CM-2019-0043 - 2/1/2019CITY OF ROUND ROCK AGREEMENT FOR
STEEL FABRICATION AND ERECTION OF THE
DELL DIAMOND TICKET WINDOWS
WITH
DESIGN WELDING AND FABRICATION INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for construction services, specifically, steel fabrication and
erection of the ticket windows at Dell Diamond, located at 3400 East Palm Valley Boulevard,
Round Rock, Texas (referred to herein as t "Agreement'), is made and entered into on this the
j*'day of the month of, , 2019 by and between the CITY OF ROUND
ROCK, a Texas home -rule municipal ty, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664-5299 (referred to herein as "Owner" or "City"), and DESIGN
WELDING AND FABRICATION INC., whose office are located at 3300 FM 1660, Hutto,
Texas 78634 (referred to herein as "Contractor").
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
ARTICLE 1: THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement; the Request for Quote and Vendors
Response to Request for Quote (referred to herein as "Work" and attached as Exhibit "A" and
incorporated herein by reference for all purposes); Plans reference in the Request for Quote; the
City of Round Rock's General, Supplementary and Special Conditions to be provided by City;
Construction Documents prepared by McKinney York Architects; and any Modifications issued
after the execution of this Agreement. These form the Contract, and are as fully a part of the
Contract as if attached to this Agreement and repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes any prior negotiations,
representations or agreements, either written or oral.
ARTICLE 2: THE WORK OF THIS CONTRACT
Contractor shall fully execute the Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others.
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ARTICLE 3: DATE OF COM NIENCEMENT; DATE OF FINAL COMPLETION.
3.1 rhe date of the commencement or the Work shall be the effective date of this Agreement.
Effective date of the Agreement is defined as the date upon which the binding signatures of both
parties to this Agreement are affixed.
3.2 Contractor shall achieve Final Completion of the Work no later than thirty (37) calendar
days from the Notice to Proceed. Completion of the fabrication portion of the Work shall occur
no later than thirty (30) calendar days from the Notice to Proceed and completion of the steel
erection portion of the Work shall occur no later than seven (7) calendar days after completion of
the fabrication portion of the Work. Final completion is defined as the stage in the progress of
the Work when, in Owner's opinion, the entire Work has been completed. Contractor's
obligations under the Contract Documents have been fulfilled, and Owner is processing or has
made final payment to Contractor, as evidenced by a Certificate of Acceptance approved by
Owner.
ARTICLE 4: CONTRACT SUM
Owner shall pay Contractor the Contract Sum of Thirty -Four Thousand and No/100
Dollars (534,000.00) as set forth in Exhibit "A" for performance of the Work under this
Agreement.
ARTICLE 5: PAYMENTS
5.1 Applications for Payment. Based upon Applications for payment submitted to Owner
by Contractor. Owner shall make progress payments on account of the Contract Sum to
Contractor as provided below.
5.1.1 The period covered by each Application for Payment shall be one (1) calendar
month ending on the last day of the month.
5.1.2 Provided that an Application for Payment is received and accepted by Owner not
later than the tenth (10) day of a month, Owner shall make payment to the Contractor
not later than the tenth (10h) day of the next month. If an Application for payment is
received by received by Owner after the application date fixed above, payment shall be
made by Owner not later than one month after the Owner receives and accepts the
Application for Payment.
5.1.3 Each Application for Payment shall be based on the most recent schedule of
values submitted by Contractor in accordance with the Contract Documents. The
schedule of values shall allocate the entire Contract Sum among the various portions of
the Work. The schedule of values shall be prepared in such form and supported by such
data to substantiate its accuracy as Owner may require. This Schedule, unless objected to
by the O%�,ner, shall be used as a basis for reviewing Contractor's Applications for
Payment.
5.1.4 Applications for Payment shall warrant the percentage of completion of each
portion of the Work as of the end of the period covered by the Application for Payment.
5.1.5 Except with Owner's prior written approval, Contractor shall not make advance
payments to suppliers for materials or equipment which have not been delivered and
stored at the site.
5.2 Final Payment.
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall
be made by Owner to Contractor when Contractor has fully performed the Contract
except for Contractor's responsibility to correct Work, and to satisfy other requirements,
if any, which extend beyond final payment.
