Loading...
R-2014-1497 - 6/12/2014 a; RESOLUTION NO. R-2014-1497 WHEREAS, the City of Round Rock has previously entered into an Agreement for Purchase f 4 of General Building Construction Trades Services (HVAC Trade) from TDIndustries, Inc. ("Agreement"); and WHEREAS, TDIndustries, Inc. has submitted Supplemental Agreement No. 1 to amend the Original Agreement to increase the amount City may expend in payment per single job performed during the term of the Agreement from $15,000.00 to $50,000.00; and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with TDIndustries, Inc.,Now Therefore f' 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 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 12th day of June, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1404;00304269 x EXHIBIT SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION TRADES SERVICES (HVAC TRADE) FROM TDINDUSTRIES,INC. f CITY OF ROUND ROCK § STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TRAVIS § COUNTY OF WILLIAMSON § THIS SUPPLEMENTAL AGREEMENT NO. I to "City of Round Rock Agreement for Purchase of General Building Construction Trade Services (HVAC Trade) from TDIndustries, F Inc.," hereinafter called "Supplemental Agreement No. 1," is made by and between the City of Round Rock, Texas, a home-rule municipality, hereinafter called "City" and TDIndustries, Inc., hereinafter called"TDIndustries." WHEREAS, City and TDIndustries executed the referenced "City of Round Rock Agreement for Purchase of General Building Construction Trade Services (HVAC Trade) from TDIndustries, Inc.," hereinafter called the "Agreement," on June 27, 2013, by Resolution No. R- 13-06-27-E8;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 in payment per single h job performed by TDIndustries during the term of the Agreement from $15,000.00 to $50,000.00; and 4 NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 1, City and TDIndustries agree that said Agreement is amended and supplemented as follows: I. G Section 6.01 of Agreement shall be amended as follows: 6.01 COSTS TDIndustries specifically acknowledges and agrees that City is not obligated to use any F estimated annual quantity of services, and City may not expend in excess of $50,000.00 in payment of such services per single job performed during the initial term of this Agreement. Only if, as, and when needed by City, the bid costs listed in Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by TDIndustries. 00298297/ss2 i 3 II. This Supplemental Agreement No. 1 amends Section 6.01 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 TDIndustries have executed this Supplemental Agreement 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 e: Lc2,4 u —t Title: Title: Q vicE S4zEs /yJ,ANAGEl2 Date Signed: Date Signed: -,4- ATTEST: i By: Sara L. White, City Clerk q FOR CITY, APPROVED AS TO FORM: } By: Stephan L. Sheets, City Attorney R 2 i cl J i � z LLJ O w (D � J X 0 O w 0 K t 3 SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION TRADES SERVICES (HVAC TRADE) 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. 1 to "City of Round Rock Agreement for Purchase of General Building Construction Trade Services (HVAC Trade) from TDIndustries, Inc.," hereinafter called "Supplemental Agreement No. 1," is made by and between the City of Round Rock, Texas, a home-rule municipality, hereinafter called "City" and TDIndustries, Inc., hereinafter called"TDIndustries." WHEREAS, City and TDIndustries executed the referenced "City of Round Rock Agreement for Purchase of General Building Construction Trade Services (HVAC Trade) from " TDIndustries, Inc.," hereinafter called the "Agreement," on June 27, 2013, by Resolution No. R- 13-06-27-E8; 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 in payment per single job performed by TDIndustries during the term of the Agreement from $15,000.00 to $50,000.00; and F NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 1, City and TDIndustries agree that said tl4 Agreement is amended and supplemented as follows: I. Section 6.01 of Agreement shall be amended as follows: 6.01 COSTS TDIndustries 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 $50,000.00 in payment of such services per single job performed during the initial term of this Agreement. Only if, as, and when needed by City, the bid costs listed in Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by TDIndustries. 00298297/ss2 R-2014-1497 This Supplemental Agreement No. 1 amends Section 6.01 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 TDIndustries have executed this Supplemental Agreement 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: h W114561M VV Printed e: L 02A —c Title: L4 Title: 55�-,e wcE SgkEs 145k v.46E2 Date Signed: Date Signed: !"z4/ref e- ATTEST: By: P Sara L. White, City Clerk FOR CITY,APPROVED AS TO By: Ci Attorney RR k-4 _tom 5 t i" 2 9