R-05-05-26-12B1 - 5/26/2005RESOLUTION NO. R -05-05-26-12B1
WHEREAS, the City of Round Rock has previously entered into
Agreements for Purchase of water treatment chemicals ("Agreements") with
Altivia Corporation, DPC Industries, Inc., Bay Chemical and Supply
Company, PENNCO, Inc., Fort Bend Services, Inc., and LaRoche Industries,
Inc . , and
WHEREAS, the City Council desires to enter into said Supplemental
Agreements No. 1 to the Agreements to extend the Agreements by renewal,
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 the Agreement for
Purchase of Chlorine (1 ton cylinders) with Altivia Corporation, a copy
of same being attached hereto as Exhibit "A" and incorporated herein,
and
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 Chlorine (150 lb. cylinders) with DPC Industries, Inc., a
copy of same being attached hereto as Exhibit "B" and incorporated
herein, and
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 Liquid Aluminum Sulfate with Bay Chemical and Supply
Company, a copy of same being attached hereto as Exhibit "C" and
incorporated herein, and
That the Mayor is hereby authorized and directed to execute on
behalf of the City Supplemental Agreement No. 1 to the Agreement for
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Purchase of Hydrofluosilicic Acid 23% with PENNCO, Inc., a copy of same
being attached hereto as Exhibit "D" and incorporated herein, and
That the Mayor is hereby authorized and directed to execute on
behalf of
the City Supplemental Agreement No. 1
Purchase of Liquid Cationic Polymer with Bay
Company, a copy of same
incorporated herein, and
That the Mayor is hereby authorized
behalf of the City Supplemental Agreement
being attached
hereto
to the Agreement for
Chemical and Supply
as Exhibit "E"
and
and directed to execute on
No. 1 to the Agreement for
Purchase of Belt Press Polymer with Fort Bend Services, Inc, a copy of
same being attached hereto as Exhibit "F" and incorporated herein, and
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 Anhydrous Ammonia with LaRoche Industries, Inc., a copy of
same being attached hereto as Exhibit "G" and incorporated herein.
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 26th day of May, 200
CHRISTINE R. MARTINEZ, City Secrary
2
WE , 'ayor
of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
CHLORINE (TON CYLINDERS) FROM ALTIVIA CORPORATION"
FIRM: Altivia Corporation ("Vendor")
ADDRESS: 1100 Louisiana, Suite 3160, Houston, Texas 77002
REFERENCE: Purchase of Chlorine (Ton Cylinders)
This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of
Chlorine (Ton Cylinders) from Altivia Corporation" is made by and between the City of Round
Rock, Texas, hereinafter called the "City," and Altivia Corporation, hereinafter called the
"Vendor."
WHEREAS, the City and the Vendor executed the referenced "City of Round Rock
Agreement for Purchase of Chlorine (Ton Cylinders) from Altivia Corporation," hereinafter
called the "Agreement," on the 1 l th day of March, 2004; and
WHEREAS, it has become necessary to extend the Agreement by renewal; and
NOW THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 2.01, Subsection B shall be amended as follows:
B. The term of this original Agreement is for twelve (12) months from the effective
date of this original Agreement. This original Agreement permits renewal for successive terms
of twelve (12) months each, not to exceed in the aggregate three (3) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first
renewal of twelve (12) months, following the expiration of the original term of twelve (12)
months, and extends the original Agreement as to time only with no other changes in terms
or conditions of the original Agreement.
IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals.
00086238/jkg
1
EXHIBIT
uAn
ALTIVIA CORPORATION
By:
Printed Name:
Title:
Date:
CITY OF ROUND ROCK
By:
Date:
Nyle Maxwell, Mayor
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
00086238/jkg
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
CHLORINE (150 LB. CYLINDERS) FROM DPC INDUSTRIES, INC."
