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Contract - Game Court Services - 5/13/2021 I 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." 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. 1," 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: I. 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 c 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. II. 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. I 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.] 2 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 execution both rties. CITY OF R011 IND ROCK,TEXAS GAME C S VI , INC. By: By: Printed Name: Printed (ame: WViid &YVAMC)n Title: "ym Title: 1(QCO IC Date Signed: Date Signed: ATTEST: By: 0 Sala if— City Cl rk FOR:Zrv OVED AS TO FORM: By: 4i—tedi Stepha 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 Description 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 $8,253.00 4. Extra-large footing and groundwater mitigation at the Dell Diamond. $17,040.00 Revised Contract Amount $77,593.00 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,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. 2021-744766 Game Court Services Austin,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 04/28/2021 being filed. C Date Acknowledged: City of Round Rock 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. CD-2021-005 Netting Post Installation 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 /l n ��A �(�+ 1/1 { My name is nwv t C v t QJY ,;C '1 and my date of birth is My address is 1 't wit F Y lit CJ t t t ' (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Al { Executed in � ��� Coun Stat of on the/�day of (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a I CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,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. 2021-744766 Game Court Services Austin,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 04/28/2021 being filed. City of Round Rock Date Acknowledged: 05/04/2021 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. C D-2021-005 Netting Post Installation 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 (street) (city) (state) (zip code) (country) I 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) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a