Contract - Ritter, Botkin Prime Construction Company, Inc. - 9/9/2021CITY OF ROUND ROCK AGREEMENT FOR BACKSTOP
NETTING REPAIR SERVICES AT OLD SETTLERS PARK
WITH
RITTER, BOTKIN PRIME CONSTRUCTION COMPANY, INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for the Old Settlers Park backstop netting repair services for
Field 1 and Field 2, and for related goods and services (referred to herein as the "Agreement"), is
made and entered into on this the 03 day of the month of , 2021 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 RITTER, BOTKIN PRIME CONSTRUCTION COMPANY, INC., whose offices are
located at 20907 Martin Lane, Pflugerville, Texas 78660 (referred to herein as "Services
Provider").
RECITALS:
WHEREAS, City desires to purchase services related to the Old Settlers backstop
netting repairs for Field 1 and Field 2; and
WHEREAS, the repairs as set forth herein are the result of unforeseen damage to City
property; and
WHEREAS, Section 252.022(2) of the Local Government Code exempts procurements
necessary because of unforeseen damage to public machinery, equipment, or other property
from competitive bidding requirements; and
WHEREAS, City desires to purchase the repair services necessary because of unforeseen
damage from Services Provider; 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:
00477270/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 any exhibits, addenda, and/or amendments thereto.
B. city means the City of Round Rock, Williamson and Travis Counties, Texas.
C .0 Effective Date means the date upon which the binding signatures of both parties to
this Agreement are affixed.
D. Force Maj*eure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and
the people, civil disturbances, explosions, or other causes not reasonably within the control of the
party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Services Provider to
comply with promised delivery dates, specifications, and technical assistance specified.
2.01 EFFECTIVE DATE 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 iistermnated or extended as provided herein.
B. This Agreement shall terminate upon the successful completion of the repairs of
the backstop netting for Field 1 and Field 2 at Old Settlers Park as described in Exhibit "A,"
attached hereto and incorporated herein by reference for all purposes.
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,,
3.01 CONTRACT DOCUMENTS AND EXHIBITS
The goods and services which are the subject matter of this Agreement are described i*n
Exhibit "A" and, together with this Agreement, comprise the Contract Documents. Any
10 inconsistencies or conflicts in the contract documents shall be resolved by giving preference to the
terms and conditions of this Agreement.
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4.01 SCOPE OF WORK
Services Provider shall satisfactorily provide all goods and complete all services described
in Services Provider's Proposal attached as 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 i*n
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Exhibit "A" within the contract term specified. A change in the Scope of Services must be
negotiated and agreed to i*n all relevant details, and must be embodied in a valid Supplemental
Agreement as described herein.
5.01 CONTRACT AMOUNT
The City agrees to pay the amount set forth i*n Exhibit "A" to Services Provider for the
goods and services set forth herein and as described 10n the attached Exhibit "A."
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Services Provider*
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement i*s a commitment of City's current revenues only. It i*s 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 C*ty'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.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 225 1, 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.
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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 i*n 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 i*n strict accordance wi*thl"nstructions, if any, on the
purchase order or the Agreement or other such contractual agreement.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability
to Services Provider I*f I*t I*s determined by City that gratuities or bribes i*n the form of entertainment,
gifts, or otherwise were offered or given by Services Provider or its agents or representatives to
any City officer, employee or elected representative with respect to the performance of this
Agreement. In addition, Services Provider may be subject to penalties stated in Title 8 of the Texas
Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included
in Services Provider's charges.
11.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the goods as specified, City reserves the right and
'D
option to obtain the products from another supplier or suppliers.
12.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
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Katie Baker
Manager - Parks Development
301 West Bagdad, Suite 250
Round Rock, Texas 78664
(512) 348-3941
13.01 INSURANCE
Services Provider shall meet all City of Round Rock Insurance Requirements set fort at:
http://www.roundrocktexas.gov/wpmcontent/uploads/2014/12/corr insurance 07.20112.pdf
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, i'On 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 performs, In the event that no written assurance ils given within the
reasonable time specified when demand i*s made, then and I*n that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Services Provider abandons or defaults under this Agreement and i*s a cause of City
purchasing the specified goods elsewhere, Services Provider agrees that I"t may be charged the
Is
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 I*f 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
B. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, i*n whole or i*n part, for convenience
and without cause, at any time upon thirty (30) days' written notice to Services Provider.
5
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.
co 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 i*n 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 termienati"on. City shall then pay
Services Provider that portion of the charges, I*f undisputed. The parties agree that Services
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Provider is not entitled to compensation for services it would have performed under the remaining
term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Services Provider shall defend (at the option of City), indemnify, and hold City, its
successors, assigns, officers, employees and elected oficl*asflharmesslfrom and against all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, attorneys fees, and any
and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Services Provider, or Services Provider's agents, employees or subcontractors, in the performance
of Services Provider's obligations under this Agreement, no matter how, or to whom, such loss
may occur. Nothing herein shall be deemed to limit the rights of City or Services Provider
(*including, but not limited to the right to seek contribution) against any third party who may be
liable for an indemnified claim.
