UNIVERSITY OF HAWAII · 1990. 11. 5. · Hawaii at Hilo, Hilo, Hawaii. You are hereby authorized to...

UNIVERSITY OF HAWAII Procurenlent and Property Manageulcnt Office

November 5, 1990

Marriott corporation 2300 Contra Costa Boulevard, suite 275 'Pleasant Hill, California 94523

Attention: Mr. Edward A. Woods Vice President

Gentlemen:

SUbject: Notice to Proceed

Transmitted herewith for your files is one duly executed copy of Contract No. CH-9571 for Food Service operations at University of Hawaii at Hilo, Hilo, Hawaii.

You are hereby authorized to proceed to provide the services effective January 1, 1991, in strict accordance with the contract documents attached hereto. The term of the contract shall be for a period of FIFTEEN (15) years, Ja~uary 1, 1991 through December 31, 2006.

Attached hereto is a CONTRACT RELEASE FORM WHICH SHALL BE FILLED OUT AND SUBMITTED UPON COMPLETION OF THE CONTRACT.

Your surety bid bond for the SUbject project is enclosed herewith.

/very. tr

1~~ Edward Yuen Director

EY: DW: lk

Enclosures

cc: JAlan SUbica, Edgar Torigoe

1400 Lower Campus Roafl, ROOln 15 . Honolulu, Hawaii 9G822 / Cable Address: lfNIHAW

An Equal Opportunity Employer

PPMO FORM 58 (Rev. 2/84)D()CL~iv1ENT CONTROL NUMBER UNIVERSITY OF t-lAWAl1 AWARO/CONTRAC-r Page 1 of 1

CH-9571 1. . lId· CONTRACT NUMBER 3. INVIT~.TION FOR BIDS (IFB) NO.91-0261 PROJECT TITLE

CH-9571 EFFECTIVE DATE

Food Service Operations at University Hawaii at Hila, Hilo, Hawaii

of

October 19 1990 6. DELIVERY4. AWARDED BY: 5. DEPARTMENT o F.D.B.Director, Procurement & Property Management

University of DestinationUniversity of Hawaii Hawaii at Hila o Other1400 Lower Campus Road

(see below)Honolulu, Hawaii 96822 BUYER: D. Wong

7. CONTRACTOR (NAME AND ADDRESS) 8. DISCOUNT FOR PROMPT PAYMENT

Marriott Corporation 2300 Contra Costa Boulevard, Suite Pleasant Hill, California 94523

10. SHIP TO/MARK FOR

275 9. SUBMIT INVOICES (ORIGINAL AND TWO

COPIES UNLESS OTHERWISE SPECIFIED BELOW) TO:

University of Hawaii at Hila 523 W. Lanikaula Street Hilo, Hawaii 96720-4091

University of Hawaii at Hila Business Office Hila, Hawaii 96720-4091

11. APPROPRIATION/ FUNDING/ACCOUNTING DATA

TABLE OF CONTENTS (X) PAGE (X) PAGE

- NOTICE TO BIDDERS 1 FEDERAL PROVISIONS

A REPRESENTATIONS, CERT. OF OFFEROR 1 X GENERAL PROVISIONS

WAGE RATE SCHEDULE, BULLETIN NO. 1-8

X BID FORM 1-3 TECHNICAL SPECIFICATIONS AMENDMENT NO.

X SPECIAL PROVISIONS 1-6 X SURETY BID BOND 1 X OPERATIONAl PROVTSTONS 1-17 X ATTA~HMEN1'S lAI-E1O

12. ITEM(S) AWARDED: 13. TOTAL AMOUNT Provide Food Service Operations for Unive~sity OF CONTRACT: of Hawaii at Hilo, Hilo, Hawaii

Board Meal Plan: 8% of annual sales $ N/A

Campus Center: 15% of gross cash sales receipts

Coin-Operating Vending: 25% of gross cash sales receipts

FOR THE CONSIDERATION STATED HEREIN, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS OR PERFORM ALL SERVICES SET FORTH OR OTHERWISE IDENTIFIED ABOVE, IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE DOCUMENTS AITACHED HERETO WHICH ARE NOTE IN THE TABLE OF CONTENTS AND BY THIS REFERENCE MADE A PART OF THIS AWARD/CONTRACT.

14.

15. NAME &}),TLE OF SIGtjIjR g_~PE Ojl PRINT) ..

# l,A,I;",/ h'! uY.Ptt1e:(S~u;4t9.r~~

16. UNIVE All

BY / II/~/Cj.()DA E

17. NAME & TITLE OF SIGNER Edward Yuen, Director Procurement and Property

Management Office

~PMO FOl~M 79 (7 /88)

SUR E T Y BON D i

BOND# 0856290I I I

K~fO~ ALL MEN BY THESE FRESENTS I I

ThAt we, M i C :. I ••

pri.,cipal, and ............... ..-----.....,l::~~:~:~:~I=::~~::~--J-......---.........--.-:I !

sur~tYI are he14 and firmly bound unto the Un1vere ty of Hawali, its

euobeaeors and assign., in the lull sum of I

I 'L'w~ Hundre.d l"i,fty-[yur aDd 50 1100 .............to,i

the payment or Which to the .Did Univeraity of

sudcessors and assigns, well and truly to be mDde, I

and ,,

our respective heirs, executors, admlnl.tratar !

su~oe.sc~Q, jointly and severally, firmly by theae I i s19ned , soaled and dellv.red the 26th day 0

! HONOLULU, HAWAII19-fill-' at i

~............_--),

Hawaii, i~.

we bind our••lv••

, a••lgn••nd/or

pr•••n~s.

__Oc_t_o_be_r , A.D.

The condition a! the above obligGtion i ••uch;tha~ if the I

abbve-named principal, Mal: • I I

sh~ll well and truly observe and perform covenants,all or t i I

cohditiona and provisions on its I i f

pe~formed, contained in that carta!n eontract dat the 19th ~ day of ; I i

_O_c~lt_o_be__r , A.D. 19~, entered into by the .ai~ principal .nd ~h. I

sajid University of Hawal1, Io:1lt to F'roylde [02d Sel;:klC! QperAtiQna

~ Uni,verRi ty of Hawaii at Hile, Hilu. Hawaii,. Cont;~A~t NSh ClI-I'Zl I

-- j ~ d

I I w~ich contract is by reference made a part h.reot~ then the a~ove

o~ligation shall be voia; otherwise to remain in 1Ull torce and I i i

e~tect. I I

- 1 ...

IT IS HEREBt mutually ~gr••d by .n~' ~~tve.n the ~.r~i•• h.~.to

th~t any chanq8, deviation, extent1on, ~lteratiQn, d~uction, addition i ,

and/or ex~ra in or to .aid contract ~ay be made a. ~~nt.mplat.d by the

tQrmG thereof, witho~t notice to the surety, An~ tn.' no .uch chanqe, I

de~i8tion, extension, alteration, deduction, add1t104 and/or extra i

shdll in anywise affect the continuing obligation of~s.id principal

I I

AND IT IS HER~BY mutually agreed that this bond;ahall inure to I

the benerit ot any and all p~.ona entitled to tile ~laim. tor labor I

pettormed or materials t"l.1rnishea in ..•• il# work so aa ~o Qive any and i '

BIt such pereons a riqht o~ aotion •• cont.~pl.t.d bt Section 507-17,

Ha~a11 Revised statutos. I !

.<:!::: --, dent• Vice

j

!

~rn!QARD S:~'""'rcct1P-".-!olt~Y~fll.llNYu.....------By· \~-~--+-i_......_'----

Jl ....~ • IL\l,wrneV'1 n· fact

STATE OF HAWAII

} SS.: COUNTY OF HONOLULU

On this..... 26TH.....day. .........19..99. .., before me personally came

.................... TERRY DOLAR

~ me kn?w:, t: be an Attorney-in-Fact of SEA]iOAR'I)~iuRE'Ty'd6MPANi"th~'~~~;'~;~ti~~'d~~~~ib~d 111 the. wIthm mstrument, and he acknowledged that he e ecuted the within instrument as the act of th~ tSa~d SEABOARD SURETY COMPANY in accordan with authority duly conferred upon him b saId Company. y

L.'s.

l'"o,m/UB MY COMJ.L EXPIRES 2/19/91 Notary Public.

----------

~~~-~----_-..__....-

3TAtrE OF Maryland ) : SS.

COUNTY OF Montgomery)

On t.his 31st day ot October-_- , 19 90 b••Or••• apftaared___ __ ~,.. r-

IArnold L. Davenport and Robert B. Steggert , to •• ~

pe~BcnAlly known, who, beinq by •• duly sworn, did .ty ~at ~th.y

~ar8 Vice President and Vice presidenl or _ ... ....... , t~ CantraGtor ,

I

...eI 1n Ch.~_a_rr_l._·o_t-t_C_or-::p:-o_r_a_t_i-on I

toreqo1nq 1nstrumen~, and th.~~~.y~ar. aU~horiz.d to .iqn i

said 1nstrument 1n behAlf of tbe Con~r.o~or, and ackhowledg•• ehat I

~/th.y .x.cut.~ sa1~ instrument a. the t~•• aoe and daad of ~.

Co~tractor. I ,

(Notary Saal) n_I~A~ = ~lr~. _J~~Ic ~..--.......--

I I

state of

ICY C0llJl1••ion BXP~•• I

r

I

.. 3

UNIVERSITY OF HAWAII Procurement and Property Management Office

MEMORANDUM November 5, 1990

TO: Alan SUbica, Fiscal Officer University of Hawaii at Hilo

PARTICULARS OF THIS CONTRACT

TITLE: IFB No. 91-026 for Food Service operations at University of Hawaii at Hila, Hila, Hawaii

CONTRACT NO.: CH-9571

CONTRACTOR: Marriott Corporation

TERM OF CONTRACT: January 1, 1991 through December 31, 2006

NOTIFY PROCUREMENT AND PROPERTY MANAGEMENT OFFICE AS SOON AS WORK UNDER THIS CONTRACT IS COMPLETED OR WHEN THE

WORK OR SERVICES OF THE CONTRACTOR IS NOT SATISFACTORY.

cc: Edgar Torigoe

_:_;.

.-- ~..::-:

snioiiffisuif&.C»MPANY>°oo···8222 10803No. ADMINISTRATIVEOFFICES:BEDMINSTER,NEW JERSEY

POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Wayne J. Toyomura or Charlene E. Mato or Kathy Ann Sakuma or Terry Dolar

~ Honolulu, Hawaii . its trueand lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies,surety bonds, undertakings and otherinstruments of simiiar nature as follows: Without Limitations

Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid ·Attorney~in-Fact,shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officer-sof the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact,pursuant to the authority

· herebygiveri: are hereby ratified and confirmed

This appointmentis made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said CompafiyonDecember 8th, 1927, with Amendments to and inclUding January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1:

"POlicies, bonos; recognizances, stipulations, consents of surety, underwriting undertakings and.instruments relating thereto. Insurancepolic1es;b<:inds, recognizances. stipulations. consents of surety and underwriting undertakings'of ihe Company. and releases. agreements and other writingsre1ating ill anywaythereto or to any clalmor loss thereunder. shall be signed in the name and on behalf of the Company

(a):bythe Chairman of the Board. the President. a Vice=President or a Resident Vice-President and by the Secretary. an Assistant Secretary. a Resident SecretaryoraResj~ntAsSist?otSecretary; or (b) by an Attorney-in-Fact lor the Company appointed and authorized by the Chairman of the Board, the PresidenJQr aVice:Presidentto make such signature; or (c) by such other ollicers or representatives as the Board may from time. to time determine..

The sealofthe~C0rnpanyshall if appropriate be allixed thereto by any such officer;Allorney~in-Factor representaiive."

IN Wil"NESSWH'ERE<:)I=; SEA130ARD SURETY COMPANY has caused these presents to be signed by one of its VicePresidents, and itscorpbrates~al tobehereunto affixed and duly attested by one of its Assistant Secretaries, this ,16th....

1{:;:~~~~t(:;'+.>~;19g0. ..'..~. ..SEA~01?P S~RHY COMPANY, .

. "~I~~<{J~eal)J)tt<(k.:,a..: ~() . ~.~..r':.~'~'~""""'"

;~~~~~~f~~~::i=~~~'''';~r~~.::c:~Vi~;P;~;id~~~~isE~~fg~R~·t~~~;rZ~IT:;~·{ with whb-rt(Ja'mpersqhally acqup;inted, who, being by m.e dLify sworn, said that heresidesiri the State of ..New.,.Jersey.; that hED~aV:ic.e(p!~srdepfpt$~ABbARDSURi::TY COMPANY, the corporationdescriqed inand which executed the foregoing instrtJme'n't: th<ifhekn6ws the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal;' that it w1:is sO af~x~d ~Y order of the Board of Directors of ~aid Company; and that~e~lgn theretD as Vice-President of n said Company by like autfl(!)fity.· . - .

• - M l ... rr..~ ire t')t 7 1Jf;1YCKl /,.-• ,c,<'; (I~'.' ~"';'--.'" :._.,.... 1- rEV ~

· (S I) ,'f':' NOT.A~ 'Co -:,... . t~O-:.r-'.~;Y f;L!:LIC U: r.... t;/ _cR." ea ~,p~~,q{ .'~:{"'lC('''Ii":l;~S;~):i[>~p.:0$ Juna4 t 1991 ~ 'N~ta~'P~b'li~ .

"F~bA:;~~,:,.,.·· '.. .. .CERTi F I C:.~ TE .1. the.uh €rsigriedAssislant Secretary of SEABOARD SURETY COMPANY clO hereby certify t

a fuU, true and c'orreci copy: isjnfuU force and effect on the date of this Gertificafeandl db further c· rtify that the \/ice-President Who executed the said Power of AlIorneY':W<ls:6he~ftbepflicersauthorized by .the Boardof Dir.estors t.oappoint anallorney-in-factasprovided in Article VII, Section .1. of the By·laws of SEABOAR'D°SURETY·COMPANy'· '.' . •... ...•••....... .. .•.•.. ... . . .• .

Thj~Ceitiflcille..,naybeSjgAe~ and ~ealed by fac'simile under and by authority Of)he1ollowing resolution Of the Executive Committee ~f the Board of Directors'o.tSE.A~OARDSURETYCOMPANYala meeting dtilycaHed and held On the 25th day of March 1970... . . .

. c"R~SqLvgl?;::I!2)Th.a·t .the usegi a printed facsimile Of the corporate searol the COmpany and 9fthe signature of an Assistant Secretary on any •certiljcaliM'9riti~FQi-r~ctri!i:sS9J a¢cipy Of aninsirument execute.dbY the r~esicf"ntpr a ViCe,-Presidenfpursuarft to Article VII, Section 1:of the By:laws aRPoiri!i.fj9j3.M~!!I.Qq£i~in9~ariallorney'cin·lactto l;ign in the narneand on behalroUheCoinpafly sUiety bonds,unde.(wrjting undertakings or other

_ iristn.irn.enf~7q(i!i§:[Lbei:!·ih. :>,i;l-,~·A.:r!icj~ :Vil, Sec:; ti6ri Lwithlikee.ffeeJ il(HsiJch:sea! arid such signilturehilg been manually. affixed and made, here!?y is'. . - authoriied aM:appr6'iied}' :'.:' :.>' ... -. . ..:'::" ·0'· . .... . .. ..• .. . . ....; . . • ... . ... . •. '. .... . _ ... - •.

.'f~ .w,Tlii~.§-w~.~~b?,i·~a~~ .h.e~e~nto 's~t .~; h~na ~nd '?ffi~ed U{e ~~r~or~te 's~al ~f t~~ Co'n;pal)y t~ 't~ese p~ese'~ts th'i~:

theofigiQal Power Of Attorney of which the foregoing is

~~~~i~2~~;~.I~i;c!lJ;~i:~~~rr~E;j~~,~14!~1t:;:~S~:~~~~~~~~I~I? For verification of the authenticity of this Power of Attorney you may call, collect, 201-658-3500 and ask for the Power of Attorney clerk. Please refer to the Power or Atfornp.v nllmh"r Ih" ilhov" Oilm"n innivinl'ill(,,\ ilnn n"tilil" of fh" honr! to whir.h th" oow'" i" "tf"r.h"rl In N"w York ni,,1 ?1?-R?7.<;1l1l1l

.., .

