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R-07-03-08-12E1 - 3/8/2007 RESOLUTION NO. R-07-03-08-12E1 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. 3 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. 3 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. 3 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. 3 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. 3 to the Agreement for 0:\wdox\RESOLUTI\R70308E1.WPD/xmc Purchase of Belt Press Polymer with Fort Bend Services, 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. 3 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 8th day of March, 2007 . NY L ayor City of Round Rock, Texas ST: , CHRISTINE R. MARTINEZ, City Secret y 2 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: § SUPPLEMENTAL AGREEMENT NO.3 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 lb. cylinders) This Supplemental Agreement No. 3 to "City of Round Rock Agreement for Purchase of Chlorine (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 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 11 th day of March, 2004; and WHEREAS, the City and Vendor extended same for the first allowable renewal period by letter agreement in 2005; and WHEREAS, the City and Vendor extended same for the second allowable renewal period through execution of Supplemental Agreement No. 2 on the 23rd day of March, 2006; and WHEREAS, it has become necessary to extend the Agreement for the third and final renewal period; 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. 3 embodies the third :EXHIBITE 00107634/jkg nAn and final 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. 3 in duplicate originals. DPC INDUSTRIES,INC. By: ILLL�4 Printed Name: I ur+ 9,. er Title: A)&fi" -Seg ftl&" *,- Date: ( qj t0 [of. CITY OF ROUND ROCK By: Nyle Maxwell,Mayor Date: ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney 2 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: § SUPPLEMENTAL AGREEMENT NO. 3 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF LIQUID ALUMINUM SULFATE FROM BAY CHEMICAL & SUPPLY COMPANY" FIRM: Bay Chemical & Supply Company("Vendor") ADDRESS: Post Office Box 1160, Odem,Texas 78370 REFERENCE: Purchase of Liquid Aluminum Sulfate This Supplemental Agreement No. 3 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 1 lth day of March,2004; and WHEREAS, the City and Vendor extended same for the first allowable renewal period by letter agreement in 2005; and WHEREAS, the City and Vendor extended same for the second allowable renewal period through execution of Supplemental Agreement No. 2 on the 23rd day of March,2006; and WHEREAS, it has become necessary to extend the Agreement for the third and final renewal period; 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. 3 embodies the third EEXIHIIBIT 00107640/jkg " and final 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. 3 in duplicate originals. BAY CHEMICAL& SUPPLY COMPANY By: �nceu,Z.eJ Printed Name: Virginia Linn Title: General Mgr Date: 12/20/06 CITY OF ROUND ROCK By: Nyle Maxwell,Mayor Date: ATTEST: Christine R.Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney 2 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO.3 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF LIQUID CATIONIC POLYMER FROM BAY CHEMICAL & SUPPLY COMPANY" FIRM: Bay Chemical &Supply Company("Vendor") ADDRESS: Post Office Box 1160, Odem,Texas 78370 REFERENCE: Purchase of Liquid Cationic Polymer This Supplemental Agreement No. 3 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 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 11 th day of March, 2004; and WHEREAS, the City and Vendor extended same for the first allowable renewal period by letter agreement in 2005; and WHEREAS, the City and Vendor extended same for the second allowable renewal period through execution of Supplemental Agreement No. 2 on the 23rd day of March, 2006; and WHEREAS, it has become necessary to extend the Agreement for the third and final renewal period; 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. 3 embodies the third EXHIBIT 00107642/jkg nCn and final 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. 3 in duplicate originals. BAY CHEMICAL& SUPPLY COMPANY By: Printed Name: Virginia Linn Title: General Mgr Date: 12/20/06 CITY OF ROUND ROCK By: Nyle Maxwell,Mayor Date: ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney 2 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO.3 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF BELT PRESS POLYMER FROM FORT BEND SERVICES, INC." FIRM: Fort Bend Services, Inc. ("Vendor") ADDRESS: Post Office Box 1688, Stafford, Texas 77497 REFERENCE: Purchase of Belt Press Polymer This Supplemental Agreement No. 3 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 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 th day of March, 2004; and WHEREAS, the City and Vendor extended same for the first allowable renewal period by letter agreement in 2005; and WHEREAS, the City and Vendor extended same for the second allowable renewal period through execution of Supplemental Agreement No. 2 on the 23rd day of March, 2006; and WHEREAS, it has become necessary to extend the Agreement for the third and final renewal period; 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. 