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HomeMy WebLinkAboutResolution - 2006-R0607 - PO - HPCC - High Speed Core Switch And Associated Items - 12_19_2006Resolution No. 2006-RO607 December 19, 2006 Item No. 5.22 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Purchase Order Contract and any associated documents with Hewlett-Packard Computer Corporation of Houston, Texas, for the purchase of a high speed core switch and associated items, which Purchase Order Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 19tb day of December , 200 6 . DAVID A. MILLER, MAYOR ATTEST: Rel ecca Garza, City Secretary APPROVED AS TO CONTENT: "C'� <'j Mark Vearwo0a Assistant City Manager/Chief Inforniation Officer APPROVED AS TO FORM: Don Vandiver, Attorney of ounsc DDres, Hewlett-PackaT00con06Res December 1.2, 2006 CITY OF LUBBOCK U R C H A S E ORDER TO: HEWLET PACKARD COMPANY PO BOX 105005 ANALYTICAL 0 P/MAIL STOP B1 ATLANTA GA 30348 Page Date - Order No. - Brn/Plt SHIP TO: 1 12/11/06 304300 000 OP 3511 CITY OF LUBBOCK MUNICIPAL SQUARE BUILDING C/O JUANITA FLORES, ROOM 104 916 TEXAS AVENUE [NVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: ~� Ordered - 12/11/06 Freight - FOB Destination Frt Prepaid Requested - 01/11/07 Taken By - RANDY WOOD Delivery - PER JFLORES REQ#28477 DIR CONTRACT#DIR-SDD-223 Description / Supplier Ite ProCurve Routing Swt 9315M 330 PT# J4874A#ABA Agent ID 5624610001 HP Procurve 9300 EP 16P 330.2606 PT# J4895A HP Procurve Gigabit-SX-LC PT# J4858B HP Procurve Gigabit-LX-LC PT# J4859B HP Procurve 9300 EP 100FX #J8178A HP Procurve 9300 expansion PT# J4894A HP Procurve 9315 power supp PT# J4875A#ABA HP CPe 3Y 4H 24x7 9308/9315 PT# H2886E Procurve Manager Plus 2 unl PT# J9009A Ordered UM 1.000 EA 8.000 EA 8.000 EA 8.000 EA Unit Cost UM 9,139.0000 EA 6,015.0000 EA 268.0000 EA 575.0000 EA 1.000 EA 11,519.0000 EA 1.000 EA 12,953.0000 EA 1.000 EA 3,455.0000 EA 1.000 EA 12,496.0000 EA 1.000 EA 3,967.0000 EA Extension ------------ 9,139.00 48,120.00 2,144.00 4,600.00 11,519.00 12,953.00 3,455.00 12,496.00 3,967.00 Total Order -------------------------------------- - Terms NET 30 108,393.00 Req . Dt 12/11/06 12/11/06 12/11/06 12/11/06 12/11/06 12/11/06 12/11/06 12/11/06 12/11/06 TERMS AND CONDITIONS IMPORTANT' READ CAREFULLY STANDARD TERMS AND CONDITIONS CiTY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Sella will patikep goods in actwtdolce with good etdnmercial practice. Each +hipping container shall be clearly and penwKtriy harked as follows (a) Seiler s new and addea. (b) Consignee's rams. address and purchase order or purchase relesse number and the supply agmaram number if applicable. Ic) Container number and natal nuntbn ofcomainem e.g, der I of4 boars, and (d) thenumbes tithe cmemitum bearing the puking slip. Sella shell bear cow of Packaging unkss otherwise provided. Goods shall he suitably p%*cd to seciae lowest linumportation ousts and to conform with teyuiemmahts of comrson caries mad any applicable specifications, Brycr*s comas or weight shag be final and conclusive on shipments nut accompanied by packing little. 2. SHIPMENT UNDER RESERVATION PROHIBITED, Seller is not authorized to shy the gouda and rr rattan lion and no tender of a bill of lobar: will operate as a to idin of goods, 3. TITLE AND RiSK OF LOSS. The tick mad risk of loss of the goods dull nut pasta Buyer until Buyer actually receives and Lakes possession of the goads at the Point at points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of Saudi Times Mlly comply with all provisimm of this connect into time of dlelivery, quality maid the 1dte. Ira terider is nude which doer not fully conform, this shell constirate a brcm* and Seller shall not have the right to substitute: a conforming tender, provided, where the time for pfa mance I'm sat yet expired the Sdkr ohay, rwotwmy ratify, Buyer this intention to core and may then make a conforming tender within the contract time but not afterward !. INVOICES A PAYMENTS. ► Seller ahail submit upwat invoice, in dupincatt• arms such purchase order or pa dew release after each delivery. Invoices shall indicate to pucluae ceder or purchase release number mete the supply agreement number if applicable. Invoices shell be ilenind and ma sportaion charge if amy. shill be listed separately. A copy of the bill of I ding, and the, freight waybill when applicabk, should be attached to de hooka Mail Tw Accounts Payable. City of Luhhack. P. O. Bea 27M, Lubbock. Texas 79457, Payment "I not be time until the above imrltarierda am submitted After delivery. 