IN THE MATTER OF

NOTICE TO BIDDERS (IFB) NO. 91-026

, NO'l'lU~ r.'OBIDDERS SEALED•BIDS lQ.Pro

vide Food SerYice ~a .. t~oJls. atUtUv~rSit~9f.·Ha .. waii ". ,a~,·ai1o, .. ~ilo,:; :}J:a~ wa~i,instrict accor4ance with>the .. In·vitationfor Bids,must 'be receiv~at the.·· .PROCUREMENT AND.PROPERTY ..MAN~ AGEMENT OFFICE, 1400 :,LOWER :.CAMPUS ROAD,,' ROOM' .15,'UNI.. VERSITYOF," HAWAII,HQriOLtlLu, .' ..'HAWAII 96822,nt.l,·later·tha~2:30 p.m.;:Ie~ember %7,'1990, and at that time·willbe publicly ..opened.. Bid$ ..·receivedafter tile time and date •... fixed for openingwilLnot'be consideled.

IJ.·,prebid. conference will·· 00 held at ,CampusCenter CODf~r~nce·Room 313, University of Ha\\,~ii at Hilo, Hilo, .Hawaii, on September20,·199t· at 10:00 a.m.·~ll proSpective bidders~ at their own ex'pense are iDvited tI .' at'1end.Biddel'S~ballcall or :wrtte .... to' MS.;: Danielle ,WOng,;BU=.·et,:·Procurementand .'.,1 Man

. 'agementOf ice,1400;Lo,wer .. C~nnp,.' It,oad, lRoorpi'15,. Univer:sity,ofrlla"au;Honoluluf,Hawaii '96822, tet~phone-'(8~8) :95&4J687,:: toindicatemltentto atteradtheCbDferenC'~< ",n.o, ··,.·.··•. ,later.. ',' than S.e.'•.. ~teember· l.8•..'* '...•. .. _.; ".

:-,Each rrospecttve .bl<ldershalcQlIlplete.andsubtnit :-~ttltt,~'prequallfica.

ti.onqu.. e.iti... O,n.. nai~. ap-.pended to the BID FORM and·shaU·fjleawrittenn()ticeof intent to bid by.september 21,1., with the . Procurement : and Property Management Office· whose .•·address is ',ndicated~ . ,in ,:tbe .. first, 'paragrapb. '," ' '. .'i

, .' AU questi(iDS 'pertal~ ing:totbiSJnvitation For :Bias· (IFB) N0...•... ,9.1•..02 .•...~.':'soaltbe directed: to the 'buyer"Ms., ·.1)anielleW8ng,·.· telepbone(808) ;9~7... :.

Board of Relents'1$rdv~itY.o ··Hawaii Albert J.. SUtlODe Presiclent

I(HQp.<Adv.: 'Sept. 10, 12, '14, l~) (A..QI068)

AFFIDAVIT OF PUBUCATION

STATE OF HAWAII, ~ 55.City and County of Honolulu.

........... ~.t~.q~.Q . NcakQ.ll\ur.a. . . . . . . . . . . .. ,being duly sworn, deposes and says that she is a clerk, duly authorized to execute this affidavit, 0/ the HAWAII NEWSPAPER AGENCY, INC., agent for HONOLULU ADVERTISER, INC., publisher of THE HONOLULU ADVERTISER and SUNDAY STAR-BULLETIN & ADVERTISER, and agent for GANNETT PACIFIC CORPORATION, publisher of HONOLULU STAR-BULLETIN; that said newspapers are newspapers of general circulation in the state of Hawaii; that the attached notice is a true notice as was published in the a/ore-referenced newspapers as follows: The Honolulu Advertiser tf1.l;"~.~ times, on .

.' ~~P:t:~~~.I; ..~ 9.,.. ~~ I . . J..4 , .. ~.9.~ P .

Honolulu Star-Bulletin: . . .. times, on

Sunday Star-Bulletin & Advertiser: . .. . . .. .. . times, on .

t a party to or in any way interested in the above

./,."'~ ..-.~.~~ .

Subscribed and sworn to before me this ~.~th day of~..~P.t;~~~J;, A.D. 19 ....~9..

.................~,

..d;..~ " : . Notary Pub"c of the F,rst Judicial Circuit, State of Hawaii

.. ,., Mar~ ',. 10.'"'i!lij2.r ,My comm,sslOn expire! , .. ,. •.. ,."

----------

REPRESENTATIONS, CERTIFICATIONS OF OFFEROR

CONTRACTOR REPRESENTS:

1. That it 0 is, [!] is not, a small business concern.

2 . That it 0 is, [!] is not, a small disadvantaged business

concern. If a small disadvantaged business concern, it D is,

CJ is not, woman-owned.

3. As used in this Invitation for Bids or a resultant contract J the term "small business concern ll shall mean a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto.

a. The term "small business concern owned and controlled by socially and economically disadvantaged individuals," hereafter referred to as disadvantaged business, shall mean a sinall busiIless concern

(1) whictl -is at least 51 per centurn owned by one or more socially and economically disadvantaged individuals; Of, in the case of any publicly owned business, at least 51 per cerltunl of the stock of which is owned by one or more socially and economically disadvantaged individuals; and

(2) whose Inanagement and daily business operations are controlled by one or more of such individuals. The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispan'i cAme ric a n5) Nat i ve Am e ric an s (i. e., Am e ric an Indians, Eskimos, Aleuts and Native Hawaiians), Asian-Pacific ~nericans (i.e., U.S. citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the u.s. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan, and other minori.ties, or any individuals found to be disadvantaged ~y the Administration pursuant to Section 8(a) of the Small Business Act.

b. Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and economically . disadvantaged individuals.

c. Failure to execute the representation will be deemed a minor .informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award.

NAME OF FllUwt: Marriott Corporation ~

BID FORM

TO PROVIDE

FOOD SERVICE OPERATIONS

Procurement and Property Management Office

1400 Lower Campus Road University of Hawaii Honolulu, Hawaii 96822

Gentlemen:

The undersigned has carefully examined the INVITATION FOR BIDS (IFB) NO. 91-026, TO PROVIDE FOOD SERVICE OPERATIONS AT UNIVERSITY OF HAWAII AT HILO, HILO, HAWAII, in strict accordance with the true intent and meaning of the Invitation for Bids (IFB), for· a period of FIFTEEN (15) years from January I, 1991 through December 31, 2006, as follows:

BASIC BID

1. Board Meal Plan Costs shall be as follows:

19 meal/week plan $7.00 per day, per student

14 meal/week plan $6.05 per day, per student

10 meal/week plan $5.50 per· day, per student

*8Board Meal Plan % of estimated annual sales =

$649,086 $ 51,927

2. Cash Sales

Campus Center 15 % of $644,000 (estimated gross cash sales receipts) = $ 96,600

Coin-Operating Vending 25 % of $60, 000 (estimated gross cash sales receipts) = $ 15,000

TOTAL AGGREGATE RETURN $ 163,527

* . . .Est1mated annual sales 18 based on proJected increase of 250 boarders for calendar year 1991.

BASIS FOR AWARD

The award of contract, if awarded, shall be made to the highest responsive and responsible bidder on the TOTAL AGGREGATE RETURN.

BID - 1

In the event that the undersigned is awarded this contract and its remittance address differs from the address shown on the next page, please indicate remittance address below:

1110 University Avenue, Suite 305

street Address or P. O. Box

Honolulu, Hawaii 96826

city state zip Code

BID - 2

Bid Bond, certificate of Deposit, Share Certificate, Cashier's Check or certified Check made payable to the University of Hawaii must accompany the bid, if the total amount of the item(s) bid is $15,000 or more.

(IF BY INDIVIDUAL) NAME (Signature)

SOCIAL SECURITY NUMBER D.B.A.

FEDERAL TAXPAYER IDENTIFICATION NUMBER ADDRESS

(IF BY PARTNERSHIP) NAME (Signature)

FEDERAL TAXPAYER IDENTIFICATION NUMBER ADDRESS

NAME OF FIRM

PARTNER

FEDERAL TAXPAYER IDENTIFICATION NUMBER

(IF BY CORPORATION)

53-0085950

*OFFICER ( 19nature)

Marriott Corporation NAME OF COMPANY

" ~ c:: :s;: =~ /..,{ ~ .4 ,,~ ...

Phil Randall TYPED NAl1E

Regional Vice President

TITLE 2300-Contra Costa Blvd., Suite 275 Pleasant Hill, California 94523

ADDRESS OF COMPANY (5 E A L)

If licensed or incorporated to do business within the state of Hawaii and subject to the provisions of the Hawaii General Excise Tax Laws, indicate General Excise Tax License Number. If not, so indicate. Number 10351659

*PLEASE ATTACH TO THIS PAGE EVIDENCE OF THE AUTHORITY OF THIS OFFICER TO SUBMIT A BID ON BE~LF·OF· THE CORPORATION, GIVING ALSO, THE ADDRESS AND NAMES AND ADDRESSES OF THE VICE PRESIDENT AND SECRETARY. .

NOTE: FILL IN ALL BLANK SPACES WITtI INFORMATION ASKED FOR OR BID MAY BE INVALIDATED.

BID - 3

SEP-14-1990 16:56 FROM MRRRIOTT LAW DEPT TO *8817280914156808167 P.03

AUTHORIZATION AGREEMENT

TO WHOM IT MAY CONCERN:

This is to evidence that PHILIP H. RANDALL, Regional Vice President for Education, has authority to submit a bid on behalf of Marriott Corporation.

~OTT CORPORATION

By:-4:rt~/~ EDWARD A. WOODS , Division Vice President and General Manager

Date: r II «/ / 0; D

SEP~14-1990 15:56 FROM ~0~RIOTT LAW DEPT TO *881~280914156808167

PI) I P.04

MARRIOTT CORPORATION'S EXECUTIVE AND STAFF OffiCERS:

J. W. Marriott, Jr.

Richard E.

Francis W.

Daniel J.

M: L _ I

William W. Shaw

sterling D. Colton

A. Thomas Curren

Clifford J. Ehrlich

William w. McCarten

Donald A. Washburn

William o. Kafes

DIRECTORS WITH 3 % OR MORE

J. W. Marriott, Jr.

Richard E. Marriott

Alice S. Marriott

Marriott

Cash

Altobello

L; I 3

Chairman, President and Chief Executive Officer

Vice Chairman and Executive Vice President

Executive Vice President (Marriott Service Group)

Executive Vice President (Airport Operations)

Me at Q T' •• IL? t (i 2 i , f Bud! £ I 3 _ ap~

Executive Vice President, Chief Financial Officer

Senior Vice President and General Counsel

Senior Vice President, (strategies & New ventures)

senior Vice President (Human Resources)

senior Vice President (Finance and Corporate Controller)

Senior Vice President (Real Estate Development)

Vice President, Associate General Counsel &: Secretary

OWNERSHIP OF COMMON STOCK:

Chairman of the Board, President and Chief Executive Officer

Vice Chairman of the Board and Executive Vice President

Vice President

OPERATIONAL PROVISIONS

1. PURPOSE

To obtain the services of a Contractor to provide a Food Service Program for the stUdents, faculty, staff, and quests of the University of Hawaii at Hilo, Hilo, Hawaii, in accordance with such policies as may be promulgated by the University of Hawaii, rules and requlations of the Department of Health, state of Hawaii, County of Hawaii Uniform Fire Code and any other codes and ordinances for the proper operation and maintenance of the food service facilities.

2 • OBJECTIVE

The objective of the Food Service Program is to satisfy the nutritional needs of the University community by providing choices of products at the lowest possible price, high in quality and with 'the best possible service. To this end, the Food Service Program focuses on the quality of menus, the manner of service, the economy of prices and merchandising that provides the customer with options that are attractive, enjoyable, interesting and nutritious. In addition, the program includes an educational element to personalize the environment and inform the consumer of food choices that enhance health and encourage responsible nutritional choices. Further, the program necessitates the continual improvement, maintenance and replacement of the University food service facilities and equipment. The Food Service Program requires a reasonable financial return to the University.

3. PREMISES

a. The University grants to the Contractor the exclusive right to conduct food service operations on the University of Hawaii at Hila campus. Locations for such operations shall be designated by the University. CUrrently designated locations are identified in Attachment A2. The exclusive rights granted hereunder shall not extend to University approved student sponsored activities, University employees and other University recognized organizations which do not utilize commercial entities.

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b. The University grants to the Contractor the right to install vending machines at the locations which may be agreed upon. The items to be sold at the vending locations shall be SUbject to the approval of the University.

c. The University grants to the Contractor the right to operate a convenience service store at University-approved locations. This does not preclUde the University Bookstore from operating a convenience service store. The items to be sold,

OPERATIONAL PROVISIONS - 1

prices of products and hours of operation shall be sUbject to the approval of the University.

d. The University may at its discretion, construct new food service facilities, discontinue the use of food service premises or require the relocation of food service office, preparation areas, bake shop and storage facilities to accommodate the new expansion of the campus facilities or develop, renovate and remodel existing facilities. The Contractor shall be notified six (6) months in advance, in writing, and agrees to operate additional premises as requested by the University and shall terminate food service operations at discontinued premises at no expense to the University.

e. The University reserves the right, without interfering with normal food services, to use the dining, production, and service areas under the Contract for its purposes.Appropriate setup and cleanup charges, as agreed by the University and Contractor, may be assessed the University or the University shall have the right to hire its own personnel to perform such services. The facilities shall be restored to conditions satisfactory to the Contractor before the next regularly scheduled meal service.

4. PROHIBITIONS

a. The Contractor shall preclude anyone from:

(1) Using the premises for illegal acts or purposes.

(2) Using the premises for lodging.

(3) Generating or causing the generation of noxious and objectionable smoke, gases, vapors, sounds or noise.

(4) Storing or accumulating flammable liquids and material which may invalidate any insurance coverages for fire and safety carried by the University, as possible non-compliance/non-adherence to applicable Underwriter's rules and regulations or any other codes or ordinances.

(5) posting of unauthorized bills, posters and signs within the premises. Advertising for th~ facility shall be in accordance with University regulations, policies and procedures.

