R-2018-5099 - 1/11/2018 RESOLUTION NO. R-2018-5099
WHEREAS, the City of Round Rock ("City") desires to purchase services relating to the
repair of utility pumps and motors in various City locations and to purchase associated goods and
services, and
WHEREAS, the City is a member of the Buy Board Cooperative Purchasing Program ("Buy
Board"), and
WHEREAS, Smith Pump Company, Inc. is an approved vendor of the Buy Board, and
WHEREAS, the City desires to purchase certain services and related goods from Smith Pump
Company, Inc. through Buy Board, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Services Relating to Repair of Utility Pumps and Motors with Smith Pump
Company, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated
herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
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 11th day of January, 2018.
CRAIG ORGA ayor
City of I ound R k, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1804;00392713
EXHIBIT
"A„
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF SERVICES
RELATING TO REPAIR OF UTILITY PUMPS AND MOTORS
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 purchase of services relating to the repair of utility pumps and
motors in various City of Round Rock locations, and for related goods and services, and is
.referred to herein as the "Agreement." This Agreement is made and entered into on this the
day of the month of 2017, by and between the CITY OF ROUND
ROCK, IrEXAS, 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 3500 Comsouth Building 4, Suite 500, Austin, Texas 78744,referred
to herein as the "Services Provider." 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 services relating to the repair of utility pumps and
motors in various City locations, as set forth in Exhibit "A," and to purchase associated goods
and services, and City desires to purchase same from Services Provider; and
WHEREAS, City is a member of the Buy Board Cooperative Purchasing Program ("Buy
Board") and Services Provider is an approved Buy.Board vendor; and
WHERE'AS, City desires to purchase certain services and related goods from Services
Provider through Buy Board as set forth herein, pursuant to Texas Local Government Code,
Section 271.102; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
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:
00389815 ss2
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City is obligated to buy specified goods and services and Services Provider is obligated
to sell specified goods and services. The Agreement includes Service Provider's Proposal
(attached as Exhibit"B") 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. Services Provider means Smith Pump Company, Inc. or any successors or
assigns.
2.01 EFFECTIVE DATE, INITIAL TERM,AND ALLOWABLE RENEWALS
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 unless and until it expires by operation of the
term stated herein, or until terminated as provided herein.
B. This Agreement shall expire June 30,2019.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges.
D. 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.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
The description of the City' water and wastewater pumps and motors and the various
locations to be serviced are set forth in Exhibit "A," and the Service Provider's Proposal is set
forth in Exhibit "B," which together with this Agreement comprise the total Agreement as if
repeated herein in full.
4.01 SCOPE OF WORT{
Services shall satisfactorily provide for the repair of the utility pumps and motors
described in Exhibit "A." Services undertakings shall be limited to performing services for the
City and/or advising City concerning those matter on which Services Provider has been
specifically engaged. Services Provider shall perform its services in accordance with the
Agreement, in accordance with the appended exhibits, in accordance with due care, and in
accordance with prevailing industry standards for comparable services.
5.01 COSTS
City shall pay Service Provider in accordance with the prices set forth on page nineteen
(19) of Exhibit"B."
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Services Provider;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 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 effect such termination by
giving Services Provider a written notice of termination at the end of its then-current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Services Provider will be made within thirty (30) days of the date City receives
goods under this 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. Services Provider 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
3
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 Services Provider, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
B. There is a bona fide dispute between Services Provider 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.
9.01 GRATUITIES AND BRIBES
City may,by written notice to Services Provider, cancel this Agreement without incurring
liability to Services Provider if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider may be subject to penalties stated
in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
11.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the goods as specified, City reserves the right and
option to obtain the products from another supplier or suppliers.
12.01 INSURANCE
Services Provider shall meet all of City's insurance requirements as set forth at the City's
website:
htt ://www.roundrocktexas. ov/ cont,ent/u loads/2014/12/corr insurance 07.20112. df.
Failure to meet or maintain City's insurance requirements shall be considered a material
breach of this Agreement.
4
13.41 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Buddy Franklin
Utilities and Environmental Services Department
Utility Support Superintendent
2008 Enterprise Drive
Round Rock, Texas 78664
(512) 218-5578
14.01 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 relay
treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing the specified goods elsewhere, Services Provider agrees that it may be charged the
difference in cost, if any, and that it will not be considered in the re-advertisement of the service
and that it may not be considered in future bids for the same type of work unless the scope of
work is significantly changed.
Services Provider 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.
5
16.01 TER.'1r''[INATION 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 Services
Provider.
B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten(10)days' written notice to Services Provider.
C. Services Provider has the right to terminate this Agreement only for cause, that
being in the event of a material and substantial breach by City, or by mutual agreement to
terminate evidenced in writing by and between the parties.
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 Services Provider,
Services .Provider shall discontinue at] 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, Services Provider shall submit a statement showing in detail the goods and/or
services satisfactorily performed under this Agreement to the date of termination. City shall then
pay Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Services Provider 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
Services Provider, or Services Provider's agents, employees or subcontractors, in the
performance of Services Provider'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
Services Provider (including, but not limited to the right to seek contribution) against any third
party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH LAWS, CHARTER, ORDINANCES AND PROGRAMS
A. Services Provider, 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. Services Provider acknowledges and understands that City has adopted a Storm
Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139
through 14-152 of the City's Code of Ordinances, to manage the quality of the discharges from.
6
its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the
requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas
Pollutant Discharge Elimination System (TPDES). The Services Provider agrees to perfoi-rn all
operations on City-owned facilities in compliance with the City's Illicit Discharge Ordinance to
minimize the release of pollutants into the MS4. The Services Provider agrees to comply with of
the City's stormwater control measures, good housekeeping practices and any facility specific
stormwater management operating procedures specific to a certain City facility. In addition, the
Services Provider agrees to comply with any applicable TCEQ Total Maximum Daily Load
(TMDL) Requirements and/or I-Plan requirements.
C. In accordance with Chapter 2270, 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 Services Provider verifies Services Provider does not boycott Israel and
will not boycott Israel during the term of this Agreement.
'19.01 ASSIGNMENT AND DELEGATION
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.
20.01 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 Services Provider:
Smith Pump Company, Inc.
Darrel R. Mize
3500 Comsouth, Bldg4, Suite 500
Austin,TX 78744
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
7
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
21.01 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.
22.0.1 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
23.01 DISPUTE RESOLUTION
City and Services Provider 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.
24.01 SEVEI ,BILITY
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 fiom 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.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider 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. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider shall be fully responsible for its delays or for failures to use best efforts in
accordance with the terms of this Agreement. Where damage is caused to City due to Services
Provider's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
Force Majeure. Neither City nor Services Provider 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.
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Rock,Texas Smith Pump Company,Inc.
'Yr
t
By: By: L �:
Printed Name: Printe7gned:
me: ea adtke
Title: Title: V.P.
Date Signed: Date 11/21/2017
Attest:
By:
Sara L. White,City Clerk
For City,Approved as to Form:
By:
Stephan L. Sheets, City Attorney
9
Pump Info
Water
Site Motor Brand Pump Brand MGDIGPM Controls
9 1 3 1#1,2,3 Lake Pump 600 hp Sub/2300V Plueger 18ENH Flowserve 8 MGD/5556 GPM Soft Start
2 1 3 #4,5,6 Lake PUmp 400 hp Sub/2300V Plueger 18 LOCH-2 Bryon-Jackson 6 MGD/4200 GPM Direct
3 1 3 1#7,8,9 Lake Pump 400 hp Sub/2300V Plueger 18H 3412 Fairbanks 6 MGD/4200 GPM VFD(Robison)
4 1 4 1#1,2,3,4 High Service 200 hp Vert/480V US Motor 15 MOH Byron-Jackson 3MGD/2100 GPM Direct
S 1 2 1#5,6 High Service 400 hp Vert/480V US Motor 18 KXH-2 BLO/IP 6 MGD/4200 GPM Direct
6 1 1#7H19h Service 450 hp Vert/480V US Motor 18 MLK FloWay 6 MGD/4200 GPM VFD(Allen Bradley)
7 1 1#8 High Service 500 hp Vert/480V GE 20 MLK/H FloWay 7.5 MGD/5200 GPM Soft Start
8 1 1#9 High Service 500 hp Vert/480V GE 20 MLK/H FloWay 7.5 MGD/5200 GPM Direct
9 1 1#10 High Service 500 hp VerV480V US Motor 23EKM-3 Flowserve 7.5 MGD/5200 GPM VFD(Robison)
10 1 1#11 High Service 500 hp Vert/480V US Motor 23EKM-3 Flowserve 7.5 MGD/5200 GPM Soft Start
11 1 IWestinghouse N Well 20hp Sub-230/460v-3 Plueger 8EHL-8 Flowserve 350 GPM Direct
12 1 1 Westinghouse S Well 25hp Sub-230/460v-3 Plueger 8EHM-8 Flowserve 500GPM Direct
13 2 WH Boaster#1-2 60hp Vert-230/460v-3 GE 12G-3 Byron-Jackson 1000GPM Direct
14 4 Bowman Booster#14 100hp Vert-230/460v-3 US Motor 14GM-3 Byron-Jackson 1500 GPM Direct
16 6 Lake Creek Boos#1-N 200hp Vert/460v US Motor 12 HD Peerless 2000 GPM Direct
16 1 Lake Creek Well#1 100hp Vert-230/460v-3 US Motor 781H561 Byron-Jackson 1500 GPM Direct
17 1 Lake Creek Well#3 100hp Sub 460v Franklin 971200 Crown 1300GPM Direct
18 1 take Creek Well#4 200hp Vert/460v US Motor 14EN Byron-Jackson 2600 GPM Direct
19 1 Lake Creek Well#7 125hp Sub/460v Bryon-Jackson 12MOH Bryon-Jackson 1500 GPM Direct
20 4 McNeil Booster#1-4 100hp VerY460v US Motor 14GM-3 Byron-Jackson 1500 GPM Direct
211 3 ISE Elevated#1-3 40hp Horz-230/460-3 US Motor &B-14413410 Gould-split 1250 GPM Direct
22 3 SE Ground 91-3 300hp Vert/460v US Motor 20MQL-4 Byron-Jackson 3000 GPM Direct
23 3 Stone Oak Booster 50hp Horz/460V Baldor 3656/3756 Gould-split 750 GPM Direct
24 3 Reuse High Service 250hp Vert/460v. US Motor 16ENL-1 FlowServe 1190 qPm VFD(Square D)
251 2 1 Reuse Transfer Pumps 30hp Vert/460V Emerson 14ENL-5 FlowServe 1785 gpm VFD(Square 0)
1261 1 1 Reuse HS Jockey Pump 120hp Sub-460w3 Franklin 6CLC-6 stage I Goulds 200 gpm Direct
57 Exhibit "A"
Sub Assembly wa:ghts CERTIFIED DRAtiVING^FOR APPROVAL
Ali.OtMEN540N5 Disehwgs Hecx1 1412 lb:. �+�..
