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Contract - Mechanical & Process Systems, LLC - 9/27/2018 (2)
CITY OF ROUND ROCK AGREEMENT FOR PLUMBING SERVICES WITH MECHANICAL & PROCESS SYSTEMS LLC THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS Agreement for purchase of plumbing services for the City of 441, Rock, Texas (referred to herein as the "Agreement"), is made and entered into on this the day of the month of 2018, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City") and MECHANICAL & PROCESS SYSTEMS, LLC, whose offices are located at 1804 Central Commerce Court, Round Rock, Texas 78664 (referred to herein as the "Vendor"). RECITALS: WHEREAS, City desires to purchase plumbing services, and City desires to procure same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the Bid submitted by the Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified services and Vendor is obligated to pay for said services. The Agreement includes the following: (a) City's Invitation for Bid, designated Solicitation Number 18-026; (b) Vendor's Response to the IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: 00406636/ss2 (1) This Agreement; (2) Vendor's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. 2.01 EFFECTIVE DATE; TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect, unless and until it expires by operation of the term stated herein, or until terminated as provided herein. B. The term of this Agreement is for sixty months (60) months from the effective date hereof. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement, with or without cause, or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the services as outlined in the IFB and Response to IFB submitted by Vendor, all as specified in Exhibit "A," attached hereto and incorporated herein by reference. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The services which are the subject of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 2 4.01 PRIMARY AND SECONDARY PROVIDERS The parties specifically acknowledge and agree that Vendor shall be considered as one of the two (2) providers for specified goods and services set forth in the Contract Documents and Vendor shall be considered the secondary provider. Vendor specifically further acknowledges and agrees that this Agreement is not an exclusive Agreement. City may, in its sole and unfettered discretion, elect to use either Vendor or secondary provider in whatever order it deems to be the "best value" for the City. City is not obligated to use or purchase any estimated annual quantity of goods, and no guarantee is made of any minimum or maximum purchase. 5.01 ITEMS AWARDED; SCOPE OF WORK A. All bid items listed on "Attachment A—Bid Sheet" in Exhibit "A" are awarded to Vendor. B. For purposes of this Agreement, City has issued documents delineating the required services (specifically Invitation for Bid Solicitation Number 18-026. Vendor has issued its response agreeing to provide all such required service in all specified particulars. All such referenced documents are included in Exhibit "A." When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. C. Vendor shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 2.01. Vendor's undertakings shall be limited to performing services for the City and/or advising City concerning those matters on which Vendor has been specifically engaged. Vendor shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 6.01 COSTS A. Only if, as, and when needed by City, the bid costs listed on Attachment A—Bid Sheet of Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by Vendor. B. Vendor specifically acknowledges and agrees that City is not obligated to use any estimated quantity of services, and City may not expend in excess of Three Hundred Thousand and No/100 Dollars ($300,00.00) per year for Vendor's services combined with the secondary provider's services for a total not to exceed amount of One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00) for the term of this Agreement. 7.01 INVOICES All invoices shall include, at a minimum, the following information: 3 A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received or services provided; and C. Delivery or performance dates. 8.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F. Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City's bid, with the consent and agreement of the successful vendor(s) and the City. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently- negotiated "piggyback"procurements. 9.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 10.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not apply to payments made by City in the event: 4 A. There is a bona fide dispute between City and Vendor, a contractor, a subcontractor or supplier about the goods delivered or the service performed that cause the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 11.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 12.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 13.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products or services from another supplier or suppliers. 14.01 INSURANCE Vendor shall meet all requirements as stated in the attached IFB Number 18-026, including all attachments and exhibits thereto, and Vendor's bid response. 15.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: 5 Pete Dominguez Facilities Manager 212 Commerce Cove Round Rock, Texas 78664 512-671-3144 ydominyuez9roundrocktexas Kov 16.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 17.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 18.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty(30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten(10) days' written notice to Vendor. 6 C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 19.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. B. Vendor acknowledges and understands that City has adopted a Storm Water Management Program (S WMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14- 152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination System (TPDES). The Vendor agrees to perform all operations on City-owned facilities in compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into the MS4. The Vendor agrees to comply with of the City's stormwater control measures, good housekeeping practices and any facility specific stormwater management operating procedures specific to a certain City facility. In addition, the Vendor agrees to comply with any applicable TCEQ Total Maximum Daily Load (TMDL) Requirements and/or I-Plan requirements. 