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R-06-03-23-14G1 - 3/23/2006RESOLUTION NO. R -06-03-23-14G1 WHEREAS, the City of Round Rock has previously entered into Agreements for Purchase of water treatment chemicals ("Agreements") with DPC Industries, Inc., Bay Chemical and Supply Company, Fort Bend Services, Inc., and LaRoche Industries, Inc., and WHEREAS, the City Council desires to enter into said Supplemental Agreements No. 2 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. 2 to the Agreement for Purchase of Chlorine (150 lb. cylinders) with DPC Industries, Inc., 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. 2 to the Agreement for Purchase of Liquid Aluminum Sulfate with Bay Chemical and Supply Company, 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. 2 to the Agreement for Purchase of Liquid Cationic Polymer 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. 2 to the Agreement for Purchase of Belt Press Polymer with Fort Bend Services, Inc, a copy of @PFDesKtop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R6032301.WPD/SC 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. 2 to the Agreement for Purchase of Anhydrous Ammonia with LaRoche Industries, Inc., a copy of same being attached hereto as Exhibit "E" 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 23rd day of March, 2006. ST: , Mayor Ciy of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta 2 THE STATE OF TEXAS COUNTY OF WILLIAMSON § § § KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF CHLORINE (150 LB. CYLINDERS)" FROM DPC INDUSTRIES, INC. FIRM: DPC Industries, Inc. ("Vendor") ADDRESS: P.O. Box 24600, Houston, Texas 77229-4600 REFERENCE: Purchase of Chlorine (150 lb. Cylinders) This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Purchase of Chorine (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 the 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 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 was 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. 2 embodies the second renewal of twelve (12) months, following the expiration of the Supplemental Agreement No. 1 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. 2 in duplicate originals. 1 EXHIBIT tlAlt DPC INDUSTRIES, INC. By: Printed Name: 04^4 Title: A;.o Stslet D1u., ye, Date: 1 Nsi oC, CITY OF ROUND ROCK By: Date: Nyle Maxwell, Mayor ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney THE STATE OF TEXAS COUNTY OF WILLIAMSON § § § KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF LIQUID ALUMINUM SULFATE" FROM BAY CHEMICAL & SUPPLY COMPANY FIRM: Bay Chemical & Supply Co. ("Vendor") ADDRESS: P.O. Box 1160, Odem, Texas 78370 REFERENCE: Purchase of Liquid Aluminum Sulfate This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Purchase of Liquid Aluminum Sulfate from Bay Chemical & Supply Co." is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Bay Chemical & Supply Co., hereinafter called the "Vendor." WHEREAS, the City and the Vendor executed the referenced "City of Round Rock Agreement for Purchase of Liquid Aluminum Sulfate from Bay Chemical & Supply Co. 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 was 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. 2 embodies the second renewal of twelve (12) months, following the expiration of the Supplemental Agreement No. 1 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. 2 in duplicate originals. EXHIBIT a Ile BAY CHEMICAL & SUPPLY COMPANY By:Gi.t/.2cn..) ,iir/ Printed Name: Virginia Linn Title: Date: General Mgr February 1, 2006 CITY OF ROUND ROCK By: Date: Nyle Maxwell, Mayor ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney THE STATE OF TEXAS COUNTY OF WILLIAMSON § § § KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF LIQUID CATIONIC POLYMER" FROM BAY CHEMICAL & SUPPLY COMPANY FIRM: Bay Chemical & Supply Co. ("Vendor") ADDRESS: P.O. Box 1160, Odem, Texas 78370 REFERENCE: Purchase of Liquid Cationic Polymer This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Purchase of Liquid Cationic Polymer from Bay Chemical & Supply Co." is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Bay Chemical & Supply Co., 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 Co. hereinafter called the "Agreement," on the 11 `h 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 was 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. 2 embodies the second renewal of twelve (12) months, following the expiration of the Supplemental Agreement No. 1 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. 