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Contract - T. Morales Company Electric & Controls, LTD. - 3/24/2022 CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF STATEINDUSTRIAL AND NON-INDUSTRIAL ELECTRIC SERVICES WITH T. MORALES COMPANY ELECTRIC & CONTROLS, LTD. THE OF TEXAS §CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS THAT THIS AGREEMENT for the purchase of industrial and non-industrial electric relatedservices, and for and services, referre to herein as a "Agree et," is ma a and e to ed i to on t isa r® �� day of the monthof 2022, y and betweene CITY OF ROUNDROCK, TEXAS, a home-rule municipality whose offices are located at 221 East ai Street, Round Rock, Texas 78664, referred to herein as the "City," and T. MORALES COMPANY CCT IC & CONTROLS, ., referred o herein as "Vendor" whose offices are located at 601 South Patterson Avenue, Florence, Texas 76527. This Agreement supersedes and replaces any previous agreements between the named rties, whether oral or written, and whether or not established by custom and practice. City desires to purchase certain services in the nature of industrial and non- industrial o - in ustrial electric services, and associated goods and services, and City desires to purchase same from Vendor; an City has issued its "Request forProposal" forte provision of said services, and City has determined that Vendor provides the best value fort e City; and WHEREAS, the parties desire to enter into this Agreement o 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: 4857-4527-822orss2 1.0 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 Request for Proposal designated Solicitation Number 21-017 ("RFP-) (b) Vendor's Response to RFP; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Vendor's Response to RFP; and (3) City's RFP, exhibits, and attachments. B. City means the City of our 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 in 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 can the specified services, supplies, materials, commodities, or equipment. F. Vendor means T. Morales Company Electric & Controls, Ltd., or any of its successors or assigns. 2.0 EFFECTIVE DATE, INITIAL TERM AND ALLOWABLE RENEWALS & 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 to stated herein, or until terminated or extended as provided herein. B. The term oft is Agreement shall be for sixty (60) months from the effective date hereof. 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 2 extraneous charges. City may permit "unit price" adjustments upwards only in accordance with Part 111, Its 8 of City's RFP included as a part of Exhibit "A," attached hereto and incorporated herein by reference for all purposes. 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. 3.0 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the services as outlined in RFP Solicitation Number 21- 017; and Response to RFP 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 RFP and as offered by Vendor in its Response to the RFP. "rhe 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 oft is Agreement as if repeated herein in full. 4.0 ITEMS AWARDED Vendor shall satisfactorily provide all goods and services described under the attached Exhibit "A" at the sole request of the City. Vendor provide goods and services in accordance with this Agreement, in accordance with thea pends exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 5.0 COSTS A. Only if, as, and when needed by City, the bid costs listed on Attachment F® Cost Proposal Sheet of Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by Vendor. 13, 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 One Hundred Seventy-Five Thousand and No/100 Dollars ($175,000.00) per year for a total not-to-exceed amount of Eight Hundred Seventy-Five Thousand and No/100 Dollars ($875,000.00) for the term oft is Agreement. ® INVOICES All invoices shall include, ata 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. 7.0 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 271.1 1 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. 8.0 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 affect such termination by giving Vendor a written notice of termination at the end of its then-current fiscal year. 9.0 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 I 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: & There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered arthe 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 4 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. I ® 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 for 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 oft is Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code, 11.0 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.0 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). 13.0 INSURANCE Vendor shall meet all requirements as stated in Part 11, Section 2 of the attached RFP Solicitation Number 21-017. 14.0 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard tothis Agreement: Michael Thane Utilities and Environmental Services Director 3400 Sunrise Road Round Rock, TX 78665 512-21 ®3236 M�Jj,�gq�d,ro iri ro kte:!,(,a:s Dov 5 15.0 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 tote 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. 16.0 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. 17.0 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 haste 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 ten-nination. 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 oft e Agreement except as provided herein. 18.0 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 19.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A, 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. B. Vendor acknowledges and understands that City has adopted a Storm Water Management Program (S P) and an Illicit Discharge Ordinance, Sections 14-139 through 14- 152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the requirements or the Texas Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination Systems (T ES), Vendor agrees to perform all operations on City-owned facilities in compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into the MS4. Vendor agrees to comply with the City's stormwater control measures, good housekeeping practices and any facility specific storrnwater management operating procedures specific to a certain City facility. In addition, Vendor agrees to comply with any applicable TCEQ Total Maximum Daily Load (,rMDI,) Requirements andilor I-Plan requirements. C. In accordance with Chapter 2271, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains written verification from the company that it. (1) does not boycott Israel; and (2) will not boycott Israel during the term ofthis contract. The signatory executing this Agreement on behalf of' Vendor verifies Vendor does not boycott Israel and will not boycott Israel during the term oft is Agreement. D. In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/iOO Dollars ($100,000.00) unless the contract has provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not 7 discriminate during the to aft e contract against a firearm entity or firearm trade association. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the is ofthis Agreement against a firearm entity or firearm trade association. EIn accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (1 0) full-time employees for a value of at least One Hundred Thousand and No/10 Dollars ($100,000.00) unless the contract has provision inthe contract verifying that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not boycott energy companies, and it will not boycott energy companies during the term of this Agreement. 20.0 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, theirs ccessors, assigns and legal representatives to each other with respect tote terms ofthis Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.0 NOTICES All notices and other communications in connection with this Agreement shall be in writing ands all be considered given as follows: A, When delivered personally to recipient's address as stated inthis Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid tothe recipient's address as stated inthis Agreement. Notice to Vendor: T. Morales Company Electric & Controls, Ltd. 601 South Patterson Avenue Florence, Texas 76527 Notice to City: City Manager Stephan 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. 18, 2® 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 to or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas, 23.0 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. 