REQUEST FOR PROPOSALS
Towing Services for DRPA and PATCO
October 26, 2017
Questions Due Thursday, November 9, 2017 at 2:00 PM EST
Proposals Due Thursday, November 30, 2017 at 2:00 PM EST
Delaware River Port Authority One Port Center 2 Riverside Drive P.O. Box 1949 Camden, NJ 08101 Attention: Siata Freeman Sheriff Phone: (856) 968-2086 Fax: (856) 968-2113 [email protected]
REQUEST FOR PROPOSALS TOWING SERVICES
DISCLAIMER
The contents and information provided in this Request for Proposals (hereinafter, “RFP”) are meant to provide general information to interested parties. The firm(s) chosen by the Delaware River Port Authority (hereinafter, “DRPA”) will be required to execute a contract (hereinafter, “the Agreement”) with the DRPA that will govern the rights, duties and obligations between the DRPA and the chosen firm(s). ACCORDINGLY, THE TERMS SET FORTH WITHIN THIS RFP DO NOT CONSTITUTE A CONTRACT BETWEEN THE DRPA AND SUCCESSFUL PROPOSER(S) (HEREINAFTER, “TOWING CONTRACTOR(S)”). MOREOVER, THE DRPA ACCEPTS NO RESPONSIBILITY FOR ANY OMISSIONS OR DELETIONS RELATING TO THIS RFP.
SOLICITATION LETTER
This RFP is being issued by the DRPA to invite qualified firms (hereinafter, “Proposers”) to submit proposals (hereinafter, “Proposals”) to provide towing services (hereinafter, “Towing Services” or “Services”) for the DRPA and its wholly-owned subsidiary, the Port Authority Transit Corporation (hereinafter, “PATCO”).
STATEMENT OF RIGHTS FOR THE DRPA
1. To select and enter into an Agreement with a Proposer whose Proposal best satisfies the interests of the DRPA and PATCO. 2. To determine, in the DRPA’s sole discretion, which Proposers are responsive and deemed qualified. The DRPA may reject non-responsive Proposals without evaluation, but also has the right to, in its sole discretion, waive minor non-compliance. 3. To issue amendments to this RFP. 4. To conduct investigations with respect to the qualifications of each Proposer. 5. To negotiate with Proposers for amendments or other modifications to their Proposals. 6. To modify dates. 7. All Proposals to this RFP are at the sole expense of the Proposer and with the express understanding that no claim can be made for reimbursement from the DRPA for the expense of preparation or submittal.
QUESTIONS
Any questions regarding this RFP must be sent electronically to both Siata Freeman Sheriff, Contract Administrator, Contract Administration, at [email protected] and Amy Ash, Manager, Contract Administration, at [email protected]. Please put “Towing Services” in the subject line of your email. The deadline for submission of questions is 2:00 PM EST, Thursday, November 9, 2017. Questions submitted after this date will not be answered. Questions presented by any Proposer and the DRPA’s answers to such questions will be shared with all Proposers who are being considered.
2. DRPA will not be bound by any formal explanation, clarification, or interpretation, whether oral or written and by whomever made, that is not incorporated into an Addendum duly issued by DRPA.
THE DRPA WILL NOT HONOR ANY ATTEMPT BY A PROPOSER TO DESIGNATE ITS ENTIRE RESPONSE AS PROPRIETARY AND/OR TO CLAIM COPYRIGHT PROTECTION FOR ITS ENTIRE RESPONSE.
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3. TABLE OF CONTENTS
I. INTRODUCTION
A. General Overview B. Purpose and Intent C. Term of Engagement
II. TIME REQUIREMENTS
III. SCOPE OF SERVICES
IV. PROPOSAL REQUIREMENTS
A. General Information B. Technical Proposal Requirements C. Cost Proposal Requirements D. Submission Requirements
V. SELECTION PROCESS
A. Evaluation Criteria B. Selection Process C. Approval and Award D. Execution of Agreement
VI. STANDARD CONTRACT CLAUSES
A. Insurance B. Save and Hold Harmless C. Termination D. Work Product and Modification E. Duty of Confidentiality and Non-Disclosure F. Non-Discrimination Provisions G. Political Payments and/or Contributions H. Sub-Contracting I. Application of Laws and Regulations J. Audit and Inspection of Records K. Independent - Contractor L. Governing Law M. Entire Agreement N. Waiver O. Captions P. Severability Q. No Third Party Beneficiaries R. Notices
EXHIBIT A – Addresses EXHIBIT B – Towed Vehicle Report EXHIBIT C – Fee Schedule Quotation Form EXHIBIT D – Request for Removal of Abandon Vehicle EXHIBIT E – Vendor Political Contributions Policy, with Disclosure Form and Certification
4. SECTION I
INTRODUCTION
A. GENERAL OVERVIEW
The Delaware River Port Authority (DRPA) is a bi-state corporate instrumentality of the State of New Jersey and the Commonwealth of Pennsylvania. The DRPA owns and operates four major toll bridge crossings of the Delaware River; the Benjamin Franklin Bridge, Walt Whitman Bridge, Commodore Barry Bridge, and Betsy Ross Bridge., along with administrative and maintenance buildings and adjacent real estate and approach roads.
The DRPA also owns or leases the real estate and capital facilities that compromise the PATCO “High Speed Line,” a rapid transit, electronic commuter train line operating between Lindenwold, New Jersey and Philadelphia, Pennsylvania. The PATCO transit system includes an Administrative & Maintenance Facility at Lindenwold and 13 stations along the approximately 14.2 mile route. DRPA owns the nine stations in New Jersey and leases the four Philadelphia stations from the City of Philadelphia. PATCO provides transportation to approximately 34,000 riders a day. PATCO provides parking for over 12,000 cars at seven of the nine New Jersey stations: Lindenwold, Ashland, Woodcrest, Haddonfield, Westmont, Collingswood, and Ferry Ave.
When used collectively, DRPA and PATCO will hereinafter be referred to as “the Authority.”
Additional information regarding the DRPA and its operations can be obtained by reviewing the annual reports available on the DRPA’s website at www.drpa.org, “About DRPA, Annual Reports.” (Note: Annual Reports for the years 2001 through 2015 have been posted to the DRPA’s website.)
B. PURPOSE AND INTENT
The DRPA is soliciting Proposals to provide Vehicle Towing Services on an as-needed basis for passenger cars, light trucks (including vans, limousines, and 4-wheel drive vehicles, etc.), heavy duty trucks, truck/tractor combinations, buses and related equipment (hereinafter referred to collectively as “Vehicles”) from the following locations: the Betsy Ross, Benjamin Franklin, Walt Whitman and Commodore Barry Bridges; the parking lot of the DRPA home office at One Port Center in Camden, New Jersey; the parking lot of the PATCO home office at Lindenwold, New Jersey, and the parking lots and driving areas located at seven of PATCO’s New Jersey train stations – the Lindenwold, Ashland, Woodcrest, Haddonfield, Westmont, Collingswood and Ferry Avenue Stations. Vehicles will be towed to either the Towing Contractor’s storage facility or the DRPA Impound Yard located at each bridge facility. Causes for towing and removal include, but are not limited to: Vehicles involved in an accident; disabled, abandoned or stolen Vehicles; Vehicles involved in a criminal incident; and, Vehicles subject to parking or other motor vehicle violations. It shall be at the discretion of the DRPA Police as to where the Vehicles are to be towed and stored by the Towing Contractor.
5. C. TERM OF ENGAGEMENT
The initial term of the Agreement shall be for three (3) years, with an option for two (2) one-year extensions at the discretion of DRPA and the concurrence of the Towing Contractor(s).
