IMPORTANT NOTE: For the color photo that accompanies this proposal, contact Cindy Carusi at 207-581-2696

REQUEST FOR PROPOSAL #9-05 August 9, 2004

PURCHASING DEPARTMENT

UNIVERSITY OF MAINE

ORONO, MAINE 04469-5765

REQUEST FOR PROPOSAL FOR CUSTOM CARVED SIGNAGE

1.0 GENERAL INFORMATION:

1.1 Purpose: The University of Maine System, acting through the University of Maine, is seeking proposals for the provision of custom carved signs for the Maine Agricultural and Forest Experiment Station.

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." The Maine Agricultural and Forest Experiment Station will be referred to as “MAFES.”

1.3 Scope: The University intends to contract with one (1) bidder to purchase seven (7) signs to be installed at six (6) MAFES locations. The actual number of signs purchased and the timeline in which this will be done is contingent on available funds over an 18-24 month period. Signs will be purchased on an individual basis when it is feasible for the University to do so. The anticipated date of purchase, as shown in section 5.0, is subject to change. Although the University will make every attempt to purchase all seven (7) signs during the term of the contract there is no guarantee that it will be able to do so.

1.4 Evaluation Criteria: Proposals will be evaluated on many criteria deemed to be in the University's best interests, including, but not limited to cost, ability to meet specifications, leadtime, warranty, responsiveness to terms and conditions, company profile (including subcontractors if applicable), references, and quality of work as evidenced by previous work at customer/reference locations.

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.

Inquiries must be made to: Anne-Marie Nadeau

Purchasing Department

University of Maine

5765 Service Building

Orono, Maine 04469-5765

(207) 581-2690

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 reserves the right to reject any or all proposals, in whole or in part, and is not necessarily bound to accept the lowest cost proposal if that proposal is contrary to the best interests of the University. The University may cancel this Request for Proposal 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 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 to the extent allowed by law. Clearly mark any information considered confidential.

1.9 Costs of Preparation: Bidder assumes all costs of preparation of the proposal and any presentations necessary to the proposal process.

1.10 Debarment: Submission of a signed proposal 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.

1.11 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 Specification Protest Process and Remedies: If a bidder feels that the specifications are written in a way that limits competition, a specification protest may be sent to the Purchasing Department. Specification Protests will be responded to within five (5) business days of receipt. Determination of protest validity is at the sole discretion of the University. The due date of the bid may be changed if necessary to allow consideration of the protest and issuance of any necessary addenda. Specification protests shall be presented to the University in writing as soon as identified, but no less than five (5) business days prior to the bid opening date and time. No protest against the award due to the specifications shall be considered after this deadline. Protests shall include the reason for the protest and any proposed changes to the specifications. Protests should be delivered to the Purchasing Department in sealed envelopes, clearly marked as follows:

SPECIFICATION PROTEST, RFP #______

1.14 Proposal Submission: A SIGNED original and three (3) 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, August 19, 2004, 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 vendor. 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:

Name of Bidder

Address of Bidder

Due Date

RFP #

1.15 Proposal Preparation: Before submitting a proposal, bidders who wish to do so may visit each site to become fully acquainted with existing conditions, facilities, difficulties and restrictions. See section 5.0 for locations and contact persons.

2.0 GENERAL TERMS AND CONDITIONS:

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, 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 approximately two 2 years commencing upon award of the contract and ending on the date that all seven signs have been purchased or when the University determines that no additional signs will be purchased. This contract may be extended as agreed upon by both parties.

2.4 Availability of Funds: It is understood and agreed between the parties herein that the University shall be bound only to the extent of the funds available or which may become available for the purpose of this agreement. (see section 1.3 Scope)

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 30 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 30 day 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 Clarification of Responsibilities: If the Contractor needs clarification of or deviation from the terms of the contract, it is the Contractor's responsibility to obtain written clarification or approval from Charlene Herrick, 207-581-3204.

2.8 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.

2.9 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 of Maine 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, Alumni 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:

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

(In Compliance with Applicable State Law)

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 Acordstatement 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

2.15 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.

3.0 PERFORMANCE TERMS AND CONDITIONS:

3.1 Contract Administration: The University of Maine Purchasing Department or its designee shall be the University's authorized representative in all matters pertaining to the administration of this contract.

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 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: 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. Invoices must include a purchase order number.

3.4 Delivery Notification: The University shall be notified 48 hours prior to delivery so that personnel may be available to allow access to the site and to verify items received. Notification shall be made to the University staff person as indicated on each purchase order.

3.5 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.

3.6 Dig Safe: The Contractor must contact and obtain approval from Dig Safe prior to digging for installation of signs. Digging is not permitted under any circumstances without Dig Safe approval.

