HomeMy WebLinkAboutResolution - 2022-R0107 - PO 10025016 with Child's Play, Inc. 2.22.22Resolution No. 2022-RO107
Item No. 7.25
February 22, 2022
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, Purchase Order 10025016, as per BuyBoard Contract 592-19,
for shelters and picnic tables for Aztlan Park, by and between the City of Lubbock and Child's
Play, Inc. of Dallas, Texas, and related documents. Said Purchase Order 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
ATTEST:
�2uog & A--�
Re -be a Garza, City Se ret ry
APPROVED AS TO CONTENT:
��
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
I IF
RES.PO 10025016-Child's Play, Inc.
2.14.22
February 22, 2022
DANIEL M. POPE, MAYOR
City *Lub_6o&
TEXAS
PURCHASE ORDER
TO: CHILD'S PLAY, INC.
10661 SHADY TRAIL
DALLAS TX 75220
Page -
Date -
Order Number
Branch/Plant
1
2/14/2022
10025016 000 OP
5223
SHIP TO: CITY OF LUBBOCK - CENTRAL
308 MUNICIPAL DRIVE
LUBBOCK TX 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 B
Marta Al ez, Director of Purchasing & Contract Management
Ordered 2/22/2022 Freight
Requested 6/22/2022 Taken By K MORGAN
Delivery PER M CHACON REQ 58473 BUYBOARD 592-19/PUR 16426
If you have any questions about this order, please contact Ronny Gallagher at 806-775-3664 or via entail at
RGallagher@ynylubbock.us
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Shelters & Picnic Tables 1.000 163,421.2200 EA 163,421.62 6/22/2022
Total Order
Terms NET 30
TNRT TR ANCR RROT TTRF11-
163,421.22
Commercial General Liability, per occurrence- $1,000,000
Automotive Liability- Combined Single limit for Any Auto -
General Aggregate.
$1,000,000
Products-Comp/Op AGG
Personal & Adv. Injury
Worker's Compensation Amounts- $500,000 or Employer's
Contractual Liability
Liability- $1,000,000.
Med Exp (Any one Person)
Copies of endorsements are required.
City of Lubbock is named as an additional insured on a primary and non-contributory basis with a waiver of subrogation in favor of the
City of Lubbock on liability coverages. To include products of completed operations endorsements. Waiver of subrogation provided on
the workers' compensation.
This purchase order encumbers funds in the amount of $163,421.22 awarded to Child's Play, Inc. of Dallas, TX, on
February 22nd , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated
February 02, 2022, from Child's Play, Inc. of Dallas, TX, and BuyBoard Contract 592-19.
Resolution # 2022-RO 107
CITY OF
Daniel M. Pope,
ATTEST:
Rebecca Marza, City Secretary
Rev. 9/2021
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCliTX
1 SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice
Each shipping container shall he 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 contruners, 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 surtably packed to secure lowest transportation costs and to conform with requirements of common
canners and any applicable specifications Buyer's count or weight shall be final and conclusive on shipments
not accompanied by packing lists
2 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under
reservation and no tender of a bill of lading will operate as a tender of goods
3 TITLE AND RISK OF LOSS The title and nsk of loss of the goods shall not pass to Buyer until Buyer
actually receives and takes possession of the goods at the point or points of delivery
4 NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply
with all provisions of this contract as to note of delivery, quality and the like If a tender is made which does
not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming
tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer
of his intention to cure and may then make a conforming lender within the contract time but not afterward
5 INVOICES & PAYMENTS a S e I 1 e r shall submit separate invoices in duplicate. one each purchase
order or purchase release after each delivery Invoices shall indicate the purchase order or purchase release
number and the supply agreement number if applicable Invoices shall be itemized and transportation charges,
hf any, shall be listed separately A copy of the bill of lading, and the freight waybill when applicable, should
be attached to the invoice Marl To Accounts Payable, City of Lubbock. P O Box 2000. Lubbock. Texas
79457 Payment shall not be due until the above uistmments are submitted after delivery
6. GRATUITIES The Buyer may, by written notice to the Seller, cancel this contract without liability to
Seller ifit is determined by Buyer that gratuities, in the form of entertanment, gifts or otherwise. were offered
or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or
amending, or the making of any determinations with respect to the performing of such a contract In the event
this contract is canceled by Buyer pursuant to this provtsion. Buyer shall be enhded, 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 staled on the face hereof includes the cost of any
special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order,
such special tooling equipment and any process sheets related thereto shall become the property of the Buyer
and to the extent feasible shall be identified by the Seller as such
8 WARRANTY -PRICE a The price to be paid by the Buyer shall be that contained in Seller's bad
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 samdar 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 pnces on orders by others. or in the alternative Buyer may cancel this contract without
liability to Seller for breach or Seller's actual expense It The Seller warrants that no person or selling agency
has been employed or retained to solicit or secure this contract upon an agreement or understanding for
commission, percentage. brokerage or contingent fee excepting bona fide employees of bona fide established
commercial or selling agencies maintained by the Seller for the purpose of securing business For breach of
vaciation of this warranty the Buyer shall have the right in addition to any other right of nghts 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 conunissnon, percentage, brokerage
