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Contract - M&C Electric, Inc. - 10/26/2023 CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF ELECTRICAL SERVICES WITH M&C ELECTRIC,INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS Agreement for the purchase of electrical services (referred to herein as the "Agreement"), is made and entered into on this the ��day of the month of 2023, 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 M&C ELECTRIC, INC., whose offices are located at P.O. Box 231,Taylor, Texas 76574 (referred to herein as the"Services Provider"). RECITALS: WHEREAS, City desires to purchase electrical services; and WHEREAS, City has issued its "Request for Proposal" (RFP) for the provision of said services; and WHEREAS, City has determined that Services Provider provides the best value to City; 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 Services Provider whereby City is obligated to buy specified services and Services Provider is obligated to sell same. The Agreement includes the following: (a) City's RFP designated Solicitation No. 23-028 dated May 2023; (b) Services Provider's Response to the RFP; (c) contract award; and (d) any 4871-2498-8031/ss2 R-2o2s - 3#Z. exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Services Provider's Proposal; and (3) City's RFP, 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 parry claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. F. Services Provider means M&C Electric, Inc., or any of its corporate structures, successors or assigns. 2.01 EFFECTIVE DATE AND 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 or extended as provided herein. B. The term of this Agreement is sixty (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 Services Provider to supply the services as outlined in the RFP and as set forth in the Proposal submitted by Services Provider, all as specified in Exhibit "A." The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the RFP and as offered by Services Provider in its Proposal. 2 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. 4.01 SCOPE OF WORK All items in Exhibit "A" are awarded to Services Provider. For purposes of this Agreement, City has issued documents delineating the required services (specifically RFP Solicitation Number 23-028 dated May 2023). Services Provider has issued its response agreeing to provide all such required services in all specified particulars. All such referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all purposes. 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. Services Provider shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 2.01. Services Provider's undertakings shall be limited to performing services for the City and/or advising City concerning those matters on which Services Provider has been specifically engaged. Services Provider 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. 5.01 DUAL PROVIDERS OF SERVICES The parties specifically acknowledge and agree that Services Provider shall be considered as one of two (2) providers ("dual providers") of the specified goods and services (electrical services). Services Provider 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 of the two providers in whatever order it deems most advantageous to City's purposes. City may, in its sole and unfettered discretion, elect to use any other providers. 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. 6.01 COSTS A. Only if, as, and when needed by City, the bid costs listed on Attachment C—Cost Proposal Sheet of Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by Services Provider. B. Services Provider specifically acknowledges and agrees that City is not obligated to use any estimated annual quantity of services, and City may not expend in excess of Two Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00) for Services Provider's services combined with the dual provider's services for the term of this Agreement. 3 7.01 INVOICES All invoices shall include, at a minimum,the following information: A. Name and address of Services Provider; B. Purchase Order Number; C. Description and quantity of items received or services provided; and D. 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 27 1.101 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 services provider(s) and the City. Such agreement shall be conclusively inferred for the services provider from lack of exception to this clause in the services provider'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 Services Provider 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 Services Provider 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. Services Provider 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 4 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: A. There is a bona fide dispute between City and Services Provider, 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 Services Provider 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 Services Provider, cancel this Agreement without liability to Services Provider if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Services Provider 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 Services Provider's charges. 13.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS If Services Provider 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 Services Provider shall meet all requirements as stated in the attached RFP and as set forth at: http;//www.roundrocktcxas.gov/wp-content/uploaj,'29: "'core insurance 07.20112.pdf. 5 15.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Eric Dady, Facilities Manager General Services Department 212 Commerce Boulevard Round Rock, Texas 78664 (512)218-5472 edad�%roundrockte gas.{ 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 Services Provider abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Services Provider 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. Services Provider 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. 