Central Arkansas Water

Transcription

Roosevelt Rd fitting
ITB 14-10D
PERSONS RECEIVING THIS ITB FROM THE INTERNET OR BY FAX MUST CALL (501) 223-1562 AND REGISTER
THEMSELVES AS A BIDDER. FAILURE TO REGISTER AS A BIDDER MAY RESULT IN YOU MISSING A BID AMENDMENT,
AND A MISSING BID AMENDMENT MAY RESULT IN YOUR OFFER BEING FOUND NON-RESPONSIVE.
INVITATION TO BID
ITB 14-10D
20in FITTING ROOSEVELT RD/HWY 70
Bid Mailing Date
October 8, 2014
Bid Submittal Due Date
October 15, 2014 2:30 P.M. CT
To
Quinton Henderson
Warehouse Buyer
Purchasing Office
5300 South Shackleford Road
Little Rock, AR 72204
(501) 223-1562
[email protected]
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ITB 14-10D
ITB 14-10D
Sealed Bids signed and marked Invitation to Bid, 20in Fittings will be received at Central
Arkansas Water, 5300 South Shackleford Road until 2:30 p.m., on Wednesday, October
15, 2014 for 20in Fittings as described below. Central Arkansas Water desire to solicit
qualified bids for the Warehouse at 5300 South Shackleford Road location.
Background and General Information
Central Arkansas Water, (CAW) is a metropolitan system that serves a population of
approximately 400,000. We have 123,000 residential, commercial, industrial and
master-metered customers in Pulaski, Saline and Grant Counties.
Delivery
FOB Destination, 5300 S. Shackleford Road, Little Rock, AR 72204.
Bid Process
One original and one copy of Attachment One - Pricing Sheet and W-9 document per
section “Payment to Contractor” are required. The original documents must be clearly
marked and contain original signatures and must be easily reproducible on a standard
copying machine. Failure to clearly mark the original and provide original signatures
may result in a bid being found non-responsive and given no consideration. Bidder that
is awarded the contract will be required to submit a complete bid package, each page
initialed which indicates that the bidder understands the requirements of the bid.
Disadvantaged Business Enterprises
It is CAW’s policy to encourage the involvement of Disadvantaged Business Enterprises
(minority-owned and women-owned businesses) in contract awarded. DBE’s are
particularly invited to submit statements, either as a prime contractor, subcontractor or
as a part of a joint venture. Non-DBE firms are encouraged to arrange subcontractors or
joint ventures with DBE’s prior to submission of their bid.
A. LETTER OF TRANSMITTAL
The transmittal letter will:
• Indicate the intention of the Bidder to adhere to the provisions described in
the ITB without modification;
• Identify the submitting organization;
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ITB 14-10D
• Identify the person, by name and title, authorized to contractually obligate
the organization;
• Identify the contact person responsible for this response, specifying name,
title, mailing address, phone, fax, and email address;
• Acknowledge the bid is considered firm for Thirty (30) days after the bid
award;
• Provide the original signature of the person authorized to contractually
obligate the organization.
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ITB 14-10D
GENERAL PROVISIONS
Bids
Cash discount must be shown on bid, otherwise prices will be considered net. Unless prices and
all information requested are complete, bid may be disregarded and given no consideration.
CAW’ preferred payment term is 2%N10. This Invitation for Bid shall result in a firm, fixed price
contract to purchase. In case of default by the bidder, CAW may procure the services from other
sources and may deduct from any monies due, or that may thereafter become due to the
bidder, the difference between the price named in the contract or purchase order and actual
cost thereof to CAW. Prices paid by CAW shall be considered the prevailing market price at the
time such purchase is made. Periods of performance may be extended if the facts as to the
cause of delay justify such extension in the opinion of the Purchasing Manager. All prices and
bids must be in ink or typewritten. No pencil figures or erasures are permitted. Mistakes may be
crossed out and corrections inserted adjacent thereto and must be initialed in ink by person
signing the proposal. All bids must be signed with the firm's name and by a responsible officer
or employee. Obligations assumed by such signature must be fulfilled.
