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University of Arkansas

Request for Proposal

Window Washing Services

1.0 Scope

The Board of Trustees of the University of Arkansas, acting for and on behalf of the University of Arkansas, Fayetteville (“The University”) is seeking Request for Proposals to obtain first quality products and timely service at the best possible price consistent campus wide. The response times involved in performing the services as outlined in these specifications will be a factor in selecting the successful bidder.

The University of Arkansas Facilities Management Building Services Department, Housing, Athletics, the Arkansas Union and Dining seek Bids to contract interior and exterior window washing for many of the main campus buildings – see Attachments I, II, III and IV.

All of the listed Facilities Management building windows (Attachment I) will be washed over the course of three (3) years. However, some buildings may have windows washed each year, some every second year and some every third year. The list of buildings to have windows washed inside and outside will be established by Building Services Management at the beginning of each contract year. Each building on the list will have interior cleaning scheduled during the same time period as exterior cleaning is scheduled.

Housing (Attachment II) will schedule the buildings to be washed in a given contract year. The schedule will be established prior to annual Commencement, with washing to occur during the summer break. However, special circumstances may require that a building be scheduled more often and may be scheduled during the academic year.

Housing buildings host summer conferences, therefore, the buildings will have a schedule for available time slots during which windows may be washed. In the event a building is occupied, a notice must be posted 24 hours in advance of work, and work cannot begin before 9:00 a.m. on that day.

Athletics buildings (Attachment III), the Arkansas Union and Dining buildings (Attachment IV) will have interior and exterior windows washed on an annual basis. Window washing schedules for Athletics buildings must allow for events and practice sessions.

The contract holder will have to be flexible in managing the overall window washing building list. Therefore, we encourage each Bidder to submit a bid, which allows for flexibility and provides for expedient change in the building list in a given contract year.

Window washing of a given building must be performed to the satisfaction of the on-site University departmental representative before it can be considered to have been completed.

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The Bid shall list the cleaning agents to be used and all chemicals shall be “Green Seal” certified and shall not subject the window frames or the building structure to staining, tarnish or corrosion, or harm the grounds or Campus environment. Green Seal Certification for the chemicals proposed for use in the bid shall be furnished with the bid or the bid may be considered non-responsive.

Safety of the contractor’s employees as they perform their tasks, and the subsequent safety of our students, faculty, staff and visitors is of paramount importance. Therefore, we request a statement in the bid as to the method which will be used to wash upper level exterior windows in our multi-story buildings. Hanging from the roof by rope attached to a safety harness is not preferable. Enclose a separate statement of method with the bid or the bid may be considered non-responsive.

Window screen removal and replacement will be the sole responsibility of the contract holder and replacement due to damage or loss will be at the expense of the contract holder. Any damages to University property, indoor or outdoor, caused by the actions of the contractor shall be immediately remedied by the contractor to the satisfaction of the University.

The contractor will be responsible for abiding by all University Parking and Transit regulations while on Campus and purchasing an on-campus parking permit.

All prices quoted shall be firm for the first year of the contract. The total cost of all buildings will be used as the Pricing portion of the bid evaluation.

Each bidder must perform a MANDATORY on-site tour of the campus buildings prior to submission of the Bid. Tours will be conducted 06/14/16 through 06/17/16. Tours can be scheduled by contacting Avery L. Minor, Building Services Director, at 479-575-7403. Avery Minor and/or his designee(s) will conduct the tours and may be joined by representatives of Housing, Athletics, the Arkansas Union and Dining.

Failure to schedule and/or perform the site visit shall be considered non-responsive.

Successful vendor(s) shall provide monthly invoices to the University, which shall

include ordering department and related purchase order numbers.

Bid Package: This is an open solicitation for bid, so Request for Proposal (“RFP”) packages

will be made available to any company and/or individual that can demonstrate compliance with

requirements for providing services. Those considering submitting a response to this solicitation

shall be referred to as “Bidder(s)” or “Proposer(s)”, with the responses being referred to as

“Bid(s)” or “Proposal(s)” throughout this document. Questions regarding this RFP document

should be addressed to the following:

University of Arkansas

Office of Business Affairs

C/O Andy Fletcher

Fayetteville, Arkansas 72701

Email: andyf@uark.edu

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The initial RFP package, all issued RFP Addenda, as well as any other official UA correspondence

relevant to the RFP will be posted to the UA Business Affairs web site, called “Hogbid”. The link

below is to the Business Affairs website: It is the responsibility

of any interested respondent to the RFP to monitor the UA Hogbid website for addenda and other

official bid notifications.