6 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 Services Provider. B. In the event of any default by Services Provider, City has the right to terminate this Agreement for cause,upon ten(10) days' written notice to Services Provider. C. Services Provider 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 Services Provider, Services Provider 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, Services Provider 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 Services Provider that portion of the charges, if undisputed. The parties agree that Services Provider 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 Services Provider 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 Services Provider, or Services Provider's agents, employees or subcontractors, in the performance of Services Provider'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 Services Provider (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. Services Provider, 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. In accordance with Chapter 2271, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains 7 a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of Services Provider verifies Services Provider does not boycott Israel and will not boycott Israel during the term of this Agreement. C. In accordance with Chapter 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The signatory executing this Agreement on behalf of Services Provider verifies Services Provider does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. D. In accordance with Chapter 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. The signatory executing this Agreement on behalf of Services Provider verifies Services Provider does not boycott energy companies, and it will not boycott energy companies during the 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. 8 Notice to Services Provider: M&C Electric, Inc. P.O. Box 231 Taylor, TX 76574 Notice to City: City Manager Stephanie L. Sandre, 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 Services Provider. 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 herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be govemed 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 Services Provider 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 Services Provider 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 9 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. Services Provider 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. Services Provider understands and agrees that time is of the essence and that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Services Provider 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 Services Provider'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 Services Provider 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 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. [Signatures on the following page.] 10 IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the dates indicated. City of Round Rock, Texas M&C Electric, Inc. 1 By: ' By: Printed Nam • MODC� Printed Name: Title: Title: Date Signed: Date Signed: q /z3 Attest: B . Meagan Spinks, 40er For City,Approved as to Form: a� Stephanie L. 'and re, City Attorney 11 iiuIL r-k - ^Y UNU V''0. 1-` TEXAS PURCHRS NG D1V1510N City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.i uundrucktexas gov REQUEST FOR PROPOSAL (RFP) ELECTRICAL SERVICES SOLICITATION NUMBER 23-028 MAY 2023 City of Round Rock Exhibit "A" Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 ELECTRICAL SERVICES PART GENERAL REQUIREMENTS 1. PURPOSE AND BACKGROUND: The City of Round Rock, herein after"the City" seeks proposals from firms experienced in providing on-site electrical 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 highest scores of the responses to this RFP. 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 at the time of the project. The total value of the resulting contract(s) shall not exceed $1,000,000 per fiscal year for all awarded Contractors combined. 2. BACKGROUND: The City has approximately 1,000,000 square feet of maintained property and occupies approximately 51 facilities. The buildings consist of both commercial and residential type structures. Facilities that may require professional electrical services include but are not limited to office buildings, fire stations, park facilities, police facilities, and parking garages. 3. SOLICITATION PACKET: This solicitation packet is comprised of the following: Description Index Part I —General Requirements Page(s) 1-4 Part II —Definitions, Standard Terms and Conditions, and Insurance Requirements Page 5 Part III —Supplemental Terms and Conditions Page(s) 6-8 Part IV—Scope of Work Page(s) 9-12 Part V— Proposal Preparation Instructions and Evaluation Factors Page(s) 13-15 Attachment A—Reference Sheet Separate Attachment Attachment B—Subcontractor Information Form Separate Attachment Attachment C—Cost Proposal Sheet Separate Attachment Attachment D— Prevailing Wage Rates Separate Attachment 4. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below. EVENT DATE Solicitation released May 17, 2023 Deadline for submission of questions May 26, 2023 @ 5:00 PM, CST City responses to questions or addendums Approx June 1, 2023 @ 5:00 PM, CST Deadline for submission of responses June 20, 2023 @ 3:00 PM, CST All questions regarding the solicitation shall be submitted through Bonfire in writing by 5:00 PM CST on the due date noted above. A copy of all 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: IIIfJJ i!Iln. Jl.+\iCXcS:i.UI>ilii{C,+UU.GUifi The City reserves the right to modify these dates. Notice of date change will be posted to the City's website: Page 2 of 15 Exhibit "A" City of Round Rock Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 5. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at 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. 6. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, on the due date noted in PART I, Section 4—Schedule of Events. The Offeror shall respond via the City's electronic bidding platform, Bonfire: nttps.