Submission of Bids
Each bid must be submitted on the prescribed form in a sealed envelope with bid number,
closing date and time on the outside. Each bid must be signed as indicated above. Information
must be furnished complete in compliance with the terms, conditions, provisions and
specifications of the Invitation to Bid. The information requested and the manner of submission
is essential to permit prompt evaluation of all bids on a fair and uniform basis. Accordingly, CAW
reserves the right to declare as non-responsive, and reject any bid in which material information
requested is not furnished or where indirect or incomplete answers or information is provided.
Any bid modifications or corrections thereof received after the closing time specified will not be
considered. No telephone or facsimile of bids will be accepted. If a photo copy is to be
submitted, it must be signed in original, in ink. If you do not bid, return this Invitation to Bid and
state reason, otherwise your name may be removed from our mailing list.
Proposal Postponement and Amendment
CAW reserves the right to revise or amend the specifications up to the time set for opening the
bids. Such revisions and amendments, if any, shall be announced by amendments to this
solicitation. Copies of such amendments shall be furnished to all prospective bidders.
Prospective bidders are defined as those bidders listed on the CAW' Invitation to Bid list for this
service, or who have obtained bid documents subsequent to the proposal advertisement. If the
revisions and amendments require changes in quantities or prices proposed, or both, the date
set for opening proposals may be postponed by such number of days as in the opinion of CAW
shall enable bidders to revise their proposals. In any case, the proposal opening shall be at least
five (5) working days after the last amendment, and the amendment shall include an
announcement of the new date, if applicable, for the opening of proposals.
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ITB 14-10D
Single Bid Response
If only one bid is received in response to the Invitation to Bid, a detailed bid review may be
requested of the single bidder. A cost/price analysis and evaluation and/or audit may be
performed of the bid price in order to determine if the price is fair and reasonable.
Bid Withdrawal
After the bids are opened, bids may not be withdrawn for thirty (30) calendar days. Prior to the
date/time set for the bid opening, however, bids may be modified or withdrawn by the bidder's
authorized representative in person, or by written notice. If bids are modified or withdrawn in
person, the authorized representative shall make his identity known and shall sign a receipt for
the ITB. Written notices shall be received in the office indicated in this Invitation to Bid no later
than the exact date/time for the bid opening. A written modification or withdrawal received in
the designated office by mail or facsimile from the receiving office no later than the date/time
set for the bid opening shall be considered if such message is confirmed by receipt of the
Purchasing Manager.
Award
CAW reserves the right to accept bids, award bids and/or not award bids on individual items
listed, on group items, or on the bid as a whole; to reject any and all bids, to waive any
informality in the bid, and to accept the bid that appears from all consideration to be for the
best interest of CAW. In determining and evaluating the best bid, the prices will not necessarily
be controlling, but quality, equality, efficiency, general terms, delivery, suitability of service
offered, and the reputation of the supplier will be considered with any other relevant factors.
The Purchasing Manager shall be the sole judge in the determination of these matters. Notice of
bid award, if bid is awarded, will be made within thirty (30) days of bid opening. Receipt of the
official Purchase Order of CAW covering the services described in the ITB will indicate the award
of the bid and a contract to purchase.
Contract Administration
Except as otherwise specifically provided in the ITB, and the resulting Purchase Contract or
Purchase Order, any notice, submittal or communication required or permitted to be served on
a party hereto, may be served by certified mail or personal delivered to the office of the person
identified.
State and Local Tax
Prices quoted shall not include State or Local Sales tax. Invoice billing will be paid at the current
tax rate for Little Rock, Arkansas in accordance with the contract payment schedule.
Payment to Contractor
Payment will be made on a calendar-month basis in arrears. The CONTRACTOR shall submit
invoice to CAW, Accounts Payable, P. O. Box 1789, Little Rock, AR 72203. W-9 to be included
with bid proposal.
