HomeMy WebLinkAboutResolution - 2018-R0402 - PO With The Play Well Group - 11/15/2018Resolution No. 2018-RO402
Item No. 6.8
November 15, 2018
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 No. 90500049 for the purchase of Park
Equipment as per Buy Board Contract No. 512-16, by and between the City of Lubbock and The
PlayWell Group, 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 November 15, 2018
DANIEL M. POPE, MAYOR
ATTEST:
-Q K
Rebe ca Garza, City Sec et
APPROVED AS TO CONTEN
Scott Snider, Assistant City Manager
APPROVED AS TO FORM:
'-O�
R B oke, Ass stant City Attorney
ccdocs/RES.-PurchaseOrd. 90500049 Park Equipment
October 22, 2018
�V City of
Lubbock
?EXA;
TO:
PURCHASE ORDER
THE PLAYWELL GROUP INC
4743 IBERIA AVE STE C
DALLAS TX 75207
SHIP TO:
Page -
Date -
Order Number
CITY OF LUBBOCK
916 TEXAS AVE
LUBBOCK TX 79401
1
10/19/2018
90500049 000 OP
630
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta A v z, hector of Purchasing & Contract Management
Ordered 10/19/2018 Freight
Requested 11/2/2018 Taken By J MONTES
Delivery A STAINFIELD REQ 52888 BUY BOARD 512-16
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Gable Shelter Trail Series 19.000 4,363.6600 EA 82,909.54 11/2/2018
TSG8Y-P4-STP
Sealed Engineered Drawings 1.000
Shipping & Handling - Shelters 1.000
Large Double Grate Grill 15.000
P-1000/S B7
Shipping & Handling - Grills 1.000
Dewart 6' Bench w/ Back 28.000
DE- II13C
Shipping & Handling - Benches 1.000
Terms NET 30
316.6600 EA
4,340.2900 EA
483.5500 EA
1,988.3000 EA
964.2500 EA
316.66 11/2/2018
4,340.29 11/2/2018
7,253.25 11/2/2018
1,988.30 11/2/2018
26,999.00 11/2/2018
4,110.1000 EA 4,110.10 11/2/2018
Total Order
127,917,14
This purchase order encumbers funds in the amount of $127,917.14 awarded to The P1ayWell Group
Inc of Dallas, TX on November 15, 2018. The following is incorporated into and made part of this
purchase order by reference: Buy Board Contract 512-16 from The PlayWell Group Inc of Dallas, TX.
Resolution # 2018-RO402
City of Lubbock
Daniel M. Pope, Mayor
ATTEST:
R ecca Garza, City Se ttyy
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT. READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCI,, T\
1. SELLER TO PACKAGE GOODS. Seller gill 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 purcbase order or purchase release number and the supply agreement number
if applicable. (c) Container number and total number of containers. e.g. box I of q 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 with requirements of common
carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments
not accompanied by packing lists.
2. SHIPV(ENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under
reservation and no tender of a bill o f ladine 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 Buyer until Buyer
actually receives and takes possession of the goods at the point or points of delivery.
q. 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 Sella shall not have the right to substitute a conforming tender.
provided. where the time for performance has not yet expired. the Sella may reasonably notify Buyer of his
intention to cure and may then make a conforming tender within the contract time but not aftern ard.
5. IN'V'OICES & PAYMENTS. a. S e t 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.
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. Accounts Payable. City of Lubbock. P O Box 2000. Lubbock. Texas
p9457 Payment shall not be due until the above instruments are submitted after deh, cry.
