Waived for Elderly Nutrition
Program meals prepared off site.)
13. _____Plan on how food services will be provided in event of disaster and/or emergency at Nursing Facility.
(Bidders solely for Elderly Nutrition Program meals prepared off site shall submit plan for back-up food services to
Elderly Nutrition Program only.)
14. _____Typical two-week menu for Cafeteria with proposed selling prices. (Waived for Elderly Nutrition
Program meals prepared off site.)
15. _____Typical eight-week cycle menu for Elderly Nutrition Program, Department of Aging/LTC (Waived for
bidders not bidding on Elderly Nutrition Program.)
16. _____Typical one-week cycle menu and diet spread sheets for the Jail. (Waived for Elderly Nutrition Program
meals prepared off site.)
END EXHIBIT B
RFP-1974 Food Service Contract 53 of 70 06/14/2017
Accompanying this proposal is a proposal bond in the amount of $_______________________, which shall become the property of the Owner if, in case this proposal shall be accepted by the Owner, the undersigned shall fail to provide the required performance bond to the Owner within fifteen days after the date of the County’s giving notice of acceptance, by mailing, telegraphing or delivering written notice. If written notice of the acceptance of this Proposal is delivered to the undersigned within forty-five days after the day of opening of the proposals or after expiration of such forty-five days and prior to the withdrawal of the proposal by the undersigned, the undersigned will, within ten (10) business days after the date of delivery of such notice, execute and deliver the Contract or Contracts in the form of the Agreement attached hereto, or in a special Contract form that may be drawn up in accordance with the County Attorney’s requirements. In the event that addenda are issued, the undersigned hereby acknowledges the receipt of same and agrees that they are bound by all addenda, whether or not listed herein:
Addendum # ___________ Addendum # _______________ Addendum #_______________ ____________________________________________________________________________________________ Name of Proposer or Authorized Representative ____________________________________________________________________________________________ Signature of Proposer or Authorized Representative Date ____________________________________________________________________________________________ Name and Address of Company ____________________________________________________________________________________________ Telephone, Cellular Phone, and Fax Numbers of Proposer
FORM SUBMISSION FOR PROPOSAL: RFP-1974 CHEMUNG COUNTY FOOD SERVICE CONTRACT FOR CHEUMNG COUNTY NURSING FACILITY, THE CHEMUNG COUNTY JAIL AND OFFICE FOR THE AGING.
TO THE COUNTY OF CHEMUNG: The undersigned hereby declares that he has carefully examined all proposal and contract documents and all interpretations of any addenda to the Contract Documents issued by the County of Chemung and that he has satisfied himself as to all the quantities and conditions, and understands that in signing this Proposal he waives all rights to plead any misunderstanding regarding the same. Pursuant to and in compliance with the Advertisement for Proposals and the Documents relating thereto, the Proposer hereby offers to furnish all equipment and whatever else is necessary or proper for, or incidental to, the completion of this Contract, as required by and in strict compliance with the applicable provisions of all contract documents, for the following proposal prices:
RFP-1974 Food Service Contract 54 of 70 06/14/2017
FORM FOR SUBMISSION OF BID FOR: FOOD SERVICES CONTRACT
EXHIBIT C-1: BID PRICING PAGE for COMPLETE OPERATION ON SITE
Period Covered by Bid: January 1, 2018 to December 31, 2018
I. Food Service Operation Bid: Each program's pricing must be itemized as follows:
A. NURSING FACILITY
Guaranteed Annual Cost for Full Service in 2018: $__________________
RFP-1974 Food Service Contract 59 of 70 06/14/2017
REGRET LETTER
TO WHOM THIS MAY CONCERN:
If you do not plan to bid on this offering, but wish to remain on our active vendor list, you must complete this form and return to this office by the bid due date.
Thank you for your cooperation.