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ITB 14-10D
Bid Contents
This bid consists of the Bid document, provisions, specifications, attachments and other terms
and conditions as are attached or incorporated by reference in the schedule of this Bid. PLEASE
NOTE THAT AN ELECTRONIC COPY OF ALL DOCUMENTS IS AVAILABLE FOR DOWNLOAD FROM
CAW WEBSITE AT: http://www.carkw.com, Procurement/Bids, Purchasing, and then select
from the Current Open Bids for Central Arkansas Water.
Bid Pricing
Contract prices for service and material will remain firm for thirty (30) days from bid award date.
Bid Evaluation
The Purchasing Manager and CAW Department Heads will review all bids submitted and select
the top bidder based on price, qualifications, and references. The results will be submitted to
the Board of Commissioners for final approval. The Board of Commissioners met the second
Thursday of every month. Evaluation of bids is expected to be complete within 10 days after
their receipt.
Estimated Schedule
October 08, 2014 Bid Mailing Date
October 15, 2014 at 2:30 P.M., CT Bid Opening
October 16, 2014, Bid Evaluation
Bidder Inquiries
For information concerning ITB process and additional information, contact:
Quinton Henderson
Warehouse Buyer
5300 South Shackleford Road
Little Rock, AR 72204
(501) 223-1562 Voice
(501) 223-5419 Fax
[email protected]
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ITB 14-10D
CONTRACT TERMS AND CONDITIONS
The contract of the successful bidder will contain the following Contract Terms and Conditions.
Bidders taking exception to these terms and conditions or intending to propose additional or
alternative language must (a) identify with specificity CAW terms and conditions to which they
take exception or seek to amend or replace; and (b) include any additional or different language
with their proposal. Failure to both identify with specificity those terms and conditions bidder
takes exception to or seeks to amend or replace as well as to provide bidder’s additional or
alternate Contract terms may result in rejection of the bid. While CAW may accept additional or
different language if so provided with the bid, the Terms and Conditions marked with an
asterisk (*) are mandatory and non-negotiable.
Procedures
The extent and character of the services to be performed by Contractor shall be subject to the
general control and approval of the Purchasing Manager or his/her representative(s). Contractor
shall not comply with requests and/or orders issued by other than the Purchasing Manager or
his/her representative(s) acting within their authority for CAW. Any change to the Contract must
be approved in writing by CAW’s Purchasing Manager and Contractor.
Contract Period*
The term of this Agreement shall commence after contract award date and shall be completed
thirty (30) days from said date.
Compliance with Laws*
Contractor understands that CAW is an equal opportunity employer and therefore, maintains a
policy which prohibits unlawful discrimination based on race, color, creed, sex, age, national
origin, physical handicap, disability, genetic information, or any other consideration made
unlawful by federal, state, or local laws. All such discrimination is unlawful and Contractor
agrees during the term of the Contract that Contractor will strictly adhere to this policy in its
employment practices and provision of services. Contractor shall comply with, and all activities
under this Contract shall be subject to, all applicable federal, state, and local laws and
regulations, as now existing and as may be amended or modified.
Business, Professional and Occupational License Requirement
All firms or individuals located or doing business in Arkansas are required to be licensed in
accordance with the required state, local and county agencies.
Insurance
A. Contractor shall be responsible for its work and every part thereof, and for
all materials, tools, equipment, appliances, and property of any and all
description used in connection therewith. Contractor assumes all risk of
direct and indirect damage or injury to the property or persons used or
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ITB 14-10D
employed on or in connection with the work contracted for, and of all
damage or injury to any person or property wherever located, resulting
from any action, omission, commission or operation under the Contract.
B. Contractor and all subcontractors shall, during the continuance of all work
under the Contract provide the following:
1. Workers’ Compensation and Employer’s Liability to protect Contractor
from any liability or damages for any injuries (including death and
disability) to any and all of its employees, including any and all liability
or damage which may arise by virtue of any statute or law in force
within the State of Arkansas.
