R-2024-016 - 2/8/2024 RESOLUTION NO. R-2024-016
WHEREAS, the City of Round Rock ("City") has duly sought proposals for the purchase and
installation of play equipment and the demolition and removal of existing equipment at Settlement
Park, and for related goods and services; and
WHEREAS, Whirlix Design, Inc. has submitted the proposal determined to provide the best
value to the City considering the price and other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council desires to enter into an agreement with Whirlix Design, Inc. for
the purchase and installation of play equipment at Settlement Park,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase and Installation of Play Equipment at Settlement Park with Whirlix Design,
Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551,Texas Government Code, as amended.
RESOLVED this 8th day of February, 2024.
CRAI MOR ,Mayor
City 4f Roun ock,Texas
ATTEST:
City Clerk Dfpw�-q
'Daae Eaw", .J
0112.20242:4890-8121-9744
EXHIBIT
„A"
CITY OF ROUND ROCK
AGREEMENT FOR
PURCHASE AND INSTALLATION OF PLAY EQUIPMENT
AT SETTLEMENT PARK
WITH
WHIRLIX DESIGN. INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS AGREEMENT for the purchase and installation of play equipment and the
demolition and removal of existing equipment at Settlement Park, and for related goods and
services (referred to herein as the "Agreement"), is made and entered into on this the day
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 WHIRLIX DESIGN INC., whose offices are
located at 19161 K Avenue, Plano,Texas 75074 (referred to herein as "Services Provider").
RECITALS:
WHEREAS, City desires to purchase and installation services for play equipment at
Settlement Park;and
WHEREAS, City has issued its "Request for Proposal" (RFP) for the provision of said
services;and
WHEREAS, City has determined that Services Provider provides the best value to City;
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, sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows:
4873-7480-4628/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 sell
same. The Agreement includes the following: (a) City's RFP designated Solicitation No. 23-032
dated September 2023; (b) Services Provider's Response to the RFP; (c) contract award; and (d)
any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the
contract documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) Services Provider's Proposal; and
(3) City's RFP, exhibits,and attachments.
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 Whirlix Design, Inc., or any of its corporate structures,
successors or assigns.
2.01 EFFECTIVE DATE AND 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 the demolition of the existing play
equipment and the purchase and installation of all play equipment as 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.
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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
City selected Services Provider to supply the goods and services as outlined in the RFP
and as set forth in the Proposal submitted by Services Provider, all as specified in Exhibit "A."
The intent of these documents is to formulate an Agreement listing the responsibilities of both
parties as outlined in the RFP and as offered by Services Provider in its Proposal.
The goods and services which are the subject of this Agreement are described in Exhibit
"A"and, together with this Agreement, comprise the total Agreement and they are fully a part of
this Agreement as if repeated herein in full.
4.01 SCOPE OF WORK
All items in Exhibit "A" are awarded to Services Provider. For purposes of this
Agreement, City has issued documents delineating the required services (specifically RFP
Solicitation Number 23-032 dated September 2023). Services Provider has issued its response
agreeing to provide all such required services in all specified particulars. All such referenced
documents are included in Exhibit "A" attached hereto and made a part hereof for all purposes.
When taken together with the appended exhibits, 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 services described under the attached
Exhibit "A." Services Provider's undertakings shall be limited to performing services for the
City and/or advising City concerning those matters on which Services Provider has been
specifically engaged. Services Provider shall perform its services in accordance with this
Agreement, in accordance with the appended exhibits, in accordance with due care, and in
accordance with prevailing industry standards for comparable services.
5.01 COSTS
The City shall be authorized to pay the Services Provider an amount not-to-exceed One
Hundred Eighty Thousand and No/100 Dollars($180,000.00)for the term of this Agreement.
7.01 INVOICES
All invoices shall include,at a minimum, the following information:
A. Name and address of Services Provider;
B. Purchase Order Number;
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C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
8.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City'S bid, with the consent and agreement of the successful services
provider(s) and the City. Such agreement shall be conclusively inferred for the services provider
from lack of exception to this clause in the services provider's response. However, all parties
hereby expressly agree that the City is not an agent of, partner to, or representative of those
outside agencies or entities and that the City is not obligated or liable for any action or debts that
may arise out of such independently-negotiated"piggyback" procurements.
9.01 NON•-APPROPRIATION AND FISCAL FUNDING
This Agneerrient 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.
10.01 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 I of :he 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, a
subcontractor or supplier about the goods delivered or the service performed that
cause the payment to be late; or
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B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal Hinds; 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.
11.01 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.
12.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
13.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
It' Services Provider cannot provide the goods as specified, City reserves the right and
option to obtain the products or services from another supplier or suppliers.
14.01 INSURANCE
Services Provider shall meet all requirements as stated in the attached RFP and as set
forth at:
http://vvNvw.roundrocktexas. �o�p-contenUuploads/2014/12/corn insurance 07.201 12.pdi
15.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
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Eliana Geoffroy, Park Development Specialist
Parks and Recreation Department
301 West Bagdad Avenue, Suite 250
Round Rock,Texas 78664
(512)218-5450
e eQ offroyawroundrocktexas.eov
16.01 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.
17.01 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 make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance"section herein;or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
18.01 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.
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.
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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.
19.01 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.
20.01 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 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the 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.
C. In accordance with Chapter 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 a provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
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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.
D. In accordance with Chapter 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 a provision 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.
21.01 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.
22.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Services Provider:
Whirlix Design, Inc.
19161 K Avenue
Plano, Texas 75074
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
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Nothing contained herein shall be construed to restrict the transmission of routine
conimunications between representatives of City and Services Provider.
23.MI APPLICABLE LAW,ENFORCEMENT,AND VENUE
i This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necbssary by either party with respect to the enforcement of any or all of the terms or conditions
heroin, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
govrrned by and construed in accordance with the laws and court decisions of the State of Texas.
24.01 EXCLUSIVE AGREEMENT
i 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
agre ement of the parties hereto in writing, duly authorized by action of the City Manager or City
COL nci1.
25.61 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.
26XI 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
voic 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
beirg void should a provision which is of the essence of this Agreement be determined void.
27.(;1 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.
I 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
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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,Texas Whirlix Design, Inc.
By: By:
Printed Name: Printed Name: David Paquette
Title: Title: VP of Operations
Date Signed: Date Signed: 1/2/2024
Attest:
By:
Meagan Spinks, City Clerk
For City, Approved as to Form:
By:
Stephanie L. Sandre, City Attorney
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Exhibit "A"
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
REQUEST FOR PROPOSAL (RFP)
Community Development Block Grant (CDBG)
Settlement Park Playground
SOLICITATION NUMBER 23-032
SEPTEMBER 2023
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code 650-00/650-38/988-73
SEPTEMBER 2023
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) SETTLEMENT PARK PLAYGROUND
PART
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after"the City' seeks to contract with a qualified proposer to
provide all goods, labor, and services to remove, design, manufacture, and install playground equipment at
the City of Round Rock's Settlement Park (referred to as"Project"), as identified in the Request for
Proposals (RFP).
