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HomeMy WebLinkAboutResolution - 2013-R0330 - Contract - Paradigm Traffic Systems Inc.- Public Safety_Firehouse Equipment - 10_10_2013esolution No. 2013—RO330 ctober 10, 2013 tem No. 5.14 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 for and on behalf of the City of Lubbock, Buyboard Contract No. 363-10 for public safety, fire house supply equipment and traffic signals, by and between the City of Lubbock and Paradigm Traffic Systems, Inc, of Arlington, Texas, and related documents. Said 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 _ October 1o, 2o13 ., i// MAYOR ATTEST:-. Reb. eca Gar2a, City Secr A fz APPROVED AS TO CONTENT: d - /�Jj/,Ww/ R. Keith Smith P.E., Director of Public Works APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Paradigm Traffic Systems September 24, 2013 PURCHASE ORDER " F Clh1 of lubbock rE:IIS TO: PARADIGM TRAFFIC SYSTE:N PO BOX 5508 ARLINGTON Texas 76005-5508 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Ordered 09/23/2013 Freight Requested 12/02/2013 Taken By Delivery PER R GARZA REQ 42516 Page - I Date - 09/23/2013 Order Number 10009729 000 OP Branch/Plant 4525 SHIP TO: TRAFFIC CONTROLS BUILDING 202 MUNICIPAL DR LUBBOCK Texas 79403 T SHELLEY BUYBOARD CONTRACT NO. 363-10 Description/Supplier Item _ _ Ordered Unit Cost _UM Extension Request Date TC-CKl-SBE, Intersector 4.000 4,950.0000 EA 19,800.00 12/02/2013 Microwave Detector TCBI-2.1 2 Output Single Slot 4.000 550,0000 EA 2,200.00 12/02/2013 Detector Kit -INS, Install Kit 4.000 200.0000 EA 800.00 12/02/2013 CAT 5 Ethernet Cable 1000' 2,000.000 .2000 EA 400.00 12/02/2013 Spool TC-CKl-SBE, Intersector 4.000 4,950.0000 EA 19,800.00 12/02/2013 Microwave Detector TCBI-2.1 2 Output Single Slot 4.000 550.0000 EA 2,200.00 12/02/2013 Detector Kit -INS, Install Kit 4.000 200.0000 EA 800.00 12/02/2013 CAT 5 Ethernet Cable 1000' 2,000.000 .2000 EA 400.00 12/02/2013 Spool TC-CK1-SBE, Intersector 4.000 4,950.0000 EA 19,800.00 12/02/2013 Microwave Detector TCBI-2.1 2 Output Single Slot 4.000 550.0000 EA 2,200.00 12/02/2013 TERNIS AND CONDITIONS INiPOR FAN'r: lAFAD CAREFULLY s'f,%NUARD nRms AND CONDITIONS CITY OF 1.UBB0CK,-rEX.A8 Seller and Buyer agree as follovitu 1. SELLER TO PACKAGE GOODS. SdIer will package goals in .iccorlarica with goal commercial practice, Each :hipping conlainer shall be clearly and permanently masked as fullows (a) Seller's nave and address, lb) Cansrgnee'r name, aaletress .vnd purchase order of purchase releaser number .fnd the supplyagicancnl number if applicable, (e) Container munber and total murrba of containers, e.g. bot I or 4 boxes, and (d) the number of the conlainer I;daring the packing slip. Scher shall bear rest of packaging unless otherwise provided Crewels iha)l be tuilably picked to secure lowest transportation eosis and to conform with requiremunits of common carriers and .my applicable ipectftcatioiu. Buyer's court or weight shall be final and cunctum a on shipments not x compaoicd by packing lists. 2. St11P%,1ENT UNDER RESERVATION PROII1BfrED. Seller is nut authorized to ihip the goads under reservilion and no tender of a bill of lading will Opera to as a tender of goods 3. ME AND RISK OF LOSS, The title and risk of loss of the gu xh shall not µter to Buyer moil Buyer actually receives and takes possession of the goods ,d the point at points or delivery. 4. NO REPLACEMENT OF DEFECTIVE TM40EFL [fiery tender ofdelivery of goods roust fully comply with Al provisions of this contract as to lime of delivery, quaiily and the like. If a tender is made %which does not fully confom this shall constitute a breach .uid Seller shall nut have the right to substitute a conforming tender, provided, ishere the time for performance has nut yet expired, the Sella tray reasonably nutily Buyer of his intention to cure ansi tiny Then make a conforming laider within the contract time but not allaward. S. INVOICES A PAYMENTS. a. Seiler Shull submit .separate invoices, In duplicate. one each purchase order or purchase release alter each delivery, invoices shall indicate the purchase order Of purchasa release number and the supply igtMtnait number if applicabte. fnvvices shall be itemized and tramipatation 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 invoices. Mail To Accounts Payable, Clly of Lubbock, P. D. Box 2000, Lubbock, rexas 79457. Payment shall not be due until the above instruments ans submitted aller delivery. 