5.2.2 Owner's final pa) ment to Contractor shall be made no later than thirty (30) days
after the Work is fully performed to the acceptance of the Owner. In no event shall final
payment be required to be made prior to thirty (30) days after all Work on the Contract
has been fully performed. Defects in the Work discovered prior to final payment shall be
treated as non -conforming Work and shall be corrected by Contractor prior to final
payment, and shall not be treated as warranty items.
ARTICLE 6: INSURANCE
6.1. Insurance Companies.
6.1.1 All insurance required by the Contract Documents shall be obtained from solvent
surety or insurance companies that are duly licensed by the State of Texas and authorized
to issue insurance policies for the limits and coverages required by the Contract
Documents.
6.2 Workers' Compensation Insurance Coverage.
6.2.1 Definitions:
.1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on the Project, for the duration
of the Project.
.2 Duration of the Project - includes the time from the beginning of the Work on
the Project until the Contractor's/ person's Work on the Project has been
completed and accepted by the Owner.
.3 Persons providing services on the Project ("subcontractor" herein) - includes
all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the Project, regardless of whether that person contracted
directly with the Contractor and regardless of whether that person has employees.
This includes, by way of illustration and not of limitation, independent
contractors, Subcontractors, leasing companies, motor carriers, owner -operators,
employees of'any such entity, or employees of any entity which furnishes persons
to provide services on the Project. "Services" include, without limitation,
providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the Project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
6.2 .2 Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of
Contractor providing services on the Project, for the duration of the Project.
6.2.3 Owner will not execute the Contract prior to Contractor providing all required
certificates of coverage (see Exhibit "B" attached hereto and referenced herein for all
purposes.
6.2.4 If the coverage period shown on Contractor's current certificate of coverage ends
during the duration of the Project, Contractor must, prior to the end of the coverage
period, file a new certificate of coverage with Owner showing that coverage has been
extended.
6.2.5 Owner shall obtain from each person providing services on the Project, and
provide to Owner:
.1 A certificate of coverage, prior to that person beginning Work on the Project.
so Owner will have on file certificates of coverage showing coverage for all
persons providing services on the Project; and
.2 No later than seven (7) days after receipt by Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the Project.
6.2.6 Contractor shall retain all required certificates of coverage for the duration of the
Project and for one (1) year thereafter.
6.2.7 Contractor shall notify Owner in writing by certified mail or personal delivery
within ten (10) days after Contractor knew or should have known of any change that
materially affects the provision of coverage of any person providing services on the
Project.
6.2.3 Contractor shall post at its office or on each Project site a notice, in the text, form
and manner prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the Project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
6.2.9 Contractor shall contractually require each person with whom it contracts to
provide services on a Project to:
.1 Provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the Project, for the duration of the Project.
.2 Provide to Contractor, prior to that person beginning Work on the Project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the Project, for the duration of the Project.
.3 Provide Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the Project.
.4 Obtain from each other person with whom it contracts, and provide to
Contractor:
a) a certificate of coverage, prior to the other person beginning Work on the
Project; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the Project.
.5 Retain all required certificates of coverage on file for the duration of the
Project and for one (l) year thereafter.
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.6 Notify Owner in writing by certified mail or personal delivery within ten (10)
days after the person knew or should have known of any change that materially
affects the provision of coverage of any person providing services on the project.
.7 Contractually require each person with whom it contracts. to perform as
required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be
provided to the person for whom they are providing services.
6.2.10 By signing this Contract or providing or causing to be provided a certificate of
coverage, Contractor is representing to Owner that all employees of Contractor who will
provide services on the Project will be covered by workers' compensation coverage for
the duration of the Project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self -Insurance Regulation. providing false or misleading
information may subject Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
6.2.11 Contractor's failure to comply with any of these provisions is a breach of Contract
by Contractor which entitles Owner to declare the Contract void if Contractor does not
remedy the breach within ten (10) days after receipt of notice of breach from Owner.
6.3 Contractor Insurance. Requirements.
6.3.1 General Requirements:
.1 Contractor shall carry insurance in the types and amounts indicated below for
the duration of the Contract, which shall include items owned by Owner in the
care, custody and control of Contractor prior to and during construction and
warranty period.
