BCRUA-2025-026 - 8/27/2025RESOLUTION NO. BCRUA 2025-026
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. (`BCRUA") desires to retain
repair services for the BCRUA Booster Pump Repair Project; and
WHEREAS, said booster pump is necessary to preserve or protect the public health or safety of the
residents of Cedar Park, Leander, and Round Rock; and
WHEREAS, the procurement of said repair services do not require competitive bids, as provided
by § 252.022 of the Local Government Code; and
WHEREAS, Smith Pump Company, Inc. has submitted a quote and proposal to provide said repair
services; and
WHEREAS, the BCRUA desires to enter into an agreement with Smith Pump Company, Inc.,
to provide the repair services; Now Therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK
REGIONAL UTILITY AUTHORITY:
That the Board President is hereby authorized and directed to execute on behalf of the BCRUA
an Agreement Between the Brushy Creek Regional Utility Authority and Smith Pump Company, Inc.
for the Booster Pump Repair Project, a copy of said agreement being attached hereto as Exhibit "A"
and incorporated herein for all purposes.
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 551,
Texas Government Code, as amended.
RESOLVED this 27th day of August, 2025.
0330.4634-A:4919-2969-2001
�A-
ANNE D FFY, Preside t
Brushy Creek Regional IN til ty Authority
ATTEST:
NA'COLE THOMPS N, Secretary
EXHIBIT ®eaa
AGREEMENT BETWEEN THE
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
AND SMITH PUMP COMPANY, INC.
FOR THE BOOSTER PUMP REPAIR PROJECT
THIS AGREEMENT for repair services for the BCRUA Booster Pump Repair Project (the
"Project"), and for related goods (referred to herein as the "Agreement"), is made and entered
into on this the 27th day of the month of August, 2025 by and between the BRUSHY CREEK
REGIONAL UTILITY AUTHORITY, whose address is 1906 Hur Industrial Blvd. Cedar Park,
Tx. 78613 (referred to herein as "Owner"), and SMITH PUMP COMPANY, INC., whose
address is 301 MB Industrial Dr., Waco, TX 76712 (referred to herein as "Contractor").
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement, Scope of Work (referred to herein as
"Work" and Contract Sum (attached as Exhibit "A" and incorporated herein by reference for all
purposes), and any Modifications issued after the execution of this Agreement. These documents
collectively form the Contract and are as fully a part of the Contract as if attached to this
Agreement and repeated herein. The Contract represents the entire and integrated agreement
between the parties hereto and supersedes any prior negotiations, representations or agreements,
either written or oral.
ARTICLE 2
THE WORK OF THIS CONTRACT
Contractor shall fully execute the Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others.
ARTICLE 3:
DATE OF COMMENCEMENT; DATE OF FINAL COMPLETION.
3.1 The date of the commencement of the Work shall be the effective date of this Agreement.
Effective date of the Agreement is defined as the date upon which the binding signatures of both
parties to this Agreement are affixed.
3.2 Contractor shall receive Final Completion of the entire work no later than (__)
days from the Notice to Proceed. Final completion is defined as the stage in the progress of the
Work when, in Owner's opinion, the entire Work has been completed, Contractor's obligations
Smith Pump Company; Booster pump repair; 08.19.25 draft (002)
under the Contract Documents have been fulfilled, and Owner is processing or has made final
payment to Contractor, as evidenced by a Certificate of Acceptance approved by Owner.
ARTICLE 4
CONTRACT SUM
Owner shall pay Contractor the Contract Sum in current funds for Contractor's
performance of the Contract. The Contract Sum shall be � h
($ as set forth in Exhibit "A." YL ool - - - V
ARTICLE 5 1
PAYMENTS
5.1 Applications for Payment. Based upon Applications for payment submitted to Owner
by Contractor, Owner shall make progress payments on account of the Contract Sum to
Contractor as provided below.
5.1.1 The period covered by each Application for Payment shall be one calendar month
ending on the last day of the month.
5.1.2 Provided that an Application for Payment is received and accepted by Owner not
later than the tenth (101h) day of the month, Owner shall make payment to the Contractor
not later than the tenth (10'h) day of the next month. If an Application for payment is
received by received by Owner after the application date fixed above, payment shall be
made by Owner not later than one month after the Owner receives and accepts the
Application for Payment.
5.1.3 Each Application for Payment shall be based on the most recent schedule of
values submitted by Contractor in accordance with the Contract Documents. The
schedule of values shall allocate the entire Contract Sum among the various portions of
the Work. The schedule of values shall be prepared in such form and supported by such
data to substantiate its accuracy as Owner may require. This Schedule, unless objected to
by the Owner, shall be used as a basis for reviewing Contractor's Applications for
Payment.
5.1.4 Applications for Payment shall warrant the percentage of completion of each
portion of the Work as of the end of the period covered by the Application for Payment.
5.1.5 Except with Owner's prior written approval, Contractor shall not make advance
payments to suppliers for materials or equipment which have not been delivered and
stored at the site.
5.2 Final Payment.
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall
be made by Owner to Contractor when Contractor has fully performed the Contract
except for Contractor's responsibility to correct Work, and to satisfy other requirements,
if any, which extend beyond final payment.
