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REQUEST FOR PROPOSAL General Information RFP Number: 20-013 Description: Janitorial Services for the Clearwater Maintenance Complex Solicitation Issued: September 2, 2020 Submission Deadline for Response RFP Opening Date: October 1, 2020 RFP Opening Time: 2:30 p.m., Central Time Responses shall not be accepted after the designated RFP opening date and time. It is the responsibility of vendors to submit responses at the designated location on or before the RFP opening date and time. Responses received after the designated RFP opening date and time shall be considered late and shall be returned to the vendor without further review. It is not necessary to return "no bids" to LRWRA. Delivery Information for Response Delivery Address: Little Rock Water Reclamation Authority ATTN: Procurement Department 11 Clearwater Drive Little Rock, AR 72204 Delivery providers, USPS, UPS, and FedEx deliver mail to LRWRA's street address on a schedule determined by each individual provider. These providers will deliver to LRWRA based solely on the street address. Note: Vendor(s) who choose to hand deliver a response, should take it to the receptionist desk in the Clearwater Administration Building which is located at 11 Clearwater Drive. Response's Outer Packaging: Vendor's response must be delivered to LRWRA in a sealed package. The outer packaging should be properly marked with the information listed below. If the packaging is not properly marked, it may be opened for bid identification purposes. RFP number Date and time of the RFP opening Vendor's name and return address Little Rock Water Reclamation Authority Contact Information LRWRA Buyer: Tiffany Bilon Direct Phone #: (501) 688-1459 Email Address: [email protected] LRWRA's Main #: (501) 376-2903 Website: www.lrwra.com Sign up to receive automated bid notifications. Vendors are encouraged to register and create a profile in the Little Rock Water Reclamation Authority (LRWRA) Vendor Portal. Registered vendors should receive email notifications when bid items are posted to the LRWRA website and when bid items are modified. The email notifications which a vendor receives are determined according to the categories/subcategories selected by the vendor. Information on how to register is located on the LRWRA website under the Business Center section at www.lrwra.com/business-center.

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Page 1: REQUEST FOR PROPOSAL - LRWRA · 2020. 8. 31. · Request for Proposal 20-013 Page 3 of 32 SECTION 1 – GENERAL INFORMATION Do not provide responses to items in this section unless

REQUEST FOR PROPOSAL

General Information

RFP Number: 20-013

Description: Janitorial Services for the Clearwater Maintenance Complex

Solicitation Issued: September 2, 2020

Submission Deadline for Response

RFP Opening Date: October 1, 2020 RFP Opening Time: 2:30 p.m., Central Time

Responses shall not be accepted after the designated RFP opening date and time. It is the responsibility of vendors to submit responses at the designated location on or before the RFP opening date and time. Responses received after the designated RFP opening date and time shall be considered late and shall be returned to the vendor without further review. It is not necessary to return "no bids" to LRWRA.

Delivery Information for Response

Delivery Address: Little Rock Water Reclamation Authority ATTN: Procurement Department 11 Clearwater Drive Little Rock, AR 72204 Delivery providers, USPS, UPS, and FedEx deliver mail to LRWRA's street address on a schedule determined by each individual provider. These providers will deliver to LRWRA based solely on the street address.

Note: Vendor(s) who choose to hand deliver a response, should take it to the receptionist desk in the Clearwater Administration Building which is located at 11 Clearwater Drive.

Response's Outer Packaging:

Vendor's response must be delivered to LRWRA in a sealed package. The outer packaging should be properly marked with the information listed below. If the packaging is not properly marked, it may be opened for bid identification purposes.

RFP number Date and time of the RFP opening Vendor's name and return address

Little Rock Water Reclamation Authority Contact Information

LRWRA Buyer: Tiffany Bilon Direct Phone #: (501) 688-1459

Email Address: [email protected] LRWRA's Main #: (501) 376-2903

Website: www.lrwra.com

Sign up to receive automated bid notifications. Vendors are encouraged to register and create a profile in the Little Rock Water Reclamation Authority (LRWRA) Vendor Portal. Registered vendors should receive email notifications when bid items are posted to the LRWRA website and when bid items are modified. The email notifications which a vendor receives are determined according to the categories/subcategories selected by the vendor. Information on how to register is located on the LRWRA website under the Business Center section at www.lrwra.com/business-center.

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Request for Proposal 20-013 Page 2 of 32

PROPOSAL SIGNATURE PAGE

Vendor’s Information Type or Print the following information

Company:

Address:

City: State: ZIP Code:

Business Designation:

☐ Individual ☐ Sole Proprietorship ☐ Public Service Corp

☐ Partnership ☐ Corporation ☐ Nonprofit

Minority Designation: See Minority Business Policy

☐ Not Applicable

☐ African American ☐ Hispanic American ☐ Pacific Islander American

☐ American Indian ☐ Asian American ☐ Service Disabled Veteran

AR Minority Certification #: Service Disabled Veteran Certification #:

Woman Owned Business:

☐ Yes, my company is a woman owned business

☐ Not Applicable Dun & Bradstreet #: DUNS #:

Vendor's Contact Information

Contact Person: Title:

Phone: Alternate Phone:

Email:

Conflict of Interest Disclosure

Vendor should indicate below whether or not any known possible conflicts of interest exist with Little Rock Water Reclamation Authority. (See Conflict of Interest Disclosure in Section 1.)

At the present time, and to the best of my knowledge, (vendor should select one of the following choices.)

☐ No known possible conflicts of interest exist.

☐ Yes, a possible conflict of interest exists.

If yes, vendor must provide an explanation.

Confirmation of Redacted Copy

☐ YES, a redacted copy of submission documents is enclosed.

☐ NO, a redacted copy of submission documents is not enclosed. I understand a full copy of non-redacted submission documents will be released if requested.

Note: If a redacted copy of the submission documents is not provided with vendor’s response packet, and neither box is checked, a copy of the non-redacted documents, with the exception of financial data (other than pricing), shall be released in response to any request made under the Arkansas Freedom of Information Act (FOIA). See Bid Solicitation for additional information.

Execution of Vendor Response

Vendor's signature below shall represent and warrant vendor's agreement to and compliance with all requirements, specifications, and terms and conditions within this solicitation. The undersigned official must be duly authorized to bind the vendor to a resultant contract. Signature must be in ink or by electronic signature. (See Proposal Signature Page in Section 1 of this solicitation).

Authorized Signature: Title:

Printed/Typed Name: Date:

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Request for Proposal 20-013 Page 3 of 32

SECTION 1 – GENERAL INFORMATION Do not provide responses to items in this section unless specifically and expressly required. 1.1 PURPOSE

This Request for Proposal (RFP) has been issued by Little Rock Water Reclamation Authority (LRWRA) to obtain proposals from qualified vendors to provide janitorial and related services at the Clearwater Maintenance Complex (CWM) at 5300 South Shackleford Road, Little Rock, Arkansas 72204. This building houses two different entities: LRWRA and Central Arkansas Water (CAW). Janitorial services will be provided for both entities.

Note: LRWRA shall not accept responses from vendors that have not returned a signed copy of the Mandatory Site Visit Video Request Form (Attachment B). Reference 1.6 Mandatory Site Visit Video for additional information.

1.2 TYPE OF CONTRACT

A term contract will be awarded to a single vendor. The initial term of this contract shall be for one (1) year. Upon mutual agreement by the vendor and LRWRA, the contract may be renewed by the LRWRA Procurement Department on a year-to-year basis, for up to six (6) additional one-year terms or a portion thereof. The total contract term shall not be more than seven (7) years.

1.3 ISSUING OFFICE

A. The LRWRA Procurement Department, as the issuing office, is the sole point of contact throughout this procurement process.

B. Vendor's questions regarding this solicitation should be made through the LRWRA buyer listed on page one (1)

of this solicitation. 1.4 OPENING LOCATION

Sealed responses submitted by the RFP opening time and date shall be opened at the following location:

Little Rock Water Reclamation Authority 11 Clearwater Drive Little Rock, AR 72204

Note: Due to the effects of COVID-19 and LRWRA’s dedication to the health and safety of all parties, vendors may

not attend the bid opening in person. A live, virtual bid opening will be conducted on the designated bid opening date and time for this solicitation. The link to access the virtual bid opening is available at https://www.lrwra.com/about-us/organization/boardroom/

1.5 CONE OF SILENCE

All communication(s) pertaining to this solicitation shall be directed to the LRWRA buyer listed on page one (1) of this solicitation, or his or her designee. LRWRA has imposed an absolute prohibition against any communication or contact ("Cone of Silence") with any other LRWRA personnel, LRWRA consultant, or Little Rock Water Reclamation Commission (LRWRC) member regarding this solicitation process. The prohibition begins with the publication of this solicitation document, remains in place through the LRWRA solicitation and award process, and ends only after LRWRA has executed a contract with the successful vendor. The prohibition is suspended only when the LRWRA Buyer, or his or her designee, initiates or consents to a meeting or communications for the purpose of clarifying a solicitation or another solicitation-related action. A violation of this policy may result in the disqualification of an offending vendor’s response.

1.6 MANDATORY SITE VISIT VIDEO A. All prospective bidders must request access to and view the mandatory site visit video in its entirety

prior to submission of a response. LRWRA strongly suggests

1. The Mandatory Site Visit Video be viewed in its entirety before written questions are due (see Clarification of RFP and Questions).

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2. To alleviate any potential problems vendor may have in accessing the video, vendor should submit

Attachment B requesting the video no later than 24 hours prior to bid opening.

B. Vendor must complete and return the Mandatory Site Visit Video Request Form (Attachment B) to LRWRA at [email protected].

C. Vendor's signature on the form shall represent and warrant vendor's agreement

to view the video in its entity prior to submission of response that the link or any information contained within will not be shared

D. Upon receiving the completed request form with vendor signature, LRWRA will forward information on how to

access the video to the email account that the vendor listed. Requestor must be the vendor's authorized representative and must be authorized to bind the vendor to a resultant contract.

E. A Mandatory Site Visit Video Request Form must be received prior to bid opening. If not received, vendor's

response shall be disqualified and shall not be considered. 1.7 CLARIFICATION OF RFP AND QUESTIONS

A. Vendors may submit written questions requesting clarification of information contained in this solicitation. Written questions should be submitted by 4:00 p.m., Central Time on Thursday, September 10, 2020. Submit written questions by email to the LRWRA buyer as shown on page one (1) of this solicitation.