.2 Contractor must complete and forward the required Certificates of Insurance
to Owner before the Contract is executed as verification of coverage required
below. Contractor shall not commence Work until the required insurance is
obtained and until such insurance has been reviewed by Owner. Approval of
insurance by Owner shall not relieve or decrease the Iiability of Contractor
hereunder and shall not be construed to be a limitation of liability on the part of
Contractor. Contractor must also complete and forward the required Certificates
of Insurance to Owner whenever a previously identified policy period has expired
as verification of continuing coverage.
.3 Contractor's insurance coverage is to be written by companies licensed to do
business in the State of Texas at the time the policies are issued and shall be
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written by companies with A.M. Best ratings of B+VII or better, except for
hazardous material insurance which shall be written by companies with A.M. Best
ratings of A- or better.
.4 All endorsements naming Owner as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall indicate:
City of Round Rock, 221 E. Main St., Round Rock, Texas 78664.
.5 The "other" insurance clause shall not apply to Owner where Owner is an
additional insured shown on any policy. It is intended that policies required in the
Contract, covering both Owner and Contractor, shall be considered primary
coverage as applicable.
.6 If insurance policies are not written for amounts specified below, Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts
specified. If Excess Liability Insurance is provided, it shall follow the form of the
primary coverage.
.7 Owner shall be entitled, upon request and without expense, to receive certified
copies of policies and endorsements thereto and may make any reasonable
requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
.8 Owner reserves the right to review the insurance requirements set forth during
the effective period of this Contract and to make reasonable adjustments to
insurance coverage, limits, and exclusions when deemed necessary and prudent by
Owner based upon changes in statutory law, court decisions, the claims history of
the industry or financial condition of the insurance company as well as Contractor.
.9 Contractor shall not cause any insurance to be canceled nor permit any
insurance to lapse during the term of the Contract or as required in the Contract.
.10 Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions
shall be disclosed on the Certificate of Insurance.
.11 Contractor shall provide Owner thirty (30) days written notice of erosion of
the aggregate limits below occurrence limits for all applicable coverages indicted
within the Contract.
i
.12 If Owner -owned property is being transported or stored off-site by Contractor,
then the appropriate property policy will be endorsed for transit and storage in an
amount sufficient to protect Owner's property.
.13 The insurance coverages required tinder this contract are required minimums
and are not intended to limit the responsibility or liability of Contractor.
6.3.2 Business Automobile Liability Insurance.
.1 Contractor shall provide coverage for all owned, non -owned and hired
vehicles. The policy shall contain the following endorsements in favor of Owner:
a) Waiver of Subrogation endorsement TE 2046A;
b) 30 -day Notice of Cancellation endorsement TE 0202A; and
c) Additional Insured endorsement TE 9901 B.
.2 Contractor shall provide coverage in the following types and amounts: A
minimum combined single limit of $500,000 per occurrence for bodily injury and
property damage. Alternate acceptable limits are $250.000 bodily injury per
person, $500,000 bodily injury per occurrence and at least $100,000 property
damage liability each accidcnt.
6.3.3 Workers' Compensation and Employers' Liability Insurance.
.1 Contractor's coverage shall be consistent with statutory benefits outlined in
the Texas Workers' Compensation Act (Section 401). Contractor shall assure
compliance with this Statute by submitting two (2) copies of a standard certificate
of coverage (e.g. ACCORD form) to Owner's Representative for every person
providing services on the Project as acceptable proof of coverage. The required
Certificate of Insurance must be presented as evidence of coverage for Contractor.
Workers' Compensation Insurance coverage written by the Texas Workers
Compensation Fund is acceptable to Owner. Contractor's policy shall apply to the
State of Texas and include these endorsements in favor of Owner:
a) Waiver of Subrogation, form WC 420304; and
b) 30 -day Notice of Cancellation, form WC 420601.
.2 The minimum policy limits for Employers' Liability Insurance coverage shall
be as follows: $100,000 bodily injury per accident, $500,000 bodily injury by
disease policy limit and $100,000 bodily injury by disease each employee.
