HomeMy WebLinkAboutResolution - 2023-R0567 - Purchase Order 10026891, D & H United Fueling Solutions, Inc - 11/14/2023Resolution No. 2023-R0567
Item No. 7.19
November 14, 2023
RESOLUTION
BE IT RESOLVED BY THE CYTY COUNCIL OF THE CITY OF LUBBOCK:
THAT the acts of the Fire Rescue Deputy Chief of the City of Lubbock, in executing, on
behalf of the City of Lubbock, a Purchase Order Contract to replace a fuel line at Fire Station
No. 11, by and between the City of Lubbock and D&H United Fueling Solutions, Inc. of
Lubbock, Texas, and related documents are hereby ratified in full. Said Purchase Order
Contract is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council on November 14, 2023
TRAY PAY , MA OR
AT EST:
Courtney Paz, City Secreta
APPROVED AS TO CONTENT:
G��—
Shaun Fogerson, ire scue Chief
APPROVED AS TO FORM:
�
Ry Bro ce, S nior Assistant City Attorney
RES.Purchase Order-Replace Fuel Line-Ratification
10.31.23
�/� c�ty of
Lubb o ck
TEXAS
PURCHASE ORDER
TO: D& H UNITED FUELING SOLUTION
2307 CLOVIS ROAD
LUBBOCK TX 79415
Page - 1
Date - 10/27/2023
Order Number 10026891 000 OP
Branch/Plant 5611
SHIP TO: CITY OF LUBBOCK
CENTRAL FIRE STATION COMPLEX
1515 E URSULINE ST
LUBBOCK TX 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta Alvar t, Director of Purchasing & Contract Management
Ordered 10/27/2023 Freight
Requested 10/27/2023 Taken By
Delivery PER R SALAZAR REQ 60943
YBUSBY
PUR 17707/Ratified Emergency Purchase
[f you have any questions contact Raul Salazar: RSalazar@mylubbock.us Phone 806-775-3176
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Replace Fuel Line at Stn.l 1 1.000 69,672.9700 EA 69,672.97 11/20/2023
Total Order
Terms NET 30
69,672.97
This purchase order encumbers funds in the amount of $69,672.97 awarded to D&H United Fueling Solutions, Inc. of
Lubbock, TX, on November 14 , 2023. The following is incorporated into and made part of this purchase order by
reference: Quote dated October 27, 2023, from D&H United Fueling Solutions, Inc. of Lubbock, TX.
Resolution # 2023-R0567
CITY OF LUBBOCK:
Tra Pa e Ma �
Y Yn �
A ST•
Cou ey Paz, City Secretary
�►� c��y of
Lubbock PURCHASE ORDER
TEXAS
TO: D& H UNITED FUELING SOLUTION
2307 CLOVIS ROAD
LUBBOCK TX 79415
Page - 1
Date - 10/27/2023
Order Number 10026891 000 OP
Branch/Plant 5611
SHIP TO: CITY OF LUBBOCK
CENTRAL FIRE STATION COMPLEX
1515 E URSULINE ST
LUBBOCK TX 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta Alvar ., Director of Purchasing & Contract Management
Ordered 10/27/2023 Freight
Requested 10/27/2023 Taken By
Delivery PER R SALAZAR REQ 60943
Description/Supplier Item
Replace Fuel Line at Stn.l 1
Terms NET 30
INSURANCE REQUIRED:
YBUSBY
PUR 17707/Ratified Emergency Purchase
Ordered Unit Cost UM Extension Request Date
1.000 69,672.9700 EA 69,672.97 11/20/2023
Total Order
69,672.97
Commercial General Liabilitv: Workers Comaensation and Emplover Liability:
$1 M occurrence i$2M aggregate (can be combined with an Statutory. If the vendor is an independent contractor with no
Excess Liability to meet requirement). CGL is required in ALL employees and are exempt from providing Workers'
contracts. It is perhaps the most important of all Compensation coverage, they must sign a waiver (obtained
insurance policies in a contractual relationship. It insures the from COL Purchasing) and include a copy of their driver's
Contractor has broad liability coverage for contractual activities license. Employer Liability ($1 M) is required with
and for completed operations. Workers Compensation.
Additional Policies: N/A
Professional Liability Requirements: $ l M occurencel$2M
aggregate.
Automotive Liabilitv:
$1 M occurrence is 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 ca same limits as listed above.
Rev. 3/2022
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
ACCEPTANCE OF THIS PURCHASE ORDER:
CONT CTOR ACKNOWLEDGES. by sup�yine anv Goods or Smica that �he Contracwr has read. fullv
understands. and wdl be in (ull compliance �vith all tertns and conditions and the dacriptive material contained herein
and anv additional assoaated documents and Amendments. The Citv disclaims anv tmns and conditions orovided by
�he CoNraaor unless aereed uoon in writinc bv �he panies. In �he evrnt of conflia between the Citds �erms and
conditions and anv trnns and conditions provided bv the Contraclor, the trnns and conditions orovided haein shall
prevail. The tertns and wnditions provided herein are the final trnns aereod upon bv the panies. and anv orior
conFlictine trnns shall be of no force or efket.
