Page 1 of 13. Section 2 - Executive Summary 2.1 Historical Background 2.2 Project Description, Scope and Budget 2.3 Project Planning Schedule

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1 Section 1 - General Information and Requirements 1.1 General Information 1.2 Public Information 1.3 Type of Contract 1.4 Clarifications and Interpretations 1.5 Submission of Bids 1.6 Point-Of-Contact 1.7 Evaluation of Bids 1.8 Owner s Reservation of Rights 1.9 Validity Period 1.10 Acceptance of Evaluation Methodology 1.11 No Reimbursement for Costs 1.12 Pre-Submittal Conference 1.13 Eligible Respondents 1.14 Required Notices of Worker s Compensation Insurance Coverage 1.15 Prevailing Wage Rate Determination 1.16 Unique ARRA Requirements 1.17 Sales and Use Taxes Section 2 - Executive Summary 2.1 Historical Background 2.2 Project Description, Scope and Budget 2.3 Project Planning Schedule Section 3 - Submittal Requirements For Statement of Bids 3.1 Respondents Ability to Provide Construction Services 3.2 Bidders Affirmations Section 4 - Respondent s Base Pricing and Delivery Bid 4.1 Total Base Price 4.2 Base Delivery Schedule Section 5 Execution of Offer EXHIBITS Exhibit A - Project specifications Exhibit B Requirements for use of American Recovery and Reinvestment Act funds Exhibit C Davis-Bacon wage guidance Exhibit D Davis-Bacon wage determination for Galveston County Exhibit E Form SF-1444 request for unlisted wage classification Exhibit F ARRA Sub- recipient s Contractor s Affidavit Exhibit G Form WH-347 Weekly payroll report Exhibit H Buy American Certification Exhibit I American Recovery & Reinvestment Act Recipient Affidavit Exhibit J Tax Exemption Certificate Page 1 of 13

2 Section 1 - General Information and Requirements 1.1 GENERAL INFORMATION: The City of Santa Fe ( Owner )is soliciting Competitive Sealed Bids ( ITB or Bids ) for selection of a contractor to replace the air conditioning system at the Santa Fe City Hall at Hwy. 6, Santa Fe, Texas , ITB No.: AC SYSTEM REPLACEMENT ( Project ), in accordance with the terms, conditions, and requirements set forth in this Invitation to Bid This Invitation to Bid ( ITB ) is the only step for selecting a Contractor for the Project. The ITB provides the information necessary to prepare and submit Competitive Sealed Bids for consideration and ranking by the Owner The Owner may select the Bid that offers the best value for the institution based on the published selection criteria and on its ranking evaluation. The Owner may first attempt to negotiate a contract with the selected offeror. The Owner may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the Owner is unable to reach a contract with the selected offeror, the Owner may formally end negotiations with that offeror and proceed to the next best value offeror in the order of the selection ranking until a contract is reached or all bids are rejected. 1.2 PUBLIC INFORMATION: All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter , et seq.) after the solicitation is completed The Owner strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of ITB information. 1.3 TYPE OF CONTRACT: The work will be awarded under as a Lump-Sum contract to the Respondent offering the best value to the Owner. Page 2 of 13

3 1.4 CLARIFICATIONS AND INTERPRETATIONS: Any clarifications or interpretations of this ITB that materially affect or change its requirements will be issued by the Owner as an Addendum. It is the responsibility of all respondents to obtain this information in a timely manner. All such Addenda issued by the Owner before the bids are due as part of the ITB, and respondents shall acknowledge receipt of each Addendum to the ITB and/or the Bid Documents in its Bid ADDENDUM MAY BE ISSUED BY THE POINT-OF-CONTACT FOR THIS ITB VIA THE CITY OF SANTA FE WEBSITE: No oral explanation in regard to the meaning of the Bidding Documents will be made and no oral instructions will be given before the award of the contract. Discrepancies, omissions or doubts as to the meaning of the Specifications shall be communicated in writing to the Project Point-Of-Contact for interpretation. Any interpretation made will be in the form of an Addendum, which will be forwarded to all known plan holders and its receipt by the respondent shall be acknowledged on the Respondent s Base Pricing and Delivery Bid Form, Section SUBMISSION OF BID: BID DEADLINE AND LOCATION: The Owner will receive Bids at the time and location described below. Friday, July 15, 2011 at 10:00 A.M. CST Diana Steelquist, Director of Community Services City of Santa Fe Hwy. 6 Santa Fe, Texas Submit TWO (2) identical copies of the Bid Bids that are received late will be returned to the respondent unopened. The Point-of-Contact identified in Section 1.6 will identify the official time clock at the Bid submittal location identified above Page 3 of 13

