R-13-06-27-E4 - 6/27/2013RESOLUTION NO. R -13-06-27-E4
WHEREAS, the City of Round Rock has duly advertised for bids to purchase certain on-site
services in the nature of general building construction trades services (electrical) to be performed on
and in various commercial and residential City -owned or City -occupied buildings on a directed as -
needed basis, and for associated goods and services; and
WHEREAS, ACM Services, LLC. has submitted the lowest responsible bid; and
WHEREAS, the City Council wishes to accept the bid of ACM Services, LLC., Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of General Building Construction Trades Services (Electrical Trade) From
ACM Services, LLC., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated
herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 27th day of June, 2013.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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SARA L. WHITE, City Clerk
O:\wdox\SCC1nts\0I 12\ I304NUNICIPAL\00276890. DOC
EXHIBIT
"A"
CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION
TRADES SERVICES (ELECTRICAL TRADE) FROM
ACM SERVICES, LLC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS
This Agreement for on-site services in the nature of general building construction trades
services (electrical) to be performed on and in various commercial and residential City -owned or
City -occupied buildings on a directed as -needed basis, and for related goods and services,
referred to herein as the "Agreement," is made and entered into on this the day of the
month of , 2013, 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 ACM SERVICES, LLC, whose address is 3208 FM
112, Taylor, Texas 76574, referred to herein as "ACM." This Agreement supersedes and
replaces any previous agreements between the named parties, whether oral or written, and
whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase certain on-site services in the nature of general
building construction trades services (electrical) to be performed on and in various commercial
and residential City -owned or City -occupied buildings on a directed as -needed basis, and
associated goods and services, and City desires to purchase same from ACM; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and
City has selected the bid submitted by ACM; and
WHEREAS, City issued the aforementioned "Invitation for Bid" erroneously labeled
Solicitation Number 13-016, the correct Solicitation Number being 13-017, as the same was
indicated on ACM's response to said Invitation for Bid, and any all references in this Agreement
to the Invitation for Bid shall refer to the correct Solicitation Number 13-017.
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, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
0027321 5.doc/jmr
1.01 DEF 41TIONS
A. Agreement means the binding legal contract between City and ACM whereby
City is obligated to buy specified services and ACM is obligated to sell same. The Agreement
includes the following: (a) City's Invitation for Bid designated Solicitation Number 13-017,
Specification Number 13-910-82 and 13-910-38; (b) ACM's Response to 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:
(1) This Agreement;
(2) ACM'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.
F. ACM means ACM Services, LLC, or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
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 shall be for three (3) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be renewed for
successive terns of twelve (12) months each, not to exceed in the aggregate two (2) such
renewals, with such renewals to occur on or before the expiration date of the preceding term, and
with such renewals being absolutely predicated upon the express written agreement of both
parties. Such renewals are pennitted only provided ACM has performed each and every
contractual obligation specified in this original Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
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not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only in accordance with
Part 1, Item 9 of City's Invitation for Bid included as a part of Exhibit "A," attached hereto and
incorporated herein by reference for all purposes. Any price increase shall be requested by ACM
in writing and accompanied by the appropriate documentation to justify the requested increase.
ACM may offer price decreases at any time and in excess of any allowable percentage changes.
D. 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 ACM to supply the services as outlined in IFB Solicitation Number 13-017,
Specification Number 13-910-82 and 13-914-38; and Response to IFB submitted by ACM, 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 IFB and as offered by ACM in its Response to
the IFB.
The services which are the subject matter 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 INITIAL RESORT TO PRIMARY PROVIDER; AND SUBSEQUENT RESORT
TO SECONDARY PROVIDER; MANDATES FOR PROVISION OF GOODS
AND SERVICES
A. Initiial Resort to Primary Provider, and Subsequent Resort to Secondary
Provider.
The parties specifically acknowledge and agree as follows: ACM shall be considered as
one of two providers of the specified goods and services, and shall be considered the secondary
provider. City may, in its sole and unfettered discretion, elect to seek goods from either one of
the two providers. Should the primary provider contacted not be able to fulfill the order in strict
accordance with the mandates of this Agreement, then and in that event the remaining provider
may be considered "best value" and be contacted to provide the goods as a secondary provider.
ACM specifically further acknowledges and agrees as follows: 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.
B. Mandates for Provision of Goods and Services — Emergency Service Calls.
ACM specifically further acknowledges and agrees as follows:
ACM shall maintain regular business hours from 7:00 am to 6:00 pm Monday through
Friday, and shall be available for emergency service calls on a 24/7 basis with a maximum two
(2) hour response time. ACM shall provide City with a 24-hour emergency contact telephone
number connected with, at minimum, a voice mail paging system outside of regular business
hours.
City shall make a notification call to ACM by telephone with emergency instructions
when City has designated an emergency service call situation. In the event that ACM does not
answer the telephone and/or return City's notification voicemail within thirty (30) minutes of
initial placement of call, then and in that event City may contact and place the order with the
secondary provider as provided above. Non -answer of notification call may result in City
declaring ACM to be non-compliant with the order and under this Agreement; non -returned
voicemail within thirty (30) minutes may result in City declaring ACM to be non-compliant with
the order and under this Agreement. The legal definition under this Agreement of "repeated
non-compliance" shall mean three (3) incidents, either sequential or not, of non-compliance as
delineated herein within a period of six (6) consecutive months. Repeated non-compliance may
result, at City's sole discretion, in cancellation of this Agreement in whole or in part.
When City has notified ACM of an emergency service call situation, ACM shall have
trained personnel on-site within two (2) hours of City's notification. If the ordered goods and
services are not delivered on-site or in -hand to City strictly within the timeframe specified in this
Agreement, then and in that event ACM may be deemed to be non-compliant with the order and
its "best value" designation suspended as to that order, and City shall be free to procure the
goods and services elsewhere from the remaining provider or from a different source.
Mandates for Provision of Goods and Services — Non -Emergency Service Calls.
ACM specifically further acknowledges and agrees as follows:
City shall make a notification call to ACM by telephone with non -emergency instructions
when City has designated a non -emergency service call situation. In the event that ACM does
not answer the telephone and/or return City's notification voicemail within twenty-four (24)
hours of initial placement of call by City, and provide a written estimate within forty-eight (48)
hours of initial placement of call by City, and guarantee that work will be initiated within five (5)
days of City's initial request, then and in that event City may contact and place the order with the
secondary provider as provided above. Non -answer of notification call may result in City
declaring ACM to be non-compliant with the order and under this Agreement; non -returned
voicemail within twenty-four (24) hours may result in City declaring ACM to be non-compliant
with the order and under this Agreement. The legal definition under this Agreement of
"repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non-
compliance as delineated in this paragraph within a period of six (6) consecutive months.
Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement
in whole or in part.
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When City has designated a non -emergency service call situation, ACM shall fulfill in
full the non -emergency order within the dates and times specified by City. Driving distance
from City's location to ACM shall not exceed 35 miles. If the ordered goods and services are not
delivered on-site or in -hand to City strictly within the timeframes specified in this Agreement,
then and in that event ACM may be deemed to be non-compliant with the order and its "best
value" designation suspended as to that order, and City shall be free to procure the goods
elsewhere from the remaining provider or from a different source.
5.01 ITEMS AWARDED
Only if, as, and when needed by City, building construction trades services (electrical)
services are awarded to ACM in accordance with bid items 91 through and including #6 shown
on Exhibit "A," as follows:
Master Electrician
Regular Hourly Labor Rate
Overtime Hourly Labor Rate
Journeyman Electrician
Regular Hourly Labor Rate
Overtime Hourly Labor Rate
Percentage Markup
6.01 COSTS
$75.00 (no minimum hours)
$112.50 (no minimum hours)
$65 (no minimum hours)
$97.50 (no minimum hours)
20%
ACM 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 $15,000.00 in
payment of such services per single job performed during the initial term of this Agreement.
Only if, as, and when needed by City, the bid costs listed on Exhibit "A," which are specifically
relevant to the referenced bid items, shall be the basis of any charges collected by ACM.
7.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of ACM;
B. Purchase Order Number;
C. Description and quantity of items received: and
D. Delivery 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 of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. 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 of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock 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 ACM 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, any payment to be
made by City to ACM will be made within thirty (30) days of the date City receives goods under
this Agreement, the date the performance of the services under this Agreement are completed, or
the date City receives a correct invoice for the goods or services, whichever is later. ACM 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). This Prompt Payment Policy does not apply to payments made by City in
the event:
A. There is a bona fide dispute between City and ACM, a contractor, subcontractor, or
supplier about the goods delivered or the service performed that causes the payment to be late;
or
B. There is a bona fide dispute between ACM 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
C. The terms of a federal contract, grant. regulation. or statute prevent City from
making a timely payment with federal funds; or
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D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
11.01 GRATUITIES AND BRIBES
City may, by written notice to ACM, cancel this Agreement without incurring any
liability to ACM if it is determined by City that gratuities or bribes in the form of entertainment,
gifts, or otherwise were offered or given by ACM or its agents or representatives to any City
officer, employee or elected representative with respect to the performance of this Agreement.
In addition, ACM 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 ACM charges.
13.01 ORDERS PLACED WITH ALTERNATE VENDORS
If ACM cannot provide the services as specified, City reserves the right and option to
obtain same from another source or supplier(s).
14.01 INSURANCE
ACM shall meet all requirements as stated in the attached IFB Solicitation Number 13-
017 (including all attachments and exhibits), Attachment A, hereto, and its bid response.
15.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Pete Dominguez, Facilities Manager
City of Round Rock
212 Commerce Cove
Round Rock, TX 78664
512-341-3144
pdominguez@roundrocktexas.gov
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.
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17.01 DEFAULT
If ACM abandons or defaults hereunder and is a cause of City purchasing the specified
services elsewhere, ACM 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.
ACM 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
hereunder;
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 ACM.
B. In the event of any default by ACM, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to ACM.
C. ACM has the right to terminate this Agreement only for cause, in the event of
material and substantial breach by City, or by written mutual agreement to terminate.
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 ACM, ACM 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, ACM
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 ACM that portion of the
charges, if undisputed. The parties agree that ACM 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
ACM 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 ACM,
or ACM agents, employees or subcontractors, in the performance of ACM 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 ACM (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
ACM, its agents, employees and subcontractors shall use best efforts to comply with all
federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies.
21.01 ASSIGNMENT AND DELEGATION
The parties 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:
A. When delivered personally to recipient's address as stated in this Agreement; or
B. 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 ACM:
Nick Morris
ACM Services, LLC.
3280 FM 112
Taylor, TX 76574
Notice to City:
Steve Norwood, 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 ACM.
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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
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
ACM 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 ACM 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
such 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 to
be void.
27.01 MISCELLANEOUS PROVISIONS
Standard of Care. ACM 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. ACM understands and agrees that time is of the essence and that
any failure of ACM to fulfill obligations for each portion of this Agreement within the agreed
timeframes will constitute a material breach of this Agreement. ACM 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 ACM failure to perform in these circumstances, City may
pursue any remedy available without waiver of any of City's additional legal rights or remedies.
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Force Majeure. Neither City nor ACM 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.
IN WITNESS WHEREOF, City and ACM have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By:
Printed Name:
Title:
Date Signed:
For City, Attest:
IM
Sara L. White, City Clerk
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
ACM SE C
By:�
Printe - ame: N Kcyr z
Title: s�
Date Signed:
JrRaOUNDROQCTIXAS Attachment "A" DATED: JULY 2011
M FRWM PYQSP l V
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of
the agreement or purchase order resulting from a response to the Solicitation/Specification insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work as a result of the solicitation by the successful respondent its
agents, representatives, volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the
City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1.