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Column Assy 1662 lbs. OF APPROVAL DRAYANC AT THE FLOWSERVE
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800.695.2919 1 512.467.aM f fax.800.211.5461
buyboard.cam
May 11,2016
Sent Via E-mail:jeanr@smithpump.com
Jean Radtke
Smith Pump Co.,Inc.
301 M&B Industrial
Waco,TX 76712
Re:Notice of The Local Government Purchasing Cooperative Award
Proposal Name and Number:Water and Wastewater Pumps and Motors, No.509-16
Congratulations,The Local Government Purchasing Cooperative(Cooperative) has awarded your company a BuyBoard®
contract based on the above-referenced Proposal. The contract Is effective 7/1/2016 through 6/30/2017, with two
possible one-year renewals. The contract documents are those Identified In Section 3 of the General Terms and
Conditions of the specificatlons.
To view the Items your company has been awarded, please review the proposal tabulation No. 509-16 on the following
web-site: www.buyboard-com/vendor. Only items marked as awarded to your company can be sold through the
BuyBoard contract. In addition,on this website you will find the membership list which will provide you with the names of
all entities with membership In our purchasing cooperative.
Enclosed with this letter you will find the following documents:
■ Vendor Quick Reference Sheet
• Electronic Catalog Format Instructions
■ Vendor Billing Procedures
You are advised that receipt of a purchase order directly from a Cooperative member is not within the
guidelines of the Cooperative.Accepting purchase orders directly from Cooperative members may result in a violation
of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all
purchase orders must be processed through the BuyBoard in order to comply. Please forward by fax(1-800-
211-5454) any order received directly from a Cooperative member. If you inadvertently process a purchase order sent
directly to you by a Cooperative member, please fax the order to the above number and note it as RECORD ONLY to
prevent duplication.
Per proposal specifications,awarded vendors will have 30 days or sooner to submit their electronic catalog
including pricing. If the electronic data is not provided within 30 days or sooner of notice of award, we
reserve the right to inactivate any company's award information from the BuyBoard until such time the
electronic data is received.
On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking
forward to your participation in the program.. If you have any questions,please contact BuyBoard prsgreaegt Staff
at 800-695-2919.
Sincerely,
Arturo Salinas
BuyBoard Procurement Director
�z is
Exhibit "B"
CooPerative Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800-695.2919•FAX:800-211-5454'www.buyboard.com
PRpPogER'S AGLUEM,E,NT AND SIGNATURE
pX9po NgMg:Water and Wastewater Pumps PLVgg$a_t CIR20111q Date and Time:
and Motors February 16,2016 at 2:00 PM
Lo tion of Prw2 ml Qpgning:
Texas Association of School Boards,Inc.
BuyBoard Department
pronosal_Number: 509-16 12007 Research Blvd.
Austin,TX 78759
Anticiogkgd.rAgRQi ative BQarg Mie Wriat Date:
r&ntmGtlime Period:July 1,7016 through June May 2016
30,2017 with two(2)possible one-year renewals.
Smith Pump Company Inc. 2/16/16
Name of Proposing Company Date
301 M&B Industrial ZI�4v
Street Address Sign ure of Authorized Company Offldai
L,
Waco,Texas 76712 jean Radtke
City,State,Zip Prinbed Name of Authorized Company official
512-310-1480 Vice President
Telephone Number of Authorized Company Official Position or Tide of Authorized Company Official
512 310 1417 1-74-1460081
Fax Number of Authorized Company Official Federal ID Number
The proposing company("you"or"your') hereby acknowledges and agrees as follows:
1. You have carefully examined and understand all Cooperative information and documentation associated with
this Proposal Invitation, including the Instructions, General Terms and Conditions,Attachments/Forms, Item
Specifications, and Line Items(collectively"Requirements');
2, By your response C'Proposal') to this Proposal Invitation, you propose to supply the products or services
submitted at the prices quoted In your Proposal and In strict compliance with the Requirements, unless
specific deviations or exceptions are noted In the Proposal;
3. Any and all deviations and exceptions to the Requirements have been noted In your Proposal and no others
will be claimed;
FORM A-PAGE 1 commN.11118.15
', Exhibit "B"
a-Utroard i
Cooperative Purchasing
3.;
12007 Research Boulevard•Austln,Texas 78759.2439 -y
PH:800-695-2919 8 FAX:800-213-5454 o www.buyboard.com
4. If the Cooperative accepts any part of your Proposal and awards you a contract,you will furnish all awarded
products or services at the prices quoted and in strict compliance with the Requirements (unless specific
exceptions are noted in the Proposal), Including without limitation the Requirements related to:
a. conducting business with Cooperative members, Including offering pricing to members that is the
best you offer compared to similar customers;
b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation;
c. the possible award of a piggy-back contract by another governmental entIty, in which event you will
offer the awarded goods and services In accordance with the Requirements; and
d. submItUng price sheets or catalogs In the proper format for posting on the BuyBoard as a
prerequisite to activation of your contract;
S. You have clearly identified any information In your Proposal that you believe to be confidential or proprietary
or that you do not consider to be public information subject to public disclosure under a Texas Public
Information Act request or similar public Information law;
6. The individual signing this Agreement Is duly authorized to enter into the contractual relationship
represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such
individual (and any Individual signing a Form) is authorized and has the requisite knowledge to provide the
Information and make the representations and certifications required in the Requirements;
7. You have carefully reviewed your Proposal, and certify that all information provided Is true, complete and
accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such
Information;and
8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may
disqualify you from consideration for a contract award under this Proposal Invitation or result In termination
of an award or any other remedy or action provided for In the General Terms and Conditions or by law.
f 3,
j
FORM A—PAGE 2 Exhibit "B"�� COMMN.11.18.1s
DWBoard"
Cooperative Purchasing
cln'601 12007 Research Boulevard a Austin,Texas 78754-2439
PH:800-695-2919'FAX:800.211-5454'www.buyboard.com
VENDOR P RCHASE ORDER REQUEE FOR QILOTESr AND INVOICE RECEIPT OPTIONS
i
Company: Smith Pump Company General Contact Name: jean Radtke
purchase Orders: Purchase orders from Cooperative members will be available through the Intemet or by facsimile.
0pILOA: Internet. Vendors need Internet access and at least one e-mail address so that notification of new
orders can be sent to the Intemet contact when a new purchase order arrives. An Information guide will be
provided to vendors that choose this option to assist them with retrieving their orders.
QpUon 2:Fax. Vendors need a designated fax line available at all times to receive purchase orders.
Please choose gnly one Cl) of the following options for receipt of purchase orders and provide the
requested linfonnatlon:
] I will use the INTERNET to receive purchase orders.
E-mail Address: jeanr@smithpump.com
Intemet Contact: jean Radtke phone; 512 970 5958
Altemate E-mail Address: miket@smithpump.com
Altemate Intemet Contact:,�yi..i, aora sQ on Phone: 210-488 1864
E] I will receive purchase orders via fM.
Fax Number;
Fax Contact: Phone:
RMPpst for Quotes CIRF!2 l: Cooperative members will send RFQs to you by a-mail. Please provide e-mail addresses
for the receipt of RFQs:
E-mail Address: jeanr@smithpump.com
Altemate E-mail Address: miket@smithpump.com
Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal
Invitation. All Invoices are available an the BuyBoard website and e-mail notifications will be sent when
they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of
service fee Invoices and related communications:
Mailing address: 301 M&B Industrial Department: Accounting
City: Waco State: Tx Zip Code: 76712
Contact Name: Cody Stone Phone: 254-776-0377
r Fax: 254-776-0023 E-mail Address:_ codysGasmithoump.com
Alternative E-mail Address: chrjsg@sWitkujjVAm,,
FORM a COMMN111.18.15
1
aii7soards
Cooperative Purchasing tri
12007 Research Boulevard°Austin,Texas 78759-2439
PH:800-695-2919•FAX:800-211-5454°www,buyboard.com
FELONY CONVICTION DISCLOSUREAmp DEPARMENTCFRTIFIC�ATIUN
FELONY CQN jgCTIf.3N DISCLOSURE j
Subsection (a) of Sectlon 44.034 of the Texas Education Code (Notification of Criminal History of
Contractor)states:"A person or business entity that enters Into a contract with a school district must give
advance notice to the district If the person or an owner or operator has been convicted of a felony. The
notice must Include a general description of the conduct resulting in the conviction of a felony." j
Section 44.034 further states In Subsection(b): "A school district may terminate a contract with a person
or business entity If the district determines that the person or business entity failed to give notice as
required by Subsection (a)or misrepresented the conduct resulting in the conviction. The district must
compensate the person or business entity for services performed before the termination of the contract."
ft-m ch@dc(A ane of the following:
Q My company is a publidy-held corporation.(AMM none requirement does cot ap*m pubftty ew WgMrado".)
® My company is not owned or operated by anyone who has been convicted of a felony.
[] My company Is owned/operated by the following indlvldual(s)who has/have been convicted o a
felony:
Name of Felon(s):
Details of Conviction(s):
By signature below,I certify that the above information is true,complete and accurate and that I am
authorized by my company to make this certification,
Smith Pump Com an ,Inc.
Company Name
Jean Radtke
Signa a of AuttigAzed Company al Printed Name
DEBARMENT CERTIFICATION
Neither my company nor an owner or pftc1pal of my company has been debarred, suspended or
otherwise made Ineligible for participation In Federal Assistance programs under Executive Order 12549,
"Debarment and Suspension,"as described In the Federal Register and Rules and Regulations.
