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R-13-06-27-E7 - 6/27/2013RESOLUTION NO. R -13-06-27-E7 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 (plumbing) 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, TDI Industries, Inc. has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of TDI Industries, Inc., 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 (Plumbing Trade) From TDI Industries, Inc., 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. ai-), /L�'� ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: . qq��/�ho— SARA wIyy' L. WHITE, City Clerk O: \wdox\SCClnts\0l 12\ 1304\MUNIC IP AL\00276900. DOC EXHIBIT "A „ CITY OF ROUND ROCK AGREEMENT !1 FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION TRADES SERVICES (PLUMBING TRADE) FROM 5-F MECHANICAL GROUP, INC. 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 (plumbing) 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 5-F MECHANICAL GROUP, INC., whose address is 15705 Brenda Street, Austin, Texas 78728, referred to herein as "Vendor." 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 (plumbing) 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 Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified services and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation Number 13-018, Specification Number 13-910-60 and 19-914-68 ("IFB"); (b) Vendor' Response to IFB; (c) 00274015.doc/jnv 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) Vendor' 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. Vendor means 5-F Mechanical Group, Inc., or any of its successors or assigns. 2.41 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 Vendor 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 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 2 Vendor in writing and accompanied by the appropriate documentation to justify the requested increase. Vendor 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 Vendor to supply the services as outlined in the IFB; and Response to IFB submitted by Vendor, 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 Vendor 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: Vendor shall be considered as one of two providers of the specified goods and services, and shall be considered the primary 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. Vendor 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. Vendor specifically further acknowledges and agrees as follows: Vendor 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 3 (2) hour response time. Vendor 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 Vendor by telephone with emergency instructions when City has designated an emergency service call situation. In the event that Vendor 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 another provider as provided above. Non -answer of notification call may result in City declaring Vendor to be non-compliant with the order and under this Agreement; non -returned voicemail within thirty (30) minutes may result in City declaring Vendor 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 Vendor of an emergency service call situation Vendor 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 Vendor 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 another provider or from a different source. Mandates for Provision of Goods and Services — Non -Emergency Service Calls Vendor specifically further acknowledges and agrees as follows: City shall make a notification call to Vendor by telephone with non -emergency instructions when City has designated a non -emergency service call situation. In the event that Vendor 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 another provider as provided above. Non -answer of notification call may result in City declaring Vendor to be non-compliant with the order and under this Agreement; non - returned voicemail within twenty-four (24) hours may result in City declaring Vendor 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. When City has designated a non-emerjeency service call situation Vendor shall fulfill in full the non -emergency order within the dates and times specified by City. Driving distance from City's location to Vendor 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 4 Agreement, then and in that event Vendor 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, painting services are awarded to Vendor in accordance with bid items #1 through and including #6 shown on Exhibit "A," as follows: Regular Hourly Labor Rate Master Plumber Journeyman Plumber Overtime Hourly Labor Rate Master Plumber Journeyman Plumber Materials (if on Cost -Plus basis) Percentage Markup 6.01 COSTS $57.00 (no minimum hours) $56.00 (no minimum hours) $88.58 (no minimum hours) $88.58 20% Vendor 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 Vendor. 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; 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 5 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 Vendor a written notice of termination at the end of its then -current fiscal year. 10.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor 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. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). 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 Vendor, 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 Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 0 11.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without incurring any liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 12.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor' charges. 13.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the services as specified, City reserves the right and option to obtain same from another source or supplier(s). 14.01 INSURANCE Vendor shall meet all requirements as stated in the attached IFB (including all attachments and exhibits), 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 Vendor abandons or defaults hereunder and is a cause of City purchasing the specified services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations 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 Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor 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 Vendor, Vendor shall discontinue all services in connection with 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 termination notice, Vendor shall submit a statement showing in detail the goods and services satisfactorily performed hereunder to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 19.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor' agents, employees or subcontractors, in the performance of Vendor' obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, 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 Vendor: Mr. Tommy Schnautz 5-F Mechanical Group, Inc. P.O. Box 81305 Austin, TX 78708 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 Vendor. 23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions �tl herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 24.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 25.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 26.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any 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. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor' failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Iff Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Name: Title: Date Signed: For City, Attest: By: Sara L. White, City Clerk For City, Approved as to Form: By: Stephan L. Sheets, City Attorney 5-F Mechanical G Printed Name:�rc Title: ,i��S•'v9T� �t Date Signed: 0 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 CITY OF ROUND ROCK INVITATION FOR BID PLUMBING 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 Plumbing 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://Y.,ww.roundrocktexas.gov/home/index.asp?pa-qe=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: 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 EXHIBIT „A„ SOLICITATION NUMBER 13.018 SPECIFICATION NUMBER 13-910-60,13-914-68 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 comparable 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. (SeeAttachmentA 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 13.018 SPECIFICATION NUMBER 13-910-60,13-914-68 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:/Iwww.roundrocktexas.gov/home/index.asp?page=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. 3or12 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-914.68 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 March 9, 2013 March 19, 2013 1.3. City responses to all questions or addendums March 21, 2013 1.4. Responses for solicitation due by 3:00 PM March 26, 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, littp://www.rOLliidrocktexas-gov/iioiiielindex.asp?pacie=463. Questions shall be submitted to the City contact named in PART 1, 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 13-018 SPECIFICATION NUMBER 13-910-60.13-914-68 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 hftp://www.rouiidrocktexas.00vlhoine/index.asp?paqe=463 for any updates pertaining to the solicitation described herein. Various updates may include addendurns, 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 awarded contract will cover projects for the City up to a 15,000.00. Only services meeting the specifications herein will be accepted. The Contractor shall: 2.1. Provide on an as needed basis on-site plumbing services required by the City including all personnel, equipment, tools, materials, supervision, labor and other items and services necessary to perform maintenance, renovations, repair and installation of plumbing systems for various City -owned or occupied locations; 2.2. Be available for all plumbing work required by the City. Have an organization proficient in carrying out multiple projects, which may be performed on the exterior or interior of buildings, simultaneously for emergency and non -emergency calls; 2.3. Not perform services without prior authorization from the Facilities Manager; 2.4. Notify the Facilities Manager if during the course of work the Contractor experiences a conflict with the plans/scope of work before proceeding with said work. 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. 6of12 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-91468 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. MASTER PLUMBER / PLUMBING CONTRACTOR REQUIREMENTS: The following contains the minimum requirements and experience for plumbing services required by the City. The Plumber ! Plumbing 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 plumbing work as required by the Texas Department of Licensing and Regulation. Respondents shall submit a copy of the Contractor's license with the solicitation response; 6.1.1. Master Plumber shall have at least five (5) years' experience with a minimum of three (3) years' commercial experience. 6.1.2. If a Journeyman Plumber is employed and will be assigned to any City projects, the Journeyman Plumber shall have at least three (3) years' experience with a minimum of two (2) years' commercial experience. All work performed by the Journeyman Plumber shall be inspected and approved by the Contractor's Master Plumber. 6.2. Have access to and have a working knowledge of all the tools and equipment used to install and perform plumbing repairs; 6.3. Be able to work unsupervised and run a crew; 6of12 SOLICITATION NUMBER 13.018 SPECIFICATION NUMBER 13-910-80,13-914-88 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 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 / 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:OOAM to 6:00 PM, Monday through Friday (excluding weekends and holidays). 8.1.1. Contractor shall respond within twenty four (24) hours after the request is placed. 8.1.2. 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 provide a written estimate within forty eight (48) hours. 8.1.3. All work shall begin within five (5) days of the original request and completed within the timeframe provided on the Contractor's estimate. 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 Manager in advance of work. Overtime work shall be based on the rate of regular labor not to exceed one and one half (1 '/2) times the fixed hourly rate for the tradesman performing the service. 7of12 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER, 13-910-60,13-914-68 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 party. The City seeks to do business directly with a skilled Plumber who will remain on site for the duration of each project or assign a designated, skilled Plumber 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.gov/ir)dex.htmi. 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 / 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. 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. 8 of 12 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-91468 16. QUANTITY: 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. 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. 19A. Materials (Detailed description, quantity, unit price and extended price amounts) Note: All replacement materials and parts shall be new and the same as the existing or an 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; 20A. 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. Time 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; 20.8. Any materials or parts used including equipment rented and back ordered parts. Note: All replacement materials and parts shall be new and the same as the existing or an approved equal; 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. 9of12 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 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 four (4) 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 comparable 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 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. 10 of 12 SOLICITATION NUMBER 13.018 SPECIFICATION NUMBER 13-910-60,13-914-68 4. The Respondent shall be licensed to perform plumbing 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). S. 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 if 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 ;:. It011\UROCt:•7F\:Lti BID FORM J R (Ca (JJ A1.._. PURCHASING DEPARTMENT 221 E. Main Street a Round Rock, Texas 78664-5299 HOW DID YOU HEAR ABOUT THIS SOLICITATION? ❑ Newspaper ❑City's Website ElE-mailAnnouncement ❑ ESBD ❑ Other IS THIS THE FIRST ❑ ❑ Yes X R YOUR BUSINESS TIME RESPONDINGNo REGISTERED WITH ©Yes ❑ No Register at: roundroclaexas.gov/VendorCentral TO THE CITY? VENDOR CENTRAL? Part 1: Labor Rates and Parts markup percentage ITEM # DESCRIPTION Solicitation Number: #13-018 Solicitation Name: Plumbing Services UNIT OF MEASURE Tax ID Number: 1820570929 Business Name: 5—F Mechanical Group o Labor rates shall include all direct and indirect costs such as transportation and overhead. Regular business hours are from Monday through Friday, 7.00 am to 6:00 pm. MASTER PLUMBER Opening Date: March 26,2013 REGULAR HOURLY LABOR RATE: Address: PO Box 81305 Austin,Tx p $57.00 2 JOURNEYMAN PLUMBER Address: 15705 Brenda St Austin, ,,- Opening Time: On or Before 3:00 PM CST O $56.00 3 U_ Contact: Tommy Schnautz Q i Opening Location: City of Round Rock exceed one and one half (9 %) times the regular hourly labor rate. 4 MASTER PLUMBER OVERTIME HOURLY LABOR RATE: City Hail p Telephone: (512) 251-6880 ext 4 221 E. Main Street U Round Rock, TX 78664 a Entity Type: Mechanical Contractor A rn "' o E-mail: tommy5f@sbcglobal.net Website: 5F Mech.com HOW DID YOU HEAR ABOUT THIS SOLICITATION? ❑ Newspaper ❑City's Website ElE-mailAnnouncement ❑ ESBD ❑ Other IS THIS THE FIRST ❑ ❑ Yes X R YOUR BUSINESS TIME RESPONDINGNo REGISTERED WITH ©Yes ❑ No Register at: roundroclaexas.