2. Comprehensive General Liability insurance to protect Contractor, and
the interest of CAW, its officers, commissioners, employees, and agents
against any and all injuries to third parties, including bodily injury and
personal injury wherever located, resulting from any action or operation
under the Contract or in connection with the contracted work. The
General Liability insurance shall also include the Broad Form Property
Damage endorsement, in addition to coverage for explosion, collapse,
and underground hazards, where required.
3. Automobile Liability insurance, covering all owned, borrowed, leased, or
rented vehicles operated by Contractor.
C. Contractor agrees to provide the above referenced policies with the
following limits. Liability insurance limits may be arranged by General
Liability and Automobile policies for the full limits required, or by a
combination of underlying policies for lesser limits with the remaining limits
provided by an Excess or Umbrella Liability policy.
1. Workers’ Compensation:
Coverage A:
Coverage B:
2. General Liability:
Per Occurrence:
Personal/Advertising Injury:
General Aggregate:
Products/Completed Operations:
Aggregate
Fire Damage Legal Liability
Statutory
$500,000/$500,000/$500,000
$1,000,000
$1,000,000
$2,000,000
$2,000,000
$100,000
GL Coverage, excluding Products and Completed Operations, should
be on a Per Project Basis
3. Automobile Liability:
Combined Single Limit:
$1,000,000
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ITB 14-10D
D. The following provisions shall be agreed to by Contractor:
1. Contractor will provide an original signed Certificate of Insurance and
such endorsements as prescribed herein.
a. Contractor will provide on request certified copies of all insurance
coverage Certificates of Insurance related to the Contract within ten
(10) business days of request by CAW. These certified copies will be
sent to CAW from Contractor’s insurance agent or representative.
b.
Any Certificate of Insurance provided shall indicate the Contract
name and number.
2. No change, cancellation, or non-renewal shall be made in any insurance
coverage without a forty-five (45) day written notice to CAW.
Contractor shall furnish a new Certificate of Insurance prior to any
change or cancellation date. The failure of Contractor to deliver a new
and valid Certificate of Insurance will result in suspension of all
payments until the new Certificate of Insurance is furnished.
3. Liability Insurance “Claims Made” basis: If the liability insurance
purchased by Contractor has been issued on a “claims made” basis,
Contractor must comply with the following additional conditions. The
limits of liability and the extensions to be included as described
previously in these provisions, remain the same. Contractor must also
agree to provide certificates of insurance evidencing the above
coverage for a period of two (2) years after final payment for Contractor
for General Liability policies. This certificate shall evidence a
“retroactive date” no later than the beginning endorsement by means
of a certificate of insurance or a copy of the endorsement itself.
4. Contractor must disclose the amount of deductible/self-insured
retention applicable to the General Liability and Automobile Liability.
CAW reserves the right to request additional information to determine
if Contractor has the financial capacity to meet its obligations under a
deductible/self-insured plan. If this provision is utilized, Contractor will
be permitted to provide evidence of its ability to fund the
deductible/self-insured retention.
5. Contractor agrees to provide insurance issued by companies within the
State of Arkansas, with the Best’s Key Rating of at least A:VII.
6. CAW, its officers and employees shall be endorsed to Contractor’s
Automobile and General Liability policies as an “additional insured” with
the provision that this coverage “is primary to all other coverage CAW
may possess.” (Use “loss payee” where there is an insurable interest). A
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ITB 14-10D
Certificate of Insurance evidencing the additional insured status must be
presented to CAW along with a copy of the Endorsement.
7. Contractor will provide a waiver of subrogation endorsement in favor of
CAW on their Commercial Auto, General Liability and Workers’
Compensation Policies.
8. Compliance by Contractor with the foregoing requirements as to carry
insurance shall not relieve Contractor of their liabilities provisions of the
Contract.
