R-2021-119 - 5/13/2021 RESOLUTION NO. R-2021-119
WHEREAS, the City of Round Rock has previously entered into a "City of Round Rock
Agreement for Dell Diamond Support Pole Fabrication and Installation for Backstop Netting with
Game Court Services, Inc."("Agreement"); and
WHEREAS, Game Court Services, Inc. has submitted Supplemental Agreement No. 1 to
amend the Scope of Services and Contract Amount to add additional services and costs; and
WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with
Game Court Services, Inc.,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 Supplemental
Agreement No. 1 to "City of Round Rock Agreement for Dell Diamond Support Pole Fabrication and
Installation for Backstop Netting with Game Court Services, Inc.," a copy of same being attached
hereto as Exhibit"A"and incorporated herein for all purposes.
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 13th day of May, 2021.
CRAIG ORGA , Mayor
City of Round Rock, Texas
ATTEST:
�JA �
MEAGAN SP S, DeputylCity Clerk
0112.20212;00471073
EXHIBIT
„A„
SUPPLEMENTAL AGREEMENT NO. I
TO "CITY OF ROUND ROCK AGREEMENT
FOR DELL DIAMOND SUPPORT POLE FABRICATION AND
INSTALLATION FOR BACKSTOP NETTING WITH
GAME COURT SERVICES. INC."
CITY OF ROUND ROCK §
STATE OF TEXAS § KNOW ALL BY THESE PRESENTS:
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
THIS SUPPLEMENTAL AGREEMENT NO. 1 to "City of Round Rock Agreement for
Dell Diamond Support Pole Fabrication and Installation for Backstop Netting with Game Court
Services, Inc.," called "Supplemental Agreement No. I," is made by and between the CITY OF
ROUND ROCK, TEXAS, a home-rule municipality, with offices located at 221 East Main
Street, Round Rock, Texas 78664-5299, hereinafter called the "City" and GAME COURT
SERVICES, INC. whose offices are located at 10901 Circle Drive, Austin, TX 78736,
hereinafter called the"Services Provider."
WHEREAS, the City and Services Provider previously executed the referenced "City of
Round Rock Agreement for Dell Diamond Support Pole Fabrication and Installation for
Backstop Netting,"hereinafter called the"Agreement" in the amount of$48,800.00;and
WHEREAS, the City desires to amend the Scope of Services and Contract Amount to
add additional services and costs;and
WHEREAS, it is necessary to amend the Scope of Services and increase the Contract
Amount provided in the Agreement by $28,793.00 to a total of$77,593.00 as set forth herein;
NOW THEREFORE, in consideration of the mutual promises and obligations in the
Agreement and this Supplemental Agreement No. 1, the City and Services Provider agree that
said Agreement is amended and supplemented as follows:
1.
Section 4.01 of the Agreement is hereby amended to read as follows:
4.01 SCOPE OF SERVICES
Services Provider shall satisfactorily provide all goods and complete all services
described in the Service Provider's Proposal, Exhibit "A" of the Agreement, and the Addendum
to Exhibit"A," attached hereto and incorporated herein.
00469935?ss2
This Agreement and this Supplemental Agreement No. 1 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" of the Agreement and the attached Addendum to Exhibit "A" within the contract
term specified. A further change in the Scope of Services must be negotiated and agreed to in all
relevant details, and must be embodied in a valid Supplemental Agreement.
11.
Section 5.01 of the Agreement is hereby amended to read as follows:
5.01 CONTRACT AMOUNT
In consideration for deliverables and services related to the deliverables, the City agrees
to pay Services Provider Forty-Eight Thousand Eight Hundred and No/100 Dollars
($48,800.00) in accordance with Exhibit"A" of the Agreement plus an additional Twenty-Eight
Thousand Seven Hundred Ninety-Three and No/100 Dollars ($28,793.00) in accordance with
the attached Addendum to Exhibit "A," for a total not-to-exceed amount of Seventy-Seven
Thousand Five Hundred Ninety-Three and No/100 Dollars ($77,593.00) for the goods and
services set forth in Exhibit"A" of the Agreement and the Addendum to Exhibit"A."
III.
This Supplemental Agreement No. 1 shall amend the original Agreement only as set forth
herein with no other changes in terms or conditions of the original Agreement.
[Signatures on the following page.)
IN WITNESS WHEREOF, the City and Services Provider have executed this Supplemental
Agreement No. 1 to be effective as of the last date of due executiojboth ies.
CITY OF ROUND ROCK,TEXAS GAME C ,INC.
By: By:Printed Name: Printed ame c ov
Title: Title: 9r9co
Date Signed: Date Signed: _ 4q �
ATTEST:
By:
Sara L. White,City Clerk
FOR CITY, APPROVED AS TO FORM:
By:
Stephan L. Sheets,City Attorney
3
Addendum to Exhibit "A"
Agreement between the City of Round Rock and Game Court Services, Inc.
for the Pole Fabrication and Installation for Backstop Netting at the Dell Diamond
Supplemental Agreement No. 1
1. Powdercoat(2) Netting Posts- Replaced the original Benjamin Moore Ultra Spec Paint
due to increased durability and low maintenance.
Description Cost
Powder Coat Materials $4,079.00
Additional Freight $1,821.00
Deduction of Paint Costs $ 2,400.00
Total $3 500
2. Wall Footing -Saw Cut and Pour Back-Adjustment
Sawcut existing wall footing and pour back concrete to accommodate piers for new
backstop netting posts.
The wall footings change was discovered after test holes were dug and uncovered sheet
concrete about 16" below the warning track surface. This requirement was not identified
in the original bid process. After discovering this issue, the City's Engineer's Dunaway
Associates were consulted, and the original 1999 construction documents were located.
Drawings from those 1999 plans were received by Game Court.
However, the plans from 1999 mentioned above only showed the footings to be 12" or
18" thick—The actual size of the footings is 25 - 32"thick rather than the 12-18" shown
on the plans.
Description Cost
Material $879.00
Labor $7,124.00
Equipment $250.00
Total $8,253
3. Specification changes due to the requirement for an extra large footing and groundwater
mitigation at the Dell Diamond.
o DuraDeck rental — Needed to protect natural grass surface beyond the stacked
plywood.
o A-1 Coring —Concrete footers were 25" and 32"thick rather than the 12-18"that
the plan showed. Three extra days required to complete work.
o Game Court Labor Cost—All-inclusive costs of having the project manager and
two assistants working on the project and in town for the extra 4-5 days.
o Added Concrete— Due to the groundwater issues an extra concrete delivery was
required.
o Two Extra Days of Forklift Rental
o Two Extra Days of Buggy Rental
o Alliance Geotech extra testing and inspections—for additional inspection.
Addendum to Exhibit "A"
Description Cost
DuraDeck Rental $3,769.00
A-1 Coring $5,580.00
GCS Labor $3,600.00
Additional Concrete $1,146.00
Two extra days of Forklift rental $1,450.00
Two extra days of Buggy rental $570.00
Alliance Geotech extra testing & inspections $925.00
Total $17,040.00
Summary
Descri tion Cost
1. IFB 20-029 Original Contract Amount $48,800.00
2. Powdercoat(2) Netting Posts $3,500.00
3. Wall Footing-Saw Cut and Pour Back-
Adjustment $8,263.00
4. Extra-large footing and groundwater
mitigation at the Dell Diamond. $17,040.00
Revised Contract Amount $77,593.00