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Contract - Smith Pump Company - 1/11/2018
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 of6jQ(A#(4 , 2019, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipals 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 WHEREAS, 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 ` A_4___�09 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 2 forth in Exhibit "B," which together with this Agreement comprise the total Agreement as if repeated herein in full. 4.01 SCOPE OF WORK 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: http://www.roundrocktexas. og v/wp-content/uploads/2014/12/col-r insurance 07.20112.pdf. Failure to meet or maintain City's insurance requirements shall be considered a material breach of this Agreement. 4 13.01 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 may 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 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to 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 all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, 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 perform 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. 22.01 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 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 25.01 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 8 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. By: By: Printed Name: Printed amen jea adtke .XA Title: Title: V.P. Date Signed: Date Signed: 11/21/2017 Attest: By: 53WA&r M* Sara L. White, City Clerk For City,Ap roved as4toForm: B 16) Stephan L. Sheets, City Attorney 9 Pump Info Water Site Motor Brand Pump Brand MGDIGPM Controls 1 3 1#1,2,3 Lake Pump 600 hp Sub/2300V Plueger 18ENH Flowserve 8 MGD/5556 GPM Soft Start 2 3 #4,5,6 Lake Pump 400 hp Sub/2300V Plueger 18 KXH-2 Bryon-Jackson 6 MGD/4200 GPM Direct 3 3 #7,8,9 Lake Pump 400 hp Sub/2300V Plueger 18H 3412 Fairbanks 6 MGD/4200 GPM VFD(Robicon) 4 4 #1,2,3,4 High Service 200 hp Vert/480V US Motor 15 MQH Byron-Jackson 3MGD/2100 GPM Direct 5 2 #5,6 High Service 400 hp Vert/480V US Motor 18 KXH-2 BLOAP 6 MGD/4200 GPM Direct 6 1 #71-ligh 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/4BOV GE 20 MLK/H FloWay 7,5 MGD/5200 GPM Soft Start 8 1 9 1#9 High Service 500 hp Vert/480V GE 20 MLK/H FloWay 7.5 MGD/5200 GPM Direct 9 1 #10 High Service 500 hp Vert/480V US Motor 23EKM-3 Flowserve 7.5 MGD/6200 GPM VFD(Robicon) 10 1 #11 High Service 500 hp Vert/480V US Motor 23EKM-3 Flowserve 7.5 MGD/5200 GPM Soft Start 11 1 Westinghouse N Well 20hp Sub-230/460v-3 Plueger 8EHL-8 Flowserve 350 GPM Direct 12 1 Westinghouse S Well 25hp Sub-230/460v-3 Plueger 8EHM-8 Flowserve 500GPM Direct 13 2 WH Booster#1-2 60hp Vert-230/460v-3 GE 12G-3 Byron-Jackson 1000GPM Direct 14 4 Bowman Booster#1-4 100hp Vert-230/460v-3 US Motor 14GM-3 Byron-Jackson 1500 GPM Direct 15 6 Lake Creek Boos#1-#6 200hp Vert/460v US Motor 12 HD Peerless 2000 GPM Direct 16 1 Lake Creek Well#1 100hp Vert-230/460v-3 US Motor 7811-1561 Byron-Jackson 1500 GPM Direct 17 1 Lake Creek Well#3 100hp Sub 460v Franklin 97/200 Crown 1300GPM Direct 18 1 Lake 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 12MQH Bryon-Jackson 1500 GPM Direct 20 4 McNeil Booster#1-4 100hp Vert/460v US Motor 14GM-3 Byron-Jackson 1500 GPM Direct 21 3 SE Elevated#1-3 40hp Horz-2301460-3 US Motor 6x8-144/3410 Gould-split 1250 GPM Direct 22 3 SE Ground#1-3 300hp Vert/460v US Motor 20MOL-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 gpm VFD(Square D) 125 2 Reuse Transfer Pumps 30hp Vert/460V Emerson 14ENL-5 FlowServe 1785 gpm VFD(Square D) 26 1 1 IReuse HS Jockey Pump 20hp Sub-460v-3 Franklin 6CLC-6 stage Goulds 200 gpm Direct 57 Exhibit "A." sva Assembly We,gnt;. CERTIFIED DRAWING^FOR APPROVAL AL1.DIMENSIONS Disclrorge Head 1412 lbs. If•: INCHES CONSTRUCTION iS BEING 13ELD PCNOING RECEIPT MOTOR �'.. Column Assy 1662 Ibs. OF APPROVAL ORAWiNG AT THE FLOWSERVE , 7� TUU H.P. Vertical SOLID Shalt Bowl Assy 925 lbs. PUMP FACILITY. _ 1200 R.P.M. J Phase 60 Cycle_460 Volt s Strainer 46 lbs. ~- %vi Enclosure b!f9.g_..Motcrg Boseplate 593 lbs. _ I,00 Radius On Corners ••-'--'�""•" 1 1 48.94 I ` DISCHARGE HEAD -- TYPE HFL g Liftin ! I 16kFL Discharge Head _t6"_150 FLAT FACE Disehar c Flen e Holes ; 42.00 S0. - -+ 32.00 St}. .. � g 9' flange holas straddle vertical centarlina INT T1 Shaft Seal PACKED BOX COLUMN .50 NPT 17.00 _T- -- 16" Column Pipa Stuffing Box --�/- �' -1.00 Radius 1.69' Diameter OPEN Lineshoft Drain (Plugged) �� 1.00 NPT On Corners Discharge -28.00 so.--- PUMP If Vent 50.00 (Plugged) 38.09 So. !Stage 0EPM Bowl ENCLOSED Impeller U.s5D NPT 6500 _ USGPM 47 Ft. Total!lead crr Pipe TOP VIEW Strainer Type BASKET. Drain(Plugged) t✓ATERIALS 1 4 Holes, 1.00 Dto. 4 Holes. 1.38 Dia. For 1.25 Din. Anchor Botts ,jowls CAST IRON Column SICEL. 16.OD impellers BRONZE r Brg.Retainer BRONZE__-- - Pump Shaft 416 S.S. Lineshaft 416 S.S. Elev.:7B9.50 ft , Bowl Brgs. F. WIC RUP,i�>iR Llneshrlt Brgs Ri,BBFR- _ Head STEEL -_•,_ 1 .._�._._.._.. T ' Strainer 316 S.S. -1.St E ,50 NPT Wear Rings(Bow!/Imp.) ER012 PRON7£ '" t 1.75 Discharge Fid t Driver Weight 1350 ibs. Pump IYclghf 4 .0•_tbs7 248.00 Pressura )MZd Pump will be shipped ASSEMBLED Connection Fyd,` �� o Pump D;vision r 30.50 Dic. Myd6.� Min,Liquid Levol �Mx FLOWMWE Tcne 'Olin 0 erus :ian o Hale to `�• Y P � I I OISCIiARCE�� GENERAL ARRANGEMENT DRAV•JING._•�•___ 30A0 1 20••37 MAXiMU54 ALLOWABLE FURCES Hydro Car, Systems � 4600 FORCES ALONG AX5L ItESLT� City of Round RecA, TX VJi'P Exp.^.nsior UtRCxI�NN (� Fx Fr T �Z l Customer Order l213U4-r- WSCiA G�i- 950- 1150 730 F!owsvvc Order#047•-79163 Fiowscrve S/N e303.V.SDO2518-•1/2 S '•�� OttlS ?�OA1EN':S transfer Pumps Tags TRP.-Ol /-•02 I 12.00 1600 _ 1d0MEN S ABOJT AXLS Ft-lbs _ --- ,,,,, 1 _.....--•--•- -----• ,• DI1�L i0N E_• Ux a !.! 3 Mz_ 4WD.tiC.GS0025i6 SCALE NONE REV i5 Elev.;IG�.UO ft 1 - _ _ - — n I I r r-i r-T DISCHARGE :SG ?t50 2000 �� --•- 2'1,5J -- �Sflf Fiae'r�--E DRAVR4 O Skeen ,DATE 10•y9-Oi 9WBoard Cooperative Purchasing P.O.Box 400 Austin, TX 78767-0400 800.695.2919/ 512.467.0222/ Fax:800.211.5454 buyboard.com May 11,2016 Sent ilia 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 specifications. 