KEN BASS DIRECTOR OF PURCHASING 214 NORTH 5 TH STREET WACO, TEXAS 76701 (254) 757-5016 FAX (254) 757-5068 Notice to Bidders Sealed bids will be received by the McLennan County Purchasing Department at 214 North 5 th Street, Waco, Texas 76701-1302, until 2:00 p.m., Wednesday, June 7, 2017, at which time bids will be opened. Bids must be submitted in a sealed envelope and plainly marked with your Company Name, Company Address and Bid 17-010, Audio-Visual Equipment for Office of Emergency Management to insure proper recognition upon its arrival. A mandatory pre-bid meeting will be held at 2:00 P.M. on Wednesday, May 31, 2017. All perspective Bidders are required to attend. Bidders will meet at the front door of the Office of Emergency Management located at 721 N. 4 th Street, Waco, Texas 76701. For further information, Bidders may call Ken Bass at (254) 759-5627. Please provide one (1) original bid response, two (2) copies of the bid response and one (1) electronic copy of your bid response. No faxed or e-mailed bids will be accepted. Bids received after the closing time will not be accepted. Work performed under a Contract resulting from this bid will be funded, in whole or in part, with funds appropriated through the Texas Commission on Environmental Quality (TCEQ) Local Emergency Planning Committee (LEPC) Grant Program. Attached are specific terms and conditions that are applicable to the LEPC Grant funded activities. The terms and conditions apply to the work performed under this Contract. In the event of conflict between the other terms and conditions of this Contract and the LEPC Grant Documents, the terms and conditions of LEPC Grant Documents shall govern. See documents titled Texas Commission on Environmental Quality Local Emergency Planning Committee Grant Program. BID 17-010 Audio-Visual Equipment for Office of Emergency Management This project includes all work necessary to provide and install the audio-visual equipment requested in this bid in the Office of Emergency Management located at 721 N. 4 th Street Waco, TX 76701. The Bid documents including the LEPC Grant Form may be obtained from the County Purchasing Office, 214 N. 5 th St., Waco, Texas or located on the McLennan County Website http://co.mclennan.tx.us/bids.aspx. Bidders may withdraw bids at any time prior to the official opening. Bidder, to guarantee the authenticity of any change, must initial alterations made before opening time. After the official opening, bids may not be amended or altered, and may not be withdrawn without the approval of the Commissioners Court. Page 1
The County is exempt from Federal Excise Tax and State Sales Tax. Therefore, such taxes must not be included in this bid. The undersigned agrees if this bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. Bids will be lump sum and must be accompanied by a certified check or bid bond in the amount of 5% of the proposed price. The County reserves the right to accept or reject, in part or in whole, any bids submitted; and to waive any technicalities in the best interest of the County. The undersigned affirms that he is duly authorized to execute this bid, that this bid has not been prepared in collusion with any other Bidder, and that the contents of this bid have not been, and will not be, communicated to any other Bidder prior to the official opening of this bid. SPECIFICATIONS McLennan County is requesting bids for providing the audio-visual equipment requested in this bid and the installation of the equipment. Bids must be submitted on the attached Bid form. By returning the bid, Bidders certify agreement to the following: 1. Bid prices must include all charges for transportation to the job site location, 721 N. 4 th Street Waco, TX 76701 2. Invoices must be addressed directly to McLennan County, 214 North 4th St, Suite 100, Waco, Texas 76701-1366. Invoices will be processed after notification that all supplies/services have been received/performed satisfactorily and no unauthorized substitutions have been made. Invoices must be itemized and must reference the McLennan County Purchase Order Number/or Bid Number in order to be processed. A monthly statement is required for any account with an open balance at the end of any month. Payments will usually be made within 30 days after the receipt of an invoice and verification of delivery of goods and/or services. 3. All insurance requirements, including Worker s Compensation, as outlined in Texas Sate Statutes must be met by the successful Bidder prior to any delivery and must remain in effect during the life of this contract. Failure to provide the required certificates upon submission of the bid could result in the bid being declared non-responsive. 4. Any catalog number, brand name or manufacturer s reference used is considered to be descriptive, not restrictive and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality may be considered if the bid is properly noted and fully descriptive information is enclosed. If a notation of substitution is not made, it is assumed that the Bidder is bidding the item specified. All substituted items must be approved by Office of Emergency Management, Frank Patterson before shipping or the item may not be accepted. 5. Continuing non-performance of the Bidder in terms of specifications will be a basis for the termination of the contract by the County. The County will not pay for work, equipment or supplies that are unsatisfactory. Bidders will be given a reasonable opportunity before termination to correct the deficiencies. This, however, must in no way be construed as negating the basis for termination for nonperformance. Page 2