3.7 Permits, Licenses, Laws, Taxes, and Regulations: All permits and licenses necessary for the prosecution of the work, in the municipality where the sign is to be installed, shall be secured and paid for by the Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as specified. If the Contractor observes that the specifications are at variance therewith, the Contractor shall promptly notify the University in writing and any necessary changes shall be adjusted as agreement by both parties. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the University, the Contractor shall bear all costs arising therefrom.

3.8 Installation: Prior to installation a final site inspection will be conducted with representatives from the University and the Contractor. At that time Contractor must verify, in writing, that approval from Digsafe has been received and that all applicable municipality regulations have been met. (section 3.6 and 3.7)

3.9 Proof: An electronic color copy/graphic design proof will be required prior to construction of signs. The proof should allow us to see what the finished product will be, including but not limited to font style and size, border, layout, overall sign size, and colors (text, border, background, posts, etc.) Signs shall not be constructed until the University has given written approval of the proof. Include with your proposal a sample of the type of proof you are capable of providing.

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

5.0 SPECIFICATION

The specifications provided below match those of the sign pictured on attachment 1. All signs which may be purchased under this contract must match that pictured, unless indicated otherwise. Any deviations, except as indicated, from the specifications will not be accepted. An electronic color picture (pdf file) is available for any bidder who requests one. If you would like the pdf file please contact Anne-Marie Nadeau, 207-581-2690.

Custom Carved Signs:

Signs are to be made for each MAFES location listed below. Each sign will be identical with the exception of text, (e.g. each to have the specific name for that Location/Program), or other differences as required by town or city law, ordinance, rule or regulation. Signs will be purchased on an individual basis over an 18-24 month period, (see section 1.3).

Double Faced 4’ x 10’ x 2” High Density Urethane Foam (18 lb.).

UMaine Dark Blue PMS289 Background with 23k Goldleafed Text & Border.

(2) 5” x 5” x .125” T6 Aluminum Posts.

HDU caps with 23k Goldleafed Finials; Posts to be painted to match background of sign-PMS289.

All hardware to be stainless steel and aluminum.

Installation: Each post shall be supported by 6’-0” long tapered square Precast Piers by Gagne Precast, buried to grade level (no portion to be above ground level). Signs shall be perpendicular to road, unless otherwise specified when ordered. We do not anticipate ledge to be present at any location. Therefore we ask that proposals be based on that assumption. We understand, however, that if ledge is found which inhibits the installation process the price for installation at that location may need to be adjusted accordingly.

Number Contact Person

Location Of Signs Anticipated Date of Order for pre-proposal

Site inspection

Aroostook Farm Randy Smith

Presque Isle, ME 1 Upon award of contract, 2004 207-762-8281

Highmoor Farm Justin Jamison

Monmouth, ME 1 Upon award of contract, 2004 207-933-2100

Rogers Farm Justin Jamison

Stillwater, ME 1 or 2 Fall 2004 or Spring, 2005 207-581-2193

The second sign for Rogers farm would be single-sided and placed at the back of the property, facing Interstate 95, if the University chooses to order it.

Blueberry Hill Farm Delmont Emerson

Jonesboro, ME 1 Summer, 2005 207-434-2291

J.F. Witter Teaching Justin Jamison

and Research Center 1 Fall, 2005 207-581-2193

Old Town, ME

University Forest Chuck Simpson

Old Town, ME 1 Spring, 2006 207-581-3626

5.0 PROPOSAL CONTENT:

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 rescision 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.

5.1 Business Profile:

5.1.1 No financial statements are required to be submitted with your proposals, however, prior to an award the University may request financial statements from your company, credit reports and letters from your bank and suppliers.

5.1.2 Please submit with your proposal a detailed history and description of your company. Include information on any subcontractors that may be used in any portion of this work (e.g. installers).

If you have a website please include the web address:

5.1.3 Average number of days to completion after receipt of an order. .

5.2 Pricing: Provide a price for the sign and a separate price for installation.

2-Sided Custom Carved Sign Unit Price–Sign Installation TOTAL

as specified

Aroostook Farm

Presque Isle, ME 1 $ $ $

Highmoor Farm

Monmouth, ME 1 $ $ $

Rogers Farm 1) 2-sided $ $ $

Stillwater, ME

1) 1-sided $ $ $

Blueberry Hill Farm

Jonesboro, ME 1 $ $ $

J.F. Witter Teaching

and Research Center 1 $ $ $

Old Town, ME

University Forest

Old Town, ME 1 $ $ $

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

5.4 Proof: Please provide a sample proof so we can see what will be available for our needs (section 3.9).

5.5 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, preferably in the greater Bangor area.

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: ( )__________

6.0 SIGNATURE:

COMPANY NAME _______________________

By:

(Signature)

(Print Name)

(Title)

(Date)