//rouriuruL;K.t:,.,--,--„ .,,-,,--.. A. This request for proposal (RFP) does not commit the City to contract for any supply or service. B. No paper or submittals outside of Bonfire will be accepted by the City. C. Responses cannot be altered or amended after digital opening. D. No response can be withdrawn after opening without written approval from the City for an acceptable reason. E. The City will not be bound by any oral statement or offer made contrary to the written specifications. F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property of the City. G. Late responses will not be considered. 7. 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: 8. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of an offer, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Offeror to the City Official, Employee, City Consultant, or Evaluation Team member evaluating or considering the offers prior to the time an award decision has been confirmed. Communication between an Offeror and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the offer. Ex parte communication may be grounds for disqualifying the offending Offeror from consideration of award in evaluation or any future bid. 9. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round Rock ("City"), in consultation with the City Attorney, shall have the authority to settle or resolve any dispute concerning the solicitation or award of a contract. The Purchasing Manager may solicit written responses to the protest from other interested parties. The aggrieved person must prepare his or her complaint in writing and send it by electronic mail to the City's Purchasing Department at In the event of a timely protest, the City shall not proceed further with the solicitation or award of a contract unless it is determined that the award must take place without delay, to protect the best interests of the City. The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to comply with any of these requirements, the Purchasing Office may dismiss your complaint or protest. A. Prior to Offer Due Date: If you are a prospective offeror for the award of a contract("Offeror') and you become aware of the facts regarding what you believe is a deficiency in the solicitation process before the due date for receipt of offers in response to a solicitation ("Offers"), you must notify the City in writing of the alleged deficiency before that date, giving the City an opportunity to resolve the situation prior to the Offer due date. B. After Offer Due Date: If you submit an Offer to the City and you believe that there has been a deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation process, or the recommended award as follows: Page 3 of 15 Exhibit "A" City of Round Rock Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 i. You must file a written notice of your intent to protest within four(4)working days of the date that you know or should have known of the facts relating to the protest. If you do not file a written notice of intent within this time, you have waived all rights to protest the solicitation process or the award. ii. You must file your formal written protest within ten (10) working days of the date that you know or should have known of the facts relating to the protest unless you know of the facts before the Offer has been closed. If you know of the facts before those dates, you must notify the City as stated in section (A) above. iii. You must submit your protest in writing and must include the following information: a. your name, address, telephone number, and email address. b. the solicitation number. c. a specific identification of the statutory or regulatory provision that you are alleging has been violated. d. a detailed statement of the factual grounds for your protest, including copies of any relevant documents. e. a statement of any issues of law or fact that you contend must be resolved; and f. a statement of the argument and authority that you offer in support of your protest. iv. Your protest must be concise and presented logically and factually to help with the City's review. C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the Purchasing Manager, with assistance from the City Attorney, shall make one of the following determinations: i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and inform you and other interested parties of the determination. The City will prepare updated solicitation documents and will re-solicit. ii. Determine that no violation of rules or statutes has occurred and inform you and other interested parties of the decision by letter. The reasons for the determination will be presented in the letter. iii. Determine that a violation of rules and statutes has occurred after the award of the contract and inform you and other interested parties of the determination. However, the awarded contract will not be canceled. As needed, corrective actions may be taken with purchasing or any other pertinent City staff. iv. A determination will usually be made within fifteen (15) business days after receipt of the formal protest. v. Any written decisions by the Purchasing Manager shall be the final administrative action for the City. All documentation pertaining to a protest will be kept on file at the City and are subject to open records requests. Page 4 of 15 City of Round Rock Exhibit "A" Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 PART II DEFINITIONS, STANDARD TERMS AND CONDITIONS, AND INSURANCE REQUIREMENTS 1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's Definitions and 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. These can be obtained from the City's website at: •oun rocktexas.c— -depart:_• In addition, the Supplemental Terms and Conditions listed in Section III shall also be enforced as part of the contract. 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: httnz //�A/w%ni mi introcktexas.gov/city-departments/purcha_i3 Page 5 of 15 Exhibit "A" City of Round Rock Electrical Services RFP No. 23-028 Commodity Code: 914-38/ 910-82 MAY 2023 PART III SUPPLEMENTAL TERMS AND CONDITIONS 1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following: A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60) months. B. 