E. Precaution shall be exercised at all times for the protection of persons
(including employees) and property.
F. Contractor is to comply with the Occupational Safety and Health Act of
1970, Public Law 91-956, as it may apply to this Contract.
G. If an “ACORD” Insurance Certificate form is used by Contractor’s insurance
agent, the words “endeavor to” and “. . . but failure to mail such notice shall
impose no obligation or liability of any kind upon the company” in the
“Cancellation” paragraph of the form shall be deleted.
H. Contractor agrees to waive all rights of subrogation against CAW, its
officers, employees, and agents.
Subcontractors
Subcontractors cannot be used on this project.
Safety
All Contractors and subcontractors performing services for CAW are required to and shall
comply with all Occupational Safety and Health Administration (OSHA), State and County Safety
and Occupational Health Standards and any other applicable rules and regulations. Also all
Contractors and subcontractors shall be held responsible for the safety of their employees and
any unsafe acts or conditions that may cause injury or damage to any persons or property within
and around the work site under this Contract.
Termination for Convenience*
a. Termination. CAW may, when the interests of the utility so require, terminate this
Contract, in whole or in part, for the convenience of CAW. CAW shall give written notice
of the termination to Contractor specifying the part of the Contract terminated and
when the termination becomes effective.
b. Contractor’s Obligations. Contractor shall incur no further obligations in connection
with the terminated work and on the date set in the notice of termination. Contractor
will stop work to the extent specified. Contractor must still complete the work not
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ITB 14-10D
terminated by the notice of termination and may incur obligations as are necessary to
do so.
Termination for Cause
a. Cause. In the event of Termination for Cause, the thirty (30) days advance notice is
waived and Contractor: At any time 1) Contractor fails to conform to the requirements
of the Contract; 2) Contractor seeks relief under any law for benefit of insolvents or is
adjudicated bankrupt; 3) any legal proceedings are commenced against Contractor
which may interfere with the performance of the Contract or 4) Contractor has failed to
supply an adequate working force or has failed in any other respect to prosecute the
work with the diligence and force specified and intended in and by the terms of the
Contract, which default is not fully corrected or remedied to the reasonable satisfaction
of CAW within ten (10) days following the date a written notice thereof by CAW, then
CAW shall have the right and power, at its option and without prejudice to any other
rights or remedies it may have, to immediately terminate the Contract. Any cost or
expense incurred by CAW arising out of Contractor’s breach or default hereunder, and
for CAW’s enforcement of these rights, shall be the obligation of Contractor and may, at
CAW’ discretion, be deducted from any amounts that may then be owing to Contractor
under the Contract, without any release or waiver of any other rights or remedies in law
or equity to which CAW may be entitled.
b. Contractor’s Duties. Notwithstanding termination of the Contract and subject to any
direction from CAW, Contractor shall take timely, reasonable, and necessary action to
protect and preserve property in the possession of Contractor in which CAW has an
interest.
c. Compensation. Payment for completed services delivered and accepted by CAW shall
be at the contract price.
d. Additional Rights and Remedies. The rights and remedies provided in this clause are in
addition to any other rights and remedies provided by law.
Modification*
The Agreement shall not be modified, except by written amendment, executed by all parties.
Oral change orders are not permitted. No change in the Agreement shall be made unless CAW
gives prior written approval. Any specification change not properly ordered by written
modification to the Agreement executed by CAW shall be void at the sole option of CAW and
CONTRACTOR shall be liable for all costs or expenses arising there from and/or for satisfactorily
correcting or replacing same.
Attorneys’ fees and expenses*
Subject to other terms and conditions of this Contract, in the event Contractor defaults in any
obligations under this Contract, Contractor shall pay to CAW all costs and expenses (including,
without limitation, investigative fees, court costs, and attorney’s fees) incurred by CAW in
enforcing this Contract or otherwise reasonably related thereto. Contractor agrees that under
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ITB 14-10D
no circumstances shall CAW be obligated to pay any attorney’s fees or costs of legal action to
Contractor.
