1-ITB 7122-26-ELD - Electric Four Drum Puller.docx

INVITATION TO BID

ITB 7122-26-ELD

LP&L Electric Four Drum Puller

Due Date/Time:

March 5, 2026 @ 2:00 p.m.

SUBMITTED BY:

Bids must be addressed to:

Megan Moniz, Buyer, Electric Utilities Lubbock Power & Light https://lpandl.bonfirehub.com/portal

VENDORS ARE STRONGLY ENCOURAGED

TO CAREFULLY READ THE ENTIRE BID.

LUBBOCK POWER & LIGHT

ITB 7122-26-ELD

Checklist Please ensure that you complete and submit the following documents and information to the Lubbock Power & Light Bonfire portal before the deadline. Any corrections must be initialed by person making the correction. Late submittals will not be accepted.

Documents MUST be completed in blue or black ink or by word processor. Signatures must be original, in blue or black ink, and by hand.

The Invitation to Bid Form MUST be completed, page 3. Clearly mark the ITB number, title, due date and time, and your company name and address on the proposal.

Bid Form Exhibit A., page 4.

Consideration of Location, page 19.

Completed and signed SUSPENSION AND DEBARMENT CERTIFICATION. Please include Company Federal TAX ID number or Social Security number, page 20.

Complete the Non-Collusion Affidavit, page 21.

State Law Verifications, page 22.

BULK POWER SYSTEM SOURCING DISCLOSURE FORM, page 24.

Specifications, page 25.

NO

Failure to comply with the Terms & Conditions will result in disqualification of bid. Exceptions or alterations to the terms and conditions will not be allowed.

Invitation to Bid Form MUST be completed

Print Name of Company.

Contact Person/Phone

SUBMIT TO:

BONFIRE PORTAL

https://lpandl.bonfirehub.com/portal/?tab=openOpportunities

LUBBOCK POWER & LIGHT

INVITATION TO BID

#7122-26-ELD

AN EQUAL

OPPORTUNITY

EMPLOYER

Megan Moniz Buyer III, Electric Utilities

TEL: 806.775.2546

EMAIL: mmoniz@mylubbock.us

TITLE:

SUBMITTAL DEADLINE:

March 5, 2026, 2:00 p. m. CST

RESPONDENT NAME:

IF RETURNING AS A “NO BID”, PLEASE COMPLETE AND RETURN THE “STATEMENT OF NO BID”.

MAILING ADDRESS:

CITY – STATE – ZIP:

LUBBOCK POWER & LIGHT RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, LP&L RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF LP&L.

IT IS THE INTENT AND PURPOSE OF LUBBOCK POWER & LIGHT THAT THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER’S RESPONSIBILITY TO ADVISE THE LUBBOCK POWER & LIGHT PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.

TELEPHONE NO:

FAX NO:

E-MAIL:

FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.

THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA.

An officer or employee of Lubbock Power & Light cannot benefit from any contract, job, work or service for the utility or be interested in the sale to Lubbock Power & Light of any supplies, equipment, material or articles purchased. Will any officer or employee of Lubbock Power & Light, or member of their immediate family, benefit from the award of this bid to the above firm? YES NO

IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION.

By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to Lubbock Power & Light all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by Lubbock Power & Light. At Lubbock Power & Light’s discretion, such assignment shall be made and become effective at the time Lubbock Power & Light tenders final payment to the vendor.

Authorized Signature Title

Print/Type Name Date

THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.

BID FORM

LUBBOCK POWER & LIGHT

ITB #7122-26-ELD

In compliance with the Invitation to Bid #7122-26-ELD, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #7122-26-ELD is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by word processor.

QTY

(more or less)

U/M

UNIT COST*

DELIVERY DAYS ARO**

*PRICE: F.O.B. LUBBOCK POWER & LIGHT, Freight Pre-Paid and Allowed. **Delivery Days After Receipt of Order (ARO)

* Days After Receipt of Order (ARO), delivery time is also a deciding factor on which vendor will be awarded, Factory Stock will not be considered and may result in your bid being deemed non-responsive.

