CM-2024-237 - 9/13/2024AGREEMENT BETWEEN THE CITY OF ROUND ROCK
AND HOWDEN USA COMPANY
FOR THE PURCHASE OF
PREVENTATIVE MAINTENANCE SERVICES AND PARTS
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
This Agreement for the pur h se of Pre entat've Maintenance Services and Parts is
made and entered into on this the day of__- 12024, by and between the CITY OF
ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main
Street, Round Rock, Texas 78664, referred to herein as the "City," and HOWDEN USA
COMPANY, whose offices are located at 2475 George Urban Blvd., Depew, NY 14043, referred
to herein as "Vendor."
RECITALS:
WHEREAS, City desires to purchase Preventative Maintenance Services and Parts
("Goods and/or Services"); and
WHEREAS, the City has determined that the Vendor is the sole source provider for
these Goods and/or Services; and
WHEREAS, expenditures that are for the procurement of goods and/or services that are
available from a sole source are exempt from competitive requirements pursuant to Section
252,022 of the Texas Local Government Code; and
WHEREAS, the Vendor has provided its Proposal to the City to provide the requested
Goods and/or Services; and
WHEREAS, City has determined the Vendor's Proposal is in the best interest of the
City; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, 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:
4857-826$-1$16ls 2 J�37
1.0 DEFINITIONS
A. Agreement means this binding legal contract between City and Vendor whereby
City is authorized to buy specified services and Vendor is obligated to sell same. The Agreement
includes the following: (a) Vendor's Proposal; and (b) any exhibits and/or addenda thereto. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference in
the following order:
(1) This Agreement;
(2) Vendor's Proposal;
(3) Any addenda, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date set out in the introductory paragraph above.
D. Goods and Services mean the specified services, supplies, materials,
commodities, or equipment, as described in the Proposal.
E. Vendor means Howden USA Company, or any successors or assigns.
2.0 EFFECTIVE DATE AND TERM
A. This Agreement shall remain in full force and effect until it expires as indicated
herein or is terminated in accordance with Section 16.0.
B. The term of this Agreement shall be for thirty-six (36) months from the Effective
Date.
3.0 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the Goods and Services as outlined in the Proposal; any
Addenda as contained in Exhibit "A," incorporated herein by reference for all purposes. The
intent of these documents is to formulate an Agreement listing the responsibilities of both parties
as outlined in the Proposal and any Addenda.
The Goods and Services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and Exhibit A is
a part of this Agreement as if repeated herein in full.
4.0 SCOPE OF WORK
Vendor shall satisfactorily provide all Goods and Services described in Exhibit "A,"
attached hereto, within the contract term specified in Section 2.0. Vendor's undertakings shall be
2
limited to Goods and Services for City and/or advising City concerning those matters on which
Vendor has been specifically engaged. Vendor shall provide its Goods and Services in
accordance with this Agreement and Exhibit A and with due care, and in accordance with
prevailing industry standards for comparable Goods and Services.
5.0 COSTS
A. In consideration for the Goods and Services to be provided by Vendor, City
agrees to pay Vendor the amounts set forth in Exhibit "A."
B. The City is authorized to pay the Vendor an amount not -to -exceed $90,000.00 for
the term of this Agreement.
6.0 INVOICES
All invoices shall include, at a minimum, the following information:
Name and address of Vendor;
2. Purchase Order Number;
Description and quantity of items received; and
4. Delivery dates.
7.0 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. it is understood and
agreed that City shall have the right to terminate this Agreement if the governing body of City
does not appropriate funds sufficient to purchase the Goods and Services as determined by City's
budget for the fiscal year in question. City may affect such termination by giving the Vendor
written notice of termination.
8.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives Goods and
Services under this Agreement, the date the performance of the services under this Agreement
are completed, or the date City receives a correct invoice for the Goods and Services, whichever
is later. Vendor may charge interest on an overdue payment at the rate in effect on September 1
of 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 to
payments made by City in the event:
There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
2. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
9.0 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
10.0 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.0 INSURANCE
Vendor shall meet all City insurance requirements set forth in the IFB and on the City's
website at:
htt ://www.roundrocktexas. ov/w-content/u loads/2014/12/corr insurance 07.20112. df.