6. The bid award will be based on, but not necessarily limited to, the following factors: a. Unit and/or Total Price b. Special Needs and Requirements of McLennan County c. McLennan County s Experience with the Products Bid d. Vendor s Past Performance Record with McLennan County e. McLennan County s Evaluation of Vendor s Ability to Perform 7. This bid represents to the best of our understanding; the goods, services and/or estimated quantities that McLennan County will need for this project, but we realize that some items may be omitted or some estimated quantities might be incorrect. If additional goods or services or a change in quantity of goods or services that fits the scope of the original bid comes up during the project, the information will be presented to the County Representative, Frank Patterson, 254-750-5911, for approval. The Purchasing Department will request a quote from the contract holder and include this as a change order to the original bid. SCANNED OR RE-TYPED RESPONSE: If, in its response, the Bidder either electronically scans, re-types, or in some way reproduces the County s published bid package, then in the event of any conflict between the terms and provisions of the County s published bid package, or any portion thereof, and the terms and provisions of the response made by the Bidder, the County s bid package as published shall control. Furthermore, if an alteration of any kind to the County s published bid package is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation. Chapter 176 of the Local Government Code creates a filing requirement for persons who contract or are seeking to do business with local government entities to make financial and business disclosures. A vendor or other person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity, or is an agent of a vendor or person who is seeking to contract with the county must file a Conflict Disclosure Questionnaire https://www.ethics.state.tx.us/forms/ciq.pdf within 7 business days of: Beginning contract discussions or negotiations Or submitting an application, response to a request for proposal or bid, Or other communication related to a potential contract. Failure to file a questionnaire is a class C misdemeanor. Note: As part of this bid packet, please mark Not Applicable on any questions that do not apply to your affiliation or business relationship with a McLennan County officer and return with the response package. Please submit the Conflict of Interest Questionnaire with your proposal. If you do not have access to the links provided above please contact Becky Stephens at 254-759-5628 or becky.stephens@co.mclennan.tx.us and we will send by mail or email the list of County Officers that must be considered in the Conflict Disclosure and the Conflict Disclosure Questionnaire. Page 3
Suspension and Debarment The Bidder certifies, to the best of its knowledge and belief, that the Bidder and/or any of its Principals: (a) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (b) Are not listed on the Excluded Parties List System (EPLS) maintained by the General Service Administration (GSA). Note: McLennan County Purchasing Department will check the Excluded Parties List before award of any contract. (c) Have not, within a 3-year period preceding this offer, been convicted of or had a civil Judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; (d) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above. (e) The Bidder has not, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. Name Title Date STATE OF TEXAS DEBARRED VENDOR LIST The Offeror certifies that they are not in the list of vendors debarred from doing business with the State of Texas. Name Title Date Page 4
CERTIFICATE OF INTERESTED PARTIES House Bill 1295 creates a new filing requirement for persons who contract with local government entities. This may be found in Chapter 2252 of the Government Code The County may not enter into a contract with a business entity unless the business entity submits a disclosure of interested parties to the County at the time the business entity submits the signed contract to the County. This applies to a contract of the County that requires an action or vote by the governing body of the County before the contract may be signed. The McLennan County Commissioners Court must approve every contract submitted to the County. The disclosure of interested parties must be submitted on a form prescribed by the Texas Ethics Commission https://www.ethics.state.tx.us/forms/1295.pdf. Note: this form does not have to be filled out and submitted with the bid or proposal. It will need to be completed after a contract has been tendered and the contract will not be considered complete until this form has been completed. Insurance All insurance requirements, including Workers Compensation, as outlined in the Texas State Statutes shall be met prior to any delivery and shall remain in effect during the life of this contract. Vendors will be required to provide a certificate of insurance for general liability, automobile, and workers compensation with the bid worksheet. Workers Compensation. The Vendor shall procure and provide workers compensation insurance for all of its employees, and for subcontractors or other persons/entities for which it might be liable, meeting the standards of Texas law and any applicable federal law. Liability Coverage. Seller shall procure and provide Commercial General Liability Insurance in at least the following policy limits: $300,000 Each Occurrence $100,000 Per Person Purchaser shall be named as an additional insured. Employee Liability Coverage. Proof of Insurance. Certificates of insurance acceptable to Purchaser shall be filed with Purchaser prior to commencement of the work. Subrogation Waiver. Policies shall contain a waiver of subrogation endorsement waiving subrogation rights against Purchaser. Policy Cancellation Notice. Each policy shall be endorsed to state that coverage cannot be suspended, voided, cancelled or reduced without at least 30 days prior written notice to Purchaser. Worker s Compensation Insurance Subcontractors. If the Vendor does not procure worker s compensation insurance for a subcontractor as part of the subcontract, the subcontractor must carry worker s compensation insurance as set out above. Subcontractors must provide proof of such insurance before working on the Project. Page 5