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 120 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: A. Be firms, corporations, individuals, or partnerships normally engaged in providing commercial electrical services as specified herein and have adequate organization, facilities, equipment, financial capability, and personnel to ensure prompt and efficient service to the City. B. In order to confirm financial stability, the City may choose to review audited financial statements at any time throughout the RFP evaluation process. Upon request, the Respondent shall provide two years audited financial statements, including any notes or supplemental schedules within 2 business days of the original request. C. The Respondent shall include in the proposal a list of all litigation the company or its principals have been involved in within the last three (3) years. D. Have a commercial business location from which work crews are dispatched within a 35-mile radius of downtown Round Rock. E. Be licensed to perform electrical work as required by the Texas Department of Licensing and Regulation. Respondents shall submit a copy of the Contractor's license(s)with the solicitation response. 3. SUBCONTRACTORS: If Subcontractors will be used the Respondent is required to complete and submit with their proposal response Attachment B: Subcontractor Information Form. Subcontractors can only be used for incidental work not related to electrical work (Drywall, Insulation, etc.) The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractors own acts and omissions. The Contractor shall: A. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications, and terms of the Contract. B. Require that all Subcontractors obtain and maintain, throughout the term of their agreement, primary insurance in the type and amounts specified for the Contractor, with the City being named as an additional insured; and C. Require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. D. The Awarded Contractor is required to submit a list of all subcontractors for approval by the City prior to use of any subcontractors throughout the term of the contract. 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 D and comply with all applicable sections of Chapter 2258. Page 6 of 15 Exhibit "A" City of Round Rock Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 Attachment D— Prevailing Wage Rates are posted in Solicitation Documents for RFP 23-028 Electrical Services on the City of Round Rock Bonfire website at: 1UPZ, i11 vu11u1 V1.r\LC;AC10.UV11111 U IUU.w111 5. RETAINAGE: If an electrical project is expected to exceed $200,000 the City reserves the right to withhold 10 percent(%) retainage until completion of all work required by the Contract. The Contractor's invoice shall indicate the amount due, less the retainage. Upon final acceptance of the work, the Contractor shall submit an invoice for the retainage to the City and payment will be made as specified in the Contract. Payment of the retainage by the City shall not constitute nor be deemed a waiver or release by the City of any of its rights and remedies against the Contractor for recovery of amounts improperly invoiced or for defective, incomplete, or non-conforming work under the Contract. 6. SAFETY: 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. The Respondent shall: A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State and City safety and occupational health standards and other applicable federal, state, and local health, safety, and environmental laws ordinances, rules, and regulations in the performance of these services. B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury or damage to any person or property within and around the work site. In case of conflict, the most stringent safety requirement shall govern. C. 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. D. Be required to have in their possession at the location of each project and available upon request safety data sheets applicable to hazardous substances being used. 7. WORKFORCE: Successful Respondent shall: A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner. B. Ensure Respondent's employees, while working on City property, wear a company uniform that clearly identifies them as the Respondent's employee. C. 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. 8. PRICING: The Respondent 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. Prices for materials will be on a cost-plus basis. The percentage (%), if any, of markup will be designated in Bonfire requested information. Invoices for work performed shall require a copy of a supplies receipt to be included. Failure to provide the contracted cost-plus percentage (%) on an invoice may result in payment at cost. 9. PRICE INCREASE: Contract prices for electrical 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 10% for any single line item unless otherwise approved by the City. A. 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 Page 7 of 15 Exhibit "A" City of Round Rock Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 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: '`tttp://www.bls.gov/cpi B. Procedure to Request Increase: i. Email the written price increase request to r^his nnnr,,ir.droCle evae nov with the rate detail comparison, a 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. ii. 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 or negotiate with the Vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 10. ACCEPTANCE/INSPECTION: Acceptance/Inspection should not take more than five (5)working days. The Contractor 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 Contractor 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. 11. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance anytime during the contract term. 12. ORDER QUANTITY: The quantities shown in 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. 