CM-2020-185 - 7/24/2020CITY OF ROUND ROCK AGREEMENT FOR
RENOVATION AND REFURBISHMENT SERVICES
FOR THE FOREST CREEK RESTROOM RENOVATION PROJECT
WITH
RJ REMODELING & FLOORS
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for renovation and refurbishment services for the Forest
Creek Restroom RenMy
on Project (referred to h rei as the "Agreement"), is made and entered
into on this the of the month of , 2020 by and between the CITY
OF ROUND R C , a Texas home -rule municipality, Phose offices are located at 221 East
Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and RJ
REMODELING & FLOORS, whose offices are located at 516 Seed Cove, Round Rock, Texas
78664 (referred to herein as the "Services Provider").
RECITALS:
WHEREAS, City desires to purchase certain services, specifically renovation and
refurbishment services for the Forest Creek Restroom Project; and
WHEREAS, City desires to procure said services from Services Provider; 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 agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City agrees to buy specified services and Services Provider is obligated to sell and
provide same. The Agreement includes Service's Provider Proposal dated June 7, 2020, attached
as Exhibit "A," and incorporated herein for all purposes.
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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. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials,
commodities, or equipment.
F. • Services Provider means RJ Remodeling & Floors, its successor or assigns.
2.01 EFFECTIVE DATE, TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. This Agreement shall terminate upon completion of the services as described
herein and in Exhibit "A."
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the Contract Documents. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference to
pages one (1) through nine (9) of this Agreement.
4.01 SCOPE OF WORK
Services Provider shall satisfactorily provide all goods and complete all services
described in Service Provider'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.
Services Provider 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
00448630.lss2
negotiated and agreed to in all relevant details, and must be embodied in a valid Supplemental
Agreement as described herein.
5.01 COSTS
In consideration for the services related to the deliverables, the City agrees to pay
Services Provider Forty -Nine Thousand Five Hundred Thirty -Two and No/100 Dollars
($49,532.00) as set forth in Exhibit "A."
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Services Provider;
B. Purchase Order Number, if applicable;
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 affect such termination by
giving Services Provider a written notice of termination at the end of its then current fiscal year.
8.01 INSURANCE
Services Provider shall meet all insurance requirements set forth on the City's website at:
hgps://www.roundrocktexas.gov/wn-content/uploads/2014/12/corr_insurance 07 20112pdf
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Services Provider 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 City receives a correct invoice for the performance and/or deliverables 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); however, this Policy does not
apply to payments made by City in the event:
00448630/ss2
A. 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
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. 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
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.01 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.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
12.01 CITY'S REPRESENTATIVES
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Brian Stillman
Sports Facilities and Operations Manager
221 East Main Street
Round Rock, Texas 78664
512-218-6607
brianstillman@roundrocktexas.gov
13.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
parry'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
00448630iss2
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.
14.01 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing the specified goods elsewhere, Services Provider agrees that it may be charged the
difference in cost, if any, and that it may not be considered in future bids for the same type of
work unless the scope of work is significantly changed.
Services Provider 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
A. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
15.01 TERNIINATION 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 Services
Provider.
B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten (10) days' written notice to Services Provider.
C. Services Provider has the right to terminate this Agreement only for cause, that
being in the event of a material and substantial breach by City, or by mutual agreement to
terminate evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Services Provider,
Services Provider shall discontinue all services in connection with the performance of this
Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such
orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice
of termination, Services Provider shall submit a statement showing in detail the goods and/or
services satisfactorily performed under this Agreement to the date of termination. City shall then
pay Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
00448630rss2
16.01 INDEMNIFICATION
Services Provider shall defend (at the option of City), indemnify, and hold City, 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
Services Provider, or Services Provider's agents, employees or subcontractors, in the
performance of Services Provider'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 City or
Services Provider (including, but not limited to the right to seek contribution) against any third
party who may be liable for an indemnified claim.
17.01 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 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contact contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the terms 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.
18.01 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.
19.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
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.
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Notice to Services Provider:
RJ Remodeling & Floors
516 Seed Cove
Bastrop, Texas 78664
Notice to City:
Laurie Hadley, 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 Services Provider.
20.01 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 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.
21.01 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, duly authorized by action of the City Manager or City
Council.
22.01 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.