6.3.4 Commercial General Liability Insurance.
.1 Contractor's policy shall contain the following provisions:
a) Blanket contractual liability coverage for liability assumed under the
Contract and all contracts relative to this Project.
b) Completed Operations/Products Liability for the duration of the warranty
period.
e) Explosion, Collapse and Underground (X, C &: U) coverage.
d) Independent Contractors coverage.
e) Aggregate limits of insurance per project, endorsement CG 2503.
Q Owner listed as an additional insured, endorsement CG 2010.
g) Thirty (30) day notice of cancellation in favor of OWNER, endorsement
CG 0205.
h) Waiver of Transfer of Recovery Against Others in favor of OWNER,
endorsement CG 2404.
.2 Contractor's Policy shall provide coverages a) and b) with minimum limits as
follows: A combined bodily injury and property damage limit of $500,000 per
occurrence.
ARTICLE 7: TERMINATION AND SUSPENSION
7.1 Owner 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 Contractor.
7,2 In the event of any default Contractor, Owner has the right to terminate this Agreement
for cause, upon ten (10) days' written notice to Contractor.
7.3 Contractor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by Owner, or by mutual agreement to terminate
evidenced in writing by and between the parties.
7.4 In the event Owner terminates pursuant to 7.1 or 7.2 above, the following shall apply:
Upon Owner's delivery of the referenced notice to Contractor, Contractor shall discontinue all
Work in connection with the performance of this Agreement and shall proceed to cancel
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promptly all Work insofar as such Work is chargeable to this Agreement. Within thirty (30) days
after such notice of termination, Contractor shall submit a statement showing in detail the Work
satisfactorily performed under this Agreement to the date of termination. Owner shall then pay
Contractor that portion of the charges, if undisputed. The parties agree that Contractor is not
entitled to compensation for Work it would have performed under the remaining term of the
Agreement except as provided herein.
ARTICLE 8: MISCELLANEOUS PROVISIONS
8.1 Where reference is made in this Agreement to a provision of any document, the reference
refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
8.2 City's representative is:
Contractor's representative is:
Dustin Harrison
Superintendent Building Construction
212 Commerce Cove
Round Rock, Texas 78664
dharrison a.roundrocktexas.aov
Telephone: (512) 218-7009
Colby Doherty
Project Manager
Design Welding and Fabrication, Inc.
3300 FM 1660 Hutto, Texas 78634
Telephone: (512) 759-1452 (office)
Telephone: (512) 844-2425 (cell)
8.3 Neither Owner's representative nor Contractor's representative shall be changed without
ten (10) days' written notice to the other party.
8.4 Waiver of any breach of this Agreement shall not constitute waive of any subsequent
breach.
8.5 Although this Agreement, is drawn by Owner, both parties hereto expressly agree and
assert that, in the event of any dispute over its meaning or application, this Agreement shall be
interpreted reasonably and fairly, and neither more strongly for not against either party.
8.6 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 and conditions
herein, exclusive venue for same shall lie in Coryell County, Texas. This Agreement shall be
governed by and in accordance with the laws and court decisions of the State of Texas.
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8.7 Both parties hereby expressly agree that no claims or disputes between parties arising out
of or relating to this Agreement or a breach thereof shall be deducted by an arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
8.8 The parties, by execution of this Agreement, bind themselves, their heirs, successors,
assigns, and legal representatives for the full and faithful performance of the terms and
provisions hereof.
ARTICLE 9: NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of Owner's current revenues only. It is understood and
agreed that Owner 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 Owner's budget for the fiscal year in question. Owner may effect such
termination by giving Contractor a written notice of termination at the end of its then current
fiscal year.
ARTICLE 10: TAXES
Owner is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Owner's charges.
ARTICLE 11: RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
ARTICLE 12: INDEMNIFICATION
Contractor shall defend (at the option of Owner), indemnify, and hold Owner, 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
the Contractor, or Contractor's agents, employees or subcontractors, in the performance of
Contractor'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 Owner or Contractor (including, but not
limited to the right to seek contribution) against any third party who may be liable for an
indemnified claim.
ARTICLE 13: COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Contractor, 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 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Contractor verifies Contractor does not boycott Israel and will not
boycott Israel during the term of this Agreement.
ARTICLE 14: 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 transter any interest in this Agreement without prior written authorization of the
other party.
ARTICLE 15: NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
I. 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.
Notice to Contractor:
Design Welding and Fabrication, Inc.