The Towing Contractor understands and agrees that the DRPA reserves the right to terminate or modify the Agreement at any time and for any reason whatsoever, upon giving not less than thirty- (30) days prior written notice to the Towing Contractor. In the event of the DRPA's exercising such right of termination or modification, the DRPA shall be without any liability whatsoever. The Towing Contractor agrees that it shall not be entitled to any damages of any nature whatsoever in the event of such termination or modification.
In the event Services are terminated either by contract expiration or by termination by DRPA, the Towing Contractor shall continue Towing Services until alternative Towing Services are completely operational. At no time shall this period of continuing Towing Services by Towing Contractor extend beyond ninety (90) days from termination date.
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6. SECTION II
TIME REQUIREMENTS
ANTICIPATED SCHEDULE
Activity Completion Date
RFP Issued October 26, 2017
Questions due November 9, 2017
Answers provided November 16, 2017
Proposals Due* November 30, 2107
Site Visit of Impound Lots if December, 2017 necessary
Anticipated Board Approval February, 2018
Estimated Expiration of PA and NJ March, 2018 Governor’s Veto Period
Anticipated Commencement Date April 1, 2018 of Services**
*FAXED OR E-MAIL PROPOSALS WILL NOT BE ACCEPTED. LATE PROPOSALS WILL NOT BE CONSIDERED.
**Following DRPA Issuance of Notice to Proceed.
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7. SECTION III
SCOPE OF SERVICES
The Scope of Services the Authority requires includes vehicle Towing Services on an as-needed basis from various bridges and parking lots that the Authority owns (see, Section A.1., below for locations) to either the Towing Contractor’s own storage facility or to an Impound Yard at one of the DRPA’s four bridges. Causes for towing and removal shall include, but not be limited to: Vehicles involved in an accident; disabled, abandoned or stolen vehicles; or, vehicles involved in a criminal incident, parking violation, or motor vehicle violations that would require towing.
One or more Towing Contractors will be designated for each DRPA bridge. The Towing Contractor(s) selected for the PATCO locations and the DRPA home office parking lot will be from the State of New Jersey. The Towing Services may not be exclusive to one Towing Contractor and multiple contracts may be awarded depending on the type of vehicle to be towed and the Towing Contractor’s capability. The Authority reserves the right to use or seek alternative Towing Services (as determined by the Authority), including using DRPA Bridge Operations and Police Department personnel and equipment to remove Vehicles from bridge or parking lot property. Also, in most instances, the owner of a vehicle to be towed will have the right to use a towing company of their own choice.
A. SPECIFICATIONS
1. The Towing Contractor(s) shall supply and furnish all professional, technical and other Services and all labor, material, equipment and supplies necessary to accomplish, perform and carry to conclusion the towing and removal of passenger cars, light trucks (including vans, limousines, and four (4) wheel drive vehicles etc.) and heavy duty vehicles, including truck tractor combination, special mobile equipment, buses and equipment (“Vehicles”) from the following locations (hereinafter, collectively “Locations”): the Betsy Ross Bridge (connecting Pennsauken, NJ and Philadelphia, PA); the Benjamin Franklin Bridge (connecting between Camden, NJ and Philadelphia, PA); the Walt Whitman Bridge (connecting Gloucester City, NJ and Philadelphia, PA); the Commodore Barry Bridge (connecting Bridgeport, NJ and Chester, PA); the parking lot of the DRPA home office at One Port Center in Camden, NJ; the parking lot of the PATCO home office in Lindenwold, NJ; and, the parking lots and driving areas located at seven of PATCO’s New Jersey train station -- the Lindenwold, Ashland, Woodcrest, Haddonfield, Westmont, Collingswood and Ferry Avenue Stations. (Refer to Exhibit A for addresses.)
The Vehicles shall be towed to either the Towing Contractor’s storage facility or a DRPA Impound Yard located at each bridge facility. It shall be at the discretion of the DRPA Police as to where the Vehicles are to be towed and stored by the Towing Contractor; i.e., whether to the Towing Contractor’s storage facility or to a DRPA Impound Yard.
2. The Towing Contractor shall provide Services 24 hours a day/7 days a week/365 days a year at each bridge or other Authority parking lot or facility.
8. In cases where Vehicles have been: i) involved in an accident, ii) disabled, iii) abandoned, iv) stolen or v) involved in a criminal incident, the Towing Contractor must tow and remove the vehicle within twenty (20) minutes after notification by the Authority.
3. Limited Liability of DRPA
By entering into an Agreement with the DRPA, the Towing Contractor understands and agrees that all costs and fees incurred and due to it as a result of providing the Services are to be paid by the owners of the towed Vehicles. The Authority does not assume nor accept any liability or costs to the Towing Contractor for any Services whatsoever, including costs or fees incurred by the Contractor for towing and storing Vehicles removed from an Authority Location.
4. Charges
Proposers must specify in their Proposals the charges for towing cars, light trucks, and heavy duty vehicles (to include truck tractor combination) from any of the four (4) bridge facilities and property of the DRPA and PATCO and the daily charge to store such Vehicles at or on his storage facility.
5. Vehicle Removal Notification
Upon request by the DRPA Police Department, the Towing Contractor shall remove Vehicles stored at DRPA bridge facilities’ impound yards within forty-eight (48) hours after notification by DRPA Police Department to its impound facility or other area requested by the DRPA Police Department. However, impounded Vehicles may be removed within the initial forty-eight (48) hour period by the owner of the Vehicle, with the permission of the responsible DRPA police supervisor.
6. Vehicle Release Procedure re: Impound Vehicles:
Before a Vehicle can be towed from DRPA or PATCO property, the investigating police officer from the DRPA Police Department will complete and execute a DRPA Police Department "Towed Vehicle Report." (The relevant forms are attached hereto as Exhibit B). The Towed Vehicle Report, which is in triplicate, contains all pertinent information relative to the impounded vehicle, including the condition of the vehicle and an inventory of its contents and accessories and the a notation of any observed damage. The Towed Vehicle Report will be retained by the DRPA Police Department and copies will be sent to the Vehicle’s owner and to the Towing Contractor. In addition, photographs of the Vehicle will be taken by the DRPA police officers at the time of removal and will be provided to the Vehicle’s owner/operator (or retained by the DRPA police department if the owner/operator is not present) for future reference should any dispute arise regarding the condition of the vehicle prior to removal of the vehicle by the Towing Contractor.
A “Fee Schedule” listing daily towing and storage costs will be provided to the owner/operator at the time the Vehicle is impounded. (See Exhibit C) The Towing Contractor will be responsible for administering all release paperwork for Vehicles
9. stored at its facility. All payments for release or for any service rendered will be made directly to the Towing Contractor by the Vehicle’s owner or operator. The Authority is not responsible for such payments and no payment will be provided by any Authority employee to the Towing Contractor.
7. Compliance with Laws
When towing or removing impounded Vehicle(s) from Authority Locations, Towing Contractor(s) shall comply with any and all rules, regulations, ordinances and procedures of any and all federal, state and local governing bodies, as detailed in the Motor Vehicle Codes of the State of New Jersey and the Commonwealth of Pennsylvania.
Vehicles towed by Pennsylvania Towing Contractor(s): Towing Contractor shall follow Pennsylvania regulations on abandoned and unclaimed vehicles. After 48 hours have elapsed and the vehicle is still in storage, the Towing Contractor may request a "Police Request for Removal of Abandoned Vehicle (form MV952 (10/93), attached hereto as Exhibit D) from the Commercial Vehicle Unit Supervisor.