24.0 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 Linder the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 25.0 SEVERABILITY The invalidity, illegality, or unenforceability of any provision ofthis 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 oft is Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance ofthis 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 oft is 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, 26.0 MISCELLANEOUS PROVISIONS Standard of are. 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 iso 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 ofthis Agreement. Where damage is caused to City due to Vendor's failure to perform in these 9 circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not 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 T. Morales Company Electric & Controls, Ltd. Printed Name: Printed N �e: Title: Title. Date Signed:.. Date Signed m. wI ° For City, Attest: By: ,, .m Meagan Spi , City f° erk For City, pproved as to Form: B .mm, ... y' Stephan 1. Sheets, City Attorney G�C� Exhibit "A" f ROUND X10 IIIIIIIIIIIU PURCHMING DIVISION ■ Rock,ty of Round Rock, Texas Purchasing Division 221 East Main Street Round Texas 78664-5299 .www.round irocktexaq Exhibit "A" City of Round Rock Industrial and Non-industrial Electrical Services RFP 21-017 Class/item: 910482 August 2021 INDUSTRIAL AND NON-INDUSTRIAL ELECTRICAL SERVICES TI GENERAL REQUIREMENTS 1. PURPOSE: The City of Round Rock (CORR), herein after"the City"seeks a bid from firms experienced in providing industrial and non-industrial electrical services that include electrical repair, maintenance, and emergency services to building interiorstexteriors, power lines (overhead and in ground), electrical meters, poles, and transformers for the Utilities and Environmental Services Department. The work performed will be predominantly medium and high voltage with occasional low voltage requests, Z BACKGROUND: The City requires an electrical contractor to perform emergency and non-emergency services to over 50 locations including critical sites that require 24-hour on-call services. Sites include but are not limited to the water treatment plant, wastewater treatment plant, Georgetown Lake intakes, and several lift stations. Pedernales Electric has turned over high-voltage power maintenance tasks for the Lake Georgetown Raw Water Pump Station to the City of Round Rock Utilities and Environmental Services Department. The City serves over 125,000 residents and has an obligation to ensure that utility services are uninterrupted. 3. SOLICITATION PACKET: This solicitation packet is comprised of the following: Description Index I......................................_­.......... L............. Part I —General Requirements Page(s)2-5 .........._w_.._._._.—.. - -- .-------- ....... ................................ ....... Part 11 —Definitions, Standard Terms and Conditions and Insurance Requirements Page 6 ........................................................................................................... ............­..........I.,.,.,.,.,.,.,.,.,................ Part III -­ Supplemental Terms and Conditions Page(s) 7-9 ............. Part IV—Scope of Work Page(s) 10-11 ............... ------- Part V-­Proposal Preparation Instructions and Evaluation Factors Page(s) 12,14 ........................................................................................................___ -- ---- Attachment A—Proposal Submittal Form and Execution Page 15 ................................................................. Attachment B—Reference Sheet Page 16 .................................................................................................................................................................................................. ....................................................................................................................................................................................................... ....... Attachment C Subcontractor Information Form Page 17 .................................... ................................. ............................... ................................................................... .............................................................. Attachment D Prevailing Wage Rate Separate Attachment ............. .. ­....................................................................................................................................................................... ....................................................................................................................................................................................................... .... Attachment E—List of Locations Separate Attachment ............................................................................................................................................................................................ ....................................................................................................................................................................................................... ..................................................... Attachment F—Cost Proposal Worksheet Separate Attachment ............... .................I.,.,.,.,................I.,.,.,.,.......................I.I.I.I.I.'.'.'.'.'.'.".. Attachment G Sample Work Order Separate Attachment .11................................................................I.,.,.,., I.,.,.,.,........................I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.11.1................................................. ..............................................I.,.,.,.,.,.......................... ......................... Attachment H Sample Invoice Separate Attachment .............. Page 2 of�7 Exhibit "A" City of Mound Rock Industrial and on-industrial Electrical Services FF 21-017 Class/item: 910-82 August 2021 4. AUTHORIZED PURCHASING COf: For questions or clarification of specifications, you may contact: Allen Reicha f a Purchaser c asi Supervisor Purchasing ivisi Purchasing ivisi City of Round Rocki oc Phone: 512-218-6682 Phone: 512-218-5417 E-mail: areich undrocktexas., ovE-mail: ckaufrmnan r undr ckt s,luny The individual(s) listed above isfare the only authorized City contact(s)for this solicitation.The authorized purchasing contact(s) may be contacted e-mail for clarification for this solicitation including specifications. No ether City employee or representative may be contacted about this solicitation prior to contract approval. No authority is intended ori plied that specifications may be amended, or alterations accepted prior to solicitation opening itho t written approval of the City of Round oc through the Purchasing Department. EVENTS:S. SCHEDULE OF It is the City's intention to follow the solicitation timeline below. EVENT DATE Solicitation released August 26, 2021 Optional Pre-Proposal meeting September 2, 2021 @ 10:OOAM, CS Deadline for submission of questions September 9, 2021 @ 5:OOPMCST City responses to questions or addenda s Approximately Septe er 1 , 2021 5:OOPM CST Deadline for submission of responses September 23, 2021 @ 3:OOPM CST All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date noted above. A copy of all the questions submitted and the City's response tot the questions shall be posted on the City's webpage int the form of an addendum at: I�it#"s:// .irou�radiroc!iatexas. �:rv/Il:;ausiiruesses�r:ma:�liia�;iltatioir°as Questions shall be submitted in writing tot the"Authorized Purchasing Contact". The City reserves the right to modify these dates. Notice of date chane will be pasted to the City's website, luttMlwwm i.raw:urridrocw;(( r;xas.f,°ovtbusif'u(::^i:,ces/solicitatiiaD�u°us SOLICITATION6. : Respondents shall be responsible for monitoring the City's website at htt) for any updates pertaining to the solicitation described erein. Various updates may include adden urns, cancellations, notifications, and any other pertinent information necessary forte submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 7. OPTIONAL PRE-PROPOSAL MEETING 1 SITE VISIT AND INSPECTION: A pre-proposal meetingf site visit, and inspection ill be conducted to fully acquaint Respondents with they facilities, difficulties and/or restrictions inherent in the services specified. The pre-proposal meeting/site visit will be conducted on the date specified in PART I Section - Schedule of Events. A. Attendance at the pre-proposal meeting/site visit is optional but strongly encouraged if respondent is not familiar with the facilities. Following the pre-proposal meeting, a site visit will be conducted to enable Respondents to assess conditions. The optional pre-proposal meeting and site visit tour which shall initially begin at: Round Rock Water Treatment Plant 5200 N IH 3 Round Rock, ex s 78628 B. Respondents will be responsible fortheir own transportation for the site visit tour. Page 3 of 17 Exhibit "A" City of Round Rock Industrial and Non-Industrial Electrical Services FF ®017 Class/Its 910-82 August2021 C. An address and map for the secondary site visit will be provided at the pre-proposal meeting. Respondents are strongly encouraged to bring a copy of the solicitation document with them to the pre-proposal meeting/site visit. It is the responsibility of the Respondent to examine each facility and determine quantity, amounts,, tae precise measurements, determine material requirements, equipment re uire ents, labor requirements and ether solicitation related details during said site visits. 