3300 FM I660
Hutto, Texas 78634
Notice to Owner:
Laurie Hadley, 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
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Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of Owner and Contractor.
ARTICLE 16: 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.
In accordance with Chapter 2270, Texas Government Code, a governmental entity may
not enter into a contract with a company for goods or 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 terms of this Contract. The signatory executing this Agreement on behalf of
Contractor verifies Contractor does not boycott Israel and will not boycott Israel during the term
of this Acreement.
ARTICLE 17: DISPUTE RESOLUTION
Owner and Contractor 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 Iimitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
ARTICLE 1S: 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
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.
ARTICLE 19: MISCELLANEOUS PROVISIONS
19.1 Standard of Care. Contractor 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.
A
.19.2 Time is of the Essence. Contractor understands and agrees that time is of the essence
and that any failure of Contractor to fulfill obligations for each portion of this Agreement within
the agreed timeframes will constitute a material breach of this Agreement. Contractor shall be
frilly responsible for its delays or for failures to use best efforts in accordance with the terms of
this Agreement. Where damage is caused to Owner due to Contractor's failure to perform in
these circumstances, Owner may pursue any remedy available without waiver of any of Owner's
additional legal rights or remedies.
19.3 Force Majeure. Neither Owner nor Contractor shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which they are not responsible or circumstances beyond their control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
19.4 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.
19.5 Execution. This Agreement is entered into as of the day and year first written above and
is executed in at least two (2) original copies, of which one is to be delivered to the Contractor
and the remainder to the Owner.
[Signatures appear on the following page.]
IN WITNESS WHEREOF, Owner and Contractor have executed this Agreement on the
dates indicated.
City of Round Rock, Texas
By: 6zt4';z+1
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Printed 'tan e: r`rt.q yt 1 tW
Title:
Date Signed: D. -
Attest:]
1{CLLu
For City,4LS'1vicets,
d as to For :
By: _
StephCity Attorney
Design Welding and Fabrication Inc.
By: 2 "
Printed Name: buzL .% baj e, &
Title: f/= P
Date Signed: O/— aY—_2oLl
EXHIBIT "A"
RFQ AND CONTRACTOR'S RESPONSE TO RFQ
[See following pages.]
,f
ROUND ROCIC r P?: �1
City of Round Rock, Texas
Request for Quote
RFQ#••
19-304
Product/Service
Dell Diamond Ticket -Steel
Description:
Fabrication
Date Issued:
01/0712019
Quote Due By
DatelTime
01!1112019 at 5:00pm
City Contact Nam
Richard Will
Contact Phone #
512-341-3319
'Email Address:
richardwili@roundrocktexas.gov
Department Name
General Services
I Jobsite Address: 13400 E. Palm Valley BLVD, Round Rock, Texas 78665
Instructions for Respondents to this Request for Quote (RFQ)
This is a Request for Quote and not an order.
Submit a complete and signed quote by the due date/time to the email_ address above"
• The City of Round Rock Standard Terms and Conditions and Insurance Requirements are hereby
incorporated into this Request for Quote by reference, with the same force and effect as if they were
incorporated in full text. The full text versions of these documents are available, on the Internet at the following
hyperlink: httpsalwwN.roundrocktexas.ciov/departments/r)urchasinci
• The City reserves the right to determine "or equal" status. Quotes may be withdrawn at any time prior to the
official closing by written notification. Quotes may not be altered, amended or withdrawn after the official
closing.
• In order to do business with the City of Round Rock please register with the City's Vendor Database. To
register, go to: https:#roundrock munisselfservice.comNendors/default.aspx.
• Awarded quote may be required to contract with the City of Round Rock for services. The contract must be
signed by a company owner or designated representative
• The City is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in the quoted
price.
• The City reserves the right to accept or reject, in part or whole, any quote submitted and to waive any minor
technicalities that are in the best interest of the City.
• Additional Specifications are attached
• Vendor required to furnish all material, labor, and equipment to accomplish work
• Vendor must be a business in good standing and have valid safety record
• Vendor must have successfully accomplished similar scope of work
• Deadline for completion date, assumed Notice to Proceed issued by 02/01/2019 is 03/01/2019
• Identify in the line below the estimated time of work to completion, once issued a Notice to Proceed
Time to Completion 3 Weeks Days; Corresponding Date
• A pre-bid meeting and site walk is scheduled for Wednesday, 01/09/2019 at 10:30am, Dell Diamond, 3400 E.
