CM-2019-0378 - 12/6/2019CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF PLAY EQUIPMENT
AT MESA VILLAGE PARK
WITH
THE PLAYWELL GROUP, INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS AGREEMENT for the purchase of play equipment at Mesa Village Park,
and for related g ods and services (referred to erein as the "Agreement"), is made and entered
into on this the �y of the month of , 2019 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 the "City"), and The
PlayWell Group, Inc., whose offices are located at 203A State Highway 46 East, Boerne, Texas
86006 (referred to herein as "Vendor").
RECITALS:
WHEREAS, City desires to purchase certain deliverables, specifically play equipment at
Mesa Village Park, and City desires to procure same from Vendor; and
WHEREAS, City is a member of the Buy Board Cooperative Purchasing Program (`-Buy
Board") and Vendor is an approved Buy Board vendor; and
WHEREAS, City desires to purchase of certain goods and services from Vendor through
Buy Board Contract No. 592-19 as set forth herein; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, TI IEREI.ORE, WITNESSETH:
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:
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4.01 SCOPE OF WORK
Vendor shall satisfactorily provide all goods and complete all services described in
Vendor's Proposal, Exhibit "A," attached hereto and incorporated herein.
This Agreement shall evidence the entire understanding and agreement between the
parties and shall supersede any prior proposals, correspondence or discussions.
Vendor shall satisfactorily provide all deliverables and services described in Exhibit "A"
within the contract term specified. A change in the Scope of Services must be negotiated and
agreed to in all relevant details. and must be embodied in a valid Supplemental Agreement as
described herein.
5.01 CONTRACT AMOUNT
In consideration for the deliverables and services related to the deliverables, the City
agrees to pay Vendor Ninety -Seven Thousand Seven Hundred Eighty and 111100 Dollars
($97,780.11) for the goods and services set forth in Exhibit "A."
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.0I 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 Oscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the Oscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then current Oscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables. or within thirty (30) days of the day on
which the perforrnancc of services was complete, or within thirty (30) days of the day on which
Katie Baker
Park Development Manager
City of Round Rock
301 W. Bagdad Avenue, Suite 250
Round Rock, Texas 78664
13.01 INSURANCE
Vendor shall meet all City of Round Rock Insurance Requirements set forth at insurance
requirements as required by the City's Purchasing Department as set forth at:
httn:/h",vw.rotuldrocl.texas.4,o%-.'wn-content unloads?201-l.' 12!corn insurance 07.201 12.pd1�
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other 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 ofthis Agreement.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully, timely and faithfully perform any of its material obligations
tinder this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein: or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION ANIS SUSPENSION
A. City 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 Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause. upon ten (10) days' written notice to Vendor.
written verification from the company that it: (1) does not boycott Israel; and (2) and will not
boycott Israel during the term of the contract. The signatory executing this Agreement on behalf
of Vendor verifies that Vendor does not boycott Israel and will not boycott Israel during the term
of this Agreement.
19.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
The I layWell Group, Inc.
203A State Highway 46 East
Boerne, TX 78006
Notice to City:
City Manager
221 East Main Street AND TO:
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all ol'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.
7
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 WI IERFOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Ijock, Texas
Printed N
Title: Ir
Date Signed:
Attest. ,,,
BY'
For City, roved as to Form:
By: —
Stephan . Sheets,*City Attorney
D
W-yWa11Grcup,lnc.
Athletic, Park, and Playground Equipment
5ztvingCoforadojaxas, Now Mexico, Oklahoma, and Arkansas zince 1968
BILL TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX 78664
Phone: (512) 341-3355
www.playwellgroup.com
800.726-1816
505.296-8900 (fax)
SHIP TO:
QUOTATION
QUOTE # 1013012019
14382
City of Round Rock -Mesa Village Park
TA Masonry -Theodore Alvarado
3706 Mountain View Avenue
Austin, TX 78734
Phone: (512) 633-5431
CUST. PO #
TERMS
SALES REP
COUNTY
QUOTE EXPIRATION
NET 30
CES
WILLIAMSON
11/27/2019
ITEM
DESCRIPTION
QTY
LIST PRICE
DISC. PRICE
TOTAL
BUY #592-19
BUYBOARD CONTRACT #592-19 EXPIRES 09130/2020
1
0.00
0.00
0.00
PLAYCRAFT
PC -2015
DISC SWING
1
5219.80
4,802.22
4,802.22
PC -2472
SPIN MAX, ORBIT
1
19845.00
18,257.40
18,257.40
R507D941A
R5 CUSTOM PLAY SYSTEM
1
17185.77
15,810.91
15,810.91
NF573589A
R5 CUSTOM PLAY SYSTEM
1
52120.91
47,951.24
47,951.24
SHIP
SHIPPING AND HANDLING
1
5560.04
5,560.04
5,560.04
GWG
FIBER GWG WOO...
ENGINEERED WOOD FIBER
1
3292.80
3,128.15
3,126.16
SHIP
SHIPPING AND HANDLING
1
2270.14
2,270.14
2,270.14
QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written
approvals and/or depasit. Please email or fax all pages.
PLEASE REMIT YOUR DEPOSIT TO:
SUBTOTAL $97,780.11
THE PLAYWELL GROUP, INC.
203A STATE HIGHWAY 46 EAST
SALES TAX (0.0%) $0.00
BOERNE, TX 78006
Date Signature
TOTAL $97,780.11
City of Round Rock
ROUNO ROCK
XAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with The Playwell Group, Inc. for the
purchase of play equipment for Mesa Village Park.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/6/2019
Dept Director: Rick Atkins, Director
Cost: $97,780.11
Indexes: General Self -Financed Construction; Parks Improvement & Acquisition Fund
Attachments. Mesa Village Agreement - PlayWell (signed), Est-14382-PlayWell, tAF -
Mesa Village - The Playwell Group
Department: Parks and Recreation Department
Text of Legislative File CM -2019-0378
This item will authorize the City Manager to execute an Agreement with The PlayWell Group,
Inc. for the purchase of new playground equipment for Mesa Village Park.
This Agreement includes new playground equipment and safety surfacing to replace the
existing equipment and surfacing that has reached the end of its useful life at Mesa Village
Park.
Cost. $97,780.11
Source of Funds: General Self -Financed Construction, Parks Improvement &
Acquisition Fund
City of Round Rock Page 1 Printed on 42/512019