2. BACKGROUND: The Community Development Office improves the quality of life in existing Round Rock
neighborhoods by providing services to individuals and families by reinvesting in neighborhood
improvements. The City furthers community development through participation in the Department of
Housing and Urban Development Community Development Block Grant(CDBG) program. The CDBG
program emphasizes participation and representation of the target population(s). The City has used its
annual CDBG grant funds to provide housing programs, infrastructure, parks, entrepreneurial opportunities,
and public services to assist low-and moderate-income residents.
The estimated budget for this project is: $180,000.00.
3. 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, Page 6
and Insurance Requirements
Part III—Supplemental Terms and Conditions Page(s)7-9
Part IV—Scope of Work Page(s) 10- 14
Part V—Proposal Preparation Instructions and Evaluation Factors Page(s) 15-17
Attachment A—Reference Sheet Separate Attachment
Attachment B—Subcontractor Information Form Separate Attachment
Attachment C—Site Layout and Dimensions Separate Attachment
Attachment D—CDBG Bidder Instructions Separate Attachment
Attachment E—System for Award Management Registration Separate Attachment
Attachment F—Certification Regarding Debarment and Suspension Separate Attachment
Attachment G—W-9 Form 2023 Separate Attachment
Attachment H—Conflict of Interest Affidavit and Information Separate Attachment
Attachment I—HUD Certification of Bidder Regarding Equal Employment Separate Attachment
Opportunity
Page 2 of 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
Attachment J—Certification Designating Officer or Employee to Separate Attachment
Supervise Payment
Attachment K—Certification Regarding Clean Air and Water Separate Attachment
Attachment L—Certification Regarding Non-Lobbying Activities Separate Attachment
Attachment M —Non-Collusion Affidavit for Prime Bidder/Subcontractor Separate Attachment
Attachment N—MBE/WBE Information and Worksheet Separate Attachment
Attachment O—Section 3 Information and Certification Separate Attachment
Attachment P—DBLS Guide and Prevailing Wage Documentation Separate Attachment
Attachment Q —Federal Labor Standards Provisions Separate Attachment
Attachment R—Federal Contract Provisions Separate Attachment
Attachment S—Federal Register 2 CFR 200, Appendix II Separate Attachment
Attachment T—Utilities Plan Separate Attachment
4. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released September 14, 2023
Optional Pre-Proposal meeting September 26, 2023,10:00 AM CST
Deadline for submission of questions September 29, 2023 @ 3:00 PM, CST
City responses to questions or addendums Approx October 3, 2023 @ 3:00 PM, CST
Deadline for submission of responses October 17, 2023 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire in writing 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
5. 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.
6. OPTIONAL SITE VISIT AND INSPECTION:A site visit and inspection will be conducted to fully acquaint
Respondents with the facilities, difficulties and/or restrictions inherent in the services specified. site visit will
be conducted on the date specified in PART I, Section 3-Schedule of Events
Pa,,c3of17
City of Round Rock Exhibit "A"
CoMmunity Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Coi-nmodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
A. Attendance at the site visit is optional. Respondents shall sign-in at the pre-proposal meeting to
document their attendance. The site visit tour will enable Respondents to assess conditions, take
pictures and ask questions The site visit shall be held at-
Settlement
tSettlement Park
1401 David Curry Dr.
Round Rock, Texas 78664
B Respondents will be responsible for their own transportation for the site visit tour.
C. Respondents are strongly encouraged to bring a copy of the solicitation document with them to the pre-
proposal meeting/site visit
D. It is the responsibility of the Respondent to examine each facility and determine quantity, amounts, take
precise measurements, determine material requirements, equipment requirements, labor requirements
and other solicitation related details during said site visits.
7. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, on the due
date noted in PART 1, 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.
G. Late responses will not be considered
8. 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:
https//www.ethics.state.tx.us/whatsnew/eIf info form1295.htm
9. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of an offer, the
City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Offeror to the City
Official, Employee, City Consultant, or Evaluation Team member evaluating or considering the offers prior
to the time an award decision has been confirmed. Communication between an Offeror 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 offer. Ex parte communication may be grounds for
disqualifying the offending Offeror from consideration of award in evaluation or any future bid.
10' 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(CDroundrocktexas.gov.
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
Page 4 of 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
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
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 actions 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 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 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.
https//www.roundrocktexas.gov/city-departments/purchasing/. 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: https1/www.roundrocktexas.gov/city departments/purchasing/
Pa�-,c 6 of 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the
following:
A. The term of the Agreement shall begin from date of award and shall remain in full force until the City
has inspected and accepted the project.
2. PERFORMANCE BOND& LABOR& MATERIAL PAYMENT BOND:
A. Contractor shall post with City, within five(5)days of City's award of contract,a Performance Bond in
the amount of one hundred percent(100%)of the total contract price in such form as is deemed
satisfactory by City. This bond shall be executed by a corporate surety company duly authorized and
admitted to do business in the state of Texas and licensed to issue such bond in the state.
B. Contractor shall post with City, within five(5)days of Owner's award of contract, a Payment Bond in the
amount of one hundred percent(100%) of the total contract price in such form as is deemed
satisfactory by Owner. This bond shall be executed by a corporate surety company duly authorized
and admitted to do business in the state of Texas and licensed to issue such bond in the state.
C. In addition to the above requirements, if the amount of any bond exceeds One Hundred Thousand and
No/100 Dollars ($100,000.00), then the surety on such bond must also:
i. Hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety
on obligations permitted or required under federal law; or
ii. Have obtained reinsurance for any liability in excess of$100,000.00 from a reinsurer that is
authorized and admitted as a reinsurer in Texas and is the holder of a certificate of authority from
the United States Secretary of the Treasury to qualify as a surety or reinsurer on obligations
permitted or required under federal law.
In determining whether the surety on the bond or the reinsurer holds a certificate of authority from the
United States Secretary of the Treasury, City may conclusively rely on the list of companies holding
certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring
companies published in the Federal Register by the United States Department of the Treasury covering
the date on which the bond was executed.
D. Contractor must file, along with the Performance Bond and Payment Bond, all documents and
information necessary to establish that the agent signing the bond is authorized to write the bond in the
amount requested and, if applicable, that reinsurance requirements have been met, including limits and
ratings or other evidence of company solvency.
E. If the corporate surety company on any bond furnished by Contractor to City is declared bankrupt or
becomes insolvent or such corporate surety company's right to do business in the state of Texas is
revoked, then Contractor shall within five(5)days thereafter substitute another bond and corporate
surety company, both of which must be deemed acceptable by City
3. 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 design, manufacture,
and installation of playground equipment 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.
Page 7 of 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code 650-00/650-38/988-73
SEPTEMBER 2023
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.
4. 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.
5. LIQUIDATED DAMAGES: Contractor shall pay liquidated damages in the amount of Two Hundred Fifty and
No/100 Dollars (5250.00) per day for each day beyond the date established that the Contractor fails to
achieve substantial completion, and for which City is unable to utilize the improvements and facilities due to
the failure of the Contractor to have achieved substantial completion in accordance with the Agreement.
6. FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010): This Project to which the construction work
covered by this contract pertains is being assisted by the United States of America and the following
Federal Labor Standards Provisions are included in this Contract(Attachment P— DBLS Guide and
Prevailing Wage Documentation pursuant to the provisions applicable to such Federal assistance. A
contractor or subcontractor who is awarded a contract by the City shall pay not less than the rates set forth
in Attachment P—DBLS Guide and Prevailing Wage Documentation and comply with all applicable sections
of Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5.
For additional information regarding Labor Rates, please go to the following United States Department of
Labor website: https//www dol gov/agencies/wild/government-contracts/construction
7. RETAINAGE: The City shall withhold retainage pursuant to Section 2252.032 of the Texas Government
Code.
8. 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. In 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.
9. 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.
I'age 8 o f 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
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.
10. 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.
11. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five(5) working days.
The work and materials covered under this Contract shall be examined and reviewed by representatives of
all governmental entities which have jurisdiction, and the City's authorized representative. The awarded
respondent 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 vendor 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.
12. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term
13. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services/goods needed to
satisfy requirements within budgetary constraints, which may be more or less than indicated.
14. 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 https://roundrocktexas.bonfirehub.com once City Council has approved the recommendation of award
and the agreement has been executed.
15. POINT OF CONTACT/ 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:
Eliana Geoff roy
Parks Development Specialist
Parks and Recreation
Phone: 512-218-5450
E-mail: eaeoffroyCd)roundrocktexas.gov
C Do not contact the individual listed above with questions or comments during the course of the
solicitation.
Pac 9 of 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
PART IV
SCOPE OF WORK
1. OVERVIEW: This scope of work describes a service to provide the City with Playground Equipment as
specified. Services shall include, but not limited to the design, manufacturing, and installation of playground
equipment at the specified time and location. Playground equipment shall meet or exceed all requirements
as specked herein. Additionally, services shall include demolition and haul off of existing playground
equipment.
2. SUMMARY OF WORK: The Project shall include, but not be limited to the following:
A. Design of playground equipment to meet the intent of the Project as a fully accessible park to meet the
developmental and recreational needs of children of all abilities. Contractor shall be required to state
the number of ground, elevated, etc, elements on the units designed and/or proposed.
B. Contractor shall modify and/or revise the submitted design as determined by the City of Round Rock
representatives.
C. Manufacturing of playground equipment approved by the City and delivered to the site in the timeframe
specified.
D. Installation of playground equipment at the site and timeframe specified. Contractor shall be
responsible for all means, methods and materials required to provide the installation of the playground
equipment, as well as demolition and removal of existing playground equipment.
3. LOCATION REQUIREMENTS:
A. Services shall be performed at the following location.
Settlement Park
1401 David Curry Dr.
Round Rock, Texas 78664
B. The Contractor, at their own expense, keep the streets and roads free from dust, mud, excess earth or
debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of
adjacent properties.
C. The Contractor shall take care to prevent spillage on streets and roads over which hauling is done, and
any such spillage or debris deposited on streets, due to the Contractor's operations, shall be
immediately removed.
D. During construction,the Contractor shall keep the site free and clean from all rubbish and debris and
shall clean-up the site promptly when notified to do so by the City.
E. The Contractor shall coordinate with the City's representative any and all access or use of the Site prior
to commencement of the Contract.
F. The Contractor shall coordinate with the City's representative on the placement of the delivered
playground equipment and specified locations for installation of playground equipment.
G. The Contractor shall only use the area within their specifications of this contract.
H. The Contractor shall not use any City owned equipment for use in its operation.
I. The Contractor shall take all necessary precautions to preserve all existing trees, plants and shrubs but
where it is justifiable and necessary the Contractor may remove trees and plants for construction right-
of-way but only with approval of the City's representative.
J. The Contractor shall be responsible for the protection, reference and resetting of property corner
monuments if disturbed.
K. The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such
as rock, trees, brush and other unwanted backfill materials.
Page 10 of 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
L. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the
Contractor, and in case of destruction or removal during the course of this project, such stakes, marks,
property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense.
4. GENERAL PLAYGROUND DESIGN AND THEMING: The playground equipment shall be designed to
meet the intent of the Project to meet the developmental and recreational needs of children of all abilities.
All sizes and elements listed below are suggested elements/sizes and general in nature.
A. Size-Site layout and dimensions can be found in Attachment F—Measurement Drawing.
B. Design Obiective-a multi-use play area where children can interact/play that offers a range of
developmental and recreational elements, including but not limited to: swings, slides, pretend play
elements, tubes, motion play elements, climbing elements, overhead/upper-body elements, bridges,
and activity panels/elements. Shade elements are preferred, but not required.
C. Target Design Apes-Design shall include play features for ages 2-5 and 5-12 with appropriate signage.
5. PLAYGROUND EQUIPMENT REQUIREMENTS AND SPECIFICATIONS: All playground equipment shall
be designed, manufactured, and installed to meet or exceed the most current rules, regulations and
standards set forth by the following: American Society for Testing and Materials (ASTM),American with
Disabilities Act(ADA), Consumer Product Safety Commission (CPSC), and International Play Equipment
Manufacturers Association (IPEMA).
A. Material-All materials shall be structurally sound and suitable for safe play. Durability shall be ensured
on all steel parts by the use of time-tested coatings such as zinc plating, galvanizing, powder coat finish
or otherwise treated to prevent rust in the playground or similar outdoor setting. All materials shall meet
or exceed specifications below.
B. Fasteners/Hardware-Primary fasteners shall be socketed and pinned tamperproof in design, stainless
steel (SST) per ASTM F 879, yellow zinc di-chromate plated steel or otherwise specified. All primary
fasteners shall include a locking type material that prevents slippage, is tamper-resistant, and will meet
the minimum torque requirements of IFI-125. These may include lock nuts, nylon thread-locking patch,
liquid thread-lock or otherwise specified. Manufacturer to provide all special tools needed for fasteners.
C. Clamps-Clamps shall be die cast of high strength aluminum alloy. Tenzalloy is not acceptable as a
load bearing clamp material. Die casting operation shall be quality sampled every hour. Clamps shall
be provided as hinged assemblies to facilitate structure assembly. Clamp design shall eliminate all
string entanglement points at connection. Single bolt-fastening system with built-in threads to eliminate
t-nuts, if possible, and simplify installation. Clamps are to be permanently fastened to the support post
with a drive rivet to ensure a secure fit,eliminate disassembly and slippage. Clamps shall be finished
with a shot blast and a polyester powder coating. ASTM Specifications: B-85. Clamping devices that
use a"bolt though"design are not acceptable.
i. All clamps shall have the following mechanical properties:
• Ultimate Tensile: 47,000 PSI
•Yield Strength: 28,000 PSI
• Elongation: 7% in 2 inches
• Shear Strength: 29,000 PSI
• Endurance Limit. 20,000 PS
D. Steel Tubing(Posts)-Tubing shall be cold rolled, electric resistance welded tubing with a 5"outside
diameter x .120"wall thickness. Both the inside diameter and cut ends of tubing shall be sprayed with a
corrosion resistant coating. ASTM Specifications:A-135,A-500, A-513, E-8.
i. Steel Post Mechanical Properties:
•Tensile Strength (min): 55,000 PSI
•Yield Strength (min): 50,000 PSI
• Elongation. 25% in 2 inches
• Modulus of Elasticity: 29.5 x 106 PS
Page I l of 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
E. Aluminum Tubing(Posts) -Shall be extruded 6061-T6 or 6005-T5 extruded seamless aluminum tubing
with a 5" outside diameter(posts) x .125'wall thickness. ASTM Specifications: A-315, A-500,A-513, B-
221, QQ-A-200/8, E-8.
i. Aluminum Post Mechanical Properties:
•Yield Strength (min): 35,000 PSI
•Tensile Strength (min): 38,000 PSI
•% Elongation in 2 inches: 10
• Modulus of Elasticity: 10 x 106 PSI
F. Arch Posts-Aluminum arch posts shall be manufactured from 6061-T6 or 6005-T5 alloy with a 5"
outside diameter x .125"wall thickness. The arch shall be of one continuous piece construction. There
shall be no welds or additional pieces mechanically fastened to manufacture the arch.