(6) stacking of boxes, cartons, barrels, or other similar items in an unsightly or unsafe manner on or about the premises.

(7) Overloading floors.


(8) Using the premises in any manner found objectionable by the University.

b. Use of University food service facilities in the Campus Center by third parties is prohibited without the express

. written consent of the University.

c. The residence hall dining room shall be used for the purpose of programs solely for resident diners of the University of Hawaii at Hilo. The use of the premises for purposes other than as specified is prohibited.

5. GENERAL OPERATIONAL CONDITIONS

a. The University agrees to collect payment for meals served under the board meal plans and pay the Contractor within a reasonable time after receipt of the invoice. The Contractor shall provide each board student with an on-campus photo identification card. The identification card shall specify the board meal plan purchased, number of meals, transactions, food service locations where the Board Meals Plans may be used, and effective dates of the Board Meal Plans. The Contractor shall submit to the University for approval, sixty (60) days after award of contract, administrative procedures to include, but not limited to, policy, changes, cancellation and refund procedures policy on lost meal cards, service charges for changes, cancellations, and lost meal cards. The University shall furnish the Contractor a complete listing of residence hall students and staff members, required to be under the board meal plan within fourteen (14) days prior to the beginning of each semester and summer sessions. The University shall notify the Contractor of changes to the board meal listing within two (2) work days. Non-resident students, faculty, and staff shall be offered Board Meal Plans.

b. The Contractor shall conduct a food service survey at least once a year, late in the fall semester, to evaluate customer satisfaction with respect to all aspects of the Food Service Program. The survey instrument shall be approved by the University and results of the survey submitted to the University. The Contractor shall, with the mutual agreement of the University, initiate new programs, inclUding but not limited to, food preparation, marketing, new formats and menu variations to enhance the overall food service operations.

c. The University reserves the right to inspect, evaluate and request changes in the operation and condition of the food service facilities at any time with respect to quantity, quality, and production of all food items, the hours of meal service, prices, and the safety, sanitation, and maintenance of the facilities and equipment, all of which shall be maintained at levels satisfactory to the University. Comprehensive inspection forms, agreed to mutually by the


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University and contractor, shall be used by both parties for evaluating the sanitation, safety and maintenance of equipment and facilities. The inspections and evaluations shall be conducted so as not to interfere with the normal operations of food service. The Contractor shall implement requested changes and correct deficiencies as directed by the University.

d. The Contractor shall maintain equipment and facilities and comply with University regulations, as well as, all state and local health and sanitation regulations relating to personnel, maintenance of the kitchens, dining rooms, storage rooms, clothing, etc. The Contractor shall conform with all requirements of the University's Office of Environmental Health and Safety.

e. The Contractor shall not remove or permit the removal from the premises of any of the fixtures, equipment, or furniture owned by the University and/or purchased as new or replacement equipment without prior approval of the University. The Contractor shall submit a report to the University whenever fixtures, equipment or furniture are lost or stolen. The Contractor shall bear all expenses of replacing equipment.

f. The Contractor shall continue to provide food services as provided in the Contract in the event of a strike, work stoppage, or other labor disturbances. The Contractor shall notify the University of any anticipated labor, employee, or vendor problems or any other circumstances that may adversely affect the operations of the food service program.

q. The Contractor shall comply with University safety and security requirements for equipment and facilities. The Contractor shall promptly report security breaches to the University.

h. The Contractor shall provide all vehicles for servicing overall food service operations on the campus. All vehicles shall be the property of the Contractor and shall be identified with Contractor's logo. All vehicles shall be maintained in accordance with state of Hawaii Department of Health standards for transporting food.

i. The University requires all Contractor employees parking a vehicle on campus to pay the prevailing parking fees charged by the University to its own employees. The University. reserves the right to determine the number of parking permits to be issued. The Contractor's employees shall pay the then current rates.

j. The Contractor shall provide food service to persons on campus during an emergency in accordance with the Campus Disaster Plan. The Contractor shall be reimbursed for all


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costs except for cost of providing food services to regular boarders. The Contractor shall not be reimbursed for any loss of revenue from an interruption of the food service operations or for use of facilities for these purposes. In some emergency instances, food service facilities may be used

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Ifor purposes other than food service. I

Ik. The Contractor agrees to purchase all food inventory and I

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supplies of merchantable and usable quality from the prevl.ous II

Contractor at prices no greater than originally paid by the previous Contractor.

1. The Contractor agrees to keep sufficient variety and" quantity of food in stock either at the premises or at purveyor's warehouses to enable the Contractor to continue the food service operations for at least thirty (30) days in case of cessation of food delivery to the state.

m. The Contractor shall provide for any and all other expenses incurred in the food services operations, inclUding costs of air freight in Obtaining foodstUffs to enable the Contractor to continue the food service operations in the event of a shipping and/or dock strike.

n. The Contractor shall provide all office supplies and equipment including, but not limited to, telephone installation, maintenance and monthly service cost, postage, printing, photocopier services, etc.

o. The Contractor shall provide annual health and tuberculosis examinations for all employees.

p. The Contractor shall have identifiable personnel in the dining areas during meal hours on a regular basis. The personnel shall assist in resolving problems and answering questions from customers.

q. The Contractor shall provide all Contractor employees with uniforms and name tags.

(1) Servers shall be appropriately attired (to maintain the highest possible industry standards of sanitation), e.g. white jackets, caps and/or hair nets or as approved by the University.

(2) Food preparersjhandlers shall adhere to the state of Hawaii, Dept. of Health's codes/standards.

r. The Contractor shall distribute to each board student, at the beginning of the fall semester, an information packet about the food service program. During the year, the Contractor shall distribute newsletters, or through other means, continue to provide information regarding, but not limited to, menus, special programs, and food service programs.

OPERATIONAL ~RQYISIQNS_~ 5 L-----------------------

s. The Contractor shall provide at no cost to the University, a nutrition awareness program.

t. The Contractor shall obtain the necessary license to provide for the sale and serving of beer, wine and other alcoholic beverages for cash, caterinq and conference programs at the University of Hawaii at Hilo. The Contractor agrees that the sale of all alcoholic beverages shall be in strict conformance with the University's policies and procedures, and the County of Hawaii Liquor Commission rules and regulations. Prices, locations and operating policies and procedures shall be mutually agreed upon between the Contractor and the University.

u. The Contractor shall utilize advertising and promotional . efforts regularly (e.g., student newspaper and easels) to further the visibility and image of the food service program. The University reserves the right to review and approve all advertising and promotional efforts prior to implementation. Advertising and promotional efforts shall be evaluated using the food service survey as provided in Paragraph b of this section.

v. The Contractor shall participate in major campus events and holidays by offering appropriate food service related specials that complement the events. The University shall work with the Contractor to pre-plan the involvement of the Contractor in these events. Examples include:

(1) Special luncheon formats or picnics on days of concerts, rallies, etc.

(2) Special programs including, but not limited to, musicals, lectures, spring festivals, etc., at the start of each semester which complement University programs.

(3) Special meals on holidays, and other times as required by the University.

(4) Periodic decoration of the dining and serving areas to complement special holidays or campus events.

w. The Contractor shall be responsible for control of keys obtained from the University and for the security of assigned areas. The Contractor shall immediately report all facts relating to losses incurred as a result of break-ins. Contractor shall be responsible for the costs of re-keyinq if key security is compromised due to an act or omission of the Contractor, its employees, or its agents and for all re-keyinq requirements at the beginning of the contract. Contractor shall provide the University with a duplicate set of keys to the premises.


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x. The Contractor will be responsible for the payment of utilities in the residence dining hall. University shall provide utilities except telephone, in the Campus Center Dining Hall. The University does not guarantee an uninterrupted supply of water, steam, electricity, gas or air conditioning (Campus Center). However, it shall be diligent in restoring service following an interruption. The University shall not be liable for any product loss or additional costs which result from the interruption or failure of any such utility service.

y. The Contractor shall assume full financial responsibility for a meal card identification system. The I.D. system shall be established by mutual written agreement between the University and the Contractor.

z. Contractor shall develop a flexible prepaid discount meal plan for approval and implementation. The flexible prepaid discount meal plan shall be used for cash food service. The system shall be available in various denominations for use at any contracted food service location. Unused portions of any balance shall be refunded in accordance with the University's refund policy. Contractor shall promote and encourage the use of the flexible prepaid discount meal plan.

aa. The Contractor shall provide food services and convenience service store items at prices no higher than are stipulated in Attachment E-2. Prices for the initial EIGHTEEN (18)-month period~d subsequent TWELVE (12)-month periodl shall remain fixed provided the Federal and Hawaii state~ax structure and the statutory minimum wage requirements remain the same. However, this does not preclude changes in price downward during these periods. Contractor's request for price changes in subsequent periods shall be submitted to the University for review and approval in a format agreed to by the University and the Contractor. Requests for changes in food prices shall be considered by the University taking into account such factors as, but not limited to, the following:

( 1) The Consumer Price Index Detail Report, as issued by the U.S. Department of Labor.

(2) statutory changes in the local labor hourly rates.

(3) statutory changes in Federal and State of Hawaii Tax structure.

(4) Beginning and ending invoices for raw food costs and related items for a given accounting period.

(5) Prices charged by local commercial food operations and by other educational institutions for comparable items.


(6) Number of each menu item sold, total sales by items and percentaqe sales ratios to total net sales.

(7) Annual sales projections by total sales by items sold and percentage sales ratios to total net sales.

(8) Number of convenience service store items sold, total sales by items, and percentage sales ratios to total gross sales.

(9) Percentage of gross sales charged as Management Fee detail description of services as provided in section 16, Paragraph i(5) (z) ACCOUNTING AND RECORDS, AND AUDIT, OPERATIONAL PROVISIONS - 31.

(10) Percentage of gross sales realized- as net profit.

(11) Cost efficiency measures.

Such price adjustment shall be held firm for a period of twelve (12) months. Prices for any new ala carte items, catering, convenience service store items shall be approved by the University. All prices shall be tax included and the Contractor shall not at any time pass on to the consumers any tax over and beyond the prices agreed upon by the Contractor and the University. All changes to the prices stipulated in Attachments E2 - E12 and prices of new ala carte items, caterinq and convenience service store items shall be effected by a supplemental agreement. University-approved prices shall become effective July 1.

6. GENERAL PERFORMANCE STANDARDS AND FOOD

a. The Contractor shall use the quality standards as minimums in the preparation and delivery of all food services called for under the terms of the Contract:

Beef: All beef cuts will be USDA Choice for prime cuts to include round, loin, flank, rib and chuck. No plate or shank cuts will be used. All ground meat and stew meat will be USDA Grade Choice.

Pork: USDA Grade A #1: cured, smoked, and fresh.

Chicken and Turkey: Fresh, USDA Grade A #1.

Ground Beef: 75% lean, 25% fat.

Steak: USDA Choice steak; not less than 8 oz. in precook and trim weight.

Frozen Foods: Meat, chicken, fish, veal, pork and hamburger patties shall be of the highest quality USDA Grade A #1.


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Fruits and Vegetables - USDA Grade A #1 or highest grades obtainable in each commodity.

Fresh Produce: Apples - u.s. Extra Fancy; Apr!cots'- U.S. #1; Grapes - u.s. Extra Fancy: Brussel Sprouts - U.S. #1: Broccoli - u.s. #1; Tomatoes - u.s. #1.

Seafood: Fresh and frozen - white meat fish, shrimp, scallops, etc. u.s. Grade A where grade exists.

Deli Bar Meats: For sandwiches (e.g., sliced turkey, luncheon meats, bologna, salami, hot dog) shall be of low fat and low salt. Bologna, salami, hot dogs, etc. shal~ be "All-Beef" products.

Tossed Green Salad: Shall contain a minimum of 60% qreens (excluding iceberq lettuce).

Dairy Products: Cheese - Natural non-processed cheeses (e.g., cheddar, Swiss, or Monterey Jack) USDA Grade A. ' For cooking purposes, processed cheeses (American) may be used for menu items as approved by the University.

Canned Food: u.s. Grade A or U.S. Fancy only. Canned vegetables shall not contain lard or animal fat. Canned tuna shall be light meat or white meat. Canned vegetables for soup and casserole may be of lesser grade.

Condiments: Mayonnaise - Best' Foods or other-equivalent extra heavy, Whole-egg real mayonnaise. Low cholesterol options should be considered.

Eggs - USDA Grade A Fresh.

Beverages: Coffee - Grade #1 (brewed decaffeinated and regular); Tea - decaffeinated and herbal; Hot Chocolate highest quality brand having least amount of additives; Fresh Fruit and Vegetable Juices - from fresh or frozen concentrate (no sugar added), 100% pure; Carbonated Beverages - variety offered (no caffeine, sugar free, no caffeine with sugar, no caffeine and no saccharin, etc.); Milk - Grade A Homogenized, Chocolate, Buttermilk, 2% Dairy Milk and non-fat skim milk.

Salad Dressings and Soups: Prepared on the premises using quality inqredients, or if purchased shall be of equal quality in flavor, texture, and ingredients.

All other foodstUffs shall be of comparable quality: highest grade obtainable; select brands with lowest salt, sugar, fat, preservatives and additives; all purchased items shall be as close to "natural" and "fresh", "homemade" and from "scratch", as possible. Package mixes shall not be used unless approved by the University.


Breads: White enriched, high fiber, whole wheat, rye, sourdough, and raisin breads.

Imitation or artificial based foods: Shall not be used without the prior approval of the University (e.q., imitation sour cream, artificial sweetener, non-dairy creamers, non-dairy toppings, etc.).

General standards: All tood items shall be prepared followinq standard industry nutritional guidelines. oils should be polyunsaturated (no partially hydrogenated oils).

b. The Contractor shall revise menus regularly in order to better respond to consumer demand.

c. The Contractor shall implement additional food service programs and operate additional food facilities as requested by the University and as mutually agreed in writing.

d. The following service standards shall be followed for food preparation, serving and cleaning:

(1) All foods shall be garnished for attractive presentation whenever possible.

(2) Serving lines shall be well stocked throughout the entire service. The last customer is to be offered the same range of choices as the first.

(3) Serving lines, salad bars, and food display areas shall be decorated at all times with seasonal displays, flowers, etc.

(4) All hot foods shall reach the patron hot, and all cold foods cold.

(5) All Contractor employees shall be instructed by the Contractor in the proper:

(a) sanitation standards (b) Dress (uniform) and identification (c) Personal habits and hygiene (d) Cleaning procedures

(6) All meals shall be provided with assorted beverages to include a minimum of: coffee, decaffeinated coffee, milk, hot chocolate, four (4) types of soda, two (2) regular and two (2) diet, one (1) type of fruit punch, two (2) types of fresh juices (fruit or vegetable), and tea (regular and varieties of herb bags).


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(7) All meals shall be provided with assorted spice tray to include: Hot sauce, Tabasco Sauce, Heinz Steak Sauce

- "57", Worchestershire Sauce, soy sauce, A-1 Sauce, salt, black pepper, garlic salt, catsup, mustard.

(8) All meals shall be provided with assorted condiments to include: peanut butter (creamy, chunky, natural); two (2) types of jelly, one (1) jam, or preserves; honey, sugar and margarine.

(9) Contractor employees shall be polite and tactful in service and in enforcinq Contractor and University regulations.