1. For each question submitted, vendor should reference the specific solicitation item number to which the

question refers.

2. Vendors’ written questions will be consolidated and responded to by LRWRA. LRWRA's consolidated written response is anticipated to be posted to the LRWRA website by the close of business on Friday, September 18, 2020.

B. Vendors may contact the LRWRA Procurement Department with procurement-related questions at any time

prior to the RFP opening date and time. Answers to verbal questions may be given as a matter of courtesy and must be evaluated at vendor’s risk.

1.8 DEFINITION OF REQUIREMENT

A. The words “must” and “shall” signify a requirement of this solicitation and that vendor’s agreement to and compliance with that item is mandatory.

B. Exceptions taken to any requirement in this solicitation, whether submitted in the vendor’s proposal or in

subsequent correspondence, may cause the vendor’s proposal to be disqualified. C. Vendor may request exceptions to NON-mandatory items. Vendor should clearly explain the requested

exception and should reference the specific solicitation item number to which the exception applies.

1.9 DEFINITION OF TERMS A. LRWRA has made every effort to use industry-accepted terminology in this solicitation and will attempt to

further clarify any point of an item in question as indicated in Clarification of RFP and Questions. B. "Little Rock Water Reclamation Authority", "LRWRA", "agency", "the Utility", and the "the Authority" are used

synonymously in this document. C. The words “bidder” and “vendor” are used synonymously in this document. D. The terms “Request for Proposal”, “RFP”, and “solicitation” are used synonymously in this document.

E. The terms “bid”, “proposal”, "submission", and "response" are used synonymously in this document.

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1.10 RESPONSE DOCUMENTS

Each proposal should be prepared simply and economically, providing a straightforward and concise description of the vendor’s ability to meet the requirements of this RFQ. Emphasis should be on completeness, clarity of content, and responsiveness to the RFQ evaluation criteria.

A. Original Response

Vendor's original proposal (i.e., Technical Proposal and Official Bid Price Sheet), must be delivered to LRWRA in a sealed package on or before the established RFP opening date and time.

1. Technical Proposal

a. Vendor's proposal should be clearly marked “Original” and must include the following

Original signed Proposal Signature Page. (See Proposal Signature Page below.) Response to the Information for Evaluation section of this solicitation. Other documents and/or information as may be expressly required in this solicitation.

b. Vendor's proposal should include

a Table of Contents copies of SDS sheets evidence of insurance and fidelity bond

c. DO NOT include any other documents or ancillary information, such as a cover letter or promotional/marketing information.

d. DO NOT include the Official Bid Price Sheet and/or any pricing in sealed Technical Proposal.

2. Official Bid Price Sheet (See Pricing)

a. Vendor’s original Official Bid Price Sheet must be submitted in hard copy format.

b. Vendor should also submit one (1) electronic copy of the Official Bid Price Sheet, preferably on a flash drive. A CD will also be acceptable.

c. The Official Bid Price Sheet, including the hard copy and electronic copy, must be submitted in a

separately sealed envelope and should be clearly marked as “Pricing”. Vendor must not include any pricing in the hard copies or electronic copies of their Technical Proposal.

B. Additional Copies and Redacted Copy of the Technical Proposal

In addition to the original proposal, the following items should be submitted:

1. Additional copies of the Technical Proposal

a. Six (6) additional sealed complete hard copies (marked "COPY") of the Technical Proposal.

b. One (1) electronic copy of the Technical Proposal, preferably on a flash drive. CDs will also be acceptable.

c. All additional hard copies and electronic copies must be identical to the original hard copy. In case of a discrepancy, the original hard copy shall govern.

d. If LRWRA requests additional copies of the proposal, the copies must be delivered within twenty-four (24) hours of request.

2. One (1) redacted copy (marked “REDACTED”) of the original proposal, preferably on a flash drive. A CD

will also be acceptable. (See Proprietary Information.)

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1.11 ORGANIZATION OF RESPONSE DOCUMENTS

A. It is strongly recommended that vendors adhere to the following format and suggestions when preparing a response.

B. The original Technical Proposal and all copies should be indexed and tabbed, and should be arranged in the

following order:

completed and signed Proposal Signature Page evidence of insurance and fidelity bond other documents and/or information as may be expressly required in this solicitation. Label

documents and/or information to reference the solicitation item number. response to the Information for Evaluation section of this solicitation signed Addenda, if applicable copies of SDS sheets

C. Vendor’s pricing must be separately sealed from the Technical Proposal and should be clearly marked as

“Pricing”. (See Pricing.) 1.12 PROPOSAL SIGNATURE PAGE

A. An official authorized to bind the vendor(s) to a resultant contract must sign the Proposal Signature Page included in this solicitation. Signature must be in ink or by electronic signature.

B. Vendor’s signature on Proposal Signature Page shall represent and warrant vendor’s agreement that either of

the following may cause the vendor’s proposal to be disqualified:

1. Additional terms or conditions submitted intentionally or inadvertently.

2. Any exception that conflicts with a requirement of this solicitation.

C. Vendor's signature on the Proposal Signature Page shall represent and warrant the following:

1. Vendor has completely reviewed this solicitation and any addenda.

2. Vendor's agreement to and compliance with all requirements, specifications, and terms and conditions within this solicitation. (See Definition of Requirement.)

3. Vendor's agreement to and compliance with all laws relating to State and Federal Equal Opportunity and

Non-Discrimination requirements and conditions of employment, in addition to all federal, State, and local laws.

4. Vendor has provided information in response to this solicitation that is both accurate and true.

1.13 PRICING

A. Vendor must include all pricing on the Official Bid Price Sheet(s) only. Any cost not identified by the successful vendor but subsequently incurred in order to achieve successful operation shall be borne by the vendor. The Official Bid Price Sheet is provided as a separate excel file posted with this solicitation.

B. The Official Bid Price Sheet, including the hard copy and electronic copy, must be submitted in a separately

sealed envelope and should be clearly marked as “Pricing”. DO NOT submit any ancillary information not related to actual pricing in the sealed pricing package.

C. Vendor must not include any pricing in the hard copies or electronic copies of their Technical Proposal.

Should hard copies or electronic copies of their Technical Proposal contain any pricing, the proposal shall be disqualified.

D. All pricing must be in ink or typewritten. Mistakes may be crossed out and corrections inserted adjacent

thereto. Corrections should be initialed in ink by the person signing the proposal.

E. To allow sufficient time for LRWRA to issue an award, vendor’s bid pricing must be valid for 120 days following bid opening.

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F. Failure to complete and submit the Official Bid Price Sheet shall result in disqualification.

G. All proposal pricing must be in United States dollars and cents.

H. The Official Bid Price Sheet may be reproduced as needed.

1.14 PRICE CHANGE CLAUSE Price increases will be considered on an annual basis. The vendor must provide written documentation to LRWRA to support the requested price increases. LRWRA shall have the right to require additional information pertaining to the requested increase. Increases shall not be considered to increase profit or margins. LRWRA shall have the right to approve or deny the request.

1.15 NONCOLLUSION Vendor shall represent and warrant that in connection to a response to this solicitation:

A. The vendor has not been a party to any collusion among vendor(s) in the restraint of freedom of competition by

agreement to bid at a fixed price or to refrain from bidding.

B. The vendor has not been a party to any collusion with any official or employee of LRWRA as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract.

C. The vendor has not been a party in any discussion between bidders and any official of LRWRA concerning

exchange of money or other things of value for special consideration in the letting of a contract. 1.16 CONFLICT OF INTEREST DISCLOSURE

A. Vendor should complete the Conflict of Interest Disclosure section on the Proposal Signature Page of this solicitation.

B. Vendor must disclose all known possible conflicts of interest, which exist at the time of vendor's response

submission. Conflicts of interest include, but are not limited to the following:

1. Relationships between vendor's employees, principals, officers, and agents and the employees of LRWRA.

2. Relationships between vendor's employees, principals, officers, and agents and the LRWRC.

3. Those resulting from material adverse matters, as distinguished from the conduct of business as usual.

C. Vendor's failure to disclose such a relationship may result in one of the following:

1. LRWRA's rejection of vendor's proposal.

2. LRWRA's cancellation of any resultant contract.

1.17 PRIME CONTRACTOR RESPONSIBILITY

A. A joint response submitted by two or more vendors is acceptable. However, a single vendor must be identified as the prime contractor.

B. The prime contractor shall be held responsible for the contract and shall be the sole point of contact.

C. The prime contractor shall give LRWRA immediate notice, in writing, by certified mail of any action which, in

the opinion of the contractor, may result in litigation related in any way to this contract or LRWRA. 1.18 PROPRIETARY INFORMATION

A. Response documents pertaining to this solicitation will become the property of LRWRA and shall be subject to the Arkansas Freedom of Information Act (FOIA).

B. One (1) complete copy of the submission documents from which any proprietary and/or confidential information

has been redacted should be submitted on a flash drive in the vendor's response. A CD is also acceptable.

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Request for Proposal 20-013 Page 8 of 32

C. Except for the redacted information, the redacted copy must be identical to the original hard copy, reflecting the

same pagination as the original and showing the space from which information was redacted.

D. The vendor shall be responsible for identifying all proprietary information and for ensuring the electronic copy is protected against restoration of redacted data.

E. The redacted copy shall be open to public inspection under the Arkansas Freedom of Information Act (FOIA)

without further notice to the vendor.

F. If a redacted copy of the submission documents is not provided with vendor’s proposal, a copy of the non-redacted documents, with the exception of financial data (other than pricing), shall be released in response to any request made under the Arkansas Freedom of Information Act (FOIA).

G. If LRWRA deems redacted information to be subject to FOIA, the vendor will be contacted prior to release of the documents.

1.19 ISRAEL BOYCOTT NOTICE

A. Pursuant to Arkansas Code Annotated § 25-1-503, a public entity shall not enter into a contract valued at $1,000 or greater with a company unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.

B. Vendor's signature on the Bid Signature Page shall represent and warrant they do not boycott Israel and will

not boycott Israel during the remaining aggregate term of the contract.