5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days
after the Work is fully performed to the acceptance of the Owner. In no event shall final
payment be required to be made prior to thirty (30) days after all Work on the Contract
has been fully performed. Defects in the Work discovered prior to final payment shall be
treated as non -conforming Work and shall be corrected by Contractor prior to final
payment and shall not be treated as warranty items.
ARTICLE 6:
INSURANCE AND BONDS
6.1. Insurance Companies.
6.1.1 All insurance required by the Contract Documents shall be obtained from solvent
surety or insurance companies that are duly licensed by the State of Texas and authorized
to issue insurance policies for the limits and coverages required by the Contract
Documents.
6.2 Workers' Compensation Insurance Coverage.
6.2.1 Definitions:
.1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on the Project, for the duration
of the Project.
.2 Duration of the Project - includes the time from the beginning of the Work on
the Project until the Contractor's/ person's Work on the Project has been
completed and accepted by the Owner.
.3 Persons providing services on the Project ("subcontractor" herein) - includes
all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the Project, regardless of whether that person contracted
directly with the Contractor and regardless of whether that person has employees.
This includes, by way of illustration and not of limitation, independent
contractors, Subcontractors, leasing companies, motor carvers, owner -operators,
employees of any such entity, or employees of any entity which furnishes persons
to provide services on the Project. "Services" include, without limitation,
providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the Project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
6.2.2 Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of
Contractor providing services on the Project, for the duration of the Project.
6.2.3 Owner will not execute the Contract prior to Contractor providing all required
certificates of coverage.
6.2.4 If the coverage period shown on Contractor's current certificate of coverage ends
during the duration of the Project, Contractor must, prior to the end of the coverage
period, file a new certificate of coverage with Owner showing that coverage has been
extended.
6.2.5 Owner shall obtain from each person providing services on the Project, and
provide to Owner:
.l A certificate of coverage, prior to that person beginning Work on the Project,
so Owner will have on file certificates of coverage showing coverage for all
persons providing services on the Project; and
.2 No later than seven (7) days after receipt by Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the Project.
6.2.6 Contractor shall retain all required certificates of coverage for the duration of the
Project and for one (1) year thereafter.
6.2.7 Contractor shall notify Owner in writing by certified mail or personal delivery
within ten (10) days after Contractor knew or should have known of any change that
materially affects the provision of coverage of any person providing services on the
Project.
6.2.8 Contractor shall post a notice at its office or on each Project site, in the text, form
and manner prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the Project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
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6.2.9 Contractor shall contractually require each person with whom it contracts to
provide services on a Project to:
.1 Provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the Project, for the duration of the Project.
.2 Provide to Contractor, prior to that person beginning Work on the Project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the Project, for the duration of the Project.
.3 Provide Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the Project.
.4 Obtain from each other person with whom it contracts, and provide to
Contractor:
a) a certificate of coverage, prior to the other person beginning Work on the
Project; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the Project.
.5 Retain all required certificates of coverage on file for the duration of the
Project and for one (1) year thereafter.
.6 Notify Owner in writing by certified mail or personal delivery within ten (10)
days after the person knew or should have known of any change that materially
affects the provision of coverage of any person providing services on the Project.
.7 Contractually require each person with whom it contracts, to perform as
required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be
provided to the person for whom they are providing services.
6.2.10 By signing this Contract or providing or causing to be provided a certificate of
coverage, Contractor is representing to Owner that all employees of Contractor who will
provide services on the Project will be covered by workers' compensation coverage for
the duration of the Project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation. Providing false or misleading
information may subject Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
6.2.11 Contractor's failure to comply with any of these provisions is a breach of Contract
by Contractor which entitles Owner to declare the Contract void if Contractor does not
remedy the breach within ten (10) days after receipt of notice of breach from Owner.
6.3.1 Contractor Insurance Requirements, General
.1 Contractor shall carry insurance in the types and amounts indicated below for
the duration of the Contract, which shall include items owned by Owner in the
care, custody and control of Contractor prior to and during repairs and warranty
period.
.2 Contractor must complete and forward the required Certificates of Insurance
to Owner before the Contract is executed as verification of coverage required
below. Contractor shall not commence Work until the required insurance is
obtained and until such insurance has been reviewed by Owner. Approval of
insurance by Owner shall not relieve or decrease the liability of Contractor
hereunder and shall not be construed to be a limitation of liability on the part of
Contractor. Contractor must also complete and forward the required Certificates
of Insurance to Owner whenever a previously identified policy period has expired
as verification of continuing coverage.
.3 Contractor's insurance coverage is to be written by companies licensed to do
business in the State of Texas at the time the policies are issued and shall be
written by companies with A.M. Best ratings of B+VII or better, except for
hazardous material insurance which shall be written by companies with A.M. Best
ratings of A- or better.
.4 All endorsements naming Owner as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall indicate:
Brushy Creek Regional Utility Authority, 1906 Hur Industrial Blvd. Cedar Park,
Tx. 78613
.5 The "other" insurance clause shall not apply to Owner where Owner is an
additional insured shown on any policy. It is intended that policies required in the
Contract, covering both Owner and Contractor, shall be considered primary
coverage as applicable.