(10) Display and serving areas shall be clean, sanitary, orderly and attractive at all times. specifically, the quality and appearance of food shall be inspected by the Contractor prior to the start ot each peak traffic or meal period, and as frequently thereafter as necessary for the duration of the serving period.

(11) Any spillage or soil spots shall be removed promptly from counters, steam table pans, general serving areas, dining room areas, and floors.

(12) Any food appearing discolored, unappealinq or not in a proper state of freshness shall not be served. The Contractor shall adhere to the general food service industry guide that: if you are not willing to purchase or consume a product yourself, it should not be displayed for customer purchase. Leftover food items served the night before which cannot be maintained at the same level of freshness, as when first served, shall not be used. Leftover food shall not be considered as one of the minimum entrees in the Board Plan. It may be served if it falls within the criteria above as an additional entree.

(13) Snack Bar will not serve pre-cooked items, e.q.: hamburgers, chicken patties, fillet of fish, etc.

(14) Breakfast eggs (other than omelet and scrambled) shall be cooked to order.

(15) Appropriate wrappings for foods shall be used as needed. Wrappings shall be both attractive and serviceable.

(16) Salads and other pre-dished items shall be frequently replenished or regrouped so as not to convey a sparse or disheveled counter appearance.

(17) Excessive pre-dishing shall be avoided.


(18) Partially used, broken or spilled items shall be removed from the area promptly.

(19) Tables shall be promptly cleaned and trash receptaclesemptied and cleaned.

(20) utensils (including trays) shall be cleaned and dried before distributing for customer use.

e. Service problems shall be anticipated and resolved immediately. The contractor's management staff shall review and discuss problems on a daily basis, and implement solutions to prevent recurrence and enable supervisory staff to react immediately. Several examples of problem indicators are: lines excessively long for sustained periods of time; bottlenecks causing delays in the line; delays in production; products which are difficult to serve; running out of beverages or condiments; shortages of trays, napkins, silverware; etc.

f. The Contractor shall place in operation an approved system to determine the satisfaction of students and other patrons with the food program. A suggestion box or system of comment shall be made available. Comments or suggestions shall be answered in a timely fashion. The Contractor shall take affirmative action on all reasonable requests referred by the University Food Service committee within seven (7) days and a report of the action shall be submitted to the University.

7 • BOARD MEAL PLAN

a. Cafeteria style meals shall be provided to the University for board students, resident hall staff, commuter students, University employees, and quests in university residence hall dining facilities in accordance with the food service calendar which calls for approximately 126 feeding days during the fall semester and approximately 122 feeding days during the sprinq semester. Mandatory board plans are required of residence hall students in Hale Aloha (52), Hale Kanilehua (52), Hale Kauanoe (136) and Phase IV (242). Residents in Hale Ikena Apartments (210) are not required to be on a board plan.

(1) The Contractor shall provide the following meal plans:

Plan 19 - All nineteen meals per week, breakfast, lunch and dinner, Mondays through Fridays, except holidays, and brunch and dinner on Saturdays, Sundays, and holidays.

Plan 14 - Choice of fourteen (14) of the nineteen (19) meals served per week.


Plan 10 - Choice of ten (10) of the nineteen (19) meals served per week.

(2) Durinq the fall and spring semesters; the daily minimum menu pattern as stated in this section of the specifications shall be adhered to, unless mutually altered and agreed to in writing by the Contractor and the University.

b. Minimum hours of meal service in the cafeteria sha11 be as indicated in Attachment Cl. Changes to scheduled services shall be mutually agreed to by the Contractor and the University.

c. Meals shall be provided to students confined with illness in the residence halls, includinq special diets when required and authorized by the Student Housing Office. There shall be no cost to the student who is on the board meal plan. For those students not on a meal plan, the cost shall be the price for cash meals.

d. A five (5) week menu cycle shall be utilized. All menus shall be prepared and submitted three (3) weeks in advance to the University for approval. Reasonable University requests shall be met, and approved menus shall be altered with the mutual consent of the University and the Contractor.

(1) A hiqh quality food service shall be maintained. Unlimited quantities of all food and beverages, includinq milk, shall be made available to board students on meal plans with the exception of entrees served on steak, special dinner nights and snack bar operations. For first servings of main entrees, students shall have the choice of one (1) entree or half portions of two (2) entrees.

(2) Holders of Meal Plans shall be permitted to have lunch at alternate contracted food services facilites at a dollar value agreed to between Contractor and University.

(3) The following daily minimum menu pattern shall apply to meals prepared for the board meal plans and shall be standardized for all residence hall dining facilities.

BREAKFAST

ENTREES: Two (2) entrees, One (1) of which must always be egg (any style) and one (1) bread item alternated daily, such as hot cakes, waffles, french toast, etc.

BREAKFAST MEATS: One (1) solid meat each day (meat added to entree, shall not be considered solid meat, e.g., scrambled with diced ham).


White and brown rice, and hash brown potatoes, potato wedges or tater tots.

SYRUP: Two ( 2) Types of syrup.

BREADS: Variety of breads including bagels, muffins and coffee cake.

JUICES: Assorted breakfast juices [one (1) must be fresh or frozen orange juice and one (1) must be veqetable] .

CEREALS: six (6) assorted cereals, one (1) of which must be hot, two (2) varieties weekly, and one (1) high fiber on a rotating basis throughout each week.

FRUITS: Choice of at least two (2), one (1) of which must be fresh, such as apples, bananas, and oranges to be served whole and grapefruits to be served in halves, plUS other seasonal fruits (e.g., cantaloupe, watermelon, etc.) or canned.

BRUNCH

Weekend and Holiday Meal Plan

SAMPLE MENUS (Dollar value similar to lunch)

CONTINENTAL BREAKFAST: Juice, coffee, tea or milk. Cereal (dry), pastry, bagel or muffins.

HOT ENTREES:

Juice, coffee, tea or milk Cereal (Dry) Bread items Eggs and breakfast meat

SNACK BAR:

Hamburgers, cheeseburgers french fries loco moco hot dogs chili rice beverage

LUNCH

SANDWICH BAR: Sandwich bar, consi~tinq of the following:

BREADS: Variety of breads for sandwiches.


DELI MEATS: Three(3) deli meat items, one must be white meat. (other than white meat, deli meats will be served on a rotation basis and will not be repeated more than twice each week.)

SANDWICH SPREADS: Two (2) sandwich spreads, one (1) item must be tuna salad, and the other shall be egg salad, chicken salad, turkey salad or ham salad on a rotation basis.

CHEESES: Two (2) cheeses.

Lettuce, tomatoes, pickles and onions.

Mustard, catsup, horseradish, relish and mayonnaise.

SOUP: One (1) daily hot soup item and appropriate toppinq (e.g., cracker, crouton).

SNACK BAR: Shall be operated to provide service at a dollar value similar to arrangements to d2 above.

SALAD BAR: Tossed qreen salad, plain and flavored yogurt, macaroni or potato salad, and a minimum variety of, but not limited to, from the following:

ten (10) salad accompaniments

Fresh Mushrooms Cucumber Croutons Fresh sprouts Onions

Assorted Nuts/GranolaDried Meat Tomatoes

cottage Cheese Radishes Cheese Carrots Bacon Bits Canned Peaches

Grated Eggs Green Peppers Ripe Olives Garbanzo Beans

Bean Sprouts Sunflower Seeds

Kidney Beans Green Peas

Broccoli Spears Spinach Greens Raisins

Sliced Beets Alfalfa SproutsCauliflower

Pickles Jello Mold

SALAD DRESSINGS: Variety of four (4) salad dressings with a minimum of one (1) low calorie choices to include Thousand Island, French, Italian, Creamy Italian, Blue Cheese, Roquefort, Russian, Oil, Vinegar, oil and Vinegar.

DESSERTS: Four (4) desserts with a minimum of one (1) ice cream and one (1) fresh fruit to be served whole or cut such as cantaloupe, watermelon, etc., and/or canned fruits.


DINNER

DINNER ENTREES: Three (3) entrees: two (2) hot entrees, one (1) of which must be solid meat (includes fish or fowl), and one (1) vegetarian entree.

HOT VEGETABLES: Two (2) hot vegetables.

White and brown rice, and mashed potatoes, potato wedges, french fries, or baked potato.

SALAD BAR: Tossed green salad, plain and flavored yogurt, macaroni or potato salad, and a minimum variety of, but not limited to, ten (10) salad accompaniments from the following:

Fresh Mushrooms Cucumber croutons Assorted Nuts/Granola Fresh Sprouts Dried Meat Onions Tomatoes cottage Cheese Radishes Cheese Eggs (Grated & Sliced) Carrots Green Peppers Ripe Olives Pickles Canned Peaches Garbanzo Beans Bean Sprouts Kidney Beans Sunflower Seeds Green Peas Broccoli Spears Sliced Beets spinach Greens Alfalfa Sprouts Raisins Jello Mold Bacon Bits Cauliflower

SALAD DRESSINGS: variety of four (4) salad dressings with a minimum of one (1) low calorie choices to include Thousand Island, French, Italian, Creamy Italian, Blue Cheese, Roquefort, Russian, Oil, Vinegar, Oil and Vinegar.

DESSERTS: Four (4) desserts with a minimum of one (1) ice cream and one (1) fresh fruit to be served whole or cut such as cantaloupe, watermelon, etc., and/or canned fruits.

SOUP: One (1) daily hot soup item and appropriate topping (e.g., cracker, crouton).

BREADS AND ROLLS: Variety of breads, rolls, biscuits or muffins.

OPERATIONAL PROVISI01~S - 16

(4) Whenever tacos, burritos, tostadas or Mexican entrees are served, additional items on the salad bar shall include: salsa, sour cream, taco sauce, shredded cheddar cheese, shredded lettuce, diced fresh tomatoes and onions, and homemade guacamole.

(5) Whenever baked potato is served, sour cream shall be provided. Whenever seafood entree is served, cocktail sauce and tartar sauce shall be provided.

(6) Tablecloths are to be used for special occasions in all residence hall dining cafeterias.

e. The Contractor shall provide a variety of programs and special dinners for board students at no extra charge. These shall include, but not limited to:

(1) One (1) meal per calendar week shall be a USDA Choice top sirloin steak or prime rib, 8 oz.; and a special hot high quality meatless vegetarian entree served in unlimited quantities. steak night shall be on days other than Fridays and weekends.

(2) Snacks durinq final examination periods at the end of each semester. At appropriate times during examination periods, Contractor shall provide and deliver snacks for students at no additional cost to the board students. Examples of snacks are as follows: Cookies, baked goods, seasonal fruits, ice crea~, sandwich bars, assorted beverages (fresh juices, carbonated or fruit punch, etc.).

(3) Once a month, in lieu of steak night, include a premium entree selection, e.q., stuffed pork chops, baked chicken with stuffing, baked cornish hen with stuffing, veal scallopini, meat or chicken kabobs, etc.

(4) Once a month, to include ice cream sodas, potato bars, popcorn, candied applies, roasted peanuts, decorateyour-own cupcakes, etc.

(5) Once a month, to include sundae bar of four (4) flavors of ice cream with a choice of six (6) toppings of hot fudge, nuts, coconut, fruit cocktail, candy sprinkles, and pineapple.

(6) A sack lunch and dinner program shall be made available to all students on the board plan. All requests must be submitted twenty-four (24) hours in advance. Sack meals shall only be provided when boarders are required to miss a scheduled meal for an official University activity. A sack meal must include at least a solid meat sandwich, carrot and celery sticks, fresh fruit, bag of chips, one-half pint of milk, and cookies.


Special meals shall be available for vegetarians or others on special diets.

(7) Refreshments (coffee, tea, or punch with cookies, cake, etc.) weekly for approximately 75 people attendinq an educational, cultural and recreational event sponsored by Student Housing.

f. The Contractor shall provide raw or prepared food as requested for retreats sponsored by the Student Housing Office which involve board students on meal plans and at no additional cost to the board students. Retreats and menu selection must be approved in writing seventy-two (72) hours in advance by the University and the Contractor. A minimum menu of six (6) entrees, two (2) of whi·ch must be vegetarian, shall be available from which the retreat group can select one (1).

q. Contractor and University shall establish student Residence Hall Food Committees to discuss food service issues in the boarding areas. The food committees shall be University chaired. Meetings shall be held monthly (between October 1 and May 5) at a mutually agreed time and place determined by the University and the Contractor. The Contractor shall submit copies of the minutes to the University.

h. Contractor shall provide a special all-boarders meal program once per semester in cooperation with student Housing Office (cook-out, Hawaiian luau).

8. CASH FOOD

a. The minimum service hours for the cash food facilities for the academic year, holidays and summer are shown in Food Service Operating Hours in Attachment Cl. Any adjustments in the hours of operation must be by written agreement between the University and the Contractor.

b. The Contractor shall, with the approval of the University, implement, merchandise and promote new product variations in a manner typical of commercial operations. These shall include, but not limited to:

(1) Use of point of purchase displays.

(2) Periodic posting of printed material(s) at cash food locations and other appropriate locations on campus to include, but not limited to, announcement of new products and services.

(3) Use of flexible prepaid discount meal plan, daily specials, and introductory pricing on new items.


c. The Contractor shall provide, at no expense to the University, a two-way information holder to be placed at all tables in the cash facilities. One (1) side of this holder shall be tor the exclusive use ot the Contractor for the promotion of food service items. The other side may be used by the University to promote various programs. Design of the holder shall be approved by the University.

d. Contractor and University shall establish an advisorycommittee to discuss food service issues in cash operational areas. The committee shall be University chaired with representative membership. Meetings to be called by chair as needed.

9. SUMMER BOARD/CONFERENCE MEAL PLAN

a. Summer Board/Conference Meal Plans shall be by written agreement between the University and the Contractor.

10. CATERING

a. The Contractor shall have exclusive rights to operate a food catering program to service on campus university approved functions such as retreats, receptions, athletic events, training table meals, or other special events as requested by the University. The exclusive rights granted hereunder shall not extend to University employees or other recognizedUniversity organizations that do not use commercial entities.

b. The Contractor may do private catering (Campus Center DiningRoom only) as part of their cash operations, but may not book any private event more than sixty (60) days in advance.

c. The Contractor shall formulate and submit to the University for approval a catering guide including menus, refreshments, portion servings, catering policies, minimums, additional charges, etc. Copies of the caterinq quide shall be made available upon request. The cost shall be borne by the Contractor.

d. Prices charged for catering services shall ,be approved by the University.

e. Minimum standard level of service for all refreshment orders shall include paper service (tablecloths, napkins, cups, stirrers) and if applicable, spill cloths, sugar, creamers, and plastic ware.

f. All catered meals which meet the minimum participation levels specified in the catering guide shall include the followingitems: linen tablecloths and napkins, full china service including glasses, flatware, candles, fresh flowers and catering personnel in appropriate uniforms.


q • . The University shall control the space and schedule of authorized catered events. The Contractor shall arrange .enu, sarvices requirad, and advise on effective proqram arranqements with the individual or department requesting caterin9 services.

h. The Contractor shall provide a SUfficient number of qualified and trained staff to service the events, take and process catering orders, respond to inquiries and handle all aspectsof a quality catering program.

