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Contract - Ferguson Enterprises, Inc. dba Ferguson Waterworks - 3/22/2018 SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR PROVISION OF REPAIR AND MAINTENANCE PARTS AND SERVICES FOR WATER LINES AND WASTEWATER LINES FROM FERGUSON ENTERPRISES,INC. d/b/a FERGUSON WATERWORKS" 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 Provision of Repair and Maintenance Parts and Services for Water Lines and Wastewater Lines from Ferguson Enterprises, Inc. d/b/a/ Ferguson Waterworks," hereinafter called "Supplemental Agreement No. 1," is made by and between the City of Round Rock, Texas, a home-rule municipality, hereinafter called the "City" and Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks, hereinafter called the"Vendor." WHEREAS, the City and Vendor executed the referenced "City of Round Rock Agreement for Provision of Repair and Maintenance Parts and Services for Water Lines and Wastewater Lines," hereinafter called the "Agreement," on March 24, 2016 by Resolution No. R-2016-3313; and WHEREAS, the City desires to amend the Scope of Services to add additional parts, specifically water meter boxes and lids; and WHEREAS, it is necessary to amend the Scope of Services and the Costs provided in the Agreement; NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 1, the City and Vendor agree that said Agreement is amended and supplemented as follows: I. Section 4.01 of the Agreement is hereby amended to read as follows: 4.01 SCOPE OF WORK Vendor shall satisfactorily provide all deliverables and services described in Exhibit "A" and the Addendum to Exhibit "A," attached hereto, and incorporated herein by reference, within the contract term specified. A change in the Scope of Services and any additional fees 00393409/ss2 related to thereof must be negotiated and agreed in all relevant details, and must be embodied in a valid Supplemental Agreement as described herein. II. Section 5.01 of the Agreement is hereby amended to read as follows: 5.01 COSTS City agrees Vendor shall be the exclusive provider of the bid items specified in Exhibit "A" and the Addendum to Exhibit "A" for the term of this Agreement, and for the remaining term of this Agreement for the parts set forth in the Addendum to Exhibit"A." City agrees to pay Vendor the amounts set forth in Exhibit "A" and the Addendum to Exhibit "A" for the various bid items purchased by the City on an as-needed basis. III. This Supplemental Agreement No. 1 shall amend the original Agreement 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 to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK, TEXAS FERGUS ENT RPRISES,INC. d/b/a FE USO ATER ' ORKS By: 14 By: Printed e: Printed ame:. " vee Title: Title: Date Signed: IDate Signed: ATTEST: By: Sara L. te, City Clerk FOR CITY, PROVED AS TO FORM: By: Stephan . Sheets, City Attorney 2 ZFERGUSON FERGUSON ENTERPRISES,INC. Deliver To: FERGUSON WATERWORKS#1254 From: James Green WATERWORKS 200 PARK CENTRAL BLVD Comments: GEORGETOWN,TX 78626 Phone:512-930-2262 Fax:512-930-2388 19:04:12 NOV 07 2017 Page 1 of 1 FERGUSON WATERWORKS#1105 Price Quotation Phone:512-930-2262 Fax:512-930-2388 Bid No: B380664 Cust Phone: 512-218-5400 Bid Date: 11/07/17 Terms: NET 10TH PROX Quoted By: JCG Customer: CITY OF ROUND ROCK Ship To: CITY OF ROUND ROCK 221 E MAIN STREET 221 E MAIN STREET ATTN:ACCOUNTS PAYABLE ATTN:ACCOUNTS PAYABLE ROUND ROCK, TX 78664 ROUND ROCK,TX 78664 Cust PO#: 11/7/2017 Job Name: METER BOX ADD Item Description Quantity Net Price UM Total COMPLETE BOXES SP-DDFW36C12AF1 EQA 16X11X12 W/AF BLK REBAR AMR LK LID 24 74.550 EA 1789.20 SP-DDFW37C12AF1 EQA 17X11X12 W/AF BLK REBAR AMR LK LID 24 92.310 EA 2215.44 SP-DDFW38C14AF1 EQA 17X15X14 W/AF BLK REBAR AMR LK LID 12 121.860 EA 1462.32 SP-DFW1730C12AFl EQ 17X30X12 W/AF BLK REBAR AMR LK LID 12 178.350 EA 2140.20 SP-DDFW65C14AF1 EQA 26X15X14 W/AF BLK REBAR AMR LK LID 9 177.110 EA 1593.99 SUBTOTAL 9201.15 LID ONLY SP-DFW36CAF1 EQALID 16X11 AF BLK REBAR AMR LK LID ONLY 150 31.990 EA 4798.50 SP-DFW37CAFl EQALID 17X11 AF BLK REBAR AMR LK LID ONLY 125 42.550 EA 5318.75 SP-DFW38CAFl EQALID 17X15 AF BLK REBAR AMR LK LID ONLY 40 45.718 EA 1828.72 SP-D1730CAF1EQALID 17X30 AF BLK REBAR AMR LK LID ONLY 40 85.880 EA 3435.20 SP-DFW65CAFl EQALID 26X15 AF BLK REBAR AMR LK LID ONLY 40 75.120 EA 3004.80 SUBTOTAL 18385.97 SP-DDFWSBLOCKXL BRS LOCK F/DFW MTR BOX 25 19.530 EA 488.25 SUBTOTAL 488.25 Net Total: $28075.37 Tax: $0.00 Freight: $0.00 Total: $28075.37 Quoted prices are based upon receipt of the total quantity for immediate shipment(48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE.QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE. CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MB E/WBE/SMALL BUSINESS REQUIREMENTS. Seller not responsible for delays,lack of product or increase of pricing due to causes beyond our control,and/or based upon Local,State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions,which are incorporated by reference and found either following this document,or on the web at http://wolseleyna.com/terms_conditionsSale.htmi. Govt Buyers: All items are open market unless noted otherwise. LEAD LAW WARNING: It is illegal to install products that are not"lead free"in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption.Products with*NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. ADDENDUM TO EXHIBIT "A" 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. 2017-296727 Ferguson Enterprises,Inc Georgetown,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 12/22/2017 being filed. City of Round Rock,Texas Date Acknowledged: 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. Water Meter Boxes&Lids amendment to add to existing Water Line&Wastewater Line Parts and Services agreement 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARA ON My name isW %'5 �?7L ____._..._ and my date of birth is My address is 0 P, 12 (street) (c ty) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Execute it 1 1-� z'. County, State of W'on thA dayo ,20t ap�Wva y' onth) (year) REBECCA E NAVARRO Notary ID# 126518525 MY COmmission Expires IroFIE*" May 18,2020 'igna re of&u6orized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1.0,3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 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. 2017-296727 Ferguson Enterprises, Inc Georgetown,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 12/22/2017 being filed. City of Round Rock,Texas Date Acknowledged: 03/12/2018 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. Water Meter Boxes&Lids amendment to add to existing Water Line&Wastewater Line Parts and Services agreement 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337