G. Decks-All decks shall be of modular design and have 5/16"diameter holes on the standing surface
There shall be a minimum of(4) slots in each face to accommodate face mounting of components.
Decks shall be manufactured from a single piece of low carbon 12 GA(.105") sheet steel conforming to
ASTM specification A-569. The sheet shall be perforated with a return flange on the perimeter to
provide the reinforcement necessary to ensure structural integrity. There shall be no unsupported area
larger than 3.5 square feet .The unit shall then be coated. Decks shall be designed so that all sides are
flush with the outside edge of the supporting posts
H. Deck and/or Chain Coatings-Metal components such as decks and chains shall be coated. They shall
be thoroughly cleaned in a hot phosphatizing pressure washer,then primed with a water-based
thermosetting solution. Primed parts shall be preheated prior to dipping in UV stabilized, liquid polyvinyl
chloride(PVC), then salt cured at approximately 400 degrees. The finished coating shall be
approximately .080"thick at an 85 durometer with a minimum tensile strength of 1700 psi and a
minimum tear strength of 250 lbs/inch. PVC-free and phthalate-free coatings are also acceptable if the
product meets or exceeds similar technical specifications. Deck coatings shall be durable(UV stability
and impact resistance)and slip-resistant. The minimum coefficient of friction (per ASTM 1679)for deck
coatings shall be 0.50 to meet minimum ADA slip resistant standards.
I. Polyester(TG/C)Powder Coat Finish- Powder coating shall be electrostatically applied. All
components shall be free of excess weld and weld spalls. After fabrication all weld joints are to
thoroughly cleaned using a chipping hammer and wire brush to remove all weld slag from weld joint.
Prior to finishing, components shall be cleaned with a minimum three-stage alkaline bath and a ECLPS
2400 sealer for adhesion and rust inhibitor during the preparation process. Components are thoroughly
dried before being coated with polyester powder and are cured at temperatures between 3750 and 400°
F. Parts are then thoroughly dried, preheated and processed through a set of automatic powder spray
guns where a minimum .002"of epoxy primer is applied.A minimum .004'of architectural-grade Super-
Durable polyester TGIC powder is applied. The average finish film thickness is .006". Epoxy or hybrid
paints are not acceptable.
i. All powder coat finishes shall be formulated and tested per the following ASTM standards. Each
color must meet or exceed the ratings listed below:
• Hardness(D3363) rating 2H
• Flexibility(D522) pass 1/8" mandrel
• Impact(D2794) rating minimum 80 inch-pounds
• Salt Fog Resistance(13117 and D1654)4,000 hours and rating 6 or greater
• UV Exposure(G154, 340 bulb) 3,000 hours, rating delta E of 2, and 90 percent gloss retention
•Adhesion (D3359, Method B) rating 56
J. Rotationally Molded Plastic Parts—These parts shall be rotationally molded from color-compounded,
first quality, linear low density polyethylene. Dry-blended or molded-in resins are not acceptable.
Polyethylene shall be ultraviolet(UV) stabilized to UV-8 and have anti-static additives. Cross-sectional
design shall be a minimum .25" (6 mm) nominal thickness, double wall construction.ASTM
Specifications: D-1238(Melt Index), D-1505 (Material Density), D-638 (Tensile Strength), D-648 (Heat
Page 12 of 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
Distortion Temperature) D-790(Flexural Modulus), D-1693(Environmental Stress Crack Resistance),
D-2565 (Ultraviolet).
K. Sheet Plastic/Polyethylene Parts-These parts shall be manufactured from 3/4" high-density
polyethylene that has been specially formulated for optimum UV stability and color retention. Products
shall meet or exceed density of.933 G/cc per ASTM D1505. tensile strength of 2400 PSI per ASTM
D638. After machining process, all edges shall be free of burrs and/or sharp edges and points.
L. Installation Instructions—All shipments shall include a notebook or packet of order-specific, step-by-
step instructions for assembly of each component, including equipment assembly drawings,footing
dimensions, concrete quantity for direct bury components, fall height information, area required
information and detailed material specifications.
M. Maintenance Kit—An order-specific maintenance kit shall be provided for each structure order. The kit
shall include a second set of installation instructions, order-specific maintenance documentation and
recommendations such as how often to inspect, what to look for and what to do to keep the equipment
in "like-new"condition. The kit shall also include touch-up primer, order-specific touch-up paint for each
color used, appropriate deck coating touch-up, graffiti remover and additional installation tools for
tamper-proof or special fasteners.
6. MATERIALS AND WORKMANSHIP: No material which has been used by the Contractor for any
temporary purpose whatsoever is to be incorporated in the permanent structure without the written consent
of the City. Where materials or equipment are specified by a trade or brand name, it is not the intention of
the City to discriminate against an equal product of another manufacturer, but rather to set a definite
standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the
words"equivalent", "proper"or"equal to"are used, they shall be understood to mean that the item referred
to shall be"proper',the"equivalent"of,or"equal to"some other item, in the opinion or judgment of the
Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in
all cases fully equal to approved samples. Notwithstanding that the words"or equal to"or other such
expressions may be used in the specifications in connection with a material, manufactured article or
process, the material,article or process specifically designated shall be used, unless a substitute is
approved in writing by the Owner or Engineer, and the Owner or Engineer will have the right to require the
use of such specifically designated material, article or process.
7. CITY RESPONSIBILITIES: The City will-
A. Coordinate with the Contractor to schedule delivery times in relationship to other works performed by
the City's separate contractor.
C. Provide electrical outlets used to complete tasks.
D. Perform concrete flatwork, rockwork, site furnishings, asphalt paving, etc. associated with the design of
the Project.
E. Provide at CDBG appropriate signage at the site.
F. Review the proposed entrance and exit from the site.
G. Provide permits for structures.
8. CONTRACTOR RESPONSIBILITIES: The Contractor shall-
A. Be responsible for the design and manufacturing of the playground equipment per the Specifications
herein and delivered to the project site within the specified timeframe.
B. Be responsible for coordinating with the City's project administrator to establish best work schedule,
discuss any changes and/or delays with the project completion.