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 shaft 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, 7.00 am to 6:00 pm. MASTER PLUMBER REGULAR HOURLY LABOR RATE: HOUR $57.00 2 JOURNEYMAN PLUMBER 1 HOUR REGULAR HOURLY LABOR RATE: $56.00 3 MINIMUM # HOURS (IF ANY): HOUR(S) i _E Overtime hours include weekends, holidays and hours other than regular business hours. Overtime charge is not to exceed one and one half (9 %) times the regular hourly labor rate. 4 MASTER PLUMBER OVERTIME HOURLY LABOR RATE: HOUR $ 38-58 Tx 5 JOURNEYMAN PLUMBER 1 HOUR $88.58 OVERTIME HOURLY LABOR RATE: 6 PERCENTAGE (%) MARKUP (IF ANY): 20 % Part 2: Additional Information H Z w E w l7 0 w O Z U d CONTACT INFORMATION: Indicate a contact person and telephone number for normal working hours /service calls Designated Contact Person: Tommy SchnauLz Phone#(512) 251-6880 ext 4 EXPERIENCE: Indicate the number of years your firm has been in business: 19 years Indicate the number of Plumbers that will be designated to the City and their total number of years' experience: 6,:Plumbers Average of 20 years experience each 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 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business. 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 terms outlined in Part I ill of this solicitation, if applicable, do you agree to "piggyback' purchasing from other governmental agencies? © Yes ❑ No Response shall include one (1) signed original and four (4) copies of response.�,r - Tommy Schnautz 3/25/13 Printed Name Authc ed Signal Date Failure to sign response will disqualify response. SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 13-018 RESPONDENT'SNAME:5-F Mehhanical GroupeInc! .DATE: 3/25/13 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 comparable 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 The University of Texas at Austin Name of Contact Jesse Hi111 Title of Contact Supervisor - Steam and Plumbing E -Mail Address Jesse.hill@austin.utexas.edu Present Address 1341 Dean Keeton Street City, State, Zip Code Austin, Texas. 78722 Telephone Number ( 512 ) 471-7752 Fax Number: (512 ) 232-5693 2. Company's Name Texas Department of Transportation Name of Contact Rick Greer Title of Contact Headquarters Mainenance Manager E -Mail Address _Rick.Greer@txdot.aov Present Address 3810 Jackson Avenue City, State, Zip Code Austin, Texas 78731 Telephone Number (512 ) 465--7974 Fax Number: ( 512. ) 465-7355 3- Company's Name Round Rock Independent School District Name of Contact Mike Wolfe Title of Contact Plumbing Shop Foreman E -Mail Address mike wolfe@roundrockisd.org Present Address 16239 Great Oaks Drive City, State, Zip Code Round Rock, Texas 78681 Telephone Number _(512 ) 464-8340 Fax Number: ( 512 ) 464-8370 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. i2 of 12 Cilent#: 74284 145FMEC ACORN CERTIFICATE OF LIABILITY INSURANCE DATE (MINDDiYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 9/24/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE IDES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cartiftcate holder Is an ADDITIONAL INSURED, the policy(fes) must be endorsed. If SUBROGATION IS WANED, 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 endomement(s). PRODUCER Wortham insurance & Risk Mgt 221 West 6th St #1400 Austin, TX 787701 WE CT Janet R. Evans Alco k . 512,153-0031 x, :512 853.0041 E P RE : Janet.ovan$aC/worthaminsurance.com iNSU ) AFPDRDMG COVMAGE NAIL 0 512453-0031 IItSURER A: Travelers Lloyds Insurance Comp 41262 INsuREO 5-F Mechanical Company, Inc.wsuRER 5-F Mechanical Group, Inc. P.O. Box 81305 INSURER e: Travelers Indemnity Company of '25682 and c: Travelers Casualty and Surety C 19038 INSURER D: Charter Oak Fire Comp ;25615 ---- _ INSURER E: Austin, TX 78708-1305 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO YfH{CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES 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 OFINSURANCE DDR V09L SWU8 POLICY NUNaER IXP ) LnKTs MOM A GENERAL LIABILITY 1 DTCO5915M637TLC12 8/24/2012 08124/2013 EACH ow IRRENcE s 1 000 000 X COMMERCIAL GENERAL LIABILITY 5300 OIiO CLAIMS -MADE aOCCUR } MED EXP(/ W"peesw) S50W PERSONAL & ADV 04MY $1 OW 000 I : GENERALAGGREGATE s2 OOO OOO GENt ACiGF>EGATE LIMR APPLIES PER j PRODUCTS-COMP"AGG 52,000,000 POLICYX PR0. LOC S D AUTOMOBILE LIABILITY BA5922M20A D812412012 08124/201310 0,000,000 X ANYAUTO _ i BODILYINXIRY(per pwmv S �^ ALL OWNED SCHEDULED AUTOS AUTOS :BODILYIHRIRY(Pereocder8) S14O_..-� • T ---• HIRED AUTOS X AUTNOS�NED i i PROPERTY DMA13E S f S B X UMBRELLA LIAO X OCCUR ;CUPS4620500 —~^ 8124/2012 08/2412013 EACH OCCURRENCE }$5.000,000--- ExCESSLWB CLAIMS -MADE =_ AGGREGATE DED I X1 RETENnONS10 000 ---ii,000,000 -5-5 i S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTAUB5913M700012 8124/2012 08/24/2013 X wCSTATUOnf ANY PROPRIETORIPX N C,XECUnVE �Y i N i EL EACH OOO OOO OFUMOM EXCLLIDEIn NIA ; ACCIDENT S1 (Mandatory )h NH) EL DISEASE - EA ENS�I.OYEE 51,000,000 If yYam, deserbeuAdOr DESGIR)PnONOFOPERATIONSbelow 1 - _.-•-- iELDLSEASE-POUCYLW$TIt 51,000000 1 i i DESCRIPTION OF OPERATIONS / LOCAMONSI VEI*CLES (AUach ACORD 101, Ad(rdlona! Romariee Bch-ddN N mao space IS M***d) Forms and Endorsements Schedule: General Liability: Blanket Additional Insured (Contractors) #CGD6040510 Contractors Xtend Endorsement #CGD3160704 (See Attached Descriptions) 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 POUCY PROVISIONS. 221 E Main Street AUTHORIZED REPRESENTATIVE Round Rock, TX 78664 b ISW2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of AGORD #S3325671M327803 14JRE 0 W � � � Z a W � Q Z 0 CO W D CL 0 ®2 / . EO _ )\ - Er « - / ) A a _ ( k& fCo E 22 0 j \ k � - cc 0 (} 0 0a E 2/ \ / j \ L. o [ 33 � - ;$ :g #2aLU(D - d) / p 3 \ k 5,U) U � _ - § k\ 5 } \ { ` � \ \ LL H ) m j \ ~ / \ # § § } \ § § } 2 & 2 / e ° 9 § \ \ / / 7 ) \ / o LL _ \ \ $ 7 ) � < � [LUL /7%/ § ? ° J ® » o W § j / \ » 5 ) E 0 ` oma®\ { ƒ§ �® / e m® o t -- o< o u§ e(L H 3 koƒ°° 2[« `� o °j°e\}�8 E. o< n nue E § / ?§ - u e u u o<� R ® ) = / $ § § « f £ ; § > a E & ( § r m a e 2 s E e G `§~ o 6 8 9 9 9( (f ƒ\( 2 j § F & - 0 ° \ / ° M § ) p 7 § § § 2 3 \ } r / | \ \ [ [ \ § j kf \ 7 / k 2 u & G \ \ ) ) / % S G r CL J COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part. However, the person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal in- jury" and as described in Paragraph a), b) or c) below, whichever applies: a) If the "written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organiza- tion by the use of: L The Additional Insured — Owners, Les- sees or Contractors — (Form B) endorse- ment CG 20 10 1185; or B. The Additional Insured — Owners, Les- sees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01 and the Additional Insured — Own- ers, Lessees or Contractors — Completed Operations endorsement CG 20 37 10 01; the person or organization is an additional in- sured only if the injury or damage arises out of "your work" to which the "written contract requiring insurance" applies. b) If the "written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organiza- tion by the use of: L The Additional Insured — Owners, Les- sees or Contractors — Scheduled Person or Organization endorsement CG 20 10 07 04 and the Additional Insured — Own- ers, Lessees or Contractors -Completed Operations endorsement CG 20 37 07 04; or ii. The Additional Insured — Owners, Les- sees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 and the Additional Insured — Owners, Lessees or Contractors — Completed Op- erations endorsement CG 20 37, without an edition of such endorsements speci- fied; the person or organization is an additional in- sured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. c) If neither Paragraph a) nor b) above applies:' i. The person or. organization is an addi- tional insured only if, and to the extent that, the injury or damage is caused by acts or omissions of you or your subcon- tractor in the performance of "your work" to which the "written contract requiring in- surance" applies; and ii. The person or organization does not qual- ify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance'. This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or - CG D6 04 0510 0 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 I it COMMERCIAL GENERAL LIABILITY ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed opera- tions hazard" unless the "written contract re- quiring insurance" specifically requires you to provide such coverage for that additional in- sured during the policy period. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and , collectible "other insurance", whether primary, ex- cess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance"* specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional in- sured by this endorsement still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional in- sured under such "other insurance". 4. As a condition of coverage provided to the addi- tional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: I. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and Iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which cov- ers that person or organization as a named insured as described in Paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed, during the policy period and: a. After the signing and execution of the contract or agreement by you; and b. While that part of the contract or agreement is in effect. Page 2 of 2 O 2010 The Travelers Indemnity Company. All rights reserved. CG D6 04 05 10 F- 0 0,= CU o Q�LjW m gz, J N "' 2 tm m G n.. 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E T 3 > m c C y - O m Y.1 m a) N O T c.o L2 �v o?' 5 oc wUU rnoWJ oaiaco uyoE°c>•cn°oEa°1ic omCcv ¢ 0 o omdcm Eo n�Q•N amv w0 3: In on�`om Zwayccnm°.yc�c°i°`ono TEn.m�m�' m O ai N H T C O V >. a N J w O> p J m m E o (/7 - .. w 'E-.? c o.� - c m 3U ow J L m 0.6 m m• -,a w ¢ N o- ¢-c3r O2 m d =¢ F co N TO ° �M LL�o: FL-• w ni p YIx Hhrgw ai 63 O U § 2 w ( \ \ u E E \uj �� - yf�� ;§R \ j (\ ƒ c; .�� °©o 2#= }*E //�k.§ §) Zpz r=c:tm \§ X00 >)«§[n—C 7■&2am\®)2=�. . m e -§ =«)Juu-�� KZ& 2\@W=O LO =,2z.r��§] Sr W � &;-1,`6..§ k0§} eƒ\ q% btm p.. 0 �E \ \ \- /]\f / _ Ca, 2 � ) cn & ®\ _ = z \k \ S\ Cc o» z \ § 0§(0CL - 7)r \b2§\r -�. \§ in _aui °`moss 0 2rff@0 2LLJ �y /■gf)� =�2= cc 0 & � } to co TRAVELERS) WORKERS COMPENSATION ONE TOWER SQUARE AND HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 03 04 (A) — 001 POLICY NUMBER: (DTAUB-5913M70-0-12) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Specific Waiver Name of person or organization 1X Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 02 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations describe. 4. 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GROUP INC 1 iIC.# TACLA826BE EXPIRES 05/07/2013 Tr".XJ33 DEPAR'r/•'1ET7T OF 1-IC63HSIW9 AND REGULATION RICHARD JOE HILDERBRAND MASTER RMP WCENSE NO.UaEL 16699 04118/1949 w J' E)(pm 05/31/2013 tSjjgByUCEMNA=foMWffKCHAPTM1301QCC_CODE E' e S - �- 'T�3CAS C•OM1t1ttSS14IV ON EtVVIt�O�IV`ML�IVTAL QUALITY B zt ' - vn that . BIIAl� T,SCk3IAUC'� Frits f�c Clecf tF�e ruirmen, m accor'r nc—,zvath the r latus the State of Texas far r BACKFLCiW– PREVENTION ASSEMBLY-TESTER f Cerae.Nu*&r BP0ols130 issue Date: 03/07/2013 g Lration Date: 03107/2016 €' EXecutive Director texas Cvrrmiission on Envlronmenta(Quafity f a • G t s 3: L City of Round Rock AROUND ROCK TEXAS wws[ v.�swn rxosvrnrtx Agenda Item Summary Agenda Number: E.7 Title: Consider a resolution authorizing the Mayor to execute a City of Round Rock Agreement for Purchase of General Building Construction Trades Services (Plumbing Trade) from TDI Industries, Inc. 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 13-446 On March 26, 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 CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION TRADES SERVICES (PLUMBING TRADE) FROM TDINDUSTRIES, INC. 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 (plumbing) 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 'O k day of the month of rV_., , 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 TDIndustries, Inc., whose address is 2701 Gattis School Road, A-101, Round Rock, Texas 78664, referred to herein as "Vendor." 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 (plumbing) 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 Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified services and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation Number 13-018, Specification Number 13-910-60, 13-914-68 ("IFB"); (b) Vendor' Response to IFB; (c) contract 00274025.doc/jmr V (,3-fjvvZ -t� 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) Vendor' 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. Vendor means TDIndustries, Inc., 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 Vendor 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 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 Vendor in writing and accompanied by the appropriate documentation to justify the requested 2 F Y °s t is( i 6 e r p� t t i i e P i q 's z i F E 4 g8g f S t i i i I t increase. Vendor 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 Vendor to supply the services as outlined in the IFB; and Response to IFB submitted by Vendor, 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 Vendor 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: Vendor 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. Vendor 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. Vendor specifically further acknowledges and agrees as follows: Vendor 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. Vendor 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. 3 City shall make a notification call to Vendor by telephone with emergency instructions when City has designated an emergency service call situation. In the event that Vendor 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 another provider as provided above. Non -answer of notification call may result in City declaring Vendor to be non-compliant with the order and under this Agreement; non -returned voicemail within thirty (30) minutes may result in City declaring Vendor 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 Vendor of an emergency service call situation, Vendor 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 Vendor 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 another provider or from a different source. Mandates for Provision of Goods and Services — Non -Emergency Service Calls. Vendor specifically further acknowledges and agrees as follows: City shall make a notification call to Vendor by telephone with non -emergency instructions when City has designated a non -emergency service call situation. In the event that Vendor 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 another provider as provided above. Non -answer of notification call may result in City declaring Vendor to be non-compliant with the order and under this Agreement; non - returned voicemail within twenty-four (24) hours may result in City declaring Vendor 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. When City has designated a non -emergency service call situation, Vendor shall fulfill in full the non -emergency order within the dates and times specified by City. Driving distance from City's location to Vendor 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 Vendor 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. 