1.1 Purpose: The University of Maine System, acting through The University of Maine, is seeking proposals for the provision of painting services as described in this document.

This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a vendor may be selected and the contractual terms by which the University intends to govern the relationship between it and the selected vendor.

1.2 Definition of Parties: The University of Maine will hereinafter be referred to as the "University." Respondents to the RFP shall be referred to as "Bidders." The Bidder to whom the contract is awarded shall be referred to as the "Contractor."

Responsiveness to terms and conditions

Ability to meet specifications

Experience of employees

Company Profile

References

1.5 Communication with the University: It is the responsibility of the bidder to inquire about any requirement of this RFP that is not understood. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFP. Addenda will also be posted on our web site,

www.umaine.edu/purchasing/. The University will not be bound by oral responses to inquiries or written responses other than addenda.

1.6 Award of Proposal: Presentations may be requested of two or more bidders deemed by the University to be the best suited among those submitting proposals on the basis of the selection criteria. After presentations have been conducted, the University may select the bidder which, in its opinion, has made the proposal that is the most responsive and most responsible and may award the contract to that bidder. The University reserves the right to waive minor irregularities. Scholarships, donations, or gifts to the University, will not be considered in the evaluation of proposals. The University may cancel this RFP or reject any or all proposals in whole or in part. Should the University determine in its sole discretion that only one bidder is fully qualified, or that one bidder is clearly more qualified than any other under consideration, a contract may be awarded to that bidder without further action.

1.7 Award Protest: Bidders may appeal the award decision by submitting a written protest to the Director of Purchasing within five (5) business days of the date of the award notice, with a copy of the protest to the successful bidder. The protest must contain a statement of the basis for the challenge.

1.8 Confidentiality: The information contained in proposals submitted for the University's consideration will be held in confidence until all evaluations are concluded and an award has been made. At that time, the winning proposal will be available for public inspection. Pricing and other information that is an integral part of the offer cannot be considered confidential after an award has been made. The University will honor requests for confidentiality for information of a proprietary nature. Clearly mark any information considered confidential.

1.11 Proposal Understanding: By submitting a proposal, the bidder agrees and assures that the specifications are adequate, and the bidder accepts the terms and conditions herein. Any exceptions should be noted in your response.

1.12 Proposal Validity: Unless specified otherwise, all proposals shall be valid for 60 days from the due date of the proposal.

1.13 Proposal Submission: A SIGNED original and 2 copies of the proposal must be submitted to the University of Maine Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, in a sealed envelope by Thursday, November 14, 2002, to be date stamped by the Purchasing Department in order to be considered. Normal business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Proposals received after the due date will be returned unopened. There will be no public opening of proposals (see Confidentiality clause). Vendors are strongly encouraged to submit proposals in advance of the due date to avoid the possibility of missing the due date because of unforeseen circumstances. Vendors assume the risk of the methods of dispatch chosen. The University assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT substitute for receipt of proposal. In the event that the University is closed due to inclement weather on the day that a proposal is due, proposals will be accepted on the next day that the University is open. Vendors may wish to call 207-581-SNOW or 800-581-SNOW if the weather is bad, to learn if the University has closed. Additional time will not be granted to any single vendor, however additional time may be granted to all vendors when the University determines that circumstances require it. FAXED OR E-MAIL PROPOSALS WILL NOT BE ACCEPTED. The envelope must be clearly identified on the outside as follows:

1.14 Pre-Proposal Conference: A conference will be held on Tuesday, November 5, 2002 at 10:00 am local time at the Purchasing Department Conference room. The purpose of this conference is to answer questions and provide further clarification as may be required. Please hold all questions until this meeting. Attendance by all prospective bidders is optional.

Firms planning to attend this pre-proposal conference should contact Cindy Carusi at 207-581-2696 no later than 4:00 p.m. local time on Monday, November 4, 2002, with the names and titles of the individuals who will attend.

2.1 Contract Documents: If a separate contract is not written, the contract entered into by the parties shall consist of the RFP, the signed proposal submitted by the Contractor, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of the University and the Contractor, all of which shall be referred to collectively as the Contract Documents.