Authority to contract*
Contractor warrants: (a) that it is a validly organized business with valid authority to enter into
this Contract; (b) that it is qualified to do business and in good standing in the State of Arkansas;
(c) that entry into and performance under this Contract is not restricted or prohibited by any
loan, security, financing, contractual, or other agreement of any kind; and, (d) notwithstanding
any other provision of this Contract to the contrary, that there are no existing legal proceedings
or prospective legal proceedings, either voluntary or otherwise, which may adversely affect its
ability to perform its obligations under this Contract.
Debarment and suspension*
Contractor certifies to the best of its knowledge and belief, that it:
is not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transaction by any federal department or any
political subdivision of the State of Arkansas;
has not, within a three (3) year period preceding this proposal, been convicted of or had
a civil judgment rendered against it for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state,
or local) transaction or contract under a public transaction;
has not, within a three (3) year period preceding this proposal, been convicted of or had
a civil judgment rendered against it for a violation of federal or state antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
is not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of any of these offenses enumerated in
paragraphs two (2) and three (3) of this certification; and,
has not, within a three (3) year period preceding this proposal, had one or more public
transactions (federal, state, or local) terminated for cause or default.
Force majeure
Each party shall be excused from performance for any period and to the extent that it is
prevented from performing any obligation or service, in whole or in part, as a result of causes
beyond the reasonable control and without the fault or negligence of such party. Such acts shall
include without limitation acts of God, strikes, lockouts, riots, acts of war, epidemics,
governmental regulations superimposed after the fact, fire, earthquakes, floods, or other
natural disasters (“force majeure events”). When such a cause arises, Contractor shall notify
CAW immediately in writing of the cause of its inability to perform, how it affects its
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ITB 14-10D
performance, and the anticipated duration of the inability to perform. Delays in delivery or in
meeting completion dates due to force majeure events shall automatically extend such dates for
a period equal to the duration of the delay caused by such events, unless CAW determines it to
be in its best interest to terminate the Contract.
Indemnification*
To the fullest extent allowed by law, Contractor shall indemnify, defend, save and hold
harmless, protect, and exonerate CAW, its commissioners, board members, officers, employees,
agents, and representatives from and against all claims, demands, liabilities, suits, actions,
damages, losses, and costs of every kind and nature whatsoever including, without limitation,
court costs, investigative fees and expenses, and attorneys’ fees, arising out of or caused by
Contractor and/or its officers, directors, principals, agents, and/or employees in the
performance of or failure to perform this Contract. In CAW’s sole discretion, Contractor may be
allowed to control the defense of any such claim, suit, etc. In the event Contractor defends said
claim, suit, etc., Contractor shall use legal counsel acceptable to CAW. Contractor shall be solely
responsible for all costs and/or expenses associated with such defense, and CAW shall be
entitled to participate in said defense. Contractor shall not settle any claim, suit, etc., without
CAW’s concurrence, which CAW shall not unreasonably withhold.
Independent Agency status
Contractor shall, at all times, be regarded as and shall be legally considered an independent
contractor and shall at no time act as an agent for CAW. Nothing contained herein shall be
deemed or construed by CAW, Contractor, or any third party as creating the relationship of
principal and agent, master and servant, partners, joint ventures, employer and employee, or
any similar such relationship between CAW and Contractor. Neither the method of
computation of fees or other charges, nor any other provision contained herein, nor any acts of
CAW or Contractor hereunder creates, or shall be deemed to create a relationship other than
the independent relationship CAW and Contractor. Contractor’s personnel shall not be deemed
in any way, directly or indirectly, expressly or by implication, to be employees of CAW. Neither
Contractor nor its employees shall, under any circumstances, be considered servants, agents, or
employees of CAW and CAW shall be at no time legally responsible for any negligence or other
wrongdoing by Contractor, its servants, agents, or employees. CAW shall not withhold from the
contract payments to Contractor any federal or state unemployment taxes, federal or state
income taxes, Social Security tax, or any other amounts for benefits to Contractor. Further,
CAW shall not provide to Contractor any insurance coverage or other benefits, including
Worker’s Compensation, normally provided by CAW for its employees.