11 5.01 ITEMS AWARDED Only if, as, and when needed by City, painting services are awarded to Vendor in accordance with bid items #1 through and including #6 shown on Exhibit "A," as follows: Plumber Labor Rate $70.00 (no minimum hours, half-hour increments) Plumber Overtime Hourly Labor Rate: $105.00 (no minimum hours, half-hour increments) Plumbing Supervisor Labor Rate: $85.00 (no minimum hours, half-hour increments) Plumbing Helper Labor Rate: $65.00 (no minimum hours, half-hour increments) Plumbing Helper Overtime Labor: $97.50 (no minimum hours, half-hour increments) Materials (if on Cost -Plus basis) Percentage Markup $0.00-$100.00: 70% $101.00-$250.00: 50% $251.00-$500.00: 40% $501.00 +: 30% 6.01 COSTS Vendor 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 Vendor. 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 9 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 Vendor a written notice of termination at the end of its then -current fiscal year. 10.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor 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. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). 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 Vendor, 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 Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 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 Vendor, cancel this Agreement without incurring any liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 12.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor' charges. 13.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the services as specified, City reserves the right and option to obtain same from another source or supplier(s). 14.01 INSURANCE Vendor shall meet all requirements as stated in the attached IFB (including all attachments and exhibits), 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 7 reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 17.01 DEFAULT If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations 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 Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor 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 Vendor, Vendor shall discontinue all services in connection with 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 termination notice, Vendor shall submit a statement showing in detail the goods and services satisfactorily performed hereunder to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 19.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, :! or Vendor' agents, employees or subcontractors, in the performance of Vendor' obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, 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 Vendor: TDIndustries, Inc. Ms. Melissa Gill 2701 Gattis School Rd. A-101 Round Rock, Texas 78664 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 Vendor. 23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions 9 herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 24.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 25.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 26.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any 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. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor' failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. 10 Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Name: Title: MNVW Date Signed: For City, Attest: By:��"U� Sara L. White, City Clerk 11 TDIndustries, Inc. By: C Printed Name: Title: SY.V�CC Date Signed: SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 CITY OF ROUND ROCK INVITATION FOR BID PLUMBING SERVICES PART I 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 Plumbing 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 http://www.roundrocktexas.00vlhometindex.asp?paae=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?paae=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 EXHIBIT A 1 of 12 SOLICITATION NUMBER 13.018 SPECIFICATION NUMBER 13-910-60,13-914-68 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 comparable 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 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 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 httt)://www.roundrocktexas.nov/home/index.asl)?page=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 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 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 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released 1.2. Deadline for questions March 9, 2013 March 19, 2013 1.3. City responses to all questions or addendums March 21, 2013 1.4. Responses for solicitation due by 3:00 PM March 26, 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.gov/home/index.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 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 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 hftp:/M,ww.roundrocktexas.gov/home/index.asp?paqe=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 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 on an as needed basis on-site plumbing services required by the City including all personnel, equipment, tools, materials, supervision, labor and other items and services necessary to perform maintenance, renovations, repair and installation of plumbing systems for various City -owned or occupied locations; 2.2. Be available for all plumbing work required by the City. Have an organization proficient in carrying out multiple projects, which may be performed on the exterior or interior of buildings, simultaneously for emergency and non -emergency calls; 2.3. Not perform services without prior authorization from the Facilities Manager; 2.4. Notify the Facilities Manager if during the course of work the Contractor experiences a conflict with the plans/scope of work before proceeding with said work. 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. 5of12 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 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 ef#icient 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. MASTER PLUMBER / PLUMBING CONTRACTOR REQUIREMENTS: The following contains the minimum requirements and experience for plumbing services required by the City. The Plumber / Plumbing 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 plumbing work as required by the Texas Department of Licensing and Regulation. Respondents shall submit a copy of the Contractor's license with the solicitation response; 6.1.1. Master Plumber shall have at least five (5) years' experience with a minimum of three (3) years' commercial experience. 6.1.2. If a Journeyman Plumber is employed and will be assigned to any City projects, the Journeyman Plumber shall have at least three (3) years' experience with a minimum of two (2) years' commercial experience. All work performed by the Journeyman Plumber shall be inspected and approved by the Contractor's Master Plumber. 6.2. Have access to and have a working knowledge of all the tools and equipment used to install and perform plumbing repairs; 6.3. Be able to work unsupervised and run a crew; 6of12 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 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 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 / 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 respond within twenty four (24) hours after the request is placed. 8.1.2. 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 provide a written estimate within forty eight (48) hours. 