12.0 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
John Heaps
Utilities and Environmental Services Department
221 E. Main Street
Round Rock, TX 78664_
(512) 218-6637
'heaps Qroundrocktexas.gov
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Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
14.0 DEFAULT
If Vendor abandons or defaults under this Agreement, Vendor shall be declared in default
of this Agreement if it does any of the following and fails to cure the issue within thirty (30) days
of receipt of written notice:
Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
2. Becomes insolvent or seeks relief under the bankruptcy laws of the United States
and is unable to perform its material obligations under the Agreement.
15.0 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon written notice to Vendor, the "Date of
Termination."
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor 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.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
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 are
chargeable to this Agreement. Within thirty (30) days after the Date of Termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement up to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
16.0 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
17.0 COMPLIANCE WITH LAWS, CHARTER, AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott
Israel during the term of this Agreement.
C. In accordance with Chapter 2274, Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten (10) full-time employees for a
value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract
has a provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association, and
it will not discriminate during the term of this Agreement against a firearm entity or firearm trade
association.
D. In accordance with Chapter 2274, Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten (10) full-time employees for a
value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract
has a provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement. The signatory executing this Agreement on
behalf of Vendor verifies Vendor does not boycott energy companies, and it will not boycott
energy companies during the term of this Agreement.
6
18.0 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal 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 other party.
19.0 NOTICES
A. All notices and other communications in connection with this Agreement shall be
in writing and shall be considered given as follows:
When delivered personally to recipient's physical or email address as stated in
this Agreement; 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.
Notice to Vendor:
Vendor: Howden USA Company
Address: 2475 George Urban Blvd.
Depew,NY 14043
Email: matt.mosier@howden.com
Notice to City:
City Manager Stephanie L. Sandre, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
20.0 APPLICABLE LAW, ENFORCEMENT, AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
21.0 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing.
22.0 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement, 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 arbitration statute.
23.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability 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 enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
24.0 MISCELLANEOUS PROVISIONS
A. Standard of Care. Vendor represents that it employs trained, experienced, and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities, and duties shall be performed in a manner according to
generally accepted industry practices.
B. Time is of the Essence. The parties agree that, from time to time, certain unique
transactions may have special requirements relative to timing and, accordingly, the parties will
identify those transactions and exercise best efforts to accomplish those transactions within the
stated timeframe. Other timing requirements will be met in a commercially reasonable manner.
Where damage is caused to City due to Vendor's failure to perform in the special timing
requirement circumstances, City may pursue any remedy available without waiver of any of
City's additional legal rights or remedies.
C. Binding Agreement, This Agreement shall extend to and be binding upon and
inure to the benefit of the parties' respective heirs, executors, administrators, successors and
assigns.
D. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, 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.]
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
Howden USA Company
W'm Ttl& ,
By: ---
Printed Name: Jim Trace
Title: Environmental Sales Manager
Date Signed: August 28, 2024
City of Round Rock, Texas
!1
Printed Na e: {
Title:
Date Signed: 6J/-�� 202(,
FAlCiAttest:Bks, City Clerk
For City, Approved as to Form:
By4epp
�nieL.andre, it Atto ey
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EXHIBIT "A"
VENDOR'S PROPOSAL
BEGINNING ON THE NEXT PAGE
10
r+
Howden
A Chmt Industries Umrry y
Web: www.chartindustries.com
From: Calvin Kelly
Direct Tel: +14173805699
Email: Calvin. Kelly@howden.com
Your Sales Contact: Matthew Mosier - matt.mosier@howden.com
To. Brandon Rainer Date: 05/02/2024
Company: Brushy Creek Water Pollution Control Facility Page No: Page 1 of 5
Ref: Brushy Creek Water Pollution Control Facility
Quote No: HUSADLL.AFM.0013621A
Regarding: SITE# 261, JOB# 2633T, BRUSH CREEK, KA22SV-GL225, SN 6832 & 10076
Thank you for your enquiry submitted to Howden Aftermarket.
We are happy to present below quotation for Howden Service & Supervision:
!!! Please carefully review PAYMENT & DELIVERY TERMS that apply to this proposal
As we look forward to receiving and shipping your order, agreement on terms is important to secure quick and timely
processing of your order.
