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Home My WebLink AboutResolution - 2023-R0158 - Five Purchase Orders for Playground Replacements at various parks 3.21.23Resolution No. 2023-R0158 Item No. 6.15 March 21, 2023 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, five (5) Purchase Orders, as per BuyBoard Contract #679-22, for playground replacement at Mahon Park, Crow Park, Higinbotham Park, Davis Park, and Cooke Park, by and between the City of Lubbock and WeBuildFun, Inc., of Allen, Texas, and all related documents. Said Purchase Orders are 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 March 21, 2023 ATTEST: Courtney Paz, Interim t6Sec ary APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: Ryan , 'ooke, Senior Assistant City Attorney RESTOs for 5 playgrounds-WeBuilffun, Inc. 3.10.23 City of PURCHASE ORDER - Lubbock W TEXAS WEBUILDFUN, INC TO: PO BOX 29 ALLEN TX 75013 SHIP TO Page - 1 Date - 3/9/2023 Order Number 10026240 000 OP Branch/Plant 5223 CITY OF LUBBOCK - CENTRAL 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY:_Wf Marta Director of Purchasing & Contract Management Ordered 3/9/2023 Freight Requested 10/1/2023 Taken By Delivery PER K ROBINSON REQ 59952 SBALLANCE PUR 17209/ BUYBOARD CONTRACT #679-22 If you have any questions, please contact Kalee Robinson: KRobinson@mylubbock.us or 806-775-2672 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Miracle Playground Equipment 1.000 83,333.0000 EA 83,333.00 10/1/2023 Per Design 04_44967371780 Shipping Of Miracle Equipment Buyboard Discount Installation of Miracle Equipment Equipment Bonded Rubber Surfacing With Sub -base and Installation Terms NET DUE ON RECEIPT 1.000 3,725.5700 EA 3,725.57 10/1/2023 1.000 (12,499.9500) EA (12,499.95) 10/l/2023 1.000 33,333.2000 EA 33,333.20 10/1/2023 4,600.000 21.2000 EA 97,520.00 10:1/2023 Total Order 205,411.82 This purchase order encumbers funds in the amount of $205,411.82 awarded to WeBuildFun, Inc. of Allen, TX, on March 21 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated March 9, 2023, from WeBuildFun, Inc. of Allen, TX, and BuyBoard Contract #679-22. Resolution # 2023-RO158 CITY OF . Tray Fayne, M or EST: Courtney Paz, InterW btyWecretary City of PURCHASE ORDER q?Lubbock TEXAS WEBUILDFUN, INC TO: PO BOX 29 ALLEN TX 75013 Page - 2 Date - 3/9/2023 Order Number 10026240 000 OP Branch/Plant 5223 CITY OF LUBBOCK - CENTRAL SHIP TO: 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 4BY:Y Marta , Director of Purchasing & Contract Management Ordered 3/9/2023 Freight Requested 10/ 1 /2023 Taken By Delivery PER K ROBINSON REQ 59952 INSURANCE REQUIRED: SBALLANCE PUR 17209/ BUYBOARD CONTRACT #679-22 Commercial General Liability: $1,000,000 occurrence ! $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Workers Compensation and EmDlover Liability: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1M) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: N/A Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automotive Liability: Combined Single limit for Any Auto - $1,000,000 *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. Rev. 3/2022 Seller and Buyer agree as follows: ACCEPTANCE OF THIS PURCHASE ORDER PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS Ligw w v a and anv additional associated documents and Amendments. The City disclaims anv terms and conditions provided by the Contractor unless agreed upon in writing by the narties. In the event of conflict between the City's terms and conditions and any terms and conditions provided by the Contractor. the terns and conditions orovided 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. 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) Sellers 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 I 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 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. 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 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 time ofdelivery, 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 true and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e I I 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 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer 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 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 provision, Buyer 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 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 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. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. 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 ofsecuring business. For breach of vitiation 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 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 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 govem. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free perfonmanceand 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 party involved 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 City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default The warranties contained herein we 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 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 Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will beat the Sellers 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 thud person by way of infringement of the like. Buyer 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 Buyer be liable to Seller for indemnification in the event that Seller issued on the grounds of infringement of the like If Seller its 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 of thts 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 ofan annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City 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 fast. If at any time funds are not appropriated for the continuance of thts 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 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 right to cancel for default all or any pan 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 acts of bankruptcy Such right ofcancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity 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 addition to and not in Eieu of the rights of Buyer set forth in Clause 14, herein. 16 FORCE MAJEURE. 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. 17. ASSIGNMENT -DELEGATION. 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 confarmitywith this paragraph. 18. 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 aggrieved party 19. INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller 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 of then agreement Whenever a tern 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. Wherever the term "Uniform Commercial Code' is used, it shall be construed 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, 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 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 costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer'm any such action, the Seller shall, at as 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 lima 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 right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all fortis of relief in a court of compelent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent ofanyconflict between this provision and another provision in, or related to, this documera. this provision shall control. 26. RIGHT TO AUDIT. At any time 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, 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 ofsuch 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. 27. 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 Management. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Goverment Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. 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 the governmental entity or state agency. Instructions for completing Form 1295 are available at. hun, www ci.lubbock.tx u,, deparimemal- w hype• dr:+.aimcntdnurchas— vendor-mfornution 30. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycom Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31 No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response 32 No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (it) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33 Contracts with Companies Engaged in Business with Iraq Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iraq Sudan or a foreign terrorist organization 34 TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Goverment 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. 35 Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed requite orW_mrlubhnck.m. Please send this request to this email address for it to be processed 15 TERMINATION The performance of work under this order may be terminated in whole, or in part by the Buyer REV. 3/2022 W e Bu k ` T o� do exclusive North and Recreation Dealer PO Box 29 1 Allen, TX 75013 for NoRh and fentral Texas CUSTOMER•• • Customer: City of Lubbock, Parks and Recreation Contact: Riley Price Contact Info: 806-775-2665 Race®mail c,lubbock taus Project Name: Mahon Park Playground Site Address: 29th Street, Lubbock, TX 79407 End User: Ship To: Parks Warehouse (TBD) • Option 2 1 Kim Mettenbrink (512) 636-0933 Buy Board Contract #679-22 r Quote Date Valid Until L L 3/9/2023 4/8/2023 Est. Delivery: Est. Install Custom July - Nov. DESCRIPTIONQTY EACH TOTAL MIRACLE Miracle playground equipment per design 04_44967371780 1 $83,333.00 $83,333.00 FREIGHT DISCOUNT INSTALL Surfacing Make Payable to: Payment Terms Shipping of Miracle Equipment