.6 If insurance policies are not written for amounts specified below, Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts
specified. If Excess Liability Insurance is provided, it shall follow the form of the
primary coverage.
.7 Owner shall be entitled, upon request and without expense, to receive certified
copies of policies and endorsements thereto and may make any reasonable
requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
.8 Owner reserves the right to review the insurance requirements set forth during
the effective period of this Contract and to make reasonable adjustments to
insurance coverage, limits, and exclusions when deemed necessary and prudent
by Owner based upon changes in statutory law, court decisions, the claims history
of the industry or financial condition of the insurance company as well as
Contractor.
.9 Contractor shall not cause any insurance to be canceled nor permit any
insurance to lapse during the term of the Contract or as required in the Contract.
.10 Contractor shall be responsible for premiums, deductibles and self -insured
retentions, if any, stated in policies. All deductibles or self -insured retentions shall
be disclosed on the Certificate of Insurance.
.11 Contractor shall provide Owner thirty (30) days' written notice of erosion of
the aggregate limits below occurrence limits for all applicable coverages indicted
within the Contract.
.12 If Owner -owned property is being transported or stored off -site by Contractor,
then the appropriate property policy will be endorsed for transit and storage in an
amount sufficient to protect Owner's property.
.13 The insurance coverages required under this contract are required minimums
and are not intended to limit the responsibility or liability of Contractor.
6.3.2 Contractor Insurance Requirements, Business Automobile Liability
Insurance.
.1 Contractor shall provide coverage for all owned, non -owned and hired
vehicles. The policy shall contain the following endorsements in favor of Owner:
a) Waiver of Subrogation endorsement TE 2046A;
b) 30-day Notice of Cancellation endorsement TE 0202A; and
c) Additional Insured endorsement TE 9901 B.
.2 Contractor shall provide coverage in the following types and amounts: A
minimum combined single limit of $500,000 per occurrence for bodily injury and
property damage. Alternate acceptable limits are $250,000 bodily injury per
person, $500,000 bodily injury per occurrence and at least $100,000 property
damage liability for each accident.
6.3.3 Contractor Insurance Requirements, Workers' Compensation and
Employers' Liability Insurance.
.1 Contractor's coverage shall be consistent with statutory benefits outlined in
the Texas Workers' Compensation Act (Section 401). Contractor shall assure
compliance with this Statute by submitting two (2) copies of a standard certificate
of coverage (e.g. ACCORD form) to Owner's Representative for every person
providing services on the Project as acceptable proof of coverage. The required
Certificate of Insurance must be presented as evidence of coverage for Contractor.
Workers' Compensation Insurance coverage written by the Texas Workers
Compensation Fund is acceptable to Owner. Contractor's policy shall apply to the
State of Texas and include these endorsements in favor of Owner:
a) Waiver of Subrogation, form WC 420304; and
b) 30-day Notice of Cancellation, form WC 420601.
.2 The minimum policy limits for Employers' Liability Insurance coverage shall
be as follows: $100,000 bodily injury per accident, $500,000 bodily injury by
disease policy limit and $100,000 bodily injury by disease each employee.
6.3.4 Contractor Insurance Requirements, Commercial General Liability
Insurance.
.1 Contractor's policy shall contain the following provisions:
a) Blanket contractual liability coverage for liability assumed under the
Contract and all contracts relative to this Project.
b) Completed Operations/Products Liability for the duration of the warranty
period.
c) Explosion, Collapse and Underground (X, C & U) coverage.
d) Independent Contractors coverage.
e) Aggregate limits of insurance per project, endorsement CG 2503.
f) Owner listed as an additional insured, endorsement CG 2010.
g) Thirty (30) day notice of cancellation in favor of OWNER, endorsement
CG 0205.
h) Waiver of Transfer of Recovery Against Others in favor of OWNER,
endorsement CG 2404.
.2 Contractor's Policy shall provide coverages a) and b) with minimum limits as
follows: A combined bodily injury and property damage limit of $500,000 per
occurrence.
6.4 Payment Bond
.1 Contractor agrees to provide Owner with the Payment Bond as shown Exhibit
«B „)
ARTICLE 7
TERMINATION AND SUSPENSION
7.1 Owner 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 Contractor.
7.2 In the event of any default Contractor, Owner has the right to terminate this Agreement
for cause, upon ten (10) days' written notice to Contractor.
7.3 Contractor has the right to terminate th
event of a material and substantial breach by
evidenced in writing by and between the parties.
s Agreement only for cause, that being in the
Owner, or by mutual agreement to terminate
7.4 In the event Owner terminates pursuant to 7.1 or 7.2 above, the following shall apply:
Upon Owner's delivery of the referenced notice to Contractor, Contractor shall discontinue all
Work in connection with the performance of this Agreement and shall proceed to cancel
promptly all Work insofar as such Work is chargeable to this Agreement. Within thirty (30) days
after such notice of termination, Contractor shall submit a statement showing in detail the Work
satisfactorily performed under this Agreement to the date of termination. Owner shall then pay
Contractor that portion of the charges, if undisputed. The parties agree that Contractor is not
entitled to compensation for Work it would have performed under the remaining term of the
Agreement except as provided herein.