1. The Contractor shall be responsible for all billings and collection of billings. All billing and collection procedures shall be approved by the University prior to the start of the contract.

j. Meals for Un1ve~sity approved functions, athletic teams and traininq table meals shall be prOVided as requested by the University. Serving hours shall reasonably complement the university approved functions and training schedule. In the eVent the University apProved functions and traininq table · meals involve boardinq students on meal plan and takes the place of a regular meal, charges shall be m~de only to the .xtant said costs exceed the board stUdents' rate.

k. Contractor shall specify ~he maximum number of catering events and/or meals that can be provided during any siven daywithout sacrificing quality of sarvice.

1. The University reserves the riqht to supplement cataring services with other means in the event that the number of events/meals schedUled Qxeeads maximum capacity specified in Paragraph k of this section, or in the event that the Contractor is unable to provide specialized ~enus as determined by the University.

~l. CONCESSION

a. The Contractor shall provide food and beverage concessions at campus events as requested by the university.

b. Pricing of concession items sold also as cash ite~s shall be the same.

c. Items in the Cash Food Price List shall be offered and in addition, new proQuct items unique to the concession industry, at UniversitY~Approvedprices.

d. All products to be so1d shall De approved by the university.

e. The Contractor shall maintain university equipment and provide additional and replacement .quip~Qnt ih all concessions throughout the t.~ of the contract.)

OPERATIONAL PROVIS~ONS - 20

12. VENDING OPERATION

a. Vending operations shall be by written agreement between the University and the Contractor. Current vendinq locations are shown in Attachment B.

13. CONVENIENCE SERVICE STORES

a. The University grants to the Contractor the right to operate convenience service stores at University-approved locations to meet student needs. Some of the products to be sold at these stores may include packaged food items such as potato chips, corn chips, nuts, assorted qums and candies, ~hinese seeds as well as microwave food items, and grocery items such as canned goods, canned sodas, eggs, milk, bread, rice, cold cuts for sandwiches, jams, jello, mayonnaise, boxed breakfast cereals, sundry items such as facial tissues, toilet tissues, and paper towels, and rental of video tapes and equipment.

b. The minimum service hours for the convenience service stores for the academic year, holidays and summer shall be established jointly between the Contractor and the University. Any adjustments in the hours of operation must be by written agreement between the University and the Contractor.

c. Items in the convenience service store price list shall be offered and in addition, new product items unique to the convenience service store industry, at University-approved prices. All product items to be sold shall be approved by the University.

14. EQUIPMENT, FACILITY MAINTENANCE, HOUSEKEEPING AND SANITATION

a. The Contractor shall be responsible for all costs required provide and meet the following requirements:

(1) Adhere to the highest standards of cleanliness and sanitary practices in compliance with the state of Hawaii Department of Health, Chapter !-A, Food Service and Food Establishment sanitation Code, and University of Hawaii Office of Environmental Health Requlations. Within sixty (60) days after receipt of Notice to Proceed, a cleaning and pest control schedule shall be developed and submitted to the University for approval.

(2) Provide daily housekeeping, sanitation service and supplies for all food service areas and equipmentinclUding, but not limited to, food preparation and production, serving kitchens, dining rooms, snack bars, refrigerators, freezers, receiving and storage, exterior patio decks, exterior food eating areas, windows, furnishings, furniture and fixtures, drains, grease traps, exhaust hoods, trash and garbage receptacles,


employee locker and rest rooms, offices, hallways, freight elevators, loading docks, stairs used by food service, etc.

(3) Provide all trash cans and liners and the removal of all trash, waste and litter from food service areas to municipal land fill.

(4) Survey all food service equipment prior to the commencement of the contract, and identify the operational condition for major equipment items. All equipment that requires direct wiring is defined as major equipment and includes, but shall not be limited to, dishwashers, mixers, stoves, ovens, fryers, steamers, kettles, ventilation hoods, dishwashers, washinq machines and dryers, potwashers, steam tables, refrigeration units (including compres~ors and motors, etc.), choppers, slicers, microwaves, di~posals and dishbelts, steam or hot water boilers, etc. The Contractor shall submit a list of all equipment accepted in present condition and conditionally accepted with a provision for repair and maintenance. The University and Contractor shall review all conditionally acceptedequipment and identify the repai~s needed to bring each equipment item to a mutually acceptable operational level. All costs required to bring each equipment item to a mutually acceptable operational level shall be paid for by the University~

(5) Implement a preventive maintenance program fo~ all equipment in accordance with manufacturer's recommendation and manuals furnished with equipment. The Contractor shall submit to the University no later than ninety (90) days after commencement of contract, a schedule of the Preventive Maintenance Program. The Contractor shall be operationally responsible for the preventive maintenance program and shall submit to the University at the end of the fiscal year, but no later than August 30, a report of the preventive maintenance conducted on all equipment.

(6) Replace any equipment furnished by· the University or equipment purchased by the Contractor for use at the University that is damaged or beyond economic repair.Replacement costs due to normal wear and tear will be paid for by the University. Damaged equipment will be paid for by the Contractor. All new or replacement purchases of equipment, excluding vehicles, and vending equipment, shall become the property of the University.

(7) The University may at its discretion provide the services of its maintenance staff at the contractor's request and expense to assist Contractor in carrying out its maintenance obligations and retains the right to


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inspect all work p~rfor~ed by non-University personnel on its facilities or equipment.

(8) Verify with the University the physical inventory of all equipment at the commencement of the contract. A University Equipment Inventory Report as of June 30 shall be provided annually and and shall account for all equipment listed in the report and noted locations. Equipment that is unaccounted for shall be noted with an explanation on the report and returned to the University no later than November 30 annually. The Contractor shall submit the appropriate University forms required for lost, stolen or unaccounted equipment and shall replace those items at the cost of the Contractor.

(9) Provide all janitorial and chemical supplies.

(10) Maintain the condition of all moveable kitchen and serving equipment including china, glassware, silverware, trays and also maintain the quantity and quality as verified in the initial inventory and any additional equipment purchased by the Contractor for the ( University under the terms of the Contract; at the termination of the Contract, the Contractor shall surrender all equipment and facilities in as good condition as when received, ordinary wear and tear excepted.

(11) Maintain all office furniture and equipment provided by the University and shall provide additional or replacement office furniture or equipment.

(12) Provide preventive maintenance on all cash registers.

(13) Establish procedures for the conservation of utilities.

(14) For loss or damage for which the Contractor is liable, the Contractor shall make the necessary repairs and replacement of said equipment and related facilities.

b. The University shall provide for the service, maintenance, inspection and certification of freight elevators, and inspection and certification of fire extinquishers and fire extinquishinq systems. The University shall bill the Contractor all costs for these services, related only to the food service operations. Payment for services shall be due within thirty (30) days of date of invoice.

15. PERSONNEL

a. The Contractor shall maintain adequate staff at all times to ensure a high quality food service operation, inclUding qualified personnel for administration, meal planning and preparation, purchasing, equipment consulting, and


supervision. The Contractor shall submit, ninety (90) days after receipt of the Contract award, for review and approval by the University a transitional plan for the orderly phase-in of personnel to provide the food service program. The Contractor shall submit annually for review and approval by the University, the organization and staffing plan tor administration of the food service operations covered under the contract. The Contractor shall bear all personnel costs including, but not limited to, salaries, wages, employee benefits, etc.

b. The minimal acceptable management staffing plan for managers shall include a full time Food Service Director/Manager and two (2) assistant managers, [one (1) for the campus Center and one (1) for the residence dining hall].

c. The University reserves the right to participate in the interviewing of the final candidates for the selection of the Food Service Director/Manager. Further, the University reserves the right to review and approve the selection of the Food Service Director.

d. The Contractor shall give the University a minimum of forty-five (45) days written notice on the transfer or reassignment of any manager and sixty (60) days notice upon the transfer or reassignment of the Food Service Director.

e. The Contractor shall employ experienced cooks_for the Board, Cash Sales, Snack Bar and Concession Operations; and experienced bakers for the Bakery Shop. Preferably one (1) of the cooks shall be a chef with experience in production and supervision in the food service industry.

f. The Contractor shall:

(1) Ensure production of the highest quality of food possible in the board, cash sales, summer board and conference, concession and catering operations;

(2) Provide for the continuous traininq of all food production personnel;

(3) Prepare special gourmet items upon request;

(4) Be responsible for the development of menus and portions for all food services;

(5) Oversee production for catered events.

g . All contractor's personnel shall be subj.ect to Univers i ty regulations regarding personal behavior and use of University facilities, and shall be dismissed at the request of the University for violations thereof or for conduct detrimental or offensive to the interests of the University.

I

aslh. The Contractor shall use as a quideline minimum waqe rates published by the Hawaii Employers Council "Pay Rates in the Restaurant Industry" as shown in Attachment D.

i. The Contractor shall provide, at no cost to the University, regional management staff with administrative office located in the state of Hawaii, made known to the University by name, to routinely review and inspect operations, consult with the Unive~sity on current and future food service programs, and to act on the Contractor's behalf in any and all matters pertaining to the terms and conditions of the contract.

j. Upon request, the Contractor shall supply the University with a list of employees, supervisors, and manaqement personnel by assigned work area ~nd salary allocation on both the academic and full year basis.

k. The Contractor shall give priority and employ University of Hawaii at Hilo enrolled students for part time employment in the campus food services. Preference for employment in the boarding operations shall be given to students residing in Residence Halls. Students currently employed in food service operations shall be given first priority. In addition, free meals may be offered as determined by the Contractor, except that if the student employee is a resident ot a dormitory and is required to purchase a board meal plan, the student shall be paid cash in lieu of free meals.

1. All student employees shall be paid comparable or higher hourly rates as student employees elsewhere on campus.

m. The Contractor shall hire for a probationary period of sixty (60) days and at the new Contractor's proposed pay rates, all current Contractor's nonmanagerial employees who desire to remain employed at the University food service program. The Contractor shall give written notification to all employees who will be separated from service two (2) weeks prior to the end of the sixty (60) day probationary period.

n. Periodic review of all employees shall be conducted and shared with appropriate University personnel. The University reserves the right to require the Contractor to dismiss personnel that the University deems incompetent, uncooperative, negligent, insubordinate, or otherwise objectionable.

o. The Contractor shall provide food service training for employees at all levels of the organization, including but not limited to, contract requirements and services to be provided. The Contractor shall submit to the University, on a fiscal year basis, a report on training activities and related costs.


16 • ACCOUNTING AND RECORDS, AND AUDIT

a. Contractor shall maintain accurate, complete and separate books of accounts accordinq to generally accepted accounting principles reflecting the food service operations on the University of Hawaii at Hilo together with appropriate supporting data and documents.

b. Contractor shall make said books of accounts and supporting data and documents available in the state of Hawaii for inspection, reproduction, and audit by the University at all reasonable times, and shall retain and make availab1e said books, data, and documents at all reasonable times for a period of at least three (3) years after the close of the fiscal year. If a dispute, discrepancy, litiqation, or claim is instituted before the expiration of the three (3) years period, the Contractor shall retain all books of account, data, and supportinq documents until such disputes, discrepancies, claims, litigations, or audit findings are resolved.

c. The Contractor shall submit ninety (90) days prior to the start of each fiscal year and using the Pro Forma statement format, operating budgets by locations, type ot operations,and on a composite basis. The Contractor shall state the previous fiscal year actual revenues and expenses and project revenues and expenditures for the new fiscal year. The Contractor shall submit as part of the operating budqet narratives of variances of projected revenues and expenses.

d. The Contractor shall submit to the University the first six (6) months operating statements coverinq the period of January 1, 1991 to June 30, 1991. In order to coincide with the University fiscal reporting periods, subsequent reports shall be submitted at the end of June 30.

e. The Contractor shall submit to the University operating statements, inclUding but not limited to, profit and loss statements, depreciation schedules, rebate schedUles, board income, cash sales receipts, vending sales receipts by machines and category of sales with meter readings, etc., by location and type of operation for the operation of all food service facilities within twenty-five (25) days after the close of each calendar month. Causes of abnormal revenues and expense deviations shall be noted by the Contractor as part of this statement.

f. Each operating statement, by location and type of operation, and on a composite basis, shall present budgeted and actual revenue and expense figures for the report period, and fiscal year-to-date with percentage variance ratios qiven for each


line item and report period. All costs ot centralized food services shall be prorated on the basis ot sales volume at each location.

g. operatinq statements shall be required, except as mutually aqreed by the Contractor and the University in writing.

All expenses ot Item 16 shall be prorated in accordance Paragraph e.

h. The University may terminate food service locations and/or develop additional facilities for food service programs. The Contractor shall include or delete the locations and type of operation on the operating statements, except as mutually agreed by the Contractor and the University in writing.

i. The operating statement shall be in the following format. Changes or revisions to the format shall be mutually agreed to in writing by the University and the Contractor.

(1) SALES

(a) Board Meal Sales

The net dollars and cents paid the Contractor by the University for the number of meal days served by the Contractor for the period resultinq from board meal plans for residence hall_students.

(b) Summer Board/Conference Sales

Summer Board Meal Plans to residence hall students and charqe or cash sales income from food, beverage, and services provided as part of the summer and winter conferences.

(0) Convenience Service store Sales

Sales of convenience service store items.

(d) Other Income

Charges to reissue lost meal card, SUbsidies, rebates, sales of grease, fats, or other waste, Contractor employee meals, etc.

(2) GROSS SALES

The combined revenue of board, summer board/conference cash, catering, concessions, vending sales, convenience service store sales, etc.


(3) COST OF SALES

(a) Production Costs, Food

Food, Meat, Fish, Poultry Fruits and Vegetables Dairy Beverages Sundry Items

(4) GROSS PROFIT

Sales less cost of sales.

(5) OPERATING EXPENSES

Ca) Personnel Costs

(i) Salaries and Wages

Management

(ii) Regular Employees

(iii) Casual or Part-time

(iv) Payroll Taxes

contractor's share of expenses.

(v) Fringe Benefits

Provisions for accrued vacation, holidays, sick leave, retirement benefits.

(b) Advertising and Promotions

(e) Office Expenses

Expenses of standard office operations, telephone installation, maintenance and service.

(d) Paper Supplies

Including disposable foam, paper or plastic plates, cups, trays, flatware, napkins, table linen, wrapping materials, and necessary dispensers.

(e) Cleaning Supplies

Expenses of the Contractor for detergent, sanitizer and rinse compounds.


(f) Laundry Service

Costs for washing and/or dry cleaninq towels, uniforms, table linens, napkins, etc.

(q) Linens

Expenses for towels, pot holders, uniforms, table linen, etc.

(h) Rubbish and Garbage Removal Expense

Removal of rubbish and/or garbage.

(i) utilities

(j) Equipment Rental/Lease and Maintenance Expense

(k) Repair and Maintenance

(i) Furniture, fixtures, and equipment (il) Facilities

(1) Car and Truck Expense - Other

(i) Vehicle registration fees (ii) Gas and oil purchases (iii) Repair - parts and labor (iv) Insurance (v) Repair/purchase tire and tubes (vi) Cost of collision repairs (vii) Credits from insurance claims collision (viii) Motor vehicle lease

(m) Car and Truck Depreciation

Depreciation charge on company owned vehicles used on University of Hawaii at Hila.