7 C. In accordance with Chapter 2270, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott Israel at any term of this Agreement. 21.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 22.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Mechanical & Process Systems, LLC 1804 Central Commerce Court Round Rock, Texas 78664 Notice to City: City Manager Stephen L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions 8 herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 24.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 25.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 26.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 27.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not 9 responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Rou d Rock, Texas Mechanical & Process Systems,LLC By. By: Printed Name: Printed Name. Title: �� Tale: y+cL, Date Signed: Date Signed: Attest: B . Y: Sara White, City Clerk For City, roved ato Fo m: By: . Steph L. Sheets, City Attorney 10 Exhibit "A" ROUND ROCK TEXAS PURCHASING DIVISION City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.roundrocktexas qov INVITATION FOR BID (IFB) PLUMBING SERVICES SOLICITATION NUMBER 18-026 MAY 2018 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A" May 2018 PLUMBING SERVICES PART I GENERAL REQUIREMENTS 1. PURPOSE: The City of Round Rock, herein after"the City"seeks an agreement with a qualified firm(s)to provide on-site Plumbing Services for various City owned or occupied buildings on an as needed basis. The City intends to award one primary contract and one secondary contract based on the Best Value for the City.The City may contact the Prime Contractor and/or Secondary Contractor to request a quote by project and will select the Contractor that best meets the needs of the City. An anticipated total contract award will be made by the City in an amount not to exceed $300,000 per year. 2. BACKGROUND: The City has approximately 800,000 square feet of maintained property and occupies approximately 46 facilities.The buildings consist of both commercial and residential type structures. Facilities that may require professional plumbing services include but are not limited to office buildings, fire stations, parks facilities, police facilities and parking garages. 3. SOLCITATION PACKET: This solicitation packet is comprised of the following: Description -Index Part I—General Requirements Pages 2-5 Part II —Definitions, Standard Terms and Conditions page 6 and Insurance Requirements Part III —Supplemental Terms and Conditions Pages 6-9 Part IV—Specifications Pages 10-14 Attachment A—Bid Sheet Page 15 Attachment B—Reference Sheet Page 16 Attachment C— Prevailing Wage Page 17 Attachment D—Respondent Questionnaire Page 18 Revised 10/17 Page 2 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A" May 2018 4. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact: Oscar Wise, CTCM Purchaser Purchasing Division City of Round Rock Phone: 512-218-5456 E-mail: owise@roundrocktexas.gov The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. 5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below. EVENT DATE Solicitation released May 28th, 2018 Optional Pre-Bid meeting June 7th, 2018 @ 9:00 AM, CST Deadline for submission of questions June 12th 2018 @ 5:00 PM, CST City responses to questions or addendums June 14th 2018 @ 5:00 PM, CST Deadline for submission of responses June 21 st 2018 @ 3:00 PM, CST All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date noted above. A copy of all the questions submitted and the City's response to the questions shall be posted on the City's webpage in the form of an addendum at: http://www,roundrocktexas.gov/bids Questions shall be submitted in writing to the "Authorized Purchasing Contact". The City reserves the right to modify these dates. Notice of date change will be posted to the City's website httP://www.roundrocktexas.gov/bids 6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancellations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 7. OPTIONAL PRE-BID MEETING: A pre-bid meeting will be conducted to fully acquaint Respondents with the specifications and bid submittal requirements. The pre-bid meeting will be conducted on the date specified in PART I Section 5-Schedule of Events. 7.1. Attendance at the pre-bid meeting is optional. Respondents shall sign-in at the pre-bid meeting to document their attendance. 7.2. Executive Conference Room - City Hall Council Chambers 221 East Main St Round Rock, Texas 78664 On-Site Cell Phone: 512-534-1287 7.3. Respondents are strongly encouraged to bring a copy of the solicitation document with them to the pre-bid meeting. Revised 10/17 Page 3 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A" May 2018 8. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date noted in PART I, Section 5—Schedule of Events. Mail or hand deliver sealed responses to: City of Round Rock Attn: Oscar Wise Purchasing Department 221 E. Main Street Round Rock,Texas 78664-5299 8.1. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and"DO NOT OPEN". 8.2. Facsimile or electronically transmitted responses are not acceptable. 8.3. Responses cannot be altered or amended after opening. 8.4. No response can be withdrawn after opening without written approval from the City for an acceptable reason. 8.5. The City will not be bound by any oral statement or offer made contrary to the written specifications. 8.6. Samples and/or copies shall be provided at the Respondent's expense, and shall become the property of the City. 9. BIDDER RESPONSE REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist participating Respondents in compiling their final responses. Bidders are encouraged to carefully read the entire solicitation. Bidders shall submit one (1) evident signed "Original" and four (4) copies of the response requirements including any required attachments and one(1)electronic copy of the IFB response on a flash drive. The samples and/or copies shall be provided at the Respondent's expense, and shall become the property of the City. This invitation for bid (IFB) does not commit the City to contract for any supply or service. Respondents are advised that the City will not pay for any administrative costs incurred in response preparation to this IFB;all costs associated with responding to this IFB will be solely at the interested parties' expense. Not responding to this IFB does not preclude participation in any future RFP/RFQ/IFB. For Your bid to be responsive,the attachments identified below shall be submitted with your proposal. Attachment A: BID SHEET: The bid response shall be submitted on itemized, signed Bid Sheet provided