6. GRArUIT1ES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratWifink in the form of entertainment, gifts or otherwise, %vat offered or given by the Seller, or any agent or representative of the Seller, to any viTicer or employes of the City of Lubbock with a view to securing a contract at sectring favorable ireatmert with respect to the awarding or amending, or the making of any detarminafians with respect to the performing or such a contract. in the event this contract Is canceled by Buyer punntnt to this provision. Buyer shall be entittedi, in ;tddition to any other rights and remailest, to recover or withhold the amount of the toss incurred by Seiler in providing such t ramilieL 7. SPECIAL TOOLS R TEST CQUIPMENT. if the price stated on the face hereof includes the cost of any special tooling or special lest equipment fabricated or require! by Selltr for the purpose of tilling this order, such special tooling equipment and any process sheets related iht"o, shall be corns the property of the Buyer and to the extent feasible shall be identified by the Seiler as such g. 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 Sellers current process on urders by others for products of the kind and specification covered by this agreanent for similar quantities under similar of like conditions and methods of purchaser In the even Seller breaches this warranty, the prices of the items shall be reduced to the Stlla's current prices an orders by others, or in the alternative. Buyer may cancel this context without liability to Seller for breach or Seller's actual expasse. It. The Seiler warrants that no person err selling agency has been employed or retained to Sul idil or secure this contract upun ads agreemern or understanding for corrunissionn, pecenlage, brokerage, or contingent foe cxctpling bons Ode cinplayea of bons fide ostabtishod commercial or tilling agencies maintained by the Seller for the purpose of seeruing business For breach oe viciarion or this war inty the Buyer shill have the dutm in addition to any other right of rights to cancel this contract without hallilily and m dodoes from the contract price, or oillLnvise recover wiihots liability and to deduct lyom Ilia contract pricer err orherise rcv-m at the Rill ammmt of such cofnndssion, percentage, brokerage or conlingerut 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. Seiler warrants that the gaols Mmished will carfer , to the specification, drawings, and descriptions listed in the bid inxitalion, and to the sample(s) famished by the Sella, if any. in iha event of a conllid or between the speeittcaUons, drawings, and dessaiptions, the specifications shall govern. Notwithstanding any provisions contained in the contrachsal agreement, the Seller represents .ind warants fault-frea palormams ,usd ryull-free result in the processing dale and dale related dais (including, bud our limited to calculating, comparing and serplerlodng) of .ill hardware, software and f1mrwate products delivered and. services provided under this Contrtet, individually or in combination, as the case may be Imna the offective date of this Contract Ilia obligations contained liaein apply to prahicts :cod services provided by iha Sclier, its sub. Seller or;my third party involved fa rho creatitln a developnetd of the produds iM services io be delivered to the City of Lubbock undo this Contract F.vlue to comply with any of the obligations contained herein. may resist in the City of Lubbock availing iiself or any of its rights under the law cod under This Cordrad Including, but riot liioiled to, its rilim paiiining to Irtmifutiun or default rho warranties contained herein in separate and ddscrcte fMm any oilier warranties specified In this Confect, and. are not subject to airy disclaimer of %varanty, unplid Of rxpaeued Of limilatian of the Seeta's liability which stray be tpecified in ibis Cuntrxt, its appendices, its schekdes, its annexes or ury document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Sella wanards that the product sold to the Buys shalt conform to the standards ilmmulgaled by the U. S. Department of Labor War the Occupational Safety and I(eabh Act of 1970. In the event the product does riot conform to OSHA ilaneluds, Buyer may rehun the preducl fur cosreetion err replacement at the .5ellei s expense in the event Seller faits to make the 1ppmpli414 Correction within A reasonable lima, corcctfon toads by Buyer will be at the Seller's expense 11. NO WARRANTY BY BUYER AGAINST iNFRINGEMFN'TS. As part of ibis contract for ,.de Seller igrm to asct Wo whaher goods inanufachued in aeeordanca with the specillcatiurss