BCRUA_R-23-04-26-5A RESOLUTION NO. R-23-04-26-5A
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. (`'BCRUA") desires
to purchase a 36-Inch ductile-iron pipe for the Underwater Pipeline Improvements Project; and
WHEREAS, Chapter 271, Subchapter I= of the Texas Local Government Code allows for
local governments to participate in cooperative purchasing programs with other local
governments, and
WHEREAS, the Buy Board Cooperative Purchasing Program (`Buy Board") is a
cooperative purchasing program administered by the Texas Association of School Boards for the
purpose of procuring goods and services for its members, and
WHEREAS, the BCRUA is a member of Buy Board; and
WHEREAS, Smith Pump Company, Inc. is an approved vendor of the Buy Board; and
WHEREAS, the BCRUA wishes to issue a purchase order to Smith Pump Company,
Inc. to purchase said goods through Buy Board, Now Therefore
BE IT RESOLVED BV THE BOARD OF DIRECTORS OF THE BRUSHY
CREEK REGIONAL UTILITY AUTHORITY:
That, subject to the approval of'the Participating Cities, the General Manager is hereby
authorized and directed to issue a purchase order to Smith Pump Company, Inc. for the purchase
of a 36-Inch ductile-iron pipe for the Underwater Pipeline Improvements Project.
The Board hereby finds and declares that written notice of the date, hour, place and
subject of' the meeting at which this Resolution was adopted was posted and that such meeting
was open to the public as required by law at all times during which this Resolution and the
subject matter hereof were discussed, considered and formally acted upon, all as required by the
Open Meetings Act, Chapter 55 1, Texas Government Code, as amended.
RESOLVED this 26th day of April, 2023.
ANNE DUFFY, Presi e
Brushy Creek Regiona U ility Authority
ATTEST:
NA'COLE THOMPSON, Secretary
p Smith Pump Company, Inc.
301 MB Industrial Blvd
Waco,TX 76712 US
Phone: 800-299-8909 Quote No: 35965
Fax: 254-776-0023
O www.smithpump.com Tuesday,April ii, 2023 Page:: 11
Prepared For: Jason Brian sh4wft:Jason Brian
Brushy Creek Regional Utility Authoritl Brushy Creek Regional Utility Authority
BCRUA Brushy Creek Region BCRUA Brushy Creek Region
1906 Hur Industrial Blvd. 1906 Hur Industrial Blvd.
Cedar Park,TX 78613 Cedar Park,TX 78613
Shipping Method Frelght Terms Payment Terms Salesperson:
Bestway F08 Shipping Point 3%10 Days TXCEN-Jeff Mdiattie
Quoted per BuyBoard Contract Number 672-22.
Smith Pump offers a discount of 3%if payment is made in 10 Days from Date of Invoice.
Thank you for the opportunity to present our quotation for your upcoming project.Please give us a call if you
require additional information.
Sincerely,
Trent Brown
trentb@smithpump.com
Lige: 1 Part.W: 0977-M Rev: 0
UW Pipeline-Pipe
1. 36-In CL250 Ball-and-Socket Joint ductile-iron pipe(DIP)Pipeline
a. Work Included: Cost of supplying and delivering 36-In CL250 Ball-and-Socket Joint
DIP Pipe. Includes manufacture, loading,transport,and offloading pipe and all
necessary appurtenances at a site near Leander,Texas.
b. Measurement: Linear Foot(LF).
c. Quantity: 1,400 LF
2. 36-In CL250 Ball-and-Socket Joint ductile-iron pipe(DIP)- 5 LF Segment
a. Work Included: Cost of supplying and delivering a 5 linear foot segment of 36-In
CL250 Ball-and-Socket Joint DIP Pipe. Includes manufacture, loading,transport,and
offloading pipe and all necessary appurtenances at a site near Leander,Texas.
b. Measurement: Per Each(EA).
c. Quantity: 1 EA
3. 36-In CL250 Ball-and-Socket Joint ductile-iron pipe(DIP) - 10 LF Segment
a. Work Included: Cost of supplying and delivering a 10 linear foot segment of 36-In
CL250 Ball-and-Socket Joint DIP Pipe. Includes manufacture, loading,transport, and
offloading pipe and all necessary appurtenances at a site near Leander,Texas.
b. Measurement: Per Each(EA).
c. Quantity: 1 EA
4. 36-In CL250 Ball x Flange Closure Piece.
a. Work Included: Cost of supplying and delivering 36-In CL250 Ball x Flange Closure
Piece. Includes manufacture, loading,transport, and offloading pipe fitting at a site
near Leander,Texas.
b. Measurement: Per Each(EA).
c. Quantity: 1 EA
S. 36-In CL250 Socket x Flange Closure Piece.
a. Work Included: Cost of supplying and delivering 36-In CL250 Socket x Flange
Closure Piece. Includes manufacture, loading,transport, and offloading pipe fitting
at a site near Leander,Texas.
b. Measurement: Per Each(EA).