4 The Owner will not acknowledge or receive Bids that are delivered by telephone, facsimile (fax), or electronic mail ( ) Properly submitted Bids will not be returned to the respondents Bids materials must be enclosed in a sealed envelope addressed to the Point-of- Contact identified in Section 1.6; the package must clearly identify the submittal deadline, the ITB Number, and the name and return address of the Respondent. 1.6 POINT-OF-CONTACT : The Owner designates the following person, as its representative and Point-of-Contact for this ITB. Respondents shall restrict all contact to format with the Owner and direct all questions regarding this ITB, including questions regarding terms and conditions, to the Point-of-Contact person. Diana Steelquist, Director of Community Services City of Santa Fe P.O. Box 950 Santa Fe, Texas Diana@ci.santa-fe.tx.us Last day for question(s) submittal is Monday, July 11, 2011 at 10:00 AM CST. All questions shall be submitted in writing by electronic mail to the individual specified above. 1.7 EVALUATION OF BIDS: The evaluation of the Bids shall be based on the requirements described in this ITB. One Hundred percent (100%) of the evaluation will be based on the Respondent s Pricing & Delivering Bid. All properly submitted Bids will be reviewed, evaluated, and ranked by the Owner. 1.8 OWNER S RESERVATION OF RIGHTS: The Owner may evaluate the Bids based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Bids and re-solicit for new Bids, or to reject any and all Bids and temporarily or permanently abandon the Project. Owner reserves the right to award any, all, or none of the Project. Owner makes no representations, written or oral, that it Page 4 of 13

5 will enter into any form of agreement with any respondent to this ITB for any project and no such representation is intended or should be construed by the issuance of this ITB. 1.9 VALIDITY PERIOD: Bids are to be valid for the City of Santa Fe s acceptance for a minimum of one hundred and twenty (120) days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Bids, if accepted, shall remain valid for the life of the Contract ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Bids in response to this ITB, the Respondent accepts the evaluation process and acknowledges and accepts that determination of the best value Respondent will require subjective judgments by the Owner The Owner reserves the right to consider any Bids non-responsive if the Base Bid Cost is determined to be unreasonable or irresponsible in relation to the other submitted Bids and/or the Owner s estimate of the construction cost NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the respondent s participation in this ITB process shall be at the sole risk and responsibility of the respondent. Respondents submit Bids at their own risk and expense PRE-SUBMITTAL CONFERENCE: A pre-submittal conference will be held at the time and location described below: Monday, June 27, 2011 at 2:30 P.M. CST City of Santa Fe City Hall Hwy. 6 Santa Fe, Texas A guided tour of the areas related to this project will be included as a part of the conference agenda. This may be the only opportunity for potential respondents to Page 5 of 13