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 Where reference is made in this Agreement to a provision of any document, the reference
refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
8.2 Contractor's representative is
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8.3 Neither Owner's representative nor Contractor's representative shall be changed without
ten (10) days' written notice to the other party.
8.4 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent
breach.
8.5 Although this Agreement, is drawn by Owner, both parties hereto expressly agree and
assert that, in the event of any dispute over its meaning or application, this Agreement shall be
interpreted reasonably and fairly, and neither more strongly for not against either party.
8.6 This Agreement shall be enforceable in Cedar Park, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms and
conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This
Agreement shall be governed by and in accordance with the laws and court decisions of the State
of Texas.
8.7 Both parties hereby expressly agree that no claims or disputes between parties arising out
of or relating to this Agreement or a breach thereof shall be deducted by an arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
8.8 The parties, by execution of this Agreement, bind themselves, their heirs, successors,
assigns, and legal representatives for the full and faithful performance of the terms and
provisions hereof.
ARTICLE 9
NON -APPROPRIATION AND FISCAL FUNDING
9.1 This Agreement is a commitment of Owner's current revenues only. It is understood and
agreed that Owner 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 Owner's budget for the fiscal year in question. Owner may affect such
termination by giving Contractor a written notice of termination at the end of its then current
fiscal year.
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ARTICLE 10
TAXES
10.1 Owner is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Owner's charges.
ARTICLE 11
RIGHT TO ASSURANCE
11.1 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.
ARTICLE 12
INDEMNIFICATION
12.1 Contractor shall defend (at the option of Owner), indemnify, and hold Owner, 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
the Contractor, or Contractor's agents, employees or subcontractors, in the performance of
Contractor'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 Owner or Contractor (including but not
limited to the right to seek contribution) against any third party who may be liable for an
indemnified claim.
ARTICLE 13
COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
13.1 Contractor, its agents, employees and subcontractors shall use best efforts to comply with
all applicable federal and state laws, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies.
13.2 In accordance with Chapter 2271, Texas Government Code, a governmental entity may
not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this Agreement. The signatory executing this Agreement on behalf of
Contractor verifies that Contractor does not boycott Israel and will not boycott Israel during the
term of this Agreement.
13.3 In accordance with Chapter 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No' 100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Contractor verifies Contractor does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association, and it will not discriminate during the term of this Agreement against a firearm
entity or firearm trade association.
13.4 In accordance with Chapter 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/ 100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement. The signatory executing this Agreement on
behalf of Contractor verifies Contractor does not boycott energy companies, and it will not
boycott energy companies during the term of this Agreement.
ARTICLE 14
ASSIGNMENT AND DELEGATION
14.1 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.
ARTICLE 15
NOTICES
15.1 All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
When delivered personally to the recipient's address as stated in this Agreement;
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.
12
Notice to Contractor:
-fya)t t r 0VUY,, Qre9l�lc
301 MB Industrial Dr.
Waco, TX 76712
Notice to Owner:
Sam Roberts, General Manager
1906 Hur Industrial Blvd.
Cedar Park, Tx. 78613
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of Owner and Contractor.
ARTICLE 16
APPLICABLE LAW; ENFORCEMENT AND VENUE
16.1 This Agreement shall be enforceable in Williamson County, 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.
ARTICLE 17
DISPUTE RESOLUTION
17.1 Owner and Contractor 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.
ARTICLE 18
SEVERABILITY
18.1 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.
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ARTICLE 19
MISCELLANEOUS PROVISIONS
19.1 Standard of Care. Contractor 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.
19.2 Time is of the Essence. Contractor understands and agrees that time is of the essence and
that any failure of Contractor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Contractor 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 Owner due to Contractor's failure to perform in these
circumstances, Owner may pursue any remedy available without waiver of any of Owner's
additional legal rights or remedies.
19.3 Force Majeure. Neither Owner nor Contractor shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which they are not responsible or circumstances beyond their control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
19.4 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.
19.5 Execution. This Agreement is entered into as of the day and year first written above and
is executed in at least two (2) original copies, of which one is to be delivered to the Contractor
and the remainder to the Owner.
[Signatures appear on the following page.]
14
IN WITNESS WHEREOF, Owner and Contractor have executed this Agreement on the
dates indicated.
OWNER:
Brushy Creek Regional Utility Authority
Anne Duffy, President
Date Signed:
For BCRUA, Approved as to Form:
By:
Stephan L Sheets, General Counsel
CONTRACTOR:
Smith Pump Company, Inc
By: _ -its 9�(UE1)T
Date signed: —_'°t a5
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EXHIBIT "A"
SCOPE OF WORK
And
CONTRACT SUM
(Attached as Quote No: 4N U
16
Smith Pump Company, Inc.