in the solicitation packet. Failure to complete and sign the bid sheet may result in disqualification. If there is a conflict between the unit price and extended price,the unit price will take Precedence. Submission of responses on forms other that the City's Solicitation Document may result in disqualification of the response. Attachment B: REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of at least three (3) valid Municipal, Government agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last two(2)years. City of Round Rock references are not applicable. References may be checked prior to award. If references cannot be confirmed or if any negative responses are received it may result in the disqualification of submittal. Attachment D: RESPONDENT QUSTIONNAIRE: Complete the respondent questionnaire and submit with bid packet. Attach additional pages as needed. Failure to complete the respondent questionnaire may result in disqualification. Revised 10/17 Page 4 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item:910-60, 914-68, 934-64 Exhibit "A" May 2018 10. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: 10.1. Purchase price; 10.2. Reputation of Respondent and of Respondent's goods and services; 10.3. Quality of the Respondent's goods and services; 10.4. The extent to which the goods and services meet the City's needs; 10.5. Respondent's past performance with the City; 10.6. The total long-term cost to the City to acquire the Respondent's goods or services; 10.7. Any relevant criteria specifically listed in the solicitation. Respondents may be contacted for clarification of bid and/or to discuss details of the services they are proposing. This may include a presentation and/or the request for additional material/information. 10.8. EVALUATION FACTORS Total 100% Points • Cost-60% Points • Response to Attachment D— Respondent Questionnaire—40% Points o Training and development 10% Points o Vehicle and equipment list 5% Points o Company and individual work experience 25% Points 11. CONFIDENTIALITY OF CONTENT. As stated in Section 16 of City of Round Rock Purchasing Definitions, Standard Terms and Conditions, all documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances 11.1.Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such. 11.2.If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination. 12. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the successful offeror to complete a Form 1295"Certificate of Interested Parties"that is signed for a contract award requiring council authorization. The "Certificate of Interested Parties" form must be completed on the Texas Ethics Commission website, printed, signed and submitted to the City by the authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to final contract execution. Link to Texas Ethics Commission Webpage:https://www.ethics.state.tx.us/whatsnew/elf info form1295 htm Revised 10/17 Page 5 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A" May 2018 PART II DEFINITIONS, STANDARD TERMS AND CONDITONS AND INSURANCE REQUIREMENTS I. DEFINITIONS STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the Bidder agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of Bidders to stay apprised of changes. The City's Definitions, Standard Terms and Conditions can be viewed and downloaded from the City's website at: https://www.roundrocktexas.gov/departments/purchasin-q/ 2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and downloaded from the City's website at: httr)s://www.roundrocktexas.-qov/der)artments/purchasing/ PART III SUPPLEMENTAL TERMS AND CONDTIONS 1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following: 1.1 The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60) months. 1.2 Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions of this agreement for such a period as is reasonably necessary to re-solicit and/or complete the project up to 90 days. 2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications. Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent shall: 2.1 Be firms, corporations, individuals or partnerships normally engaged in providing commercial plumbing services as specified herein and have adequate organization, facilities, equipment, financial capability, and personnel to ensure prompt and efficient service to the City; 2.2 The selected respondent(s) shall provide all labor, supplies and materials required to satisfactorily perform the services as specified herein and own or acquire at no cost to the City all construction aids, appliances, and equipment Respondent deems necessary and maintain sole responsibility for the maintenance and repair of Respondent's vehicles, equipment, tools and all associated costs. The City shall not be responsible for any Respondent's tools, equipment or materials lost or damaged during the performance of the services specified herein; 2.3 Commercial Business location from which work crews are dispatched is required to be in a 35- mile radius of downtown Round Rock. Revised 10/17 Page 6 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A" May 2018 3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform required services. The City seeks to do business directly with a company experienced in commercial plumbing services. 4. PREVAILING WAGE: Pursuant to Chapter 2258 of the Texas Government Code, a worker employed on a public work project by a city must be paid: (1) not less than the general prevailing wage rate of per diem wages for work of a similar character in the locality in which the work is performed; and(2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. In accordance with Chapter 2258.022, the City adopted through Resolution No. R- 2016-3760 the wage rates set forth by the Texas Workforce Commission for the Austin-Round Rock Area as the general prevailing wage rate for the City's public works contracts. A contractor or subcontractor who is awarded a contract by the City shall pay not less than the rates set forth in Attachment C and comply with all applicable sections of Chapter 2258. Attachment C- Prevailing Wage Rates are posted in Solicitation Documents for IFB No. 18- 026 Plumbing Services on the City of Round Rock website at: httos://www.roundrocktexas gov/departments/r)urchasinq/purchasing active solicitations/ 5. PRICING: The Bidder shall determine and submit a fixed cost for the work and shall include all incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits, insurance, bonds and risk management. No separate line item charges shall be permitted for either response or invoice purposes. 