Please send one (1) signed original, and three (3) signed copies (including 1 copy on CD and/or

USB Flash Drive) of your response to this bid. The extra copies are needed for bid evaluation purposes.

In addition, please provide an electronic redacted copy of the complete bid response. The redacted

copy should reflect the same pagination as the original, show the empty space from which information

was redacted, and should be submitted on a CD or flash drive, preferably in a PDF format.  Except for

the redacted information, the redacted copy must be identical to the original hard copy.  The respondent

is responsible for ensuring the redacted copy on CD/flash drive is protected against restoration of

redacted data.

Bid Deadline: Bids will be received in the offices of the University of Arkansas at the address

above no later than 2:30 p.m. Central Time Zone , June 28th, 2016. Bids received after such

date shall not be accepted. Bids will be opened publicly to reveal those entities

submitting bids, and evaluated privately by University of Arkansas Business Affairs.

2.0 Qualifications of Bidder: The University may make such investigations as it

deems necessary to determine the ability of the bidder to perform the work, and the

bidder shall furnish to the University all such information and data for this purpose as

the University may request. The University reserves the right to reject any bid if the

evidence submitted by, or investigation of, such bidder fails to satisfy the University that

such bidder is properly qualified to carry out the obligations of the contract and to

complete the work contemplated therein.

3.0 Obligation of Bidder: Selected service sites at the University of Arkansas should be

inspected by the bidder before bidding. Bidders will be responsible for coordinating site

visits with Facilities Management. The failure or omission of any bidder to examine any

form, instrument, document, or visit site shall in no way relieve any bidder from any

obligation in respect to their bid.

BIDS MUST BE SUBMITTED ON THIS FORM TO BE CONSIDERED.

4.0 Term of the Request for Proposal

The term ("Term") of this contract will be for a period of one (1) year from the date of

award. If mutually agreed upon in writing by the contractor and the University of

Arkansas, the Business Office reserves the option to renew this contract on a yearly

basis, not to exceed an aggregate total of seventy-two (72) months. Price increases

or decreases will be negotiated only at the time of annual contract renewal.

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5.0 Termination

The University of Arkansas may terminate this Agreement without cause, and for any reason

during the Term (including any renewal periods), upon giving the other party thirty (30) days

advance written notice of termination. Additionally, in the event of non-appropriation of funds

necessary to fulfill the terms and conditions of this Agreement during any biennium period of

the Term (including any renewal periods), the parties agree that the Agreement shall automatically

terminate without notice.

6.0 Right To Inspect

The University reserves the right to inspect the services performed, and to determine the quality,

acceptability, and fitness of such services.

7.0 Insurance Requirements

The contractor shall maintain liability insurance and shall file certificates of insurance

with the owner prior to commencement of work. Insurance policies shall be written by

a company or companies authorized to do business in the State of Arkansas. The

limits of liability of such insurance shall be written for not less than the following limits:

A. Workers Compensation

Workers Compensation as required by the State of Arkansas

B. Commercial General Liability (including Premises-Operations: Independent Contractors' Protective:

Products and Completed Operations: Broad Form Property Damage):

1. Bodily Injury- $1,000,000.00 each occurrence, $1,000,000.00 aggregate.

2. Property Damage- $1,000,000.00 each occurrence, $1,000,000.00 aggregate.

C. Contractual Liability

1. Bodily Injury - $1,000,000.00 each occurrence, $1,000,000.00 aggregate.

2. Property Damage - $1,000,000.00 each occurrence, $1,000,000.00 aggregate.

D. Personal Injury, with Employment Exclusion deleted, $1,000,000.00 aggregate

1. Comprehensive Business Automobile Liability (including Owned, Non-Owned, and Hired Vehicles)

Bodily Injury and Property Damage- combined single limit of

$1,000,000 per occurrence

NOTE: Failure to file certificates or acceptance by the University of certificates of insurance which do

not indicate the specified coverage shall in no way relieve the Contractor of his responsibility for

maintaining adequate insurance.

