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R-2017-4756 - 9/14/2017 RESOLUTION NO. R-2017-4756 WHEREAS, the City of Round Rock has previously entered into an Agreement for Consulting Services for Building Construction Projects ("Agreement") with Karl Kietzke; and WHEREAS, Karl Kietzke has submitted Supplemental Agreement No. 2 to amend the Agreement to modify the term and increase the not-to-exceed fee an additional One Hundred Thousand and No/100 Dollars ($100,000.00) as a result of an increase in the scope of services, specifically additional building consulting services related to the Old Settlers Park Multi-Purpose Field Complex Project; and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Karl Kietzke,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. 2 to "City of Round Rock Agreement for Consulting Services for Building Construction Projects" With Karl Kietzke, 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. 0112.1704;00384986 RESOLVED this 14th day of September, 2017. CRAIG M GAN, or City of Round Rock, Texas ATTEST: 21/w ()'A' / fi . SARA L. WHITE, City Clerk 2 EXHIBIT „A„ SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES FOR BUILDING CONSTRUCTION PROJECTS" WITH KARL KIETZKE CITY OF ROUND ROCK ) STATE OF TEXAS ) KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON ) COUNTY OF TRAVIS ) This SUPPLEMENTAL AGREEMENT NO. 2 to "City of Round Rock Agreement for Consulting Services for Building Construction Projects" (the "Agreement") is made by and between the City of Round Rock, Texas (hereinafter referred to as the "City"), and Karl Kietzke (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, the City and Consultant previously executed an Agreement (hereinafter referred to as the "Agreement") on April 28, 2017 for provision of building consulting services for certain City construction projects in an amount not-to-exceed Fifty Thousand and No/100 Dollars ($50,000.00); and WHEREAS, Supplemental No. 1 was executed on January 12, 2017 by Resolution No. R-2017-4071, modifying the term and increasing the not-to-exceed fee to One Hundred Thousand and No/100 Dollars ($100,000.00) as a result of an increase in the scope of services, specifically the addition of building construction consulting services related to the Old Settlers Park Multi-Purpose Field Complex Project; and WHEREAS, it has now become necessary to further amend the Agreement to modify the term and increase the not-to-exceed fee an additional One Hundred Thousand and No/100 Dollars ($100,000.00) as a result of an increase in the scope of services, specifically additional building consulting services related to the Old Settlers Park Multi-Purpose Field Complex Project and other ongoing construction projects; NOW, THEREFORE, premises considered, the City and Consultant agree that said Agreement is amended as follows: I. Section 1.01 of the Agreement shall be amended as follows: B. The term of this Agreement shall expire upon successful completion of the services , 201 00383902/ss2 I.I. Section 1.03' of the Agreement shall be amended as follows: A. The consulting fee shall be Seventy-Five and No Cents ($75.00) per hour, not- to-exceed Oft i.undred Thousand Deflar-s e C-..e&-,,,"-. (s too, )00.00) Two Hundred Thousand and No/100 Dollars ($200,000.00). III. With the exception of the terms, set forth herein, there shall be no other changes in the terms or conditions of the original Agreement and those such terms and conditions shall remain effective. IN WITNESS WHEREOF, the City and Consultant have executed this Supplemental Agreement No. 2 in duplicate originals. CITY OF ROUND ROCK,TE AS KARL KIETZKE By: By: Printed Name: Printed Naiae:: Title: Title: • Date Signed: Date Signed:FOR. CITY, ATTEST: By: Sara L. White, City Clerk FOR CITY, APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney 2