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R-2025-202 - 8/14/2025 RESOLUTION NO. R-2025-202 WHEREAS, the City of Round Rock ("City") desires to purchase a new return activated sludge pump at the Brushy Creek East Regional Wastewater Treatment Plant; and WHEREAS, Section 252.022(4) of the Texas Local Government Code states that expenditures for items available from only one source are exempt from competitive bidding requirements; and WHEREAS, Smith Pump Company, Inc. is the sole source provider of the goods and services being purchased, as shown in Exhibit"A," and incorporated herein for all purposes; and WHEREAS, the City wishes to issue a purchase order to Smith Pump Company, Inc. for the purchase of a new return activated sludge pump at the Brushy Creek East Regional Wastewater Treatment Plant, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to Smith Pump Company, Inc. for the purchase of a new return activated sludge pump at the Brushy Creek East Regional Wastewater Treatment Plant. 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 hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August, 2025. CRA O G , Mayor City of ound ck,Texas AT ST: !V ln ' l AN FRANKLIN, City Clerk 0112.20252.4930-5511-0745 t ® Smith Pump Company, Inc. 301 MB Industrial Dr Waco,TX 76712 US EXHIBIT Phone: 800-299-8909 Quote No: 40889 Fax: 254-776-0023 A 0 www.smithpump.com Monday, May Sag 021 Prepared For: Shipping: City of Round Rock City of Round Rock 221 East Main 221 East Main Round Rock,TX 78664 Round Rock,TX 78664 Phone: 512 218 5433 Fax: 512 218 7097 Shipping Method Freight Terms Payment Terms Salesperson: Bestway FOB Destination Net 30 Days TXCEN-Jeff McHattie l Thank you for the opportunity to present our quotation for your upcoming project. Please give us a call if you require additional information. Sincerely, Andrew Kim andrewk@smithpump.com Line: 1 Pail-ID: 0900-M Rev: 0 Pump-End Suction - FLowserve MN Flowserve 12MNC14A FR6A Solids-Handling End Suction Pump Design Condition of 3850 GPM @ 28'TDH For Use w/890 RPM Motor Duplicate of S/N 2302MS007669 Includes Bare Pump, Mechanical Seal, Suction Elbow Lead Tim: 28 Weeks ARO Quantity U/M Unit Price Discount Discounted Line Price Unit Price 1.00 EA 104,114.00000 $104,114.00* *Indicates which quantity price is included in the Total Total: $104,114.00 Prices are Valid Until Wednesday,June 4, 2025 ACCEPTED BY: PRINTED NAME: PURCHASE ORDER(IF APPLICABLE): SIGNED ON DATE: t j ® Smith Pump Company, Inc. 301 MB Industrial Dr E Waco, TX 76712 US ellPhone: 800 299 8909 Quote No: 40889 Fax: 254-776-0023 O www.smithpump.com Monday, May Pa e025 9 Terms and Conditions I. Applicability-These Terms and Conditions of Sale('Terms")shall govern all sales of equipment or services to Customer.These Terms supersede any prior wetter or oral agreement,understanding, representation or promise and any pre-pnnted or standard terms and conditions contained in Customer's request for quote,purchase cider,invoice,order acknowledgement or similar document. These Terms may not be amended,supplemented,changed or modified except by concurrent or subsequent written agreement signed by an authorized representative of both Smith Pump Company ("SPCO")and Customer.SPCO's acknowledgement of Customer's purchase order shall not constitute acceptance cf any terms or conditions contained therein which are in any way inconsistent with the Terms.Any additional or different terms or conditions included in any acceptance ci this quotation are expressly disclaimed and rejected in advance,and unless there is prior mutual agreenr,crrt otherwise,shall not become a part cf any contract resulting from this quotation. 2 price-Unless otherwise stated in this quotation,all prices are FCC shipping point.All transportation,Insurance and similar charges incident to delivery shall be borne by the Customer.This quotation is valid for thirty(30)days only.Shipping dates are approximate and are based on prompt receipt of all necessary information.In the case of delay in furnishing complete information to SPCO,dates of shipment may be extended for a reasonable time.In the event SPCO provides transport services,these will be quoted as a lump sum price based on destination and shipping mode. In the event Customer requests a delay or suspension in the completion and/or shipment of equipment or services covered by this quotation,or any part thereof,for any reason,the parties shall agree upon any cost and/or scheduling impact of such delay and all such costs to Customer's account.Any delay period beyond thirty(30)days after original scheduled shipment date shall require Customer to(i)take title and risk of loss of any equipment covered by this quotation,and(ii)make arrangements for the storage of such equipment with SPCO or other party.SPCO's invoice,which Is contractually based on shipment,shall be issued upon SPCO's readiness to ship the equipment covered by this quotation. SPCO shall net be liable for delay and delivery due to causes beyond its reasonable control including,but not limited to,acts of God,acts of government,acts of Customer,fires,labor disputes, boycotts,floods,epidemics,quarantine restrictions,war,insurrection,terrorism,not,civil or military authority,freight embargos,transportation shortages or delays,unusually severe weather or Inability to obtain necessary labor,materials or manufacturing facilities due to such causes.In the event a any such delay,the date of delivery shall be extended for a length of time equal to the period of the delay. 