By signature below, I certify that the above Is true, complete and accurate and that I am authorized by
my company to make this certification.
Smith Pump Company,Inc.
Company Name
Jean Radtke
Signa re Aut razed Company Official Printed Name �Tq
r�
FORM C Exhibit "B"
! COMM.V.11.18.15
1 e
!78
oar
�,. cooperative Purchasing
12007 Research Boulevard°Austin,Texas 78759-2439
PH:800-69S-2919•FAX.800-211-5454•www.buyboani.mm
RESIDENT/,NQ,N�RES,IQENIT CERTIFIC&TIO_N_
Chapter 2252, Subchapter A, of the Texas Govemment Code establishes certain requirements applicable
to proposers who are not Texas residents. Under the statute, a"resident?'proposer Is a person whose
principal place of business Is In Texas, Including a person whose ultimate parent company or majority
owner has Its principal place of business In Texas. A"nonresident"proposer Is a person who Is not a
Texas resident. Please indicate the status of your company as a"resident"proposer or a "nonresident"
proposer under these definitions.Plgase r Teck tJ4 one of the following.
I certify that my company Is a Resident Proposer.
❑ I certify that my company is a Nonresident Proposer.
If your company Is a Nonresident Proposer,you must provide the following Information for your resident
state(the state In which your company`s principal place of business Is located);
Company Name Address
City state Zip Code
A. Does your resident state require a proposer whose principal place of business Is in Texas to
under-price proposers whose resident state Is the same as yours by a prescribed amount or
percentage to receive a
comparable contract?
t] Yes
S. What Is the prescribed amount or percentage? $ or a/Q
VENDOR EMPLOYMENT CERTrFIC_ATION
Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must
consider when determining to whom to award a contract. Among the criteria for certain contracts Is
whether the vendor or the vendor's ultimate parent or majority owner (I) has Its principal place of
business In Texas;or(ii)employs at least 500 people In Texas.
If neither your company nor the ultimate parent company or majority owner has Its principal place of
business In Texas, does your company, ultimate parent company,or majority owner employ at least 500
people In Texas? Please check t' olze of tfie fofbwinp
❑ Yes ® No
0y signature below, I certify that the Information In Sections 1 (Reslden4lNonres/dent CerdAcaGbn)and 2
(Uendor Employment CertflfcaiYon)above Is true,complete and accurate and that I am authorized by my
company to make this certificadon,
Smith Pump Company,Inc.
Company Name
r- Jean Radtke
Signare of Au odized mpany C?fflual Printed Name
FO MD Exhibit "B'•
COMMN111.18,15
RID78
Dar ;
Cooperative Purchasing
12007 Research Boulevard 4 Austin,Texas 78759-2439
PH:800-695-2919,,FAX:800-211-5454•www.buyboard.com
HISTORICALLY UNDERUTILIZED BUSINESS CERTIPICATIQU I
A proposer that has been certified as a Historically Underutilized Business (also known as a
Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB") is
encouraged to Indicate its HUB certification status when responding to this Proposal Invitation. "fie
electronic catalogs will Indicate HUB certifications for vendors that properly indicate and document their
HUB certification on this form,
Please dneck(A all that anoly ,
[] I certify that my company has been certified as a HUB In the following categories:
Minority Owned Business
[] women Owned Business
❑ Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C.
§101(2),who has a service-connected disability as defined by U.S.C.§
101(16),and who has a disability rating of 200/o or more as determined by the
U.S.Department of Veterans Affairs or Department of Defense)
Certification Number:
Name of Certifying Agency:
f 11 My company has NOT been certified as a HUB.
By signature below, l certify that the above Is true,complete and accurate and that I am authorized by
my company to make this certification.
Smith Pump Company,Inc.
Company N e
A-
SignaturKof Authorl Co any Offldai
Jean Radtke
Printed Name
FORM E Exhibit "B"B" COMM.V.11.18.15
err PVC00pirrative
Furchaslrrg
12007 Research Boulevard°Austin,Texas 78759-2439
PH:800-695-2919•FAX:800-211-5454°www,buyboard.com
FFIRMATIQt1l REGARDING+CQN CTION-RELATED DS AILES RVICES
A contract awarded under this Proposal Invitation Covers only the specltIc goods and services awarded by
the BuyBoard.As explained in the BuyBoard Gons#n,ction Related Goods and Services Advisory for Texas
Members CAdvisor", Texas taw prohibits the procurement of architecture or engineering
services through a purchasing cooperative. This BuyBoard contract does not include such
services. Architecture or engineering services must be procured by a coopemtive member
separately, in accordance with the Professional Services Procurement Act(Chapter 2254 of
the Texas Government Code)and other applicable law and local policy.
The Advisory, attached to this Form F, provides an overview of certain legal requirements that are
potentially relevant to a Cooperative member's procurement of construction or aonstrvction-related goods
and services, Including those for projects that may Involve or require architecture, engineering or
Independent testing services.
By signature below, the undersigned affirms that Proposer has read and understands the Advisory
attached to this Form F and is authorized by Proposer to make this affkmatlon. If Proposer sells
aonstructlon-related goods or services to a Cooperative member under a Buy8oard contract awarded
under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements,
make a good faith effort to make Its Cooperadve member customers or potential +Cooperative member
customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory
before executing a Member Construction Contract witch the member or accepting the member'surcha
order for construction-related goods or services,whichever comes first, p
Smith Pump Company,Inc,
Company Name
Signa a of Autho ed Company rJffldai - Jean Radtke
Printed Name
2/16/16
Date
FORM F-RAGE 1 .Exhibit 11136
COMM.V.11.18,15
ausoards
kj___V Caapeffluve Pardis Jng
12007 Research Boulevard•Austin,Texas 78759.2439
PH:800-595-2919•FAX:800-211-5454•www.buyboard.com
BUYSOARD!PROCUREMENT AND CONSTRUCTION-RELATED GOODS AND SERVICES
ADVISORY FOR TEXAS MEMBERS
Why make purchases using BuyBoard? Purchasing through a cooperative or"interlocal contract"
satlsfles the requirement of local govemments to seek competitive procurement for the purchase of
goods or services.r Therefore, you may purchase goods and services from a vendor through BuyBoard
without having to conduct your own competitive procurement. If, however, you are procuring
construction-related services through a BuyBoard Job Order Contract(]CC)or contract for the Installation
of equipment or materials (e.g., athletic fields and surfaces, kitchen equlpment; HVAC, playground
equipment,or modular buildings),you may,as explained in this Advisory,need to procure certain aspects
of these services using a separate procurement process outside of the BuyBoard and should consult your
procurement officer and/or legal advisor for specific advice.
What Is BuyBoard's Procurement Process? The BuyBoard uses a competitive procurement process
to award contrails to vendors for goods and servic7es that the, BuyBoard determines, based on an
evaluation of multiple criteria,represents the best value for Its members.
Now does BuyBoard award a contact to a vendor? As a condition of being awarded a BuyBoard
contract,a vendor Is bound by and must agree to comply with all the terms of the BuyBoard's proposal
Invitation (or specifications), the vendor's proposal response, and any additional contract terms
negotiated with the BuyBoard member. Among other things, the vendor must honor the pricing
submitted In the vendor's proposal, THE PRICE YOU PAY FOR THE GOODS AND SERVICES COVERED BY
THE BUYBOARD CONTRACT MAY BE LESS THAN THE AWARDED PRICING, BUT CANNOT BE MORE.
Additionally,the vendor must comply with the BuyBoard contract's general terns and conditions,and any '
additional terms and conditions that apply to the specific BuyBoard contract, as set out In the proposal
Invitation.
How does a BuyBoard member make purchases through the BuyBoard contract? You utilize
the awarded BuyBoard contract by Issuing a signed purchase order through the BuyBoard online
application to procure the selected goods or services. Although BuyBoard must receive a copy of the
signed purchase order, BuyBoard does not review or approve the purchase order or other supplemental
agreement that you obtain — this Is a matter between you and the vendor. If construction-related
services are procured through the BuyBoard, addltlonal contracts with professionals and the contractor
may be required, depending on the nature and scope of the services. As stated above, you should
consult your procurement officer and/or legal advisor for specific advice.
Now do I know that my entity has made a purchase through the BuyBoard?
BuyBoard must have a copy of the purchase order in order for the purchase to be considered a BuyBoard
procurement. To ensure that your entity has satisfied state law requirements for competitive
procurement, make sure that the BuyBoard has your purchase order. Do not rely on the vendor to
submit the purchase order on your behalf; It Is your responsibility to make sure that the BuyBoard has
the signed purchase order.You may log In to ww_w.bu_&ard.aorn using your member I.D.and password
to view the Purchase Order Status Report to confirm that the purchase order Is In the BuyBoard system.
What should BuyBoard members consider when using BuyBoard for construction-related
purchases? While purchasing goods and services through BuyBoard satisfies your legal requirement to
competitively procure a good or service, as a general matter you must keep In mind other legal
requirements that may relate to the purchase, especially when using BuyBoard for construction-related
procurement
When making construction-related purchases through a BuyBoard contract, BuyBoard members must
consider the following: Exhibit 118311
FORM F-PAGE 2 COMM.V.11.18.15
Cooperstivs Purchasing
12007 Research Boulevard.Austin,Texas 78759-2439
PH:600-695-2919°FAX:800-211-5454•www.buyboard.com
Best value determination. In compliance with Texas law and any local policy, your entity
must first determine that purchasing through an Interlocal contract or purchasing cooperadve Is
the procurement method that will provide best value.' This Is done by the goveming body(e.g.,
board of trustees, council, commissioners`court, etc.) or may be delegated by the goveming
body to an individual or committee,with written nodee.
v Products or services not covered by the BuyBoard contract, The BuySoard contract
covers only the specific goads and services awarded by the BuyBoard. If you want to purchase
from a BuyBoard vendor goods or services from a BuyBoard vendor that are not covered by the
vendor's BuyBoard contract, such as architectural, design, or engineering services, you must
procure them separately in accordance with state law and local policy.
