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R-2022-140 - 4/28/2022RESOLUTION NO. R-2022-140 WHEREAS, the City of Round Rock ("City") has previously entered into a "City of Round Rock Agreement for Wastewater Treatment Facility Sludge Composting Operations with Walker Aero Environmental, LLC" ("Agreement"); and WHEREAS, City and Walker Aero Environmental, LLC desire to add additional costs to the Agreement in the amount of $1,009,750.00 for the remaining term as set forth in the Agreement; and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Walker Aero Enviromnental, LLC, 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 Wastewater Treatment Facility Sludge Composting Operations with Walker Aero Environmental, LLC," 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 28th day of April, 2022. CRAIG �GIrORGAayor City of ound RV9X, Texas ((( ATTEST: /w/o A PA MEAGAN INKS, ity Clerk 0112.202n, 489242042908 EXHIBIT „A„ SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR WASTEWATER TREATMENT FACILITY SLUDGE COMPOSTING OPERATIONS WITH WALKER AERO ENVIRONMENTAL, LLC" CITY OF ROUND ROCK ) STATE OF TEXAS ) COUNTY OF WILLIAMSON ) COUNTY OF TRAVIS ) KNOW ALL BY THESE PRESENTS: This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Wastewater Treatment Facility Sludge Composting Operations with Walker Aero Environmental, LLC," hereinafter called the "Supplemental Agreement No. I," is made by and between the CITY OF ROUND ROCK, TEXAS, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664.5299, hereinafter called "City," and WALKER AERO ENVIRONMENTAL, LLC, whose offices are located at 3600 FM 973, Austin, Texas 78725, hereinafter called "Vendor." WHEREAS, City and Vendor executed an "Agreement for the Purchase of Wastewater Treatment Facility Sludge Composting Operations," hereinafter called the "Agreement' on September 27, 2018; and WHEREAS, the parties desire to add additional costs to the Agreement in the amount of $1,009,750.00 for the remaining term of the Agreement as set forth herein; NOW THEREFORE, premises considered, and in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. I, the City and Vendor agree as follows: 1. Section 5.01. "Costs. " is amended to read as follows: A. Only if, as, and when needed by City, the bid costs listed on Attachment A Bid Sheet of Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by Vendor. B. Vendor specifically acknowledges and agrees that City is not obligated to use any estimated quantity of services, and City may not expend in excess of Five Million Forty -Eighty 4895412247WW Thousand Seven Hundred Fifty and No/100 Dollars ($5,048.750.00) for the term of this Agreement. 11. This Supplemental Agreement No. 1 shall amend the original Agreement as to costs only as set forth herein, with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, the City and Vendor have executed this Supplemental Agreement No. 1 to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK, TEXAS By: Printed Name: Title: Date Signed: ATTEST: By: Meagan Spinks, City Clerk FOR CITY, APPROVED AS TO FORM: Stephan L. Sheets, City Attorney WALKER AERO ENVIRONMENTAL, LLC By: erh. Printed Name: 'J (fc0.y Tully Title:. «..k;opt IVLA± 4e Date Signed: o of •aoaa