2.2 Contract Modification and Amendment: The parties may adjust the specific terms of this contract (except for pricing and/or commission) where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Contractor must be in writing to the Purchasing Department. Any agreed upon modification or amendment must be in writing and signed by both parties.

2.3 Contract Term: The contract term shall be for a period of one (1) year commencing upon December 1, 2002. With mutual written agreement of the parties this contract may be extended for two (2) additional one-year periods.

2.4 Contract Data: The Contractor is required to provide the University with detailed data concerning the contract at the completion of each contract year or at the request of the University at other times. The University reserves the right to audit the Contractor's records to verify the data. This data may include, but is not limited to, dollar volume, items sold, services rendered, and commissions paid to the University.

2.5 Contract Validity: In the event one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.

2.6 Cancellation/Termination: If the Contractor defaults in its agreement to provide personnel or equipment to the University's satisfaction, or in any other way fails to provide service in accordance with the contract terms, the University shall promptly notify the Contractor of such default and if adequate correction is not made within two (2) working days, the University may take whatever action it deems necessary to provide alternate services and may, at its option, immediately cancel this Contract with written notice. Except for such cancellation for cause by the University, either the University or the Contractor may terminate this Contract by giving thirty (30) days advance written notice to the other party. Cancellation does not release the Contractor from its obligation to provide goods or services per the terms of the contract during the notification period.

2.7 Contract Administration and Clarification of Responsibilities:

2.9 Assignment: Neither party of the contract shall assign the contract without the prior written consent of the other, nor shall the contractor assign any money due or to become due without the prior written consent of the University.

2.10 Equal Opportunity: In the execution of the contract, the Contractor and all subcontractors agree, consistent with University of Maine System policy, not to discriminate on the grounds of race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability or veterans status and to provide reasonable accommodations to qualified individuals with disabilities upon request.

2.11 Independent Contractor: Whether the Contractor is corporation, partnership, other legal entity, or an individual, the Contractor is an independent contractor. If the Contractor is an individual, the Contractor's duties will be performed with the understanding that the Contractor is a self-employed person, has special expertise as to the services which the Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the University. The Contractor is not to be deemed an employee or agent of the University and has no authority to make any binding commitments or obligations on behalf of the University except as expressly provided herein. The University of Maine System has prepared specific guidelines to be used for contractual agreements with individuals (not corporations or partnerships) who are not considered employees of the System.

2.12 Sexual Harassment: The University is committed to providing a positive environment for all students and staff. Sexual harassment, whether intentional or not, undermines the quality of this educational and working climate. The University thus has a legal and ethical responsibility to ensure that all students and employees can learn and work in an environment free of sexual harassment. Consistent with the state and federal law, this right to freedom from sexual harassment was defined as University policy by the Board of Trustees. Failure to comply with this policy could result in termination of this contract without advanced notice. Further information regarding this policy is available from the Director of Equal Opportunity, North Stevens Hall, 581-1226.

2.13 Indemnification: The Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the University and its employees from and against all loss, damage, cost and expense (including attorney's fees) suffered or sustained by the University or for which the University may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever, in connection with the operations of the Contractor or any subcontractor under this agreement.

2.14 Contractor's Liability Insurance: During the term of this agreement, the Contractor shall maintain the following insurance:

The University of Maine System shall be named as Additional Insured on the Commercial General Liability insurance.

Certificates shall be filed prior to the date of performance under this Agreement. Said certificates, in addition to proof of coverage, shall contain the standard Acord statement pertaining to written notification in the event of cancellation, with a thirty (30) day notification period.

2.15 Smoking Policy: The University of Maine System must comply with the "Work place Smoking Act of 1985" and MRSA title 22, 1541 et seq "Smoking Prohibited in Public Places." In compliance with this law, the University of Maine System has prohibited smoking in all University System buildings except in designated smoking areas. This rule must also apply to all contractors and workers in existing University System buildings. The Contractor shall be responsible for the implementation and enforcement of this requirement within existing buildings.

3.1 Asbestos Removal: The University shall be responsible for the removal of all asbestos containing material (ACM). The Contractor must notify the University immediately is suspect ACM is disturbed during the course of the work or if suspect ACM needs to be identified and removed in order to complete the work.

