CM-2023-176 - 8/4/2023CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE AND INSTALLATION OF
BULLPEN SHADE CANOPIES AT DELL DIAMOND
WITH
SUPERIOR STEELWORX
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
This Agreement is for the purchase and installation of bullpen shade canopies at Dell
Diamond Baseball Park, andkX—AS,
ferred to herein as the "Agreement." This Agreement is made
and entered into on this theday of the month of A 2023, by and between the
CITY OF ROUND ROCK, a home -rule municipalityhose offices are located at 221
East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and SUPERIOR
STEELWORX, whose offices are located at 2234 East Hammond Drive, referred to herein as
"Services Provider." This Agreement supersedes and replaces any previous agreement between
the named parties, whether oral or written, and whether or not established by custom and
practice.
RECITALS:
WHEREAS, City desires to purchase bullpen shade canopies for the Dell Diamond
Baseball Park;
WHEREAS, City issued a Request for Quote and has determined that Services Provider
is the lowest responsible bidder; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.0 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City agrees to obtain specified goods and services and Services Provider is obligated
to provide specified goods and services. This Agreement includes any exhibits, addenda, and/or
amendments thereto.
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. Goods and Services mean the specified supplies, materials, commodities, or
equipment, and any related services to be provided.
E. Services Provider means Superior Steelworx, or any successors or assigns.
2.0 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. This Agreement shall expire upon successful completion of the services set forth
herein.
3.0 SCOPE OF WORK
A. The goods and related services which are the subject matter of this Agreement are
described generally in the attached Exhibit "A."
B. This Agreement shall evidence the entire understanding and agreement between
the parties and shall supersede any prior proposals, correspondence or discussions.
C. A change in the Scope of Services or any term of this Agreement must be
negotiated and agreed to in all relevant details, and must be embodied in a valid Supplemental
Agreement as described herein.
4.0 COSTS
A. City agrees to pay for goods and related services during the term of this
Agreement at the pricing set forth in Exhibit "A."
B. The City shall is authorized to pay the Services Provider an amount not -to -
exceed Thirty -Nine Thousand Nine Hundred Fifty and No/100 Dollars ($39,950.00) for the
term of this Agreement.
5.0 INVOICES
All invoices shall include, at a minimum, the following information:
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Name and address of Services Provider;
2. Purchase Order Number;
Description and quantity of items received; and
4. Delivery dates.
6.0 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may affect such termination by
giving Services Provider a written notice of termination at the end of its then -current fiscal year.
7.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Services Provider will be made within thirty (30) days of the date City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. 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 with
V.T.C.A., Texas Government Code, Section 2251.025(b), This Prompt Payment Policy does not
apply to payments made by City in the event:
1, There is a bona fide dispute between City and Services Provider, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
2. 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
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
8.0 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.
9.0 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
10.0 INSURANCE
Services Provider shall meet all City of Round Rock insurance requirements set forth at:
http- :`w w.roundrocktexas.P-ov.` ja-conte!)! u Alas/2014/l2r'corr ins ewge, 07.20112. df,
11.0 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Brian Stillman
221 East Main Street
Round Rock, TX 78664
(512)218-6607
bstillman Rroundrocktexas.ggy
12.0 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City
acquiring the specified goods elsewhere.
Services Provider shall be declared in default of this Agreement if it does any of the
following and fails to cure the issue within thirty (30) days of receipt of written notice:
A. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
B. Becomes insolvent or seeks relief under the bankruptcy laws of the United States,
and is unable to perform its material obligations under the Agreement.
13.0 TERMINATION AND SUSPENSION
A. In the event of any uncured default by either party, the non -defaulting party has
the right to terminate the affected portions of this Agreement for cause, upon ten (10) days'
written notice to the defaulting party following the cure period.
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B. In the event the City terminates under this section, the following shall apply:
Upon the effective date of the termination, Services Provider shall discontinue performance of
the affected provision of goods and/or services. The City shall be responsible only for amounts
due and owing up to the date of termination.
14.0 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 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 Services Provider verifies Services Provider does not boycott Israel and
will not boycott Israel during the term of this Agreement.
15.0 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
16.0 NOTICES
A. 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 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 Services Provider:
Superior Steelworx
2234 East Hammond
Porter, Texas 77365
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
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B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
17.0 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.
18.0 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.
19.0 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.
20.0 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.
21.0 MISCELLANEOUS PROVISIONS
A. 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.
B. Time is of the Essence. The parties agree that, from time to time, certain unique
transactions may have special requirements relative to timing and, accordingly, the parties will
identify those transactions and exercise best efforts to accomplish those transactions within the
stated timeframe. Other timing requirements will be met in a commercially reasonable manner.
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Where damage is caused to City due to Services Provider's failure to perform in the special
timing requirement circumstances, City may pursue any remedy available without waiver of any
of City's additional legal rights or remedies.
C. Binding Agreement. This Agreement shall extend to and be binding upon and
inure to the benefit of the parties' respective heirs, executors, administrators, successors and
assigns.
D. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, any one of which shall be considered an original of this document; and all of
which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement
on the dates indicated.