attachd to This agreantag will give rise to the rightlW claim c f any third person by way of infringement of Ilia like. Buyer makes no warranty that The praluclion of goals accerding to the ipecificalian will not give rise to such A claim annd in no event shall Buyer be liable to Seiler for indemnification in the event that Seller is sued on the goings of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will tustify the Buyer to this etlect in writing within two %o•eeks .uler the signing of this agreement. It Buyer does not receive notice and is subsequently held liable for the inrringntient or the like, Sclier will use Buyer harmlm it Seller in good failh ascertains the production of the goods in accordance wish the specitications will result in miring incest or the like. Ilia contract .shall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. IS. CANCELLATION. Buyer shall have the right to cancel far defasul all or .Illy pan of the undelivered portion of this order if Seiler breaches any of this terms hereof including warttulties of Seller or if the Seller becomes insolvent or commis acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of my other remedies which Buyer may Nava in law at equity. 14. TERMINA FION. 'The performance of work under this order tray be terminated in whole, or in part by the Buyer in accordance with this provision. reamination of work heramder shall he otfecied by the delivery of the Scller of a " Nutiee or Terminalion' specifying the extent to which performance of work tinder the order is Jerminaied and The dale upon which slwh lenninallon becomes tlTaiive. Such right or termination is in addttlom to am not in lieu of the rights of Buyer set faith in pause 13, herein IS. FORCE tiWEURF— Neither patty shall be held responsible for josses, resulting if the ILllillment of any termf of provisions of this contract is delayed of prevenled by any cause not within the control of the party whose performance is inlerfeed with, alid which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. Na right Of interest in this contract shall be assigned or delegation army obligation made by Salle wilhatd the written permission of the Buyer. ,Any auanpted assignment or delegation by Salter shall be wholly void and totally inedreclive fox ads purpose unless trade in conformity with this paragraph. 11. WAIVER. No claim at right arising out arm breach of Ibis contract can be discharged in whole or in part by a waiver or rmunciaiion or the claim of right unless the waiver or renunciation is supported by consideration and is in writing signed bry the aggrieved pasty. IS. INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for bida and perfomlmua provided by Buyer ie its advertisement for bids, and any other docum mts provided by Seller as past of his bid is intended by Use parties as a final expression of their agivernent and intended also as A complete and exclusive statement of the terns of Ibeir agreement. Whenever a term defined. by The Uniform Conursereial CdxW is used in this alpmned the definition conlainred In the Code is to control. 19. APPLICABLE LAW. This agrranmt shall be governed by the Uniform Commercial Cola Where aver the lean "Unirortn Commercial Cods' is used it shall be constrooed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and (n farce an the dale of this agreement. 10. RIGHT TO ASSURANCE: Whenever one patty to this cord aad 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 dernand is made and no assurance is given within five (S) days, the demanding party may treat this failure as in anticipatory, repudiation of the contract 21. INDEMNIFICATION. Seller shell indemnify, keep and save harmless the Surfer. its agents. otTneiils and anployees, against all injuries, deaths, loss, damages, claims, patent claims, suits, llabitifick judgments, casts and upenses, which may in anywise accrue against the Buyer in consequence of the granting of this Cunlmd or which tray anywise result therefrom, wht:iher or not it stall be alleged or dete pined that the act was caused through neyligenee or omisilon of the Seller or its employees, or of the subSeller or assigrsee or its employees, if any, alxl Iha Setter shell, at his own expense, appear, defend and pay all charges of inane" and all casts send tether expenses arising therefrom of incurred in connection therawill. TA litany judgment shall ire rendered against the Buyer in any such utiuit, the Seller shall, at its own exptmscs, satisly :cod discharge the sane Seller expressly undenfunls and agrees libel arty hand required by this cuntnct, or otherwise provided by Setter, shall In no way limit the responsibility to Indemnity, keep and save harmless and defend the Buyer as herein provider. 