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 Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas BuyBoard Procurement Director x.12 is Exhibit "B" ,rte The Local Governrneni Purchasing Cooperative is endorsed by the Texas Association of&shool Boards, Texas Municipal League, Teras Association of Counhes.and the Teras Association of School Administrafors Oar :.., Cooperative hasing 12007 Research Boulevard`Austin,Texas 78759-2439 PM:800.695.2919°FAX:800-211-5454 °www.buyboard,cam PROPOSER`s AGREEMENT AND SIGNATURE &Pposat ame.Water and Wastewater Pumps ftpasal QRSPAIgg Raten Timpp and Motors February 16,2016 at 2:00 PM Locatlan pr+oA4gid ppenina: Texas Association of School Boards,Inc. BuyBoard Department Proposal Number: 509-16 12007 Research Blvd. Austin,TX 78759 AnticippLed,Cooperative Board Meeting Date: Con ra 'j�rBe�eriad:July 1,2016 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 �� Street Address Sign ure of Authorized Company Offldal Waco,Texas 76712 Jean Radtke City, State,Zip Printed Name of Authorized Company Official 512-310-1480 Vice President Telephone Number of Authorized Company Official Position or Tine of Authorized Company Official 512 310 1417 f-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 ("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; 1 Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; UN FORM A--RAGE 1 Exhibit "B" COMM,V.11,1$.15 �--� &d— al7ooard 1 Cooperative Purchasfag 5 { 12007 Research Boulevard°Austin,Texas 787592439 PH:840695-2919° FAX:800-2115454°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. submitting price sheets or catalogs In the proper format for posting on the BuyBoard as a prerequisite to activation of your contract; 5. 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 - 1: of an award or any other remedy or action provided for in the General Terms and Conditions or by law. FORM A--PAGE 2 Exhibit "B"B" OOMM.V.11.18.15 &5780arde Caaperativa Purchasing t' 12007 Research Boulevard v Austin,Texas 78759-2439 PH:500-595-2919°FAX:800-211-5454 °www.buyboarcl.com VENDOR PURCHASE ORDERr RE UEST FOR MOTES AND INVOICE RECEIPT OPTIONS i Company: Smith Pump Company _ Genesi Contact Name: jean Radtke PjAmhase.Qrders: Purchase orders from Cooperative members will be available through the Internet or by facsimile, ootlor_ z: Internet, Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet 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. I n 2:Fax. Vendors need a designated fax line available at all times to receive purchase orders. Please choose oinly one (1) of the following options for receipt of purchase orders and provide the requested information: I will use the ANTEttNET to receive purchase orders. E-mail Address: leanr@smithpump.com Internet Contact: jean Radtke Phone: 512 970 5958 Altemate E-mail Address: miket@smithpump.com Altemate Internet Contact: _Mike ThQmpson Phone:_210-488.1864_ FJ I will receive purchase orders via fAXo Fax Number: Fax Contact: Phone: Requggt for_Qtjotes CRFQ"1: Cooperative members will send RFQs to you by a-mall. Please provide e-mail addresses for the receipt of RFQs: E-mail Address: jeanr@smithpump.com Altemate E-mail Address: miket@smithpump.com nvoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. Ail Invoices are available on 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: 254-775-0377 Fax: 254-776-0023 Email Address: codysC2smithpump.com Alternative E-mail Address: chrisjz@sm Uripam t Jr-jXHIDit FORM B cOMMN111.18.15 au7soard('> 4F` Cooperative Purchaslng 12007 Research Boulevard°AusUn,Texas 78754-2439 PH:800-5952919°FAX:800-211-5454°wm.b*oard.com FELONY CONVICTION Disaosm AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 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 f 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." ; 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." �s�ch.eck idl one of t—he f411pyylnq: ❑ My company is a publicly-held corporation.(Amnee notice requirement does not apply to publicly-held corporation.) [� My company Is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following Indlvidual(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 Pum2 Company,Inc. _ Company Name Jean Radtke Signa a of Auth zed Company 5 i al Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal 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 rized Company Official Printed Name FORM C Exhibit "B"B?t COMM.V.11.18.15 t AWBOarde cooperative Purchasing 12007 Research Boutevard°Austin,Texas 78759-2439 Phi:800-695-2919,1 FAX,800-211-5454 °www.buyboard.com RESIDENT/„NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government 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.Please!±eck(,)one of the ollowino. j 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(tete state In which your Companys 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 tete same as yours by a prescribed amount or percentage to receive a comparable contract? [I Yes Q No B. What is the prescribed amount or percentage? $ or VENDOR EMPLOYMENT CERTIFICATION 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 checl�On one of the following ❑ Yes [3 No By signature below, I certify that the information in Sections 1 (Residen4/Nonressldent Cerffcat on)and 2 Mendor Employment Certifrcadon)above Is true, complete and accurate and that I am authorized by my company to make this certification. Smith Pump Company,Inc. L4- Company Name Jean Radtke SigZMD reof Au orized my C)ffl pancial Printed Name Exhibitf r B t:r ir0 COMM-V111.18115 9t9_780ard Cooperative Punchaslog 12007 Research Boulevard°Ausdn,Texas 78759-2439 1 PH: 600-695-2919°FAX; 800-211-5454°www.buyboard.com HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION I A proposer that has been cerdfied as a Historically Underutilized Business (also known as a Mlnorlty/Women Business Enterprise or "MWBB" and all referred to In this form as a "HUB") is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please ch gd�(3a all thatan ' E] I certify that my company has been certified as a HUB In the following categories: El Minority Awned Business fl Women owned Business Q 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 20%or more as determined by the U.S.Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: M My company has NOT been certified as a HUB. By signature below, 1 certify that the above Is true,complete and accurate and that Y am authorized by my company to make this certification. Smith Pump Company,Inc, Company N e Signator of AuthoriZAR11 Co any official Jean Radtke Printed Name FORM E Exhibit 11B" COMM.V.11.18.15 1 ;`'-` • VDoard AJ COPPerative Purchasing 12007 Research Boulevard°Austin,Texas 78759-2439 PH:800-695-2929 °FAX:880-211-5454°www,buyboard.com FFIRMATION REGARDING CONSTRUCTIOWRELATED GOODS AND SERVICES A contract awarded under this Proposal Invitation covers only the spedflc goods and services awarded by the BuyBoard. As explained in the BuyBoard Construction Related Goods and Services Advisory for Texas Members ("Advlsory'�, Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not Include such servicae& Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Acct(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 construction-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 affirmation. If Proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make Its Cooperative 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 with the member or accepting the member's purchase order for construction-related goods or services,whichever comes first. Smith Pomp Company,-In c Company Name Signa a of Autho ' ed Com an Uffidai — lean Radtke p Y Pnnted Name 2/16/16 Date FORM F-PAGE1 :Exhibit "B" COMM.V.11.18,15 PFCo operatim Purchasing 12007 Research Boulevard°Austin,Texas 78759-2439 PH:800-695-2919 e FAX:800-211-5454 °www.buyboard.com BUYBOARD PROCUREMENT AND CONSTRUCTION-RELATED GOODS AND SERVICES ADVISORY FOR TEXAS MEMBERS Why make purchases using BuyBoard? Purchasing through a cooperative or"interfocal oantract" satisfies the requirement of local governments to seek competitive procurement for the purchase of goods or services.' 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(JOC)or contract for the Installation of equipment or materials (e.g., athletic fields and surfaces, kitchen equipment;, 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 contracts to vendors for goods and services that the. BuyBoard determines, based on an evaluation of multiple criteria,represents the best value for Its members. Now does BuyBoard award a contract 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 terms and conditions,and any additional terms and conditions that apply to the specific BuyBoard contract, as set out In the proposal Invitation. Now 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, additional 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. How 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 ffl�=.buybQard,com using your member I.O.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 "B B f 1 FORM F-PAGE 2 L COMMN.11.18.15 1 � Cooperative Purchasing i 12007 Research Boulevard°Austin,Texas 78759-2439 PH: 800-695-2919°FAX:800-211-5454 °www.buyboard.com D 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 cooperative Is the procurement method that will provide best value." This is done by the governing body(e.g., board of trustees, council, commissioners' court, etc.) or may be delegated by the governing body to an individual or committee,with written notice. > Products or services not covered by the BuyBoard contract. The BuyBoard contract covers only the specific goods 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 taw and local policy. D Architectural or Engineering and Independent Testing services, If your procurement Includes a construction component that requires architectural or engineering services, you must procure those services separately.YOU MAY NOT PROCURE ARCHITECTURAL OR ENGINEERING SERVICES THROUGH A BUYSOARD 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 plants and specifications prepared by an architect.t' (An "alteration" or "addition" for purposes of this requirement requires the removal,relocation, or addition of a wail or partition or the alteration or addition of an exit,) 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 testing 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 specifications by an architect or engineer OR that an architect or engineer has prepared the plans or specifications,"" if;r:i FORM F-PAGE 3 Exhibit t 1 B I1 COMM.V.11.18.15 &_ 57BOarda 1 r< Cooperative Purchasing ': 12007 Research Boulevard°Austin,Texas 78759-2439 PH:800-695-2919° FAX:800-211-5454°www.buyboard.com D 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 fails to complete the project."15 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 dalms or casts 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 contract's general terms and conditions, standing alone, are not sufficient to document your entity's specific 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. v 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 goads and services under any procurement method,including a purchasing cooperatives 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 sub0tute for the advice of an attorney. For more information about BuyBoard,contact us at$00-695-2919. 1. Tex.Gov't Code§791.025 and Tex.Local Gov't Code§271.102. 11. Tex.Ed.Code§44.031(a)(school districts);'rex.Local Gov't Code§252.043(a)(munlcipalides)and§262.022(5-a)and §262.027(countles) Ili, Tex.Gov't Code§2254.004 and§791.011(h) iv. Tex.Occ.Code§1051.703 V. Tex.Occ.Cade§1001.0031(c) V1. Tex,Occ.Code§1001.453 vil, Tex.Gov't Code§791.0110),effective September 1,2013 viii. Tex.Gov't Code§2253.021(a) B sued March 31,2014 1 0-kol- FORM F-PAGE 4 Exhibit ��B" COMM.V.11.18.15 ausoarde -:GAII cooperative Purchasing 1.2007 Research Boulevard °Austin,Texas 78759-2439 PH:800-6952919•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 Infoormation 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 thls 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 General Terms and Conditions,Item Specifications and all other requirements associated with this Proposal Invitation If awarded a contract under this Proposal Invitation. U] No;Deviations ❑ YeS; Deviations Ust and fully explain any devlatlons you are submitting: PLEASE PKQ)aDET-1H9„EQ.,UOMN tNFORMIATUONo 1.Shipping Via: ❑ Common Carrier ❑Company Truck ❑Prepaid and Add to Invoice ❑ Other: All of the above may be used. 2. Payment Terms: © Net 30 days ❑1.