2 in duplicate originals. EXHIBIT no BAY CHEMICAL & SUPPLY COMPANY By: nt_uue.) ,) Printed Name: Virginia Linn Title: General Mgr Date: February 1, 2006 CITY OF ROUND ROCK By: Date: Nyle Maxwell, Mayor ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF BELT PRESS POLYMER" FROM FORT BEND SERVICES, INC FIRM: Fort Bend Services, Inc. ("Vendor") ADDRESS: P.O. Box 1688, Stafford, Texas 77497 REFERENCE: Purchase of Belt Press Polymer This Supplemental Agreement No. 2 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 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 was 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. 2 embodies the second renewal of twelve (12) months, following the expiration of the Supplemental Agreement No. 1 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. 2 in duplicate originals. EXHIBIT nDn FORT BEND SERVICES, INC. By: DA' �AMEs-/90/04.7 AVM) Printed Name: DAV i 0 3 Mats Title: SA(k$ .414.046€4 Date: ,34ku.4vy 3o Zoo C CITY OF ROUND ROCK By: Date: Nyle Maxwell, Mayor ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF ANHYDROUS AMMONIA" FROM LAROCHE INDUSTRIES" (NOW KNOWN AS AIRGAS SPECIALTY PRODUCTS, INC.) FIRM: Airgas Specialty Products, Inc. ("Vendor") ADDRESS: 1100 Johnson Ferry Road, Suite 600, Atlanta, GA 30342 REFERENCE: Purchase of Anhydrous Ammonia This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Purchase of Anhydrous Ammonia from LaRoche Industries" (now known as Airgas Specialty Products, Inc.) is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Airgas Specialty Products, 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", 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 was 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. 2 embodies the second renewal of twelve (12) months, following the expiration of Supplemental Agreement No. 1 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. 2 in duplicate originals. EXHIBIT II p It AIRGAS SPECIALTY PRODUCTS, INC. By: vd; Printed Name: J19A01 / Title: 4;,//4'3,2 F c'i (.o,-2 /1'6 t Date: 2/ 2 2ja(L) CITY OF ROUND ROCK By: Date: Nyle Maxwell, Mayor ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney DATE: March 16, 2006 SUBJECT: City Council Meeting - March 23, 2006 ITEM: *14.G.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreements No. 2 with DPC Industries, Inc., Bay Chemical & Supply Company, Ford Bend Services, Inc., and La Roche Industries for the purchase of water treatment chemicals. Department: Water/Wastewater Utility Staff Person: Tom Clark, Director of Utilities Justification: The City is extending the annual contracts for purchase of the following chemicals for the Water Treatment Plant because market conditions indicate the unit prices for these chemicals are still valid and re -bidding would result in higher costs to the City. The various contractual provisions allow for the recommended extensions: • Liquid Aluminum Sulfate, used in the coagulation process, from Bay Chemical & Supply Company at a cost of $ 88,200. • Liquid cationic polymer, used in the coagulation process from, Bay Chemical & Supply Company at a cost of $ 29,126. • Anhydrous Ammonia, used in the water disinfection process, from LaRoche Industries at a cost of $ 13,200. • Chlorine (150 LB. Cylinders), used in the disinfection process at the Lake Creek Well site, from DPC Industries, Inc. at a cost of $4,500. • Belt Press Polymer, used in the coagulation process, from Fort Bend Services, Inc. at a cost of $2,000. Funding: Cost: $137,026.00 Source of funds: Utility Fund Outside Resources: N/A Background Information: This is an extension of the City of Round Rock's Agreement for Purchase of Water Treatment Chemicals executed on March 11, 2004. Public Comment: N/A THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF ANHYDROUS AMMONIA" FROM LAROCHE INDUSTRIES" (NOW KNOWN AS AIRGAS SPECIALTY PRODUCTS, INC.) FIRM: Airgas Specialty Products, Inc. ("Vendor") ADDRESS: 1100 Johnson Ferry Road, Suite 600, Atlanta, GA 30342 REFERENCE: Purchase of Anhydrous Ammonia This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Purchase of Anhydrous Ammonia from LaRoche Industries" (now known as Airgas Specialty Products, Inc.) is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Airgas Specialty Products, 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", 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 was 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. 2 embodies the second renewal of twelve (12) months, following the expiration of Supplemental Agreement No. 1 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. 2 in duplicate originals. , -c 0-03-23-146,1 AIRGAS SPECIALTY PROD TS, INC. By: ,.T..