Procurement Department

Date: March 3, 2017

REQUEST FOR PROPOSAL (RFP)

# RFP-SARC-0037-18MC

BID DESCRIPTION: Window Washing Equipment Maintenance and Inspection

BID DEADLINE: March 22, 2017 by 5pm EDT

The Seneca Gaming Corporation Procurement Department is requesting bids for the above mentioned goods/service. All communications regarding this bid should be addressed to:

Seneca Gaming Corporation - Procurement Department

Attn: Matthew Crvelin

310 Fourth Street

Niagara Falls, NY 14303

RE: # RFP-SARC-0037-18MC

Telephone: (716) 501-2190

All questions should be submitted in writing and answers will be distributed to all bidders.

Proposals must be received by the Procurement Department on or before the date stated above by 5:00 pm ET. Proposals received after the deadline will not be considered. SGC recognizes e-mail as a sealed response in relation to this RFP.

I. Scope and Intent

Seneca Gaming Corporation (hereinafter referred to as SGC) is seeking an authorized vendor for maintenance and inspection of two window washing booms located at the Seneca Allegany Resort & Casino (hereinafter referred to as SARC) to obtain a contract for goods & services for a period of three (3) years, effective July 1, 2017.

II. Specifications

The enclosed details related to the goods and/or services in this RFP are based upon the operating department’s requirements.

·  Vendor must supply an inspection checklist to SGC Management at time of inspection.

·  The equipment is to be serviced at the place where the equipment is permanently installed.

·  Vendor must comply with ANSI and OSHA standards.

·  Include Rates of Service for annual inspection, pre-use inspection, and additional services, including premium hourly rates and what determines premium time.

·  Include response time and any additional premium costs for a call in of emergency R&M, if needed.

·  Vendor will furnish all lubricants, solvents, cleaning materials, consumable supplies and incidentals.

·  Replacement parts and/or repairs not mentioned on the inspection checklist should be indicated on the service maintenance report, which shall be presented to SGC Management.

Equipment Covered

·  SARC owned: Tractel Swing Stage

·  SARC owned: Manntech BMU, Type 6, Item Number: W-15444

Inspection Checklist

The inspection checklist should include, but is not limited to, the following:

·  Clean and lubricate all mechanisms as required

·  Check gearbox lubricant as required

·  Inspect breaking mechanisms for wear, check for proper functioning and adjust as required

·  Inspect suspension cables for wear, damage and corrosion

·  Check suspension fittings and suspension members

·  Check and adjust as required all safety limit switch settings

·  Replace any defective pilot lights

·  Replace defective or absent cotter pins, spring pins and keepers

·  Verify proper functioning of all mechanisms

·  Inspect all wiring for damage or deterioration and tighten any loose connections

·  Check function of electrical controls

·  Inspect roof anchorages, rail system, or tie-downs as applicable

·  Inspect and lubricate stage building face bumper rollers and engagement devices

III. Schedule of Events:

Request for Proposal issued 3/3/17

Request for Optional Vendor Walkthrough by 3/8/17 at 5:00 PM

Walkthrough requests will be scheduled the week of 3/13/17

Questions Submitted by 3/17/17 at 5:00 PM

Request for Proposal due 3/22/17 by 5:00 PM

IV. Vendor Requirements:

A.  Performance: Bidders must have the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFP. Subcontracting of services is not permitted without advance, express written consent. Goods/services must be provided by the entity submitting proposal.

B.  Risk Management/Insurance: At all times, during the fulfillment of any resulting Purchase Order or Contract, the Awarded Vendor(s) shall obtain and keep in force insurance coverage acceptable to SGC’s Risk Management Department. SGC’s insurance requirements for vendors vary according to the nature of the contract and degree of risk, but normally include general liability, automobile liability, and workers’ compensation coverage. In addition, in appropriate cases, SGC may require professional liability/errors & omissions coverage and/or network security/data privacy coverage. Proof of insurance coverage must be provided to SGC Risk Management Department. For any questions regarding insurance, please contact the Risk Management Department at .

Failure to maintain requisite insurance will entitle SGC to immediately rescind and/or terminate any resultant business relationship and contract with Awarded Vendor.

SGC will need to be named as additional insured on the General and Auto Liability policies:

SENECA GAMING CORPORATION AND THEIR PARENT, SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS ON THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES. A WAIVER OF SUBROGATION APPLIES ON ALL POLICIES IN FAVOR SENECA GAMING CORPORATION.