8. RESPONSE DUE DATE: Signed and sealed responses are due at or before 100 PM, on the due date noted in PART 1® Section 5®Schedule of Events. Mail or had deliver sealed responses to: City of Round Rock Allen Reich Purchasing ivisio 221 E. Main Street Round Rock,Texas78664-5299 A. Sealed responses shall be clearly marked on the outside of packaging it the RFP Solicitation title, number, due date and "DO NOT OPEN". B. Facsimile or electronically transmitted responses are not acceptable. C. Responses cannot be altered oramended a er opening. D. No response can be withdrawn after opening without written approval from the City for an acceptable reason, E. The City will not be bound by any oral statement or offer made contrary tote written proposal. F. Samples and/or copies shall be provided at the Respondent's expense ands all become the property oft e City. G. Receipt of all addenda to this RFP must be acknowledged, signed, and included with the proposal response. H. Late Proposal(s)will not be considered under any circumstances and will be returned unopened if a return address is provided. 9. RESPONDENT I : The City of RoundRock 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. A. Respondent shall submit one(1)evident signed"Original"and one(1) identical-to-the-original electronic copy of the RFP response on a flash drive. An electronic signature on the"original" solicitation response is acceptable but any resulting contract shall be signed in ink. The submittal is required to include all addendumsad requested attachments. The RFP response along it samples and/or copies shall be provided at the Respondent's expense and shall become the property of the City. This request for proposal (RFP) does not commit the City to contract foray supply or service, Respondents are advised that the City will not pay for any administrative costs incurred in response of preparationto this : all costs associated with responding tot is RFP will be solely at the interested parties'expense, Not responding to this RFP does not preclude participation in any future RFP/RFQIIFB. C. For voursubmittal e considered re o sive,t e attachmentsidentified elo all e submitted wiy sal, n e sa Addendums may be posted to this solicitation. Respondents are required to submit signed addendums with their sealed response. The Respondent shall be responsible for monitoring the City's website at h'1t"s /�wv.r'rsuir�da°ockts eras.,, :.ov,Vlbr,asilrrie she slsoliiciitsatiions for any updates pertaining to the so......... ...p.... q.............................................................................................................................................................. Goitation. Page 4 of 17 Exhibit "A" City of Round Rock Industrial and Non-Industrial Electrical Services RFP 21-017 ClassiItem: 910-82 August 2021 o Aftachment A: PROPOSAL SUBMITTAL FORM AND EXECUTION: Failure to cc clefs, signs and return the proposal su mittal for and execution it your offer by the deadline will result in the o Affachment B: REFERENCE SHEET., Provide the name, address, telephone number and E- MAIL of at least three (3)valid Municipal, Government agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last two(2)years. City of Round Rock references are not applicable. References may be checked prior to award. If references cannot be confirmed or if any negative responses are received it may result inthe disqualification of submittal. o Attachment C: SUBCONTRACTOR INFORMATION FORM: Provide a signed copy ofthe Subcontractor Information Form. o Aftachment F., COST PROPOSAL WORKSHEET. The cost proposal worksheet should be completed for the City to accurately compare cost proposals. Your method of costing may or may not be used but should be described. A firm fixed price or not-to-exceed Contract is contemplated. ® CONFIDENTIALITY OF CONTENT:As stated in Section 16 of City of Round Rock Purchasing Definitions, Standard Terms and Conditions, all documents submitted in response to a solicitation shall be subject tote Texas Public Information Act. Following an award, responses are subject to release as public information unless the response ors eciic parts ofthe response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances. A. 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. B. 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 by the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination. 11. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal Regulations 2 CFR part 180 suspension and debarment may apply tothis agreement. The City of Round Rock is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from doing business with the Federal Government, State of Texas, or the City of Round Rock. 12. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the successful offeror to complete a Form 1295'Certificate of Interested Parties"that is signed for a contract award requiring council authorization. The"Certificate of Interested Parties"form must be completed on the Texas Ethics Commission website, printed, signed, and submitted to the City by the authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to final contract execution. Link to Texas Ethics Commission spa e: htim 13. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte communication (e.g,, unsolicited) initiated by the Bidder to the City Official, Employee, or Evaluation Team member evaluating or considering the bids prior tothe time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order toobtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration ora and of the bid then in evaluation, or any future bid. Page 5 of 17 Exhibit "A" City of Round Rock Industrial and Non-industrial Electrical Services RFP 21-017 Class/item: 910-82 August2021 PART 11 DEFINITIONS, STANDARD TERMS AND CONDITIONS, AND INSURANCE REQUIREMENTS 1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's Definitions and Standard Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Inaddition, the Supplemental Terms and Conditions listed in Section III, shall also be enforced as part of the contract, and can be obtained from the City's websiteat: htt,.)s-1/wwwrouriiiirock,,t,exas oviV de-artrriientsftjp ...................q ... ........ 2. INSURANCE. The Respondent shall meet or exceed all insurance requirements set forth in Standard Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and downloaded from the City's website at: httrid�rock�texas -avl�de,)art��nr,,,ril�,-/�urchas��r� The below requirements will replace the City's Standard Insurance Requirements. Property Insurance: These items under the Standard Insurance Requirements shall read as follows- 1.3.5.2. Property Damage Insurance with minimum limits of$1,000,000.00 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$1,000,000.00 for each occurrence. IPage 6 of 17 Exhibit "A" City of Round Rock Industrial and Non-industrial Electrical Services RFP 21-017 Class/tem: 910-82 ,august 2021 PART III SUPPLEMENTAL TERMS AND CONDITIONS 1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following: A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60) months. B. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions efthis agreement for such a period as is reasonably necessary to re-solicit and/or complete the project up to 120 days. 2. RESPONDENT QUALI FICATIONS: The City has established the following minimum qualifications. Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent shall: A. Be firms, corporations, individuals, or partnerships normally engaged in providing industrial and non-industrial services as specified herein and have adequate organization, facilities, equipment, financial capability, and personnel to ensure prompt and efficient service to the City. B, To confirm financial stability, the City may choose to review audited financial statements at any time throughout the RFP evaluation process. Upon request, the Respondent shall provide two years audited financial statements, including any notes or supplemental schedules within 2 business days ofthe original request. C. The Respondent shall include in the proposal a list of all litigation the company or its principals have been involved in within the last three(3) years. D. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the United States, or not having a home office inside the United States will not beincluded for consideration in this RFP process. 3. SUBCONTRACTORS: If Subcontractors will be used the Respondent is required to complete and submit with their proposal response Attachment C: Subcontractor Information Form. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractors own acts and omissions.The Contractor shall: A. Perform the majority of the or requested under the Contract resulting from this solicitation. Subcontractors should not be doing the predominate share of the Contract work. B. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications, and terms of the Contract. C. Require that all Subcontractors obtain and maintain, throughout the term oftheir agreement, primary insurance in the type and amounts specified for the Vendor, with the City being named as an additional insured; and D. Require that the Subcontractor indemnify and hold the City harmless tothe same extent as the Contractor is required to indemnify the City. E, Awarded Contractor is required to submit a list of all subcontractors for approval by the City prior to use of any subcontractors throughout the term of the contract, 4. PREVAILING WAGE: Pursuant to Chapter 2258 ofthe Texas Government Code, a worker employed on a public or project by a city must be paid: (1) not less than the general prevailing wage rate of per them wages for work of a similar character in the locality in is the or is performed; and (2) not less than the general prevailing rate of per them wages for legal holiday and overtime or . In accordance with Chapter 2258,022, the City adopted through Resolution No. R-2016-3760 the wage rates set forth by the Texas Workforce Commission fort e Austin-Round Rock Area as the general prevailing wage rate for the City's public works contracts, A contractor or subcontractor who is are a contract by the City shall pay not less than the rates set forth in Attachment D and comply with all applicable sections of Chapter 2258. Page 7 of17 Exhibit "A" City of Round Rock Industrial and Non-industrial Electrical Services RFP 21-017 Classiltem: 910-82 August 2021 Attachment D-Prevailing Rates are posted in Solicitation Documents for RFP 21-017 Industrial and Non-industrial Electrical Services on the City of Round Rock website at: �!„0;,,,,,,,;,,,,,,,,,,,,,,,,,,, ;,,,, r............................................................. ...... .........X..........s //WW'WTQUin1dre !�w r �l uro _.t,i n n s S. SAFETY: The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules, and regulations. The Respondent shall: A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State and City safety and occupational health standards and other applicable federal, state, and local health, safety, and environmental laws ordinances, rules, and regulations in the performance of these services, B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury or damage to any persons or property within and around the or site. In case of conflict, the most stringent safety requirement shall govern, C. Indemnify and of 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 Successful Respondents'obligations under this paragraph. 6. WORKFORCE: Successful Respondent shall: X Ensure Respondent's employees perform the services in a timely, professional, and efficient manner. BEnsure Respondent's employees, while working on City property, wear a company uniform that clearly identifies them as the Respondent's employee, C. Employ all personnel for or 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 inthe United States. 7. PRICING., The Respondent shall determine and submit a fixed cost forte work and shall include all incidental costs, labor, overhead charges, travel, payroll expenses,freight, equipment acquisition and maintenance, demurrage,fuel surcharges, delivery charges, costs associated with obtaining permits, insurance, bonds, and risk management. No separate line-item charges shall be permitted for either response or invoice purposes, Prices for materials will be on a cost-plus basis. The percentage (%), if any, of markup will be designated by the Respondent in the solicitation response document. Invoices for work performed shall require a copy of a supplies receipt to be included. Failure to provide the contracted cost-plus percentage(%)on an invoice may result in payment at cost. Contractor shall not invoice for travel time to and from the job site. Contractors all be permitted to invoice the City for one(1) hour of labor as a minimum charge for each call out.After the first hour labor charge, invoicing shall be in 1/2 hour increments. 8. PRICE INCREASE: Contract prices for industrial and non-industrial electrical services shall remain firm throughout the initial twelve(12) month term of the contract. A price increase to the agreement may be considered on the anniversary date ofthe Contract each year and shall be equal to the consumer price index for that year, but at no time can the increase be greater than 15% for any single line item. A. Consumer is Index(CPI). Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor Consumer Price Index(CPI-U)for all Urban Consumers. The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect forte base year six-month average(January through June OR July through December); and each (January through June OR July through December six month average) thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. The Consumer Price Index(CPI) is found at the Bureau of Labor Statistics, Consumer Price Index website: )I�-rttp 1:. q �pii ...... .....[s ovir Page 8 of'17 Exhibit "A" City of Round Rock Industrial and Non-industrial Electrical Services RFIP 21-017 Class/item: 910-82 August 2021 B. Procedure to Request Increase'. i. Mail the written price increase request with the rate detail comparison and comprehensive calculation and any supporting documentation to the designated City Contract Specialist a minimum of 45 days prior to the annual Contract anniversary date. The detailed written calculation will be verified and confirmed. All written requests for increases must include the City of Round Rock contract number, solicitation reference information and contact information for the authorized representative requesting the increase. Price increase requests shall be sent by mail to: It of Round Rock Purchasing Department Ann: Contract Specialist 221 E Main Street Round Rock,TX 79664-5299 ii. Upon receipt of the request, the City reserves the right to accept the escalation and make changes to the purchase order within 30 days of the request, negotiate with the vendor, or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 9. ACCEPTANCEIINSPECTION: Acceptancelinspection should not take more than five(5) working days. The awarded respondent will be notified within the time frame if the services delivered are not in full compliance with the specifications. In the event the services are not performed to the satisfaction of the City the vendor shall agree to reperform services to specification at no additional cost to the City, If any agreement or purchase order is cancelled for non-acceptance, the needed services may be purchased elsewhere. 10. PERFORMANCE REVIEW: The City reserves the right to review thea are Contractor's performance anytime during the contract term. 11. POINT OF CONTACT/ DESIGNATED REPRESENTATIVE: A. Contractor's point of contact: In order to maintain consistent standards of quality work performed across the City, the City shall be provided with a designated and identified point of contact upon award of the contract to include contact information. The City's designated representative shall be notified by the Respondent immediately should the point of contact change. B. The City's designated representative., The City's designated representative shall be: Brandon Rainer Utilities& Environmental Services Logistics Officer 512-639-3046 E-mail: .b a! e! roundirocktexas.....qgy E...........12 d .................................................................................................... . 