(n) Equipment Depreciation

Depreciation charge for new and replacement equipment over five hundred dollars ($500.00) purchased for University of Hawaii at Hilo food service based on the standard life of equipment determined by the University at time of purchase. The Straight Line Method of depreciation shall be used. The equipment capitalization value for depreciation purposes shall be the value established by the University at the time of acquisition. Equipment depreciation shall not be permitted for equipment purchased by the University.


(0) Amortization Investment

Investment amortization based on straight-line depreciation over a period ot fifteen (15) years.

(p) Insurance

Charges for:

Money and securities Vandalism Fire and extended coverage on food inventory Comprehensive liability

(q) Expendable- Equipment Replacement

Provision for replacement of expendable equipment, hand tools, and expendable equipment parts under five hundred dollars ($500) per item. The straight Line Method of depreciation shall be used. The equipment capitalization value for depreciation purposes shall be the value established by the University at the time of acquisition.

(r) China, silverware and Glassware

Expense for replacement of china, silverware, glassware and serving trays.

(s) Meal Tickets

Costs of providing required meal tickets and proper identification.

(t) Pest Control

Services and supplies for pest control.

(u) Other Direct Expense

Car Allowance, excluding personal use, for managers Armored Car Service Change of safe combination and keys

Expense not classified elsewhere and agreed by mutual consent.

(v) Shortages and Overages

Cash overages and shortages

(w) Licenses and Permits

(x) All Taxes


(y) Rebates

Rebates paid to the University.

(z) Management Fee

Indirect overhead charge to include accounting and data processing, clerical, purchasing, dietary, management recruiting, consulting and home office supervision and administrative expense,subscriptions to professional journals, and other related contractor's expenses.

(6) Total Expenses

(7) Net Profit or Loss

On request of the University, the Contractor shall meet with the University and review operating statements, explain deviations, discuss problems and mutually agree on courses of action to improve the results of the required services included in the Contract. Financial statement adjustments required as a result of review and/or audit shall be identified and reflected on the next period statement.

j. The Contractor shall agree to an annual audit of the contractor's financial statements and operati9ns for the contract year, in accordance with generally accepted aUditing standards and by an independent public accountant. The University shall select and bear the cost of an independent certified public accountant firm to perform the audit. The scope of this examination shall be such that an auditor's opinion shall be issued. The University shall notify the contractor, in writing, of any deficiency made known as a result of said audits. The Contractor shall, within thirty (30) days of receipt of written notice, correct any deficiencies noted by said audit, in its accounting procedures. If the audit should uncover the under-reporting of sales, the Contractor shall make the appropriate payment to the University. If the result of the audit is an overpayment by the Contractor to the University, the University shall refund or credit the Contractor for the amount overpaid.

k. Charges by the Contractor for services not permitted by or beyond the scope of the contract shall be an expense of the Contractor.


1. Billing and collections for special events, caterinq, conferences, etc., shall be made by the Contractor. Charges by the Contractor for the services not permitted by or beyond the scope of the contract shall be an expense of the Contractor and the University shall not be held liable for any unpaid accounts that are deemed uncollectable at the end of each year of the contract or on the expiration of the contract.


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o Handicapped Parking

UHH

14 Bulldln, Loc8t1on

Athletic Complex, Bldg. 320 6-F Bookltore, Bldg. 348 9-P Building 320C (Athletic Comptex) 6-F Bualn••• Education. Bldg. 348 9-P Cafeteria (Campul Center). Bldg. 338 7·M Campus Center. Bldg. 338 7·M College Han. Bldg. 3458 '1Q College of Arts and Science.

O••n's Office 12·R Edith Kanakl'ole Hall, Bldg. 333 9-0. 1o-N Hawaii Community College Provost', Office 10-0

Le.rning Lab (Library). Dldg. 33. 9-M Library & Media Center 9-M Life Science. Bldg. 344 11·M Portable Building 8A 8-Q Portable Building 10·1 9·L Portable Building 13·1 10-M Student Services, Bldg. 338 S-N Theatre, Bldg. 342 7-P UHH Administration, Bldg. 335 8-K Wentworth, Bldg. 348 11·0

MAUKA CAMPUS

141 ATIACID.·fENT

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UNIVERSITY OF HAWAII AT HILO FOOD SERVICES PREMISES

A CAMPUS CENTER DINING ROOM

Dining room, private dining room, service areas, kitchen, dishwashing area, office, food storage room, loading dock and locker/restroom.

B. RESIDENCE HALL DINING ROOM

Dining room, snack bar, service area, kitchen, dishwashing room, office, loading dock, storage room, lockers/shower and restroom. .

c. CUBE SNACK BAR All of the designated areas mutually agreed to by University and Contractor.

AITACHMENT - A2

UNIVERSITY OF HA:WAlI AT HILO FOOD SERVICE LOCATIONS, TYPE OF OPERATIONS,

SIZE AND VOLUME OF BUSINESS

A CAMPUS CENTER DINING ROOM

1. Type of Operations:

Cash and Fexible Prepaid Discount Meal Ticket Sales serving breakfst and lunch, Monday to Friday; approximately 450 seating capacity; conference and catering operations.

2. Estimated Sales:

Cash 165,051 Summer/ Conference 148,360 Catering 71,438 Vending 38,738 Pub 12,081 Snack Bar 14,824 Concession(sports) 13,489

Total 463,981

B. RESIDENCE HALL DINING


Board, Flexible Prepaid Discount Meal Tickets, and cash Sales serving breakfast, lunch and dinner, Monday to Friday, brunch and dinner on Saturday, Sunday and holidays for 482 resident hall students and snack bar operations.

2. Estimated Sales:

Board Meals 649,086

c. CUBE SNACK BAR


Fast food cash sales; Monday to Friday; location of cube depending on demand of students.

2. Estimated Sales:

Cash 37,133

AITACHMENT - A3

VENDING LOCATIONS

Canned Soda Machines Hale Aloha Hale Kanilehua Hale Kauanoe - Mens Hale Kauanoe - Womens Hale Kauanoe - Lounge Hale Ikena HCC Campus College of Agriculture Campus Center Gym Theater Training Center Student Services Wentworth

Ice Cream Hale Aloha Hale Kanilehua Hale Kauanoe Hale Ikena Campus Center

Candy/ Snacks Hale Aloha Hale Kanilehua Hale Kauanoe Hale Ikena Campus Center

Cigarette Hale Kauanoe Hale Ikena

AITACHMENT · B

FOOD SERVICE OPERATING HOUR

BOARD DINING ROOM

Meal and Meal times are as follows: Academic Year

Monday - Friday Breakfast Lunch Dinner

Saturday, Sunday & Holiday

Brunch: Contenential Brunch: Hot Entrees Dinner

Conference/Summer

As mutually agreed to by the University and Contractor.

CAMPUS CENTER DINING ROOM Academic Year

Snack Bar Lunch (Hot Entrees)

Summer

As mutually agreed to by the University and Contractor.

CUBE (CASH FOOD)

Academic Year

Snack Bar

Summer As mutually agreed to by University and Contractor.

UHH SPORTS CONCESSION

6:30 am - 8:15 am 11:00 am - 1:15 am 5:00 pm - 7:00 pm

7:00 am - 11:00 am 10:00 am - 11:00 am 5:00 pm - 6:00 pm

7:00 am - 4:00 pm 11:00 am - 1:30 pm

9:00 am - 3:00 pm

Various times and places as mutually agreed to by University and Contractor.

AITACHMENT - C1

Shuttle Service

For Hale Aloha residents, a minimum shuttle service shall be provided as listed below. The shuttle will be at the hall approximately 10 (ten) minutes after it leaves the cafeteria.

Monday - Friday

Breakfast

Leave cafeteria

7:10 am 7:35 am

Leave Hale Aloha 6:30 am 7:15 am 7:40 am

Lunch 11:25 am 12:10 pm 1:05 pm

11:30 am 12:15 pm 1:10 pm

Dinner 5:00 pm 5:40 pm 6:10 pm

5:15 pm 5:50 pm 6:20 pm

Saturday - Sunday & Holidays

Brunch Dinner

9:55 am 4:55 pm

10:00 am 5:00 pm

AITACHMENT - C2

HAWAII EMPLOYER'S COUNCIL PAY RATES

JQ.B CLASSIFICATION WAGERAJE

Cashier $6.93 - $7.80

Dishwasher (hand or machine) $3.95 - $4.50

Kitchen Helper $3.70 - $4.05

Counter Attendant $3.60 - $4.10

Pantry Worker $5.25 - $8.20

Cook, Fry $4.00 - $6.00

Cook, Assistant $4.25 - $5.00

Cook, General $6.00 - $7.25

Baker $5.50 - $6.90

AITACHMENT - D

UNIVERSITY OF HAWAII AT HIW

BOARD MEAL PlAN COST

CURRENT 1989-90 ACADEMIC YEAR

The price per student per day for furnishing board meal plans are as follows:

Plan 19 - Nineteen Meals per Week $ 7.00

Plan 14 - Fourteen Meals per Week $ 6.05

Plan 10 - Ten Meal per Week $ 5.50

AITACHMENT - E1

UNIVERSITY OF HAWAII AT HILO FOOD SERVICE

PRICE UST AND PORTION SERVINGS

CAMPUS CENTER DINING ROOM CASH AlA CARTE

PORTION/ ITEMS SIZE

BEVERAGES

Carbonated & Non-Carbonated Drink 12 oz. Carbonated & Non-Carbonated Drink 16 oz. Carbonated & Non-Carbonated Drink 20 oz. Carbonated & Non-Carbonated Drink Jumbo Ice Tea 12 oz. Ice Tea 16 oz. Ice Tea 20 oz. Ice Tea Jumbo Fruit Juices 8 oz. Fruit Juices 12 oz. Fruit Juices 16 oz. Fruit Juices 20 oz. Fruit Juices Jumbo Coffee 8 oz. Coffee 10 oz. Coffee 12 oz. Hot Chocolate 12 oz. Hot Tea 8 oz. Milk 8 oz Milk 120z Milk 160z Milk 200z Milk 32 oz. Sanka 8 oz. Paper Cup Each

FRUITS

Apple 1 each Banana 1 each Canned Fruits 4-5 oz. Grapefruit 1/2 Orange 1 each

CURRENT PRICE

.60

.70

.80 1.10 .60 .70 .80

1.10 .65 .80 .90 .95

1.25 .50 .60 .70 .60 .60 .70 .80 .90

1.00 1.50 .45 .25

.55

.55

.55

.80

.55

ATIACHMENT - E2

Papaya Papaya Boat

Pineapple Watermelon

BREAKFAST

Bacon Big Smokies Bread Club Breakfast w/0 meat Club Breakfast w/meat Corned Beef Hash Dry Cereal Eggs Eggs French Toast Ham Hard Boiled Eggs Hash Browns Honey Hot Cakes Jelly Luncheon Meat Omelettes Portuguese Sausage Waffles

MISCELlANEOUS

Crackers Dinner Rolls Chips Yogurt Yoplait Yogurt Rice - Brown Rice - White Rice - Fried Soup wi Ipkg. Cracker Corn

1/2 6-7 oz.

6-7 oz. 6-7 oz.

Slice

Slice

5 oz.

Each 1 order Slice 1 1/2 oz.

1-4 oz. Package Each Package 1 1/2 oz.

3 pieces Each

2 for 1 each Package 8-10 oz. 8-10 oz. Each Scoop Each Scoop Each Scoop 12 oz. 3-4 oz.

.75 1.00

.75 1.00

.35

.40

.15 1.75 2.25 .65 .50 .50 .90 .30 .65 .45 .50 .15 .30 .15 .60 .90 .80 .45

.10

.30

.55

.95 1.35 .40 .30 .45 .60

AITACHMENT • E3

.45

UHH FOOD SERVICES

ITEMS

Peas Beans Spinach Broccoli Cauliflower Baked Potato

SALADS

Three Bean Salad Beets Cottage Cheese Jella - Plain Jello with Fruit lelio with Cottage Cheese Macaroni Salad Potato Salad Namasu Salad Bar Somen Salad

SNACK BAR ITEMS

Hot Dog Chili Dog Chicken Burger Chicken Burger w/fries Fish Burger Hamburger Hamburger Deluxe Cheeseburger Teriburger Teri Cheeseburger Hamburger Jumbo Cheeseburger Teriburger Teri Cheeseburger Hamburger Jumbo Platter

PORTION/ CURRENT SIZE PRICE

3-4 oz. .45 3-4 oz. .45 3-4 oz. .45 3-4 oz. .50 3-4 oz. .50 each 1.50

.60 4-6 oz. .60

.60 6 oz. .50 8 oz. .55

.75 6 oz. .50 6 oz. .55 3 oz. .55 per oz. .25

1.75

8-1 .80 8-1 1.60

1.50 2.10

5-1 1.00 6-1 .80 6-1 .95 6-1 .85 6-1 .80 6-1 .90 4-1 1.25 4-1 1.40 4-1 1.50 4-1 1.50 4-1 1.80

ATIACHMENT - E4

UHH FOOD SERVICES

PORTION/ ITEMS SIZE

Teriburger Jumbo Platter 4-1 Cheese Jumbo Platter 5-1 Teri Cheeseburger Platter 4-1 Casino Ham Platter 5 oz. Chili with Rice small Chili with Rice large French Fries 4 oz. American Cheese Slice Swiss Cheese Slice Bacon Slice Teri Sauce Tomato Slice Lettuce/Onions Loco Moco small Loco Moca large White Rice 1 scoop Brown Rice 1 scoop Saimin Saimin Deluxe Cold Ham Sandwich Tuna Salad Sandwich Grilled Tuna Sandwich Egg Salad Sandwich Grilled Cheese Sandwich

SANDWICH BAR

Turkey 3 oz. Roast Beef 3 oz. Pastrami 3 oz. BLT Vegetarian

Sandwich platter (lettuce, tomato, chip, pickle, coleslaw) additional

DESSERTS

Cheesecake 10 cut Pies 10 cut

CURRENT PRICE

1.90 2.00 2.10 2.25 .85

1.15 .80 .25 .25 .30 .10 .25

N/C 1.25 1.95 .30 .35

1.10 1.45 1.00 1.00 1.05 .85 .85

2.25 2.25 2.25 2.10 1.75

.35

.85

.65

AITACHMENT • E5

UHH FOOD SERVICES

ITEMS PORTION/ SIZE

CURRENT PRICE

Cakes Brownies Large Cookies Chocolate Chip Cookies Peanut Butter Cookies Oatmeal Cookies Almond Cookies Shortbread Cookies

8 cut Each each 1/2 doz. 1/2 doz. 1/2 doz. 1/2 doz. 1/2 doz.

.60

.60

.75 1.50 1.50 1.50 1.50 1.50

CAFE O'LE

Burrito Supreme Taco Salad

2.25 2.25

ICE CREAM

Ice Cream Ice Cream

1 Scoop _ 2 Scoops

.50

.95

UQUOR

Beer (tap) New York Seltzer Seagrams Peach & Golden Cooler Coors Coors Light Bud Light Miller Lite Miller Genuine Draft Beer Lowenbrau Steinlager Michelob Corona Beer Budweiser St. Pauli

10 oz. 10 oz. 12 oz. 12 oz. 12 oz. 12 oz. 12 oz. 12 oz. 12 oz. 12 oz. 12 oz. 12 oz. 12 oz. 12 oz.