General Liability Policy
1.2.2.
Automobile Liability Policy
1.2.3.
Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies.-
1.3.1.
olicies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a
per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City.
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each
occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles
with minimum limits for Bodily Injury of $100,000.00 each person, and
$300,000.00 for each occurrence, and Property Damage Minimum limits of
$50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00
Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Agreement.
1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance
policies and all endorsements thereto and may make reasonable request for deletion, revision,
or modification of particular policy terms, conditions, limitations, or exclusions (except where
policy provisions are established by law or regulation binding either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise
reasonable efforts to accomplish such changes in policy coverage and shall pay the cost
thereof. All insurance and bonds shall meet the requirements of the solicitation specification
and the insurance endorsements stated below.
Page t of 4
rROUNROCK, TEXAS
DATED: JULY 2011
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment,
the following provisions:
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional insured's,
(as the interest of each insured may appear) as to all applicable coverage.
1.5.3. Provide thirty days' notice to the City of cancellation, non -renewal, or material changes.
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City:
and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the
company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and
elected officials for injuries, including death, property damage, or any other loss to the
extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of the agreement concerning liability, duty, and standard of
care together with the indemnification provision, shall be underwritten by contractual
liability coverage sufficient to include such obligations within applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, solicitation
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such
notices not less than thirty days prior notice to the change, which notice shall be
accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all
persons providing services on building or construction projects for a governmental entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate
of authority to self -insure issued by the Texas Workers' Compensation Commission, or
a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing
statutory workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the project
until the CONTRACTOR'S/person's work on the project has been completed and
accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 — includes all
persons or entities performing all or part of the services the CONTRACTOR has undertaken to
perform on the project, regardless of whether that person contracted directly with the
CONTRACTOR and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
Page 2 of 4
POUND ROCK TEXAS
PURP tFKWMM9MI
DATED: JULY 2011
operators, employees of any such entity, or employees of any entity, which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to
a project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the agreement.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends
during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage
period, file a new certificate of coverage with the OWNER showing that coverage has been
extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide
to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the
OWNER will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
2.6.2. no later than seven (7) calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the
project and for one (1) year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery,
within ten (10) calendar days after the CONTRACTOR knew or should have known, or any
change that materially affects the provision of coverage of any person providing services on the
project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may
verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide
services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all its employees providing services on
the project, for the duration of the project;
2.10.2_ provide to the CONTRACTOR, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of the
person providing services on a project, for the duration of the project,
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
Page 3 of 4
JrI4 ROCK, TEXAS
MMM PVIMPMIX
DATED: JULY 2011
2.10.3.1. obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
2.10.3.1.1. a certificate of coverage, prior to the other person beginning work
on the project; and
2.10.3.1.2. a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project
2.10.3.2. retain all required certificates of coverage on file for the duration of the
project and for one (1) year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within ten
(10) calendar days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform as
required by paragraphs (2.1 thru 2.7), with the certificates of coverage to be
provided to the person for whom they are providing services.
2.10.3.5. By signing the solicitation associated with the specification, or providing, or
causing to be provided a certificate of coverage, the Contractor is
representing to the Owner that all employees of the Contractor who will
provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor that entitles the Owner to declare the agreement
void if the Contractor does not remedy the breach within ten (10) calendar
days after receipt of notice of breach from the owner.
Page 4 of 4
NOUNDROCK TV.%%
BID FORM
PURCHASING DEPARTMENT
221 E. Main Street - Round Rock, Texas 78664-5299
HOW DID YOU
HEAR ABOUTTHIS
SOLICITATION?
❑ Newspaper ❑City s Website ❑E-mail Announcement ❑ ESBD LTJ other
IS THIS THE FIRST IS YOUR BUSINESS
TIME RESPONDING ❑Yes Q No REGISTERED WITH ® Yes ❑ No Registerat: roundrocktexas.gov/VendorCentral
TO THE CITY? VENDOR CENTRAL?
Part 1: Labor Rates and Parts markup percentage
ITEM #
DESCRIPTION
Solicitation Number: #13-017
UNIT OF MEASURE
Unit Price
Tax ID Number: 03054Uq(�
A �E ' M S 'exy I C e S
Labor rates shall include all direct and indirect costs such as transportation and overhead.
z
1
Solicitation Name: Electrical Services
1
HOUR r�
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Business Name: (
O
I
'
Z
JOURNEYMAN ELECTRICIAN
1
0
Opening Date: March 12, 2013
bs.Ou
Address:
�T&gIv,� -Ty otos ?�
Address: i �
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Opening Time: On or Before 3:00 PM CST
D
exceed one and one half (1 %) times the regular hourly labor rate.
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1
HOUR
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Contact: i
O
Opening Location: City of Round Rock
City Hall
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Telephone: !
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221 E. Main Street
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LLC
LL
J
Round Rock, TX 78664
0
Entity Type.
O
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a
E-mail: QCrri_nILic6), C�,be, ioba(iM
Website:
HOW DID YOU
HEAR ABOUTTHIS
SOLICITATION?
❑ Newspaper ❑City s Website ❑E-mail Announcement ❑ ESBD LTJ other
IS THIS THE FIRST IS YOUR BUSINESS
TIME RESPONDING ❑Yes Q No REGISTERED WITH ® Yes ❑ No Registerat: roundrocktexas.gov/VendorCentral
TO THE CITY? VENDOR CENTRAL?
Part 1: Labor Rates and Parts markup percentage
ITEM #
DESCRIPTION
QTY
UNIT OF MEASURE
Unit Price
Labor rates paid shall be only for productive hours beginning and ending at the job site.
Labor rates shall include all direct and indirect costs such as transportation and overhead.
*"`Regular business hours are from Monday through Friday, TOO am to 6:00 pm.
1
MASTER ELECTRICIAN
1
HOUR r�
f5.UU
REGULAR HOURLY LABOR RATE:
'
2
JOURNEYMAN ELECTRICIAN
1
HOUR
REGULAR HOURLY LABOR RATE:
bs.Ou
3
MINIMUM # HOURS (IF ANY):
HOUR(S)
Overtime hours include weekends, holidays and hours other than regular business hours. Overtime charge is not to
exceed one and one half (1 %) times the regular hourly labor rate.
4
MASTER ELECTRICIAN
1
HOUR
j a}
OVERTIME HOURLY LABOR RATE:
EXHIBIT A
$ t
1 HOUR CJJOURNEYMAN ELECTRICIAN R� i^ h
REGULAR HOURLY LABOR RATE:
6 PERCENTAGE (%) MARKUP (IF ANY): n %
Part 2: Additional Information
N
F -
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W
w
t7
0
W
1
O
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V-
U U
Q
CONTACT INFORMATION: indicate a contact person and telephone number fornormal working hours /service calls
�n 51Z - X05 tvctl
HDesignated Contact Person: c L Phonell 512 1261/Z)
EXPERIENCE: q
Indicate the number of years your firm has been in business:
Indicate the number of Electricians that will be designated to the City and their total number of years'
ex erlence:
►�llnimur� �(ec fyir.t�ti�-I�LiWe i� ✓t�Luyeat 6Q -t g0,15CWr°Ad
Note. Contractor shall not sublet any work out to a third party. Contractor shall provide background checks
and proof of right work in the United States for all employees designated to the City prior to commencement
of work.
By the signature hereon affixed, 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 at 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 One or business_
Further, by signing and submitting this response the Respondent acknowledges:
That they have read and fully understand the solicitation and accept all terms and conditions set forth herein.
The respondent is not currently delinquent in the payment of any debt owed to the City.
Sealed response envelope shall be clearly marked with solicitation name, solicitation number and name of responding entity.
The agreement or purchase order resulting from this solicitation may qualify for Inter -local or Cooperative Contracting (Piggybacking) per the
lerms outfined in Part 1. #14 of this solicitation. If applicable, do you agree to "piggyback* purchasing from other governmental agencies?
WYes ❑ No
original and five (5) copes .of-resporise.
Printed Name B ized Sign lure
Failure to sign response will disqualify response.
Response shall include one (1) signed
-S a,, -e4 " inn "�
3/1,11.
Dale
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-914-38
ATTACHMENT A
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 13- o 1( n
RESPONDENT'S NAME:
LLC DATE:
Provide the name, address, E-mail address, telephone number and point of contact of at least three (3)
Municipal and/or Government agencies or firms of similar size and scope that have utilized similar service
within the past two (2) years. City of Round Rock references are not applicable. References may be
checked prior to award. Any negative responses received may result in disqualification of solicitation.
Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
5 R C. Ctre k 4-�•1fr1 f�; 14-eX V 0, LW
4.
( ,)- y (p 5 q - 3 Zf q Fax Number: { )
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( Oji L nI Fax Number: ( }
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n
el Lf
TQC. --7b5-7W
b-vr-'5bb Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
12 of 12
Client#: 48207
ACMSER
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIODnTM
TYPE OF INSURANCE
06105!2013
THIS CERTIFICATE IS ISSUED A5 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 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
Insurance Network of Texas
143 East Austin
Giddings, TX 78942-3299
WALT
NAM&
J�c°NN E,): 979 542-3666 a"c Na
EMAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC
979 542-3666
INSURER A: AmTrust Insurance Company of Ka 15954
INSURED ACM Services, LLC
INSURER 8: Security National Insurance Com 19879
INSURER C:
3280 FM 112
INSURER 0:
Taylor, TX 76574
INSURER E;
INSURER F
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 CONTRACTOR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
SR Do
IN
UB
POLICY NUMBER
POLICY EFF
MMIOO/WYY
POLICY EXP
MMM
LIMITS
A
GENERAL LIABILITY
KPP100020705
6/0812013
06108/201
EACH OCCURRENCE 51000000
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE a OCCUR
X PD Ded:2,000
�g Fp 99 . 510o,00
MED EXP aro anon S5,000
PERSONAL a ADV INJURY $1,000,000
GENERAL AGGREGATE s2 ODO 000
GEMLAGGREGATE LIMITAPPLIESPER.
RO' LOC
POUCY PECT
PRODUCTS -COMPIOPAGG 92,000,000
5
A
AUTOMOBILE LIABILITY
tXP11Y AUTO
. NED SUTOESULED
EDAUTOSAUTON WNED
Oth Car
KPP100020705
D610812013
06/08/2014
COEq aBBdINIVSINGLELIMIT 91,000000
BODILY INJURY (Por person) S
BODILY INJURY (Por occldord) S
PROPERTY DAMAGE S
Po gemoMo
S
A
X UMBRELLALIA13
X
OCCUR
KUM100022505
D610812013
06108/2014
EACH OCCURRENCE 7S2000,000
EXCESS LiAB
CLAIMS -MADE
AGGREGATE s2,000,000
DED I X RETENTIONS1000D
S
B
WORKERS COMPENSATION
ANO EMPLOYERS'LIABILITY YIN
OrFFIPRCERRA rRR PEXCCLUTNDEEDD7 E�UTIVEa
NIA
$WC1024408
6/08/2013
061081201
X WCSTATU- O7H
M
EJ- EACH ACCIDENT $11000,000
EL DISEASE- EA EMPLOYEE s1 000 DOD
(Mandatory in NH)
It yos, do=bo under
DESCRIPTION OF OPERATIONS bolow
•—
EL DISEASE- POLICY LIMIT 51 000 000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Reach ACORD 101, AddlUonal Romarhs Schodulo, if moro spoco is roqulrod)
-Asper- policy-provision,=CertiFlcate-Holder-is=liste d=as=additional-irftUted•Iii=regaFd°to•the—auto-and —
general liability policies as provided by blanket additional Insured endorsement when required by written
contracL A blanket waiver of subrogation endorsement is provided to the Certificate Holder in regard to
the auto, general liability and workers compensation policies as per policy provision when required by
(See Attached Descriptions)
CFRTIFICATF HOI TIFR r A►1r•er r A- 1—
City of Round Rock
City Manager
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
221 E. Main Street
AUTHORIZED REPRESENTATIVE
Round Rock, TX 78664
019OB-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S4592681M459240 069
:.._:. .