6 view the Project site(s) before the submittal of Bids. Attendance at the pre-bid conference is not required ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may apply (This does not preclude a respondent from using consultants.) The Owner will contract only with the individual firm or formal organization that submits a Bid REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE : The Texas Workers' Compensation Commission has adopted rule, 28 TAC, sec , relating to REPORTING REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES. The rule applies to all building or construction contracts advertised for bid on or after September 1, The rule implements sec , Texas Labor Code, which requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The requirements of the rule are set forth in Article 6 of the Uniform General Conditions PREVAILING MINIMUM WAGE RATE DETERMINATION: Respondents are advised that the Texas Prevailing Wage Law will be administered in accordance with the most recent Davis-Bacon minimum wage requirements for Galveston County, Texas. Additional Wage Determination /authorization for HVAC laborers can be requested through UNIQUE ARRA REQUIREMENTS: This project is funded through the Federal Energy Efficiency and Conservation Block Grant and has unique contract requirements. Details are available at Highlights include compliance with the Buy American provision, a written waste disposal plan, and Davis- Bacon wages SALES AND USE TAXES: The City of Santa Fe is a governmental entity and is exempt from all sales and use taxes. Section 2 - Executive Summary 2.1 Page 6 of 13

7 HISTORICAL BACKGROUND The City of Santa Fe was incorporated in It has an area of approximately 13 square miles and a n area including extra-territoria l jurisdiction of approxim ately 12 square miles. City Hall is located at N and W Temperatures are mild in winter and hot and humid in the summer. The weather environment is heavily influenced by the proximity to the Gulf of Mexico and is typical for the southeast Texas Gulf Coast area. The current city population according to the 2010 census is approximately 12, CITY ORGANIZATION: The City is a ch artered home-rule city, operated by a City Council/City Manager structure. Elected officials include a Mayor and five atlarge City Council Members CITY FACILITIES: The City Hall is located at Hwy. 6. The building was originally built in the 1930 s and has served as a general store, grocery store, hardware store and since 1995 as the Santa Fe City Hall. The Police Building was built in 1973 and served as a volunteer fire department and then as city hall. It was converted to the city police and jail facility in PROJECT DESCRIPTION, SCOPE AND BUDGET Replace one 5 ton roof t op unit, one 5-ton and one 10-ton split air conditioning system s along with necessary updates to thermostats, ducts, insulation, dampers and air registrars in the Santa Fe City Hall located at Hwy. 6, Santa Fe, Texas BUDGET: Grant funds available for this project equal $47, TEXAS HISTORICAL COMMISSION: All projects associated with Federal Grant Award Number DE-EE have been reviewed and exempted by the Texas Historical Commission. 2.3 PROJECT SCHEDULING The successful respondent will have 45 days to complete the installation and start up of the air conditioning systems. Work will be done before or after regular City Hall business hours. Other times must be pre-approved by the City Manager. Regular hours include Monday Thursday from 7:30 AM to 5:30 PM. Friday from 7:30 AM to 12:00 PM. No work can be conducted during regular City Council meetings held at 7:00 PM on the second and fourth Thursday of each month. Page 7 of 13

8 Section 3 - Submittal Requirements 3.1 RESPONDENTS ABILITY TO PROVIDE CONSTRUCTION SERVICES The Respondent complies with federal, state and local non-discrimination laws and regulations in conducting of business. The Respondent certifies that they are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State of Federal court or voluntarily excluded from covered transactions by any Federal department or agency. 3.2 BIDDER S AFFIRMATIONS A. Bidder acknowledges and agrees that (1) this ITB is a solicitation for a bid and is not a contract or an offer to contract; (2) the submission of a bid by Bidder in response to this ITB will not create a contract between CITY OF SANTA FE and Bidder; (3) CITY OF SANTA FE has made no representation or warranty, written or oral, that one or more contracts with CITY OF SANTA FE will be awarded under this ITB; and (4) Bidder will bear, as its sole risk and responsibility, any cost arising from Bidder s preparation of a response to this ITB. B. Bidder is a reputable company that is lawfully and regularly engaged in providing products and/or performing the services. C. Bidder has the necessary experience, knowledge, abilities, skills, and resources to provide the products and/or perform the services. D. Bidder is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances. E. Bidder understands (i) the requirements and specifications set forth in this ITB and (ii) the terms and conditions set forth under which Bidder will be required to operate. F. If selected by CITY OF SANTA FE, Bidder will not delegate any of its duties or responsibilities under this ITB or any resulting order to any subcontractor, except as expressly provided in the order. G. If selected by CITY OF SANTA FE, Bidder will maintain any insurance coverage as required by the order and/or contract during the term thereof. H. All statements, information and representations prepared and submitted in response to this ITB are current, complete, true and accurate. Bidder acknowledges that CITY OF SANTA FE will rely on such statements, information and representations in selecting the successful Bidder. If selected by CITY OF SANTA FE, Bidder will notify CITY OF SANTA FE immediately of any material change in any matters with regard to which Bidder has made a statement or representation or provided information. I. Bidder will defend, indemnify, and hold harmless CITY OF SANTA FE, the City s officers, agents and employees, from and against all claims, actions, suits, demands, costs (including, but not limited to reasonable attorneys' fees), damages, and liabilities, arising out of, connected with, or resulting from any negligent acts or omissions or willful Page 8 of 13