I. SELLER TO PACKAGE GOODS. Seller will package goods in acwrdance with good commercial practice.
Each shipping container shall be clearly and pefmanenNy marked as follows (a) Selkr's name and addr�ss, (b)
Consignee's name, address and purchase order or purchaze release number and the supply agreement number if
applicable, (c) Container number and �otal number of containers, ag. box 1 of 4 boxes, and (d) the number of the
container bearing the packing slip. Seller shall bear cost of packaging unless othmvise provided. Goodc shall be
suitabty packed ro secure lowat transpona�ion costs and to conform with requ'vements of common carriers and any
applicable specifications. Buyer's coun� or weight shall be final and conclusive on shipments not accompanied by
packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the goods unda
reserva�ion and no trnda of a bill of lading will operate az a �rnda of goods.
3. TITLE AND RISK OF LOSS. The title and risk o( loss of �he goods shall not pass to Buyer until Buy+er actually
raeives and takes possasion of the goods at the point or points o(delivery.
4. NO REPLACEMENT OF DEFECI'IVE TENDER. Every trnda of delirery of goodc must fully comply with all
provisions of this contract az to time of delivery, quality and the like. If a tender is made which does no� (ully confolm,
this shall constim�e a breach and Sella shall not have the right �o subs�ituce a conforming trnder, provided, where the
time for performance has not ye[ exp'ved, the Sellv may reawnably no�ify Buyzr o( his intrntion lo cure and may
�hrn make a confolming trnder wilhin the contract lime but not aftmvard.
5. INVOICES & PAYMENTS. a. S e I 1 e r shall submit separale im�oices, in duplicate, one each purchase order or
purchaze release aRer each delivery. Invoica shall indicate the purchate order or purchaze rdeaze number and
the supply agreemem number if applicable. Invoices shall be i�emized and transportation charges, if any, shall be
listed separately. A copy o( the bill of lading, and the Geight waybill when applicable, should be attached �o the
invoice. Mail To: Accoums Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texaz 79457. Payment shall not
be due until the above instruments are submiaed after delivery
6. GRATUITIES. The Buyer may, by .arittrn notice ro the Sella, cancel this contraa without liabiliry to Seller if
it is detrnnined by Buyer tha� gratuitia, in the form of rntenainment, gifls or othrnvise, were offered or given by �he
Seller, or any agenl or reprarntative of the Sella, ro any o�cer ar employee o( the City of Lubbock with a view to
securing a contracl ar securing favorable trw�ment with respect to the awarding or amending, or �he making of any
detrnninations with respect to �he perfortning of such a contract. In the event this contraa is canceled by Buytr
pursuan� to this provision, Buyer shall be entiUed, in addition to any other rights and rcmedies, to recover or withhald
�he amount of the cost inaured by Sella in providing such gramrtia.
7. SPECIAL TOOLS & TEST EQUIPI�NT. If the price stated on the (ace herrnf includa the cost of any special
tooling or special �est equipment fabricated or required by Sella for the purpose of filling this order, such special
tooling equipment and any process sheets related therao shall become the property of �he Buyer and ro the extrnt
feasible shall Ix idrntiFied 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 wartants to be no higher Ihan Seller's curtrnt process on orders by olhers for producls of Ihe kind and
specification covaed by this agreement for similar quantitia unda similar of like conditions and mdhods of purchase.
In the evrnt Seller breacha this wartanly, Ihe prices of Ihe �lems shall be reduced ro the Selkr's curtrnt prices
on orders by others, or in the altemative. Buytr may cancel this contract without liability to Seller for breach
or Selkr's aaual expense. b. The Seller warrants that no person or selling agency has been employed or retained to
wlicit or securc this contraa upon an agreemem or unders�anding for commission, percrntage, brokaage, or contingent
fee excepting bona fide employees of bona fide es�ablished commercial or ulling agencia maintained by �he Seller for
�he purpose of securing business. For breach of viciation of th�s warranty the Buyer shall have the right in addition to
any otha rigM of rights to cancel �his contrac� without liability and to dedua from the contract price, or othrnvise
raover without liability and to dedua Gom the contraa price, or othmvise recova the full amount of such commission,
percrnlage, brokerage or contingrnt fee.
9. WARRANTY-PRODUCT. Seller shall not limit or exclude any implied wartantia and any attempt lo do so shall
rrnder this contrect voidable at the option of �he BuyEr. Seller warrants that the goodt furnished will conform to Ihe
specification, dra�vings, and dacriptions lis�ed in the bid invitation, and to the sample(s) fumished by lhe Seller, if any.
In �he event of a con0ict or be�ween �he specifications, drawings, and descriptions, the specifications shall govem.
Notwiths�anding any provisions wn�ained in �he contractual agreement, the Seller represents and warrants (ault-G«
performanceand fault-Gee result in �he processing date and date rela�ed data (including, but not limited to calculating,
comparing and sequencing) of all hardware, software and firmware products deliveral and smica provided under
Ihis Contract, individually or in combination, as Ihe case may be Gom the effective date of this Comracl. The
obligations contained herein apply ro products and smica provided by the Seller, its sub- Seller or any th'vd party
involved in the creation or development of the products and servica �o Ix delivaed to the City of Lubbock unda this
Comraa. Failure to comply with any of the obligations contained haein, may rault in �he City of Lubbock
availing itself of any of its rights unda Ihe law and unda this Con�ract including, but not limited to, i�s right pertaining
to termination or default. The wa�ranties contained herein are separate and discrete from any otha warrantia
specified in this Contract, and are not subject �o any disclaima of warranty, implied or expressed, or limitation of the
Seller's liability which may be specified in this Contraa, its appendica, its schedula, its annexes or any document
inco�porated in Ihis Contract by rckrence.