23.01 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
00448630.!ss2
being void should a provision which is of the essence of this Agreement be determined void.
24.01 MISCELLANEOUS PROVISIONS
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.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider 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 City due to Services
Provider's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
Force Majeure. Neither City nor Services Provider shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
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.
[Signatures on the following page.]
00448630/ss2
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Rock, Texas
By:
Printe Name:
Title:
Date Signed:
Attest:
By:s ■
Sara L. White, City Clerk
For City, Approved as to Form:
City Attorney
00448630 ss2
RJ Remodeling & Floors
By: tl�-'"-Ptj:'
Printed Name: ROBERT PAPAGEORGE
Title: AuTHogjzFp gFpgEsr=NTATjVF
Date Signed:6/2312020
ROUND BOCK TEXAS
RFQ#: I AR-2020-05-26
Date Issued: 1 05/26/20
City Contact Name:1 Allen Reich
Exhibit "A"
City of Round Rock, Texas
Request for Quote
Product/Servlce
Contact Phone #
*Email Address: areich@roundrocktexas.gov Department Name
Forest Creek Restroom
Renovation Project
06/09/2020 @ 4:00 p.m.
512-218-6682
Sports Management and
Tourism
Delivery Address: Forest Creek Golf Club. 99 Twin Ridge Pkwy. Round Rock, TX 78664
Instructions for Respondents to this Request for Quote (RFQ)
This is a Request for Quote and not an order.
Submit a complete and signed quote by the due date/time to the email address above
Project Description: The City of Round Rock is seeking quotes for the professional renovation and refurbishment of (3)
public restrooms at Forest Creek Golf Club.
Scope of Service Requested:
Selected vendor will provide all labor and materials necessary to fully renovate the men's, women's, and unisex restrooms
located within the clubhouse at Forest Creek Golf Club. Scope of work will include, but is not limited to:
• Demolition of current materials and disposal off -site
• Jobsite protection — including protection of current flooring which will not be replaced
• Replacement of counters, vanities, mirrors, wall tile, stall partitions, toilets, urinals, sinks, lighting, faucets, and
toilet paper/paper towel/soap dispensers and disposal receptacles
• Necessary repairs to drywall and full drywall repainting
• All plumbing, electrical, masonry, and other trade work and supplies necessary to complete the project as turnkey
It is the intention for this project to maintain existing restroom floorplans. As such, existing plumbing, electrical, etc.,
should stay in place 'as is' and be tied into directly by the corresponding trades/materials.
It will also be required for only (1) restroom to be renovated at a time. A single restroom must be closed, completely
renovated, approved by the project manager, and re -opened for public use before the contractor may begin any work in
the next restroom. It is understood that this working process may increase timeline and personnel costs to the contractor.
This process and costs associated should be considered by the vendor and included as a pricing component of their
submitted bids.
Specific materials and quantities for this project have not been pre -determined. Each interested vendor will be
responsible for providing a 'materials allowance' for the project within their bid pricing. The awarded vendor will then be
responsible for providing material samples and/or cut sheets for review and approval of the project manager prior to
purchase/installation. Note that the amount provided for the materials allowance, as well as the overall project total bid,
will NOT be exceeded during the course of the project.
It will be the responsibility of each bidding contractor to take their own measurements and propose materials within their
final quote as described above. In the event the awarded contractor makes an error in their
estimation/measurements/pricing, it will remain the responsibility of that contractor to complete the project in full at the
total price as listed on the submitted quote.
Form Revised November 2017 11 P a g e
Exhibit "A"
[R7F Q#: AR-2020-05-26
Product/Service Forest Creek Restroom
Description: I Renovation Project _j
Notice to Bidders: A "PRE -BID MEETING", will be held on -site at Forest Creek Golf Club on Tuesday, June 2, 2020, 10:00
a.m. All Contractors interested in bidding this job are required to attend the pre -bid meeting. The City believes it will be
difficult for a contractor to quantify the scope and provide an accurate quote without inspecting the work area.
At this meeting, the scope and process for this job will again be discussed, and interested bidders will be able to inspect
the areas and take measurements to establish their pricing for bidding.
Project Timeline: After award of contract/PO, the selected contractor will be required to deliver, install, and complete the
entire project as listed above within eight weeks.