301 MB Industrial Dr
Waco, TX 76712 US
Phone: 800-299-8909
Fax: 254-776-0023
www.smithpump.com
PreparedFor: Christian Lee Culver
Brushy Creek Regional Utility Authority
P.O. BOX 2692
Cedar Park, TX 78630
Phone:512-373-6169
Shipping:
Quote No: 42065
Thursday, August 14, 2025
Page: 1
Brushy Creek Regional Utility Authority
BCRUA Brushy Creek Region
1906 Hur Industrial Blvd.
Cedar Park, TX 78613
Shipping Method Freight Terms Payment Terms Salesperson:
Net 30 Days TXCEN - Jeff McHatde
Thank you for the opportunity to present our quotation for your upcoming project. Please give us a call if you
require additional information.
Sincerely,
Alexander Erling
alexandere@smithpump.com
Line: I Part ID: 4611 Rev: I
Repair - Sulzer 33CHC-1 Stage VTP
Lead Time: 13 weeks
BOWL REPAIR TO INCLUDE:
• Replace Suction Bell Bearing (3.438" Shaft Dia x 4.188" OD x 12" LG x C932 Bronze)
• Replace 2 Series Case Bearings (3.438" Shaft Dia x 4.188" OD x C932 Bronze)
• Replace Bowl Shaft (3.438" Diameter x 59.8125 LG x 400SS)
• Replace 1 impeller key
• True 1 Impeller Wear Ring
• Balance 1 Impeller
• Replace 1 Case Wear Rings (20.517" ID x 21.000" OD x 2" LG x Bronze)
• Clean Bowl Bolting (1"-8 x 316SS)
LINESHAFT REPAIR TO INCLUDE:
• Replace Top Shaft (2.937" Shaft Dia x 89.25" LG x 8 TPI LH x 400SS)
• Polish, Clean, and Straighten 3 Lineshafts (2.937" Shaft Dia x 239.5625 LG x 400SS)
• Replace 4 Shaft Sleeves (2.937" Shaft Dia x 3.438" OD x 8" LG x 400SS)
• Replace 1 Shaft Couplings (2.938" Shaft Dia x 40OSS x Ring & Key)
• Replace 4 Coupling keys
COLUMN REPAIR TO INCLUDE:
• Clean Column Bolting (1.25'-7 / 316SS)
• Replace 4 Lineshaft Bearings (Shaft 3.437" Diameter x 4.437" OD x 5.500" LG x Bronze Backed
Rubber)
DISCHARGE HEAD / MOTOR PEDESTAL REPAIR TO INCLUDE:
• Reuse Discharge Head
• Replace Discharge Gasket (23" Discharge Pipe Size x 150# or 300# x FF or RF)
Quantity Ulm
Smith Pump Company, Inc.
301 MB Industrial Dr
Waco, TX 76712 US
Phone: 800-299-8909
Fax: 254-776-0023
www.smithpump.com
Quote No: 42065
Thursday, August 14, 2025
Page: 2
STUFFING BOX REPAIR TO INCLUDE:
• Replace Mechanical Seal
• Replace Stuffing Box Bearing (2.937" Shaft Dia x 3.462" OD x 6" LG x C932 Bronze)
• Replace Stuffing Box Gasket
BLAST AND EPDXY COAT BOWL, COLUMNS, AND DISCHARGE HEAD WITH TNEMEC PAINT
ASSEMBLE PUMP AND PERFORM OUTGOING Q/C INSPECTIONS
PREPARE PUMP FOR SHIPMENT AND LOAD FOR TRANSPORTATION
Unit Price Discount Discounted
Unit Price
1.00 EA 55,325.00000
Line: 2 PartlD: 4721 Rev: 0
Recondition VSS Motor
Lead time: 4 weeks
Cause of Failure: Moisture Contamination. Moisture -Moisture is the biggest enemy of electrical
components. An overly hot and moist
environment leads to moisture seeping into your motor bearings and creates the ideal setting for
corrosion and rust development.
Required work:
STATOR
BAKER HIPOTRONICS HIPOT AND SURGE TEST OR PDMAAT
TESTING INSULATION RESISTANCE TO GROUND AND PHASE
TO PHASE
TEST INHERENT PROTECTION DEVICE
DIP AND BAKE WINDING
ROTOR
CHECK FOR OPEN BARS AND HIGH RESISTANCE WELDS
GROWLER TEST
DYNAMIC BALANCE ROTOR
MECHANICAL
CHECK MACHINE SURFACES FOR CORRECT FITS
ASSEMBLY
RUN MOTOR FOR CORRECT OPERATION
TEST RUN MOTOR FULL VOLTAGE
CHECK NO-LOAD CURRENT
REPLACE BEARINGS
DE BEARING-1- 6228
ODE BEARING-1- 29334
ADDITIONAL WORK REQUIRED
REPAIR STATOR VENTS
REPLACE O-RING DE BEARING CAP ON ENDBELL
REPLACE O-RING ODE ON DOME COVER
REPLACE O-RING FOR AUX BOX COVER
Line Price
$55,325.00
REPAIR FILTER SHELF
p Smith Pump Company, Inc.
301 MB Industrial Dr
Waco, TX 76712 US
Phone: 800-299-8909 Quote No: 42065
Fax: 254-776-0023
www.smithpump.com Thursday, August 14, 2025
Page: 3
ENVIROIMISC.