10. SAFE7'Y WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards
promulgated by lhe U. S. Departmrnt o(Labor under the Occupational Sa(e�y and Health Ac� of 1970. In the event the
product does not conform to OSHA standards, Buytr may retum the producl for correclion or replacemenl al the
Seller's expense. In the evem Seller fails to make �he appropnace cortec�ion wi�hin a reasonable time, correction
made by Buyxr will be at the Seller's expense.
I 1. NO WARRANTY BY BUYER AGAMST MFRMGEIv1ENTS. As part of this contract for sale Sella agrees
ro auenain whetha goods manufacmred in accordance with the specifications anached �o this agrcement will give
rise lo the rightful claim of any �hird person by way of inGingement of the like. Buyer makes no warranry that the
production of goods accorduig �o the specdicat�on ��•ill not give rise to such a claim, and in no evrnt shall Buyer be
liable ro Seller for indemmfication in the event that Seller is sued on the grounds of inGingement of the like. If Seller
is of the opinion tha� an inGmgement or the like will result, he wdl wtify the Buyer to this ett'cet in writing within hvo
wceks afler the signing o(th�s agreement If Buya doa not receive notice and is subsequently held liable for
the infringemrnt or the like, Sella wdl save Buyer harmless If Sella in good faith auertains Ihe produnion of Ihe
goods in acwrdance with the spec�fications will rault in mfiingement or the like, the contraa shall be null and void.
12. NON APPROPRIATION All fundc for payment by the Cny under this contrac� are subja� to the availability of an
annual appropriation for this purpose by the City. In the evrnt of nonappropriation of Ponds by �he Ciry Council o(�he
City of Lubbock for lhe goodt or serv�ca provided under �he contract, the Cily will �ertninate lhe comrad, without
termination charge or other liabihty, on the laz� day of the �hrn-cwrrnt fiscal year or when the approprialion made for
the then-culren� year for the goods or srnmes covered by thrs contract is spent, whichever evem ocwrs firs�. If at any
time funds are not appropriated for the contmuance of th�s contract, cancella�ion shall be accepted by �he Seller on
thiny (30) days prior writtrn notice, but failum to give such n�tice shall be of no elt'ect and �he City shall not be
obligated unda this contract be}rond the date of tertmnauon.
13. RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery Ixfore accepting them.
14. CANCELLATION. Buysr shall have �he nght lo cancel for defauh all or any pan of the undelivaed portion of
this orda i(Seller breacha any o(the trnns haeof including warranties of Sella or if the Seller becoma insolvent or
commits acts of bankruptcy Such right of cancellanon �s m addi�ion �o and not in lieu of any other remedies which
Buyer may have in law or eqwty
I5. TERMINATION. The perfortnance of work under Ihis order may be �mninated in whole, or in part by Ihe Buyer
in accordance with this provision. Termination of work haeunder shall be effected by the delrvery o( the Seller of
a"No�ice of Trnnination" specifying ihe extrnt to which perfortnance o(work under the order it tertninated and the
date upon which such trnninalion becomes ef£ec�ive. Such right or tefmmauon a in addnion to and not m heu of Ihe
rights of Buyxr set fonh in Clause 14, haein.
16. FORCE MAJEURE. Neither party shall be held responsible (or lossa, resulling if the fulfillment of any
terms of provisions of this contract is delayed or preeemed by any cause not w��hin the control of the party whose
performance is interfered with, and wh�ch by the exercise of reasonable diligence said party is unable to prevrnt.
17. ASSIGNI�NT-DELEGATION No right or interat in this contract shall Ix assigned or delegation o( any
obligation made by Seller without the wriurn pertnission of �he Buyer. Any attempted assignment or delega�ion by
Seller shall be wholly vo�d and lo�ally inef(ectire for all purpose unless made in conformily with this paragraph.
18. WAIVER No claun or right ansmg out of a brwch of this wntraa can be d�scharged in whole or in part by a
waiver or rrnunciation of the cla�m or righl unlas the waiver or rrnunc�ation �s supported by considttation and is in
writing signed by the aggneved party
19. INTERPRETATION-PAROLE EVIDENCE. This �«iting, plus any specifications for bids and performance
provided by Buyer in its advert�sement fnr bids, and any other documents provided by Seller az part of his bid,
is intended by the parues as a final expression vf the'v agreement and mtended also as a complete and exclusive
slalemenl of the trnns of �hev agreement. Whenever a Imn defined by the Uni(orm Commercial Code is used in this
agreemenl, Ihe definrt�on conlamed m the Cade is tn control.
20. APPLICABLE LAW Th�s agreemem shall be govemed by the Uniform Commacial Code. Whaever the tertn
"Unifortn Commercial Code" is used, tl shall be construed ac meaning the Um(orm Commercial Code as adopted in
the State of Texas as e(fative and in force on �he date of this agreement.