Unless otherwise specified herein, LP&L may award the quote either item-by-item or on an all-or-none basis for any item or group of items shown on the Quote Form.

PAYMENT TERMS - Bidder offers a prompt payment discount of %, net calendar days to apply after receipt of invoice or final acceptance of the goods or services provided, whichever is later. If no prompt payment discount is offered, enter 0 in the % space to indicate Net 30 days, otherwise payment terms shall be Net 30 days. Discounts will not be considered in determining low bid.

THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of ____________________, or a partnership consisting of or an individual trading as ______________________________ of the City of_______________________ Firm:

Address:

City: State: Zip

M/WBE Firm:

Woman

Black American

Native American

Hispanic American

Asian Pacific American

Other (Specify)

By Date:

Authorized Representative - must sign by hand

Officer Name and Title:

Please Print

Business Telephone Number FAX:

FOR LP&L USE ONLY:

Bid Form Item Number(s) Awarded to Above Named Firm/Individual:

Purchase Order/Contract Number: Date P.O./Contract Issued:

ITB #7122-26-ELD

LUBBOCK POWER & LIGHT APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS.

I. INSTRUCTIONS TO BIDDERS

https://lpandl.bonfirehub.com/portal/?tab=openOpportunities

3.1 It is the intent and purpose of Lubbock Power & Light that this request permits competitive bids. It is the bidder’s responsibility to advise the Lubbock Power & Light Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made.

3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING THROUGH THE VENDOR DISCUSSION TAB OF THE BONFIRE PORTAL NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE.

6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of Lubbock Power & Light when received.

6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items.

6.9 LABEL FIRST PAGE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.

7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.

11 CONFLICT OF INTEREST

13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for Lubbock Power & Light. In determining the best value for the Lubbock Power & Light, Lubbock Power & Light may consider:

13.2 Lubbock Power & Light reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to Lubbock Power & Light in its sole discretion. Unless otherwise specified herein, LP&L may award the bid either item-by-item or on an all-or-none basis for any item or group of items shown on the Bid Form.

13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed Terms & Conditions will result in disqualification of bid.

13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by Lubbock Power & Light and/or investigation by the Attorney General to determine possible Anti-Trust violations.

13.5 Before LP&L may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state.

13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas and shall include by incorporation all terms and provisions of this Invitation to Bid. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable.

13.7 Responsible Bidder Criteria: Lubbock Power & Light shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of Lubbock Power & Light, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. Lubbock Power & Light may also consider references and financial stability in determining a responsible Bidder.

14 EQUAL EMPLOYMENT OPPORTUNITY

14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. Lubbock Power & Light specification committee will be the sole determiner of what constitutes a minor deviation.

15.4 Lubbock Power & Light may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization. Lubbock Power & Light may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned.

15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and address and item number.

15.6 Lubbock Power & Light reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. Lubbock Power & Light will, at its sole discretion, assess warranty offered, and utilize life-cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid, this is considered non-responsive and therefore may not be considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY.

16 CONSIDERATION OF LOCATION OF BIDDER’S PRINCIPAL PLACE OF BUSINESS

16.1 Pursuant to Texas Local Government Code 271.9051(b), in purchasing real property or personal property that is not affixed to real property, if LP&L receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within five percent (5%) of the lowest bid price received by LP&L from a bidder who is not a resident of the City of Lubbock, LP&L may enter into a contract with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the City of Lubbock if the Electric Utility Board determines, in writing, that the local bidder offers LP&L the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock.

16.2 In order to receive consideration, bidders must submit an Affidavit of Eligibility.

17 NONAPPROPRIATION

All funds for payment by LP&L under this contract are subject to the availability of an annual appropriation for this purpose by LP&L. In the event of non-appropriation of funds by the Electric Utility Board of LP&L for the goods or services provided under the contract, LPL will terminate the contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and LP&L shall not be obligated under this contract beyond the date of termination.

19.2 This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid.

20 UTILIZATION OF LOCAL BUSINESS RESOURCES

20.2 Lubbock Power & Light desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources.

21 PROTEST

21.2 All protests regarding the bid solicitation process must be submitted in writing to the Lubbock Power & Light Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, as well as any protest relating to alleged improprieties with the bidding process.