8.1.3. All work shall begin within five (5) days of the original request and completed within the timeframe provided on the Contractor's estimate. 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 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. 7of12 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 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 party. The City seeks to do business directly with a skilled Plumber who will remain on site for the duration of each project or assign a designated, skilled Plumber 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 htto://www.tdi.texas.gov/index.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 / 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. 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. 1EM SOLICITATION NUMBER 13.018 SPECIFICATION NUMBER 13-910-60,13-914-68 16. QUANTITY: 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. 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. 19.4. Materials (Detailed description, quantity, unit price and extended price amounts) Note: All replacement materials and parts shall be new and the same as the existing or an 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. Time 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; 20.8. Any materials or parts used including equipment rented and back ordered parts. Note: All replacement materials and parts shall be new and the same as the existing or an approved equal: 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. 9of12 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-91468 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. 22.5. Payment will be issued in compliance with the Prompt Payment Policy (See PART 1, 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 four (4) 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 comparable 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 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. 10 of 12 SOLICITATION NUMBER 1"18 SPECIFICATION NUMBER 13-910-60,13-914-68 4. The Respondent shall be licensed to perform plumbing 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 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: 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 comparable 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 ( ) Fax Number: ( } 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( } Fax Number: ( ) 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 12 of 12 '_ROUND ROCK, TEXAS • nititnt isit rtiwruri BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-6299 Solicitation Number: #13-018 Solicitation Name: Plumbing Services Opening Date: March 26, 2013 Opening Time: On or Before 3:00 PM CST Opening Location: City of Round Rock 1 City Hall 1 221 E. Main Street Round Rock, TX 78664 Tax ID Number: Business Name: Address: Address: Contact: Telephone: Entity Type: E-mail: Website: HOW DID YOU HEAR ABOUT THIS ❑ Newspaper ❑City's Website DE -mail Announcement ❑ ESBD ❑ Other SOLICITATION? IS THIS THE FIRST PONDING ❑ Yes R YOUR BUSINESS TIME RE 11No REGISTERED WITH ❑Yes ❑ No Register at: roundrocktexas.gavJVendorCentrai 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, 7:00 am to 6:00 pm. 1 MASTER PLUMBER 1 HOUR REGULAR HOURLY LABOR RATE: 2 JOURNEYMAN PLUMBER 1 HOUR REGULAR HOURLY LABOR RATE: 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 PLUMBER 1 HOUR OVERTIME HOURLY LABOR RATE: 6 JOURNEYMAN PLUMBER HOUR OVERTIME HOURLY LABOR RATE: 6 PERCENTAGE (%) MARKUP (IF ANY): % Part 2: Additional Information P H Z LU w t.7 U.1 J 3 O Z X U Q CONTACT INFORMATION: Indicate a contact person and telephone number for normal working hours /service calls Designated Contact Person: EXPERIENCE: Phone # Indicate the number of years your firm has been in business: Indicate the number of Plumbers that will be designated to the City and their total number of years' experience: 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 16.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or Indirectly, the response made to any competitor or any other person engaged in such line of business. 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 quality for Inter -local or Cooperative Contracting (Piggybacking) per the terms outlined in Part I. #14 of this solicitation. If applicable, do you agree to "piggyback" purchasing from other governmental agencies? ❑ Yes ❑ No Response shall include one (1 ) signed original and four (4) copies of response. Printed Name Failure to sign response will disqualify response. Authorized Signature Date 111OIfNO ROCK. TEXAS ir�r_ me roti raps>�uiY CITY OF ROUND ROCK INSURANCE REQUIREMENTS DATED: JULY 2011 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 Sol icitationlSpecification, 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. 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 DATED: JULY 2011 ROUND ROCK, TEXAS fUPCOiE IASAO\ MtOS{'f.Al7T 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 1YROUNDUOMTEXILS PURIVA.143*40u PFMPCRIIY 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 DATED: JULY 2011 ROUND ROCK TEXAS 1l'.1-1M., l't.1 1 M., an 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 JK'OUND ROCK TEXAS IVAML MUM rROMP" BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-5299 HOW DID YOU HEAR ABOUT THIS ❑ Newspaper ❑City's Website ®,E-mail Announcement ❑ ESBD ❑ Other SOLICITATION? IS THIS THE FIRST IS YOUR INESS TIME RESPONDING ❑ Yes ® No REGI TEREDSWITH F711 Yes ❑ No Register at: roundrocktexas.gov/Vendorcentral TO THE CITY? VENDOR CENTRAL? N (bbr Part 1: Labor Rates and Parts markup percentage '�( P\CC,3C 5ee. a ��h�d ��r6;�i0►1f_ ITEM # Solicitation Number: Solicitation Name: #13-018 Plumbing Services UNIT OF MEASURE Tax ID Number: Business Name: _ZG —OqG ~f C��r1C�U5�'y�S� y& 12_ Inc- *** Regular business hours are from Monday through Friday, T00 am to 6:00 pm. o a Opening Date: March 26, 2013 ¢ Address: Z� O l Lt a�-ti Sf �,rnl Rd HOUR F5ee_ akNC'C_"ed oc ZOpening Time: On or Before 3:00 PM CST 2 p Address: S� �< JX -7W t MINIMUM # HOURS (IF ANY): HOUR(S) z Contact: Mt'y\SSC Z O Opening Location: City of Round Rock $t05' (DoOVERTIME 4MASTER 11 ,ZO ! ` On ^N _i H C'AA-G&ej City Hall LU Telephone: 1�� 221 E. Main Street Z �X %01-C7b ` CAI OYl u Round Rock, TX 78664 a Entity Type: ivi cc E-mail: Mf,� SSGl G 1�� Cu V Website: OvuM6imtinfy les. CO Inn HOW DID YOU HEAR ABOUT THIS ❑ Newspaper ❑City's Website ®,E-mail Announcement ❑ ESBD ❑ Other SOLICITATION? IS THIS THE FIRST IS YOUR INESS TIME RESPONDING ❑ Yes ® No REGI TEREDSWITH F711 Yes ❑ No Register at: roundrocktexas.gov/Vendorcentral TO THE CITY? VENDOR CENTRAL? N (bbr Part 1: Labor Rates and Parts markup percentage '�( P\CC,3C 5ee. a ��h�d ��r6;�i0►1f_ 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, T00 am to 6:00 pm. '$70 .00 1 MASTER PLUMBER1 REGULAR HOURLY LABOR RATE: HOUR F5ee_ akNC'C_"ed r^\ '176'b 2 JOURNEYMAN PLUMBER REGULAR HOURLY LABOR RATE: 1 HOUR S� 3 MINIMUM # HOURS (IF ANY): HOUR(S) 0 *** 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. -- $t05' (DoOVERTIME 4MASTER PLUMBER 1 HOUR C'AA-G&ej HOURLY LABOR RATE: JOURNEYMAN BER 5 OVERTIME HOURLY LABOR A OR RATE: I 1 I HOUR 11$ee -5. 