Vehicles towed by New Jersey Towing Contractor(s): Towing Contractors shall follow New Jersey regulations on abandoned and unclaimed vehicles (N.J.S.A. 39:10A-1 through 39:10A-7). Vehicles will be processed when declared abandoned and not recovered within 72 hours. Towing Contractor shall contact the Commercial Vehicle Unit Supervisor at the Authority or his designee for processing required reporting.
8. Equipment & Storage Space
The Proposal shall indicate that the Proposer has available a reasonable amount of vehicle storage space. The premises shall be secure and security protection should consist of cinder block walls or cyclone fencing and also be completely illuminated. The towing equipment shall be capable of towing single or in-combination Vehicles of up to forty-five (45) tons. The determination of adequacy of equipment and facilities shall be within the sole discretion of the DRPA. An inspection of the facility will be conducted by the DRPA Police Department staff as part of the evaluation of Proposals.
A Proposers shall provide the following information in its Proposal:
a) A list of the equipment available for the purpose of towing and storing passenger cars, light trucks and heavy duty vehicles, truck/tractor combinations, special cargo, special mobile equipment and recovery equipment for T&T accidents from DRPA/PATCO Locations.
b) A description of the space available for the storage of removed Vehicles. This description should be expressed in terms of the number of Vehicles that can be stored per month.
10. c) An explanation of the Proposer’s security measures and features. In addition, Proposer shall certify that it can and will provide Towing Services on a 24/7/365 basis.
d) A certification that storage fees will begin 48 hours after the date and time that a Vehicle was impounded. Also, a statement of the hours that the storage Proposer’s facility is manned or accessible by police or the public.
e) A certification that the Proposer will assume responsibility for or accept conditions of “special cargo” (e.g., hazardous materials, livestock, U.S. mail, refrigerated units, etc.)
f) A list of all subcontractors and third party affiliates whose equipment or services the Proposer may use during the term of this Agreement.
g) A certification that the Proposer will accommodate an inspection of its storage facilities, equipment and records (e.g., driver histories, driver vehicle inspection reports, etc.) by a representative of the Authority during the approval process.
9. References
Proposers are required to provide a minimum of three (3) of the following: references; accident records; and, specific contact information on current contracts and previous work with other companies, authorities and government entities. This information will be taken into consideration by the DRPA when awarding its contract(s).
10. The Proposal must indicate each and every DRPA/PATCO Location for which the Proposer wishes to provide Towing Services.
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11. SECTION IV
PROPOSAL REQUIREMENTS
A. GENERAL INFORMATION
1. Examination by Proposers
Proposers must examine all RFP documents and make their own estimates regarding the execution of the Towing Services. The attention of the Proposers is especially directed to the RFP provisions for damage to property, injury to persons, and the importance of carrying out the contractual Towing Services as herein prescribed. Failure by the Proposer to become acquainted with the available information will not relieve the Proposer from responsibility for properly estimating the difficulty or cost of successfully performing the Towing Services. The Authority assumes no responsibility for any conclusions or interpretations made by the Proposer on the basis of the information made available by the Authority.
2. Proprietary Information
All Proposals, plus supporting and/or subsequent materials, will become the property of the Authority and will not be returned to the Proposers.
All portions of a Proposal and the RFP will be considered as a part of any awarded contract and will be incorporated therein by reference.
All restrictions on the use of data contained within a Proposal and all confidential information must be clearly designated as such within the Proposal. Proprietary information submitted in a Proposal or in response to the RFP will be handled in accordance with the applicable New Jersey and Pennsylvania Statutes.
To the extent permitted by law, it is the intention of the DRPA to withhold the contents of the Proposal from public view until such time as competitive or bargaining reasons no longer require non-disclosure in the opinion of the DRPA. At that time, all Proposals will be available for review in accordance with the Open Public Records statutes of the Commonwealth of Pennsylvania and the Right-to-Know statutes of the State of New Jersey.
3. Withdrawal of Proposals
If a proposal is submitted prior to the submittal deadline, and the Proposer wishes to withdrawal said submittal, the Proposer may do so upon the presentation of a written request for withdrawal. Written requests are to be submitted to: Amy Ash, Manager, Contract Administration, Delaware River Port Authority, One Port Center, 2 Riverside Drive, P.O. Box 1949, Camden, New Jersey, 08101-1949. No withdrawal of Proposals will be allowed after the submission deadline even though proposals may not have yet been opened.
12. 4. Right of DRPA to Amend the RFP
An amendment to the RFP may become necessary in order to make changes in requirements, delivery schedules, opening dates, and the like, or to correct defective or ambiguous information. When such a change becomes necessary, it will be accomplished by issuance of an Addendum to the Solicitation documents. Such an Addendum will be sent to each Proposer to whom the RFP has been furnished. The Addendum will be issued in a reasonable time before the scheduled receipt of Proposals in order to allow Proposers sufficient time to consider the Addendum in their Proposals. The Addendum will clearly state the changes made and whether or not the Proposal Due Date is changed. The Addendum will include instructions to Proposers for acknowledging receipt of the Addendum and information concerning the effect of failure to acknowledge or return the Addendum.
5. Right of DRPA to Reject Proposals
DRPA reserves the right to reject any or all Proposals in its sole discretion. DRPA also reserves the right to waive any informality or error in the Proposals received, to award a contract only to a Proposer experienced in this class of Services, whose Proposal is deemed by DRPA to be most advantageous to the public interest and to negotiate with any or all Proposers who submit Proposals in response to this RFP. The provisions of the RFP are made for the benefit of DRPA, and no right shall be deemed to accrue to any person making a Proposal by reason of the submission of any Proposal, or by the waiver or non- enforcement of any provisions or requirements of the RFP or by reason of any term or terms hereof.
DRPA would advise Proposers that Proposals which are incomplete, conditional, or wherein Proposal prices for the several items of the Services are unbalanced may cause DRPA to reject the Proposal. This provision is not, however, to in any way to limit or detract from the generality of the above reservation of rights.
6. Protest Procedures
Who May File a Protest:
A Proposer or prospective Proposer who is aggrieved in connection with the solicitation or award of a contract may file a protest. Protests relating to cancellation of all requests for proposals are not permitted.
Time for Filing:
a) A protest by a prospective Proposer must be filed before the time set for Proposal Opening and/or the Proposal Due Date.
b) If a protest is filed by a Proposer, the protest must also be filed within SEVEN (7) CALENDAR DAYS after the protesting Proposer knew or should have known of the facts giving rise to the protest. IN NO
13. EVENT, HOWEVER, MAY A PROTEST BE FILED LATER THAN SEVEN (7) DAYS AFTER THE DATE THE CONTRACT IS AWARDED. The contract award date is defined as the expiration of the New Jersey’s Governor’s veto period after award of the contract by DRPA’s Board of Commissioners.
c) Untimely protests shall not be accepted and shall be disregarded.
Form of Protest:
a) A protest must be in writing and filed with the DRPA’s Manager, Contract Administration. b) A protest must state all grounds upon which the protesting party asserts that the solicitation or award is improper, as well as the remedy sought by the protesting party. Issues not raised by the protesting party within the Time for Filing are deemed waived by the protesting party. c) The protesting party shall submit with the protest any documents or information deemed relevant by the protesting party.
Investigation:
Upon receipt of the protest, the DRPA’s Manager, Contract Administration will provide copies to the DRPA’s Chief Executive Officer and General Counsel. The Manager, Contract Administration shall, within five (5) business days of the after receipt of the timely written protest, conduct an investigation into the allegations and report the findings to the CEO and General Counsel. The DRPA is not required to conduct a hearing as part of its investigation, and the absence of a hearing shall not be a violation of the protesting party’s due process rights.