or contingent fee
9 WARRANTY -PRODUCT Seller shall not limit or exclude any implied warranties and any attempt to do
so shall render this contract voidable at the option of the Buyer Seller warants 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. d any In the event of a conflict or between the specifications, drawings, and descnphons, the
specifications shall govern Notwithstanding any provisions contained in the contractual agreement, the Seller
represents and warrants fault -free performance and fault -free result in the processing date and date related data
(including, but not limited to calculating comparing and sequencing) of all hardware, software and firmware
products delivered and services provided under this Contract, individually or in combination, as the case may
be from the effective date of this Contract The obligations contained herein apply to products and services
provided by the Seller, its sub- Seller or any third parry involved in the creation or developmentof the products
and services to be delivered to the City of Lubbock under this Contract Failure to comply with any of the
obligations contaned herein, may result in the City of Lubbock availing itself of any of its rights tinder the
law and under this Contract including, but not limited to, its right pertaining to termination or default The
warranties contained herein are separate and discrete from any other warranties specified in this Contract,
and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability
which may be speerfted in this Contract, its appendices, its schedules, its annexes or any document incorporated
in this Contract by reference
10 SAFETY WARRANTY Seller warrants that the product sold to the Buyer shall conform to the standards
promulgated by the U S Department of Labor under the Occupational Safety and Health Act of 1970 In the
event the product does not conform to OSHA standards, Buyer may return the product for correction or
replacement at the Sellers expense In the event Seller fads to make the appropriate correction widhm a
reasonable time, correction made by Buyer will be at the Seller's expense
11 NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As part of this contract for sale Seller
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement
will give rise to the rightful claim of any third person by way of infringement of the lake Buyer makes no
warranty that the production of goods according to the specification will not gave nse to such a claim, and in no
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of
infringement of the like If Seller is of the opinion that an infringement or the like will result, he will notify the
Buyer to this effect in writing within two weeks after the signing ofthhs agreement If Buyer does not receive
notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless If
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in
infringement or the like, the contract shall be null and void
12 NON APPROPRIATION All funds for payment by the City under this contract are subject to the
availability of an annual appropriation for this purpose by the City In the event of nonappropnation of funds
by the City Council of the City of Lubbock for the goods or semces provided under the contract, the City will
terminate the contract, without termination charge or other liability, on the last day of the tun -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 mitten notice, but future to give
such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of
termination
13 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery before accepting
them
14 CANCELLATION Buyer shall have the nght to cancel for default all or any part of the undelivered
portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller
becomes insolvent or commits mis of bankruptcy Such right of cancellation is in addition to and not in
lieu of any other remedies which Buyer may have in law or equity
15 TERMINATION The performance of work under this order maybe terminated in whole, or in part by the
Buyer in accordance with this provision Termination of work hereunder shall be effected by the delivery
of the Seller of a "Notice of Termination' specifying the extent to which performance of work under the
order is terminated and the date upon which such termination becomes effective Such right or termination is
in addhhon to and not in lieu of the nghts of Buyer set forth in Clause 14, herein
16 FORCE MAJEURE Neither parry shall be held responsible for losses, resulting if the fulfillment
of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the
party whose performance is interfered with, and which by the exercise of reasonable diligence said party is
unable to prevent
17 ASSIGNMENT-DELEGATTON No right or interest in this contract shall be assigned or delegation of
any obligation made by Seller without the written permission of the Buyer Any attempted assignment or
delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in confanautywith
this paragraph
18 WAIVER No claim or fight arising out of a breach of this contract can be discharged in whole or in part
by a waiver or renunciation of the clarm or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the aggneved party
19 INTERPRETATION -PAROLE EVIDENCE This venting, plus my specifications for bids and
performance provided by Buyer in its advemsement for bids, and any other documents provided by
Seller as part of his bid, is intended by the pares as a final expression of their agreement and intended also
as a complete and exclusive statement of the terms of their agreement Whenever a term defined by the
Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control
20 APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code Whemever
the term '-Uniform Commercial Code" is used, it shall be constmed as meaning the Uniform Commercial
Code as adopted in the State of Texas as effective and in force on the date of this agreement
21 RIGHT TO ASSURANCE Whenever one party to this contract in good faith has reason to question
