CM-2021-034 - 1/29/2021CITY OF ROUND ROCK AGREEMENT FOR
DRAINAGE IMPROVEMENTS AT
FOREST CREEK GOLF COURSE
WITH
FLEETWOOD SERVICES, LLC
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for the purchase drainage improvement services
for Forest Creek Golf Club located in Round Rock, Texas, and for related goods and
i es (referred to herein as e�, "Agreement"), is made and entered into on this the
day of the month of �-� 2021 by and between the CITY OF
R UND ROCK, a Texas ho -rule munici ality, whose offices are located at 221 East
Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and
FLEETWOOD SERVICES, LLC, whose offices are located at 4311 Willow Street,
Dallas, Texas 75226 (referred to herein as "Services Provider").
RECITALS:
WHEREAS, City desires to purchase certain services, specifically
drainage improvement services for the Forest Creek Golf Club, and City desires to procure
same from Services Provider; and
WHEREAS, City issued a Request for Quote on October 27, 2020 for said services; and
WHEREAS, based on the Services Provider's response to the Request for Quote issued
by City, City desires to award said services to Services Provider 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 agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City is obligated to buy specified services and Services Provider is obligated to provide
00462308/ss2
CM , D- � 03
said services. The Agreement includes the City's Request for Quote dated October 27, 2020 and
the Service Provider's Proposal dated November 12, 2020, both documents attached as Exhibit
"A" and incorporated herein by reference for all purposes.
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 mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Services Provider
to comply with promised delivery dates, specifications, and technical assistance specified.
2.01 EFFECTIVE DATE, TERM, PRICES FIRM
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 the successful completion of services
described in Exhibit "A," which shall occur within thirty (30) days of the effective date of this
Agreement.
C. Prices shall be firm for the duration of this Agreement. No separate line -item
charges shall be permitted for invoicing purposes, including but not limited to equipment rental,
demurrage, costs associated with obtaining permits, or any other extraneous charges.
D. City reserves the right to review the relationship with Services Provider 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.
4.01 SCOPE OF WORK
Services Provider shall satisfactorily complete all services described in Services
Provider's Proposal, attached hereto as a part of Exhibit "A".
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 or any term of
this Agreement, 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 Services Provider Forty -Nine Thousand Eight Hundred Twenty -Eight and
25/100 Dollars ($49,828.25) 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 Services Provider;
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 Services Provider 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
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
I'm
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:
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
perfonned 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.
9.01 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.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
11.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the goods as specified, City reserves the right and
option to obtain the products from another supplier or suppliers
12.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Brian Stillman
Sports Facilities & Operations Manager
Sports Management and Tourism
221 East Main Street
Round Rock, Texas 78664
(512) 218-6607
13.01 INSURANCE
Services Provider shall meet all City of Round Rock Insurance Requirements as set forth
at: http://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07.20112.gdf.
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 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 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.
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
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 Services
5
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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.
17.01 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.
18.01 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 or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Services Provider verifies Services Provider does not boycott Israel and
Me
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:
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 Services Provider:
Fleetwood Services, LLC
4311 Willow Street
Dallas, TX 75226
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 Services Provider.
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 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.
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22.01 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.
23.01 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.
24.01 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
being void should a provision which is of the essence of this Agreement be determined void.
25.01 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.
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Rock, Te s Fleetwood Services, LLC
By: By:
Print ame: o Printed Name: CUrYt
Title: ~ r- Title:
Date Signed: Date Signed: S a l
Attest:
By:
sxwt
Sara L. White, City C erk
For City, kp roved as Im
By:
Stephan 4. Sheets, City Attorney
J� �
Exhibit "A"
yr.
ROUND ROCK TEXAS
City of Round Rock, Texas
Request for Quote
RFQ#:
BS-2020-10-27
Product/Service
Forest Creek Golf Club
Description:
Drainage Project
Date Issued:
10/27/2020
Quote Due By
Date/Time
11/12/2020 @ 4:00 p.m.
City Contact Name
Brian Stillman
Contact Phone #
512-218-6607
*Email Address:
bstillman@roundrocktexas.gov
Department Name
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 (RFC)
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 addition of retro curbing, drainage installation, and
associated re -sodding for poorly draining areas along cart path at Forest Creek Golf Club.
Scope of Service Requested:
Selected vendor will provide labor, equipment, and material required to properly install concrete curbing, drainage
supplies, and re -sodding of identified areas along cart path at Forest Creek Golf Club.
The attached scope of work lists linear footage of requested retro curbing, square footage of re -sodding areas, linear
footage of drainage pipes, etc., which make up this project. Materials and quantities listed have been established by our
golf course superintendent and will not increase during the timeline of this project. Each area of work will be shown to
interested contractors at the pre -bid meeting.
This bid is to include all demo and disposal of demo materials off site. It is also to include the 'replacement in kind' of any
permanent materials damaged as a result of the work (ex. damaged sod areas, cart paths, etc). Due to the delicacy of our
golf course setting, only contractors who are in the regular business of golf course renovation work will be considered for
award of this project.
In the event the awarded contractor makes an error in their estimation/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.
