CM-2023-251 - 10/20/2023CITY OF ROUND ROCK AGREEMENT FOR
FOREST CREEK GOLF CLUB IMPROVEMENTS
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 of improvements at Forest Creek Golf Club
located in Round Rock, Texas, and for related goo a services (referred t%he ip as the
"Agreement"), is made and entered into on this the -- �ay of the month of �`' ,
2023 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 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, improvements for the Forest Creek
Golf Club, and City desires to procure same from Services Provider; and
WHEREAS, City issued an Invitation for Bid (IFB No. 23-040) in August 2023 for said
services; and
WHEREAS, based on the Services Provider's bid submitted in response to IFB No. 23-
040, 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:
48779-7753-1011?ss2
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
said services. The Agreement includes the City's IFB No. 23-040 dated August 2023 and the
Service Provider's Bid, 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 AND 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."
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.
2
4.01 SCOPE OF WORK
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 an amount not -to -exceed One Hundred Nineteen Thousand
Four Hundred Fifty -Eight and 401100 Dollars ($119,448.40) 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
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
3
effect" on September I 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
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.
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 S 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:
Z.
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/wn-content/uploads/2014/12/corr insurance 07.20112.pd£
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
Provider.
6
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. Services Provider acknowledges and understands that City has adopted a Storm
Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139
through 14-152 of the City's Code of Ordinances, to manage the quality of the discharges from
its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the
requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas
Pollutant Discharge Elimination System (TPDES). The Services Provider agrees to perform all
operations on City -owned facilities in compliance with the City's Illicit Discharge Ordinance to
minimize the release of pollutants into the MS4. The Services Provider agrees to comply with of
the City's stormwater control measures, good housekeeping practices and any facility specific
6
stormwater management operating procedures specific to a certain City facility. In addition, the
Services Provider agrees to comply with any applicable TCEQ Total Maximum Daily Load
(TMDL) Requirements and,or I -Plan requirements.
C. In accordance with Chapter 2271, 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
will not boycott Israel during the term of this Agreement.
D. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/ 100 Dollars ($100,000.00) unless the contract has
provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade association.
The signatory executing this Agreement on behalf of Services Provider verifies Services
Provider does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association, and it will not discriminate during the term of this
Agreement against a firearm entity or firearm trade association.
E. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has
provision in the contract verifying that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of this Agreement. The signatory executing this
Agreement on behalf of Services Provider verifies Services Provider does not boycott energy
companies, and it will not boycott energy companies 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
7
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 Stephanie L. Sandre, 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.
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.
[Signatures on the following page.]
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Rock Texas
By: A��4
Printed N me -
Title:
Date Signed:11 or
d
Attest:
By:
Meagan Spinks ity erk
For City, Approve as to Form:
By:
ep nie L. San(re, Clty Attorney
Fleetwood Services, LLC
By: �Uj U w e
Printed Name:AA Ff",41 Pam.+ )5441, 4
Title: ow&etfi
Date Signed: 050 0
Exhibit "A"
:K TEXAS
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
FOREST CREEK GOLF CLUB IMPROVEMENTS
SOLICITATION NUMBER 23-040
AUGUST 2023
City of Round Rock Exhibit "A"
Forest Creek Golf Club Improvements
RFP No. 23-040
Class/Item: 912-25, 912-50
August 2023
FOREST CREEK GOLF CLUB IMPROVEMENTS
PART
GENERAL REQUIREMENTS
1. PURPOSE AND BACKGROUND: The City of Round Rock, herein after "the City" seeks proposals from
firms experienced in golf course renovations and improvements.
The City continues to improve the playability and aesthetic appearance of the Forest Creek Golf Club. One
project that will contribute to these continued enhancements has been the addition of concrete curbing
along the cart paths as well as the expansion and renovation of our tee boxes. The scope of work included
in this proposal package is to continue these enhancements as specified within these documents.
