Capital Area Council of Governments REQUEST FOR PROPOSALS For Capital Area Emergency Communications District (CAECD)

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Capital Area Council of Governments REQUEST FOR PROPOSALS For Capital Area Emergency Communications District (CAECD) HVAC PROCUREMENT AND INSTALLATION SERVICES The Capital Area Council of Governments (CAPCOG) is a regional planning commission and political subdivision of the State of Texas serving Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Llano, Travis, and Williamson Counties. One of CAPCOG s functions includes the operation of the Capital Area Emergency Communications District (CAECD), a regional emergency communications district and political subdivision of the State of Texas organized under Chapter 772, Subchapter G of the Health and Safety Code to fund and operate a 10- county 9-1-1 program. On behalf of the district, CAPCOG hereby invites proposals from licensed general contractors that offer HVAC Procurement & Installation Services. Contact Person: Sheila Jennings Phone Number: 512-916-6006 E-mail Address: sjennings@capcog.org 1.0 SCHEDULE RFP posting date: Friday, November 17, 2017 Pre-Submittal Meeting/Walk-Through: Friday, December 15, 2017 Deadline to email questions/request site visit: Friday, January 5, 2018 Due date for submitting proposals: Friday, January 26, 2018 at 11:00 a.m. Central Selection of Successful Proposal: Friday, February 9th, 2018 Anticipated date for Executive Committee Approval of Contract: Wednesday, April 11, 2018 NOTICE: Prospective proposers who have received this document from a source other than the issuing office should immediately contact the issuing office and provide their name, company, and email address in order that addendum to the RFP or other communication can be sent to them. Any prospective proposers who fail to provide the issuing office with this information assume complete responsibility in the event they do not receive communications from the issuing office after the RFP opening date.

2.0 REQUEST FOR PROPOSALS FOR HVAC PROCUREMENT & INSTALLATION SERVICES 2.1 One of CAPCOG s functions includes the operation of the Capital Area Emergency Communications District (CAECD), a regional emergency communications district and political subdivision of the State of Texas organized under Chapter 772, Subchapter G of the Health and Safety Code to fund and operate a 10-county 9-1-1 program. On behalf of the district, CAPCOG hereby invites proposals from licensed general contractors that offer HVAC Procurement & Installation Services. The specified equipment to be procured will support a server/technology room located at 6800 Burleson Road, Suite 165, Austin Texas 78744 as specified in this Request for Proposals (RFP). 2.2 This RFP contains submission requirements, scope of services, terms and conditions and other pertinent information for submitting a proper and responsive proposal. Prospective bidder desiring any explanation or interpretation of the RFP must request it at least seven (7) calendar days before the proposal submittal deadline. The request must be addressed to Sheila Jennings, Director of Administration, using the contact information listed below. Any information given to a prospective proposer about this solicitation will be furnished to all other prospective proposers as a written amendment to the solicitation. 3.0 RFP INFORMATION AT A GLANCE 3.1 Contact Person: Sheila Jennings, Director of Administration (512) 916-6006 sjennings@capcog.org 3.2 A pre-submittal meeting will be held at CAPCOG in the Pecan Room on December 15th 2017, at 10:00 A.M. Central Time at 6800 Burleson Road, Suite 165, Austin, TX 78744. Attendance is optional but strongly encouraged. 3.3 All responses to the RFP must be enclosed in a sealed envelope and labeled as follows with the specific information: HVAC Procurement & Services, Due Date and Time: January 26 th, 2018 at 11:00 A.M. Central Time. The RFP response must be addressed to CAPCOG, 6800 Burleson Road, Suite 165, Austin, Texas 78204. 3.4 Late submissions will not be accepted. Early submissions will be held in confidence until the proposal opening. Submissions will be evaluated on the criteria stated in the RFP 3.5 Contact with members of CAPCOG/CAECD other than the contact person shown above, by any Proposer, after publication of the RFP and prior to the execution of a contract with the successful proposer(s) could result in disqualification of your bid. 3.6 In fairness to all proposers during the RFP process, if CAPCOG/CAECD meets in person with anyone representing a proposer of these services to discuss this RFP other than at the presubmittal meeting, an addendum will be issued to address all questions so as to insure no Page 2 of 9