6 1 PERCENTAGE (%) MARKUP (IF ANY): 1a1 i cnR71 Part 2: Additional Information CONTACT INFORMATION: Indicate a contact person and telephone number far normal working hours /service calls Designated Contact Person: ?cko\ 46son Phone # c5v) gy g --3 U G> EXPERIENCE: Indicate the number of years your firm has been in business: &61q-CaY 5 Indicate the number of Plumbers that will be designated to the City and their total number of years' r,.:.......... o6C -t a pYwmtaY�l Grd ,cconc-+YN c>1ymrnn, C.'tccovn�. Please. See our- ie chi1�C,�Grn cert( C'GI 1Ono 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. de✓7VQ As - 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 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 terms outlined in Part I. #14 of this solicitation. If applicable, do you agree to "piggyback" purchasing from other governmental agencies? KA Yes ❑ No Response shall include one (1) signed original and four (4) copies of response. S4Printd D$ 2S" 1 ie uth ri d Sig eture Date Failure to sign response will disqualify response. Clarifications to Price Sheet PLUMBING SERVICE RATES: Plumber Labor Rate: $70.00 per hour. Billing increments are each %2 hour and includes Master and Journeyman Plumbers. Plumber Overtime Labor: $105.00 per hour. Billing increments are eac-li %a hour and includes Master and Journeyman Plumbers. Plumbing Supervisor Labor Rate: $85.00 per hour. Billing increments are each '/z hour Plumbing Helper Labor Rate: $65.00 per hour. Billing increments are each %2 hour Plumbing Helper Overtime Labor: $97.50 per hour. Billing increments are each % hour Markup Scale: • $0.00-$100.00:70% • $101.00- $250.00:50% • $251.00-$500.00:40% • $501.00+:30% CONTACT INFORMATION If you do need assistance with any of our service or operational solutions in Central Texas please contact: • 24 -Hour Dispatch Service o W o Main Line: (512) 445-6060 d ch o Email: dalservice rr,tdindustries.com y' • Melissa Gill 0 = o Account Manager, Central Texas Service b D o Cell: (512) 203-8409 w a o Email: Melissa.gill�,ii,tdindustris.com n J� • Paul Wilson D o Plumbing Service Manager, Central Texas Service a Cell: (512) 848-3126 o� N 3 y4= d o Email: Paul wilson((2tdindustries.com ; c� z • Brett Ballard a CL o Plumbing Field Supervisor, Central Texas Service ; o Cell: (512) 801-2120 �■ �■ y N W w o Email: Brett.ballard@tdindustries.com V �" fA CT CO CT CA CO 8 O A O O O Qf UD a 3 pip co 0 SOLICITATION NUMBER 13-018 SPECIFICATION NUMBER 13-910-60,13-914-68 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: M �S�C C� ► �I DATE: 3 ' Z5 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 comparable 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 �Y�C 1co/off —r City, State, zip Code A U ' n -T1� Telephone Number Fax Number: ( } C: (61Z)O4�-11co 2. Company's Name �L— nne,: Name of Contact rAmO I lc kbeck Title of Contact (- n d O R-ey'c+ti OY» E -Mail Address Present Address City, State, zip Code Telephone Number 14 wr>�� bGn k nr ae t� { 5�2 x"132- qo�1 Number. ( 51'2) 122 �9Z 3. Company's Name 1exnS S�fCnfte 1YI NVe Y—B k -W S0,n M CAVC l Name of Contact -yG,`} �©y- �n Title of Contact i`�1 �Yl�t' ylO+YIC P i"1 Y`IC t' t'Yi��l S E -Mail Address oG Cb 4y n� n— e. ()f ) Present Address �j S C'SYl'1 QVI V2 City, State, zip Code L,_op Nl (kyC op i Xi U ceu -1 Telephone Number ( 5\2 ) 2,95 2Ur' �� Fax Number: { ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 12 of 12 TDI ualificatiom: Description of Unique Qualifications We appreciate the opportunity to provide the City of Round Rock with our qualifications for plumbing services and we are looking forward to forming a long -terra partnership with your facilities department. In order to clarify our proposal and convey our capabilities we have included documentation that outlines why TDIndustries is the leading mechanical construction and service company in the country. In addition, below are some key points for your consideration that we believe differentiates TDIndustries: 1. We have extensive experience perforning truck based service work with customers that require professional, uniformed technicians. Our plumbing service teams consist of professional service technicians with extensive experience working within state and govermnent entities including: Teacher Retirement System, Edgewood ISD, Eanes ISD, Georgetown ISD, the City of Burnet, the City of Bastrop, Bastrop ISD, and Bexar County. From sewer lines to water heaters there is nothing our team can't work on; our technicians are highly trained in every aspect of plumbing. 2. TDIndustries is dedicated to forming long lasting relationships with all of our customers, and to providing the best service possible. Our 24/7 service assures that day or night we are available for any facility need. You can call our dispatch number at 512-445-6060 to request service and outline the needed response. For emergency response we will respond within 1 hour and for non -emergency calls we will typically be on site within 24 hours. After-hours calls are handled by TDIndustries dispatchers and follow the saute response tnridelines. You will also receive a call from your dedicated service technician on the estimated time of arrival. As one of our preferred customers, you will have priority when you place a service call and you will have a primary and secondary technician assigned to your account. 3. Founded in 1946, -we are the largest employee -owned mechanical contractor in North America, with offices in Dallas, Austin, Houston, San Antonio, and Phoenix, AZ. This past year we were recognized as a Top 100 Best Company in the country to work for in Fortune Magazine, and are one of 12 companies that have been on that list since it's inception in 1998. This and other awards signify that TDIndustries is large enough to meet the increasing demands of your business while performing those duties with superior customer satisfaction as our number one goal. 4. Financial Stability is at the core of TDIndustries. In 1948 TDhidustries sold its stock to its employees to earn capital while avoiding debt. To this day TDIndustries is 100% employee owned and debt free; we have over $40M in working capital; a $15M line of credit; and unlimited bonded capacity. With revenue of $308M in 2010 we have the size and the financial strength to weather the any economic storm and would be more than happy to supply you with our finical statements upon request. For additional infonnation.I_would encourage you to explore our web site at www.tdindustries.com. Thank you for your time and the opportunity to provide you with information regarding TDIndustries. Technicians Certifications: Resumes for Plumbing Personnel Paul Wilson • Role - Responsible Master Plumber; Plumbing Service Manager • Related Training & Current Certifications - Master Plumber M 16684, Responsible Master for North Central Texas Business Unit, Confined Space, Boiler Training, LP Gas License, EEW, First Aid and CPR, Lock -Out/ Tag -Out, Crane Safety Management Training, and Backlioe Operator • Number of Years of Experience- 34 years Brett Ballard • Role -Master Plumber; Field Supervisor • Related Training & Current Certifications - Master Plumber M21840, PVT and Lochinvar Boiler Training, Confined Space, EEW, First Aid and CPR, SH101, Lock-Out/Tag-Out, Rinnai Certification and Backhoe Operator • Number of Years of Experience --- 24 years John Gould • Role - Master Plumber • Related Training & Current Certification -Master Plumber M 13098, EEW, First Aid and CPR, Lock-Out/Tag-Out, Rinnai Certification, SH101, and Backhoe Operator • Number of Years of Experience - 34 years Manny Mendoza • Role -- Journeymen • Related Training & Current Certification -- Journeymen Plumber J37779, Backflow License, Fire Hydrant Tester Certified, EEW, First Aid and CPR, Lock -Out/ Tag -Out, Lochinvar Boiler Training, Confined Space, and SH101 • Number of Years of Experience - 18 years Roy Jennings • Role - Master Plumber • Related Training & Current Certification -Master Plumber M10376, Confined Space, Backflow Operator, First Aid and CPR, Fire Hydrant Tester, Medical Gas, EEW • Number of Years of Experience - 33 years Larry Mondik • Role - Master Plumber • Related Training & Current Certification - Master Plumber M39236, SH101, Lock -Out/ Tag -Out, First Aid and CPR, Extensive Boiler Training Including: Lochinvar, Fulton, Rinnai, PVI, Raypak and RBI Boiler training, OSHA 10 Hour, Confines Space, Trenching and Shoring, Crane Safety, and EEW • Number of