2. SOLICITATION PACKET: This solicitation packet is comprised of the following -
Description
Index
Part I — General Requirements
Page(s) 2-5
Part II — Definitions, Standard Terms and Conditions, and Insurance
Requirements
Page 6
Part III — Supplemental Terms and Conditions
Page(s) 7-8
Part IV — Scope of Work
Page(s) 9-10
Attachment A — Reference Sheet
Separate Attachment
Attachment B — Subcontractor Information Form
Separate Attachment
Attachment C — Bid Sheet
Separate Attachment
Attachment D — Prevailing Wage Rates
Separate Attachment
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT
DATE
Solicitation released
August 11, 2023
Deadline for submission of questions
August 18, 2023 @ 5:00 PM, CST
City responses to questions or addendums
Approximately August 23, 2023@ 5:00 PM,
CST
Deadline for submission of responses
September 1, 2023 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire by 5:00 PM, CST on the due date
noted above. A copy of all questions submitted and the City's response to the questions shall be posted on
the City's webpage in the form of an addendum at:
https://roundrocktexas.bonfirehub.com
The City reserves the right to modify these dates. Notice of date change will be posted to the City's website:
https://roundrocktexas.bonfirehub.com
4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
https://roundrocktexas.bonfirehub.com for any updates pertaining to the solicitation described herein.
Various updates may include addendums, cancellations, notifications, and any other pertinent information
necessary for the submission of a correct and accurate response. The City will not be held responsible for
any further communication beyond updating the website.
Page 2 of 10
City of Round Rock Exhibit "A"
Forest Creek Golf Club Improvements
RFP No. 23-040
Class/Item: 912-25, 912-50
August 2023
5. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, on the due
date noted in PART I, Section 3 — Schedule of Events. The Offeror shall respond via the City's electronic
bidding platform, Bonfire: https://roundrocktexas.bonfirehub.com
A. This request for proposal (RFP) does not commit the City to contract for any supply or service.
B. No paper or submittals outside of Bonfire will be accepted by the City.
C. Responses cannot be altered or amended after digital opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property
of the City.
6. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The
Respondent shall:
A. Be firms, corporations, individuals, or partnerships normally engaged in providing golf club
improvements as specified herein and have adequate organization, facilities, equipment, financial
capability, and personnel to ensure prompt and efficient service to the City.
B. In order to confirm financial stability, the City may choose to review audited financial statements at any
time throughout the RFP evaluation process. Upon request, the Respondent shall provide two years
audited financial statements, including any notes or supplemental schedules within 2 business days of
the original request.
C. The Respondent shall include in the proposal a list of all litigation the company or its principals have
been involved in within the last three (3) years.
D. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for consideration
in this RFP process.
In order to do business with the City of Round Rock you must be registered with the City's Vendor
Database. To register, go to: https:/Iroundrocktxvendors.munisselfservice.comNendors/default.aspx
7. RESPONSE REQUIREMENTS: The Respondent, by electronically submitting their Offer, acknowledges
that he/she is an authorized representative of the Vendor, has received and read the entire document
packet sections defined above including all documents incorporated by reference, and agrees to be bound
by the terms therein. The Respondent shall include the following information with their bid response:
❑ Attachment A — Reference Sheet
❑ Attachment B — Subcontractor Information Form (if applicable)
❑ Attachment C — Bid Sheet
❑ Acknowledged Addenda (if applicable)
8. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or
to accept any response deemed most advantageous, or to waive any irregularities or informalities in the
response received that best serves the interest and at the sole discretion of the City. All solicitations
received may be evaluated based on the best value for the City. In determining best value, the City may
consider:
A. Purchase price.
B. Reputation of Respondent and of Respondent's goods and services.
C. Quality of the Respondent's goods and services.
D. The extent to which the goods and services meet the City's needs.
Page 3 of 10
City of Round Rock Exhibit "A"
Forest Creek Golf Club Improvements
RFP No. 23-040
Class/Item: 912-25, 912-50
.August 2023
E. Respondent's past performance with the City.
F. The total long-term cost to the City to acquire the Respondent's goods or services.
G. Any relevant criteria specifically listed in the solicitation.
H. If the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria
not related to cost in order to be considered for contract award.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing.
9. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295 "Certificate of Interested Parties" that is signed for a contract
award requiring council authorization. The "Certificate of Interested Parties' form must be completed on the
Texas Ethics Commission website, printed, signed, and submitted to the City by the authorized agent of the
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior
to final contract execution. Link to Texas Ethics Commission Webpage.-
htti)s://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
10. EX PARTS COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City
Official, Employee, City Consultant, or Evaluation Team member evaluating or considering the bids prior to
the time a bid decision has been made. Communication between Bidder and the City will be initiated by the
appropriate City Official or Employee in order to obtain information or clarification needed to develop a
proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the
offending Bidder from consideration or award of the bid then in evaluation, or any future bid.
11. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round Rock ("City"), in
consultation with the City Attorney, shall have the authority to settle or resolve any dispute concerning the
solicitation or award of a contract. The Purchasing Manager may solicit written responses to the protest
from other interested parties. The aggrieved person must prepare his or her complaint in writing and send it
by electronic mail to the City's Purchasing Department at protest(abroundrocktexas.aov.
In the event of a timely protest, the City shall not proceed further with the solicitation or award of a contract
unless it is determined that the award must take place without delay, to protect the best interests of the City.
The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to
comply with any of these requirements, the Purchasing Office may dismiss your complaint or protest.
A. Prior to Offer Due Date: If you are a prospective offeror for the award of a contract ("Offeror") and you
become aware of the facts regarding what you believe is a deficiency in the solicitation process before
the due date for receipt of offers in response to a solicitation ("Offers"), you must notify the City in
writing of the alleged deficiency before that date, giving the City an opportunity to resolve the situation
prior to the Offer due date.
B. After Offer Due Date: If you submit an Offer to the City and you believe that there has been a
deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation
process, or the recommended award as follows:
i. You must file a written notice of your intent to protest within four (4) working days of the date that
you know or should have known of the facts relating to the protest. If you do not file a written notice
of intent within this time, you have waived all rights to protest the solicitation process or the award.
ii. You must file your formal written protest within ten (10) working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. If you know of the facts before those dates, you must notify the City as stated in
section (A) above.
iii. You must submit your protest in writing and must include the following information:
a, your name, address, telephone number, and email address.
b, the solicitation number.
c. a specific identification of the statutory or regulatory provision that you are alleging has been
violated,
d. a detailed statement of the factual grounds for your protest, including copies of any relevant
Page 4 of 10
City of Round Rock Exhibit "A"
Forest Creek Golf Club Improvements
RFP No. 23-040
Class/Item: 912-25, 912-50
.August 2023
documents.
e. a statement of any issues of law or fact that you contend must be resolved; and
f. a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City's review.
C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the
Purchasing Manager, with assistance from the City Attorney, shall make one of the following
determinations:
i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination. The City will prepare updated
solicitation documents and will re -solicit.
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter. The reasons for the determination will be presented in the letter.
iii. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination. However, the awarded contract will not
be canceled. As needed, corrective act'ons may be taken with purchasing or any other pertinent
City staff.
iv. A determination will usually be made within fifteen (15) business days after receipt of the formal
protest.
v. Any written decisions by the Purchasing Manager shall be the final administrative action for
the City.
All documentation pertaining to a protest will be kept on file at the City and are subject to open records
requests.
Page 5 of 10
City of Round Rock Exhibit "A"
Forest Creek Golf Club Improvements
RFP No. 23-040
Class/Item: 912-25, 912-50
.August 2023
PART II
DEFINITIONS, STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions and Standard Terms and Conditions, in effect at the time of
release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on
the face of a purchase order. These can be obtained from the City's website at:
httgs://www.roundrocktexas.gov/city-departmental urchasingl. In addition, the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract.
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: httt)s://www.roundrocktexas.g,ov/cily-departments/purchasing)
Page 6 of 10
City of Round Rock Exhibit "A"
Forest Creek Golf Club Improvements
RFP No. 23-040
Class/Item: 912-25, 912-50
August 2023
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The term of the Agreement shall begin from date of award and shall remain in full
force until inspection and acceptance of the completed project by the City.