22. TIME It is hereby expressly agreed and uruderxtood that time is of The essence for the icrfonnance or this conrad, and failure by contract to moss the lima spevifialiurts of this .agrocnient will cause Suite to be in default of ihls agfedoent. 23. MOM the City of Lubbock hereby notifies eel bidden that in regard to my contrad entered into pursuaun to this request, minority and women bsincis trjerprisas will he afTarded equal opportunities to tubmit bids in response to this imitatiun anti will riot be discriminated against on the grounds of ram color, sax of natural origin in co esideratlrm tot in awartL 24. NON-ARBI TRA T1ON. The City reeves Ilia right to earrcise any right of rmc* availab)a to it by law, contract, equity, or otherwise, including without limilatiom the right to seek .my, and all foals of relief in a court of canpdert Jurisdiction. Further, the City stial( not be %Lebjmt to any .uhi"ion pmeess prior to exercising its usiresuicted right to seek jtulicial remedy. The ronrdles set forth herein are cumutath a .sad not exclusive, and inay be axecised comorrefllfy. ro the extent army wnJlici between This provision.und another provision in. of felated to, this document, this provlsiaa shall control. 1S. RIGIiT TO AUDrr. At any Hine during the term or the contract, or thereailer, the City, or a duty-Tulhorird audit representaive of she City or the State of Texa%.0 its expose .used al nea-u-bla lilies, reserves the right to -,,at Cantcuicet recads .,ad books rciev.urt to .ell services provided to the City under this Contract. In the event such m audit by the City reveals my eras or odapayrents by the City, Contractor shall reflmd Litt City the fill .unount of such oeipaymmis within thirty (30) days of such .ludil findings, or the City, at its uplio% reverses the right to dehsd such amounts owing the City lyorn .iny paymeits duo Contrarlor. Nov. 02/20I2 PURCHASE ORDER lu6tyb ck MAS TO: PARADIG YKAIIMU s Y N I M'v PO BOX 5508 ARLINGTON Texas 76005-5508 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. Box 2000 LUBBOCK, Tx 79457 Ordered 09/23/2013 Requested 12/02/2013 Delivery PER R GARZA REQ 42516 Taken By Page - Date - Order Number Branch/Plant 2 09/23/2013 10009729 000 OP 4525 SHIP TO: TRAFFIC CONTROLS BUILDING 202 MUNICIPAL DR LUBBOCK Texas 79403 BY: BUYBOARD CONTRACT NO. 363-10 Description/Supplier Item _ _ Ordered Unit Cost UM Detector Kit -INS, Install Kit 4.000 200.0000 EA CAT 5 Ethernet Cable 1000' 2,000,000 .2000 EA Spool Terms NET 30 TSHELLEY Extension Request Date Total Order 800.00 12/02/2013 400.00 12/02/2013 69,600.00 This purchase order encumbers funds in the amount of $69,600 awarded to Paradigm Traffic Systems, Inc. of Arlington, Texas on October 10, 2013. The following is incorporated into and made part of this purchase order by reference: Buyboard Contract 363-10. Price quotation dated September 17, 2013 from Paradigm Traffic Systems, Inc. of Arlington, Texas. Resolution# 2013—RO330 CITY OF LUBBOC Glen C. obertson, Mayor ATTEST: 4 Reb ca Garza, City Se:cre ry TERNIS AND CONDITIONS INiPOR FAN'r: lAFAD CAREFULLY s'f,%NUARD nRms AND CONDITIONS CITY OF 1.UBB0CK,-rEX.A8 Seller and Buyer agree as follovitu 1. SELLER TO PACKAGE GOODS. SdIer will package goals in .iccorlarica with goal commercial practice, Each :hipping conlainer shall be clearly and permanently masked as fullows (a) Seller's nave and address, lb) Cansrgnee'r name, aaletress .vnd purchase order of purchase releaser number .fnd the supplyagicancnl number if applicable, (e) Container munber and total murrba of containers, e.g. bot I or 4 boxes, and (d) the number of the conlainer I;daring the packing slip. Scher shall bear rest of packaging unless otherwise provided Crewels iha)l be tuilably picked to secure lowest transportation eosis and to conform with requiremunits of common carriers and .my applicable ipectftcatioiu. Buyer's court or weight shall be final and cunctum a on shipments not x compaoicd by packing lists. 2. St11P%,1ENT UNDER RESERVATION PROII1BfrED. Seller is nut authorized to ihip the goads under reservilion and no tender of a bill of lading will Opera to as a tender of goods 3. ME AND RISK OF LOSS, The title and risk of loss of the gu xh shall not µter to Buyer moil Buyer actually receives and takes possession of the goods ,d the point at points or delivery. 