Very truly yours,
KYLE M. WIEDER DEPUTY PURCHASING COORDINATOR
REASON FOR NOT BIDDING
RECEIVED BID PACKAGE TOO LATE
NOT ENOUGH TIME TO DEVELOP BID
NOT SUFFICIENT DETAILS
JOB TOO LARGE
JOB TOO SMALL
NOT INTERESTED IN THIS TYPE OF MATERIAL/SERVICE
WORKING AT FULL CAPACITY AT THIS TIME
CANNOT MEET TIME SCHEDULE FOR COMPLETION OF JOB
SPECIFICATIONS TOO RESTRICTIVE
OTHER ___________________________
Contractor/Vendor
REQUEST NUMBER:
RFP-1974 Food Service Contract 60 of 70 06/14/2017
NON-COLLUSIVE PROPOSALDING CERTIFICATE PURSUANT TO 103d OF THE GENERAL MUNICIPAL LAW OF THE STATE OF NEW YORK
A. By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:
(1) The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor;
(2) Unless otherwise required by Law, the prices which have been quoted in this proposal have not been knowingly disclosed by the propos alder and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly, to any other proposer or to any competitor; and
(3) No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.
B. A proposal shall not be considered for award nor shall any award be made where (a)-(1), (2) and (3) have not been complied with; provided however, that if in any case the proposer cannot make the foregoing certification, the proposer shall so state and shall furnish with the proposal a signed statement which sets forth in detail the reasons therefor. Where (a)-(1), (2) and (3) have not been complied with, the proposal shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the proposal is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition. The fact that a proposal (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being proposal, does not constitute, without more, a disclosure within the meaning of subparagraph one (a). By submission of this proposal, the undersigned hereby affirms the truth of the foregoing certification under the penalties of perjury. ____________________________________________________________________________ Signature of Proposer ALL PROPOSERS MUST SIGN THIS CERTIFICATION PRIOR SUBMISSION OF THE PROPOSALS.
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WAIVER OF IMMUNITY PURSUANT TO 103a OF THE GENERAL MUNICIPAL LAW OF THE STATE OF NEW YORK
The Contractor and/or Vendor and/or Supplier, pursuant to General Municipal Law, section 103a, hereby agrees to the provisions in the law which require that upon refusal of a person, when called before a Grand Jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a Public Authority or with any public department, agency or official of the State or of any political subdivision thereof or of a public authority, to sign a Waiver of Immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract.
(a) Such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting proposals to or receiving awards from or entering into any contract with any municipal corporation or fire district or any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal, and to provide also that
(b) Any and all contracts made with any municipal corporation or any public department, agency or official thereof, since the effective date of this Law, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be canceled or terminated by the municipal corporation or fire district without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation or fire district for goods delivered or work done prior to the cancellation or termination shall be paid.
____________________________________ Authorized Signature for Proposer ____________________________________ Title
____________________________________ Date
(Corporate Seal, if any) (If no seal, write “No Seal” across this place and sign)
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IRANIAN ENERGY DIVESTMENT CERTIFICATION
Pursuant to Section 103-g Of the New York State
General Municipal Law
A. By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid, each party thereto certifies as to its own
organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the New York State Finance Law.
B. A Bid/Proposal shall not be considered for award, nor shall any award be made where the
condition set forth in Paragraph A above has not been complied with; provided, however, that in any case the bidder/proposer cannot make the foregoing certification set forth in Paragraph A above, the bidder/proposer shall so state and shall furnish with the proposal a signed statement which sets forth in detail the reasons therefore. Where Paragraph A above cannot be complied with, the Purchasing Unit to the political subdivision, public department, agency or official thereof to which the bid/proposal is made, or his designee, may award a bid/proposal, on a case by case business under the following circumstances:
1. The investment activities in Iran were made before April 12, 2012, the investment activities in
Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has
adopted, publicized and is implementing a formal plan to cease the investment activities in Iran
and to refrain from engaging in any new investments in Iran; or
2. The political subdivision makes a determination that the goods or services are necessary for the
political subdivision to perform its functions and that, absent such an exemption, the political
subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.
___________________________________ Signature
___________________________________ Title
______________ ___________________________________ Date Company Name
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Employer identification number
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Part I
Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
Social security number
–
–
TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter.
Part II Certification
Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3.
General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9.
Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2.
By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information.
Cat. No. 10231X Form W-9 (Rev. 12-2014)
Sign Here
Signature of U.S. person ▶ Date ▶
Prin
t or t
ype
See
Spec
ific
Inst
ruct
ions
on
page
2.
Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service
Request for Taxpayer Identification Number and Certification
Give Form to the requester. Do not send to the IRS.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification; check only one of the following seven boxes: Individual/sole proprietor or C Corporation S Corporation Partnership Trust/estate single-member LLC Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶
Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner.