12. INTERLOCAL PURCHASING AGREEMENTS: A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor agrees to offer the same price and terms and conditions to other eligible agencies that have an interlocal agreement with the City. B. The City does not accept any responsibility or liability for the purchases by other government agencies through an interlocal cooperative agreement. Page 9 of�7 Exhibit "A" City of Round Rock Industrial and Non-industrial Electrical Services RFP 21-017 Class/item: 910-82 August 2021 PART IV SCOPE OF WORK 1 INTRODUCTION: The City requires an electrical contractor to perform emergency and non-emergency services to over 50 locations including critical sites that require 24-hour on-call services, Sites include but are not limited to the water treatment plant,wastewater treatment plant, Georgetown Lake intakes, and several lift stations. Pedernales Electric has turned over high-voltage power maintenance tasks for the Lake Georgetown Raw Water Pump Station tote City of Round Rock Utilities and Environmental Services Department. The City serves over 125,000 residents and has an obligation to ensure that utility services are uninterrupted. 2. SERVICE REQUIREMENTS: The Contractor shall- A. Be available for all electrical or required by CORR Utilities and Environmental Services Department, excluding electrical services for professional office settings for locations listed in Attachment E -List of Service Locations.The City reserves the right to add or remove locations to the resulting contract. B. Have an organization proficient in carrying out multiple interior and exterior projects for emergency and non-emergency calls. C. Respond to non-emergency or requests within 48 hours. D. Answer emergency calls within the ora be on location within 2.5 hours. E. Maintain an inventory of 85%essential ore er ency replacement parts for this scope of work. This requirement will not include medium/high voltage electrical switchgear and apparatuses as well as variable frequency drives(VFD). F. Contact the City's point of contact when major components need replacement, A major component shall be any single its or part that exceeds$3,000 in cost. GNotify the City's point of contact of any lead times longer than thirty(30)days. H, All parts shall be in new and unused condition unless otherwise agreed on by the City's designated point of contact. 1. Make all arrangements for delivery, unloading, receiving (CORR will not assume any responsibility for receiving these shipments), and storing electrical parts and supplies for each project. The Contractor shall coordinate with the City's designated representative to make necessary arrangements for security and storage space in an appropriate building during the project, if needed. J. Notify the City's designated point of contact and gain approval before proceeding with the work if during or the Contractor experiences a conflict with the plans/scope of or or the NEC (National Electrical Code). K. Not perform services without prior authorization from the City's designated point of contact. 3. ELECTRICIAN /JOURNEYMAN R S, A. Contractor shall employ a licensed Master Electrician and the company shall have experience in providing high-voltage electrical services fora minimum of five(5)years. Contractor shall have all additional local, state, and federal licenses, authorizations, and certifications is would be applicable for all services to be rendered during the life of the contract. B, Journeyman Electrician shall have at least three (3)years of experience with a minimum of two(2) years commercial experience.All or performed by the Journeyman Electrician shall be inspected and approved by the Contractor's Master Electrician. 4. GEORGETOWN INTAKE PUMP STATION: Contractor shall have 24-hour availability to service the Georgetown Intake Pump Station, Items to be serviced will include panels, poles, fuses, and transformers. This will require medium to high voltage capabilities. IPage 10 of 17 Exhibit "A" City of Round Rock Industrial and Non-industrial Electrical Services RFP 21-017 Class/Item: 910-82 August2021 S. WORKMANSHIP: The Contractor shall- A. Demonstrate to the City's designated representative that the or is fully operational and in compliance with contract specifications and codes. B. Keep the areas of the worksite free from waste materials, It is the Contractor's responsibility to properly dispose of all waste materials according to applicable federal, state, and local health, safety, and environmental laws, ordinances, rules, and regulations. 6. SITE INSPECTIONS: It shall be the responsibility of the Contractor to visit and inspect the work location prior to the submittal of an estimate. No variation in price or conditions outside of the signed contract shall be permitted based on claims of not being knowledgeable, aware, or informed of all requirements and specifications for a job assignment. Submittal of the estimate is confirmation that the Contractor has familiarized themselves with the nature and extent of the or and any local conditions that may, in any manner, affect the scope of the work to be done and the equipment, materials, and labor required. Inspection must be scheduled by contacting the City's designated representative. 7. DESIGNATED CONTACT AND EMERGENCY LINE., The Contractor shall- A. Provide the City with a primary contact, secondary contact, and anidentified crew leader with your submission. B. Designate a specific point of contact(POC)who shall remain the same unless the City has been provided an alternate and agreed upon contact. C. Provide the City with a dedicated emergency line or employee after-hours contact number. Answering machines/services will not be an acceptable point of contact. 8. DOCUMENTATION AND REPORTING: AEstimates: Provide the City POC with a repair assessment that details the hourly rate and the replacement equipment cost-plus-percent that conforms to contract pricing prior to commencement of the work unless otherwise indicated by the City. Attachment H®Sample Invoice has been provided for reference. B or Order: Contractor(s) shall complete and furnish a work report for each project. A copy of each—work report shall be presented with time and material used to support the cost assessment on the final invoice.Attachment G—Sample Work Order has been provided for reference. Reports shall include, at a minimum, the following information: 1. Location of the worksite. iL Date and time of arrival at worksite. iii. Time spent for repair. iv. Date and time work at location is completed. v. Part(s) ordered, hourly labor rate with quantities, and equipment rented, if necessary. vi. Freight at Contractor's cost. vii. A detailed description of all the completed work certifying everything is in working order shall be signed by the City's designated representative at the time the work is completed. 9. WARRANTY., Successful Respondent shall provide a one (1)year warranty on all workmanship and parts including but not limited to manufacturer's warranty, workmanship defects, and installation. All warranty or shall be completed within five (5)working days from notice of defect of receipt of replacement parts and/or equipment. 10. CITY RESPONSIBILITIES: The City shall- A, Schedule and confirm work in a timely manner for non-emergency services. B, Provide access to locations where service is required. C. Ensure work area is reasonably free of safety hazards. D. Inspect or performed to ensure compliance with the scope of work. E. When available, provide available drawings or plans if requested by the contractor. Page I I of 17 Exhibit "A" City of Round Rock Industrial and Non-industrial Electrical Services RFP 21-017 Classfltem: 910-82 August 2021 PART V PROPOSAL PREPARATION INSTRUCTIONS AND EVALUATION FACTORS 1. PROPOSAL ACCEPTANCE PERIOD: All proposals are valid for a period of one hundred and twenty (120) calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in the proposal, 2. PROPRIETARY INFORMATION:All material submitted to the City becomes public property and is 'subject to the Texas Open Records Act upon receipt. If a Proposer does not desire proprietary information in the proposal to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will,to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 3. EXCEPTIONS: Be advised that exceptions to any portion of the Solicitation may jeopardize acceptance of the Proposal by the City. Exceptions to this solicitation if any, shall be submitted on a separate sheet labeled"Exceptions"with the Respondent's proposal. 