1.25 1.00 2.75 1.50 1.50 1.50 1.50 1.50 2.25 2.25 1.80 2.25 1.75 2.25

AITACHMENT • E6

UHH FOOD SERVICES

ITEMS

Baked Chicken Baked Mahi Almondine BBQ Meatballs Beef Broccoli Beef Burgundy Beef Curry Beef Cutlet Beef Hekka Beef Long Rice Beef Noodle Casserole Beef Stew Beef Stroganoff Beef Sukiyaki Beef Teriyaki Beef Tomato Beef Veggie Stir Fry Beef with Cabbage BLT with Mac Salad & Fries BLT with Chips Braised Shortribs Breaded Chix Thighs Casino Ham w/Chips Cheese Burger w/Chips Cheese Burger w/Fries Chix Burger w/Chips Chix Burger w/Onion Rings Chix Curry Chix Fricassee Chix Hekka Chix Nishime Chix Salad Sandwich w/Soup Chix W/Veggie Chili wIFranks Chili w/Franks & Mac Salad Chinese Pepper Steak How Fun Chow Fun Veggie Corned Beef & Cabbage Corned Beef Stew

PORTION/ SIZE

ENlREES-

CURRENT PRICE

2.95 3.10 2.80 2.85 2.85 2.85 3.10 2.75 2.70 2.65 2.80 2.75 2.80 2.95 2.50 2.70 2.65 2.75 2.25 2.90 3.00 2.35 1.60 1.85 2.35 2.40 2.70 2.90 2.80 2.90 2.85 2.70 2.70 2.90 2.90 2.95 2.80 2.90 2.85

ATIACH~1ENT • E7

UHH FOOD SERVICES

ITEMS

Eggplant Parmesan Egg Salad Sandwich w/Chips Egg Salad Sandwich w/fries El Ranchero Fish Burger w/Chips Fish Burger w/Fries Fish Burger w/Onion Rings & Soup French Dip wjChips French Dip wjFries French Dip wIMac Salad Fried Noodle Fried Perch Gravy Burger w/Fries Ham & Broccoli Roll Ham & Cheese Sandwich w/Chips Hamburger Curry Hamburger Patty Hamburger Steak Hamburger w/Fries Hawaiian Chopped Steak Hoagie Sandwich wl0nion Rings & Soup Hotdog w/Fries Hull Hull Chix Italerini Kal Bi Kalua Pork & Cabbage Kalua Pork & Cabbage w/Lomi Lasagna w/Toss Salad & Garlic Bread Lemon Chix Liver w/Bacon & Onions Macaroni & Cheese Macaroni & Cheese w/Toss Salad Mahi Tempura Mayonnaise Fish Meatballs w/Westem Sauce Meatloaf Mexican Plate Miso Butterfish Oyster Chix Pastrami Sandwich w /Chips Pastrami Sandwich w/fries


2.90 1.70 1.75 2.90 1.85 1.95 3.05 2.65 2.90 2.80 2.25 2.60 2.10 2.90 1.65 2.75 2.80 2.80 1.80 2.75 3.00 1.75 3.10 2.65 3.15 2.85 3.05 3.00 3.05 2.80 1.75 2.50 3.05 2.85 2.75 2.95 3.05 3.10 3.00 2.45 2.75

AITACI-IMENT - ES

UHH FOOD SERVICES

ITEMS

Pork Chops Pork Chow Fun Pork Chow Mein Pork Hekka Pork Long Rice Pork Spare Ribs Pork Teri Pork Tofu Pork Tonkatsu Pork w/Chinese Veggie Pork w/Cabbage Pul Ko Gee Ravioli w/Toss Roast Beef Sandwich w/Chips Roast Beef Sandwich w/Mashed Potato Roast Pork Roast Turkey w/Stuffing Rueben Sandwich w/Soup & Fries Rueben Sandwich w/Soup & Toss Saimin w/Hamburger Saimin w/Teri Pork Burger Shoyu Chix Shrimp Curry Sirloin Tips w/Mushroom Sloppy Joe w/Fries Spaghetti w/Toss & Bread Spanish Mac Sweet n Sour Perch Sweet n Sour Spareribs Swedish Meatballs Super Portuguese Omelette wjFruit Kabob Teri Meatballs Teri Pork Texas Onion Stk Top Sirloin Steak wjBaked Potato Turkey Breast w/Stuffing Turkey Ala King Turkey wjStuffing Turkey Sandwich w/Chips Turkey Sandwich w /Fries Tuna Salad wj Chips


3.15 2.75 2.80 2.60 2.80 2.80 3.00 2.75 3.05 2.85 2.65 3.05 2.50 2.60 3.00 2.85 3.10 2.90 2.95 2.55 2.80 2.95 2.90 3.05 2.25 2.75 2.70 2.80 3.00 2.75 2.90 2.75 3.00 2.95 3.50 3.05 2.70 3.10 2.55 2.65 1.60

ATTACHMENT - £9

UHH FOOD SERVICES

ITEMS

Tuna Salad Sandwich w /Fries Veal Cutlets w/Mash Vulcan Burger wl0nion Rings Vulcan Burger wIFries Vulcan Burger w/Fries & Soup Shoyu Fish Hawaiian Plate Squid Luau/Lau Lau with/Poi The Big One w/STK fries Franks w/Pork & Beans Prime Rib Rib Stew Chili w/Tortilla Chips & Cheese Sauce Caribbean Pork Chops Stuffed Cabbageehix Mac Noodle Baked Snapper Turkey Tetrazzini Com Dogs (2) wIChips & Mac Salad Reuben Sandwich w/Soup Pork Sukiyaki Monte Cristo Sandwich w/Soup Monte Cristo Sandwich w/Fries


1.75 2.80 2.85 2.60 2.95 2.95 3.00 2.95 2.80 2.50 3.60 2.90 2.50 3.15 2.70 2.65 3.05 2.90 2.40 2.75 2.80 2.85 2.95

AITACHMENT· EIO

SPECIAL PROVISIONS

1. TECHNICAL REPRESENTATIVE OF THE CONTRACTING OFFICER (TReO)

The Technical Representative of the Contracting Officer is Mr. Edgar Toriqoe, Director, Administrative Affairs, telephone (808) 933-3446 (Hilo).

2. PREBID CONFERENCE

A prebid conference which will be held at Campus Center Conference Room 313'1 University of Hawaii at Hilo, Hilo, Hawaii, on September 20, 990 at 10:00 a.m. The conference shall inclUde a tour and examination of the premises to satisfy the bidders as to the character, circumstances, and conditions they will encounter in providing the food service operations. Questions relating to the Operational Provisions shall be acknowledged and answers provided. All prospective bidders, at their own expense, have the option of attending. Bidders shall call or write to Ms. Danielle Wong, Buyer, Procurement and Property Management Office, 1400 Lower Campus Road, Room 15, University of Hawaii at Manoa, Honolulu, Hawaii 96822, telephone (808) 956-8687, to indicate intent to attend the conference.

3. TERM

The term of the Contract shall be January 1, 1991 through December 31, 2006, for a term of FIFTEEN (15) years.

4 .. PRO FORMA STATEMENTS

The Contractor shall submit the pro forma statement, consolidated and by existinq food service and convenience service store locations, as part of the BID FORM. The pro forma statements shall be used to analyze labor costs, fringe benefits, food costs, general expenses, administrative management fee, profit costs, protit and loss margins, and initial start-up cost.

5. INSURANCE

Contractor shall maintain insurance acceptable to the University in full force and effect throughout the term of the Contract. The policy or policies of insurance maintained by Contractor shall provide Combined Single Limit Coverage (bodily injury and property damage) in the amount of $1,000,000 per occurrence. Additionally, the Contractor shall maintain policies for comprehensive automobile liability and worke~'s compensation.

Insurance shall be in force the first day of the term of the contract.

SPECIAL PROVISIONS - 1

Each insurance policy required by the Contract shall contain the following three clauses:

a. "This insurance shall not be cancelled, limited in scope of coverage or non-renewed until after THIRTY (30) days' written notice has been given to the University of Hawaii, Director of Procurement and Property Management."

b. "It is agreed that any insurance maintained by the Universityof Hawaii will provide in excess of, and not contribute with, insurance provided by this policy."

c. "The University of Hawaii is added as an insured as respects operations performed for the University of Hawaii."

Contractor agrees to deposit with University, on or before the effective date of the Contract, certificates of insurance necessary to satisfy the University that the insurance provisions of the Contract have been complied with and to keep such insurance in effect and the certificates therefor on deposit with the University during the entire term of this Contract.

The University shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of the University, the insurance provisions in the contract do not provide adequate protection for the University, the University may require Contractor to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. The University's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of the risks which exist at the time a change in insurance is required.

The University shall notify Contractor in writing of changes in the insurance requirements; and if Contractor does not deposit copies of acceptable insurance policies with the University incorporating such changes within SIXTY (60) days of receipt of such notice, the contract shall be in default without further notice to Contractor and the University shall be entitled to all legal remedies.

The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of the Contract. Notwithstanding said policy or policies of insurance, Contractor shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with the Contract.


6. RISK OF LOSS

Any and all goods, wares, merchandise, furniture, equipment and personal property of any kind or description which may be on the premises at any time during the term of the Contract, regardless of ownership of such property, shall be at the sole risk and hazard of the Contractor, and the Contractor shall not hold the University liable or responsible for any loss thereof or damage thereto caused by water, gas, defective electric wiring, fire, or by or for any other cause whatsoever unless the same shall be due to any act or omission of the University, its officers, agents,employees or invitees. .

7. TAXES AND ASSESSMENTS

Contractor shall pay at least TEN (10) days before the same becomes delinquent all taxes, rates, assessments, impositions,duties, charges and other outgoings of every description to which the premises of the University or contractor, in respect thereof are now or may during said term become liable, whether the same are or shall be assessed to or be payable by law by either the University or Contractor.

8 • SAMPLE MENU

Bidders shall submit sample menus following the menus required for the boarding operations on an ala carte basis. indicatingproposed selling prices and minimum portion servings. The sample menus shall ofter as wide a variety of dishes as the bidder can offer, in as much detail as possible, and shall establish initial selling prices and serving portions.

9. PORTIONS

Prices for ala carte entrees, cash, vending items, board meal plans, and convenience service store items shall be as shown in Attachments E2 - E12 and shall remain unchanged for the period of January I, 1991 through June 30, 1992, provided the Hawaii state Tax structure and the statutory Minimum Wage Requirements remain the same. However, this does not preclude changes in pricesdownward during the period. After June 30, 1992, price increases shall be allowed in accordance with Clause 5aa GENERAL OPERATIONAL CONDITIONS in the OPERATIONAL PROVISIONS. All pricesshall include the retail rate of Hawaii General Excise Tax, currently four per cent (4%), and the Contractor shall not pass on to the consumer any tax over and beyond the prices established in Attachment E-2.

10. PAYMENTS

Contractor shall make monthly rebate payments to the Universityby the 25th day following the close of a calendar month

SPECIAL PROVISIONS

calculated on each separate operation and by type of sale as specified in the BID FORM. All payments shall be made payable to the University of Hawaii and submitted to: Business Office, 523 W. Lanikaula street, Hilo, Hawaii 96720. The termination of the Contract by default or otherwise shall not relieve the Contractor of his obligations under the Contract or for charges accrued while the Contract was in effect but remaining unpaid at the time of termination.

11. LATE PAYMENT

Any amounts owing by the Contractor under the terms of the Contract shall bear interest from the date such amounts become due until paid. The rate of such interest shall be either (a) at the specific maximum rate, if any, then allowed by the appropriate sections of the statutes of Hawaii, or any successor law or statute, or (b) if there is then no such maximum rate, two (2) percentage points above the large business prime rate of interest then being charged by the bank principally used by the University.

12. FURNISHED PROPERTY

The Contractor assumes complete responsibility for equipment and facilities furnished by the University in connection with the Contract and Contractor agrees to pay for all such equipment and facilities damaged or not accounted for to the University's satisfaction. The furnishing to Contractor of any equipment or facilities in connection with this Contract shall not, unless otherwise expressly provided, be construed to vest title thereto in Contractor.

13. JURISDICTION/SERVICE OF PROCESS

The Contractor, by execution of the Contract, acknowledges that Contractor is transacting business within the state of Hawaii and hereby submits to the jurisdiction of the courts of the state of Hawaii as to any cause of action arisinq out of the performance and/or breach of this Contract. Contractor further agrees that when absent from the state any service of process may be made by leaving a certified copy of a summons with the Director or Deputy Director of the Department of Commerce and Consumer Affairs, state of Hawaii, and mailing by certified or registered mail, postage prepaid, a copy of said summons to Contractor.

14. USE OF UNIVERSITY'S NAME

The Contract conveys no right to the Contractor to use the name University of Hawaii with respect to or in connection with any of its operations, and, upon the termination of this contract for any reason, Contractor shall have no right to indicate its relationship with the University with respect to any of its operation except with the written consent of the University.


15. INDEMNIFICATION

Contractor shall indemnify, defend and hold harmless University and the state of Hawaii, and their officers, employees, agents, or any person acting on their behalf from and against: (a) any claim or demand for loss, liability or damage, including, but not limited to, claims for property damage, personal injury or death, by whomsoever brought, arising from any accident or incident connected with the performance of the contract except liability arising out of the sole negligence of University or its employees; (b) all claims, suits and damages by whomsoever brought or made by reason of the nonobservance or nonperformanceof any of the terms, covenants and conditions herein or .the rules, regulations, ordinances and laws of the federal, state, municipal or county governments. Furthermore, Contractor shall reimburse the University and the state of Hawaii, and their officers, employees, agents, or any person actinq on their behalf for all attorney's fees, costs, and expenses incurred in connection with the defense of any such claims.

16. LITIGATION

If, without any fault, the University, or any of its agents or employees shall be made a party to any litigation commenced by or against the Contractor arising out of Contractor's use ot the premises, then the Contractor shall pay all costs and reasonable attorney's fees incurred by or imposed upon the University in connection with the litigation. The Contractor shall also payall costs and reasonable attorney's fees incurred-or paid by the University in enforcing the terms and conditions of the Contract. Each party shall give prompt notice to the other ot any claim or suit instituted against it that may affect the other party.

17. DISPUTE

Any dispute concerning a question of fact ar1s1nq under the contract which is not disposed of by agreement shall be decided by the University, who shall reduce its decision to writing and mail or otherwise furnish a copy thereof to the Contractor. This decision shall be final and conclusive unless within THIRTY (30) days from receipt of such copy the Contractor furnishes the University a written appeal. In the event of appeal, the Contractor and the University shall agree to a settlement as determined by the American Arbitration Association and both parties shall be bound to such settlement as final and conclusive, subject to Chapter 658, Hawaii Revised statutes.

18. TERMINATION OF CONTRACT

In the event the Contractor fails to meet all commitments in accordance with the Contract specifications and does not remedy any such default within THIRTY (30) days after receipt of written notice, the University shall have the right to terminate the


Contract. Should the university exercise its right of termination, such exercise shall be without prejudice to any other remedy or right of action which the University may have for any preceding or other breach of contract.