6. GRATUITIES. The Byer my. by written motive to the Seller• ravel this contract without liability to Seller if it is dne hied by Buyer duo graaides, in the form of tmaroimmert, gift or otherwise. were offered or given by the Seller, or my agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to saurmng a contract or seeeriali favorable ga.Imarr with respect to &a awaedlog or om Wien& or &a re akhag orny demaroinatiem with tespece to the perfasming couch a cmract. In dw evert this co tract is caaur)ed by Buyer p miumut to thin provision, Buyar 9" b e ermkled in addition to ray other right sad temreetiex, ro remvsr or withhold doe anatart d the dxrA incurred by Seller bn Providing a mb» 7. SPECIAL TOOLS A ZEST EQUIPMENT. if t e prim seed an the Lot hareof includes the cat tarty speci l molkg or MaW we equipment filriemood or required by Seller fbr the Purpose Of filling this order torch special WIng eg11611 1as and any poI I sleet retard thereto shell become the property of the Beyer and to Ow eaten[ Possible shalt be kkat8ed by der Seiler am such IL WARRANTY -PRICE. a. The pia to be paid by the Buyw shell be de eawsnowl in Sailor's bid which Seller warrants to be no higher don Seller's anent process an orders by others far products of dtt kind and specification covered by this agreement for similes quantities dmdcr similar of like condition and mrhodo orpurchatte, in die event Seller bnmLh n ddo warranty, die prices of the items shall be reduced to the Seller's c mmix prices on orders by others, or in the alternative. Buyer nay camel this contract without liability to Sella for breach or Sally's addwul expense. Is. Toe Seller wartatb flat to person or aelu% spncy has berm oraployad or nuraiied so solicit or ensue this a N "norm an agrtmemt or wwnvwang far com minor, paceltap, brokerage, or contingent few excepting bore fide c nployan of basa fide established caawwrL ei or selling agencies naisutired by the Seller for sue purpose of sectring busiaes. For larawch of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this c out eat widumi liability mad to deduct from the dxrhract price, or odwwiue recover without liability and to deduct hose On taatru I price• or otherwise raowtver die Mil assuming of such coentpim, percentage,. brakeragt or contingent fee. 9. WARRANTY -PRODUCT. Seiler *hall not unit or exclude sty implied warrrKies and any attempt to do su shall tender this comet voideblr at tie option d the Buyer. Seller warrants that the goods furnished will conform to the spmaBcatior, dmsvirye, and description; listed in the bid imisseien• and soda sempk(s) famished by lbw Seller, if cry In dune evert da cmflict or berreen to specifications, drawings, aid descriptions, the specifications shill govem. Notwitfvaading any provisions contained in the contractual agreement. the Sella rrPrcmis and warrants fault -free perfixinarto and fault -fife react in the processing dame end date related data (including, bat no limited to calculating. comparing and sequencing) of all hardware, wilware and firmware pnducis delivered ant scvices provided under this Contract, inthvid welly or in combination, as the case may be than the clkstivt dkte of this Contract. Also, the Seller warrants the yea1000 calculaaws will be recu pized and accommodated dud will not, in any way. molt in hardware, wfbama or firmware failure. The City of Lubbock. of its sole aptior, mry regrow the Seller, so try tm. to derrwtatrau the procedures it ihteods to fotlow in order to comply with all the obligations contained herein. The obligations contained herein apply to ptoutcai and services provided by the Seller. its orb -Seer or any third party invuived in the chtaim or developiram of the products and sctvion to be ddivaed to the City of Lubbock