R-2017-4427 - 6/8/2017 RESOLUTION NO. R-2017-4427
WHEREAS, the City of Round Rock has previously entered into an Agreement for Purchase
of General Building Construction Trades Services (HVAC Trade) from TDIndustries, Inc.
("Agreement"); and
WHEREAS, TDIndustries, Inc. has submitted Supplemental Agreement No. 3 to amend the
original Agreement to extend the term of the Agreement for the second and final twelve (12) month
renewal term; and
WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 with
TDIndustries, 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. 3 to the Agreement for Purchase of General Building Construction Trades Services
(HVAC Trade) from TDIndustries, 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 8th day of June, 2017.
CRAIG ORG , Mayor
City o Round R16ck, Texas
ATTEST:
(AW
SARA L. WHITE, City Clerk
0112.1704;00379066
EXHIBIT
„A„
00
SUPPLEMENTAL AGREEMENT NO. 3
TO"CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION
TRADES SERVICES (HVAC) FROM
TDINDUSTRIES, INC"
CITY OF ROUND ROCK §
§
STATE OF TEXAS § KNOW ALL BY THESE PRESENTS:
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
THIS SUPPLEMENTAL AGREEMENT NO. 3 to "City of Round Rock Agreement for
Purchase of General Building Construction Trades Services (HVAC Trade) from TDIndustries,
Inc.," hereinafter called '*Supplemental Agreement No. 3." is made by and between the City of
Round Rock, Texas, a home-rule municipality, hereinafter called "City" and TDlndustries, Inc..
hereinafter called"TD lndustries."
WHEREAS, City and TDlndustries executed the referenced "City of Round Rock
Agreement for Purchase of General Building Construction Trade Services (HVAC Trade) from
TDlndustries, Inc.," hereinafter called the "Agreement," on June 27, 2013, by Resolution No. R-
13-06-27-E8; and
WHEREAS, pursuant to Section 2.01 of the Agreement, the initial term of the
Agreement was for three (3) consecutive twelve (12) month periods from the effective date of
the Agreement with two (2)allowable consecutive twelve(12) month renewal terms; and
WHEREAS, City and TDlndustries, Inc. executed Supplemental Agreement No. I
amending certain material terms of the Agreement on .lune 12, 2014, by Resolution No. 8-2014-
1497; and
WHEREAS, City and TDlndustries executed Supplemental Agreement No. 2 renewing
the Agreement for the first of two(2) allowable consecutive twelve(12) month renewal terms on
June 9, 2016, by Resolution No. R-2016-351 1; and
WHEREAS, it has now become necessary to execute Supplemental Agreement No. 3 to
amend the original Agreement to extend the tern of the Agreement for the second and final
twelve (12) month renewal term; and
NOW THEREFORE, in consideration of the mutual promises and obligations in the
Agreement and this Supplemental Agreement No. 3, City and TDlndustries agree that said
Agreement is amended and supplemented as follows:
00175213 ss2
I.
Pursuant to Section 2.01 of the Agreement, the term of the Agreement is renewed for the
second and final of two (2) allowable twelve (12) month renewal periods. The twelve (12)
month renewal term shall commence upon expiration of the first twelve (12) month renewal
term.
I I.
This Supplemental Agreement No. 3 embodies the second and final of two (2) allowable
twelve(12) month renewal periods and shall extend the original Agreement as to time only with
no other changes in terms or conditions of the original Agreement and Supplemental
Agreements.
IN WITNESS WHEREOF,City and TDindustries have executed this Supplemental Agreement
No. 3 to be effective as of the last date of due execution by both parties.
CITY OF ROUND ROCK,TEXAS TDINDUSTRIES, INC.
By: By: ,
Printed Name: Printed Nanl
Title: Title:
Date Signed: Date Signed:
ATTEST:
Sara L. White, City Clerk
FOR CITY, APPROVED AS TO FORM:
By.
Stephan L. Sheets,City Attorney
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