HomeMy WebLinkAbout6675 DocuSign Envelope ID: BD7BA087-B828-4B90-B250-ECFD6957637D
RETROFIT DIVISION
••M°
Smith & Loveless, Inc.
SALES AGREEMENT
Date: March 6, 2024
Project: Bremerton, WA
Inq #: BB-35505
Rev. 01
Existing S&L SN: 07-7099
Customer Contact: Mitchell Irish
Customer Phone: (360) 979-9839
Customer Email: mitchellirish@bremertonwa.gov
Your local Smith & Loveless Representative Contact Information:
Salesperson & Contact Phone: Josh Clark (425) 822-3335
Representative Company: APSCO, LLC
Representative Email: jclark@apsco-Ilc.com
Scope of Equipment: One (1) SMITH & LOVELESS° Model 4B2A STAR ONE°
Flooded Suction Complete Pump with single mechanical
seal.
• 1.5 HP, 900 RPM, 3/60/208-230/460 V, ODP motor.
• The pump motor shall be inverter ready.
• Impeller trimmed to 9-1/4" for 180 GPM @ 19' TDH.
• The complete pump includes the motor, bronze seal housing,
single-mechanical seal assembly, motor adapter, impeller,
volute, integral front head/pump stand, and suction elbow.
• Suction elbow to be 4" x 4".
• Includes touch-up paint kit and installation hardware for
attaching the volute discharge nozzle to discharge piping and
suction elbow to suction piping.
Price (includes freight): $25,550
2,350.60 9.2 % tax
Grand Total: $27,900.60
-MORE-
14040 Santa Fe Trail Drive. Lenexa, KS 66215
P: 913.888.5201 F: 913.748.0106
www.smithandloveless.com
DocuSign Envelope ID: BD7BA087-B828-4B90-B250-ECFD6957637D
‘.M° RETROFIT DIVISION
Smith & Loveless, Inc.
Page: 2 of 4
Inq: BB-35505
Rev. 01
SN: 07-7099
Location: Bremerton, WA
SHIPMENT: Manufacturing completion is Estimated at 12-14 Weeks from approved submittals.
SUBMITTALS: Submittal Data, if required, is estimated 4-4 weeks after receipt of complete details at Seller's factory.
FUEL SURCHARGE: Any fuel surcharge assessed to Smith&Loveless, Inc.Shall be passed on at cost to customer.This
fuel surcharge was not included in our quote and will be in addition to the contract amount.
INSTALLATION: Smith& Loveless is supplying the aforementioned items. Owner is responsible for installation,
including all inspections and/or code compliance of the installation.
FREIGHT: F.O.B.Origin.
PAYMENT: All purchase orders must be made out to Smith& Loveless, Inc.
Payment is 100%prior to shipment via check or,with continuing credit approval, 100%the earlier of
net 30 days from date of shipment or at time of startup(if S&L startup is included in our quote).
TERMS: Smith& Loveless'quotation and standard terms and conditions applies to this order and no terms set
forth in buyers purchase order,acknowledgment letter or verbal communication shall control unless
approved in writing by the S&L Contract Department. In the event of any inconsistency between
S&L's terms and conditions and buyers purchase order, S&L's terms and conditions shall govern.
TIME FRAME: Quote is good for 30 days.
EQUIPMENT: If the equipment Smith&Loveless is providing is associated with the retrofit or modification of existing
equipment,field adjustments to the existing and/or new equipment may be required for correct
installation.Such adjustments may include, but are not limited to, piping modifications,grouting,
shimming,control panel or electrical changes,etc.Smith&Loveless is relying on information
provided by the customer,the installing contractor,or others with regard to the measurement, model
or part numbers,drawings,and descriptions of existing equipment in the design and manufacturing of
the new equipment for this project.As a result, Smith& Loveless shall not be responsible for any
problems or difficulties encountered when fitting up new equipment with existing equipment.
Agreed to this 10th day of April ,2024. Lenexa, KS. Agreed to this 10thday of April ,202 Oat
BUYER SMITH&WV1fL°E'§J;a fPU�3":
Greg Wheeler 3etun, (Ara.).
By. Beer�signeel by: By. �1-441C,LNAEbU2641-13..
P INT,1 U AUTHORIZED SIGNATURE
@XC 'Btd Ed'r 47B..
AUTHORIZED SIGNATURE
City of Bremerton
COMPANY NAME
345 6th Street,STE 100
ADDRESS
Bremerton,WA 98337
CITY,STATE,ZIP
360-473-5306
PHONE
Is this purchase tax exempt? Yes x No
If YES,attach Sales Tax Exemption Certificate. Failure to provide tax exempt certificate prior to shipment will result in Buyer being
responsible for all applicable taxes.
