CM-2019-0139 - 5/17/2019Hydro Gate Sales phone: 303-28&7873
MUELLER 12000 East 471h Ave, fa:c 303-287,8531
Suite 200 hydrogatecom
Denver, CO 80239
February 3, 2019
William Kinder
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Total 2 Pages
Subject: Buyer's Purchase Order #: 20190506-01
Hydro Gate Shop Order #: 2486818
Project: Water Treatment Plant
-Contract Modification Agreement -
Dear Mr. Kinder:
We have received your purchase order. Thank you. During our order processing cycle, we reviewed the terms
and conditions of your order for compliance with our Terms and Conditions of Sale available on our website,
htto-//www.hydropte.com/terms-condition During this review, we noted that certain provisions in your
order conflict with our Terms and Conditions of Sale. Because of this conflict, we cannot accept your order as
written. Prior to formal acceptance, we are asking you to agree to the following modifications:
• Please direct purchase order to Henry Pratt Company, LLC f/k/a Hydro Gate, I2000 East 47'1' Ave, Suite
200, Denver, CO 80239 or Hydro Gate c/o Sales Representative.
+ Section 63 (Warranty -Price) of the Purchasing DefinitiStandard and Conditions Please note
that Hydro Gate reserves the right to increase the price for any or all products on this purchase order if you
delay the shipment of products by more than twelve (12) months beyond the originally scheduled shipping
date.
•
Sections Dama a and 64 (Warranty) of the Purcbesing Defin' ' ns. StandlW Terms and Conditions.
Any Warranty provisions in the purchase order shall be replaced in their entirety with:
Hydro Gate (Seller) warrants that, at its option, it will repair, replace, or refund the unit purchase price of
any products which are non -conforming due to Seller's material or workmanship during the Warranty
period. The warranty period shall be twenty-four (24) months after date of shipment. This warranty shall
be Buyer's sole remedy. In order to maintain this product Warranty, Buyer must give written notice to
Seller's Field Service Supervisor prior to any work being performed. in no event shall Warranty include
the cost of removal or reinstallation.
IN CONSIDERATION OF THE FOREGOING, SELLER EXCLUDES ALL OTHER EXPRESS OR
IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND
MUELLER• I EMOLOGICS• I HYDRDUATE+ I HMR"UARD+ I JONES- I MI.NET+ I MILLIKEN• I PRAM I SINGER* I U.S. PIPE VALVE ANDHYDRAW
Page 2 of 2
FITNESS FOR A PARTICULAR PURPOSE,
Section 39 (Liability) of the Purchasing Definitions, Standard Terms and Conditions. Limitation of
Seller's Liability: Sailer shall not be liable for any loss of special, liquidated, incidental, or consequential
damages. For clarity, please not that the Seiler shall have no liability for liquidated damages for delay,
whether such damages are specified in the Buyer's purchase order, the owner's prime contract, or
elsewhere. Seller's total liability hereunder shall not exceed the purchase price paid to the Seller for any
such defective material.
• Sections 32 (Indemnity) and 40 (Lignsl o he_Purc g Definition ,Standard Terms and Conditions.
Indemnification shall be limited solely to third -party claims and Seller's willful misconduct or negligence.
If it is more convenient than issuing a change order reflecting these changes, you may indicate your
acceptance of the above by signing where indicated and returning the original or a PDF of this letter via email
to Susan Dye at LdXahydrggate.com.
Thank you for your cooperation in resolving these points. We look forward to working with you on
this project. Should you have any questions, please do not hesitate to contact Susan Dye at 303-288-7873.
Regards,
Nicholaus J. Peyton
Vice President and General Manager, Specialty Valves
Accepted by:
Title:
Date: 'S
MUELLER
City of Round Rock
' ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing T&Cs modification to a Purchase Order, an addendum
to the contract with Hydro Gate for Water Treatment Plant.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/17/2019
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost:
Indexes:
Attachments: Agmt.pdf, LAF.pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2019-0139
Currently, the gate on Phase 3 of the Water Treatment Plant is made of aluminum and has
started to develop pitting due to intermittent chemical feed usage at the intake. With the plan to
inject sodium permanganate at the lake to mitigate zebra mussels, the chemical feed will be
constant and will eat away at the aluminum gate. With this in mind, the City has decided to
replace the gate with a stainless steel material that has good compatibility with the sodium
permanganate feed system being installed.
The purpose of this purchase is to prevent a catastrophic gate valve failure at the plant, which
happened in 2012 due to chemical incompatibility with the aluminum slide gates on Phase 5.
The cost of the gate is being negotiated with Hydro Gate, the manufacturer of the gate, and will
be paid for out of the annual operating budget in the Water Utility Fund.
City otRound Rock Page 1 Printed on 511011019