1.7        Submission:  A signed original plus one (1) copy of the bid must be received at the University Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, no later than 2:00 P.M. local time Wednesday, November 20, 2002, for a public opening.  Bidders are strongly encouraged to submit bids in advance of the due date to avoid the possibility of missing the 2:00 deadline due to 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 bid.  Bids must be date and time stamped by the Purchasing Department on time to be considered.  In the event that the University is closed due to inclement weather at the time that a bid is due, the bid will be opened at the same time 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.  Bids received after the due date and time will be returned unopened.  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 BIDS OR E-MAIL BIDS WILL NOT BE ACCEPTED.

1.8        Bid Understanding:  By submitting a bid, 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.

1.9        Debarment:  Submission of a signed bid in response to this solicitation is certification that your firm (or any subcontractor) is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Submission is also agreement that the University will be notified of any change in this status.

1.10      Energy Star Compliance:  The University prefers to use products that are Energy Star Compliant whenever possible.  Please provide all pertinent and verifiable information with regard to Energy Star compliance.  The bidder is responsible to clearly and specifically indicate the product being offered and to provide adequate information to enable the University to determine if the product offered meets the requirements of this solicitation.  Verification from the manufacturer of Energy Star Compliance must be provided.

2.0        CONTRACT TERMS

2.1        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.

2.2        Contract Administration:  The University of Maine Purchasing Department, Anne-Marie Nadeau, shall be the University's authorized representative in all matters pertaining to the administration of this contract.

2.3        Contract Documents:  If a separate contract is not written, the contract entered into by the parties shall consist of the Request for Bids, the signed bid 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.

2.4        Contract Modification and Amendment:  The parties may adjust the specific terms of this contract (except for pricing) 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.

2.5        Contract Term:  The contract term shall be for a period of  one (1) year, commencing upon January 1, 2003.  With mutual written agreement of the parties this contract may be extended for two (2) additional one-year periods. 

2.6        Cancellation of Contract:  The University reserves the right to cancel the contract with thirty (30) days written notice or to cancel contracts immediately if the contractor does not conform to the terms and conditions of the contract.  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 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.

2.8        Water coolers (equipment and bottles) will be provided on a Contractor furnish and install basis.  The Contractor will have complete responsibility for the coolers until they are in place and working.  All transportation and installation arrangements will be the responsibility of the Contractor.  Initial delivery must be coordinated with a contact person for each Department.  A list of names will be given to the Contractor by the University for this purpose.  All crating and other debris must be removed from the premises.  The Contractor will be solely responsible for correcting damage to premises resulting from the installation process.

2.9        Use of Elevators:  Contractor may use elevators when available, however elevators will not be available at all locations.  Contractor is responsible for delivery of products as requested to the desired location.

2.10      Deliveries:  The Contractor is responsible for coordinating, with each department/location, the number of water bottles to be delivered and the frequency of delivery, however, deliveries will be made to campus a minimum of 2 times/week, preferably Monday & Thursday.

2.11      Quantities:  The quantities shown on the bid form are approximate only. The contract shall cover the actual needs of the University throughout the term of the contract regardless of whether they are more or less than the quantities shown.

2.12      Additional Departments Added to the Contract:  Additional departments may be added throughout the term of this contract with all the same contract prices, terms and conditions.

NOTE:  If you are the successful bidder and currently doing business with any University of Maine Department not listed in attachment A, that Department will be afforded the contract pricing, terms and conditions, including new equipment placement, effective January 1, 2003.

2.13      Coordination with current Contractor:  The Successful bidder agrees to coordinate, with the current Contractor, removal of old and installation of new equipment.  This shall be done in a manner that will keep disruption to the department minimal and will not cause delay in services.

2.14      Bid Prices:  The bid shall be in the form of a firm price for each line item during the contract period.  The bid price shall include charges such as installation, shipping, insurance, and all other costs.  Charges not specified in the bid will not be honored.

            NOTE:  Bottle Deposits will not be accepted as a separate charge for the purpose of this contract.

