REQUEST FOR PROPOSAL

Request for Bid # 10-04 July 15, 2003

Administered by:

UNIVERSITY OF MAINE

PURCHASING DEPARTMENT

ORONO ME 04469

EXERCISE EQUIPMENT FOR

UNIVERSITY COLLEGE OF BANGOR

1.0 GENERAL INFORMATION

1.1 The University of Maine System, acting through The University of Maine at Augusta (UMA), is seeking quotes for exercise equipment for the University College of Bangor (UCB), a UMA campus.

1.2 Definition of Parties: The University of Maine at Augusta 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."

1.3 Purpose: The University wishes to purchase new exercise and recreation equipment for its UCB fitness center. The equipment will be purchased on a deliver and install basis and is to be installed and accepted not later than Monday, September 1, 2003.

1.4 Alternates: Unless otherwise provided for in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; but conveys the general style, type, character, and quality of the article desired. Any article, which the University, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. It is the bidder's responsibility to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the University to determine if the product offered meets the requirements of the solicitation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the bidder clearly indicates in its bid that the product offered is an "equal" product, such bid will be considered to offer the brand name products referenced in the solicitation.

1.5 Award: It is the intent of the University to award this bid all to one vendor. The University reserves the right to conduct any tests it may deem advisable, and to make all evaluations. The University reserves the right to reject any or all bids, in whole or in part, and is not necessarily bound to accept the lowest bid if that bid is contrary to the best interests of the University. The University reserves the right to waive minor irregularities. Scholarships, donations, or gifts to the University will not be considered in the evaluation of bids. A bid may be rejected if it is in any way incomplete or irregular. When there are tie bids, there shall be a preference for “in-state bidders”. When tie bids are both in-state or both out-of-state, the award will be made to the bid that arrives first in the Purchasing Department.

1.6 Communication with the University: It is the responsibility of the bidder to inquire about any requirement of this RFB that is not understood. Responses to inquiries, if they change or clarify the RFB in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFB. 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.

Inquiries must be made to: Hal Wells

Purchasing Department Room 101J

University of Maine

5765 Service Building

Orono, Maine 04469-5765

(207) 581-2708

1.7 Bid Envelope: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid should be returned in an envelope or package, sealed and identified as follows:

From ________________ __________ __________ __________

Name Due Date Time Bid No.

1.8 Costs of Preparation: Bidder assumes all costs of preparation of the bid and any presentations necessary to the bidding process.

1.9 Evaluation: Award will be made to the low bidder provided that all other requirements are satisfactorily met. However, consideration will be given to quality, warranty and references.

1.10 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, Tuesday, July 29, 2003, 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.

2.0 CONRACT TERMS

2.1 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.

2.2 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.

2.3 Furnish and Install: The items on this bid will be provided on a Contractor furnish and install basis. Items will be delivered and set in their final locations as directed by University personnel. The Contractor will have the complete responsibility for the items or system until it is in place and working. Any special installation requirements will be submitted with the bid to the University. All transportation and installation arrangements will be the responsibility of the Contractor. Equipment will be delivered directly to the installation site. Delivery notification must be made to Warren Newton 207-262-7817 at least two (2) work days prior to delivery. 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.

2.4 Final Acceptance: The installing contractor shall be fully responsible for delivery, setup and installation. The installation shall be inspected by representatives of the University and the installing contractor prior to final acceptance by the University.

2.5 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

107 Maine Avenue

Bangor, ME 04401

2.6 Litigation: This Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Maine. The Contractor agrees that any litigation, action or proceeding arising out of this Contract shall be instituted in a state court located in the State of Maine.

2.7 Manuals: The Contractor shall provide with each piece of equipment owner’s manual and/or maintenance instructions and parts lists.

2.8 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 Executive Director of Administrative Services Sheri R. Stevens, The University of Maine at Augusta, 46 University Drive, Augusta, Maine 04330, telephone (207) 621-3535.

2.9 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.

2.10 Transportation Charges: Quotations must be F.O.B. Destination. Prices quoted will be considered to include all charges for transportation, packaging, crates, containers, insurance, duty and brokerage charges, etc. necessary to complete delivery.

2.11 Training: Pricing must include complete training for University personnel.

3.0 SPECIFICATIONS AND PRICE QUOTATION

The University strongly prefers that all equipment will be in white finish with T12 royal blue upholstery.

NOTES: Include delivery and installation costs in the price for each line item.

“Reference Model” is provided to describe the type of equipment and does not denote a brand preference.

ITEM	QUANTITY	EQUIPMENT	REFERENCE MODEL	MANUFACTURE / MODEL OFFERED (IF NOT THE REFERENCE MODEL)	PRICE

1	3	Treadmills	Landice L9 CLUB CV-L9CLUBCAF Cardio Trainer Heavy Commercial
2	1	Upright Bike	SportsArt CV-5200 Self powered commercial bike
3	1	Recumbent Bike	SportsArt CV-5150 Self powered commercial bike
4	2	Elliptical Trainers	SportsArt CV-8300 Total Body Elliptical Cross trainer
5	1	Linear Rower	SportsArt CV-2100 Club Rower
6	1	Climber	SportsArt CV-7100 Deluxe Club Commercial Climber
7	1	Vertical Chest Press	ProMaxima P-102
8	1	Pectoral Butter Fly with Range of Motion (ROM)	ProMaxima P-103
9	1	Shoulder Press	ProMaxima P-105
10	1	Bicep Curl	ProMaxima P-120
11	1	Seated Tricep Extension	ProMaxima P-127
12	1	Abdominal Curl with ROM	ProMaxima P-132
13	1	Prone Leg Curl with ROM	ProMaxima P-111
14	1	Seated Thigh Extension with ROM	ProMaxima P-145
15	1	Seated Leg Press	ProMaxima P-171

		TOTAL PRICE

3.1 Training: Describe the training of University staff included in the price.

3.2 Provide warranty information, both on parts and labor, applying to all equipment that may be purchased as a result of this Request for Bid. This would include units / components not manufactured by the seller.

3.3 Lead-Time: State the number of days to delivery after receipt of the order. Bidders should remember that the University desires the equipment be installed and accepted not later than Monday, September 1, 2003.

3.4 Include the name of the installer if different from the bidder.