%in 10/Net 30 days ❑Other: 3. Number of Days for Dellvetyas quoted ARC? 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?®Yes ❑ No Smith_ Pump Company.INc. N Company e i Radtke Sig at a of Aut orized Company Off? ibit Pri Name FORM COMM M.11.18115 %YHOardo Cooperative Purchasing 12007 Research Boulevard°Austin,Texas 78759-2439 PH:800-695-2919°FAX:800211-5454 'www.bwiboard.com DEALERSHxp, US°TINGS If you have more than one location that will service a contract awarded under this Proposal Invitation, please list each location glow. If addlUonai sheets are required,please duplicate this form as necessary. Smith Pump Company,Inc. Company Name Address Ausitn Texas 78744 city State Zip 512-310-1480 512-310-1417 Phone Number Fax Number Jean Radtke Contact Person ' n# Smith Pump Company,Inc Company Name 4624 Martin Luther King Freeway Address Fort Worth 'Texas 76119 City State Zip 117-582-20b0 X317-595-4900 Phone Number Fax Number James Schumacher Contact Person FORM H COMM.V.11.18.15 Exhibit "B" 9WH,Oard Cooperative pvrehasiag 12007 Research Boulevard°Austin,Texas 78759-2439 PH.,800-695-2919°FAX:800-211-5454 ,www.buyboard.com DEALERSHIP LISTINGS 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 Company Name 5750 Forth Sam Houston Parkway,East#1103 Address Houston Texas 77032 City State Zip 713-9978547 251-372-0014 � - Phone Number Fax Number Stephen Cambiano Contact Person Company Name Address City State Zip Phone Number Fax Number Contact Person FORM H COMMIV111,18.15 Exhibit trB" RWBoard ' i CnaperatIve Pimchasing 12007 Research Boulevard°Austin,Texas 78759-2439 PH;800-695-2919 •FAX;800-211-5454°www.buyboard.com I[EXAS 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"insthis form and in the State Service Designation form)offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must 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 service only states other than Texas),you must so Indicate on this form. Regional Education Service Centers ® I will service Texas Cooperative members statewide. J ❑ I will not service Texas a, Cooperative members statewide. I will only service members in the regions checked below: Rg ion U„eadquarters 1 Edinburg 2 Corpus Christi �„ t. �I,. _ ` `w �'� ❑ 3 Victoria 9 r� w` � ,i�1 ❑ 4 Houston Bea umont „ 6 Huntsville Kilgore r ❑ 8 Mount Pleasant (-A; 9 Wichita Falls D 10 Richardson ` �" '! `` ❑ 11 Fort Worth 12 Waco i,�— 2`..= � ❑ 13 Austin t�'"i ' �� ( ❑ I4 Abilene Y y ❑ 15 San Angelo -:~;�.�����^''; ❑ 16 Amarillo Smith Pu �p Company,Inc. ❑ 17 Lubbock Company me �- _ �� ❑ 18 Midland ❑ 19 EI Paso ❑ 20 San Antonio Signa re of Auth�6zed Company Official le,n Radtke ❑ is will not service members Printed Name of the Texas Cooperative, FORM I Exhibit 11 B 11 cOMM.V.11,I8.15 ` 9MBoard Caoperatlire Purchasing 12007 Research Boulevard°Austin,Texas 78759-2439 PH.-800-695-2919 a FAX:804.211-5454°www.buybmrd.eom STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the united States, Including 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., If you plan to serWce Texas Cooperative members, be sure that you complete the Teams Reglonal Sign ce Leslgnatlon form.) ❑ 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 ❑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 ❑ Georgia n Oklahoma ❑ Hawaii Q 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 ❑ Mississippi ❑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 Pump Company,Inc. Company Name 4 Jean Radtke Signat e of Autho ed Company Official Printed Name FORM] Exhibit r r B r r COMM.V.11.18,15 cooperative Purchasing 12007 Research Boulevard a Austin,Texas 78759-2439 PH:800-695-2919°FAX:800-211-5454°wwwr.buyboard.com NAMNAL PURCHASING CWPERATIVE'VENDoR AWARD AGREEMENT 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: 1. Vendor acknowledges that If The Local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation ("underlying Awardl, the National Purchasing Cooperative ("National Cooperative's may- but Is not:required to-"piggy-back"on or re-award all or a portion of that Underlying Award ("Piggy-Back Award's. By signing this National 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-Back Award, which award shall commence on the effective date stated In the Notice and end on the expiration date of the Undedying Award, subject to annual renewals as authorized In writing by the BuyBoard Administrator, Vendor agrees that no further signature or other action Is required of Vendor in order for the Plggy-Back Award and this Agreement:to be binding upon Vendor. Vendor further agrees that no Interlineations 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 requlred 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. 4, Vendor hereby agrees and confirms 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-Sack 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. FORM K-PAGE 1 C©MM.V.11.18,15 Exhibit rtBrt► l `r 4%j7C00PVr0t1YV b9ging 12007 Research Boulevard°Austin,Texas 76759-2439 PH:800-595-2919 °FAX:800-211-5454 ,www.buyboard.com 6. Vendor agrees that the Underlying Award,Including its General Terms and Conditions,are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/oontract 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 responsibilities that would ordinarily Inure to 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 Texas 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 govemed 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. Smith Pump Company,Inc. 509-16 Name of Ve dor Proposal Invitation Number jean Radtke Sign re of Authifrized Company Official Printed Name of Authorized Company Official 2/16/16 Date FORM K—PAGE 2 COMM.V.11.18.15 Exhibit "B" I ear Fapera8lve pUrch"1ng 12002 Researdi boulevard°Ausdn,Texas 78759-2439 