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HomeMy WebLinkAboutResolution - 2018-R0293 - Resolution - 2018-R0293 - Contract 14254 With ASCO - 09/13/2018Resolution No. 2018-R0293 Item No. 6.1 H Septernbcr 13 2011; RESOLUTION B1: IT RI S01-V11) BY THE CITY C0UNCI1, QF Tl IF CITY OF LUBBOCK.- T] IA AT the Mayor of' the City oi' Lubbock is hereby authorized and direeted to rxctutc for all(] on behalf of' the City ot' Lubbock. Service Contract No. 14254 fin• maintenance and repairs for City' heav-v Vehicles and equipment. by and between the City of Lubbock and Associated Supply Co., Inc., and related documents. Said Contract is attached hereto and incorporated in this resoltit loll as 11, fully set forlii herein and shall be included in the minutes of the CI IV CO Passed by the City Council on September 13, 2018 �,Iv -- 1)ANIE'L M. POPF, MAYOR A'I T ST: Rebec at Garza. City Secrctarr• APPROVI 1) ASTO CONTEN. Scott Snider, Assistant City tIManager - - APPROVI1) AS TO FORM: l K J]i Leisure, Assistant Cite Attorney c:c[lots/R[:S.Coiitract-Associitted Sopply Co., lnc. Amuwst 16. 2018 Resolution No. 2018-RO293 Contract 14254 City of Lubbock, TX Service Contract for Maintenance & Repairs on City Heavy Vehicles and Equipment THIS CONTRACT made and entered into this 131h day of September, 2018, by and between the City of Lubbock ("City"), and Associated Supply Co., Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for 18-14198-SG Maintenance & Repairs on City Heavy Vehicles and Equipment and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the Maintenance & Repairs on City Heavy Vehicles and Equipment. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, the Contractor will deliver Maintenance & Repairs on Heavy Vehicles and Equipment and more specifically described in Exhibit "A" attached hereto. Exhibit "A" represents each of the items the contractor was found to be the best value for the City. The original bid forms shall remain in the office of the Director of Purchasing and Contract Management 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The contract shall be for a term of one (1) year, with the option of four (4), one (1) year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contract must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to insure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall fumish a completed Insurance Certificate to the City, which shall be completed by an agent thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE OF INSURANCE COMBINED SINGLE LIMIT GENERAL LIABILITY ® Commercial General Liability ❑ Other General Aggregate $ 1.00000 ❑ Claims Made ® Occurrence Products-Comp/Op AGG X ❑ W/l leavy Equipment Personal & Adv. Injury X ❑ To Include Products of Complete Operation Endorsements Contractual Liability X PROFESSIONAL LIABILITY AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIA131LITY ❑ Umbrella Form GARAGE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Hired Autos ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ❑ POLLUTION ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY I COPIES OF ENDOSEMENTS ARE REQUIRED Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate $ Combined Single Limit Each Occurrence $1,000.000 Each Occurrence Aggregate Auto Only - Each Accident $1,000,000 Each Accident Aggregate ❑ 100% of the Total Contract Price ❑ 100% of the Total Material Costs $500,000 S1,000,000 City ojLubbock named as additional insured on AutolGeneral Liability on a primary and non-contributory basis. To include products ojcompleted operations endorsement. Waiver ojsubrogation in favor ojthe City ojLubbock on all coverages. except The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for thirty (30) days' notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13`h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books rclevaul tll all services provided 10 the Cite 1111der this Contract. If1 the event such an at►dit U? a as rn r by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of co to overpayments within thirty (30) days of such audit findings, or the City, al its option, reserves the right r to deduct such amounts owing the City from any payments due Contractor. `¢ 10. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other IiabiIily, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first- If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 11. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Cnntrnct Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof nn insurance from the Subcontractor that complies ►with all contract Insurance requirements. 12. The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: ( l ) The Contractor dues not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. 13. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. Y 14. This Contract consists of the following documents set forth herein; Invitation to Bid No. 18-14198-SG, Specifications, and the Bid Farm. J IN WrMESS WHEREOF, the parties hereto have caused this Contract to be ecuted the day and year first is above written. Executed in triplicate, f CITY OF LUB K CONT 0 j Daniel M. Pope, !Mayor t rizo Re r tali A ST: 17e Garza, City 5eczetnry ZLD.AS TO CONTENT - Billy Taylor, Director of Ow operations A.PPROY.ED AS To RM: Kelli I.Asure, Assistant City Attorney ! f'.•C t � � �I F�r��. Print Nam¢- Address I City, State, Zip Code City of Lubbock,TX Assoicated Supply Company, Inc. of Lubbock, TX Maintenance Repairs to Heavy Vehicles and Equipment Exhibit A Trucks over 19,500 lbs GVWR (Class 6-7-8-9) Including Sweepers Category 1 Cost and Trash Trucks Labor rate per hour (Billed in increments of full, half', and 114 hours) $ 110 % Markup abovc/bclow parts 30 - 50 % Pickup and deliver per mile 4 Service call per hour 0 Service call mileage lce per mile 2 Category 2 Off -Road Equipment (Tractors, Backhoes, Loaders, Excavators, g ry Cost Dozers, Graders, Scrapers, and Cranes) Labor rate per hour (Billed in increments of full, half, and 1/4 hours) $ 110 % Markup above/bclow parts 30 - 50 % Pickup and deliver per mile 4 Service call per hour 0 Service call mileage fee per mile 2 Category 3 Trailers (Utility Pipe, Ilay, Equipment, Crew, and Cargo) Cost Labor rate per hour (Billed in increments of full, half, and 1/4 hours) $ 105 % Markup abovc/bclo%v parts 30 - 50 % Pickup and deliver per mile 4 Service call per hour 0 Service call mileage fee per mile 2 Category 4 Forklifts (Clark, Ilyster, Cat, Daewoo, Case, Hilift, Princeton) Cost Labor rate per hour (Billed in increments of full, half, and 114 hours) % Markup above/bclow parts Pickup and deliver per mile Service call per hour Service call mileage fee per mile S 105 30-50% 4 0 2 S pv.W- 9e D.r►v W,a-1Au:�111 Rtl 141,19,-50 �Yvenr�v a,1 PAN+w,'.n Iki., ,�Y N 1 y.�p.w lW+. � �K'n to d eM City of Lubbock, TX Cb ITB 18-14198-SG f2 Maintenance & Repair on City Heavy Vehicles and Equipment a m General Specifications Scone The City of Lubbock is seeking a contract for maintenance and repairs of heavy vehicles and equipment including hydraulics, welding and fabricating. The successful bidder ("the Company") will provide preventative maintenance and repairs to heavy vehicles and equipment not covered under any manufacturer's warranty, unless the Company is the authorized warranty dealer, to maintain fleet availability for the City of Lubbock. Maintenance and repairs include, but are not limited to, the following: Air Conditioning, Heating & Ventilation System Axles Brakes, Hubs & Bearings Steering Suspension Drive Shafts Automatic Transmissions Charging Systems Cranking Systems I Ignition Systems Lighting Systems, Electrical Accessories Engines Exhaust Systems a Fuel Systems Power Take -Off (PTO) Buckets /Booms Def Systems auioment & Truck Categories The following is a current list of Descriptions of City of Lubbock vehicles and equipment by Category which are included in this maintenance and repair contract. Category Description 1)Trucks Class 6-7.8-9 Off -Road Equipment Tm'_ctamB=0ioes, Loaders, Excavators, Dozers, ra ers, Scrapers, Cranes 3)Trailers Utility, Pipe, Hay, Equipment, Crew, Cargo 4)Forklifts Clark, Hyster, Cat, Daewoo, Case, HiliR, Princeton 0 v 0 0 0 0 A L d rn v Labor Guide m The vendor is required to provide the name of the current Labor Guide software and version used to provide repair costs with the bid form. The City of Lubbock reserves the right to audit the labor hours charged to each job and all overcharges will be brought to the attention of the vendor. The vendor shall issue a credit for the overcharge amount within S business days and the credit shall reference the City of Lubbock's vehicle identification number and work order number. if the program is proprietary, the vendor shall grant access to the City of Lubbock's Fleet Services Department for audit purposes. A)11� //;,4 P16ow Name / ion Work Authorization Vehicle shop repairs will be estimated on a per job basis with a fixed labor rate per hour as stated on the Bid Form. Prior to the start of any vehicle repair, the Company must provide a written repair estimate by a trained service advisor or technician. Estimates must include parts at the quoted cost rate. All estimates shall be at no charge to the City. The Company must obtain a work order number and authorization to perform the work from the City of Lubbock authorized Fleet Services designee before making any repairs. The Company must also obtain City approval for the type of repairs and the cost of repairs before proceeding with the work. The Company must submit a copy of the Work Order along with the Company's invoice itemizing the labor hours, hourly labor rate, supplies, cost of supplies, parts list, and price for each part. o The Work Order must contain the V number assigned by the City, the VIN number, the current license plate number, and the current vehicle mileage or hours. If any of the information is missing or incorrect, the U Company will not be reimbursed for any services, repairs, maintenance, parts, or supplies. Approval Proced Approval for maintenance and repairs on all vehicles shall be as follows: Repairs up to S 1,000 shall be verbally approved by an authorized Fleet Services designee. Repairs from $1,000 to $2,500 must have written approval from an authorized Fleet Services designee. Repairs over $2,500 must have written approval from an authorized Fleet Services designee and Director of Fleet Services. If any repairs are completed without proper authorization, the Company will not be reimbursed for any