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Contract - Mechanical & Process Systems, LLC - 10/26/2023 CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF PLUMBING SERVICES WITH MTyl.f A A NT!`A T w PD"d"L00 VYST� LLC-tO THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLI AMSON § COUNTY OF TRAVIS § THAT THIS Agreement for the purchase of plumbing servicgs (referred to herein as the " gre m nt"), is made and entered into on this the ��`�-day of the month of 1` , 2023, by and between the CITY OF ROUND ROCK, TEXAS, a home- rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City") and MECHANICAL & PROCESS SYSTEMS, LLC, whose offices are located at 1804 Central Commerce Court, Round Rock, Texas 78664 (referred to herein as the "Services Provider'). RECITALS: WHEREAS, City desires to purchase plumbing services; and WHEREAS, City has issued its "Request for Proposal" (RFP) for the provision of said services; and WHEREAS, City has determined that Services Provider provides the best value to City; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Services Provider whereby City is obligated to buy specified services and Services Provider is obligated to sell same. The Agreement includes the following: (a) City's RFP designated Solicitation No. 23-017 4880-4254-4245/ss2 dated March 2023; (b) Service Provider's Response to the 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) Services Provider's Proposal; and (3) City's RFP, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. F. Service Provider means Mechanical & Process Systems, LLC, or any of its corporate structures, successors or assigns. 2.01 EFFECTIVE DATE AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement is for sixty (60) months from the effective date hereof. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Services Provider to supply the services as outlined in the RFP and as set forth in the Proposal submitted by Services Provider, all as specified in Exhibit "A." The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the RFP and as offered by Services Provider in its Proposal. 2 The services which are the subject of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 SCOPE OF WORK All items in Exhibit "A" are awarded to Services Provider. For purposes of this Agreement, City has issued documents delineating the required services (specifically RFP Solicitation Number 23-017 dated March 2023). Services Provider has issued its response agreeing to provide all such required services in all specified particulars. All such referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Services Provider shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 2.01. Services Provider's undertakings shall be limited to performing services for the City and/or advising City concerning those matters on which Services Provider has been specifically engaged. Services Provider shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 5.01 DUAL PROVIDERS OF SERVICES The parties specifically acknowledge and agree that Services Provider shall be considered as one of two (2) providers ("dual providers") of the specified goods and services (plumbing services). Services Provider specifically further acknowledges and agrees that this Agreement is not an exclusive agreement. City may, in its sole and unfettered discretion, elect to use either of the two providers in whatever order it deems most advantageous to City's purposes. City may, in its sole and unfettered discretion, elect to use any other providers. City is not obligated to use or purchase any estimated annual quantity of goods, and no guarantee is made of any minimum or maximum purchase. 6.01 COSTS A. Only if, as, and when needed by City, the bid costs listed on Attachment A—Bid Sheet of Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by Services Provider. B. Services Provider specifically acknowledges and agrees that City is not obligated to use any estimated annual quantity of services, and City may not expend in excess of One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00) for Service Provider's services combined with the dual provider's services for the term of this Agreement. 3 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Services Provider; B. Purchase Order Number; C. Description and quantity of items received or services provided; and D. Delivery or performance dates. 8.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City's bid, with the consent and agreement of the successful service provider(s) and the City. Such agreement shall be conclusively inferred for the service provider from lack of exception to this clause in the service provider's response. However, all parties hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback"procurements. 9.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Services Provider a written notice of termination at the end of its then current fiscal year. 10.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Services Provider will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty(30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Services Provider may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance 4 with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not apply to payments made by City in the event: A. There is a bona fide rfis.- to between City and Sendices Pro-,rider, ^va .,, +rM +.v 0 Y vuuuv ova, u subcontractor or supplier about the goods delivered or the service performed that cause the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Services Provider and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 11.01 GRATUITIES AND BRIBES City may, by written notice to Services Provider, cancel this Agreement without liability to Services Provider if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Services Provider may be subject to penalties stated in Title 8 of the Texas Penal Code. 12.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Services Provider's charges. 13.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS If Services Provider cannot provide the goods as specified, City reserves the right and option to obtain the products or services from another supplier or suppliers. 