PAINT
Quantity U/M
Unit Price Discount Discounted
Line Price
Unit Price
1.00 EA
21,680.00000
$21,680.00
Line: 3
Part10: 4031 Rev: 0
Perform Field Machining of Barrel Top Flange
Field service to perform machining of barrel top flange
Includes:
1. Labor
2. Mileage to/from Jobsite
Measurements indicated the flange was out of level by 0.015"/ft in line with the discharge and
0.003"/ft perpendicular (900) to the discharge. The most significant deviation was in line with the
discharge, measuring 0.015"/ft. SPCO recommends field machining the barrel flange to restore
proper level within tolerance.
Quantity U/M
Unit Price Discount Discounted
Line Price
Unit Price
1.00 EA
3,055.00000
$3,055.00
Line: 4
Part1D: 4201 Rev: 0
Install Vertical Turbine Pump
(2) Field Service Technicians to Install and Reconnect a Vertical Turbine Pump.
Includes:
1. Labor
2. Mileage to/from Jobsite
3. Transport Pump from Shop to Jobsite
4. Crane Service
Quantity U/M
Unit Price Discount Discounted
Line Price
Unit Price
1.00 EA
6,960.00000
$6,960.00
Line: 5
Partm: 4301 Rev: 0
Start -Up Vertical Turbine Pump
Field Service Technician to Conduct Start -Up of a Vertical Turbine Pump.
Includes:
1. Labor
2. Mileage to/from Jobsite
Quantity U/M
Unit Price Discount Discounted
Line Price
Unit Price
1.00 EA
2,835.00000
$2,835.00
* Indicates which quantity price is included in the Total Total:
$89,855.00
Prices are Valid Until Saturday, September 13, 2025
Smith Pump Company, Inc.
301 MB Industrial Dr
Waco, TX 76712 US
Phone: 800-299-8909
Fax: 254-776-0023
www.smithpump.com
ACCEPTED BY:
PRINTED NAME:
PURCHASE ORDER (IF APPLICABLE):
SIGNED ON DATE:
Quote No: 42065
Thursday, August 14, 2025
Page: 4
Smith Pump Company, Inc.
301 MB Industrial Dr
Waco, TX 76712 US
Phone: 800-299-8909
Fax: 254-776-0023
www.smithpump.com
Terms and Conditions
Quote No: 42065
Thursday, August 14, 2025
Page: 5
I Applicability - These Terms and Conditions of Sale ("Terms") shall govem all sales of equipment or services to Customer. These Terms supersede any prior written or oral agreement, understanding,
representation or promise and any pre-printed or standard terms and conditions contained In Customer's request for quote, purchase order, Invoice, order acknowledgement or similar document
These Terms may not be amended, supplemented, changed or modified except by concurrent or subsequent written agreement signed by an authorized representative of both Smith Pump Company
("SPCO") and Customer. SPCO's acknowledgement of Customer's purchase order shall not constitute acceptance of any terns or conditions contained therein which are in any way inconsistent with
the Terns. 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 prior mutual agreement
otherwise, shall not become a part of any contract resulting from this quotation.
2 Price - Unless otherwise stated in this quotation, all prices are FOB shipping point All transportation, insurance and similar charges incident to delivery shall be borne by the Customer. This quotation
Is valid for thirty (30) days only. Shipping dates are approximate and are based on prompt receipt of all necessary Information. In the case of delay In furnishing complete Information to SPCO, dates
of shipment may be extended for a reasonable time. In time event SPCO provides transport services, these will be quoted as a lump sum price based on destination and shipping mode.
In the event Customer requests a delay or suspension in the completion and/or shipment of equipment or services covered by this quotation, or any part thereof, for any reason, the parties shall
agree upon any cost and/or scheduling impact of such delay and all such costs to Customer's account Any delay period beyond thirty (30) days after original scheduled shipment date shall require
Customer to (i) take title and risk of loss of any equipment covered by this quotation, and (ii) make arrangements for the storage of such equipment with SPCO or other parry. SPCO's invoke, which
is contractually based on shipment, shall be issued upon SPCO's readiness to ship the equipment covered by this quotation.
SPCO shall not be liable for delay and delivery due to causes beyond its reasonable control including, but not limited to, acts of God, acts of govemment, acts of Customer, fires, labor disputes,
boycotts, floods, epidemics, quarantine restrictions, war, insurrection, terrorism, riot, civil or military authority, freight embargos, transportation shortages or delays, unusually severe weather or
inability to obtain necessary labor, materials or manufacturing facilities due to such causes. In the event of any such delay, the date of delivery shall be extended for a length of time equal to the
period of the delay.
3 Warranty - SPCO warrants new equipment or parts to be free from defects in materials and workmanship for a period of eighteen (18) months from the date of shipment or twelve (12) months from
the date of startup or initial use, whichever comes first. SPCO SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR LIQUIDATED DAMAGES. NO EXPRESSED OR
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SMALL APPLY. Repairs performed by SPCO are warranted against defects in workmanship and/or materials
for a period of twelve (12) months from the date of shipment SPCO will not be responsible for any removal or reinstallation charges or transportation charges in cases where equipment has failed
under these warranty conditions. SPCO's sole obligation and Customer's sole remedy under this warranty Is repair or replacement at SPCO's election. Customer agrees to provide SPCO reasonable
and dear 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 repaired or replaced. Costs to remove and/or reinstall equipment for warranty purposes shall be the responsibility of Customer.