Notice to Bidders: A "PRE -BID MEETING", will be held on -site at Forest Creek Golf Club on Thursday, November S. 2020,
10:00 a.m. All Contractors interested in bidding this job are highly encouraged 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 areas.
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 complete all work on the project
within eight weeks.
Form Revised November 2017 11 P a g c (j
Exhibit "A"
RFQ#:
BS-2020-10-27
Product/Service
Forest Creek Golf Club
I
Description:
Drainage Project
Submit a complete and signed ctuote 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.gov/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: https://roundrock.munisself service, com/Vendors/default. aspx.
• 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. BS-2020-10-27, must be submitted in writing to the City of Round
Sports Management and Tourism Department to the attention of Brian Stillman, by Friday, 11/06/20, @ 4:00
p.m. at: bstillman@roundrocktexas.gov
Item #
Item Description
Quantity
Unit of Measure
Price
1
Grand Total from Line Item
1
Grand Total
iTotal
$`i_� �t
Project Form (attached)
Vendor Contact Information and Signature
Vendor Name:
1,
Name of Sales Contact:
y,f
Authorized Signature:
Date:
`1 U
Email Address:
hi r Gur,��.�-� (' if 111` i `J : 6ii_,S (ye T
Phone Number:
i -� �� r �, j Li
Form Revised November 2017 2 1 P a g c, q�
Exhibit "A"
FLEETWOOD SERVICES
4311 WILLOW ST.
DALLAS, TEXAS 75226
BILLED TO.
Forest Creek
City of Round Rock
All: WILL BELL
RFQ- 86-2020-10-27
Bid/RFQ
DATE
11l12/2020
JOB SITE INFO
Forest Creek Drainage Project
Draina e,Concrete and Sod Work
ITEM
DESCRIPTION
UNIT
QUANITY
PRICE
TOTAL
Mob to site
1
Mob to site
LS
1
S 5,000.00
$ 5,000.00
Concrete or11
Retro Curb
LF
415
S 1500
$ 6.225.00
Sod back curb (includes sod and onsite dirt)
SF
623
S 0.75
S 467.25
#2
Retro Curb
LF
293
S 1500
S 4.39500
Sod back curb (includes sod and onsile dirt)
SF
440
S 0.75
S 330.00
12" basin
EA
1
S 350.00
S 350,00
4" Pipe
LF
60
5 8.00
S 480.00
Remove and replace path
SF
150
S 15.00
S 2.250.00
Add 12" basin
EA
1
S 350.00
S 350.00
4" Pipe
LF
60
$ 8.00
S 480.00
Regrade and sod birdbath
LS
1
$ 650.00
s 650.00
#6
Retro Curb
LF
260
S 1500
S 3.900.00
Sod back curb (includes sod and onsite dirt)
SF
390
S 0.75
S 29250
#7
Remove and replace path
SF
120
S 15.00
S 1,800.00
Add 12" basin
EA
i
$ 350.00
S 350.00
Retro Curb
LF
90
$ 15.00
S 1,350 00
Retro Curb
LF
95
S 15.00
S 1.42500
Sod back curb (includes sod and onsite dirt)
SF
275
$ 0.75
S 206.25
#15
Retro Curb
LF
200
$15.00
S 3.000.00
Sod back Curb (includes sod and onsite dirt)
SF
400
S 0.75
S 300.00
#10
Regrade and sod birdbath
LS
1
S 1,250.00
S 1,250.00
#11
Regrade and sod
LS
1
S 600.00
S 600.00
#12
Add 12" basin
EA
1
S 350.00
$ 350.00
4" Pipe
LF
70
3 800
$ 56000
Add 12" basin
EA
1
$ 350.00
S 350.00
4" Pipe
LF
100
$ 8.00
$ 800.00
#13
Regrade and sod
LS
1
$ 1.350.00
S 1,350,00
Retro Curb
LF
185
S 15.00
S 2.775.00
Sod back curb (includes sod and onsite dirt)
SF
278
S 0.75
S 208.50
#16
Retro Curb
LF
285
S 15.00
S 4.275.00
Retro Curb
LF
210
S 15.00
$ 3,150.00
Sod back curb (includes sod and onsite dirt)
SF
745
S 075
S 558.75
Thanks for your business
hone.972.707-8314
fleetwoodservicesC@vahoo.com
robert(m lleetwood services,net
Robert Fleetwood
Sub Total ( $49,828.25j
Tax Exempt S
$49,828.25
www.f I eet woodservices. net
11/12/2020
Date
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with Fleetwood Services, LLC for drainage
improvement services at Forest Creek Golf Course.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/29/2021
Dept Director: Chad McKenzie
Cost: $49,828.25
Indexes: Golf Course Revenue Fund
Attachments: LAF_Fleetwood_Drainage Imprvts FCGC, Fleetwood Contract
Department: Sports Management and Tourism
Text of Legislative File CM-2021-034
Fleetwood Services will provide all materials and installation services required to improve drainage and
eliminate standing water areas along the cart paths at Forest Creek Golf Club.
Project will be awarded via RFQ: BS-2020-10-27
Cost: $49,828.25
Source of Funds: Golf Course Revenue Fund
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