DESCRIPTIONS .Co tin ie#fro
.. (. m :Pa'
:..:.........
- 9
written contract.
General liability, auto and workers compensation policies include(s) a 30 Days Notice of Cancellation
endorsement providing 30 days advance notice if policy is canceled by the company other than for nonpayment
of premium, or direct cancellation by named insured as per policy provision.
SAGITTA 25.3 (2010/05) 2 of 2
#S459268/M459240
SOLICITATION NUMBER
13.016
SPECIFICATION NUMBER
13-910-82,13-91438
CITY OF ROUND ROCK
INVITATION FOR BID
ELECTRICAL SERVICES
PART 1
GENERAL
PURPOSE: The City of Round Rock, herein after "City", seeks to enter into an agreement with a
qualified Individual, Firm, or Corporation, to provide Electrical Services for various City
facilities.
The City intends to award one primary contract and one secondary contract based on the
best value for the City. The Secondary Successful Respondent, herein after "Secondary
Contractor" will be used if the Primary Successful Respondent, herein after "Primary
Contractor" cannot provide the service within the requested timeframe.
2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, 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 changewithout notice. It is the sole responsibility of respondents to stay apprised of changes.
The City's Definitions, Terms and Conditions can be obtained from the City's website
http-.I/www.roundrocktexas.gov/home/index.asg)?paqe=463.
2.1. Any acceptance to or additional terms and conditions attached to the response will not be
considered unless Respondent specifically references them on the front of the Solicitation
Document. WARNING: Exception to or additional terms and conditions may result in
disqualification of the response,
2.2. Respondent - an individual or business enterprise that submits a response to a solicitation for
goods, equipment, labor and/or services to the City.
2.3. Contractor - an individual or business enterprise under contractual obligation arising from an
agreement or purchase order, which furnishes goods, equipment, labor and/or services to the
City. Also known as Vendor or Awarded Vendor.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements as identified on
the City's website at http://Www.roundrocktexas.gov/home/index.asp?paqe=463.
4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation:
4.1. Attachment A: Respondent's Reference Sheet
4.2. Attachment B: Bid/Price Sheet
5. CLARIFICATION: For questions or clarifications of specifications, you may contact:
Deborah Knutson, CPPB
Purchasing Department
City of Round Rock
Telephone: 512-218-5456
dknutson@roundrocktexas.gov
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
1of12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-91"2,13-914-38
alterations accepted prior to solicitation opening without written approval of the City of Round Rock
through the Purchasing Department.
I. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of
such as qualified and responsive. All Respondents shall:
6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of commodity or provision of the services as specified herein.
6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
6.3. Provide the name, address, telephone number and E-MAIL of at least three (3) Municipal
and/or Government agencies or firms of similar size and scope that have utilized similar
service within the past two (2) years. City of Round Rock references are not applicable.
References may be checked prior to award. Any negative responses ved may result
disqualification o submittal. (See Attachment A provided).E-Mail addresses are required.'n
7. BES VALUE
on the best valueforthe CiOty� nNIn determining l tX. beAvialuecthelons Cityreceived may consider:be evaluated based
7.1. Purchase price;
7.2. Reputation of Respondent and of Respondent's goods and services;
7.3. Quality of the Respondent's goods and services;
7.4. The extent to which the goods and services meet the City's needs;
7.5. Respondent's past relationship with the City;
7.6. The total long-term cost to the City to acquire the Respondent's goods or services;
7.7. Any relevant criteria specifically listed in the solicitation.
The City reserves the right to reject any or all responses, or delete any portion of the response, 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.
8. AGREEMENT TERM:
8.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month
periods from the effective date. The agreement may be renewed for two (2) additional
periods of time, not to exceed twelve (12) months each, provided both parties agree in writing
prior to the expiration of the current term.
8.2. The City reserves the right to review the Contractor's performance at the end of each twelve
(12) month period and cancel all or part of the agreement(s) or continue the agreement(s)
through the next period.
8.3. If the Contractor fails to perform its duties in a reasonable and competent manner, the City
shall give written notice the Contractor of the deficiencies and the Contractor shall have thirty
(30) days to correct such deficiencies. if the Contractor fails to correct the deficiencies with
the thirty (30) days, the City may terminate the agreement by giving the Contractor written
notice of termination and the reason for the termination.
8.4. If the agreement is terminated, for any reason, the Contractor shall turn over all records, to
include but not be limited to the following: records of repairs, services, deliveries, and
replacement parts, to the City within fifteen (15) working days after completion of duties
contained in the agreement.
9. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be
considered based on the following:
2of12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82, 13-914-38
9.1. To the extent applicable to this solicitation the Contractor may submit a request for pricing
adjustment subject to approval by the City. The request must show just -cause substantiating
an adjustment in the form of an affidavit or certified statement from a supplier documenting
the reason for increase. The requested adjustment must be for goods or services and may in
no way represent an increase in the Contractor's overhead.
9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE.
9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum
of 120 days prior to each renewal period. Contractor shall supply supporting
documentation as justification for each request.
City of Round Rock
Purchasing Department
ATTN: Contract Specialist
221 E. Main Street
Round Rock, Texas 78664-5299
9.2.2. Upon receipt of the request, the City reserves the right to either: accept the
escalation as supported by supplier's documents and make change to the purchase
order within thirty (30) days of the request, negotiate with the Contractor or cancel the
agreement or purchase order if an agreement cannot be reached on the value of the
increase.
10. 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 http:llwww.roundrocktexas.gov/ iomelindex.asR p2rte=463.
11. ACCEPTANCE: Acceptance inspection and tests should not take more than five (5) working days.
The Contractor will be notified within this time frame if the goods delivered are not in full compliance
with the specifications. If any agreement or purchase order is canceled for non-acceptance, the
needed good may be purchased elsewhere and the Contractor may be charged full increase, if any,
in cost and handling.
12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt
Payment Law, Texas Government Code, Subtitle F. Chapter 2251. The City will pay Vendor within
thirty days after the acceptance of the supplies, materials, equipment, or the day on which the
performance of services was completed or the day, on which the City receives a correct invoice for
the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late
fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made
by the City in the event:
12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be
late; or
12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a
subcontractor and its suppliers concerning supplies, material, or equipment delivered or the
services performed which caused the payment to be late; or
12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or agreement or other such contractual agreement.
3 of 12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-914-38
13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to
purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in
question. The City may effect such termination by giving the Vendor a written notice of termination
at the end of its then current fiscal year.
14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may
be extended the opportunity to purchase off of the City's agreements, with the consent and agreement
of the awarded Vendor(s) and the City. Such consent and agreement shall be conclusively inferred
from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their
understanding and 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.
PART 11
SCHEDULE
SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation
timeline:
1.1. Solicitation released
1.2. Deadline for questions
February 23, 2013
March 5, 2013
1.3. City responses to all questions or addendums March 7, 2013
1.4. Responses for solicitation due by 3:00 PM March 12, 2013
All questions regarding the solicitation shall be submitted In writing by 5:00 PM on the due
date noted in PART ii, Paragraph 1, sub -paragraph 1.3.
A copy of all the questions submitted and the City's response to the questions shall be posted on
our webpage, http•/Iwww roundrocktexas.-gov/homelindex.asp?page=463. Questions shall be
submitted to the City contact named in PART I, Paragraph 5.
The City reserves the right to modify these dates. Notice of date change will be posted to the City's
website.
2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the
date noted above to the Purchasing Department. Mail or carry sealed responses to:
City of Round Rock
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
2.1. Responses received after this time and date shall not be considered.
2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation
title, number, due date and "DO NOT OPEN".
2.3. Facsimile or electronically transmitted responses are not acceptable.
2.4. Late responses will be returned to Respondent unopened if return address is provided.
4of12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910.82,13-914-38
2.5. Responses cannot be altered or amended after opening,
2.6. No response can be withdrawn after opening without written approval from the City for an
acceptable reason.
2.7. The City will not be bound by any oral statement or offer made contrary to the written
specifications
3. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.govlhome/index.asp?page=463 for any updates pertaining to the
solicitation described herein. Various updates may include addendums, cancelations, 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.
4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss,
but not be limited to:
4.1. City contact(s) information for implementation of agreement;
4.2. Agreement terms and conditions;
4.3. Identification of specific milestones, goals and strategies to meet objectives.
PART III
SPECIFICATIONS
HISTORY: The City has approximately forty six (46) facilities to maintain. Facilities maintained
consist of both commercial and residential structures, including but not limited to emergency
response and office buildings.
1.1. City facilities are under the supervision of the City's authorized and designated representative
herein after "Facilities Manager':
Pete Dominguez, Facilities Manager
Phone #: 512-341-3144
2. SCOPE OF WORK: The Contractor shall provide on-site electrical services for various City -owned or
occupied locations on an as needed basis. Work may be performed on the exterior or interior of
buildings. The awarded contract will cover projects for the City up to $ 15,000.00. Only services
meeting the specifications herein will be accepted. The Contractor shall:
2.1. Provide all personnel, equipment, tools, materials, supervision, labor and other items and
services to perform maintenance, repair, renovations, installation or alteration of electrical
systems including power, lighting, electrical related fixtures and any other components per
drawings and specifications which will be provided by the Facilities Manager;
2.2. Not perform services without prior authorization from the Facilities Manager;
2.3. Be available for any and all electrical work required by the City. The Contractor shall have an
organization proficient in carrying out multiple projects simultaneously for emergency and
non -emergency calls.
2.4. Notify the Facilities Manager if during the course of work the Contractor experiences a
conflict with the plans/scope of work or the NEC (National Electrical Code), before
proceeding with said work.
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SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-914-38
3. DISTANCE REQUIREMENT: In order to assure the City does not encounter delays in emergency
and regular service, shipping or other unforeseen problems that can occur with out of area Vendors,
Respondent shall be located within thirty five (35) miles from Round Rock, Texas,
4. WORKMANSHIP: Only the highest quality of work shall be performed and all materials furnished in
carrying out this agreement shall be new and 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. The Contractor shall:
4.1. Provide only new materials and parts for all projects unless pre -approved by the Facilities
Manager;
4.2. At the conclusion of the project, demonstrate to the Facilities Manager 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 Facilities Manager;
4.3. 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 property dispose of all rubbish
and waste materials according to applicable federal, state, and local health, safety, and
environmental laws, ordinances, rules and regulations.
5. 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.