3. Warranty-SPCO warrants new equipment or parts to be free from defects in materials and workmanship for a period cf eighteen(18)months from the date of shipment or twelve(12)months from the date ci startup or initial use,whichever comes first.SPCO SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL,INCIDENTAL,SPECIAL OR LIQUIDATED DAMAGES.NO DEPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY.Repairs performed by SPCO are warranted against defects in workmanship and/or materials for a period of twelve(12)months from the date of shipment.SPCO will not be responsible for any removal or reinstallation charges or transportation charges in cases where equipment has failed under these warranty conditions.SPCO's sole obligation and Customer's sole remedy under this warranty is repair or replacement at SPCO's election.Customer agrees to provide SPCO reasonable and clear access to any equipment covered by this warranty which may include removal or materials or structures as well as supplying any equipment,matenals cr structures which are necessary to provide reasonable access to the equipment being repaired or replaced.Costs to remove and/or reinstall equipment for warranty purposes shall be the responsibility of Customer. Replacement parts or repairs furnished under this warranty shall be subject to warranty provisions herein for the remaining warranty period.All equipment repaired or replaced will be re-warranted only for the remainder of the original warranty period.SPCO does not warrant the equipment covered by this quotation a any repair/replacement part against the effects of erosion,corrosion,or normal wear and tear due to operation or the environment.The warranty and remedies set forth herein are conditioned upon proper storage,installation,use and maintenance of the equipment covered by this quotation in all material respects,and in accordance with SPCO's written recommendations.Customer must notify SPCO in writing of any warranty claim during the warranty period or within thirty(30)days thereafter. SPCO will net be liable under this warranty d warranted goods have been exposed or subjected to any(1)maintenance,repair,installation,handling,packaging,transportation,storage,operation,or use which is improper or otherwise not in compliance with SPCO's instructions,(2)alteration,modification or repair by anyone other than SPCO or those specifically authorized by SPCO,(3)accident, contamination,foreign object damage,abuse,neglect,or negligence after shipment to Customer,(4)damage caused by failure of a SPCO supplied product not under warranty or by any hardware or software not supplied by SPCO,(5)use of counterfeit or replacement parts that are not manufactured by the manufacturer of goods provided by SPCO or approved by SPCO for use In goods provided by SPCO,or(6)goods which are normally consumed in operation or which have normal life inherently shorter than the warranty period including,but not limited to,consumables(e.g. lamps,batteries,storage capacitors). 4. payment-All prices are net cash to be pad 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(30)days after issuance shall bear Interest at the highest lawful rate due and payable on any Invoiced account,which is delinquent and not paid within the stated terms.Should Customer for any reason fail to pay in accordance with these terms,Customer agrees to pay all collection costs,attorneys fees and expenses incurred in collecting payment. If Customer's financial condition is a becomes unsatisfactory to SPCO,SPCO reserves the right to(a)require payment from Custorner on a cash in advance basis,(b)require a letter of credit or other acceptable security before shipment,(c)cancel shipment at any time prior to delivery without further obligation or liability on SPCO's part,(d)terminate any contract or obligation on the part of SPCO,or(e)require other special payment terms acceptable to SPCO to assure payment.All extensions ci credit are subject to the approval of SPCO's credit department and management. 5. Joint Check Aareemrent-If Customer fails to pay laborers and materialmen within thirty(30)days after payment by SPCO,SPCO will have the right to make future payments by check payable jointly to Customer and laborers or materialmen to the extent cf unpaid indebtedness arising out of the job.SPCO will credit joint checks against the contract sum on the next payment application. 