Line Product Description Total Item
USD
1 HOWDEN TO PROVIDE 3 YEAR LTSA 64,675.19
ON (2) KA22SV-GL225 BLOWERS SN
6832 & 10076
2 BLOWER SERVICE PARTS 2452.00
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Page 1 of 5
1. Introduction
This proposal is for a three year service agreement for the Howden (Turblex) compressors
installed at Brushy Creek. We look forward to our continued relationship and are pleased to
offer this proposal for your consideration.
2. Technical specification
2.1. Scope of supply/equipment description
C Three year service agreement for the two (2) compressors (Model KA22-SV-GL225, SIN:
6832-33) installed at Brushy Creek.
Q The factory service program will consist of three visits (performed annually) to the jobsite by
a
factory representative who will provide annual inspections and Class II services.
❑ A total of one (1) Class I service will be performed on each of the two (2) compressors in
conjunction with one or more of the three plant visits.
to Typical replacement parts for the Class I services are included. Any other replacement
parts
and labor are not included in this program. Description of Annual Inspections and Class II
services are attached.
2.2. Notes
C Proposal assumes the site will provide at least one qualified helper to assist the Howden
technician. This pricing also assumes that proper certified lifting will be available and the inlet
filter/transition piece, and sound enclosures will be removed (if applicable) for access to
perform above listed services. Does not include craft labor and special tools to support the
work.
This proposal includes typical replacement parts for above listed services. Any significant
wear or abnormalities identified requiring extra labor and 1 or parts shall be billed per
Howden's standard Service Rate Schedule or Price lists. Howden will provide an estimate of
additional time and/or materials required. Typical replacement parts are non -returnable.
-_ Howden LTSA members will receive24 hour technician mobilization if emergency services
are required; in case emergency service is required it will be billed at the current published
rates in attached rate schedule.
-i Howden LTSA members will have access to remote troubleshooting services available upon
request; these services if required will be billed at the current published rates in attached rate
schedule.
2.3. Parts list
2 SEALING RING 9332260869 H503
2 O-RING 9332253500 D119
2 SEALING RING N17A35507UZ D241
2 O-RING
89027262UZ
H110
4 O-RING
89027296UZ
H111
2 O-RING
89412415UZ
T231
2 O-RING
N17V3185UZ
T246
76 SCREW
N61TO6045UZ
D118
Cleaning Kits
1 Cleaning Kit A
300031
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Page 2 of 5
2..4. Terms
This service agreement can be procured by a onetime lump sum payment at the above price
and
will lock in cost for the contracts entirety. If yearly payments are requested, annual purchase
orders will be accepted with prior approval. Howden reserves the right to adjust cost due to
market fluctuations with a paid yearly contract.
This proposal is based on our Howden Roots, LLC Standard Terms of Sale of Goods. All
provisions of this offer are subject to negotiation and final approval by Howden.
Total 67,127.19
Any estimates of delivery dates are based on our current backlog of orders and may therefore
differ from the achievable delivery dates at the time of the actual order being placed.
Howden will seek to consolidate shipments as much as possible.
We ask that you clearly state on your Purchase order, if and when partial delivery is desired.
Revolving Around You'
Page 3 of 5
Price and estimated delivery schedule is based upon material price and availability and factory loading at the time of the
proposal, and may be subject to adjustment at the time of order placement and acknowledgement.
For any Service & Supervision offered, an estimation was calculated using current rate sheet as a guide. Cost is
approximate and a final invoiced amount will present actual cost based on actual hours as required/requested by site
personnel.
Typically, our service advisors will travel with diagnostic equipment only and will advise a mechanidmillwright with tools.
Howden standard inspection, packaging and documentation apply to content of this proposal, unless specified above.
Additional requirements will be quoted upon request.
For Service & Supervision — additional Labor charge may apply to base rate, overtime rate and double time rate
depending on actual hours on workday(s), weekend(s) and Howden locally observed holiday($).
Howden will supply equipment from Howden workshops/manufacturing sites and via Howden Supply chain approved
suppliers sourced worldwide, optimized to give our customers the best value option.
Non Inventory parts are non returnable; returned inventory parts are subject to restocking fee, and will not be accepted
without agreement with Howden.
In the event an account has an overdue balance with Howden, Howden reserves the right to hold shipment until paymer
are received, and the account is current.