6. PRICE INCREASE: Contract prices for Plumbing Services shall remain firm throughout the initial twelve (12) month term of the contract. A price increase to the agreement may be considered on the anniversary date of the Contract each year and shall be equal to the consumer price index for that year, but at no time can the increase be greater than 5% for any single line item. 6.1 Consumer Price Index (CPI): Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor Consumer Price Index (CPI-U) for all Urban Consumers. The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year six-month average(January through June OR July through December); and each (January through June OR July through December six month average) thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. The Consumer Price Index (CPI) is found at the Bureau of Labor Statistics, Consumer Price Index website: http://www.bls.gov/cpi/. 6.2 Procedure to Request Increase: 6.2.1 Mail the written price increase request with the rate detail comparison and comprehensive calculation and any supporting documentation to the designated City Contract Specialist a minimum of 45 days prior to the annual Contract anniversary date. The detailed written calculation will be verified and confirmed. All written requests for increases must include the City of Round Rock contract number, solicitation reference information and contact information for the authorized representative requesting the increase. Price increase requests shall be sent by mail to: City of Round Rock Purchasing Department Attn: Contract Specialist 221 East Main Street Round Rock, TX 79664-5299 Revised 10/17 Page 7 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A" A May 2018 6.2.2 Upon receipt of the request, the City reserves the right to either, accept the escalation and make change to the purchase order within 30 days of the request, negotiate with the Vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 7. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents' performance anytime during the contract term. 8. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5) working days. The awarded respondent will be notified within the time frame if the services delivered are not in full compliance with the specifications. In the event the services are not performed to the satisfaction of the City; the vendor shall agree to reperform services to specification at no additional cost to the City. If any agreement or purchase order is cancelled for non-acceptance, the needed services may be purchased elsewhere and the vendor may be charged liquidated damages. 9. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services/goods needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. 10. WORKFORCE: Contractor shall: 10.1 Ensure Respondent's employees perform the services in a timely, professional and efficient manner; 10.2 Ensure Respondent's employees, wear a company uniform that clearly identifies them as the Respondent's employee, while working on City property. 10.3 Employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States. 10.4 The Respondent shall provide background checks on all employees assigned to a project prior to commencement of work to the City's designated representative. 10.5 The City will provide the Contractor, the Designated Contact person, and any employees required for the work, access to the sites where services are required upon approval of the City's designated representative. The City's designated representative shall issue security badges to all Respondent's employees assigned to a project.All employees shall be required to wear the badge in a visible manner at all times while on City property. 11. PERMITS: The Contractor shall verify and obtain all necessary permits, licenses, and/or certificates required by federal, state and local laws, ordinances, rules or regulations for the completion of the services as specified if required for the project. 12. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award, split award, primary and secondary award, non-award, or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at htti)://www.roundrocktexasgov/bids 13. POST AWARD MEETING: The City and Successful Respndent(s)may have a post award meeting to discuss, but not be limited to the following: Revised 10/17 Page 8 of 18 City of Round Rock Plumbing Services 11713 No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A May 2018 13.1 The method to provide a smooth and orderly transition of services performed from the current contractor, 13.2 Provide City contact(s) information for implementation of agreement. 13.3 Identify specific milestones, goals and strategies to meet objectives. 14. POINT OF CONTACT/DESIGNATED REPRESENTATIVE: 14.1 Contractor's point of contact: In order to maintain consistent standards of quality work performed across the City,the City shall be provided with a designated and identified point of contact upon award of the contract to include contact information. The City's designated representative shall be notified by the Respondent immediately should the point of contact change. 14.2 The City's designated representative: The City's designated representative shall be: Pete Dominguez Facility Maintenance Manager General Services Phone: 512-801-4547 E-mail: pdominguez@roundrocktexas.gov 15. INTERLOCAL PURCHASING AGREEMENTS 15.1 The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor agrees to offer the same price and terms and conditions to other eligible agencies that have an interlocal agreement with the City. 15.2 The City does not accept any responsibility or liability for the purchases by other government agencies through an interlocal cooperative agreement. Revised 10/17 Page 9 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A" A May 2018 PART IV SPECIFICATIONS 1. HISTORY:The City has approximately 800,000 square feet of maintained property and occupies approximately 46 facilities. The buildings consist of both commercial and residential type structures.Facilities maintained vary and can include but are not limited to office buildings, police department, fire stations, parks facilities and parking garages. • Projects vary and are under the supervision of the City's designated representative: Pete Dominguez, Facilities Manager Phone#: 512-341-3144 Email: pdominguez@roundrocktexas.gov 2. SCOPE OF WORK: 2.1 Contractor shall provide on an as needed basis on-site plumbing services required by the City including all personnel,equipment,tools,materials,supervision, labor and other items and services necessary to perform maintenance, renovations, repair and installation of plumbing systems for various City-owned or occupied locations; 2.2. Contractor shall Be available for all plumbing work required by the City. Have an organization proficient in carrying out multiple projects, which may be performed on the exterior or interior of buildings, simultaneously for emergency and non-emergency calls. 