1.20 REQUIREMENT OF ADDENDUM A. This solicitation shall be modified only by an addendum written and authorized by LRWRA.

B. The vendor shall be responsible for checking the Business Center Section of the LRWRA website at

www.lrwra.com/business-center and all addenda up to the established RFP opening date and time. 1.21 AWARD PROCESS

A. Successful Vendor Selection

The Grand Total Score for each vendor, which shall be a sum of the technical score and cost score, shall be used to determine the ranking of vendors. The score for a vendor’s Technical Proposal (“technical score”) shall be determined by the total score received in evaluation (see Section 5). The score for a vendor’s pricing (“cost score”) shall be determined as stated in Section 5. The highest-ranking vendor shall move forward to the next step in the solicitation process.

B. Negotiations

1. LRWRA will enter pricing negotiations with the highest-ranking vendor after completion of the evaluation

process.

2. If LRWRA so chooses, it shall also have the right to enter discussions with the highest-ranking vendor to further define contract details. All negotiations shall be conducted at the sole discretion of LRWRA. LRWRA shall solely determine the items to be negotiated.

3. If LRWRA and vendor cannot reach an agreement regarding contractual matters, including pricing, LRWRA shall declare the vendor as non-responsive and will begin the negotiation process with the next highest-ranking vendor. The negotiation process will be repeated until an anticipated successful vendor has been determined, or until such time LRWRA decides not to move forward with an award.

C. Little Rock Water Reclamation Commission and Central Arkansas Water Board of Commissioners Approval

Any resultant contract of this solicitation shall be subject to LRWRA’s and CAW’s approval processes which may include Commission review and approval.

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D. Issuance of a Contract

1. An LRWRA Procurement Official, with approval by the LRWRC, shall be responsible for award and

administration of any resulting contract.

2. A contract shall not be effective prior to award being made by a LRWRA Procurement Official. 1.22 CAUTION TO VENDORS

A. Vendor must not alter any language in any solicitation document provided by LRWRA.

B. All official documents and correspondence related to this solicitation shall be included as part of the resultant contract.

C. Proposals must be submitted only in the English language.

D. LRWRA shall have the right to award or not award a contract, if it is in the best interest of LRWRA to do so.

E. LRWRA shall have the right to accept or reject all or any part of a response, if it is in the best interest of

LRWRA to do so.

F. Vendor must provide clarification of any information in their response documents as requested by LRWRA.

G. Vendor's qualifications must meet or exceed those set forth in this solicitation.

H. Equipment and/or services provided by the successful vendor must meet or exceed requirements as set forth in this solicitation and/or as negotiated between the vendor and LRWRA.

I. Vendor may withdraw their response. To withdraw a response, vendor must provide a written request to the

LRWRA Procurement Department.

J. Reference to handbooks or other technical materials as part of a response must not constitute the entire response, and vendor must identify the specific page and paragraph being referenced.

1.23 PAST PERFORMANCE

A vendor's past performance with LRWRA or CAW may be used to determine if the vendor is “responsible”. Proposals submitted by vendors determined to be non-responsible shall be disqualified.

1.24 PUBLICITY Vendor shall not issue a news release or article pertaining to this solicitation or any portion of the project, in any medium, at any time during the pendency of the solicitation or fulfillment of the terms of this contract without LRWRA’s prior written approval. Vendor’s failure to comply with this requirement may be cause for LRWRA’s rejection of vendor’s response or LRWRA’s cancellation of this contract.

1.25 RESERVATION

This solicitation does not commit LRWRA to issue an award or contract for services. LRWRA shall not pay costs incurred in the preparation of a response.

1.26 SUBCONTRACTORS Subcontractors shall not be allowed to perform work under the scope of this contract.

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SECTION 2 – SCOPE OF WORK

Do not provide responses to items in this section unless specifically and expressly required.

2.1 SCOPE OF WORK A. Unless otherwise specified herein, the vendor shall provide all labor, supervision, training, tools, cleaning

agents, equipment, supplies, and any other items and/or services necessary to perform the required janitorial services under the scope of this contract.

B. Vendor's cleaning methods should emphasize the removal of pollutants, maximize cleanliness, and maintain a

safe and healthy environment while minimizing the amount of product used and the amount of waste that is created.

C. Vendor must meet or exceed all requirements and specifications as set forth in this solicitation. LRWRA shall

have the right to amend specifications and requirements, and to add or remove any services offered by the vendor under the scope of this contract, based on revisions in federal, state, and/or local regulations, or as determined to be in the best interest of LRWRA. Vendor and LRWRA shall come to a written agreement regarding negotiated cost for such changes.

D. Vendor shall employ the quantity and quality of supervision necessary for effective and efficient management

of the services required under the scope of this contract.

E. LRWRA shall have the right to require the vendor to repeat service(s), at no additional cost to LRWRA, in any area showing poor quality work, as determined by LRWRA. LRWRA shall have the final determination as to the acceptability of services.

F. LRWRA shall have the right to assess damages and/or terminate the contract if services repeatedly fall below

required standards and requirements as stated herein. Damages shall be deducted from the payment for services.

G. LRWRA shall have the right to require the vendor to remove the account representative assigned to LRWRA

and/or a specific employee(s) from performing services under this contract. Vendor must replace account representative and/or employee(s) as directed by LRWRA.

H. Should vendor be unable or unwilling to complete services as required herein, LRWRA shall have the right to

have LRWRA employees perform the services or to employ a different vendor to perform said services on a temporary basis, if it is in the best interest of LRWRA to do so. Vendor shall not be compensated for services provided by LRWRA's employees or a different vendor.

2.2 BUILDING INFORMATION

A. The information provided below is not all inclusive and is for a workload estimate only. It does not relieve the vendor from the responsibility of conducting their own measurements and assessments. The square footage is from wall to wall and does not account for interior walls, obstructions, or other areas that cannot be cleaned.

B. The number and types of rooms may change throughout the term of this contract. LRWRA will provide

written notification to the vendor of any changes. Vendor and LRWRA shall come to a written agreement on negotiated cost for the change(s).

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C. LRWRA Information

1. The square footage included in the table below and on the Official Bid Price Sheet is reflective of

LRWRA and CAW sharing the training room and the lobby/reception area. Each agency is responsible for one-half of the cost of janitorial services for these areas. The square footage for these rooms has been divided equally between LRWRA and CAW.

LRWRA General Information Types of Surfaces

Approximate Square Footage (sq. ft.) o Overall – 10,400 sq. ft. o Area to be cleaned – 10,400 sq. ft.

Offices o Staff o Dispatch o Storeroom o Shop

Kitchen/Breakroom Areas

Lobby/Reception Area

Training Room

Meeting/Conference Room

Restrooms/Shower & Locker Areas

Map Room

Patio (1)

Hallways

Shop Area

Laminate

Wood

Carpet

Ceramic Tile

Vinyl

Stainless Steel

Glass

Plastic

Upholstery Fabric Common Areas Defined

Hallways

Copy/Work Rooms

Kitchen Area

Shipping/Receiving Area

Training Room

Entryways

Lobby/Reception Area

Stairway

2. The following table contains a list of floor types in the LRWRA area to be cleaned under the scope of this

contract. The room numbers and types of flooring may change throughout the term of this contract. LRWRA will provide written notification to the vendor of any changes.

Ceramic Tile Concrete

Entryways

Hallways

Kitchen/Breakroom

Offices

Storeroom Offices

Shop Offices

Shop Sink Area

Vinyl Composition Tile (VCT) Carpet

Offices Lobby/Reception Area

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D. CAW Information

1. The square footage included in the table below and on the Official Bid Price Sheet is reflective of

LRWRA and CAW sharing the training room and the lobby/ Reception area. Each agency is responsible for one-half of the cost of janitorial services for these areas. The square footage (sq. ft.) for these rooms has been divided equally between LRWRA and CAW.

CAW General Information Types of Surfaces

Approximate Square Footage (sq. ft.) o Overall – 8,394 sq. ft. o Area to be cleaned – 8,394 sq .ft.

Offices o Director/Manager o Environmental Health & Safety (EHS) o Zones 2, 3, 5, 6, & 7 o Foreman o Dispatch o Large Shared ("Foremen Room")

Kitchen/Breakroom Areas

Lobby/ Reception Area

Training Room

Meeting Room

Restrooms/Shower & Locker Areas

Copy/Work Rooms

Patio (1) – waste receptacle only

Hallways

Laminate

Wood

Concrete

Carpet

Ceramic Tile

Vinyl Tile

Stainless Steel

Glass

Plastic

Upholstery Fabric Common Areas Defined

Hallways

Stairway

Copy/Work Rooms

Kitchen Areas

Training Room

Meeting Room

Lobby/Reception Area

2. The following table contains a list to be cleaned under the scope of this contract. The room numbers and

types of flooring may change throughout the term of this contract. LRWRA will provide written notification to the vendor of any changes.

Ceramic Tile Concrete

Restrooms

Training Room

Meter Shop

Vinyl Composition Tile (VCT) Carpet

Offices

Hallways

Meeting Room

Kitchen/Break Room Area

Dispatch

Lobby/Reception Area

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2.3 SCHEDULE OF SERVICES

The janitorial services required under the scope of this contract shall be performed five (5) days per week (Monday through Friday). Reference Attachment A for task list and frequency schedule.

A. Business Days

LRWRA's and CAW's business days (e.g., workdays) are defined as Monday through Friday, excluding LRWRA and CAW observed state holidays.

B. Office Hours

1. LRWRA Office hours for the LRWRA side of the building are 6:00 a.m. – 5:30 p.m. Central Time, Monday through Friday. Unless otherwise notified, janitorial staff should not enter building to clean prior to 5:30 p.m. due to LRWRA's employee shift change.

2. CAW

Office hours for the CAW side of the building are 6:00 a.m. – 5:30 p.m. Central Time, Monday through Friday.

2.4 MINIMUM VENDOR QUALIFICATIONS A. Vendor must have substantial experience providing janitorial services similar in size and scope to those

described herein. At a minimum, vendor should have five (5) years of experience providing these services.

B. Vendor must have all insurance and bonds as required herein.

C. 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.

2.5 INSURANCE AND FIDELITY BOND REQUIREMENTS

A. Prior to award and any subsequent renewal period, vendor must furnish LRWRA with proof of insurance coverage as specified below; and covenants to keep this insurance in force for the duration of work done under this contract.