PH:800.695-2919°FAX:800-211-54..54-www.buyboard.c©m �r �E4ERAt.A1Vd.S AT`E P11RCliA IIYC�Ct?OpE FL4'13VE D t1NI COMPARISON FORM The 1 ►adve strives to provide Its members with the Hest services and Cooperative determines whether prices/discounts are fair and reasonable b your Proposal with pdcesjdiscounts you offer federal p u�at the best prices available. The your Proposal referred to as"Purchasing is oao Y oornparing Prices/discounts co stated #n and state entities and other Interlocal purchasing cooperatives 9 Perative"In#FIs form), Please respond to the following questions. �. Provide the dollar value of saps to or through purchasing cooperatives a market prig during the previous 12-month period or the last fiscal year: tar based on an established catalog yr Period of the 12 month period is 1 $ (The measure of the sales, provide and d °---�,.._. — In the event that a dollar value Is not an appropriate describe your own measure of the sales of the Item(s). 2. Based on your written discounting the best Price you offer other purhasing cooperatives eslicies are the discounts a u acquiring you offer the Cooperative equal to or better than and conditions? �I ng the same items regardless of quantity or terms YESEI N0ED 3. Based on your written discounting Policies, provide the (nFormaton requested below for other purchasing cooperatives, either In the chart below or Wan equivalent format, Rows should be many Purchasing moperadves as required, added to accommodate as PURCHASING GROUP 1, FederaI General Services Adm. DISCOUNT(�/v) QUAry Y/VOLUME POB TERM rf 2.7 PASS 3. U.S.Communities Pu►'t has#ng Alliance 4.The Cooperative Purchasing Network S. Houston-Galveston Area Council 6.Other Q MY COMPANY DOES NO7 CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS CURRENT BL►y80 RD VE�.DO_S If you are a current BuyBoard vendor, indicate the discount discount In this Proposal, Explain any difference between Your current curr nt a dor Your Proent posed disc contract and the proposed Current Discount(%); varies nd proposed discounts, Proposed Discount{a/o}: varies BY signature below,I certify that the above is true,complete and ac to make this certirIcation, curate and that I am authorized by my company p Y Smith Pump Company,Inc, Company Name V orized Company Official lean Radtke L. E+v Printed Name s xhibit 'r.8" COMM.v.11.18.15 arde �1 CaopBi>�>ve I�urchasJrtg 12007 Research Boulevard°Austin,Texas 78759-2439 PH,800-695-2919 , FAX:800-211-5454°www.buyboard.com GOVERNMENTAL REFERENCES AND PRICE MISCOUNT YNFORMA I N 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 cantact f!hone# DisgWnt l e F-00 Drrn 1. 2 City of Fort Worth Tim Cain 817 392 4906 87015105 $100,000.00 destination 3. City of Corpus Christ David Kukoda 361 826 1880 5761114E $100,000.00 destination 4. Cityo f Fort Worth-Water Jane Rogers 817 392 8395 $72/108 8100,000.00 destination 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[Z NOM If YES, please explain; in competitive bid situations,Nye 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 male this certification. Smith Pump Company,Inc. Company Name Signature of Authorized Company Official Jean Radtke Printed Name FORM M Exhibit "B" COMM.V.11.18.15 &UBoard coop mthqu mrrUjawna 12007 Research Boulevard°Austin,Texas 78759-2439 PH:800-695-2919°SAX:800-211-5454°wm.buyboard-mm MARKETING STRATEGY For your Proposal to be considered,you mint submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. ( nap/°: How your company w111 initially Inform Cooperative members of your 8WBoard contract;and how you w111 contlnue to support Me BuyBoard for the duration of the contract period.) Attach additional pages if necessary. We are currently developing a brochure/flyer to hand out to our customers and to purchasing agents. � Our salesmen attend 6-10 trade shows annually and disWay Buyboard in Q1lILbooth. Smith Pump Company,Inc. Company Name Sign Lure of Authodzed Company Official jean Radtke Printed Name FARM IV Exhib�.t f 1 B 1 f C4MM.V.11.18.15 oar ;�=;�';:,. CoaPeratlrre Purchasing 12007 Research Boulevard°Austin,Texas 78759-2439 PH:BOD-595•-2919 °FAX: 800211.5454 °www.buyhoard.com CONFIDENTIAL IPROPRIETARY INFORMATION FORM �. Pu114 @I,F&tostuse WWs 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 Informabon Act (Texas Govemment 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? � ,a check( one of the folljo i : NO,I certify that none of the information Included with this Proposal is considered confidential or proprietary. YES,I certify that this Proposal contains information considered confidential 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, Ust each page number, form number, or other Information suffident 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 proprietary. Confidential/Proprietary Information: List pricing is confidential. (Attach addltlonal sheets If needed.) FORM O-PAGE 1 COMM.V.11.18.15 Exhibit "B" gwsoardo Cooperative Purcbasingr 12407 Research Boulevard°Austin,Texas 78759-2439 PN:800-695-2919°FAX:800-211-5454°www.bw/board.com �*COPY�� �Ii1fXA1'i113�011 f Does your Proposal(including forms,documentation, or other materials submitted with the Proposal)contain copyright:information7 p1ei9! check,£)one of-the gIgiY na; nx 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.information. If you responded"YES", Identify below the specific documents or pages containing copyright information. Copyright information: (Attach eddltronal sheets If needed:) se �a se nfi a eta n o rt! :.0 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 BuyBoard contract award constitutes your consent to the disdosure of such information to BuyEwrd members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor Its Administrator will be responsible for the use or distribution of Information by BuyBoard members or any other party. By signature below, X 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 Lure of Authorized Company Official can Radtke Printed Name 2/15/16 _ Date FORM O—PAGE 2 Exhibit "13" �13 t r COMPIN.11.18.15 &7Hoard W IV Conperative O.'r. 12007 Research Boulevard°Austin,Texas 78759-2439 PH;800-695-2919°FAX:800-211-5454°www.buyboard.com