P Architectural or Engineering and Independent Testing services. If your procurement
Includes a construction component that requires archltedvral or engineering services, you must
procure those services separately.YOU MAY NOT PROCURE ARCHITECTURAL OR ENGINEERING
SERVICES THROUGH A BUYBOARD CONTRACT.Texas law requires architectural and engineering
services to be obtained in accordance with the Professional Services Procurement Act(Chapter
2254 of the Texas Government Code) and prohibits them from being procured through a
purchasing cooperative."
o Architecture. A new building owned by a political subdivision having construction costs
exceeding $100,000 or an alteration or addition to an existing building having construction
costs exceeding $50,000 must have architectural plans and spedficadons prepared by an
architect." (An "alteration" or "addition" for purposes of this requirement requires the
removal,relocation,or addition of a wall or partltlon or the alteration or addition of an e)dt,)
o Engineering. If the goods or services procured through the BuyBoard will Involve
engineering in which the public health,welfare,or safety is Involved, the plans for structural,
mechanical, electrical, electronic, fire suppression, geotechnical systems, foundation design,
surface water drainage, plumbing and certain roof modifications and associated estimates
must be prepared by an engineer, and the engineering construction must be performed
under the direct supervision of an engineer." The Engineering Practice Act provides two
exceptions to this rule — no engineer is required If (1) the project Involves mechanical or
electrical engineering and will cost $8,000 or less, or (2) the project does not require
mechanical or electrical engineering and will cost$20,000 or less."
o Independent Testing. if acceptance of a facility by a public entity Involves
Independent testing of construction materials engineering and/or verification tesdng services,
the testing services should be procured under the Professional Services Procurement Act,and
may not be procured under a BuyBoard contract.
o Written Certification. Effective 09/01/2013, a local governmental entity purchasing
construction-related goods and services through a cooperative in an amount that exceeds
$50,000 must designate a person to certify in writing that the project does not require the
preparation of plans or specificabons by an architect or engineer OR that an architect or
engineer has prepared the plans or specificatlons,1
C.-V
FORM F-PAGE 3 Exhibit r 1 B T 1
CONiM.V.11.18.15
N
778oard
Cooperative purchasing
12007 Research Boulevard#Austin,Texas 78759-2439
PH:840-695.2919'FAX:8OD-211-5454•www.buyboard.com
Bonds. You must also consider whether the vendor Is required to provide a payment or
performance bond. A payment bond Is required for contracts that exceed $25,000 to protect
subcontractors who supply labor or materials for the project A performance bond Is required for
a contract that exceeds $100,000, to protect the local government if a contractor falls to
complete the project." Without payment and performance bonds, If the contractor fails to pay
Its subcontractors or to complete the project,the public entity that entered the contract can be
held responsible for payment claims or costs to complete.
> Construction Contract. Even though the procurement of construction or construction-related
services may be through the BuyBoard,your construction contract Is between your entity and the
contractor. The BuyBoard contracts general terns and conditions, standing atone, are not
sufficient to document your entity's spedfic transaction. THEREFORE, YOU SHOULD USE AN
APPROPRIATE FORM OF CONSTRUCTION CONTRACT JUST AS YOU WOULD DO IF YOU
PROCURED CONSTRUCTION SERVICES INDEPENDENTLY, USING COMPETITIVE SEALED
PROPOSALS.The contract must contain provisions required by state law Including: performance
and payment bonds, requirements for payment of prevailing wages to all construction workers,
workers'compensation coverage for all workers and, on projects where contractor employees
may have direct contact with students, criminal history record checks. Other provisions which
should be considered in the construction contract are retainage,contingency, liquidated damages
and dispute resolution, among others. By supplementing the BuyBoard contract with an
appropriate form of construction contract, you ensure that your entity's unique Interests are
addressed and that your entity can enforce the contract directly.
> Legal advice. Because of the variety of laws that relate to construction-related purchasing and
the potential risk, of high exposure, you are well-advised to consult with your entity's legal
counsel before procuring construction-related goods and services under any procurement
method,including a purchasing cooperative.
This Advisory Is provided for educational purposes only to facilitate a general understanding
of the law.This Advisory is neither an exhaustive treatment on the subject nor Is it intended
to substitute for the advice of an attorney.
For more Information about BuyBoard,contact us at 800-695-2919.
1. Tex.Gov't Code§791.025 and Tex.Logi Gov't Code§271.102.
It. Tex.Ed.Code§44.031(a)(school districts);Teat.local Gov't Code§252.043(a)(munlclpallbes)and§262.022(5-a)and
§262.027(counties)
iii, Tex.Gov't Code§2254.004 and§791.011(h)
Iv. Tex.Occ.Code§1051.703
V. Tex.Occ.Code§1001.0031(c)
A. Tex.Occ,Code§1001.453
A, Teak.Gov't Code§791.011(j),effective September 1,2013
viii. Tex.Gov't Code§2253.021(a)
b sued March 31,2014
F01M F-PAGE 4 Exhibit
"B"
B/1 COMM.V.11.18.15
auBoard
~�:'' Caoparotive Pu�chaslnC
r
12007 Research Boulevard•Austin,Texas 78759-2439
PN:800-695-2919•FAX:800-211-5454°www.buyboard.com
DEVIATION AND COMPLIANCE ',SIGNATURE FORM
If your company intends to deviate from the General Terms and Conditions,Item Specifications or other
requirements associated with this Proposal Invitation,you must list all such deviations on this form, and
provide complete and detailed lnformatlon regarding the deviations on this form, an attachment to this
form, or elsewhere in your Proposal. (If you do not provide the information on or as an attachment to
this form,the information must be clearly identified In your Proposal.)The Cooperative will consider any
deviations in Its contract award decision,and reserves the right to accept or reject a proposal based upon
any submitted deviation.
In the absence of any deviation Identified and described in accordance with the above, your company
must fully comply with the Genera!Terms and Conditions,Item Specifications and all other requirements
associated with this Proposal Invitation If awarded a contract under this Proposals Invitation.
(� NO;Deviations
❑ YOS; Deviations
Ust and fully explain any deviations you are submitting:
PLEASE PRWPE THE FALMNG.I F—ORMATYON:
1.Shipping Via: ❑Common Caller ❑Company Truck ❑Prepaid and Add to Invoice ❑Other:
All of the above may be used.
2. Payment Terms:® Net 30 days ❑l%in 10/Net 30 days ❑Other;
3. Number of Days for Deliveryas quoted ARO
4. Vendor Reference/Quote Number: 509-16
5, State your return policy:
Returns are evaluated on a case by case basis.
6.Are electronic payments acceptable? ®Yes ❑No
7.Are credit card payments acceptable?ElYes ❑No
Smith Puma Company,INC.
Company e
�r �rRadtke
Sfgnat a of Autiforized Company OffldlD i ibit Pri3 Name
FORM COMM.V.11.18.15
azi780ards
V V Cooperative Purchasing
12007 Research Boulevard°Austin,Texas 78759-2439
PH:800-695-2919 4 FAX.,800-211-5454 v www.buyboard.com
DEALERSRIP,LIVINGS
If you have more than one location that will service a contract awarded under this Proposal Invitation,
please list each location below. If additional sheets are required,please duplicate this form as necessary.
Smith Pump Company,Inc.
Company Name
3350Q C amsoutth Drive,Building A.Suite 500
Address
Ausitn Texas 78744
Qty State Zip
512-310-1480 512-314-1417
Phone Number Fax Number
Jean Radtke
Contact Person
OP
Smith Pump Company,Inc
Company Name
4624 Martinlaith rKing Freeway
Address
Fort Worth Texas 76119
Gty State Zip
.-.817-5B9-2060 12-595-4900
Phone Number Fax Number
James Schumacher
Contact Person
FORM H COMM.V.11.18,15
Exhibit "B"
RM78aard
Ceoperativa Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800.695-2919•FAX:800-211-5454 1 www.buyboard.com
DEALERSHIPr11 1STINGS
i
II�I�.il� .-�. ... �.-I
If you have more than one location that will service a contract awarded under this Proposal Invitation,
please list each location below. IF additlonai sheen are required,please duplicate this form as necessary.
a
Smith Pump Company
Company Name
5750 North Sam Houston Parkway,East#1103
Address
Houston Texas 77032
aty state Zip
713-997-8647 281-372-0014
Phone Number Fax Number
Stephen Cambiano
Contact Person
Company Name
Address
city State zip
Phone Number Fax Number
Contact Person
FORM H COMMM111.18.15
Exhibit "B"1
PUYU0ard
Couparative Purchasing =
12007 Research Boulevard•Austin,Texas 78759-2439
PH;800-695-2919•FAX:800-211-5454•www,buyboard.com 1
TEXAS REGIONAL SERVICE DESIGNATION
Unless you designate otherwise on this form, you agree to service members of
The Local Government Purchasing Cooperative statewide!
The Cooperative (referred to as "Texas Cooperative"In this form and in the State 5ervlce Des/gnation form)offers
vendors the opportunity to service its members throughout the entre State of Texas. If you do not plan to service
all Texas Cooperative members statewide, you Mpg Indicate the specific regions you will service on this form.
Additionally, If you do not plan to service Texas Cooperative members (i e., if you will serv/ce only states other
than Texas),you must so indicate on this form.
Regional Education Service Centers I will service Texas
Cooperative members
statewide.
❑ I will not service Texas
Cooperative members
_ statewide. I will only
�!•.. T -.(�. ' 4, service members in the
regions checked below:
Region Headguarters
❑ 1 Edinburg
�( � NC3 2 Corpus Christi
_ .�_ ' � ❑ 3 Victoria
.... �- .. ;.; �;(�•„`�<-- -'�l?!� ❑ Houston
5
Beaumont
, -� ���':' , ❑ 6 Huntsville
C3 7 Kilgore
• Cl 8 Mount Pleasant
� 0 c�:'3���: ❑ 9 Wichita Fails
i + ;^�`: ❑ 10 Richardson
` �1� (.� _ _4 ,;f ❑ 11 Fort Worth
`,. , 2:�' ❑ 12 Waco
=-r:' ❑ 13 Austin
ii t"" ��. ❑ 14 Abilene
- r '=-_•- ❑ 15 San Angelo
~"�'`!' �'' ❑ 16 Amarillo
L
Smith Pu Ip Company,Inc. ❑ 17 Lubbock
Company me ❑ 18 Midland
❑ 19 EI Paso
❑ 20 San Antonia
Sfgna re of Authg6zed Company Official
)e•n Radtke
❑ I will not service members
Printed Name of the Texas Cooperative,
FORM I Exhibit 1 r B" COMNIN.11.18.15
RtE(78ipardo
Cooperative Purchasing
12007 Research Boulevard°Austin,Texas 78759-2439
PH:800-695-2919,,FAX:800-211-5454•www.buyboard.torn
STATE DESIGNATION
The Cooperative offers vendors the opportunity to service other governmental entities In the United States,
inducting Intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You
must complete this form if you plan to service the entire United States, or will service only the specific states
Indicated. (Note., It'you plan to service Texas Cooperative members, be .sure that you complete bhe Texas
Reglonal Servide Deslgnadon form.)