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8.0 Non-Waiver of Defaults

Any failure of the University at any time, to enforce or require the strict keeping and performance of

any of the terms and conditions of this agreement shall not constitute a waiver of such terms,

conditions or rights, and shall not affect or impair same, or the right of the University at any time to

avail itself of same.

9.0 Access To Records

Contractor shall keep full and accurate records in connection with the services provided under this

Agreement. All such records shall be retained by Contractor for a minimum period of three (3) years

after final payment under this Agreement, and may be audited by the University at any time during

regular working hours. If such books and records are audited and any overpayments are found,

Contractor agrees to refund same to the University.

10.0 Permits And Licenses

Contractor shall, at its sole expense, procure and keep in effect all necessary permits and licenses

required for its performance under this Agreement, and shall post or display in a prominent place such

permits and/or notices as are required by law.

11.0 Survival

The terms, conditions, representations, and warranties contained in this Agreement shall survive the

termination or expiration of this Agreement.

BID AWARD BASED ON ALL OR NONE BASIS FOR ALL GROUPS LISTED, WITH A GRAND

TOTAL FOR ALL GROUPS.

12.0 Pricing

See attached file, “Building pricing spreadsheet Attachments I, II, III and IV,” for the services listed upon

which to submit pricing. The pricing submitted must be complete and will be awarded on an

“ALL OR NONE BASIS”

13.0 Time of Performance

Time is of the essence in the rendering of services hereunder. Proposer agrees to perform

all obligations and rendering of services set forth in this RFP.

14.0 Contracting Authority

Contractor shall perform all services as an independent Contractor and shall discharge all of its

liabilities as such. No acts performed or representation made, whether written or oral, by Contractor

with respect to Third Parties shall be binding to the University.

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15.0 Qualifications of Bidder

The University may make such investigations as it deems necessary to determine the ability

of the bidder to meet all order and delivery requirements as stated herein and the bidder shall

furnish to the University all such information and data for this purpose that the University may

request. The University reserves the right to reject any bid if the evidence submitted by, or

investigations of, such bidder fails to satisfy the University that such bidder is properly qualified

to carry out the obligations of the Agreement.

16.0 Indemnification

Contractor agrees to indemnify and hold harmless the University and its officers and employees

from any claim, damage, liability, injury, expense, or loss, including defense cost and attorney’s fees

arising out of Contractor’s performance under this Agreement or as a consequence of the existence

of this Agreement.

17.0 Right to Audit

At any time during the term of the agreement and for a period of four (4) years thereafter the

University duly authorized audit representative, at its expense and at the reasonable times,

reserves the right to incrementally audit Proposer’s records and manufacturer’s pricing relevant to

all pricing provided under this agreement. In the event such an audit by the University reveals any

error/overpayments, the Proposer shall refund the University the full amount of such overpayments

within thirty (30) days of such audit findings, or the University at its option, reserves the right to

deduct such amounts plus interest owing the University from any payments due Seller.

18.0 Acceptance of Product & Services

All products furnished and all services performed under this agreement shall be to the satisfaction

of the University and in accordance with the specifications, terms, and conditions of the agreement.

The University reserves the right to inspect the products furnished or the services performed, and

to determine the quality, acceptability, and fitness of such products or services.

19.0 Severability

If one or more provisions of the resultant agreement, or the application of any provision to any

party or circumstance is held invalid, unenforceable, or illegal in any respect, the remainder of the

agreement and the application of the provision to other parties or circumstances shall remain valid

and in full force and effect.

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20.0 Escalation Clause

Quoted prices must remain firm for initial period of contract. At the time of contract renewal, contractor

may request price adjustment provided contractor submits proof of increase in cost prior to contract

renewal. Acceptable proof includes, but is not limited to, dated price lists or invoices from both before

and after increase, and letters from manufacturer confirming increase in cost. Only increased

percentage, up to maximum of five percent (5%), will be allowed and will become effective after

approval by Office of Business Affairs. In event of general price schedule decrease, University will

be guaranteed full benefit of price reduction at time of contract renewal.