Replacement parts or repairs furnished under this warranty shall be subject to warranty provisions herein for the remaining warranty period. All equipment repaired or replaced will be re -warranted
only for the remainder of the original warranty period. SPCO does not warrant the equipment covered by this quotation or any repair/replacement part against the effects of erosion, corrosion, or
normal wear and tear due to operation or the environment The warranty and remedies set forth herein are conditioned upon proper storage, installation, use and maintenance of the equipment
covered by this quotation in all material respects, and in accordance with SPCO's written recommendations. Customer must notify SPCO in writing of any warranty claim during the warranty period or
within thirty (30) days thereafter.
SPCO will 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 with SPCO's instructions, (2) alteration, modification or repair by anyone other than SPCO or those specifically authorized by SPCO, (3) accident,
contamination, foreign object damage, abuse, neglect, or negligence after shipment to Customer, (4) damage caused by failure of a SPCO supplied product not under warranty or by any hardware or
software not supplied by SPCO, (S) use of counterfeit or replacement parts that are not manufactured by the manufacturer of goods provided by SPCO or approved by SPCO for use in goods
provided by SPCO, or (6) goods which are normally consumed in operation or which have normal life Inherently shorter than the warranty period including, but not limited to, consumables (e.g.
lamps, batteries, storage capacitors).
4 Payment - All prices are net cash to be paid thirty (30) days after date of invoice Customer agrees to make payment within that period. Discounts will apply only as stated on the invoice Invoices
unpaid for thirty (30) days after issuance shall bear interest at the highest lawful rate due and payable on any invoiced account, which is delinquent and not paid within the stated terms. Should
Customer for any reason fail to pay in accordance with these terms, Customer agrees to pay all collection costs, attorney's fees and expenses incurred in collecting payment.
If Customer's financial condition is or becomes unsatisfactory to SPCO, SPCO reserves the right to (a) require payment from Customer on a cash in advance basis, (b) require a letter of creditor other
acceptable security before shipment, (c) cancel shipment at any time prior to delivery without further obligation or liability on SPCO's part, (d) terminate any contract or obligation on the part of
SPCO, or (e) require other special payment terms acceptable to SPCO to assure payment. All extensions of credit are subject to time approval of SPCO's credit department and management.
s 34int Check_Agirtmient - If Customer fails to pay laborers and materialmen within thirty (30) days after payment by SPCO, SPCO will have the right to make future payments by check payable jointly to
Customer and laborers or materiatmen to the extent of unpaid indebtedness arising out of the job. SPCO will credit joint checks against the contract sum on the next payment application.
6 Taxes - The amount of all federal, state or local taxes applicable: to the sale, use, delivery or transportation of the equipment or services sold hereunder and all duties, imports, tariffs, and other
similar levies shall be added to the contract price and paid by the Customer except where the Customer shall furnish an appropriate certificate of exemption.
7 Property Damage - SPCO shall not be responsible for damage to topsoil or groundcover In connection with the work or service performed under this contract. SPCO shall not be responsible for
claims arising from the pumping of water onto the ground which is necessary in connection with the service or work provided by SPCO. The customer agrees to hold SPCO harmless from claims
arising out of damage caused by the pumping of water onto the ground.
8 Starty - If the equipment supplied pursuant to this quotation has a warranty requirement, qualified SPCO personnel must be present during the initial equipment startup and commissioning.
Failure to request and assure the presence of qualified SPCO personnel will void any warranty herein. Requests for startup must occur at least seven (7) days prior to the scheduled date of the
startup.
9 Limitation of Liabililv - The remedies set forth herein are exclusive and the total liability of SPCO with respect to this quotation, and any contract for goods or services arising from this quotation, or
for any breach thereof, whether based on contract, warranty, torts (including negligence), indemnity, strict liability or otherwise, shall not exceed the quotation or sales price of the specific
equipment or service which gives rise to the claim.
10 Sgtgjf - All amounts that Customer owes SPCO under this quotation shall be due and payable in accordance with the terms of the quotation. Customer shall not setoff such amounts or any portion
thereof, whether or not liquidated, against sums which Customer asserts are due to ft, its parent, affiliates, subsidiaries or other division under other transactions with SPCO.
I I Customer Cancellation - Customer may cancel this order only upon written notice and payment to SPCO of reasonable and proper cancellation charges. In the event of cancellation, Customer must
pay for all material, expense and labor costs incurred by SPCO in connection with the materials and services to be provided pursuant to this quotation, as well as all expenses relating to any
specialty fabricated materials and restocking charges.
12 Assignment - Neither parry may assign this order or any portion thereof without the advance, written consent of the other parry, which consent shall not be unreasonably withheld.