7) 7r.. r
p Smith Pump Company, Inc.
301 MB Industrial Blvd
Waco,TX 76712 US
Phone: 800-299-8909 Quote No: 35965
Fax: 254-776-0023
www.smithpump.com Tuesday,April 11, 2023
Page: 2
c. Quantity: 1 EA
Quantify 41M Unit Price Discount Discounted Line Price
Unit Price
1.00 EA 2,295,850.00 68,875.50 2,226,974.50 $2,226,974.50-
*
2,226,974.50"*Indicates which quantity price is included in the Total Total: $2,226,974.50
Prices are Valid Until Thursday, Ma 1 3
ACCEPTED BY: (� )
PRINTED NAME: v
k� +
PURCHASE ORDER(IF A`PPLI�CABLE):
SIGNED ON DATE: A K 4
This quotation is made in accordance to BuyBoard Contract Number 672-22.
p Smith Pump Company, Inc.
301 MB Industrial Blvd
Waco,TX 76712 US
Phone: 800-299-8909 Quote No: 35965
Fax: 254-776-0023
1, 2023
www.smithpump.com Tuesday,April iPage:Pa1
Terms and Conditions
I Aooicablfdv-These Terms and Conditions of Sale('Terms")shall govern all saps of equipment or services to Customer.These Terms supersede any prior written or oral agreement,understanding,
representation or promise and arry pre-ported or standard terms and conditions contained In Custonw's request for quote,purchase order,it orce,order acknwvledgenKnt or similar document.
These Turns may not be amended,suppknented,changed or modified except by cam urrent or subsequent written a9menhtnt signed by an authorized repcesentative of both Smith Pump Company
('.PCO")and Customer-SPCCrs acknowledgement of Custorefs purchase order stag not constitute acceDtarct Of any terms or conditions contained therein which are in any way inconsistent with
the Terms.Any additional or different terms or conditions included in any acceptance of this quotation are expressly disclaimed and rejected in advance,and unless there Is poor mutual agreement
otherwise,stall not become a part of any co nit iesul ng from this quotation.
2 QriCe,_-Unless otherwise stated in this quotation,all prices are POB shipping pont A I transportation,insurance and similar charges Indent to delivery shad be borne by the Customer.This quotation
Is valid for thirty(30)days only.Shpping dates are approximate and are based on prompt recelpt of all necessary information in the case of delay in furnishing complete Information to SPCO,dates
of shipment may be extended for a reasonable the.In the event SPCO provides transport services,Mese will be quoted as a lump sun price based on destinalon and shipping mode.
In the event Customer requests a delay or suspension in the completion and/or shipment of equipment or services covered by this quotation,or any part themed,for any reason,the parties shag
agree upon arty cost and/or scheduling Impact of such delay and all such casts to Customer's account.Any dewy period beyond thirty(30)days after original scheduled shipment date shag require
Customer to(I)take title and risk of loss of any equipment covens by this quotation,and(d)make arrangements for the storage of such equipment with.PCO or offer party.SPCO's invoice,which
is contractually,based on shipment,shall be issued upon.PCO's madness to ship the equipment covered by this quotation.
SPCO shag not be Mable for delay and delMry due to causes beyond its reasonable con"inchading,but not limited to,acts of God,acts of government,acts or Customer,fires,labor disputes,
boycotts,floods,epidemics,quarantine restrictions,war,nsurrection,terrorism,dol,Civil or military authority,height embargos,transportation shortages or delays,unusually severe weather or
rnabillty to obtain necessary labor,materials or manufactunng facititles due to such causes.In the event of any such delay,the date of delivery stag be extended for a length of time equal to the
period of the delay.
3 Warranty-SPCO warrants new equipment or parts to be free from defects in matelots and workmanship for a period of eighteen(18)months from the date of shipment of twelve(12)months from
the date of startup or initial use,whichever comes first.SPCO SHALL NOT 6E RESPONSIBLE FOR ANY CONSEQUENTIAL,INCIDENTAL,SPECIAL OR LIQUIDATED DAMAGES.NO DTRESSED OR
IMPLIED WARRANTY OF 14ERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY Repairs performed by SPCA are warranted against defects In workmanship and/or materials
for a period of twelve(12)months from the date of shipment.SPCO will not be responsible dor any re morel or reinstallation charges or transportation charges in cases where equipment has failed
under these warranty conditions.SPC(Ys sole obligation and Customer's sok remedy under this warranty is repair or replacement at SPCO's election.Customer agrees to provide.PCO reasonable
and clear access to any equipment covered by this warranty which may include removal or materials or structures as well as supplying any equipment,materials or structures which are necessary to
provide reasonable access to the equipment being repalred or replaced.Costs to rM1C.e and/or remstall equipment for warranty Purposes shall be the responsibility of Customer.
