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R-2023-235 - 8/10/2023 RESOLUTION NO. R-2023-235 WHEREAS, the City of Round Rock ("City") desires to purchase hydraulic parts and repair services to support City operations; and WHEREAS, on January 23, 2014, City entered into a Cooperative Purchasing Agreement with the City of Austin, Texas ("Austin"), pursuant to Section 271.102 of the Texas Local Government Code ("Cooperative Purchasing Agreement"); and WHEREAS, said Cooperative Purchasing Agreement allows City and Austin to purchase like goods and services and avoid duplicate procurement efforts and obtain the benefits of volume purchasing; and WHEREAS, Austin has an active competitively bid contract with Capitol Bearing & Hydraulics for"Hydraulic Hose & Cylinder Parts & Repair Services;" and WHEREAS, City desires to purchase off of Austin's bid from Capitol Bearing & Hydraulics for the provision of said goods, as set forth herein; and WHEREAS, the City Council wishes to enter into an agreement with Capitol Bearing & Hydraulics for hydraulic parts and repair services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for the Purchase of Hydraulic Parts and Repair Services with Capitol Bearing & Hydraulics, a copy of same being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 011120232;4875-1893-0804 RESOLVED this IOth day of August, 2023. 4 Al CRAIG MOM AN, M or City of Round Rock, Yexas ATTEST: W I - a,1 04v) MEAGAN S I KS, Cit Clerk 2 EXHIBIT „A„ CITY OF ROUND ROCK AGREEMENT FOR THE PURCHASE OF HYDRAULIC PARTS AND REPAIR SERVICES WITH CAPITOL BEARING & HYDRAULICS THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS AGREEMENT for purchase of hydraulic parts and repair services (referred to herein as the "Agreement"), is made and entered into on this the day of the month of , 2023 by and between the CITY OF ROUND ROCK, a Texas home-rule municipality, whose offices are located at 221 East Main Street, Round Rock,Texas 78664-5299 (referred to herein as "City"), and CAPITOL BEARING & HYDRAULICS, whose offices are located at 3810 Airport Boulevard, Suite C, Austin, Texas 78702 (referred to herein as the "Vendor"). RECITALS: WHEREAS, City has determined there is a need to purchase hydraulic parts and repair services; and WHEREAS, on January 23, 2014, City entered into a Cooperative Purchasing Agreement with the City of Austin, Texas ("Austin"), pursuant to Section 271.102 of the Texas Local Government Code ("Cooperative Purchasing Agreement"); and WHEREAS, said Cooperative Purchasing Agreement allows City and Austin to purchase like goods and services and avoid duplicate procurement efforts and obtain the benefits of volume purchasing; and WHEREAS, Austin has an active competitively bid contract with Vendor for"Hydraulic Hose&Cylinder Parts& Repair Services;"and WHEREAS, City desires to purchase off of Austin's bid from Vendor for the provision of said goods,as set forth herein; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; 4857-6651-9884/ss2 1 . t NOW,THEREFORE,WITNESSETH: 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: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City agrees to buy specified goods and/or services and Vendor is obligated to provide same. 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. Vendor means Capitol Bearing&Hydraulics, its successor or assigns. 2.01 EFFECTIVE DATE AND TERM A. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. B. The initial term of this Agreement shall expire on August 19, 2023. In the event Austin renews its contract with Vendor for the contract's last optional twelve (12) renewal term, this Agreement shall automatically renew for one(1)additional twelve (12)month term and shall terminate on August 19, 2024. However, in the event Austin does not renew its contract with Vendor for the last optional twelve (12) month term, this Agreement shall not be extended past the initial term. C. 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. 2 3.01 CONTRACT DOCUMENTS AND EXHIBITS A. The goods and/or services which are the subject matter of this Agreement are described in Exhibit"A," attached hereto and incorporated herein by reference, and together with this Agreement,comprise the Contract Documents. B. This Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals,correspondence or discussions. 