21. RIGHT TO ASSURANCE Whenever nne party lo this contracl m good failh hac reason to qualion the olher
pany's intrnt m perform he may demand that the other party give writtrn assurance of his intem to perfolm. In the
event tha� a demand is made and no assurance is given within five (5) days, �he demanding party may treat �his
failure az an annapa�ory repudiauon of the contract.
22. MDEARJIFlCATION. Seller shall indemnify, keep and uve harmless the Buyer, its agrnts, oflicials and
employees, agamst all uqunes, dwths, loss, damaga, claims, patrn� cla�ms, smts, liabili�ies, judgments, costs and
expenses, which may in anyw�se accrue agains� the Buyer in consequence of the granting of �his Comract or which
may anywise result IhaeGom, �vhether or not it shall be alleged or darnnined that the act was caused through
negligrnce or omission of the Seller or its employees, or of the subSellv or ass�gnm or i�s employzes, if any, and the
Seller shall, at his o�w expense, appear, defend and pay all charges of anomeys and aIl costs and other expenses
arising thereGom of incurted in connection therewith, and, if any judgment shall be rendered against �he Buyer in any
such action, Ihe Seller shall, at ils own expenses, satisfy and dizcharge lhe same Seller exprasly understands and
agrces [hat any bond required by this contract, or othmvise provided by Seller, shall in no way limrt the
rapoosibJny �o indemnify, keep and save harmlas and defend the Buyer as hnein provided.
23. TII� 1� is hereby expressly agreed and unders�ood that �ime �s of the essence for the performance of th�s
contracl, and failure by conlrac� lo meel the time specifications of th�s agrttment will cause Seller ro be m default
of Ihis agreement.
24. MBE The City of Lubbock hneby notifies all bidders that in regard �o any contract mtered mro pursuant lo
tha request, minority and women business entaprises will be afTorded equal opportunities to submit b�ds m response
�o �his invi�ation and will no� be discriminated against on the grounds o( race, color, sex or na�ural origin m
consideration for an award.
25. NON-ARBITRATION. The City raerva the right to exercite any nght or remedy to it by law, contrac�, eqwty, or
othrnvise, mcluding without limitation, the right to seek any and all forms of relief in a coun of competrnt
jurisdic[ioa Funher, the Ciry shall not be subject to any arbitration procas prior �o exercising its unrestricted
right to seek judicial remedy. The remedies set fonh herein are cumulative and not exclusive, and may be exacised
concurrrndy. To the extem of anyconflict bet�eeen this provision aod anotha provision in, or related ro, this document,
�his provivon shall control.
26. RIGHT TO AUDIT. At any �ime during �he trnn of the comraa, or thaeafter, the City, or a duly awhonzed
audit represrn�ative of the Ciry or the S�are of Texas, a� i�s expense and at reasonable tima, rarna the nght to
audit Comraaor's records and books relevant to all services provided to the Qty under this Contract. In the event such
an audit bythe Ciry reveaLs any ertors or overyaymems by the City, Contrador shall refund the City �he full amount
of such ovefpayments within Ihiny (30) da}s of such audit findings, or the Ciry, at its oplion, resmes Ihe nght ro
deduct such amounts owing the City 6om any paymrnts due Contrac[or.
27. 7'he Contraaor shall not acsign or suble� the contraa, or any portion of �he contract, without written consent from
Ihe D'vector of Purchasing and Contract Managemrnt.
28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Trnorist Organization Rohibited
Pursuant to Section 2252.152 of �he Texaz Govemment Code, prohibits the C�ty Gom entering into a contraa with a
vendor tha� is idenlified by 7'he Comptroller ac a company known ro have contracts with or provide supplies or serv�ce
with Iran, Sudan or a foreign terrorist organization
29. Texas Govemment Code. Sation 2252.908 requ'va a business ent�ty entenng into cMain contraMs with a
govemmental rntiry or stace agrncy to file with �he govemmental rntity or state agency a disclosure of interes�ed partia
at the time the business rnlity submits Ihe signed comraa to the govrnm�ental rnliry or state agrncy. Instruclions for
completing Form 1295 are available ae hitoitwuu•.ciluhback.ix.usd@parlmenlaI=
websites•dGpartments�purchasmg vendor-informa�ion
30. No Boycon of Israel. Pursuan� to Section 2271.002 of the Texas Govemment Code, Rapondrnt cenifies that
either (i) it mee�s an exemption criteria under Sec�ion 2271.002; or (ii) it doa not boycon Israel and will not boycott
Isrnel during the trnn of the comraa resuhing Gom this solicita�ion. Rapondent shall state any facts tha� make it
exempt Gom the boycon cenification in its Response.
31. No Boycon of Energy Companies. Pursuant ro Sation 2274 of the Texaz Govemmrnt Code, Rapondrnt
crnifies that either (i) it meets an exemption criteria under Sec�ion 2274.002, or (�i) it doa no� boycon Energy
Companies and will not boycon Energy Companies during �he term of the contract resulting from this solici�a�ion.
Respondent shall sta[e any (acts tha� make it exemp� from the hoycott celtification m i�s Raponse.
