Contract - Smith Pump Company - 8/8/2019 _ ° SMITH Remit to 301 M&B Industrial Blvd.
�-•'� PUMP Waco,Tx 76712
o �■■■ COMPANY INC. Phone .............: (254)776-0377
Fax ................: (254)776-0023
Bill to .: City of Round Rock QUOTATION
apinvoices@roundrocktexas.gov
221 East Main Number ...........:SQ024461-1 Page : 1 of 4
Sales order .......: Date .:5/21/2019
Round Rock,TX 78664 Your ref. ..........: Our ref:428
Requisition ........: Payme:Net 30 Days
Contact: Mark Hurd Quotation deadline :6/21/2019 Sales :TXCEN
Phone :512 218 5433 Delivery Term .....: FOB Destination Name : Darrel R.Mize
Fax ...:512 218 7097
Ship to : City of Round Rock
3939 East Palm Valley Blvd
Round Rock, TX 78665
Contact:Sam Garcia
Phone :512-218-2005
Fax ...:512 218 7097
***Q U O TA T 10 N***
UNIT DESCRIPTION QUANTITY UNIT PRICE TOTAL
1.0000 WAS Pump-Flowserve 4MF Replacement 1.00 46,154.00 46,154.00
(2)Flowserve 4MF13C-4T Pump
20 HP 1175 RPM
460V/3PH/6OHz
Duplicate bare pump of S/N:96-3392916
-Mechanical Seal(PSS4 split seal)
(1)Item of delivery
Lead Time: 19 Weeks ARO
2.0000 RAS Pump-Flowserve 12MN Replacement-Mech.Seal 1.00 72,154.00 72,154.00
Conditions of Service:
3850 GPM 28'TDH
Duplicate bare pump of S/N:96-33-92915
(1)Flowserve 12MN14C 6A Pump
40 HP 890 RPM
46OV/3PH/6OHz
-Mechanical Seal(PSS4 Split seal)
(1)Item of delivery
Lead Time:21 weeks ARO
Sales balance Total discount Misc.charges Sales tax Round-off Total
118,308.00 0.00 0.00 0.00 0.00 118,308.00 USD
° SMITH Remit to 301 M&B Industrial Blvd.
�-'� PUMP Waco,TX 76712
o �■■■ COMPANY INC. Phone .............: (254)776-0377
Fax ................: (254)776-0023
Bill to .: City of Round Rock QUOTATION
apinvoices@roundrocktexas.gov
221 East Main Number ...........:SQ024461-1 Page :2 of a
Sales order .......: Date .:5/21/2019
Round Rock,TX 78664 Your ref. ..........: Our ref:428
Requisition ........: Payme: Net 30 Days
Contact:Mark Hurd Quotation deadline :6/21/2019 Sales :TXCEN
Phone :512 218 5433 Delivery Term .....: FOB Destination Name : Darrel R.Mize
Fax ...:512 218 7097
Ship to : City of Round Rock
3939 East Palm Valley Blvd
Round Rock,TX 78665
Contact: Sam Garcia
Phone :512-218-2005
Fax ...:512 218 7097
TERMS AND CONDITIONS
1. Applicability—These Terms and Conditions of Sale("Terms")shall govern all sales of equipment or services to Customer. These Terms supersede any prior written or
oral agreement,understanding,representation or promise and any pre-printed or standard terms and conditions contained in Customer's request for quote,purchase order,
invoice,order acknowledgement or similar document. These Terms may not be amended,supplemented,changed or modified except by concurrent or subsequent written
agreement signed by an authorized representative of both Smith Pump Company("SPCO")and Customer. SPCO's acknowledgement of Customer's purchase order shall
not constitute acceptance of any terms or conditions contained therein which are in any way inconsistent with the Terms. Any additional or different terms or conditions
included in any acceptance of this quotation are expressly disclaimed and rejected in advance,and unless there is prior mutual agreement otherwise,shall not become a part
of any contract resulting from this quotation.
2. Price—Unless otherwise stated in this quotation,all prices are FOB shipping point. All transportation,insurance and similar charges incident to delivery shall be borne by
the customer. This quotation is valid for thirty(30)days only.Shipping dates are approximate and are based on prompt receipt of all necessary information. In the case of
delay in furnishing complete information to SPCO,dates of shipment may be extended for a reasonable time. In the event SPCO provides transport services,these will be
quoted as a lump sum price based on destination and shipping mode.
In the event Customer requests a delay or suspension in the completion and/or shipment of equipment or services covered by this quotation,or any part thereof,for any
reason,the parties shall agree upon any cost and/or scheduling impact of such delay and all such costs to Customer's account. Any delay period beyond thirty(30)days after
original scheduled shipment date shall require Customer to(i)take title and risk of loss of any equipment covered by this quotation,and(ii)make arrangements for the
storage of such equipment with SPCO or other party. SPCO's invoice,which is contractually based on shipment,shall be issued upon SPCO's readiness to ship the
equipment covered by this quotation.