14.01 INSURANCE Services Provider shall meet all requirements as stated in the attached RFP and as set forth at: http://www.roundrocktexas.jzov/n-content/uploads/2014/12/corr insurance 07.20112.pdf. 5 15.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with rPvard to this AorPPmant• Eric Dady, Facilities Manager General Services Department 212 Commerce Boulevard Round Rock,Texas 78664 (512)218-5472 edady(a 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 parry 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 parry may treat such failure as an anticipatory repudiation of this Agreement. 17.01 DEFAULT If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Services Provider agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Services Provider shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 6 18.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause. at anv time unon thirty ('30) iiavc' written nntir.P to Rercnr.ac Provider. B. In the event of any default by Services Provider, City has the right to terminate this Agreement for cause,upon ten (10) days' written notice to Services Provider. C. Services Provider has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Services Provider, Services Provider shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Services Provider shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Services Provider that portion of the charges, if undisputed. The parties agree that Services Provider is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 19.01 INDEMNIFICATION Services Provider shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Services Provider, or Services Provider's agents, employees or subcontractors, in the performance of Services Provider's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Services Provider (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 20.01 COMPLIANCE WITH LAWS, CHARTER,AND ORDINANCES A. Services Provider, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards,bureaus and agencies. B. In accordance with Chapter 2271, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains 7 a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of Services Provider verifies Services Provider does not boycott Israel and will not boycott Israel durinu the term of this A oreement C. In accordance with Chapter 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The signatory executing this Agreement on behalf of Services Provider verifies Services Provider does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. D. In accordance with Chapter 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. The signatory executing this Agreement on behalf of Services Provider verifies Services Provider does not boycott energy companies, and it will not boycott energy companies during the term of this Agreement. 21.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 22.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. 8 Notice to Services Provider: Mechanical&Process Systems,LLC 1 RQ4 Contmi CnmmPrrP Cmirf Round Rock, TX 78664 Notice to City: City Manager Stephanie L. Sandre, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Services Provider. 23.01 APPLICABLE LAW,ENFORCEMENT,AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be 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 Services Provider and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 25.01 DISPUTE RESOLUTION City and Services Provider hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act(9 USC Section 1-14) or any applicable state arbitration statute. 26.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the 9 stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. ' 'f/11 MT4ZPVT T ANNnYTQ DIDnViCT(1NC Standard of Care. Services Provider represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Services Provider understands and agrees that time is of the essence and that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Services Provider shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Services Provider's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Services Provider shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. [Signatures on the following page.] 10 IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the dates indicated. rife of Round DnnL- Tnvne Mnnl,.�„innl Q. D.----.. Q.�.*.+..+�. 7 T d"� vat, VulaY 1�V vii, 1♦.sRV l�1GGliRL1GRl W; 1 1 VGGOD ".7 A6GlilA,lJ1Jt. (1 By. By. PrintedNa e: r es./� Printed Nam : Title: %ovum& Title: vice P aEs b E N Date Signed: Date Signed: Attest: By: Meagan Spink c For City,Approved as to Form: By: tephanie L. Sandie, City Attorney 11 txnlDli ..H.. A06mfk�� k UND ROCKCHASING DIVISION City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.rou nd rocktexas.c�ov REQUEST FOR PROPOSAL (RFP) PLUMBING SERVICES-JPDATED SOLICITATION NUMBER 23-017 MARCH 2023 �xniur� r� City of Round Rock Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 PLUMBING SERVICES PART GENERAL REQUIREMENTS �RM0 i-I D. Th_ cs.. t URNou nd 1111 oc. L.a.ai # "+k- f ;4-" o Lo nrnnnowlc from 7. YUKI VjC HIVU GAI.AV RVVI\LJ. I IIC filly vl rwullV Iwi n, Ilcicui oicr L i vny w V 1 firms experienced in plumbing services for various City owned or occupied buildings on an as-needed basis. The City has approximately 800,000 square feet of maintained property and occupies approximately 46 facilities. The buildings consist of both commercial and residential type structures. Facilities maintained vary and can include but are not limited to office buildings, police department, fire stations, parks facilities, and parking garages. The City intends to dual award this contract.An anticipated total contract award will be made by the City in an amount not to exceed $300,000 per year. In addition,the City intends to add an annual contingency fee of$50,000 per year for emergency repairs. 2. SOLICITATION PACKET: This solicitation packet is comprised of the following: Description Index Part I —General Requirements Page(s) 2-4 Part II — Definitions, Standard Terms and Conditions, Page 5 and Insurance Requirements Part III —Supplemental Terms and Conditions Page(s)6-8 Part IV—Scope of Work Page(s) 9-12 Part V—Proposal Preparation Instructions and Evaluation Factors Page(s) 12-15 Attachment A—Reference Sheet Separate Attachment Attachment B— Prevailing Wage Rates Separate Attachment Attachment C— Sample Work Order Separate Attachment Attachment D—Sample Invoice Separate Attachment attachment E-Subcontracting Information Form Separate Attachment Cost Proposal In Bonfire 3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below. EVENT DATE Solicitation released March 15, 2023 Optional Pre-Proposal meeting March 29, 2023 @ 9:OOAM, CST Deadline for submission of questions April 3, 2023 @ 5:00 PM, CST City responses to questions or addendums Approximately April 6, 2023 @ 5:00 PM, CST Deadline for submission of responses April 14, 2023 @ 3:00 PM, CST All questions regarding the solicitation shall be submitted through Bonfire in writing by 5:00 PM, CST on the due date noted above. A copy of all questions submitted and the City's response to the questions shall be posted on the City's webpage in the form of an addendum at: https://roundrocktexas.bonfirehub.com Page 2 of 15 r—xnlDll --A'" City of Round Rock Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 The City reserves the right to modify these dates. 141otice of date change Ydiii b2 posted to ti ie vILy's vvebsite: https_//roundrocktexas._bonfirehub.com 4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at https://roufidrocklexas t)onfireh for any updates pertaining to the solir_.itation desr_,rihPd hPrPin_ Variolic updates may include addendums, cancellations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 5. OPTIONAL PRE-PROPOSAL MEETING:A pre-proposal meeting will be conducted to fully acquaint Respondents with the facilities, difficulties, and/or restrictions inherent in the services specified. The pre- proposal meeting will be conducted on the date specified in PART I, Section 3- Schedule of Events. A. Attendance at the pre-proposal meeting is optional. Respondents shall sign-in at the pre-proposal meeting to document their attendance. pre-proposal meeting shall initially begin at: City Council Chambers 221 East Main St. Round Rock, Texas 78664 B. Respondents are strongly encouraged to bring a copy of the solicitation document with them to the pre- proposal meeting. C. It is the responsibility of the Respondent to examine each facility and determine quantity, amounts, take precise measurements, determine material requirements, equipment requirements, labor requirements and other solicitation related details during said site visits. 6. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, on the due date noted in PART I, Section 3—Schedule of Events. The Offeror shall respond via the City's electronic bidding platform, Bonfire: https://roundrocktexas.bonfirehubcom A. This request for proposal (RFP) does not commit the City to contract for any supply or service. B. No paper or submittals outside of Bonfire will be accepted by the City. C. Responses cannot be altered or amended after digital opening. D. No response can be withdrawn after opening without written approval from the City for an acceptable reason. E. The City will not be bound by any oral statement or offer made contrary to the written specifications. F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property of the City. G. Late responses will not be considered. 7. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the successful offeror to complete a Form 1295"Certificate of Interested Parties"that is signed for a contract award requiring council authorization. The"Certificate of Interested Parties"form must be completed on the Texas Ethics Commission website, printed, signed, and submitted to the City by the authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to final contract execution. Link to Texas Ethics Commission Webpage: https://www.ethics.state.tx.us/whatsnew/elf into form1295.htm 8. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of an offer, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Offeror to the City Official, Employee, City Consultant, or Evaluation Team member evaluating or considering the offers prior to the time an award decision has been confirmed. Communication between an Offeror and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the offer. Ex parte communication may be grounds for disqualifying the offending Offeror from consideration of award in evaluation or any future bid. Page 3 of 15 CxnluIL H City of Round Rock Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 9. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Pound Rork ("r'ihi"\ in rnngiiiltntipn i with the City Attorney, shall have the authority to settle or resolve any dispute concerning the solicitation or award of a contract. The Purchasing Manager may solicit written responses to the protest from other interested parties. The aggrieved person must prepare his or her complaint in writing and send it by electronic mail to the Citv's Purchasinq Department at Protest(cDroundrocktexas.gov. In the event of a timely protest, the City shall not proceed further with the solicitation or award of a contract unless it is determined that the award must take place without delay, to protect the best interests of the City. The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to comply with any of these requirements; the Purchasing Office may dismiss your complaint or protest. A. Prior to Offer Due Date: If you are a prospective offeror for the award of a contract("Offeror")and you become aware of the facts regarding what you believe is a deficiency in the solicitation process before the due date for receipt of offers in response to a solicitation ("Offers"), you must notify the City in writing of the alleged deficiency before that date, giving the City an opportunity to resolve the situation prior to the Offer due date. B. After Offer Due Date: If you submit an Offer to the City and you believe that there has been a deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation process, or the recommended award as follows: i. You must file a written notice of your intent to protest within four(4)working days of the date that you know or should have known of the facts relating to the protest. If you do not file a written notice of intent within this time, you have waived all rights to protest the solicitation process or the award. ii. You must file your formal written protest within ten (10)working days of the date that you know or should have known of the facts relating to the protest unless you know of the facts before the Offer has been closed. If you know of the facts before those dates, you must notify the City as stated in section (A)above. iii. You must submit your protest in writing and must include the following information: a. your name, address, telephone number, and email address. b. the solicitation number. c. a specific identification of the statutory or regulatory provision that you are alleging has been violated. d. a detailed statement of the factual grounds for your protest, including copies of any relevant documents. e. a statement of any issues of law or fact that you contend must be resolved; and f. a statement of the argument and authority that you offer in support of your protest. iv. Your protest must be concise and presented logically and factually to help with the City's review. C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the Purchasing Manager, with assistance from the City Attorney, shall make one of the following determinations: i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and inform you and other interested parties of the determination. The City will prepare updated solicitation documents and will re-solicit. ii. Determine that no violation of rules or statutes has occurred and inform you and other interested parties of the decision by letter. The reasons for the determination will be presented in the letter. iii. Determine that a violation of rules and statutes has occurred after the award of the contract and inform you and other interested parties of the determination. However, the awarded contract will not be canceled. As needed, corrective actions may be taken with purchasing or any other pertinent City staff. iv. A determination will usually be made within fifteen (15) business days after receipt of the formal protest. v. Any written decisions by the Purchasing Manager shall be the final administrative action for the City. All documentation pertaining to a protest will be kept on file at the City and are subject to open records requests. Page 4 of 15 cxnlolt ._H._ City of Round Rock Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 DA DT 11 I AIZT u DEFINITIONS, STANDARD TERMS AND CONDITIONS, AND INSURANCE REQUIREMENTS 1. DEHNi T IONS, STANDARD TERMS AND CONDI T iONS: By submitting a response to this solicitation, the Respondent agrees that the City's Definitions and Standard Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. These can be obtained from the City's website at: https://www.roundrocktexas.gov/City-departments/purchasing/. In addition, the Supplemental Terms and Conditions listed in Section III, shall also be enforced as part of the contract. 2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and downloaded from the City's website at: https://www.roundrocktexas.gov/City-departments/purchasing Paae 5 of 15 txnni ..H.. City of Round Rock Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 A OT 1 f11�1 1111 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 tull torce for sixty (60) months. B. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions of this agreement for such a period as is reasonably necessary to re-solicit and/or complete the project up to 120 days. 2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications. Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent shall: A. Be firms, corporations, individuals, or partnerships normally engaged in providing plumbing services as specified herein and have adequate organization, facilities, equipment, financial capability, and personnel to ensure prompt and efficient service to the City. B. In order to confirm financial stability, the City may choose to review audited financial statements at any time throughout the RFP evaluation process. Upon request, the Respondent shall provide two years audited financial statements, including any notes or supplemental schedules within 2 business days of the original request. C. The Respondent shall include in the proposal a list of all litigation the company or its principals have been involved in within the last three (3)years. D. 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 be included for consideration in this RFP process. 3. SUBCONTRACTORS: Subcontracting may only be used for noii-plumbing services such as concrete carpentry, drywall, etc. Subcontracting shall not be used for fundamental plumbing services..If Subcontractors will be used, the Respondent must complete and submit with their proposal response Attachment E: 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. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications, and terms of the Contract. B. Require that all Subcontractors obtain and maintain, throughout the term of their agreement, primary insurance in the type and amounts specified for the Contractor, with the City being named as an additional insured; and C. Require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. D. Awarded Contractor is required to submit a list of all subcontractors for approval by the City prior to use of any subcontractors throughout the term of the contract. 4. PREVAILING WAGE: Pursuant to Chapter 2258 of the Texas Government Code, a worker employed on a public work project by a City must be paid: (1) not less than the general prevailing wage rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. In accordance with Chapter 2258.022, the City adopted through Resolution No. R-2016-3760 the wage rates set forth by the Texas Workforce Commission for the Austin-Round Rock Area as the general prevailing wage rate for the City's public works contracts. A contractor or subcontractor who is awarded a contract by the City shall pay not less than the rates set forth in Attachment B and comply with all applicable sections of Chapter 2258. Paee 6 of 15 r-xHiun H City of Round Rock Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 Attachment R-Prevailin- Rates aro posted in Cnilnitat;nn nnCi,ments for RFP 23-017 Plumhinn garvlrog nn the City of Round Rock Bonfire website at: https://roundrocktexas.bonfirehub.com 5. SAFETY: The Citv reserves the right to remove anv emolovee from Citv propertv 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 work site. In case of conflict, the most stringent safety requirement shall govern. C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions,judgments, fines penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. 6. WORKFORCE: The Contractor shall- A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner. B. Ensure Respondent's employees, while working on City property, wear a company uniform that clearly identifies them as the Respondent's employee. C. Employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States. 7. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all incidental costs, labor, overhead charges, travel, payroll expenses,freight, equipment acquisition and maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits, insurance, bonds, and risk management. No separate line-item charges shall be permitted for either response or invoice purposes. Prices for parts and materials may be on a cost-plus basis. The percentage (%), if any, of markup will be designated in Bonfire requested information. Invoices for work performed shall require a copy of supplies receipt to be included. Failure to provide the cost-plus percentage (%)on an invoice may result in payment at cost. 8. PRICE INCREASE: Contract prices for plumbing services shall remain firm throughout the initial twelve (12) month term of the contract. A price increase to the agreement may be considered on the anniversary date of the Contract each year and shall be equal to the consumer price index for that year, but at no time can the increase be greater than 10%for any single line item unless otherwise approved by the City. A. Consumer Price Index(CPI): Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor Consumer Price Index(CPI-U)for all Urban Consumers. The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year six-month average (January through June OR July through December), and each (January through June OR July through December six month average)thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. The Consumer Price Index(CPI)is found at the Bureau of Labor Statistics, Consumer Price Index website: http://www.bis.gov/gpi B. Procedure to Request Increase: i. Email the written price increase request to purchasing(c)_roundrocktexas.gov with the rate detail comparison, a comprehensive calculation, and any supporting documentation to the designated City Contract Specialist a minimum of 45 days prior to the annual Contract anniversary date. The detailed written calculation will be verified and confirmed. All written requests for increases must include the City of Round Rock contract number, solicitation reference information and contact information for the authorized representative requesting the increase. Page 7 of 15 .. . City of Round Rock CmiDit H. Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 ii. I Ipnn receipt of the request, the Cit` reserves the ht to '4L.... p" he escalation ' make City rigin w eluici a%%,V L uic cSCaiati�i� $iiu iiianc change to the purchase order within 30 days of the request or negotiate with the Vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 9. ACCEPTANCE/INSPECTION: Acceptance/Inspection shoi,ld not take mnrp than five «1 wnrkinn HAvc Tho_ 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 Contractor shall agree to reperform services to specification at no additional cost to the City. If any agreement or purchase order is cancelled for non-acceptance, the needed services may be purchased elsewhere. 10. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance anytime during the contract term. 11. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services/goods needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. 12. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award, split award, primary and secondary award, non-award, or use any combination that best serves the interest and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff recommendation of award has been made. The award announcement will be posted to the City's website at https://roundrocktexas.bonfirehub.com once City Council has approved the recommendation of award and the agreement has been executed. 13. POINT OF CONTACT/DESIGNATED REPRESENTATIVE: A. Contractor's point of contact: In order to maintain consistent standards of quality work performed across the City, the City shall be provided with a designated and identified point of contact upon award of the contract to include contact information. The City's designated representative shall be notified by the Respondent immediately should the point of contact change. B. The City's designated representative: The City's designated representative shall be: Eric Dady Facility Maintenance Manager General Services Phone: (512)218-5472 E-mail: edady(oDroundrocktexas.gov C. Do not contact the individual listed above with questions or comments during the course of the solicitation. Page R of IS City of Round Rock �xniui� H Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 PART IV SCOPE OF WORK 1. PURPOSE AND BACKGROUND: The City has approximately 800,000 square feet of maintained property and occupies approximately 46 facilities. The buildinqs consist of both commercial and residential tvge structures. Facilities maintained vary and can include but are not limited to office buildings, police department, fire stations, parks facilities, and parking garages. 2. MASTER PLUMBER/PLUMBING CONTRACTOR REQUIREMENTS: The following contains the minimum requirements and experience for plumbing repair and installation services required by the City. The Contractor shall- A. Shall have a physical location within Central Texas. B. Ensure that all personnel are skilled and qualified to perform the services as requested. C. 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(s)with the solicitation response. D. Master Plumber shall have at least five (5)years of experience with a minimum (3)three years of commercial experience. E. If a Journeyman Plumber is employed and will be assigned to any City project, the Journeyman Plumber shall have at least three (5)years' experience with a minimum if two (3) years commercial experience. All work performed by the Journeyman Plumber shall be inspected and approved by the Contractor's Master Plumber. F. Have access to and a working knowledge of all tools and equipment used to install and perform plumbing repairs and be able to work unsupervised and run a crew. G. Install fixtures or make repairs of various plumbing fixtures as required by the City. H. Will meet onsite with a City representative and make any repair recommendations based off of the site visit. 3. SERVICE REQUIREMENTS: The Contractor shall- A. Install valves, certified reduced pressure zones (RPZ), water heaters, circulating pumps, toilets, faucets, etc. as required by the City. B. Perform preventative maintenance on various items such as water heaters, grease traps, etc. as requested by the City. C. Scope lines and provide reports as requested. D. Be responsible for all plumbing within City facilities and 5' outside the building. E. Tie into existing water and sewer lines and extend as necessary. F. Have the ability to scan and cut concrete if required to make repairs or extend service lines. G. Perform all other repairs as required. 4. SAFETY DATA SHEETS: The Contractor shall be required to have in their possession at the location of each project and available upon request safety data sheets applicable to hazardous substances being used. 5. RESPONSE TIME: Response times shall be as follows: Non-Emergency Service Calls: "Non-emergency services" are defined as requests for repairs that, if the issue is not resolved in a reasonable amount of time, will stop normal operations. The Contractor shall: A. Respond and provide a written estimate for non-emergency service calls within five (5) days and begin work within eight(8) days of the original request provided a PO is issued to the Contractor. B. Contractor is expected to follow all noise ordinances set forth by the City. Page 9 of 15 City of Round Rock txnlolt ..H.. Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 a REocGUL.^,R AND OVERTIME WORK HOURS: A. Regular business hours are from 7:00 am to 6:00 pm Monday through Friday. B. Weekends may be permitted on an as needed basis. Services provided on weekends will not be considered overtime hours unless the Contractor's personnel have exceeded 40 hours in the current week. C. Overtime pay is only permitted in instances where the City deems the work to be necessary and prior written approval is given in advance of the work performed. D. Approved overtime work performed in excess of regular work hours, on weekends; or on holidays shall be based on the rate of regular labor not to exceed one and one half(1 '/z)times the fixed hourly rate for the tradesman performing the service. E. Respondent 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, and payroll expenses. 8. EMERGENCY OR AFTER-HOURS REPAIRS: A. The hours between 6:01 PM and 6:59 AM CST Monday through Friday, weekends, and City-observed holidays are considered "after-hours." B. The Contractor shall respond to emergency repairs verbally within 20 minutes and, if necessary, be on site within two hours. C. It is the Contractor's responsibility to have adequate, available, qualified staff to always respond to emergencies. D. The Contractor shall receive authorization in the form of a written response to perform after-hours repairs and maintenance from the City-designated representative or their delegated representative in advance of services being provided. 9. EMERGENCY STORM REPAIRS: Due to the inclement weather in Central Texas, the City will require extra services for repairs after a major storm. This can include but not be limited to tornados, windstorms, winter storms, hurricanes, and flash floods. The City is adding a contingency fee to the contract of$50,000 per year to address these storms. After a major storm, the Contractor shall- A. Ensure that City properties take priority to help mitigate public health and safety risks. B. Be onsite within four hours, depending on conditions, to begin emergency repairs. C. Assign additional staff as available to assist with repairs. D. Communicate any significant delays to the City's point of contact. 10. PERMITS/INSPECTIONS: If the project requires permitting and inspections the Contractor shall- A. Assist City of Round Rock(CORR) representative with any information requested if a project permit is required. B. Schedule all inspections as required/requested by building inspections at the following website: https://etrakit.roundrocktexas.gov/etrakit C. Notify the CORR representative prior to requesting an inspection to do a pre-inspection walk. D. Notify the CORR representative once an inspection has been requested and provide estimated date and time the inspection will take place. E. Notify the CORR representative of results of inspections. F. If any item does not pass inspection, it is the Contractor's responsibility to correct the item at no additional cost to the City. 11. DESIGNATED CONTACT PERSON: In order to maintain consistent standards of quality work performed across the Citythe City shall be provided with a designated and identified crew leader/point of contact (POC) upon award of the contract. A. The City shall be provided with the designated person's name and telephone number. B. This contact person shall remain the same throughout the term of the contract or upon termination of the contact person. If a change has been made in the contact person due to internal personnel changes, the City's designated representative shall be notified by the Contractor immediately at the time of the change. pane 10 of 1 S ..H.. City of Round Rock txnlQl>: Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 NO substitutions of key personnel shall be permitted without written approval of the authorized City's designated representative. C. The contact person shall be identified in the solicitation response and may be required to attend an oral presentation to the selection team prior to award of contract. D. Th., Contractor shall .i.�, �L.,. r+:ti.. .:al.. ..,�.- mgr+ :r ate_ r��r.. D. i h e Co t actor s lull provn�c the Cny with a secondary y I-0C II lI ie prIIIlaly POO Will be unavailable. 12. WARRANTY: The Contractor shall provide at minimum 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. 13. ESTIMATES: Contractor shall provide a non-binding written "Not to Exceed"estimate on all projects at no charge to the City upon request. It is the Contractor's responsibility to ensure that all information is complete to provide an accurate estimate. The City will not incur charges from the Contractor until the Contractor arrives on site and begins work. In certain circumstances a sample of materials to be used in a project may be requested by the City's designated representative for approval before work commences. A. Department name and location of the project. B. Contractor's designated contact name and telephone number. C. Breakdown of labor costs (Number of workers, hourly rate); Also include Foreman hours and rate if applicable. D. Materials (Detailed description, quantity, unit price and extended price amounts). E. Total cost(Labor and materials). F. Description specifying work to be done. G. Time projected to complete the project. H. See Attachment C- Sample Work Order. 14. INVOICE REQUIREMENTS: Each project shall be invoiced separately; the Contractor shall include detailed information on each invoice: A. The total hours worked and hourly rate for labor. B. Invoices shall have attached a copy of paid materials receipt from the supplier. C. See Attachment D- Sample Invoice. 15. . CONTRACTOR RESPONSIBILITIES: A. Schedule all requested maintenance in advance with the City's point of contact. B. Properly dispose of all rubbish and waste materials according to applicable federal, state, and local health, safety, and environmental laws, ordinances, rules, and regulations. C. Visit and inspect the locations prior to the submittal of a project proposal. Submittal of the project proposal is evidence that the Contractor has familiarized themselves with the nature and extent of the work and any local conditions that may, in any manner, affect the scope of the work to be done, pricing, and the equipment, materials, and labor required. Inspection must be scheduled by contacting the City's designated representative. Any variations in scope or pricing will only be considered on a case-by-case basis and must be approved in writing by the City POC prior to any work on said variation can begin. Contractor shall have full knowledge of scope of work and have ability to anticipate and ability to plan for variations prior to project start. D. Work shall not be initiated without the City's consent in the form of a formal PO number. E. Make all arrangements for delivery, unloading, receiving, and storing plumbing material and supplies for each project. The City will not assume any responsibility for these shipments. F. Provide work reports- 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. Reports shall include, at a minimum, the following information: i. Location of the worksite, ii. Date and time of arrival at worksite, iii. Time spent for repair, Paae 11 of 15 ..H._ City of Round Rock t7-mut Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 iv. Date and time work at location is completed, v. Part(s)ordered, hourly labor rate with quantities, and equipment rented, if necessary, vi. A detailed description of all the completed repair work certifying the item is in working order shall be signed by the City's designated representative at the time the work is completed. vii. Be responsible for rental of any equipment that may be required to complete task. viii. Be responsible for any disposal fees. G. Maintain Communication- Communication is vital to the City of Round Rock. The City requires timely communication throughout the entire job process. The City understands that lead times can vany, depending upon the size, manufacturer, and difficulty of the required tasks. 16. CITY'S RESPONSIBILITIES: The City will- A. Provide the Contractor with a complete and accurate project overview with the request for estimate. B. Coordinate scheduling with the Contractor. C. Ensure work area is reasonably free of safety hazards. D. Provide access to locations where services are required. E. Provide local vehicle parking and access to the work areas. If suitable parking cannot be furnished by the City, the Contractor shall arrange for off-site parking and transportation to/from the work site. F. Provide reasonable access to power and water utilities as needed to complete the project. G. Inspect work performed to ensure compliance with the scope of work. H. Review all invoices to ensure accuracy. Paaa 17 of 15 GXf 11DI1 H City of Round Rock Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 DART V PROPOSAL PREPARATION INSTRUCTIONS AND EVALUATION FACTORS 1. PROPOSAL ACCEPTANCE PERIOD: All proposals are valid for a period of one hundred and twentv (1.20) calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in the proposal. 2. PROPOSAL RESPONSE: Responses shall be clear and concise while appropriately responding to the evaluation criteria listed below in Section 3. in order to do business with the City of Round Rock you must be registered with the City's Vendor Database. To register, go to: nttps.1/roundrocK xyendors.munisseltservice.com/Vendors/default aspx Proposal Submittal Instructions: The Respondent shall include all of the following documents in their response- ❑ Attachment A- Reference Sheet ❑ Acknowledged Addenda (if applicable) ❑ Attachment E-Subcontractor Information Forn ❑ Company Information-which gives in brief, concise terms, a summation of the proposal. Include the following- Business Organization: State full name and address of your organization and identify parent company if you are a subsidiary. Specify the branch office or other subordinate element which will perform,or assist in performing, work herein. Indicate whether you operate as a partnership, corporation, or individual. Include the State in which incorporated or licensed to operate. Prosect Management Structure: Provide a general explanation and chart which specifies project leadership and reporting responsibilities; and interface the team with City project management and team personnel. If use of subcontractors is proposed, identify their placement in the primary management structure, and provide internal management description for each subcontractor. Authorized Negotiator: Include the name, email address, and telephone number of the person(s) in your organization authorized to negotiate Contract terms and render binding decisions on Contract matters. ❑ Segment requirements listed below. ❑ A statement of your compliance with all applicable rules and regulations of Federal, State and Local governing entities. ❑ List of Exceptions (if any)- Be advised that exceptions to any portion of the Solicitation may jeopardize acceptance of the Proposal by the City. Exceptions to this solicitation if any, shall be submitted on a separate sheet labeled "Exceptions"with the Respondent's proposal. 3. EVALUATION CRITERIA: A. Segment 1- Program: Describe your technical plan for accomplishing required work. Include such time- displays, graphs, and charts as necessary to show tasks, sub-tasks, and decision points related to the scope of work and your plan for accomplishment. Specifically indicate: i. Describe your contract management approach and ability to coordinate work with all City personnel and suppliers in order to meet the deadlines established. ii. Describe your ability to complete the project within the schedule taking into account existing commitments. iii. Describe your ability to identify and resolve potential issues, delays, etc. and your back-up/ contingency plan for any unanticipated delays. iv. Describe your ability to react to emergencies for the City. v. Describe your quality control program. Explain the methods used to ensure quality control during all phases of the project. Provide specific examples of how these techniques or procedures were used successfully from any of the projects mentioned in "Prior Experience" below. vi. Describe the scheduling techniques, including any scheduling or project management software, you would employ on this project. Paee 13 of 15 City of Round Rock L--A1111./1L Yl Plumbing Services RFP No. 23-017 Commodity Code: 910-60, 914-68, 934-64 March 2023 E. The City reserves the right to waive any minor technicality, irregularities, or informalities noted in the submission process. Submission of proposal confers no legal rights upon any Respondent. F. The City reserves the right to request further documentation or information and to discuss proposal response lvvifh uny Rospon.cot fn �.r.dcr to A...... t- i,.-:�. c.�_ r / ,L u�i v ui iS'rrcr qucSuvi 10 yr tv%tai ny 8iiy CCJ0PCI IJ VI a IC NiONosdi. G. The City may develop a "short list" of qualified proposal and may determine that the Respondent(s) should submit a Best and Final Offer(BAFO). Each "short listed" Respondent will be given a reasonable opportunity for discussion and revision of their proposal. S. AGREEMENT NEGOTIATIONS AND AWARD PROCESS: A. A proposal presented in response to this RFP is subject to negotiation concerning any issues deemed relevant by the City. The City reserves the right to negotiate any issue with any party. Any unsolicited communication by the Respondent to a City official, undesignated employee, or an evaluation team member evaluating or considering the offers may be grounds for disqualifying the offending Offeror from consideration of award. B. Submission of proposal indicates the Respondent's acceptance of the evaluation process and recognition that the City may make subjective judgments in evaluating the proposal to determine the best value for the City. C. If negotiations are successful, the City and Respondent may enter into an agreement. If negotiations are unsuccessful, the City may formally end negotiations with that Respondent. D. The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most advantageous, or to waive any irregularities or informalities in the submittal received. E. An independent signed authorized Contract will be sent to the successful Respondent(s). Execution of a City of Round Rock contract is required prior to starting work and processing any payments to the awarded Respondent. 6. POST AWARD MEETING: The City and the Respondent may schedule a post award meeting to discuss, but not be limited to the following: A. The method to provide a smooth and orderly transition of services performed from the current Contractor. B. Provide City contact(s) information for implementation of the Agreement. C. Identify specific milestones, goals, and strategies to meet objectives. Page 15 of 15 txnlDn ..H.. Attachment C-Bid Sheet Plumbing Services RFP 23-017 The Respondent represents by their signet ire below that they are submitting a binding offer and are authorized to bind the respondent to fully comply with I Ith solicitation dvCuincnt5 contained in RFP 23-017 Plumbing Services The Respondent acknowledges that they have received and read the entire (solicitation packet,attachments,and all documents incorporated by reference,and agrees to be bound by the terms therein. `Special Instructions:All prices must be quoted in order to be considered responsive,be advised that exceptions taken to any portion of the solicitation will jeopardize acceptance of the bid.Alternative bids will not be considered and unauthorized modifications to the bid sheet format will result in the reiection of tib bid.T he City reserves the right to purchase more or less than the quantities indicated below No. Description Estimated Quantity Unit Unit Cost Extended Total 1 Master Plumber Hourly Labor Rate 500 Hourly $99.00 $49;500.00 2 Master Plumber Overtime Hourly Labor Rate 30 Hourly $134.00 $4,020.00 3 Journeyman Plumber Hourly Labor Rate 500 Hourly $92.50 $46,250.00 Journeyman Plumber Overtime Hourly Labor Rate 4 30 Hourly $125.00 $3,750.00 Apprentice Plumber Hourly Labor Rate 5 500 Hourl $77.50 $38,750.00 Apprentice Plumber Overtime Hourly Labor Rate 6 50 Hourl $110.00 $5,500.00 7 Material shall be on a cost-plus basis.The Percentage(%)if any,of markup will be: 30% Annual Total: $147,770.00 COMPANY NAME: Mechanical 8,Process Systems L.L.C. PRINTED NAME: sct I �e PHONE NUMBER: 6 512-691-9259 EMAIL ADDRESS: ma nindtd us loft