Requests for price adjustment shall be submitted to Andy Fletcher, Procurment Manager, University

of Arkansas, Office of Business Affairs, 321 Administration Building, Fayetteville, AR 72701.

Grand Total: $ ____________________

ALL BUILDING LISTED ON ATTACHMENT 1,2, 3 AND 4 WILL BE “ ON ALL OR NONE BASIS”.

FAILURE TO COMPLETE PRICING FOR A BUILDING WILL BE GROUNDS FOR DISQUALIFICATION

OF THE VENDOR AS NON-RESPONSIVE TO THE TERMS AND CONDITIONS OF THIS RFP.

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Attachment I

Facilities Management

Code Building Cost per building Next service

ADMN Administration Building $________________ 2016

ADSB Administrative Services Building $________________

AFLS Agricultural Food & Life Sciences $________________

AGRI Agriculture Building $________________ 2016

AGRX Agriculture Annex $________________ 2016

ALUM Janelle Y. Hembree Alumni House $________________ 2016

ARMY Army ROTC Building $________________ 2016

BAND Lewis E. Epley Jr. Band Hall $________________ 2016

BELL Bell Engineering Center & Atrium $________________ 2016

BIOR Biomass Research Center $________________

BKST University Bookstore $________________ 2016

CERM Ceramics Studio $________________

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Facilities Management

Code Building Cost per building Next service

CHEM Chemistry Building $________________

CHPN Champions Hall $________________

CSRC Cato Springs Research Center $________________

DAVH Davis Hall $________________

DISC Discovery Hall $________________

ECHP Epley Center $________________

for Health Professions

ENGR John A. White Jr. Engineering Hall $________________

ENRC Engineering Research Center $________________ 2016

ENTR Enterprise Center $________________ 2016

FAMA Facilities Management $________________ 2016

FERR Daniel E. Ferritor Hall $________________ 2016

FNAR Fine Arts Center $________________

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Facilities Management

Code Building Cost per building Next service

FPAC Faulkner Performing Arts Center $________________

FWLR Wallace W. & Jama M. Fowler House $________________ 2016

GACS Garland Avenue Shops $________________ 2016

GAPG Garland Avenue Garage $________________ 2016

GEAR G. David Gearhart Hall $________________

GIBX Faculty Technology Center $________________

GLBL Global Campus $________________ 2016

GRAD Graduate Education Building $________________

HAPI Harmon Avenue Garage Front Building $________________

HEAT Central Utility Plant - $________________ 2016

Heating Plant

HLTH Pat Walker Health Center $________________ 2016

HMGH Home Management House $________________

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Facilities Management

Code Building Cost per building Next service

HOEC Human Environmental Sciences $________________ 2016

Building

HPER Health, Physical Education & $________________ 2016

Recreation Building

HUNT Silas Hunt Hall $________________

INOV Innovation Center $________________ 2016

JBHT J.B. Hunt Transportation $________________ 2016

Services Center

JTCD Jean Tyson Child Development Center $________________ 2016

KIMP Kimpel Hall $________________ 2016

KUAF Lynn & Joel Carver Center $________________ 2016

for Public Radio

LISA Library Storage Annex $________________ 2016

LSAD Leflar Law Center $________________

MAIN Old Main $________________ 2016

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Facilities Management

Code Building Cost per building Next service

MCHS McIlroy House – University Press $________________

MCNL McNalley House $________________ 2016

MEEG Mechanical Engineering Building $________________

MEMH Memorial Hall $________________ 2016

MLKA Building Services Annex $________________ 2016

MULN David W. Mullins Library $________________ 2016

MUSC George & Boyce Billingsley $________________ 2016

Music Building

NANO Nanoscale Material Science $________________ 2016

& Engineering Building

PEAH Peabody Hall $________________ 2016

PHYS Physics Building $________________

POSC John W. Tyson Building $________________

PTSC Plant Sciences Building $________________ 2016

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Facilities Management

Code Building Cost per building Next service

RCED Donald W. Reynolds Center $________________

for Enterprise Development

ROSE Rosen Alternative $________________

Pest Control Center

SCEN Science Engineering Hall $________________ 2016