services, repairs, maintenance, parts, or supplies. Repair Time Notifications The Company must make a determination of the repairs, costs and times and notify the City within 24-hours after receiving the vehicle or equipment. Repeat Repairs The vendor will be responsible for correcting all previous repairs performed by the vendor that were incorrectly repaired or the repair failed to correct the reported deficiency. The vendor will be responsible for the total cost of the repair including any replacement parts. In the event of a Repeat Repair, the vendor shall open a new vendor work order. The new vendor work order must indicate on the work order "repeat" or "return" work. Copies of the original City and vendor work o ordrrs and nny applicable invoices shall be n1Mched to the new wort: order. N O n cs � cL rn v Cb Pick -Up and Delivery 0 °D The bidder's bid may include a separate price for pick-up and delivery of heavy vehicles or equipment. The bidder must indicate on the Bid Form the additional charge, if any, for this pick -up and delivery service. The City reserves the right to use this service as needed. Vehicles must be picked up by City personnel or delivered to a City location within 24-hours after the vehicle has been repaired. .. � a ►M The Company must use their own parts and/or supplies in completing all repairs. No City parts or supplies will be issued by the City Garage to the Company. The Company's invoice must include charges for all parts, supplies, and services used in making repairs. The Company must return all parts that were removed and replaced during the repair of the vehicle or equipment upon completion of the repair(s) and the parts must accompany the vehicle or equipment. The Company is responsible for all core returns and credits. Bid submissions Bids will be awarded by category of vehicles and equipment. Bidders are responsible for submitting all relevant, factual and correct information with their bid. If additional sheets are attached to the bid submittal package, the bidder shall clearly cross-reference the appropriate location in the bid solicitation (i.e. page number, paragraph, subject, etc.) Invoices Invoices will show only the cost rates indicated on the Bid Form. Any additional charges or fees not listed o will be disallowed from any invoice. Vehicle shop repairs will be billed per the approved estimate. An individual Work Order shall be issued for vehicle shop repairs. No delivery or repair shall be performed c' withoutproper authorization. Invoices for arts purchased b the Company for all re p p y parry pairs to City vehicles and equipment will be made available for inspection by a City representative upon request. Invoices must display the company name imprinted on the face, the parts purchased and the date of the purchase. Repair invoices should match the parts invoice when there were replacement parts required for the repair. If a request is submitted by the City to review a particular invoice, that request will be met within 24 hours from the time of the request. Vehicle ickua The Company is responsible for any damage to the vehicle or equipment while in the Company's control. The City shall be responsible for damages after the vehicle or equipment has been delivered to a City representative and said representative has inspected the vehicle or equipment and has verified that no damage occurred during the repair process. In the event that a vehicle is scheduled to be picked up from the City for repairs, the vehicle will be: 1. Picked up by tow vehicle/wrecker, or 2. Driven to the repair destination by a licensed and insured individual representing the Company. Special Requirements: Company to provide secure shelter (locked fence) for City vehicles. i 2. Estimate must be submitted to Fleet Services within 24-hour period of request. a 0 3. All �LIR1t511Cd j1:IrIS 111US1 I)C O}',M arO1 M rc cycltxl part. 0 4. All suspension or steering components must be OEM only. S. All repairs shall be warranted for a period of 12 months or 12,000 miles " CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of3 Complete Nos. 1- 4 and 6 It there are Interested panles. OFFICE USE ONLY Complete Nos. 1, $ 3. S. and 6 If there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2018-393298 i Name of business entity filing form, and the city, state and country of the business entfWs place of business. Associated Supply Company, Inc. Lubbock TX United States Date Filed: 08/16/2018 e of governmental entity or state agency that is a patty to the contract for which the form is being filed. City of Lubbock, Texas Date Acknowledged; 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract 14254 ITB 18-14198-SG Maintenance & Repairs on City Heavy Vehicles and Equipment; This Supersedes Certificate No. 2018.385341 4 Name of interested Party City, State, Country (place of business) Nature of Interest (chock applicable) Comrolling Intermediary Key, Paula Lubbock, TX United States X VMght, Stephen Amarillo, TX United States X VMghl, Wiliam B. "BraX" Lubbock, TX United States X 5 Check only If there Is NO Interested Party. Q 6 UNSWORN DECLARATION My name Is Scott William Sharp andmydateofbtrthis My address is P.O. Box 3888 Lubbock TX USA 79452 (Street) (city) (state) (ZIP code) (oou") I declare under penalty of perjury that the foregoing Is true and correct. Executed In Lubbock County. State of Texas ontl* 16 dayofAW;ust 2p18 (month) (yoaq dane� do—, gn re of auttxulzed a&ntkif contracting bustness entity Forms nrn%Aded by Texas Ethics Commission www.ethirs.state.bt.us Version VL0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 it there are no Interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity Tiling form, and the city, state and country of the business entity's place of business. 2018-393298 Associated Supply Company, Inc. Lubbock, TX United States Date Filed: 08/16/2018 2 Name of governmental entity or state agency that is a party tot the contract for which the form Is being filed. City of Lubbock, Texas Date Acknowledged: 08/20/2018 3 Provide the Identification number used by the governmental entity or state agency to track or Identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract 14254 ITB 18-14198-SG Maintenance & Repairs on City Heavy Vehicles and Equipment; This Supersedes Certificate No. 2018-385341 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (chock applicable) Controlling Intermediary Key, Paula Lubbock, TX United States X Wright, Stephen Amarillo, TX United States X Wright, William B. "Brax" Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION and my date of birth is My name Is My address is (city) (state) (zip codo) (country) (street) I declare under penalty of perjury that the foregoing is true and correct. County, State of on the day of �, 20 Executed in (month) (year) Signature of authorized agent of contracting business entity Vnrcinn Ci of .. Lubbock �� TEXAS PURCHASE ORDER TO ASSOCIATED SUPPLY COMPANY IN 2102 E SLATON ROAD LUBBOCK TX 79452 SHIP TO: Page - Date - Order Number 1 7/9/2019 31046491 000 OP 526 CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000'I AAr LUBBOCK, TX 79457 LQ lvarez, Director of Purchasing & Contract Management Ordered 7/9/2019 Requested 7/30/2019 Delivery L MOBBS REQ 54148 Freight Taken By CONTRACT 14254 R ROCHA Description/Supplier Item Ordered Unit Cost UM Extension Request Date Parts 1.000 45,854.9100 EA 45,854.91 7/30/2019 INV 510121 Labor 1.000 6,490.0000 EA 6,490.00 7/30/2019 Misc. 1.000 4,934.6600 EA 4,934.66 7/30/2019 Total Order Terms NET DUE ON RECEIPT 57,279.57 This purchase order encumbers funds in the amount of $57,279.57 awarded to Associated Supply Company Inc. of Lubbock, TX, on September 13, 2018. The following is incorporated into and made part of this purchase order by reference: ITB 18-14198-SG dated July 27, 2018, from Associated Supply Company Inc. of Lubbock, TX. Resolution No. 2018-R0293. CITY OF LUBBOCK � e JEFF AlFflYd, M-AY00PNO TEM ATTEST: Reb cca Garza, Ity Secretary Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX L SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable. (c) Container number and total number of containers, e.g. box I of 4 boxes. and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications, Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading twill operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery. quality and the like. If a tender is made which does not fully conform. this shall constitute a breach and Sellershall not have the right to substitute a conforming tender. provided, where the time for performance has not yet expired. the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. Seller shall submit separate invoices. in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. In, oices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading. and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock. P. O. Box 2000, Lubbock. Texas 79457, Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may' by written notice to the Seller. cancel this contract without liability to Seller if it is determined by Buyer that gratuities. in the form of entertainment. gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer of employee of the City of Lubbock with a view to securing a contract or seeming favorable treatment with respect to the awarding en amending. or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision. Buyer shall be entitled, in addition to any other rights and remedies, to recoveror withhold the amount of the cost incurred by Seller in providingsuch gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the put -pose of filling this order. such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Sellerwarants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alterative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of %iciation of this warranty the Buyer shall hasa the right in addition to arty other right of rights to cancel this contract without liability and to deduct firm the contract price, motherwise recover without liability and to deduct from the contract price. or otherwise recover the full amount of such commission. percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any' implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification. drawings. and descriptions listed in the bid imitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings. and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Sellet represents and warrants fault -free performance and fault -free result in