SPCO shall not be liable for delay and delivery due to causes beyond its reasonable control including,but not limited to,acts of God,acts of government,acts of
Customer,fires,labor disputes,boycotts,floods,epidemics,quarantine restrictions,war,insurrection,terrorism,riot,civil or military authority,freight embargos,transportation
shortages or delays,unusually severe weather or inability to obtain necessary labor,materials or manufacturing facilities due to such causes. In the event of any such delay,
the date of delivery shall be extended for a length of time equal to the period of the delay.
3. Warranty—SPCO warrants new equipment or parts to be free from defects in materials and workmanship for a period of eighteen(18)months from the date of shipment
or twelve(12)months from the date of startup or initial use,whichever comes first.SPCO SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL,INCIDENTAL,
SPECIAL OR LIQUIDATED DAMAGES. NO EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL
APPLY. Repairs performed by SPCO are warranted against defects in workmanship and/or materials for a period of twelve(12)months from the date of shipment. SPCO
will not be responsible for any removal or reinstallation charges or transportation charges in cases where equipment has failed under these warranty conditions. SPCO's sole
obligation and Customer's sole remedy under this warranty is repair or replacement at SPCO's election. Customer agrees to provide SPCO reasonable and clear access to
any equipment covered by this warranty which may include removal or materials or structures as well as supplying any equipment,materials or structures which are necessary
to provide reasonable access to the equipment being repaired or replaced. Costs to remove and/or reinstall equipment for warranty purposes shall be the responsibility of
Customer.
Replacement parts or repairs furnished under this warranty shall be subject to warranty provisions herein for the remaining warranty period. All equipment repaired or
replaced will be re-warranted only for the remainder of the original warranty period. SPCO does not warrant the equipment covered by this quotation or any
repair/replacement part against the effects of erosion,corrosion,or normal wear and tear due to operation or the environment.The warranty and remedies set forth herein are
conditioned upon proper storage,installation,use and maintenance of the equipment covered by this quotation in all material respects,and in accordance with SPCO's written
recommendations. Customer must notify SPCO in writing of any warranty claim during the warranty period or within thirty(30)days thereafter.
SPCO will not be liable under this warranty if warranted goods have been exposed or subjected to any(1)maintenance,repair,installation,handling,packaging,
transportation,storage,operation,or use which is improper or otherwise not in compliance with SPCO's instructions,(2)alteration,modification or repair by anyone other than
SPCO or those specifically authorized by SPCO,(3)accident,contamination,foreign object damage,abuse,neglect,or negligence after shipment to Customer,(4)damage
caused by failure of an SPCO supplied product not under warranty or by any hardware or software not supplied by SPCO,(5)use of counterfeit or replacement parts that are
not manufactured by the manufacturer of goods provided by SPCO or approved by SPCO for use in goods provided by SPCO,or(6)goods which are normally consumed in
operation or which have normal life inherently shorter than the warranty period including,but not limited to,consumables(e.g.lamps,batteries,storage capacitors).
4. Payment—All prices are net cash to be paid thirty(30)days after date of invoice. Customer agrees to make payment within that period. Discounts will apply only as
° SMITH Remit to 301 M&B Industrial Blvd.
PUMP Waco,TX 76712
o COMPANY INC. Phone .............: (254)776-0377
Fax ................: (254) 776-0023
Bill to .: City of Round Rock QUOTATION
apinvoices@roundrocktexas.gov
221 East Main Number ...........:SQ024461-1 Page :3 of 4
Sales order .......: Date .:5/21/2019
Round Rock,TX 78664 Your ref. ..........: Our ref:428
Requisition ........: Payme: Net 30 Days
Contact: Mark Hurd Quotation deadline :6/21/2019 Sales :TXCEN
Phone : 512 218 5433 Delivery Term .....:FOB Destination Name : Darrel R.Mize
Fax ...: 512 218 7097
Ship to : City of Round Rock
3939 East Palm Valley Blvd
Round Rock,TX 78665
Contact:Sam Garcia
Phone :512-218-2005
Fax ...:512 218 7097
paid within the stated terms. Should Customer for any reason fail to pay in accordance with these terms,Customer agrees to pay all collection costs,attorney's fees and
expenses incurred in collecting payment.
If Customer's financial condition is or becomes unsatisfactory to SPCO,SPCO reserves the right to(a)require payment from Customer on a cash in advance basis,(b)
require a letter of credit or other acceptable security before shipment,(c)cancel shipment at any time prior to delivery without further obligation or liability on SPCO's part,(d)
terminate any contract or obligation on the part of SPCO,or(e)require other special payment terms acceptable to SPCO to assure payment.All extensions of credit are
subject to the approval of SPCO's credit department and management.
5. Joint Check Agreement—If Customer fails to pay laborers and materialmen within thirty(30)days after payment by SPCO,SPCO will have the right to make future
payments by check payable jointly to Customer and laborers or materialmen to the extent of unpaid indebtedness arising out of the job.SPCO will credit joint checks against
the contract sum on the next payment application.
