CM-2019-0377 - 12/6/2019CITY OF ROUND ROCK AGREEMENT FOR
INSTALLATION OF PLAY EQUIPMENT
AT MESA VILLAGE PARK
WITH
PLAYWORKS. INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
TI IAT THIS AGREEMENT for the installation of play equipment and the demolition
and removal of existing equipment at Mesa Village Park, and for related g ds d services
(referred to horein as the "A reement" ). 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 PlayWorks. 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 services, specifically installation of play
equipment and the demolition and removal of existing equipment at Mesa Village Park, and City
desires to procure same from Vendor; and
WI IEREAS, City is a member of the Buy Board Cooperative Purchasing Program ("Buy
Board") and Vendor is an approved Buy Board vendor; and
Wl IEREAS, 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, THEREFORE, 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 agrced between the parties as follows:
00435381Iss2
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 Forty -Five Thousand Three hundred Twenty -Three and 151100
Dollars ($45,323.15) 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.
7.01 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 effect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal 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 performance 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:/hvNvw.roundrocl:texas.,--ov/%vn-coiitent/uploads/201 4/ l 2/corr_insurance_07.201 12.12ol'
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 of this 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
under 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 AND 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 ofthe contract. The signatory executing this Agreement on behalf
of Vendor verities that Vendor does not boycott Israel and will not boycott Israel during the term
of this Agreement.
I9.01 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:
PlayWorks, Inc.
203A State Highway 46 East
Boerne, TX 78006
Notice to City:
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
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.0I 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.
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 WHEREON, City and Vendor have executed this Agreement on the dates
indicated.
City of Round &bele, Texas
By: G
Printed Njargi
Title:
Date Signed:
Attest:
k
V
By:
For City, AV, Aroved as toTbrm:
L
By: _JU
.c 4
Stephan qSheets, City Attorney
?ia www.playwellgroup,com INSTALLATION QUOTE
r800-726-1816
QUOTE #
rwo PlayWarM,, lne. 505.296-8900 (fax) 11118/2019
Athletle, Park, and Playground Equipment 5879
Swing [olCrq"ITCiaa_ Nm. 81991c% Oh4hnma, and Arhan u, ■h.rn 19aa
BILL TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX 78664
Phone: (512) 218-5547
CUST.PO# I TERMS
NET 30
ITEM
INSTALLATION SITE:
City of Round Rack -Mesa Village Park
Rachel Morris
1401 Georgetown Street
Round Rock, TX 78664
�� Phone:
SALES REP
CES
DESCRIPTION
COUNTY QUOTE EXPIRATION
WILLIAMSON 1 211 81201 9
QTY I LIST PRICE
BUY 8592-19
BUYBOARD CONTRACT #592-19 EXPIRES D9130112020
1
DELIVERED AND INSTALLED BY TA MASONRY
PC -2015
DISC SWING
1
PC -2472
SPIN MAX, ORBIT
1
R50713941A
R5 CUSTOM PLAY SYSTEM
1
NF573589A
R5 CUSTOM PLAY SYSTEM
1
CONSTRUCTION FE...
RENTAL OF CONSTRUCTION FENCE FOR 340 LIN. FT. -CHARGE ON A
1
MAX OF 2 MONTH PERIOD -INSTALLATION INCLUDED
FIBER GWG WOOD
ENGINEERED WOOD FIBER
168
FABRIC
GEOTEXTILE FABRIC
3,350
INSTALL TA MASON...
-REMOVE AND HAUL OFF EXISTING PLAYGROUND STRUCTURE OFF
1
ENTIRE PLAY AREA -(26) 4" POST STRUCTURE
-REMOVE AND HAUL OFF EXISTING EWF OFF ENTIRE PLAY
AREA-APPROX 103 CY
-INSTALL 4" OF GRAVEL AND TWO LAYERS OF
GEOFABRIC-GEOFABRIC=5600 SF -GRAVEL -34 CY
QUOTE VALID FOR 30 DAYS. Install will be ordered upon receipt of written
approvals and/or deposit.
PLEASE REMIT PAYMENT TO:
PLAYWORKS, INC.
203A STATE HIGHWAY 46 EAST
BOERNE, TX 78006
Date Signature
TOTAL
0.00
1,431.23
5,441.37
4,712.23
14,291.22
1,919.35
TOTAL
0.00
1,431.23
5,441.37
4,712.23
14,291.22
1,919.36
15.35 2,578.80
0.55 1,847.50
13,106.45 13,106.45
$45,323.15
City of Round Rock
ROl1NO ROCK
T•_XAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with PlayWorks, Inc. for the installation of
new play equipment and the removal of existing equipment for Mesa Village
Park.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/8/2019
Dept Director: Rick Atkins, Director
Cost: $45,323.15
Indexes: General Self -Financed Construction
Attachments: Est-5879-PlayWorks, Mesa Village Agreement - PlayWorks (signed), LAF -
Mesa Village - PlayWorks
Department: Parks and Recreation Department
Text of Legislative File CM -2019-0377
This item will authorize the City Manager to execute an Agreement with PlayWorks, Inc. to
replace the aging playground equipment at Mesa Village Park.
This Agreement includes the removal and disposal of existing playground equipment and safety
surfacing, any necessary excavation, and the installation of new playground equipment and
safety surfacing.
Cost. $45,323.95
Source of Funds: General Self -Financed Construction
City o/ Round Rock Page 1 Printed on IVS12019