13. 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. Respondents to the solicitation will be notified when City staff recommendation of award has been made. The award announcement will be posted to the City's website at '- " ' ' --r once City Council has approved the recommendation of award and the agreement has been executed. 14. POINT OF CONTACT/ DESIGNATED REPRESENTATIVE: A. 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. B. The City's designated representative: The City's designated representative shall be: Eric Dady Facilities Maintenance Manager General Services Phone: 512-688-0350 E-mail: C. Do not contact the individual listed above with questions or comments during the course of the solicitation. Page 8 of 15 Exhibit "A" City of Round Rock Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 PART IV SCOPE OF WORK 1. OVERVIEW: The City has approximately 1,000,000 square feet of maintained property and occupies approximately 51 facilities. The buildings consist of both commercial and residential type structures. Facilities maintained vary and can include but are not limited to office buildings, the Police Department, fire stations, parks facilities, and parking garages. 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 in their respective trade and be compliant with all applicable code requirements. Communication is vital to the City of Round Rock. The City requires timely communication throughout the entire job process. The City understands that lead times can vary depending upon the size, manufacturer, and difficulty of the required tasks. 2. 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. A. The City shall be provided with the designated person's name, telephone number, and email address. B. 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. C. 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. D. Answering machines, services, or voicemail are unacceptable as a point of contact. 3. SERVICE REQUIREMENTS: The Contractor shall- A. Provide on-site services including all materials and labor necessary to perform electrical services for various City owned or occupied locations. Services performed shall require prior authorization from the City's Facility Maintenance Department. Services include (but are not limited to): i. Installation of generators as required. ii. Installation of surge protection devices. iii. Installation of Electric Vehicle (EV) chargers. iv. Purchase and/or installation of light fixtures and controls. v. Reading and approving specifications and submittals. vi. Coordination with the power company for any primary/secondary services. vii. Preventive maintenance such as insulation resistance (IR) testing as requested by the City. viii. Assistance on new construction projects as required. B. Visit and inspect the locations prior to the submittal of a project proposal. Submittal of the project proposal is evidence that the Contractor has familiarized themselves 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, pricing, and the equipment, materials, and labor required. Inspection must be scheduled by contacting the City's designated representative. Any variations in scope or pricing will only be considered on a case- by-case basis and must be approved in writing by the City POC prior to any work on said variation can begin. Contractor shall have full knowledge of scope of work and have ability to anticipate and ability to plan for variations prior to project start. Page 9 of 15 Exhibit "A" City of Round Rock Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 C. Perform functions that include but are not limited to adding additional circuits, replacing panels and sub- panels, adding dedicated lines and grounds, and replacing motors, and other work as described by the Faculties Manager. If a Journeyman Electrician is employed and will be assigned to any City project, the Journeyman Electrician shall have at least five (5) years' experience with a minimum two (3) years commercial experience. All work performed by the Journeyman Electrician shall be inspected and approved by the Contractor's Master Electrician. D. If an Apprentice Electrician is assigned to any City Project, the Apprentice Electrician shall have at least two (2) years of experience. E. 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. F. Notify the Facilities Manager if during work the Contractor experiences a conflict with the plans/scope of work or the NEC (National Electrical Code), before proceeding with the work. G. Not start work without the City's consent in the form of a formal PO number. H. Provide lifts, ladders, cranes, or any other equipment needed to perform this scope of work. I. Recommend replacement equipment and provide installation of new equipment. J. 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. K. Keep the adjacent areas of the work site free from rubbish and the accumulation of any waste materials. i. 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. ii. 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. iii. Such expense shall be deducted from any monies due or shall become due to the City by the Contractor under the agreement. 4. WORK HOURS: A. Regular Business Hours: are 6:00 am to 5:00 pm Monday through Friday (excluding weekends and holidays). B. Overtime Hours: consist of hours outside the designated regular business hours will be allowed by the City if deemed necessary and are 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 '/2 times the fixed hourly rate for the tradesman performing the service. C. Emergency Calls: Contractor shall only respond to an emergency call placed by the Facilities Manager or his designee. 5. RESPONSE TIME: Response times shall be as follows: A. 