the processing date and dale related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and sell ices provided under this Contract, individually or in combination, w the case may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller. its sub- Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to compl% with any of the obligations contained herein. may result in the City of Lubbock availing itself of any of its lights under the law and under this Contract including. but not limited to. its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract. and are not subject to any disclaimer of warranty. implied or expressed. or limitation of the Seller's liability which may be specified in this Contract. its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no warranty that the production of goods according to the specification twill not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result. he will notify the Buyer to this effect in writing within two weeks after the signing ofthis agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like. Seller will save Buver harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like. the contract shall be null and void. 12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract. the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services cowered by this contract is spent. whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 14. CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undehverl,d portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15. TERMINATION. The performance of work under this order maybe terminated in whole. or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Nonce of Termination' specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the lights of Buyer set forth in Clause 14. herein. 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17, ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. I S. WAIVER. No claim or right arising out of a breach of this contract can be discharged in xvhole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids. and any other documents provided by Seller as partof his bid. is intended by the parties as a final expression of their agcement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used. it shall be construed as meaning the Uniform Commercial Code as adopted in the Stare of Texas as effective and in force on the date of this agreement. '_l. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform, In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract 22 INDEMNIFICATION. Seller shall indemnity. keep and save harmless the Buyer, its agents. officials and employees, against all injuries, deaths, loss, damages. claims, patent claims. suits, liabilities. judgments, costs and expenses. which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom. whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any. and the Seller shall. at his oxen expense, appear, defend and pay all charges of attomcys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall. at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract. or otherwise provided by Seller. shall in no way limit the responsibility to indemnify. keep and save harmless and defend the Buyer as herein provided. 23. TIME. It is hereby expressly agreed and understood that lime is of the essence for the performance of this contract. and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 24, MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request. minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color. sex or natural origin in consideration for an award. _S NON -ARBITRATION The City reserves the right to exercise any light or remedy to it by law, contract. equity. or otherwise, including without limitation, the tight to seek any and all forms of relief in a court of competent jurisdiction. Further. the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive. and may be exercised concurrently. To the extent of any conflict betn%een this pro%ision and another provision in. or related to, this document. this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract. or thereafter. the City. or a duly authorized audit representative of the City or the State of Texas. at its expense and at reasonable times. reserves the right to audit Contractors records and books relevant to all services provided to the City under this Contract In the event such an audit by the City reseals any errors or overpayments by the City. Contractor shall refund the City the full amount ofsuch overpayments within thin) 130) days of such audit findings, or the City, at its option. reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. HOUSE BILL 201 i. House Bill 2015. signed by the Governor on June 14. 2013 and effective on January I, 2014. authorizes a penalty to be imposed on a person who contracts for certain sell ices with a govemmental entity and who fails to properly classify their workers. This applies to subconnactors as well. Contractors and subcontractors who fail to properly classify individuals performing work under governmental contract will be penalized S200 for each individual that has been misclassified. (Texas Gov emment Code Section 2155.001). 28. ASS IGNLNG OR SUBLETTLUG THE CONTRACT. The Contractor shall not assign or sublet the contract. or any portion of the contract. without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29, HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295. adopted by the 84th Legislature. created a2252.908. Texas Govemment Code, Section 2252.908 requires a business entity entering into certain contracts with a govemmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: hum: w w ci lubbock tx Lis departmental -websi les d martments'nurch ing %end r infornation 30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 31. By accepting this PO, connector acknowledges that pursuant to Section 2270.002 of the Texas Government Code. Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002: or (it) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. Rev. 06 19 (800) 687-0008 www.AscoEq.com INVOICE TO: CITY OF LUBBOCK - ACCT DEPT CONTRACT 14254 PO BOX 2000 LUBBOCK TX 79457-0001 (806) 775-2146 Mode of Payment: On Account 0 /15C11 w�soalatsd suvWr oom�eu�, hw. ESTA9�D leeo ASCO EQUIPMENT 2102 EAST SLATON ROAD LUBBOCK TX 79404 (806) 745-2000 SERVICE INVOICE REMIT TO ASCO EQUIPMENT P.O. BOX 3888 WBBOCK, TX 794S2 WORK SITE: CITY OF LUBBOCK-ACCOUNTING ABERNATHY ABERNATHY TX INVOICE NO CUSTOMER NO CUSTOMER PO INVOICE DATE PAYMENT TE MS SWO051012.1 BP0007965 819526 6/26/2019 Net 30 SALESPERSON: House SERVICE ORDER : SWOOSIO12 CONTACT: REF: AI -Jon MODEL: $00 S/N: 30002 CUST UNIT: 92016007 UNIT: E00054718 METER : 11,798.00 SEGMENT : 1 LEAKING REAR AXLE Field Repair SEGMENT TYPE: Chargeable AI -Jon MODEL: 500 SIN: 30002 CUST UNIT: 92016007 UNIT: E00054718 METER: 11,798.00 WORK SITE: CITY OF LUBBOCK-ACCOUNTING ABERNATHY ABERNATHY TX LOCATION: WORK DESCRIPTION: MAKE SERVICE CALL AND REPAIR LEAK ON BOTH SIDES OF REAR AXLE CAUSE: MADE SERVICE CALL TO LOCATION. FOUND OIL COMING FROM INSIDE WHEEL CONTACTED REXROTH. COULD BE PLANITARY HUB SEAL. CORRECTION: PLACED MACHINE ON JACK STANDS. REMOVED WHEEL AND FINAL DRIVE. SHIPPED TO REXROTH FOR FURTHER REPAIRS. CUSTOMER PURCHASED NEW FINAL DRIVE_ ATTEMPTED TO INSTALL AND FOUND REXROTH DID NOT SEND RING ADAPTER TO MOUNT TO THE AXLE HOUSING. CLEANED AXLE HOUSING OUT OF ALL DEBRIS. INSTALLED RING ADAPTER TO AXLE HOUSING. CONNECTED ALL HYDRAULIC HOST•:; AND FITTINGS TO DRIVE MOTOR. INSTALLED WHEEL AND TOOK OFF OF JACK STANDS. LEFT SIDE FINAL DRIVE HAD LEAKING DRIVE MOTOR ORING FOR CASE DRAIN HOSE. REPLACED ORING AND OPERATED MACHINE TO .'EST. RETURNED MACHINE TO SERVICE. COVERAGE: LABOR 59 HOURS @ $110.00 _�- ITEM ! DESCRIPTION QTY PRICE CORE TOTAL Lot ID 1 F X 3/4 M FRIC BALL 2.00 28.17 56.34 8OW140 CEN PRO 1.00 331.87 331.87 ADAPTER 1.00 7.98 7.98 QUICK COUPLER 1.00 5.96 5.96 10 FJIC X 10 HOSE 1.00 28.76 28.76 MALE 37 METRIC DIN 1.00 27.36 27.36 10 HOSE X 12 MORS 1.00 33.44 33.44 3000 PSI HOSE 12.00 1.07 12.84 PLANETARY, REXROTH GFT110.83 1.00 37,550.36 7,800.00 45,350.36 SHOP SUPPLY/ENV FEES FREIGHT/TARIFF MILEAGE LABOR 1.00 500.00 1.00 4,194.66 120.00 2.Q0 500.00 4,194.66 240.00 6,490.00 SEGMENT 1 TOTAL: 45,854.91 PARTS 6,490.00 LABOR 4,934.66 MISC. 57,279.57 TOTAL LABOR 6,490.00 MISC. 4,934.66 SALES TAX 0.00 PAGE NO: 2 of 4 city Of $Lubbock rExAs TO: PURCHASE ORDER ASSOCIATED SUPPLY COMPANY 2102 E SLA'FON ROAD LUBBOCK TX 79452 51-111r TO: Page - I Date - 6/ 19/2020 Order Number 31053307 000 OP 526 CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE: LUBBOCK TX 79404 IyVO10ETO: CITY OF LLIBBQCK ACCOUNTS PAYABLE P.Q. BOX 2000 LU88[ICK, i'x 79457 lil*-%1aFr\harCZ. Director of Purchasing & Contract Managcuunt Ordered 6/ 1912020 Requested 7/10/2020 Delivery L MOBBS REQ 55854 Description/Supplier Item Parts INV 1020993 Labor Misc 1'enns NET 30 DAYS Freight Taken By CONTRACT 14254 R ROCHA Ordered Unit Cost UNI _ Extension Request Date 1.000 51.047.9200 EA 51,0 37.92 7/ 10,2020 1.000 6,050,0000 EA 1.000 1,740.0000 EA Total Ot&r 6,050.00 7/10/2020 1.740.00 7/ 1012020 5&831.92 This purchase order encumbers funds in the amount of $58,837.92 awarded to Associated Supply Company Inc. of Lubbock, TX. on September 13, 2018. The following is incorporated into and made part of this purchase order by reference: ITB 18-14198-SG dated July 27, 2018, from Associated Supply Company Inc, of Lubbock, TX. and Resolution No. 201 R-R0293. CITY OF LUBBOCK Daniel M. Pope, Mayor 7N, Rebecca G"Secrelar Rev. 