3 embodies the third EXHIBIT 00107643/jkg nDn and final 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. 3 in duplicate originals. FOROT BEND SERVICES, INC. By: A M6S &Ujaow� Printed Name: ']iia( Z"AMas Title: SA IES M A tJ A6 Lit_ Date: -De wvk a 12. 200 CITY OF ROUND ROCK By: Nyle Maxwell,Mayor Date: ATTEST: Christine R.Martinez,City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney 2 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO.3 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF ANHYDROUS AMMONIA FROM LAROCHE INDUSTRIES, INC.,NOW KNOWN AS AIRGAS SPECIALTY PRODUCTS, INC." FIRM: Airgas Specialty Products, Inc., successor in interest to LaRoche Industries, Inc. ("Vendor") ADDRESS: inn 10 lane Fleffy RQad, Suite 690, Ate(-38342 REFERENCE: Purchase of Anhydrous Ammonia This Supplemental Agreement No. 3 to "City of Round Rock Agreement for Purchase of Anhydrous Ammonia from LaRoche Industries, Inc., 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 Vendor executed the referenced "City of Round Rock Agreement for Purchase of Anhydrous Ammonia from LaRoche Industries, Inc.," hereinafter called the"Agreement,"on the 11 th day of March,2004; and WHEREAS, the City and Vendor extended same for the first allowable renewal period by letter agreement in 2005; and WHEREAS, the City and Vendor extended same for the second allowable renewal period through execution of Supplemental Agreement No. 2 on the 23rd day of March, 2006; and WHEREAS, it has become necessary to extend the Agreement for the third and final renewal period; 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 EXHIBIT 00107639/jkg "Ell E ll are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. This Supplemental Agreement No. 3 embodies the third and fmal 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. 3 in duplicate originals. AIRGAS SPECIALTY PRODUCTS,INC. By: Printed Name. Title: At&q �- 25r- Date: CITY OF ROUND ROCK By: Nyle Maxwell,Mayor Date: ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney 2 DATE: March 1, 2007 SUB]ECT: City Council Meeting - March 8, 2007 ITEM: *12.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 with Bay Chemical and Supply Company, LaRoche Industries, Inc., DPC Industries, Inc. and Fort Bend Services, Inc. for water treatment chemicals. Department: Water/Wastewater Utility Staff Person: Michael D. Thane, Director 3ustification: 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 $100,800. Cost based on an estimated 12-month usage of 525 tons of Liquid Aluminum Sulfate at $192 per ton. Liquid Cationic Polymer, used in the coagulation process from, Bay Chemical & Supply Company at a cost of $25,319. Cost based on an estimated 12-month usage of 7,425 gallons of Liquid Cationic Polymer at an average of $3.41 per gallon. Anhydrous Ammonia, used in the water disinfection process, from LaRoche Industries at a cost of $15,200. Cost based on an estimated 12-month usage of 40,000 pounds of Anhydrous Ammonia at $0.38 per pound. Chlorine (150 LB. Cylinders), used in the disinfection process at the Lake Creek Well site, from DPC Industries, Inc. at a cost of $4,699. Cost based on an estimated 12-month usage of 66.66 cylinders of chlorine at $70.50 per cylinder. Belt Press Polymer, used in the coagulation process, from Fort Bend Services, Inc. at a cost of $8,623. Cost based on an estimated 12-month usage of 965 gallons of Belt Press Polymer at $8.94 per gallon. Fundina• Cost: $156,641.00 Source of funds: Utility Department Operating Budget Outside Resources: N/A Backaround 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 EXECUTED DOCUMENT FOLLOWS THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO. 3 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF BELT PRESS POLYMER FROM FORT BEND SERVICES, INC." FIRM: Fort Bend Services, Inc. ("Vendor") ADDRESS: Post Office Box 1688, Stafford, Texas 77497 REFERENCE: Purchase of Belt Press Polymer This Supplemental Agreement No. 3 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 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, the City and Vendor extended same for the first allowable renewal period by letter agreement in 2005; and WHEREAS, the City and Vendor extended same for the second allowable renewal period through execution of Supplemental Agreement No. 2 on the 23rd day of March, 2006; and WHEREAS, it has become necessary to extend the Agreement for the third and final renewal period; 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. 3 embodies the third 00107643/jkg k- 07-03-0'5-an and final 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. 