CM-2024-094 - 3/22/2024CITY OF ROUND ROCK AGREEMENT FOR
KREBSBACH POOL SLIDE REPAIR PROJECT
WITH
PARTNERS, REMODELING RESTORATION AND WATERPROOFING, LLC
THE STATE OF TEXAS §
§
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS AGREEMENT for construction services for the Krebsbach Pool Slide
Repair Project, and for related goods (referred to rem a the "Agreement"), is made and
entered into on this the ay of the month of kw , 2024 by and between the CITY
OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at 221 East
Main Street, Round Rock, Texas 78664-5299 (referred to herein as "Owner" or "City"), and
Partners Remodeling Restoration and Waterproofing, LLC, whose address is 3219 Harpers Ferry
Lane, Austin, Texas 78745 (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 this Agreement, Scope of Work (referred to herein as
"Work" and attached as Exhibit "A" and incorporated herein by reference for all purposes), any
Modifications issued after the execution of this Agreement. These documents collectively 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.
ARTICLE 3: DATE OF COMMENCEMENT; DATE OF FINAL COMPLETION.
3.1 The date of the commencement of 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.
Agreement for Krebsbach Pool Slide Repair; 03.06.24 4858-4829-6107 v.l 4888-3798-5195 v, i
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3.2 Contractor shall receive Final Completion of the entire work no later than April 19, 2024
days from the Notice to Proceed. 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 in current funds for Contractor's
performance of the Contract. The Contract Sum shall be Forty -Eight Thousand and no/100
($4$,000.00) as set forth in Exhibit "B."
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 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 (101h) day of a month, Owner shall make payment to the Contractor
not later than the tenth (10') 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 Owner, 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 payment 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.
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.
6.2.8 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:
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.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 (1) year thereafter.
.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.
6.3
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.
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 liability 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
written by companies with A.M. Best ratings of B+V1I or better, except for
hazardous material insurance which shall be written by companies with A.M. Best
ratings of A- or better.
A 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
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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.
.121f 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 under 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 accident.
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.
6.3A 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.
c) Explosion, Collapse and Underground (X, C & U) coverage.
d) Independent Contractors coverage.
e) Aggregate limits of insurance per project, endorsement CG 2503.
f) 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
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 Contractor's representative is: Patsquinel Besa
3219 Harpers Ferry Lane
Austin, Texas 78745
Pbesaprrw@yahoo.com
(512) 297-7012
8.3 Neither Owner's representative nor Contractor's representative shall be changed without
ten (10) days' written notice to the other parry.
9.4 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.
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
9.1 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
10.1 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
11.1 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.
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ARTICLE 12: INDEMNIFICATION
12.1 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
13.1 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.
13.2 In accordance with Chapter 2271, Texas Government Code, a governmental entity may
not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this Agreement. The signatory executing this Agreement on behalf of
Contractor verifies that Contractor does not boycott Israel and will not boycott Israel during the
term of this Agreement.
13.3 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 No1100 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 Contractor verifies Contractor 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.
13.4 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 tern of this Agreement. The signatory executing this Agreement on
behalf of Contractor verifies Contractor does not boycott energy companies, and it will not
boycott energy companies during the term of this Agreement.
ARTICLE 14: ASSIGNMENT AND DELEGATION
14.1 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.
ARTICLE 15: NOTICES
15.1 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.
Notice to Contractor:
Patsquinel Besa
3219 Harpers Ferry Lane
Austin, Texas 78745
Pbesaprrw@yahoo.com
(512)297-7012
Notice to Owner:
Laurie Hadley, 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 Owner and Contractor.
ARTICLE 16: APPLICABLE LAW; ENFORCEMENT AND VENUE
16.1 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.
ARTICLE 17: DISPUTE RESOLUTION
17.1 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
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arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
ARTICLE 18: SEVERABILITY
18.1 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.
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
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 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.]
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IN WITNESS WHEREOF, Owner and Contractor have executed this Agreement on the
dates indicated.
City of Round Rock, Texas
r
By:
Printed Name: +z"-
Title: o, Q ro a —
Date Signed: ?L;P
For City, Approved as to Form:
By:
Step�ieLandre, Attorney
l4
Partners Remodeling Restoration and
Waterproofing, LLC
By: �
Printed Name:
Title: 14,w-►
Date Signed: lut
EXHIBIT A
SCOPE OF WORK
SECTION 01— GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Agreement apply to this Section.