Other (see instructions) ▶
4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any)
Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) Requester’s name and address (optional)
6 City, state, and ZIP code
7 List account number(s) here (optional)
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Advertisement Date _______________ Bid Opening Date
Chemung County Legislature Resolution Number ____________________ Date ******************************************************************************************************* Chemung County has considered your proposal submitted for the above entitled bid, or a portion thereof as detailed on any attachment to this notice. You are required to execute the Agreement and furnish any required Performance BOND, Payment BOND, and certificate of insurance within ten (10) business days from the date of this Notice. If you fail to execute said Agreement and to furnish said BONDS within ten (10) business days from the date of this Notice, Chemung County will be entitled to consider all your rights arising out of the County’s acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The County will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD within five (5) calendar days to: Chemung County Department of
Street Address
Post Office Box___________ City ____________________ State ______________ Zip Code
Telephone___________________________________ Fax
By: Department Head Signature Typed Name/Title DATED the _________________ day of _________________, 20___. ******************************************************************************************************* ACCEPTANCE OF NOTICE OF AWARD NOTICE OF AWARD is hereby acknowledged and accepted. By: Authorized Signature Typed Name/Title For: Organization DATED the ________________day of___________________, 20___.
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COUNTY OF CHEMUNG, NEW YORK
****NOTICE TO PROCEED****
Issued to: Company Name _______________________________________________________________
Company Address _____________________________________________________________
Company City/State/Zip ________________________________________________________
Proposal Number and Title __________________________________________________________________
******************************************************************************************************* PLEASE BE ADVISED that work may begin on the above contract on , 20____ and shall be completed on or before _____________________________________ 20_____. Chemung County Project Manager:
PH: _________________ FAX_________________ Mobile PH: _____________ Email:
Project Engineer:
PH: _________________ FAX_________________ Mobile PH: _____________ Email:
******************************************************************************************************* You are required to return an acknowledged copy of this NOTICE TO PROCEED within five (5) calendar days of the date of this Notice to:
Chemung County Department of
Street Address Post Office Box City State Zip Code Telephone Fax By: Department Head Signature Typed Name/Title DATED the _________________ day of _________________, 20___. ******************************************************************************************************** ACCEPTANCE OF NOTICE TO PROCEED
NOTICE TO PROCEED is hereby acknowledged and accepted.
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AGREEMENT FORM THIS CONTRACT, made and entered into this ______day of ______________, _____ by and between the County of Chemung, 203 Lake Street, Elmira, New York 14901 (Administrative Office address), hereinafter designated as the OWNER, and: Hereinafter designated the CONTRACTOR. WITNESSETH: That the parties hereto, each in consideration of the Agreements of the part of the other herein contained, have mutually agreed and hereby mutually agree, the OWNER for itself and its successors and the CONTRACTOR for itself, himself, herself, or themselves and its successors, his, hers, or their executors, administrators and assigns as follows: Article 1. DESCRIPTION: Under this Agreement and Contract, the CONTRACTOR shall proceed with such project or services as hereby described: Article 2. In consideration of the payments to be made as hereinafter provided, and of the performance of the Owner of all of the matters and thing to be performed by the Owner and herein provided; the Contractor agrees, at his/her own sole cost and expense, to perform all the labor and services and to furnish all the labor and materials, plant and equipment necessary to complete, and to complete in good, substantial, workmanlike and approved manner, the work described under Article 1. Hereof, within the time hereinafter specified and in accordance with the terms, conditions and provisions of this Contract and with the instructions, orders and directions as contained in the proposal package and specifications, made in accordance with this Contract. Article 3. The Owner agrees to pay and the Contractor agrees to accept as full compensation for all work done, and materials furnished and equipment and supplies sold, and also for all costs and expenses incurred and loss or damages sustained by reason of the action of the elements, or growing out of the nature of the work, or from any unforeseen obstruction or difficulty encountered in the prosecution of the work, and for all risks of every description connected with the work, and for all expenses incurred by, or in consequence of, the suspension or discontinuance of the work as herein specified, and for faithfully completing the work and the whole thereof as herein provided, and for maintaining the work in good condition until the final payment is made, the prices stipulated in the Proposal hereto attached. Article 4. The following documents shall constitute integral parts of the agreement, the whole to be collectively known and referred to as the Contract Documents: Proposal Documents and Specifications; Addenda; Plans or Drawings; Non-Collusion Proposal Certificate; Waiver of Immunity; Proposer’s submittals; Agreement form; Site Entry and Indemnity; Insurance Certificate; Proposal Bond and/or Performance Bond; Notice of Award; Notice to Proceed.