Proposer has a competitive advantage over another. This does not exclude meetings required to conduct business not related to the RFP. 3.7 No official oral interpretation can be made to any proposer as to the meaning of any instruction, condition, specifications, drawing (if any), or any other document issued pertaining to this RFP. Every request for an official interpretation shall be made by the prospective proposer, in writing at least seven (7) days prior to the submission deadline. Official interpretations will be issued in the form of addenda, which will be posted on www.capcog.org but it shall be the prospective proposer s responsibility to make inquiry. All such addenda shall become a part of the RFP documents and the proposed contract with the successful proposer and all proposers shall be bound by such addenda, whether or not received by the prospective or successful proposer(s). 3.8 Attachments to be included with this RFP are: o o o Attachment One CAPCOG Construction Documents Attachment Two Mechanical Compliance Attachment Three Contract Assurances 4.0 GENERAL INSTRUCTIONS & SCOPE 4.1 The proposer shall read this RFP document thoroughly. 4.2 The proposer shall read and be familiar with Attachment One CAPCOG Construction Documents. 4.3 The proposer shall read and be familiar with Attachment Two Mechanical Compliance Certificate. 4.4 The proposer shall complete, sign, and submit the required contract assurances found in Attachment Three. The proposer should also be aware that any contract awarded under this RFP may meet the requirements to file a Form 1295 Certificate of Interested Parties with the State of Texas: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 4.5 Proposer shall conduct all work during working hours unless deemed by CAPCOG to be disruptive to the normal operations of the organization or an emergency. 4.6 Payment shall be made for services rendered and billed by the Contractor and received by CAPCOG on a cost reimbursement methodology upon the completion of satisfactorily executed deliverables. 4.7 Proposers must indicate whether they intend to subcontract any part of the work and identify the subcontractor(s) and organization in the proposal response. All subcontractors will be subject to approval by CAPCOG. All subcontractors will be required to submit qualifications in the same manner as the prime contractor(s). The selected contractor(s) shall have appropriate provisions Page 3 of 9

of its quote ready to be inserted in all subcontracts ensuing to insure fulfillment of all contractual provisions by subcontractors. 4.8 Proposer shall recognize that the exact location of rooftop equipment will require the services of a structural engineer. The structural engineering services shall be included in the proposal. 4.9 Proposer shall use parts specified by Attachment One and Attachment Two or approved equivalents. All parts shall be new and not refurbished. 4.10 Proposer shall clean up the area where the work was performed and shall remove all debris generated by the work from CAPCOG premises. 4.11 Proposer shall repair all damage and return to pre-work condition to walls, doorways, flooring and ceiling caused by work performed. Examples include breaching walls in order to bring scissor lift(s) into the work area. 4.12 Proposer shall recognize that elements of the HVAC System may require the use of a crane. 4.13 Proposer shall understand that all or part of the work to be performed may include entry to a secure facility and all proposer s personnel will require escort while in the facility. 4.14 Proposer shall instruct up to six (6) CAPCOG designated personnel in the operation of the equipment. 5.0 SUBMISSION OF PROPOSAL 5.1 Your PROPOSAL must be received in the Capital Area Council of Governments office no later than 11:00 a.m. (Central), Friday, January 26, 2018. Proposals may either be emailed, mailed or handdelivered. Faxed proposals will not be accepted. Proposals or related documents submitted after the deadline will not be accepted. 5.2 Email address for all proposals is: sjennings@capcog.org. The mailing address for all proposals is: The delivery address is: Capital Area Council of Governments Capital Area Council of Governments Attention: Sheila Jennings Attention: Sheila Jennings 6800 Burleson Road 6800 Burleson Road Building 310, Suite 165 Building 310, Suite 165 Austin, Texas 78744 Austin, Texas 78744 5.3 Proposals received prior to the proposal submittal deadline shall be securely kept, unopened, by CAPCOG. No proposal received after the designated deadline shall be considered. Page 4 of 9