14040 Santa Fe Trail Drive. Lenexa, KS 66215
P: 913.888.5201 F: 913.748.0106
www.smithandloveless.com
DocuSign Envelope ID: BD7BA087-B828-4B90-B250-ECFD6957637D
RETROFIT DIVISION
tpli*
Smith & Loveless, Inc.
1. GENERAL A. Buyer's execution of this Agreement constitutes Buyer's offer to purchase, on the terms and conditions set
forth herein,the equipment described in this agreement,and such offer is irrevocable for thirty(30)days after Buyer executes and
delivers to Seller this Agreement together with all necessary engineering data and information. Prices are firm for thirty(30)days
after the bid date provided a firm order is received at the factory within that time period and provided approved Submittal Data is
received at the factory within forty-five (45)days from the date submittals are forwarded from the factory. In the event firm orders
and Submittal Data are not received by Seller within the times set forth above,then price and delivery estimates may change due to
changes in the costs of material and labor and/or factory capacity at the time when the firm orders or approved Submittal Data is
received by Seller. Seller reserves the right to amend this Sales Agreement if not signed and returned within thirty(30)days from
the quotation date. In the event we are unable to ship within estimated period for reasons beyond our control, including a request by
the Buyer to defer shipment,the prices are subject to adjustment to those prevailing at the time of shipment.
B. THIS AGREEMENT IS NOT BINDING ON SELLER UNLESS SIGNED ON SELLER'S BEHALF BY AN OFFICER OR
MANAGER OF SELLER.
C. This Agreement constitutes the entire contract between the parties with respect to said equipment(any prior agreement,
representation,covenant or warranty,written or oral, being superseded hereby)and may not be amended or modified except by a
written instrument duly executed by both parties,the provisions of any purchase order or other document submitted by or on behalf
of Buyer to the contrary notwithstanding.
D. All notices hereunder are to be in writing and mailed postage prepaid to the party being notified at the address indicated in —os
this agreement or at such other address as may be designated in writing. I( ���
E. Remedies provided for herein are cumulative and are in addition to all other remedies as may be available at law or in
equity. _
F. This Agreement is governed by and subject to the laws of the State of Kancao Washington and the Buyer by executing t s �
agreement agrees to submit to the Jurisdiction of the State of-Ke*sas Washington and the venue for any disputes between the
parties will be in the District Court of Kitsap Johnson County,Washington Kefsas;or the Fcdcral Dictriot Court of liTeeRses. iL
2. NOTICE TO PROCEED-Return to Seller of approved Submittal Data or notification to Seller that the submission of
submittals will be waived, constitutes notice to Seller to proceed with manufacture. In the event Seller does not receive approved
Submittal Data within forty-five (45)days after Seller's submission of submittal data for approval,then Seller reserves the right to
amend price and delivery of the equipment being sold. Final approved Submittal Data means approval by Buyer(or Buyer's
representative)of Seller's Submittal Data and/or after all notations or comments have been clarified, approved and inserted into
Seller's manufacturing documents at which point Sellers estimated completion schedule commences.Variations in the time
Submittal Data is returned to Seller and/or Submittal Data marked approved but which contain contingencies or variations may
impact the completion time of the equipment. Seller agrees to furnish only the equipment included in Seller's quotation and/or as
described and modified in the Submittal Data.Approval of the Submittal Data constitutes acceptance of the equipment in the
configuration described therein. If Seller is directed to change the scope of the equipment after notice to proceed to manufacture,
then Seller reserves the right to amend the price and delivery of the equipment.
3. EXCUSED PERFORMANCE-Seller is not liable for any failure or delay in performance hereof,with respect to delivery or
otherwise, if such failure or delay is due to any cause beyond Seller's control including, but not limited to,any Act of God, war, civil
disturbance, riot, labor difficulty,factory capacity,fire,other casualty, accident or supplier's failure or inability to perform.
4. CREDIT APPROVAL- The credit terms specified herein are subject to Seller's continuing approval of Buyer's credit and
if, in Seller's sole judgment, Buyer's credit or financial standing is impaired as to cause Seller to deem itself insecure, Seller may
withdraw the extension of credit and require other payment terms.