VENDO - SAME FORM By submitting a Proposal, Proposer Is seeking to enter Into a legal contrast with the Cooperative, its such a Proposer must be an Individual or legal business entity capable of entering In ba a binding contract. Proposers, must completely and accurately provide the Information requested below or your Proposal may be deemed non-responsive. y Name of Proposing Company; mith um C m an Inc. (Ust the ARd name of the company � Such fnformabon May be Y seeking to contract ivlth the Cooperative, Do Y pro�ded below, Jf you are submktin a 'Intro �Pl J/st an assurred name,dba,aka,eta here, or sorvices, each subm/tting entity should complete a seaarate vendorJnformaltJoform, SepaenW to pros�lde the same proposed good even/f ali`l/fated entities,4*1c*propose to provide goads or service s Y operating/ego/business ent/tles, separately must submit their own Proposals) Pim sheik ld10 of the folf�QVID9 of euslness; individual/Sole proprietor Corporation _ x Llmlted Uability Company Partnership - Other —6, If other, Identify Skate of Incorporation(if aPmficable); Texas Federal Employer Identification Number; 74-1460081 (Vendor must include a completed IRs W 9 foJrn rvifh their proposal List the Name(s) by which Vendor, If awarded, wishes to be Identified on the BuyBoard: (Note. &dih'eren a the Name of ftPos/ng Company listed above, only r.apY ofYour Assum,°d Name CerfiFicate( valid trade names(dba,aka, etc)of the Proposing Company may be used and s),if applicable,must be attached.) FORM p {exhibit "B" COMM.V.11.18.15 A � • oar cooperative purchasing CID 12007 Research Boulevard°Austin,Texas 78759.2439 PH.800-695-2919°FAX-,800-2115454.www.buyboard.com EDGAR VENDOR CERTIFICATION FORM (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and 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 conditions, to address the member's specific contractual needs,Including contract requirements for a procurement using federal grants or contracts. For pack of the Items belorrv, Vendor should certify Vendors agreement and ablIlty to comply, where applicable, by having Vendors authorized representative dreck and /nidal the applicable boxes and sign the acknowledgment at the end of this farm. If you fall to complete any item In thfs form, the Cooperative will consider and may list the Vendors response on the BuyBoard as "N0,0 the Vendor Is unable or anw1111ng 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. y 1. Vendor Violation or Breach of Contrast Terms.- Contracts for more than the simplified acquisition threshold currently set at $150,000, which Is the inflation adjusted amount determined by the Civillan Agency Acquisition Council and the Defense Acquisition Regulations Council (Coundls) 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 Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperabve 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 BuyBoard 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 agree to the above. (Initial: ,_ ) NO,I do OT agree to the above. (Inibal:JCR } ��ca FORM Q-PAGE 1 Exhibit "B" COMMNJI.18.15 k7 CQ011etetive PUrGhASI►Ig 12007 Research Boulevard°Austin,Texas 787592439 PH.800695-2919°FAX:800-211-5454 °www.buyboard.com 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,400 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, with or wlthout cause,by providing seven(7)business days advance written norYce to the Vendor If[tits Agreement Is terminated In accordance w/th bfiis Paragraph, the Cooperative member shall only be retiqulred to pay vendor forgoods or services delivered to the Cooperative member prior to bye teonlnation and not otherwise returned In accordance wtth Vendors return policy. If the Cooperative member has paid Vendor for goods or.senlces not yet proNded as of the date of ten»Ination, Vendor shall immediately refund such payment(s) If an alternate provision for termination of a Cooperative member purchase for cause and convenlence Induding the manner by which It will be effected and the basis for settlement, Is included In the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor,the Cooperative member's provision shall control. Vendor Certification,Item 2(Termination for Cause or Convenience): ❑ YES,I free to the above. (Initial: ) r a NO,I do�agree to the above. (Initial:JfR.) 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that "federally assisted construction contract"In 41 CF meet the definition of R Part 60-1.3 shall be deemed to Include the equal opportunity clause provided under 41 CFR 60-1.4(b), In accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 123191 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11245 Relating to Equal Employment Opportunity," and Implementing regulations at 41 CFR Part 60, "office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) Is hereby Incorporated by reference. Vendor agrees that such provision appfles to any Cooperative member purchase or contract that meets the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor agrees that It shall comply with such provision. Vendor Certification,Item 3(Equal Employment Opportunity): 2 YES, I AWN—to the above. (Initial: J R j ❑ NO,I do OT agree to the above. (Initial: ,w FORM Q—MAGE 2 COMMN111.18,15 Exhibit ?W1 Caope�tive PurcdrasJn� ��., 12007 Research Boulevard-Austin,Texas 787592439 PH:800-695-2919°FAX:800.211-5454 °www.buyboard.com 4, Davis-Bacon Act.