WON this Conrad Failure to comply with any of she obligations contained herein, may result in doe City of Labbut k availing itself of any of its eighth under the law and under this Contract including, but not limited as, its right pertaining to msmirltima or default. The warranties contained li neih all separate med ddiscerfe foam any other wares ies specified in the Cmtrect, mod we not subjtct to any disclaimer of warrrity, implied or "Premed, or limitation of the Sellers liability which may be specified in this Contrect. is appeaEcti, its schedules, is annexes or tasty document irmvrprared in this Contract by refererce. 10. SAFETY WARRANTY. Seller warrants that the prhdtict odd to the BUM shall conform to the sti ndanls pnimulgaued by the U. S. Deparmmerit of Labor wader the Occupwitrnl Safety and Health Act of 1970. In the event the product does nod oonform to OSHA standards. Beyer "my return the product for correction or replacement at The Sddkt's expense. In the event Seller fails to make the appropriate correction within a tesaonabk time. ctowtim nude by Buyer will be at the Seller's epmw 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As put dlhim cutibut for sale Seller agrees to ascertain whether goods mambchmi ed in accordance with ate specifications attached to this agnxtttrnt will give sae to the rightful claim of try third Perm by way of infrirWei am of the like. Buyer make no wreway that the prodtction of goods amongng to the spnciiicatim will not give rise to such a claim and in no event slwll Buyer be liable to Sella for iodernnificatum in the event that Seller is sued on the grounds of infringement of the like. If Sclkr is of the opimk in the an mirintgntsor or the like will result. he will notify the Buyer 10 this effect in writing within two weeks after the signing of this agreement. If Boyer does not receive ruotice said is suhatgnandy bent liable for the isi ingartent or the Woo• Seller will Late Buyer har rles. if Seller in gad faith w ceraine the pttwkntim of Iha goods in accordance with the speciftcatam wilt result in infringement or the like, the cnnmect shall be null Lad void. 12. RIGHT OF INSPECTION. Boyer s1W I hoc the dgkt to inspect ate anal. a delivery bdm sun—ptittg tlnena. 13. CANCELLATION. Buyer shall have the right to cortical for do&* all or any pot of the msdehveaed poAim of cis order if Seller' qry of the tame hereof indu ft so mrarrim of Shcer or if the Seller berrottas imoivart or t crleeis was of Mktuploy. SuA right of d:oncwllatiom is in addition to Rd not in lieu of any oher animalism which Buyer may Iave in law or aphy. 14. TERMINATION. The pw%ffnmm of work under this arder may be awdnael in whole, or in part by the Buyer in accordance with shim provision. Terminsdm of waft hereunder shall be cRaoed by the delivery of the Sella ofis "Notice of Temintio on' specifying the extent so which performance dwork under the order is terminated m die dew ape which wee Lamination becomes e(fective. Such ngie or trtmiseien is in addition to and not be lieu of the Tights of Buyer set forth in Clause 13, horein 15. FORCE MAJEURE. Neither pony shed) be held responsible for lotto, ssaxdting if the filnlhtmm dory alma orpravisicas of this ceatr en is dd0yad or pmvaftd by achy cause not within the conic of the party whose pn%nnmtce is i evrfered with, and which by die exercise of rywxsbk diligarwe said pony in dmmble to prevent I6, ASSIGNMENT -DELEGATION. No tight a inarsa aim thh teetswct ttaall ft apignd aw detepdon ofaey obligation mode by Seller without the wrkkn prmfssim tithe Buy". Any at nvpoed amomrent or delepticu by Seller hdhall be wholly void and totally isteffecdve for at purpose udeau made in cmMomiry with this ptagngk 17. WAIVER. No tubas ar nest askting at ofa bttench of this camntt cast be dac mwpd in whole or in past by a waiver or reaeciatiorw of die clalnt or right rakes dw waiver or ismuncirimn is supporlad by conaitiardan and is in wrung uped by the mggrieved party 19. INTERPRETATION -PAROLE EVWENCE, This writing, phis any spscificidora for bids and performance provided by Buyer k its adverfimmm raw bid, and my other dwAn mu provided by Seller as part this bid is inlrnded by the parties"a goal sxpesaian of their agrtercnr and inRrrdetl elan as a wmplepe and exeiusive rrnanteedt d[ha terms of tern agreement, Whenever a tarn defhrhed by the Uniform Commercial Coda is used in this agreement. the definition r ociesined in die Code is to control. 