3 in duplicate originals. FOROT BEND SERVICES,INC. By: S"d Printed Name: Diy TA YN E S Title: SALE s rY1waA6 E!L Date: J" c�w.bE�c 12,ZyD G CITY OF ROPTD By: N M Date: — ATTEST: Christine R. Martinez, City Secretary APPR4. eets', O F RM: J Q StephCity Attorney 2 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO.3 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF LIQUID CATIONIC POLYMER FROM BAY CHEMICAL & SUPPLY COMPANY" FIRM: Bay Chemical & Supply Company("Vendor") ADDRESS: Post Office Box 1160, Odem, Texas 78370 REFERENCE: Purchase of Liquid Cationic Polymer This Supplemental Agreement No. 3 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 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 11 th day of March, 2004; and WHEREAS, the City and Vendor extended same for the first allowable renewal period by letter agreement in 2005; and WHEREAS, the City and Vendor extended same for the second allowable renewal period through execution of Supplemental Agreement No. 2 on the 23rd day of March, 2006; and WHEREAS, it has become necessary to extend the Agreement for the third and final renewal period; 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.3 embodies the third 00107642/jkg k-07-03 and final 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. 3 in duplicate originals. BAY CHEMICAL& SUPPLY COMPANY By: Printed Name: Virginia Linn Title: General Mar Date: 12/20/06 CITY OF RO D By: Ny ,May r Date: r ATTEST: Christine R.Martinez, City Secretary APP ED AS ITO F RM: Stephan . Sheets,City Attorney or 2 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO.3 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF LIQUID ALUMINUM SULFATE FROM BAY CHEMICAL & SUPPLY COMPANY" FIRM: Bay Chemical & Supply Company("Vendor") ADDRESS: Post Office Box 1160, Odem,Texas 78370 REFERENCE: Purchase of Liquid Aluminum Sulfate This Supplemental Agreement No. 3 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, the City and Vendor extended same for the first allowable renewal period by letter agreement in 2005; and WHEREAS, the City and Vendor extended same for the second allowable renewal period through execution of Supplemental Agreement No. 2 on the 23rd day of March, 2006; and WHEREAS, it has become necessary to extend the Agreement for the third and final renewal period; 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. 3 embodies the third 00107640/'kg R-G'7-1�3-03- 1 and final 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. 3 in duplicate originals. BAY CHEMICAL & SUPPLY COMPANY By: -r"za� g4-r . Printed Name: Virginia Linn Title: General Mgr Date: 12/20/06 CITY OF ROR PCV By: _ Date: Nyl t� or 67 A TEST: Jou� le, &LAtj,� Christine R. Martinez, City Secretary APPR ED AS TO F Ste—phaiQL. Sheets,City Attorney vP 2 r THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO.3 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. 3 to "City of Round Rock Agreement for Purchase of Chlorine (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 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 Ith day of March, 2004; and WHEREAS, the City and Vendor extended same for the first allowable renewal period by letter agreement in 2005; and WHEREAS, the City and Vendor extended same for the second allowable renewal period through execution of Supplemental Agreement No. 2 on the 23rd day of March, 2006; and WHEREAS, it has become necessary to extend the Agreement for the third and final renewal period; 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. 3 embodies the third 001076341'kg ,e-�71 . IaE� r ' r and final 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. 3 in duplicate originals. DPC INDUSTRIE C. By: Printed Name: u r i e Title: _Il10 b.,a� Sk6A Mango,- Date: t 211016 S. CITY OF ROR By: Nyle �M or Date: Cil A;kTEST:. ( ��A j �Tj�uj k. Christine R. Martinez, City Secretary APP D AS TO FO �R. Stephan V. Sheets, City Attorney or 2 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO.3 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF ANHYDROUS AMMONIA FROM LAROCHE INDUSTRIES, INC.,NOW KNOWN AS AIRGAS SPECIALTY PRODUCTS,INC." FIRM: Airgas Specialty Products, Inc., successor in interest to LaRoche Industries, Inc. ("Vendor") ADDRESS: L-10-04;-6—nEea P",Road, ^�}te-6AGA3A;4� REFERENCE: Purchase of Anhydrous Ammonia This Supplemental Agreement No. 3 to "City of Round Rock Agreement for Purchase of Anhydrous Ammonia from LaRoche Industries, Inc., 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 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, the City and Vendor extended same for the first allowable renewal period by letter agreement in 2005; and WHEREAS, the City and Vendor extended same for the second allowable renewal period through execution of Supplemental Agreement No. 2 on the 23rd day of March, 2006; and WHEREAS, it has become necessary to extend the Agreement for the third and final renewal period; 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 001076391kg l2-07-03--0S-la E I are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. This Supplemental Agreement No. 3 embodies the third and fmal 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. 3 in duplicate originals. AIRGAS SPECIALTY PRODUCTS,INC. By: (/ l Printed Name. Title: MarA<pr Date: CITY OF ROU R By: Nyle ell, r Date: — ATTEST: Christine R. Martinez, City gecrefary APPROVED ATO FORM: l` c G GP Stephan L. Shee ,City Attorney 2