4. NO REPLACEMENT OF DEFECTIVE TM40EFL [fiery tender ofdelivery of goods roust fully comply with Al provisions of this contract as to lime of delivery, quaiily and the like. If a tender is made %which does not fully confom this shall constitute a breach .uid Seller shall nut have the right to substitute a conforming tender, provided, ishere the time for performance has nut yet expired, the Sella tray reasonably nutily Buyer of his intention to cure ansi tiny Then make a conforming laider within the contract time but not allaward. S. INVOICES A PAYMENTS. a. Seiler Shull submit .separate invoices, In duplicate. one each purchase order or purchase release alter each delivery, invoices shall indicate the purchase order Of purchasa release number and the supply igtMtnait number if applicabte. fnvvices shall be itemized and tramipatation 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 invoices. Mail To Accounts Payable, Clly of Lubbock, P. D. Box 2000, Lubbock, rexas 79457. Payment shall not be due until the above instruments ans submitted aller delivery. 6. GRArUIT1ES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratWifink in the form of entertainment, gifts or otherwise, %vat offered or given by the Seller, or any agent or representative of the Seller, to any viTicer or employes of the City of Lubbock with a view to securing a contract at sectring favorable ireatmert with respect to the awarding or amending, or the making of any detarminafians with respect to the performing or such a contract. in the event this contract Is canceled by Buyer punntnt to this provision. Buyer shall be entittedi, in ;tddition to any other rights and remailest, to recover or withhold the amount of the toss incurred by Seiler in providing such t ramilieL 7. SPECIAL TOOLS R TEST CQUIPMENT. if the price stated on the face hereof includes the cost of any special tooling or special lest equipment fabricated or require! by Selltr for the purpose of tilling this order, such special tooling equipment and any process sheets related iht"o, shall be corns the property of the Buyer and to the extent feasible shall be identified by the Seiler as such g. 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 Sellers current process on urders by others for products of the kind and specification covered by this agreanent for similar quantities under similar of like conditions and methods of purchaser In the even Seller breaches this warranty, the prices of the items shall be reduced to the Stlla's current prices an orders by others, or in the alternative. Buyer may cancel this context without liability to Seller for breach or Seller's actual expasse. It. The Seiler warrants that no person err selling agency has been employed or retained to Sul idil or secure this contract upun ads agreemern or understanding for corrunissionn, pecenlage, brokerage, or contingent foe cxctpling bons Ode cinplayea of bons fide ostabtishod commercial or tilling agencies maintained by the Seller for the purpose of seeruing business For breach oe viciarion or this war inty the Buyer shill have the dutm in addition to any other right of rights to cancel this contract without hallilily and m dodoes from the contract price, or oillLnvise recover wiihots liability and to deduct lyom Ilia contract pricer err orherise rcv-m at the Rill ammmt of such cofnndssion, percentage, brokerage or conlingerut 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. Seiler warrants that the gaols Mmished will carfer , to the specification, drawings, and descriptions listed in the bid inxitalion, and to the sample(s) famished by the Sella, if any. in iha event of a conllid or between the speeittcaUons, drawings, and dessaiptions, the specifications shall govern. Notwithstanding any provisions contained in the contrachsal agreement, the Seller represents .ind warants fault-frea palormams ,usd ryull-free result in the processing dale and dale related dais (including, bud our limited to calculating, comparing and serplerlodng) of .ill hardware, software and f1mrwate products delivered and. services provided under this Contrtet, individually or in combination, as the case may be Imna the offective date of this Contract Ilia obligations contained liaein apply to prahicts :cod services provided by iha Sclier, its sub. Seller or;my third party involved fa rho creatitln a developnetd of the produds iM services io be delivered to the City of Lubbock undo this Contract F.vlue to comply with any of the obligations contained herein. may resist in the City of Lubbock availing