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Contract - Capitol Bearing and Hydraulics - 8/10/2023 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 rqpair services (referred to rein as th "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 municipa ty, 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 1R -2o23 -235 Y 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/ul2loads/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 cmcdowe l la,roundrocktexas.gov 14.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other parry'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 Ro d Rock, Tex s Capitol Bearing & Hydraulics By: By: p Printed Na Printed Na e: Title: Title: _ Date Signed: Date Signed: Attest: By: Meagan Sp n s, City lerk For City,Approved as to Form: By: Stephanie L. Sandre, City Attorney 9 Exhibit "A'' BID SHEET -� CITY OF AUSTIN HYDRAULIC HOSE & CYLINDER PARTS & REPAIR SERVICES INCLUDING MOBILE ROADSIDE REPAIRS SOLICITATION NO 7600-DCM1009 BUYER. Diana McIntosh Special Instructions: Offerors must use Ihis Bid Show to submit pricing Be advised that alter ng the b4 slleat or taking exceptions to any pomon Of the solicitation may lecipardt2e acceptance Of your Offer The quan:llios noted below are estimates and not a guarantee of actual volume The C ty does not guarantee trio purchase of the quantities listed,actual purchases may be more or less Ouantiles are provided as a guide based on historical or antiUpatod usage.Order quantities will be as needed and Specified by the City for aeon Order. A bid of"Or(zero)will be interpreted by the City as a notharge(free)Item and the City-, not expect to pay for that item.Offerors must bid on all items in a Category to be considered for award of that Category Be advised.a 'no bid or no response(space left blank)will be considered as non-responsive lot that Category and will result in disqualification for award of that Category Prices offered on the bid sneet shall be all inclusive of fees not expressly allowed In the scope of work The Offeror shall not charge separately for administrative overhead per diem,and shipping or Iransporlatfon costs("With the Exception of Code Red") (travel lime,fuel surcharges mileage stop-fee etc.;to deliver services or Items to the Austin,Texas area The Offeror shall provide all loots, labor.travel.and equipment necessary to pert"the services required under this CorltraCt The City reserves Ina right to award a single contract based on overall low cost or multiple awards based on md,duet or Cblegones/snoups Of specific line items coal or any criteria or eorribmapon deemed most advantageous to me city CATEGORY 1 -REPAIRS MADE AT CONTRACTOR'S FACILITY 1A-LABOR RATES ITEM NO. ITEM DESCRIPTION UNIT OF ESTIMATED ANNUALMEASURE QUANTITY UNIT PRICE EXTENDED PRICE tot LABOR RATE PER HOUR HOUR 2.500 S - f _1 - FOR REPAIR SERVICES(NORMAL BUSINESS HOURS) CCCJJJIII LABOR RATE PER HOUR 1°'2 HOUR 250 isFOR REPAIR SERVICES(AFTER NORMAL BUSINESS HOURS) SUBTOTAL FOR CATEGORY 1A= S S f 1B-SPECIFIED SERVICES ITEM NO. ITEM DESCRIPTION UNIT OF ESTIMATED ANNUAL UNIT PRICE EXTENDED PRICE MEASURE QUANTITY f /� 1B 1 FLAT FEE FOR ROUND TRIP PICKUP AND DELIVERY OF HOSESIGYLINDERS EA 50 $ J 1 B 2 FLAT FEE FOR EXPEDITED SERVICES EA 25 ��-J� 1 B 3 FLAT FEE FOR EMERGENCY SERVICES EA 5 1 B a CODE RED SHIPPING CHARGES CITY-S ESTIMATED SPEND AMOUNT V J S1,1000 0o SUBTOTAL FOR CATEGORY 18= $1,000.00 1C-MATERIALS PRICING SECTION 1C--MATERIALS PRICING The City estimates an annual spending head of S155,000 for Hydraulic Hose d Cylinder Pans. The percentage markup to costs listed shall be the minimum amounl offered for the category line throughout the term of the contract Inuuding any subsequent renewal periods and are not subfecl to orange The invoice prices for these pans shall be based off a markup to costs off a price list as indicated pe'dw The percentage markup to costs given should lake into account all costs teomrostrative,overhead. shipping charges etc I to deliver the pens to the Austin TX area These costs snail be factored into the markup rates and shall not be pa.d separate y A bid of'a(zero)will be interpreted by the Gay as a zero percent(0%)markup or discount The funding amount is an estimate and not a guarantee of actual volume The City reserves the right to purchase more or less of these quanta es as may be reQu red during the Contract Term Ouanif es will be as-needeo and specified by the City fa each order ITEM NO. ITEM DESCRIPTION MARKUP TO COSTS EXTENDED PRICE (PERCENTAGE) PERCENT MARKUP TO DEALER COST S a e G'1 L, C,(�,v �J 0 1C I (The City estimates an annual spending need of S155,000 for Hydraulic Hose& 0. 