No limitation of liability
Nothing in this Contract shall be interpreted as excluding or limiting any tort liability of
Contractor for harm caused by the intentional or reckless conduct of Contractor or for damages
incurred through the negligent performance of duties by Contractor.
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ITB 14-10D
Ownership of documents and work papers*
CAW shall own all documents, files, reports, work papers and working documentation,
electronic or otherwise, created in connection with the provision of services under this Contract,
except for Contractor’s internal administrative and quality assurance files and internal
correspondence.
Severability
If any part of this Contract is declared to be invalid or unenforceable, such invalidity or
unenforceability shall not affect any other provision of the Contract that can be given effect
without the invalid or unenforceable provision, and to this end the provisions hereof are
severable. In such event, the parties shall amend the Contract as necessary to reflect the
original intent of the parties and to bring any invalid or unenforceable provisions in compliance
with applicable law.
Public Records*
The ITB document and all bids submitted in response thereto are public records. You are
cautioned to not put material into the bid that is proprietary in nature. All bids submitted
become the property of CAW.
Termination upon bankruptcy
This Contract may be terminated in whole or in part by CAW upon written notice to Contractor,
if Contractor should become the subject of bankruptcy or receivership proceedings, whether
voluntary or involuntary, or upon the execution by Contractor of an assignment for the benefit
of its creditors. In the event of such termination, Contractor shall be entitled to recover just and
equitable compensation for satisfactory work performed under this Contract prior to such date.
Third party action notification
Contractor shall give the customer prompt notice in writing of any action or suit filed, and
prompt notice of any claim made against Contractor by any person or entity that may result in
litigation related in any way to this Contract.
Waiver
No delay or omission by either party to this Contract in exercising any right, power, or remedy
hereunder or otherwise afforded by contract, at law, or in equity shall constitute an
acquiescence therein, impair any other right, power or remedy hereunder or otherwise afforded
by any means, or operate as a waiver of such right, power, or remedy. No waiver by either party
to this Contract shall be valid unless set forth in writing by the party making said waiver. No
waiver of or modification to any term or condition of this Contract will void, waive, or change
any other term or condition. No waiver by one party to this Contract of a default by the other
party will imply, be construed as or require waiver of future or other defaults.
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ITB 14-10D
Applicable Law*
This contract shall be governed by and construed in accordance with the laws of the State of
Arkansas, excluding its conflicts of law’s provisions, and any litigation with respect thereto shall
be brought in the courts of the State of Arkansas located in Pulaski County, Arkansas.
Contractor hereby irrevocably consents to the personal jurisdiction of the Circuit Court of
Pulaski County, Arkansas upon and over Contractor.
Applicability of Freedom of Information Act*
Contractor acknowledges that CAW is subject to the requirements of the Arkansas Freedom of
Information Act (the “FOIA”) and to the extent Contractor performs work for CAW, Contractor
may also be subject to requirements of the FOIA. Therefore, each party shall assist and
cooperate with the other (at their own expense) to enable the other party to comply with any
applicable information disclosure obligations under the FOIA. Whenever a party receives a
request for information under the FOIA in relation to the Contract or information which it is
holding on behalf of the other party, it shall (and shall procure that its sub-contractors shall):
i.
transfer the request for information to the other party as soon as
practicable after receipt and in any event within one (1) working day of
receiving the request for information;
ii.
provide the other party with a copy of all information in its possession
or power in the form that the other party requires within two (2)
working days (or such other period as the other party may specify) of
the other party requesting that information; and
iii.
provide all necessary assistance as reasonably requested by the other
party to enable the other party to respond to the request for
information within the relevant time for compliance as set out in the
FOIA.