- When ct;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 Davls-Bacon Act(40 USC 31413144, 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 laborers and mechanics at a rate not less than the prevailing wages specified In a wage determinate made 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 applies,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): U YES,I ac m to the above. (Initial: Jam_) a NO,I do V T agree to the above. (Initial: 5. Contract Mork 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 5), 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 basicnratebof le provided that the worker is excess of 40 hours In the work week. The pay for all hours worked in requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work In surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of Intelligence, Vendor Certification,Item 5(Contract Work Hours and Safety Standards Act): YES,I agree to the above. (Initial: JQR El NO,I do N01 agree to the above. (Initial: FORM "AGE 3 r�::i•. Exhibit "1311 COMM.V.1.1.18.15 r � z rir operative Purchaslag 1.2007 Research Boulevard °Austin,Texas 78759••2439 PN:800-695-2919°FAX:BUD-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 the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subreciplent must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Govemment Grants, Contrails and Cooperative Agreements," and any Implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Vendor Certification,Iters 6(Right to Inventions Made Under a Contract or Agreement): YES,I free to the above. (Initial: Cf R ) ❑ NO,I do NOT agree to the above. (Initial:-_,,,_,,,,_) 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act-(42 USC 7401-7671q.) 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 12511387). 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): ® YES,I Agee to the above. (Initial: TCR ) ❑ NO,I do N_OT agree to the above. (Initial: 8. Debarment and Suspension: Debarment and Suspension(Executive Orders 12549 and 12689)w-A contract award(see 2 CFR 180.220) must not be made to parties listed on the govemment-wide exclusions In the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that Implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12589 (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. S FORM Q-PAGE 4 COMMN.11.18.15 .Exhibit "B" RN7Board 1 yp�x•,t,�: cooperative Ptrrchaslng .. 12007 Research Boulevard°Austin,Texas 78759-2439 PH: 800-695-2919°FAX:800-211-5454 a www,buyboard.com Vendor certifies that Vendor is not currently listed on the government-wide exclusions In SANT, Is not debarred, suspended, or otherwise excluded by agencies or declared Ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to Immediately notify the j Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if 1 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-8(Debarment and Suspension): YES,I jig /certify to the above. (Initial: 1: [j NO,I do d01 agree/certify to the above. (Initial: 9, Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that appy 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 attempting 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 „ Y� that takes place In connection with obtaining any Federal award, Such disclosures are forwarded from der 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 Anti-Lobbying Amendment(31 USC 1352). Vendor Certification,Item 9(Byrd Anti-Lobbying Amendment): IN YES,I agree to the above. (Initial: jCR ) ❑ Na,I do NOT 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 Information and certifications as a Cooperative member may require to confirm estimates and otherwise comply, The requirements of Section 6002 Include procuring only items designated In guidelines of the Environmental Protection Agency(EFA)at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory 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 maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. FORM Q--PAGE 5 COMM.V.11.18.15 r Exhibit "B" .4�1 LjPID78oard �•f.. cooperative Purcfia 0flo Sri:• 12007 Research Boulevard"Austin,`texas 78759-2439 PH:800-8952919 °FAX:800-211-5454 o www,buyboard.com Vendor Certification,Item 10(Procurement of Recovered Materials): IKI YES,I ag to the above, (Initial: JCR} D NO,I do1M agree to the above. (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 pace 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): 0� YES,I agree to the above, (Initial: JCR ❑ NOI do V01 agree to the above. (Initial: 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 Cooperation with Cooperative Members): ® YES,I agree to the above. (Initiai: JCR ❑ NO,I do NOY,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 cerdfication and all consents and agreements contained herein. Smith Pump Company,Inc. Com y Name .,,, S3 are of Authorized Company official Jean Radtke W11,11, '` Printed Name FORM Q-PAGE 6 Exhibit "B" COMM.V.11.18.15 &U78oard Cooperative Purchasing n ' 12007 Research Boulevard'Austin,Texas 78759-2439 PH:80x695-2919•FAX:800-211-5454°www.buyboard.com REEQ,,UIRED FORMS CHECKLIST (Please check(v)the following) CQMp�ems:Proposers Agreement and Signature(Form A) CaM&epi:Vendor Purchase Order,Request for Quotes,and Invoice Receipt Options(Form g) Com e ed: Felony Conviction Disclosure and Debarment Certification(Farm Q Completed: Resident/Nonresident Certification(Form D) Corn a ed: Historically underutilized Business(HUB)Certification(Form E) �jCompLet :Affirmation Regarding Construction Related Goods and Services(Form F) m feted: Deviation/Compliance Signature Form(Form G) Corn le ed: Dealership Listings(Form H) !Qgmpje :Texas Regional Service Designation(Form 1) Co fie d:State Service Designation(Form 3) Cgmplefled: National Purchasing Cooperative Vendor Award Agreement(Form K) ( Complete d, Federal and State/Purchasing Cooperative Discount Comparison Form(Form L) m feted:Governmental References and Price/Discount Information(Form M) f Completed: Marketing Strategy(Form N) [✓] Completed:Confidential/Proprietary Information Form(Form 0) [. Completed:Vendor Business Name Form with IRS Form W-9(Form P) [� Comoleted., EDGAR Vendor Certification Form(Form Q) Completed: Forms Checklist(form R) Completed, Proposal Specification Form with Catalogs/Pricelists(Form S) LbbJhgS.iA(t�llSiis mus#&-subm)md Wffi pmpW1�Wvw ormvom iv#1 not be Ww4Y&&' FORM R COMM.V.11.18.15 ` Exhibit "B" Board' Proposal Invitation No.509-16-Water and Wastewater Pumps and Motors (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered I.) State Discount Exceptions to Item Percent(%)off State Name of Discount No. Short Description Full Description Catalog/Pricelist' Catalog/Pricelistl Percent(%) 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 manufacturers listed on the attachment sheet must indicate per manufacturer the line item that correlates to Proposal Specification Form(Form S)or Vendor's proposal may not be considered. Products Discount o Catalog/Pricelist for Discount(%)Off Catalog/Pricelist for Water and Wastewater 1 Water and Pumps-Wholesale Product Line and related products. S 210 LIberty Wastewater Pumps- Please state the discount(%)off catalog/pricelist. Zoeller Wholesale Product Catalog/Pricelist MUST be Included or proposal will not be considered. Discount %)Off 20%Sewage ' , rve Catalog/Pricelist for Discount(%)Off Catalog/Pricelist for Water and Wastewater Ium P Zoeller 10%Vertical'Turbine ocllcr TI's over 20"bow. 2 Water and Pumps-Engineered Product Line and related products. 