19. APPLICABLE LAW. This agreement dud] be govirmed by tie Uniform Commercial Cade. When; ever Time term -Uniform Commercial Cods" is =4 it shall be con reed as mining tir Uniform Commercial Cade in tempted In die State of Two = elraelive ad in fare on the cars of this agreement. 20. RIGHT TO ASSURANCE. Whenever one parry to hhim contract in good faith has resents to question the odor rattles intent to perform he may diamond that the otter party give written assurance of his Wbow topedgasn ha the am i tat is dazed le main mad me soorm w Is given within five (S) days, the demanding party may net this failure me an aaticipmery, repudiation of the contract. 21. INDEMNIFICATION. Seller shall indcnrify, keep seed save hermles de Buyer, is agam% official- and empb*vm again[ all injuries. dead s, hoe, darrim s, chins, patent chits, suits, limbilidin, judgments. costs and expense, which may in rtywiae mama aping the Beyer in caraeq etroe of the worming ofthis Conran or which any wtywix ttsdt therefratr, wiather or not it shall be alleged or deeernined due the met was cased through rmggligence or emission of the Seer or its employees. a of the subSeller or mangmte or its employees, if any, and the Seller shall, at his town ezpraw, mppar, deferd and pry all charges d saorrwym aid mR comes and other expenses wising thherefrorn dirwred in connection dhamit, and irmy)W pnw shall be reedlacd against tie Buyer in any such a" she Seller shall. at its am exposes, saisfy, and discharge the sae Seller « prnay understands sd agrees that try Nord requited by this cancan, or otherwise provided by Sella. shall in no wry limit the responsibility to hularerify, keep and save hamlea and defend the Ruyan herein provided. 72, I'Ma. his hereby expressly agreed and understood tlst tine is of the esunce for dw Perfo umv of this eonowc. ad wiure by erxme , to meet the time specincaiors of this agreignem will cause Seller tobe Lao dkfiult of this mgrxmea. 23. MBE. The City of Lubbock hereby notifies all bidders to in regard to any contract entered into pursuant to this rcopaes, minority and women business enterprises wilt be dfordkd equal opptxnmitin to submit bids in respome to thin invitation avid will not be discriminated against on the grounds elm. cola sex or natural aright in consideration for an award Rcv. 0812005 Y Y CITY OF LUBBOCK TO: PURCHASE ORDER HEWLETT PACKARD COMPANY PO BOX 105005 ANALYTICAL 0 P/MAIL STOP B1 ATLANTA GA 30348 Page - Date - 12/11/06 Order No. - 304300 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK MUNICIPAL SQUARE BUILDING C/O JUANITA FLORES, ROOM 104 916 TEXAS AVENUE INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. SOX 2000 t LUBBOCK, TX 79457 BY: Ordered 12/11/06 Freight - FOB Destination Frt Prepaid Requested - 01/11/07 Taken By - RANDY WOOD Delivery - PER JFLORES REQ#28477 DIR CONTRACT#DIR-SDD-223 This purchase order encumbers funds in the amount of $108,393,00, for the purchase of computer equipment, awarded to Hewlett Packard Company, of Atlanta, GA, on December 19, 2006. The following are incorporated into and made part of this purchase order by reference quote submitted by to Hewlett Packard Company, of Atlanta, GA. Resolution No. 2006—RO607 CITY OF LUBBOCK ATTEST: David T Miller, ayor Rebe a Garza�CiS`ecretary���� APPROVED AST F n f A ey Total Order --------------------------------------------------------------------------------- Terms NET 30 108,393.