C. Provide all labor, materials, and equipment necessary to perform the service.
D. Be responsible for the installation of the playground equipment and all associated means, methods and
materials necessary to perform the installation including hauling off spoils.
Page 13 of 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
E. Be responsible for coordinating with the City of inspection points of work performed.
F. Clear the work site of all debris and trash accumulated or created as a result of the Contractor's work.
G. Be responsible for performing the work within the timeframe identified in the Respondent's proposal.
10. EXAMINATION OF WORK: The work covered under this Contract shall be examined and reviewed by
representatives of all governmental entities which have jurisdiction, and the City's authorized
representative. The quality of material delivered to the project location shall be to the satisfaction of the
City. It shall be the Contractor's responsibility for the construction methods and safety precautions in the
undertaking of this Contract.
11. NOTIFICATION:The Engineer and City must be notified a minimum of 24-hours in advance of beginning
construction, testing, or requiring presence of the Engineer, project representative, or City's representative.
12. TRADE NAMES: Except as specified otherwise, wherever in the specifications an article or class of
material is designated by a trade name or by the name or catalog number of any maker, patentee,
manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles
described or another equal thereto in quality,finish, and serviceability for the purpose intended, as may be
determined and judged by the Owner or Engineer in his sole discretion.
Page 14 of 17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
PART V
PROPOSAL PREPARATION INSTRUCTIONS
AND EVALUATION FACTORS
1. PROPOSAL ACCEPTANCE PERIOD: All proposals are valid for a period of one hundred and twenty (120)
calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in the
proposal.
2. PROPOSAL RESPONSE: Responses shall be clear and concise while appropriately responding to the
evaluation criteria listed below in Section 3. 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//roundrocktxvendors munisseIfservice.com/Vendors/defauIt.aspx
Proposal Submittal Instructions: The Respondent shall include all of the following documents in their
response-
F] Attachment A- Reference Sheet
❑ Attachment B- Subcontractor Form(if applicable)
❑ Acknowledged Addenda (if applicable)
❑ Company Information-which gives in brief, concise terms, a summation of the proposal. Include the
following-
Business Organization: State full name and address of your organization and identify parent company if
you are a subsidiary. Specify the branch office or other subordinate element which will perform, or assist
in performing, work herein. Indicate whether you operate as a partnership, corporation, or individual.
Include the State in which incorporated or licensed to operate.
Project Management Structure: Provide a general explanation and chart which specifies project
leadership and reporting responsibilities; and interface the team with City project management and team
personnel If use of subcontractors is proposed, identify their placement in the primary management
structure, and provide internal management description for each subcontractor.
Authorized Negotiator: Include the name, email address, and telephone number of the person(s) in your
organization authorized to negotiate Contract terms and render binding decisions on Contract matters.
(_] Segment requirements listed below.
❑ A statement of your compliance with all applicable rules and regulations of Federal, State and Local
governing entities.
❑ A written guarantee from manufacturer of the proposed product against all defects in material and/or
workmanship.
❑ MSDS and Product Data Sheets, and proof that the proposed product meets or exceeds the
specifications contained in this proposal.
❑ All federally required documents listed in Attachment D—CDBG Instructions.
❑ The City will except up to two(2) options for this RFP from each respondent. Separate segment 1 and 3
files should be uploaded into Bonfire for each option. Each option must be clearly labelled.
❑ List of Exceptions(if any)- Be advised that exceptions to any portion of the Solicitation may jeopardize
acceptance of the Proposal by the City. Exceptions to this solicitation if any, shall be submitted on a
separate sheet labeled "Exceptions"with the Respondent's proposal.
3. EVALUATION CRITERIA:
A Segment 1 —Respondent's Playground Design Equipment Installation &Timeline
i. Playground Design Concept: Present your vision of the playground design in detail. Present the final
design in 3D with multiple angles and overhead CAD drawings.
ii. Playground Equipment Installation and Timeline: Describe in detail all the pieces of playground
equipment. Describe your plan for removal of the existing playground equipment and installation plan
for the new playground equipment and. Include such time-related displays, graphs, and charts as
necessary to show tasks, sub-tasks, milestones, and decision points related to the Scope of Work
and your plan for accomplishment. Specifically indicate:
Page 15 of 17
City of Round Rock Exhibit "A"
Community Development Block Grant (CDBG) Settlement Park Piayground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
1) A description of each piece of playground equipment. Detail the age groups and activities
each of piece of equipment and why it is a good fit for this park.
2) The technical details for each piece of playground equipment. Include any relevant details on
the manufacturing process. Indicate specifications noted in the Scope of Work.
3) Provide a timeline for the design, manufacture, removal of the existing playground
equipment, and installation of the new playground equipment for this project. Indicate
possible hurdles and delays.
4) The points at which written, deliverable reports will be provided.
5) The amount of progress payments you are requesting upon successful completion of
milestones or tasks, deducting ten percent (10%), which will be paid upon final acceptance by
the City.
B. Segment 2—Company Work Experience and Personnel
i. Prior Experience: State the number of years the Respondent company has been providing the
services requested in the solicitation. Describe only relevant municipal, corporate, and individual
experience for the company and personnel who will be actively engaged in the project. Do not
include corporate experience unless personnel assigned to this project actively participated. Do not
include experience prior to 2014. Supply the project title, year, and reference name, title, present
address, and phone number of principal persons for whom prior projects were accomplished.
ii Personnel: Include names, qualifications, and resumes of all key personnel(project managers,
designers, etc.)who will be assigned to the account. State the primary work assigned to each
person and the percentage of time each person will devote to this work. Identify key persons by
name and title.
E Segment 3—Cost Proposal: Information described in the following subsections is required from each
Proposer. Your method of costing may or may not be used but should be described. A firm fixed price
or not-to-exceed Contract is contemplated, with progress payments as mutually determined to be
appropriate Describe the following costs:
i. Design and layout of the playground.
ii. Additional design requests made by the City.
iii. Design and manufacturing of all playground equipment included in the design.
iv. Delivery of playground equipment.
v. Installation of the playground equipment.
vi. Removal and disposal of existing playground equipment.
vii. Manpower. Itemize to show the applicable category of personnel with separate hourly rate.
viii. Total (not to exceed) Cost.
4. EVALUATION SCORING: The intent of the City is to award to one Respondent in accordance with the
evaluation criteria below. The purpose of this evaluation criteria is to determine which proposal best meets
the requirements and provides the best overall value to the City.
A Evaluation Criteria: Weights:
• Playground Design, Equipment, Installation &Timeline(Segment 1) 60 pts
• Company Work Experience and Personnel (Segment 2) 20 pts
• Cost Proposal (Segment 3) 20 pts
Maximum Weight: 100 pts
B An evaluation committee will be established to evaluate the proposal. The committee will include
employees of the City and may include other impartial individuals who are not City employees. The
evaluation committee will determine if discussions and/or Best and Final Offers (BAFO) are necessary.
Award of a contract may be made without discussions or BAFO, if in the best interest of the City. The
evaluation committee may determine that discussions are necessary to clarify or verify a written proposal
response. The City may, at its discretion, elect to have respondents provide oral presentations of their
proposal. The City reserves the right to rescore an offer based on provided demonstrations. A request
for a BAFO is at the sole discretion of the City and will be requested in writing. The evaluation committee
will evaluate the finalists and make a recommendation for award.