21.3 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY

21.4 PROTEST.

22 HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES

22.3 Please reference the bid number and description as the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract.

22.4 Please submit the signed and notarized copy of your sealed bid to the Lubbock Power & Light Bonfire portal.

23 EXECUTIVE ORDER 13920

23.1 Pursuant to Executive Order 13920 (“Executive Order”) and any related prohibition order(s), including but not limited to the “Prohibition Order Securing Critical Defense Facilities,” dated December 17, 2020 (herein after “First Prohibition Order), Bidder shall not acquire for, import for, transfer to, or install for LP&L the following:

(1) Any “bulk power system electric equipment,” as “bulk power system” and “bulk power system electric equipment” are defined in the Executive Order or First Prohibition Order and incorporated herein, including but not limited to the following: bulk-power system substations, control rooms, or power generating stations, including reactors, capacitors, substation transformers, current coupling capacitors, large generators, backup generators, substation voltage regulators, shunt capacitor equipment, automatic circuit reclosers, instrument transformers, coupling capacity voltage transformers, protective relaying, metering equipment, high voltage circuit breakers, generation turbines, industrial control systems, distributed control systems, safety instrumented system, particularly: (1) power transformers with low-side voltage rating of 69 kV or higher and associated control and protection systems like load tap changer, cooling system, and Sudden Pressure relay, (2) generator step up transformers with high-side voltage rating of 69 kV or higher and associated control and protection systems like load tap changer, cooling system, and Sudden Pressure relay, (3) circuit breakers operating at 69 kV or higher, (4) reactive power requirement 69 kV or higher, associated software and firmware installed in any equipment or used in the operation of items listed in 1 through 4, that have been developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of the People’s Republic of China and/or any “foreign adversary” (as defined in the Executive Order, First Prohibition Order, and associated documents and notices, and any subsequent legislation, rules, or regulations interpreting same) (“Qualifying Equipment”); or

(2) Any bulk power system electric equipment identified in Attachment 1 to the First Prohibition Order that (i) has been manufactured or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of the People’s Republic of China, and (ii) is for use by a utility as a component of its Defense Critical Electric Infrastructure (“DCEI”) serving a Critical Defense Facility (“CDF”) at a service voltage level of 69kV or higher, from the point of electrical interconnection (at a service voltage level of 69 kV or higher) with the CDF up to and including the next “upstream” transmission substation, to the extent the First Prohibition Order applies (“Prohibited Transactions”).

Bids or proposals that fail to observe these requirements will not be considered for award.

Bidder shall comply with Executive Order 13920 and related prohibition order(s).

If Bidder plans to provide or install Qualifying Equipment or engages in any Prohibited Transactions during the course of its work for LP&L, Bidder must complete a Bulk Power System Disclosure form and shall therein identify the country of registration and location of manufacturer, the identity and country of registration of the supplier (if not the manufacturer), identify the county of registration/nationality and location of the owner and/or owner of the controlling interest of the manufacturer and supplier (as applicable), for each component or sub-component of the Qualifying Equipment Bidder proposes to provide to LP&L.

If Bidder selects a manufacturer or vendor of such equipment that has been pre-qualified by the Secretary of Energy under the Executive Order, Bidder shall be deemed to satisfy the requirements of this section. Bidder shall provide documentation to LP&L reflecting any such pre-qualification with its response.

24. OWNERSHIP REPRESENTATION AND WARRANTY

To the extent Chapter 2275, Texas Government Code applies to this contract, Contractor represents and warrants that it is not, and during the term of this contract will not be (1) owned by or the majority of stock or other ownership interest of Contractor will not be held or controlled by (i) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country, as defined in Section 2275.0101, Texas Government Code; or (ii) a company or entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country as defined in Section 2275.0101, Texas Government Code; or (2) headquartered in China, Iran, North Korea, Russia, or a designated country as defined in Section 2275.0101, Texas Government Code. Contractor warrants and represents that LP&L’s contract with Contractor therefore does not and will not violate Texas Government Code Section 2275.0101, et seq.