18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Services Provider, its agents, employees and subcontractors shall use best efforts to
comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round
Rock, as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. In accordance with Chapter 227I, 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.
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19.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal representatives
to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be i*n writing
and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated i"n this Agreement's
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 Provider0
:
Ritter, Botkin Prime Construction Company, Inc.
20907 Martin Lane
Pflugerville, Texas 78660
Notice to City:
City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Is
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
21.01 APPLICABLE LAW, ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terns or conditions herein,
exclusive venue for same shall lie i*n Williamson County, Texas. This Agreement shall be governed
by and construed in accordance with the laws and court decisIs
ions of the State of Texas.
22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing, duly authorized by action of the City Manager or City
Council.
23.01 DISPUTE RESOLUTION
City and Services Provider hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration
Act (9 USC Section I -14) or any applicable state arbitration statute.
24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall i"n no way
affect the validity or enforceabill*ty of any other portion or provision of this Agreement. Any void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties further agree to amend this Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision. The
provisions of this section shall not prevent this entire Agreement from being void should a
provision which is of the essence of this Agreement be determined void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that i*t 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 i*n a manner according to generally
accepted industry practices.
Time iis of the Essence. Servces 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 ti*meframes will constitute a material breach of this Agreement.
Services Provider shall be fully responsible for its delays or for failures to use best efforts i*n
accordance with the terms of this Agreement. Where damage i*s caused to City due to Services
Provider's failure to perform i*n these circumstances, City may pursue any remedy available
without waiver of any of CI*ty's additional legal rights or remedies.
Force Maj*eure. 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 i*s not responsible as defined herein. However, notice of such impediment or delay i*n
performance must be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed i*n multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
[Signatures on the following page.]
8
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Mock, Texas
By:
Printed ame:
Title: "m
Date Signed: _
Attest:
By:
Sara L. White, City Clerk
For Ci411v
ed as to F rm:
4
By:
Stephan .Sheets, City Attorney
9
Ritter, Botkin Prime Construction Company, Inc.
By: ,C��
Printed Name: Brian Ritter
Title: President
Date S igned: 8-10-21
RITTER - BOTKIN
WWW.PCCIUSA. COM
DATE: June 5, 2021
PRIME CONSTRUCTION COMPANY, INC.
20907 Martin Ln Pflugerville, TX 78660 (office) 512.244.7799 (fax) 512.990.9886
PROPOSAL SUBMITTED TO:
WORK PROPOSAL
WORK TO BE PERFORMED AT
Baker, Katie Old Settlers Park Adult Recreation Complex
City of Round Rock Parks and Recreation
DESCTRIPTION
- Remove and reinstall existing backstops at field 1 and field 2
- Utilizing new 4" O.D. SS40 or equal backstop posts, 3-1 /2" O.D. SS40 or equal sleeve posts
- Use existing pole locations and quantities
INTC1 1TQJn1VQ
- Remove existing backstop netting and cabling system, set aside for re -use
- Cut existing 4" O.D. posts a few inches above grade
- Include 45 degree bevel cut
- Slide 3-1 /2" O.D. posts inside of existing 4" O.D. post stub ups with approximately 8' exposed above grade
- Include pre -welding a bead between the interior pipe sleeve and the existing inground pipe.
- Install new 4" O.D. posts over 3-1/2" sleeve, weld existing 4" O.D. stub up to new 4" O.D. backstop posts
- Include 45 degree bevel cut at bottom
- Install new eyelets per original plan
- Include putting eyelets on the center/middle posts for all four base line center poles
- Reinstall existing netting and cross ropes
- All, labor, materials, and equipment
- 1 yr workmanship warranty
1 VC1 1TC1rl1NC
- Surveying
- Damage to infield and/or adjacent concrete due to normal use of equipment or manpower
- Any warranty other than workmanship
- Underground utilities not marked by TX 811 ONE CALL
- Payment or Performance bonds
$679910.00
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10fl
Complete Nos. l - 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos, 1, 2, 31 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1
Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2021=795002
Ritter, Botkin Prime Construction Company Inc.
Pflugerville, TX United States Date Filed:
2
Name of governmental entity or state agency that is a party to the contract for which the form is 08/25/2021
being filed.
City of Round Rock, TX gate Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
000000
Backstop repair
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling-
Intermediary
5
Check only if there is NO Interested Party.
6
UNSWORN DECLARATION
My name is Brian Ritter ,and my date of birth is
Myaddressis 20907Martin Lane Pflugerville TX 78660 US
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in Travis county, State of Texas , on the 25 day of AugUSt....., 20 21
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Ni ersion v1.1.1y1o5cac
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. i, 21 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1
Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2021-795002
Ritter, Botkin Prime Construction Company Inc.
Pflugerville, TX United States Date Filed:
2
Name --of governmental entity or state agency that is a party to the contract for which the form is 08/25/2021
being filed.
City of Round Rock, TX Date Acknowledged:
08/25/2021
g
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
000000
Backstop repair
Nature of interest
4
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. X
6
UNSWORN DECLARATION
My name is ,and my date of birth is
My address is I - I I
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of , on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Version V1.1,191b5cdcForms provided by Texas Ethics Commission www.ethicsstate.Uc.us