Pagc 16 of'17
City of Round Rock Exhibit "A"
Community Development Block Grant(CDBG) Settlement Park Playground
RFP No. 23-032
Commodity Code: 650-00/650-38/988-73
SEPTEMBER 2023
C. The City reserves the right to reject any or all proposals submitted, or to award to the respondent who in
the City's opinion, offers the best value to the City. The City also reserves the right to cancel the RFP
process and pursue alternate methods for providing the requirements.
D. The City reserves the right to conduct studies and other investigations as necessary to evaluate any
proposal.
E. The City reserves the right to waive any minor technicality, irregularities, or informalities noted
in the submission process. Submission of proposal confers no legal rights upon any
Respondent.
F The City reserves the right to request further documentation or information and to discuss proposal
response with any Respondent in order to answer questions or to clarify any aspects of the proposal.
G. The City may develop a "short list" of qualified proposal and may determine that the
Respondent(s) should submit a Best and Final Offer(BAFO). Each"short listed" Respondent will be
given a reasonable opportunity for discussion and revision of their proposal.
5. AGREEMENT NEGOTIATIONS AND AWARD PROCESS:
A. A proposal presented in response to this RFP is subject to negotiation concerning any issues deemed
relevant by the City. The City reserves the right to negotiate any issue with any party. Any unsolicited
communication by the Respondent to a City official, undesignated employee, or an evaluation team
member evaluating or considering the offers may be grounds for disqualifying the offending Offeror from
consideration of award.
B Submission of proposal indicates the Respondent's acceptance of the evaluation process and recognition
that the City may make subjective judgments in evaluating the proposal to determine the best value for
the City.
C. If negotiations are successful, the City and Respondent may enter into an agreement. If negotiations are
unsuccessful, the City may formally end negotiations with that Respondent.
D. The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most
advantageous, or to waive any irregularities or informalities in the submittal received.
E An independent signed authorized Contract will be sent to the successful Respondent(s). Execution of a
City of Round Rock contract is required prior to starting work and processing any payments to the
Contractor.
6. POST AWARD MEETING: The City and the Respondent may schedule a post award meeting to discuss, but
not be limited to the following:
A. The method to provide a smooth and orderly transition of services performed from the current Contractor.
B. Provide City contact(s) information for implementation of the Agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
Page 17 of 17
Exhibit"A"
Settlement Park Playground
1401 David Curry Dr.
Round Rock, TX 78664
City of Round Rock
Eliana Geoffroy
egeoff roy@ round rocktexas.gov
512-218-5450
Project Name: Settlement Park Playground W h i rl ix .'
Job Location: 1401 David Curry Dr. I Rep:Josh Bailey I Date: I Client Initial Always in MotionT - '
Exhibit"A"
Playground Design #2
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Playground Design #2
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Project Name:Settlement Park Playground
Whirlix
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Exhibit"A"
Playground Design #2
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structure:
Project Name:Settlement Park Playground
Wh i rl ix s,
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Exhibit"A"
Playground Design #2
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budscaeo Alw•p lw Nari•n tkr r'
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Project Name:Settlement Park Playground
1 Yg Whirl ix � '�s.,
Always in Motion
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Exhibit"A"
Playground Design #2
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Project Name:Settlement Park Playground
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Alpha® Tower
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Sensory Systems Engaged Motor Skills Cognitive Skills Social Skills
Vestibular+ Agility,Balance, Problem Solving Cooperation
Proprioception Coordination, Endurance, Strategic Thinking Social Skill Development
Tactile Eye-Hand Coordination, Imaginative Play
Visual Flexibility,Motor Planning,
Fine Motor,Core. Lower&
Upper Body Strength
The Alpha Tower provides children with multiple ways to climb into the world of their imagination. Children will have to
use fine and gross motor skills to successfully motor plan their way up into this multi-story climber. Children are
rewarded with multiple views of the world beyond them. Once inside children will find multiple
areas to hangout or can use the slides to zip back down to the earth below.
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Vestibular+ Balance,Coordination. Problem Solving Cooperation
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Tactile Strengti), I,lotor Planning Imaginative Play
Visual
The Oodle Swing is designed to encourage social play while swinging. A child can easily transfer from a mobility device
into the Oodle Swing and its shape allows children to sit or lay together in different ways while providing support.
The Oodle Swing's larger size allows adults and children to swing together. Cooperative play is needed
to make the swing go,encouraging children of all abilities to work together to swing. 41
landscape
2019 n Kanics Inclusive Design Services,LLC nructuros
Project Name:Settlement Park Playground ''-N
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Smart Play® Motion
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Proprioception Coordination, Flexibility, Strategic Thinking Social Skill Development
Tactile Fine Motor,Eye-Hand Imaginative Play
Visual Coordination, Motor
Auditory Planning,Core, Upper&
Lower Body Strength
The Smart PloyO Motion has 16 interactive activities addressing developmentally-appropriate skills these include the Inclined
Tunnel,Leaf Shape-and-Fit, Wiggle Ladder, Slide,Shape-and-Fit Table,Leaf Trail,Race Car/Roller Track,Numbers Climber,
Ring-a-Bell,Marbles,Bongo Panel,Bead Panel,Steering Wheel,Steppers, Alphabet Panel and a Play Table with Seats.
It will keep children ages 2-5 years old engaged for hours as they explore through play,
developing their body,mind and social skills. J�L1
landscapo
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Project Name: Settlement Park Playground Whirl ix��k'�sfi�i
Job Location: 1401 David Curry Dr. Rep:Josh Bailey I Date: I Client Initial Always in Motion '� Ttt
Saddle Spinners
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Sensory Systems Engaged Motor Skills Cognitive Skills Social Skills
Vestibular+ Balance.Core&Lower Problem Solving Cooperation
Proprioception Body Strength Social Skill Development
Imaginative Play
The saddle spinner enables children to playwith their vestibular system as they experience the rotational pull of gravity.
The angled seat allowschildren to spin and rotate alone or with the help of a friend. Saddle spinners are often
included in groups of two or three set at different heights. This ensures that children fired their"just right"
height seat. Some children will prefer a lower seat so that they can keep their feet in
contact with the ground while other would prefer to have
their feet olf the ground and spin really fast.