STON Edward Durell Stone House $________________ 2016

SUZM Suzuki Music School of Arkansas $________________ 2016

TEST Testing Center $________________ 2016

UNHS University House $________________ 2016

UPTC Uptown Campus $________________

WAAX West Avenue Annex $________________

WALK Vol Walker Hall $________________ 2016

WATR Waterman Hall $________________ 2016

WCOB Walton College of Business $________________

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Facilities Management

Code Building Cost per building Next service

WJWH Willard J. Walker Hall $________________ 2016

Total cost,

Facilities Management: $________________

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Attachment II

Housing

Building: Cost per Building: 2017 Schedule:

3 N Duncan Ave. (Delta House) $ ___________________ May through July

Markham House (Alpha Phi Alpha) $____________________ “

Buchanan Droke $____________________ “

Duncan Ave. Apts A $____________________ “

Duncan Ave. Apts B $____________________ “

Duncan Ave. Apts C $____________________ “

Duncan Ave. Apts D $____________________ “

Duncan Ave. Apts E $____________________ “

Founders $____________________ “

Futrall $____________________ “

Gibson $____________________ “

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Housing

Building: Cost per Building: 2017 Schedule:

Gladson Ripley $____________________ May through July

Gregson $____________________ “

Holcombe $____________________ “

Hotz $____________________ “

Housing Administration $____________________ “

Humphreys $_____________________ “

Lambda Chi Alpha $_____________________ “

Maple Hill East $_____________________ “

Maple Hill West $_____________________ “

Maple Hill South $_____________________ “

Northwest Quad A- Gatewood Hall $_____________________ “

Northwest Quad B $_____________________ “

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Housing

Building: Cost per Building: 2017 Schedule:

Northwest Quad C $_____________________ May through July

Northwest Quad D-Harding Hall $_____________________ “

Phi Delta Theta (PDT House) $_____________________ “

Phi Gamma Delta (FIJI House) $_____________________ “

Pi Kappa Alpha (PIKE House) $_____________________ “

Pomfret A & B $_____________________ “

Pomfret C & D $_____________________ “

Reid $_____________________ “

Sigma Alpha Epsilon (SAE House) $_____________________ “

Sigma Nu House $_____________________ “

Walton North $_____________________ “

Walton South $_____________________ “

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Housing

Building: Cost per Building: 2017 Schedule:

Yocum Hall $_____________________ May through July

Total cost, Housing: $_____________________

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Attachment III

Athletics

Building: Cost per Building: Next Service:

Frank Broyles Athletic Center $ ___________________ August, 2016

Donald W. Reynolds Razorback Stadium $ ___________________ August, 2016

Fred Smith Football Center $ ___________________ September or October, 2016

Willard & Pat Walker Pavilion $ ___________________ September or October, 2016

Barnhill Arena $ ___________________ July or August, 2016

Bev Lewis Center for Women’s Athletics $ ___________________ July or August, 2016

Jerry & Gene Jones Family

Student-Athlete Success Center $ ___________________ July, 2016

John McDonnell Field (outdoor track) $ ___________________ March or April, 2017

George M. Billingsley Tennis Center $ ___________________ January, 2017

Bud Walton Arena $ ___________________ September, 2016

Basketball Performance Center $ ___________________ September, 2016

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Athletics

Building: Cost per Building: Next Service:

Razorback Field (soccer) $ ___________________ July or August, 2016

Bogle Park (softball) $ ___________________ January or February, 2017

Baum Stadium (baseball) $ ___________________ January or February, 2017

Razorback Foundation & Ticket Office $ ___________________ January or February, 2017

Total cost, Athletics: $_____________________

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Attachment IV

Arkansas Union and Dining

Arkansas Union

Facility: Cost per Building: Schedule for 2016:

Arkansas Union $ __________________

Dining

Facility: Cost per Building: Schedule for 2016:

Northwest Quad B-Fulbright Dining $ __________________

Brough Commons Dining, 1st & 2nd Floor $ __________________

(includes Starbucks, Quiznos, & Club Red)