°,I� 1 Aeri /Lf //,s Printed Name: Title: �(il r2ti e Date: 2_/ 2.(p C ` / Cz C- i CITY OF RP, i'N 'OP i �.�/ O'► xw • , ► ayor 3 -2,-3-c) to By: Date: R Christine R. Martinez, City Secretary APPROV 1 AS TO FO !v Stephan L. heets, City Attorney THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF BELT PRESS POLYMER" FROM FORT BEND SERVICES, INC FIRM: Fort Bend Services, Inc. ("Vendor") ADDRESS: P.O. Box 1688, Stafford, Texas 77497 REFERENCE: Purchase of Belt Press Polymer This Supplemental Agreement No. 2 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 11 �" 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 was 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. 2 embodies the second renewal of twelve (12) months, following the expiration of the Supplemental Agreement No. 1 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. 2 in duplicate originals. e_O(v-03-23- G.>! FORT BEND SERVICES, INC. By: DANlid MEs hth24,1)09c14,167 Printed Name: DAV I 0 3 Ar'4 -$ Title: 5At.ES 1M4046e1C, Date: ,icti c4vy 301 Zoo L CITYOFRI INP R; i By: i�-%� ._ N�axwell, ! ayor 3--Z -o(0 Date: Christine R. Martinez, City Secretary APPRO E AS TO FO Stephan . heets, City Attorney THE STATE OF TEXAS COUNTY OF WILLIAMSON § § § KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF LIQUID ALUMINUM SULFATE" FROM BAY CHEMICAL & SUPPLY COMPANY FIRM: Bay Chemical & Supply Co. ("Vendor") ADDRESS: P.O. Box 1160, Odem, Texas 78370 REFERENCE: Purchase of Liquid Aluminum Sulfate This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Purchase of Liquid Aluminum Sulfate from Bay Chemical & Supply Co." is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Bay Chemical & Supply Co., hereinafter called the "Vendor." WHEREAS, the City and the Vendor executed the referenced "City of Round Rock Agreement for Purchase of Liquid Aluminum Sulfate from Bay Chemical & Supply Co. hereinafter called the "Agreement," on the 11 `h 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 was 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. 2 embodies the second renewal of twelve (12) months, following the expiration of the Supplemental Agreement No. 1 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. 2 in duplicate originals. R-010-03-2.3 -Pg-1 BAY CHEMICAL & SUPPLY COMPANY By' Printed Na Virginia Linn Title: Date: General Mgr February 1, 2006 CITY OF ROU By: N Date: , ayor 3 -Z3 -o(0 Christine R. Martinez, City Secretary AP"' CVEDASTO RM: Steph . L. Sheets, City Attorney THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF LIQUID CATIONIC POLYMER" FROM BAY CHEMICAL & SUPPLY COMPANY FIRM: Bay Chemical & Supply Co. ("Vendor") ADDRESS: P.O. Box 1160, Odem, Texas 78370 REFERENCE: Purchase of Liquid Cationic Polymer This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Purchase of Liquid Cationic Polymer from Bay Chemical & Supply Co." is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Bay Chemical & Supply Co., 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 Co. 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 was 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. 2 embodies the second renewal of twelve (12) months, following the expiration of the Supplemental Agreement No. 1 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. 2 in duplicate originals. R- £2(Q -03-23 -)L/GI BAY CHEMICAL & SUPPLY COMPANY By:7%,1) c1J Printed Name: Virginia Linn Title: Date: General Mgr February 1, 2006 CITY OF ROU' 1 P OC Alf Ny f7 well, yor Date: Christine R. Martinez, City Secretary AP RIVED AS T I FORM: Step ' n L. Sheets, City • ttorney THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF CHLORINE (150 LB. CYLINDERS)" FROM DPC INDUSTRIES, INC. FIRM: DPC Industries, Inc. ("Vendor") ADDRESS: P.O. Box 24600, Houston, Texas 77229-4600 REFERENCE: Purchase of Chlorine (1501b. Cylinders) This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Purchase of Chorine (150 lb. 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 the 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 1th 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 was 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. 2 embodies the second renewal of twelve (12) months, following the expiration of the Supplemental Agreement No. 1 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. 2 in duplicate originals. Q -O 7- 23 z3- /41 / DPC INDUSTRIES, INC. By: ) 4T Printed Name:Q 'F► le ��Jr� . r Title: NAaAa VY1 a no jet- Date: et- Date: CITY OF RO By: N v� xwel , ayor Date: 32.3 -O A TEST: Christine R. Martinez, City Secretary Stephan Sheets, City Attorney