The Contractor shall:
5.1. 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;
5.2. Provide background checks on all employees assigned to a project prior to commencement
of work to the Facilities Manager;
5.3. Assign to the City only courteous, neat, orderly and competent workers, skilled in the
performance of the services which they shall perform under the Agreement;
5.4. Require all employees to wear City issued badges in a visible manner at all times while on
City property. Upon approval, the Facilities Manager shall provide site access to the
Contractor and all required personnel.
6. ELECTRICIAN / ELECTRICAL CONTRACTOR REQUIREMENTS: The following contains the
minimum requirements and experience for electrical services required by the City. The Electrician /
Electrical Contractor herein after "Contractor" shall ensure that all personnel are skilled and qualified
to perform the services as requested. The Contractor shall:
6.1. Be licensed to perform electrical work as required by the Texas Department of Licensing and
Regulation by either holding a license as a Master Electrician or be licensed as an Electrical
Contractor, and employ a Master Electrician.
6.1.1. Master Electrician shall have at least five (5) years' experience with a minimum of
three (3) years' commercial experience.
6.1.2. If a Journeyman Electrician is employed and will be assigned to any City projects, the
Journeyman Electrician shall have at least three (3) years' experience with a
minimum of two (2) years' commercial experience. All work performed by the
Journeyman Electrician shall be inspected and approved by the Contractor's Master
Electrician.
6of12
soucITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-91438
6.2. Perform functions that include but not be limited to: adding additional circuits, replacing
panels and sub -panels, adding dedicated lines and grounds, and replacing motors, and other
electrical work as described by the Facilities Manager;
6.3. Have access to and have a working knowledge of all the tools and equipment used to install
and perform electrical repairs;
6.4. Be able to work unsupervised and run a crew;
7. DESIGNATED PERSONNEL: In order to maintain consistent standards of quality work performed
across the City, the Contractor shall identify and designate crew leader, crew and point of contact for
City projects.
7.1. Respondent shall indicate on the Bid/Price sheet the Respondent's Designated Contact
Person's name and telephone number.
7.2. Contractor shall provide to the Facilities Manager a personnel list of the Designated Crew
Leader/Supervisor and Crew before work commences.
7.3. Said contact person, crew leader/supervisor and crew shall remain the same throughout the
term of the contract or upon termination of the employee. if a change has been made in the
personnel list due to termination, the Facilities Manager shall be notified by the ha11 be permitted or
immediately at the time of the change. NO substitutions of key personnel
without written approval of the Facilities Manager.
8. SCHEDULING ! RESPONSE 'TIME: All work shall be scheduled at the convenience of the City as
not to interfere with the City's conduct of business. Man hours paid under this contract shall be only
for productive hours beginning and ending at the job site. Response times shall be as follows:
8.1. Non -Emergency Service Calls: Regular business hours shall be from 7:00 AM to 6:00 PM,
Monday through Friday (excluding weekends and holidays).
8.1.1. Contractor shall provide a written estimate within twenty four (24) hours, if the job is
simple and small enough that it does not require site verification or site visit. If the
job is more complicated or requires site verification or site visit, the Contractor shall
respond and provide a written estimate within forty eight (48) hours.
8.1.2. All work shall begin within five (5) days of the original request.
8.2. Emergency Service Calls: If the Primary Contractor cannot meet the City's need for the
emergency request the City will then contact the Secondary Contractor. The City reserves
contractthe right to any
he
an
ncy, and no response o
untimely response has been made contractor t
with either sf the Pimary core Secondary Contractors•
Contractor shall:
8.2.1. Respond to emergency calls within two (2) hours after the request is placed.
8.2.2. Be on site at the location of required service within four (4) hours after notification by
the City.
8.2.3. Provide a twenty four (24) hour emergency contact phone number. For emergency
calls, outside regular business hours a voice mail paging system is acceptable on the
condition that a call back is initiated within thirty (30) minutes from the time that the
page is placed.
WORK HOURS:
9.1. Regular business hours are from 7:00 am to 6:00 pm, Monday through Friday (excluding
weekends and holidays).
9.2. Overtime hours consist of hours outside the City's regular business hours,
of theeFacil6eds
holidays. Overtime pay will be allowed by the City, upon papproval
7of12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82, 13-914-38
Manager in advance of work. Overtime work shall be based on the rate of regular labor not
to exceed one and one half (1 '/_) times the fixed hourly rate for the tradesman performing the
service.
9.3. City Holidays Include: New Year's Day, Martin Luther King, Jr. Day, President's Day,
Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Day
after Thanksgiving, Christmas Eve and Christmas Day.
9.4. Emergency Calls: Contractor shall only respond to emergency calls placed by the Facilities
Manager or an assigned authorized representative.
10. SUBCONTRACTORS: Contractor shall not sublet any work out to a third part}L The City seeks
to do business directly with a skilled Electrician who will remain on site for the duration of each project
or assign a designated, skilled Electrician on staff to be the City's primary point of contact.
11. WORKER'S COMPENSATION INSURANCE: The Texas Labor Code, Section 406 — 098 requires
worker's compensation insurance coverage for all persons providing services on building or
construction projects for a governmental entity. The Texas Workers' Compensation statues can be
obtained from the Texas Department of Insurance website at http://www.tdi texas govtndex.html.
11.1. A copy of the Contractor's Certificate of Workers' Compensation Insurance shall be submitted
prior to approval of contract.
11.2. A copy of the Respondent's declaration page showing that they carry Workers' Compensation
Insurance shall be furnished with the Respondent's solicitation response.
12. SAFETY: The Contractor 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 Contractors 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 the awarded
contract. In cases 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.
12.1. Material Safety Data Sheets: Contractor 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 being used.
13. SERVICE 1 REPAIR PARTS: At the time the City calls for service, and the Contractor determines a
location needs repairs:
13.1. Eighty five percent (85%) of all parts shall be on-site within twenty four (24) business hours-,
13.2. All remaining parts shall be normally on-site within forty eight (48) hours;
13.3. Contractor shall guarantee all parts provided to the City for sixty (60) days;
13.4. 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 is in excess of $ 500.00.
14. DELIVERY AND STORAGE: It shall be the responsibility of the Contractor to make all arrangements
for delivery, unloading, receiving and storing materials in the building during installation. The City will
not assume any nts. The Contractor shall
Facilities Manager eand make v
necessary ar angementsy for receiving these pforeverify
security and storage space in the building
during installation.
a of 12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910.82, 13-914-38
15. WARRANTY: 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 defect.
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.
16.1. Bids shall not exceed 10% waste expectation on all quantities.
17. PERMITS: Contractor shall obtain all necessary permits or licenses for inspections, tests, and other
services required for completion of work. Inspections shall be scheduled through the Facilities
Manager. The City of Round Rock's permit fees shall be waived.
18. DAMAGE: Contractor shall be responsible for damage to the City's equipment and or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment.
19. ESTIMATES: Contractor shall provide a non-binding written "Not to Exceed' estimate on all projects
at no charge to the City. It is the Contractor's responsibility to ensure that all information is complete
to provide an accurate estimate. Contractor shall respond with a written estimate (see PART 111,
Paragraph 8 for response time). Estimates shall include:
19.1. Department name and location of the project;
19.2. Contractor's designated contact name, telephone number and license number,.
19.3. Breakdown of Labor costs (Number of workers, hourly rate) Note: Contractor shall submit a
total hourly and overtime rate price for labor that includes, but not be limited to, all costs for
labor, overhead charges, travel, transportation, and payroll expenses.
t price
extended price
ts) Note: All
19.4. replacement Materials
(Detailed
materials and parts shalllbe nerw and the s me as the existing o oran approved
equal;
19.5. Cost of Equipment rented to complete project;
19.6. Total Cost (Labor and materials);
19.7. Description specifying work to be done;
19.8. Time projected to complete the project! anticipated completion date.
20. REPAIR REPORTS: Contractor shall upon completion of any preventative maintenance, repair work
or installation, provide a repair report to the Facilities Manager. At a minimum the repair report shall
include:
20.1. Contractor's designated contact name, telephone number and license number;
20.2. Date and time repair request was received;
20.3. Location of the work site;
20.4. Date and time of arrival to and departure from the worksite (note: man hours paid under this
contract shall be only for productive hours beginning and ending at the job site);
20.5. -rime spent for repair f maintenance / installation;
20.6. A detailed statement as to the condition of the serviced, repaired or installed equipment;
20.7. Any problems identified and any corrective action taken;
20.8. materialsAny parts used llat
s. Note: All
placementn aterialsshalland parts 'all be new and he same as the existing d and back ordered porrt
ean approved
equal;
9or12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-914-38
20.9. A detailed description of all the completed repair work certifying the location is in working
order, which shall be signed by the Facilities Manager at the time the work is completed.
Note: Unforeseen or unknown repairs will be mutually agreed upon by the Contractor and the
Facilities Manager. The Contractor shall submit a written estimate for the extra work on a time and
materials basis using contract pricing.
21. SERVICE RECORDS: In addition to the repair report(s), Contractor shall maintain a complete record
of all service performed on each location, including all parts replaced. All service records and all test
results shall be furnished to the Facilities Manager for review upon request.
22. INVOICE REQUIREMENTS: The Contractor, upon completion of each service, shall address
invoices to the City as follows:
22.1. Repair Work: The total hourly and overtime rate price for labor shall include costs of labor,
overhead charges, travel, tools and equipment necessary to complete the work,
transportation, and payroll expenses. Parts and materials shall be billed separately. Man
hours paid under this contract shall be only for productive hours beginning and ending at the
job site;
22.2. Parts and materials: The cost of parts and materials shall be listed separately from labor. A
maximum percentage markup, as indicated on line item # 6 of the Bid/Price sheet, will be
allowed for material that the Contractor has to purchase and re -bill. Note: All replacement
materials and parts shall be new and the same as the existing or an approved equal;
22.3. Cost of Equipment rented to complete project;
22.4. The Contractor may submit the Repair Report (See PART III, Paragraph 20) as an invoice by
modifying it if necessary so that all required invoicing information is contained within the
repair report.
22.5. Payment will be issued in compliance with the Prompt Payment Policy (See PART I,
Paragraph 12). Any advancement for parts or supplies will not be permitted.
PART IV
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. Respondents are encouraged to carefully read the entire solicitation.
Respondent shall submit one (1) executed (signed) original and five (5) copies of each response_
For your bid to be responsive, all required attachments identified below shall be submitted with your
proposal. The Samples and/or copies shall be provided at the Respondent's expense, and shall become
the property of the City unless the Respondent provides a return envelope and postage.
1. Attachment A: Reference sheet shall include the name, address, active telephone number and valid
e-mail address of at least three (3) Municipal and/or Government agencies or firms of similar size and
scope that have utilized similar services within the past two (2) years.
2. Attachment B: Responses shall be submitted on itemized, signed Solicitation Bid/Price sheet
provided herein. Failure to itemize or sign solicitation may result in disqualification. Submission of
10 of 12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-914-38
responses on forms other that the City's Solicitation Document may result in disqualification of the
response. In the event of errors in extension pricing, unit prices shall govern.
A copy of the Respondent's declaration page showing that they carry Workers' Compensation
Insurance shall be furnished with the Respondent's solicitation response.
4. The Respondent shall be licensed to perform electrical work as required by the State of Texas.
Respondent shall submit a copy of the license with their solicitation response (see PART III,
Paragraph 6).
5. Any other Certifications, Licenses or Memberships to Professional Associations including but not
limited to Job Order Contracting (State Certification), or other specialized Licenses or Certifications
can be submitted with the response for review and may be considered as value added benefits.