Superior
By:
Printed Name:
Title: _— f Q VvA 1 Y c
Date Signed: - r ^ T
City of Round Rock, Texas
For City, Attest:
By: Q—WZ4L:LaA�MkL—
Meagrn-4�, City Cleric -DffUs
For City, Approved as to Form:
By:
Stephanie L. Sandre, City Attorney
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Exhibit "A"
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Exhibit "A"
ROUND.RGCK TEXAS
BS-2023.05-08
City of Round Rock, Texas
Request for Quote
a.Dat$ Is'l�it d: ; '•,�" 06/0812023 s" "'rfn,,yb 05i1$12033 6:00 p m
ram. r sjswu:,]N:r.Y.e .tiv �:a. 1rS�ia :r.
:AMRa t iBrian Stillman + f i # q $ 512 21"607
.w�, f. ^rf:x-�r� Sports Management and
''ress: ; bstiliman@roundrocktexas.gov : ,� 0 Yi
Tourism
�. Deli Diamond. 3400 E Palm Valley Blvd. Round Rods, TX TOM �
Instructions for Respondents- to this Request lbw Quote j$EQ
This Is a Request for Quote and not an order.
Su
Project Description: The City of Round Rock is seeking quotes for the installation of bullpen shade canopies at the Dell
Diamond.
Scope of Service Requested:
The following materials and quantities are listed In this proposal as suggestion only. It will he the msnensibility of each
bidding contractor 99_take their own measurements and gM2ple soeMc materials within their final au^te.
Scope of work to Include installation of (2) shade canopies with the following specifications:
• Visitor Bullpen Canopy: 13' Long x 22' Deep = 286 sq ft
• Home Bullpen Canopy: 35' Long x 22' Deep = 770 sq ft
o Canoples to be: Single Post Seml Cantilever design
o Structural Material to be: Powder Coated steel
• Wind Speed Rating: 105 MPH
• Roof Uve Load: 20 PSF
• Clear Height: 7' 6"
" Columns: IV x4" HS5Tube
• Ratters: C 1V x 2.5"
• Beams: C IV x 25"
■ Roofing Material: 26 Gauge 7.2 Panel — Color
• Trim: L62V —Color
o Required Footings, Concrete, Saw &tdng, and Project Drawings to be Included within project total.
o Necessary permits will be handled outside of the project by the City of Round Rock.
This bid is to Include all installation, as well as any necessary demo and disposal of demo materials.
In the event the awarded contractor makes an error In their estimation/measurements/pr cJng, it will remain the
responsibility of that contractor to complete the project In full at the total price as listed on the submitted quote.
ProjectTimellne: After award of contract/PO, the selected contractor wnI be required to deliver and Install the above
listed materials within six weeks.
Form Revised November 2017 11 P a g e
rr
Exhibit "A"
'`� `^ ' ;s{,.• jce"cam: Dell Diarnond Bull n Shade
BS-2023.05-08 ,;
dn.. k,. Canopies
■ JI r. M� E is :. N t • :Li 11 t„= fY �t : , f = �: l� 1� �� ,Mr,N . . ■ „■ �:
• The City of Round Rock Standard Terms and Conditions and Insurance Requirements are hereby
Incorporated Into this Request for Quote by reference, with the some 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:
• The City reserves the right to detenrdne Nw equal' status. Quotes may be withdrawn at any time prior to the
official dosing by written nodQcation. 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: httus://mundnxk.rnunWoeMservice,ggaiMnogrsM etault.aeox.
• 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 orwhde, any quote submitted and to waive any minor
technicalities that are in the best Interest of the City.
• If there Is a conflict between the unit price and extended price, the unit price will take precedence.
• Questions: All questions regarding RFQ No. B8-2023-05.08, must be submitted In writing to the City of Round
Sports Management and Tourism Department to the attention of Brian Stlilman, by Wednesday, 5117/23. (a
5:00 p.m. at: bstllman@roundmddexas.gov
-Item#
. '' Item Degcriptlon
� Quantity'
Unit of
� "Measure
� -Unit .l7rice �.
P•
f .
Dell Diamond Bullpen Shade
Canopies
1
Lot
$ 39. 92
$ 39, 95e
Vendor Contact lnbrmagon and Signature
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SUPERIOR STEELWORX
,�"�!�1.}��i��,w�'.'ik�;�•Y.ti�•i7�ti,',.'r {
KENNY TITTEL
AMR ARIPRW
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`bits:::
5/15/2023
KENNY UPERIORSTEELWORX. COM
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(281) 577-4966
Form Revised November 2017 21 Page
i- !
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with Superior Steelworx for the purchase and
installation of bullpen shade canopies at Dell Diamond.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/4/2023
Dept Director: Chad McKenzie - Director Sports Management
Cost: $39,950.00
Indexes: Dell Diamond Capital Improvement Fund
Attachments: LAF - Agreement with Superior Steelworx, Superior Steelworx, Signed Contract
Department: Sports Management & Tourism
Text of Legislative File CM-2023-176
Superior Steelworx will fabricate and install bullpen shade canopies at Dell Diamond. This agreement is
being awarded via RFQ 4BS-2023-05-08.
Cost: $39,950.00
Source of Funds: Dell Diamond Capital Improvement Fund
City of Round Rock Page 1 of 1