Hill Grill @ Maple Hill $ __________________

Freshens @ Maple Hill $ __________________

Founders, 1st Floor, NE Corner $ __________________

(includes Olympus, Papa Johns & Slim Chickens)

Total cost, Arkansas Union and Dining: $ __________________

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| | |

|Service Performance Standards | |

|Service Criteria |Acceptable Performance |Damages for Insufficient Performance |

|Scope of services: Quality of work|Work performed to the satisfaction of on-site |Termination of Contract: Termination Clause 5.0 Page 4 of RFP |

|(see page 2 of RFP):: |University departmental representative. |will apply for insufficient performance of services by vendor |

| |Avoidance of “do-overs.” |at the sole discretion of the University of Arkansas - Fayetteville. |

|Scope of services: Damage to |Avoidance of damage to University property. |Termination of Contract: Termination Clause 5.0 Page 4 of RFP |

|University property (see page 2 of |Immediate repair or replacement of damaged |Will apply for insufficient performance of services by vendor |

|RFP): |property, to the satisfaction of the |at the sole discretion of the University of Arkansas - Fayetteville. |

| |University. | |

|Scope of services: Flexibility in |Accommodations made when University requests |Termination of Contract: Termination Clause 5.0 Page 4 of RFP |

|scheduling (see page 1 of RFP) |changes in the work schedule, due to summer |Will apply for insufficient performance of services by vendor |

| |conferences, athletic events, practices or |at the sole discretion of the University of Arkansas - Fayetteville. |

| |other situations where work is rendered | |

| |impractical and/or unsafe. | |

|Scope of services: Safety (see |Work performed in compliance with all |Termination of Contract: Termination Clause 5.0 Page 4 of RFP |

|page 2 of RFP) |applicable federal, state, and local safety |Will apply for insufficient performance of services by vendor |

| |laws, so as not to jeopardize the safety of |at the sole discretion of the University of Arkansas - Fayetteville. |

| |workers, the University community or the | |

| |general public. | |

|Permits and licenses (see pages 5 |Contractor shall maintain applicable permits |Termination of Contract: Termination Clause 5.0 Page 4 of |

|of RFP) |and licenses. |RFP will apply for insufficient performance of services or |

| | |failure to maintain required permits and licenses by vendor |

| | |at the sole discretion of the University of Arkansas - Fayetteville. |

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21.0 Evaluation Information

The University will utilize an evaluation team for the evaluation of this RFP. The

evaluation will include the overall response to the RFP and that includes Pricing,

Services, Reference -Vendor Experience and Past Vendor Performance. The

University may require a demonstration before the award is made. The University

reserves the right to use the demonstration as an additional factor in award. The

University must be confident that the Respondent will perform and meet the needs of

the University. The University will evaluate and make the award on the proposal that

is determined to be the best value to the University based on the criteria listed below.

All proposals must be complete and convey all of the information requested to be

considered responsive. If the proposal fails to conform to the essential

requirements of the RFP, the University alone will determine whether the variances

are significant enough to consider the proposal acceptable and therefore

considered for award.

21.1 Evaluation Criteria and Weights (Points)

Pricing

Vendor History & Past Performance

References & Vendor Experience

TOTAL POINTS

Pricing: Lowest grand total on cost will

receive 50 points. Remaining bids

shall receive points in accordance with

the following formula:

(a / b)(c) = d

Where

a = the lowest cost bid

b = the second (third, fourth, etc.) cost bid

c = 50 (the maximum number of points allowed

for cost)

d = number of points allocated to respective bid

50 pts

30 pts

20 pts

100 POINTS

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22.0 Vendor History & Past Performance

Number of years in business

Number of employees company-wide

Number of employees servicing campus

Annual sales volume company-wide

Summary of past performance and please attach a profile of the company.

22.1 References

Vendors should have a minimum of five (5) years’ experience in multi-story window

cleaning. A minimum of three (3) references is required of similar/comparable

customers. Vendors must include with their response a list of at least one

(1) reference where they have performed work comparable in quality and

scope to that specified in this proposal. This list must include the name,

address and phone number of the owners for whom the prior work was

performed. The University reserves the right to call to verify that a similar

system is installed and inquire about the reliability of the vendor's

performance history. The University further reserves the right to conduct

site visits to vendor's referenced source to confirm this information.