iiself or any of its rights under the law cod under This Cordrad Including, but riot liioiled to, its rilim paiiining to Irtmifutiun or default rho warranties contained herein in separate and ddscrcte fMm any oilier warranties specified In this Confect, and. are not subject to airy disclaimer of %varanty, unplid Of rxpaeued Of limilatian of the Seeta's liability which stray be tpecified in ibis Cuntrxt, its appendices, its schekdes, its annexes or ury document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Sella wanards that the product sold to the Buys shalt conform to the standards ilmmulgaled by the U. S. Department of Labor War the Occupational Safety and I(eabh Act of 1970. In the event the product does riot conform to OSHA ilaneluds, Buyer may rehun the preducl fur cosreetion err replacement at the .5ellei s expense in the event Seller faits to make the 1ppmpli414 Correction within A reasonable lima, corcctfon toads by Buyer will be at the Seller's expense 11. NO WARRANTY BY BUYER AGAINST iNFRINGEMFN'TS. As part of ibis contract for ,.de Seller igrm to asct Wo whaher goods inanufachued in aeeordanca with the specillcatiurss attachd to This agreantag will give rise to the rightlW claim c f any third person by way of infringement of Ilia like. Buyer makes no warranty that The praluclion of goals accerding to the ipecificalian will not give rise to such A claim annd in no event shall Buyer be liable to Seiler for indemnification in the event that Seller is sued on the goings of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will tustify the Buyer to this etlect in writing within two %o•eeks .uler the signing of this agreement. It Buyer does not receive notice and is subsequently held liable for the inrringntient or the like, Sclier will use Buyer harmlm it Seller in good failh ascertains the production of the goods in accordance wish the specitications will result in miring incest or the like. Ilia contract .shall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. IS. CANCELLATION. Buyer shall have the right to cancel far defasul all or .Illy pan of the undelivered portion of this order if Seiler breaches any of this terms hereof including warttulties of Seller or if the Seller becomes insolvent or commis acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of my other remedies which Buyer may Nava in law at equity. 14. TERMINA FION. 'The performance of work under this order tray be terminated in whole, or in part by the Buyer in accordance with this provision. reamination of work heramder shall he otfecied by the delivery of the Scller of a " Nutiee or Terminalion' specifying the extent to which performance of work tinder the order is Jerminaied and The dale upon which slwh lenninallon becomes tlTaiive. Such right or termination is in addttlom to am not in lieu of the rights of Buyer set faith in pause 13, herein IS. FORCE tiWEURF— Neither patty shall be held responsible for josses, resulting if the ILllillment of any termf of provisions of this contract is delayed of prevenled by any cause not within the control of the party whose performance is inlerfeed with, alid which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. Na right Of interest in this contract shall be assigned or delegation army obligation made by Salle wilhatd the written permission of the Buyer. ,Any auanpted assignment or delegation by Salter shall be wholly void and totally inedreclive fox ads purpose unless trade in conformity with this paragraph. 11. WAIVER. No claim at right arising out arm breach of Ibis contract can be discharged in whole or in part by a waiver or rmunciaiion or the claim of right unless the waiver or renunciation is supported by consideration and is in writing signed bry the aggrieved pasty. IS. INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for bida and perfomlmua provided by Buyer ie its advertisement for bids, and any other docum mts provided by Seller as past of his bid is intended by Use parties as a final expression of their agivernent and intended also as A complete and exclusive statement of the terns of Ibeir agreement. Whenever a term defined. by The Uniform Conursereial CdxW is used in this alpmned the definition conlainred In the Code is to control. 19. APPLICABLE LAW. This agrranmt shall be governed by the Uniform Commercial Cola Where aver the lean "Unirortn Commercial Cods' is used it shall be constrooed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and (n farce an the dale of this agreement. 