1.02 PROJECT INFORMATION
A. Project Identification: Micki Krebsbach Pool Slide Tower Repair 2024
I. Project Location: 301 Deep Wood Dr., Round Rock, Texas 78681
S. Owner: City of Round Rock
1. Owner's Representative: Katie Baker, 301 W. Bagdad Ave., Suite 250,
Round Rock, Texas, 78664, (512) 341-3355
1.03 WORK COVERED BY THE CONTRACT DOCUMENTS
A. The base bid consists of the furnishing of all labor, materials, services, and
equipment required in conjunction with or properly incidental to the
construction of improvements to the Micki Krebsbach Slide Tower Repair
Project 2024, including but not limited to, removal of damaged tread pans,
structural steel welding, concrete instal I atlon, grinding, sanding and painting
steel.
1.04 ACCESS TO SITE
A. Use of Site: Limit use of Project site to work in areas indicated. Do not disturb
portions of Project site beyond areas in which the Work is indicated.
1. Limits: Confine construction operations to the areas indicated in the
Construction Documents.
2. Driveways, Walkways, and Entrances: Keep driveways, parking lots, and
entrances serving premises clear and available to Owner, Owner's
employees, public, and emergency vehicles at all times. Do not use
these areas for parking or storage of materials.
a. Schedule deliveries to minimize use of driveways and
entrances by construction operations
b. Schedule deliveries to minimize space and time
requirements for storage of materials and equipment on -
site.
1.05 COORDINATION WITH OCCUPANTS
A. Partial Owner Occupancy: Owner will occupy the premises as a swim team
practice site during entire construction period, with exception of the areas
under construction. Cooperate with Owner during construction operations to
minimize conflicts and facilitate Owner usage. Perform the Work so as not to
interfere with Owner's operations.
1. Maintain access to existing walkways, corridors, and other adjacent
occupied or used facilities not under construction. Do not close or
obstruct walkways, corridors, or other occupied or used facilities
without written permission from Owner and authorities having
jurisdiction.
Swim team hours are as follows:
a. Monday through Friday — 6:30am-10:30am
b. Monday through Friday—12:30pm-1:30pm
C. Monday through Friday — 4pm-8pm
3. Provide not less than 72 hours' notice to Owner of activities that will
affect Owner's operations.
1.06 SCHEDULE OF WORK
A. The Successful Bidder/Contractor agrees to begin work within the stipulated
time from the date on the Notice to Proceed.
B. The site will continue to operate as a public park and will serve as host to
several swim team practices and meets. As such, Contractor shall cooperate
with and schedule with Owner all construction schedules associated with the
Work in the Contract. See previous section for Swim Team schedules. No work
shall be performed on Saturdays due to scheduled swim meets, unless
previously approved by Owner.
1.07 DAMAGE TO EXISTING WATER SUPPLY OR POOL PUMP/FILTRATION SYSTEM
A. In the course of construction, should the Contractor be responsible for damage
to any portion of the existing water supply system or pool pump system, the
damage shall be immediately repaired or sections of the work replaced as
appropriate.
1. Within 24 hours of notification, any repairs, replacements, or
corrections of deficiencies in the described water or pump/filtration
systems (which are related to the Contractor's responsibilities) will be
immediately performed by the Contractor so that the Owner will not
experience damages, delays, or losses in efficiency in the ability to
maintain pool operations.
2. Should the Contractor fail to immediately perform appropriate repairs,
replacements, or corrections in the described systems, and thereby
causes the Owner to be unable to successfully maintain normal pool
operations, the Contractor shall be charged with the costs for work the
Owner must accomplish in order to successfully maintain normal pool
operations.
SECTION 02 — GALVANIZING PAINT SPECIFICATIONS
2.01 All metal panels and structural steel exposed shall be finished using a duplex
coating system of hot dip galvanized steel with a two -coat paint finish. All painting
shall be done in accordance to ASTM specification D6386 and D7803. ASTM D6386
details the process and procedures for preparing hot dip galvanized steel for
painting.
2.02 Samples of hot dip galvanized steel with proposed finish colors shall be submitted
to landscape architect for approval prior to construction. Finish paint sample shall
have dried for a minimum of seventy-two (72) hours prior to submitting to
landscape architect for approval.