2.3. Contractor shall agree not perform services without prior authorization from the Facilities Manager. 2.4 Contractor shall notify the Facilities Manager if during work the Contractor experiences a conflict with the plans/scope of work before proceeding with said work. 3. WORKMANSHIP;Only first-class work shall be performed and all materials furnished in carrying out this agreement shall be of character and quality as required by the project specifications. Where no standard is specified, for such work or materials, they shall be the best of their respective trade and be compliant with all applicable code requirements. 3.1 All plumbing parts and materials used in performance of this contract shall be"new, unless pre-approved by the City's designated representative. 3.2 At the conclusion of each project the Contractor shall demonstrate to the City's designated representative that the work is fully operational and in compliance with contract specifications and codes.Any unsatisfactory work done or materials furnished at whatever time they may be discovered shall be promptly and permanently corrected at the sole expense of the Contractor prior to final acceptance of work when notified to do so by the authorized City representative. 3.3 The Contractor shall at all times keep the adjacent areas of the work site free from rubbish and the accumulation of any waste materials. It is the Contractor's responsibility to properly dispose of all rubbish and waste materials according to applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations. Should the Contractor neglect or refuse to remove such unsatisfactory work or materials within forty-eight(48) hours of notice by the City, or if they fail to make satisfactory progress in doing so, the City may cause said work or materials to be removed and satisfactorily replaced by contract or otherwise and the expense thereof shall be charged to the Contractor. Such expense shall be deducted from any monies due or shall become due to the City by the Contractor under the agreement. Revised 10/17 Page 10 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A" May 2018 4. WORKFORCE: Contractor and all employees shall perform the services in a timely, professional and efficient manner. The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules and regulations. 4.1 The Contractor shall employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States. 4.2 The Respondent shall provide background checks on all employees assigned to a project prior to commencement of work to the City's designated representative. The background check method will be approved by the City in advance, 4.3 The City will provide the Contractor, the Designated Contact person, and any employees required for the work, access to the sites where services are required upon approval of the City's designated representative. The City's designated representative shall issue security badges to all Respondent's employees assigned to a project. All employees shall be required to wear the badge in a visible manner at all times while on City property. 5. MASTER PLUMBER/PLUMBING CONTRACTOR REQUIREMENTS: The following contains the minimum requirements and experience for plumbing repair and installation services required by the City. The Contractor shall ensure that all personnel are skilled and qualified to perform the services as requested. 5.1 Contractor shall be licensed to perform plumbing work as required by the Texas Department of Licensing and Regulation. Respondents shall submit a copy of the Contractor's license with the solicitation response. 5.1.1 Master Plumber shall have at least five(5)years of experience with a minimum (3) three years of commercial experience. 5.1.2 If a Journeyman Plumber is employed and will be assigned to any City project, the Journeyman Plumber shall have at least three (3) years experience with a minimum if two(2)years commercial experience. All work performed by the Journeyman Plumber shall be inspected and approved by the Contractor's Master Plumber. 5.2 The Contractor shall access to and a working knowledge of all tools and equipment used to install and perform plumbing repairs and be able to work unsupervised and run a crew. 5.3 It is the responsibility of the Contractor to supervise their employees and to assure that the work crew acts in a professional manner in regards to conduct, dress and language. Employees that are found to be non-compliant with these requirements shall be removed by the Contractor from City property. 6. DESIGNATED CONTACT PERSON: In order to maintain consistent standards of quality work performed across the City,the City shall be provided with a designated and identified crew leader/point of contact upon award of the contract. 6.1 The City shall be provided with the designated person's name and telephone number. 6.2 This contact person shall remain the same throughout the term of the contract or upon termination of the contact person. If a change has been made in the contact person due to termination,the City's designated representative shall be notified by the Contractor immediately at the time of the change. NO substitutions of key personnel shall be permitted without written approval of the authorized City's designated representative. Revised 10/17 Page 11 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A May 2018 6.3 Answering machines are unacceptable as a point of contact. 6.4 The contact person shall be identified on the Solicitation document and may be required to attend an oral presentation to the selection team prior to award of contract. 7. WARRANTY: Successful Respondent shall provide a one(1)year warranty on all workmanship and parts including but not limited to manufacturer's warranty, workmanship defects, and installation.All warranty work shall be completed within five(5)working days from notice of defect. 8. RESPONSE TIME: Response times shall be as follows: 8.1 Non-Emergency Service Calls: Successful Respondent shall respond and provide a written estimate for non-emergency service calls within two (2)days and begin work within five(5) days of the original request. 8.2 Emergency Calls:The City may require emergency plumbing services during regular business hours or after hours. 