R-2014-1615 - 7/24/2014RESOLUTION NO. R-2014-1615
WHEREAS, the City of Round Rock ("City") desires to purchase and install a prefabricated
restroom facility for the Veterans Park Improvements Project, and
WHEREAS, the City is a member of the Texas Government Statewide Purchasing
Cooperative ("Buy Board"), and
WHEREAS, Restroom Facilities, Ltd. is an approved vendor of the Buy Board, and
WHEREAS, the City wishes to issue a purchase order to Restroom Facilities, Ltd., Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Manager is hereby authorized and directed to issue a purchase order to Restroom
Facilities, Ltd. to purchase and install a prefabricated restroom facility for the Veterans Park
Improvements Project.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 24th day of July, 2014.
ATTEST:
SARA . WHITE, City Clerk
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TURNKEY QUOTATION
PROJECT NAME: Veteran's Park - Round Rock, Texas
OWNER: City of Round Rock, Texas
DATE: July 16, 2014
Restroom Facilities Limited (RFL), the Nation's leading specialized restroom design/build firm
since 1988, offers to furnish and install, per plans and specifications, subject to our attached
Scope of Work, and the Standard Terms and Conditions of Sale, which become part of our offer
to sell.
BUYBOARD CONTRACT 423-13
RFL BASE MODEL #13202
INSTALL
TOTAL NTH BUYBOARD DISCOUNT @
FREIGHT AND CRANE @
TOTAL BUYBOARD W/ FREIGHT AND CRANE @
$ 75,500.00
S 4.500.00
$ 80,000.00
$ 3,000.00
$ 83,000.00
Note: You must itemize your purchasing document as shown in this quote.
Payment terms: 25% upon submittal of drawings for Client review; 65% in progress billings
during construction; and balance of 10% upon completion of delivery and installation, no
retention. Payment of 90% must be received by RFL prior to scheduling of delivery and
installation. Thank you for considering RFL as your restroom specialist for this project.
HOW WE WORK
Once plans have been approved and engineer stamped, the manufacturing process begins.
Typically, the construction time frame is 90-120 days. In -plant inspection reports and
certifications will be provided by an independent inspection agency. The client must prepare the
site in accordance with the "Scope of Work by General" attached and coordinate any required on
site inspections. After the site prep has been completed, our crew arrives to perform the
installation. They will verify elevation, offsets, location, and access.
Exclusions:
A. Sidewalks beyond building slab.
B. Site issues beyond the control of RFL.
C. Damage to existing improvements.
D. Protection of existing utilities, landscaping, and improvements.
E. Required footings labor and materials to be provided by others.
initial Initial Page 1 of 7
1707 Colt Circle, Marble Fags, Texas 78654 a Phone: 512.222.5454 a www.restroomfacilities.com
GENERAL'S SCOPE OF WORK
TURNKEY INSTALLATION OF RESTROOM BUILDING WITH ATTACHED SLAB
1. SURVEY STAKES:
Provide ten foot offset stakes and locate front corners of building, existing utilities, and
inverts within the area of construction. Locate and mark final slab elevation.
2. SUBGRADE PAD:
Preparing the site is fairly simple. Detailed instructions to prepare the building site are as
follows:
2.1. Excavate down ten inches below the finish floor elevation (the slab is eight inches
thick on top of a two inch sand bed).
2.2. If soils are poor, it may be necessary to import six inches of Class II base rock,
and pour for a footing and/or piers. (This is not necessary if native soils will
compact)
2.3. Compact to 95%, or to local code requirement.
2.4. Compact one foot over in all directions (over build).
2.5. Supply approximately five cubic yards of clean sand, on side of site, for fine
grading.
2.6. Excavate and backfill trenches up to and within building pad for RFL supplied
underground utility service kits.
2.7. Provide water and inspection for RFL supplied underground sewer kit.
2.8. Depending on weather, all irrigation should be turned off prior to delivery to allow
the surrounding soils to dry and bear the weight of the truck and crane.
2.9. Check corner locations against plans for proper sizing.
2.10. Verify finish floor elevation for concrete slab (shipped fully attached to the
building.)
2.11. Excavate one foot perimeter footing if required by local code to specified depth.
3. SITE ACCESS AND STORAGE:
Provide suitable safe clear access to allow a crane (up to 110 tons), and the building on a
semi -trailer (up to 40 tons) to reach site (14' width, 70' length, and 14' in height). If path to
site is over existing utilities, sidewalks, or other damageable areas, proper marking,
plating or other appropriate protection must be provided by GENERAL. GENERAL is
responsible for removing any overhead obstructions (i.e. power lines, trees). This
proposal provides for a 110 ton crane with access to within 25' of the building pad. The
proposal is based on four (4) hours of crane time. If access is limited a larger crane may
be required. All additional crane costs shall be borne by the GENERAL. A direct route to
the project site is assumed. Should routes be altered due to road closures or
restrictions, additional fees may apply.