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Grvmvl Cme, ry Yyly b my cadre tl rh amvor or .mbr pm met y weep u he IvmbeuE V me nmrmrerrmbrbwNylye<IummWlyhiY,. wmplr-*b.rpl.mmnfw.eehm.. . rm.m, asmm fsx>oNOe(rbTvuce.e<dm cAn mvclyef WPbx\ badYmA m< k0ev'iY®eileeo-m buSiee WYi iele.murnewvm+meY bemgmmulef rrquw,: ' O.ry1ml:dh�L,y PMd uA rli rqumre me mulvWm br'vmle pee®1 KEv IIon (800)687-0008 I15C/l e AmmmleM 79upPh 47mnmety, Irro. wwwA9wEq.4XNn mt.s®®.u® INVOICE TO: �"✓� 1 CITY OF OCK-ACCT DEFT CONTRACT TRACT 14254 / B LUBBOCK O It'Jn LU0CK 794571 (BOB)775-214798 -000 Mode of Payment: On Account ASCO EQUIPMENT 2102 EAST SLATON ROAD LUBBOCK TX 70404 (805) 745-2000 SERVICE INVOICE REMIT TO ASCO EQUIPMENT P.O. BOX 31188 LUBBOCK, TX 79452 WORKSITE: CITY OF LUBBOCK-ACCOUNTING ABERNATHY ABERNATHY TX INVOICE NO CUSTOMER NO CUSTOMER PO INVOICE DATE IsAYM ENT7ERMS SWO102OW3 SPDO07965 980582 5/27/2020 Na130 SALESPERSON: House SERVICE ORDER: 5WO102099 CONTACT: REP; AIJon MODEL: 600 SIN: 1072 CUST UNIT: 92019003 UNIT: E00102439 METER: 2,138.W SEGMENT:1 FINAL DRIVE Fleld Repalr SEGMENTTYPE: Chargeable AIJon MODEL: 600 SIR: 14672 CUSTUNIT: 92010003 UNIT: E00102439 METER:2,138.00 WORKSITE: CITY OF LUBBOCK-ACCOUNTING ABERNATHY ABERNATHY TX LOCATION; WORK DESCRIPTION: MAKF ;ERVICE CALL AND REPAIR RICH. REAR FINAL DRIVE CAUSE: Tech mad. sarvi-e all and found right roar final drive was trying it lock up. Frond burned oil and me: at si'.. ring on top of final drive housing. Found vent on the final drive wee a pped up, causing the il to over heat and press_.re build .p. CORRECTION: Tech inspe 'ad nit. Removed ..I. cover. Claanad out axle housing to gain access t. final drive and motor. Pulled mtar back nff of final drive. Tech C nterred Mike Sander. with Iri County. Instructed tech Lo stroke the pump and make sure the motor would turn and that no oil was coming by drive motor veals causing final drive to over fill. Tried jacking the unit up frir 4 hours, bit the unit kept sinking back down. Moved unit to another location is find harder surface tr lift the unit. Removed wheel and final drive. Reinstalled final drive and filled with w oil. Ins-.atled drive ii and wheel back onto the machine. Ope cater the unit for 2 hour.. No leaks :r issues found at this time. Unit ready for use. COVERAGE: :.ABOR 55 HOURS B s110.01 ITEM / DESCRIPTION OTY PRICE CORE TOTAL Let ID 2341390411 FINAL DRIVE, FUNK 1.00 51,021.50 15,700.00 60,727.50 020-25643 GASKET (D) 2.00 10.21 20,42 23413906RC CORE. FUNK PLANETARY -1.00 15,700.00 -15,700.00 Shop supply/ENV Fees 1.00 1.500.00 500.00 MILEAGE 120.00 2.00 240.00 FREIGHT 1.00 1,000.00 1,000.DO LABOR 01050.00 BEG ENT 1 TOTAL: 51.047.02 PARTS 6,050.00 LABOR 1.740.00 MISC. 50,837.22 TOTAL PARTS 51.047.92 LABOR 6.050.00 MISC. 1.740.00 SALES TAX 0.00 OTALINVOICE 55,507.0 Resolution No, 2018-R0293 Item No. 6.18 September 13, 2018 RE.SMAIT1ON IW I I R13t ll.\'IA) BY ME CITY COI, NCII.OI' 11IF (•ITS OP LUBBOCK: MA I the \Im ur u(the Cin ul I.ubbnek Is hercb) muhurin•d and directed to execute 6,r and un heh:tll u( the ("il) ul Lubbock. Scr%iee Contract Nu. la:;a tin maintenance and repairs tin Cit.\ heart vehicles and cyuipment. It) and hetttcen Ibe ('itt ul I.ubboek and Ass,1CMIe(I Suppl) t'o Inc . and related documents. Said Cmaract is attached hereto and incorporettcd in this rC?UIt1111111 as it lidl) set li,rth hcrcin and shall he included in the minutes ot•lhe ('it) ('utumil. Passed b) the CityCouncil an September 13, 2018 _. OANII•I M. POPL. MAYOR \1-1 hS I: Re he a (iar Sccrctar) I�I O CON �I I(.�.N�1(,/(Y�� Scion Snider. Assistant ('it) Manager :\PPR fOYIi) AS TO FORM: K: lh Leisure. ,\ssinl:un Cit.:\hornet Ancu tt lo. 2111it Cin of Lubbock: I X A ssoicuted Supph Compam. Inc al'Luhhuck.'IX Maimenunce Repair, to Ideuq Vehicles and Equipment L.hihitA 'trucks over 19.500 Ibs C\'Wit (Class 6-7-8-9) Including Sweepers Category 1 u Cost Labor rate per hour (Billed in increments of full, hall. and 1-4 hours) 5 I1(1 % Markup ahovc(b :loo pan% 30. 50 % Pickup and Belk or per mile 4 Service call per hour 0 Sen Ice edl milcaee Ice per mile 2 Category 2 Off-ItunJ Fquipmem (Tnrrtars. Unckhoes, Leaders, Esenramrs, Cost Uozers. Graders. Scrnners, and Cranes) Labor rate per hour (allied in increments offull. halh and U4 houril $ Ila % markup ahuve/below parts 30 - 50 % Pickup and deliver per mile 4 Sen ice call per hour 0 Senice call mileage fee per mile 2 Categary 3 Trnilen(Utility Pipe, tiny, Equipment, Crew, and Cargo) Cost Labor rate per hour (Billed in increments ol'fuIt, half, mid 1/4 hours) $ HIS °'..\kukup ahove/hclow part, 30.50 % Pickup and Jcliver per mile 4 Son ice call per hour 0 Sam ice call mileage Ice per mile 2 Category 4 Forklifts (Clark, flrster, Cat, Daewoo, Case, I lilift, Princeton) Cost Labor rate per hour l Billed in increments of full. half, and 114 hours) $ 105 4u Markup be, O'cgoupans 30 - 50 % Pickup and del leer per mile 4 Sun ice call per hour 0 Sen Ice call mileage fee per mile 2 CITY OF LUBBOCK CONTRACT RENEWALIEXTENSION NOTICE ECIION 1 -NOTICE OF RENEWAVEMNSION Contract Effective Date: 09/132018 End Date: 09/22023 Solicitation No/Dee ID: ITB18.14198-SG Contract Tide: Maintenance&. Repairo i City Heavy Vehicles and Egmpmeut Contract: 14254 Emensipn: I of 4 New Contract Term: 09/132019-09/122020 SECTION 2- VENDOR/CONTRACTOR WFORMATION DBPUI F.NT INFORMATION: Conlnetot/Veodor. Associated Supply Co. Inc. Department: Fleet Contact Freddy Gshwend Contact: Billy Taylor Phemc: (806)745-2000 Ext: 2376 Finail: Fnddy0swamocom .JBaaatncan:aae a •/In42aax.Rl Dlb The parties agree th<contnet will expire at midnight on the date dafined as the "End Date of the New Contract Tam"unless the parties agree to rcocw/extend the contract form addition.] period olfeN: SECTION 4 _ CONTRACT TERM: The terms end eonditions of the original contract shall remain in place and are not altered by this rmeweL4ztemsioa SECTION 5 - WFORMATION VERIFIED BY DEPARM.ENT AND APPROVED BY: Cost Center: Account S Cost Caner. Account: 5 ACCEPTED BY: / CffY M1.10MCK DEPARTMEM HEAD Dne NTRA PSIGN'ATUHE +ro INSURNACY VERBIP.D pate MZ�IUROWVENDOR irRl' —foi l 11.RECT RO CWMQ&CONIRAOT Dvro M IAGUIZITT DECLINIED BY: CONTRACTOR nne nFSARTMENTERM) Dale REASON: Im 51 109 City of Lubbock TEXAS PURCHASE ORDER TO: ASSOCIATED SUPPLY COMPANY 2102 E SLATON ROAD LUBBOCK TX 79452 Page - Date - 4/13/2021 Order Number 31058736 000 OP Branch/Plant 3526 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79404 INVOICETO: CITYOFLUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY 4M varez, Director of Purehasing & Contract Management Ordered 4/13/2021 Freight Requested 4/13/2021 Taken By Delivery PER L MOBBS REQ 57236 CONTRACT 14254 C MULLEN If you have any questions in regard to this order, please contact Lisa Mobbs at (806) 775-2185 Description/Supplier Item Ordered Unit Cost UM Extension Request Date PARTS 1.000 33,349.5800 EA 33,349.58 4/13/2021 1NV 138369 LABOR 1.000 12,595.0000 EA 12,595.00 4/13/2021 MISC 1.000 5,907.8700 EA 5,907.87 4/13/2021 Total Order Terms NET 30 DAYS 51,852.45 This purchase order encumbers funds in the amount of$51,852.45 awarded to Associated Supply Company, Inc. of Lubbock, TX, on September 13, 2018. The following is incorporated into and made part of this purchase order by reference: Contract 14254 from Associated Supply Company, Inc. of Lubbock, TX. Resolution# 2018-R0293. CITY OF LUBB CK: Daniel M. Pope, Mayor Z T: N- Rebkcca Garza, City Secr ti Rev. 1/2020 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX L SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e 11 e r shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seiler if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of felling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alterative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract The obligations contained herein apply to products and services provided by the Seller, its sub- Seiler or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. in the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. if Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seiler in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15. TERMINATION. The performance of work under this ordermay be terminated in whole, or in part by the Buyer in accordance with this provision Termination of work hereunder shall be effected by the delivery of the Seiler of a "Notice of Termination' specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein. 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terns of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformitywitb this paragraph. 18. WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date ofthis agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding Party may treat this failure as an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seiler or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shalt be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractors records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the foil amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassifred. (Texas Government Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2232.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: http*,Iwww.ci. htbbock.tx.us.'doatimental-websites/deoartments/purchasiny'vendor•infonnation 30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terns and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The term and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 31. HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Goverment Code by verifying that: (1) The Contractor does not boycott Israel; and(2) The Contractor will not boycott Israel during the term of the Agreement. 32. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization 33. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 34. Pursuant to Section 552.234(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request: orwa mylubbock.us. Please send this request to this email address for it to be processed. REV. 12020 (800)687-0008 www.AscoEq.com 7 o V, INVOICETO: CITY OF LUBBOCK - ACCT DEPT �- ` CONTRACT 14254 PO BOX 2000 LUBBOCK TX 79457-0001 (806) 775-2146 Mode of Payment: On Account c9AIC �/ 0 nt�oolot�a swnnb OompanY. Mo. Ear� +eeo ASCO EQUIPMENT 2102 E. SLATON RD. Lubbock TX 79404 OD67452000 SERVICE INVOICE REMIT TO ASCO EQUIPMENT P.O. BOX 3888 LUBBOCK, TX 79452 WORK SITE: CITY OF LUBBOCK-ACCOUNTING ABERNATHY ABERNATHY TX INVOICE NO CUSTOMER NO CUSTOMER PO INVOICE DATE PAYMENT TERMS SWO138369-1 BP0007965 WONID66757 3/28/2021 Net 30 SALESPERSON: House SERVICEORDER: SWO138369 CONTACT: REF: AIJon MODEL: 500 SIN: 30002 CUST UNIT: 92016007 UNIT: E00054718 METER: 10,710.00 SEGMENT: 1 NO POWER Shop Repelr SEGMENTTYPE: Chargeable AIJon MODEL: 600 SIN: 30002 CUSTUNIT: 92016007 UNIT: E00054718 METER:1,045,876.00 WORK SITE: CITY OF LUBBOCK-ACCOUNTING ABERNATHY ABERNATHY TX LOCATION: WORK DESCRIPTION: MAKE SERVICE CALL AND REPAIR NO POWER ISSUE CAUSE: MADE CALL FOR NO POWER OPERATED MACHINE FOUND MACHINE WAS PUTTING OUT HEAVY BLACK SMOKE. REMOVED TURBO INTAKE PIPE FOUND TURBO HAD CAME APART. CONTACTED CUSTOMER & INFORMED THEM OF THE PROBLEM. CAME BACK TO THE SHOP ORDERED TURBO. RETURNED TO START REMOVING TURBO AND CHARGE AIR COOLERS. FOUND METAL FROM THE TURBO HAD MADE IT ALL THE WAY TO THE INTAKE OF THE ENGINE. INFORMED CUSTOMER OF THE FINDINGS. CUSTOMER REQUESTED AN ESTIMATE TO REBUILD THE ENGINE. IN THE MEANTIME WE RETURNED TO REINSTALL ALL PARTS BACK ON THE MACHINE