Contract - Smith Pump Company, Inc. - 3/13/2025 CITY OF ROUND ROCK
AGREEMENT FOR THE PURCHASE OF
REPAIR SERVICES FOR RAW WATER INTAKE PUMPS
WITH
SMITH PUMP COMPANY,INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This Agreement is for the purchase of pump repair services for Raw Water Intake#8 and
#9, and for related goods and services, and is referred to herein as the "Agreement." This
Agreement is made and entered into on this the lR14 day of the month of AaKJI ,
2025, 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 SMITH PUMP COMPANY, whose offices are located at 301 M-B Industrial, Waco,
Texas 76712, referred to herein as the "Vendor." This Agreement supersedes and replaces any
previous agreement between the named parties, whether oral or written, and whether or not
established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase pump repair services for Raw Water Intake #8 and
#9; and
WHEREAS, the desired repairs are the result of unforeseen damage to Raw Water Intake
#8 and#9; and
WHEREAS, purchases necessary due to unforeseen damage to public machinery,
equipment and property are exempt from competitive bidding requirements under Chapter 252 of
the Texas Local Government Code pursuant to Section 252.022(a)(3); and
WHEREAS, City desires to purchase repair services from Vendor and Vendor desires to
provide said repair services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties,and obligations;
4937-8191-7466/ss2
-2025-070
NOW,THEREFORE, WITNESSETH:
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:
1.0 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and services and Vendor is obligated to sell specified
goods and services. The Agreement includes Vendor's Proposal, attached as Exhibit "A," and
incorporated herein by reference for all purposes, and any other exhibits, addenda, and/or
amendments thereto.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and Services mean the specified services, supplies, materials,
commodities, or equipment.
F. Vendor means Smith Pump Company, Inc. or any successors or assigns.
2.0 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect until successful completion of services as set
forth herein.
B. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.0 CONTRACT DOCUMENTS AND EXHIBITS
Vendor's Proposal is set forth in Exhibit "A," which together with this Agreement
comprise the total Agreement as if repeated herein in full.
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4.0 ITEMS AWARDED
Vendor shall satisfactorily provide all the items set forth in Exhibit "A" as set forth
herein. Vendor's undertakings shall be limited to providing goods and services for the City for
which Vendor has been specifically engaged.
5.0 CONTRACT AMOUNT
In consideration for the goods set forth in Exhibit "A," the City agrees to pay Vendor an
amount not-to-exceed$399,000.00.
6.0 INVOICES
All invoices shall include, at a minimum,the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. 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 at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may affect such termination by
giving Vendor a written notice of termination at the end of its then-current fiscal year.
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
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 or 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:
A. 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
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B. 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
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. 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 incurring 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 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
12.0 INSURANCE
Vendor shall meet all of City's insurance requirements as set forth at the City's website:
hqp://www.roundrocktexas.gov/wp-content/uplloads/2014/12/corr insurance 07.20112.pdf.
13.0 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Evan Larson
Public Works Department
Superintendent—Utility Services
3400 Sunrise Road
Round Rock, Texas 78665
(512)218-6699
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14.0 RIGHT TO ASSURANCE
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.
15.0 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor 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 for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully 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
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
16.0 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 thirty(30) days' written notice to Vendor.
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 such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
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under this Agreement 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.
17.0 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.
18.0 COMPLIANCE WITH LAWS, CHARTER, 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
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behalf of Vendor verifies Vendor does not boycott energy companies, and it will not boycott
energy companies during the term of this Agreement.
19.0 ASSIGNMENT AND DELEGATION
The parties each 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.
20.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. 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.
Notice to Vendor:
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: 309 East Main Street
Round Rock,TX 78664 Round Rock,TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.0 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.
22.0 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.
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23.0 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.
24.0 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.
25.0 MISCELLANEOUS PROVISIONS
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.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor 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 Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
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.]
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IN WITNESS WHEREOF,City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock,Texas Smith Pump Company,Inc.
By; By: 2 -
Printed Name: S Printed Name: ke,-
Title: Title: l roses
Date Signed: J` Date Signed:
Attest:
JkBy: '
Ann in,City Clerk
For City,Approved as to Form:
By' .t<t
Stephanie L. Sandre, City Attorney
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Exhibit"A"
Scope of Services
1
p Smith Pump Company, Inc.
301 MB Industrial Blvd
Waco, TX 76712 US
Phone: 800-299-8909 Quote No: 40506
Fax: 254-776-0023
www.smithpump.com Thursday,January 16, 2025
Page: 1
Prepared For: Kirk Sholars shipping. Kirk Sholars
City of Round Rock City of Round Rock
221 East Main Raw Water Intake Station
Round Rock, TX 78664 2050 Cedar Breaks Rd.