Terms and Conditions: This offer is made expressly subject to and conditioned upon acceptance of Seller's Standard
Terms for Sale of Goods (available at: https://www.chartindustries.comlTerms-Conditions ).
Unless otherwise negotiated and agreed to by Seller in writing, no other terms shall apply
regardless of any statement on Buyer's documents to the contrary.
Purchase Order Submission:
A purchase order or a letter of acceptance is required as written notification of acceptance of
this Proposal. Please ensure that your purchase order clearly states the Proposal number and
is issued to:
Howden USA Company
Emaiied to: Orderdesk.USA@Howden.com
Howden minimum order value is $500.
For any failure to pick up or direct shipment of goods within 10 Business days after written
notice of availability, Howden will invoice a storage fee of $500 per week for the duration of the
storage.
For Prepay and Charge Orders, there will be a 10% charge of the net selling price applied to the
order to cover the standard transportation and handling expenses to the first North American
or Canadian destination,
This will be added as s separate item or an invoice will be issued separately to the Buyer. This
does not apply to overseas or expedited shipments. In addition, any expenses incurred by Selle
because of special delivery arrangements requested by Buyer shall be billed to Buyer. Howden
does
not provide copies of freight invoices.
For Credit Card Payments a 2% surcharge will be added onto orders over $3,000 when a credit
card is the method of payment. The order value, including the surcharge, will be payable at the
time of order placement and shall not be accepted at any point hereafter. Please note that your
purchase order is still required as part of the new policy.
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Delivery Terms:
INCOTEwRMS 2020
EX Works- Origin
Seller is responsible for having the goods packed and made available at the Sellers's premises.
The Buyer bears the full risk and cost from there to the destination, including the loading of the
cargo.
Payment Terms:
Payment Terms are Net 30 days from invoice date: Invoice will be issued for the full amount
upon receipt of Order.
Warranty:
Twelve (12) months from installation or eighteen (18) months after date of shipment, which
ever occurs first.
Price Validity:
This proposal expires in 90 days
General:
This Proposal and acceptance of any Purchase Order is subject to credit approval from Coface
Pricing does not include Federal, State or Export taxes or duties.
In order to schedule a Service or Supervision to your site, your acknowledgement requesting the
dispatch of a Service or Supervision technician and a copy of an approved purchase order is
required.
Please note that in case the Steel Price Index changes more than +/- 3% from the time of the
proposal to the time of receiving the Purchase Order from Buyer, Howden reserves the right to
adjust the price accordingly.
Upon submittal of orders to Howden, Buyer acknowledges its name will be added to a confidential list of customers that
purchased Howden product(s), and agrees that from time to time, Seller, in its discretion, may provide its name as a
reference for these products to new customers or to contractors to demonstrate where these products have been sold.
Howden is ISO 9001:2015 Certified.
Regards,
Calvin Kelly
Howden Aftermarket
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Page 5 of 5
�r
Howden USA Company Field Service Rates
-lowden
Turblex — US dollars (USD) AClWa1"dunilrs-
*All intellectual property rights are reserved to HUSA and/orthe respective owner(s) (ifdifferent)-
Services Provided: ❑ Inspecticns ❑ Maintenance ❑ Field Repairs ❑ Balancing :.i Site Supervision( Project Management ❑ Start Up ❑ Installation
Supervision
A. Rates for service in Continental North America U.S. Dollars (USDI:
Days
Fieid Service Technician,
Engineering Personnel
Monday thru Saturday (except holidays)
First 40 Hours
$1981hour
First 40 Hours
$2921hour
Over 40 Hours
$2971hour
Over 40 Hours
$4381hour
Sunday, and locally recognized holidays I
All Hours
$3961hour
All Hours
$5841hour
B. Rates for service outside Continental North America U.S. Dollars (USD):
i # , Dealt l:�,� Da s
e
ery ce ec n c anEngineeringPersonnel
Monday thru Saturday (except holidays) First 40 Hours
$2381hour
First 40 Hours
$3021hour _
Over 40 Hours
$3571hour
Over 40 Hours
$453/hour
Sunday, and locally recognized holidays. All Hours
$4761hour All Hours
$6041hour
C. Service and Travel Standards (USD)
1. The minimum time off for a person during any 24-hour period must be ten (10) consecutive hours.
2. Travel time, whether during first 40 hours or over 40 hours, will be invoiced at the Monday through Saturday Field
Service Technician rates in Tables "A" & "B". Travel in Continental North America is invoiced actual travel time.