SO THAT IT COULD BE MOVED AWAY FROM THE TRASH WORKSITE. NEXT, WE REMOVED THE NECESSARY COMPONENTS TO ACCESS THE ENGINE IN ORDER TO REMOVE IT. WE DRAINED OUT ALL COOLANT, ENGINE OIL. REMOVED HOOD ALL 4 HOOD BOLTS BROKE. REMOVED FROM SHROUD ALL COMPONENTS NEEDED TO REMOVE ENGINE FROM MACHINE. LOADED ENGINE IN TRUCK BROUGHT TO THE SHOP FOR FURTHER REPAIRS. WE SENT AN ESTIMATE FOR A LONG BLOCK & OTHER COMPONENTS NEEDED TO BUILD UP ANOTHER ENGINE. ESTIMATE APPROVED. ORDERED PARTS. CORRECTION: WE TRANSFERRED PARTS FROM ORIGINAL ENGINE TO THE NEW LONG BLOCK ENGINE, TO INCLUDE THE FOLLOWING, ALL COMPONENTS INSTALLED WITH NEW GASKETS AND HARDWARE AS NEEDED. OIL PAN, ALL TIMING GEARS AND COVER, WATER PUMP, HEAT EXCHANGER (REMANNED UNIT), OIL PUMP (NEW), THERMOSTATS (NEW), EXHAUST MANIFOLD, TURBOCHARGER (REMANNED UNIT), WIRING HARNESS, FUEL INJECTORS (HAD ALL 6 OF THESE REBUILT), CAM, FOLLOWERS, VALVE BRIDGES OIL AND FUEL FILTERS, ALONG WITH BELL HOUSING, ALL NEW GASKETS SEALS AND ORINGS. SET UP TIMING GEARS AND ADJUSTED BACKLASH. ADJUSTED VALVES AND FUEL INJECTOR HEIGHT. REPAIRED WIRING AS NEEDED. MADE CALL TO CLEAN OUT ENGINE BAY THAT WAS SUPPOSED TO ALREADY BEEN DONE. BY CrTY BUT WAS NOT. 2 HRS. REMOVE AND INSTALL INPUT. SEAL INTO THE DROP BOX BEFORE INSTALLING ENGINE. INSTALLED ENGINE BACK INTO MACHINE AND MOUNTED. WAITED FOR 2 HRS ON CITY TO BRING WATER TRUCK TO THE UNI" USED CASCADE AND WATER TRUCK TO FLUSH OUT AIR CHARGE COOLER. REINSTA*-LED AL:. INTAKE SYSTEMS. REINSTALL FAN AND SHROUD. INSTALLED NEW ENGINE HARNESS MOUNTING BRACKET; OTHER BRACKET WAS BROKEN. INSTALLED ALL ENGINE COMPONENTS ELECTRICAL BACK TO THE UNIT. INSTALLED NEW FUEL FILTERS TO THE UNIT. RAN AND TESTED FOR 2 HRS NO LEAKS. NO CODES. REINSTALLED ALL HOODS AND SIDE PANELS. ITEM / DESCRIPTION CITY PRICE CORE TOTAL Lot ID BRAKE CLEAN 12.00 3.56 42.72 TURBO 1.00 3,416.15 1.810.73 5,226.88 GASKET 1.00 11.20 11.20 BOLT 4.00 15.76 63.04 NUT 4.00 9.95 39.80 GASKET 1.D0 15.40 15.40 GASKET 1.00 15.72 15.72 PENETRANT,FR 1.00 14.61 14.61 LONG BLOCK, REMAN 1.00 19,790.40 5,880.00 25,670.40 GASKET SET 1.00 415.00 415.00 PUMP, OIL 1.00 916.28 1,686.50 2,602.78 OIL COOLER, REMAN 1.00 1,379.13 70&08 2.082.21 CORE, TURBO -1.00 1,810.73 -1,810.73 CORE, ENGINE -1.00 5,880.00 -5,880.00 PUMP, OIL -1.00 1.686.50 -1,686.50 OIL COOLER, REMAN -1.00 703.08 -703.08 3M BLACK GLUE 1.00 11.99 11.99 HOSE, FUEL 1.00 73.24 73.24 LIP SEAL 1.00 19.65 19.65 REGULATOR, TEMP 2.00 71.82 143.64 NUT 12.00 9.95 119.40 STUD, TAPERLOCK 11.00 17,46 192.06 STUD 1.00 18.89 18.89 TUBE, OIL DIPSTICK 1.00 160.93 160.93 LUBE FLTR;AIR & LIOU 1.00 24.28 24.28 FUEL FLTR 12 1.00 14.49 14.49 ANTIFREEZE XHD UNIV. PRE -MIX 10.00 1S.42 154.20 GAL SYNTHETIC OIL 11.00 47.78 525.58 ANTIFREEZE XHD UNIV. PRE -MIX 6.00 15.42 92.52 REBUILD INJECTORS 1.00 3,584.36 3,584.36 FREIGHT 1.00 173.40 173.40 FREIGHT 1.00 591.00 591.00 MILEAGE 120.00 2.00 240.00 SHOP SUPPLIES/ENV FEE 1.00 500.00 600.00 FREIGHT 1,00 685.60 685.60 LABOR 12,595.00 SEGMENT 1 TOTAL: 27,670.32 PARTS 12,595.00 LABOR 5,774.36 MISC. 46,039.68 TOTAL SEGMENT; 2 TORSION COUPLER SSS SEGMENTTYPE: Chargeable AI -Jon MODEL: 500 SIN: 30002 CUST UNIT: 92016007 UNIT: E00054718 METER: 1,045.876.00 WORK SITE: CITY OF LUBBOCK-ACCOUNTING ABERNATHY ABERNATHY TX LOCATION: WORK DESCRIPTION: WE REMOVED THE TORSION COUPLER & FLYWHEEL TO REBUILD THE ENGINE. WE FOUND THAT SOME OF THE SPRINGS IN THE TORSION COUPLER WERE BROKEN & THE OTHERS WERE WORN OUT, CAUSE: GAVE PRICE TO CUSTOMER FOR THE COUPLER. APPROVED. ORDERED 2/3/21 CORRECTION: INSTALLED THE NEW TORSION COUPLER WHEN REASSEMBLING THE ENGINE. ITEM / DESCRIPTION QTY PRICE CORE TOTAL Lot ID COUPLING, TORSIONAL DRIVE 1.00 5.679.26 5,679.26 FREIGHT 1.00 133.51 133.51 SEGMENT 2 TOTAL: 6,679.26 PARTS 0.00 LABOR 133.51 MISC. 5,812.77 TOTAL ITT ..a •,�1 RAN SALES TAX 5,907.87 0.00 0-�� P�1T ".-6( 5 TERMS, LIENS, MD.CONDITIONS Customer agrees to the following terms and conditions in regard to tin purchase of the equipment, parts or repairs described on the front of this agreement {these terms and conditions include tin• information on the tront of Uds agreement and the terms and conditions stated within the Customer's Credit application and rental agreement, ff any, all of which an part of this agreement): Inspecpons; Aoeaptance of Parts and/ or iygafpment: Customer represents and acknoWedges that it has Inspected the goods. services and equipment purchased by Customer from Associated Supply Company. Inc ('ASCO`), finds the same to be In satisfactory condition, property operating, and tit for the use or purpose Intended by Customer. Customer acknowledges that the equipment or parts purchased have been sewed solely by Customer for the purpose such equipment or parts are to be used and without reliance on ASCO or its employees, and that ASCO (1) has not selected the equipment or parts purchased, and (il) Is not responsible for the suitability of the equipment for the use Customer Intends. Customer agrees that except as expressly set forth in this agreement, ASCO Is not liable for and makes no warranties, either express, Implied, or by operation of law, as to any matter whatsoever Including, without Urnttadon, the condition of the equipment or parts, Its mwehantablltty, or its fitness for any particular purpose, and Customer releases ASCO to the futfest extent allowed by law from any warranties, express, Implied or arising by operation of law. There are no warranties which extend beyond the description of the equipment or parts on the front of this agreement. Lien and Securely lnt+en t Related to Repair Work Customer hereby authorizes an repair work to be done along with materials therefore and other repalm and materials Incidental thereto. ASCO's employees may operate the above vehicles for purposes of testing. Inspection or delivery at Customer's risk An express possessory lien under Chapter 70. Subchapter A of the Texas Property Code, and a Security interest under Title 1. Chapter 9 of the Texas Business and Commerce Code (Unfl'orm Commeraer Code - Secured Transactions) is granted to ASCO upon the machines. equipment and vehicles being repaired to secure all charges for labor, materials, and related expenses. Possession of the machines, equipment and vehicles may remain with ASCO until all charges are paid or arrangements satisfactory to ASCO are made. ASCO will not be held responsible for loss or damage to machines, equipment, or vehicles or articles left therein In case of fire. theft, accident or any other cause beyond ASCO'S control. Repairs are warranted for 90 days after the date of the repair, however, no warranty will apply If the Invoice for such repairs is unpaid r Secudty laftrsst. Title to the goods, services and equipment will remaln with ASCO until the total purchase price of goods, services and equipment has been paid In full. Customer grants to ASCO an express security Interest under Title 1. Chapter 9 of the Texas Busfness and Commerce Code In the goods, services, and equipment to secure all charges therefore. In event of default In payment for the goods, services and equipment described herein, no further charges or purchases will be allowed. Purchaser further agrees to pay all costs of caollectton or enforcement hereof, Including reasonable attorney's fees. for charges not paid that are more than 30 days past due. Exclusive jurisdiction and venue for any litigation between Customer and ASCO Is In any district court or county court of law of Lubbock County, Texas. CUSTOMER HEREBY UNCOND17IONALLY WANES ITS RIGHTS TO A JURY TRIAL. Parts Policies: • Back ordered Items will be shipped as soon as available. • Electrical parts are non -returnable. • Special order parts and parts made as ordered" are non-refundable. • Cores must be returned for credit within 10 days of purchase. • Returned parts must be accompanied by a pad" list or Invoice and are subject to a 15% restocking charge. • Claims for shortages or damages must be received within 5 days of sale, Limltatton of Purchasees Remedies. The Customers remedies. In the event of any claim made by the Customer against ASCO with respect to the goods, services and equipment sold here, shall be limited to return of such goods and equipment and repayment of the purchase price therefore or to repair and replace nonconforming goods, services and equipment. No consequential damages are permitted against ASCO In connection with the sale or the use of the goods, services and equipment sold here. hrdemnfReation. To the flullest extent ponnilted by law, Customer agrees to Indemnify and hold harmless ASCO firom and against any and all flab ft, wits, calms, demands and =00ns, and costs and expenses, including reasonable atromey's foes, loss of profX business tatermptlon or other special or consequential damages, damages raftUng to property damage, bodily btfury, or damages relatfag to wmn9fut dealb, claimed against ASCO, and any of ASCO's offs dem directors, agents, or employees, arising out of or related to pre services, parts, equipment suppllds, goods and servkes fttnrished here, whether caused In whole or M fi= by the negJtgA= of ASCO: however, thfs paragraph IS not Infanded to indemnify ASCO lbr the replacement costs thereof as set tbrift above or parts, services or equipment supplied by ASCO whtoh has been elrpmssly wanwod in wrNng Servke Charge. All accounts past due 30 days will be charged a service charge at the periodic rate of t %% per month, which is an annual percentage rate of 18%. Like Kind Exchange. Notice Is hereby given that ASCO may assign Its rights under this agreement to ASCO Exchange. LLC (or other entity) to sell the rental equipment described herein and. If applicable, to purchase trade -In property described herein. PAGE NO: 4 of 5 �!4 City of Lubbock TEXAS PURCHASE ORDER ASSOCIATED SUPPLY COMPANY TO: 2102 E SLATON ROAD LUBBOCK TX 79452 Page - Date - 1 of 2 1 /3/2023 Order Number 31071258 000 OP Branch/Plant CITY OF LUBBOCK SHIP TO: FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 4BY:Y Marta Director of Purchasing & Contract Management Ordered 1/3/2023 Freight Requested 1/30/2023 Taken By Delivery PER L MOBBS, REQ 59689 INSURANCE REQUIRED: PUR 17083/ CONTRACT 14254 Commercial General Liability: $1,000,000 occurrence $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. SBALLANCE Workers Compensation and Emi lover Liabilitv: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1,000,000) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: N/A Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automotive