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R-2019-0337 - 8/22/2019 RESOLUTION NO. R-2019-0337 WHEREAS, the City of Round Rock has previously entered into an Agreement for Purchase of General Building Construction Trades Services (Electric Trade) from M&C Electric, Inc. ("Agreement"); and WHEREAS, M&C Electric, Inc. has submitted Supplemental Agreement No. 1 to amend the Original Agreement to increase the amount City may expend during the term of the Agreement from $2,900,000.00 to $3,625,000.00; and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with M&C Electric, 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 Purchase of General Building Construction Trades Services (Electric Trade) from M&C Electric, 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 22nd day of August, 2019. CRAIG NP9GAMayor City of R and Ro k, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1902 00429529 EXHIBIT SUPPLEMENTAL AGREEMENT NO. 1 TO `CITY OF ROUND ROCK.AGREEMENT FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION TRADES SERVICES (ELECTRIC TRADE)FROM M&C ELECTRIC INC. CITY OF ROUND ROCK § STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TRAV.IS § COUNTY OF WILLIAMSON § THIS SUPPLEMENTAL AGREEMENT NO. 1 to "City of Round Rock .Agreement for Purchase of General Building Construction Trades Services (Electric Trade) from M&C Electric, Inc.," hereinafter called "Supplemental Agreement No. I," is made by and between the City of Round Rock, Texas, a home-rule municipality, hereinafter called "City" and M&C Electric, Inc., hereinafter called"M&C Electric." WHEREAS, City and M&C Electric executed the referenced "City of Round Rock Agreement for Purchase of General Building Construction Trade Services (Electric Trade) from M&C Electric, Inc."hereinafter called the"Agreement," on October 1.1, 2018, by Resolution No. R-2018-5964; and WHEREAS, it has now become necessary to execute Supplemental Agreement No. 1 to amend the Original Agreement to increase the amount City may expend during the term of the Agreement from $2,900,000.00 to $3,625,000.00; and NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 1, City and M&C Electric agree that said Agreement is amended and supplemented as follows: I. Section 6.01 of Agreement shall be amended as follows: 6.01 COSTS B. M&C Electric specifically acknowledges and agrees that City is not obligated to use any estimated annual quantity of services and City may not expend in excess of Fi-ve . Seven Hundred Twenty-Five Thousand and No/100 Dollars ($725,000.00) per year for M&C Electric's services combined with the dual provider's services for a total not-to-exceed amount of Tvve Million Nine Htmdf-e4 ()04279" ss7 Theusand and Ne/100 Dellafs ($2.900.000.00) Three Million Six Hundred Twenty-Five Thousand and No1100 Dollars 03,625,000.001 for the term of the Agreement. II. This Supplemental Agreement No. 1 amends Section 6.01(I3) of the Agreement only. All other terms and conditions of the Agreement and exhibits to the Agreement shall remain as set forth in the Agreement. IN WITNESS WHEREOF, City and M&C Electric have executed this Supplemental Agreement to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK,TEXAS M&C ELECTRIC, INC. Printed Name: _ Printed Name: , ,, , ,. '' Title: Title: Date Signed: Date Signed: .ATTEST: BY: .w... Sara L. White, City Clerk FOR CITY, APPROVED AS TO FORM: Stephan L. Sheets, City Attorney