Point of Contact/Company: Phone Number: _

Point of Contact/Company: ___Phone Number: _

Point of Contact/Company: Phone Number: _

A. Permits and Regulations

1. Bidder shall give all necessary notices, obtain all permits and pay all governmental taxes, fees and other costs in connection with this work. Bidder shall file all necessary drawings, prepare all documents and obtain all necessary approvals of all governmental departments and agencies having jurisdiction and obtain all required Certificates of Inspection for this work and deliver same to the University before request for acceptance and final payment for the work.

2. Bidder shall include in the work, without extra additional cost, any labor, materials, services, apparatus, drawings (in addition to the Contract Documents) in order to comply with all applicable laws, ordinances, rules and regulations, whether or not shown on the Contract Documents.

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3. All work for the project must be performed in accordance with all federal, state, and local laws, ordinances, and rules and regulations relating to the work. Where the Contract Documents exceed these requirements, the Contract Documents shall govern. In no case shall work be installed contrary to or below the minimum legal standards.

4. All federal, state, local laws, ordinances, and rules and regulations, etc., pertaining to the work are hereby made a part of this Specification, by reference, the same as if repeated herein in their entirety.

B. Interpretations

1. No oral interpretation will be made to any company as to the meaning of the Contract Documents. Every request for such an interpretation shall be made, in writing, via e-mail to the University. Every interpretation made to a company will be in the form of an Addendum to the Contract Documents which, if issued via e-mail, will be on file in the University Office of Business Affairs. In addition, Addendums will be e-mailed to each company of record, but it shall be the company’s responsibility to make inquiries as to all Addendum issued. All such Addendums shall become part of the Contract Documents and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

Communications:

2. All notices, demands, requests, instructions, approvals, and claims must

be in writing, via the e-mail Andy Fletcher andyf@uark.edu.

3. Any notice to or demand upon the Bidder shall be deemed sufficiently given if delivered at the office of the Bidder stated on the signature page of the Contract or at such other office as the Bidder may from time to time designate in writing to the University or deposited in the United States mail in a sealed, stamped envelope, or if delivered by electronic transmission to the electronic address submitted previously by the Bidder.

4. All papers required to be delivered to the University shall, unless otherwise specified in writing to the Bidder, be delivered to the address stated in the Notice or Invitation to companies, and any notice to or demand upon the University shall be sufficiently given if so delivered, or deposited in the United States mail in a sealed, stamped envelope, or delivered with charges prepaid to such other representatives of the University or to such other address as the University may subsequently specify in writing to the Bidder for such purpose, or delivered by electronic transmission to the electronic address submitted previously by the University.

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C. Protection of Work and Property:

1. Contractor shall continuously maintain adequate protection of all

work from damage and shall protect University property from

injury or loss arising in connection with the Contract. Contractor

shall make good any such damage, injury, or loss and shall

adequately protect adjacent property as provided by law, the

Contract Documents, and as required.

2. Contractor shall take all necessary precautions for the safety of employees on the project, and shall comply with all applicable provisions of federal, state, and local safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. Contractor shall erect, and properly maintain at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against the, but not limited to, hazards created by such features of construction as protruding nails, hoists, well holes, elevator hatchways, scaffolding, window openings, stairways, falling materials. Contractor shall designate a responsible member of the Contractor’s organization whose duties it shall be, but not limited to, the prevention of accidents and enforcement of said requirements.

3. In an emergency affecting the safety of life or of the work of adjoining

property, the Contractor, without special instruction or authorization from

the University and/or the Project Manager, is hereby permitted to act at

their discretion to prevent such threatened loss or injury and they shall so

act, without appeal, if so authorized or instructed.

Contractor shall provide and maintain flags, danger signs, lighted

barricades, rails, lanterns, etc., as required to protect life and limb.

4. Job site safety is the sole responsibility of the Contractor.

5. Contractor shall be responsible and liable for the complete protection

and safety of existing buildings (if any) and/or utilities, trees, bollards,

fencing, etc.