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. B. Emergency Calls (5 calls per year): The City may require emergency electrical repair services during regular business hours or after hours. i. The Contractor shall respond to emergency calls within two (2) hours after being contacted by the City. ii.The Contractor shall arrive onsite within four(4) hours of receiving work notification from the City. Page 10 of 15 City of Round Rock Exhibit "A" Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 6. EMERGENCY STORM REPAIRS: Due to the inclement weather in Central Texas, the City will require extra services for repairs after a major storm. This can include but not be limited to tornados, windstorms, winter storms, hurricanes, and flash floods. The City is adding a contingency fee to the contract of$50,000 per year to address these storms. After a major storm, the Contractor shall- A. Ensure that City properties take priority to help mitigate public health and safety risks. B. Be onsite within four hours, depending on conditions, to begin emergency repairs. C. Assign additional staff as available to assist with repairs. D. Communicate any significant delays to the City's point of contact. 7. MATERIAL REQUIREMENTS: A. All materials used in any project shall be"new" unless pre-approved by the City's designated representative. B. All electrical equipment shall be in compliance with manufacturers' specifications. C. Eighty-five percent(85%) of all parts shall be on-site within two (2) business days. Subject to lead times and project specifications. D. All remaining parts shall be normally on-site within four(4) business days. Subject to lead times and project specifications. E. The Facilities Manager shall be consulted when it is determined major components are in need of replacement.A major component shall be considered any single item or part whose estimated cost exceeds $500. 8. DELIVERY& STORAGE: It is the responsibility of the Contractor to make all arrangements for delivery, unloading, and receiving parts 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. 9. WARRANTY: The Contractor 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 defects.All fixtures should have a minimum manufacturer warranty of 5 years. 10. PERMITS/INSPECTIONS: If the project requires permitting and inspections the Contractor shall- A. Assist City of Round Rock (CORR) representative with any information requested if a project permit is required. B. Schedule all inspections as required/requested by building inspections at the following website: C. Notify the CORR representative prior to requesting an inspection to do a pre-inspection walk. D. Notify the CORR representative once an inspection has been requested and provide an estimated date and time the inspection will take place. E. Notify the CORR representative of results of inspections. F. If any item does not pass inspection, it is the Contractor's responsibility to correct the item at no additional cost to the City. 11. 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 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. Each written estimate shall include the following information: • Department name and location of the project. Page I 1 of 15 Exhibit "A" City of Round Rock Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 • 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. 12. REPORTING REQUIREMENTS: 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 • 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 completed. 14. 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 shall include costs listed in "Part III, Item 8: PRICING" of this solicitation. • Supplies and materials: The cost of supplies and materials shall be listed separately from labor. • Prices for parts, rentals, and material shall be on a cost-plus basis, as indicated on Attachment C — Cost Proposal Sheet. • Invoices shall have attached a copy of paid materials receipt from the supplier. • Travel time from the Contractors facility and/or between City sites are not billable time. 15. CITY RESPONSIBILITIES: The City will- A. Provide access to City buildings and facilities. B. Provide local vehicle parking and access to the work areas. If suitable parking cannot be furnished by the City, the Contractor shall arrange for off-site parking and transportation to/from the work site. C. Provide reasonable access to power and water utilities as needed to complete the project. D. Provide the Contractor with a complete and accurate project overview with the request for estimate. E. Coordinate scheduling with the Contractor. F. Review all invoices to ensure accuracy. Page 12 of 15 Exhibit "A" City of Round Rock Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 PART V PROPOSAL PREPARATION INSTRUCTIONS AND EVALUATION FACTORS 1. PROPOSAL ACCEPTANCE PERIOD: All proposals are valid for a period of one hundred and twenty (120) calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in the proposal. 2. PROPOSAL RESPONSE: Responses shall be clear and concise while appropriately responding to the evaluation criteria listed below in Section 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://roundrocktxvendors.munisselfservice.comNendors/default.aspx Proposal Submittal Instructions: The Respondent shall include all of the following documents in their response- El Attachment A- Reference Sheet ❑ Attachment B-Subcontractor Form (if applicable) ❑ Attachment C-Cost Proposal Sheet ❑ Acknowledged Addenda (if applicable) ❑ Company Information-which gives in brief, concise terms, a summation of the proposal. Include the following- Business Organization: State full name and address of your organization and identify parent company if you are a subsidiary. Specify the branch office or other subordinate element which will perform, or assist in performing, work herein. Indicate whether you operate as a partnership, corporation, or individual. Include the State in which incorporated or licensed to operate. Project Management Structure: Provide a general explanation and chart which specifies project leadership and reporting responsibilities; and interface the team with City project management and team personnel. If use of subcontractors is proposed, identify their placement in the primary management structure, and provide internal management description for each subcontractor. Authorized Negotiator: Include the name, email address, and telephone number of the person(s) in your organization authorized to negotiate Contract terms and render binding decisions on Contract matters. ❑ Segment requirements listed below. ❑ A statement of your compliance with all applicable rules and regulations of Federal, State and Local governing entities. ❑ Include in the response a list of all litigation the company or its principals have been involved in within the last three (3)years. (if applicable, otherwise enter NA) ❑ List of Exceptions (if any)- Be advised that exceptions to any portion of the Solicitation may jeopardize acceptance of the Proposal by the City. Exceptions to this solicitation if any, shall be submitted on a separate sheet labeled "Exceptions"with the Respondent's proposal. 