32. No Boycott of a Firearm Entity or Firearm Trade Association. Porsuant to Seclion 2274 of the Texas
Govemment Codq Respondrnt certifies that either (i) it meels an exemption cntaia unda Seclion 2274.002; or (ii) it
does not boycon a F'vearm Entity or Firearm Trade Aswciation and will not boycon a F'vearm Entity or F'uearm
Trade Association during the trnn oFthe contract resuhing Gom this solicitation Respondent shall state any facts that
make it exempt Gom Ihe boycott cMification in its Raponse.
33. Contracts wilh Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibned
Pursuant ro Section 2252.152 otthe Texas Govemmem Code, prohibits the Ciry Gom entering into a contract wrth a
vendor that is identified by The Comptroller az a company kno�w �o have contracts with or provide supplia or
srnice with Iran, Sudan or a foreign �ertorist organization
34. TEXAS PUBLIC MFORMATION ACl'. The requ'vements of Subchapter 1, Chapter 552, Govemment Code,
may apply to this contracl and the conlractor or vendor agrea that �he contracl can be tmninated i(the contractor or
vendor knowingly or intentionally fails to comply with a requ'vement of that subchapter.
35. Pursuant to Seclion 552301(c) of the Texas Government Code, the City of Lubbock has designated the followmg
email addras for which public informalion roquats may be made by an emailed requa�: o�R��Y�luAboek.�. Pleau
send this requat to this email address (or i� to be processed
REV 3'2022
October 27, 2023
Lubbock Fire Rescue
1515 E. Ursuline
Lubbock, TX 79403
SCOPE OF WORK
Installment Payment #3
Due Upon Invoice :
We d►ank you /or the opporlvn/ty to subm/t this proposa/ and /ook forwaid tn your favorab/e response. 71�e WonY and
Pridng /fsted be/owls based upon ou� inteipretaHon of the Savpe o/ Work /or the projett amoiding tiv d►e tustomer-
proNded Site P/ans, Projecl Specificatlons, Oraw/ngs and/orAddenda. We provfde on/y the h/ghest qua/Ity products
and serv/ces and have been doing so since 1936.
Quote Js va/id tor30 Days
;�.
� �
*Subjecl to Stee/and Commodity Price Changes and TariKChaiges
DUE TO THE CURRENT UNCERTAINTYOF RAW MATERIALS PRICING INCLUDING BUT NOT LIMITED TO STEEL AND COMMODITIES COSTS, TARIFFS, SNIPPING COS75AN0
SURCNARGES,
FINAL PRICESARES(/�ECT TO CNANGE WITNOUT NOTICE
1. DHUFS will provide and install 3" double wall flex pipe with new pipe MNPT ends from existing fuel farm to existing fire pit. DHUFS will remove the
existing pipe and customer will provide the back fill material and will install that as well. Customer will provide trash bin to disposal of existing fuel
pipe. DHUFS wiil purge fuel lines and customer will back fill trenches after pipe has been installed.
TANK VALVES/FITTINGS/HARDWARE: $ 63,192.97
INSTALLATION TRAVEL, MILEAGE AND LABOR: $ 6,479.99
PROJEGT SUBTOTAL: $ 69,672.97
ESTIMATED TAX: 0.0000% $
PROJECT TOTAL:
The proposed Scope of Work and Pricing are based upon and subject to the included Terms & Conditions. Please review prior to signing this
proposal. By signing where indicated, the customer (BUYER) accepts and agrees to the Scope of Work, Pricing, Payment Expectations and
Terms & Conditions. All proposals that exceed;50,000.00 (pre-tax) will require customer acceptance of and signature on a separate "Project
Contract". All applipble Sales and Gross Receipts Tax will be applied unless current and valid Tax Exemption or Re-Sale Certificate is
provided prior to invoicing. Installment Payments will be invoiced upon equipment receipt in our warehouse and/or as work progresses until
job completion. All payments are due immediately upon customer receipt of invoice in lieu of approved credit terms for customer.
Due Upon Contrad Signing:
Installment Payment #1
Due Upon Invoice :
I�stallment Payment #2
Due Upon Invoice :
4°ls
4°1s 4 -
4°14 # -
Installment Payment #4
Due Upon Invoice :
Due Upon Completion:
� � LTnited
iUELfN6 EOLUIIONS
9%e
4°1.4 S -
100"/0 � 69,672.97
ToWI ForAll Payments:
BUYER: Lubbock Fire Reswe
Printed Name
Signature
Title
Date
Mark Duran
Printed Name
Signature
Sales
Title
Date
mduranCo4dh-united.com
Email Address Email Address
� � Ask us about Patriot �ital Finan�ing �
100% ; 69,672.97
5E�LER: D&H United Fueling Solutions, Inc.
Fam DHUBT-8 1 Pioprletary andConfldentlel
* Actual Payments May Vary, Based on Borrowers Credit
History, Curcent Market Conditlons, and project scope. PATRIOT 'Estimated Monthly Payments
Financing is subject to credit approval. For more infortnatian � CAPITAL Based on BO Months � 1,440.42
conqct your D&H United Fueling Solutlons Sales ��".`�
RepresenWtive.