4. PROPOSAL PREPARATION COSTS: All costs directly or indirectly related to preparation of a response to the RFP, or any oral presentation required to supplement and/or clarify a proposal which may be required by the City shall be the sole responsibility of the Proposer. 5. PROPOSAL RESPONSE'. Responses shall be clear and concise and shall include at a minimum: title page, transmittal letter, index or table of contents, dividers for each section and all required attachments. One page shall be interpreted as one side of a double-spaced, printed, 8 1/2" X 11" sheet of paper. Itis recommended that responses be submitted in a professional, bound format that best contains all required documentation for submission. In order to do business with the City of Round Rock you must be registered with the City's Vendor Database.To register, go to:,h 1.11 1?....................................................................................................................................................................................... ........................................................................................................................................................................................ 6. PROPOSAL FORMAT: Prefacing the proposal, the Proposer shall provide an Executive Summary of three (3) pages or less, which gives in brief, concise terms, a summation of the proposal. The proposal itself shall include a title page, index or table of contents, dividers for each section and all required attachments and adden durns to be organized in the following format by Tab and informational sequence:: K Tab 1- Business Or : State full name and address of your organization and identify parent company if you are a subsidiary. Specify the branch office or other subordinate element which will perform, or assist in performing, work herein. Indicate whether you operate as a partnership, corporation, or individual. B. Tab 2-Technical Solution: Define in detail your understanding of the requirement presented in the Scope of or of this request for proposal and your technical solution. Provide all details as required in the Scope of Work and any additional information you deem necessary to evaluate your proposal. C. Tab 3- Program: Describe your technical plan for accomplishing required work. Include such time- related displays, graphs, and charts as necessary to show tasks, sub-tasks® milestones, and decision points related to the Scope of Work and your plan for accomplishment. Specifically- i, Indicate your emergency response plan (i.e., Central Texas snowstorms in 2021). ii. Detail a situation in which you needed to respond to a high voltage repair scenario(i.e. a downed power line near a structure). iii. Provide an example of an interior standard medium voltage project you have been responsible for completing in a warehouse, plant, or similar structure. iv. Identify how stock of essential parts will be evaluated and maintained throughout the life of the contract. D. Tab 4- Proiect Manaaement Structure: Provide a general explanation and chart which specifies project leadership and reporting responsibilities; and interface the team with City project management Page 12 of 17 Exhibit "A" City of Round Rock Industrial and Non-industrial Electrical Services RFP 21-017 Class/item: 910-82 August 2021 and team personnel. If use of subcontractors is proposed, identify their placement inthe primary management structure, and provide internal management description for each subcontractor. E. Tab 5-Prior Experience: Describe only relevant municipal, corporate, and individual experience for personnel who will be actively engaged in the project. Do not include corporate experience unless personnel assigned to this project actively participated. Do not include experience prior to 2014. Supply the project title, year, and reference name, title, present address, and phone number of principal persons for whom prior projects were accomplished. F. Tab 6®Personnel: Include names, qualifications, licenses, and resumes of all personnel who will be assigned tote account. State the primary work assigned to each person and the percentage of time each person will devote tothis work, Identify key persons by name and title. G. Tab 7®Authorized : Include therre , email address, and telephone number of the person(s) in your organization authorized to negotiate Contract terms and render binding decisions on Contract matters. H. Tab 8—Attachments and Addendum: Include Attachment A®Fro osal Submittal For and Execution,Attachment B—Reference Sheet, Attachment C®Subcontractor Information Form, and Attachment F®Cost Proposal Worksheet, and signed addenclums (if applicable), I. Tab 9—Add itio n al Services an Cost ro Deal: Include the completed Cost Proposal Worksheet and include any additional services or personnel that your company would like tooffer the City under this contract and the rates associated. 7® EVALUATION CRITERIA: The intent of the City is to award to one Respondent in accordance with the evaluation criteria below. The purpose of this evaluation criteria is to determine is proposal best meets the recrcarre erste grad r7rovlcfss the best overall value to the A. Evaluation Criteria: Weights: • Respondent's Solution, Approach, &Timeline(Tabs 2& 3) 40 is • Company or Experience and Personnel Qualifications (Tab 5&6) 40 pts • Cost Progosal (Tab 9) 20=_ Maximum Weight: 100 pts B. An evaluation committee will be established to evaluate the proposal. The committee will include employees ofthe City and may include other impartial individuals who are not City employees. The evaluation committee will determine if discussions and/or Best and Final Offers (BAFO) are necessary. and of a contract may be made without discussions or BAFO, if in the best interest of the City, The evaluation committee may determine that discussions are necessary to clarify or verify a written proposal response. The City may, at its discretion, elect to have respondents provide oral presentations of their proposal. The City reserves the right to rescore an offer based on provided demonstrations. A request fora BAFO is at the sole discretion ofthe City and will be requested in writing. The evaluation committee will evaluate the finalists and make a recommendation for award. C. The City reserves the right to reject any or all proposals submitted, or to award to the respondent who in the Cfty's opinion, offers the best value tot e City. The City also reserves the right to cancel the RFP process and pursue alternate methods for providing the requirements. D. The City reserves the right to conduct studies and other investigations as necessary to evaluate any proposal. E, The City reserves the right to waive any minor technicality, irregularities, orinformalities noted in the submission process. Submission of proposal confers no legal rights upon any Respondent, FThe City reserves the right to request further documentation OF information and to discuss proposal response with any Respondent in order to answer questions or to clarify any aspects of the proposal G. The City may develop a"short list"of qualified proposal and may determine that the Respondent(s) should submit a Best and Final Offer(BAFO). Each 'short listed" Respondent will be given a reasonable opportunity for discussion and revision oft eir proposal, Page 13 of 17 Exhibit "A" City of RoundRock Industrial and on-Industrial Electrical Services RFP 21-017 Class/item: 1 - u ust 2021 AGREEMENTB. NEGOTIATIONS proposal presented in response to this RFP is subject to negotiation concerning any issues deemed relevant by the City. The City reserves the right to negotiate any issue with any party.Any unsolicited communication y the Respondent to a City official, unclesignated employee, or an evaluation team member evaluating or considering the offers may be grounds for disqualifying the offending eror from consideration of award. Submission of proposal indicates theRespondent's acceptance of the evaluation process an recognition that the City may make subjective judgments in evaluating the proposal to determine the est value for the City. C. If negotiations are successful, the City and Respondent may enter into an agreement. D. If negotiations are unsuccessful,the City may formally end negotiations with that Respondent, The City may then: L Select the next most highly qualified Respondent and attempt to negotiate an agreement at fair and reasonable terms, conditions, and crest with that es o ent. ii. The City shall continue this process until an agreement is entered into