Years of Experience - 19 years - - Resumes for HVC Personnel Continued Joedaniel Salinas • Role — Apprentice Plumber • Related Training & Current Certification — EEW, Lock -out Tag -out and confided space • Maebine operator Backhoe etc. • Number of Years of Experience — 3 years Louis lbarra • Role- Joumeyman Service Plumber • Confined space trained, EEW, Lock -out Tag -out • Machine operator Backhoe etc. • Number of years of experience -l2 years Keith Pogue • Role- Journeyman Service Plumber • Related training- Confined space, Certified Welder, Lock -out Tag -out • Number of years of experience- 16 years I %§ t 2 -------------- | a § ■ Kj/ y IL \/ j �§ § m �9 \ § � R if k p sp K § 0 Tr §�2k§ a | § $ � ¥ � •__� § &rr i { \ k ® ' EE= «mce �, 99© § 2E \&/ F § 2 ■ � y TDlndustries, Inc. Excellence through Employee Ownetsbip City of Round Rock Invitation for Bid Plumbing Services City, of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664 Return Address: TDIndustries, Inc. 2701 Gattis School Road Building A, Suite 101 Round Rock, TX 78664 P: (512) 445-6060 F: (512) 310-5069 Principal Texas Address: TDIndustries,Inc. 13850 Diplomat Drive Dallas, TX 75234 Vendor ID Number: 26-0464612 TDlndustries, Inc. Representative Melissa Gill Account Manager Melissa.eillAtd industries.co m (512) 203-8409 The response and all attachments are being submitted to the City of Round Rock as a statement of qualifications and request for consideration for the firm as a candidate to provide goods and services - for the City of Round Rock. - Date: 3l 261 I Signature:`Imiu�-'Do (-) Y—) al TDIndustries, Inc. Excellence Through Employes Ownership Table of Contents Attachment A • References Attachment B Y City of Round Rock Solicitation Bid/ Price Sheet e Clarifications to Price Sheet and Contact Information Declaration Page • Proof of Worker's Compensation Insurance TDI Qualifications • Description of Unique Qualifications Technicians Certifications Plumbing Technician Resumes Contractor's License o Copy of Plumbing License 1 ® ACCOR o CERTIFICATE OF LIABILITY INSURANCE DATE (MMDDrym) 0510612013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 dellas.00ds@marsh.com Marsh USA Inc. 4400 Comerica Bank Tower 1717 Main Street Dallas, TX 75201 CONTACT NAME: PHONE FAX Arc No Ext), Alc No): A MAIL pDRE55: INSURER S) AFFORDING COVERAGE NAIC a INSURER A: tIIIIl01S National IfISUfanCe Company 23817 INSURED - TDindustries, Inc. 13850 Diplomat Drive Dallas, TX 75234 INSURER B : National Union Fire Insurance Co. 19445 INSURER c Great Amerloan Insurance Co. 16691 INSURER 0: New Hampshire Insurance Company 23841 INSURER E: INSURER F: C VERAGES CERTIFICATE NUMBER: HOU-002224377-01 REVISION NUMBER: O THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR AWL SUER POLICY NUMBER 6506294 LICY EFF MM DDIYYYY 0310112013 POLICY EXP MMIDDIYYYY 03101/2014 LIMITS EACH OCCURRENCE $ 1'000'000 DAM o RENTED 100,000 PREMISES Me occurrence $ MFD EXP (Any one person) S 25,000 PERSONAL 8 ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2'000,000 X CONTRACTUAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,0DO $ COMBINED SINGLE LIMIT 1 00000 Ea accident $ PRO- X POLICY XJECT LOC AUTOMOBILE LIABILITY BODILY INJURY (Per person) $ B X ANY AUTO 6506153 03/0112013 03/01/2014 BODILY INJURY (Per acddent) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident) $ C X UMBRELLA UABX EXCESS UAB OCCUR CLAIMS -MADE TUU357900812 030112013 0310112014 EACH OCCURRENCE $ 5,000'O00 AGGREGATE $ 5,000,000 DED I X RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS'UABILITY YIN ANY PROPRIETOR(PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below $ X YVCSLIMT- OER D NIA 3566719 03/11/2013 03011120141,000,000 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE 5 1'000'000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 161, Additional Remarks Schedule, if more space is required) Re: TDlndustries: Service - City of Round Rock, 221 East Main Street, Round Rock, Texas City of Round Rock, and its officers, employees and elected officials are Additional Insured for General Liability and Auto Liability, but only to the extent of liabilities specifically assumed under contract terms (excludes Workers Compensation and Employers Liability), and only as required by written contract. Waiver of subrogation is provided in favor of City of Round Rock, and its officers, employees and elected officials for General Liability, Auto Liability, Umbrella Liability and Workers Compensation, but only as required by wrillen contract. See Additional Page City of Round Rock City Manager 221 E. Main St. Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. William Hines ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: S72416 LOC #: Dallas AC" o® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 v AGENCY NAMED INSURED dallas.certs(hlmarsh.crom TDlndustries, Inc. 13850 Diplomat Drive Dales, TX 75234 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: W11U9111aJ0r1111. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: ,Certificate of Liability Insurance Insurance Is Primary and Non -Contributory with respect to General Liability and Auto Lrablity coverage, where required by written contract. The Umbrella policy folm form of the underlying General and Auto Liability policies, with regard to Additional Insured language, as required by wriften Contract. ACORD 101 (2008101) �..u� �.��- •� ��-... �.. .. �. _ .___. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY 6506294 CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations As required by written contract Per written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ® ISO Properties, Inc., 2004 Page 1 of 1 POLICY N UMB ER: COMMERCIAL GENERAL LIABILITY 6506294 CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed O eratlons As required by written contract Per written contract Information required to complete this Schedule if not shown above will be shown in the Declarations. Seclion 11— Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT # This endorsement, effective 12:01 A.M. 3/1/2013, forms a part of Policy No. 6506153 issued to TDIndustries, Inc. by: National Union Fire Ins. Co. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: As required by written contract SECTION 11 - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 87950 (10/05) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT # This endorsement, effective 12:01 A.M. 3/1/2013, forms a part of Policy No. 6506153 issued to TDindustries, Inc. By: National Union Fire Insurance Co. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. AUTHORIZED REPRESENTATIVE 62897 (6195) POLICY NUMBER: COMMERCIAL GENERAL LIABILITY 6506294 CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIA131LITY COVERAGE PART SCHEDULE Name o1 Person or Organization: As required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 © Insurance Services Office, Inc., 1992 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule As required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required onlywhen this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 31112013 Policy No. 3566719 Endorsement No. Insured: TDlndustries, Inc. Prer flurn Insurance Company: New Hampshire Ins. Co. Countersigned by WC000313 (Ed. 4-84) 01983 National Council on Compensation Insurance. WC 00 03 13 (Ed. 4-84) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A. M., 3/1/2013, forms part of Policy No. 6506294 issued to TDlndustries, Inc. by Illinois National Ins. Co. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION [I - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products -completed operations hazard: This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar Insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. Authorized Representative Page 1 of 1 90533 (3/06)