9 misconduct of Bidder or any agent, employee, subcontractor, or supplier of Bidder in the execution or performance of any order, contract or agreement resulting from this ITB. J. Bidder offers and agrees to provide the products and/or furnish the services to CITY OF SANTA FE and comply with all terms, conditions, requirements and specifications set forth in this ITB. K. Bidder affirms that it has not given or offered to give, nor does Bidder intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with its submitted bid. L. Bidder hereby certifies that neither Bidder nor any firm, corporation, partnership or institution represented by Bidder, or anyone acting for such firm, corporation or institution, has violated the antitrust laws of the State of Texas, codified in Section 15.01, et seq., Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. M. Bidder certifies that the individual signing this document and the documents made a part of this ITB, is authorized to sign such documents on behalf of Bidder and to bind Bidder under any agreements and other contractual arrangements that may result from the submission of Bidder s bid. N. Bidder certifies as follows: "Under Section , Family Code, relating to child support, Bidder certifies that the individual or business entity named in the Bidder s bid is not ineligible to receive the specified award and acknowledges that any agreements or other contractual arrangements resulting from this ITB may be terminated if this certification is inaccurate." O. Bidder certifies that (i) no relationship, whether by blood, marriage, business association, capital funding agreement or by any other such kinship or connection exists between the owner of any Bidder that is a sole proprietorship, the officers or directors of any Bidder that is a corporation, the partners of any Bidder that is a partnership, the joint venturers of any Bidder that is a joint venture or the members or managers of any Bidder that is a limited liability company, on one hand, and an employee of any component of the City of Santa Fe, on the other hand, other than the relationships which have been previously disclosed to City in writing and (ii) Bidder has not been an employee of the City of Santa Fe within the immediate twelve (12) months prior to the Submittal Deadline. All disclosures by Bidder in connection with this certification will be subject to administrative review and approval before the City enters into a contract or agreement with Bidder. P. By signature hereon, Bidder certifies that in accordance with Section , Government Code, no compensation has been received for its participation in the preparation of the requirements or specifications for this ITB. In addition, Bidder certifies that an award of a contract to Bidder will not violate Section , Government Code, prohibiting the CITY OF SANTA FE from entering into a contract that involves financial participation by a person who, during the previous five years, has been Page 9 of 13