Replacement parts or repairs furnished under this warranty stag be sub)ect to warranty provisions herein for the remaining warranty period.AN equipment repaired or replaced will be re-warranted
only for to rertaader of the original warranty period.SPCO does not warrant the equipment coered try this quotation or any repair/replacement part against the effects of erosion,corrosion,or
non al wear and tear due to operation or the environment.The warranty and remedies set forth herein are corditlahed upon proper storage,insta tion,use and traintenanKe of the equipment
covered by this quotation In all material respects,and In accordance with SPCOs written reconvnendations Customer Rust ratify SPCO In writing of any warranty claim during the warranty peridd or
within thirty(30)days thereafter.
SPCO will not be liable under this warranty If warranted goods have been exposed or subjected to any(1)maintenance,repair,Installation,handling,packaging,transportation,storage,operation,or
use which is improper or Otherwise not in compliance vrTh SPCO's Iria uclions,(2)alteration,modification or repair by anyone other than SPCO or those specifically authorized by SPCO,(3)accident,
contamination,foreign oI damage,abuse,neglect,or ntg8gence after shipment to Customer,(4)damage caused by failure of a SPCO suppled product not under warranty or by any nardware or
software not supplied by SPCC,(5)use or counterfeit or replacement parts that are not manufactured by the manufacturer of goods prodded by SPCO or approved by SPCO for use in goods
provided by SPCO,or(6)goods which are normaly,conwmed In operation or which have normal ICe nherenty snorter than the warranty period Includxhg,but not lied to,cosumabks(e.g.
amps,batteries,storage Capacitors).
4 NyMMI-Ag prices are net cash to be paid thirty(30)days after date of Invoice.Cust rrw agrees to make payment within that period.Discounts wit appy only as stated on the InvCKe,invoices
unpaid for a,irty(30)days after issuance shall bear interest at the highest awful rate due and payable on ant nmroiced account,which rs delinquent and not paid within the stated terms.Should
Cuslomtf for any reason fad to pay In accordance with these terms,Customer agrees to pay all collection costs,attorneys fees and expenses incurred in collecting payment.
If Customers Onancal condition is or becomes unsatisfaCtory to SPCO,SPCO reserves the right to(a)require Payinertt from Customer on a cash in advance basis,(b)require a iter of credit or other
acceptable security Wore shipment,(c)cancel shipment at any time prior to Oehery without further obligation or lability on SPCO's part,(d)terrnlnate any contract or obligation on the part of
SPCO,or(e)require other special payrnmt terms acceptable to SPCO to assure payment.All extensions of credit ane sub)ect to the approval of SPCO's credit deportment and management.
5. j9Mt_CP&K#gT:pKpj-R Custorre falls to pay laborers and materialmen within thirty(30)days after payment by SPCO,SPCO will have the right to make future payments by check payable Jointly to
Customer and Laborers or materalmen to the extent of unpaid udeloWness ansirg out of the job.SPCO will credit)oint checks against the contract sum on the next payment application.
6. Iattes-The amount of all federal,state or local taxes applicable to the sale,use,deivery or transportation of the equipment or services sold hereunder and all dubes,imports,tariffs,and other
similar levies shag be added to the contract price and paid by the Custorer except where the Customer shall furnish an appropriate certificate of exemption.
1 Property Damraot-SPCO shall not be responsible for damage to topsoil or groundco w in connection with the work or service performed under this contract.SPCO shall riot be responsible for
claims arising from the pumping of water onto the ground which is necessary in connection with the service or work provided by SPCO.The customer agrees to hold SPCO harrn ion from claims
ansi g out of damage caused by the pumping of water onto the ground.
8 Startup-it the equipment supplied pursuant to this quotation has a warranty requirement,qualified SPCO pGsonnel must be present during the initial equipment startup and conxrissionirg.