0/. $155,000.00 Cylinder Pans) SUBTOTAL FOR CATEGORY 1C= $155,000.00 TOTAL EXTENDED PRICE FOR CATEGORY 1= $156,000.00 CATEGORY 2-MOBILE ROADSIDE REPAIRS 2A-LABOR RATES MA 7800 NA190000184 Page 70 of 85 xhibit ' Qe 6 e �} /� �/'�t 0111-e ITEM NO. ITEM DESCRIPTION UNIT OF I ESTIMATED ANNUAL UNIT PRICE EXTENDED PRICE MEASURE QUANTITY 2A I LABOR RATE PER HOUR HOUR 250 SI - FOR MOBILE REPAIR SERVICES(NORMAL BUSINESS HOURS) 1 2 LABOR RATE PER HOUR HOUR 30 S J / FOR MOBILE REPAIR SERVICES(AFTER BUSINESS HOURS) ) SUBTOTAL FOR CATEGORY 2A= $ 2B-SPECIFIED SERVICES ITEM NO. ITEM DESCRIPTION UNIT OF ESTIMATED ANNUAL UNIT PRICE EXTENDED PRICE MEASURE QUANTITY n 281 SERVICE CALL FEE FOR MOBILE ROADSIDE REPAIRS EA 250 S !UI l( s 282 FLAT FEE FOR EXPEDITED SERVICES EA 25 s U //S ) $ SUBTOTAL FOR CATEGORY 2B a $ 2C-MATERIALS PRICING SECTION 2C-•MATERIALS PRICING The City estimates an annual spending need of s15.000 for Hydraulic Hose is Cylinder Pans The percentage markup to costs listed shall be the mirvmum amount offered for the category line throughout the term of the contract including any subsequent renewal periods.and are not subject to change The invoice prices for these parts shall be based off a markup to costs off a price list as indicated below The percentage markup to costs given should take into account all costs(administrative.overhead, shipping charges,sic)to deliver the pans to the Austin TX area These costs shell be factored into the markup rates and shell not be pad separately A bid of'0'(zero)will be interpreted by the City as a zero percent(0%)markup or discount The funding amount is an estimate and not a guarani"or actual volume The City reserves the right to purchase more or less of these quantities as may be row-red during the Contract Term. Quantifies will be es-needed 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 Cily sstimotes on annua.spending need of$15 000 for Hydreu is Hose 6 Cylinder 0.00% $15,000.00 Paris) 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 Respondent has a minimum of two(2)service technicians fully qualified to Worm repair services for Hydraulic Hoses and/or ❑ 31 Cylinders? (Section 3 2) Yes No 32 Respondents repair faality is able to provide expedited repairs?(Section 8 0) ✓` Yes ❑ No Respondent is a manufacturer authorized pans distributor,dealer,or retailer for the Eaton brand of pens or a buyer-approved ❑ 3 3 equal brand?(Section 3 3) Yes No Respondent has a minimum of ttvee(3)consecutive years of experience providing hydraulic hose and cylinder pans and repair 3 4 services in the automotive application within the last five(5)years Hydraulic Hose and Cylinder Pans and Repairs at Contractors Yes ❑ No Faolity? (Section 4 1 1) Respondent operates a full-lime repair faaldy that is equipped with all tools diagnostic equipment.and supplies necessary to repair 35 and provide services for the specified hydraulic pans.Hydraulic Hose and Cylinder Pans and Repairs at Coraraaoes Facility? Yes O No Section 4 1 2 36 Slate the distance your Repair Fil is to the Texas State Capitol Miles Respondent maintains a storage area that Is reasonably secure from vandalism or Iheh for all City veh clesrequipment in the 3 Contractors possession Hydraulic Hose and Cylinder Pans and Repairs at Contractors Fsality7 (Section 4 1.3? Yes ❑ No ct Respondent has a minimum of three(3)consecutive years of experience providing mobile roadside service for hydraulic hose and 3.8 cylinders repair services in the automotive application within the last five(5)years.Mobile Roadside Service for Hydraulic Hose 8 ❑ Yes I No Cylinders?(Section 5,1.1) Respondent operates a full-time mobile repair facility that is equipped with all tools,diagnostic equipment,and supplies necessary 39 to repair and provide services for the specilied hydraulic pans.The repair facility shall be located within fifty(50)miles of the Texas ❑ Yes No Stale Capitol with the ability to be reached by small and telephone?(Section 5.1.2) 14 3 10 State the distance your Mobile Repair Facility is to the Texas State Capitol, Mites DELIVERY TERMS DELIVERY IS TO BE FOB DESTINATION,PREPAID AND ALLOWED 7-71 MA 7800 NA190000184 Page 71 of 85 Exhibit "A" NUMBER OF DAYS AFTER RECEIPT OF ORDER THE OFFERQ.R SJALL DEUVERY THg ITE 5 TO THE CITY DELIVERY METHOD /DCOMMON CARRIER(FedEx.UPS) VDNDOR DELIVERY COMPANY NAME / (� / y� /. �'v /�•� EMAIL ADDRESS f c�J f 6 MA 7800 NA190000184 Page 72 of 85