General Liability/Commercial General Liability Each Occurrence $1,000,000 Medical Expense (Any One Person) $5,000 Personal & Adv. Injury $1,000,000 General Aggregate $2,000,000 Products-Comp/Op Aggregate $2,000,000 Fire Damage Legal Liability $100,000 Automobile Liability Automobile Liability (Combined Single Limit) $1,000,000 Worker’s Compensation/Employer’s Liability E. L. Each Accident $100,000 E. L. Disease-Each Employee $100,000 E. L. Disease-Policy Limit $500,000

B. Vendor must have a business services (fidelity) bond at a minimum of $10,000 to cover employee’s fraudulent

or dishonest acts. Prior to award, and any subsequent renewal period, vendor must provide LRWRA with a copy of the fidelity bond which includes the policy number. The bond must be in effect for the duration of the contract.

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2.6 CRIMINAL BACKGROUND CHECKS

A. Prior to award, any subsequent renewal, and as required by LRWRA, the apparent successful vendor must provide, at no cost to LRWRA, Arkansas State Police (ASP) certified background reports for the following.

1. Prospective vendor and company official.

2. All vendor employees who will be providing services at the CWM Complex under the scope of this contract.

a. Throughout the term of this contract, background reports must be provided by the vendor to LRWRA and approved by LRWRA for all employees prior to placement in the building. This shall include employees who are providing infrequent tasks (e.g., monthly, semi-annually, or annually).

b. The vendor shall notify LRWRA prior to any changes or substitution of any employees assigned to the

building locations.

c. LRWRA shall have the right to determine if a vendor's employee passes or fails the criminal background check based on the results of the check. If the individual fails, they shall not be allowed to work or visit the building in performance of any contractual duties or responsibilities.

B. The background report must include a criminal record check that includes a felony or misdemeanor involving

terrorist behavior, violence, use of a dangerous weapon, or breach of trust/fiduciary responsibility or which raises concerns about building, system, or personal security or is otherwise a job-related crime. If such a check reveals any of the foregoing, the vendor shall not assign the covered individual to any LRWRA or CAW facility.

C. Online background reports shall not be accepted.

D. Background reports must be current, that is dated and received by LRWRA within (72) hours of being sent by the Arkansas State Police (ASP). Background reports which are not current shall not be considered.

E. LRWRA shall have the right to require, at no cost to the utility, additional background checks of any employee

at any time during the initial or any subsequent terms of the contract should good cause exist and can be provided to the vendor. LRWRA shall have sole authority to determine good cause.

2.7 PROBATIONARY PERIOD

A. Vendor must complete a 90-day probationary period in which the vendor must demonstrate the ability to successfully complete the requirements as specified herein. The probationary period shall begin on the first day of the initial contract term.

B. If at any time during the probationary period, the vendor is unable to demonstrate their ability to successfully

complete the required services, LRWRA shall have the right to determine the vendor as non-responsible and to terminate the contract. In that event, LRWRA shall have the right to begin cost negotiations with the next highest-ranked vendor or to issue a new solicitation, if in the best interest of LRWRA and CAW to do so. If a contract is awarded to the next highest-ranked vendor, that vendor shall also be required to complete a 90-day probationary period.

C. Successful completion of the probationary period does not alleviate vendor's responsibility to successfully

perform services throughout the term of this contract. LRWRA shall have the right to terminate a contract should vendor's performance continually fall below acceptable standards at any time during the term of this contract.

2.8 ACCOUNT REPRESENTATIVE

A. Vendor must assign an account representative to this account. This representative shall be the main point of contact for LRWRA and CAW and must have the authority to act on behalf of the vendor. The representative must be knowledgeable about required services and best practices on how to execute those services. Upon award of contract, vendor must provide LRWRA with the name, phone number, and email for the account representative.

B. In the event the account representative is unavailable, an alternate employee must be assigned and LRWRA

must be provided with his/her contact information.

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C. Account representative(s) must be fluent in the English language and must be able to communicate effectively

with LRWRA.

D. The account representative(s) must respond to all inquiries made by LRWRA by the next business day.

2.9 VENDOR'S EMPLOYEES A. Vendor must maintain an adequate number of employees capable of performing the janitorial services as

required herein.

B. Vendor shall be responsible for ensuring employees are properly trained.

C. Vendor's employees must always be professional and courteous and must be respectful of LRWRA and CAW employees while services are being performed.

D. Vendor must ensure employees are appropriately dressed for the work being performed.

E. Vendor's employees that appear to be under the influence of alcohol or drugs shall not be permitted into the

building.

F. Loud or boisterous conduct shall not be allowed.

G. Vendor's employees must adhere to the following Do not open cabinet doors, drawers, or refrigerators in the kitchen areas Do not open drawers and doors of furniture in offices and training/meeting rooms Do not disturb papers on desks or tables in offices and training/meeting rooms Do not tamper with employee's personal property Do not tamper with or use office machines or any other LRWRA and CAW equipment Do not use LRWRA and CAW telephones for personal use

Note: Vendor's employees may use agency telephones only for work related issues pertaining to services

performed under the scope of this contract or in the case of an emergency. Unauthorized use is subject to reimbursement to LRWRA or CAW.

2.10 EQUIPMENT, TOOLS AND SUPPLIES

Unless otherwise specified herein, vendor shall supply all items, materials, and equipment needed to fulfill contract requirements. A. Prior to use the vendor must obtain LRWRA approval for supplies, including but not limited to the following.

Toilet Paper Toilet Seat Covers Paper Towels Soap Trash Liners Air Freshener

B. Any requested changes in LRWRA approved items must be submitted to LRWRA in writing for approval prior to implementation. LRWRA shall have the right to require additional information and/or samples pertaining to the requested change. LRWRA shall have the right to approve or deny the request.

C. Supplies must be properly labeled.

D. Adequate quantities must always be on hand to perform janitorial services. Janitorial staff should anticipate

needs for janitorial supplies and ensure ample supplies are on hand to be able to complete required tasks.

E. Vendor must use appropriate products as required for specific floor types and surfaces.

F. Spray bottles and containers must be properly labeled as to the contents within.

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G. All cleaning agents, chemicals, and equipment must be used in compliance with the manufacturer’s instructions for the intended surface and use.

H. Cleaning agents, chemicals, and methods must not damage surfaces, flooring, furniture, etc. Cleaning agents

must not leave behind residue.

I. All equipment provided by the vendor must be used in a safe manner and in the manner for which it was

intended by the manufacturer.

J. All equipment should be in good operating condition. Vendor shall be responsible for all repairs and upkeep

for vendor owned equipment, tools, etc.

K. Vendor’s equipment must be maintained in the manner recommended by the manufacturer to assure

maximum effectiveness in reducing the introduction of dust and microbes into the air.

2.11 SECURITY AND ACCESS TO BUILDING

A. General Information 1. The vendor must ensure that unauthorized use of security badges, keys, and alarm code is prevented.

2. The badge(s) and key(s) shall remain the property LRWRA and CAW and must be returned to agencies

upon termination of contract.

3. Vendor's authorized representative must sign for the security badges, keys, and/or alarm code.

4. Vendor must immediately contact the LRWRA Procurement Department to report if a security badge or key is lost. Vendor must provide information as to which item(s) have been lost.

5. LRWRA and CAW will issue a new security badge and/or key as quickly as possible.

6. A fee of fifty dollars ($50.00) may be assessed for each lost badge or key.

7. Persons other than vendor’s employees shall not be allowed to accompany an employee while services are being performed.

8. Additional security measures may be required by LRWRA or CAW during the term of the contract. If required, vendor must comply with all additional reasonable security measures.

B. Security Badges

1. LRWRA will provide the vendor up to three (3) security badges.

2. CAW will provide the vendor security badges as requested.

3. Vendor's employees must always keep LRWRA and CAW issued security badges on their person while at

the CWM Complex. This is to help alleviate employees from being locked out of the building or locking the security badge in an office.

4. If the vendor's employees are locked out of the building or an office due to misplacement or loss of a

badge and/or key, the vendor must be available to assist employees.

C. Security Alarms

1. LRWRA will provide a code to arm/disarm the security alarms.

2. CAW vendor security badges will serve as the code to arm/disarm the security alarms.

3. Vendor’s employees must activate the alarm prior to leaving the building after completion of work.

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4. Vendor’s employees must confirm no LRWRA or CAW employees are in the building before setting alarm.

Should a LRWRA or CAW employee be in the building, vendor’s employees

a. must notify the employee of their departure

b. must confirm which exit will be used by the employee upon departure and must lock all other exterior doors

c. should request that the LRWRA and/or CAW employee arm the security alarm

D. Issues with Alarms and/or Securing Doors

1. LRWRA Side: Vendor should immediately notify LRWRA Safety or his/her designee should the alarm not

set, or if the doors will not lock.

2. CAW Side: Vendor should immediately notify CAW designee listed on the “on call list” that will be provided to vendor weekly by CAW should the alarm not set, or if the doors will not lock.

E. Secured Exterior Doors

1. Exterior doors must be kept locked at all times. Vendor’s employees shall not violate building security by

propping exterior doors open and leaving them unattended.

2. Exterior doors must be key locked when employees have completed work for the day and leave the premises.

F. LRWRA's Interior Doors

1. Vendor's employees MUST NOT lock the shop's office door.

2. Vendor's employees MUST NOT lock interior office doors on the LRWRA side

G. Entry into CAW Side

1. Vendor’s employees must use the last door at the far northwest end of the CAW side to enter and exit.

2. Vendor’s employees must not use the training room to access the CAW or LRWRA side of the building.

3. Vendor’s employees must leave the side of the building they have finished cleaning, walk outside, and

enter the other side of the building through the designated door.

2.12 STATE HOLIDAYS LRWRA and CAW observe the following state holidays. Offices at the CWM Complex are closed on these days and janitorial services are not required.

New Year’s Day Martin Luther King Day President’s Day Memorial Day Independence Day

Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day

2.13 INCLEMENT WEATHER

LRWRA and CAW offices follow the State of Arkansas's inclement weather policy. If LRWRA and CAW offices are closed due to inclement weather conditions, janitorial services shall not be required.