3. EVALUATION CRITERIA: A. Segment 1 —Respondent's Solution, Approach, &Timeline (35 pts) i. Training and Staff Development: Define detail your staff training and development program. Provide details on staff retention, the process for certifying technicians, and types of equipment the staff is trained on. ii. Vehicle and Equipment List: List and describe the types of vehicles, tools, and equipment that will be used to support this contract. B. Segment 2—Company Work Experience and Personnel (35 pts) i. Prior Experience: State the number of years the Respondent company has been providing the services requested in the solicitation. Describe only relevant governmental, corporate, and individual experience for the company and personnel who will be actively engaged in the project. Do not include corporate experience unless personnel assigned to this project actively participated. Do not include Page 13 of 15 Exhibit "A" City of Round Rock Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 experience prior to 2014. Supply the project title, year, and reference name, title, present address, and phone number of principal persons for whom prior projects were accomplished. ii. Personnel: Include names, qualifications, licenses, and resumes of all personnel who will be assigned to the account. State the primary work assigned to each person and the percentage of time each person will devote to this work. Identify key persons by name and job title. Identify the number of full-time employees that are eligible to work on City of Round Rock projects. C. Segment 3—Cost Proposal (30 pts): Complete Attachment C—Cost Proposal Sheet and provide a fixed hourly rate for all services performed and your percentage markup on the cost of purchased equipment, materials, and supplies. The fixed hourly rate should be inclusive of all costs included but not limited to: i. Hourly rate for technician ii. Freight and delivery of parts and materials iii. Time taken to acquire (pickup) parts from local vendors iv. Permit fees 4. EVALUATION SCORING: The intent of the City is to award to one or two Respondents in accordance with the evaluation criteria below. The purpose of this evaluation criteria is to determine which proposals best meet the requirements and provide the best overall value to the Citv. A. Evaluation Criteria: Weights: • Respondent's Training, Development and Equipment List(Segment 1) 35 pts • Company Work Experience and Personnel (Segment 2) 35 pts • Cost Proposal (Segment 3) 30 qts Maximum Weight: 100 pts B. An evaluation committee will be established to evaluate the proposal responses. The committee will include employees of the City and may include other impartial individuals who are not City employees. The evaluation committee will determine if discussions and/or Best and Final Offers (BAFO) are necessary. Award of a contract may be made without discussions or BAFO, if in the best interest of the City. The evaluation committee may determine that discussions are necessary to clarify or verify a written proposal response. The City may, at its discretion, elect to have respondents provide oral presentations of their proposal. The City reserves the right to rescore an offer based on provided demonstrations. A request for a BAFO is at the sole discretion of the City and will be requested in writing. The evaluation committee will evaluate the finalists and make a recommendation for award. C. The City reserves the right to reject any or all proposals submitted, or to award to the respondent who in the City's opinion, offers the best value to the City. The City also reserves the right to cancel the RFP process and pursue alternate methods for providing the requirements. D. The City reserves the right to conduct studies and other investigations as necessary to evaluate any proposal. E. The City reserves the right to waive any minor technicality, irregularities, or informalities noted in the submission process. Submission of proposal confers no legal rights upon any Respondent. F. The City reserves the right to request further documentation or information and to discuss proposal response with any Respondent in order to answer questions or to clarify any aspects of the proposal. G. The City may develop a"short list" of qualified proposal and may determine that the Respondent(s) should submit a Best and Final Offer(BAFO). Each "short listed" Respondent will be given a reasonable opportunity for discussion and revision of their proposal. Page 14 of 15 Exhibit "A" City of Round Rock Electrical Services RFP No. 23-028 Commodity Code: 914-38/910-82 MAY 2023 5. AGREEMENT NEGOTIATIONS AND AWARD PROCESS: A. A proposal presented in response to this RFP is subject to negotiation concerning any issues deemed relevant by the City. The City reserves the right to negotiate any issue with any party. Any unsolicited communication by the Respondent to a City official, undesignated employee, or an evaluation team member evaluating or considering the offers may be grounds for disqualifying the offending Offeror from consideration of award. B. Submission of proposal indicates the Respondent's acceptance of the evaluation process and recognition that the City may make subjective judgments in evaluating the proposal to determine the best value for the City. C. If negotiations are successful, the City and Respondent may enter into an agreement. If negotiations are unsuccessful, the City may formally end negotiations with that Respondent. D. The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most advantageous, or to waive any irregularities or informalities in the submittal received. E. An independent signed authorized Contract will be sent to the successful Respondent(s). Execution of a City of Round Rock contract is required prior to starting work and processing any payments to the Contractor. 