411
landscapo
20191m Kanics Inclusive Design Services,LLC vru t.—
Project Name:Settlement Park Playground '"N'�
Whirlixr
Job Location: 1401 David Curry Dr. Rep: Josh Bailey I Date: I Client Initial Always in Motion � �_,,
Exhibit"A"
WANDER EVAN DER PLAYSCAPES LLC
TIMELINE FOR DEMO AND CONSTRUCTION
Project:Settlement Park 0101
Installation Play Structure:7-10 days
Demolish and haul off existing playgrounds.2-5&5-12:2-3 days
Remove and haul off existing EWF from both playgrounds oprox
4.142 sf:2 days
Orange fence: 1 day
Sod seeding path:'/,day
Tie into existing drainage system:2 days
Replenished necessary pea gravel for playground: 1 day
Delay: Time may vary depending on weather conditions
170 Baker ui.Leandef.IX 79G41 11h.210-255.9130
Project Name: Settlement Park Playground &
Whirlix,�alll
Job Location: 1401 David Curry Dr. I Rep:Josh Bailey I Date: I Client Initial Always in Motion �*f'
ProShield Colors Exhibit"A"
For posts/arches,components and clamps.ProShield finish combines a specialty formulated primer with a
high-ouahty,arCh,tectural-grade powdercoat top layer.The result is enhanced longevity,greater protection
against LIV rays.pre".ration from corrosion.and improveo proouct performance Custom colors are available
for an aodltlonal r•harnn
&oem Gey
Learn more about our Color Inspiratlons at playlsl.com/color-Insplratlons
O Steel flacks The heaviest Steel-Reinforced
inockesdecks for long•lasnng Cables Made of toothily
safety"Zoe-formed from woven.poi
12•a steel with safe. Tonde►Tuff"Coatis dgatawraof-
Jaarge 9 •n-atrantled galvandad-
rounded corners.Reinforced For swing chains,handholds.pope Steel Cable Thele at--ri-
wdh.105'a 2'nos welded on barrows,wheels.rings.etc.Insulates resistant,color•stawe canlns
cross for superior strength and andmst tinnevides a safe,e.tremes are e,i,e to durable and
a consistently/oat surface and DrovodW.a safe,grip wrtece yard al resistant
compared to painted metal.
Polyethylene For sides,tunnels,roofs,etc.The heavy-duty rotalronally molded polyethylene material
ensures ancnmh and.Buffdurability while remand corn q.finding odor and rseelmQ '!)corm.Sre/asm.Limon.Lea/.
_.
Stile.Brick.7,mgonna•.Buttercup.Granite and Acorn am color bends.
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Skyways and Coorroppori Shade Fabrics
M Designed to block uo to 971;of Uv rays and seep playground terneeratutes u•to 30 degrees cooler
Permalene'Color Panels Polycarbonate Panels
a smart ftanels w
permalrl f1.:.1.lA.r.1i14 ri,,�
anci dh a reCyCMd cora are thrnce for your Hedra product line option.Translucent
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the distinctive black core results from combinmg and recycling well as light and color play ..�I.i., ..
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Project Name:Settlement Park Playground
W h i r I i x
Job Location: 1401 David Curry Dr. I Rep:Josh Bailey I Date: I Client Initial Always in Motion ilk,
Pick your palette Exhibit"Aii
lei
Tour throughcarefully curdled palettes and discover now color can tie your whole playground together All
of our colors take a cue from nature—from green trees and blue sky to-metals.birds.spices.fruit+and
or _
me—to create vibrant hues that stimulate the senses and perfectly coordinate with the outdoors
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Project Name:Settlement Park Playground Whirlix
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Project Name:Settlement Park Playground Whirlix
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Exhibit"A''
Warranties & Certificates
Project Name:Settlement Park Playground Wh i rl ix'r�s.K,
Job Location: 1401 David Curry Dr. I Rep:Josh Bailey I Date: I Client Initial Always in Motion
T +'
Exhibit"A" tt
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Project Name:Settlement Park Playground Wh i rl ix
Job Location: 1401 David Curry Dr. I Rep:Josh Bailey I Date: I Client Initial Always in Motion q
Exhibit
Orion Registrar, Inc. Orion Registrar, Inc.
Thorough and Fair Auditing �, Thorough and Fair Auditing
Certificate of Certification Certificate of Certification
This is to certify the Quality Afanagement System of This is to cedrty the Environment.,#,Management System or
Landscape Structures Inc. Landscape Structures Inc.
601 7th Street South 601 71h Street South
Delano,MN 55328 USA Delano,MN 55328 USA
Has been assessed by Orion Registrar and found to be in Has been assessed by Orion Hegisfrar and found to be in compliance
compliance with the foltowing Oualtry Standard with rhe following Fnvrronmenfaf Management Standard-
ISO 9001:2015 ISO 14001:2015
The Ouahty Afanagement System is applicable to- The Environmental Afanacement System is appiicaWe to.
The design and manufacturing of playground equipment including The design and manufacturing of playground equipment including
Product Development,Sales.Marketing,Pro-Sale Design.Order Product Development,Sales.Marketing,Pro-Sale Design.Order
Engineering,Purchasing.Receiving,Planning,Manufacturing Engineering,Purchasing.Receiving.Planning.Manufacturing
(Fabrication,Welding.Powder Coat Painting.PVC Coaling,CNC (Fabrication,Welding,Powder Coat Painting,PVC Coating,CNC
Routing,Rotational Molding,Concrete Operations,Assembly,and Routing,Rotational Molding.Concrete Operations.Assembly.and
Packaging),Shipping.Maintenance.F)nance,Information Packaging).Shipping,Maintenance.Finance,information
Technology.Human Resources and other Administrative Functions. Technology.Human Resources and other Administrative Functions.
The Certification period is from The Certification period is from
November 16,2020 to November 28,2023 November 16,2020 to November 28,2023
This certification is subject to MP r•mpany rrimnlaining its system to the Thr,cervfiraUon is subtect to the company maintaining its System to tho
required standard.and applicable ercephons.which wilt be monitored by Orion recuored standard and applicable eicephons,which will bo monitored by Orion
Client ID 355 Certificate ID 1020546 Client ID 355 Certificate ID 1020545
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730:W 80ei Av~.Sufe,S A•30.i Cobram 80000.39'303356-6010 FAX 30-4M-66611 Hw'w OnbMvaNe mm "<C::Y e—,Al—, .A•vada.CoAwado a0o031303.44(-5010,FAX?0.1 Jsr-6,eq•;wu..M:vu v.iv,,.•rn.rr
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Project Name:Settlement Park Playground
Whirlix�
Job Location: 1401 David Curry Dr. I Rep:Josh Bailey I Date: I Client Initial Always in Motion �'txxl,,
'�_.
Exhibit"
r
Orion Registrar. Inc. Orion Registrar, Inc.
Thorough and Fair Auditing �' Thorough and Fair Auditing
Certificate of Certification Certificate of Certification
This e5 to reRiry the Quality Af.lnagement System of wi:fv'h.. system of
Landscape Structures Inc. Landscape Structures Inc.
8131 Forrey Road 8131 Forney Road
Dallas.TX 75227 USA Dallas,TX 75227 USA
His been assessed by Orron Registrar and found to be in Has Deen assessed by Oran Regestror ane found to be m compoiark e
comdrance win ffw foffowng Qualify Standard with the fotlowmp Errnronmerttar Management Sfand lyd
ISO 9001:2015 ISO 14001:2015
The Quality ldanagente.rf SV5fem i5 aDDAeab!e fo Thi Ervwronmenr,tl to
Design and Manufacturing of Shade Structures and Design and Manufacturing of Shade Structures and
Playground Equipment Including Product Development. Playground Equipment including Product Development.
Engen"ting(Design and Structural).Purchasing.Receiving, Engtr~ng(Design and Structurall.Purchasing,Receiving_
Manufacturing(Fabrication,Welding,Fabric Sewing,Painting. ManutWunng IFabrication.Weiamg,FaMlc Sewing.Painting.
and Packa(ling).Shipping,and other Administrative Functions. and Pacaagingl.Shipping.and other Administrative Functions.