Palm Valley Blvd, Round Rock, Texas. Vendors to meet at the West ticket entrance
Form Revised November 2017 11 P a g e
f{ �r
ROUND ROCK II-XA
Project Scope Statement
Project Title: Dell Diamond Ticket Window
Date: 1/3/2019
Scope: Steel Fabrication
Reference project Manual
Prepared by: Richard Will
Reference plan pages A231. A311, 5001, S100, 5200- provide canopy steel and fabrication according to plan
documents to include: (x2 for North and South canopies)
Canopy(s)
Wall support columns
Canopy supports, clevis, pins, bolts, rod. and turnbuckles
Stone Lentil
*provide hot dipped galvanized as called out on plans
Reference plan pages A231. A311: S001. S 100, S200- provide fence gate steel and fabrication according to p' an
documents to include:
Fence sections
Support post and base plate details
Gates. including castors called out in 03 A311
Gate locking rod (cane bolt) called out on A31 l
Gate hinges called out on A311
*provide hot dipped galvanized as called out on plans
Field verify plan sheet measurements before fabrication
Include shop drawings for Architectural Structural approval as applicable
Delivery to jobsite
Exclusions:
Erection
Field Painting
Form Revised November 2017 2 1 P a g e
1
ROUND RDCI<TEXAs
City of Round Rock, Texas
Request for Quote
Item #
Item Description
Price
i
Steel Fabrication Scope as outlined on attached scope statement and
Ian sheets
Authorized Signature:
Total Quote
$ 24,000.00
RFQ#• 19-304 Product/Service Dell Diamond Ticket -Steel
Description: Fabrication I
Vendor Contact Information and Signature
Vendor Name:
Design Welding & Fabrication
Name of Sales Contact:
Colby Doherty
Authorized Signature:
Date:
1-11-2019
Email Address:
Colby@Designwelding.tom
Phone Number:
512-844-2425
Additional space provided for comments or exclusions:
Form Revised November 2017 3 1 P a g e
ROUND ROCK
City of Round Rock, `t"exas
Request for Quote
RFQ#:
19-305
Product/Service
Dell Diamond Ticket -Steel
Description:
Erection
Date Issued:
01/07/2019
Quote Due By
Date/Time
01/11/2019 at 5:00pm
City Contact Nam
Richard Will
Contact Phone #
512-341-3319
'Email Address:
richardwill@roundroektexas.gov
Department Name
General Services
Jobsite Address: 3400 E. Palm Valley BLVD, Round Rock, Texas 78655
Instructions for Respondents to this Request for Quote (RFQ)
This is a Request for Quote and not an order.
Submit a complete and signed Quote by the due date/time to the email address above*
• The City of Round Rock Standard Terms and Conditions and Insurance Requirements are hereby
incorporated into this Request for Quote by reference, with the same force and effect as if they were
incorporated in full text. The full text versions of these documents are available, on the Internet at the following
hyperlink: https:/Iwwv.roundrocktexas.gov/deoartmenls/ourchasino/
• The City reserves the right to determine "or equal" status. Quotes may be withdrawn at any time prior to the
official closing by written notification. Quotes may not be altered, amended or withdrawn after the official
closing.
• In order to do business with the City of Round Rock please register with the City's Vendor Database. To
register, go to: https:/lroundrock.munisselfservice.comNendors/defaLlit.aspx,
• Awarded quote may be required to contract with the City of Round Rock for services. The contract must be
signed by a company owner or designated representative
• The City is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in the quoted
price.
• The City reserves the right to accept or reject, in part or whole, any quote submitted and to waive any minor
technicalities that are in the best interest of the City.
• Additional Specifications are attached
• Vendor required to furnish all material, labor, and equipment to accomplish work
• Vendor must be a business in good standing and have valid safety record
• Vendor must have successfully accomplished similar scope of work
• Deadline for completion date, assumed Notice to Proceed issued by 03101/2019 is 03/07/2019
• Identify in the line below the estimated time of work to completion, once issued a Notice to Proceed:
Time to Completion 4-5 Days Days; Corresponding Date
• A pre-bid meeting and site walk is scheduled for Wednesday, 01/09/2019 at 10:30am, Dell Diamond, 3400 E.