2. SUBCONTRACTORS: If Subcontractors will be used the Respondent is required to complete and submit
with their proposal response Attachment B: Subcontractor Information Form. The Contractor shall be fully
responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible
for the Contractors own acts and omissions. The Contractor shall:
A. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with
the provisions, specifications, and terms of the Contract.
B. Require that all Subcontractors obtain and maintain, throughout the term of their agreement, primary
insurance in the type and amounts specified for the Contractor, with the City being named as an
additional insured; and
C. Require that the Subcontractor indemnify and hold the City harmless to the same extent as the
Contractor is required to indemnify the City.
D. Awarded Contractor is required to submit a list of all subcontractors for approval by the City prior to use
of any subcontractors throughout the term of the contract.
3. PREVAILING WAGE: Pursuant to Chapter 2258 of the Texas Government Code, a worker employed on a
public work project by a city must be paid: (1) not less than the general prevailing wage rate of per diem
wages for work of a similar character in the locality in which the work is performed; and (2) not less than the
general prevailing rate of per diem wages for legal holiday and overtime work. In accordance with Chapter
2258.022, the City adopted through Resolution No. R-2016-3760 the wage rates set forth by the Texas
Workforce Commission for the Austin -Round Rock Area as the general prevailing wage rate for the City's
public works contracts. A contractor or subcontractor who is awarded a contract by the City shall pay not
less than the rates set forth in Attachment D and comply with all applicable sections of Chapter 2258.
Attachment D — Prevailing Rates are posted in Solicitation Documents for IFB 23-040 Forest Creek Golf
Club Improvements on the City of Round Rock Bonfire website at:
https://roundrocktexas.bonfirehub.com
4. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules, and regulations. The Respondent
shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State
and City safety and occupational health standards and other applicable federal, state, and local health,
safety, and environmental laws ordinances, rules, and regulations in the performance of these services.
B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause
injury or damage to any persons or property within and around the work site. 1n case of conflict, the
most stringent safety requirement shall govern.
C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments,
fines penalties and liability of every kind arising from the breach of the Contractor's obligations under
this paragraph.
5. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner.
B. Ensure Respondent's employees, while working on City property, wear a company uniform that clearly
identifies them as the Respondent's employee.
C. Employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor. The City reserves the right to verify citizenship or right to work in the United
States.
Page 7 of 10
City of Round Rock Exhibit "A"
Forest Creek Golf Club Improvements
RFP No. 23-040
ClassIltem: 912-25, 912-50
August 2023
6. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all
incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
insurance, bonds, and risk management. No separate line -item charges shall be permitted for either
response or invoice purposes.
Prices for materials will be on a cost-plus basis. The percentage (%), if any, of markup will be designated
by the Respondent in the solicitation response document. Invoices for work performed shall require a copy
of a supplies receipt to be included. Failure to provide the contracted cost-plus percentage (%) on an
invoice may result in payment at cost.
7. PRICE INCREASE: Contract prices for Forest Creek Golf Club improvements shall remain firm throughout
the life of the contract.
8. ACCEPTANCEMNSPECTION: Acceptancelinspection should not take more than five (5) working days.
The Contractor will be notified within the time frame if the services delivered are not in full compliance with
the specifications. In the event the services are not performed to the satisfaction of the City the Contractor
shall agree to reperform services to specification at no additional cost to the City. If any agreement or
purchase order is cancelled for non -acceptance, the needed services may be purchased elsewhere.
PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
10. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award,
split award, primary and secondary award, non -award, or use any combination that best serves the interest
and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website
at hops:llroundrocktexas.bonfirehub.com once City Council has approved the recommendation of award
and the agreement has been executed.
11. POST AWARD MEETING: The City and successful Respondent(s) may have a post award meeting to
discuss, but not be limited to the following:
A. Provide City contact(s) information for implementation of agreement.
B. Identify specific milestones, goals, and strategies to meet objectives.
12. POINT OF CONTACT 1 DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon award
of the contract to include contact information. The City's designated representative shall be notified by
the Respondent immediately should the point of contact change.