6. GRATUITIES, The Buyer may. by written notice to the Sella. cancel this contract without liability to
Scher if it is determined by Buyer that gratuities. to the form of entertainment- gifts or otherwise. wereoffered
or given by the Seller, or am agent or representative of the Seller, to an•: officer or employee of the City of
Lubbock With a view to securing a contract or securing a%orable treatment with respect to the awarding or
amending, or the making of any determinations w ith respect to the performing of such a contract. In the event
this contract is canceled by Buyer pursuant to this pro%ision. Buyer shall be entitled, in addition to any other
rights and remedies- to reco%eror withhold the amount of the cost incurred b% Seller to pom idmg such gratuitics-
7 SPECIAL TOOLS 3 TEST EQUIPMENT If the price stated on the face hereof includes the cost of an%
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. W kRRANTY-PRICE. a. The price to be paid by the Buyer shall be that contained in Sellers bid
ww hich Sella warrants to be no higher than Sellers current process on orders b% others for products of the kind
and specification covered b% this agreement for similar quantities under similar of like conditions and methods
of purchase. In the event Seller breaches this warranty. the prices ofthe items shall be reduced to the
Seller's current prices on orders by other. or in the alt ntarne Buyer ma_. cancel this contract without
liability to Seller For breach or Seller's actual expense b. The Sella warrants that no person or selline 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
viciation of this warranty the Buyer 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 net limit or exclude any implied waranties and any attempt to do
so shall render this contract voidable at the option pf the Buyer Seller warrants that the goods furnished will
conformto the specification, drawings. and descriptions listed in the bid invitation, and to the samples) Furnished
by the Seller, if an). In the e%ent of a conflict or between tlne specifications, dra%ings, and descriptions, the
specifications shall govern. Notwithstandine 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 softwware and firmware
products delivered and services provided under this Contract, indn iduall% or in combination.. as the case m.ry
be from the effective date of this Contract. The obligations contained herein apply to products and saxices
provided by the Seller. its sub- Sella or any third party inxol%ed in the creation or development of the products
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the
obligations contained herein. may result in the Cit: of Lubbock availing itself of any of its rights under the
law and under this Contract including. but net 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 %, arranty. implied or expressed. or limitation of the Seller's liability
which maybe 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 product sold to the Buser shall conform to thestandards
promulgated by the U S. Department of Labor under the Occupational Safety and Health Act of 1970. In the
event the product does act conform to OSILA standards. Buyer 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 Buyer will be at the Sella's expense.
11. NO WARRANTY" BY BUYER AGAINST rNFRIN'GEMEN'TS. 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 like. Buyer makes no
warranty that the production of goods according to the specification will not ei%e rise to such a claim. and in no
event shall Buyer be liable to Sella 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 ofthis 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 tie
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of Funds
by the City Council of the Citv of Lubbock for the goods or services provided under the contract. the City will
terminate the contract, without termination charge or other bability, 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 cov and 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 prier written notice, but failure to give
ran r. .y 0�'1„, r;,. ,itr t-,: ';. $ ..,..r �a.�;i.I �-,I• �ip. .;, i,r
13. RJUHI OF iN'SPLC'I IUX. Buyer shall have the right to inspect the goods at ditli%erq before accepting
them.
14, CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undeli%ered
portion of this order if Sella breaches any of the rams hereof including %warranties of Sella or if the Seller
hecomes incnlrent or commits acts of fi-knmtcv Such right of cancellation is in addition to and —t in
lieu of any other remedies which Buyer may have in law or equity
13. TERMINATION. The performance of work under this order may be terminated in whole, or in pan by the
Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery
of the Sella 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 addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein.
16. FORCE iM.AJEL'RE. Neither party 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.
1%. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of
any oblieation made by Sella 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 conformity with
this paragraph_
I S. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in pan
by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the ❑ggrie%ed party.
19. INTERPRETATION -PAROLE EVIDENCE. This writing. plus am. specifications for bids and
performance provided by Buyer in its ad%eniseritent for bids. and any other documents provided by
Sella as part of his bid, is intended by the parties as a final expression, of their agreement and intended also
as a complete and exclusive statement of the terms cf their agreement Whenever a term defined by the
Uniform Commercial Code is used it.. this agreement. the definition contained in the Code is to control.
20, APPLICABLE LAW This agreement shall be governed b% the Cnifor n Commercial Code Whereever
the term "Uniform Commercial Code" is used, it shall be construed as mamim_ 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 ASS[ RANCF Whenerter one parry to this contract in enod frith has reason to question
the other parry's intent to perform he ma.. demand !hat the other part:. gi•. a wit -n assurance of his intern to
perform. In the went that a demand is made and no assurance is aiven within five (i) days. the demandina
party may treat this failure as an anticipator repudiation of the contract.