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS SOW and Suyar spas as follows 1. SELLER TO PACKAGE GOODS. Seiler will package goods in accordance with gad curnewivial practice. Eah shipping crnniner still be clearly acid pernunetaly market) as follows (al Seller's tam and address, (b) Coruignee s name, address; and ptudiase order or purchase release number rod the ripply agreement number if applicable, Ici Cnatainer number and rural number of contaiem, e.g. box I of 4 boxes, and (d) the number of the contemner - bering dhe parking dip. Selig shall bear cost of packaging unless otherwir provided Goods shall boa suitably packed to secure lowest timWortmon costs and to conform with requirennits of txrnriaors coeriers and try applicable spx:iflcuiers. Buyer's counterr weight dell be final and conclusive on shipments not accompanied by packing lists. 1. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship doe goods utnder tocvation and no tattler of a bill of lading will operate a a taider of gaxk I. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not peas to Buyer until Buyer actually mWvcs and takes possession of the gads at else point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every Sander of oddiveryof gouda n" iW iy compiy wilt ail provisions of this euim t a to date of delivery, qudity and der kite. If s tender is nude which does not filly conform, this shall constitute a breach mud Seiler shall no have the right to substitute a conforming tender. provided, where the time for performance has nut yet expired. the Sella may reasonably notify Buyer of his intention to rue and may then make a conforming teller within the rum a time but not afkrnad S. INVOICES A PAYMENTS. s Sel)dr stall cab dal a 111 inveiea, in dtpliewc, are each pudase order orpurchew release after each delivery. Invoices slug indicate the purchase order or mrchas r release number and the applyaVvwr tot nunber if applicabk. Invoices shall be iremized and srasportarim charges, if any, dull be listed separately. A copy of the NU of lading, red the height waybill when apptkabdn, should be attached to the invoice. Malt To. Accounts Payable, City of Lubbock. P.O. Bat 2000, Lubhock, Texas 79437. Payment shall not be din adtil the above imuuments are submited after delivery. A GRATUITIES. The Buyer may. by written entice to tte Selkr, cancel [his contract within* liability to Seller if it is determined by Buyer that gratuities. in die form of et*ntair men*, gifts or odrnvrise, were offaad or gives by der Seller, or try age* orrepressntrive of the Sella. to any often or employee of the City of Lubbock with a view to securing a rnur u t orencoring hvenahle tica4net towis cor, - a the• ang oromo dirS a die mmkhrgof try dent nations with respect to the perfuming of suit a contract In dw evens this ca*ract is ocapelnl by Byer purarrn to this provision, Buyer shall bent"" in addition to any other rights and remediea, to recover or withhold the amount of the open incurred by Seller in providing such gratuities, 7. SPECIAL TOOLS h TEST EQUIPMENT. If the price wad an the bee hereof includes der cost oaf any special [outing or special test edtipreent htaicated orfaip ed by Salle• for tine purpose of flung this order, such spr vial t000llag equipmem and any process shunts related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such IL WARRANTY -MICE. s. The price to be paid by the Buyer shall be the contained in Selter's bid which Seller wanness to he no blow Mae Sciler's current process on orders by others for products of the kind and specification cwervd by this agreement for similar quantities under similar of like conditions and methods of p rchaae. In the went Seller breaches this warranty. the prices of the item shalt be reduced to the Seller's ctrrcret prices on orders by others. or in the altema[ive. Buyer may cancel this contract without liability to Seller for breach or Seller's MAW exprow. b. Tie Seller warrant that no person or selling agency hat been employed or retained to sofa& or sawn No arabsa upon an apmame or understanding for commission, Prcentage. brokerage, or cohsingent fee excepting bum fide employees of bons fide esublishcd commercial or selling agencies maintained by the Seller for the purpose of securing business. Fa bi c id of viciation of this warranty the Buyer shall have the right in addition to any odwr right of sights to eared this oxsobract with" liability and to deduct fiom tat contract price, or otherwise recover witinet Inability and to deduct liven die contras price, or otherwise oeeorer the hall amount