Liability: Combined Single limit for Any Auto - $1,000,000' occurrence as needed. *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. This purchase order encumbers funds in the amount of $94,310.88 awarded to Associated Supply Company Inc of Lubbock, TX, on September 13, 2018. The following is incorporated into and made part of this purchase order by reference: Invoice dated August 9, 2022, from Associated Supply Company Inc of Lubbock, TX, and Contract 14254. Resolution # 2018-RO293 A ST: Rebe4 Garza, City Secretary 3526 4400. City of PURCHASE ORDER Lubbock TEXAS ASSOCIATED SUPPLY COMPANY TO: 2102 E SLATON ROAD LUBBOCK TX 79452 Page - 2 of 2 Date - 1/3/2023 Order Number 31071258 000 OP Branch/Plant 3526 CITY OF LUBBOCK SHIP TO: FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 *BY:Director of Purchasing & Contract Management Ordered 1/3/2023 Freight Requested 1/30/2023 Taken By S BALLANCE Delivery PER L MOBBS, REQ 59689 PUR 17083/ CONTRACT 14254 Ifyou have any questions, please contact Lisa Mobbs: LMobbs mylubbock.us or 806-775-2185 Description/Supplier Item Ordered _ Unit Cost UM Extension Request Date Parts 1.000 71,003.0600 EA 71,003.06 1/30/2023 Labor 1.000 20,570.0000 EA 20,570.00 1/30/2023 Misc 1.000 2,737.8200 EA 2,737.82 1/30/2023 Total Order Terms NET 30 DAYS 94,310.88 Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARDTERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES. by supnlvine any Goods or Services that the Contractor has read, fully understandsand will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any tams and conditions provided by the Contractor unless awyed upon in writing by the parties. In the event of conflict between the City's terms and conditions and anv terms and conditions provided by the Contractor. the terms and conditions provided herein shall I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. 0. Box 2000. Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing Favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller wan -ants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount ofsuch commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free perfonmanceand fault -free result in the processing date and daterelated data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contact, individually or in combination, as the case may be from the effective date of this Contam The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creation or development ofthe products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contact including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. in the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contact for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller issued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contact shall be null and void. 12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of ronappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contact is spent, whichever event occurs first. If atany time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them 14. CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Nonce of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein. 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. IS. WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in par by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the tents oftheir agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other parry's intent to perform he may demand that the other party give written assurance of his intent to perform In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 14. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all foes of relief in a court of competent jurisdiction Further, the City shall rat be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractors records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran. Sudan or a foreign terrorist organization 29. Texas Government Code. Section 2252.908 requires a business entity entering into certain contacts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contact to the governmental entity or sate agency. Instructions for completing Form 1295 are available at: htty, www.ci_lubbock.tx.usrdmamncmal- wcbs tesdeparinremis'purchasirtg vendor-informatio 30. No Boycott of li ael. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the tern of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contact resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contacts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contact can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 35. Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request, or u my lubbeck. us. Please send this request to this email address Por it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer REV. 32022 (800) 6874=8 wWw.A9wEq.c= INVOICE TO: CITY OF LUBBOCK - ACCT DEPT CONTRACT 14254 PO BOX 2000 LUBBOCK TX 79457-OWL (806) 775-2146 Mode of Payment: On Account 0 A*641 e I1��ootaRaa sv�hr Oenrpa�, pea. EEMAEUSF® 1e80 ASCO EQUIPMENT 2102 E. SLATON RD. Lubbock TX 79404 8067452000 SERVICE INVOICE REMIT TO ASCD EQUIPMENT P.O. BOX 3888 LUBBOCK, TX 79452 WORK SITE: CITY OF LUBBOCK-ACCOUNTING ABERNATHY ABERNATHY TX INVOICE NO CUSTOMER NO CUSTOMER PO INVOICE DATE PAYMENT TERMS SWO242949-1 SP0007965 1287445 8/9/2022 Net 30 SALESPERSON: House SERVICE O 242949 CONTACT: KEITH MARKHAM REF: AWon MODEL: 600 SIN: 14672 COST UNIT: 92019003 UNIT: EQ0102439 METER : 7,111.60 SEGMENT :1 LEFT REAR WHEEL Lift Trucks SEGMENT TYPE: Chargeable AI -Jon MODEL: 600 SIN: 14672 COST UNIT: 92019003 UNIT: E00102439 METER: 7,111.60 WORK SITE: CITY OF LUBBOCK-ACCOUNTING ABERNATHY ABERNATHY TX LOCATION: WORK DESCRIPTION: MAKE SERVICE CALL AND CHECKFOR THE LEFT REAR WHEEL LOCKING UP CORRECTION: MADE CALL FOR LEFT REAR WHEEL LOCKING UP. OPERATED THE MACHINE FOUND LEFT REAR WHEEL IS NOT LOCKED UP AND WILL FREE WHEEL. REMOVED FINAL DRIVE MOTOR CHECKED OPERATION ALL OK REINSTALLED MOTOR BACK TO THE FINAL DRIVE. HAD TO HAVE 2 TEST HOSES MADE AND CHECK PUMP PSI FOUND PUMP HAS 280 PSI CHARG PSI, 280 PSI ON THE MI PORT 0 PSI ON THE M2 PORT. FOUND THAT THE EDC PUMP CONTROLLER IS BAD, WILL ORDER PARTS. REMOVED AND INSTALLED PUMP CONTROLLER. HOOKED UP LAPTOP CALIBRATED PUMPS AND MOTORS ALL OK. MACHINE RAN PROPERLY FOR 1-2 DAYS OPERATOR STATED HE HEARD A NOISE. WHEN I MADE IT TO THE LOCATION MACHINE WAS STILL IN OPERATION. CUSTOMER CALLED BACK STATED MACHINE WAS STUCK IN THE TRASH FOUND. LEFT REAR WHEEL WAS LACKED UP. OPENED REAR DOORS TRIED TO STROKE THE PUMP WHILE OPERATOR HAD MACHINE IN GEAR TRYING TO GET THE MACHINE OUT OF THE TRASH. REAR WHEEL WILL NOT RELEASE. OPERATORS ENDED UP DRAGGING THE MACHINE OUT OF THE TRASH TO SPOT I COULD WORK ON. JACKED UP MACHINE AND PUT ON JACK STANDS. REMOVED THE LEFT REAR WHEEL. REMOVED ALL COVERS TO GAIN ACCESS TO THE DRIVE MOTOR AND FINAL DRIVE. MACHINE AXLE WAS COMPLETELY COVERED W DIRT AND DEBRIS IN THE AXLE HAD TO DIG DIRT AND DEBRIS OUT OF THE AXLE TO GAIN ACCESS TO THE MOTOR. REMOVED DRIVE MOTOR FROM THE UNIT STARTED AND RAN DRIVE PUMP AND MOTOR ARE WORKING PROPERLY BUT THE SPLINES ARE BAD AND HAD BEEN HOT. INFORMED CUSTOMER WILL HAVE TO REMOVE THE FINAL DRIVE FURTHER INSPECTIONS. REMOVED FINAL DRIVE BROUGHT BACK TO THE LUBBOCK SHOP AND OPENED FOUND EXCESSIVE AMOUNTS OF METAL TOOK PICS AND SENT TO FREDDY, KEITH, AND SHAWN. MACHINE WILL HAVE TO HAVE AND NEW FINAL DRIVE AND MOTOR. CLEANED OUT THE AXLE HOUSING. MADE CALL TO INSTALL REMAN FINAL DRIVE. WHEN I TRIED INSTALL FINAL DRIVE ALL MOUNTING HOLES ARE OFF BY 1/16 OF AN IN ALL THE WAY AROUND. FOUND FROM A PREVIOUS JOB A COUPLE YRS AGO W A DIFFERENT MACHINE SHOP. INFORMED CUSOTMER THAT THE AXLE WELDMENT TO HOLD THE FINAL DRIVE ON WILL NEED TO BE OUT OFF OF REWELDED. CONTACTED TRI-COUNTY EQUIPMENT THE WILL MAKE NEW PARTS THAT IS NEEDED TO WELD ONTO THE AXLE. TOOK ME ALMOST 2 DAYS TO CUT OF THE WELDMENT OFF OF THE AXLE. CLEARED UP THE AXLE. MOUNTED THE NEW PIECE MAKING SURE ALL WAS SQUARE OF LEVEL AND WAS IN THE FACTORY MEASUREMENT SPECS. WELDED NEW PIECE TO THE AXLE. INSTALLED FINAL DRIVE AND MOTOR TO THE MACHINE. REINSTALLED ALL AXLE COVERS. REINSTALLED WHEEL TOOK MACHINE OFF OF JACK STANDS. CALIBRATED MACHINE. RAN AND TESTED FOR 2 HRS W NO PAGE NO: 1 of 4 PROBLEMS. COVERAGE: LABOR 187 HOURS @ $110.00 ITEM ! DESCRIPTION OTY PRICE CORE TOTAL Lot ID MOBIL SHC632 SYNTHETIC OIL 2.00 425.11 850.22 123123S BOTTLE, SAMPLE OIL 2.00 29.99 59.98 P164375 DURAMAX 1.00 51.96 51.96 HP111-114" HYDRAULIC HOSE 5.00 9.75 48.75 PB254L 1500PS1 1500/l 1/4' L.F. GAUGE 1.00 17.86 17.86 403V 04U-104 FITTING 1.00 8.05 8.05 412V 04U-204 FITTING 1.00 15.08 15.08 DDG2404-04 METRIC TEST POINT ADAPTER 1.00 76.17 76.17 020-27391 CONTROL EDC 1.00 2,27219 2,272.79 B000002889 BRAKE CLEAN 2.00 7A7 14.94 23413900-R FINAL DRIVE, FUNK 1.00 58,130.47 15200.00 73,330.47 23644700-R MOTOR FIXED W/SPEED SENSOR 1.00 4.161.74 960.00 6,111.74 MOBIL SHC632 SYNTHETIC OIL 2.00 426.11 850.22 214274 GASKET MAKER 1.00 7.65 7.65 23413900-RC CORE, FUNK PLANETARY -1.00 15,200.00 -15.200.00 23644700-RC MOTOR FIXED W/SPEED SENSOR -1.00 950.00 -950.00 22023003 1/8X12 POINTED ARCAIR 5.00 99.40 497.00 TIL 594 6X6 BRONZE SILICA WELDING 1.00 140.18 140.18 ELAN RING GEAR RING, AXLE REAR 1.00 3,800.00 3,800.00 Shop supply/ENV Fees 2.00 550.00 550.00 FREIGHT 1.00 350.99 350.99 FREIGHT 1.00 244.81 244.81 FREIGHT 1.00 726.04 726.04 FREIGHT 1.00 385.98 385.98 MILEAGE 240.00 2.00 480.00 LABOR 20.570.00 SEGMENT 1 TOTAL: 71,003.06 PARTS 20,570.00 LABOR 2,737.82 MISC. 94,310.88 TOTAL PARTS 71,003.06 LABOR 20,670.00 MISC. 2.737.82 SALES TAX 0.00 OTAL INVOICE 94 310.88 s�os,%ao a 14;16 - . ar Q° GP.