25 NON-DISCRIMINATION AGAINST FIREARM ENTITIES/TRADE ASSOCIATIONS

Contractor hereby warrants that it is in compliance with Chapter 2274, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and (2) it will not discriminate during the term of the contract against a firearm entity or firearm trade association.

26 NON-BOYCOTT OF ENERGY COMPANIES

During the life of the Contract, Bidder shall furnish price lists to the LP&L for increases, and those of the Bidder’s supplier (e.g. factory) increases, as prices change. Bidder must also provide a list of the supplier’s (e.g. factory’s) previous price(s) to the LP&L for purposes of comparison. Price changes will be in effect only after receipt and approval by the Purchasing Manager.

Price adjustments may be allowed for "Pass Through" costs incurred by Bidder. Requests for price adjustments will be written, and will include documentation that substantiates additional costs. All requests will be received by LP&L 30 days prior to a requested effective date for a price adjustment. Such adjustments must be acceptable to both parties or the item(s) in question may be deleted from the Contract with respect to further orders, or the Contract may be canceled and new bids solicited

Lubbock Power & Light is aware of the time and effort you expend in preparing and submitting bids to Lubbock Power & Light. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for Lubbock Power & Light’s business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the Lubbock Power & Light Buyer (806) 775-2546.

II. TERMS AND CONDITIONS

**** PLEASE READ CAREFULLY ****

These Terms & Conditions apply to all bids and become a part of the terms and conditions of any bid submitted and any Purchase Order submitted hereunder. LP&L shall mean Lubbock Power & Light. As used herein, Seller and Bidder shall mean one and the same person or entity.

1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller’s name and address, (b) Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. LP&L’s count or weight shall be final and conclusive on shipments not accompanied by packing lists.

2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods.

3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to LP&L until LP&L actually receives and takes possession of the goods at the point or points of delivery.

4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify LP&L of his intention to cure and may then make a conforming tender within the contract time but not afterward.

5. INVOICES & PAYMENTS. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Lubbock Power & Light, Accounts Payable, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery.

6. GRATUITIES. LP&L may, by written notice to the Seller, cancel this contract without liability if it is determined by LP&L that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of Lubbock Power & Light with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event Seller gives or offers gratuities, as set forth, Seller shall be in breach of this contract, and, LP&L shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities.

7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the LP&L and to the extent feasible shall be identified by the Seller as such.

8. WARRANTY-PRICE.

a. The price to be paid by LP&L shall be that contained in Seller’s bid which Seller warrants to be no higher than Seller’s current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative, LP&L may cancel this contract without liability.

b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty, LP&L shall have the right, in addition to any other right, of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

9. WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall be void and of no effect, and shall further render this contract voidable at the option of the LP&L. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contract, the Seller represents and warrants fault-free performance and fault-free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. Lubbock Power & Light, at its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller, its sub-Seller or any third party involved in the creation or development of the products and services to be delivered to Lubbock Power & Light under this Contract. Failure to comply with any of the obligations contained herein, may result in Lubbock Power & Light availing itself of any of its rights under the law and under this Contract including, but not limited to, it’s right pertaining to termination or default. The warranties contained herein are in addition to, and separate and discrete from, any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller’s liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference.

10. SAFETY WARRANTY. Seller warrants that the products sold to LP&L shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, LP&L may return the product for correction or replacement at the Seller’s expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by LP&L will be at the Seller’s expense.

11. NO WARRANTY BY LP&L AGAINST INFRINGEMENTS. As part of this contract, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. LP&L makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall LP&L be liable to Seller in any way including, without limitation, for indemnity, in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify LP&L to this effect in writing within two weeks after the signing of this agreement. If LP&L does not receive notice and is subsequently held liable for the infringement or the like, Seller will indemnify and save LP&L harmless from and against any loss, damage or claim of any kind or type. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void.

12. RIGHT OF INSPECTION. LP&L shall have the right to inspect the goods at delivery before accepting them.

13. CANCELLATION. LP&L shall have the right to cancel for default all or any part of the undelivered portion of this contract if Seller breaches any of the terms hereof, including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which LP&L may have in law, equity, contract or otherwise.

14.