2.03 Before painting hot dip galvanized steel, the contractor shall verify if the coating
was chromate quenched. Spot testing the galvanized steel according to ASTM
8201 shall be completed to determine the presence of chromate conversion
coatings. If a chromate coating is detected, the chromate layer must be removed,
either by brushing off by abrasive blast cleaning, abrading, or sanding.
2.04 Contractor shall slightly roughen hot dip galvanized steel and panels prior to
painting to improve paint adhesion. Contractor shall perform any/all necessary
surface profiling methods and surface preparation as described in ASTM D6386 to
properly prepare the surface for painting.
2.05 All damaged and field -welded galvanized metal surfaces shall be cleaned and
touched up. All touch up shall be completed by applying organic zinc repair paint
complying with requirements of ASTM A780, modified to 95 percent zinc in dry
film. Galvanizing repair paint shall have 95 percent zinc by weight. Thickness of
applied galvanizing repair paint shall be not less than coating thickness required by
ASTM A123 or A153 as applicable. Touch-up of galvanized surfaces with silver
paint, Brite paint, or aluminum paints is not acceptable.
2.06 Contractor shall submit paint specifications and paint manufacturers test results
regarding suitability, continuity and adhesion to hot dip galvanized steel to
structural engineer and landscape architect for approval prior to construction. If
structural engineer or landscape architect are not satisfied with the paint
manufacturer selected, contractor shall provide another manufacturer for
approval. Contractor shall be allowed to submit a change request for additional
cost related to using a different paint manufacturer if original paint manufacturer
did not meet the paint specifications and test results for suitability, continuity,
adhesion and use of paint on hot dip galvanized steel.
2.07 When painting, contractor shall apply first coat or "tie coat" that is fully compatible
with a zinc surface to create a duplex paint system and interface between the
galvanized steel and the top coat.
2.08 All metal panels and structural steel not exposed shall be primed/painted to
prevent rust & corrosion per ASTM p 6386 without finish paint coat.
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P0—
UND ROCKTEXAS
RFCdt: 1 KB02132024
Exhibit "B"
City of Round Rock, Texas
Request for Quote
r-1WMMWW%M1.gw Slide Tower Repairs 2024
Description:
Date Issued: 02/13/2024 Quote Due By l 02/29/2024 by 3:00 PM
J Dateri ime
City Contact Name: Katie Baker Contact Phone 0 512-341-3355
'Email Address: kbaker(&roundrocktexas.gov Department Name PARD
Delivery Address:�Iicki Krebsbach Pool, 301 Deep Wood Dr., Round Rock 78681
This is a Request for Quote and not an order.
Submit a com lete and signed ciuote 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
hypedink: https://www.roundrocktexas.govidenartments/ourchasingl
• The City reserves the right to determine "or equal" status. Quotes may be withdrawn 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. hftps://roundrocktxvendors.munisseffservice.com/default.aspx
• The City is exempt from Federal Excise and State Sales Tax; so, 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.
• If there is a conflict between the unit price and extended price, the unit price will takeprecedence.
• All Construction shall adhere to the City of Round Rock Design and Construction Standards located at:
httgs alwww.roundrocktexas.aovlci tv-denartmentsltransnQrtatio n/traffac-ogerabonsldesign-and-construction-
standardsl
• After award recommendation, contractor shall be required to sign an agreement similar to the attached, as well
as to provide the appropriate bonds and certificates of insurance as outlined in the agreement.
• A building permit and associated inspections will be required. All permit and inspection fees will be waived.
• Contractors are encouraged to visit the site prior to submitting a bid to verify measurements, quantities,
existing conditions, etc. The pool is typically locked to outside visitors during non -operating hours;
however, the City will provide the opportunity for prospective bidders to visit the site on Wednesday,
February 21, 2024 from 2:30pm-3:30pm.
• Additional Plans and Specifications attached.
Item
#
Item Description
Quantity
Unit Type
Unit Price
Extended
Price
1.
Surface Preparation, Fabrication,
1
LS
$48,000
and Installation of stair treads and
slide tower deck per attached
Scope of Work and Drawings.
Total Quote
$ 48,000
IIPaBe
Exhibit "B"
City of Round Rock, Texas
Request for Quote
Vendor Contact information and Signature
Partners Remodeling Restoration and Waterproofing LLC
Vendor Name:
Patsquinel Besa
Name of Sales Contact:
Authorized Signature:
Date:
2/29/2024
Pbesaprrw@yahoo.com
Email Address:
512-297-7032
Phone Number:
21Page