In summary, Vendor agrees to maintain General Liability Insurance, Worker s Compensation and Employer s Liability Insurance to cover all its personnel engaged in the performance of the services herein described. Vendor further agrees to require its subcontractor(s), if any, to maintain General Liability Insurance, Worker s Compensation and Employer s Liability Insurance. Bid, Performance and Payment Bond 1. Vendor shall provide a bid bond in the amount of five percent (5%) of the total contract price. Said bond shall be executed by a corporate surety or sureties duly authorized by the State of Texas to issue surety bonds. Said bond(s) shall be in the form required by Texas law, and acceptable to the County, and shall be payable to the County. 2. Contractor shall provide a performance bond in the amount of the bid conditioned on faithful performance of the work for the Project in accordance with the plans and specifications. Said bond shall be executed by a corporate surety or sureties duly authorized by the State of Texas to issue surety bonds. Said bond(s) shall be in the form required by Texas law, and acceptable to the Owner, and shall be payable to the Owner. 3. Contractor shall provide a payment bond guaranteeing payment of laborers, contractors, subcontractors, and materialmen in the full amount of the GMP for the Project work. Such bond shall be executed by a corporate surety or sureties duly authorized and admitted to do business in the State of Texas to issue surety bonds. Said bond(s) shall be in the form required by Texas law, be in a form acceptable to the Owner and be payable to the Owner. If a GMP has not yet been agreed to, the bond shall be in the sum of the Project Budget. Once a GMP has been agreed to, the payment bond may be reformed to be in that amount. 4. The Performance and Payment Bonds shall be provided by the Contractor to the Owner not later than the 10th day after this Agreement is executed. Retainage A five percent (5%) retainage will be held to the completion of the project if progress payments are requested for this project. Frank Patterson, from the Office of Emergency Management will be the Owner s Representative and will be responsible for the final inspection and acceptance. Termination for Cause In the event of breach or default of this contract or any other additional agreement containing terms necessary to ensure compliance with the Bidder s proposal, McLennan County reserves the right to enforce the performance of this contract or any additional agreement by any manner prescribed by law or deemed to be in the best interest of McLennan County. At McLennan County s sole discretion, the Bidder may be given a reasonable opportunity to cure its breach or default prior to McLennan County s termination under this provision. McLennan County s option to offer time to cure a default or breach shall, however, in no way be construed as negating the basis for termination for non-performance. Termination for Convenience McLennan County may terminate this contract and/or any additional agreement containing terms necessary to ensure compliance with the Bidder s proposal, for convenience and without cause or further liability, upon thirty (30) days written notice to Bidder. In the event McLennan County exercises its right to terminate without cause, it is understood and agreed that only the amounts due to Bidder for goods, commodities and/or services Page 6
provided and expenses incurred to and including the date of termination, will be due and payable. No penalty will be assessed for McLennan County s termination for convenience. Liability and Indemnification Contractor agrees and understands that neither it, nor its employees, contractors, or subcontractors, shall be deemed employees of the Owner, and that Contractor is an independent contractor for all purposes. Furthermore, Contractor agrees to and shall indemnify and hold harmless the Owner, its officials, officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs and attorney's fees for injury, sickness or death to any person, or for any damage to or destruction of property, including loss of use resulting therefrom, caused in whole or in part by the negligent acts or omissions of the Contractor, a contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether such injuries, death or damages are caused by the parties/persons indemnified hereunder. Project Requirements: Provide labor, materials, equipment, tools and services, obtain any necessary permits, and perform operations required for, and reasonably incidental to, the procurement and installation of audio-visual equipment in the Office of Emergency Management, located at 721 North 4 th Street, Waco, TX 76701. Bidder will be responsible for but not limited to the items listed in the Approved Purchase List. See list in Bid Worksheet. The Labor component that is included in this list of items must include the labor to install equipment that exists in the current EOC and is being moved to the new location. A Floor Plan of the Office of Emergency Management is included; it is labeled Waco IT-EM Floor Plan. Other general notes: The estimated quantity of each item listed is only an estimate; the actual quantity to be purchased may be more or less. The County is not obligated to purchase any minimum amount, and the County may purchase any reasonable amount greater than the estimate for the same unit price. Any limit on quantities available must be stated expressly in the proposal. The total cost of the project will include mobilization, traffic