For any questions regarding insurance, please contact the Risk Management Department at . Please reference the Request for Proposal (RFP) number and Bid Description.

Failure to maintain requisite insurance will entitle SGC to immediately rescind and/or terminate any resultant business relationship and contract with Awarded Vendor.

C.  Safety Plan: In addition to specified insurance requirements that contractors are required to furnish their corporate safety manual AND a site specific safety plan (including job safety analyses, if applicable). Also, upon being awarded the contract the contractor must submit copies of all safety and operator training certifications applicable to the project for each employee who will work onsite.

D.  Vendor Registration: Awarded Vendor(s) agrees to submit a completed Vendor Registration Form and designated fees as required by SGC’s regulator, the Seneca Gaming Authority (SGA). It is the Awarded Vendor(s) responsibility to fulfill the requirements, submit information and cooperate with any SGA investigation into its business functions, structures and principals when sales by said Awarded Vendor may reach or exceed Seventy Five Thousand Dollars ($75,000); and to maintain the registration/license through the duration of any purchase order or contract resulting from this RFP. Failure to do so will entitle SGC to immediately rescind and/or terminate any resultant contract or business relationship and may result in the suspension of payments to the Awarded Vendor.

E.  The SGA may also, in an appropriate case, require the licensure of individual employees of the Awarded Vendor who perform certain services that are or may be closely associated with SGC’s casino operation.As SGA retains the discretion to make this type of determination on a case-by-case basis, SGC is unable at the RFP point in the bidding process to state definitively whether such licensure will be required in any particular case.

F.  Seneca Nation of Indians Business License: In addition to SGA licensure, Awarded Vendor(s) with a calendar year spend of over $10,000 are required to obtain a Seneca Nation of Indians (SNI) business license throughout the course of any contract or business dealings with SGC. It is the Awarded Vendor(s) sole responsibility to maintain and renew the SNI business license in accordance with the terms set forth in the “Seneca Nation of Indians Business Code”. The cost of the license is currently $150 per calendar year. The Awarded Vendor must submit the application, together with the requisite fee, within 30 days following award of contract, to the following address: Seneca Nation of Indians, Business Permit Office, 12837 Rte. 438, Irving, NY 14081. To obtain the application form, and for any questions, please contact the SNI Business Office at (716) 532-4900, ext. 5033 or visit the SGC website at http://www.senecagamingcorporation.com/corp_standards.cfm. A copy of the Awarded Vendor’s application should contemporaneously be sent to Seneca Gaming Corporation - Procurement Department, 310 Fourth Street, Niagara Falls, NY 14303.

G.  Confidentiality: This document contains information (and Bidders may have access to) confidential information of the SGC and/or its affiliate. Bidders are authorized to use this information solely in connection with the preparation of a response to this RFP and fulfillment of any resulting purchase order or contract award. In submitting response(s) to this RFP, Bidder(s) agree and represent that the Bidder(s) will not directly or indirectly use the Confidential Information beyond the scope of the authority granted by SGC or disseminate, disclose or in any way reveal the Confidential Information or any part thereof, except upon the express written approval of SGC. SGC will keep all documents received from Bidders on a confidential basis, save to the extent disclosure is required to comply with requirements of SGC’s corporate Charter, as regards the approval of SGC’s Audit Committee, Board of Directors and Council of the Seneca Nation of Indians, if applicable.

H.  Disclosure of Potential Conflicts of Interest: If Bidder, or any director, officer, employee or owner of Bidder has a business or personal relationship with a director, officer or employee of the Seneca Gaming Corporation (or its affiliates) that may create a conflict of interest, or appearance of impropriety, for or relating to such director, officer or employee in connection with the entry into, or ongoing performance of, the transaction(s) or service(s) contemplated under this RFP, Bidder must disclose such conflict to the Corporation, in writing, to the extent Bidder has knowledge thereof.

I.  Kickback Covenant: SGC will not tolerate Kickbacks in any form. A “Kickback” shall be defined as any cash, fee, commission, credit, gift, gratuity, thing of value or compensation of any kind in exchange for favorable treatment in obtaining or retaining any purchase order or contract servicing SGC. Bidder agrees that its officers or employees have not and will not provide or attempt to provide, either directly or indirectly, any Kickback to any employees of SGC, the Seneca Nation of Indians (the “Nation”) or their respective officers, directors, employees or agents, nor to any citizens of the Nation.