ALBUQUERQUE AMARILLO DALLAS/FT. WORiH EL P/l50 HWSTON LUBBaCK MIDLAND/ODESSA SAN ANi0Ni0/AUSTIN
4900 N�aMim Ave NE 2901 Ridge nKre BAd 3201 E RanAol Mill RoaO, 1221 Tw�a Trall lane �750 N Sam Mauslon Rkvry E, Suke 60: 2307 Cbvls Roatl 2101 5. lAop 250 12100 Gowripokrt Dr, Suite I10
Aldquerque, NM 87113 Murlib, 7X 79107 IWtrglon Totas, 7(All EI Paso, T7( 79907 Ma�cton, Taras 77032 LuEbotl4 TX 79115 MlElantl, 7%. A703 San Mtonb, TX 78233
505-342-2024 806373-4251 817-530�1917 915-859-8159 713-747-5952 806762-2428 932-523-1132 21P651 3882
October 27, 2023
Lubbock Fire Rescue :�
� � LJrnted ,';�
1515 E. Ursuline itlfllN6 SO1U110Md "�`
Lubbock, TX 79403
TERMS & CONDITlONS ADDENDUM
THE FOLLOWING TERMS AND CONDIIIONS ARE INCORPORATED IN70 ANb FORM A pART OF THIS PROPOSAL.
Acceptance: This proposal, when accepted by the BUYER within the said period set out in this agreement will constitute a bona fide contract between the BUYER and SELLER,
subjec[ to all terms and conditions to follow and to the approval of the Setler's (credit manager, sales manager, executive o�cer etc.). It is expressly agreed that there are no
promises, agreementr or undersWndings, oral or written, not specified in this contract. No waiver, alteratian or modification of the terms and conditions of this contract shall be
binding unless in writing and signed by the Seller's (sales manager, executive o�cer, etc.)
Acceptance by mail shall be effective as an acceptance only when actually received by the SELLER.
Prices: Prices quoted are for acceptance within 10 days and, unless otherwise specified, and are subject to change or withdrewal without notice after that date.
Prices quoted are subjec[ to adjustrnent to manufacturer's published list prices in effect at date of shipment.
Unless otherwise stated in this contract, prices are F.O.B. place of manufacture. Unless otherwise stated, the freight rate in existence at the date of this contract shall apply, but any
change in freight rate in effect on shipment date shall result in a corresponding change in price.
Related Work: Labor, materials and outside services for electrical, asphalt, water and sewer work are not included in oontract unless specified. Anchors,
foundations and wthodic protection are not inctuded in this oontract unless specified.
The BUYER may order changes in the work or the installation of additional equipment and the contrac[ sum shall be increased accordingly. All such orders and increases shall be in
writing, and the BUYER shall consent in writing to the extra charges before the SELLER shall begin any changes or additional work
If concrete slab is placed and furnished under this contract, the SELLER is not responsible for the slab if it is not protected from traffic by the Buyer for 10 days.
Delivery: Delivery promises are contingent upon fires, strikes, accidents, lockout, work stoppages, war, and non-availability of materials, acts of God, governmental actlon or
regulation or from other causes beyond the SELLER's control. The SELLER shall have no liability for any delay, failure to deliver, loss or damage which might result there from.
The SELLER will endeavor to maintain schedules, but can not guarantee to do so. Time for delivery shall not be of the essence of this contract. The SELLER is not liable for any loss
or damages resulting from delay howsoever caused or occasioned.
Delivery, unless otherwise specified, does not include unloading.
The BUYER shall make a storage area available to the SELLER. Any necessary relocation of equipment or installation materials from this designated area will be at the BUYER's
expense.
Delays: Due to the increasing cost of labor and material, any delay of progress not under the SELLER's direct control and not due to causes not within the control of the parties
will result in an additional charqe to the BUYER.
Terms: Tertns are (Net lOth approx.) on completion of all services or installation work in total unless atherwise specified. Terms on equipment unless otherwise specified are (net
IOth approx.) from date of delivery in total. Delivery to our plant for purposes of convenience or caordination shall be considered delivery for billing purposes. A deposit may be
required on all installation contracts. On "deposit required" contracts no equipment will ordered or purchased and no work will begin until full deposit is received and payment has
cleared.
The SELLER may require progress payments covering the cost of materials and the cost of labar. The cost af labor wdl be predicted upon the percentage of completion of the
contract. The BUYER will be sent an invoice (neNod o/dme) for the value or materials stored and/or for the value of work completed. The BUYER shall pay for the same (Net
30th approx.) after deducting 10% retainage. The 30% retainage and the balance of other monies due sha�l be paid lne�iod oftlme) upon final completion.
BUYER hereby grants and SELLER retains a purchase money security interest in all equipment/materials delivered to BUYER under this agreement, including the proceeds
therefrom, for the purpose of securing BUYER's obligation to make payment in full, until payment is received in full in cash or collected funds, at which time the security interest
shall cease. SELLER may, at itr option, repossess any such equipment/materials upon BUYER's default in payment, and charge BUYER with any deficiency. BUYER also agrees to
execute upon SELLER's demand, appropriate financing statements for the purpose of perfecting this securiry interest, and acknowledges that this agreement may be recorded as a
lien on the real estate on which the equipment/materials are installed. If the Work described herein is to be performed on property not owned by the BUYER, upon SELLER's
request, BUYER shall provide a Landlord's Waiver in a form accepWble to SELLER.
