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Contract - TDIndustries, Inc. - 6/8/2017 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 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, 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 TDIndustries, Inc. executed Supplemental Agreement No. 1 amending certain material terms of the Agreement on June 12, 2014, by Resolution No. R-2014- 1497; and WHEREAS, City and TDIndustries 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-2016-3511; and WHEREAS, it has now become necessary to execute 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 NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 3, City and TDIndustries agree that said Agreement is amended and supplemented as follows: 00375213/ss2 9.1UR-- 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. II. 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: I ZIA-19 Arm - Printed Name: Printed Naff 1517 Tex Title: Title: 4 Date Signed: Date Signed: T ATTEST:By: qv&. Sara L. White, City Clerk FOR CITY, P ROVED AST FORM: By: Stephan Sheets, City Attorney 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 7-7 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-187950 TDlndustries Round Rock,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/05/2017 being filed. City of Round Rock Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. HVAC Trade Services Provide HVAC services for City of Round Rock Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. rp&6MELISSA KAY MENDIOLA MY COMMISSION EXPIRES June 4,2017 Sig atu of authorized Went f contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said 1� l Y �Q this the day of , 20_L? ,to certify which,witness my hand and seal office. Signature of office ministering oath Printed name of o er administering oath Title of officer adrhinfstering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 3.295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-187950 TDlndustries Round Rock,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/05/2017 being filed. City of Round Rock Date Acknowledged: 04/11/2017 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. HVAC Trade Services Provide HVAC services for City of Round Rock Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said this the day of 20 ,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883