Ler CeiNication Cental!s from •. •.t"•' , ,tram
November 16,2020 to January 7.2024 November 16,2020 to January 7.2024
This certrffCallon is SubfeCi to the company maintmning ifs system to the rhes cem.acatan is suofect to fie cornpsrrr mainraervnp its system to the
required stanaird.and applicable exceptions.which will be monitored by Orton reowf"d Standard aria AOOJC8040 arcelob m.WffiM will be monitored by Oran
ClentlD 355 CertlicateID 1020548 Clwf!1D' 355 Certificate ID 1020547
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Project Name:Settlement Park Playground
Whirlix I
Job Location: 1401 David Curry Dr. I Rep: Josh Bailey I Date: Client Initial Always in Motion ' ` �.
Exhibit "A"
Whirlixf
Always in Motion ' s
Option #2
Date: October 17`h,2023
Project: RFP 23-032 CDBG Settlement Park Playground
Location: 1401 David Curry Drive,Round Rock TX 78664
To: The City of Round Rock Procurement
Proposal Expires: 30 Days from The Above Date
Please note that current fluctuations in material pricing may cause a proposal increase between now and
The acceptance of this agreement.
Series: Landscape Structures
Surface: Engineered Wood Fiber
Installation: Included Per The Proposal Inclusions&Exclusions
Quantity/Sizes: Noted Below
Bid:$180,000
(One Hundred Eighty Thousand Dollars and Zero Cents)
Base Bid Includes:
o Landscape Structures design concept 02-01
o Alpha Tower
■ Tower has 12 ft.tall WhooshWincier Slide
■ Tower has 8 ft.double Swoosh Slide
1 total—Codle Swing
0 1 total—Smart Play Motion With Play Table for 2-5 yr.olds
• 1 total—Saddle Seat Spinner
o Final colors TBD
o Freight/Delivery
o Installation
o Site fencing(orange safety fence on T posts with safety caps)
o Demo and haul off-existing playground equipment
o Demo and haul off-existing EWF surfacing
o Tie into existing drainage system(if necessary)
o Seeding disturbed areas of travel(no watering/no sod)
o New geotextile fabric with install
o Materials and install new EWF safety surfacing
o Prevailing Wage/Certified Payroll
o Performance&Payment Bond
Base Bid Excludes(unless otherwise noted):
o Drainage(see drainage note above)
o Drilling Through Rocky Soil
o Hitting of New or Existing Sprinkler pipes
o Hitting of Private Electric,Water,Sewer,Internet,or any other Utility Lines that are Not
Detectible by Commercial Line Location.
o Sod Replacement due to Reasonable Path of Travel to Project or Play Area Location. We need
access to project location. (See seeding note above)
o Surveying of Site
o Craning of Equipment
Whirlix Design Inc.
1751 International Parkway,Suite 131
Richardson,Ta 75081
Exhibit "A"
Whirlix
Always in Motion11
y !� Option #2
o Logistical Issues that Prevent Truck or Equipment Access to Site
o Special Augers or Drilling Equipment
o Setting of Control Points or Benchmarks
o Remobilization Charges Due to Weather or Project Delays
o Offsite Storage of Equipment Due to Weather or Project Related Delays
o On Site Security
o Permitting and Inspections
o Soil Testing(If Required)
o Third Party Inspections
o Metal construction fence
o Dumpster
o Latrine on Site
o Geotechnical Report
o Wet Stamped Engineering Drawings
o Mock-Ups
o Sales Tax
o Textura,Oracle,etc.
o Professional Liability Insurance
o Construction Management Software Required for a Specific Project
o Use of Credit Cards as Payment
Terms:Net 30 for Existing Customers. All new customers are subject to a credit check and
Possible deposit.
Payment terms will be based,in part,on credit review that is pulled from The Experian Business
Division.
Pursuant to Tex Prop Code§53.159,Whirlix will need any and all Bond information at the time of
Signed Proposal,Contract,and/or Deposit.
All taxes now or hereafter levied by federal,state or local authority upon the sale of any of the forgoing products to be
paid for by the purchaser. All quotations are subject to the conditions printed on the following pages if any and when
accepted are subject to the approval of an officer of this company.
Prepared by Josh Bailey•Whirlix Design Inc-§bailey@whirlix.com•512-225-4314
Acceptance of Approval: The above prices,specifications,and conditions are satisfactory and accepted. You are hereby
authorized to provide all items described above. Any balances not paid within thirty(30)days of the date of the invoice shall
accrue interest at the rate of 18%per annum. Any action to construe,declare or enforce this contract shall only be brought in a
court of competent jurisdiction with venue lying solely and exclusively in Dallas County,Texas. The prevailing party in any action
brought to construe,declare or enforce this contract shall be entitled to recover its actual attorney's fees,attorney's travel time
charges and expenses,paralegal fees,computer access and utilization charges,expert witness fees and expenses,costs,expenses
and expenses of investigation,discovery,and litigation. The parties to this contract expressly waive the right to trial by jury of any
cause of action or defense pertaining to this contract.The above prices,specifications,and conditions are satisfactory and
accepted. You are hereby authorized to provide all items described above.
Date: Signature:
Whirlix Design Inc.
1751 International Parkway,Suite 131
Richardson,TX 75081
Exhibit "A"
ATTACHMENT B
SUBCONTRACTOR INFORMATION FORM
COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: ��—v ✓� sed '`' 51
RESPONDENT'S NAME: 7CO3k, 3010�t - 1,A)Z(tX DATE:
1>S6-1
• CIRCLE ONE- NO, I WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT NO
YES, I INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT YES
If yes complete the information below
1. Subcontractor Name Evander Playscapes LLC.
Name of Contact Fernando Rico
E-Mail Address femando@evander.org
Address 170 Baker Ln.
City, State, Zip Code Leander, TX 78641
Telephone Number ( 210 ) 255-9130 Fax Number: ( )
Describe work to be Demolition of existing playground and installation of new
performed playground
Percentage of contract 100%
work to be performed
2. Subcontractor Name
Name of Contact
Title of Contact
E-Mail Address
Address
City, State, Zip Code
Telephone Number ( ) Fax Number: ( )
Describe work to be
performed
Percentage of contract
work to be performed
• Add additional pages as needed
Exhibit "A"
L"
EVANDER
EVANDER PLAYSCAPES LLC
Evander No
Evander Playscapes started operations in 2019.The owners are Jose and Fernando
Rico, who decided to join their skills and talents to consolidate a company that
installs play structures, playgrounds, shades and site furniture.
Since then,we have installed more than 200 playgrounds and structures.
Installations costs on pasts projects have ranged between $2,500 up to $120,000.
These playgrounds and structures have been placed in schools, parks, community
spaces, private homes and clubs.
Evander Playscapes core values include high quality installations, safety and high
level of customer service.
We are distinguished by the commitment, dedication, care and effort we give into
each of our projects.
170 Baker Ln. Leander,TX 78641 Ph.210-255-9130