INVITATION TO BID ITB # 16-03CLW Forklift2016 powered industrial forklift central arkansas water itb...

2016 Powered Industrial Forklift Central Arkansas Water ITB 16-03CLW

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PERSONS RECEIVING THIS ITB FROM THE INTERNET OR BY FAX MUST CALL (501) 223-1562 or E-MAIL 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 # 16-03CLW

Forklift

Bid Mailing Date March 15, 2016

Bid Submittal Due Date

March 23, 2016 2:30 P. M. CT

To

Quinton Henderson Warehouse Buyer Purchasing Office

Central Arkansas Water 5300 South Shackleford Road

Little Rock, AR 72204 (501) 223-1562

[email protected]


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Forklift ITB # 16-03CLW

Sealed Bids signed and marked Invitation to Bid, Forklift will be received at Central Arkansas Water, 5300 South Shackleford Road until 2:30 p.m., on Wednesday, March 23, 2016 for forklift 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 126,000 residential, commercial, industrial and master-metered customers in Pulaski, Saline and Grant counties. The contract will be administered by the Distribution Department.

Scope of Work The successful Contractor will have the capability to provide products and/or services as specified in this Invitation to Bid. It is the intent of these specifications to describe the minimum requirements for forklift for the Distribution Department.

One original copy of the specification and pricing document, and W-9 are required to be returned. The original bid 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.

Attachments Attachment One: Specifications and Pricing Document Attachment Two: See CAW Material Standards


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GENERAL PROVISIONS Proposals 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. 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.

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.

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


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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.

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 North Little Rock, Arkansas in accordance with the contract payment schedule.


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Payment Process Payment to CAW 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.

Legality If any provisions of this Bid shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

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 services and/or material will remain firm for ninety (90) days from bid award date.

Bid Evaluation The Warehouse Buyer and CAW Department Head will review all bids submitted and select the top bidder based on price, product quality, and delivery. The results will be submitted to the Board of Commissioners for final approval. The Central Arkansas Water Board of Commissioners reserves the right to reject any or all bids and to accept the bid deemed to serve the best interest of Central Arkansas Water. The Board of Commissioners meets the second Thursday of every month. Evaluation of bids is expected to be complete within 10 days after their receipt.

Estimated Schedule March 16, 2016 Bid Mailing Date March 23, 2016 at 2:30 P.M. Bid Opening March 24, 2016 Bid Evaluation April 14, 2016 Commission Approval April 15, 2016 Award

Bidder Inquiries For information concerning ITB process and additional information, contact:

http://www.carkw.com/


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Quinton Henderson Warehouse Buyer Central Arkansas Water 5300 South Shackleford Road Little Rock, AR 72204 (501) 223-1562 Voice (501) 223-5419 Fax [email protected]

NOTE: Requests For Information regarding the ITB requirements must be submitted in writing by e-mail or letter no later than March 17, 2016 to the contact above. CAW may not elect to answer questions submitted after said date. Questions and answers will be posted on the CAW’s ITB webpage no later than Monday, March 21, 2016 2:30 P.M.

mailto:[email protected]


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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. In the event CAW utilizes a standard form Purchase Order with pre-printed terms and conditions upon it, in lieu of specifically drafted contract, to order goods or services pursuant to this ITB, the terms and conditions of this ITB shall control unless specifically stated otherwise on the face of the purchase order. 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 for one (1) year. Non-Discrimination Policy*

Central Arkansas Water shall not discriminate against or in the selection of vendors

because of the race, color, creed, religion, sex, national origin, age, disability, veteran’s

status, marital status, sexual orientation, gender identity, genetic information, political

opinions or affiliation, or any other status protected by law of the vendor’s owners or

personnel.

By submission of a response to the ITB, you agree that you shall not discriminate in your

employment practices or your provision of goods or services to others on the basis of

race, color, creed, religion, sex, national origin, age, disability, veteran’s status, marital

status, sexual orientation, gender identity, genetic information, political opinions or

affiliation. 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.


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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 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: Statutory Coverage B: $500,000/$500,000/$500,000

2. General Liability:

Per Occurrence: $1,000,000 Personal/Advertising Injury: $1,000,000 General Aggregate: $2,000,000 Products/Completed Operations: $2,000,000 Aggregate Fire Damage Legal Liability $100,000


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GL Coverage, excluding Products and Completed Operations, should be on a Per Project Basis

3. Automobile Liability:

Combined Single Limit: $1,000,000

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.


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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 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


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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 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.


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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 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.


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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 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.


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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. 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


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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.

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


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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 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.


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ATTACHMENT ONE

SPECIFICATIONS AND PRICING DOCUMENT Forklift

The prices indicated include transportation to the Clearwater Maintenance Facility, 5300 South Shackleford Road, Little Rock, Arkansas. Any deviation from specifications shall be noted in writing on this bid form. Quantity Description Price each 1 Powered industrial forklift 5000 pounds _____________

ALL ITEMS ABOVE SHIP TO 5300 S. SHACKLEFORD RD., LITTLE ROCK AR 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#)


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ATTACHMENT TWO

Material Standards

March 2015


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Specifications for furnishing and delivering one (1) Powered Industrial Truck (Forklift).

Equipment not in new condition, i.e. demonstrators, previously used equipment, rebuilt or reconditioned equipment is not acceptable. A complete set of Operation and Maintenance Manuals shall be furnished as part of this purchase and the equipment supplier must be able to demonstrate its ability to supply spare and/or replacement parts. The Powered Industrial Truck shall meet but not be limited to the following specifications

1. Engine shall be a 4-cylinder, liquid cooled, LPG engine 2. Transmission shall be automatic 3. Steering shall be hydrostatic (power) 4. The powered industrial truck shall have independent brake and inching

pedals 5. The parking brake shall be hand/foot adjustable 6. The Max mast height shall be 188/84 inches 7. Mast tilt range shall be 6 degrees forward and 11 degrees backward 8. Lift capacity shall be 5,000 pounds minimum 9. The unit shall be capable of “side shift” function for forks 10. The unit shall have solid pneumatic tires 11. The unit shall have mounted a “strobe” beacon light and back up alarm 12. The unit shall have front adjustable lights 13. The unit shall have integrated head light control and turn signal lever 14. Tilt Minimum 6 DEG. FORWARD/ 10 DEG. BACK

INVITATION TO BID ITB # 16-03CLW Forklift2016 powered industrial forklift central arkansas water itb...

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