Submit a complete and signed quote 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
hyperlink: https://www.roundrocktexas.clov/departments/purchasing/
• The City reserves the right to determine "or equal" status. Quotes may be withdrawn at any time 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: htt s://roundrock.munisselfservice.comNendors/defp Lasax.
• 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 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 take precedence.
• Questions: All questions regarding RFQ No. AR-2020-05-26, must be submitted in writing to the City of Round
Sports Management and Tourism Department to the attention of Allen Reich, by Tuesday, 6/4/20, @ 2:00 p.m.
at: areich@roundrocktexas.gov
Item
#
Item Description
Quantity
Unit of
Measure
Extended Price
Forest Creek Restroom Renovation Project (Attach on
separate pages line item pricing and other applicable
4
Lot
$ 49,532.89
information to this RFQ
Vendor Contact Information and Signature
Vendor Name:
RJ REMODELING AND FLOORS
Name of Sales Contact:
ROBERT PAPAGEORGE
Authorized Signature:
Date:
06/09/2020
Email Address:
Chevellecobra@gmaii.com
Phone Number:
512-626-5735
Form Revised November 2017 2 1 P a g e
Exhibit "A"
ESTIMATE
• RJ REMODELING & FLOORS EST0028
Business Number 512-953-7037 DATE
�aoRysnds
516 seed cv Jun 7, 2020
Round Rock TOTAL
78664 USD $49,532.89
5126265735
Chevellecobra@gmail.com
TO
City of Round Rock
99 Twin Ridge Pkwy,
Round Rock,Tx
78664
512-218-6682
areich@roundrocklexas.gov
DESCRIPTION
RATE
QTY
AMOUNT
Masking
$1.60
500
$800.00*
Install ram board in all bathrooms
Demolition
$15.85
350
$5,547.50*
Remove existing wall tile, stalls, toilets, urinals, counters, faucets, sinks, lighting,
disposal of debris
Tile Install
$25.00
350
$8,750.00*
Install new wall board, float joints, install schluter trim around perimeter, install
porcelain the on walls, grout/seal and clean surface
Toilet & Urinal
$682.43
7
$4,777.01
Assemble and install new toilets and urinals w/ new seal, caulk perimeter
Install Partitions
$6,756.00
1
$6,756.00*
Mount brackets to wall, assemble, level and install new stainless steel stalls
Install Counters
$1,610.00
3
$4,830.00*
Template, fabricate and install new 2cm granite in all bathrooms w/ backsplash
Install Sinks
$516.80
5
$2,584.00*
Level, fit and secure undermount sinks, drain assembly and p-trap
Page 1 of 2
Exhibit "A"
DESCRIPTION RATE QTY AMOUNT
Install Faucets
$629.50
5 $3,147.50*
Assemble and install new automatic faucets and supply lines
Install Lighting
$285.28
18 $5,135.04*
Modify wiring as needed, install new remodeling recessed lighting kits in
bathrooms
Drywall & Paint
$1,500.00
1 $1,500.00*
Repair all drywall, re -float areas as needed and paint
Grid Repair
$350.00
5.5 $1,925.00*
Cut and fabricate tiles as needed to fit in existing drop ceiling grid and around
fixtures
Automatic Dispensers & Accessories
$315.07
12 $3,780.84*
Install new automatic soap dispensers and dryers in all bathrooms, install toilet
paper dispensers and grab bars per ADA compliance
SUBTOTAL $49,532.89
TAX (off) $0.00
TOTAL USD $49,532.89
Material Acquisition Included In Prices
Labor Warranty Included
Licensed & Bonded 2ML-GL
IECity of Round Rock
OUND ROCK
XA5 Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with RJ Remodeling & Floors for
renovation and refurbishment services for the Forest Creek Restroom
Renovation Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/24/2020
Dept Director: Chad McKenzie - Sports Management Director
Cost: $49,532.89
Indexes:
Attachments:
Department: Sports Management and Tourism
Text of Legislative File CM-2020-185
RJ Remodeling and Floors will provide professional renovation and refurbishment services for
the three public restrooms within the clubhouse at Forest Creek Golf Club. The order will be
placed following the successful completion of RFQ# AR-2020-05-26.
Cost: $49,532.89
Source of Funds: Golf Course Revenues
Cityof Round Rock Page 1 Printed on 712312020