5. PAYMENT- Subject only to any credit terms,which Seller may extend,the total purchase price hereunder is due at such
time,within or after the estimated shipment period specified herein,as said equipment is ready to be shipped. Buyer shall pay in full
all invoices within the time for payment specified therein and Buyer's payment obligation is in no way dependent or contingent upon
Buyer's receipt of payment from any other party.Any balance owed by Buyer for thirty(30)days or more after the same becomes
due is subject to a 2%per month delinquency charge until paid. In addition to all other amounts due hereunder, Buyer shall
reimburse Seller in full for all damages, costs and expenses, including reasonable attorneys'fees,which Seller may incur with
respect to Buyer's breach of this Sales Agreement or the collection of past due amounts from Buyer. If Buyer is in default under this
or any other agreement with Seller, Seller may,at its option, defer performance hereunder until such default is cured.
14040 Santa Fe Trail Drive. Lenexa, KS 66215
P: 913.888.5201 F: 913.748.0106
www.smithandloveless.com
DocuSign Envelope ID: BD7BA087-B828-4B90-B250-ECFD6957637D
RETROFIT DIVISION
Cipl*
Smith & Loveless, Inc.
6. SECURITY INTEREST-Until all amounts due hereunder have been paid in full, Seller has a security interest in said
equipment and has all rights of a secured party under the Uniform Commercial Code including,without limitation,the right to tak
possession of said equipment without legal process and the right to require Buyer to assemble said equipment and make it available
to Seller at a place reasonably convenient to both parties.At Seller's request, Buyer shall execute any financing statement or
statements submitted by Seller in order that Seller's security interest in said equipment may be perfected.
7. WARRANTY&LIABILITY-Seller warrants only that said equipment is free from defects in materials and workmanship as
set forth in Seller's standard Certificate of Warranty furnished to Buyer at the time of final shipment. THIS WARRANTY IS
EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR DESIGN AND WHICH ARE EXPRESSLY DISCLAIMED
BY SELLER. Seller's sole responsibility with respect to any equipment which proves to be defective as to materials or workmanship
is either to replace or to repair the same as is set forth in said Certificate of Warranty. Unless authorized in writing by Seller, Seller is
not responsible for any charge or expense incurred for the modification, servicing or adjusting of said equipment after the same has
been delivered to Buyer. Seller is not liable in association with its warranty or in any other capacity for any consequential, incidental
or liquidated damages, late fees/damages or penalties.
8. CLAIM PERIOD-Buyer shall immediately inspect said equipment upon receipt thereof and immediately notify the carrier of
any damage, shortage or other nonconformance. Seller is not obligated to consider any claim for damages, shortages or non-
conformance unless notified by Buyer within ten (10)days after Buyer's receipt of said equipment.
9. CANCELLATION-Should Buyer cancel this agreement without Seller's prior written consent, Seller may, at its option,
recover from Buyer a cancellation charge of not less than 20%of the purchase price hereunder. This cancellation charge is
intended to compensate Seller for difficult-to-calculate economic losses, including but not limited to, material and labor costs, as well
as loss of anticipated profits suffered due to cancellation.
10. SEVERABILITY-If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in
conflict with the law of any jurisdiction,the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby.
11. STORAGE-If at such time,within or after the estimated shipment period specified herein,as Seller notifies Buyer that said
equipment is ready to be shipped Buyer requests a delay in shipment, Seller may,at its option, agree to store said equipment for a
period of time determined by Seller, provided that such agreement will not affect Buyer's obligation to pay in full all invoices as they
become due, and provided further that for each month, or portion thereof,said equipment is so stored by Seller, Buyer shall pay to
Seller as a storage fee an amount equal to 2%of the purchase price.
12. DRAWINGS, ILLUSTRATIONS AND MANUALS-Catalog and proposal drawings, bulletins, and other accompanying
literature are solely for purpose of general style, arrangement and approximate dimensions. Seller may make any changes Seller
deems necessary or desirable. Submittal for approval, if required,will be made after receipt of complete information from Buyer.
Unless otherwise specified at the time of quotation, six sets will be furnished.Additional sets are at$25.00 per set. Installation,
maintenance and operation manuals will be furnished in the number of copies specified at the time of quotation. If none specified,
four will be provided at no added cost,with additional copies at$50.00 each.
13. PERMITS, LICENSES-Buyer at its sole cost and expense shall obtain all building or other permits or licenses with respect
to the installation and operation of said equipment required by any federal, state or local governmental body.