4.01 ITEMS A. The bid items set forth in Exhibit "A" are awarded to Vendor through this Agreement. B. Vendor shall satisfactorily provide all items described in Exhibit "A" within the contract term specified. A change in any term of this Agreement, must be negotiated and agreed to in all relevant details, and must be embodied in a valid written Supplemental Agreement approved by both parties. 5.01 COSTS A. In consideration for the services to be performed by Vendor, City agrees to pay Vendor the amounts set forth in the attached Exhibit"A." B. The City shall be authorized to pay the Vendor an amount not-to-exceed One Hundred Fifty Thousand and No/100 Dollars($150,000.00)for the term of this Agreement. 6.01 INVOICES All invoices shall include,at a minimum,the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received or services provided; and D. Delivery or performance 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 affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 3 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor 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 V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor or supplier about the goods delivered or the service performed that cause the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Vendor 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 D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition,Vendor 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 Vendor's charges. 11.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 4 12.01 INSURANCE Vendor shall meet all insurance requirements set forth on the City's website at: https•//www.roundrocktexas.gov/wp-content/uRlloads/2014/12/Corr insurance 07.20112.pdf 13.01 CITY'S REPRESENTATIVES City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Chad McDowell Director of General Services 212 Commerce Cove Round Rock,Texas 78665 512-341-3191 cmcdowel la,roundrocktexas.-gov_ 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 Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor 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. Vendor 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 Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten(10)days' written notice to Vendor. C. Vendor 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 Vendor, Vendor 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, Vendor 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 Vendor that portion of the charges, if undisputed. The parties agree that Vendor 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 Vendor 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 Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor'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 Vendor (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 AND ORDINANCES A. Vendor, 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. 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 contact contains written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the terms of this contract. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott Israel during the term of this Agreement. 6 C. In accordance with 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 provision in the contract 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 Vendor verifies Vendor 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. D. In accordance with 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 provision in the contract 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 Vendor verifies Vendor does not boycott energy companies, and it will not boycott energy companies 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 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. Notice to Vendor: Capitol Bearing& Hydraulics 764C Airport Boulevard Austin,TX 78702 7 Notice to City: Laurie Hadley,City Manager Stephanie L. Sandre, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 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 Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 23.01 DISPUTE RESOLUTION City and Vendor 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. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and 8 that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor 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 Vendor'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 Vendor 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 Vendor have executed this Agreement on the dates indicated. City of Round Rock,Texas Capitol Bearing & Hydraulics By: By: Printed Name: Printed Na e: ' J- LT ►' Q Title: Title: Date Signed: Date Signed: — Attest: By: Meagan Spinks, City Clerk For City, Approved as to Form: By: Stephanie L. Sandre, City Attorney 9 Exhibit "A" C A 64 BID SHEET CITY OF AUSTIN i HYDRAULIC HOSE&CYLINDER PARTS& REPAIR SERVICES INCLUDING MOBILE ROADSIDE REPAIRS SOLICITATION N0. 7NO-DCM1009 @U1'ER. plitirlif MclnterM Special Instructions: Oflerwit mum use this Bid Shoat to submit priong Be advised that altering the Ind sheet of taking exceptions to any portion of the scricnauan may;oopfsrdize acceptance or your Offer The quantities nwod be;ow are estimates and not a guarantee of actual volume The Cry does not guarantee coo purchase of ma quantities fisted,acaal purchases may be more or less Ouenhhas are provided as a outdo based on historical or enticipmod usage.Order querttves unit be a"ficaed and specified by the City for each order. A bid of V(zaol win be interpreted by the Chy as a no-Charpo(free)item and the Coy will not expect to pay for that item.Offorors must Did on an items in e Category to be considered for award of mat Category Be advised,a-no bid-or no response(space left blank)Witt be considered as non-respons va for that Category and will result In disqualification for award of coal Category PriCas Offered on Iho Did street shell be all incluslvo of teas not exprossly arkwed in the Scope of work The Offeror shall not c ov largo separately for adminlstraltve. erhand.per diem,and shipping or transponation costs rWith the Exception of Code Red*'] (travel time,fuel surcharges.mileage.sto�Ffed,atc)to dalwar services or items to the Austin.Texas area The Offeror shill provide all toots, labtN.bevel and equipmerd nocessary to perform the St fVicas required under this Contract The City reserves the rigid to award a singly corn✓ea based on ov-warf low cost or multiple awards based on ind;v:dual or calagonesrgrtxros or specific Inns items cast.or airy vrtene or wrtwineaon deomod most advantageous to trio City CATEGORY 1-REPAIRS MADE AT CONTRACTOR'S FACILITY 1A-LABOR RATES UNIT OF ESTIMATED ANNUAL ITEM NO. ITEM DESCRIPTION MEASURE QUANTITY UNIT PRICE EXTENDED PRICE IA I LABOR RATE PER HOUR 500 S , S (( FOR REPAIR SERVICES(NORMAL BUSINESS HOURS) HOUR 2 J U J IA 2 LABOR RATE PER HOUR HOUR 250 S f �` FOR REPAIR SERVICES(AFTER NORMAL BUSINESS HOURS) J. 3 J SUBTOTAL FOR CATEGORY 1A o = I 1B-SPECIFIED SERVICES ITEM NO. ITEM DESCRIPTION UNIT OF ESTIMATED ANNUAL UNIT PRICE EXTENDED PRICE MEASURE QUANTITY 181 FLAT FEE FOR ROUND TRIP PICKUP AND DELIVERY OF HOSE&CYLINDERS FA 50 S /1' '7 192 FLAT FEE FOR EXPEDITED SERVICES FA 25 S --- ('/ - S UU�t✓---,����. I B 3 FLAT FEE FOR EMERGENCY SERVICES EA S S J Ill l s C� t�lJ 1134 CODE RED SHIPPING CHARGES CITY'S ESTIMATED SPEND AMOUNT �}v $1.000 00 SUBTOTAL FOR CATEGORY 1B a $1,000.00 1C-MATERIALS PRICING SECTION 1C—MATERIALS PRICING The City estimates an annual spending need of$155,000 for Hydraulic Hosea Cylinder Penis. The percontago markup to costs listed shall be the minimum amounl offered for the category line uvoughoul the term of the convect a aud.ng any subsequent renewal periods,artd are trot slrbfoci to Change The invoice prices for those pans shall be based off a markup to Costs off a price Hsi as HhdiCaled"tow The percentage markup to costs grvan should take into account am costs(admnstretive,overhead, srvppmg charges etc)to del,var the pans to the Austin.TX area Those costs"it be factored into the markup rates and small not be paid separately A Did of 4(zero)vv;U be interpreted by the City as a zero percent 10%)markup or discoury The funding amount is an estimate and net a guarantee of actual voklrna The City reserves the«gm to purchase more or less of these quanta as as may be requited dunng the CwTtrw Term Quantities win De as-needed and specified by the City for each order ITEM NO. ITEM DESCRIPTION MARKUP TO COSTS EXTENDED PRICE PERCENT �(\ � V PE CENTAGE IC I ((The City esUAmates an emRKUP TO �pending need of$155,000 for Hydraulic Hasa 8 040% $155,000.00 Cylinder Parts) SUBTOTAL FOR CATEGORY IC c $155,000.00 TOTAL EXTENDED PRICE FOR CATEGORY 1 n $156,000.00 CATEGORY 2-MOBILE ROADSIDE REPAIRS 2A-LABOR RATES MA 7800 