Response:
Following a review of the Manager, Contract Administration’s report, and any other pertinent information, within fifteen (15) business days after receipt of the timely written protest, the General Counsel shall advise the protesting party of DRPA’s recommended action. The response shall be in writing and state the reasons for the decision.
Appeal: a) In the event that the protesting party is not satisfied with the DRPA’s recommendations, the protesting party may, within ten (10) business days of the date of the Authority’s response, file with the General Counsel a written appeal, setting forth the reasons for disagreement with the Authority’s response and, if desired, requesting a personal appearance before the appropriate Committee. b) If a personal appearance is requested, the protesting party shall appear at the next advertised, appropriate public Committee meeting, unless otherwise directed by the Authority. These meetings are open to the public and provide for public comment.
14. The appropriate Committee shall not be required to conduct a hearing as part of its review, and the absence of a hearing shall not be a violation of the protesting party’s due process rights.
Review and Decision:
a) Within sixty (60) days after receipt of the timely written protest and appeal, the appropriate Committee, after consideration of the allegations, facts and any materials provided by the protesting party and Authority staff, shall make a decision to rebid the contract or take such other action as may, in the opinion of the appropriate Committee, be appropriate, including recommending to the Board the award of the contract. b) The General Counsel shall advise the protesting party in writing of the Committee’s decision and, if applicable, the date on which the contract award will be considered by the Board of Commissioners. c) The action of the appropriate Committee or, if recommended for Board approval, the non-vetoed award of the contract by the Board of Commissioners, shall constitute an exhaustion of the remedies available to a proposer or offeror at the Authority level. .
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15. B. TECHNICAL PROPOSAL REQUIREMENTS
To achieve a uniform review process and obtain the maximum degree of comparability, it is required that Proposals include the following basic format. The Proposer is expected to provide the Services outlined in this RFP and to prepare its response to fully address its ability to satisfy these required Services. Although the DRPA is not specifying a page limit, clarity and conciseness are essential and will be considered in assessing the Proposer’s capability.
The Technical Proposals are required to follow the format set forth below.
1. General Requirements
The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the Proposer seeking to provide Towing Services for the DRPA in conformity with the requirements of this RFP. The Technical Proposal should demonstrate the qualifications of the Proposer, its particular staff and the equipment to be assigned to this engagement.
There should be no dollar units or total costs included in the Technical Proposal document.
2. Cover Letter
A signed cover letter should be on the Proposer’s company letterhead, which should clearly state the name of the Proposer’s company, its business address, its telephone and facsimile numbers, and its e-mail address.
The cover letter should also include the following:
a) An introduction to the company and a summarization of its qualifications;
b) The name(s) of authorized principals with the authority to negotiate and contractually bind the company;
c) A statement that binds the Proposer to the Technical and Cost Proposal for one hundred and twenty (120) calendar days;
d) Confirmation of the Proposer’s acceptance of the Standard DRPA Contract Clauses (Section VI), including the Insurance Requirements (which have been reviewed by the Proposer’s Insurance broker);
e) A statement of any conflicts of interest that would limit the Proposer’s ability to provide the requested Services.
16. 3. Scope of Services
A demonstration of the Proposer’s understanding of the proposed Scope of Services is required as part of the Proposal. The Proposal should outline how the Proposer plans to accomplish the required Services, any information or assistance that it expects from the DRPA to complete the requested Services, and other Services or specialties that may distinguish the abilities of the Proposer.
4. Proposer’s Qualifications and Experience
The following information should also be included in the Proposal:
a) A brief description of the Proposer’s qualifications for the Scope of Services required and its previous experience on similar or related services performed for local governmental agencies, including transportation agencies, if any. This description must include a summary of services performed, the period over which the services were performed, for whom it was performed, the location where it was performed, and the size of the Proposer’s effort (i.e., cost and period of time).
b) The names of the lead individual and all key personnel who would be directly engaged in the performance of the Towing Services required under this RFP. For each of these individuals, please submit:
(1) A description of their qualifications and background and their number of years of experience in providing similar services;
(2) A list of references for each, including a brief description of the nature of the services performed by each individual;
(3) Their experience with public agency clients and transportation agencies, if any; (4) The turnover rate of Proposer’s Personnel for the previous two years. Provide explanation, if necessary;
c) State the Size, Structure, and Location(s) of Proposer/Firm Provide an organizational chart that identifies the proposed client management team. Identify the primary staff person who will oversee the DRPA’s account and provide a listing of the names and titles of the staff who will support the DRPA’s account. Explain the manner in which direction and supervision shall be exercised over the client management team by the firm’s management and primary staff person.
17.
C. COST PROPOSAL REQUIREMENTS The Cost Proposal shall cover all costs of any nature, incident to and growing out of the Towing Services, including but not limited to: labor costs; travel expenses; telephone costs; profit; administrative and overhead fees; materials; taxes; fringe benefits; subcontractor costs; cost of site visits and attendance at hearings; the cost of obtaining the insurance required in Section IV. A. of this RFP; all incidental expenses; any additional expenses for unforeseen difficulties encountered; and, all other costs and expenses necessary to perform and complete the Services required under this RFP.
D. SUBMISSION REQUIREMENTS
1. One (1) SIGNED original, eight (8) copies and one (1) electronic copy of the Proposal must be submitted in a sealed envelope by 2:00 PM EST on Thursday, November 30, 2017 to:
Siata Freeman Sheriff, Contract Administrator Contract Administration Unit Delaware River Port Authority One Port Center - 2 Riverside Drive Camden, NJ 08101-1949
The phone number to use for express delivery services is: (856) 968-2086.
In order to be considered, mailed Proposals must be received by DRPA prior to the time set for Proposal submission, if they are to be considered. Faxed or e-mail responses will not be accepted. Late responses will not be considered
2. Technical Proposal
Proposer must submit a Technical Proposal based on the associated requirements detailed in this RFP.
The Technical Proposal should be mailed in a separate envelope labeled “Technical Proposal, Towing Services.”
3. Cost Proposal
A binding Cost Proposal must be submitted for the Towing Services RFP.
The Cost Proposal should be mailed in a separate envelope labeled “Fee Schedule Quotation Submission,” Towing Services.”, attached hereto as Exhibit C.
18. 3. Political Contribution Forms
Proposers are required to submit one (1) completed copy of the “Political Contribution Disclosure Form” and one (1) copy of the “Certification Regarding Prohibition on Contracting with Entities Who Make Certain Political Contributions Form.” These forms can be found in Exhibit E of this RFP.
The requested political contribution forms should be mailed in a separate sealed envelope labeled “Political Contribution Forms,” Towing Services.”
5. Certificate of Insurance
Proposers are required to submit a completed Certificate of Insurance evidencing the coverage types and the minimum limits required as described in Section VI.A of this RFP. The DRPA requires this information to facilitate completing contract formalities in a timely manner, if an award is made.
All of the requirements listed above (Section IV.D) must be complied with in order to be considered responsive to this RFP. Failure to submit any or all of the items may subject a Proposer to disqualification.
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19. SECTION V
SELECTION PROCESS
A. EVALUATION CRITERIA
The DRPA intends to award a contract to the most qualified, responsible firm submitting a responsive Proposal. Ranking will be based on a maximum of 100 points, weighted as indicated below. In determining the number of points a Proposal will receive in each category, the DRPA will consider the Proposal material submitted, oral interviews (if applicable), and any other relevant information about a given Proposer.