Failure to request and assure the presence of qualified SPCO personnel will veld any warranty herein.Requests for startup must occur at least seven(I)days prior to the scheduled date of the
startup.
o Limitation of Uab it -The remedies sot forth toren are exclusive and the total fab drty of SPCO with respect to Nis quotation,and any contract for goods or services arising from this qu cation,or
for any"ACh thereof,whiter based on contract,warranty,torts(Including negligence),Indemrrty, strict lability or otherwise,stall not exceed the quotation or sakS price Of the specific
equipment or Service which gives rise to the claim.
io SCIgg-All amounts that Customer owes SPCO under this quotation shall be due and payable 0 accordance with the tennis of the quotation.Customer shag not setdf such amounts or any portion
thereof,whether or not liquidated,against wens which Customer asserts are due to R,its parent,afNiatit%subsidiaries or Other division under other transactions with SPCO.
I I Customer Cancelatiorm-Customer may cancel this order only upon written notice and payment to$PCC•of reasonable and proper cancellation charges.In the event of Cancellation,Customer must
pay for all material,expense and labor costs incurred by.PCO n connection with the materials and services to be provided pursuant to this quotation,as well as as expenses reieting to any
specaly fabricated materials;and restocking charges.
12 A�nment-Neither party may assign this Order or any potion thereof without the advance,written consent of the other party,which consent shall not be unreasonably withheld.
13 W4hyer1SeytratNity •Failure by$PCO to assts all or any of its rights upon any txeach by Customer shall not be deemed a waiver of such rights elver with respect to such breach or any
subSequtrK breach,mor shat any waver be implied from the acceptance of any payment.No waiver of any right shall extend to or affect any other right Customer may possess nor shag such
waiver extend to any subsequent similar or dissimilar breach.
If any portion of these Terns are deterinned to be Illegal,invald or unenforceable for any reason,such pxovhsion sNA toe deemed stricken for time purposes Of the 66pute in question and all other
provislons shag remain in full force and effect.
14 ApphiAJ1k_La -The contract involving the sale of the equipment and services covered by this quotation shall be interpreted in accordance with the laws of the State of Texas.This contract is
performable in McLennan County,Texas and venue for any court action in any way reatng to or ansing out of tics contract shall be Mclennan County,Torras.
f
DATE: April 21, 2023
SUBJECT: BCRUA Board Meeting—April 26, 2023
ITEM: 5A. Consider a resolution authorizing the General Manager to purchase
approximately 1,400 Linear Foot of 36-Inch ductile-iron pipe from Smith Pump
Company, Inc., subject to the approval of the Participating Cities.
PRESENTER: Karen Bondy, General Manager
BACKGROUND:
BCRUA is replacing approximately 1,400 feet of a 36-inch underwater pipeline that conveys raw water
from the floating intake barge.To expedite the project,the Operating Committee is recommending that
BCRUA prepurchase the pipe materials.This will allow the pipe to be delivered earlier than if it was
ordered by the contractor after the construction contract is awarded. it is estimated that the
prepurchase will reduce the construction schedule by three months. Another advantage to expediting
the pipe purchase is accelerating the period for a 30-day shutdown of the raw water intake,such that it
will occur during a lower water demand period.
The purchase will be made through BuyBoard, a purchasing cooperative for municipalities. Buyboard
vendors have been vetted through a competitive procurement process, allowing award of contracts to
be expedited. This agreement is with Smith Pump Company, Inc. The pipeline procurement cost is
$2,226,974.50,which can be reduced to$2,160,165.27 if payment is made within 10 days of the invoice.
FUNDING:
Each owner city will use local funds for these improvements.
CERTIFICATE OF INTERESTED PARTIES
FORM 3.295
l of l
Complete Nos.1 -4 and 6 it there are Interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5 and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business.
2023-1010914
Smith Pump Company, Inc.
Waco, TX, TX United States Date Filed:
Name of governmental entity or state agency that Is a party tote contract for which o formTs- 04/24/2023
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract
672.22
Barge Pump Station Underwater Pil+eline
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Brown, Trent Waco,TX United States X
McHattie,Jeff Austin,TX United States X
5 Check only N there is NO Interested Party. El
6 UNSWORN DECLARATION
My name is Trent Brown and my date of birth is -
My address is 301 M-B Industrial Waco Tx 76712 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed In McLennan County, State of Texas on the 24thday of April 2023
tenth) (year)
Signature of auth nt of contracting business entity
(Oectarant)
Forms provided by Texas Ethics Commission www.ethics state.tx us Version V3.5 1.7bd106d4
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3,5,and 6 if there are no interested parties CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2023-1010914
Smith Pump Company, Inc.
Waco,TX,TX United States Date Filed.
2 Name of governmental entity or state agency that is a party tot the contract for which the forms 04/24/2023
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
04/25/2023
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
672-22
Manufacturing, loading, transport of Under Water Barge
4
Nature of interest
Name of interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Brown,Trent Waco,TX United States X
McHattie, Jeff Austin,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
;Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.7bd706d4