6 lam-The amount of all federal,state or local taxes applicable to the sale,use,delivery or transportation of the equipment or services sold hereunder and all duties,Imports,tariffs,and other similar levies shall be added to the contract price and paid by the Customer except where the Customer shall furnish an appropriate certificate of exemption. 7. Property Damage-SPCO shall not be responsible for damage to topsoil or groundcover in connection with the work or service performed under this contract.SPCO shall not be responsible for claims arising from the pumping of water onto the ground which is necessary in connection with the service or work provided by SPCO.The customer agrees to hold SPCO harmless from claims arising out of damage caused by the pumping of water onto the ground. a. Startup-If the equipment supplied pursuant to this quotation has a warranty requirement,qualified SPCO personnel must be present during the Initial equipment startup and commissioning. Failure to request and assure the presence of qualified SPCO personnel will void any warranty herein.Requests for startup must occur at least seven(7)days prior to the scheduled date of the startup. U Limitation of Liability-The remedies set forth herein are exclusive and the total liability a SPCO with respect to this quotation,n,and any contract for goods or services arising from this quotation,or for any breach thereof,whether based on contract,warranty,torts(including negligence),indemnity,strict liability or otherwise,shall not exceed the quotation or sales price of the specific equipment or service which gives rise to the claim. lir &Sal-NI amounts that Customer owes SPCO under this quotation shall be due and payable in accordance with the terms of the quotation.Customer shall not setoff such amounts or any portion thereof,whether or not liquidated,against sums which Customer asserts are due to it,its parent,affiliates,subsidiaries a other division under other transactions with SPCO. II. Customer Cancellation-Customer may cancel this order only upon written notice and payment to SPCO of reasonable and proper cancellation charges.In the event of cancellation,Customer must pay for all material,expense and labor costs Incurred by SPCO in connection with the materials and services to be provided pursuant to this quotation,as well as all expenses relating to any specially fabricated materials and restocking charges. 12. Assignment-Neither party may assign this order or any portion thereof without the advance,wntten consent of the other party,which consent shall neat be unreasonably withheld. 13. Waiver/Severabllmt-Failure by SPCO to assert all or any of its rights upon any breach by Customer shall not be deemed a waiver cf such rights either with respect to such breach or any subsequent breach,nor shall any waiver be Implied from the acceptance of any payment.No waiver of any right shall extend to or affect any other right Customer may possess nor shall such waiver extend to any subsequent similar or dissimilar breach. If any portion of these Terms are determined to be Illegal,invalid or unenforceable for any reason,such provision shall be deemed stricken fix the purposes of the dispute In question and all other provisions shall remain in full force and Effect. 14. Applicable Law-The contract involving the sale of the equipment and services covered by this quotation shall be interpreted in accordance with the laws ci the State of Texas.This contract is performable in McLennan County,Texas and venue for any court action in any way relating to or arising out of this contract shall be McLennan County,Texas. Docusign Envelope ID:FAAD6B27-4508-49BA-BD71-F51B7FCBFOBA 1.11.11 FLOWSERVE AUTHORIZATION LETTER May 13, 2025 Javier Cedillo Supervisor—Treatment Plant City of Round Rock 221 East Main Street Round Rock, TX 78664 Dear Javier: This letter is to hereby acknowledge that Smith Pump Company, Inc. with offices at.301 M - B Industrial, Waco, TX 76712 United States is recognized by Flowserve US Company ("Flowserve") as the sole authorized Water Sales Representative for Round Rock, TX. Smith Pump Company, Inc., is authorized to promote sales, receive inquiries, and present quotations, for the products within the markets and territories specified in the attached PRODUCTS and TERRITORY. For the avoidance of doubt, this does not include mechanical seals. This authorization letter is valid until December 31, 2025 or until earlier revoked by Flowserve. Regards, DDocuuu SS ignedby: S�(cq�J iBEC905787113485 Stephanie Ruttman Contracts and Channel Partner Manager Flowserve US Company 5215 North O'Connor Blvd,Suite 700 Telephone 972-443-6800 19—FSG—WSRA-00293 Irving,TX 75039 www.flowserve.com USA