�oo( ��/ol �.Z a' PAGE NO: 2 of 4 CIT1' OF I.LBBOCK CONTRACT RE%EWAL/EXTE%SIGN NOTICE SECT;O% : • 4071( F OF RENLµ'ALEX-F%S1O% Contract Effective Date 09r:31C19 Solicitation No_Doc ID ITB :8-14198 SG Contract 14254 End Date 09j:3�2023 Mamtena-tce & Repair on Clay Contract Tlt:e Heavy Vel-.Icles and Equipment Extewc.ion 4 of 4 ?nce Sheet Attached L xlubit A Ne- Contract Teri 09 :3 2022 09.12i2023 SECTION 2 - VENDORXONTR ACTOR INFORMATION DEPARTMENT INFORWAT:ON TO BE VER.FIED Blr DEPARTME%T Contractor Vendor Associated Supply Co Inc Con'act Freddy Gthwend Phone (8C6)-45.200C Email f reddvg a<coedcorr SECTIO` ) • RE%EWAI,Fx7E%SION Department f legit Contact Dominic Espera: Ert 23%0 The parties agree the contract will expire at mtdntgh: or.:he date defined as the "End Date of the New Contract Terei u:Jess the parses agree to renew ex:gird the tort -act for ar additional pcnod of tare SECT:O\ 4 • CONTRACT TERM Tte terms and cond:uonc of the original contract shall remar, :r place and are rot a:tercd by this renewal'exterswrt. SU -10% 5 • MFORMAT.0% VERIFIF D BY DEPARTMENT AND APPROVED BY ITEM DESCRIPTION AMOU% A AMOL%T APPROVED A%D APPROPRIA'ED FOR RENEU AL EXTEWON TERM! Cost Center Accourl S Cost Ccn:er Account S CCEPTE:D BY: ,�-tNM�t1�1X)� C!TY OF LI B K DEPART EAD Datc �COV' �01FENOWORSICGMAT-JRC %7 E:pima' 12(1:? _ �SGSct/i !' ! -- NSERA%C VERIFIED D.rc CON MACTORVE%DORTFTL' DIRE OR RCHASI%G 8 CONTRACT Da-e VAtiAGEME� DECLINED BY: CO%TRACTOR Datc DEPARTMEN7 HEAD Me REASON _ - — — -- - - - - — CitN of Lubbock.] X Assoicated Supplv CompanN. Inc. of Lubbock. l'X Maintenance Repairs to I leave Vehicles and Equipment Exhibit A Category I Trucks over 19,500 Ibs GVWR (Class 6-7-8-9) Including Sweepers and Trash Trucks Cost Labor rate per hour (Billed in increments of full. half. and 114 hours) $ 110 % Markup above/below pans 30 - 50 % Pickup and deliver per mile 4 Service call per hour 0 Service call mileage fee per mile 2 Category 2 Off' -Road Equipment (Tractors, Backhoes, Loaders, Excavators, Cost Dozers, Graders, Scrapers, and Cranes) Labor rate per hour (Billed in increments of full, halt. and 14 hours) $ 110 °o Markup above/below pans 30 - 50 00 Pickup and deliver per mile 4 Service call per hour 0 Service call mileage fee per mile 2 Category 3 Trailers (Utility Pipe, Hay, Equipment, Crew, and Cargo) Cost Labor rate per hour (Billed in increments of full. half, and 114 hours) $ 105 "o :Markup above/below parts 30 - 50 °o Pickup and deliver per mile 4 Service call per hour 0 Service call mileage fee per mile 2 Category 4 Forklifts (Clark, Hyster, Cat, Daewoo, Case, Hilift, Princeton) Cost Labor rate per hour (Billed in increments of full. half. and 1/4 hours) $ 105 % Markup above/below parts 30 - 50 % Pickup and deliver per mile 4 Service call per hour 0 Service call mileage fee per mile 2 .\ rv..• - -� W u..a.r M....w.„ mu rtn u.i.ww: \�...........e c.....�\ ,� �a... \...L .J f ygw.w �JUMn 4 \K'�. 3!� City of Lubbock TEXAS PURCHASE ORDER TO: ASSOCIATED SUPPLY COMPANY IN 2102 E SLATON ROAD LUBBOCK TX 79452 Page - 1 Date - 6/9/2023 Order Number 31074367 000 OP Branch/Plant 3526 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79404 INVOICETO: CITYOFLUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta A are., Director of Purchasing & Contract Management Ordered 6/9/2023 Freight Requested 6/23/2023 Taken By E GARCIA Delivery PER L MOBBS REQ 60348 CONTRACT 14254 If you have any questions, please contact Lisa Mobbs. Email: lmobbs@mylubbock.us Phone: 806-775-2185 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Parts 1.000 18,018.1800 EA 18,018.18 6/23/2023 Labor 1.000 17,600.0000 EA 17,600.00 6/23/2023 Misc 1.000 15,568.6900 EA 15,568.69 6/23/2023 Total Order Terms NET 30 DAYS 51,186.87 This purchase order encumbers funds in the amount of $51,186.87 awarded to Associated Supply Company Inc. of Lubbock, TX, on September 13 2018. The following is incorporated into and made part of this purchase order by reference: Quote dated April 28, 2023, from Associated Supply Company, Inc. of Lubbock, TX, and Contract 14254. Resolution # 2018-RO293 CITY K: Tra ayne, )\ yor A la �d Cou ney Paz, City Secretary Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES. by supolving any Goods or Services that the Contractor has read. fully understands and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments The City disclaims any terns and conditions provided by the Contractor unless agreed upon in writine by the parties. In the event of conflict between the City's terms and conditions and any terns and conditions provided by the Contractor, the terms and conditions provided herein shall prevail The terms and conditions provided herein are the final terns agreed upon by the parties. and any prior conflicting terms shall be of no force or effect. 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's time and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate w a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e 1 I e r shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457, Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheers related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such - It. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault-frce performance and fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like, Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein. 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 18. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a tern defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be govemed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other parry's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 24. MBE, The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit bythe City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: h(w %� ,w.ci.lubbock.tx.us/departmental- websites/depart nments/purchw in e/vendor-i nfonnation 30. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Govemment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ill it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be temtinated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 35. Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request: orramvlubbock. us. Please send this request to this email address for it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer REV. 3/2022 (800) 687-0008 www.AscoEq.com �0 INVOICE TO: CITY OF LUBBOCK - ACCT DEPT CONTRACT 14254 PO BOX 2000 LUBBOCK TX 79457-0001 (806) 775-2146 Mode of Payment: On Account 0 COAGOON&O w�ootated �+aah► ownp�rgr, Ino. ssrnNUSi® ,oeo ASCO EQUIPMENT 2102 E. SLATON RD. LUBBOCK TX 79404 8067452000 SERVICE INVOICE REMIT TO ASCO EQUIPMENT P.O. BOX 3888 WBBOCK, TX 79452 WORK SITE: CITY OF LUBBOCK-ACCOUNTING ABERNATHY ABERNATHY TX INVOICE NO CUSTOMER NO USTOMER O INVOICE DATE PAYMENT TERMS SW0274380-1 BP0007965 O#13 11 4/28/2023 Net 30 AHouse SERVICE ORDER: SW0274380 CONTAC • KEITH MARKHAM REF : AkJon MODEL: 600 S/N: 14672 CUST UN117 920190QH UNIT: E00102439 METER: 8,265.00 SEGMENT: 1 LOW ENGINE OIL PSI SSS SEGMENTTYPE: Chargeable AI -Jon MODEL: 600 S/N: 14672 COST UNIT: 92019003 UNIT: E00102439 METER : 6,265.00 WORK SITE: CITY OF LUBBOCK-ACCOUNTING ABERNATHY ABERNATHY TX LOCATION: WORK DESCRIPTION: MAKE SERVICE CALL FOR LOW ENGINE OIL PRESSURE CAUSE: We made an initial service call to check fc�r a low engine oil pressure warning & a hyd leak. The pump or pumps that me,unt to the dropbox are leaking. We plumbed in a manual gauge to the engine & checked pressure. The pressure was good but it had stc-red faults for low pressure. We replaced the engine oil pressure sensor. The fault continued to pop up. We checked the pressure again; the pressure was fluctuating from 20 to 40 to 90. The relief valve in the engine oil pump is failing. The pump needs to be replaced. On another trip out; the engine was running sluggish. We inspected & found that one cf the charge air hoses had a hole in it; losing boost. We replaced both charge air hoses; boost is back. The engine needs to be removed & opened up to replace the oil pump. Due to the hours on this engine & CAT's suggestion of partially rebuilding their engine between 8,000 - 10,000 hours. We suggest tearing the complete engine down: at least replacing the rod & main bearings along with the pump. If we find other issues with the engine; we can update the customer. We sent an initial estim,;*e just to get a PO #. The work was approved. We removed the necessary components tc access the engine. We pulled the engine: the pressure plate & input shaft were welded together: we had to cut them to get the engine out. The engine came back hard when it released: the oil pan got damaged. Tore engine down: head bolts snapped off: the engine has been hot! Had the head tested: no cracks, slightly warped, can be resurfaced, cleaned, valve job, install new cam bearings. Had the injectors tested: 2 failed, 4 at the bottom end. Had turbo checked: nothing loose or leaking. A revisted estimate was sent & approved. CORRECTION: PULLED THE TURBO OFF AND THE WATER PUMP, THEN THE EXHAUST MANIFOLD, TOOK THE ALTERNATOR BRACKET OFF AND DISCONNECTED THE WIRING HARNESS AND REMOVED THE ECM. REMOVED THE OIL COOLER AND FUEL LINES AND THE FUEL FILTER HOUSING. PULLED THE VALVE COVER AND THE INJECTOR HARNESS. REMOVED THE ROCKER ARM ASSEMBLY AND THEN REMOVED THE INJECTOR. REMOVED THE FRONT COVER AND THEN REMOVED THE CAMSHAFT. REMOVED THE HEAD AND TOOK TO THE MACHINE SHOP TO BE CHECKED. TOOK THE TURBO AND THE INJECTORS TO BE TESTED. HAD THE TURBO RESULT AND GOT NEW RE -MAN INJECTORS. REMOVED THE DAMPER AND FLYWHEEL. LEFT THE ENGINE ON THE FLYWHEEL END AND PULLED THE ENGINE PAN OFF. THE ENGINE PAN HAD A HOLE IN IT, GOT A NEW ENGINE OIL PAN. PULLED THE OIL PUMP OFF AND THE BED PLATE. PULLED !,UT ONE OF THE MAIN AND ROD BEARINGS. CHECKED FOR ANY DAMAGE TO A BEARING OR A CYL WALL. REPLACED THE MAIN BEARINGS AND THE ROD BEARINGS. REPLACED THE OIL PUMP. PUT NEW GASKET ON THE BED PLATE AND THE OIL PAN. CLEANED UP THE CYLINDERS AND CHECKED THE CROSS HATCHING. PUT NEW CAM BEARINGS IN AND INJECTOR SLEEVES. PUT THE HEAD BACK ON WITH A NEW GASKET AND NEW BOLTS. PUT THE INJECTORS IN AND PUT THE ROCKLER ARM ASSEMBLY ON. SET THE TIMING AND ADJUSTED THE VALVES. PUT THE EXHAUST BACK ON AND THE WATER PUMP WITH THE OIL COOLER. PUT THE TURBO ON AND THE ALTERNATOR BRACKET. PUT THE FUE LINES ON AND THE FUEL FILTER HOUSING. PUT THE WIRING HARNESS BACK ON AND THE ECM. PUT THE FLYWHEEL ON AND A NEW DAMPER. LOADED THE ENGINE UP & RETURNED TO THE JOBSITE. REINSTALLED THE ENGINE & RECONNE::T£D ALL COMPONENTS THAT WERE REMOVED. ADDED FLUIDS BACK AS NEEDED. STARTED & RAN THE ENGINE. HAD TO ADJUST THE FUEL INJECTOR TRIMS CODES FOR PROPER RUNNING. THE ENGINE IS READY. COVERAGE: NOTE: WE CAN NOT RUN THE UNIT HARD RIGHT NOW AS OTHER REPAIRS ARE BEING MADE TO THIS UNIT ON A SEPERATE JOB. ONCE THOSE REPAIRS ARE COMPLETE WE WILL RUN THE UNIT HARD. ITEM / DESCRIPTION CITY PRICE CORE TOTAL Lot ID 23361400 HOSE 1.00 315.90 315.90 23357700 HOSE 1.00 118.76 118.76 274-6719 SENSOR, PRESSURE 1.00 246.34 246.34 23075366 OIL FILTER 2.00 85.78 171.56 A000002889 BRAKE CLEANE 2.00 6.38 12.76 A000002889 BRAKE CLEANE 3.00 6.38 19.14 A000002889 BRAKE CLEANE 2.00 6.38 12.76 A000029732 PB BLASTER,O 1.00 8.81 8.81 A000002889 BRAKE CLEANE 2.00 6.38 12.76 011-07447 SCOUR PAD 1.00 2.07 2.07 011-07448 PAD 1.00 2,10 2.10 OR-9449 PUMP, OIL 1.00 997.83 1,282.04 2,279.87 188-0210 GASKET 