The following items shall be made available upon request by the City prior to award and the
approval of any contract:
1. A copy of the Primary and Secondary Contractor's Certificate of Workers' Compensation Insurance
shall be submitted prior to approval of contract.
2. Proof of citizenship or right to work in the United States and background checks shall be provided for
all employees assigned to work in and on any City property prior to commencement of work to the
Facilities Manager.
CONFIDENTIALITY OF CONTENT: 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.
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.
• 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.
11 of 12
City of Round Rock
AROUND ROCK TEXAS
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Agenda Item Summary
Agenda Number: EA
Title: Consider a resolution authorizing the Mayor to execute a City of Round
Rock Agreement for Purchase of General Building Construction Trades
Services (Electrical Trade) from ACM Services, LLC.
Type: Resolution
Governing Body: City Council
Agenda Date: 6/27/2013
Dept Director: Chad McDowell, General Services Director
Cost: $0.00
Indexes:
Attachments: Resolution, Exhibit A
Text of Legislative File 13-443
On March 12, 2013 Purchasing and General Services sent out an invitation for bid on
different trades agreements to provide on-site services. The City has selected a primary
and secondary contractor based on the best value. This agreement is per contractor and
will be a not to exceed $15,000 per job trade.
This agreement does not obligate the City to spend any money until services are
needed. It only establishes a set price for each trade for the five year period. When there
comes a time we need to utilize the trade, funds will be allocated through General Service's
maintenance fund. The City has 626,000 square foot of facilities that we are currently
maintaining, by approving this contract you will be helping our facilities department keep our
buildings to a class A facility.
Staff recommends approval
City of Round Rock Page 1 Printed on 612512013
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CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION
TRADES SERVICES (ELECTRICAL TRADE) FROM
ACM SERVICES, LLC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS
This Agreement for on-site services in the nature of general building construction trades
services (electrical) to be performed on and in various commercial and residential City -owned or
City -occupied buildings on a directed as -needed basis, and for related goods and services,
referred to herein as the "Agreement," is made and entered into on this the '2� day of the
month of _AAAZ , 2013, 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 ACM SERVICES, LLC, whose address is 3208 FM
112, Taylor, Texas 76574, referred to herein as "ACM." This Agreement supersedes and
replaces any previous agreements between the named parties, whether oral or written, and
whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase certain on-site services in the nature of general
building construction trades services (electrical) to be performed on and in various commercial
and residential City -owned or City -occupied buildings on a directed as -needed basis, and
associated goods and services, and City desires to purchase same from ACM; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and
City has selected the bid submitted by ACM; and
WHEREAS, City issued the aforementioned "Invitation for Bid" erroneously labeled
Solicitation Number 13-016, the correct Solicitation Number being 13-017, as the same was
indicated on ACM's response to said Invitation for Bid, and any all references in this Agreement
to the Invitation for Bid shall refer to the correct Solicitation Number 13-017.
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, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
00273215.doc/jmr
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and ACM whereby
City is obligated to buy specified services and ACM is obligated to sell same. The Agreement
includes the following: (a) City's Invitation for Bid designated Solicitation Number 13-017,
Specification Number 13-910-82 and 13-910-38; (b) ACM's Response to 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:
(1) This Agreement;
(2) ACM'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. ('roods and services mean the specified services, supplies, materials,
commodities, or equipment.
F. ACM means ACM Services, LLC, or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
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 shall be for three (3) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be renewed for
successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such
renewals, with such renewals to occur on or before the expiration date of the preceding term, and
with such renewals being absolutely predicated upon the express written agreement of both
parties. Such renewals are permitted only provided ACM has performed each and every
contractual obligation specified in this original Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
E
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only in accordance with
Part 1, Item 9 of City's Invitation for Bid included as a part of Exhibit "A," attached hereto and
incorporated herein by reference for all purposes. Any price increase shall be requested by ACM
in writing and accompanied by the appropriate documentation to justify the requested increase.
ACM may offer price decreases at any time and in excess of any allowable percentage changes.
D. 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 ACM to supply the services as outlined in IFB Solicitation Number 13-017,
Specification Number 13-910-82 and 13-914-38; and Response to IFB submitted by ACM, 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 IFB and as offered by ACM in its Response to
the IFB.
The services which are the subject matter 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 INITIAL RESORT TO PRIMARY PROVIDER, AND SUBSEQUENT RESORT
TO SECONDARY PROVIDER; MANDATES FOR PROVISION OF GOODS
AND SERVICES
A. Initial Resort to Primary Provider, and Subsequent Resort to Secondary
Provider.
The parties specifically acknowledge and agree as follows: ACM shall be considered as
one of two providers of the specified goods and services, and shall be considered the secondary
provider. City may, in its sole and unfettered discretion, elect to seek goods from either one of
the two providers. Should the primary provider contacted not be able to fulfill the order in strict
accordance with the mandates of this Agreement, then and in that event the remaining provider
may be considered "best value" and be contacted to provide the goods as a secondary provider.
ACM specifically further acknowledges and agrees as follows: 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.
B. Mandates for Provision of Goods and Services — Emergency Service Calls.
ACM specifically further acknowledges and agrees as follows:
ACM shall maintain regular business hours from 7:00 am to 6:00 pm Monday through
Friday, and shall be available for emergency service calls on a 24/7 basis with a maximum two
(2) hour response time. ACM shall provide City with a 24-hour emergency contact telephone
number connected with, at minimum, a voice mail paging system outside of regular business
hours.
City shall make a notification call to ACM by telephone with emergency instructions
when City has designated an emergency service call situation. In the event that ACM does not
answer the telephone and/or return City's notification voicemail within thirty (30) minutes of
initial placement of call, then and in that event City may contact and place the order with the
secondary provider as provided above. Non -answer of notification call may result in City
declaring ACM to be non-compliant with the order and under this Agreement; non -returned
voicemail within thirty (30) minutes may result in City declaring ACM to be non-compliant with
the order and under this Agreement. The legal definition under this Agreement of "repeated
non-compliance" shall mean three (3) incidents, either sequential or not, of non-compliance as
delineated herein within a period of six (6) consecutive months. Repeated non-compliance may
result, at City's sole discretion, in cancellation of this Agreement in whole or in part.
When City has notified ACM of an emergency service call situation, ACM shall have
trained personnel on-site within two (2) hours of City's notification. If the ordered goods and
services are not delivered on-site or in -hand to City strictly within the timeframe specified in this
Agreement, then and in that event ACM may be deemed to be non-compliant with the order and
its "best value" designation suspended as to that order, and City shall be free to procure the
goods and services elsewhere from the remaining provider or from a different source.
Mandates for Provision of Goods and Services — Non -Emergency Service Calls.
ACM specifically further acknowledges and agrees as follows:
City shall make a notification call to ACM by telephone with non -emergency instructions
when City has designated a non -emergency service call situation. In the event that ACM does
not answer the telephone and/or return City's notification voicemail within twenty-four (24)
hours of initial placement of call by City, and provide a written estimate within forty-eight (48)
hours of initial placement of call by City, and guarantee that work will be initiated within five (5)
days of City's initial request, then and in that event City may contact and place the order with the
secondary provider as provided above. Non -answer of notification call may result in City
declaring ACM to be non-compliant with the order and under this Agreement; non -returned
voicemail within twenty-four (24) hours may result in City declaring ACM to be non-compliant
with the order and under this Agreement. The legal definition under this Agreement of
"repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non-
compliance as delineated in this paragraph within a period of six (6) consecutive months.
Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement
in whole or in part.
►,1
When City has designated a non -emergency service call situation, ACM shall fulfill in
full the non -emergency order within the dates and times specified by City. Driving distance
from City's location to ACM shall not exceed 35 miles. If the ordered goods and services are not
delivered on-site or in -hand to City strictly within the timeframes specified in this Agreement,
then and in that event ACM may be deemed to be non-compliant with the order and its "best
value" designation suspended as to that order, and City shall be free to procure the goods
elsewhere from the remaining provider or from a different source.
5.01 ITEMS AWARDED
Only if, as, and when needed by City, building construction trades services (electrical)
services are awarded to ACM in accordance with bid items #1 through and including #6 shown
on Exhibit "A," as follows:
Master Electrician
Regular Hourly Labor Rate
Overtime Hourly Labor Rate
Journeyman Electrician
Regular Hourly Labor Rate
Overtime Hourly Labor Rate
Percentage Markup
6.01 COSTS
$75.00 (no minimum hours)
$112.50 (no minimum hours)
$65 (no minimum hours)
$97.50 (no minimum hours)
20%
ACM 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 $15,000.00 in
payment of such services per single job performed during the initial term of this Agreement.
Only if, as, and when needed by City, the bid costs listed on Exhibit "A," which are specifically
relevant to the referenced bid items, shall be the basis of any charges collected by ACM.
7.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of ACM;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery 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 of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. 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 of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock 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 ACM 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, any payment to be
made by City to ACM will be made within thirty (30) days of the date City receives goods under
this Agreement, the date the performance of the services under this Agreement are completed, or
the date City receives a correct invoice for the goods or services, whichever is later. ACM 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). This Prompt Payment Policy does not apply to payments made by City in
the event:
A. There is a bona fide dispute between City and ACM, a contractor, subcontractor, or
supplier about the goods delivered or the service performed that causes the payment to be late;
or
B. There is a bona fide dispute between ACM 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
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
0
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
11.01 GRATUITIES AND BRIBES
City may, by written notice to ACM, cancel this Agreement without incurring any
liability to ACM if it is determined by City that gratuities or bribes in the form of entertainment,
gifts, or otherwise were offered or given by ACM or its agents or representatives to any City
officer, employee or elected representative with respect to the performance of this Agreement.
In addition, ACM 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 ACM charges.
13.01 ORDERS PLACED WITH ALTERNATE VENDORS
If ACM cannot provide the services as specified, City reserves the right and option to
obtain same from another source or supplier(s).
14.01 INSURANCE
ACM shall meet all requirements as stated in the attached IFB Solicitation Number 13-
017 (including all attachments and exhibits), Attachment A, hereto, and its bid response.
15.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Pete Dominguez, Facilities Manager
City of Round Rock
212 Commerce Cove
Round Rock, TX 78664
512-341-3144
pdominguez@roundrocktexas.gov
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.
7
17.01 DEFAULT
If ACM abandons or defaults hereunder and is a cause of City purchasing the specified
services elsewhere, ACM 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.
ACM 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
hereunder;
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 ACM.
B. In the event of any default by ACM, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to ACM.
C. ACM has the right to terminate this Agreement only for cause, in the event of
material and substantial breach by City, or by written mutual agreement to terminate.
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 ACM, ACM 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, ACM
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 ACM that portion of the
charges, if undisputed. The parties agree that ACM is not entitled to compensation for services it
would have performed under the remaining term of the Agreement except as provided herein.
19.01 INDEMNMCATION
ACM 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
8
other costs or fees arising out of, or incident to, concerning or resulting from the fault of ACM,
or ACM agents, employees or subcontractors, in the performance of ACM 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 ACM (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
ACM, its agents, employees and subcontractors shall use best efforts to comply with all
federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies.
21.01 ASSIGNMENT AND DELEGATION
The parties 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:
A. When delivered personally to recipient's address as stated in this Agreement; or
B. 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 ACM:
Nick Morris
ACM Services, LLC.
3280 FM 112
Taylor, TX 76574
Notice to City:
Steve Norwood, City Manager
221 East Main Street AND TO:
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and ACM.
