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CM-2024-084 - 3/15/20244868-4458-3592/ss2 CITY OF ROUND ROCK AGREEMENT FOR COURT RESURFACING AT HIGH COUNTRY PARK WITH TMG CONTRACTING, LLC THE STATE OF TEXAS § § CITY OF ROUND ROCK §KNOW ALL BY THESE PRESENTS: § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS AGREEMENT for High Country Park court resurfacing through the (referred to herein as the “Agreement”), is made and entered into on this the _____ day of the month of ____________________, 2024 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 TMG CONTRACTING, LLC, with a mailing address of P.O. Box 415, Hutto, Texas 78634 (referred to herein as “Services Provider”). RECITALS: WHEREAS, City desires to purchase certain services, specifically, court resurfacing at High Country Park; and WHEREAS, City has issued a “Request for Quote” for the provisions of said services; and WHEREAS, City has determined that the Quote submitted by Services Provider is the lowest responsible bid; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: March 22nd CM-2024-084 2 1.0 DEFINITIONS A.Agreement means the binding legal contract between City and Services Provider whereby City is obligated to buy specified goods and services and Services Provider is obligated to sell same. The Agreement includes the Services Provider’s Proposal, attached as Exhibit “A,” and incorporated herein by reference and all additional exhibits described herein and attached hereto. B.City means the City of Round Rock, Williamson and Travis Counties, Texas. C.Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D.Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E.Goods mean the specified supplies, materials, commodities, or equipment. F.Services mean work performed to meet a demand or effort by Services Provider to comply with promised delivery dates, specifications, and technical assistance specified. 2.0 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 completion of the court resurfacing work as described in Exhibit “A.” C.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. 3.0 CONTRACT DOCUMENTS The Contract Documents shall consist of: 1) this Agreement; 2) the Services Provider’s Quote (“Exhibit “A’); and 3) any additional exhibits described herein and attached hereto. 3 4.0 SCOPE OF WORK Services Provider shall satisfactorily provide all goods and complete all services described in Exhibit “A.” This Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Services Provider shall satisfactorily provide all deliverables and services described in Exhibit “A” within the contract term specified. A change in the Scope of Services must be negotiated and agreed to in all relevant details and must be embodied in a valid written Supplemental Agreement executed by both parties. 5.0 CONTRACT AMOUNT In consideration for the deliverables and services related to the deliverables, the City agrees to pay Services Provider Twenty One Thousand Four Hundred Fifty and No/100 Dollars ($21,450.00) for the goods and services set forth in Exhibit “A.” 6.0 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Services Provider; B. Purchase Order Number; C. Description and quantity of items received or services provided; and D. Delivery or performance dates. 7.0 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City’s current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City’s budget for the fiscal year in question. City may affect such termination by giving Services Provider a written notice of termination at the end of its then current fiscal year. 8.0 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, 4 whichever is later. Services Provider may charge interest on an overdue payment at the “rate in effect” on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not apply to payments made by City in the event: A.There is a bona fide dispute between City and Services Provider, a contractor, subcontractor or supplier about the goods delivered or the service performed that cause the payment to be late; or B.The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C.There is a bona fide dispute between Services Provider and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or D.Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.0 GRATUITIES AND BRIBES City may, by written notice to Services Provider, cancel this Agreement without liability to Services Provider if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Services Provider may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.0 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Services Provider’s charges. 11.0 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS If Services Provider cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 12.0 CITY’S REPRESENTATIVES City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: 5 Eliana Geoffroy Park’s Development Specialist 301 W. Bagdad Avenue, Suite 250 Round Rock, Texas 78664 (512)218-5450 egeoffroy@roundrocktexas.gov 13.0 INSURANCE Services Provider shall meet all City of Round Rock Insurance Requirements set forth at insurance requirements as required by the City’s Purchasing Department as set forth at: http://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr_insurance_07.20112.pdf 14.0 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party’s intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.0 DEFAULT If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Services Provider agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Services Provider shall be declared in default of this Agreement if it does any of the following: A.Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; B. Fails to provide adequate assurance of performance under the “Right to Assurance” section herein; or C.Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.0 TERMINATION AND SUSPENSION A.City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days’ written notice to Services Provider 6 B.In the event of any default by Services Provider, City has the right to terminate this Agreement for cause, upon ten (10) days’ written notice to Services Provider. C.Services Provider has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D.In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City’s delivery of the referenced notice to Services Provider, Services Provider shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Services Provider shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Services Provider that portion of the charges, if undisputed. The parties agree that Services Provider is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17.0 INDEMNIFICATION Services Provider shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney’s fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Services Provider, or Services Provider’s agents, employees or subcontractors, in the performance of Services Provider’s obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Services Provider (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 18.0 COMPLIANCE WITH FEDERAL REQUIREMENTS The project described herein is being assisted by the United States of America. Services Provider acknowledges and agrees that this is a federally assisted project, and as such, Services Provider shall comply with all such requirements. Said requirements include, but are not limited to, Federal Labor Standards Provisions (HUD4010) and David-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5. 19.0 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. . 7 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 written verification from the company that it: (1) does not boycott Israel; and (2) and will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of Services Provider verifies that Services Provider does not boycott Israel and will not boycott Israel during the term of this Agreement. 20.0 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. 21.0 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: TMG Contracting, LLC P.O. Box 415 Hutto, Texas 78634 Notice to City: City Manager Stephanie L. Sandre, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Services Provider. 22.0 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8 23.0 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Services Provider and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 24.0 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. 25.0 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 26.0 MISCELLANEOUS PROVISIONS Standard of Care. Services Provider represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Services Provider understands and agrees that time is of the essence and that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Services Provider shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Services Provider’s failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City’s additional legal rights or remedies. Force Majeure. Neither City nor Services Provider shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the dates indicated. City of Round Rock, Texas TMG Contracting, LLC By:_______________________________ By:________________________________ Printed Name:_______________________ Printed Name:_______________________ Title:_______________________________ Title:_______________________________ Date Signed:_________________________ Date Signed:_________________________ ATTEST: By: __________________________________ Meagan Spinks, City Clerk FOR CITY, APPROVED AS TO FORM: By: __________________________________ Stephanie L. Sandre, City Attorney Tony Gutierrez President Tony Gutierrez 02/28/2024 Laurie Hadley City Manager 03/20/2024 Form Revised November 2017 1 | P a g e City of Round Rock, Texas Request for Quote RFQ#: EG231205 Product/Service Description: Basketball Court Resurfacing and Restriping Date Issued: 01/10/2024 Quote Due By (Date/Time) 01/30/2024 @ 3pm CST City Contact Name:Eliana Geoffroy Contact Phone # 512.218.5450 *Email Address:egeoffroy@roundrocktexas.gov Department Name Parks and Recreation Delivery Address: 2910 Flower Hill Drive, Round Rock, Texas 78664 Instructions for Respondents to this Request for Quote (RFQ) This is a Request for Quote and not an order. Submit a complete and signed quote by the due date/time to the email address above* •The City of Round Rock Standard Terms and Conditions and Insurance Requirements are