Travel outside Continental North America is invoiced actual travel time. Actual travel time on holidays or tothejobsite on
Sundays will be at the Field Service Technician Sunday and Holiday rate in Tables "A" & V
3. Standby time at job site, locally on call, training, or meetings will be invoiced as time worked and be based on Tables "A" &
"B". Weekend waiting rate will be 8 hours per day invoiced at the Field Service Technician first 40-hour rate in Tables "A" &
"B"
4. Rates apply from time and date of departure home base to time and date of return home base.
5. Minimum daily charge is eight (8) hours at "First 40 Hours" rate listed above is sections A and B.
6. When a project is expected to exceed 5 continuous weeks, then after 3 weeks the Buyer will allow an extended weekend
leaveor rotation of personnel. Travel fees shall be by Buyer.
7. Air travel on flight segments exceeding 12 hours will be business class and shall be paid by Buyer. Air travel on flight
segmentsexceeding 4 hours will be premium economy and shall be paid by Buyer.
8. Payments shall be in U.S. funds unless otherwise agreed in writing
9. Rates quoted are subject to adjustment without notice to conform to Sellers published rates in effect at the time service is
performed.
10. Howden may offer a priority service when the relevant Howden personnel are available, for emergency or breakdown callouts.
An additional 30% of the applicable labor rate will be charged where Howden personnel are requested and able to be mobilized
within 24 hours of the request being received.
D. Expenses (USD)
1. Meals will be $90/day per diem to be charged from the day of travel start to the day of travel end.
2. Lodging, incidental expenses, transportation to and from the city nearest the jobsite, plus local transportation will be
invoiced at cost plus 20% administrative fee. Receipt(s) to be provided when any expense exceeds $60.00.
3. Transportation to and from the city nearest the jobsite, plus local transportation will be charged at cost plus 20%
administrative fee. The mileage allowance for personal car use will be current U.S. government rate per mile.
4. Tool usage, when required, will be charged at a rate of $350 per trip.
5. Expenses for Airline travel shall be charged at cost Plus a 20% administrative fee (Administrative fee shall not exceed $500).
E. Terms and Conditions
The sale of services by Howden Roots LLC ("Seller") is subject to Seller's Terms for Sale of Goods and J such terms differ in any way
from Buyer's order, or if such terms are construed as an acceptance or confirmation acting as an acceptance, then Sellers acceptance
is expressly made conditional on Buyer's assent to any terms or conditions contained in Seller's terms that are different from or additional
to those contained in Buyer's writing. Further, this quote shall be deemed notice of objection to such terms and conditions of Buyer. If
this quote is construed as the offer, acceptance of same is expressly limited to the terms and conditions contained herein. In any event,
Buyer's order of the services shall constitute and manifest Buyer's assent to Seller's Terms for Sale of Goods.
Howden, A Chart Industries Company 2476 George Urban Blvd., Depew, NY 14043 Tel: +1 716 817 6900 — Fax: +1 866 736 0606
FS-HRO-S, 01-Jan-2024
Howden USA Company Field Service Rates Howden
Turblex — US dollars (USD)
'All intellectual property rights are reserved to HUSA and/or the respective owner(s) (if different).
Services Provided: o Inspections o Maintenance U Field Repairs :j Balancing -i site Supervision n Project Management a Start Up o Installation
Supervision
In order to schedule a Field Service representative to your site, your acknowledgement requesting the dispatch of a representative and a copy of an
approved purchase orderforedit card order is required. Please sign and date below to indicate that you are requesting and authorizing the dispatch of a Field
Service representative to provide technical assistance and that you accept the above Field Service Rates and the Agreement. Please return an original of this
signed acknowledgement and a copy of the purchase order/credit card order to HUSA (first by fax, followed by mail, to the number and address listed below)
Accepted by: x on behalf of (Customer)
(Authorized signature) (Print Full Legal Name of Customer - CompanytEntity)
Print NamefTitle:
(Print Full Name and Title/Capacity)
Date:
P.O. No.