NA1 90000184 Page 70 of 85 txhibiK5 y ITEM NO. ITEM DESCRIPTION UNIT OF ESTIMATED ANNUAL UNIT PRICE EXTENDED PRICE MEASURE OUANTITY 2A I LABOR RATE PER HOUR HOUR 250 S /U FOR MOBILE REPAIR SERVICES(NORMAL BUSINESS HOURS) 1 2A 2 LABOR RATE PER HOUR HOUR 30 S J 1 FOR MOBILE REPAIR SERVICES(AFTER BUSINESS HOURS) )- SUBTOTAL FOR CATEGORY 2A= $ 28-SPECIFIED SERVICES ITEM NO. ITEM DESCRIPTION UNIT OF ESTIMATED ANNUAL UNIT PRICE EXTENDED PRICE MEASURE QUANTITY n 28 1 SERVICE CALL FEE FOR MOBILE ROADSIDE REPAIRS EA 250 S �vl J ( - S 282 FLAT FEE FOR EXPEDITED SERVICES EA 25 S /U V J I S SUBTOTAL FOR CATEGORY 28 $ 2C-MATERIALS PRICING SECTION 2C--MATERIALS PRICING The City estimates an annual spa"reed of 315.000 for Hydraulic Hose 6 Cylinder Pans The percentage markup to costs bated snail be the mwmurn amount offerad for the category lire throughrar the term of the contract uhcludno any suoseauani renewal periods,and are rot subject to Change The invoice prices for them parts shall be based off a markup to Costs off a pride list as indicated below The percentage markup to costs given should take imo account all costs(adrmnestralive,overhead, shipping charges,etc)to deliver the pens to the Ausbn.TX area Thaw costs shell be factored vuo the markup rates and shall not be paid separately. A bid of (zero)will be interpreted by the Crry as a zero percent(0%)markup or discount The funding amO=is an estimate and not a guarantee of actual volume The City reserves the right to purchase more or loss of these quantities as may be required dunnp the Cordract Term. Ouantities will be es- iseded and specified by the City for each order ITEM NO. ITEM DESCRIPTION MARKUP TO COSTS EXTENDED PRICE (PERCENTAGE) PERCENT MARKUP TO DEALER COST 2C 1 (The City estimates an annua:spending need of S15 000 for Hydrau'¢Hose 8 Cylrraer 0.00% $15,000.00 Pens) TOTAL EXTENDED PRICE FOR CATEGORY 2C= $ 15,000.00 TOTAL EXTENDED PRICE FOR CATEGORIES 1 THRU 2 $171,000.00 CATEGORY 3-CONFIRMATION OF REQUIREMENTS 31 Respondent has a minimum of two 12)service tecnbdans fully qualified to perform repair services for Hydraulic Hoses and/or Yes ❑ Cylinders? (Section 3 2) 32 Respondents repair facility is able to provide expedited repairs?(Section a 0) Yes ❑ No 3 3 Raspo dent is s manufacturer euthcrzed pans distributor,dealer,or resellor for the Eaton brand of parts.or a buyorapprovod equal brand?(Sectron 3 3) Yes ❑ No Respondent has a mritrttunh of three(3)consecutive years of experience providing hydraulic hose and cylinder pens and repair 3A services m 01a automotive application wnthm the last five(5)years Hydraulic Hose and Cylinder Pans and Repairs at Contrador's -A[ Yes ❑ No Facitity7 ISecbon 41,1) T Respondent operates a fu0-bme repair fakakly,that is equipped with all loots.diagnostic equipment,and supplies nooassary,to repair 35 and provide services for the specufled hydrauac parts.Hydraufc Hose and Cybndor Pars and Repairs at Contractors Facility? Yes if ❑ No Section 4 1 2 36 State the distance your Ropav FacAty is to No Texas State Capitol Miles 37 Responderu mar1181ns a storage area that Is reasonably sewe from vandalism or theft for all Cty van Uesxequipment in the Yes ❑ No Contra roes possamon Hydraulic Hose and Cylinder Pans and Rapers ct Contractors Facility?(Section 4 1.37 Respondent has a minimum of throe(3)consow"years of exporter=providing mobile roadside service for hydraulic hose and 3.8 cylinders repair services In the automotive application within the teal rive 15)years.Mobile Roadside Service for Hydraulic Hose 8 O Yes No CyVndars7(Soction 5.1.1) Respondent operates a tu0-time nnblte repair facility that is equipped with all!cola,diagrostic equipment,and supplies necessary 39 to repair and provide services fin trio speed hydrouk pans.The repair facility shah be located will-tin rdty,(50)mites of Ne Texas O Yes X No Stale Capitol wuhh the ability to be leaded by email and telephone?(Section 5.1.2) 310 State the distance your Mobile Rapa: Faci'Gty,is to the Texas State Capitol. Mtlas DELIVERY TERMS DELIVERY IS TO BE FOB O£STINATION,PREPAID AND ALLOWED MA 7800 NA190000184 Page 71 of 85 Exhibit "A" NUM13ER OF DAYS AFTER RECEIPT OF ORDER THE OFFEROR SHALL D��RS TO THE Clry Yam O r /1 e DELNERY L4ETHOD OCOMMON CARRIER(FedE)LUPS) VONOOR DEL=Y COMPANY NAME G' e 4,A EMAtI 600RES5 l� G f �'�, f f. 1 e 6 /1 IA MA 7800 NA190000184 Page 72 of 85