8.2.1 The Contractor shall respond to emergency calls within two(2) hours after being contacted by the City. 8.2.2 The Contractor shall arrive onsite within four(4) hours of receiving work notification from the City. 9. WORK HOURS: 9.1. Regular Business Hours: are 7:00 am to 6:00 pm Monday through Friday(excluding weekends and holidays). 9.2. Overtime Hours: consist of hours outside the designated regular business hours will be allowed by the City if deemed necessary and is approved by the City's designated representative in advance of work. Overtime shall be based on the rate of regular labor not to exceed 1 Y2 times the fixed hourly rate for the tradesman performing the service. 9.3. Emergency Calls: Contractor shall only respond to an emergency call placed by the Facilities Manager or his designee. 10. SAFETY: The Successful Respondent and their respective employees are required and shall comply with all Occupational Safety and Health Administration(OSHA), State and City Safety and Occupational Health Standards and any other applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services. All Successful Respondents shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. In case of conflict,the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions,judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. 10.1. Material Safety Data Sheets: Successful Respondent shall be required to have in their possession at the location of each project and available upon request, material safety data sheets applicable to hazardous substances. Revised 10/17 Page 12 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A" A May 2018 11. SERVICE/REPAIR PARTS:At the time the City calls for services,and the Contractor determines a location needs repairs: 11.1. Eighty-five percent(85%)of all parts shall be on-site within twenty-four(24) business hours; 11.2. All remaining parts shall be normally on-site within forty-eight(48)business hours; 12. ESTIMATES:,Contractor shall provide a non-binding written "Not to Exceed"estimate on all projects at no charge to the City upon request. It is the Contractor's responsibility to ensure that all information is complete to provide an accurate estimate. The Facilities Manager shall be consulted when it is determined when the actual cost is expected to exceed the original repair estimate.Additional repair costs must be approved in advance. The City will not incur charges from the Contractor until the Contractor arrives on site and begins work. In certain circumstances a sample of materials to be used in a project may be requested by the City's designated representative for approval before work commences. Any single project shall not exceed$50,000. Each written estimate shall include the following information: • Department name and location of the project; • Contractor's designated contact name and telephone number; • Breakdown of Labor costs(Number of workers, hourly rate); • Materials (Detailed description, quantity, unit price and extended price amounts); • Cost of Equipment rented to complete project; • Total Cost(Labor and materials); • Description specifying work to be done; • Time projected to complete the project. 13. SITE INSPECTION: It shall be the responsibility of the Contractor to visit and inspect the locations prior to the submittal of a proposal. No variation in price or conditions shall be permitted based on claims of not being knowledgeable, aware, or informed of all requirements and specifications for a job assignment. Submittal of the proposal is evidence the Contractor has familiarized himself with the nature and extent of the work and any local conditions that may, in any manner, affect the scope of the work to be done and the equipment, materials and labor required. Inspection must be scheduled by contacting the City's designated representative. 14. DELIVERY AND STORAGE: It shall be the responsibility of the Contractor to make all arrangements for delivery, unloading, receiving and storing plumbing parts and supplies for each project. The City will not assume any responsibility for receiving these shipments. The Contractor shall verify with the City's designated representative and make necessary arrangements for security and storage space in the building during the project. 15. WORK REPORTS: Respondent shall complete and furnish a work report for each project. A copy of each work report shall be presented with time and material used. Reports shall include, at a minimum, the following information: • Location of the worksite; • Date and time of arrival at worksite; • Time spent for repair; Revised 10/17 Page 13 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/Item: 910-60, 914-68, 934-64 Exhibit "A" May 2018 • Date and time work at location is completed; • Part(s)ordered and Equipment rented, if necessary • A detailed description of all the completed repair work certifying the location is in working order, shall be signed by the City's designated representative at the time the work is performed. 16. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. • Prices for materials may be on a cost-plus basis. The percentage(%), if any, of markup will be designated by the Respondent on the Solicitation Document. Invoices for work performed, shall require a copy of supplies receipt to be included. Failure to provide the cost-plus percentage(%)on an invoice may result in payment at cost. 17. INVOICE REQUIREMENTS: Each project shall be invoiced separately; the Contractor shall include detailed information on each invoice: • The total hours worked and hourly rate for labor. Labor hours hour shall include costs of labor, overhead charges, travel, and payroll expenses. • Supplies and materials: The cost of supplies and materials shall be listed separately from labor. A maximum percentage markup, as indicated on Attachment A-Bid Sheet, will be allowed for material. • Invoices shall have attached a copy of paid materials receipt from the supplier. Revised 10/17 Page 14 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Exhibit "A" Class/Item: 910-60, 914-68, 934-64 May 2018 ATTACHMENT A BID SHEET 1. ATTACHMENT A-BID SHEET is posted in Solicitation Documents for IFB No. 18-026 Plumbing Services in an Excel format on the City of Round Rock website at: https://www.roundrocktexas gov/departments/purchasing/purchasing active solicitations/ 1.1 In order to be considered responsive Attachment A- Bid Sheet must be completed, signed by an authorized representative and returned by the deadline for submission of response indicated in Part I Section 5—Schedule of Events. 1.2 The Respondent, by submitting and signing Attachment A—Bid Sheet, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. 