FIRM: DPC Industries, Inc. ("Vendor")
ADDRESS: 601 W. Industrial Blvd., Cleburne, Texas 76031
REFERENCE: Purchase of Chlorine (150 Ib. cylinders)
This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of
Chlorine (150 Ib. cylinders) from DPC Industries, Inc." is made by and between the City of
Round Rock, Texas, hereinafter called the "City," and DPC Industries, Inc., hereinafter called
the "Vendor."
WHEREAS, the City and Vendor executed the referenced "City of Round Rock
Agreement for Purchase of Chlorine (150 lb. cylinders) from DPC Industries, Inc.," hereinafter
called the "Agreement," on the 1 lth day of March, 2004; and
WHEREAS, it has become necessary to extend the Agreement by renewal; and
NOW THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 2.01, Subsection B shall be amended as follows:
B. The term of this original Agreement is for twelve (12) months from the effective
date of this original Agreement. This original Agreement permits renewal for successive terms
of twelve (12) months each, not to exceed in the aggregate three (3) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first
renewal of twelve (12) months, following the expiration of the original term of twelve (12)
months, and extends the original Agreement as to time only with no other changes in terms
or conditions of the original Agreement.
IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals.
00086213/jkg
EXHIBIT
"B"
DPC INDUSTRIES, INC.
By:
Printed Name:
Title:
Date:
CITY OF ROUND ROCK
By:
Date:
Nyle Maxwell, Mayor
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
00086213/jkg
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
LIQUID ALUMINUM SULFATE FROM BAY CHEMICAL & SUPPLY COMPANY"
FIRM: Bay Chemical & Supply Company ("Vendor")
ADDRESS: P. O. Box 1160, Odem, Texas 78370
REFERENCE: Purchase of Liquid Aluminum Sulfate
This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of
Liquid Aluminum Sulfate from Bay Chemical & Supply Company" is made by and between the
City of Round Rock, Texas, hereinafter called the "City," and Bay Chemical & Supply
Company, hereinafter called the "Vendor."
WHEREAS, the City and Vendor executed the referenced "City of Round Rock
Agreement for Purchase of Liquid Aluminum Sulfate from Bay Chemical & Supply Company,"
hereinafter called the "Agreement," on the 11th day of March, 2004; and
WHEREAS, it has become necessary to extend the Agreement by renewal; and
NOW THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 2.01, Subsection B shall be amended as follows:
B. The term of this original Agreement is for twelve (12) months from the effective
date of this original Agreement. This original Agreement permits renewal for successive terms
of twelve (12) months each, not to exceed in the aggregate three (3) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first
renewal of twelve (12) months, following the expiration of the original term of twelve (12)
months, and extends the original Agreement as to time only with no other changes in terms
or conditions of the original Agreement.
IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals.
00086241/jkg
11 EXHIBIT
IVO
BAY CHEMICAL & SUPPLY COMPANY
By:
Printed Name:
Title:
Date:
CITY OF ROUND ROCK
By:
Date:
Nyle Maxwell, Mayor
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
00086241/jkg
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
HYDROFLUOSILICIC ACID 23% FROM PENCCO, INC."
FIRM: Pencco, Inc. ("Vendor")
ADDRESS: 831 Bartlett, Sealy, Texas 77474
REFERENCE: Purchase of Hydrofluosilicic Acid 23%
This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of
Hydrofluosilicic Acid 23% from Pencco, Inc." is made by and between the City of Round Rock,
Texas, hereinafter called the "City," and Pencco, Inc., hereinafter called the "Vendor."
WHEREAS, the City and the Vendor executed the referenced "City of Round Rock
Agreement for Purchase of Hydrofluosilicic Acid 23% from Pencco, Inc.," hereinafter called the
"Agreement," on the 1 lth day of March, 2004; and
WHEREAS, it has become necessary to extend the Agreement by renewal; and
NOW THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 2.01, Subsection B shall be amended as follows:
B. The term of this original Agreement is for twelve (12) months from the effective
date of this original Agreement. This original Agreement permits renewal for successive terms
of twelve (12) months each, not to exceed in the aggregate three (3) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first
renewal of twelve (12) months, following the expiration of the original term of twelve (12)
months, and extends the original Agreement as to time only with no other changes in terms
or conditions of the original Agreement.
IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals.
00086239/jkg
1
EXHIBIT
"D"
PENCCO, INC.
By:
Printed Name:
Title:
Date:
CITY OF ROUND ROCK
By:
Date:
Nyle Maxwell, Mayor
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
00086239/jkg
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
LIQUID CATIONIC POLYMER FROM BAY CHEMICAL & SUPPLY COMPANY"
FIRM: Bay Chemical & Supply Company ("Vendor")
ADDRESS: P. O. Box 1160, Odem, Texas 78370
REFERENCE: Purchase of Liquid Cationic Polymer
This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of
Liquid Cationic Polymer from Bay Chemical & Supply Company" is made by and between the
City of Round Rock, Texas, hereinafter called the "City," and Bay Chemical & Supply
Company, hereinafter called the "Vendor."
WHEREAS, the City and the Vendor executed the referenced "City of Round Rock
Agreement for Purchase of Liquid Cationic Polymer from Bay Chemical & Supply Company,"
hereinafter called the "Agreement," on the 1 l th day of March, 2004; and
WHEREAS, it has become necessary to extend the Agreement by renewal; and
NOW THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 2.01, Subsection B shall be amended as follows:
B. The term of this original Agreement is for twelve (12) months from the effective
date of this original Agreement. This original Agreement permits renewal for successive terms
of twelve (12) months each, not to exceed in the aggregate three (3) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first
renewal of twelve (12) months, following the expiration of the original term of twelve (12)
months, and extends the original Agreement as to time only with no other changes in terms
or conditions of the original Agreement.
IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals.
00086240/jkg
EXHIBIT
BAY CHEMICAL & SUPPLY COMPANY
By:
Printed Name:
Title:
Date:
CITY OF ROUND ROCK
By:
Date:
Nyle Maxwell, Mayor
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
00086240/jkg
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
BELT PRESS POLYMER FROM FORT BEND SERVICES, INC."
FIRM: Fort Bend Services, Inc. ("Vendor")
ADDRESS: 13303 Redfish Lane, Stafford, Texas 77497
REFERENCE: Purchase of Belt Press Polymer
This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of
Belt Press Polymer from Fort Bend Services, Inc." is made by and between the City of Round
Rock, Texas, hereinafter called the "City," and Fort Bend Services, Inc., hereinafter called the
"Vendor."
WHEREAS, the City and the Vendor executed the referenced "City of Round Rock
Agreement for Purchase of Belt Press Polymer from Fort Bend Services, Inc.," hereinafter called
the "Agreement," on the 1 lth day of March, 2004; and
WHEREAS, it has become necessary to extend the Agreement by renewal; and
NOW THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 2.01, Subsection B shall be amended as follows:
B. The term of this original Agreement is for twelve (12) months from the effective
date of this original Agreement. This original Agreement permits renewal for successive terms
of twelve (12) months each, not to exceed in the aggregate three (3) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first
renewal of twelve (12) months, following the expiration of the original term of twelve (12)
months, and extends the original Agreement as to time only with no other changes in terms
or conditions of the original Agreement.
IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals.
00086232/jkg
FORT BEND SERVICES, INC.
By:
Printed Name:
Title:
Date:
CITY OF ROUND ROCK
By:
Date:
Nyle Maxwell, Mayor
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
00086232/jkg
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
ANHYDROUS AMMONIA FROM LaROCHE INDUSTRIES, INC."
FIRM: LaRoche Industries, Inc. ("Vendor")
ADDRESS: 1100 Johnson Ferry Road NE, Suite 690, Atlanta, Georgia 30342
REFERENCE: Purchase of Anhydrous Ammonia
This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of
Anhydrous Ammonia from LaRoche Industries, Inc." is made by and between the City of Round
Rock, Texas, hereinafter called the "City," and LaRoche Industries, Inc., hereinafter called the
"Vendor."