10. RIGHT TO ASSURANCE: Whenever one patty to this cord aad 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 dernand is made and no assurance is given within five (S) days, the demanding party may treat this failure as in anticipatory, repudiation of the contract 21. INDEMNIFICATION. Seller shell indemnify, keep and save harmless the Surfer. its agents. otTneiils and anployees, against all injuries, deaths, loss, damages, claims, patent claims, suits, llabitifick judgments, casts and upenses, which may in anywise accrue against the Buyer in consequence of the granting of this Cunlmd or which tray anywise result therefrom, wht:iher or not it stall be alleged or dete pined that the act was caused through neyligenee or omisilon of the Seller or its employees, or of the subSeller or assigrsee or its employees, if any, alxl Iha Setter shell, at his own expense, appear, defend and pay all charges of inane" and all casts send tether expenses arising therefrom of incurred in connection therawill. TA litany judgment shall ire rendered against the Buyer in any such utiuit, the Seller shall, at its own exptmscs, satisly :cod discharge the sane Seller expressly undenfunls and agrees libel arty hand required by this cuntnct, or otherwise provided by Setter, shall In no way limit the responsibility to Indemnity, keep and save harmless and defend the Buyer as herein provider. 22. TIME It is hereby expressly agreed and uruderxtood that time is of The essence for the icrfonnance or this conrad, and failure by contract to moss the lima spevifialiurts of this .agrocnient will cause Suite to be in default of ihls agfedoent. 23. MOM the City of Lubbock hereby notifies eel bidden that in regard to my contrad entered into pursuaun to this request, minority and women bsincis trjerprisas will he afTarded equal opportunities to tubmit bids in response to this imitatiun anti will riot be discriminated against on the grounds of ram color, sax of natural origin in co esideratlrm tot in awartL 24. NON-ARBI TRA T1ON. The City reeves Ilia right to earrcise any right of rmc* availab)a to it by law, contract, equity, or otherwise, including without limilatiom the right to seek .my, and all foals of relief in a court of canpdert Jurisdiction. Further, the City stial( not be %Lebjmt to any .uhi"ion pmeess prior to exercising its usiresuicted right to seek jtulicial remedy. The ronrdles set forth herein are cumutath a .sad not exclusive, and inay be axecised comorrefllfy. ro the extent army wnJlici between This provision.und another provision in. of felated to, this document, this provlsiaa shall control. 1S. RIGIiT TO AUDrr. At any Hine during the term or the contract, or thereailer, the City, or a duty-Tulhorird audit representaive of she City or the State of Texa%.0 its expose .used al nea-u-bla lilies, reserves the right to -,,at Cantcuicet recads .,ad books rciev.urt to .ell services provided to the City under this Contract. In the event such m audit by the City reveals my eras or odapayrents by the City, Contractor shall reflmd Litt City the fill .unount of such oeipaymmis within thirty (30) days of such .ludil findings, or the City, at its uplio% reverses the right to dehsd such amounts owing the City lyorn .iny paymeits duo Contrarlor. Nov. 02/20I2 (817) 831-9406 ph P.O. Box 5508 (817) 831-9407 fx PARADIGM Arlington,TX 76005-5508 TO: City of Lubbock 202 Municipal Drive Lubbock, TX 79403 attn: Andrew Bahlmann ph: 806-775-2145 fax: 806-775-2143 TRAFFIC SYSTEMS, INC. QUOTATION REVISED 9120113 3:00 PM RFQ: BuyBoard Contract # 3 63 -10 Public Safety, Fire House Supply Equip. & Traffic Signals 512-467-0222 pn 1-800-211-5454 fax DATE 9/17/13 SLSMN MH DELIVERY 30 - 45 Days ARO FREIGHT PPD & Allowed SHIP VIA Best Way F.O.B. Destination TERMS Net 30 QUOTE # Q15503MH ITEM QTY DESCRIPTION PRICE TOTAL 1 12 TC-CK1-SBE, Intersector Microwave Detector $4,950.00 $59,400.00 2 12 TCBI-2.1 2 Output Single Slot Detector $550.00 $6,600.00 3 12 Kit -INS, Install Kit $200.00 $2,400.00 4 6 CAT 5 Ethernet Cable (1000' Spool) $200.00 $1,200.00 NOTE: PURCHASE ORDER MUST BE PROCESSED THROUGH WWW.BUYBOARD.COM NOTE: QUANTITY INCREASE PER CUSTOMER REQUEST TOTAL $69,600.00 Thank you for the opportunity to submit a proposal to you on this equipment. Please reference this quotation (by OFFERED BY: QTE number) when placing order. If you have any questions please call or send a fax to me. This quote is valid for 60 days. Thereafter it is subject to Matt Hendricks change without notice. Paradigm Traffic Systems, Inc. FaHaral inli 7;,_71;7n4d1 15503M H.X19, q-10 REV 0-20.13