Each party shall be responsible for determining at its absolute discretion whether:
i.
the information is exempt from disclosure under the FOIA; or
ii.
the information is to be disclosed in response to a request for
information.
Hold Harmless Clause
The Contractor shall, indemnify, defend, and hold harmless CAW from loss from all suits,
actions, or claims of any kind brought as a consequence of any negligent act of omission by the
Contractor. The Contractor agrees that this clause shall include claims involving infringement of
patent or copyright. For purposes of this paragraph, “CAW” and “Contractor” includes their
employees, officials, agents, and representatives. “Contractor” also includes subcontractors and
suppliers to the Contractor. The word “defend” means to provide legal counsel for CAW or to
15
ITB 14-10D
reimburse CAW for its attorneys’ fees and costs related to the claim. This section shall survive
the Contract. CAW is prohibited from indemnifying Contractor and/or any other third parties.
16
ITB 14-10D
ATTACHMENT ONE
SPECIFICATIONS AND PRICING DOCUMENT
PIPE FITTINGS
The prices indicated include transportation to the Clearwater Maintenance Facility, 5300
South Shackleford Road, Little Rock, Arkansas. Or jobsite Any deviation from
specifications shall be noted in writing on this bid form. For Specifications see CAW
WEBSITE AT: http://www.carkw.com, Procurement/Bids, Purchasing, and then select from the
Current Open Bids for Central Arkansas Water.
Quantity
Description
Price each
525
DI PISH-ON PIPE 20in
___________
780
DI PISH-ON PIPE 12in
___________
2
MJ BEND 90 X 16
_____________
1
MJ BEND 22 1/2 X 16
_____________
MJ BEND 45 X 20
_____________
MJ BEND 11 1/4 X 20
_____________
30
MJ MEGA RETAINER 20in
_____________
8
MJ MEGA RETAINER 16in
_____________
12
MJ SPLIT MEGA RETAINER 20in
_____________
4
MJ SPLIT MEGA RETAINER 16in
_____________
2
MJ SLEEVE LONG 20in
_____________
2
TAPPED MJ PLUG 20 X 2 WITH ACC
_____________
DI MJ PIPE 20in
_____________
4
MJ BEND 45 X 16
____________
2
MJ BEND 22 1/2 X 20
______________
10
2
40
NOTE: Pipe to be delivered to jobsite. Buyer will
furnish location and directions.
ALL ITEMS ABOVE SHIP TO 5300 S. SHACKLEFORD RD., LITTLE ROCK AR
17
ITB 14-10D
We, the undersigned, have read all the requirements set forth in this bid proposal including the
specifications, instructions, conditions, and pertinent information regarding the articles being
bid on, and we agree to furnish these articles at the prices stated.
______________________________
(Company Name)
______________________________
(Telephone Number)
______________________________ __
(Address)
____________________________
(Fax Number)
______________________________ ____
(Address)
___________________________
(Email)
______________________________ ___
(Person Authorized to Sign Bid)
____________________________
(Title)
______________________________
(Print Name)
____________________________
(FEIN or SSN#)
18
ITB 14-10D
ATTACHMENT TWO
Pipe and fitting Standards
CENTRAL ARKANSAS WATER
19
ITB 14-10D
PIPE AND FITTING
SPECIFICATIONS AND STANDARDS
This document contains specifications and standards for items that are not listed in the CAW
Engineering Construction Specification Document. Items will be listed in the three separate forms. If
an item is listed as ONLY, that is the only brand name that is acceptable. If an item is listed with a
generic description, then any brand name is acceptable as long as it meets the applied description.
If an item is listed with a manufacture number and the words OR EQUAL, then any brand name is
acceptable as long as it meets the applied description; in the case CAW supplies a manufacturer’s
number as a point of reference only
20

Central Arkansas Water

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