of snrh canmission, pereehtage, brokerage or contingent fits, 9, WARRANTY -PRODUCT. Sella dell no link or exclude shy irnplied wwraties and shy attempt to do see shall tender die contract voidable at the option of the Buyer. Seller warrants that the goods liraished will twMrrm to the spcdfkmknL dttwings, ad descAptione listed in der bid invitation, and to the semple(s) famished by der Seller, if ary. to the event of a conflict at between the specificarioes, drawings. sod description, the specifications shall govem. Norwithamding any provisions contained in the contracted agrearstem der Seller to resents and warrants fault -five perfomwhce and fide free moth in the processing date and time rebued Bats ( including, but not limited to calculating compering and segueneing) of all hardware, software and firmware products delivered and services provided ceder this Contract. individually a in combination, as tat case mry be from the edTtiathm deer oaf this Contact. Also. the Seller wrra ft the)ew20U0 calculations will be ac opnizcd and amwismakted and will nor, in any way, result in hardware. software or firmware fbilre. The City of Luubbock, at its sale opha4 may require the Sella. d ally time. to desmnatrnte the procaiaes it intends to follow in order to comply with all the obligation contained herein The obligalioora contained herein apply to prahuu and services provided by he Sealer, its sub -Seller or any third pony involved in the cembom or developdam arthe products ad services to be delivered to the City of Lubbock under this Contract. Failure to mniply with any of the obligations uontod d herein, may result in die City of Lubbock availing itself of any of its rights under the law and under this Contact indarig, but not limi red to. its right pertaining to termination or def uit. The wrra ntirs mnuined herein we aapaae and discrete frmn any other warranties specified in tisto Contrast, and an not subject to any disclaimer of warmty, implied or expressed, or imitation of the Sellers iabiliry which may be specified in this ConOWL its appendices, its schedules, its annexe or sty document incorporated in this Contract by rfervoce, 10. SAFETY WARRANTY, Seller warrants dot the product gold to the Buyer aloft conform to the startdanit promulgated by the U. S. Department of Lobar under the Occupational Safety and Health Act of 1970. In the event the product does not conforlm to OSHA standards. Buyer may mtun the product far wrreoian orreplacement o rks Seller's expanse, Tn the evens Seller fails to nuke the appropiate corectirsn within it reasonable time. correction made by Buyer Will be a the Scl1er's oatperse. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part oflhis contract for sale Seller agrees to asentain whether goods murtfictwed in Accordance with the specifications smached to this agreement will give rise a the rightful claim of any t im person by wry of infringentpn of to like. Buyw nakm no wrrrny dot the predation of goads accon ing to the specification will not give rise b such a claim, and in no event shall Bayer be liable to Seller for indemnification in the watt thin Seller is sod an the grounds of infringrhnea of the like. If Soler is of the opiaiah that an infdngam moor the like will read[. he will notify the Buyer to this effect in writing within two weeks aft the signing of this agno n sit. If Buyer does not receive enogee and is sdtbsagaaWy hv4d Babe far else infringtxiterd or the like. Seller will ewe Bayer ham kw If Seller in good faith ascertains the production of theigods in accordance with the specifications will result in inFingeneat or doe like, the cannot shell be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right or impact der goads at dehivray befit acceptlng than. 13. CANCELLATION. Buyer doll have doe right to cancel for deiidt all or my pert of der undelivered portion of olds order if Seder brnxlhes any of t o tams hereof inelading warranties of Selleror if the Seller becorrhea iraolve t oroxrtridts acts ohf bowl nspky. Such right of canrceidwien is in addition la and not in Bast of anry atlas oesrnedies whio:h Buyer tiny love In Ina or equity. 