6. POST AWARD MEETING: The City and the Respondent may schedule a post award meeting to discuss, but not be limited to the following: A. The method to provide a smooth and orderly transition of services performed from the current Contractor. B. Provide City contact(s) information for implementation of the Agreement. C. Identify specific milestones, goals, and strategies to meet objectives. Page 15 of 15 Exhibit "A" M&C Electric Inc. 6/20/2023 CORR Electrical Services 23-028 PO BOX 231 Taylor TX 76574 Eric Cain 512-293-5144 Ricky Masters 512-4684662 Fax 512-926-8022 TECL#24004 RickyO mandcelectric.com Scope: Addenda none noted About M&C Electric Inc. is a full service electrical services contractor located in Williamson County. Equipment M&C offers several fully stocked service vans of that one will come with each crew sent to your facilities. This cost is already included in your journeyman prices. M&C owns the following equipment that can be dispatched to your project, if it is in suitable working condition, does not require maintenance, and if it is not already dispatched on another project. The cost of this equipment is in the journeyman price, however the City will be charged at the hourly rate for getting equipment to and from the site. 1. Equipment Trailer 2. Generator 7500w 3.14' Hylift drive-able scissor lift 4. 24' JLG drive-able scissor lift 5. 45' Vertacle push lift with stadium seating leveling, system 6. 35' Tow-able boom lift 7. 5k mini ex. Training and Development M&C is a signatory contractor meaning that we are a union company. This means that our apprentices are in an accredited apprenticeship program. Our Journeyman must prove that they have completed all of the hours, training and testing to be a licensed journeyman in the state of Texas. As well as the required continuing education hours from the state of Texas all employees are regularly assessed as to there aptitude and performance on any project M&C Electric is a part of. M&C Electric has an extensive safety, drug and alcohol training program. Experience M&C Electric Inc. has been in business for 17 years as well as performing work for the City of Round Rock for the last 10. Exhibit "A" Exclusions, if applicable; OT rate does not include Union recognized Holidays or Sundays. Equipment on list will only be provided at no charge if available. If you have any question or we may be of further assistance please do not hesitate to call. Sincerely, M&C Electric Inc. Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas, 78711, 1-800-803-9202, 512-463-6599; website: www.license.state.tx.us/complaints Exhibit "A" ATTACHMENT B SUBCONTRACTOR INFORMATION FORM COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 23-028 RESPONDENT'S NAME: M&C Electric Inc. DATE: 6/20/23 CIRCLE ONE - NO, I WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT NO YES, I INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT YES If yes complete the information below 1. Subcontractor Name Name of Contact E-Mail Address Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) Describe work to be performed Percentage of contract work to be performed 2. Subcontractor Name Name of Contact Title of Contact E-Mail Address Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) Describe work to be performed Percentage of contract work to be performed • Add additional pages as needed Exhibit "A" ATTACHMENT A REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 23-028 RESPONDENT'S NAME: M&C Electric Inc DATE: 6/20/23 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. 1. Company's Name City of Hutto Name of Contact Pete Dominguez Title of Contact Facilities Maintenance Manager E-Mail Address pete.dominquez@huttotx.gov Present Address City of Hutto City, State, Zip Code 500 W. Live Oak Street, Hutto TX 78634 Telephone Number ( 512 ) 759-5996 Fax Number: ( ) 2. Company's Name CCMC Name of Contact Stuart Tyrrell Title of Contact Community Manager,Vizcaya E-Mail Address styrrell@ccmcnet.com Present Address 5000 Pietra Lane City, State, Zip Code Round Rock,TX 78665 Telephone Number ( 737 ) 209-8650 Fax Number: ( ) 3. Company's Name HCS Name of Contact Mike Ballerino Title of Contact VP-Director E-Mail Address mikeb@hcs-gc.com Present Address 365 Wayside Drive City, State, Zip Code Waco,TX 76705 Telephone Number ( 254 ) 829-3200 Ext 206 Fax Number: ( 254 ) 829-3201 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. All prices must be quoted in order to be considered responsive. Be advised that exceptions taken to any portion of the solicitation ma d. Alternative offers will not be considered and unauthorized modifications to the cost proposal sheet may result in the rejection of the purchase more or less than the quantities indicated below. Description Estimated Unit Unit Cost Exte Quantity yman/Foreman Electrican Regular Hourly Labor Rate 2000 Hour $72.00 $1, yman/Foreman Electrican Overtime Hourly Labor Rate ertime rate shall not exceed one and one half times the r hourly rate. 200 Hour $108.00 $2 tice Electrican Regular Hourly Labor Rate 2000 Hour $41.00 $E tice Electrican Overtime Hourly Labor Rate ertime rate shall not exceed one and one half times the r hourly rate. 200 Hour $61.50 $1 for Material shall be on a cost-plus basis. The Percentage(%) if Percentage markup will be: $378,142.00 Markup 15% $4; ation Only: Percentage markup for rental equipment Percentage Markup 15% Annual Total: $6!