2.15      Purchase orders and Invoices:

·         For Student Auxiliary Services, one purchase order will be issued for all 10 locations.  Invoices must be submitted to each location for approval.  Invoices must include the location name (e.g. Hilltop Commons, York Commons, etc.) and purchase order number.

·         Purchase orders for other departments will be issued separately.  Invoices shall be submitted to the Purchasing Department and must include the location name and purchase order number.

·         Some departments may elect to pay with a University issued Visa card.  Please indicate if you accept payment by Visa Credit Card.

2.16      Payments:  Payment will be upon submittal of an invoice to the Purchasing Department by the Contractor on a net 30 basis unless discount terms are offered.

2.17      Equipment warranty/replacement:  All equipment shall be guaranteed to work to the satisfaction of the University.  Any equipment that does not perform satisfactorily shall be replaced by the Contractor immediately at no cost to the University.

2.18      Cleaning & Maintenance: Cleaning and maintenance is the responsibility of the Contractor.  Cleanings shall be performed for each cooler a minimum of every 6 months at no charge to the University.

2.19      Indemnification:  The Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the University 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.

2.20      Independent Contractor:  Whether the Contractor is a 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. 

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

            Insurance Type                                                              Coverage Limit

            1.  Commercial General Liability                          $1,000,000 per occurrence or more

                 (Written on an Occurrence-based form)                     (Bodily Injury and Property Damage)

            2.  Automobile Liability                                       $1,000,000 per occurrence or more

                            (Including Hired & Non-Owned)                           (Bodily Injury and Property Damage)

            3.  Workers Compensation                                 Required for all personnel

                 Employers Liability minimum limits:

                                    Bodily injury by accident:                        $100,000 each accident

                                    Bodily injury by disease:                         $100,000 each accident 

                                    Bodily injury by disease:                         $500,000 policy limit     

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

                  Certificates of Insurance for all of the above insurance shall be filed with:

University of Maine Purchasing Department

5765 Service Building

Orono, Maine 04469

                  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.

                  As additional insured and certificate holder, the University should be included as follows:

The University of Maine System

Office of Facilities

107 Maine Avenue

Bangor, ME 04401

2.22      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.

2.23      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.

2.24      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.

2.25      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.

3.0        SPECIFICATION:

3.1        Coolers:  All coolers shall be NEW.  Cold only and Hot/Cold coolers must be available.  Energy Star Compliant equipment is preferred. 

3.2        Bottled Water::  5-Gallon and 3 Gallon Containers are preferred.  If you offer alternative sizes to 5 Gallon and 3 Gallon please indicate that in your bid.

3.3        Bottle Deposits:  Bottle Deposits will not be accepted.

3.4        Department Listing and Information:  Please see attachment A.

4.0        BID SUBMITTAL:

            4.1 Equipment Rental Cost and Bottled Water Cost:

                        Coolers                        Monthly Rental                                    Monthly Rental

                                                            Cold Water Only                      Hot/Cold Water

                                                            $                                              $                     

Water, 5-Gallon                       $                      per container

                        Water, 3-Gallon                       $                      per container

Water, (other than 5 & 3 Gallon container), if applicable

                        Size                              $                      per container

                        Size                              $                      per container

                        Size                              $                      per container

Energy Star Compliant?    Yes    No

                                         (circle one)

(If Yes, please include manufacturer verification)

                        Payment Option (VISA):  Will you accept payment via VISA?    Yes     No          

         (circle one)

4.2        References:  A list of three references is required to be submitted with your quotation.  These references should be agencies your firm has done business with in the past year on projects with a similar scope to this one. 

Company Name:____________________________________________________

Address:_________________________________________________________

            City:__________________          State:______     Zip Code:________________

Contact Person:__________________________________________________

Phone Number: (        ) _____________ Fax Number: (        ) _____________

Company Name:____________________________________________________

Address:_________________________________________________________

            City:__________________          State:______     Zip Code:________________

Contact Person:__________________________________________________

Phone Number: (        ) _____________ Fax Number: (        ) _____________

Company Name:____________________________________________________

Address:_________________________________________________________

            City:__________________          State:______     Zip Code:________________

Contact Person:__________________________________________________

Phone Number: (        ) _____________ Fax Number: (        ) _____________