0 I will service all states In the United States.
Q I will not service all states In the United States. I will service only the states checked below:
❑ Alabama
❑ Alaska ❑Nebraska
❑ Arizona Q Nevada
�] Arkansas ❑New Hampshire
❑ California(Public Contract Code 20118&20652) ❑New Jersey
❑ Colorado ❑New Mexico
❑ Connecticut ❑New York
❑ Delaware ❑North Carolina
❑ District of Columbia ❑North Dakota
❑ Florida ❑Ohio
G. ❑ Georgia 91 Oklahoma
❑ Hawaii ❑Oregon '
❑ Idaho ❑Pennsylvania
❑ Illinois ❑Rhode Island
❑ Indiana ❑South Carolina
❑ Iowa ❑South Dakota
❑ Kansas ❑Tennessee
❑ Kentucky ®Texas
❑ Louisiana ❑Utah
❑ Maine ❑Vermont
❑ Maryland ❑Virginia
❑ Massachusetts ❑Washington
❑ Michigan ❑West Virginia
❑ Minnesota ❑Wisconsin
❑ Mlssissippl ❑Wyoming
❑ Missouri
❑ Montana
This form will be used to ensure that you can service other governmental entities throughout the United States as
Indicated. Your signature below confirms that you understand your service commitments during the term of a
contract awarded under this proposal.
Smith PumR Company,Inc.
Company Name
jean Radtke
Signatt a of Authatyed Company Otfldal Printed Name
FORM J � � Ct3MM.V.11.18.15
Exhibit z t�,r it
auDoarda
C00,PMativa Purchasing 0
12007 Research Boulevard•Austin,Texas 78759-2439
PH:640-595-2919•FAX:800-211-5454,www.buyboard.com
NA.LONAL PURCHASx GPERATI'►i VENPQR A ARD,tGREEM
In accordance with the Terms and Conditions associated with this Proposal Invitation,a contract awarded
under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National
Purchasing Cooperative Is an Intergovernmental purchasing cooperative formed by certain school districts
outside of Texas to serve its members throughout the United States. If you agree to be considered for a
piggy-back award by the National Purchasing Cooperative,you agree to the following terms and agree to
serve National Purchasing Cooperative members In the states you have Indicated on the State Service
Designation form,In your Proposal.
By signing this form,Proposer(referred to in this Agreement as"Vendor")agrees as follows:
2. Vendor acknowledges that If The Local Government Purchasing Cooperative ("Texas Cooperative')
awards Vendor a contract under this Proposal Invitation CUnderlying Award`, the National Purchasing
Cooperative ("National Cooperative')may-but is not required to-"piggy-back"on or re-award all or a
portion of that Underlying Award ("Piggy-Back Award'). By signing this Natiorlal Cooperative Vendor
Award Agreement("Agreement"),Vendor accepts and agrees to be bound by any such Piggy-Back Award
as provided for herein.
2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative
Administrator ("BuyBoard Administrator") will notify Vendor in writing of such Piggy-Sack Award, which
award shall commence on the effective date stated in the Notice and end on the expiration date of the
Underlying Award, subject to annual renewals as authorized In writing by the BuyBoard Adminlstratur.
Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back
Award and this Agreement to be binding upon Vendor. Vendor further agrees that no intedineatlons or
changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are
agreed to by Its BuyBoard Administrator In writing.
3. Vendor agrees that It shall offer its goods and services to National Cooperative members at the same
unit pricing and same general terms and conditions, subject to applicable state laws in the state of
purchase, as required by the Underlying Award. However, nothing In this Agreement prevents Vendor
from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable
terms and conditions than those in the Underlying Award.
4t Vendor hereby agrees and conflrms that it will serve those states It has designated on the State
Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State
Service Designation Form must be approved In writing by the BuyBoard Administrator,
S. Vendor agrees to pay National Cooperative the service fee provided for In the Underlying Award based
on the amount of purchases generated from National Cooperative members through the Piggy-Back
Award. Vendor shall remit payment to National Cooperative on such schedule as It specifies(which shall
not be more often than monthly). Further,upon request,Vendor shall provide National Cooperative with
copies of all purchase orders generated from National Cooperative members for purposes of reviewing
and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right,
upon reasonable written notice, to review Vendor's records pertaining to purchases made by National
Cooperative members in order to verify the accuracy of service fees.
r.
FORM K--PAGE I C{]MM.V.11.18.15
Exhibit "B"
PFCappvrative
Pardocr-51)" Purchasing
12007 Research Boulevard a Austin,Texas 76759-2439
PH:800-695-2919°FAX:800-211-5454°www.buyboard.00m
6. Vendor agrees that the Underlying Award,Including Its General Terns and Conditions,are adopted by
reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award
phase. The rights and responsibilities that would ordinarily Inure to the Texas Cooperative pursuant to
the Underlying Award shall Inure to National Cooperative; and,conversely, the rights and responsibliities
that would ordinarily inure tb Vendor In the Underlying Award shall Inure to Vendor in this Agreement.
Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this
Agreement,and that nothing In this Agreement has application to other third parties, Including the Testas
Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award,
the terms of this Agreement shall control,and then only to the extent necessary to reconcile the conflict.
7, This Agreement shall be governed and construed In accordance with the laws of the State of Rhode
Island and venue for any dispute shall lie In the federal district court of Alexandria,Virginia.
8. Vendor acknowledges and agrees that the award of a Piggy-Back Award Is within the sole discretion of
National Cooperative,and that this Agreement does not take effect unless and until National Cooperative
awards Vendor a Piggy-Back Award and the BuyBoard Administrator notifies Vendor In writing of such
Piggy-Back Award as provided for herein.
WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that It has the authority to
enter Into this Agreement.
t Smith Pump Company,Inc. 509-16
Name of Ve dor Proposal Invitation Number
Jean Radtke
Sign re of Auth razed Company Official Printed Name of Authorized Company Offidal
2/16116
Date
FORM K-PAGE 2 COMM.V.11.16.15
Exhibit "B"
•
Cnoperative PurchAsln�g ^
12007 Research Boulevard-Austin,Texas 78759-2439
PH:800-695-2919-FAX:900-211-5454-www.buyboard.com
�EbERAL�p �►� R
PERA7'IVE D i)Mi'C�7►MP
The Cooperative strives to provide Its members with the
Cooperative determines whether prices/dtscaunts are €a(r and reasonable b
best services and pmduc#s at the best prlaes available. The
your Proposal with prices/discounts you Offer federal and state entitles and otter In
ted
(coiiectively referred to as"Purchasingcoo Y comparing prices/dfs�ounts stated in
cooperative,,in this form). please res and to dte ollowln�a�ng operatives
. Provide tate dollar value of sales to or through purchas! A 9 questions.
market price duringthe n9 opera riod isyear:
at or based on an established catalog or
the 12 month previous 12-month period or the last fiscal year; $
measure� f of the sales,PMvIdee an �
" ----------�. In eVent that a dollar value Is not an appropriate
d describe your own measure of the sales of the Item(s).
2. Based on your written dlscauntin
the best Price you offer other Purchasing cooperatives acquiring licies are the Unts u offer the Cooperative equal to or better than
and conditions? the same items regardless of quantity or terms
YES[] NOE]
3. Based on your written dJsoounhln
g Policies, provide the Information requested below for other purchasin
. Rows should be a
many purchasing 000peratives as required, added to accommodate as
cooperadves, either In the chart below or In an equivalent format
PURCHASING GROUP
1. FedeDISCOUNT(®!a)
ral General Services Adm. QUA NTl'TY/VOLUME FOB TERM
2.T PASS
3. U.S.Communities Purchasing Alilance
4.The Cooperative Purchasing Network
5. Haustfan-Galveston Area Council
G.Other
Q MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE
ABOVE OR SIMILAR TYPE CONTRACTS.
URRE so RD S
If you are a current BuyBoard vendor, indicate the discount for your cu
discount in this proposal. Explain any difference between your current and ent
poseBuyd disc contract and the propos
Current Discount o varies nd prop°,�discounts.
{/o)• Propacet!Oisaount varies
��ia�anatron: �
BY signature below,I certify that the above is true,complete and accurate to make this certification, rate and that I am authorized
by MY company
Smith Pump Company,Inc,
��� Company Name
Signa re of Authorized Company Official
lean Radtke
FOR Printed Name
Exhib�']. �T �t 1'r
it 1J COMPIN.11.18.15
�1r
%�;A'rCoopmothre Purchasing
12007 Research Boulevard°Austin,Texas 78759-2439
PH:600-695-2919•FAX:800-211-5454 a www.buyboard.com
GOVERNMENTAL RE, FERENCES ALi PRI�C.E DISCOUNT INFORMATICJN
For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity
references. Provide the information requested below, including the existing price/discounts you offer each customer,
The Cooperative determines whether prices/discounts are fair and reasonable by comparing prices/discounts stated
In your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if
necessary.
Quantity/
Entity Hanle Cgritact phone# Wsmurnt
1.
2. City of Fort Worth Tim Cain 817 392 4906 570/$105 3100,000.00 destination
3. City of Corpus Christ David Kukoda 361 826 1880 $76/114 $100,000.00 destination
Cityo f Port Worth-Water Jane Rogers 817 392 8395 $72/108 $100,000.00 destination
4.
5.
Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to
give better discounts(lower prices)than Indicated? YES® NO❑ If YES, please explain:
in competitive bid situations,we do sometimes alter the pricing. The contracts listed above are all due for renewal in the next year
and have labor pricing more consistent with 2012 rates than with 2016 rates.
By signature below, I certify that the above is true and correct and that I am authorized by my company to make
this certification.
Smith Pump Company,Inc.
Company Name
Signature of Authorized Company Official
jean Radtke
Printed Name
FORM M Exhibit
x i It t 1 B" COMM.V.11.18.15
)AMoard Pimchasfna
12007 Remmh Boulevard a Austin,Texas 78759-2439
PH:800.695-2919°FAX:80G-211-5454•www.buyboard.c=
MARKETING STRATEGY
For your Proposal to be considered,you must submit the Marketing Strategy you will use If the Cooperative accepts
all or part of your Proposal. ( &., How your company will InIdally Inform Cooperative members of your
BuyBoard contracts and how you will continue to support the Buy&vrd for the duration of time contract period.)
Attach additional pages If necessary.
3
We are currently developing a brochurelflyer to hand out to our customers and to purchasing agents.
E
Oursalesmen attend 6-10 trade sbows annually and wg display Buyboard in our booth,
R
Smith Pump Company,Inc.
Company Name
Sign tore of Authorized Company Official
jean Radtke
Printed Name
ED.;
FORM N Exhibit
xhibit t�B�� GOMMS.11.18.15
•
• oar
e
V V Cooperauve Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800.695-2919 11 FAX:800211.5454 a www.buyboard.com
CONFIDENTIAL/PR PRETARY,INFORMATION FORM
A.Public Disslosum Laws
All Proposals,forms,documentation,or other materials submitted by Vendor to the Cooperative In response
to this Proposal Invitation may be subject to the disclosure requirements of the Texas Public Information Act
(Texas Government Code chapter 552.001, et seq.)or similar disclosure law. Proposer must dearly Identify
on this form any Information In Its Proposal (Including forms, documentation, or other materials submitted
with the Proposal)that Proposer considers proprietary or confidential. If Proposer falls to properly Identify
the Information, the Cooperative shall have no obligation to seek protection of such information from public
disclosure should a member of the public or other third party request access to the information under the
Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for
information In a Proposal that Proposer has identified in this form as proprietary or confidential.
Does your Proposal(including forms,documentation,or other materials submitted with the Proposal)contain
information which Vendor considers proprietary or confidential?
P'l AIO ad M one of the following:
® NO,I certify that none of the information Included with this proposal Is considered confidential or proprietary.
.x�. YES,I certify that this Proposal contains information considered confidentlai or proprietary and all such
information is specifically Identified on this form.
If you responded "YES", you must Identify below the specific Information you consider confidential or
proprietary, List each page number, form number, or other Information sufficient to make the Information
readily Identifiable, The Cooperative and Its Administrator will not be responsible for a Proposer's failure to
clearly Identify Information considered confidential or proprietary. Further, by submitting a Proposal,
Proposer acknowledges that the Cooperative and its Administrator will disclose Information when required by
law, even If such Information has been Identified herein as Information the vendor considers confidential or
propri eta ry.
Confidential J Proprietary Information:
List pricing is confidential.
(Attach addltlnnal sheets it needed.)
FORM o-PAGE 1 COMM,v.11.18.15
Exhibit "B"
A7Capperativo
PurcAaRing ,
12007 Research Boulevard I Austin,Texas 78759-2439
PH:800-595-2919'FAX:800-211-5454°www.buyboard.c3om
B.Caayfjg t Infam tton
Does your Proposal(Including forms,documentation,or other materials submitted with the Proposal)contain
copyright:Information?
P!a< tStL LZ one of the folloyr[na:
�x NO,Proposal(Including forms,documentation,or other materials submitted with the Proposal)does not
contain copyright Information.
YES, Proposal(including forms,documentation,or other materials submitted with the Proposal)does
contain copyright Infomsation,
if you responded"YESft,Identify below the specific documents or pages containing copyright Information.
Copyright Information:
(Attach addIdanal sheets if ne&fed.)
eta D
BuyBoard members(Cooperative and nonprofit members)seeking to make purchases through the BuyBoard
may wish to view Information included in the Proposals of awarded Vendors, If you Identified Information on
this form as confidential,proprietary,or subject to copyright,and you are awarded a BuyBoard contract,your
acceptance of the Buyf3oard contract award constitutes your consent to the disclosure of such Information to
BuyBoard members, including posting of such Information on the secure BuyBoard website for members.
Note: Neither time Cooperative nor Its Administrator will be responsible for the use or distribution of
Information by BuyBoard members or any other party.
By signature below, i certify that the information In this form is true,complete, and accurate and that 1 am
authorized by my company to make this certification and all consents and agreements contained herein.
Smith Pump Company,Inc.
Compa Name
Sig ture of Authorized Company Official
an Radtke
Printed Name
2/16/16
Date
FORM O-PAGE 2 Exhibit "B"B�� COMM.V.11.18.15
Rigoard
Caaperative Pnrchasing
12007 Research Boulevard•Austin,Texas 78759.2439
PH:600-695.2919°FAX:800-211.5454•www,buyboard.com
1/ENDOR BUSI ESS 1_Y_AME FQRM
By submitting a Proposal.? Proposer is seeking to enter into a legal contract with theCooperative. As such a
Proposer must be an individual or legal business entity capable of entering Into a binding co tract.
Proposers,must completely and aocx�rately provide the Infom�ation requested below or your Proposal may be
deemed non-responsive. y
Name of Proposing Company: i h
(Ust the�g�j name of the ..�. ,Tnc.
such lnkmrabon may be carr zany see,�ng to cunlract�s lr Nie Cooperaffw' Do"list an assumed name,dbo aka,etc he%
Y Pro�`ded below- If^are submlhYng a Jh/nt P P=1 with anob+ier enW to pmWde dre same pvr�o�sed 90 oris
ors crvkes,each submltb+ny endly shouM rcq*te a seaarate vendor 1ntomnadon&M. Separa
etxn/f aN9/fated ent/bes,tvhfpfi prooase to prov/de goods or servlc� ratety must sttbrttlt theft ox rating fega/bus/nes`s enters,
pctsals)
Please check lilt one of the
Tvroe of 8ualness;
indlvlduaVSole Proprietor
Corporation
Umited Uablllty Company
Partnership
Other
If other,Identify
State of Incorporation(if applicab}e): Texas
7al Employer Identification Number: 74-1460081
ndor must include a competed IRS W-9 form with their proposal)
Ust the Names)by which Vendor, If awarded, wishes to be identified on the BuyBoari: (Note., tfdff
the Name of ssimedg Company/fsteG above,only val/d bade names(dbe,aka,eM.)of bye Pro osln Company Brent than
coAY ofYourAssurned Namr CertlAcate(sJ,IfBpp/lcab/e,must be aftdvd) p 9 pay may he used and a
FORM P
Exhibit "B"1 COMM.V.11.18.15
VWCORWOUM Parahasing
12007 Research Boulevard-Austin,TexaS 78759-2439
PH:800.695-2919-FAX 8402115454-www.buyboard.com
EDGAR VENDORC,�ER�TIF,ICA,T'ION„I ORM
(2 CFR Part 200 and Appendix 11)
When a Cooperative member seeks to procure goods and services using funds under a federal grant or
contract, specific federal laws, regulations, end requirements may apply in addition to those under state
law. This Includes, but Is not limited to, the procurement standards of the Uniform Administrative
Requirements,Cost Principles and Audit Requirements for Federal Awards,2 CFR 200(sometimes referred
to as the"Uniform Guidance" or new"EDGAR"). All Vendors submitting proposals must complete this
EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements
which may be applicable to specific Cooperative member purchases using federal grant funds. This
completed form will be made available to Cooperative members for their use while considering their
purchasing options when using federal grant funds. Cooperative members may also require Vendors to
enter Into ancillary agreements, In addition to the BuyBoard contract's general terms and condltions, to
address the member's specific contractual needs,Induding contract requirements for a procurement using
federal grants or contracts.
For each of the Items below, Vendor should cerdlr Vendors agreement and ability to cor►nply,
where applicable, by having vendor's author/zed representative check and 1nitlal the
applicable boxes and sign the acknowledgment at the end of this form. If you fall to
complete any Item In this form, the Coaperative w111 consider and may list the Vendors
response on the OuyBoard as "NO,ff the Vendor Is ,unable or anwAling to comply, A "NO"
response to any of the Items may, if applicable, Impact the ability of a Cooperative member to purchase
from the Vendor using federal funds.
1. Vendor Violation or Breach of Contract Terms:
Contracts for more than the simplified acquisition threshold currently set at $150,000, which Is the
inflation adjusted amount determined by the Civilian Agency Acquisition Coundi and the Defense
Acquisition Regulations Council (Counclis) as authorized by 41 USC 1908, must address administrative,
contractual,or legal remedies In Instances where contractors violate or breach contract terms, and provide
for such sanctions and penalties as appropriate.
Provisions regarding Vendor default are Included in the BuyBoard General Terms and Conditions,Including
Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to
such BuyBoard General Temps and Conditions, as well as any additional terms and conditions In any
Purchase Order,Cooperative member ancillary contract,or Member Construction Contract agreed upon by
Vendor and the Cooperative member which must be consistent with and protect the Cooperative member
at least to the same extent as the BuySoard Terms and Conditions.
The remedies under the Contract are In addition to any other remedies that may be available under law or
In equity.
By submitting a Proposal,you agree to these Vendor violation and breach of contract terms.