_2. iNDEM.NIFIC'ATION Seller shall indenmik. keep and sa%e harmless the Buyer, its agents, officials and
employees, against all injuries. deaths. loss. damages, claims, patent claims. suits. liabilities, judgments, costs
and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract
or which may anywise result therefrom. whether or not it shall be afleged 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 shalh at his o%%n expense, appear. defend and pay all charges of attomeys
and all costs and other expenses arising therefrom of incurred in connection therewith. and. if anyjudgment
shall be rendered against the Buyer in any such action. the Seller shall. at its own expenses. satkfv and
discharge the sane 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 indemnir,, keep and save harmless
and defend the Buycr as herein pro•%iclod
.
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 %rill cause Seller to
be in default of this agreement.
24, NBE. The City of Lubbock hereb% 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 reser%es the right In exercise anvright or remedy to it b% law, contract.
equity. or otherwise, including without limitation, the right to seek any and all farms of relief in a court of
competent jurisdiction Further, the City shall not be subject to anyarbitration process prior to exercising
its unrestricted right to seekjudicial remedy The remedies set forth herein are cumulative and not exclusive.
and may be exercised concurrently. To the extent of am conflict between this provision and another provision
in. or related to. this documcm. this Fro%ision shall control.
26. RIGHT TO AUDIT. At any tune during 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,
resin es the right to audit Contractor's records and books relevant to all s -r ices provided to the City under
this Contract. In the event such an audit by the City reveals any errors or overpaymerts by the City.
Contractor shall refund the City the full .unount of such overpayments within thirty (30) days of such
audit Findings, or the City. at its option. reserves the right to deduct such amounts owing the City from any
payments due Contractor,
7. HOUSE BILL 2015. House Bill _015. signed by the Governor on June 14, _013 and effective an January
I, 2014, authorizes a penalty to be imposed on a person who contracts for certain sa, ices with a governmental
entity and who fails to property classify their workers This applies to subcontractors as well. Contractors and
subcoutrattors who fail to properly classify individuals performing work under a eovemmental contract %will be
penalized $200 for each individual that has been misdassified. (Texas Government Code Section 2155,001)
28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract.
or any portion of the contract, without written consent from the Director of Purchasing and Contract
Nlanagement. 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 I2". adopted by the 84th
Legislature, created §7_252.908. Texas Government Code. Section'_'_52.908 requires a business entity enuring
into certain contracts with a governmental entity or state agency to file with the goveramental entity or state
agency a disclosure of interested parties at the time the business entity submits the sinned contract to the
governmental entity or state agency. Instructions for completing Form 1295 are available at:
hn"; wxvwxi.lubbocktx us departmental-websites departments urchaginy etndor-snjkt_ a i p
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 additional 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 conditions provided herein are the final terms agreed
upon by the parties, and any prior conflicting terms shall be of no force or effect.
31 By accenCme this purchase order. the 1'endor yeti Fit; that it dnrs not B�wrnt! hrarl. and agrees that durinv
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
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.
2018A21293
The PlayWell Group, Inc.
Dallas, TX United States
Date Filed:
11101/2018
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
The PlayWell Group
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.
512-16
Playground equipment, site amenities, athletic equipment, and installation
4
Name of Interested Party
City, State, Country (place of business)
Nature of Interest
(check applicable)
Controlling
Intermediary
The PlayWell Group, Inc.
I
Dallas, TX United States
X
5
Check only If there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is and my date of birth Is
My address is
(street) (city) (state) (zip code) (country)
I 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)
I-oinis piovIcLd by I en:--- ,� Ethics Co mmissiol-i Veision V:1.0.6711
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
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.
2018-421293
The PlayWell Group, Inc.
Dallas, TX United States
Date Filed:
11/01/2018
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
The PlayWell Group
Date Acknowledged:
11/01/2018
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.
512-16
Playground equipment, site amenities, athletic equipment, and installation
4
Name of Interested Pa
Party
City, State, Count lace of business
y, Country (p )
Nature of interest
(check applicable)
Controlling
Intermediary
The PlayWell Group, Inc.
Dallas, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I 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
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711