hereby incorporated into this Request for Quote by reference, with the same force and effect as if they were incorporated in full text. The full text versions of these documents are available, on the Internet at the following hyperlink: https://www.roundrocktexas.gov/departments/purchasing/ •The City reserves the right to determine “or equal” status. Quotes may be withdrawn at any time prior to the official closing by written notification. Quotes may not be altered, amended, or withdrawn after the official closing. •In order to do business with the City of Round Rock please register with the City’s Vendor Database. To register, go to: https://roundrock.munisselfservice.com/Vendors/default.aspx. •The City is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in the quoted price. •The City reserves the right to accept or reject, in part or whole, any quote submitted and to waive any minor technicalities that are in the best interest of the City. •Submittal of all proposed items shall be reviewed by the City of Round Rock before Purchase Order is issued. •If there is a conflict between the unit price and extended price, the unit price will take precedence. •Unit Price shall include delivery and installation of item. •Coordinate start date with City representative after issuance of Purchase Order. •Arrange delivery and access to site with Eliana Geoffroy at 512-218-5450. •Project must be completed within 30 days of project start date. •The contractor shall leave the site clean and ready for use upon completion of work. •Attached: o Attachment A: SITE IMAGES o Attachment B: SPECIFICATIONS o Attachment C: COLOR KEY Exhibit "A" Form Revised November 2017 2 | P a g e City of Round Rock, Texas Request for Quote Item # Item Description Quantity Unit Type Unit Price Extended Price 1. Resurfacing basketball court 50’ x 80’ approximately, colors per Specifications. 1 EA Total Quote Vendor Contact Information and Signature Vendor Name: Name of Sales Contact: Authorized Signature: Date: Email Address: Phone Number: TMG Contracting, LLC Tony Gutierrez 1/30/24 21,45021,450 tmgcontracting.info@gmail.com 512-801-2595 21,450 Exhibit "A" Form Revised November 2017 3 | P a g e APPENDIX A: SITE AND PLANS SITE MAP SITE IMAGE Exhibit "A" Form Revised November 2017 4 | P a g e LIMIT OF WORK Exhibit "A" Form Revised November 2017 5 | P a g e APPENDIX B: SPECIFICATIONS Specifications for Resurfacing of Courts 1. SCOPE: This specification describes Tennis Court, Basketball Court, & Re-painting in parks located in Round Rock Texas. This work includes resurfacing and repainting the court surfaces. All lines shall be in white and include texture in the final coat. a. The work shall include court preparation and painting of a standard WHITE LINED court at the locations identified in the RFQ. GRAY COURTS WITH BLUE BOUNDARIES AND ACCENTS (Key,) CENTER COURT ORANGE for BASKETBALL COURTS. – SEE COLOR KEY (‘APPENDIX C’) i. All courts shall be cleaned and prepared according to the manufacturer’s instructions. The target completion date is 30 days from issuance of PO for these courts. ii. Due to RESERVATION SCHEDULES and use of courts; the project start and completion dates for each work site shall be coordinated with the Round Rock Parks and Recreation Department. 2. QUALITY ASSURANCE: a. Material and application method shall be system tested and approved by the manufacturer of the surfacing materials. 3. SUBMITTALS: a. Furnish manufacturers’ printed instructions for applications of materials. b. Each bidder shall submit a minimum of three (3) references of similar type jobs. 4. JOB CONDITIONS: a. No phase of this application shall take place unless both ambient and material temperatures are above 55 degrees F (12 degrees C); nor when rain is imminent or falling; nor when conditions obviously are unsuitable. b. It shall be the responsibility of the contractor to secure and keep the work site in a clean condition and to dispose of all trash generated by the project. c. All work shall be performed between the hours of 7:00 a.m. and 5:00 p.m., unless otherwise specified, or agreed upon. 5. WARRANTY: a. The installer of the synthetic courts surfacing shall warranty in writing that the synthetic surfaces shall be free of material and installation defects for a period of one (1) year from the date of acceptance by the City of Round Rock. Replace defective work or materials at no cost to the City of Round Rock during the one year guarantee period. b. Reappearance of existing major cracks during the warranty period will not be considered a defect. Exhibit "A" Form Revised November 2017 6 | P a g e 6. PRODUCTS: a. COURT ACRYLIC RESURFACING SYSTEM: i. DecoColor by Koch Materials Company, using their Colorcoat Concentrate, Emulsion Resurfacer, Tennis Court Binder or City approved equal and White Line Paint. Comparable products by California Products Corporation and by Laykold Products are pre -approved. b. LINE PAINT: i. The courts shall have white acrylic line paint and the layout shall match that of the existing courts. c. WEED KILLER: i. “Prametol” 25E, Kill-All, Orta-Triox Weed Killer or approved equal shall be used where needed to control weeds. 