or all negotiations are terminated. The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most advantageous, or to waive any irregularities or informalities int the submittal received.. An independent signed authorized contract will be sent to the successful Respondent. Execution of a City of Round Rockcontract is required prior to starting or and processing any payments tot e awarded es ondent, T AWARD MEETING: The City and the Respondent may schedule a post award meeting to discuss but not be limited tote following: A. Provide City contact(s) information for implementation of the Agreement. B. Identify specific milestones, goals, and strategies to meet objectives, Page 14 of 17 Exhibit "A" City of RoundRock Industrial and Non-industrial Electrical Services RFP 21-017 Class/item: 910- August 2021 SUBMITTALATTACHMENT A PROPOSAL NOTE: RESPONDENTS SHAD. COMPLETE, S16N, AND RETURN THIS ATTACHMENT WITH THEIR PROPOSAL. FAILURE TO DO SO WILL RESULT fN DISQUALIFICATION OF THE PROPOSAL, By signature hereon,the Respondent certifies that: All statements and information prepared and submitted in the response to this RFP ars current®complete and accurate He/she has not gran® offered to give, nor intends to give at any time hereafter,,any economic opportunity future employment, gift, loan gratuity® special discount, trip favor, or service to a City employee,evaluator„ or evaluating entity in connection with the submitted response Failure to sign the Execution of Proposal or signing it with a false statement shall void the submitted offer or any resulting contracts. Respondent represents and warrants that the individual,signing this Execution of Proposal is authorized to sign this document on behalf of the Respondent and to bind the Respondent under any contract resulting from this request for proposals. RESPONDENT(COMPANY). Ta Morales Company Electric& Controls, Ltd. SIGNATURE(IN INK), NAME (TYPEIPRITE ) Tins orales-Eldridge TITLE: President of the GP DATE: 09/23/2021 STREET: 601 S, Patterson Ave. I ITT ZIP: Florence TX 76527 TELEPHONE FACSIMILE .: h: 254-793-4344 Fax: 254-793-3044 E-MAIL ADDRESS.a teldri oraleso pany, o FEDERAL TAX IDENTIFICATION NUMBER(FIN), 75-3000543 By submitting a response to this solicitation, the Respondent agrees that the City's Definitions and Standard Teras 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. In addition,the Supplemental Teras and Conditions listed in Section Ill, shall also be enforced as part of the contract, and can be obtained from the City's website at hgp&/f roundr kt xas.00v/departments/,purchasing II1ae 15 of 17 Exhibit "A" City of Round Rock Industrial and Non-industrial Electrical Services RFP 21-017 Classlite : 910-82 August 2021 ATTACHMENT PLEASEREFERENCE SHEET LETE AND RETURN THIS FORM WITH THE SOLICITATION SOLICITATION : 1®017 NAME:T.Morales onaoan ElectricControls, Ltd. m3/2021 Provide the name, address, telephone number andE-MAIL of at least three( ) valid Municipal, Government agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last two(2) years. City of Round Rock references are notapplicable, eferences may be checked prior to award. If references cannot be confirmed or if any negative responses are received it may result in the disqualification of submittal. 1. Company's Name `y of Harker Heights. ,X Name of Contact ark Hvde Title of Contact Public Works Director E-Mail Address mhyde@harkerheights.gov Present Address 305 Miller's Crossing City, Mate, Zip Code Harker Heights, TX 76548 Telephone Number ( 254 ) 1 FaxNumber: 254 953-5666 2. Company's Name Lit gf erville, TX Name of Contact Brandon Pritchett Title of Contact Public Utility Director E-Mail Address brandonp@pflugervilletx.gov Present Address 15500 Sun Lightear Way City, Mate, Zip Code Pflugerville,TX 78660 Telephone Number ( 512 ) 990-6402 Fax Number: ( ) 3. Company's Name Citv of Temole. T Name of Contact Belinda Mattke Title of Contact Public Works Director E-Mail Address bmattke@templetx.gov Present Address 3210 E. Avenue H, Building City, State, Zip Code Temple,TX 76501 Telephone Number ( 254 )298-5659 FaxNumber: FAILURE TO PROVIDE THE REQUIREDINFORMATION WI H THE SOLICITATION AUTOMATICALLY I I Y"THE RESPONSE FROM I TI FOR AWARD Page 16 of 17 Exhibit " City of Round Industrial and on-Industrial Electrical Services RFP 1-017 Class/item: 910-8 August 2021 ATTACHMENT C SUBCONTRACTOR INFORMATION COMPLETE AND RETURN THIS FORM WITHI I TI SOLICITATION : 1-017 RESPONDENT'ST.Morales Company Electric&Controls. Ltd. : 09/23/2021 CIRCLE , I WILL NOT USE SUBCONTRACTORS ON THIST NO , I INTEND TO USE SUBCONTRACTORS ON THISCONTRACT If yes complete the information below 1. Subcontractor Name Techli e Construction, LLC Name of Contact Don La er E-Mail r sson.a r t c lin nstruction.co Address 9609 Beck Circle City, State, Zip Code Austin, TX 7 751 Telephone r ( 512 ) 63 Fax u r� 903 675-1551 Describe o to be performed Aerialistri ti n Percentage o contract 5 % work to be performed 2. Subcontractor Name Control Panels IDSA, Inc. Name of Contact Brian Wetherholt Title of Contact Manager E-Mail Address bwetherholt@controlpaneisusa.net Address 16310 Bratton Lane, Building 1, Suite 100 City, State, Zip Code Austin, TX 76726 Telephone Number ( 512 ) 663-3224 Fax umber: ( 512 )868-5446 Describe work to be performed Instrumentation and Controls Percentage of contract 2 % work to be performed Arid additional pages as needed Page 17 of 17 Exhibit "'A" ATTACHMENT ID- PREVAILING WAGE 2016 ANNUAL TEXAS WORFORCE COMMISSION RATES ----- -Construction arnd Extraction Occupations Hourly $1232 First-(Line Supervisors of Construction Trades and Extraction y'W rkersH ouurly $1 8.39 Q3rickrunaseurns and Bda�clkrrrnasorns_________________________________________________ _ ourpy $2�b.94 Carpenters FQouuirVy $1 . 28 ------- door payers, Except CaCarpet, Wood, and Hard Tile IHouuriy $12.00 Yids and Marbe Setters Hourly $1210 Cement Masons ns and Concrete Finishers Qp�ouurlly $��. Construction Laborers rs �._____________.________________�..___________________-- Hourly $1�D, :1 ______ Paving,Surfacing, .1Tampuirn Equipment Operators ors Houurlly $12'41 HiQ Zr_i­ve r 0 pe rato rs Houurly $14.65 Operating Engineers and Other Construction Equipment H ouuriy $13. 0 - Vrnsp-rs--- __�..-u______________-__-_w___________________ _ Drywail and iiViiu� TfAHourly _ $1428 Electricians FH uur0y ___ -$15.80_____ Vaziers Hourly $110 insulation"WWorlkers, Floor,Ceiiing, and Wand F ouurlly $13..29 ___ ___.__________________________________ . Insulation Workers, Mechanical FEouurVy $14.52 Painters, Construction and Maintenance Hourly 12.25 pHourly Pieiayrars H ouurly __,_S12.25__ $13.19 -Numbers, Pipefitt rs, and St arnfittersHouurlly $14..46 Reinforcing iron and RebarWorkers ��_�_��_..______________________________ FflaauurQy $13, 7 Roofers Hourly $12.38 Sunset ( pall Workers Houudy ___ $13.25 Structural iron and Steel Workers Fouurdy m_ X14.75 --- FQ Qp ers.-Brickmaso ns, Biockmasrnrns, Stonemasons,and Tiie and Marble Hourly $12.36 Setters Hellpuers-Carpenters Hourly $8.17 Q ell ers --EIlectriiciiarnsIFQouuir y ­$ .7 Hee pers-Pilp0ayers, Plumbers, Pip e itters,and Stearrnpitters _ _ H ouudy $10.04 F6 QIp rs- rn C- strapctio-n Trades, Qi Cather .Fpouudy $10,34 Construction and BuuiVding Inspectors ectors F6ruuurVy $19.15__ ______ -Fence Erectors HoHourly ii $1.2„17 Hazardous Materials Removal Workers rs -Hourly $12..98 Maintenance airnte naince Workers _____ IHouudy______ .$1.3,4.4 p Setic"Faruk Servicers and Sewer Pipe CVeaners Hourly 12v 5______ Construction and Related Works, AHOthers Q ouudy $13.34 Derrick Operators, OH and Gas �. ._________ .__ �___._____ ------------------------Q�ouurQ�__ 10.3 Service Unit Operators, Oil,Gas and Mim,n Houurlly______ _$13'22 Earth Drillers, Except Oil and Gas ------- Hourly $16.45 �RockSphtters, Quuarry � � IHouurly______ $10D Rouustalkuouuts,Oil and Gas IHo udy______ 11.69 Installation, Maintenance, and Repair Occupations _ Flouudy $: 2,.59 First-(dime Supervisors of Mechanics, installers, and Repairers Houurlly______ $19.61______ 1 Exhibit " " ATrACHMENT - PREVAILING 2016 ANNUALTEXAS WORFORCE COMMISSIONTES Computer, Automated'Teller&Office Machinery Repairers Hourly $10.93 Radio Mechanics m�. Hourly $11.4.11 Telecommunications Equipment V nstallers and Repair Hourly � $15� 7 (Electric Motor, Power 1'ool,and Related lRepaurs 4Tcouurly $13.76 (Electrical and IEiactrcurnics Repairers,Commercial and Residential Hourly $16.,12 Electrical and Electronic Repairers, Powerhouse Substation, and Relay Hourly _ ..