Palm Valley Blvd, Round Rock, Texas. Vendors to meet at the West ticket entrance
Form Revised November 2017 11 P a g e
h�
r er r.
f I?OUND RQCI(TEY.F 5
Project Scope Sataiement
Project Title: Dell Diamond Ticket Window
Date: 1/3/2019
Scope: Steel Erection
Reference Project Manual
Prepared by: Richard Will
Erection of steel canopies as referenced in plan sheets A231, A311, S001, S 100, S200: to include wall columns
Erection of as referenced in plan pages A231, A311. SOOI, S100, 5200; to include Hilti anchor bolts
and adhesive (as indicated in plans)
Provide spot galvanized treatment of welds and penetrations
Provide corrosion protection for bare metal to concrete of base plates for fence/gates
Provide Gate rod holes drilled in concrete for hold open and close positions
Provide lifts and equipment for installation
Provide weldinc certifications
All %%elds and connections to be inspected
Exclusions:
Steel fabrication and material provided by others
Demolition of existing stone or framing
Painting as required of erected fence. gate
Weld and steel inspections provided by City of Round Rock
Form Revised November 2017 2 1 P a g e
ni
p,
V
r �ROUND ROCICrr- 1
City of Round Rock, Texas
Request for Quote
Item #
Item Description Price
1
Steel Erection Scope as outlined on attached scope statement and
tan sheets
Authorized Signature:
Total Quote
$ 10,000.00
RFQ#: 19-3D5 Product/Service Deli Diamond Ticket -Steel
1 I
Description: Erection
Vendor Contact Information and Signature
Vendor Name:
Design Welding & Fabrication
Name of Sales Contact:
Colby Doherty
Authorized Signature:
Date:
1-11-2019
Email Address:
Colby@Designwelding.com
Phone Number.
512-844-2425
Additional space provided for comments or exclusions:
Form Revised November 2017 31 Page
Desig r
Idin
3300 FM 1660 Hutto, TX 78634 Tel: (512) 759-1452 Fax: (512) 759-1348
NCTRCA WOMEN --OWNED BUSINESS ENTERPRISE CERT # WFWB48424NO212
CITY OFA USTIN WBEIDBE CERT # DES8304882 /STATE OF TEXAS HUB CERTIFIED
DATE: 1-11-2019
T0: City Of Round Rock
RE: Dell Diamond Ticket Booth
Design Welding & Fabrication proposes to furnish & Install the following items shown as "included" in accordance with the
AISC and/or provided drawings.
F'urnishlInstall S34,000.00
INCLUSIONS:
I. Ticket Booth Columns
2. Canopy Framing
3. Sill Plate and Angle
4. Lintel Angle
5. Turn Buckles with rods and connection plates
6. 1"Galvanized Decking on top ofcanopy's
7. Fencing and Gates as shown on A311
8. Caster Wheels
9. Heavy Duty Hinges
W. Cane Bolts
11. Galvanizing of all material
12. Erection of our work Only
13. Bolts for our work only
EXCLUSIONS:
1. ANY WORK AND/OR DIVISIONS NOT SPECIFICALLY INCLUDED ABOVE
2. Finish Paint
3. Tax
4. Testing and inspection
5. Permits, bond, allowance, testing, inspection, design, or engineering (or cost on
6. Touch up paint, finish paint, fire proofing, galvanizing unless included above, blast
7. Temporary bracing or shoring, holes for other trades
S. Items not specifically included are excluded.
9. ITEMS NOT SIZED OR SHOWN ON DRAWINGS.
Any street closures or sidetivalk closures to be by G.C.
This proposal is subject to both parties being able to mutually agree to final terms and conditions for the resultant
purchase agreement. This proposal shall be made a part of any future purchase agreements. Quote is valid for 30
days. This proposal includes electronic submittals and field use drawings. No paper submittals or field use drawings
are included.
Any and all back charges must be approved in writing by Design Welding prior to work being completed. Seller
hereby objects to any different or additional items and any such different or additional terms shall NOT be made a part
of the parties' agreement without written consent of Seller. This proposal must be accepted in writing and returned
prior to any fabrication or engineering beginning. All terms are 30 -days net and the maximum allowable interest shall
apply to any unpaid balances.
******Standard Payment Policy
1) Materials billed when DWF is invoiced and due 30 from date of invoice
2) Shop Drawings paid in advance with order acceptance.
3) No retainage for materials has been included or anticipated
Respcetful ly,
Colby Doherty
EXHIBIT "B"
CERTIFICATE OF INSURANCE COVERAGE
[See following page.]
Client#: 56573
DESIGWEL
ACORD. CERTIFICATE OF LIABILITY INSURANCEDATE(MWDDIYYYY)
1125/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder In Ileu of such endorsement(s).
PRODUCER NAME: Kember McCoy
The Nltsche Group PHONe . 979-540-2215 F
ACX. Not;
143 East Austin EMAIL
Giddings, TX 78942-3299
INSURER(S)AFFORDING COVERAGE NAIC 0
979 542-3666 INSURER A: United Fire & Casualty Company 113021
INSURED
Design Welding & Fabrication, Inc
3300 FM 1660
Hutto, TX 78634
Texas Mutual Insurance
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO KL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCI=n RY PAIn rl AIIUR
INSR
T
TYPE OF INSURANCE
ADDLBUBR
POLICY NUMBER
POLI Y EFF
MMr o1YYY
POLICY EXP
Ori! Y_11
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
X PD Ded:500
85323252
1011712018
10/17/2019
EACH OCCURRENCE $11,000.000
ELATED $5(),000
MED EXP (Anyone rson) $5,000
PERSONAL & ADV INJURY $1.000,000
GEWL AGGREGATE LIMIT APPLIES PER
POLICY ERJ CT LOC
OTHER.
GENERAL AGGREGATE s2.000.000
PRODUCTS COMP'OP AGG S2,000,000
a
A
AUTOMOBILE LIABILITY
X ANY AUTO
OWNEDSCHEDULED
AUTOS ONLY AUTOS
ED NON -OWNED
X AUTOS ONLY X AUTOS ONLY
85323252
1011712018
10,17!201
COMBINED SINGLE LIMIT S11000,000
BODILY INJURY (Per person) S
BODILY INJURY (Per accidenl) $
PROPERTY DAMAGE S
a
A
X
UMBRELLA LIAR)(
EXCESS LIAR
OCCUR
CLAIMS -MADE
85323252
0.1712018
10+171201
EACH OCCURRENCE $1,000,000
AGGREGATE S1,000,000
DED X 0
B
WORKERS COMPENSATION
AND
AND EMPLOYERS' LIABILITY N
OFF CEWMEMBER EXCLUDED? ECUTIVE N
(Mandatory In NH)
"gasdescnba under
S belowE.L.
RIPTI N PERATION-ni
N , A
017/2018
10.'1712019
X PER OTH-
E. EACH ACCIDENT S1.000.000
E.L. DISEASE - EA EMPLOYEE $1.000.000
DISEASE POLICY LIMIT[$1,000,000
I
uesCRI"ON OF OPERATIONS! LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more apace Is required)
City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
221 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
Round Rock, TX 78664
AUTHORIZED REPRESENTATIVE
P
m' I.iVV. 1J A1rUnY VURrwrtAl lull. All ngnls reserves.
ACORD 25 (2016!03) 1 011 The ACORD name and logo are registered marks of ACORD
#S8001381M793832 532
City of Round Rock
s
RIAA5 Rack Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with Design Welding and Fabrication Inc.
for steel fabrication and erection of the Dell Diamond ticket windows.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/1/2019
Dept Director: Chad McDowell, General Services Director
Cost: $34,000.00
Indexes: Dell Diamond Capital Repair Fund
Attachments: LAF, Agreement
Department: General Services Department
Text of Legislative File CM -2019-0043
This project consists of moving an existing ticket window at the West side of the facility. Moving
ticket window to the exterior walls will aid in safer and easier flow of people in and out of the
ticket gates.
Cost. $34,000.00
Source of Funds: Dell Diamond Capital Repair Fund
Clty of Round Rock Page f Printed an 1/30/2019