Note: LRWRA and CAW do NOT follow the local school district regarding closing of offices.

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2.14 SAFETY REQUIREMENTS

A. Vendor shall retain sole responsibility for the safety of their employees.

1. Vendor must assume responsibility for every aspect of health and safety on the jobsite, including the health and safety of suppliers, and other persons on the jobsite in accordance with Occupational Safety and Health Administration (OSHA) guidelines.

2. Vendor must immediately notify and transmit to LRWRA copies of reports and other documents related to

accidents or injuries encountered performing the services as required under the scope of this contract.

B. Vendor’s employees must use appropriate safety measures while performing services.

C. Vendor must comply with all state, local, and federal health and safety regulations pertaining to the work being performed. Vendor’s non-compliance with these regulations and guidelines may result in the assessment of damages and/or the termination of contract if it is in the best interest of LRWRA and CAW to do so.

D. The vendor shall provide a 24-hour emergency telephone number to LRWRA prior to contract award.

E. Safety Data Sheets (SDS)

1. Prior to award and any subsequent renewal period, vendor must provide LRWRA with a written list of all

cleaning agents with attached Safety Data Sheets (SDS) intended for use in the building.

2. The vendor must provide and maintain one (1) SDS binder, which contains a copy of each SDS. The binder must be readily accessible to the janitorial staff and supervisor.

F. Safety Training

Vendor shall be responsible for instructing employee(s) on the appropriate safety measures that must be used while performing services under the scope of this contract.

G. Safety Equipment and Supplies

1. Vendor shall provide personal safety equipment and supplies to all employees providing services under

the scope of this contract as normally found in best practice for these types of services. These shall be provided to employees at no cost to LRWRA. LRWRA shall have the right to require vendor's employees to wear additional safety equipment while performing service in any area.

2. All required safety equipment must meet American National Standards Institute (ANSI) standards.

2.15 PROPERTY DAMAGE AND LOSS

A. Vendor and vendor’s employee(s) shall perform services in such a manner so that damage is not caused to property belonging to LRWRA, CAW, their employees, their guests, and/or to surrounding businesses and areas.

B. Vendor shall notify the LRWRA Facilities Maintenance Supervisor or his/her designee of any damage detected

or caused by vendor, vendor’s employee(s), or equipment as follows:

1. Emergency Vendor must immediately notify LRWRA or CAW accordingly of any damage that may be considered an emergency (e.g., burst pipes, broken windows, broken/damaged locks to exterior doors, non-working gates, water leaks, gas leaks, etc.).

2. Non-Emergency

Vendor must notify LRWRA or CAW accordingly of any non-emergency damage to LRWRA or CAW and/or LRWRA or CAW employee's property no later than the beginning of the next business day.

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C. Vendor shall be held responsible for any loss or damage caused by vendor’s employee(s) and/or equipment to

LRWRA and/or CAW property, vehicles, or other property belonging to their employees, their guests, neighboring businesses and/or surrounding areas. Vendor may be required to replace or repair damages to property, equipment and/or structures, and/or to pay damages to LRWRA and/or CAW, their employees, their guests, and/or neighboring businesses.

1. Should vendor, vendor’s employees and/or equipment cause damage to property, LRWRA will provide

written notification to the vendor including a description of damages, required solution, and timeline for completion. LRWRA and/or CAW shall be the sole determining source in determining the severity of damage and required solution.

2. Vendor must correct the situation within 10 days of notice or as required in LRWRA’s written notice to

vendor. Vendor and LRWRA shall work together to determine the best course of action, with the final determination being LRWRA.

D. Vendor shall take all precautions necessary to prevent the unauthorized use or pilferage of materials, tools,

equipment, fixtures, furnishings, and any other items from the building including, but not limited to, offices and common areas.

E. LRWRA shall have the right to terminate this contract, if in the best interest of LRWRA to do so, should the vendor refuse to correct the situation.

2.16 RECYCLING PROGRAM

A. LRWRA and CAW have a recycling policy for employees. Currently, LRWRA and CAW employees are responsible for emptying all recycle receptacles. This includes the containers under an employee’s desk, as well as the larger containers in hallways and other common areas.

B. LRWRA shall have the right to add this requirement under the scope of this contract if in the best interest of

LRWRA and CAW. LRWRA and vendor shall negotiate cost and come to a written agreement at the time if this service is added.

C. Vendor shall ensure that waste is not placed in the recycle dumpster.

D. Plastic bags, trash liners, and non-recyclable waste shall not be placed in the recycle receptacles or recycle

dumpster.

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SECTION 3 – GENERAL CLEANING STANDARDS Do not provide responses to items in this section unless specifically and expressly required. 3.1 CLEANING STANDARDS

A. All tasks must meet or exceed the cleaning standards as set forth herein and shall be performed in a skillful and workmanlike manner using industry best practices to provide quality, uniformed, and professional results. This shall include well maintained equipment.

B. Vendor must use the appropriate cleaning agents and techniques for all surfaces.

C. Rooms and offices may have different requirements. Certain areas will require more extensive cleaning.

D. Only those lights necessary for cleaning in the immediate areas where employees are working should be on. Lights must be turned off before leaving offices/rooms that have been cleaned and before vacating the building.

E. Unless otherwise expressed in this document, the janitorial task list and frequency schedule is included in Attachment A. LRWRA shall have the right to amend the tasks and frequency schedule as necessary and in the best interest of LRWRA. The vendor and LRWRA shall come to a written agreement regarding any changes and negotiated cost.

3.2 DEEP CLEANING A. Initial Deep Cleaning

Vendor must complete an initial deep cleaning of the building within the first two weeks of the initial contract term. The initial deep cleaning shall include all daily, weekly, and monthly tasks. All cleaning standards as set forth in this solicitation must be met.

B. Additional Deep Cleaning Services LRWRA shall have the right to require deep cleaning services to be performed in any room and/or office in the Clearwater Maintenance Complex throughout the term of this contract on an as needed basis. Specific requirements may vary according to the room or office and will be provided to the vendor at the time services are required. LRWRA and the vendor shall negotiate cost and come to a written agreement for such services.

3.3 DOORS A. Doors, including door handles, push bars/plates, and kick plates, must be cleaned and disinfected with

germicidal cleaner in such a way that no dust, debris, spots, marks, or streaks remain.

B. Glass doors in lobby/reception area, kitchen area, etc. must be cleaned in such a way that no dust, debris, spots, marks, or streaks remain on the glass, handles, and push bars/plates.

C. Glass windows in wooden doors and all exterior doors must be cleaned in such a way that no dust, debris,

spots, marks, or streaks remain on the glass.

3.4 DUSTING A. Certain areas, as indicated in Attachment A, shall require dusting. Decorations in those areas must also be

dusted. Decorations shall include picture frames, clocks, plaques, lamps, light fixtures (excluding fluorescent light fixtures in ceiling, ceiling fans), etc. Dusting must be completed in such way that no dust, dirt, debris or streaks remain, and that scattering of dust, dirt, debris does not occur.

B. Oil treatment shall not be permitted.

C. Feather dusters and brushes must not be used.

D. Janitorial staff shall not dust or otherwise clean television screens, computer monitors, or other electronics.

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3.5 FLOORS, MATS AND BASEBOARDS

A. Floors and baseboards must be cleaned so that no dust, dirt, debris, black marks, tar, stains, gum, or streaks remain on floors, in corners, behind doors or under furniture and equipment. Additional standards for wet mopping, spot cleaning, scrubbing, and disinfecting of non-carpeted floors are listed herein. Special attention must be paid to corners and crevices to ensure all dust and debris have been removed.

B. All floor mats must be cleaned so that no dust, dirt, or debris remain on the mats. All floor mats must be

moved to clean the area below the mat and then returned to the original location.

C. All furniture and equipment must be returned to the original position after cleaning the area.

D. Wet Mopping, Spot Cleaning, Scrubbing, Disinfecting (non-carpeted floors)

1. Mopping must be done with a germicidal/detergent solution. Cleaning solutions must be used in accordance with manufacturer’s directions.

2. Floors must be free from soap film, mop streaks, and sticky residue after cleaning.

3. Mopping and cleaning services shall be provided in such way to prevent the following

water seepage under baseboards bumping baseboards and corners of furniture splashing water on baseboards and furniture

4. Hosing of floors shall not be permitted.

3.6 KITCHEN/BREAKROOM AREAS

A. Kitchen area/breakroom must be cleaned using a germicidal cleaner.

B. Exterior of appliances shall be cleaned and disinfected in such a way that no dust, dirt, debris, spots, marks, streaks, residue, and food particles remain.

C. Counters, tables, cabinet doors, and first aid cabinet shall be cleaned and disinfected with germicidal cleaner in

such a way that no dust, debris, spots, marks, or streaks remain.

D. Sinks must be cleaned and disinfected with germicidal cleaner in such a way that dust, dirt, debris, marks, food particles, streaks, spots, residue, and stains are removed.

E. All soap dispensers and all paper towel dispensers must be cleaned and refilled daily.

F. An extra supply of paper towels must be left in the designated area.

3.7 LOBBY/RECEPTION AREA

LRWRA and CAW share a centrally located lobby/reception area. The lobby/reception area shall be cleaned and disinfected with germicidal cleaner in such way that no dust, dirt, debris, stains, or streaks remain. See Attachment A for task list and frequency schedule.

3.8 MIRRORS Mirrors must be cleaned in such a way that no dust, dirt, debris, marks, or streaks remain and must be cleaned, disinfected and dried. Framed mirrors shall be cleaned in such a way to maintain the integrity of the frame.

3.9 RESTROOMS

A. Restrooms shall be cleaned and disinfected with germicidal cleaner in such way that no dust, dirt, debris, stains, or streaks remain and to prevent odors and mold growth.

B. The following must be checked and refilled daily

toilet paper dispensers paper towels dispensers soap dispensers

seat cover dispensers, refill as needed

air freshener

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C. An extra supply of toilet paper and paper towels must be left in the designated areas in each bathroom.

Vendor must replace toilet paper rolls on dispensers daily. Partial rolls should be placed directly on top of new roll.

D. Vendor must use system for differentiating brushes, sponges, and cloths used to clean restrooms. These items must not be used to clean other areas of the building.