the other party's intent to perform he may demand that the other party give written assurance of his intent to
perform In the event that a demand is made and no assurance is given within five (5) days, the demanding
party may treat this failure as an anticipatory repudiation of the contract
22 INDEMNIFICATION Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and
employees. against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, toss
and expenses, which may in anywise areme against the Buyer in consequence of the granting of this Contract
or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was
caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its
employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys
and all toss and other expenses ansing therefrom of incurred in connection therewith, and if anyjudgment
shall be rendered against the Buyer in any such acnon, the Seller shall, at its own expenses, satisfy and
discharge the same Seller expressly understands and agrees that any bond required by this contract, or
otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the Buyer as herein provided
23 TIME It is hereby expressly agreed and understood that time is of the essence for the performance of
this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to
be in default of this agreement
24 MBE The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
pursuant to this request, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race, color,
sex or natural origin in consideration for an award
25 NON -ARBITRATION The City reserves the nght to exercise any Fight or remedy to it by law, contract,
equity, or otherwise, includhng without limitation. the right to seek any and all forms of relief in a court of
competent jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising
its unresincted Fight to seek judicial remedy The remedies set forth herein are cumulative and not exclusive,
and maybe exercised concurrently To the extent of any conflict between this provision and another provision
in, or related to, this document, this provision shall control
26 RIGHT TO AUDIT At any time dunng the term of the contract, or thereafter, the City, or a duly
authorized audit representative of the City or the State of Texas at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to the City under
this Contract In the event such an audit by the City reveals any errors or overpayments by the City.
Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such
audit findings or die City, at its option, reserves the right to deduct such amounts owing the City from any
payments due Contractor
27 ASSIGNING OR SUBLETTING THE CONTRACT The Contractor shall not assign or sublet the contract,
or any portion of the contract, without written consent front the Director of Purchasing and Contract
Management Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on
insurance from the Subcontractor that complies with all contract Insurance requirements
29 HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th
Legislature, created §2252 908, Texas Government Code Section 2252 908 requires a business entity entering
into certain contracts with a governmental entity or state agency to file with the governmental entity or state
agency a disclosure of interested parties at the time the business entity submits the signed contract to die
governmental entity or state agency Instructions for completing Form 1295 are available at
tine ll www- a.ubocb.lx. usrdeoan mental-wehsiteudegaciroetislaurshasina.'vendor-mformatton
30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the descriptive material
contained herein and any addmonal associated documents and Amendments The City disclaims any terms and
conditions provided by the Contractor unless agreed upon in writing by the parties In the event of conflict
between these terms and conditions and any terms and conditions provided by the Contractor, the terms and
conditions provided herein shall prevail The terms and condihons provided herein are the final terms agreed
upon by the patties, and any prior conflicting terns shall be of no force or effect
31 TEXAS GOVERNMENT CODE, CHAPTER 2252 The undersigned representative of the undersigned
company or business, being an adult over the age of eighteen (I8) years of age, pursuant to Texas Government
Code, Chapter 2252, Section 2252 152, certify that the company named above is not listed on the websile of
the Comptroller of the State of Texas concerning the listing of companies that are identified under Section
906 05 1. Section 807051 or Section 2253 153 I further certify that should the above -named company enter
into a contract that s on said listing of compantes on the websue of the Comptroller of the StateofTexm, which
do busmess with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of
Lubbock Purchasing and Contract Department
32 TEXAS GOVERNMENT CODE, CHAPTER 2270 This section applies only to a contract that (1) is
between a governmental entity and a company with 10 or more full-time employees, and (2) has a value of
$100,000 or more that is to be pard wholly or partly from public fonds of the governmental entity (b) A
governmental entity may not enter into a contract with a company for goods or services unless the contract
contains a written verification from the company that it (1) does not boycott Israel, and (2) will not boycott
Israel during the tern of the contract
33 TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J. Chapter 552, Govemment
Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter To the
extent Subchapter J. Chapter 552, Government Code applies to this agreement, Pursuant to Section 552 301(c)
of the Texas Government Code, the City of Lubbock has designated the following emal address for which
public information requests may be made by an emaled request Please send this request to this email address
for it to be processed i�vPmvluhkxx k iu
REV 9.2021
10661 Shady Trail Dallas, TX 75220
C h o l d' play, rnc.