J.  Conditions: Bidders shall question the conditions under which the goods and/or services will be used by SGC to guarantee the goods and/or services will be of sufficient quality and fit for the purposes of the bid specification. To proceed with the supply of goods and/or services shall mean acceptance of site conditions. Failure to comply with this clause shall in no way serve as the basis of any claims by the Bidder against SGC. No allowances will be made for failure to make proper site investigations or to completely understand the full nature of the requirements involved.

K.  Monetary threshold: At no time will the Awarded Vendor’s aggregate fees, billings, requests for reimbursement and/or invoices (collectively, “Billings”) to SGC exceed two million nine hundred ninety-nine thousand nine hundred ninety-nine dollars ($2,999,999) (the “monetary threshold”) unless and until advance written authorization to exceed the monetary threshold is granted by the Council of the Seneca Nation of Indians. SGC will not be liable for Billings which exceed the monetary threshold unless the requisite approval of the Council of the Seneca Nation of Indians has been obtained, Awarded Vendor must notify SGC when aggregate Billings reach the level of two million five hundred thousand dollars ($2,500,000). For this purpose, the term “SGC” includes the Seneca Gaming Corporation and all subsidiaries.

L.  Standard Service Agreement: Awarded Vendor will be expected to sign SGC’s standard services agreement, subject to such changes as are necessary to reflect the terms of this RFP and Awarded Vendor’s bid or proposal, and such further changes as the parties, acting reasonably, may agree.

V. Bid Information:

A.  This RFP does not commit SGC to award a contract, to pay any costs incurred in the preparation of the RFP, nor to procure or contract for services or supplies.

B.  Alternate Proposals (if applicable) are accepted based on the following conditions: SGC will consider alternative proposals from Bidders provided they have submitted a response based on the original requirements. The alternative Proposal will be submitted separate and apart from the basic Proposal. It is assumed that the materials included in the alternate Proposal meet all of the qualifications of the original Proposal. Bidders must apply in writing for SGC permission to use substitute materials or methods. In such circumstances, the Bidder must state the return on investment/benefit(s) in increased efficiency, longevity and or monetary value to be derived through use of substitute materials or methods.

C.  Proposal- Awarded Vendors should expect that their response to the RFP and any accompanying supporting materials (collectively, the “Proposal”) will be incorporated into any contract signed with Seneca Resorts and Casinos.

D.  Bidders are advised that the actual items and quantities which may be required are subject to change based on the needs of the SGC departments or business units for which the goods and/services are destined.

E.  Tax Exempt Status: Seneca Gaming Corporation is a governmental instrumentality of the Seneca Nation of Indians and will provide a New York State tax exemption certificate issued in the name of the Seneca Nation of Indians, as applicable.

F.  Minority Bidders: SGC encourages Bidders to solicit Native American, minority or women-owned businesses and small disadvantaged businesses as potential product suppliers. If your company falls into any of these categories, please note as such on your proposal.

G.  Payment Terms: Please provide your most competitive pricing and any additional offers. SGC will compensate Awarded Vendors based on submitted invoices according to payment and cycle dates mutually agreed upon and stated in the contract. SGC standard payment terms are FOB destination, Net 45 days after delivery of goods and/or services and receipt of a correct invoice. Bidder is encouraged to indicate any additional early payment/ discount terms in its Proposal. It is the policy of SGC not to provide deposits unless significant discounts or special circumstances apply.

H.  Pricing:

Prices are fixed during the term of the contract.

I.  Travel time and expenses: Travel time and travel expenses are not compensable.

J.  SGC Standard Terms and Conditions: Any purchase order or contract flowing from this RFP is subject to the terms and conditions hereof as well as to SGC Terms and Conditions which are available on the following website: http://www.senecagamingcorporation.com/corp_standards.cfm. Reference to, or inclusion of, the Bidder’s preprinted terms and conditions with Bidder’s Proposal will not be considered as exception to SGC Terms and Conditions.

K.  Audit/Performance Review: SGC must be permitted to conduct financial or inventory audit(s) with any or all of its Procurement, Financial and/or Internal Audit resources (or using a third party accounting/auditing firm )during or after the term of the contract with Awarded Vendor. Contract audits may also be performed periodically to evaluate performance against pre-determined metrics and focus on what can be improved.