Initial Initial Page 2 of 7
1707 Colt Circle, Marble Falls, Texas 78654 o Phone: 512.222.5454 . www.restroomfacflities.com
4. UTILITIES:
Bring water, sewer, and power (if applicable) utilities into point of connection Christy
boxes (supplied by RFL), within six feet of the building line at the location shown on our
plan.
4.1. Water: RFL will furnish and install a water point of connection (isolation valve),
from mechanical chase to a Christy box six feet from the building line. GENERAL
must connect service to valve.
4.2. Sewer: RFL will furnish and install a sewer point of connection from mechanical
chase to a Christy box six feet from the building line. GENERAL must connect
service.
4.3. Electrical: (when this option is chosen) RFL will furnish and install a PVC conduit
and a Christy box to the point of connection six feet from the building line.
GENERAL to pull the electrical service line through the conduit and connect to the
main panel lugs inside the building. All electrical inside the building will be
furnished and installed by RFL, except as noted above in exclusions.
4.4. If the utilities are not available when we depart the site, testing and minor leaks will
be the responsibility of the GENERAL.
4.5. A minimum 1Y2" line with 25 gpm at 60 psi pressure minimum is required to
ensure that water closets will operate as designed. If this is not available an
auxiliary holding tank may be required.
5. SPECIAL CONDITIONS AND COSTS:
If specifications by owner require any testing or special inspections, costs, if any, shall be
borne by GENERAL.
6. PERMITS AND FEES:
All building permits and fees shall be borne by GENERAL.
7. INSPECTIONS:
It is very important that the GENERAL understand that our costs are based upon fast
track construction and that delays for inspection are an impediment to the timely
completion of the project. We seek the full cooperation of the GENERAL and local
building officials or project inspectors in accomplishing this end. We require that all
inspections be scheduled with adequate notice to ensure that the underground plumbing
and electrical work is approved prior to placement of building. We require that final
inspection and acceptance by owner and building officials be performed immediately
following RFL's completion of installation. We also require final inspection and
acceptance immediately following RFL's conclusion of any correction items.
8. SITE CLEANUP AND DEBRIS REMOVAL:
GENERAL shall provide an on-site trash bin for disposal of one pick up load of debris. All
excess spoils shall be responsibility of GENERAL. All rough and final grading shall be by
GENERAL.
Initial Initial Page 3 of 7
1707 Colt Circle, Marble Fails, Texas 78654 o Phone: 512.222.5454 • www.restroomfacirities.com
9. SOILS INFORMATION:
Even though the building department may not require an official soils report, it is always a
good idea to obtain one. Our slab requires a minimum allowable soil bearing pressure of
1,000 psf. This value needs to be confirmed, on site, by the owner, or through the
owner's contractor, and not by RFL. The need to obtain a soils report is only a
recommendation by RFL. Ultimately, it is up to the owner and the local jurisdiction to
decide whether or not to pursue evaluating the soils beyond the generally conservative
assumptions given in current applicable codes.
STANDARD TERMS AND CONDITIONS OF SALE
1. LINKAGE:
These Terms and Conditions of Sale shall apply and form a part of the Company's Offer
to Sell and supersede all other expressed or implied terms and be linked to our
Agreement for work whether or not signed by the Purchaser.
2. ACCEPTANCE:
Unless otherwise expressly stated herein, the Company's Offer supersedes all previous
quotations and expires, unless accepted by purchaser, within thirty (30) days from date
of Offer. None of the Terms and Conditions contained in this quotation may be added to,
modified, superseded or otherwise altered except by a written instrument signed by the
President of the Company. Each shipment to buyer from the Company shall be deemed
to be only under these Terms and Conditions of Sale, which shall become part of our
Offer to Sell, notwithstanding any Terms and Conditions that may be contained in any
purchase order or other form of the buyer, notwithstanding the shipment, acceptance of
payment or similar act of the Company. All Purchase Orders when accepted by the
Company at 1707 Colt Circle, Marble Falls, Texas 78654, will be in accordance with the
Laws of the State of Texas. All orders are subject to review by the Company in
accordance with the Company's Offer to Sell before final acceptance is authorized. All
disputes shall be governed by applicable Texas Law and all claims shall be fled and
litigated in Burnet County, Texas, with the prevailing party recovering attorney's fees.
3. PRICES:
Sales tax is not required provided the structure is installed by RFL. All Use taxes, and
applicable in plant taxes, permits and fees are paid for by RFL. 9 payment is not made
by client in accordance with the Contract Terms, interest will be charged at the rate of
1-112% (one and one/half percent) per month until paid. If an order is accepted by the
Company, and a delivery date is accepted by the Client, and delivery is delayed by the
Client, payment of all but 10% is due upon completion at the Point of Manufacture. A
1-1/2% (one and one/half percent) per month added fee shall be due for each month the
shipment is delayed.