In the event the BUYER fails to pay any progress payment within 15 days of the due date of the Seller's invoice the SELLER may upon 10 days written notice to the BUYER
suspend work, terminate the contract ar exercise any other rights it may have without incurring any liability whatsoever to the BUYER. Such rights include, but are not limited to,
recovering from the BUVER payment for work executed and for any proven loss sustained upon any materials, equipment, tools and the construction equipment and machinery.
Interest and Attorney's Fees: The SELLER reserves the right to charge the BUYER 1 1/2�0 on past due balances. The annual percentage rate is 18%. However, in no event
shall the BUYER be compelled to pay interest at a rate greater than the maximum pertnitted by applicable law.
The BUYER agrees to pay the SELLER reasonable attorney's fees and court costs if its account is placed in the hands of an attorney for collection.
Minimum Net Invoice Billing: All orders are subject to a minimum net invoice billing of y20 exclusive of non-product charges such as postage, freight, taxes,. etc..
Installation: It is understood that the BUYER shall provide the SELLER with full access to the job site and the installatian location during the i�stallation period and the SELIER
shall not be held responsible for any delays caused by the BUYERS failure to so provide access.
The SELLER shall furnish the necessary materials and perform all the work for the insWllation of said equipment. The SELLER shall insWll the equipment at the location to be
designated by the BUYER on the job site. The Installation shall be performed by the SELLER in the SELLER's customary manner in accordance with its nortnal procedures. It is
understood that the BUYER has submitted no specifications regarding the manner of the performance of the agreement, unless othervvise specifically stated in this contract.
Fwm DHUBT-8 2 Prop�latary and Conlldentlel
Excavating: Excavation quotations are based on normal soil conditions. In the event any underground structures, cables, conduit, debris, rock, water, running sand, concrete
foundations, piers, manholes or similar non-visible obstructions are encountered, destroyed or damaged during the performance of the contract, the SELLER shall not be held
responsible. Should any non-visible obstructions or unforeseen underground conditions be encountered, removed or destroyed, and if additional work is necessary to either preserve
or destroy these unforeseen obstacles and to complete the excavation, such extra work shall be at the BUYER's expense. Mechanical compaction of backfill is not included in the
contract unless specified. Finished grades are to be established and verified by the BUYER.
This expense shall in no case exceed the existing rate scale for labor and materials had the quotation been based on labor and materials.
Backfill will be with site materials unless otherwise specified.
If it becomes necessary for the SELLER to abandon the site of excavation, any expense incurred for work performed and additional work necessary to complete the contract shall be
borne by the BUYER. This expense shall in no case exceed the existing rate xale of labor and materials had the quotation been based on labor and materials.
Floating Tanks: The BUYER will he responsible for filling all underground storage tanks with product for ballast immediately upon setting the tanks in excavations. The SELLAR
shall notify the BUYER when product will be needed. The SELLER shall not be responsible for the contamination or loss of product used for ballast. In the event Wnk(s) is not filled
as requested, the BUYER accepts responsibiliry for damage that may occur from tank(s) Floating because of water, and accepts the expense for equipment, labor and material to
reinstall tank(s).
If product is not available, tanks shall be filled with water. There is an additional charge for the water and removing the water.
Special Fees: Unless otherwise stated, no provision is made in this cantract for special fees, pertnits, licenses, etc.. IF SELLER is requested to Furnish same, such charges will be
added to the contract price. The BUYER shall furnish all surveys necessary for proper installatian. Easements for permanent structures or permanent changes in existing facilities
shall be secured and paid for by the BUYER.
Default By SELLER: If the Seller defaults, neglecGs or fails to perform any provision of this cantract, the BUYER may, without prejudice to any other remedy it may have, after 10
days written notice to the SELLER, make good such deficiencies and deduc[ the cost thereof from the payment then or thereaRer due to SELLER. The BUYER may finish the work
specified in this contract by whatever method BUYER may deem expedient. If the unpaid bala�ce of the contract exceeds the cost of finishing the work, such excess shall be paid to
the SELLER, but if such expense exceeds the unpaid balance, the SELLER shall pay the difference to the BUYER in full satisfadion of all claims for liquidated damages. SELLER
assumes no responsibility for, nor shall be obligated to pay, claims for consequential damages.
Excused Default: It is mutually agreed by the parties hereto that neither party shall be held responsible for any losses resulting if the fulfillment of any terms or provisions of this
agreement shall be delayed or prevented by revolution or other disorder, wars, acts of enemies, strikes, fires, Floods, acts of God, act of governmental authorities, or without limiting
the foregoing, by any other cause not within the control of the party whose performance is interfered with and which by the exercise of responsible diligence said party was unable
to prevent, whether or nor the class of clauses hereinabove enumerated.