14. PATENT INDEMNIFICATION-Seller shall, at its own expense,defend any suit instituted against Buyer, based on any
claim that equipment furnished hereunder infringes any Letters Patent of the United States, and Seller shall pay any damages
assessed against Buyer in any such suit, provided that Buyer, upon service of process upon Buyer, gives to Seller notice in writing
of the institution of such suit,and permits Seller,through counsel chosen by Seller,to defend the same, and gives Seller all
information in Buyer's possession and reasonable assistance and authority to enable Seller so to do. Seller shall have no liability or
obligation to Buyer for patent infringement resulting from compliance by Seller with written instructions or specifications of Buyer
concerning the structure, operation, material, or method of making equipment furnished hereunder.
14040 Santa Fe Trail Drive. Lenexa, KS 66215
P: 913.888.5201 F: 913.748.0106
www.smithandloveless.com
DocuSign Envelope ID: BD7BA087-B828-4B90-B250-ECFD6957637D
Public Works and Utilities Department
CITY OF 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360)473-5920 • FAX(360)473-5360
BREMERT•
DATE: March 7, 2024
TO: Procurement File
FROM: Eric Burris, WVVfP Manager
SUBJECT: Sole Source Determination
In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of
this memorandum is to document the necessity of sole source procurement methodology for the
purchase of a Smith and Loveless Model 4B2A lift station pump.
Reasoning (check all supporting options below):
❑x Compatibility to existing City standard or to existing equipment, inventory, systems, data,
programs or service. This pump purchase is for lift station CE-2, which is a Smith and Loveless
lift station. This pump is a direct replacement for existing equipment and as such will bolt up
directly to existing suction and discharge piping, avoiding the significant cost associated with
replacing existing piping.
❑ Licensed or patented product with only one dealer. (Include a statement explaining why this
particular licensed or patented product the only one suitable for your purpose)
❑ Authorized service provider, repair and/or warranty services. The City requires service or
repair support for products or equipment owned by the City, and the vendor is either a factory
authorized warranty service provider or that particular vendor is required for warranty services
according to the conditions of a current City contract.
❑ Unique design: Requires unique features that are essential aesthetic requirements, or not
practical to match to existing design or equipment, such as artwork. Describe.
❑ Special bargain: This might include a surplus item, an auction sale, used equipment, returned
"open box" purchase, or other similar one-time bargains. Describe.
❑ Delivery date: Only one supplier can meet required delivery date. Explain why this delivery
date is essential. This can only be used in limited circumstances, for delivery deadlines that are
the result of an unanticipated situation, and not a circumstance that could have been reasonably
anticipated or averted by advance City planning.
❑ Project or research continuity: Product, systems, services or data must comply with an ongoing
project, research, data, testing or analysis without a compromise in the integrity of the project.
• Page 1 Smith and Loveless March 7, 2024
DocuSign Envelope ID: BD7BA087-B828-4B90-B250-ECFD6957637D
Public Works and Utilities Department
CITY 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360)473-5920 • FAX (360)473-5360
1 ERTI
Also, this should be a situation that cannot be replicated by another company because there is a
legal or physical obstruction to disclosing the project information to allow another company the
opportunity to replicate. Examples include situations where a company has legal and/or
proprietary rights to customization such as software code, or to data; or testing or data is collected
through a unique measuring instrument that cannot be accurately duplicated and offered by
another vendor.
❑ Requirement by funding source: Lender, grantor (such as federal government) or other
provider of funds requires the specific product, service or system. Attach a copy of the document
that clearly shows such a requirement is imposed by the funding source.
❑ Legal monopoly: Only one supplier, such as electricity, water, or sewage.
❑ Trial and evaluation projects: A limited duration, limited scope pilot, trial or evaluation of a
product, range of products or services. A trial or evaluation project would typically be part of
establishing a standard for a City department, or to pilot a particular product or services for a City
need. Describe the pilot, specify the scope of the pilot, and attach information to confirm that the
pilot is part of a purposeful department pilot initiative.
❑ Other: Describe why this is the only company that can provide the sole source product or
service. Provide the support document that explains why a particular product, manufacturer, or
service is necessary and provide support for why the company you requested is the only available
company.
Cost/Quote support:
After reviewing sales quote BB-35505 from Smith and Loveless for$27,900.60, our staff believes
this is a fair and reasonable price.
Therefore, it is my determination that it is in the City's best interests to purchase the Smith and
Loveless Model 4B2A pump from Smith and Loveless through direct negotiation, pursuant to BMC
2.76.090 and 2.76.010, and that sole source purchase of this service plan is justified for this
procurement.
Recommended by: Approved by:
Tom Knuckey Digitallysigned by Tom Knuckey
Date:2024.03.0708:52:59-08b0'
c J. Burris, WW Manager Tom Knuckey, PW&U Director
• Page 2 Smith and Loveless March 7, 2024