The following criteria will be used in the evaluation of the Proposals:
1. Understanding and Approach 0 - 30 points
Proposals will be evaluated to ensure that the Proposer has demonstrated an understanding of each of the following elements:
a) Knowledge of Towing Services as they relates to the DRPA’s needs; and,
b) Scope of Services. The Proposer’s overall approach to achieving the requirements of this RFP will be assessed for its effectiveness, feasibility, responsiveness to the Scope of Services and thoroughness.
2. Qualifications and Experience 0 - 30 points
The capabilities of each responding Proposer will be evaluated in these specific areas:
a) Experience in providing the specified Services for similar operations and/or entities;
b) Experience and qualifications of staff assigned to the account, including the proposed staff committed (identified by name), the quality of such staff, and the proper balance of relevant skills; and,
c) Services performed for recent clients.
3. Cost Submission 0 - 40 points
This portion of the Proposal will be evaluated based on the best value for the three- year base term and the two additional one-year option terms.
20. B. SELECTION PROCESS
A screening of all Proposals will be conducted to determine overall responsiveness. Proposals determined to be incomplete or non-responsive will be disqualified.
Following the initial review and screening of the written Proposals, using the Selection Criteria described above, one or more Proposers may be invited to participate in the final selection process, which may include:
a) Participation in an oral interview.
b) Submission of any additional information as requested by the DRPA.
c) Tour of Storage Facilities.
References will also be checked during the final selection process.
Upon completion of the final selection process, the DRPA will rank each Proposal that, in the DRPA’s sole determination, falls within the competitive range in accordance with the Selection Criteria above. The DRPA may accept the highest-ranked Proposal or negotiate the terms and conditions of a contract with the firm with the highest-ranked Proposal. If negotiations are unsuccessful, the DRPA will terminate the negotiations with that firm and may open negotiations with the firm with the next highest-ranked Proposal. If negotiations with this firm fail, its sole discretion, the DRPA may reject all remaining Proposals.
The DRPA reserves the right to conduct pre-award negotiations with any or all Proposers and the right to award a contract without negotiations. The DRPA further reserves the right to award a contract without conducting interviews.
This RFP does not commit the DRPA to awarding a contract. Proposers shall bear all costs incurred in the preparation of the Proposal and participating in the Proposal process. The DRPA reserves the right to reject any and all Proposals, the right in its sole discretion to accept the Proposal it considers most favorable to the Authority’s interests, and the right to waive minor irregularities in any Proposal. The DRPA further reserves the right to reject all Proposals and seek new Proposals when such procedure is, in the DRPA’s sole discretion, reasonable and in the best interest of the DRPA.
The DRPA will neither explain its decisions nor “debrief” unsuccessful Proposers at the conclusion of the Selection Process.
C. APPROVAL AND AWARD
Once the Proposal evaluation process has been completed, DRPA staff will recommend that the DRPA’s Board of Commissioners (“the Board”) award a contract to the Proposer or Proposers whose Proposal(s) they have deemed to be most advantageous to the Authority.
21. The DRPA reserves the right to cancel the award of a contract before execution if the DRPA deems such cancellation to be in its best interest. In no event will the DRPA have any liability for the cancellation of such award. The Proposer assumes the sole risk and responsibility for expenses incurred prior to execution of the contract.
D. EXECUTION OF AGREEMENT
Any Proposer whose Proposal shall be accepted and to whom a contract is awarded will not be required to attend an execution of the written contract (“the Agreement”). Instead, DRPA shall mail the Agreement to said Proposer, who shall in turn execute the Agreement and return same to DRPA within ten (10) days from the date of receipt.
Said Proposer shall also certify or furnish and return, together with the aforesaid Agreement, the following documents to DRPA:
1. Proof satisfactory to DRPA, of the authority of the person or persons executing the Agreement on behalf of the Proposer.
2. Original Certificate(s) of Insurance representing all non-negotiable insurance coverage prescribed by Section VI. A. of this RFP.
3. Proof of current corporate status and certificate of authority, and current valid license to transact business in the State(s) where the Services are to be performed and/or designation of proper agent(s) in the State(s) where the Services are to be performed, upon whom service may be made in the event of litigation, if Proposer is non-resident thereof.
4. A list of the Proposer’s local supervisory personnel, including telephone numbers.
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22. SECTION VI
STANDARD DRPA CONTRACT CLAUSES
On all projects of this nature, the DRPA has certain standard requirements that will be incorporated into any Agreement that may be executed as a result of DRPA’s evaluation of a Proposal. These requirements, which follow herein, should be properly considered when preparing a Final Proposal.
BY SUBMITTING A PROPOSAL, THE PROPOSER CERTIFIES THAT IT HAS READ, UNDERSTANDS AND AGREES TO THE FOLLOWING “STANDARD DRPA CONTRACT CLAUSES.” THE SUCCESSFUL PROPOSER WILL BE REQUIRED TO ENTER INTO A WRITTEN AGREEMENT WITH THE DRPA WHICH INCLUDES, BUT IS NOT LIMITED TO, THE “STANDARD DRPA CONTRACT CLAUSES.”
A. INSURANCE REQUIREMENTS
The successful Proposer will be required to provide insurance of the prescribed types and minimum amounts as set forth below.
All insurance policies required shall be maintained in effect until all services under the Contract are completed. Each policy shall provide that there will be thirty (30) days prior written notice given to the DRPA in the event of cancellation, non-renewal or material change in the policy.
The Proposer to whom the Contract is awarded shall furnish to the DRPA within ten (10) calendar days after the date of official notice of Award of the Contract, an Insurance Certificate in triplicate, evidencing that the Proposer has provided the required coverage. The Proposer may be required at a later date and upon specific request by the DRPA, to furnish certified copies of any or all insurance policies related to protection for the work under the Contract. The DRPA shall not be liable for the payment of any premiums under the foregoing.
The insurance companies indicated in the certificates shall be authorized to do business in the Commonwealth of Pennsylvania and the State of New Jersey and shall have a Financial Rating and an Admitted Status of: a) A.M. Best Rating: A- (Excellent) or Higher b) A.M. Best Financial Size Category: Class VII or Higher
Neither approval by the DRPA nor a failure to disapprove Insurance Certificates furnished by the Proposer shall release the Proposer of full responsibility for all liability as set forth in the preceding indemnification clauses.
23. The minimum requirement of insurance carried by the successful Proposer shall be as follows:
A. Workers Compensation Insurance - Statutory benefits as required by the Worker's Compensation Laws of the Commonwealth of Pennsylvania and the State of New Jersey, and reference to such compliance made on all Certificates of Insurance.
Employers Liability Limits not less than: Bodily Injury by Accident: $1,000,000 Each Accident Bodily Injury by Disease: $1,000,000 Each Employee Bodily Injury by Disease: $1,000,000 Policy Limit
B. Commercial General Garage Liability Insurance - Bodily Injury, Property Damage and Personal Injury (including Premises - Operations, Independent Contractors, Products/Completed Operations, Personal Injury, Broad Form Property Damage) On an Occurrence Form with the following limits: (1) General Aggregate: $2,000,000 (2) Products/Completed Operations Aggregate: $1,000,000 (3) Each Occurrence: $1,000,000 (4) Personal and Advertising Injury: $1,000,000
Contractual Liability Insurance in an amount not less One Million Dollars ($1,000,000) to include coverage for the liabilities assumed under the "Indemnity" clauses set forth herein on page 4.
C. Commercial Automobile Liability Insurance - Coverage to include All Owned, Hired and Non-Owned Vehicles (Any Auto) with a Per Accident Combined Single Limit of One Million Dollars $1,000,000) for Bodily Injury and Property Damage per occurrence.
Garage Keeper's Direct Primary Legal Liability in the amount of One Million Dollars ($1,000,000) for each occurrence.