20 split lit case Wastewater Pumps- Please state the discount(%)off catalog/pricelist. �' Tsurumi p Engineered Product Catalog/Pricelist MUST be included or proposal will not be considered. BJM Line Discount(%)Off Discount(%)Off Catalog/Pricelist for Parts for Water and Catalog/Pricelist for Wastewater Pumps and Motors and related products. 107 o Flowserve Clarification: 3 Parts for Water and /o Wastewater Pumps Please state the discount(%)off catalog/pricelist. —'� List x 1.30 and Motors Catalog/Pricelist MUST be included or proposal will not be considered. Discount(%)Off Catalog/Pricelist for Discount(%)Off Catalog/Pricelist for Package Residential and 4 Package Residential Commercial Waste Grinder Station and related products. 8 % Smith(lump l'rocuc and Commercial Please state the discount(%)off catalog/pricelist. �— Waste Grinder Catalog/Pricelist MUST be included or proposal will not be considered. Station PROPOSAL NOTE 1.Catalogs/Prtcetists are requted to be sub rrxtted with Proposal. PROPOSAL SPECIFICATION FORM Page 1 of 2 FORM S Exhibit "B" Board' Proposal Invitation No.509-16-Water and Wastewater Pumps and Motors (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered .) State Discount Exceptions to Item Percent(%)off State Name of Discount No. Short Description Full Description Catalog/Pricelist' Catalog/Pricelisti Percent(%) Discount(%)Off Catalog/Pricelist for Discount(%)Off Catalog/Pricelist for All Other Water and 5 All Other Water and Wastewater Pumps and Motor Related Products. Please List ayQ USEM Wastewater Pumps state the discount(%)off catalog/pricelist. catalog/arkwist Muse TECO Special motors and Motor Related be included or proposal will not be considered. Products Exceptions to Not to Exceed Hourly Detailed Information Hourly Labor S on : Installation and Repair Service Labor Rate on Hourly Labor Rate Rate Not to EXCeed Hourly Labor Rate Hourly Labor Rate for Installation/Repair Service of for RT=regular time Water and Wastewater Pumps and Motors—State the Not gq R'j' /Hour OT=overtime 6 Installation/Repair $ Service of Water and�-�d hourly labor rate for InstallationJRepairServlce of Equipment and Products. S 126 OT /hour Wastewater Pumps land M=rs 7 Fired Rate Rate to pull a submersible well pump under 18"diameter $3200.00 bowl and less than 1000'feet deep. 8 Fixed Rate Rate to teardown/inpsect/report and quote vertical turbine S1200.00 pump for repair. Under 18"diameter bowl assembly 9 Fixed Rate Rate to pull Vertical Turbine Pump,less than 30'deep $2240.00 and under 18"diameter,and less than 250 lip PROP05AL NOTE 1.eataio wrfeelists are required to be submitted with Proposal. PROPOSAL SPECIFICATION FORM 2 dabnr rates may increase annually not to exceed 3%per year. Page 2 of 2 FORM S ww Exhibit "B" Melonie Perry From: Jean Radtke<jeanr@smithpump.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.Perry@tasb.ore>wrote: I need an answer to this please. Thank you. From:Melonie Perry Sent: Friday,April 01,201610:59 AM To:'jeanr@smithpump.com'<'eanWsmithoumo.com> Subject:BuyBoard Please clarify the discount on item number 3 for Flowserve. Please see attached. Thank you. Melonle Perry BuyBoard Bid Administrator Phone:800.695-2919 Fax:800.211-5454 E-Mail;melorile.nerrvC@tasb.org <2016_04_01_10_56_28.pH> Exhibit "B" i aaa 1400Persure Purc6asm y P.O.Box 400 Austin,T)(78767-0400 800.695.2919/512.467.0222/fax:800.211.5454 buybovd.com June 14, 2017 Jean Radtke Sent via email to: jean r amsmithpump,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 under Water & Wastewater Pumps & Motors, Contract 509-16, effective Jul company a contract June 30, 2017, with two possible one-year renewals. At this time we y 1, 2016 through contract throw h June 30 2018. are renewinour All discounts, terms, and conditions of your contract will remain the same. If renewal, there is nothing you need to do. However, if you do not agree to this rene agree to this notify me immediately via email at con nie.burkett@tasb.org, wal, you must Reminder: Once a BuyBoard contract is awarded, vendors mustenerste a minimum of $15,000 annually or they may not be offered a contract renewal. Eva annually, prior to the expiration date of the contract term, and the BuyBoard dreses will be made discontinue the vendors contract at that time. rves the right to Additionally, all purchase orders must be processed through the Bu expressly authorized in writing by the Cooperative's administratBor$ Y Except as authorized to process a purchase order received directly from a Cooperative are not Accepting orders directly from a member entity without Cooperative authorization is member. of the terms of your contract. We request your assistance in immediate) forwardingration is a violation received directly from member entities. Purchase orders may be sent to us ithrany orders 211-5454) or by email (info bu board.com). If by chance an order sen they by fax (800- been unintentionally processed, please forward it to the Cooperative and t directly to you has ONLY to prevent duplication. note it as RECORD If you have questions or comments concerning this renewal, please con tact Possible at connie.burkett@tasb.org. We appreciate your interest in The Local soonas Purchasing Cooperative, cal Goo vernmenntt Sincerely, Connie W Burkett, CTSBS Contract Administrator Exhibit "B" The L ocai Goner,intent Yu,d1asurg Cnoperali ve is endorsed by the Texas Association of Sclroc?i B cards ;11 M1 Q T* texas blonici a/t eague, Tex?s.4ssorialion of Counties and the texas Association of School Administrators i