(For Reoordllnvoicing Ref. Only)
Bill To Information:
(street Address) (city) (statelProvince) (zip Code)
Purchasing Contact:
(Phone No.) (Email Address)
Howden, A Chart Industries Company 2475 George Urban Blvd., Depew, NY 14043 Tel: +1 716 817 6900 — Fax: +1 866 736 0506
FS-IRO-S, 01-Jan-2024
owsm
Howden
A Chart Industries CagiNny
Aftermarket Proposal
Web: www.chartindustrfes.com
From: April Montgomery
Direct Tel: +14173805676
Email: April. Montgomery@howden.com
Your Sales Contact: Matthew Mosier - matt.mosier@howden.com
To: Brandon Rainer Date: 04/30/2024
Company: Brushy Creek Water Pollution Control Facility Page No: Page 1 of 6
Ref: Brushy Creek Water Pollution Control Facility
Quote No: HUSADLL.AFM.001363IA
Regarding: S261 Brushy Creek - 3 year LTSA - Class I parts (SN 62006832-33)
Thank you for your enquiry submitted to Howden Aftermarket.
We are happy to present below quoted parts, prices and estimated delivery schedules:
!!! Please carefully review PAYMENT & DELIVERY TERMS that apply to this proposal.
As we look forward to receiving and shipping your order, agreement on terms is important to secure quick and timely
processing of your order.
Line Part No. Product Description Delivery Qty Unit Price
time USD
Total Item
USD
1 300031 Cleaning Kit
2 Week(s)
1.00
1,170.00
1,170.00
3 N61T06045UZ Hexagon socket head cap screw
2 Week(s)
38.00
3.00
114.00
Drw.ltem D118
4 9332253500 O-ring Dimension: 0744X10
2 Week(s)
2.00
420.00
840.00
Drw.ltem D119
10 N17A35507UZ Oil Seal Gasket Dimension: 0501035 X7
2 Week(s)
2.00
45.00
90.00
Drw.ltem D241
17 9332260869 Seal ring Dimension: 0387, 12X15
2 Week(s)
2.00
55.00
1 %00
Drw.ltem H503
18 89027262UZ O-ring Dimension: 29,2 X 3
2 Week(s)
2.00
9.00
18.00
D rw.ltem H 110
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19 89027296UZ O-ring Dimension: 34,2 X 3
Drw.ltem H111
20 89412415UZ O-ring Dimension: 59,5 X 3
Drw.ltem T231
21 N17V3185UZ O-ring Dimension: 184,5 X 3
Drw. Item T246
2 Week(s)
4.00
4.D0
10.O0
2 Week(s)
2.00
2.00
4.00
2 Week(s) 2.OQ 4+5-00 90.00
70W 2,452.00
Any estimates of delivery dates are based on our current backlog of orders and may therefore
differ from the achievable delivery dates at the time of the actual order being placed.
Howden will seek to consolidate shipments as much as possible
We ask that you c'early state on your Purchase order, if and when partial delivery is desired.
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Price and estimated delivery schedule is based upon material price and availability and factory loading at the time of the
proposal, and may be subject to adjustment at the time of order placement and acknowledgement.
For any Service & Supervision offered, an estimation was calculated using current rate sheet as a guide. Cost is
approximate and a final invoiced amount will present actual cost based on actual hours as required/requested by site
personnel.
Typically, our service advisors will travel with diagnostic equipment only and will advise a mechanic/millwright with tools.
Howden standard inspection, packaging and documentation apply to content of this proposal, unless specified above.
Additional requirements will be quoted upon request.
For Service & Supervision — additional Labor charge may apply to base rate, overtime rate and double time rate
depending on actual hours on workday(s), weekend(s) and Howden locally observed holiday(s).
Howden will supply equipment from Howden workshops/manufacturing sites and via Howden Supply chain approved
suppliers sourced worldwide, optimized to give our customers the best value option.
Non Inventory parts are non returnable; returned inventory parts are subject to restocking fee, and will not be accepted
without agreement with Howden.
In the event an account has an overdue balance with Howden, Howden reserves the right to hold shipment until payments
are received, and the account is current.
Recommendations
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As part of our commitment to keeping your equipment running in optimal condition we also recommend you order the
following items.
Line
Part No.