3.10 SHOP AREA

The shop area in both LRWRA and CAW sides of the building shall be cleaned and disinfected with germicidal cleaner in such a way that no dust, dirt, debris, stains, or streaks remain.

3.11 TRAINING ROOM

A. LRWRA and CAW share a centrally located training room. The training room shall be cleaned and disinfected with germicidal cleaner in such way that no dust, dirt, debris, stains, or streaks remain.

B. Tables and chairs must not be rearranged. If janitorial staff needs to move furniture to clean the floors, all

furniture must be replaced in original location immediately after cleaning.

3.12 WALLS A. Walls shall be cleaned and disinfected with germicidal cleaner in such way that no dust, dirt, debris, stains, or

streaks remain

B. Switch plates and wall plate outlet covers shall be cleaned and disinfected with germicidal cleaner in such way that no dust, dirt, debris, stains, or streaks remain.

3.13 WASTE AND WASTE RECEPTACLES

A. Waste Receptacles

1. All waste receptacles, in all areas, must be emptied daily.

2. A clean bag/liner must be placed in each waste receptacle after emptying daily.

3. Waste receptacles must be replaced in their original location.

B. Kitchens/Breakrooms and Restrooms

Waste receptacles in both the breakroom/kitchen areas and restrooms must be cleaned and disinfected with germicidal cleaner in such a way that no dust, dirt, debris, spots, marks, streaks, residue, food particles, or spills remain on receptacle lid, the exterior of the receptacle, and nearby walls and floors.

C. Patio Area

The waste receptacles on the patio area must be emptied and placed in such a way to prevent rainwater from filling the receptacle. Vendor shall not leave waste/trash on the ground around the patio area. Any waste/trash which is dropped while emptying the patio waste receptacle must be picked up and disposed of properly.

D. Waste Disposal

Collected waste must be promptly removed from the building and placed in the proper exterior dumpsters that are in the rear parking lot.

1. Waste must be removed in such a way that no spots, marks, or stains are left behind on flooring, walls,

furniture or other surfaces.

2. Janitorial staff must ensure lids and side doors on exterior dumpsters are closed prior to leaving.

3. Vendor shall not leave waste/trash on the ground around the dumpster area. Any waste/trash which is dropped while emptying receptacle into the dumpster must be picked up and disposed of properly.

E. The vendor must adhere to the proper disposal methods for all housekeeping wastes and cleaning agents per

local regulatory requirements.

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3.14 WATER FOUNTAINS

Water fountains shall be cleaned, disinfected, and polished to remove any dust, dirt, debris, stains, or streaks and prevent odors and mold growth.

3.15 WINDOWS A. Windows, window treatments (e.g. blinds, shades, etc.), and windowsills in in certain areas, as indicated in

Attachment A, must be cleaned in such way that no dust, dirt, debris, or streaks remain, and that scattering of dust, dirt, debris does not occur.

B. Vendor shall not be responsible for cleaning window glass in any area not listed on Attachment A under the

scope of this contract.

3.16 RE-STOCKING SUPPLIES A. Standards for re-stocking shall include, but are not limited to, ensuring that all supplies are well stocked and

will last until the next scheduled service day.

B. Janitorial Closet

1. LRWRA and CAW will provide a janitorial closet to the vendor to store equipment and supplies. Access will be limited to janitorial staff and designated LRWRA and CAW staff.

2. Vendor must ensure that all items are placed safely within the janitorial closet.

3. Vendor must ensure that the janitorial closet floors and shelves are neat, clean, and in an orderly

condition at all times.

4. LRWRA will not be responsible in any way for the vendor’s supplies, materials, equipment or personal belongings that may be damaged or lost by fire, theft, accident, or any other conditions or circumstances.

3.17 INSPECTIONS

A. Vendor Inspections

Vendor must conduct frequent inspections to ensure the quality of services provided under the scope of this contract consistently meet the requirements herein.

B. Photo Evidence of Completion of Services/Inspections

1. LRWRA may require the vendor to provide photo evidence as proof of completion of services/inspections. 2. Photo evidence shall include photos of the areas before and after work is performed and must be

provided to LRWRA within the time frame as required in the written notification.

3. LRWRA will provide written notification of the areas for which photo evidence must be provided. LRWRA may choose areas randomly or if a specific need arises.

C. Agency Inspections

1. Agency personnel will conduct weekly inspections to ensure janitorial staff's adherence to schedule and

requirements. LRWRA will notify the vendor of any issues and, if warranted, a timeframe for correction.

2. LRWRA will maintain a performance log to document any issues that may arise (e.g., dirty floors, neglected restrooms, etc.).

3. LRWRA may require a vendor representative to attend LRWRA inspections or come to the CWM Complex

to view and discuss unsatisfactory services.

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SECTION 4 – INFORMATION FOR EVALUATION

The following evaluation criteria is designed to illustrate vendor qualifications and abilities in providing the services envisioned under this solicitation. Each item should be addressed as written.

Providing false information shall be cause for rejection of the proposal as non-responsible.

4.1 EXPERIENCE, QUALIFICATIONS, AND PROPOSED SOLUTION A. Vendor Information

1. Provide a brief history of your company, including the following information

number of years in business ownership structure size of the company, including number and locations of offices Indicate which location(s) of the office from which the work on this contract will be performed

2. Provide a description of any special experience, knowledge, and/or skills that uniquely qualifies your

company for this project, including any current certifications that your company holds.

3. Provide a description of any special awards and/or recognition your company has received, preferably during the past two (2) years.

4. Provide a list of the three (3) most recent clients for which your company has provided janitorial services of

a similar size and scope to those required herein. At minimum, include the following

agency's name and address name, title and contact information for contact within the company brief description of the services provided, including approximate size of facility in square feet length of contract statement explaining why contract ended, if applicable

Note: LRWRA shall have the right to contact these companies verify information. Failure to include

contact information may be cause for rejection of response as non-responsive.

5. Within the last five (5) years, has your company, or any officer of your company, been involved in any transaction in which the company defaulted on a contract? If yes, explain.

6. Within the last five (5) years, has your company, or any officer of your company, been involved in a

contract that was cancelled by the customer for non-performance? If yes, explain.

B. Janitorial Staff

1. Provide a description of the team that will be assigned to provide janitorial services to the CWM facility (e.g., number of employees, number of supervisors, experience, etc.).

2. What process do you use to screen and hire employees? What is your employee turnover rate?

3. Provide the following information

a. Number of janitorial staff currently employed by your company.

b. If awarded, list how many existing contracts will be held at the same time as this contract. What is the

total number of employees necessary to satisfy the janitorial requirements of these other contracts and why?

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4. Provide a description of the training requirements for your janitorial staff, including ongoing requirements

for established employees.

5. Provide a description on any specialized training or certification opportunities provided to your janitorial staff. What are the requirements for certification and recertification?

C. Describe the process and techniques janitorial staff will use to ensure all janitorial services will be performed at

the required standards.

D. Inspections

1. Describe the process that will be used when performing inspections of the CWM facility.

2. Who will be responsible for conducting the inspection?

3. What is the frequency of inspections?

4. Provide a description of the measures that will be used to maintain and track the quality of staff and the consistency of services.

E. Provide a description of the types of products and equipment that will be used, indicate if the equipment and

supplies are for commercial use.

F. What steps will be taken to minimize the amount of product used and the amount of waste that is created?

G. Provide a description of the method that will be used to ensure the janitorial closet is stocked, clean, and well organized.

H. Provide a detailed description of your plan for the initial deep cleaning of the entire CWM Complex, including

the estimated number of employees that will be used, plan of action, time frame, and specific services that will be provided.

I. Provide a description of the customer service system you have in place.

J. Describe the process you use to mitigate complaints from customers regarding services and/or an employee,

including the following

average time frame to respond to complaints

examples of solutions implemented to resolve issues (e.g., dirty floors, neglected restrooms, dirty sinks, unfilled soap dispensers or paper towel disperses, etc.).

examples of solutions implemented to resolve agency issues with janitorial staff

complaints regarding missing or broken items

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SECTION 5 – CRITERIA FOR SELECTION

Do not provide responses to items in this section. 5.1 TECHNICAL PROPOSAL SCORE

A. The LRWRA Procurement Department will review each proposal to verify submission requirements have been met. Proposals that do not meet submission requirements shall be disqualified and shall not be evaluated.

B. A LRWRA-appointed Evaluation Committee will evaluate and score qualifying proposals. Evaluation will be based on vendor’s response to the Information for Evaluation section included in this solicitation. Other agencies, consultants, and experts may also examine documents at the discretion of LRWRA.

C. The Information for Evaluation section has been divided into sub-sections. Maximum scores for each sub-section are shown in the following table. Scores for each sub-section will be added together to determine the total score for the written response.

Information for Evaluation Sub-Sections Maximum

Points Possible

6.1 Experience, Qualifications, and Proposed Solution 800

Maximum Total Points Possible for Technical Proposal Score 800

D. Technical proposals that do not receive a minimum score of 640 shall not move forward in the solicitation

process and pricing shall remain sealed and shall not be scored. 5.2 COST SCORE

A. When pricing is opened for scoring, the maximum amount of cost points will be given to the vendor with the lowest grand total cost as shown on the Official Bid Price Sheet. (See Grand Total Score for maximum points possible for cost score.)

B. The amount of cost points given to the remaining vendors will be allocated by using the following formula:

(A/B)*(C) =D A = Lowest Total Cost

B = Second (third, fourth, etc.) Lowest Total Cost C = Maximum Points for Lowest Total Cost D = Total Cost Points Received 5.3 GRAND TOTAL SCORE

The Technical Proposal Score and Cost Score will be added together to determine the Grand Total Score for the vendor. The vendor with the highest Grand Total Score will be selected as the apparent successful vendor. (See Award Process.)

Maximum Points Possible

Technical Proposal 800

Cost 200

Maximum Possible Grand Total Score 1,000

5.4 VENDOR ACCEPTANCE OF EVALUATION TECHNIQUE

A. Vendor must agree to all evaluation processes and procedures as defined in this solicitation.

B. The submission of a response shall signify the vendor’s understanding and agreement that subjective judgments shall be made during the evaluation and scoring of the responses. LRWRA’s decision shall be final.