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The Table of Contents, Headings and Titles contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents, and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. Article 5. If the Contractor shall fail to comply with any of the terms, conditions, provisions or stipulations of this Contract, according to the true intent and meaning thereof, then the Owner may make use of any or all remedies provided in that behalf in the Contract and shall have the right and power to proceed in accordance with the provisions thereof. Article 6. The following alterations and addenda have been made and included in this Contract before it was signed by the parties hereto: IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals and have executed this Agreement, By: (Contractor) (Seal) _____________________________ Signature _____________________________ Company Name _____________________________ _____________________________ Company Address By: (Owner - County) (Seal) _____________________________ Signature _____________________________ Title
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SITE ENTRY AGREEMENT AND INDEMNITY
Date:_______________ Owned and/or Operated by the following: CONTRACTOR:__________________________________ Print Name ___________________________________ Address ___________________________________ ( )_______________________________ Phone __________________________________ Person to Contact SITE/PROJECT:__________________________________________________________________________ Subject to the terms and conditions herein stated and agreed to by the above named Contractor, the above named Owner does hereby give permission to Contractor to enter the above named project. A. INSURANCE: Contractor represents and warrants that Contractor has in force the following insurance coverage applicable to their operations. 1. Workers’ Compensation and Employers Liability coverage for all employees, including corporate officers, partners and proprietors. B. Commercial General Liability Insurance, including but not limited to project & operations, personal injury, products-completed operations, contractual liability covering the liability assumed under this Site Entry Agreement and Indemnity. The minimum limits of liability applicable to this insurance will be at least $1,000,000 each occurrence and $2,000,000 General aggregate. For products and completed operations aggregate, the limit will be at least $2,000,000. The policy will be endorsed providing the per location aggregate endorsement CG2504. Comprehensive Automobile Liability with combined bodily injury and property damage of at least $1,000,000 such coverage to include all owned, non-owned and hired vehicles. Umbrella Excess Liability, with limits for each occurrence of at least $1,000,000 and an aggregate limit of at least $1,000,000., unless otherwise stated in specifications. Owner is to be named as an additional insured on a primary basis on all policies including completed operations with the exception of workers’ compensation and a certificate of insurance will be provided within 48 hours of request by owner. All certificates of insurance will provide 30 days notice to owner of cancellation or non-renewal. Contractor waives all rights of subrogation against owner and will have all policies endorsed setting forth this waiver of subrogation. CONTRACTOR’S EQUIPMENT: All equipment owned by Contractor, and used at the Project, is at the sole responsibility of the Contractor and will be insured or self-insured by Contractor.
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INDEMNITY: To the fullest extend permitted by law, Contractor shall defend, indemnify and hold harmless OWNER and its agents, employees and representatives from an against all liabilities, claims, damages, losses and expenses (including, but not limited to, attorney’ fees, whether incurred as a result of a third party claim or to enforce this provision) arising out of or resulting directly or indirectly from the performance of the work or the enforcement of the contract documents, irrespective to whether there is a breach of a statutory obligation or rule of apportioned liability; provided, however, that Contractor’s indemnification obligation shall not apply to the extent it is caused by the negligence of a person indemnified and indemnification of such person is precluded specifically by applicable law. Contractor’s indemnification obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any part or person described in this paragraph. LIMITATION ON ENTRY: Contractor’s rights to enter onto the project are subject to cancellation if Contractor does not provide evidence of required insurance coverage to owner within 48 hours of owner’s request. AUTHORIZATION: The individual signing this Site Entry Agreement and Indemnity for Contractor is authorized to sign this document on behalf of Contractor (and if Owner requests, will provide evidence of such authority to owner within 24 hours). RECEIPT OF COPY: Contractor acknowledges receipt of a copy of this Site Entry Agreement and Indemnity. IT IS AGREED that any clause of the Agreement that is found to be void and unenforceable will not affect the enforceability of any of the remaining provisions. CONTRACTOR: APPROVAL OF OWNER: (Name of Company) (Signature) (Print Name & Title) (Signature)
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