Date:
21Y/22
Parks & Playgrounds
Expires
314122
Delivery:
246 weeks
Customer: City of Lubbock, TX Parks Department
Consultant:
Tom Sawyers
Attn: Colby Vangundy (806) 775-2673
Mobile:
(972) 569 7258
Re: Aztlan Park Shelters & Picnic Tables
Office:
(972) 484-0600
Bill to: 1314 Avenue K Lubbock TX 79401
tom0ch4ldsplaylnc.net
Site: Aztlan Park Lubbock TX 79401
BuyBoard Vendor ID 1501
Ship to: Child's Play, Inc.10661 Shady Trail Dallas TX 75220
BuyBoard Contract # 59249
REM
CITY
DESCRIPTION
EACH
SUBTOTAL
TOTAL
Price assumes permit & drainage be provided by "other' at no cost to Child's Play, Inc.
Aztlan Park Shelters & Picnic Tables
10X12X8 7 10' X 12' Americana Illini Shelterw/ T entry height
$10,769.23
$75,384.62
BBDISC 1 Buyboard discount on shelters
-$3,769.23
SHIP 1 Freight for shelters
$4,950.00
ENG 1 Engineer -sealed drawings
$800.00
PERMIT 1 Permit(s), if necessary, to be provided by "other" at no cost to Child's Play, Inc.
DEMO 7 Removal and haul off of exisfing shelters and concrete pads for shelter to be provided by "other" at no
cost to Child's Play, Inc.
INSTALL 7 Installation includes: 1 mobilization for turnkey installation of structure(s) listed above
$4,971.44
$34.800.09
Installation excludes: cranes, drill rigs, rock drilling, permits, sonotube, hand digging, spread
footings, and repairs to unmarked underground utilities
CONCRETE 1568 New concrete slabs for the new shelters. Slab to be 2' wider and longer than the shelter perimeter
$15.00
$23,520.00
on all 4 sides. Price excludes site work around the new pads such as additional soil, sod, or
landscape and irrigation improvements.
MTB-0210-00027 7 Maglin table MLPT210S-RC 210 Cluster table w/ HOPE wood grain tops & attached, backless
$3,735.00
$26.145.00
benches. HOPE table tops and benches to be "Cedar" in color and frames to be "Gunmetal" unles
otherwise specified
BBDISC 1 Buyboard discount on picnic tables
-$1,307.25
SHIP 1 Freight for Maglin items to Lubbock parks department
$2,898.00
INSTALL 1 Installation of tables to be provided by "other" at no cost to Child's Play, Inc.
TAX 0.0825 Sales tax (please add sales tax or provide an exemption certificate)
Total for: Aztlan Park Shelters & Picnic Tables
$163,421.22
MTB-0210-00027
Legacy #MLPT710-S-RC
Page 5019
Tom Sawyers
Prepared By:
Approved by (print/sign/date):
Child's Play Inc. warrants the labor for replacement parts for the duration of the factory warranty of BCI Burke components
In the event rock is encountered, additional charges may be assessed.
It is the responsibility of the owner to obtain permits (unless specified above).
It is the responsibility of the owner to locate all underground utility lines. At the owner's requests, Child's Play. Inc. will assist with this by requesting a line locate.
Child's Play Inc. will make every reasonable effort to respect marked utility lines, & will repair damage caused to marked utilities by Child's Play, Inc.
Child's Play, Inc. will not be responsible for damage to unmarked utilities.
Prices are guaranteed for 30 days from dale listed on quote.
P.9. 8.19
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2022-850773
Child's Play, Inc.
Dallas, TX United States
Date Filed:
02/15/2022
2 Name of governmental entityor state agency that is a party tot the contract for w is the form is
being filed.
City of Lubbock
Date Acknowledged:
02/15/2022
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
PO 10025016
Shelter & Picnic Tables
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
T
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by i exas ttnics commission www.ethics.state.tx.us Version V1.1.191b5cdc
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos. 1- 4 and 6 If there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2022-850773
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Child's Play, Inc.
Dallas, TX United States
Date Filed:
02/15/2022
2
Name of governmental entity or state agency that is a party tot the contract for which the orm is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
PO 10025016
Shelter & Picnic Tables
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is /V -.and my date of birth is
My address is 10WalAX W,
(stree (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in x County, State of 7on the day of 20
(month) (year)
�i
Signature uthorized agent of contracting business entity
(Declarant)
UI1110 t,IUVIUCU Uy , OAQJ E-uiwa %_.J111J1ias1urt www.etnics.state.tx.us Version V1.1.191b5cdc