6. Taxes—The amount of all federal,state or local taxes applicable to the sale,use,delivery or transportation of the equipment or services sold hereunder and all duties,
imports,tariffs,and other similar levies shall be added to the contract price and paid by the Customer except where the Customer shall furnish an appropriate certificate of
exemption.
7. Property Damage—SPCO shall not be responsible for damage to topsoil or groundcover in connection with the work or service performed under this contract. SPCO shall
not be responsible for claims arising from the pumping of water onto the ground which is necessary in connection with the service or work provided by SPCO. The customer
agrees to hold SPCO harmless from claims arising out of damage caused by the pumping of water onto the ground.
8. Startup—If the equipment supplied pursuant to this quotation has a warranty requirement,qualified SPCO personnel must be present during the initial equipment startup
and commissioning. Failure to request and assure the presence of qualified SPCO personnel will void any warranty herein. Requests for startup must occur at least seven
(7)days prior to the scheduled date of the startup.
9. Limitation of Liability—The remedies set forth herein are exclusive and the total liability of SPCO with respect to this quotation,and any contract for goods or services
arising from this quotation,or for any breach thereof,whether based on contract,warranty,torts(including negligence),indemnity,strict liability or otherwise,shall not exceed
the quotation or sales price of the specific equipment or service which gives rise to the claim.
10. Setoff—All amounts that Customer owes SPCO under this quotation shall be due and payable in accordance with the terms of the quotation. Customer shall not setoff
such amounts or any portion thereof,whether or not liquidated,against sums which Customer asserts are due to it,its parent,affiliates,subsidiaries or other division under
other transactions with SPCO.
11. Customer Cancellation—Customer may cancel this order only upon written notice and payment to SPCO of reasonable and proper cancellation charges. In the event of
cancellation,Customer must pay for all material,expense and labor costs incurred by SPCO in connection with the materials and services to be provided pursuant to this
quotation,as well as all expenses relating to any specially fabricated materials and restocking charges.
12. Assignment—Neither party may assign this order or any portion thereof without the advance,written consent of the other party,which consent shall not be unreasonably
withheld.
13. Waiver/Severability—Failure by SPCO to assert all or any of its rights upon any breach by Customer shall not be deemed a waiver of such rights either with respect to
such breach or any subsequent breach,nor shall any waiver be implied from the acceptance of any payment. No waiver of any right shall extend to or affect any other right
Customer may possess nor shall such waiver extend to any subsequent similar or dissimilar breach.
If any portion of these Terms are determined to be illegal,invalid or unenforceable for any reason,such provision shall be deemed stricken for the purposes of the dispute
in question and all other provisions shall remain in full force and effect.
14. Applicable Law—The contract involving the sale of the equipment and services covered by this quotation shall be interpreted in accordance with the laws of the State of
Texas. This contract is performable in McLennan County,Texas and venue for any court action in any way relating to or arising out of this contract shall be McLennan
_ ° SMITH Remit to ...........: 301 M&B Industrial Blvd.
PUMP Waco, TX 76712
o COMPANY INC. Phone .............: (254)776-0377
Fax ................: (254) 776-0023
Bill to .: City of Round Rock QUOTATION
apinvoices@roundrocktexas.gov
221 East Main Number ...........:SQ024461-1 Page :4 of 4
Sales order .......: Date .:5/21/2019
Round Rock,TX 78664 Your ref. ..........: Our ref:428
Requisition ........: Payme:Net 30 Days
Contact:Mark Hurd Quotation deadline :6/21/2019 Sales :TXCEN
Phone :5122185433 Delivery Term .....:FOB Destination Name :Darrel R.Mize
Fax ...: 512 218 7097
Ship to : City of Round Rock
3939 East Palm Valley Blvd
Round Rock,TX 78665
Contact:Sam Garcia
Phone :512-218-2005
Fax ...:512 218 7097
ACCEPTED BY:
COMPANY NAME:
PROJECT REFERENCE:
SIGNED ON DATE:
SIGNED:
PRINTED NAME:
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 it 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. 2019-501922
Smith Pump Company, Inc.
Waco, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which the form is 06/07/2019
being filed.
City of Round Rock 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.
000000
Supply pumps
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Radtke, Jean Austin,TX United States X
Wilson, Elizabeth Austin,TX United States X
Smith, Glenda Austin,TX United States X
Smith,i Granger Waco, TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name isuV-V` w v`tJ and my date of birth
My address is dA
(street) (city) (state) (zip code) (country)
I declare under penalty ofperjurythat the foregoing is true and correct.
Executed in I kL kI Vv County, Stale of on the"ay of 201.
(mo ) (year)
Signature of auYnorized ag t of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c
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. 2019-501922
Smith Pump Company, Inc.
Waco,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is06/07/2019
being filed.
City of Round Rock Date Acknowledged:
07/23/2019
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.
000000
Supply pumps
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Radtke,Jean Austin,TX United States X
Wilson, Elizabeth Austin,TX United States X
Smith, Glenda Austin,TX United States X
Smith, L.Granger Waco,TX United States X
5 Check only if there is NO Interested Party. ❑
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 V1.1.39f8039c