control, demobilization, and project management costs. Contractors shall comply with all local, state, and Federal rules, regulations, ordinances, codes, and laws relating to the work or the conduct thereof, and shall secure and pay for any permits and licenses necessary for the execution of the work. The cost of permits is to be included in the proposal price. McLennan County requires that Contractors utilize the Davis-Bacon Act in determining prevailing wages. The Davis-Bacon Act applies to federally funded or assisted projects. Contractors and subcontractors must pay laborers and mechanics employed directly upon the site of the work at least the locally prevailing wages (including fringe benefits), listed in the Davis-Bacon wage determination in the contract for the work performed. Davis-Bacon labor standards clauses must be included in covered contracts. The Davis-Bacon wage determinations are published on the Wage Determinations On Line (WBDL) website. Note: The County will assess a $100 per day amount for damages for each day the contractor exceeds the calendar days stated in the proposal that will be required to complete the project. For any changes in the Bid please check the McLennan County Purchasing website under bids http://co.mclennan.tx.us/bids.aspx. Page 7
Scope, Quality of Work, Safeguards, Guarantee The selected Bidder must provide any components required completing the scope of work described in this document. The specified scope of work must conform to all standards referenced in this document. All changes that require funds not listed in the Bidder s response will require change order approval by the County. The County will not pay for any work and material provided without change order approval to the Vendor. All work shall be done in a workmanlike manner by workmen skilled in their respective trades, and all materials furnished shall be new and the best of their respective kinds, unless otherwise specified. The work shall be completed within the time stated in the contract, but the Bidder shall not be liable for delays due to causes beyond his/her reasonable control as determined by McLennan County. The Bidder will comply with McLennan County's performance schedule unless the County formally declares and approves an extended time interval for work completion and system acceptance. See Note on Damages. The Bidder shall provide all necessary safeguards for safety and protection, as set forth by the United States Department of Labor, Occupational Safety and Health Administration. Safety precautions shall be observed at all times while performing work on McLennan County property. The Bidder shall be liable and responsible for any damage to the premises caused by Bidder personnel or equipment during installation and is responsible for the removal of all project-related debris. Unless otherwise stipulated, Bidder shall provide, and pay for, all materials, labor, tools, equipment, transportation, necessary permits and other facilities necessary for the performance and completion of the work. Any pieces too bulky for existing facilities shall be hoisted and otherwise handled with apparatus as required. All parts not specifically mentioned which are necessary to provide described items shall be included in the proposal and shall conform in strength and quality of material and workmanship to what is usually provided to the trade in general. When providing quotes/bids for projects in which the County is receiving grant funding, the vendor understands and agrees that it must follow all grant requirements and must provide the County will all documentation necessary to comply with those requirements. This scope of Work does not override any Terms and Conditions listed in the grant contract. Page 8
PROPOSAL WORKSHEET In accordance with the terms and conditions of BID 17-010 Audio-Visual Equipment for Office of Emergency Management with full knowledge of the terms and conditions; we agree to furnish labor, materials, equipment and services for the price indicated below: Project: Turnkey *Price (turnkey, includes labor & materials): **Projected calendar days to complete project: Payment Bond: Performance Bond: I acknowledge that there is information required in the Grant documents that I will be responsible for providing to McLennan County Representative: Yes Please Initial *Please provide the pricing in the format provided in the Approved Purchase List. Purchases that differ from those included in the Approved Purchase List provided in the Grant Scope of work will be submitted in writing and must be approved by the Grant Manager prior to purchase. **Note: the calendar days required to complete project will be used to assess damages if exceeded by the contractor. Have enclosed the 5% bid bond with this Proposal Bidder shall provide with this response, all documentation required by this bid. Failure to provide this information may result in rejection of the bid. References: List three (3) references for which Bidder has supplied similar services, equipment and/or supplies. Please include phone number, email and name of contact person. Other governmental units are preferred. Business Person Phone Number/email Page 9
The undersigned affirms that they are duly authorized to execute this bid on behalf of their company and, that this bid has not been communicated to any other vendor prior to the official opening of this Bid. The undersigned affirms that the Company they represent agrees to the terms, conditions and specification requirements of this Bid and if the Bid is awarded the Bid will be construed as the contractual agreement. All unsigned bids will be disqualified Signature: Name: Title: Phone No: Fax No: Email: Check the McLennan County web site periodically for any updates/addenda to our bids/proposals. http://countyofmclennan.us/mclennanweb/purchasing/currentbids.aspx Page 10