19. PREMISES/PROPERTY UPON TERMINATION

Upon termination of the Contract, the Contractor shall remove non-University equipment from the premises and restore the premises to as good a condition as at the commencement of the operations, alterations to the premises which had previously been approved by the University and ordinary wear and tear excepted. Contractor and the University shall replace or repair all lost, damaged, destroyed, or missing equipment and any deficiency between opening and closing inventories. Surrendered premises shall be left in a clean and orderly state satisfactory to the University. To accomplish this, the Contractor and the University shall establish a checklist of the work that shall be done to restore the premises in a clean and orderly condition at least one month prior to termination.

The Contractor shall, at its own expense, restore the premises to a condition satisfactory to the University, within THIRTY (30) days after the termination of the Contract. Furthermore, upon the termination of the Contract, should the Contractor fail to remove any and all personal property, equipment, and/or vehicles from the premises, the University may, it the University's option, (a) remove any and all such personal property, equipment and/or vehicles from the premises and place said property in storage at the cost and expense of Contractor; or (b) consider all such personal property, equipment and/or vehicles as "abandoned" and t·e1nove and dispose of said personal property, equipment and/or vehicles at Contractor's cost and expense, and the Contractor does hereby agree to pay all costs and expenses for removal and disposal of such personal property, equipment and/or vehicles.

20. TRANSITION UPON TERMINATION

Contractor agrees to permit prospective bidders for a subsequent Contract access to the premises for the purpose of inspecting equipment and facilities during the bidding period at mutually agreeable times between the Contractor and the University. After the new Contract is awarded, the Contractor shall permit the new Contractor access to the premises at mutually agreeable times between the Contractor and the new Contractor for an orderly phase-in of the new Contractor. Contractor shall have the option to sell to the new Contractor all its food inventory of merchantable and usable quality at prices no greater than originally paid by the Contractor.


GENERAL CONDITIONS

1. DEFINITION Of TERMS

Whenever the following terms or words are used herein, these definitions shall apply, unless a different definition is prescribed for a particular section or portion thereof.

AMENDMENT: A written document which may be issued by the Contracting Officer after issuance of an Invitation for Bid, but before the time for bid opening, to make changes in quantity, specifications, delivery schedule, opening dat~s, etc., or to correct a defective or ambiguous invitation.

BID: The approved prepared form of which the bidder has submitted his/her offer to perform the obligations of the contract. .

BID BoND: The approved form of security ,furnished by a bidder as warranty of good faith that the bidder will enter into a contract with the University should bidder's offer be accepted, or as liquidated damages to the University in the event of failure or refusal of the bidder to enter into a contract.

BIDDER: Any individual, partnership, or corporation submitting directly or through a duly authorized representative or agent, an offer to supply the goods specified and/or to perform the services as indicated.

CONIRACf: The agreement between the Contractor and the University of Hawaii. The Contract shall include the Notices to Bidders, Contract Bond, General Conditions, Special Provisions, Operational Provisions, Amendments, and Bids and Certifications.

CONTRACTOR: Any individual, partnership, firm, corporation or joint venture, or other legal entity undertaking the execution of the work under the terms of the contract with the University of Hawaii, and acting directly or through his, their, or its agents, employees or subcontractors.

CONTRACTING OFFICER: The Director of Procurement and Property Management Office or any person who has delegated authority by the Board of Regents to enter into acquisition contracts for the University.

GROSS SALES: The combined revenue of board, summer board, cash and flexible prepaid discount meal plan, catering, conference, concession, vending, guest sales and non-food related sales.

OFFER: A Bid submitted in response to an Invitation for Bids.

GENERAL CONDITIONS - 1

ORDER QE PRECEDENcE: In the event of an inconsistency between provisions of this solicitation, the inconsistency shall be resolved by giving precedence in the following order:

a. Bid Form;

b. Special Provisions, Operational Provisions;

c. Special Provision; and

d. General Conditions.

PREMISES: All of those areas set aside for Contractor's right to use for the food service operations.

PRESIDENT: President of the University of Hawaii.

RESPoNSIBLE BIDDER: A prospective bidder who must meet ffilrumum or special standards as may be prescribed. A prospective bidder must have: (1) adequate financial resources, or the ability to obtain such resources as required for contract performance; (2) be able to comply with required delivery or performance schedule, taking into consideration all existing business commitments; (3) have a satisfactory record of performance; and (4) have a satisfactory record of integrity, and be otherwise qualified and eligible to receive an award under applicable laws. When the situation warrants, special standards of responsibility applic~ble to a particular procurement may be developed to insure the existence of unusual expertise or other factors necessary for adequate contract performance.

RESPONSIVE BIDDER: A bidder whose bid does not vary from the specifications and terms set out by the University in the Invitation for Bids as determined by the University.

SPECIFICATIONS: The directions, provisions, and requirements contained in the General Conditions, Amendments, Special Provisions, and Operational Provisions pertaining to the method and manner of performance, and to quantities and qualities of materials to be furnished under the contract.

STATE: State of Hawaii.

SUPPLEMENT AGREEMENT: A \vritten contract modification that is signed by both Contractor and the contracting officer.

SURETY: The individual, firm or corporation which is bound by the contract bond with and for the Contractor to insure his/her acceptable performance of the contract.

UNIVERSITY: University of Hawaii.


2. INTENT IQ BID

Each prospective bidder must have on file a written notice of an intention to bid with the Procurement and Property Management Office, 1400 Lower Campus Road, University of Hawaii, Honolulu, Hawaii 96822, no later than 4:30 p.m. or postmarked no later than ~ September 21, 1990

3. DISoUALIFICATION QE BIDDERS

Anyone or more of the following causes will be considered as sufficient for the disqualification of the bidder:

a. Evidence of collusion among "bidders.

b. Lack of responsibility (see definition of Responsible Bidder), including, but not limited, to arrearage on existing contracts in litigation with the State of Hawaii, or defaults on a previous contract.

c. Delivery of bids after the deadline. (See definition of Responsive Bidder).

d. Failure to follow directions and instructions in the invitation.

e. Placing conditions, limitations, or restrictions on the bid.

4. BID PREPARATION COSTS

Each bidder shall be responsible for all costs incurred for preparation of the bid.

5. EXPLANATIoN IQ BIDDERS

Questions pertaining to these specifications must be submitted in writing to the Director, Procurement and Property Management Office. Any necessary clarification, interpretation, or changes in specifications resulting from any such questions will be made by the University in the form of a written amendment to the specifications which will be fOIVIarded to each prospective bidder; bidders seeking such clarification should act promptly to allow sufficient time for such written clarification to reach all prospective bidders prior to the date scheduled for bid opening.

6. PREPARATIoN OF BID

The bidder's office shall be submitted on the bid form furnished by the University. All information required in the bid shall be filled in, in accordance with the instructions thereon. The bidder shall state the rebate percentages (written in INK or TYPED). The bidder shall sign the bid in the spaces provided. If the bid is made by an individual, name and post office address must be shown. If made by a corporation, the bid must show the nanle of the state under the laws of which the


corporation was chanered and the narnes, titles, and business addresses of the president, vice-president, and secretary, as well as evidence showing the authority of the bidder to enter on behalf of said corporation, into a contract with the University. If made by a joint venture, the name and post office address of each member of the jndividual firm, partnership, or corporation comprising the joint venture must be shown with other pertinent illformation required of firms, partnerships or corporations, as the case may be.

When bids are signed by an agent, other than the officer or officers of a corporation authorized to sign the bid on its behalf, or a member of a co-partnership, a power of attorney must be on file with the University of Hawaii prior to opening of bids, or it shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.

7. BID BOND

No bid shall be considered unless accompanied by an appropriate form of bidder's security.

The bidder's attention is directed to Section 102-6, Hawaii Revised Statutes, which requires a Certificate of Deposit, Cashier's Check or Certified Check on a bank that is insured by the Federal Deposit Insurance Corporation, in a sum not less than five per cent of the total amount bid, or, in the case where the amount bid exceeds $50,000, in the sum not less than $2,500 plus two per cent of the amount in excess of $50,000, payable at sight to the Universi.ty.

For purposes of this bid bond the total amount bid shall be the annual rebate amount.

The bidder's attention is also directed to Section 103-31, Hawaii Revised Statutes, which allows for substitution of the bid bond.

8. DELIVERY QE BIDS

Each bid shall be placed, together with the bid guaranty and other information, as required in the bid form and specifications in an envelope furnished by the University. The envelope shall be sealed and so marked as to indicate the identity of the project and the name and address of the bidder and then delivered as indicated in the NOTICE TO BIDDERS. Bids shall be received by the Procurement and Property Management Office up to the time and date scheduled in the public notice for the opening of bids. Bids received after the time and date fiXed for opening shall not be considered.


9. WITHDRAWAL QE BIDS

Any bid may be withdrawn at any time prior to, but not after, the time fIXed in the public notice for the opening of bids, provided that a request, in writing, executed" by the bidder or its duly authorized representative, for the withdrawal of such bijl is filed with the Director, Procurement and Property Management Office. ~e withdrawal of a bid shall not prejudice the right of a bidder to file a new bid prior to bid opening.

10. IlIDS IQ BE HELD VALID

All bids shall be held valid for a period of not less than NINETY (90) consecutive calendar days from the date of the bid opening, during which time no bid shall be withdrawn.

11. PUBLIc OPENING QE BIDS

Bids shall be opened and read publicly at the time and place indicated in the NOTICE TO BIDDERS. Bidders or their authorized agents are invited to be present.

12. REJECTION QE BIDS

Bids may be rejected if they show any alterations of form, additions not called for, uninitialed erasures or corrections. Conditional and incomplet~ bids may also be rejected. The University reserves the right to reject any and/or all bids and to waive any defects or authorize any substitutions, when in its opinion, such rejection, waiver, or substitution will be in the best interest of the University.

1-3. IDENTICAL BIDS

High tie bids shall be decided by having the tie bidders resubmit a bid at such time to be determined by the University to break the tie. Bids resubmitted shall not be lower than the original bids submitted. High tie bids are bids with identical high amounts in the TOTAL AGGREGATE RETURN in the Bid Form and which meets all the requirements and criteria set forth in the Invitation for Bid.


14 . RETURN QE BID BOND

Within TEN (10) days after the execution of the Contract, the University shall return the bid bonds accompanying the bids which are not considered in making the award. The bid bond of the successful bidder shall be retained until the contract has been fully executed and a satisfactory contract bond posted, after which time it will be returned to the bidder.

15 . REouIREMENT Of cONTRACT BoND

The bidder to whom the Contract is awarded shall file as guaranty for the full and faithful performance of the Contract, a good and sufficient bond, cashier's check, certified check, or certificate of deposit, in the amount equal to 1/6 of annual amount bi~.

The bidder to whom the Contract is awarded shall file a Surety Bond on the form to be provided by the University.

The University shall retain the right at any time to review the bond coverage required. If, in the opinion of the University, the bond provisions in this contract do not provide adequate security for the University, the University may require the Contractor to obtain bond sufficient in coverage to provide adequate security.

Where the contract bond is issued by a non-domestic surety insurer, even if licensed to do ·business as an insurer in Hawaii, the bond shall be countersigned by a locally licensed general agent or authorized subagent. Additionally, the following documentation shall be submitted with the bond: (1) a copy of the Hawaii Insurance Division's "Notice of Appointment of General Agent" or "General Agent's License" applicable to surety insurance for the countersigning individual or countersigning company; and (2) if the licensed general agent is a company, and the individual countersigning the bond on behalf of the company is not named in the "Notice of Appointment of General Agent" or "General Agent's License" submitted with the bond, a corporate resolution or power ()f attorney, which is certified to be in full force and effect authorizing the individual countersigned the bond, on behalf of the company to so countersign.

16. EXECUTION QE THE CONTRACT

The Contract shall be presented to the sllccessful bidder for execution and shall be returned to the University with a satisfactory contract bond within TEN (10) days, not including Saturdays, Sundays, and State-recognized legal holidays or wi,thin such further time as the contracting officer may alJow.

The Contract shall not be binding on the University until such time as it is fully executed by the contracting officer.


17 . FAIWRE IQ ExECUTE TI-IE CONTRACT

If the bidder to whom a contract is presented shall fail or neglect to properly execute the Contract and furnish satisfactory security within TEN (10) days after such award or within such further time as the University may allow, the surety bond shall be declared forfeited and the surety corporation shall pay to the University the full amount of said bond; or the University shall retain the deposit, legal tender, certificate of deposit, cashier's check, or certified check and utilize the same as a realization to the University. The University may thereupon award the Contract to the next highest bidder, or may call for bids, whichever method it may deem to be in the best interest of the University.

18 . NOTICE IQ PROCEED

A written notice from the Director of Procurement and Property Management shall be issued, advising the Contractor of the date on which work under the contract shall commence and this date shall also be the beginning of the contract term.

19 . MQDIFICATIoN ill: CoNTRACT

The Contract may only be modified Contractor and the contracting officer.

by mutual agreement executed by the

20 . DISPUTES

All disputes arising under or related to this contract shall be resolved in accordance with this clause.

a. Any claims arising out of this contract hy the Contractor shall be made, in writing, and submitted to the Director of Procurement and Property Management for decision.

b. The Contracting Officer shall make a finding of fact and render a decision within 60 days of the request, provided all the necessary investigations can be made. The finding and decision shall be written and shall be mailed or otherwise furnished to the Contractor.

c. If the Contracting Officer cannot decide the claim within 60 days, the Contractor will be notified of the date when the decision will be made. The Contracting Officer's decision shall he final.

'21. WAIVER

Any waiver granted by the University as a result of any breach of any term or condition of the Contract shall not constitute or be construed as a continuing waiver of such term or condition.


)

22. SUBCONTRACTING PROI~IBITION

The Contractor shall not at any time subcontract, convey, transfer, or assign said services to be performed under the Contract, either in whole or in part, without the prior written consent of the contracting officer.

23 • AFARMATIVE ArnON

The Contractor agrees to comply with Executive Orders 11246 and 11375 (Nondiscrimination under Federal Contracts), Section 402 of the Vietnam Era Veterans Readjustment Act of 1972, and Section 504 of the Rehabilitation Act of 1973, and Executive Order 11758 (Employment of Handicapped Persons), and all the related rules and regulations and amendments thereto, if the respective executive orders and laws apply to this procurement. The Contractor further agrees to show compliance or present information to the satisfaction of authorized state or federal officials should any questions arise in regard to the Contractor's compliance with a particular executive order or law. The Contractor agrees to indemnify and hold the University harmless from any claims or demands with regard to the Contractor's compliance.

24. CoMPLIANCE WIlli LAWS, oRDINANCES, AND REGULATIQNS

The Contractor shall comply with all federal, state, and local laws or ordinances of any kind pertaining, but not limited to, permits, licensing, safety, work and labor, employees, wages and payrolls, withholding and other taxes, and ~aterials, and shall indemnify and save the University harmless against any claim arising from the violation of any such laws or ordinances.

25. GQVERNING LAW

The Contract and any litigation arising therefrom shall be governed and determined by the laws of the State of Hawaii.


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UNIVERSITY OF HAWAII · 1990. 11. 5. · Hawaii at Hilo, Hilo, Hawaii. You are hereby authorized to...

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