Motor Truck-Cargo/On-Hook in the amount of One Million Dollars ($1,000,000) for each occurrence.
D. Commercial Umbrella Liability: a) Occurrence Limit: $5,000,000 b) Aggregate Limit (where applicable): $5,000,000 c) Policy to apply following form of the Commercial General Liability, Commercial Automobile Liability and Employers Liability.
24. E. Property, Equipment, Machinery & or Stored Material: Proposer and all subcontractors shall maintain insurance on their owned or leased equipment, tools, trailers, etc. Proposer is responsible for any damage to their work, materials, equipment, tools, etc. If under the scope of work to be performed under the Contract there is a need to store on DRPA premises any equipment, machinery, tools, supplies or other materials, the Proposer and subcontractors must purchase coverage to protect these assets from loss, theft, damage or disappearance. Under no circumstances will DRPA/PATCO assume any liability or otherwise offer to indemnify any party for loss, theft, damage or disappearance of such items stored on its premises throughout the duration of the Contract.
F. DRPA, (including their agents, employees, representatives, officers, directors, members and managers) shall be added as ADDITIONAL INSURED on all liability policies, except for the Workers’ Compensation policy. The coverage offered to the ADDITIONAL INSURED on the Towing Contractor’s liability policies shall be primary coverage to any other coverage maintained by the ADDITIONAL INSURED and shall not permit or require such other coverage to contribute to the payment of any loss.
G. Waiver of Recovery/Subrogation: The Towing Contractor waives all rights of recovery and shall cause its Insurers to waive their rights of subrogation against DRPA and any of their agents and employees for loss or damage covered by any of the insurance maintained by the Towing Contractor.
H. The amount of insurance provided in the aforementioned insurance coverages, shall not be construed to be a limitation of the liability on the part of the Proposer or any of their subcontractors. The carrying of insurance described shall in no way be interpreted as relieving the Proposer of any responsibility or liability under the Contract.
B. SAVE AND HOLD HARMLESS
Towing Contractor agrees to indemnify and protect and hold harmless (and defend, if requested) the Authority (as defined below, “the Indemnified Parties”) from and against any and all suits, claims, liabilities, losses, judgments, demands and damages arising from claims by third parties, of whatsoever kind or nature, including, but not limited to, reasonable expenditures for and costs of investigations, hiring of expert witnesses, court costs, counsel fees, settlements, judgments or other expenses recoverable under applicable law), which may be suffered by or accrue against, be charged to or recoverable from the Indemnified Parties regardless of whether a suit has been filed or initiated but only upon receipt of a written notice alleging a wrongful act (collectively “Claims”) to the extent arising from the willful misconduct or negligent performance of or omission of performance of the Services provided under the Agreement. This includes but is not limited to Claims caused in part by the Indemnified Parties or which are based on strict liability. However, Towing Contractor shall not be required to indemnify the Indemnified Parties for that portion of
25. any claim, suit, action, damage or cost which is caused by the willful misconduct, negligent act or omission of the Indemnified Parties.
In any and all Claims against the Authority by any employee of the Towing Contractor, anyone directly or indirectly employed by the Towing Contractor or anyone for whose acts the Towing Contractor may be liable, Towing Contractor explicitly and unequivocally agrees to indemnify the Authority and the indemnification obligation under the Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Authority under workers’ compensation acts, disability benefit acts, or other employee benefits acts or any other legal or contractual provisions.
Promptly after receipt by the Authority of notice of any claim, liability or expense, the Authority shall give timely written notice to Towing Contractor, but the omission to so notify the Towing Contractor promptly will not relieve the Towing Contractor from any liability except to the extent that Towing Contractor shall have been materially prejudiced as a result of the failure or delay in giving such notice. The Towing Contractor understands and agrees that the defense and indemnification of the Authority under the terms and conditions of the Agreement begins when a claim is brought against the Authority or the moment the Authority receives notice of the Claim. The obligations of Towing Contractor shall survive the termination of this Agreement or the completion by Towing Contractor of its obligations under this Agreement.
The "Authority" is and shall include: (i) the DRPA; (ii) the DRPA's beneficiaries, officers, commissioners, directors, members, agents, servants and employees; (iii) PATCO and all of its respective shareholders, directors, officers, partners, members, agents and employees of all of the foregoing; and (iv) anyone else acting for or on their behalf.
C. TERMINATION AND MODIFICATION
If the DRPA, in its sole discretion, determines that the Towing Contractor has not met its obligations hereunder, the DRPA shall provide Towing Contractor with written notice of any event of default. Commencing on the date that the notice was sent, the Towing Contractor shall have ten (10) calendar days to cure the default, unless extended in writing at the discretion of the DRPA. If the Towing Contractor fails to cure an event of default, the DRPA reserves the right, in addition to all of its rights at law, in equity, and as elsewhere provided in the Agreement, to terminate the Agreement upon giving not less than ten (10) days’ written notice to the Towing Contractor. In the event the DRPA exercises such right of termination, the DRPA shall only be responsible for payments, if any, as outlined in this Agreement, for Services which were completed to the satisfaction of the DRPA at the time of termination. After termination, the DRPA shall be without further liability whatsoever to the Towing Contractor under this Agreement. The Towing Contractor agrees that it is not entitled to any damages whatsoever in the event of such termination.
Notwithstanding the provisions of the paragraph above, it is understood and agreed that the DRPA hereby reserves unto itself the right to terminate or modify this Agreement at any time, for any reason whatsoever, including, but not limited to, termination for the convenience of the DRPA, upon giving not less than thirty (30) days prior written notice to the Towing Contractor. In the event the DRPA exercises such right of termination, the DRPA shall be without further liability
26. whatsoever to the Towing Contractor under this Agreement, other than to reimburse the Towing Contractor for expenses appropriately incurred prior to the Towing Contractor’s receipt of the notice of termination. In the event that the DRPA exercises its right to modify the Agreement, the Towing Contractor shall have only such rights as may be stated in the Modified Agreement and shall retain no other rights. The Towing Contractor agrees that it shall not be entitled to any damages of any nature whatsoever in the event of such termination or modification, other than the aforesaid referenced payments.
D. WORK PRODUCT
All materials, calculations, computations, specifications and drawings developed and prepared by and equipment required by the Towing Contractor, in the performance of its Services herein, shall become the property of the DRPA. The Towing Contractor warrants and represents that all private, proprietary, personal, financial, job classification and other data shall remain confidential and shall not be distributed or disseminated to any third party without written consent of DRPA. These materials shall be turned over to the DRPA at or prior to final payment or other termination of this Agreement, or upon written request thereof by the DRPA.
E. DUTY OF CONFIDENTIALITY AND NON-DISCLOSURE
The Towing Contractor shall agree to regard and preserve as confidential all information related to the business and activities of the Authority which may be obtained by the Towing Contractor from any source or that may be developed as a result of this Agreement. The Towing Contractor agrees to hold such information in trust and confidence and not to disclose such information including, without limitation, information relating the Authority facilities, processes, financial data, lists, apparatus, statistics, programs, research, business strategies, reports, evaluations, analysis, and customization or related information to any person, firm or enterprise, or use any such information for the Towing Contractor’s own benefit and purposes unless authorized by the Authority in writing prior to the disclosure. If so authorized, the Towing Contractor shall, before disclosing the information, advise the third party of the confidential nature of the information and require that the third party enter into a written agreement to protect the confidentiality of the information.
If a subpoena, discovery request, Court Order, Freedom of Information Request, or any other request or demand authorized by law seeking disclosure of the confidential information is received by the Towing Contractor, the Towing Contractor shall notify the Authority thereof with sufficient promptness so as to enable the Authority to investigate the circumstances, prepare any appropriate documentation to seek to quash the subpoena, seek a protective order, or to take such other action regarding the request as it deems appropriate.
The Towing Contractor acknowledges that the Authority and its employees, management and commissioners would suffer irreparable harm, loss and damages in the event of a breach of the Towing Contractor’s promise of Confidentiality and Non-Disclosure. The Towing Contractor shall institute any and all security procedures necessary to ensure that the Authority’s confidential information is not disclosed to third parties in violation of this Agreement.
27. The Towing Contractor may disclose the confidential information only to those of its officers, directors, employees, agents, and representatives who need access to the confidential information for the Services it provides under this Agreement. All such officers, directors, employees, agents, and representatives must be informed of the existence and nature of these Confidentiality and Non- Disclosure provisions.
The Towing Contractor hereby agrees that within thirty (30) days of the expiration or termination of this Agreement, it shall return to the Authority all copies in its possession of confidential information, as well as all copies of any and all other documents, information, reports or analysis possessed by the Towing Contractor or any of its representatives, agents, employees, officers, directors, or shareholders, whether originally supplied by the Authority of prepared on the Authority’s behalf by or under the Towing Contractor’s direction.
The obligation for confidentiality herein shall be continuing and survive the termination of this Agreement.
F. NON-DISCRIMINATION PROVISIONS
The DRPA is firmly committed to providing equal employment and business opportunities for all persons regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, age, income level, limited English proficiency (“LEP”) or non-job related disability. To that end, the DRPA will affirmatively assure that in regard to any DRPA contract entered into, all qualified persons will be afforded equal opportunity to participate in the contract process and will not be discriminated against on grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, income level, LEP or non-job related disability.
The Towing Contractor shall include the following seven (7) paragraphs in every subcontracting agreement or purchase order in such a manner that the provisions shall be binding upon each Subcontractor and supplier working on the project. The Towing Contractor also agrees to be bound by applicable federal, state and local affirmative action and civil rights laws.
1. The Towing Contractor warrants and represents that in carrying out its obligations under this Agreement, it will not discriminate against employees or applicants for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, age, income level, LEP or non-job related disability and will undertake or continue to comply with all existing or future state and federal laws, rules and regulations respecting programs of Affirmative Action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. For purposes of this Agreement, affirmative action shall mean those activities undertaken during the course of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation, to ensure that minority group members and women are afforded equal employment and contracting opportunities.
2. The Towing Contractor shall make a substantial good faith effort to recruit minority and female Subcontractor and suppliers having substantial minority and female representation among their employees.
28. 3. All advertisements or requests for employment placed by the Towing Contractor or on the Towing Contractor’s behalf, shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, income level, LEP or non-job related disability.
4. The Towing Contractor shall send each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of its commitment to this non-discrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by the Towing Contractor.
5. It shall be no defense to a finding of noncompliance with obligations of this non- discrimination clause that the Towing Contractor delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting the contractual obligation not to discriminate. However, if the evidence indicates that the Towing Contractor was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in determining whether the Towing Contractor is in compliance with the nondiscrimination clause.
6. The Towing Contractor shall comply with all state and federal laws prohibiting discrimination in hiring or employment opportunities. In the event the Towing Contractor fails to comply with the provisions of the nondiscrimination clause of this Agreement or with any applicable laws, the Agreement may, after hearing and adjudication by the DRPA, be terminated or suspended, in whole or in part, and the Towing Contractor may be declared temporarily ineligible for further DRPA contracts. Such termination or suspension shall not entitle the Towing Contractor to any damages or additional compensation.
7. The Towing Contractor shall, upon request, furnish all necessary employment documents and records to, and permit access to its books, records, and accounts by the DRPA for purposes of ascertaining the Towing Contractor’s compliance with the provisions of this nondiscrimination clause. If the Towing Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the DRPA.
G. POLITICAL PAYMENTS AND/OR CONTRIBUTIONS
The Towing Contractor warrants to the DRPA that neither the Towing Contractor nor anyone authorized to act on the Towing Contractor’s behalf has made any payment or contribution to any political candidate, political committee, public official or any other person or entity, for the purpose of influencing the award of this Agreement. The Towing Contractor agrees that if the Executive Committee of the DRPA Board of Directors decides, after such hearing as it deems necessary, that this warranty has been breached, the Towing Contractor shall, within thirty (30) days of such decision, pay to the DRPA liquidated damages equal to twenty-five percent (25%) of the face amount of this Agreement or order. The Executive Committee's decision shall be final, unless the Towing Contractor seeks a review thereof in a commercial arbitration proceeding conducted by the American Arbitration Association, instituted by the Towing Contractor within fifteen (15) days of receipt of the Executive Committee's decision; the Towing Contractor further
29. agrees that it shall be ineligible to receive any award of any contract or purchase order from the Authority for a period of one (1) year from the date of any final decision unfavorable to it.
By completing and signing the DRPA’s Political Contribution Disclosure Form and the Certification Regarding Prohibition on Contracting with Entities who Make Certain Political Contributions (See Exhibit E), the Towing Contractor warrants to the DRPA that it has complied with the political disclosure requirements of the DRPA as set forth in the DRPA’s Political Contribution Policy and acknowledges that failure to do so precludes the Towing Contractor from contracting and/or doing business with the Authority.
H. SUB-CONTRACTING
Prior written approval of DRPA is required for sub-contracting any Services covered by this Agreement, other than those included in the Towing Contractor’s Proposal. Requests for authorization to sub-contract must be submitted in writing to the DRPA's Chief Executive Officer and accompanied by a description of the specific Services to be subcontracted, the total value of such sublet Services, and proof that the organization which will perform the subcontracted Services is particularly equipped and capable to perform such Services. The right to qualify, accept or reject any sub-contractor is reserved expressly to the DRPA.
I. APPLICATION OF LAWS AND REGULATIONS
By entering into an Agreement with the Towing Contractor, the Authority does not consent, either expressly or impliedly, to the jurisdiction or application of any laws, regulations, procedures or requirements of any governmental, quasi-governmental or other political entity which would otherwise not be applicable to the DRPA.
J. AUDIT AND INSPECTION OF RECORDS
The Towing Contractor shall permit the authorized representatives of the DRPA to inspect and audit all data and records of the Towing Contractor relating to its performance under the Agreement.
K. INDEPENDENT CONTRACTOR
The Towing Contractor is an independent contractor and under no circumstances shall it, its servants, agents or employees be or become employees of the DRPA as a result of the Services performed under this Agreement.
L. GOVERNING LAW
The laws of the State of New Jersey shall govern the validity, interpretation, construction, and performance of these terms and conditions.
30. M. ENTIRE AGREEMENT
It is expressly understood and agreed by and between the parties hereto that this Agreement sets forth all the promises, conditions and understanding between them relative to this Agreement and that there are no promises, agreements, conditions or understandings, either oral or written, between the parties other than are herein set forth. It is further understood and agreed that, no modification, alteration, or other change to this Agreement shall be binding unless reduced to writing and signed by the duly authorized representatives of the parties.
N. WAIVER
A waiver by any party of a breach or default by the other party of any provision of this Agreement shall not be deemed a waiver of future compliance therewith, and such provisions shall remain in full force and effect.
O. CAPTIONS
All headings preceding the text of the several sections and paragraphs hereof are inserted solely for the convenience and reference of the parties and does not constitute a part of this Agreement, nor shall they affect their meaning or interpretation thereof.
P. SEVERABILITY
If any provision of this Agreement shall be invalid or unenforceable, in whole or in part, such provision and this Agreement shall be deemed and construed to be modified or restricted to the extent that and in the manner necessary to render the same valid and enforceable, or shall be deemed excised from this Agreement as the case may require.