Phone: 512 218 5433 Georgetown, TX 78628
Fax: 512 2187097
Shipping Method Freight Terms Payment Terms Salesperson:
Bestway FOB Destination Net 30 Days TXCEN-Jeff McHattie
Thank you for the opportunity to present our quotation for your upcoming project. Please give us a call if you
require additional information.
Sincerely,
Daniel Tacker
clanielt@smithpump.com
Line: 1 Partio: 0SYJ7-M Rev: 0
Replace Bowl Assembly- RWP-8
Existing Bowl Assembly:
Manufacturer: Fairbanks Morse
Model: 18H-3 stage
Q = 3,800 GPM TDH = 343 ft
RPM = 1,750 HP = 400
• Collet came loose on second stage impeller. This destroyed the impeller.
• This also caused damaged to the second stage bowl.
• The first stage impeller is worn too thin for reuse.
• Because of significant damage to multiple components, a new bowl
assembly is recommended.
Replacement Bowl Assembly
Manufacturer: Flowserve
Model: 18KXH-2 stage
Q = 4,200 GPM TDH = 300 ft
RPM = 1,775 HP = 400
Bowls: A48 Cl 30 Cast Iron,flanged
Impellers: C952 Aluminum Bronze
Bearing: C932 Lead Tin Brz
Collet: 416 SS
Shaft: 416 SS
Coating: Amerlock II
The new bowl assembly will be a duplicate of RWP7 provided in 2017
Smith Pump to modify the pump-can-pipe adapter for new bowl assembly
Lead Time: 33 weeks
p Smith Pump Company, Inc.
301 MB Industrial Blvd
Waco,TX 76712 US
Phone: 800-299-8909 Quote No: 40506
Fax: 254-776-0023
O Thursday,January 1Pag 025
www.smithpump.com
Quantity U/M Unit Price Discount Discounted Line Price
Unit Price
1.00 EA 106,000.00000 $106,000.00
Line: 2 Part]D: 0907--M Rev: 0
New Submersible Turbine Pump and Motor- RWP9
Supply New Submersible Turbine Pump and Motor
Each will match equipment provided by Smith Pump for RWI Pump #7 in 2017
SN of previously provided pump # S00692
Smith Pump to also provide adapter for connecting pump to split can and carrier pipe
and slight modifications to existing split can.
PumR Information:
Manufacturer: Flowserve
Model: 18KKH-2 stage
Q = 4,200 GPM TDH = 300 ft
Bowls: A48 Class 30 Cast Iron, flanged
Impeller: C952 Alum. Bronze
Bearing: C932 Lead Tin Bronze
Collet: 416 SS
Shaft: 416 SS
Coupling: 410 SS
Paint: Amerlock II
Strainer: Galv Steel
Motor Information:
Manufacturer: Pleuger
Model: 16"-407kW-60Hz-141A
HP = 450 2300 V/ 3 Ph/ 1740 RPM
Cast Iron Construction
Insulation Class: Y
Starting Method: DOL
New power cable
Lead Time•
34 weeks assuming no submittal or review is required
DOES NOT INCLUDE:
It is possible that the split can may need to be replaced.This quote does not
include replacing the split can or modifying it more than updating the motor
cradle and coating. If additional repairs are required, an additional quote
will be provided. Round Rock to supply pulled can to Smith Pump.
Quote also does not include any repair of carrier pipe or replacement carrier
pipe bolting. It is assumed these are in good condition for re-use.
Quantity U/M Unit Price Dismunt Discounted Line Price
Unit Pnce
1.00 EA 257,000.00000 $257,000.00
Line: 3 Part]D: 4301 Rev: 0
Install and Start Submersible Turbine Pump
Field Service Technician to Install and Perform Start-Up of RWP-8 and RWP-9
Includes:
1. Crane Services
p Smith Pump Company, Inc.
301 MB Industrial Blvd
Waco,TX 76712 US
Phone: 800-299-8909 Quote No: 40506
Fax: 254-776-0023
www.smithpump.com Thursday,January 16, 2025
Page: 3
2. Winch Truck
3. Electrical Re-connect
4. Splice New Motor Cable
Quantity MIM Unit Price Discount Discounted Line Price
Unit Price
2.00 EA 18,000.00000 $36,000.00
*Indicates which quantity price is included in the Total Total: $399,000.00
Prices are Valid Until Saturday, February 15, 2025
ACCEPTED BY:
PRINTED NAME:
PURCHASE ORDER(IF APPLICABLE):
SIGNED ON DATE:
This quotation is made in accordance to BuyBoard Contract Number 672-22.