Initial Initial Page 4 of 7
1707 Colt Circle, Marble Falls, Texas 78654 • Phone: 512.222.5454 o www.restroomfacilities.com
4. TERMINATION:
Purchaser shall be responsible for costs of work performed which will include overhead
and profit. Contract may not be cancelled once production has commenced.
5. TITLE AND LIEN RIGHTS:
All Products remain the personal property of the Company, whether or not affixed to any
other real property or structure, until the price (including any notes given therefore) of the
equipment has been fully paid in cash. The Company shall, in the event of the
purchaser's default, have the right to enter upon any premises and repossess such
structures and equipment wherever it may be located.
6. LACHES:
Failure of the Company to exercise any right or remedy under this contract shall not be
deemed a waiver of such right, nor shall any lien or other right of the Company be lost or
impaired by laches or in any manner or by any act or failure to act.
7. LIMITATION OF LIABILITY:
Under no circumstances, unless stated in our Offer to Sell or bid, shall the Company
have any liability for liquidated damages, for collateral, consequential special damages,
loss of profits, loss of production, delay in the progress of construction, whether resulting
from delays in delivery, performance, breach of warranty, due to lack of timely
performance in reviewing and approving shop drawings, completing site preparation or
lack of payment in accordance with the terms set forth herein. The aggregate total
liability of the Company under the contract, whether for breach of warranty or otherwise
shall in no event exceed the contract price. Buyer agrees to indemnity and holds
harmless the Company from all claims by third parties which extend beyond the
foregoing limitations on the Company's liability.
8. DELIVERY:
Except as may be otherwise specified in the attached Offer, delivery will be F.O.B. point
of manufacture. Time of delivery is an estimate only. The Company shall in no event be
liable for delays caused by fires, acts of God, strikes, labor difficulties, acts of
Government or military, delays in transportation or procurement of materials or causes of
any kind beyond the Company's immediate control. If shipment arrives and site is not
ready, Owner shall pay any off-site storage fees as applicable.
9. WARRANTY:
All Products produced by the company are warranted to the purchaser to be free from
defects in material, workmanship and title. The Company will replace or repair, at its
option, defects in workmanship or any part which is proven defective within one year from
delivery. This warranty applies only where the Company has been notified in writing of
the defect within the warranty period and where any equipment has been properly
operated and maintained in accordance with the Company's instructions: the Company
Initial Initial Page 5 of 7
1707 Coit Circle, Marble Falls, Texas 78654 o Phone: 512.222.5454 o www.restroomfacilties.com
having no responsibility for abuse, neglect or improper storage. Should any issues arise
where additional work must be performed RFL retains the right to perform this work at
the earliest opportunity. Should it be necessary to have this work performed by others
due to the nature of the work or a conflict in scheduling, RFL must be notified 48 hours in
advance in writing and given the opportunity to perform said work. Should it be
necessary to have this work performed by others a written estimate must be approved by
RFL in advance of any work being undertaken. The Company assigns any and all
warranties for fixtures, appliances, and other equipment manufactured by others to said
other manufacturer. Due to its nature, concrete is prone to settling and cracking. Mnor
cracking in the concrete is normal and is not the responsibility of RFL. We use high
quality 304 stainless steel in our products and under certain conditions and/or improper
maintenance stainless steel may rust. Minor rust spots or discoloration are not the
responsibility of RFL. The foregoing shall constitute the said liability of the Company and
the sole remedy to the purchaser. Company's warranties as set forth in this paragraph
are exclusive and are in lieu of, and purchaser hereby waives all other warranties,
expressed or implied, including without limitation, any implied warranties or
merchantability and fitness. This warranty shall be void if payment in full for the project is
not received by the Company in accordance with these Terms and Conditions of Sale.
10. CREDIT:
(Deposit and Progress Payments)
11. MUNICIPAL AND FEDERAL GOVERNMENT AGENCIES:
Orders may require deposits or progress payments. If buyer's financial situation justifies
such action, the Company may at its election require payment in advance or cancel the
order as to any unshipped item and require payment of its reasonable cancellation
charges. If the buyer delays completion of manufacture or a delay in shipment, the
Company shall require payment according to the percentage of completion. In the event
of the default of the buyer, the Company is entitled to the full amount due including
reasonable attorneys fees, costs, storage, expenses of physical recovery, and interest at
1-1/2% (one and one/half percent) per month.
12. GENERAL CONTRACTORS AND NON-GOVERNMENT AGENCIES:
Orders may require deposits or advance payment as well as progress payments subject
to the buyer's credit worthiness in accordance with the Company's applicable credit
policies. Breach of any payment terms shall accelerate full payment which shall be due
the balance of the contract amount including change orders.
initial initial Page 6 of 7
1707 Coit Circle, Marble Falls, Texas 78654 • Phone: 512.222.5454 . www.restroomfacilities.com
Restroom Facilities Limited
Howard Worthing, President Date
Client Name
Name and Title
Date
initial Initial Page 7 of 7
1707 Colt Circle, Marble Fails, Texas 78654 o Phone: 512.222.5454 o www.restroomfacillies.com