5.4 Proposers are cautioned that any proposal submittal that is time-stamped as being received by CAPCOG after the exact time set as the deadline for the receiving of proposals shall not be considered. 5.5 Procedure to withdrawal proposal submittal: A request for withdrawal of a proposal due to a purported error need not be considered by CAPCOG/CAECD unless filed in writing by the Proposer within 48 hours after the proposal deadline. Any such request shall contain a full explanation of any purported error and shall, if requested by CAPCOG/CAECD, be supported by the original calculations on which the proposal was computed, together with a certification and notarization thereon that such computation is the original and was prepared by the Proposer or his/her agent, who must be identified on the notarized form. The foregoing shall not be construed that such withdrawal will be permitted, as CAPCOG/CAECD retains the right to accept or reject any proposed withdrawal for a mistake. 5.6 When taking exception, prospective Proposers must propose services that meet the requirements of the RFP documents. Exceptions to the specification and/or approved "equal" requests may be discussed at the scheduled pre-proposal conference (if scheduled). All verbal instructions issued by the CAPCOG/CAECD officers not already listed within the RFP documents shall only become official when issued as addenda or as a written answer issued pursuant to receipt of a written question. 5.7 It is understood by all Proposers/prospective Proposers that the proposals are publicly opened and the results will be a matter of public record. When CAPCOG/CAECD has concluded all evaluations, CAPCOG shall notify the successful Proposer. 6.0 EVALUATION OF PROPOSALS 6.1 Each proposal received will first be evaluated for responsiveness (i.e., meeting the minimum requirements as stated in the RFP including all attachments). 6.2 CAPCOG/CAECD shall select a minimum of a three-person panel, using the criteria established below, to evaluate each of the proposals submitted in response to this RFP. 6.3 All persons having familial (including in-laws) and/or employment relationships (past or current) with principals and/or employees of a Proposer will be excluded from participation on CAPCOG s evaluation panel. Similarly, all persons having ownership interest in and/or contract with a Proposer will be excluded from participation on CAPCOG s/caecd s evaluation panel. 6.4 Evaluation Criteria: The evaluation panel will use the following criteria to evaluate each proposal: 6.4.1 Total overall cost of project 6.4.2 Best Value to CAPCOG/CAECD 6.4.3 Evaluation of References for Similar Projects 6.4.4 Evaluation of Proposed Project Plan / Schedule Page 5 of 9

6.5 Unless otherwise prohibited within the RFP documents, a mistake in the cost unit pricing that does not affect the total cost sum submitted may, at CAPCOG s/caecd s discretion, be corrected by submitting a corrected cost form, together with a complete explanation in writing, of how the mistake occurred, to Sheila Jennings at CAPCOG. This mistake must be corrected before the issuance of any contract documents. Such correction shall not operate to give any proposer an advantage over another. 6.6 Irregular Proposal Submittal: A proposal shall be considered irregular for any one of the following reasons, any one or more of which may, at CAPCOG's/CAECD s discretion, be reason for rejection: 6.6.1 If there are unauthorized additions, conditional or alternate proposals, or irregularities of any kind which may tend to make the proposal incomplete, indefinite or ambiguous as to its meaning or give the Proposer submitting the same a competitive advantage over other Proposers. 6.6.2 If the individual cost proposal items submitted by a specific Proposer are unbalanced in the sense that the listed price of any cost item departs by more than 25% from CAPCOG s/caecd s cost estimate for that item. 6.7 Disqualification of Proposers: Any one or more of the following shall be considered as sufficient for the disqualification of a prospective Proposer and the rejection of his/her proposal: 6.7.1 If the bid documents show evidence of collusion among prospective Proposers. Participants in such collusion will receive no recognition as bidders or Proposers for any future work with CAPCOG/CAECD until such participant shall have been reinstated as a qualified bidder or Proposer. 6.7.2 More than one proposal for the same work from an individual, firm, or corporation under the same or different name(s). 6.7.3 Lack of competency, lack of experience and/or lack of adequate machinery, plant and/or other resources. 6.7.4 Failure to comply with any qualification requirements of CAPCOG/CAECD 6.8 Proposer shall practice acceptable safety precautions so as not to cause harm to any persons or property while performing services under this RFP or any resulting contract. Contractor shall follow industry safety standards, and use only industry approved safety equipment in accordance with the manufacturer s specifications in the performance of all duties. 7.0 DEFINITIONS 7.1 Best Value means an assessment to define the best combination of quality, services, time and cost over the useful life of the acquired item. Page 6 of 9