0
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
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
ACM 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 ACM 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
such 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 to
be void.
27.01 ARSCELLANEOUS PROVISIONS
Standard of Care. ACM 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. ACM understands and agrees that time is of the essence and that
any failure of ACM to fulfill obligations for each portion of this Agreement within the agreed
timeframes will constitute a material breach of this Agreement. ACM 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 ACM failure to perform in these circumstances, City may
pursue any remedy available without waiver of any of City's additional legal rights or remedies.
Ef
Force Majeure. Neither City nor ACM 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.
IN WITNESS WHEREOF, City and ACM have executed this Agreement on the dates
indicated.
City of RonAd Rock, Texas ACM SE4Y1CL-9,- LC
By: r I ✓V By: (
Printed Name: N SC-;Pyw Printe�e: "5�s N.)ft cy4zI's
Title:S Title:
Date Signed: Date Signed:
For City, Attest:
By: amm, j KW
Sara L. White, City Clerk
For Cit4aL.'Sheets,
Aved as to Form:
By:
StCity Attorney
IrROUNDROUC,TIXAS Attachment "A" DATED: JULY 2011
" POW"M
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of
the agreement or purchase order resulting from a response to the Solicitation/Specification insurance
against claims for iniuries to persons or damages to property which may arise from or in connection
with the performance of the work as a result of the solicitation by the successful respondent its
agents, representatives, volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the
City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a
per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City.
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each
occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles
with minimum limits for Bodily Injury of $100,000.00 each person, and
$300,000.00 for each occurrence, and Property Damage Minimum limits of
$50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00
Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Agreement.
1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance
policies and all endorsements thereto and may make reasonable request for deletion, revision,
or modification of particular policy terms, conditions, limitations, or exclusions (except where
policy provisions are established by law or regulation binding either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise
reasonable efforts to accomplish such changes in policy coverage and shall pay the cost
thereof. All insurance and bonds shall meet the requirements of the solicitation specification
and the insurance endorsements stated below.
Page 1 of 4
IrROUNDROCK, MMS
DATED: JULY 2011
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment,
the following provisions:
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional insured's,
(as the interest of each insured may appear) as to all applicable coverage.
1.5.3. Provide thirty days' notice to the City of cancellation, non -renewal, or material changes.
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City;
and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the
company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and
elected officials for injuries, including death, property damage, or any other loss to the
extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of the agreement concerning liability, duty, and standard of
care together with the indemnification provision, shall be underwritten by contractual
liability coverage sufficient to include such obligations within applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, solicitation
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such
notices not less than thirty days prior notice to the change, which notice shall be
accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all
persons providing services on building or construction projects for a governmental entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate
of authority to self -insure issued by the Texas Workers' Compensation Commission, or
a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing
statutory workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the project
until the CONTRACTOR'S/person's work on the project has been completed and
accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 — includes all
persons or entities performing all or part of the services the CONTRACTOR has undertaken to
perform on the project, regardless of whether that person contracted directly with the
CONTRACTOR and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
Page 2 of 4
IrROUND71KOXCK, EX TAS
FASSM MOV" Y
DATED: JULY 2011
operators, employees of any such entity, or employees of any entity, which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to
a project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the agreement.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends
during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage
period, file a new certificate of coverage with the OWNER showing that coverage has been
extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide
to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the
OWNER will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
2.6.2. no later than seven (7) calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the
project and for one (1) year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery,
within ten (10) calendar days after the CONTRACTOR knew or should have known, or any
change that materially affects the provision of coverage of any person providing services on the
project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may
verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide
services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all its employees providing services on
the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of the
person providing services on a project, for the duration of the project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
Page 3 of 4
ROUND ROCK, TEXAS
PURPM.MASM rpsrpxM
DATED: JULY 2011
2.10.3.1. obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
2.10.3.1.1. a certificate of coverage, prior to the other person beginning work
on the project; and
2.10.3.1.2. a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project
2.10.3.2. retain all required certificates of coverage on file for the duration of the
project and for one (1) year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within ten
(10) calendar days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform as
required by paragraphs (2.1 thru 2.7), with the certificates of coverage to be
provided to the person for whom they are providing services.
2.10.3.5. By signing the solicitation associated with the specification, or providing, or
causing to be provided a certificate of coverage, the Contractor is
representing to the Owner that all employees of the Contractor who will
provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor that entitles the Owner to declare the agreement
void if the Contractor does not remedy the breach within ten (10) calendar
days after receipt of notice of breach from the owner.
Page 4 of 4
I Solicitation Number:
Solicitation Name:
Opening Date:
Opening Time:
Opening Location:
HOW DID YOU
HEAR ASOUTTHIS
SOLICITATION?
ROUND ROCK. TEX&%
F�R�'e11. I,lU1Cet MV�1'IKIIY
BID FORM
PURCHASING DEPARTMENT
221 E. Main Street • Round Rock, Texas 78664-5299
#13-017
DESCRIPTION
D�D�,/�t�a�.i�
UNIT OF MEASURE
Unit Price
Tax ID Number:
Electrical Services
"** Regular business hours are from Monday through Friday, TOO am to 6.00 pm.
Business Name: AM � t S --by V fr C e S L
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JOURNEYMAN ELECTRICIAN
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221 E. Main Street
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Round Rock, TX 78664
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Website:
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IS THIS THE FIRST is YOUR BUSINESS
TIME RESPONDING ❑ Yes ® No REGISTERED WITH ® Yes ❑ No Register at: roundrocktexas.gov/VendorCentral
TO THE CIM VENDOR CEWMLt
Part 1: Labor Rates and Parts markup percentage
ITEM #
DESCRIPTION
QTY
UNIT OF MEASURE
Unit Price
*'* Labor rates pail shall be only for productive hours beginning and ending at the job site.
*" Labor rates shall Include all direct and indirect costs such as transportation and overhead.
"** Regular business hours are from Monday through Friday, TOO am to 6.00 pm.
,I
MASTER ELECTRICIAN
REGULAR HOURLY LABOR RATE:
�
HOUR
r(5.w
2
JOURNEYMAN ELECTRICIAN
REGULAR HOURLY LABOR RATE:
HOUR
/
3
MINIMUM # HOURS (IF ANY):
HOURS)
Overtime hours include weekends, holidays and hours other than regular business hours. Overtime charge is not to
exceed one and one half (1 %z) times the regular hourly labor rate.
4
MASTER ELECTRICIAN
OVERTIME HOURLY LABOR RATE:
f HOUR
a �i
EXHIBIT A
5
JOURNEYMAN ELECTRICIAN
HOUR 5 D
REGULAR HOURLY LABOR RATE:
R�
6
PERCENTAGE (%) MARKUP (IF ANY):
a 0
%
Part 2: Additional Information
CONTACT INFORMATION: Indicate a contact person and telephone number fornormal working hours /service calls
iii a- Moa('5 512 io5 - Isb"/ 3
Designated Contact Person: Phone q ��2 - ,)(o`�
EXPERIENCE:
Indicate the number of years your firm has been in business:
M
Indicate the number of Electricians that will be designated to the City and their total number of years'
A miniyrti-VY)
if f echu-wed
Note: Contractor shall not sublet any workout to a third party. Contractor shall provide background checks
and proof of right work in the United States for all employees designated to the City prior to commencement
of work.
By the signature hereon affixed, 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 at 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.
Further, by signing and submilling this response the Respondent acknowledges:
That they have read and fully understand the solicitation and accept all terms and conditions set forth herein.
The respondent Is not currently delinquent In the payment of any debt owed to the City.
Sealed response envelope shall be clearly marked with solicitation name. solicitation number and name of responding entity.
The agreement or purchase order resulting from this solicitation may qualify for Inter -local or Cooperative Contracting (Piggybacking) per the
terms outlined in Part I. E14 of this solicitation. If applicable, do you agree to "piggyback' purchasing from other governmental agencies?
�J Yes ❑ No
Response shall
//Include one (1) signed original and five (5) copies.of-response.
-Sov-e4 IQ
Printed Name ized Sig fure Date
Failure to sign response will disqualify response.
SOLICITATION NUMBER
13-016
SPECIRCATION NUMBER
13-910-82,13-014-38
ATTACHMENTA
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: - ,{ I J- IJ I ( D
RESPONDENT'S NAME:_ AM Services LLC DATE:
Provide the name, address, E-mail address, telephone number and point of contact of at least three (3)
Municipal and/or Government agencies or firms of similar size and scope that have utilized similar service
within the past two (2) years. City of Round Rock references are not applicable. References may be
checked prior to award. Any negative responses received may result in disqualification of solicitation.
Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
- 4w Po ir-I-t y Sl -
(6! Z y (p 5 q - 3 L(9 Fax Number: ( )
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E -Mail Address f plwk-Q r °? -ffur - I` I tti -e i Y1 Lt
Present Address -n A0( 6 • ,('Jb(,L rd s
City, State. Zip Code 1 ►urd_(l� Ty- _7bL19
19
Telephone Number 054 ) h -u/" 0. y Fax Number-.( J.
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
12 of 12
Client#: 48207 ACMSER
ACORM CERTIFICATE OF LIABILITY INSURANCE =DATE13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.1
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
THIS
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORI IE
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
ED
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must 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 confor rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CO TACT
Insurance Network of Texas NAME
143 East Austin Aye° Ne E>d 979 542-3666 ac No
E-01AIL
Giddings, TX 78942-3299 UDRESS:
979 542-3666 INSURt72 S AFFORDING COVERAGE NAIL IF
INSURED
ACM Services, LLC
3280 FM 112
Taylor, TX 76574
COVERAGES reD*rretneTe u11w.s�e,_
AmTrust Insurance Company of Ka 1
Security National Insurance Com 1
— — — — _- Kr-VISIUN 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 CONTRACTOR 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.
LTR TYPE OF INSURANCE ADOL PM�LIC MMIO EJP LIMBS
INS POLICY NUMBER
A
GENERALLIABILITYKPP100020705
6108/2013
06108/201 EACH OCCURRENCE 51,000,000
X COMMERCIAL GENERAL LIABU-1TY
CLAIMS -MADE a OCCUR
1 OO OOD
X PD Ded:2,000
MFA EXP one onion 51 000
PERSONAL & ADV INJURY s 1 000 000
GENERAL AGGREGATE s2 000 OOO
GEML AGGREGATE
LIMIT APPLIES PER:
PRO
PRODUCTS - COMP/OP AGG s2,000,000
POLICY
LDC
s
A
AUTOMOBILE LiAaILnY
KPP100020705
0610812013
OMB�INEDISINGLEUMR $1,000,000
06108/201
AUTOBODILY
OWNED SCHEDULED
INJURY (Par pomon) S
tXA
"AUTOSEDAUTOS X NON4N4YNNED
e06LY INJURY (Por aeeldwd) S
AUTOSPROP
TY AMAGE S
Oth Car
S
A
X uMBRELLALua
X
OCCUR
KUM100022505
D610812013
06108/2014 EACH OCCURRENCE $2.000.000
EXCESS LIAB
CLAIMS -MADE
AGGREGATE s2,000,000
DED I X1 RETENTION $10000
B
WORRERSCOMPENSATION
AND JtPOVERS'LIABILnYR
SWC1024408
610812013
S
06/081201 wcsATUOTH.