Vendor Certification,Item I(Vendor Violation or Breach of Contract Terms)
❑ YES,I aaM to the above. (Initial: --- �
❑ NO,I do N_01 agree to the above. (Initial:JCR
FORM Q-PAGE 1 Exhibit
xh1bit "Bl'
BrT COMMY.11.18.15
LWHoard
Conpereuve pa"h8sin0
12007 Research Boulevard°Awt n,Texas 78759-2439
PH.800.695-2919'FAX:800-211-5454 °www.buyboard.com
2. Termination for Cause or Convenience:
For any Cooperative member purchase or contract in excess of$1.0,00Q made using federal funds, you
agree that the following term and condition shall apply:
The Cooperative member may terminate or cancel any Purchase order under this Contract at any time
wldr or w1b5out cause, bYPr0k1d1n9 seven(T)business days advance written notice to the Vendor. If tYils
Agreement Is terminated In accordance with alis Paragraph, bhe Eco
required to pay Vendor forgoods Orserylces dellvered to the Coo Peadve member shall only be
fnemand not othenv1se returned In accordance with Vendor's return Policy If theoope&pe mbeer has
Pald Vendor for goods Orservlcw not yet pro veed as of the date ofterminafion, Vendor shalllmmedlatel
refund such Payment(s) y
If an alternate provision for termination of a Cooperative member purchase for cause and convenience
Including the manner by which It will be effected and the basis for settlement, Is Included in the
Cooperative member's purchase order, andlIM agreement, or Member Construction Contract agreed to
by the Vendor,the Cooperative member's provislon shall control.
Vendor Certification,Item 2(Termination for Cause or Convenience):
❑ YES,I ASTM to the above. (Initial: )
E19 NO,I do NO agree to the above. (Initial:JgR
3. Equal Employment Opportunity:
Except as otherwise provided under 41 CFR Part 60,all Cooperative member purchases or contracts that
meet the definition of"federally assisted construction contract"In 41 CFR Part 60-1.3 shall be deemed to
Include the equal opportunity clause provided under 41 CFR
1124660-1.4(b), In accordance with Executive Order
,"Equal Employment Opportunity"(30 FR 12319, 1.2935, 1 CFR Part19641965 Com
amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equalp.Fmp339 ), as
Opportunity,"and implementing regulations at 41 CFR Part 60 "Office of Federal Contract Corn fiance
Programs, Equal Employment Opportunity,Department of Labor." p
The equal opportunity clause provided under 41 CFR 60-1.4(b) Is hereby Incorporated by reference.
Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets th
deRnition of`federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor agrees that it e
comply with such provision. shall
Vendor Certification,Item 3(Equal Employment Opportunity):
2 YES,I NJ=to the above. (Inldal: 1CR �
❑ NO,I do H T agree to the above. (Initial:
^ FORM Q—PAGE 2
COMM.V.11.18.15
.exhibit "B"
LWHoard
Cooparl'ative PttrahastnA r
12007 Research Boulevard#Austin,Texas 78759-2439
PH:840-695-2919•FAX:800.211-5454•www.buyboard.com
4, Davis-Bacon Act:
When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime
construction contracts/purchases In excess of$2,000, Vendor shall comply with the Davis-Bacon Act(40
USC 3141-3144, and 3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction" , In accordance with the statute, Vendor Is required to pay wages to Iaborers and
mechanics at a rate not less than the prevailing wages specified in a wage determinate made borers
by the
Secretary of Labor. In addition,Vendor shall pay wages not less than once a week.
Current prevailing wage determinations issued by the Department of Labor are available at www.wdol,aoV.
Vendor agrees that, for any purchase to which this requirement appiles,the award of the purchase to the
Vendor Is conditioned upon Vendor's acceptance of the wage determination.
Vendor further agrees that It shall also comply with the Copeland"Anti-Kickback"Act(40 USC 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed In Whole or In Part by Loans or Grants from the United States).
The Act provides that each contractor or subreciplent must be prohibited from Inducing, by any means,
any person employed In the construction,completion,or repair of public work,to give up any part of the
compensation to which he or she Is otherwise entitled.
Vendor Certification,Item 4(Davis-Bacon Act):
[M YES,I PON to the above. (Initial. JCE_j (a
❑ N4,I do V T agree to the above. (Initial:
5. Contract Work Hours and Safety Standards Act:
Where applicable, for all Cooperative member contracts or purchases In excess of$100,000 that Involve
the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part S). Under 40 USC 3702 of the Act,
Vendor Is required to compute the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work In excess of the standard work week Is
compensated at a rate of not less than one and a half times the basicnrate bof le prodded that the worker is
excess of 40 hours In the work week. The pay far all hours worked In
ction
work and provide that no laborer or mechanic must be required to work In surroundings are lortunder wo king
th
conditions which are unsanitary, hazardous or dangerous. ung
purchases of supplies or materials or amides ordinarily available on open mark,et,�or contracts fto or
transportation or transmission of Intelligence,
Vendor Certification,Item 5(Contract Work Hours and Safety Standards Act):
[ YES,I MEN to the above. (Initial: CR
❑ NO,I do N-01 agree to the above. (Initial:
FORM Q-PAGE 3
,Mbit "B" commN.11.0.15
1 0
Ap
UHd
rfi�
ear
!;{" Cooparafive Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800-695-2919•FAX:800-211-5454•www.buyboard.com
6. Right to Inventions Made Under a Contract or Agreement:
If the Cooperative member's Federal award meets the definition of"funding agreement"under 37 CFR
401.2(a) and the recipient or subreciplent wishes to enter Into a contract with a small business firm or
nonprofit organization regarding time substitution of parties, assignment or performance or experimental,
developmental, or research work under that "funding agreement," the recipient or subneciplent must
comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
Implementing regulations Issued by the awarding agency.
Vendor agrees to comply with the above requirements when applicable.
Vendor Certification,Item 6(Right to Inventions Made Under a Contract or Agreement):
[M YES,I ag ee to the above. (Initial: CTR )
[❑ NO,I do NOT,agree to the above. (Initial:
7. Clean Air Act and Federal Water Pollution Control Act:
Clean Air Act-(42 USC 7441-7671q.)and the Federal Water Pollution Control Act(33 USC 1251-1387),as
amended -- Contracts and subgrants of amounts In excess of $150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations
Issued pursuant to the Clean Air Act(42 USC 7401-7671q.)and the Federal Water Pollution Control Act,as
amended (33 USC 1251-1387). Violations must' be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
When required, Vendor agrees to comply with all applicable standards, orders, or regulations Issued
pursuant to the Clean Air Act and the Federal Water Pollution Control Act,
Vendor Certification,Item 7(Clean Air Act and Federal Water Pollution Control Act):
(3 YES,1 11q to the above. (Initial: _
[l NO,I do M agree to the above. (Initial:
8. Debarment and Suspension:
Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see 2 CFR 180.220)
must not be made to parties listed on the government-wide exclusions in the System for Award
Management(SAM),in aeoordance with the OMB guidelines at 2 CFR 180 that Implement Executive Orders
12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded
by agencies, as well as parties declared Ineligible under statutory or regulatory authority other than
Executive Order 12549,
FORM Q-PAGE 4 CbMM.V.l1.I8.15
Exhibit "B"
gwBdiarde
Coaperative Plfrchaslrrg
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800.695-2919•FAX:B60-211.5454•www.buyboard,com
Vendor certifies that Vendor Is not currently listed on the govemment-wide exclusions In SAM, Is not
debarred, suspended, or otherwise excluded by agencies or declared Ineligible under statutory or i
regulatory authority other than Executive Order 12549. Vendor further agrees to Immediately notify the
Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if
Vendor Is later listed on the government-wide exclusions In SAM,or is debarred, suspended,or otherwise
excluded by agencies or declared Ineligible under statutory or regulatory authority other than Executive
Order 12549.
Vendor Certification,Item S(Debarment and Suspension):
j YES,I ji-gme/certify to the above. (Initial: _CR J
NO,I do(yam agree/certify to the above. (INbal:
9. Byrd Anti-Lobbying Amendment:
Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for Influencing or attemptlng to
Influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,
or an employee of a member of Congress In connection with obtaining any Federal contract,grant or any
other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place In connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award.
As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply
with,the Byrd Ant1-Lobbying Amendment(31 USC 1352).
Vendor Certification,Item 9(Byrd Anti-lobbying Amendment):
8 YES,I ggme to the above. (Initial; jR)
0 NO..I do&0J agree to the above. (Initial:
10. Procurement of Recovered Materials:
For Cooperative member purchases utilizing Federal funds,Vendor agrees to comply with Section 6002 of
the Solid Waste Disposal Act, as ,amended by the Resource Conservation and Recovery Act where
applicable and provide such infbrmation and certifications as a Cooperative member may require to
confine estimates and otherwise comply. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR Part 247 that contain the
highest:percentage of recovered materials practicable, consistent with maintaining a sadsfactory level of
competition,where the purchase price of the Item exceeds$10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services In a
manner that ma)imlzes energy and resource recovery, and establishing an affirmative procurement
program for procurement of recovered materials Identified in the EPA guidelines.
F* M Q--PAGE 5 COMM.V.11.18.15
Exhibit "B"
&UHoard
�..� V V cooperative Purchasing
12007 Research Boulevard.Ausdn,Texas 78759-2439
PH:800-695.2919•FAX:600-211.5454•www.buyboard.com
Vendor Certification,Item 10(Procurement of Recovered Materials):
KI YES,I, a to the above. (Initial: JCR
I
❑ NO,I do NI agree to the above. (initial.-
11.
initial:11. Profit as a Separate Element of Price
For purchases using federal funds in excess of $150,000, a Cooperative member may be required to
negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a
Cooperative member,Vendor agrees to provide Information and negotiate with the Cooperative member
regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees
that the total price, Including profit, charged by Vendor to the Cooperative member shall not exceed the
awarded pricing,Including any applicable discount,under Vendor's Cooperative Contract.
Vendor Certification,Item 11(Profit as Separate Element of Price):
YES,I parse to the above. (Initial: JCR I
❑ NO,I dofa agree to the above. (Initial: _ l
12. General Compliance and Cooperation with Cooperative Members
In addition to the foregoing specific requirements,Vendor agrees,In accepting any Purchase Order from a
Cooperative member,It shall make a good faith effort to work with Cooperative members to provide such
Information and to satisfy such requirements as may apply to a particular Cooperative member purchase
or purchases including,but not limited to,applicable recordkeeping and record retention requirements,
Vendor Certification, Item 12 (General Compliance and Cooperatlon with Cooperative
Members):
(N YES,I agree to the above. (Initial: JCR
❑ NO,I do oT agree to the above. (Initial:
By signature below, I certify that the Information In this form Is true, complete, and accurate and that I
am authorized by my company to make this certification and all consents and agreements contained
herein.