7. EXECUTION: All court surfacing areas that have any cracks, wrinkling or loose surfacing material shall require the following: a. PREPARATION: i. Remove the loose surface material as required down to solid subsurface, using hand or mechanical tools where necessary. ii. Power wash the courts and then flood with water to determine low areas. iii. Any area of the court complex that, after twenty minutes of flooding, holds water deeper than 1/8” (thickness a nickel) shall be outlined and patched. b. PATCHING: Patch material shall be applied in layers no thicker than 1/4” thick per layer. A tack coat of five parts water to one part Binder is required. i. Major cracks shall be cleaned and filled using Deco Binder, sand, and concrete mix or approved equal as below. Cracks larger than 1/16” wide shall be v’d out to accept the filler. ii. (Not applicable) Patch low areas with Deco Patch Binder, sand, concrete mix or approved equal. 7.3. c. WEED CONTROL: i. If any areas to receive court surfacing where vegetation exists, apply a weed killer at rates indicated by the manufacturer. Care should be taken to prevent over spray onto the adjacent lawn or tree areas. 8. RESURFACING: a. PATCH WORK: After patching work is completed, apply one (1) or (2) coats (if surface is rough) of acrylic Emulsion Resurfacer mix over the entire court area at the rate of .07 gallons of Resurfacer material (prior to any dilution) per square yard. Mix ratio to be composed of 55 gallons Resurfacer, Exhibit "A" Form Revised November 2017 7 | P a g e 3.0 gallons water and 400 lbs. sand (40-100 mesh). Flood with water again to test for ponding. Patch as required in Item 3.2 above or as recommended by manufacturer. b. Apply (2) or (3) coats (depending upon the severity of the existing surface) of textured colored acrylic non-slip surfacing mix, consisting of Silica Sand and Colorcoat Concentrate mix over entire court area, both inside the court and outside the court playing area at locations as shown on the Plans. Mix ratio shall consist of 55 gallons of colorcoat concentrate, 400-600 lbs. Silica sand and 30-38 gallons of water or as recommended by manufacturer. Coverage shall be approximately .05 gallons per square yard per coat. Allow each court to cure thoroughly before applying next coat. Contractor shall provide a per coat price. c. After the surface is thoroughly cured, neatly apply two (2) coats of 2” white playing lines conforming to US Tennis Association specifications. d. Parks & Recreation will protect area from traffic during all operations and until open for use. e. Allow the final surface to cure at least six (6) hours before allowing light foot traffic and at least (2) days before allowing play. 9. CLEANING REQUIREMENTS: a. Upon completion of the project, the Contractor shall remove all containers, surplus materials and debris and leave the site in a clean and orderly condition. Any damage caused by the Contractor to existing surrounding structures or improvements shall be repaired at the Contractor’s expense. 10. NET REINSTALLATION: (Not applicable) a. The contractor will reinstall existing nets or new nets provided by City of Round Rock, with nets to be set at height required by the U.S. Tennis Association. 11. RIBBON CURBING BORDER: : (Not applicable) a. Ribbon Curbing shall be done prior to the resurfacing of the court if this option becomes part of the agreement. b. Curbing shall be 6 inches wide and 12 inches deep. The surface of the curb shall be smooth finished. The elevation shall be set in order to allow drainage off of the court. c. Excavation for the curbing shall be done by the contractor and any extra material shall be piled up on the site for removal by PARD. The location of the extra material piles shall be coordinated with PARD representative, Robert Vasquez. d. Curbing shall have two lengths of 1/2 inch rebar which runs the entire perimeter of the curbing and is secured above the trench ground level. Shall use 24” corners and the rebar shall overlap 24” where two pieces join. e. Any and all gaps between the “new” curbing and the “old” court surface shall be filled in with either asphalt surfacing or court filler, dependent upon the size of the gaps. f. Before trenching the contractor shall coordinate with the Parks and Recreation representative to locate any utilities which may be in the way. g. Minimum of 4 sack cement mix. Exhibit "A" Form Revised November 2017 8 | P a g e h. Work is to be performed by personnel and companies with experience in applying synthetic athletic surfaces with a minimum of five references available upon request. i. The contractor shall provide at least a one year warranty on products workmanship. 12. BIDDER QUALIFICATIONS: All prospective contractors shall review and submit, on the provided form, their quotes and be regularly engaged in type of work described. a. Work is to be performed by personnel and companies with experience in applying synthetic athletic surfaces with a minimum of five references available upon request. b. The contractor shall provide at least a one year warranty on products workmanship. Exhibit "A" Form Revised November 2017 9 | P a g e APPENDIX C: COLOR KEY Exhibit "A"