WHEREAS, the City and the Vendor executed the referenced "City of Round Rock
Agreement for Purchase of Anhydrous Ammonia from LaRoche Industries, Inc.," hereinafter
called the "Agreement," on the 1 lth day of March, 2004; and
WHEREAS, it has become necessary to extend the Agreement by renewal; and
NOW THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 2.01, Subsection B shall be amended as follows:
B. The term of this original Agreement is for twelve (12) months from the effective
date of this original Agreement. This original Agreement permits renewal for successive terms
of twelve (12) months each, not to exceed in the aggregate three (3) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first
renewal of twelve (12) months, following the expiration of the original term of twelve (12)
months, and extends the original Agreement as to time only with no other changes in terms
or conditions of the original Agreement.
IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals.
00086243/jkg
EXHIBIT
$ "G"
LaROCHE INDUSTRIES, INC.
By:
Printed Name:
Title:
Date:
CITY OF ROUND ROCK
By:
Date:
Nyle Maxwell, Mayor
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
00086243/jkg
DATE: May 20, 2005
SUBJECT: City Council Meeting - May 26, 2005
ITEM: *12.8.1. Consider a resolution authorizing the Mayor to execute
agreements with Altivia, DPC Industries, Inc., Bay Chemical and
Supply Company, Pennco, Inc., Fort Bend Services, Inc. and
LaRoche Industries, Inc. for the purchase of water treatment
chemicals.
Department: Water and Wastewater Utility Department
Staff Person: Tom Clark, Director of Utilities
Justification:
In March 2004, after soliciting competitive pricing, the City executed agreements with Altivia,
DPC Industries, Inc., Bay Chemical and Supply Company, Pennco, Inc., Fort Bend Services,
Inc. and LaRoche Industries, Inc. for the purchase of water treatment chemicals. The
agreements will expire in April 2005. The attached agreements will extend the time limit on
the contracts for an additional 12 months with no changes in terms or conditions.
Funding:
Cost: $201,087
Source of funds: Water and Wastewater Utility Funds
Outside Resources: N/A
Background Information:
The city bids chemicals and other items to comply with state bidding requirements and ensure
the lowest cost to customers. This item will extend current agreements for bids that were
awarded last year to the lowest bidders.
Public Comment: N/A
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
BELT PRESS POLYMER FROM FORT BEND SERVICES, INC."
FIRM: Fort Bend Services, Inc. ("Vendor")
ADDRESS: 13303 Redfish Lane, Stafford, Texas 77497
REFERENCE: Purchase of Belt Press Polymer
This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of
Belt Press Polymer from Fort Bend Services, Inc" is made by and between the City of Round
Rock, Texas, hereinafter called the "City," and Fort Bend Services, Inc., hereinafter called the
"Vendor."
WHEREAS, the City and the Vendor executed the referenced "City of Round Rock
Agreement for Purchase of Belt Press Polymer from Fort Bend Services, Inc.," hereinafter called
the "Agreement," on the 1 lth day of March, 2004; and
WHEREAS, it has become necessary to extend the Agreement by renewal; and
NOW THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 2.01, Subsection B shall be amended as follows:
B. The term of this original Agreement is for twelve (12) months from the effective
date of this original Agreement. This original Agreement permits renewal for successive terms
of twelve (12) months each, not to exceed in the aggregate three (3) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first
renewal of twelve (12) months, following the expiration of the original term of twelve (12)
months, and extends the original Agreement as to time only with no other changes in terms
or conditions of the original Agreement.
IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals.
00086232/jkg
R -C'S -os -a& L28/
FORT Byl SERVICES INC.
/
By: / / ! a•/ /J i
Printed Name. /1%,A?.TQIZTE ' ZOEO PRICE :
Title: QF,t/MAL MAN/keg
Date: S- 11. OS
CITY OF R f . ' D ' OC
By:
Date:
ATTEST:
R. tY1a
Christine R. Martinez, City Secretary
APPRO E AS TO FCIRM:
Stephan . Sheets, City Attorney
00086232/jkg
$1.25/1b delivered