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SECTION 6 – GENERAL CONTRACTUAL REQUIREMENTS

Do not provide responses to items in this section. 6.1 PAYMENT AND INVOICE PROVISIONS

A. All invoices must be itemized and should clearly indicate separate cost for LRWRA and CAW sides of the building.

B. All invoices must be forwarded to:

Little Rock Water Reclamation Authority ATTN: Accounts Payable 11 Clearwater Drive Little Rock, AR 72204 Or emailed to: [email protected]

C. Payment will be made in accordance with applicable LRWRA accounting procedures upon acceptance of

goods and/or services by LRWRA.

D. LRWRA shall not be invoiced in advance of delivery and acceptance of any goods or services.

E. Payment will be made only after the vendor has successfully satisfied LRWRA as to the reliability and effectiveness of the deliverables purchased as a whole.

F. The vendor should invoice LRWRA by an itemized list of charges. LRWRA's RFP number should be

referenced on each invoice.

G. Other sections of this solicitation may contain additional requirements for invoicing. 6.2 GOVERNING LAW

A. The laws of the State of Arkansas shall govern this contract as to interpretation and performance.

B. Any and all legal action necessary to enforce any resulting contract shall be brought in Pulaski County, Arkansas.

C. LRWRA shall not agree to any provision of a contract which violates the federal, State, or local laws or the

constitution of the State of Arkansas. 6.3 CONDITIONS OF CONTRACT

The vendor shall at all times observe and comply with federal and State of Arkansas laws, local laws, ordinances, orders, and LRWRA polices and regulations existing at the time of, or enacted subsequent to the execution of a resulting contract which in any manner affect the completion of the work.

6.4 INDEMNITY

Vendor shall indemnify and save harmless LRWRA and its agents, servants, and employees from, and against, any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, or losses of any nature whatsoever, civil or criminal, incurred by any of them including attorney's fees arising out of a willful or negligent act, or omission, including, but not limited to actions arising under any local, state or federal environmental laws or regulations, or omissions of vendor, its officers, agents, servants, and employees; provided, however, that vendor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees arising out of the award of any resulting contract due to a willful or negligent act, or omission, of LRWRA, its agents, servants, and employees.

6.5 STATEMENT OF LIABILITY LRWRA will demonstrate reasonable care but shall not be liable in the event of loss, destruction, or theft of vendor-owned items to be delivered or to be used in the installation of deliverables. The vendor shall be required to retain total liability until the deliverables have been accepted by the authorized LRWRA official. LRWRA shall not be responsible for or accept liability for any vendor-owned items.

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6.6 NON-DISCRIMINATION

As a condition for doing business with Little Rock Water Reclamation Authority, the awarded contractor shall not discriminate on the basis of race, color, creed, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, genetic information, political opinions or affiliation, military status, or other status protected by applicable law and shall require such compliance in agreements with subcontractors and sub-subcontractors.

6.7 DELEGATION AND/OR ASSIGNMENT Vendor shall not assign the contract or any portion thereof or delegate any of vendor’s right or duties thereunder without prior written approval of LRWRA. This written approval shall not be considered as making LRWRA a party to such subcontract or subjecting LRWRA to liability of any kind to any subcontractor. No subcontract shall under any circumstances relieve vendor of liability and obligation under any resulting contract, and all transactions shall be made through vendor. Subcontractors shall be recognized and dealt with only as workers and representatives of vendor and as such shall be subject to the same requirements of character and competence as required of vendor’s employees. Any purported assignment made in violation of this provision shall be void and of no force and effect and shall constitute a material breach of any resulting contract.

6.8 RECORD RETENTION

A. The vendor shall maintain all pertinent financial and accounting records and evidence pertaining to the contract in accordance with generally accepted principles of accounting and other specified LRWRA policies. Upon request, access shall be granted to LRWRA, State or Federal Government entities or any of their duly authorized representatives.

B. Financial and accounting records shall be made available, upon request, to the LRWRA's designee(s) at any

time during the contract period and any extension thereof, and for five (5) years from expiration date and final payment on the contract or extension thereof.

C. Other sections of this solicitation may contain additional Requirements regarding record retention.

6.9 CONFIDENTIALITY

A. The vendor, vendor’s subsidiaries, and vendor’s employees shall be bound to confidentiality of any information of which they may become aware while providing services under a resulting contract.

B. The vendor, vendor’s subsidiaries, and vendor’s employees shall be bound to all federal, State, and local laws

and to all requirements set forth in this solicitation and/or resulting contract concerning the confidentiality and secure handling of information of which they may become aware during the course of providing services under a resulting contract.

C. Consistent and/or uncorrected breaches of confidentiality may constitute grounds for cancellation of contract,

and LRWRA shall have the right to cancel the contract on these grounds.

6.10 CONTRACT INTERPRETATION Should LRWRA and vendor interpret specifications differently, either party may request clarification. However, if an agreement cannot be reached, the determination of LRWRA shall be final and controlling.

6.11 CANCELLATION FOR CONVENIENCE

A. LRWRA shall have the right to cancel a contract, in whole or in part, in the event LRWRA no longer needs the service or commodity specified in the contract due to program changes, changes in laws, rules, or regulations, relocation of offices, lack of appropriated funding, or if it is determined to be in LRWRA's best interest to do so. LRWRA shall give the vendor written notice of cancellation, specifying the terms and the effective date of contract termination. The effective date of termination shall be 30 days from the date of notification, unless specified in the notification.

B. In the event LRWRA cancels a contract for one of the above reasons, LRWRA shall pay only those sums due

for services and/or goods received and accepted up to the termination date as stated in the notification.

C. The vendor may terminate any resulting contract by providing written notice of cancellation to LRWRA. Vendor must confirm with LRWRA that notice of cancellation has been received. Notice of cancellation must be provided to LRWRA a minimum of 90 days prior to termination of contract.

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SECTION 7 – STANDARD TERMS AND CONDITIONS

1. GENERAL: Any special terms and conditions included in the request for proposal override these standard terms and conditions. The standard terms and conditions and any special terms and conditions become part of any contract entered into if any or all parts of the response are accepted by Little Rock Water Reclamation Authority.

Any ambiguity in any response as the result of omission, error, lack of clarity or non-compliance by the bidder with specifications, instructions, and all conditions of bidding shall be construed in the light most favorable to LRWRA.

Quality, time and probability of performance may be factors in making award.

2. ACCEPTANCE AND REJECTION: The LRWRC and/or their designees reserves the right to reject any and all responses,

waive any and all informalities, award items, all or none, or by line item(s), and to make an award to the best bidder pursuant to law.

3. RFP SUBMISSION: Responses must be submitted to LRWRA on this form, with all other information required within the

solicitation, on or before the date and time specified for RFP opening. If this form is not used, the response may be rejected. The response must be typed or printed in ink. The signature must be in ink. Unsigned responses shall be disqualified. The person signing the Proposal Signature Sheet should show title or authority to bind his firm in a contract. Each response should be placed in a separate envelope completely and properly identified. Late submissions shall not be considered under any circumstances. The RFP number should be stated on the face of the Sealed RFP Response Envelope. If it is not, the envelope will have to be opened to identify.

4. PRICES: Bid unit price F.O.B. destination at designated LRWRA facility in Little Rock. Charges may not be added after the

response is opened. In case of errors in extension, unit prices shall govern. Prices shall be firm and not subject to escalation unless otherwise specified in the solicitation. Unless otherwise specified, the pricing must be firm for acceptance for sixty (60) days from the RFP opening date. "Discount from list" bids shall not be acceptable unless requested in the solicitation.

5. QUANTITIES: Quantities stated in term contracts are estimates only and shall not be guaranteed. Bid unit price on the

estimated quantity and unit of measure specified. LRWRA may order more or less than the estimated quantity on term contracts. Quantities stated on firm contracts are actual requirements of LRWRA.

6. SPECIFICATIONS: Specifications furnished with this solicitation are intended to establish a desired-quality of performance

level, or other minimum dimensions and capacities, which will provide the best product available at the lowest possible price, other than designated brands and/or models approved as equal to designated products shall receive equal consideration.

7. BRAND NAME REFERENCES: Any catalog brand name or manufacturer's reference used in the solicitation is descriptive

only, not restrictive, and used to indicate the type and quality desired. Bids on brands of like nature and quality will be considered unless otherwise specified. If bidding on other than referenced specifications, the response must show the manufacturer, brand or trade name, and other descriptions, and should include the manufacturer's illustrations and complete descriptions of the product offered. LRWRA reserves the right to determine whether a substitute offered is equivalent to and meets the standards of the item specified and may require the bidder to supply additional descriptive material. The bidder guarantees that the product offered shall meet or exceed specifications identified in this solicitation. If the bidder takes no exception to specifications or reference data in this solicitation, he shall be required to furnish the product according to brand names, numbers, etc., as specified in the solicitation.

8. GUARANTY: When submitting a “Request for Proposal”, the bidder warrants to the Little Rock Water Reclamation

Commission (LRWRC) by the Little Rock Water Reclamation Authority (LRWRA) that the goods and materials covered by the bid are fit for the purpose intended, and they are goods and materials free from defects in material and workmanship under normal use and service. In addition, bidder must deliver new commodities of the latest design and model, unless otherwise specified in the “Request for proposal”.

Guarantees and warranties should be submitted with the response, as they may be considered in making an award.

9. SAMPLES: Samples, when requested, must be furnished free of expense to LRWRA. Each sample should be marked

with the bidder's name and address, RFP number and item number. If samples are not destroyed during reasonable examination they will be returned at bidder's expense, if requested, within thirty days following the opening of responses. If the bidder does not request the return of samples within thirty days of RFP opening, they shall become the property of LRWRA.

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10. AMENDMENTS: THIS RFP MAY BE MODIFIED ONLY BY AMENDMENTS WRITTEN AND AUTHORIZED BY LITTLE

ROCK WATER RECLAMATION AUTHORITY. Bidders are cautioned to ensure that they have received or obtained, and responded to, any and all amendments to the solicitation prior to submission. It is the responsibility of the vendor to check the Little Rock Water Reclamation Authority website www.lrwra.com/business-center for any and all addendums.

11. TAXES AND TRADE DISCOUNTS: Sales or Use Tax shall not be included in the bid price, but must be added by the

vendor to the invoice billing. Although Use Tax shall not be included in the bid, vendors must register and pay tax direct to the Arkansas State Revenue Department.