Warranty: The SELLER makes no warranty, express or implied, whether of inerchantability, fitness for purpose and any and all other representations to the BUYER except as
follows: (a) if the installation is supplied by the SELLER, warrants that the installation will be suitable for the purposes for which it was designed by the SELLER, and that all work
shall be guaranteed free of defects of workmanship for a period of 90 days from date of completion, (b) if the finished part or component sold is not manufactured by the SELLER,
the SELLER makes no warranties whatsoever as to such article if such part or component is covered by a manufacturer's or supplier's warranty and such warranry may be extended
to the BUYER, then such part or component is warranted only to the eutent SELIER is able to enforce such warranty.
Modifying existing equipment will sometimes result in equipment failure due to age, wear, corrosion, software or stress from handling. Repair or replacement of such equipment is
not included in this quotation.
Indemnity: BUYER agrees to hold the SELIER safe and harmless against all loss and from all liability, claims, demands, or suits, excepting only those losses, claims, demands, or
suits that are attributable to the sole negligence or willful misconduct of the SELLER, for: (1) Bodily injury and property damage arising out of the work undertaken by the SELLER,
its employees, agents, or subcontractors, and arising out of any other operation, no matter by whom, performed for and on behalf of the BUYER, whether or not due in whole or in
part to conditions, acts, or omissions done or permitted by BUYER or SELLER (except for such liabiliry as is covered by the Seller's Workmen's Compensation Insurance); and (2)
alleged or actual infringement of any letter patents, copyrightr or trademarks, domestic or foreign, arising from the manufacture and/or sale of the goods herein in accordance with
letter patents, designs, specifications, drewings, directions, technical information or data furnished to the SELLER by the BUYER. It is the express intention of the parties hereto,
both the BUYER and SEILER, that the indemnity provided for in this paragraph is by the BUYER to indemnify and protect the SELLER from the consequences
outside of the SELLER's own negligence or willful misconduct that cause injury, death or damage.
Title and Risk of Loss: Full risk of loss (including transportation delays and losses) shall pass to the BUYER upon delivery of products/equipment to the F.0.6. point. However, the
SELLER retains title for securiry purposes only, to all praducts/equipment until paid for in full in cash and the SELLER may at the SELLER's option repossess the same upon the
BUYER's default in payment hereunder, and charge the BUYER with any deficiency.
For Wx purposes, the BUYER agrees repart and pay taxes on such products as though title hereto has vested in the BUYER.
The BUYER shall effect and maintain term fire, theft and other casualty insurance including vandalism during the installation in amountr necessary to cover any losses resulting to
the SELLER for any losses or damage at the job site to the SELLER's construction equipment or the equipment to be installed pursuant to this agreement, except any such loss or
damage which is caused by the SELLER's employees or agentr. It is specifically understood that the BUYER shall be responsible for any such loss or damage which is not caused
by the SELLER, its employees or agents.
Taxes: Prices quoted on equipment and repair parts are subject to all Federal, State and Local taxes which may be in affect or which may be imon��� " ipment of
materials and equipment.
No Federal, State or Local taxes are included in this contract unless specifically so sWted and will be extra if applicable.
State Law Applies. All of the provisions hereof and of any resulting order are to be governed and construed according to the laws of tf
provision prohibited by the law of this State shall be ineffective to the extent of such provision wdhout invalidating or modifying the rema
Lien Righis: To protect all parties, a mechanic's lien will be automatically filed where payment is not received according to the tertns stat
Errors: Stenographic, clerical and mathematical errors made by the Seller in quotation acknowledgmentr or invoices are subject to correc[
Claims: Claims for shortages, defective gaods, errors and allowances must be made within 10 days from date of invoice.
Assignability: This contract and all rightr hereunder may be assigned and thereupon the assigned shall have the rightr and remedies of th�
Returned Goods: Goods may not be returned without the SELLER's written pertnission. If such authorization is given, unless atherwise nc
charges must be prepaid by the BUYER. All goods authorized for return are subject to the SELLER's inspection and acceptance. Merchandis�
BUYERs receipt of written authorization and must be accompanied by the invoice number and/or a copy of the sales receipt. All material retu•
subject to a 20% handling charge. All stocking items will be subject to a 15% restocking charge. It is understood that no goods can be returne _.,��y �o the
above conditions.
FOR BUYER: Lubbock Fire Rescue FOR: D&H United Fueling Solutions, Inc.
DATE:
DA7E:
Form DHUB7-8 3 propriafary end Con/Identlal
ALBUQUERQUE
4q00 Anale4n Ave NE
AMARILLO DAW6/Ff. WORTH EL PA50
2401 Ri�jm�ae BNd 721 N. Grcat SM/ Dmkway 1221 Towa T2il lane
Albuquerque, NM 87113 Mwrllb, T% 79I07 MIYgOm, 7X 76011
505342-2024 806-3734251 817•530�1917
EI Paso, TX 79907
915�859•8150
HOUS70N LUBBOCK MIDLAND/ODESSA SAN ANTONIO/AUSRN
5750 n Am �qe�a� qxMy E, Surte tt0 2307 CbvK RoaG 9319 S. Coierty RE I290 17300 Btll NaM DrNe
Houston, Texu 77032 LuhOork, TX 79415 OAessa. Tl( 79765 Stl�rh, TX 78159
7l3•747-5952 BOb762•2928 432-523•1132 210-651-3882
Fwm DHUBT-8 4 proprlatery and Con/Idantlal