13 Waiver/Severability - Failure by SPCO to assert all or any of its rights upon any breach by Customer shall not be deemed a waiver of such rights either with respect to such breach or any
subsequent breach, nor shall any waiver be implied from the acceptance of any payment. No waiver of any right shall extend to or affect any other right Customer may possess nor shall such
waiver extend to any subsequent similar or dissimilar breach.
tf any portion of these Terms are determined to be Illegal, Invalid or unenforceable for any reason, such provision shall be deemed stricken for the purposes of the dispute In question and all other
provisions shall remain in full force and effect.
14 Applicable Law - The contract involving the sale of the equipment and services covered by this quotation shall be interpreted in accordance with line laws of the State of Texas. This contract is
performable in McLennan County, Texas and venue for any court action in any way relating to or arising out of this contract shall be McLennan County, Texas.
Bond #5341843
EXHIBIT B
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Smith Pump Company, Inc. , as Principal herein, and SureTec Insurance Company as
Surety, a corporation organized and existing under the laws of the State of [Surety's state of
incorpj and who is authorized and admitted to issue surety bonds in the State of Texas in
accordance with Chapter 3503, Texas Insurance Code, as surety, are held and firmly bound unto
the Brushy Creek Regional Utility Authority, a local government corporation with its principal
location of CedarPark,TX , Obligee herein, in the sum of Eighty Nine
Thousand Eight Hundred Fifty Five Dollars ($89,855.001) for the payment of which penal sum
shall not be less than 100 percent of the contract price of the
Booster Pump Repair Project and we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents:
WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 27tr,
day of August , 2025, which contract is hereby referred to herein as "the Contract" and is
incorporated herein to the same extent as if copied at length, for the following project:
Booster Pump Repair
NOW, THEREFORE, the condition of this obligation is such, that if the said Principal shall
directly or indirectly timely make payment to each and every claimant (as defined in Chapter
2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of
the work under the Contract, then this obligation shall be void; otherwise, to remain in full force
and effect for one year beyond the date of approval of the Work by the Obligee's engineer. This
obligation may be enforced by the Obligee in the event of bankruptcy or default by Principal in
payments to suppliers of labor or materials in the prosecution of the work under the Contract, in
either of which events the Surety shall make such payments as Principal has failed to pay and as
may be required to complete the work under the contract. The Surety stipulates and agrees that
no change, extension of time, alteration, omission, addition or other modification to the terms of
the Contract will affect its obligations on this bond, and it hereby waives notice of any such
changes, extensions of time, alterations, omissions, additions, or other modifications, to the
Contract or to related subcontracts, purchase orders or other obligations, and any notices
provided in such regard shall not create as to any party a duty related thereto.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas
Government Code, as amended, and Texas Water Code Section 17.183, as amended, and all
rights and liabilities on this bond shall be determined in accordance with the provisions of said
statute, to the same extent as if it were copied at length herein. All notices shall be delivered in
writing to the addresses shown below or to addresses provided in the Contract Documents.
17
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety
have executed this instrument.
SIGNED and SEALED this 27th day of _ august 2025
The date of bond shall not be prior to date of Contract.
Smith Pump Company, Inc.
PRINCIPAL
ATTEST: By:
U- p — —
Name: 6r
(Princippa) earetaryy -
Title: r,1P10 -4 (A11A?Ad 14W]AW1rAa>a.,�
(S EA L)
Witness as to Principal
SureTec Insurance Company
SURETY
gecre
EST:
tary
(SEAL)
Witness as to Surety
Address: b01 114(:V liydjkS.4j1A�
Wkto A lu? 12.
Telephone Number: 261 Z3 A91 I
`s%%111110111
►ti�
. •
Name: _Brenda Jaynes �N �• g ��� `�
Attorney in Fact
2103 CltyWest Blvd., Suite*1t1,��`��•
Address: Houston, Tx 77042
Telephone Number: 713-812-0800
An original copy of Power of Attorney shall be attached to Bond by the Attorney -in. Fact.
18
POA N: 5341843
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Brenda Jaynes
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Principal: Smith Pump Company, Inc.
Obligee: Brushy Creek Regional Utility Authority
Amount: S 89,855.00
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomcy(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, reeognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shalt be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201" of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 3rd day of February, A.D. 2023.
SURANCF
SURETEC INSURANCE COMPANY
BY:
Michael C. K imig, Presiden
State of Texas ss: 7t, 4
County of Harris `p '' -• ' l /
On this 3rd day of February, A.D. 2023 before me personally came Michael C. Keimig, to me known, who, being by me duly swom, did depose and say,
that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
',..
��;
TANYA SNEED
otary l
NState of Texa s
commission #r 128571231
Commission Expires 03/30/21027
Tiny eed, Rotary Public
My commission expires March 30, 2027
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this da of , A.D.
M. Br ni Beaty, Assislant Se retary
Any Instrument issued In excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST.
SureTec Insurance Company
IMPORTANT NOTICE
Statutory Complaint Notice/Filing of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or
to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9500 Arboretum Blvd., Suite
400
Austin, TX 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at:
PO Box 149104
Austin, TX 78714-
9104
Fax#:512-490-1007
Web: htto://www.tdi.state.tx.tis
Email: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
SIC TX Rider TDI Required Notices rev 07 2022 Page 1 of 1