14. TERMINATION. The performwxa of work uder die ader mey be andruted in whole. or le pat by the Buyer in accordance with thin provision Tmstiraion of work hervi o let dull be elfecaed by der delivery of the Sella of a "Notice of Tanmtation" specifying the count to which perForma re of work under the ader is terminated and the data upon which salt termbi tim becomes affective. Such right or termination is in addition to tad not in lieu of the rights of Buyer set Perth in Curse 17, Meier 13. FORCE MAIEURE, Neither party shall be held respectable fbr learn, nisalfing if da hdfitiment of say tesnms of prorisiom of this canaatx is relayed a prevented by any cacao not within the areal of the party whose perfaisism it ierm ilm with, and which by the exorcise of oestonable di igetee said pity is anik to pwv=L Ib. ASSIGNMENT -DELEGATION, No tigka or isawass in die cormaei shall be assigned or d etepafon of soy obligation made by Seller without this written penriaaiars of the Buyer. Any attengtd maipdrrdent or delegation by Sella Shall be wholly void and tatdly ineffective for all purpose recess mock in car briny with this pasgrsph. 17. WAIVER. Neelaincrrigtotarisingauofabreachofibbconteadcanbedischargedinwhole or In part by a waiver or remnciniar of tine claim or right whew doe waiveror ri nunciati n is sugpoinsl by co side don ud In in writing signed by die aggrieved ley, 19. INTERPRETATION -PAROLE EVIDENCE. This writing. plus any spaificadons for bids and performance provided by Buyer in its advertisement for bids. and any other documents provided by Seller as pet of his hid, is intoned by the Forties a a Foil expression of their agreement and intended also as a complete and exclusive suunasist of the reams of their agreement. Whenever a term dernsd by der Uniform Commercial Code is used in this ag eemet, the defrsie on contained in the Code is to control, 19. APPLICABLE LAW. This apicanew dell be governed by the Uniform Caturacial Cole. Whom ever der tam'Umfam Commercial Coda" a wed. it shall be cwnsnred a meaning the Uniform Camtodal Cade as adopted is the Stye of Tess an of erdre and m face an der dolt of this agteerimm. 20. RIGHT TO ASSURANCE. Wherever om pnry to this contract in good faith has ream to gastion de Oder pwty'n irusast to pahrm he may dented OW the odner lwty five wrlteee asunaece of bis intent to pesfants In the evad dusta de,urr' is morello and no a+tranca in even within fire (7) dr^ the demanding party may beat this hilue as an anticipatory cepisdAdoci of die contras. 21. 1NDEMWIFICAT ION. Seller dell indenmify, keep and save hwn*n the Buya, its agents, officish and employees, against all injuries, deaho. loss, domagcs, claims, patent claims, suits, hiabihitim judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the graying of this Contract or which nay anywise remit therefrom, whether or not it call be alleged or determined dim the act was creed th ougb negligence or omission of the Sella or its tmpk*tm or of the subSella or sasigtdee or its atpbyaL if my. and the Seller shall, at his own expo sse, appear, defend and pay all ch urs ofakirtseys and all cats eel other expenses wising datefiam of incurred in connection therewith, end if artyjudgment shall be nxsdnrd again else Buyer in any such ectio4 die Seller shall. at its own expenses. swisfy and discharge the same Seller expressly o ninstavh ail agrees that any bad required by this mdmac4 or otherwise provided by Seller, shaft in no way Iimit the responsibility to indernea lly, keep and we hrnrddess and defect the Buyer a herein provided, 22. TIME. It is hereby expressly agreed and wall"to od the time is of the essence for the performance of this contract, and failose by contract to meet the time specification of this agtamett will cause Seller ru be in default of this agreerent. 23. MBE. The City of Lubbock herby notifies all bidders that in regent to a" contract entered into punam to this reyucs4 minority aid women business enterprises well be a(%niad equal oppomnieies to submit bids in response to this invitation and will nor be diurimmard aping on the grounds of ace, co* we or annual origin in consideration for an award. Rev. 08/2005