B. The City's designated representative: The City's designated representative shall be:
Brian Stillman
Sports Facilities & Operations Manager
Sports Management & Tourism
Phone: 512-218-6682
E-mail: bstillman@roundrocktexas.gov
C. Do not contact the individual listed above with questions or comments regarding this solicitation during
the solicitation.
Page 8 of 10
City of Round Rock Exhibit "A"
Forest Creek Golf Club Improvements
RFP No. 23-040
Class/Item: 912-25, 912-50
.August 2023
PART IV
SCOPE OF WORK
1. INTRODUCTION: The City of Round Rock owns and operates Forest Creek Golf Club. One
component of the City's operation of the course is its continued re -investment in the property and
enhancements that improve playability and aesthetics. One project that will contribute to these
continued enhancements has been the addition of concrete curbing along the cart paths as well
as the expansion and renovation of the tee boxes.
2. MATERIAL SPECIFICATIONS: Specifications shall be in accordance with United States Golf
Association (USGA) requirements -
A. Concrete curbing shall be 6-inch 3000 PSI fiber mesh concrete curbing to match previously installed
curbing around course.
B. Sod shall be Latitude 36 (or alternate Bermuda sod as approved by the City's POC),
C. Sand caps shall be USGA grade sand as approved by the City's POC.
D. Piping shall be corrugated advanced drainage systems 4-inch.
E. Basins shall be advanced drainage systems 12-inch with metal grates.
F. Contractor shall notify the City of any alternative materials that can be used and gain approval prior to
installation.
3. SERVICE REQUIREMENTS: Services shall be performed at -
Forest Creek Golf Club
99 Twin Ridge Parkway
Round Rock, Texas 78664
Hours: 7:OOAM — 5:OO13M
4. CONTRACTOR RESPONSIBILITIES: The Contractor shall -
A. Provide the City with a designated point of contact for the duration of the project. If this point of contact
changes the contractor shall notify the City immediately and provide updated contact information at that
time.
B. Perform improvement work so that only one golf hole is impacted (non -playable) at a time. The
Contractor may elect to complete portions of the work while the hole is still 'in play'. If this alternate is
selected, the contractor understands and accepts the inherent risks of working on a golf hole that is in
play.
C. Coordinate with the City's designated point of contact to establish the best work schedule and discuss
any changes and/or delays with the project completion.
D. During the progress of the work and on a daily basis, the Contractor shall keep the premises free from
accumulations of waste materials, rubbish, and other debris resulting from the work.
E. Promptly repair any damage to Forest Creek Golf Club or facilities resulting from the performance of
this scope of work at no cost to the City or Forest Creek Golf Club.
F. Remove and dispose of all discarded materials after the project is completed and return Forest Creek
Golf Club to its original condition not specifically designated for alteration by the work set forth in this
RFP.
G. Successful Respondent shall provide at minimum a one (1) year warranty on all workmanship and parts
including but not limited to manufacturer's warranty, workmanship defects, and installation. All warranty
work shall be completed within five (5) working days from notice of defect.
5. DELIVERABLESIMILESTONES: Each area and individual scope of work will be considered complete once
inspected and approved by the City's on -site designees.
6. CITY RESPONSIBILITIES: The City will -
Page 9 of 10
City of Round Rock Exhibit "A"
Forest Creek Golf Club Improvements
RFP No. 23-040
Classlltem: 912-25, 912-50
.August 2023
A. Provide a point of contact for all work to be coordinated through.
B. Provide restrooms, parking, standard electrical connectivity, and water utilities to complete the project.
C. Provide concrete wash -out area.
D. Inspect and approve each individual area once the work is complete.
quantify unknowns and alert the buyer to potential issues.