Product Description
Delivery
Qty
Unit Price
Total Item
time
USD
USD
2
933225337OUZ
Link bearing
10
2.00
90.00
180.00
Drw.ltem D102
5
9332254680
Bushing
10
38.00
75.00
2,850.00
Drw.ltem D120
6
9332254730
Bushing
10
38.00
40.00
1,520.00
Drw.ltem D136
7
N15R353920F
Bearing bushing
10
2.00
25.00
50.00
Drw.ltem D236
8
N15R404420FUZ
Bearing
10
2.00
35.00
70.00
Drw.ltem D240
9
9330551079
Support
10
4.00
4.00
16.00
Drw.ltem D248
11
89411938
Slide sheet
10
4.20
65.00
273.00
Drw.ltem D315
4.20 M
12
N15F202315UZ
Bearing
10
4.00
70.00
280.00
Drw.item D335
13
KA22DO027
Bearing
10
2.00
45.00
90.00
Drw.ltem D358
14
KA22DD010UZ
Bearing
10
48.00
80.00
3,840.00
Drw.ltem D361
15
N115F202315UZ
Bearing
10
96.00
70.00
6,720.00
Drw.ltem D362
16
9330551079
Support
10
4.00
4.00
16.00
Drw.item D449
Total:
244.20
15,905.00
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Any estimates of delivery dates are based on our current backlog of orders and may therefore differ from the achievable
delivery dates at the time of the actual order being placed. Howden will seek to consolidate shipments as much as
possible.
We ask that you clearly state on your Purchase order, if and when partial delivery is desired.
Terms and Conditions: This offer is made expressly subject to and conditioned upon acceptance of Seller's Standard
Terms for Sale of Goods (available at: https://www.chartindustries.com/Terms-Conditions }.
Unless otherwise negotiated and agreed to by Seller in writing, no other terms shall apply
regardless of any statement on Buyer's documents to the contrary.
Purchase Order Submission:
A purchase order or a letter of acceptance is required as written notification of acceptance of
this Proposal. Please ensure that your purchase order clearly states the Proposal number and
is issued to:
Howden USA Company
Emailed to: Orderdesk.USA@Howden.com
Howden minimum order value is $500.
For any failure to pick up or direct shipment of goods within 10 Business days after written
notice of availability, Howden will invoice a storage fee of $500 per week for the duration of the
storage.
For Prepay and Charge Orders, there will be a 10% charge of the net selling price applied to the
order to cover the standard transportation and handling expenses to the first North American
or Canadian destination.
This will be added as s separate item or an invoice will be issued separately to the Buyer. This
does not apply to overseas or expedited shipments. In addition, any expenses incurred by Seller
because of special delivery arrangements requested by Buyer shall be billed to Buyer. Howden
does
not provide copies of freight invoices.
For Credit Card Payments a 2% surcharge will be added onto orders over $3,000 when a credit
card is the method of payment. The order value, including the surcharge, will be payable at the
time of order placement and shall not be accepted at any point hereafter. Please note that your
purchase order is still required as part of the new policy.
Delivery Terms: INCOTERMS 2020
EX Works - Origin
Seller is responsible for having the goods packed and made available at the Sellers's premises.
The Buyer bears the full risk and cost from there to the destination, including the loading of the
cargo.
Payment Terms: Payment Terms are Net 30 days from invoice date: Invoice will be issued for the full amount
upon receipt of Order.
Warranty: Twelve (12) months from installation or eighteen (18) months after date of shipment, which
ever occurs first.
Price Validity: This proposal expires in 90 days
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General: This Proposal and acceptance of any Purchase Order is subject to credit approval from Coface.
Pricing does not include Federal, State or Export taxes or duties.
In order to schedule a Service or Supervision to your site, your acknowledgement requesting the
dispatch of a Service or Supervision technician and a copy of an approved purchase order is
required.
Please note that in case the Steel Price Index changes more than +1- 3% from the time of the
proposal to the time of receiving the Purchase Order from Buyer, Howden reserves the right to
adjust the price accordingly.
Upon submittal of orders to Howden, Buyer acknowledges its name will be added to a confidential list of customers that
purchased Howden product(s), and agrees that from time to time, Seiler, in its discretion, may provide its name as a
reference for these products to new customers or to contractors to demonstrate where these products have been sold.
Howden is ISO 8001:2015 Certified.
Regards,
April Montgomery
Howden Aftermarket
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