Discounts offered shall be taken when LRWRA qualifies for such. The beginning date for computing discounts shall be the date of invoice or the date of delivery and acceptance, whichever is later.

12. AWARD: Term Contract: A contract award will be issued to the successful bidder. It results in a binding obligation

without further action by either party. This award does not authorize shipment. Shipment is authorized by the receipt of a purchase order from LRWRA. Firm Contract: A written purchase order authorizing shipment will be furnished to the successful bidder.

13. LENGTH OF CONTRACT: The solicitation will show the period of time the term contract will be in effect.

14. DELIVERY ON FIRM CONTRACTS: The request for proposal will show the number of days to place a commodity in

LRWRA’s designated location under normal conditions. If the bidder cannot meet the stated delivery, alternate delivery schedules may become a factor in an award. LRWRA has the right to extend delivery if reasons appear valid. If the date is not acceptable, LRWRA may buy elsewhere and any additional cost shall be borne by the vendor.

15. DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted without written approval of LRWRA.

Delivery shall be made during normal work hours only 8:00 a.m. to 4:30 p.m., unless prior approval for other delivery has been obtained from LRWRA. Packing memoranda shall be enclosed with each shipment.

16. STORAGE: LRWRA is responsible for storage if the contractor delivers within the time required and the agency cannot

accept delivery.

17. DEFAULT: Vendor has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in any resulting contract or any of the rules and regulations promulgated by LRWRA pursuant thereto or has wrongfully failed or refused to comply with the instructions of LRWRA and said default is not cured within thirty (30) days of receipt of written notice by LRWRA to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Vendor of written demand from LRWRA to do so, Vendor fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Vendor having the burden of proof to demonstrate); (a) that the default cannot be cured within thirty (30) days, and (b) that it is proceeding with diligence to cure said default, and such default shall be cured within a reasonable period of time).

a. CANCELLATION FOR DEFAULT: LRWRA may cancel any resulting contract because of Vendor’s

default, except as otherwise provided below in this Section, by giving Vendor thirty (30) days advance written notice upon the happening of any one of the following events:

b. INSOLVENCY: Vendor shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy (court) or a petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property. In the event that any bankruptcy, insolvency, reorganization, receivership, or similar proceeding is instituted by or against Vendor, or in the event Vendor makes an assignment for the benefit of creditors, Vendor shall not asset or list any resulting contract as an asset of such action; or

c. COURT ORDER: By order or decree of a court, Vendor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of Vendor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is started or vacated within sixty (60) days after the entry thereof, any notice of default shall be and become null, void and of no effect; unless such started judgment or order is reinstated in which case, said default shall be deemed immediate; or

d. LEGISLATIVE ACT: By, or pursuant to, or under the authority of any legislative act, resolution or rule or any order to decree of any Court or governmental board, agency, or officer having jurisdiction, a service, trustee, or liquidator shall take possession or control of all or substantially all of the property of Vendor, and such possession or control shall continue in effect for a period of sixty (60) days; or

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e. FINAL JUDGMENT: Vendor has defaulted by allowing any final judgment for the payment of money to

stand against him unsatisfied and said default is not cured within thirty (30) days of receipt of written notice by LRWRA to do so; or

f. UNSATISFIED JUDGMENT: In the event that the unsatisfied final judgment under subsection (g) above is the subject of a judicial proceeding, Vendor shall not be in default if the sum of money is bonded. The bonds shall be in the form acceptable to LRWRA; or

g. COMPLIANCE WITH LAWS: Failure to comply with all local, state, and federal laws governing the equipment provided under any resulting contract; or

h. COMPLIANCE WITH EQUAL OPPORTUNITY: Failure to comply with the Equal Opportunity, Displaced Employees provisions, Drug Free Workplace, or other personnel requirements described in this solicitation.

i. TERMINATION: Notwithstanding the foregoing and as supplemental and additional means of termination of any resulting contract under this Section, in the event that Vendor has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required to be kept and performed by Vendor, in the opinion of LRWRA and regardless of whether Vendor has corrected each individual condition of default, Vendor shall be deemed by LRWRA to be a "habitual violator," shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively shall constitute a condition of irredeemable default. LRWRA shall thereupon issue Vendor a final warning citing the circumstances therefore, and any single default by Vendor of whatever nature, subsequent to the occurrence of the last of said cumulative defaults, LRWRA may terminate any resulting contract upon giving of written final notice to Vendor, such cancellation to be effective upon the date specified in LRWRA’s written notice to Vendor, and all contractual payments due hereunder plus any and all charges and interest shall be payable to said date, and Vendor shall have no further rights hereunder and immediately upon the specified date in such final notice Vendor shall proceed to cease any further performance under any resulting contract and cooperate with LRWRA to turn over equipment, if any, and all records and service responsibility as otherwise required herein.

j. EFFECTIVE DATE: In the event of the aforesaid events specified in sections 17 and (i) above and except as otherwise provided in said subsection, termination shall be effective upon the date specified in LRWRA’s written notice to Vendor and upon said date any resulting contract shall be deemed immediately terminated and upon such termination all liability of LRWRA under any resulting contract to Vendor shall cease, and LRWRA shall have the right to call the performance bond (if required) and shall be free to negotiate with other contractors for the goods and services requested in the solicitation.

18. VARIATION IN QUANTITY: LRWRA assumes no liability for commodities produced, processed or shipped in excess of the

amount specified on the purchase order.

19. INVOICING: The contractor shall be paid upon the completion of all of the following: (1) submission of an original and the specified number of copies of a properly itemized invoice showing the RFP and purchase order numbers, where itemized in the request for proposal, (2) delivery and acceptance of the commodities and (3) proper and legal processing of the invoice by LRWRA. Invoices must be sent to the address identified in the solicitation.

20. LRWRA PROPERTY: Any specifications, drawings, technical information, dies, cuts, negatives, positives, data or any other

commodity furnished to the contractor hereunder or in contemplation hereof or developed by the contractor for use hereunder shall remain property of LRWRA, be kept confidential, be used only as expressly authorized and returned at the contractor's expense to the F.O.B. point properly identifying what is being returned.

21. PATENTS OR COPYRIGHTS: The contractor agrees to indemnify and hold LRWRA harmless from all claims, damages

and costs including attorneys' fees, arising from infringement of patents or copyrights.

22. ASSIGNMENT: Any contract entered into pursuant to this request for proposal shall not be assignable nor the duties thereunder delegable by either party without the written consent of the other party of the contract.

23. OTHER REMEDIES: In addition to the remedies outlined herein, the contractor and LRWRA have the right to pursue any

other remedy permitted by law or in equity.

24. DISCRIMINATION: In the event a contract is entered into pursuant to the “Request for Qualifications”, the Firm shall not discriminate against any qualified employee or qualified applicant for employment because of race, sex, color, creed, age, disability, veteran’s status, national origin or ancestry, or any other protected category.

25. CONTINGENT FEE: The bidder guarantees that he has not retained a person to solicit or secure this contract upon an

agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the bidder for the purpose of securing business.

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26. ANTITRUST ASSIGNMENT: As part of the consideration for entering into any contract pursuant to this request for proposal, the bidder named on the front of this request for proposal, acting herein by the authorized individual or its duly authorized agent, hereby assigns, sells and transfers to LRWRA all rights, title and interest in and to all causes of action it may have under the antitrust laws of the United States or this state for price fixing, which causes of action have accrued prior to the date of this assignment and which relate solely to the particular goods or services purchased or produced by LRWRA pursuant to this contract.

27. CONSTRUCTION:

a. When noted, the Contractor must supply LRWRA with evidence of having and maintaining proper and complete insurance, specifically Workman’s Compensation Insurance in accordance with the laws of the State of Arkansas, Public Liability and Property Damage. All premiums and cost shall be paid by the Contractor. In no way shall LRWRA be responsible in case of accident.

b. When noted, a certified check or bid bond in the amount of 5% of total bid shall accompany bid. c. A Performance Bond equaling the total amount of any bid exceeding $20,000.00 must be provided for any contract

for the repair, alteration or erection of any public building, public structure, or public improvement (pursuant to A.C.A. §18-44-503, §18-44-501 and §18-44-506 as amended).

28. LIQUIDATED DAMAGES: Shall be assessed beginning on the first day following the maximum delivery or completion time

entered on the bid form and/or provided for by the plans and specifications.

29. SEVERABILITY: If any provision of this Contract shall be declared illegal, void, or unenforceable by a court of competent jurisdiction, the other provisions shall not be affected but shall remain in full force and effect.

30. MINORITY BUSINESS POLICY: Little Rock Water Reclamation Authority encourages participation of disadvantaged,

small, minority, and woman owned business enterprises in the procurement of goods, services, professional services, and construction, either as a general contractor or sub-contractor. It is further requested that whenever possible, prime contractors who require sub-contractors, seek qualified small, minority, and woman owned business to partner with them.

31. ALTERATION OF ORIGINAL RFP DOCUMENTS: The original written or electronic language of the solicitation documents

shall not be changed or altered except by approved written addendum issued by Little Rock Water Reclamation Authority. This does not eliminate a Bidder from taking exception(s) to non-mandatory terms and conditions, but does clarify that the Bidder cannot change the original document's written or electronic language. If the Bidder wishes to make exception(s) to any of the original language, it must be submitted by the Bidder in separate written or electronic language in a manner that clearly explains the exception(s). If Bidder's/Contractor's submittal is discovered to contain alterations/changes to the original written or electronic documents, the Bidder's response may be declared as "non-responsible" and the response shall not be considered.

32. NOTICES: Any notice, demand, communication, or request required or permitted hereunder shall be in writing, except

where otherwise herein designated by telephone, and delivered in person or sent by certified, return receipt requested, United States Mail as follows:

Little Rock Water Reclamation Authority Attn: CEO 11 Clearwater Drive Little Rock, Arkansas 72204

Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice shall be directed may be made from time to time by written notice. Facsimile transmission is acceptable notice, effective when received, however, facsimile transmissions received (i.e., printed) after 4:30 p.m. or on weekends or holidays will be deemed received on the next business day. The original of items which are transmitted by facsimile equipment must also be mailed as required herein.