� ._._._._._._. Electronic Eaquuuprnent Installers and Repairers, Motor Vehicles --Hourly $13.30 Security and Fire Alarm Systems installers Hourly $17.79 Aircraft Mechanic and Service TechniciansHourly $21.97 Auutorttnuative Body and (Related Repairs �._._._._._._._._._._._._._._._._._._._._._ Hourly $15.89 Aut rn otive Glass installers and Repairers Hou.urly $14.29 Automotive Service Technicians and Mechanics I ouuirlly ._ ________ 1";x..$ 38 Bus&Truuckechanic:s Diesel Engine Specialists Hourly $15.61 Farm Equipment Mechanics ___________________________________. _._._._._._._._._._._._._._._._._._._._._._._. H� u r lyUS r b le Heavy Equ ipnvaernt, Except Engines mHouurly_______w $14.84 Motorboatu�chalrulcs Fluuuurly Motorcycle Mechanics Flouurly $10.79 Outdoor Power Equipment&Other Small E n i neI clanks Hou1031 Recreational Vehicle Service Technicians _ Ho rly $12.7! 1fir (Repairers anc1 Changers Hourly $10 45 Control and Valve lrostallers and (Repairers, Except Mechanical Door Hourly $14.82 Heating, Aair Conditioning and Refrigeration Mechanics and Installers Hourly $1.6..1 --- � ____________w._____w_.___.w._.__._._._._._._._._._._._._._._._._._._._._._._.__.-________________________________ --Horne-AppliiamHourly— $13 I14 industrial Machinery I�l�clhalrnuc�_____________________________________________________________ Hourly $15.74 $1S 7 _______ _._li Maintenance Workrsp h� cinoru _r _._._._._._._._._._._._._._._._._._._._._._._._._._._._._..._._ Hourly $1531 _._Ih�oOWVeuU-___________________w._____w._._._.w._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.�.w._�.__w______________________ ��n�y _ _-- ________ Ellectriical (Power-Line Ilrostallers and Repairu�rs________________ Houurly $15 94 ._._._._._._._._. TelecommunicationsTelecommunications(Lime lrnstailers and Repairers Hourly $13,68 Medical Equipment Repairers � µ Hourly $19.05 Prec Mon Instrument Repairers,Other Hourly $14.4 Maintenance and Repair Workers,General _ Hourly $1142 Coin,Vending, and Amuus m e ntachirne Servicers and Repairers Hourly $10.00 Locksmiths and SafeRepairers _.�� .�.�. —_._._._._._._._._._._._._.__. Hourly $12.93 Helpers--installation,Maintenance, and Repair Workers Hourly $8.30 Installation, Maintenance& R pairJ Workers,Other Hourly Ti. .. o-1. ________ IProduucti n Occupations Hourly $10.43 IFirst blues Supervisors of Production and Operating'Workers Hourly $19.08 Electrical and Electronic Equipment Assemblers rs unrly $11.81 IEllectromecharnical E quuipm ent Asseu biers Hourly _15.04_______ Struuctuurall Metal Fabricators and Fitters Hourly $:1.4.98 learn Assemblers H� i rly 1 $9,19 Timing Device Assemblers,Adjusters&Calibrators 0.lrtauurly $16.33 2 Exhibit " COMMISSIONATTACHMENT D- PREVAILING WAGE 2016 ANNUAL TEXAS WORFORCE Assn blies and Fa rlc� .,.,.�.� . .. .�.Ir ... ....... �'i .. at�rs,AVV C3ther Dourly $10..1 Computer Controlled ,,,Machine Tool operators, Metal and Plastic Hourly .'70 _...._. ........ ......... ........ ............ Numerical Tool and Process ControlProgrammers Hourly $20.26 Extruding and Drawing Machine Settersy_ Hourly 12.^.. 1 4 Cutting, Punching,and Press achene Setters,Operators Hourly $10,31 ...�.._..__..... ............... ..... ......... ............. Grinding, Lapping, Polishing and Buffing Machine Hourly 10-58 __ ......... .... ............ ......... —...______........................................................................................ Lathe and Turning Machine Tool Setters,Operators Hourly $1:3.42 .... .... achlnists Hourly $14 96 3 Exhibit " ATTACHMENT LIST OF LOCATIONS site alo4 Address eter in Front of the Lab 5200 N IH 35 65494 N.IH 35 Hi h Service Buildin - urn s 1 -6 5200 N IH 3 i Se ` four s 7, , . 5200 N IH 3 High SeMce Pump#10&X11 5200 N 11-1135 Utility Support S o E200 N IFI 35 Water Treatment Plant Phase III 5200 N 11-1135 Water Treatment Plant Phase IV 5200 N lH 35 Lake Goo oto n 2050 ar Breaks Lake Creek roosters 1,2® ,4 Wall 3,4 300 Sumet South 81 2323 S.Mays McNeil 12211ML2L- Chisholm Valley 2410 Frontier Trail 650 Heatersrr�ssir� r unt lev,Tank 2601 High Count BIv . satin Neuse 251 satin house R Bowman 505 Bowman Rd. Meadows 21 G4uc e e n® IV 4 3475 Sunrise Vista Heig is 4000 Orion IV 3 150 Chandler R . IV 2&5 3151 N Ili 35 1431 Elevated 3311 FM 1431 Southeast urn 2399 S oa ere Tr. Southeast Elevated 2511 Double Creek Rd. Stone 4300 Stone Oak North 61 2417 N IH 3 Oak Bluff Lift Station #2 enderin a Forest Creek Lift Station 3639 Forest Creek Blvd. Trevino Court Lift Station 3620 Trevino Ct. Brushy Creek Luft,Stadion 7114 Pecan St. Bluff Lift station 60D Lee St. Ilton Head Lift Station 2119 Hilton Head Dr a ill Lift Station 3222 a 11 Lane Camousty Lift Station 3621 Camousty Cove i fount RV 2501 Fii fount Ia , IV 6&9 1590 Hester's CMEng- Teravista PRV 603 Chandler Rd. Now arton Full Tank 1010 Rabbit Hill Rd Well#7 501 Spring St. Well#9 2999 ChisholmTrail Rd. Stone Oak 1 999 Wyomings rin s Se ens C CR 122&CR 117 McNutt LS 3939 HVTY 7 1460 P V 3113 N AW Grimes Wastewater Plant 3939 East Palm Valley Blvd, TAMU 1790 Avery-Nelson Satellite PRV 11054 satellite View Exhibit "A" Attachment F-Cost Proposal Worksheet Industrial and Non-industrial Electrical Services RFP #21-017 Labor quoted shall include all labor cost,in sura rice,overhead profit,travel time,mileage and be exclusive of taxes Contractor shall not invoice for travel time to and from the job site.The cost proposal sheet will be used for cost evaluation purposes only.All quantities 1sted are estimates The City reserves the right to purchase more or less than the quantities indicated below." Cost-20 Points Part I-Electrician Hou; Rates Estimated, escr ption, Hours" Unit,, UnItCo'( Anrt �llExtended cost I Master Electrician Standard Labor Rate 100 Hourly $10500 $110,50000 2 Master Electrician Overtime Labor Rate.The overtime rate shall not exceed 25 Hourly $15750 $3,93750 one and one half times the regular hourly rate 3 Master Electrician Holiday Labor Rate 25 Hourly $210 GO $5,25000 4 Journeyman Electrician Standard Labor Rate 150 Hourly $9500 $14,250.00 5 Journeyman Electrician Overtime Hourly Rate The overtime rate shall not 25 Hourly $14250 $3,56250 exceed one and one half times the regular hourly rate 6 Journeyman Electrician Holiday Labor Rate 25 Hourly $190.00 $4,75000 7 Apprentice Electrician Standard Labor Rate 150 Hourly $6500 $9750,00 S Apprentice Electrician Overtime Labor Rate The overtime rate shall not 25 Hourly $97.50 $2,.437.50 exceed one and one half times the regular hourly rate 9 Apprentice Electrician Holiday Labor Rate 25 Fipurly $130.00 $3,26000 Total: $6707.50 Part 11®Lineman HourlRates I Lineman Hourly Overtime Labor Rate 100 Hourly $160.00 $16,00000 2 and one half times the rtj ur IYL Labor Rate.The overtime rate shall not exceed one 25 Hourly $240.00 $6,00000 regular hourl rate_ 25 2 Lineman HOLIDAY Hourly Labor Rate. 25 Hourly $320.00 $8,000,00 Toted $30,000.00 Part III-Percent Marilk H this section will not be evaluated for cost but will become art of the resultin contract. No. Description, Percentage, I Estimated,goods value Estimated, Annual Total 1 Percentage markup over cost for materials 15% $50,000 $57,500 3t2 Percentage(11,%)markup over cost for equipment rentals 15% $15,000 $17,250 LPercentage markup over cost for third party testing 15% $10,000 $11,500 To-ZF---T8-6,250 ESTIMATED ANNUAL TOTAL. $173,938 f of t Exhibit "A" m)(A a ADDENDUM CITY OF ROUND ROCK,TEXAS Solicitation: RFP 21-017Addendum o® ate of e 9/13121 This addendum is to incorporate the following charges to the above referenced solicitation: le Additional Inf a i r® Estimated quantities or Attachment F-Cost Proposal Worksheet have been updated. IIa ALL OTHER TERMS AND CONDITIONS E I THE SAME APPROVED BY. 9113121 Allen Reich, Purchaser Purchasing Office, 512-218-6682 By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation ACKNOWLEDGED BY u- Tina orales-Eldrid aI 09/23/2021 Mame 46thorb'�:�' Signature date RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH PROPOSAL. LDISQUALIFY YOUR RESPONSE FROM CONSIDERATION . Exhibit "A" ADDENDUM CITY OF ROUND ROCK,TEXAS Solicitation: RFP 21-017a 9123121 This addendum is to incorporate the following an s to the abovereferenced solicitation° 1. ffxL qMqIon.T r sal due date is hereby extended until Thursday, 9130121 at 3 DOPM CST. It. ALL OTHER TERMS AND CONDITIONSTHE SAME. APPROVED Y; 9/23121 Allen Reich, Purchaser Purchasing , 512-218-6682 By the signature affixed alp this addendum is hereby incorporated into and madea part of the above reference solicitation. ACKNOWLEDGED Y Name Ath o �� Signa a Pt �""�,w .. .. SIGNEDRETURN ONE THE PURCHASING OFFICE WITH YOUR SEALED AUTOMATICALLYPROPOSAL FAILURE TO DO SO MAY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION