R-2021-014 - 1/14/2021RESOLUTION NO. R=2021m014
WHEREAS, the City of Round Rock ("City") desires to purchase services for the repair of a
utility pump motor, and related goods and services; and
WHEREAS, Chapter 271, Subchapter F of the Texas Local Government Code allows for local
governments to participate i*n cooperative Purchasin9P9 rorams with other local governments; and
WHEREAS, the Buy Board Cooperative Purchasing Program ("Buy Board") is a cooperative
purchasing program administered by the Texas Association of School Boards for the purpose of
procuring goods and services for its members; and
WHEREAS, the City is a member of Buy Board1*
; and
WHEREAS, Smith Pump Company, Inc. i*s an approved vendor of Buy Board; and
WHEREAS, the City desires to purchase said goods and services from Smith Pump Company',
Inc. through Buy Board, 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 an
Agreement for the Purchase of Utility Pump Motor Repair Service with Smith Pump Company, Inc., a
copy of said Agreement being attached hereto as Exhibit "A" 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
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hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
0112.20212; 00462593
RESOLVED this 14th day of January, 2021.
ATTEST:
v
SARA L. WHITE, City Clerk
CRAIGORGAVayor
City of Round RqO,Texas
2
EXHIBIT
CITY OF ROUND ROCK
AGREEIiENT FOR THE PURCHASE OF
UTILITY PUMP MOTOR REPAIR SERVICE
wi°rI'l
SMITH PUMP CUMPANY [NC.
TitE STATE OF TEXAS
CITY OF ROUND ROCK §
COUNTY OF ILGIAMSON
COUNTY OF TRAVIS
KNOW A[.[. BY THESE PRESENTS.,
This Agreement is for the purchase of utility pump motor repair service, and for related
goods and services, and is referred to herein as the "Agreement." Thrs Aarreenient is made and
cntered into on this the day of the month of2020, by and between the
CITY nF ROUND ROCK, TEXAS, a hamc-rule municipality whose offices are located at 22!
East Main Street, Round Rock, Texas i8664, referred to herein as the "City," and SMITH PUMP
COMPANY,, whose affices are located at 301 MB Industrial, Waco, Texas 76712, referred to
herein as the "Services Providers" This Agreement supersedes and replaces any previous
agreement between the named parties, whether oral or written, and whether ar not established by
custom and practice.
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RECITAL,S
WHEREAS, City desires to purchase services for the repair of a utifity pump motor, and
City desires to purchase same from Services Provider; and
WHEREAS, City 4$uyCooperative Pcc�gram ("IIuy is a member of the Board Purchasiarg
E3oard") and Services Provider is an approved Buy Board vendor; and
WF{EREAS, City$31 dCSjrR--,:,s 'to purchase certain services and related goods from Services
"Provider through Buy Board Contract No. 5K9-19; and
into
WHEREAS, the Parties desire to enter this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW;.. THEREFORE, WITNES5E1"H:
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That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
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4.01 SCOPE OF WORK
.6 of 19
Services Provider shall satisfactorily provide for the repair of the pump motor dcscribed
in Exhibit i*A.11 Services Provider's undertakings shall be limited to perf'orrning services for the
City and/or advi'sing City concerning those niatters on which Services Provider has bccn
It itinspeci,f1cally cngaged, Services Providcr shall perform its services accordance with the
Agreement, in accordance with the appended exhibits,in accordance with due care, and in
accordance with prevaiiing 'Industry standards for comparable services.
5.ti 1 CONTRACT AMOUNT
In. consideration for the services set forth in 'Exhibit "A," the City agrees to pay Services
Provider an amount not -to -exceed Ninety -Six Thousand One hundred Seventy -Five and
a11ti0 Dollars ($96,175.4).
b.U1 INVOICES
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All invoicc°s shall include, at a minimum, the following information:
A. Name and address of Services Provider*
Bs, Purchase Order Number;
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C. Description and quantity of items received; and
Da Delivery dates.
7.U1 NQN-APPROPRIA'I'iUN AND FISCAL FUNDING
This Agreement is a commitment of City's currentrcvenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
It
rf' tlic governing body of City does not appropriate funds st`fficicnt to purchase the services as
determined by City's budget for the fiscal year in question. City may affect such termination by
giving Services Provider a written notice of termination at the end of its then -current fiscal vear.
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8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V."T.C.A., Texas GOVCiCtlltCt]i Code, any payment to be
made by City to Services Provider will be made within thirty {30) days of the date City receives
goods under this Agrccnient, the date the performance of the services under this Agreemcnt are
J11 00
completed, or the date City receives a correct invoice forthe goods oods or services', whichever rs
later. Services Provider may charge 'interest on an overdue payment at the '`rate in effect" Oil
September I aF the fiscal year in which the Payment becomes overdue, in accordance with
V.T.C.A., Texas Government Code, Section 2251.025(b}. This Prompt Payment Policy does not
apply ko payments made by City in the event:
3
A There is a bona fide dispute between City and Services Provider, a contractor,
10
subcontractor, or supplier about the goods delivered or the service perFortncd
that cause the payment to ksc late, or
B. isfidebetween
11doV%0 -1riiere a bona dispute Services Froviucr and a subcontractor or
betwcen a subcontractoits r and supplier about the goods delivered or the
service performed that causes the payment to be late; or
co The terms oC a federal contract, grant, regulation, ar statute prevent City from
Snaking a timely payment with federal funds; or
Is is
10-4aVVVA&D. 'I'lle invoice not mailed to City in strict accordance wrdi any instruction on
the purchase order relating to the payment.
9.p1 GRATUITIES AND BRIBES
City may,,by written notice to Services Provider, cancel this Agreement without incurring
liability to Services Provider 1"f it is dctcrmined by City that gratuiti*es or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Servi'ces Provider or 1"ts agcnts or
6
representatives to any City officer, empiayec or elected rcpresentative With respect to the
performance of this Agreement. In aciditian, Services Provider may be subject to penalties stated
in Title 8 cif the Texas Penal Code.
iQ.Oi TAXES
4--N0AIMMfttft-
City is exempt from Federal Excise and State sales Tax; therefore,tax sha11 notI
included in Services F'rovidcr's charges.
11.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
&ProviderONCity10If Services cannot provide the goods as specified, reserves the right sand
option to Obtain the products from another supplier or suppliers.
12.Oi INSURANCE
le
Services Provider shall meet all of City's insurance requirements as set forth at the City's
website,0
...*,corr IIISL11`6111CC 07.70112.
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13.01 CITY'S REPRESENTATIVE
.1 '0-169&AACity hcrLby designates the following representatives authorizedtoactin its behalf with
regard to this Agreement:
Solve
4
Mark
F{urd
go Department
Utilities and Environmental Services
System Mechanic Supervisor
3400 Sunrise Road
Round Rack, Texas 7$bb4
(512)34i-3155
l4.Ol RIGHT TO ASSURANCE
��hcnever either party to this Agreement,, in good faith, has reason to question the other
parry's intent to periorm hereunder, then demand may bc made to the other party for writtentoassurance of the intent to perform.,In the event that no written assurance 'is givell Within tlic
reasonable. time spccifzcd when demand i's Made, then and in that event the demanding party may
treat such tailurc as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Services Provider abandons ar defaults Linder this Agreement and is a cause of City
purchasing the specified goods elsewhere, Services Provider agrees that it may be charged the
difference in cost, if any, and that it will not be considered in the re -advertisement of the service
and that it may not be considered in future bids fnr the seine type of work unless the scope cif
work is significantly changed.
Services Provider shall be declared in default of this Agreement sf it does any of the
following:
A. Fails to make any payment in full when due;
fully,
$ I& AaKB Fails to timely and faithfttily perform any of its material obligations under
this Agreement,*
C. Fails to provide adequate assurance of performance under the "Right to
Assurance'° section herein.: or
I
D. Beconzcs insoivent or seeks rc;iieF Linder the bankruptcy laws of the United States.
16.01 TERMINATION AND SUSPENSION
A. City has the right to terminatc this Agreement, in whole or in part. for
Xconvenience and without cause, at any time upon thirty (30) dayswritten notice to Services
Provider.
B. In the event of any default by Services Provider, City leas the right to terminate
this Agreement for cause, upon ten (10) days' written notice to Services Provider.
5
C. Services Provider has the right to terminate this Agreement only for cause, that
being in the event of a material and substantial breach by City, or by mutual agreement to
terminate evidenced in writing by and between the parties.
Do In the event City tLrminates under subsections (A) or (t3) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Services Provider,
Services Provider shad discontinue all services in connection with the performance of this
Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such
orders and contracts arc chargeable to this Agreement, Within thirty (30} days after such notice:
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of termination, Services Provider shall submit a statement showing in detail the goods and/or
services satisfactorl"Iv nerfo edunder this Agreement to the datc of termi*nation, City shall then
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pay Services Provider that portion of the chargcs, if undisputed. The parties agree that Services
iProvideris not entitledto compensation for services t would have performcd undcr flie
4' ;%INremaining term otthe Agreement except as provided herein.
17.01 INDEMNIFICATION
Provider
&-6IVits
shall defend (at the option of City), indemnify, and hold City,
Services
successors, assigns, officers, emplayees and elected officials harmless from and against all suits,
actions,, legal proceedings, claims, ciertiands, damages, costs", expenses, attorncy's fees. and any
and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Services Provider, or Services Provider's agents, employees ar subcontractors, in the
performance of Services Provider's obligations tinder this Agreement., no matter how, or to
whom, such loss may occur. Nothing herein shall be cicemcd to limit the rights of City or
Is
Services Provider (including, but not limited to the right to seek contribution) against any third
0
party who may be liable for an indemnified claim.
18.01 C0N1PLIANCE WITH LAWS, CHARTER, ORDINANCES AND P OGRr1MS
A. Scrvice:s Pravider, its agents, employees and subcontractors shall Use best efforts
to comply with all applicable f'edcral and state laws, the Charter and Urdinanccs of the City of
Round Rock, as amended, and with all applicable rules anti regulations promulgated by local,
state and national boards, bureaus and agencies.
S. [n accordance with chapter 2270,
Texas Gova;mment Cod a governmental entity
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may not enter into a contract with a company for goods ar services unless the contract contains
written verification from the company that it: (1}does not boYcott Israel* and (?) will not boycott
Isract and will not bocott Israel duri'ng the term of this contract.. The signatary executing this
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Agreement on behalf of Services Provider verifies Services Provider does not boycott Israel and
will not boycott Israel during the term of this Agreement.
19.01 ASSIGNMENT AND DELEGATION
The60is& parties each, hereby bind themselves, their successors, assigns and legal
I' representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
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other party,
20.01 NOTICES
4 hcammunicatians#10 .0All noticcs and ot cr in coaancction with this Agreement shall be in
writing and shall be considered given as follows:
lo When delivered personally to the recipient's address as stated herein; or
2. Three (3) days after being deposited in the United States mail with postage
prepaid to the recipient's address as stated in this Agreement.
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Notice fio Services Provider:
Smith Pump Company, Inc.
301 MB Industrial
Waco, TX 76712
Notice to City:
City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO. 3f14 East Main Street
Round Rock, TX 78664 Round Rock, TX 74664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of C►ty and Services Provider.
zi.oi APPLICABLE LAW; ENFORCEMENT AND VENUE
inRou,ad
0MThis Agreement shall be cnfo cu c Rack, Fexas,, andaction is
bi if
necessary by either party with respect to the enforcement of any or all of the terms or conditions
04
liereit1, exclusive venue For same shall lie in Williamson County, Texas. This Agrecinent shall be
govcmed by and construed in accordance with the laws and court decisions of the State of Texas,,
22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents. constitutes the entire Agreement between
Services Provider and City, This Agreement may only be amended or supplemented by mutual
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agreement of the parties hereto in writing,
23.Q1 DISPUTE RESOLUTION
Provider
0%Gov,cc that no claims or uisputes bctween the
City and ices 9
parties arising o€at of car relating to this Agrecrncnt or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitrat►on statute,
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24.01 SEVERABILITY
6 it illegality, *IfIcipx1%1 0The 'invalidity, or unenforceablittv of any provision ot tnis Agrecnient or the
41ItIN
occurrence of any event rendering any portion or provision of this Agreccncnt void shall in no
way affect the validity or cnforccability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and cnforccd as if this Agreement did not contain the. particular portion or
provision held to be void. The parties further agree tD amcnd this Agreement to replace any
stricken provist'on with a vall*d provision that comes as close as possible to the intcnt of the
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stricken provisioai. The provisions of this section siaat! not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
25A1 MISCELLANEOUS PROVISIONS
AM 31 Standard ot Ca. Services Frovider represents that it cmploys trained., experienced and
competent persons to pall of the services, responsibilities and duties specified herein and
that such services, re. sponsibitih es and duties shall bc performcd in a manncr according to
gencrally acccpted industrracti'CCS.,ofL
Time0 the Essence. 9 understands is of Services Provider and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
16
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider shall be fully responsible for its delays or for failures to use best efforts in
accordance with the terms of this Agreement. Where damage is caused to City due to Services
Provider's failure to perform in these circumstances, City may pursue any remedy availa6lc
without waiver of any of City's additional legal rights or remedies,
A shall Force Maj*eure. Neither Csty nr-or Services roviu....APr deemed in violationof this
its
1 19obAgreement 'if i*t i's prevcnted from performing anv of oongations hereunder by reasons for
.64010
which it is not responsible as defined herein. However. notice of such 'impediment or delay sn
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
Counterparts.
Multiple This Agreement may be cxecutcd in multiple counte arts, any
one of which shall be considered an original of this document* and all of which, when taken
together, shall constitute one and the same instrument.,
(Signatures on the following page.]
8.
IN
WITNESS WHEREOF, City and Services Provider have executed this Agreement
on the elates indicated.
City of Round Rock, Texas
B y •.............................. .. ...
.................
Pri*nted NamcJ%
................................................................................ 0 ....................
T. ................
*
Date Signede-
a
:attest:
By0
*
......................................................... . ................ ............. .......... ...................................
SaraL. White, City Clerk
For City, Approved as io Form;:
By:
Stephan L. Shects, City Attorney
Smith Pump Company, Inc.
B,w r a,
-Y....01
i'rintcd°Vamc: A.I ... VMCMN
--------------
Am"
Titlelw
Date Signed,* i'{aYfa,,----------------- ----------
------------ -------------------------
Exhibit "A"
Contact, Mark Hurd
Phone 512 218 5433
Fax . ,512 218 7097
Ship to -. City of ROUnd Rock - Raw Water Intake Station
2050 Cedar Breaks Rd.
Georgetown, TX 78628
Contact Mark Hurd
Phone 512 341 3155
Fax 512 2187097
Remit to ... Y N d. v d. d3500 Comsouth Dr. Bldg. 4, Ste 500
Austin, TX 78744
Phone .............. (5121310-1480
Fax 4diPPA.PYddPYddv(512) 310-1417
Number ............ SQ028592-1
Page 1 of 4
Sales order
Date 10112/2020
Your ref . . ........ Raw �Ajater Intake
F Our ref: 341
Requisition ..... —.:
Payme, Net 30 Days
Quotation deadline
Sales TXCEN
Delivery Term ......
Name Darrel R Mize
UNIT DESCRIPTION QUANTITY UNIT PRICE 'TOTAL
1.0000 Motor Repair 1,00 56,988.00 56,988.00
1. Inspect, reassemble, test & paint:
a. Initial inspection, disassembly, cleaning, testing, and measurement of all
component parts, Mount stator on mandrel and check TIR and concentricity.
b. Repair of all components as required. Including, but not firnited to. -
straightening and balancing of rotor. Reconditioning of bearings and painting
of Internal components with suitable water-resistant coating
c. Reassembly of rnotor using all new gaskets. new Bergman seal. filters, nuts.
lock washers, Fluids, lead assembly and diaphragm,
d. All tolerances shall be per specification.
e. Test run motor per specification.
f. Warranty for one year against defects in Workmanship and materials.
2. Replacement of guide bearings
a. Replacement of guide bearings
b. Warranty for one year against defects in wm*manship and materials
3. Additional required material and labor -
a, Cable splice
b P7341 EPR/NEO 5KV cable (1 30ft)
2.0000 *Optional* Stator Rewind
Rewind of stator: (optional)
a. Removal of old insulation and winding.
b. Cleaning of stator
c. Lamination repair within limits of spec.
d. Check and repair stator ends per spec.
e. Reinsulate and rewind using class y or Better materials
f. Final electrical testing of stator before Motor assembly.
g. Warranty for one year against defects in Workmanship and materials
1,00 39,187,00
:dales I 3ales balance Total discount disc charges Sales tax Round off Total
96, 175 00 000 0.00 0, 00 000 96,175.00 USD
39,187.00
Exhibit "A"
Refit to . x .. s . ... . . 3500 ComsouthDr, Bldg. 4, Ste 500
Austin, TX 78744
Phone .... K a .. , . ( 310-1480
Fax ,.a.........6..q(512) 310-1417
QUOTATION
Contact : Moak Hurd
Phone : `512 218 5433
Fax ...: 1512 218 7097
Ship to., City of Round Rock M Raw Water Intake Station
00 Cedar Breaks Rd.
Georgetown, TX 78628
Contact : Mark Hurd
Phone 512 341 315
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 pdor Inter or anal
agreement, understanding, representation or promise and any pre-printed or starjdard' terms and conditions contained in Customer's request for quote. purchase order, invoic—e.
order acl nowiedge ment or similar document. These Terms may not be amended, suppiemented, changed or modified e;cept by concurrent or subsequent ,vritten ,agreement
srgr`ed by an. authof€zed ,representative of both Smith Pump Company ('SPCO') and C€ slorner. Spr s ackno,,,vledgarnant of Customer's purchase order sell not constitute
acceptance of any terms or coed#tsins cry#-ta€ned therein which are €n any way with the Terms Any addit€oral or different terms or cond€t€ons included in arky
acceptance of this quotaticn are expressly disclairned and rejected in advance*, and unless there is prior mutual agreernent otherwise, stall not become a part of any contract
resulting from this quotation
2. Price — ir, r;less othefwise stated in this quotatioaj, ail prices are FOB skipping point. All transportation, insurafice and similar charges rncrdent to delwery shall be borne by
the customer Shipping dates are approximate and are based on prompt receipt of ,all necessary information In the case of delay in fur mshing complete rriformation to SPCO
dates of shipment maybe extended for a reasonable time In the evert 3PCO provides transport seriices, these will be quoted as a Wmp sum prise based on destination and
shipping made
In the event Customer reque-sts a dts3ay Lit suspension in the completion and/or shipment of equipment or services covered by this quotation. or any part thereof, for any
esso€a, the parties shall agree upon any cost and/or scheduling srnpact of such delay and ail :such costs to s ustomer`s account. Any delay period beyond thirty (30) days after
of=q nal scheduled shipment date shall require "-"l€astomer to (i) take title and risk of less of any equipment covered by this quotation, and €i�) make arrangements for the storage
of such equipment with SPCO or other nany. SPCO's invoice, which is contractually based on shipment, shall W issued upon SPCO a readiness to ship the equipment
covered by this quotation.
SPCO shall not be liable for relay and delivery due to cw.sses beyond its reasonable control �ndfud#ng, but not Irrn#ted to, acts of God; acts, of government, acts of Customer
fires:, labor disputes, boycotts, floods, epidemics, quarantine restrictions, war, insurrection. terroris€n, riot, c€vi'l or military authority, l`reight ernbargas transportation shortages
or delays, unusually severe weather or inability to clitair, necessary labor, materials or manufact€arinq 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 — Sr C0 warrants new equipment or parts to be free from defects ire meter€als and wa *rnanship for a period of eighleen (t 8) manihs from the date of shopment or
twelve ('12) months fromthe date of starta,rp or initial use. whichever comes first SI��� �l��.t � NOT � RESPONSIBLE FOR ANY�C�i���lb CONSEQUENTIAL, ll~yl�lr�I�hiT�L,
SPECIAL, OR LIQUIDATED DAMAGES NO EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL
APPLY Repairs performed by PCO are warranted aga€rest defects in workmanship and -or materials for a pef€od of twelve (12) months from the date of shipment. '3'PC 0 ,N4
not be responsible for any removai or or transportation charges in cases whefe equipment has failed under these warranty conditions SPC{O's sole
Obligation and € ustomer's sole remedy under this warrart'y 3s repair of replacement at SK"O s election. Customer agrees to provide SPCO reasonable and clear access to
any equipment covered by tr;#s warranty which may include removal or materials or structures as well as supplying anyequipment, matef€als or structures which are necessary
to provide reasonable access to the equipment being .*epaired or replaced. €"oats to remove and,,or reinstall equipment for warranty purposes �5hall be the responsibility of
Customer
Replacement parts or repairs furnished under this warranty shall be :subject to warranty provisions herein for the remainingwarranty period All equipment repaired or
€epsaced will be re -warranted only for the remainder of the onginal warranty period SPA O does not warrant the equipment covered by this quotation or any repairtreptacement
part against the effects of erosion, corrosion, nr normal wear ;grad tear due to opefatron or the errarironfrent The vvarrarity and remedies set forth herein are conditioned upon
proper storage:, installation, use and maintenance of the equipment covered by this quotation £ra a,ll material respects, and in accordance w0h aPC `s wtitlen
recommendations 'Customer must notify SPCO in writing of any warranty claim during the warranty period or within f1hirty (230) days thereafter
S-PCO will not be liable under this tisarraraty €f'Fverrara¢ed;goods have bean exposed or subjected tro any (1) m3aintenance, repair, #nstallat€parr, handling. pact ag€rig.
franspaortation. storage, operation. or use which is improper or otmervose not in compliance with SPC 's instructions, (2) alteration, modification or repair by anyone other than
SPCO or those specifically authorized by SPCO: (3) arc€Itch/; �Nonta€t�i€�€atisrn, foreign object damage. abuse, neglect, or negligence after shipment to Customer (4) damage
caused by failure of are SPCO supplied product not under warranty or by any hardware or software not supplied by SPCO, (5) use of c ourileffeit or replace f lent pWts that are
g at r€a�3nufactured by the #manufacturer nf goods provides,/ by SPCO or approved by SPCO for use in goods prodded by PCO, or (6) goods which are normally consumed in
operation or which have normal life inherently shorter than the warranty period including. but rent l rn;ted to. consume- bles (e g larr€ps batte€lies, storage aapacitors)
xh i i "A"
SMI
`� ..
F
AN Y',� I N C.
Bill toCity of Round
Rock
Ino}oe t oudf cq texos. ov
21 East Mall
Round Rock., TX 78664
Contact Mark Hurd
Phone 512 218 5433
Fax 5122187097
Ship to: City of Round Rock w Raw Water Intake Station
00 Cedar Breaks Rd.
Georgetown. TX 78
Contact Mark l~1tird
Phone 512 3413155
Fax ...: 512 218 7097
Remit t R. ,.e,,.aa 3500 Comsouthr. Bldg. 4, Ste 500
Austin, TX 78744
'hone ........... R; 61 )310-1480
QUOTATION
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 stated
on the invoice Invoices unpaid for thirty (.3g) days alter issuance shall bear-nterest at the highest €� ofiil rate due and payable an any invoiced account, which is delinquent
and not paid within the stated terms. Should Customer for any reason fa.,l io pay in acdordan:�e ,,mth these terms, Custarner agrees to pay all collection costs, aft+ mey`s fees
and expenses incurred in collecting payment.
If Customer's financial condition is or becomes unsatisfactory to SPCO. SPCC 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) cancal sly;:pmeint at any time prior to delivery without further obligation or liability on SPCC s part. (d)
terminate any contract or obligation on the part of SNC ; or (e) require other special payment terms acceptable to SPCA to assure payment All extensions of credit are
subject to the approval of PCO's credit department and management.
5. joint Check Agreement— If Customer fair to pay laborers and materialmen within thirty 1,30) days after payrnent by SPCO, SPCO will have the right to make future
Payments by check payable jointly to Customer and laborers or mater'a men to the extent of unpaid ir,d*,-Vedness arising out of tl•ie €rub SPCO w€ll credit joint checks against
the `r ont, act sum an the next payment application
6, Taxes -- The amount of all federal, state or local taxes applicable to the :gale,. use, delivery or transportation of the equipment or services scald hereunder and all butlea.
N-riports, Wiffs, and other similar levies stall be added to the contract price and paid by the Custo€ner except where the Customer shall furnish an appropriate certificate of
exemption.
7, Property Carriage — SPCO shall not ba r€asponsible for damage to topsoil or groundcover in connection with the work or sanz ice performed under this contract. SPC.0 shall
not be responsible for claims arising from the pumping of water onto the ground wNch is necessary in connection will) the service or word provided by SPCO The customer
agrees to bald SPCO `iarrnless from € Flatms ansing out of damage caused by the purripmg of water onto the ground.
_ a;artup — If the equipment supplied pursuant to this quotation has a warranty requirp—ment. qualified SPCO personnel must be present, during the initial equipment vad d€p
and commissioning Failure to request and assure the presence of qualified SPCO personnel will void any wawa€sty herein Requests for startup must occur at ieasi sevens (7)
days prior to the scheduled date of the startup
9. Limitation of liability — The remedies set forth herein are exclusNe and the lot,il lability of SPCO cats respect to this quotation, and any contract for goods or services
arising from this quotation.. or for any breach thereof wne8tf€er based on contract. warrant,/, torts (including negligence), inden-nity, strict liability or otherwise, shall € of exceed
the quotation or ,ales price of the specific equipment or sarvice wNch gives rise to .he claim
fg. Setoff —:ill arno;ants that Customer owes SPCO ;u der th!s quotation shall be due and payable, in accordanecwith the terms of the quotation. Customer shall not setoff
such arriou€ is or any portion thereof whether or not liquidated.. against sums which Customerasserts are due to it, its parent, -affiliates, ubsidianes or other division under
other transactions with SPCO
11, Customer Cancellation — Customer may cancel this order only upon written nwt cis and payment to SPCA Y3f masc£neble and proper nicelfatian charges. In the event of
cancellation, Customer €gust pay for all material, expense and labor costs iricurred by SPCOiin connection with the materials acid services to be provided pursuarit to this
quotallon, as, °9vell as all expenses rela€€rig to arsy specially fabricated materials and trestocking Charges
121. Assignment Neither party may assign this order or any portion thereof without the advance virritten consent of the other party. which consent stall not be i, nreasonaDl°y
Q�itht�eld.
3, WaiverlSeverabflity — Failure by SPCO to :assert all or any of its rights upon any breach by Customer shall not be deemed a waiver of such €'ighis either with respect to
such broach or any subsequent breach nor shall any waiver be implied from the acceptance of any payment NG waiver of any right shall extend to or affect any other right
Customer may possess nor shall spa dh Waiver extend to any subsequent air,€i€lar or dissimilar breach,
It any podion of these Terms are determined to be illegal, invalid or unenforceable for any reason, sus; € provision shall be deemed stricken for the purposes oaf the dispute
n question and all other provisions shall remain in full force and effect.
Exhibit "A"
Ly UM
Ir
-, COMPA,NY, INC.
Bill to Cityof Round Rock
apirivoices@roundrocktexas.gov
1 East Main
Round dock, TX '18664
Contact: wk Hurd
Phone : 512 218 5433
Fax — 512 213 7097
Ship to ; City of Round Rock M raw Water Intake Station
2050 Cedar Breaks Rd.
Georgetown, TX 78628
Contact: Mark Hurd
Phone : 512 341 3155
Fax — , 512 218 7097
Remit to 0 R R s d d R 3 a a i3500 Comsouth Dr. Bldg. 41 Ste 500
stirs, TX 78744
Phone eRsdaefaaefaa (1 ) 310-1480
QUOTATION
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 c€ ufkt action in any way relating to or arising out of this contract shall be Mlc"Lennan County.
Texas
AMEPTED BY
COMPANY NAME
PRO'JEC,T ":EiFERENCEZ.
SIGNED ON DATE
;SIGNED
P Ri N TAD N AN F-