2.00 37.82 75.64 592-7327 KIT, CYLINDER HEAD GASKET 1.00 1,230.06 1,230.06 468-7272 KIT, GASKET OIL COOLER 1.00 228.61 228,61 150-4636 PAN, OIL 1.00 2,406.69 2,406.69 243-6718 KIT, BEARING CRANKSHAFT 1.00 838.47 838.47 382-9611 SHIELD, HEAT 1.00 241.82 241.82 216-5582 BEARING, SLEEVE 7.00 98.38 688.66 263-4920 SLEEVE, INJECTOR 6.00 41.35 248.10 166-2904 O-RING 12.00 24.20 290.40 9X-7430 O-RING 6.00 9.47 56.82 188-0210 GASKET 2.00 37.82 75.64 261-3450 BEARING, ROD 6.00 67.29 403.74 23943100 CLAMP, 6- MUFFLER 2.00 37.04 74.08 090-22809 BALL, VALVE 1.0 PIPE BRASS 1.00 53.78 53.78 30319600 COUPLING, TORSIONAL DRIVE 1.00 7,238.45 7,238.45 51-1-1504 WASHER, HARD 26.00 3.02 78.52 124-1855 BOLT, 12PT HEAD 16.00 27.42 438.72 124-1854 BOLT, 12PT HD 10.00 30.21 302.10 A000002889 BRAKE CLEANE 12.00 6.38 76.56 VALISW400 15W40 QT, PROMATCH 1.00 5.45 5.45 126-4935 SEAL 1.00 16.88 16.88 122-3772 O-RING 1.00 20.74 20.74 125.0434 SEAL 1.00 29.02 29.02 126-1756 BOLT, LOCKING 1.00 1.31 1.31 7E-6508 CAPASSEMBLY 6.00 18.07 108.42 OR-9449C PUMP, OIL -1.00 1,282.04 .1,282.04 A000030588 DISC,ROLOC 3 1.00 5.18 5.18 B000002889 BRAKE CLEAN 2.00 6.96 13.92 P551311 FUEL FLTR 12 1.00 21.26 21.26 P551808 LUBE FLTR;AIR & LIQU 2.00 36.14 72.26 326-1644 FUEL WATER SEPARATOR 1.00 53.49 53.49 70013271 15W40 1 Gal 13.00 29.41 382.33 73344409 1 Gal ANTIFREEZE XHD Universal 21.00 15.25 320.25 Test Injectors 6.00 37.50 225.00 Reman Injectors 6.00 780.00 4,680.00 Reman Turbo 1.00 6,842.50 5,842.50 Head Repairs 1.00 3,011.18 3,011.18 Shop supply/ENV Fees 2.00 550.00 550.00 FREIGHT 1.00 254.09 254.09 ITEM / DESCRIPTION QTY PRICE CORE TOTAL Lotto FREIGHT 1.00 163.65 163.65 FREIGHT 1.00 25.01 25.01 FREIGHT 1.00 97.26 97.26 MILEAGE 360.00 2.00 720.00 LABOR 17,600.00 SEGMENT 1 TOTAL: 18,018.18 PARTS 17,600.00 LABOR 15,568.69 MISC. 51,166.87 TOTAL PARTS '18,018.18 LABOR 17,600.00 MISC. 15,568.159 SALES TAX �� 0.00 TOTAL INVOICE 51 186.87 iD TERMS, LIENS, AND CONDITIONS Customer agrees to the following Derma and conditions In regard to the purchase of the equipment, parts or repairs described on the front of this agreement (these terns and conditions include the Information on the front of this agreement and the terms and conditions stated within the Customer's credit application and rental agreement, if any, all of which are part of this agreement): Payment For Services: On or before the Completion of the services described on the front of this agreement (unless otherwise agreed in writing), Customer agrees to pay for the services, and any additional repairs, services or parts as described In any supplements) to the attached estimate, at the office of ASCO where such services are performed. Equipment repaired in ASCO's shop will not be released to Customer unless and until payment for the repairs Is fully made. AddAlonal Repairs or Servkes: Customer understands and agrees that ASCO may not be able to determine the tug extent of the services and repairs required at the time that the estimate is made. Should the need for additional repairs be discovered during the course of making the repairs, ASCO will endeavor to supplement the estimate with a written revision to the estimate; however, Customer's obligation to pay for the additional repairs and services is not conditional on such additional services and repairs being described in a written revision to the estimate. hopeefions; Acceptance of Parts and/ or Equ4wwnt. Customer represents and adamwiedges that it has inspected The goods, services and equipment purchased by Customer from Associated Supply Company, Inc. CASC07. finds the same to be in satisfactory condition, property operating, and fit for the use or purpose intended by Customer Customer acknowledges that the equipment or parts purchased have been selected ad* by Customer for the purpose such equipment or parts are to be used and without reliance on ASCO or its employees, and that ASCO () has not selected the equipment or parts purchased, and (0) is not responsible for the suitability of the equipment for the use Customer intends. Customer agrees that except as expreasy set forth in this agreement, ASCO is not liable for and makes no warranties, either express, Implied, or by operation of law, as to any matter whatsoever Including, without limitation, the condition of the equipment or parts, its merchantability, or its fitness for any parllcrdar purpose, and Customer releases ASCO to the fullest extent allowed by law from any warranties, express, implied or mising by operation of law. There are no warranties which extend beyond the description of the equipment or parts on the front of this agreement Lion and Securtty htterast Ralead to Repair Work. Customer hereby authorizes all repair work to be done along with materials therefore and other repairs and materials Incidental thereto. ASCO's employees may operate the above vehicles for purposes of testing, Inspection or delivery at Customer's risk An express possessory lien under Chapter 70, Sutichapter A of the Texas Property Code, and a Security Interest under Title 1, Chapter 9 of the Texas Business and Commerce Corte (Uniform Commercial Code - Secured Transectiom) is granted to ASCO upon the machines, equipment and vehicles being repaired to secure all charges for labor, materials, end related expenses. Possession of the machines, equipment and vehicles may remain with ASCO until all charges are paid or arrangements satisfactory to ASCO are made. ASCO will not be held responsible for loss or damage to machines, equipment, or vehicles or articles left therein in case of Are, Drell, accident or any other cause beyond ASCO'S control Repairs are warranted for 90 days after the date of the repair, however, no warranty will apply if the Invoke for such repairs is unpaid NOTICE OF RIGf f TO TAKE POSSESSION OF EQU/PMENT FOR UNPAID f MIRS As /ndkafpd by Ha slcnafure on Me lrorrt of the aursemerrt. Customer gi n that the ettulprrerrt raoe/red by ASCO Is sublect to moosse"kn In accoedence with Section 9.609 of the Texas Business and Commerce Code I1 payment of a check money order, or a credit card traisocWn Is stopped is dishonored because of hautfklent funds no funds on deposit or because the drawar or maker of check money order or the credit card holler has no eeeount or the account has been closed NO BAiLMENK ASCO is not a be8ee of Customers property. ASCO does not accept control, custody or responsibility for the care of Customer's property ASCO may, but is nol required to, lock any equipment being repaired in a dosed space Customers access to ASCO s premises may be conditioned in any manner deemed reasonably necessary by ASCO to maintain the safety of ASCO's property; and such safety measures may include (but are not limited to) requiring verification of Customers identity, limiting hours of operation, and requiring Customer to sign in and sign out upon entering and leaving ASCO's premises. in the event that Customer falls to pick up the equipment being repaired within thirty (30) days alter service Is completed andt or Customer falls to authort m ASCO to perform repair services within thirty (30) days alter ASCO provides Customer with an sstimate of the cost of such services, Customer will pay to ASCO, in addition to any repair charges then due, reasonable daly storage charges as determined by ASCO, but which storage charges will be not lose than $25.00 per day, and the equipment may be sold by ASCO to satisfy the payment of such storage charges. SecudW Interest Title to the goods, services and equipment will remain with ASCO until the total purchase price of goods, services and equpmerd has been paid in full. Customer grants to ASCO an express security interest under Title 1, Chapter 9 of the Texas Business and Commerce Code in the goods, services, and equipment to secure all charges therefore. In event of default in payment for the goods, services and equipment described herein, no further charges or purchases will be allowed. Purchaser further agrees to fay all costs of collection or enforcement hereof, including reasonable attorneys fees, far charges not paid that are more than 30 days past due. Exclusive jurisdiction and venue for any Iltigation between Customer and ASCO Is In any district court or county court of law of Lubbock County, Texas. CUSTOMER HEREBY UNCOND17IONALLY WAIVES ITS RIGHTS TO A JURY TRIAL Parts Polkhw.. • Back ordered items will be shipped as soon as available. • Electrical parts are non -returnable. • Special order parts and parts "made as ordered' ere own -refundable. • Cores must be returned for credit within 10 days of purchase • Returned parts must be accompanied by a peddng list or invoice and are subject to a 15% restoddng charge. • Claim for shortages or damages must be received within 5 days of sale. Lmhedon of Purchaser's Remedies. The Customers remedies, in the event of any claim made by the Customer against ASCO with respect to the goods, services and equipment sold here, shall be limited to return of such goons and equipment and repayment of the purchase price therefore or to repair and replace nonconforming goods, services and equipment No consequential damages are permitted against ASCO In connection with the sale or the use of the goods, services and equipment sold here. hxlemnlllcatlen. To the fuHeat extent perm/tted by law Customer eam" to lndemnHV and hold harmless ASCO from and spalast any and aft Ilebpky, su/ta chime, demands and action and costs and axponsee including reasonable attorrrev's I'laft lose of profit bushness hrterrupf/on or other apeciat or conssauentlah damages damages relating to omperty damage. bodily Idurif, or demagee rehaNna to wrongful dbatlh claimed erralost ASCO and any of ASCO's olf►cers dfreceors agents. or emolovees arlsina out *for reiated to the asrvkes parts, eaulpmsrrt supplktt goods end services ftrmished hers whether caused 12Meftoie or in part by the noalk once ofASCO• however, this paMaMh 14 not lWonoted to IndemnNV ASCO for the replacement costs thereof as sot forth above or Parts, sarvkes or eauipment supWied by ASCO which has been expresslywarrarrtad in writing Service Charge. All accounts past due 30 days wti be Charged a service charge at the periodic rate of 1 %% per month, which is an annual percentage rate of 1 B%. Like land Exchange. Notice is hereby given that ASCO may assign its rights under this agreement to ASCO Exchange, LLC (or other entity) to sell the rental equipment described herein and, if applicable, to purchase bade -in property described herein. PAGE NO: 4 of 5