3.2 Employees: The Contractor shall employ only competent and satisfactory personnel and shall provide a sufficient number of employees to perform the required services efficiently and in a manner satisfactory to the University. If the Executive Director of Institutional and Facilities Planning, Contract Administrator or designee, notifies the Contractor in writing that any person employed on this contract is incompetent, disorderly, or otherwise unsatisfactory, such person shall not again be employed in the execution of this contract without the written consent of the Contract Administrator.

3.3 Payments: Payments will be upon submittal of invoices to the Purchasing Department by the Contractor on a net 30 basis unless discount terms are offered. Invoices must include a purchase order number, date work was performed, the job location, number of people assigned to the job and number of hours worked. If paint and related materials are included on the invoice, quantities, description and cost plus markup must be itemized. An original invoice from the supplier where materials were purchased must be attached to the University’s bill.

3.4 Billing Time: Costs to the University will begin when workers arrive on the job site, and end when workers leave the job site. A daily time slip provided by the University shall be submitted to the Contract Coordinator for verification of hours worked. Overtime will be paid on a time and one-half basis only if the University requests work outside of normal business hours 7:00 a.m. to 3:00 p.m., Monday through Friday, or when time on site exceeds 40 hours per week.

3.5 Parking Regulations and Use of Walkways: The Contractor's vehicles and those of their employees working on campus, must be registered with the Department of Public Safety. Unregistered vehicles on the University campus are subject to a parking violation ticket and/or towing off campus. Contractors are advised that parking regulations are strictly enforced by campus police. Towing will be at the Contractor's expense. A copy of regulations can be obtained by calling Public Safety Parking Office at 581-4047.

3.6 Condition and Care of Property and Protection of the Work: The Contractor shall continuously maintain adequate protection of all work covered by the Contract from damage or loss and shall protect the property from injury or loss arising in connection with this Contract, and shall make good any such damage, injury or loss. The Contractor shall adequately protect adjacent property as provided by law and the Contract Documents.

3.7 University Safety Policies: All personnel provided by the Contractor shall comply with the University's Safety and Health Policies. The University will provide the Contractor with the University's "Environmental Health and Safety Policies and Procedures Manual", regarding safety programs, policies and procedures.

3.8 Notification and Response: The Contractor must respond to any reasonable request and recommendation by the University. If the University determines that time is a critical factor, and the Contractor cannot respond within twenty-four (24) hours of notification, then other services may be obtained at the discretion of the University.

3.9 Labor Rates: Labor rates will be in effect for the term of this contract, including any extension years. The labor rate shall include all charges such as insurance, travel; Contractor provided items and all other costs.

3.10 Contractor Provided Material: All materials, when not available at Central Supply, provided by the Contractor can be billed to the University on a cost plus basis. The percent markup will be determined by this Request for Proposal. To be reimbursed for materials the Contractor must present an original invoice from the supplier attached to the University’s invoice.

3.11 Lockout and Tagout of Electrical Equipment: The Contractor shall establish methods of insuring employee safety as well as comply with Federal, State, University and local regulations relating to the lockout and tagout of electrical equipment procedures. The Contractor shall furnish the University its latest version of lockout and tagout procedures prior to contract award. Further information on this policy can be obtained by calling the Office of Facilities Management.

Bidders shall ensure that all information required herein is submitted with the proposal. All information provided should be verifiable by documentation requested by the University. Failure to provide all information, inaccuracy or misstatement may be sufficient cause for rejection of the proposal or rescission of an award. Bidders are encouraged to provide any additional information describing operational abilities. Responses to each requirement below should be in order and clearly marked with the section number to which they respond.

4.2 Price Quotation: Provide the cost per person/hour for painting services. The price shall be in the form of a firm price for the entire contract period. The bid price must include all charges such as contractor provided items, insurance, travel, and all other related costs. Charges not specified in the bid will not be honored.

4.3 Response Time: Indicate how much notice you would need in order to provide three experience painters on site at the University.

4.4 Employees: Describe how many experienced painters are employed and how much professional experience each employee has in contract painting.

4.5 References: A list of three references must be submitted with your proposal. These references should be clients your firm has done business with in the past year and, if possible, on projects with a similar scope to this one.