10 convicted of violating federal law or assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, Hurricane Katrina, or any other disaster occurring after September 24, Pursuant to Sections and , Government Code, Bidder certifies that Bidder is not ineligible to receive the award of or payments under the Contract and acknowledges that the Contract may be terminated and payment withheld if these certifications are inaccurate. Q. Bidder certifies its compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action. R. Bidder represents and warrants that all products and services offered to CITY OF SANTA FE in response to this ITB meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law ) and the Texas Hazard Communication Act, Chapter 502, Health and Safety Code, and all related regulations in effect or proposed as of the date of this ITB. S. Bidder certifies that, except for restrooms and wash rooms: (1) it does not maintain or provide for its employees any segregated facilities at any of its establishments and that it does not permit its employees to perform their services at any location under its control where segregated facilities are maintained; (2) it will not maintain or provide for its employees any segregated facilities at any of its establishments; and (3) it will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. A breach of this certification is a violation of the Equal Opportunity clause. The term segregated facilities means any waiting rooms, work areas, rest rooms and wash rooms, entertainment areas, and transportation or housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin, because of habit, local custom, or otherwise. Bidder further agrees that, except where it has contracts prior to the award with subcontractors exceeding $10, which are not exempt from the provisions of the Equal Opportunity clause, Bidder will retain the certifications for each one of its subcontractors in Bidder s files, and that it will forward the following notice to all proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NON-SEGREGATED FACILITIES - A Certification on Non-segregated Facilities must be submitted prior to the award of any subcontract exceeding $10, which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e. quarterly, semiannually, or annually). Bidder understands that the penalty for making false statements regarding the subject matters of this Section is prescribed in 18 U.S.C Page 10 of 13

11 T. Bidder confirms that neither Bidder nor its Principals are suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from the award of contracts from State of Texas or United States ( U.S. ) federal government procurement or non-procurement programs, or are listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs ( issued by the U.S. General Services Administration. Principals means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g. general manager, plant manager, head of a subsidiary, division or business segment, and similar positions). Bidder will provide immediate written notification to the CITY OF SANTA FE if, at any time prior to award, Bidder learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance will be placed when the CITY OF SANTA FE executes this Contract. If it is later determined that Bidder knowingly rendered an erroneous certification, in addition to the other remedies available to the CITY OF SANTA FE, the CITY OF SANTA FE may terminate this Contract for default by Bidder. U. Bidder covenants and agrees that as required by Section , Texas Government Code, in performing its duties and obligations under any resulting order, contract or agreement, Bidder shall purchase products and materials produced in Texas when such products and materials are available at a price and delivery time comparable to products and materials produced outside of Texas. V. Bidder will and has disclosed, as part of its bid, any exceptions to the certifications stated herein. All such disclosures will be subject to administrative review and approval prior to the time THE CITY OF SANTA FE makes an award or enters into any order, contract or agreement with Bidder. Page 11 of 13

12 SECTION 4 RESPONDENT S BASE PRICING AND DELIVERY BID TO: The City of Santa Fe Attn: Diana Steelquist, Director of Community Services BY: (Company Name) (Address) (City, State, Zip Code) (Date) PROJECT: ITB AC System Replacement Dear Ms. Steelquist: Having carefully examined the Project Requirements, the General Conditions, the Plans and Specifications and any Addenda to the Plans and Specifications as prepared by the City of Santa Fe (Project Owner), as well as the premises and all conditions affecting the work, the undersigned promises to furnish all equipment, labor, materials, supervision and services required to complete the entire work in complete accordance with the above document for the following firm, fixed prices 4.1 TOTAL BASE PRICE Price: $ DOLLARS NOTE: Amounts shall be shown in both written and figure form. In the event of a discrepancy between the written amount and the figure amount, the written amount shall govern. 4.2 BASE DELIVERY SCHEDULE Indicate total time for completion of entire project. Start Date: Completion Date: Total number of calendar days: Time is of the essence in the performance of Contractor s duties. Failure of the Contractor to notify the CITY OF SANTA FE sufficiently in advance of inability to complete within the delivery schedule, shall grant the CITY OF SANTA FE the option of imposing liquidated damages in the amount of one hundred and fifty dollars ($150.00) per calendar day. Notwithstanding the foregoing, the CITY OF SANTA FE shall have no obligation to accept late performance or waive timely performance by Contractor. The undersigned acknowledges that he has read and complies with the Bidding Requirements and General Requirements and Terms and Conditions of this ITB. The undersigned acknowledges receipt of the following Addenda to this ITB: Page 12 of 13

13 Submitted by: Company Name Date Authorized Signature Printed Name and Title Page 13 of 13