Smith Pump Company,Inc.
Com y Name
Tli6re of Authorized Company Official
Jean Radtke
Printed Name
FORM Q-PAGE 6 Exhibit "B"
COMM.V.11.18.15
oards
Wooperouve Parchastng
12007 Research Boulevard•AusUn,Texas 78759-2439
PH:800.695-2919'FAX:800-211-5454'www.buyhoard.com
R. U1_R.ED FOS M
CEC T`
(Please cht(*(v)the rolloWng)
ComAletgd:Proposer's Agreement and Signature(Form A)
QMp e( :Vendor Purchase Order,Request for Quotes,and Invoice Receipt Options(Form 6)
Completed: Felony Conviction Disclosure and Debarment Certification(Form C)
[ Cgm, le,ted:Resident/Nonresident Certification(Farm D)
eomQtt-: Historically Underutilized Business(HUB)Certification(Form E)
Qmple :Affirmation Regarding Construction Related Goods and Services(Form F)
QMoleted: Deviation/Compliance Signature Form(Form G)
Completed: Dealership Listings(Form H)
] CoMp :Texas Regional Service designation(Form I)
[� W1gWd:State Service Designation(Form 3)
[ Co a etedl:National Purchasing Cooperative Vendor Award Agreement(Form K)
( Corn P :Federal and State/Purchasing Cooperative Discount Comparison Form(Form L)
Cam let :Governmental References and Price/Discount Information(Form M)
W
CO,�t pleted: Marketing Strategy(Form N)
[.� Completed:Confidential/Proprietary Information Form(Form 0)
( j
Completed:Vendor Business Name Form with IRS Form W-9(Form P)
ale : EDGAR Vendor Certification Form(Form Q)
C—oMpleted: Forms Checklist(Form R)
Comgleted: Proposal Specification Form with Catalogs/Pric:elists(Form 5)
I'l bleb fir must ae,svb rxW w o ptoAa4f n*onm crievonie'iiX not bd cnnw&d d,
FARM R COMM.V.11.18.15
Exhibit "B"
wNgaur
Proposal Invitation No.509-16-Water and Wastewater Pumps and Motors
(Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered l.)
State Discount Exomdons to
Item Percent:(%)off Stats Name of Dismunt
No. Short l x3 Full Description Catelo /Prlcalisti I Catalo (Priaallstr Percent ofa
NOTE:Vendors proposing various manufacturer product lines per line Item on the Proposal Specification Form(Form S)must submit the Information as
follows or proposal may not be considered:
•Manufacturers shall be listed In alphabetical order
•Vendor's must list one specific percentage discount for each Manufacturer listed.
If a vendor's response to Proposal Specification Form(Form S)states"please see attachment sheet,"all manufacturars listed on the attachment sheet
must indicabs Ser manufacturer the line Item that correlates to Proposal Specification Form(Form S)or Vendor's proposal may not ba considered.
Products
scour
Catalog/Pricetist for Discount(%)Off Catalog/Pricellst for Water and Wastewater
Water and Pumps-Wholesale Product Line and related products. Liberty
i Wastewater Pumps- please state the discount(%)off catalog/priceiist. 'Zoeller
Wholesale Product Catalog/Pricelbt MUST be Included or proposal will not bo considered.
Discount $ P Flowserve
?0%Sewage Pum
Catalog/Prlcelist for Discount(%)Off Catalog/Pdcelist for Water and Wastewater 101w Vertical TurbineTI's over 20"bo%v.
2 Water and Pumps-Engineered Product Une and related products. ZO ,rr• suruf .NN lit case
Wastewater Pumps- Please state the discount(%)off catalog/pricelist. °I'suruall split
Engineered Product Catalog/Prieeilst MUST be Included or proposal will not be considered. 13((14
Line
Discount(%)Off Discount(%)Off Catalog/Pricelist for Parts for Water and
Catalog/Pricelist for Wastewater Pumps and Motors and related products. 11.77 Flowserve Clarification;
3 Parts for Water and please state the discount(%)off catalog/pricellst. % List x 1.30
Wastewater Pumps Catalog/Prlcelist MUST be Included or proposal will not be considered.
and Motors
DL9count(S'o)Off
Catalog/Pricelist for Discount(%)Off Catalog/Pricelist for Package Residential and
9 Package Residential Commercial Waste Grinder Station and related products. K e� Smith Pump I'rocuc
and Commercial Please state the discount(%)off catalog/pricelist. -M
Waste Grinder Catalog/PrlceIIst MUST be included or proposal will not be wnsidertd.
Station
PH929MI nom
I catatogs/arinebsu arc requmd to be w9mum YAM Pvpol,a! PROPOSAL SPECiFICATrON FORM
Page t of 2 rvRM s
Exhibit "B"
gBoarrd
Proposal Invitation No.509-16-Water and Wastewater Pumps and Motors
(Catalogs/Pricellsts must be submitted with Proposal or Proposal will not be considered .)
State Discount Exoewons to
Item Percent(%)off State Name of Discount
No. >ShorfiDesc t Mon _._ Full Descriltial Catalog1plicellst, Catal Pricausts Percent(%)
Dist7munt(96)Off
Catatog/PrkHist fix Discount(%)Off Catalog/Pricelist for All other Water and
5 All Other Water and Wastewater Pumps and Motor Related Products. Please List 96 USEM
Wastewater Pumps state the discount(%)off catalog/pricelist. acetas/prkwwt Must TFICO Special motors
and Motor Related be tnduded or Proposal vrAii not be constdardd.
Products
Nak to Exceed Hourly Detatled Information Hnutiy Labor
Installation and air Service Labor Rate on HouttyLa Wr Rate :Rabe-
Not o Exceed
Hourly Labor Rate Hourly Labor Rata for Irurtailatlon/RepairService of
for RT=regular time
6 Installation/Repair
Water and Wastewater Pumps and Motors-State the,� gq RT IHour Q'T=overlimc
Service of Water and�hourly labor rate for Installation/Repair Service of $ t 2fi nT 1 hour
Wastewater Pumps Equipment and Products.
7 f=ixed Rate Rate to pull a submersible well pump under 18"diameter $3200.00
howl and less than 1000'feet deep.
8 Fixed Rate Ratc to teardown/inpsecl/report and quote vertical turbine S1200.00
pump for repair. Under 18"diameter bowl assembly
9 Fixed Rate Rate to pull Vertical'rurbine Pump,less than 30'deep 52340.00
and under 18"diameter,and less than 250 lip
moposu t1m
1 rataio+3s/Pnadist5 arc(M(Amd to be wtsstttted wilt PMPMaJ
PROPOSAL SPECIFICATION FORM
Z 141W Utrt ma%kill tKAW J1WUA11y not tit[%crud V%VCF Yru. Page 2 of 2 FORM 5
Exhibit "B"
Melonle Perry
From: Jean Radtke<jean Qs m ith pump,com>
Sent: Monday,April 04,2016 12,07 PM
To: Melonie Perry
Cc: Mike Thompson
Subject: Re:BuyBoard
Melonie
Lease change to 0 percent discount.Our problem is that we get various parts multipliers based on the type of
pump. We could offer as much as 10 percent off depending on the pump.
Does that help clarify?
Sent from my iPhone
On Apr 4,2016,at 11:47 AM,Melonie Perry<Melonie.Peny@tasb.org>wrote:
I need an answer to this please. Thank you.
From:Melonie Perry
Sent:Friday,April 01,2016 10:59 AM
To:'Ieanro!smithpump.com'<leanr@snlh.,pum carn>
Subject:BuyBoard
Please clarify the discount on Item number 3 for Flowserve. please see attached.
Thank you.
Melanie Perry
BuyBoard Bid Administrator
Phone:800.695-2919
Fax:800-211.5454
E-Mail;meIonte.ngrry tasb.org
<2015_04_01_10 5G_28.pdf•>
Exhibit "B"
I
Ctltit?ji�At91#J1T /t
Pa.ear40o
Avsfra,7X 78757-04M
800.695.2919 1 512,4b7.aM f Fix=81111.211.6454
buybesN.cam
June 14, 2017
Jean Radtke Sent via email to: 'eanr smith um .com
Smith Pump Co., Inc.
301 M&B Industrial
Waco TX 76712
Re: Water&Wastewater Pumps&Motors
BuyBoard Contract 509-16
The Local Government Purchasing Cooperative (BuyBoard) awarded Your company
under Water & Wastewater Pumps & Motors, Contract 509-16, effective Jul P 20 a contract
June 30, 2017, with two possible one-year renewals. At this time we are �e 16 through
contract throe h June 30 2018. newin our
All discounts, terms, and conditions of your contract will remain the same. If You
renewal, there is nothing you need to do. However, if you do not agree to this renewal,ryo to this
notify me immediately via email at connie.burkeft@tasb.org.
You must
Reminder: Once a BuyBoard contract is awarded, vendors must generate a
$15,000 annually or they may not be offered a contract renewal. Ealuation illbeminimum of
annually, prior to the expiration date of the contract term, and the BuyBoard reserves t be made
discontinue the vendor's contract at that time. he right to
Additionally, all purchase orders must be processed through the Bu Hoard
expressly authorized in writing by the Cooperative's administrator, oEuarept as
authorized to process a purchase order received directly from a Cooperative a note me
Accepting orders directly from a member entity without Cooperative authorization ` mber.
of the terms of your contract. We request your assistance in immediate) forwarding
any orders
a violation
received directly from member entities. Purchase orders may be sent to us either 9
211-5454) or by email (intqgbu board.com). If by chance an order sent dire to you has
ONLY to prevent duplication. by fax (800-
been unintentionally processed, please forward it to the Cooperative and note directly t as RECORD
If you have questions or comments concerning this renewal, please contact
. Vl/e a me as soon as
possible at con nie.burkett tasb.or 9 appreciate your interest in The Local Government
Purchasing Cooperative.
Sincerely,
Connie W Burkett, CTSBS
Contract Administrator
Exhibit 1113"
:.. �y���w....}.�.., h 'd# ?# ttl3f s 7ti is}d�tz
a.a E4 .0. 1�"
,7 ^ar z :r v4f.tit`s'1�P t 1'