1.3 In order to do business with the City of Round Rock you must be registered with the City's Vendor Database. To register, go to: https://roundrock.munisselfservice.com/Vendors/defauIt.aspx. 1.4 By the signature affixed on Attachment A-Bid Sheet, the Respondent hereby certifies that neither the Respondent nor the entity represented by the Respondent, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business. 1.5 The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully comply in strict accordance with the Solicitation, specifications and the amounts shown on bid sheet. Revised 10/17 Page 15 of 18 1 of 1 Exhibit "A" Attachment A- Bid Sheet Plumbing Services IFB-No. 18-026 The Respondent represents by their signature below that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation documents contained in IFB No. 18-026 Plumbing Services. The Respondent acknowledges that he/she has received and read the entire solicitation packet,attachments and all documents incorporated by reference,and agrees to be bound by the terms therein.An anticipated total contract award will be made by the City in an amount not to exceed $300,000 per year. Special Instructions: All prices must be quoted in order to be considered responsive. Be advised that exceptions taken to any portion of the solicitation may jeopardize acceptance of the bid. Cost -Total 60% Points No. Description Unit Unit Cost 1 Master Plumber Hour! Labor Rate Per Hour $ 95.00 Master Plumber Overtime Hourly Labor Rate. The overtime rate shall not exceed one and one half times the 2 _regular hourly rate. Per Hour $ 130.00 3 Journeyman Plumber Regular Hourly Labor Rate Per Hour $ 85.00 Journeyman Plumber Overtime Hourly Labor Rate. The overtime rate shall not exceed one and one half times the 4 regular hourly rate. Per Hour $ 115.00 (Information Only)Prices for Material shall be on a cost-plus Percentage 5 basis.The Percentage(%)if any,of markup will be: Markup 35% Attachment D -Respondent Questionnaire-Total 40% Points *10%Points for staff training and development *5%Points for vehicle and equipment list *25%Points for company and individual work experience COMPANY NAME: Mechanical&Process Svstems.LLC SIGNATURE OF AUTHORIZED REPRESENTATIVE: �"" -jf PRINTED NAME: Harry H of PHONE NUMBER: 512-691-9259 EMAIL ADDRESS: harryna mpsltd us City of Round Rock Exhibit "A" Plumbing Services IFB No. 18-026 Class/item: 910-60, 914-68, 934-64 May 2018 ATTACHMENT B: BIDDERS REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: IFB No.18-026 RESPONDENT'S NAME:_Mechanical&Process Systems, LLC DATE: 6-21-2018 Provide the name,address,telephone number and E-MAIL of at least three(3)valid Municipal,Government agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last two(2)years.City of Round Rock references are not applicable.References may be checked prior to award. If references cannot be confirmed or if any negative responses are received it may result in the disqualification of submbal. 1. Company's Name The University of Texas Name of Contact Rick Early Title of Contact Director- Residential Facilities Operations E-Mail Address early@austin.utexas.edu Present Address 2605 Whitis Avenue City, State,Zip Code Austin, Texas 78705 Telephone Number ( 512 ) 475-9595 Fax Number ( ) 2. Company's Name The University of Texas Name of Contact Jesus "Chu " Reza Title of Contact Facilities Maintenance Manager E-Mail Address creza@austin.utexas.edu Present Address --- 201 Eas 21 st Street City, State, Zip Code Austin Texas 78712 Telephone Number ( 512 ) 232-5348 Fax Number: ( ) 3. Company's Name Texas Facilities Commission Name of Contact Michael Henneke Tide of Contact Lead Master Plumber E-Mail Address micael.hen neke tfc.state.tx.us Present Address 1711 San Jacinto City, State, Zip Code Austin, Texas 78701 Telephone Number ( 512 ) 584-6532 Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Revised 10/17 Page 16 of 18 City of Round Rock Plumbing Services IFB No. 18-026 Class/item: 910-60, 914-68, 934-64 Exhibit "A" May 2018 ATTACHMENT C PREVAILING WAGE 1. Attachment C-Prevailing Wage Rates are posted in Solicitation Documents for IFB No. 18-026 Plumbing Services on the City of Round Rock website at: https://www.roundrocktexas.gov/departments/purchasing/purchasing active solicitations/ 2. PREVAILING WAGE: Pursuant to Chapter 2258 of the Texas Government Code, a worker employed on a public work project by a city must be paid: (1)not less than the general prevailing wage rate of per diem wages for work of a similar character in the locality in which the work is performed;and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. In accordance with Chapter 2258.022, the City adopted through Resolution No. R-2016-3760 the wage rates set forth by the Texas Workforce Commission for the Austin- Round Rock Area as the general prevailing wage rate for the City's public works contracts. A contractor or subcontractor who is awarded a contract by the City shall pay not less than the rates set forth in Attachment C and comply with all applicable sections of Chapter 2258. Revised 10/17 Page 17 of 18 City of Round Rock Exhibit "A" A Plumbing Services IFB No. 18-026 ClassiItem: 910-60, 914-68,934-64 May 2018 ATTACHMENT D RESPONDENT QUESTIONNAIRE 40% Points Name of Business: Mechanical & Process Systems, LLC Physical Address of Headquarters(HQ): Physical Address of Serving Branch: 1804 Central Commerce Court, Round Rock Tx 78664 (if different address from HQ) 1. On a separate sheet of paper describe training and development provided to staff. (10°x6 Points). 2. EQUIPMENT LIST:Attach a separate sheet of paper that describes the type of vehicles and equipment that will be used to support this contract (5%Points) 3. Number of full time employees that are eligible to work on City of Round Rock projects: Number of Employees: 19 4. How many years has your company been in the Commercial Plumbing Business? Number of years in the commercial Plumbing business: 15 5. EXPERIENCE: On a separate sheet of paper describe relevant company and individual experience for the personnel who will be actively engaged in the performance of this contract. (25%Points) • Company work experience:Describe recent company work experience(2 years or less)for at least 2 commercial contracts for Plumbing Services. • Individual Work Experience- Include the resume of the owner and lead personnel as well as supporting documentation as applicable; such as certifications, licenses and years of experience. Revised 10/17 Page 18 of 18 Exhibit "A" ROUND ROCK TEXAS PURCHASING DIVISION CITY OF ROUND ROCK INVITATION FOR BID (IFB) PLUMBING SERVICES IFB No. 18-026 Addendum No. 1 Date of Addendum: 06/14/18 Addendum No. 1, dated Thursday, 06/14/18 is being issued to respond to all questions submitted by the deadline on Tuesday, 06/12/18 @ 5 p.m. for IFB No. 18-026- Plumbing Services, as outlined below: SECTION A: QUESTIONS And ANSWERS: 1. Question: Background Checks. Do we provide a 5-year or 10-year background check? Answer: Vendor will provide a 5-year background check for its employees. 