YIN K90pUECUTVEa
IE)f
NIA
EJ_ EACH ACCt0EN7 sl 000,000
IMandatIn WHI
11mdeerybeund
Iyos, daea6o under
E,L.DISEASE -EA EMPLOYEE S1,000,000
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT S11,000,000
DESCRIPTION OF OPERATIONS i LOCATIONS i VEHICLES (Attach ACORD 101, Additional Remarks schedule, if more space is roqulmd)
-As--per-policy-provision, Certificate=Holder-is=listed=as=additional'ltft /red=iii=regaFd=to•the—a to -and –
general liability policies as provided by blanket additional Insured endorsement when required by written
contract. A blanket waiver of subrogation endorsement is provided to the Certificate Holder in regard to
the auto, general liability and workers compensation policies as per policy provision when required by
(See Attached Descriptions)
City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City Manager ACCORDANCE WITH THE POUCY PROVISIONS.
221 E. Main Street
Round Rock, TX 78664 AUTHORIZED REPRESENTATIVE
v Igoe-ae Iu m+ %JF%v l-'VfWUISAI IUN. All rlgnl5 reserve0.
ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S459268/M459240 089
written contract.
General liability, auto and workers compensation policies include(s) a 30 Days Notice of Cancellation
endorsement providing 30 days advance notice if policy is canceled by the company other than for nonpayment
of premium, or direct cancellation by named insured as per policy provision.
SAGITTA 25.3 (2010105) 2 of 2
#S459266/M459240
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-914-38
CITY OF ROUND ROCK
INVITATION FOR BID
ELECTRICAL SERVICES
PART
GENERAL
1. PURPOSE: The City of Round Rock, herein after "City", seeks to enter into an agreement with a
qualified Individual, Firm, or Corporation, to provide Electrical Services for various City
facilities.
The City Intends to award one primary contract and one secondary contract based on the
best value for the City. The Secondary Successful Respondent, herein after "Secondary
Contractor" will be used if the Primary Successful Respondent, herein after "Primary
Contractor" cannot provide the service within the requested timeframe.
2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, 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 respondents to stay apprised of changes.
The City's Definitions, Terms and Conditions can be obtained from the City's website
hftp://www.roundrocktoxas.gov/home/index.asp?pane=463.
2.1. Any acceptance to or additional terms and conditions attached to the response will not be
considered unless Respondent specifically references them on the front of the Solicitation
Document. WARNING: Exception to or additional terms and conditions may result in
disqualification of the response.
2.2. Respondent - an individual or business enterprise that submits a response to a solicitation for
goods, equipment, labor and/or services to the City.
2.3. Contractor - an individual or business enterprise under contractual obligation arising from an
agreement or purchase order, which furnishes goods, equipment, labor and/or services to the
City. Also known as Vendor or Awarded Vendor.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements as identified on
the City's website at http://www.roundrocktexas.gov/home/index.asp?page=463.
4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation:
4.1. Attachment A: Respondent's Reference Sheet
4.2. Attachment B: BkWrice Sheet
5. CLARIFICATION: For questions or clarifications of specifications, you may contact:
Deborah Knutson, CPPB
Purchasing Department
City of Round Rock
Telephone: 512-218-5456
dknutson@roundrocktexas.gov
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
1of12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-91438
alterations accepted prior to solicitation opening without written approval of the City of Round Rock
through the Purchasing Department.
6. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of
such as qualified and responsive. All Respondents shall:
6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of commodity or provision of the services as specified herein.
6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
6.3. Provide the name, address, telephone number and E-MAIL of at least three (3) Municipal
and/or Government agencies or firms of similar size and scope that have utilized similar
service within the past two (2) years. City of Round Rock references are not applicable.
References may be checked prior to award. Any negative responses received may result in
disqualification of submittal. (See Attachment A provided). E -Mail addresses are required.
7. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based
on the best value for the City. In determining best value, the City may consider:
7.1. Purchase price;
7.2. Reputation of Respondent and of Respondent's goods and services;
7.3. Quality of the Respondent's goods and services;
7.4. The extent to which the goods and services meet the City's needs;
7.5. Respondent's past relationship with the City;
7.6. The total long-term cost to the City to acquire the Respondent's goods or services;
7.7. Any relevant criteria specifically listed in the solicitation.
The City reserves the right to reject any or all responses, or delete any portion of the response, 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.
8. AGREEMENT TERM:
8.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month
periods from the effective date. The agreement may be renewed for two (2) additional
periods of time, not to exceed twelve (12) months each, provided both parties agree in writing
prior to the expiration of the current term.
8.2. The City reserves the right to review the Contractor's performance at the end of each twelve
(12) month period and cancel all or part of the agreement(s) or continue the agreement(s)
through the next period.
8.3. If the Contractor fails to perform its duties in a reasonable and competent manner, the City
shall give written notice the Contractor of the deficiencies and the Contractor shall have thirty
(30) days to correct such deficiencies. if the Contractor fails to correct the deficiencies with
the thirty (30) days, the City may terminate the agreement by giving the Contractor written
notice of termination and the reason for the termination.
8.4. If the agreement is terminated, for any reason, the Contractor shall turn over all records, to
include but not be limited to the following: records of repairs, services, deliveries, and
replacement parts, to the City within fifteen (15) working days after completion of duties
contained in the agreement.
9. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be
considered based on the following:
2of12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82, 13-914-38
9.1. To the extent applicable to this solicitation the Contractor may submit a request for pricing
adjustment subject to approval by the City. The request must show just -cause substantiating
an adjustment in the form of an affidavit or certified statement from a supplier documenting
the reason for increase. The requested adjustment must be for goods or services and may in
no way represent an increase in the Contractor's overhead.
9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE.
9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum
of 120 days prior to each renewal period. Contractor shall supply supporting
documentation as justification for each request.
City of Round Rock
Purchasing Department
ATTN: Contract Specialist
221 E. Main Street
Round Rock, Texas 78664-5299
9.2.2. Upon receipt of the request, the City reserves the right to either: accept the
escalation as supported by supplier's documents and make change to the purchase
order within thirty (30) days of the request, negotiate with the Contractor or cancel the
agreement or purchase order if an agreement cannot be reached on the value of the
increase.
10. 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 http://Www.roundrocktexas.gov/hom/index-asp?paqe=463.
11. ACCEPTANCE: Acceptance inspection and tests should not take more than five (5) working days.
The Contractor will be notified within this time frame if the goods delivered are not in full compliance
with the specifications. If any agreement or purchase order is canceled for non-acceptance, the
needed good may be purchased elsewhere and the Contractor may be charged full increase, if any,
in cost and handling.
12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt
Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within
thirty days after the acceptance of the supplies, materials, equipment, or the day on which the
performance of services was completed or the day, on which the City receives a correct invoice for
the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late
fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made
by the City in the event:
12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be
late; or
12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a
subcontractor and its suppliers concerning supplies, material, or equipment delivered or the
services performed which caused the payment to be late; or
12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or agreement or other such contractual agreement.
3of12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-91482,13-91438
13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to
purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in
question. The City may effect such termination by giving the Vendor a written notice of termination
at the end of its then current fiscal year.
14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may
be extended the opportunity to purchase off of the City's agreements, with the consent and agreement
of the awarded Vendor(s) and the City. Such consent and agreement shall be conclusively inferred
from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their
understanding and 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.
PART II
SCHEDULE
SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation
timeline:
1.1. Solicitation released February 23, 2013
1.2. Deadline for questions March 5, 2013
1.3. City responses to ail questions or addendums March 7, 2013
1.4. Responses for solicitation due by 3:00 PM March 12, 2013
All questions regarding the solicitation shall be submitted In writing by 5:00 PM on the due
date noted in PART II, Paragraph 1, sub -paragraph 1.3.
A copy of all the questions submitted and the City's response to the questions shall be posted on
our webpage, http://www.roundrocktexas.ciov/home/index.asp?pane=463. Questions shall be
submitted to the City contact named in PART I, Paragraph 5.
The City reserves the right to modify these dates. Notice of date change will be posted to the City's
website.
2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the
date noted above to the Purchasing Department. Mail or carry sealed responses to:
City of Round Rock
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
2.1. Responses received after this time and date shall not be considered.
2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation
title, number, due date and "DO NOT OPEN".
2.3. Facsimile or electronically transmitted responses are not acceptable.
2.4. Late responses will be returned to Respondent unopened if return address is provided.
4of12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-91438
2.6. Responses cannot be altered or amended after opening,
2.6. No response can be withdrawn after opening without written approval from the City for an
acceptable reason.
2.7. The City will not be bound by any oral statement or offer made contrary to the written
specifications
SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http:/hvww.roundrocktexas.gov/home/index.asp?pa_qe=463 for any updates pertaining to the
solicitation described herein. Various updates may include addendums, cancelations, 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.
4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss,
but not be limited to:
4.1. City contact(s) information for implementation of agreement;
4.2. Agreement terms and conditions;
4.3. Identification of specific milestones, goals and strategies to meet objectives.
PART III
SPECIFICATIONS
HISTORY: The City has approximately forty six (46) facilities to maintain. Facilities maintained
consist of both commercial and residential structures, including but not limited to emergency
response and office buildings.
1.1. City facilities are under the supervision of the City's authorized and designated representative
herein after "Facilities Manager':
Pete Dominguez, Facilities Manager
Phone #: 512-341-3144
2. SCOPE OF WORK: The Contractor shall provide on-site electrical services for various City -owned or
occupied locations on an as needed basis. Work may be performed on the exterior or interior of
buildings. The awarded contract will cover projects for the City up to $ 15,000.00. Only services
meeting the specifications herein will be accepted. The Contractor shall:
2.1. Provide all personnel, equipment, tools, materials, supervision, labor and other items and
services to perform maintenance, repair, renovations, installation or alteration of electrical
systems including power, lighting, electrical related fixtures and any other components per
drawings and specifications which will be provided by the Facilities Manager;
2.2. Not perform services without prior authorization from the Facilities Manager;
2.3. Be available for any and all electrical work required by the City. The Contractor shall have an
organization proficient in carrying out multiple projects simultaneously for emergency and
non -emergency calls.
2.4. Notify the Facilities Manager if during the course of work the Contractor experiences a
conflict with the plans/scope of work or the NEC (National Electrical Code), before
proceeding with said work.
5oi12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-914-38
3. DISTANCE REQUIREMENT: In order to assure the City does not encounter delays in emergency
and regular service, shipping or other unforeseen problems that can occur with out of area Vendors,
Respondent shall be located within thirty five (35) miles from Round Rock, Texas.
4. WORKMANSHIP: Only the highest quality of work shall be performed and all materials furnished in
carrying out this agreement shall be new and 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. The Contractor shall:
4.1. Provide only new materials and parts for all projects unless pre -approved by the Facilities
Manager;
4.2. At the conclusion of the project, demonstrate to the Facilities Manager 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 Facilities Manager;
4.3. 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.
5. 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.
The Contractor shall:
5.1. 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;
5.2. Provide background checks on all employees assigned to a project prior to commencement
of work to the Facilities Manager;
5.3. Assign to the City only courteous, neat, orderly and competent workers, skilled in the
performance of the services which they shall perform under the Agreement;
5.4. Require all employees to wear City issued badges in a visible manner at all times while on
City property. Upon approval, the Facilities Manager shall provide site access to the
Contractor and all required personnel.