7.2 Contracting Officer when named within an RFP shall be the Executive Director. 7.3 Contract refers to the fully executed written agreement that ensues from the RFP. Whereas all RFP documents are included, by reference, as a part of the ensuing contract, when "contract" is referred to within an RFP document; such is referring to both the RFP documents and the ensuing contract document. 7.4 Contractor and the term "successful Proposer" may be used interchangeably. 7.5 Day(s) unless otherwise specified, shall refer to calendar days. 7.6 Herein shall refer to all documents issued pursuant to the noted RFP, including the RFP documents and the attachments. 7.7 Offer" is the proposal submittal that the Proposer delivers to CAPCOG in response to the RFP. 7.8 Offeror" or "Offerors" are the Proposer or Proposers. 7.9 Parties When the parties, both parties, or either party is stated within the RFP documents or the contract, such refers to CAPCOG and the successful Proposer(s). 7.10 Proposal Bid and/or Proposal Submittal is the "hard copy" document that the Proposer is required to, as detailed within the RFP document, deliver to CAPCOG. 7.11 Protestant is a prospective Proposer or Proposer(s) who feel(s) that he/she has been treated inequitably by CAPCOG and wishes CAPCOG to correct the inequitable condition or situation. To be eligible to file a protest with CAPCOG pertaining to an RFP or contract, the protestant must have been involved in the RFP process in some manner as a prospective Proposer or Proposer. 7.12 Prospective Proposer or Proposer is a firm or individual who has been notified of the RFP solicitation and/or who has requested and/or received the RFP documents and is considering responding with a proposal; a Proposer is a firm or individual who has submitted a proposal in response to the RFP. All terms and conditions shall apply equally to all prospective Proposers as well as Proposers, though prospective Proposers may not, after the deadline set for receiving proposals, receive further notices pertaining to that RFP--meaning, certain notices are only delivered to Proposers and not to prospective Proposers. 7.13 Request For Proposals (RFP) is the competitive proposal process. 7.14 RFP Document(s) When stated in the singular or the plural form, such refers to the body of documents, including attachments and the information posted on www.capcog.org, that CAPCOG makes available to all prospective Proposers wherein are detailed CAPCOG's/CAECD s requirements. 7.15 CAPCOG is the Capital Area Council of Governments. Unless otherwise defined herein or within the ensuing contract, whenever the term "CAPCOG" is used without clearly designating a Page 7 of 9

responsible CAPCOG staff person, the Proposer(s) may assume that responsibility for that item rests with the CAPCOG Project Manager. 7.16 Working Day or working hours is Monday-Friday, 8:00 A.M.- 5:00 P.M. excluding CAPCOG s holidays. 8.0 ADDITIONAL STIPULATIONS 8.1 CAPCOG/CAECD reserves the right to reject any or all proposals, to waive any informality in the RFP process, or to terminate the RFP process at any time, if deemed by CAPCOG/CAECD to be in its best interests. 8.2 CAPCOG/CAECD reserves the right not to award a contract pursuant to this RFP. 8.3 CAPCOG/CAECD reserves the right to determine the days, hours and locations that the successful Proposer shall provide the services called for in this RFP. 8.4 CAPCOG/CAECD reserves the right to retain all proposals submitted and not permit withdrawal for a period of 60 days subsequent to the deadline for receiving proposals. 8.5 CAPCOG/CAECD reserves the right to reject and not consider any proposal that does not meet the requirements of this RFP, including but not necessarily limited to incomplete proposals and/or proposals offering alternate or non-requested services. 8.6 CAPCOG/CAECD shall have no obligation to compensate any Proposer for any costs incurred in responding to this RFP. 8.7 CAPCOG/CAECD reserves the right to, prior to award, revise, change, alter or amend any of the instructions, terms, conditions, and/or specifications identified within the RFP documents issued, within any attachment or drawing, or within any addenda issued. All addenda will be posted on CAPCOG/CAECD s website www.capcog/caecd.org. Such changes that are issued before the proposal submission deadline shall be binding upon all prospective Proposers. 8.8 In the case of rejection of all proposals, CAPCOG/CAECD reserves the right to advertise for new proposals or to proceed to do the work otherwise, if in the judgment of CAPCOG/CAECD, the best interest of CAPCOG/CAECD will be promoted. 8.9 CAPCOG/CAECD reserves the right to require additional information from all Proposers to determine level of responsibility. Such information shall be submitted in the form required by CAPCOG/CAECD within two (2) days of written request. 8.10 In the event any resulting contract is prematurely terminated due to nonperformance and/or withdrawal by the Contractor, CAPCOG/CAECD reserves the right to seek monetary restitution (to include but not limited to withholding of monies owed) from the Contractor to cover costs for interim services and/or cover the difference of a higher cost (difference between terminated Page 8 of 9

Contractor s rate and new company s rate) beginning the date of Contractor s termination through the contract expiration date. 9.0 RESOLUTION OF PROTESTED SOLICITATION OR CONTRACT AWARD An unsuccessful proposer may protest the procurement process by following the procedure as available in the RFP. The protest must be made within five business days of the date the basis of the protest to the procurement process became known or should have become known to the protester, whichever is earlier. The protest must be submitted in writing to CAPCOG, to the attention of the contact person, and identify and be signed by the protester. A protest shall be submitted to CAPCOG to the attention of Sheila Jennings, Director of Administration, (see contact information above). Page 9 of 9