Page 10 of 10
Exhi
AttauvrFen CtBii heet
IFS 23-040 Forest Creek Golf Club Improvements
A 1 0 C D E F
The despondent represents by their signature below that they are submitting a binding offer and are authorized to bind the respondent to fully comply with
the solicitation documents contained in IFB 23-040 Forest Creek Golf Club Improvements. The Respondent acknowledges that they have received and
read the entire sol:citation packet, attachments, and all documents incorporated by reference. and agrees to be bound by the terms therein.
1
Special Instructions: All prices must be quoted in order to be considered responsive, be advised that exceptions taken to any portion of the solicitation will
jeopardize acceptance of the bid. Alternative bads will not be considered and unauthorized modifications to the bid sheet format will result in the rejection of
2 Ithebid.The
City reserves the right to purchase more or:ess than the quantities indicated below
No.
Description
Estimated
Unit
Unit Cost
Extended Total
Quantity
3
Location 1 (Hole 2)
4
1
Roll Curb
364
LF
$22.00
$8,008.00
5
2
Sod Back Curb (including sod and onsite dirt)
6,447
SF
$1.20
$7,736.40
6
7
Location 2 Hole 3
1
Sod Back Curb (including sod and onsite dirt)
7,500
SF $1.20
$9,000.00
8
9
Location 3 Hole 4
1
Roll Curb
377
LF
$22.00
$8,294.00
10
2
Sod Back Curb (including sod and onsite dirt)
6.800
SF
$1.20
$8,160.00
11
12
Location 4 Hole 5
1
Sod Back Curb lincluding sod and onsite dirt) 5 000
SF
$1.20 $6,000.00
13
14
Location 5 Hole i
1
Roll Curb
600
LF
$22.00
$13,200.00
15
2
Sod Back Curb (including sod and onsite dirt)
7,500
SF
$1.20
$9,000.00
16
17
Location to Hole 10
1
Square Curb
360
LF
$20.00
$7,200.00
181
2
Sod Back Curb (including sod and onsite dirt)
1,800
SF
$1.20
$2,160.00
19
20
Location 7 Hole 11
1
Sod Back Curb (including sod and onsite dirt)
5,000
SF
$1.20
$6,000.00
21
1
22
Location 8 Hole 13
1
Sod Back Curb (including sod and onsite dirt)
5.000
SF
$1.20
$6,000.00
23
24
1 Location 9 Hole 15
1
Square Curb
520
LF
$20.00
$10,400,00
25
2
Sod Back Curb (including sod and onsite dirt)
5,000
SF
$1.20
$6,000.00
26
27
Location 10 Hole 18
1
Add 12" Basin
1
EA
$600.00
$600.00
28
2
4" Pipe
500
LF
$10.00
$5,000.00
29
1 of 2
AttCfiRfelit�CtBiti3heet
IFB 23-040 Forest Creek Golf Club Improvements
R B
C
D E
F
30
1
Square Curb
275
LF
$20.00
$5,500.00
31
2
Sod Back Curb (including sod and onsite dirt)
1,000
SF
$1.20
$1,200.00
32
Total Cost
$119,458.40
33
34
Percent M rku this section will not be evaluated for cost but will become art of the resultin contract.
35
No.
Description
Percentage
1
Percentage (%) markup over cost for materials
10%
36
2
Percentage {%) markup over cost for equipment rentals
10%
37
38
COMPANY NAME:
Fleetwood Services LLC
39
40
SIGNATURE:���?^�
41
PRINTED NAME:
PHONE NUMBER:
Robert Fleetwood
469-865-4721
42
43
EMAIL ADDRESS:
robertfleetwoodservices.net
2of2
City of Round Rock
ROUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with Fleetwood Services, LLC for Forest Creek
Golf Club Improvements.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/20/2023
Dept Director: Chad McKenzie
Cost: $119,448.40
Indexes: Golf Course Revenue Fund
Attachments: Agreement with Fleetwood Services, LLC for Improvements at Forest Creek Golf
Club 09 28 23
Department: Sports Management & Tourism
Text of Legislative File CM-2023-251
Invitation for bid No. 23-040 - $119,448.40 - On the Authorized Purchases List
Cost. $119,448.40
Source of Funds: Golf Course Revenue Fund
City of Round Rock Page 1 of 1