6. ELECTRICIAN / ELECTRICAL CONTRACTOR REQUIREMENTS: The following contains the
minimum requirements and experience for electrical services required by the City. The Electrician /
Electrical Contractor herein after "Contractor" shall ensure that all personnel are skilled and qualified
to perform the services as requested. The Contractor shall:
6.1. Be licensed to perform electrical work as required by the Texas Department of Licensing and
Regulation by either holding a license as a Master Electrician or be licensed as an Electrical
Contractor, and employ a Master Electrician,
6.1.1. Master Electrician shall have at least five (5) years' experience with a minimum of
three (3) years' commercial experience.
6.1.2. If a Journeyman Electrician is employed and will be assigned to any City projects, the
Journeyman Electrician shall have at least three (3) years' experience with a
minimum of two (2) years' commercial experience. All work performed by the
Journeyman Electrician shall be inspected and approved by the Contractor's Master
Electrician.
6 of 12
SOUCITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82, 13-91438
6.2. Perform functions that include but not be limited to: adding additional circuits, replacing
panels and sub -panels, adding dedicated lines and grounds, and replacing motors, and other
electrical work as described by the Facilities Manager,
6.3. Have access to and have a working knowledge of all the tools and equipment used to install
and perform electrical repairs;
6.4. Be able to work unsupervised and run a crew;
7. DESIGNATED PERSONNEL: In order to maintain consistent standards of quality work performed
across the City, the Contractor shall identify and designate crew leader, crew and point of contact for
City projects.
7.1. Respondent shall indicate on the Bid/Price sheet the Respondent's Designated Contact
Person's name and telephone number.
7.2. Contractor shall provide to the Facilities Manager a personnel list of the Designated Crew
Leader/Supervisor and Crew before work commences.
7.3. Said contact person, crew leader/supervisor and crew shall remain the same throughout the
term of the contract or upon termination of the employee. if a change has been made in the
personnel list due to termination, the Facilities Manager shall be noted by the Contractor
immediately at the time of the change. NO substitutions of key personnel shall be permitted
without written approval of the Facilities Manager.
8. SCHEDULING I RESPONSE TIME: All work shall be scheduled at the convenience of the City as
not to interfere with the City's conduct of business. Man hours paid under this contract shall be only
for productive hours beginning and ending at the job site. Response times shall be as follows:
8.1. Non -Emergency Service Calls: Regular business hours shall be from 7:00 AM to 6:00 PM,
Monday through Friday (excluding weekends and holidays).
8.1.1. Contractor shall provide a written estimate within twenty four (24) hours, if the job is
simple and small enough that it does not require site verification or site visit. If the
job is more complicated or requires site verification or site visit, the Contractor shall
respond and provide a written estimate within forty eight (48) hours.
8.1.2. All work shall begin within five (5) days of the original request.
8.2. Emergency Service Calls: If the Primary Contractor cannot meet the City's need for the
emergency request the City will then contact the Secondary Contractor. The City reserves
the right to contract with any contractor in the case of an emergency, and no response or
untimely response has been made with either the Primary or Secondary Contractors.
Contractor shall:
8.2.1. Respond to emergency calls within two (2) hours after the request is placed.
8.2.2. Be on site at the location of required service within four (4) hours after notification by
the City.
8.2.3. Provide a twenty four (24) hour emergency contact phone number. For emergency
calls, outside regular business hours a voice mail paging system is acceptable on the
condition that a call back is initiated within thirty (30) minutes from the time that the
page is placed.
9. WORK HOURS:
9.1. Regular business hours are from 7:00 am to 6:00 pm, Monday through Friday (excluding
weekends and holidays).
9.2. Overtime hours consist of hours outside the City's regular business hours, weekends, and
holidays. Overtime pay will be allowed by the City, only upon approval of the Facilities
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SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-914-38
Manager in advance of work. Overtime work shall be based on the rate of regular labor not
to exceed one and one half (1 '/) times the fixed hourly rate for the tradesman performing the
service.
9.3. City Holidays Include: New Year's Day, Martin Luther King, Jr. Day, President's Day,
Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Day
after Thanksgiving, Christmas Eve and Christmas Day.
9.4. Emergency Calls: Contractor shall only respond to emergency calls placed by the Facilities
Manager or an assigned authorized representative.
10. SUBCONTRACTORS: Contractor shall not sublet any work out to a third part). The City seeks
to do business directly with a skilled Electrician who will remain on site for the duration of each project
or assign a designated, skilled Electrician on staff to be the City's primary point of contact.
11. WORKER'S COMPENSATION INSURANCE: The Texas Labor Code, Section 406 — 098 requires
worker's compensation insurance coverage for all persons providing services on building or
construction projects for a governmental entity. The Texas Workers' Compensation statues can be
obtained from the Texas Department of Insurance website at hitp://www.tdi texas.govtndex.html.
11.1. A copy of the Contractor's Certificate of Workers' Compensation Insurance shall be submitted
prior to approval of contract.
11.2. A copy of the Respondent's declaration page showing that they carry Workers' Compensation
Insurance shall be furnished with the Respondent's solicitation response.
12. SAFETY: The Contractor 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 Contractors 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 the awarded
contract. In cases 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.
12.1. Material Safety Data Sheets: Contractor 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 being used.
13. SERVICE I REPAIR PARTS: At the time the City calls for service, and the Contractor determines a
location needs repairs:
13.1. Eighty five percent (85%) of all parts shall be on-site within twenty four (24) business hours;
13.2. All remaining parts shall be normally on-site within forty eight (48) hours;
13.3. Contractor shall guarantee all parts provided to the City for sixty (60) days;
13.4. 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 is in excess of $ 500.00.
14. DELIVERY AND STORAGE: It shall be the responsibility of the Contractor to make all arrangements
for delivery, unloading, receiving and storing materials in the building during installation. The City will
not assume any responsibility for receiving these shipments. The Contractor shall verify with the
Facilities Manager and make necessary arrangements for security and storage space in the building
during installation.
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SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82, 13.914-38
15. WARRANTY: 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 defect.
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.
16.1. Bids shall not exceed 10% waste expectation on all quantities.
17. PERMITS: Contractor shall obtain all necessary permits or licenses for inspections, tests, and other
services required for completion of work. Inspections shall be scheduled through the Facilities
Manager. The City of Round Rock's permit fees shall be waived.
18. DAMAGE: Contractor shall be responsible for damage to the City's equipment and or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment.
19. ESTIMATES: Contractor shall provide a non-binding written "Not to Exceed' estimate on all projects
at no charge to the City. It is the Contractor's responsibility to ensure that all information is complete
to provide an accurate estimate. Contractor shall respond with a written estimate (see PART III,
Paragraph 8 for response time). Estimates shall include:
19.1. Department name and location of the project;
19.2. Contractor's designated contact name, telephone number and license number,
19.3. Breakdown of Labor costs (Number of workers, hourly rate) Note: Contractor shall submit a
total hourly and overtime rate price for labor that includes, but not be limited to, all costs for
labor, overhead charges, travel, transportation, and payroll expenses.
ice and extended
Note: All
19.4. MateriaeplacelmenDetailed t materials and description,quantity,
shalllbe new and the same as he existing oornan) approved
equal;
19.5. Cost of Equipment rented to complete project;
19.6. Total Cost (Labor and materials);
19.7. Description specifying work to be done;
19.8. Time projected to complete the project / anticipated completion date.
20.REPAIR REPORTS: Contractor shall upon completion of any preventative maintenance, repair work
or installation, provide a repair report to the Facilities Manager. At a minimum the repair report shall
include:
20.1. Contractor's designated contact name, telephone number and license number;
20.2. Date and time repair request was received;
20.3. Location of the work site;
20.4. Date and time of arrival to and departure from the worksite (note: man hours paid under this
contract shall be only for productive hours beginning and ending at the job site);
20.5. lime spent for repair / maintenance / installation;
20.6. A detailed statement as to the condition of the serviced, repaired or installed equipment;
20.7. Any problems identified and any corrective action taken;
nt
d and back ordered
s. Note: All
20.8. replacement materials materials and parts shallalll be new and theesame as the existing porrt
Any ean approved
equal;
9 of 12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-91D-82.13-914-38
20.9. A detailed description of all the completed repair work certifying the location is in working
order, which shall be signed by the Facilities Manager at the time the work is completed.
Note: Unforeseen or unknown repairs will be mutually agreed upon by the Contractor and the
Facilities Manager. The Contractor shall submit a written estimate for the extra work on a time and
materials basis using contract pricing.
21. SERVICE RECORDS: In addition to the repair report(s). Contractor shall maintain a complete record
of all service performed on each location, including all parts replaced. All service records and all test
results shall be furnished to the Facilities Manager for review upon request.
22. INVOICE REQUIREMENTS: The Contractor, upon completion of each service, shall address
invoices to the City as follows:
22.1. Repair Work: The total hourly and overtime rate price for labor shall include costs of labor,
overhead charges, travel, tools and equipment necessary to complete the work,
transportation, and payroll expenses. Parts and materials shall be billed separately. Man
hours paid under this contract shall be only for productive hours beginning and ending at the
job site;
22.2. Parts and materials: The cost of parts and materials shall be listed separately from labor. A
maximum percentage markup, as indicated on line item # 6 of the Bid/Price sheet, will be
allowed for material that the Contractor has to purchase and re -bill. Note: All replacement
materials and parts shall be new and the same as the existing or an approved equal;
22.3. Cost of Equipment rented to complete project;
22.4. The Contractor may submit the Repair Report (See PART 111, Paragraph 20) as an invoice by
modifying it if necessary so that all required invoicing information is contained within the
repair report.
22.6. Payment will be issued in compliance with the Prompt Payment Policy (See PART I,
Paragraph 12). Any advancement for parts or supplies will not be permitted.
PART IV
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. Respondents are encouraged to carefully read the entire solicitation.
Respondent shall submit one (1) executed (signed) original and five (5) copies of each response.
For your bid to be responsive, all required attachments identified below shall be submitted with your
proposal. The Samples and/or copies shall be provided at the Respondent's expense, and shall become
the property of the City unless the Respondent provides a return envelope and postage.
1. Attachment A: Reference sheet shall include the name, address, active telephone number and valid
e-mail address of at least three (3) Municipal and/or Government agencies or firms of similar size and
scope that have utilized similar services within the past two (2) years.
2. Attachment 13: Responses shall be submitted on itemized, signed Solicitation Bid/Price sheet
provided herein. Failure to itemize or sign solicitation may result in disqualification. Submission of
10 of 12
SOLICITATION NUMBER
13-016
SPECIFICATION NUMBER
13-910-82,13-91438
responses on forms other that the City's Solicitation Document may result in disqualification of the
response. In the event of errors in extension pricing, unit prices shall govern.
3. A copy of the Respondent's declaration page showing that they carry Workers' Compensation
Insurance shall be furnished with the Respondent's solicitation response.
4. The Respondent shall be licensed to perform electrical work as required by the State of Texas.
Respondent shall submit a copy of the license with their solicitation response (see PART III,
Paragraph 6).
5. Any other Certifications, Licenses or Memberships to Professional Associations including but not
limited to Job Order Contracting (State Certification), or other specialized Licenses or Certifications
can be submitted with the response for review and may be considered as value added benefits.
The following items shall be made available upon request by the City prior to award and the
approval of any contract:
1. A copy of the Primary and Secondary Contractor's Certificate of Workers' Compensation Insurance
shall be submitted prior to approval of contract.
2. Proof of citizenship or right to work in the United States and background checks shall be provided for
all employees assigned to work in and on any City property prior to commencement of work to the
Facilities Manager.
CONFIDENTIALITY OF CONTENT: 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.
• 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.
• 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.
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