D. Maintenance of Services:

1. All work shall be so planned and executed as to provide continuous

service.

23.0 RESPONDENTS RESPONSIBILITY TO READ RFP

It is the Respondent's responsibility to thoroughly examine and read the entire RFP document. Failure of Respondents to fully acquaint themselves with existing conditions or the amount of goods and work involved will not be a basis for requesting extra compensation after the award of a Contract.

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24.0 PROJECTED TIMETABLE OF ACTIVITIES

The following schedule will apply to this RFP, but may change in accordance with the University's needs:

06/09/16: RFP released to prospective respondents

06/14/16 Mandatory On-site Tour Schedule 06/14/16 through 06/17/16

06/17/16: 4:30 PM CST - Last date/time UAF will accept questions

06/17/16: Last date UAF will issue an addendum

06/28/16: Proposal submission deadline 2:30 PM CST

06/30/16: Vendor presentations if required by the University

07/11/16: Award notification (contract negotiations begin upon award)

25.0 Agency Employees and Agents

The Company shall be responsible for the acts of its employees and agents while performing services pursuant to the Agreement. Accordingly, the Company agrees to take all necessary measures to prevent injury and loss to persons or property while on the University premises. The Company shall be responsible for all damages to persons or property on and off campus caused solely or partially by the Company or any of its agents or employees. Company employees shall conduct themselves in a professional manner and shall not use the University’s facilities for any activity or operation other than the operation and performance of services as herein stated. The University reserves the right to deny access to any individual. The following conduct is unacceptable for the Company’s employees and agents: foul language, offensive or distasteful comments related to age, race, ethnic background or sex, evidence of alcohol influence or influence of drugs, refusal to provide services requested, refusal to make arrangements for additional services needed and general rudeness.

26.0 Tobacco Free Campus

Smoking and the use of tobacco products (including cigarettes, cigars, pipes, smokeless tobacco, and other tobacco products), as well as the use of electronic cigarettes, by students, faculty, staff, contractors, and visitors, are prohibited at all times on and within property, including buildings, grounds, and Athletic facilities, owned or operated by the University of Arkansas and on and within all vehicles on University property, and on and within all University vehicles at any location.

27.0 Disputes

The successful vendor and the University agree that they will attempt to resolve any disputes in good faith. The vendor and the University agree that the State of Arkansas shall be the sole and exclusive venue for any litigation or proceeding that may arise from or in connection with this contract. The vendor acknowledges, understands and agrees that any actions for damages against the University may only be initiated and pursued in the Arkansas Claims Commission. Under no circumstances does the University agree to binding arbitration of any disputes or to the payment of attorney fees, court costs or litigation expenses.

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28.0 Conditions of Contract

The successful bidder shall at all times observe and comply with federal and Arkansas State laws, local laws, ordinances, orders, and regulations existing at the time of or enacted subsequent to the execution of this contract which in any manner affect the completion of work. The successful bidder shall indemnify and save harmless the University and all its officers, representatives, agents, and employees against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or decree by an employee, representative, or subcontractor of the successful bidder.

29.0 Reservation

This RFP does not commit UAF to award a contract, to pay costs incurred in the preparation of a response to this request, or to procure or contract for services or supplies. UAF reserves the right to accept or reject (in its entirety), any response received as a result of this RFP, if it is in the best interest of the University to do so. In responding to this RFP, respondents recognize that the University may make an award to a primary vendor; however, the University reserves the right to purchase like and similar services from other agencies as necessary to meet operation requirements.

30.0 Independent Parties

Vendor acknowledges that under this contract it is an independent vendor and is not operating in any fashion as the agent of the University. The relationship of the vendor & University is that of independent contractors, and nothing in this contract should be construed to create any agency, joint venture, or partnership relationship between the parties.

31.0 Governing Law

The parties agree that this contract, including all amendments thereto, shall be construed and enforced in accordance with the laws of the State of Arkansas, without regard to choice of law principles. Consistent with the foregoing, this contract shall be subject to the Uniform Commercial Code as enacted in Arkansas.

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