2. Question: What is or is not acceptable on the background check? Answer: What is or is not acceptable on the background check will be at the City's discretion 3. Question: Do you allow Subcontracting? Answer: Per page 7, No. 3 of the Solicitation, "Respondent shall not subcontract or otherwise engage subcontractors to perform services". Approved by: kul- - Date: Oscar Wise, Purchaser By the signatures affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED: Mechanical& Process Systems, LLC 6-21-2018 Vendor Authorized. ignature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. Page 1 of 1 INSURANCEqFo Dear Policyholder, Thank you for choosing Federated Insurance to handle your insurance and risk management needs. The attached certificate document(s) have been issued or updated. Please feel free to contact us with any additional changes, additions or deletions that may be needed by contacting the Federated Client Contact Center at: Phone: 1-888-333-4949 Fax: 507-446-4664 E-mail: clientcontactcenter@fedins.com Thank you for your business! Client Contact Center Enclosed: Certificate Document(s) MISC-0829 (04-13) '4CCM EP® CERTIFICATE OF LIABILITY INSURANCE DAT 08/02/D/YYYY) 08/02/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME:CT CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O.BOX 328 A CN No Ext):888-333-4949 HOE A/c No):507-446-4664 OWATONNA, MN 55060 ADDRESS:CLIENTCONTACTCENTER FEDINS.COM INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FEDERATED SERVICE INSURANCE COMPANY 28304 INSURED 238-493-1 INSURER B: MECHANICAL&PROCESS SYSTEMS LLC INSURER C: PO BOX 7909 ROUND ROCK,TX 78683-7909 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:198 REVISION NUMBER:0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence) $100,000 MED EXP(Any one person) $5,000 A Y N 9361974 10/12/2017 10/12/2018 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑PRO ❑LOC PRO- JECT PRODUCTS-COMPIOP AGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT accident) cide t $1,000,000 X ANY AUTO BODILY INJURY(Per person) A OWNED AUTOS ONLY SCHEDULED AUTOS Y N 9361974 10/12/2017 10/12/2018 BODILY INJURY(Per accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $10,000,000 A EXCESS LIAB CLAIMS-MADE N N 9361975 10/12/2017 10/12/2018 AGGREGATE $10,000,000 DED I I RETENTION WORKERS COMPENSATION PER STATUTE OTH- AND EMPLOYERS'LIABILITY Y I N ER ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICERIMEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 238-493-1 1980 CITY OF ROUND ROCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 221 E MAIN ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ROUND ROCK,TX 78664-5299 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 238-493-1 LOC#: ACORD® `--� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY MECHANICAL&PROCESS SYSTEMS LLC POLICY NUMBER PO BOX 7909 SEE CERTIFICATE#198.0 ROUND ROCK,TX 78683-7909 CARRIER NAIC CODE SEE CERTIFICATE#198.0 EFFECTIVE DATE:SEE CERTIFICATE#198.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE THE CITY OF ROUND ROCK AND ITS OFFICERS, EMPLOYEES, AND ELECTED OFFICIALS ARE NAMED AS ADDITIONAL INSURED THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE-HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. ACORD 101 (2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD i TexasmutuA @ WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 03 04 8 EMPLOYERS LIABILITY POLICY Insured cop� i TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,efrective on 1115117 at 12:01 a.m.standard time,forms a part of: Policy no.0001296654 of Texas Mutual insurance Company effective on 1115117 Issued to: MECHANICAL&PROCESS SYSTEMS LLC This is not a bill Authorized representative NCCI Carrier Code: 29939 1119117 PO Box 12058,Austin,TX 78711-2058 .. 1 of 1 texasmutual.com 1(800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B i ACo® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 16*. � 10/26/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Nicole Peterson NAME: Primary Source Insurance Agency Inc PHONE (800)760-2809FAX (877)446-4631 A/C No Ext): A/C,No)- 121 o:121 E Park Square E-MAIL NLPeterson@fedins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Owatonna MN 55060 INSURERA: Texas Mutual Ins Co INSURED INSURER B Mechanical&Process Systems LLC INSURER C: PO Box 7909 INSURER D INSURER E: Round Rock TX 78683-7909 INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBRI POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X1 SPER TATUTE ORH AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? F—] NIA TSF-0001296654 11/05/2017 11/05/2018 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Ifyes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) BLANKET WAIVER OF SUBROGATION APPLIES TO WORK COMP POLICY WHERE REQUIRED BY WRITTEN CONTRACT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF ROUND ROCK ACCORDANCE WITH THE POLICY PROVISIONS. 910 LUTHER PETERSON AUTHORIZED REPRESENTATIVE ROUND ROCK TX 78665-1312 z oeu� @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 12955 sofa Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.Z,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. Mechanical&Process Systems LLC 201$-3874$9 Round Rock,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/02/2018 being filed. City Of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 18-026 Plumbing Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is Jimmy POlasek and my date of birth is 02/09/1967 My address is 1804 Central Commerce Court Round Rock TX 78664 USA (street) (city) (state) (zip code) (country) 1 declare under penalty of perjury that the foregoing is true and correct. Executed in Williamson County, state of Texas on th 2 day of August 20 18 ,,- (month) (year) i"S' igna e of authoriz6d agent of contracting business (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 3.295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-387489 Mechanical&Process Systems LLC Round Rock,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/02/2018 being filed. City Of Round Rock Date Acknowledged: 08/06/2018 g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 18-026 Plumbing Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711