Q. NO THIRD PARTY BENEFICIARIES
The parties to this Agreement do not, by entering into this Agreement, intend to confer any benefit to a third party.
R. NOTICES
All communications which may be or are required to be given by either party to the other herein shall be in writing and by personal delivery or delivered or sent by prepaid registered mail to the parties at the addresses set forth below.
If to Consultant:
31. If to the Authority:
John Stief, Police Chief Delaware River Port Authority One Port Center, 2 Riverside Drive PO Box 1949 Camden, NJ 08101-1949
With a copy to:
Siata Freeman Sheriff Contract Administrator, Contract Administration Delaware River Port Authority One Port Center, 2 Riverside Drive PO Box 1949 Camden, NJ 08101-1949
With a copy to:
Raymond J. Santarelli General Counsel Delaware River Port Authority One Port Center, 2 Riverside Drive PO Box 1949 Camden, NJ 08101-1949
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32. EXHIBIT A
Addresses
Addresses for PATCO Parking Lots
Lindenwold Station 901 N Berlin Road Lindenwold, NJ 08021
Ashland Station 2 Burnt Mill Road Voorhees, NJ 08043
Woodcrest Station 200 Tindale Drive Cherry Hill, NJ 08003
Haddonfield Station Kings Highway West and Washington Avenue Haddonfield, NJ 08033
Westmont Station 100 Stoy Avenue Haddon Township NJ 08108
Collingswood Station 100 Lees Avenue Collingswood, NJ 08108
Ferry Avenue Station 106 Ferry Avenue Camden NJ 08103
33. EXHIBIT B
TOWED VEHICLE REPORT FORM
34.
EXHIBIT C FEE SCHEDULE QUOTATION FORM
Towing Services STORAGE FEES TOWING FEES (Per Day)
Vehicles Under 10k GVW
Vehicles Over 10k GVW
35. EXHIBIT D REQUEST FOR REMOVAL OF ABANDONED VEHICLE FORM MV 952
36. EXHIBIT E
III. VENDOR POLITICAL CONTRIBUTIONS POLICY
PURPOSE: The following policy is established by the Board of Commissioners (“Board”) to ensure the Delaware River Port Authority (DRPA) and Port Authority Transit Corp. (PATCO) is conducting business in an open, transparent, and ethical manner. This policy pertains to all bids, proposals, quotes, and/or statements of qualifications submitted to the DRPA and PATCO.
SCOPE: Defines the circumstances under which the Authority shall be prohibited from contracting with vendors who make certain political contributions.
POLICY: 1. All current and/or prospective vendors seeking to enter into an agreement or otherwise contract to provide any material, supplies or equipment to the Authority, or to acquire, sell, or lease any land or building from the Authority, if such contract or agreement is in excess of $25,000 in value, the vendor will be required to submit a Political Contribution Disclosure Form and a Certification Form prior to the execution of an agreement or contract with the Authority. The business entity shall have a continuing duty to report any contribution it makes during the term of the contract. The political contributions to be disclosed are limited to those made on the local, county, and state levels in Pennsylvania and New Jersey.
2. If a business entity makes a contribution during the term of the contract or agreement, the entity must disclose the contribution within 30 days of the contribution. The entity will be required to disclose the candidate, date of contribution and the amount of the contribution within 30 days of contribution.
3. Definitions
"Contribution" means a contribution which is a reportable contribution in accordance with either 25 P.S. §3241 et. seq. or N.J.S.A. 19:44A-1 et. seq., as applicable, made on or after the date hereof.
“Business entity” means: i. a for-profit entity as follows:
A. in the case of a corporation: the corporation, any officer of the corporation, and any person or business entity that owns or controls 10% or more of the stock of the corporation;
B. in the case of a general partnership: the partnership itself and any partner controlling 10% or more of the partnership interest;
37. C. in the case of a limited partnership: the limited partnership and any partner controlling 10% or more of the limited partnership interest;
D. in the case of a limited liability company: the limited liability company and any member controlling 10% or more of the limited liability company;
E. in the case of a limited liability partnership: the limited liability partnership and any partner controlling 10% or more of the limited liability partnership;
F. in the case of a sole proprietorship: the proprietor; and
G. in the case of any other form of entity organized under the laws of this State or any other state or foreign jurisdiction: the entity and any principal, officer, or partner thereof;
ii. any subsidiary directly or indirectly controlled by the business entity; iii. any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee; and iv. with respect to an individual who is included within the definition of business entity, that individual’s spouse or civil union partner, and any child residing with the individual, that, this policy shall not apply to a contribution made by such spouse, civil union partner, or child to a candidate for whom the contributor is entitled to vote or to a political party committee within whose jurisdiction the contributor resides unless such contribution is in violation of Section 6 of this policy. 4. It shall be a breach of the terms of any contract with the Authority for a business entity to: (i) knowingly conceal or misrepresent a contribution given or received; (ii) make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iii) engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the business entity itself, would subject that entity to the restrictions of this policy; (iv) fund contributions made by third parties, including consultants, attorneys, family members, and employees; (v) engage in any exchange or contributions to circumvent the intent of this policy, or (vi) directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this policy.
38. 5. A business entity which is determined by the Authority to have willfully and intentionally made a contribution or failed to reveal a contribution in violation of this policy shall be barred by the Authority from contracting with the Authority for up to five years.
6. Notwithstanding anything contained herein to the contrary, nothing contained herein shall prohibit the Authority from contracting with a vendor where the Chief Executive Officer is authorized to act pursuant to the Emergency Powers provisions under the By-laws.
7. Nothing contained in this policy shall be construed as affecting the eligibility of any business entity to perform a contract with the Authority because that entity made a contribution during the two-year period immediately preceding the effective date of this policy. This policy shall be effective as of January 1, 2011.
PROCEDURE: Vendors are required to submit a Political Contribution Disclosure Form and a Certification Form on all bids, proposals, quotes, and/or statements of qualifications for contracts in the amount of $25,000 or more.
The requested forms must be submitted in a separate sealed envelope from the rest of the proposal. These forms shall not be submitted in the Technical Proposal or Cost Proposal.
The Political Contribution Disclosure Form and Certification Form will be forwarded to the OIG for review. OIG will determine whether the Vendor is in compliance with DRPA policy. OIG will also review the Political Contribution Disclosure Form for any potential conflict or direct conflict of interest with members of the Board. OIG will address any potential conflict or actual conflict with the Board member pursuant to OIG guidelines.
Failure to submit these forms may result in the disqualification of the Vendor’s bid, proposal, quote, or statement of qualification.
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39. POLITICAL CONTRIBUTION DISCLOSURE FORM
This form or its permitted facsimile must be submitted to the Authority simultaneously with the delivery of a bid for any contract of the Authority.
Part I – Vendor Information Vendor Name: Address: City: State: Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the disclosure requirements of the Authority.
______Signature Printed Name Title Part II – Contribution Disclosure
Disclosure requirement: Disclosure must include all reportable political contributions over the past four (4) years on the form provided.
Contributor Name Recipient Name Date Dollar Amount $
5807838
40. CERTIFICATION PROHIBITION ON CONTRACTING WITH VENDORS WHO MAKE CERTAIN POLITICAL CONTRIBUTIONS
The Proposer hereby certifies that it has not made a contribution that would bar the award of the Contract pursuant to the Prohibition on “Contracting with Vendors who Make Certain Political Contributions” Policy and shall report any contribution it makes during the term of the Contract.
Date ______
Signature ______
Company Name______
Title______
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41.