Buy Board Discount Installation of Miracle equipment listed above Bonded Rubber Surfacing with Sub -base and Installation 1 $3,725.57 $3,725.57 1-$12,499.95 -$12,499.95 1 $33,333.20 $33,333.20 4600 $21.20 $97,520.00 TOTAL $205,411.82 Prices reflected on quote assumes all site work to be done by others unless noted above. -All drainage within the playground border and away from the play area to be done by 'other' unless noted above. * Price assumes border by 'other' unless noted above- * No site restoration is included unless noted above. *Additionally. no bond or special insurance coverages are included unless noted above. Pricing may not be guaranteed beyond 30 days. We are attempting to hold pricing when possible, but due to material and labor costs, price increases have unfortunately become unavoidable. We value our customers and appreciate your understanding during these unprecedented times. All finalized contracts and/or purchase orders must be accompanied by a valid quote within 30 days of issue. Please request a requote when beyond the 30 days. Approval Signature Date PO Number Send completed quote and purchase order to: k/mm®webuildfun.com PLEASE RETURN ALL PAGES OF THIS QUOTE UPON ORDERING Price assumes all site work, drainage away from play area & border to be provided by 'other' at no cost to webuildfun unless specified otherwise in the quote above. This includes site prep. grade work, drainage, construction fencing, concrete borders and site restoration. All additional services can be quoted upon request. webuildfun, inc. warrants the labor for replacement parts for 1 year. if webuildfun, inc provided the original installation. In the event rock is encountered, additional charges may be assessed. tt is the responsibility of the owner to obtain permit(s) unless specified above. k is the responsibility of the owner to locate all underground utility lines. webuildfun, Inc will assist with this by requesting a line locate from Dig Tess, at the owners request. webuildfun, Inc will make every reasonable effort to respect all marked utility lines, and will repair damage(s) caused by webuildfun, Inc to marked utilities. webuildfun, Inc will not be responsible for damage to unma6ced uollities. Prices are guaranteed for 30 days from the date listed on quote. PO BOX 29. AI_LEN. TX 75013 Page 1 of 2 r uu t 1yiL) 727-06.53 1 FAX (972) 396-4994 L on exclusive Mirocle Recreation Dealer vie09t PO Box 29 1 Allen, TX 75013 for North and central Texas Opt1 �0n 2 Customer: City of Lubbock, Parks and Recreation Contact: Riley Price Contact Info: 806-775-2665 �o ceL_ W! SJiSlSL �lCd 4V l.14 R f4244.I S y Project Name: Mahon Park Playground Site Address: 29th Street, Lubbock, TX 79407 End User: Ship To: Parks Warehouse (TBD) - .. . . .f1I .r 1�1GTJRT • u . • . Project Name: Mahon Park Playground Est Project Start Date: Bond Required Est Project Completion Date: Contract Required Addt'I Details: PROJECT DETAILS Company Company Street Address Street Address City, State, Zip City, State, Zip Contact Contact Phone # �� Phone # Email: Email: • f Kim Mettenbrink (512) 636-0933 Buy Board Contract #679-22 Quote Date Valid Until 3/9/2023 4/8/2023 Delivery: Est. Delivery: Est. Install Est. Install Custom July - Nov. Proiect Total $205,411.82 Purchase Order # Initial here to approve colors shown above PLEASE RETURN ALL PAGES OF THIS QUOTE UPON ORDERING PO BOX 29. ALLEN, TX 75013 Page 2 of 2 PHONE (972) 727-0653 1 FAX (972) 396-4994 City of PURCHASE ORDER �� Lubbo& TEXAS WEBUILDFUN, INC TO: PO BOX 29 ALLEN TX 75013 Page - 1 Date - 3/9/2023 Order Number 10026242 000 OP Branch/Plant 5223 CITY OF LUBBOCK - CENTRAL 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta ANWm Director of Purchasing & Contract Management Ordered 3/9/2023 Freight Requested 10/1/2023 Taken By Delivery PER K ROBINSON REQ 59953 SBALLANCE PUR 17209/ BUYBOARD CONTRACT #679-22 Crow Park Playground Ifyou have any questions, please contact Kalee Robinson: KRobinson@mylubbock.us or 806-775-2672 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Miracle Playground Equipment 1.000 107,673.3000 EA 107,673.30 10/1/2023 Design 61_44909626333 Shipping Of Miracle Equipment 1.000 4,935.1000 EA 4,935.10 10/1/2023 Buyboard Discount 1.000 (16,150.9900) EA (16,150.99) 10/1/2023 Installation of All Equipment 1.000 37,685.6500 EA 37,685.65 10/1/2023 Listed Above Bonded Rubber Surfacing With 2,900.000 21.2000 EA 61,480.00 10/1/2023 Sub -base And Installation Total Order Terms NET DUE ON RECEIPT 195,623.06 This purchase order encumbers funds in the amount of $195,623.06 awarded to WeBuildFun Inc. of Allen, TX, on March 21 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated March 9, 2023, from WeBuildFun Inc. of Allen, TX, and BuyBoard Contract #679-22. Resolution # 2023-RO158 CITY OFJ=K: Tray Payne, Z:&( Courtney Paz, IntGUh City Secretary Lubbock PURCHASE ORDER W TEXAS WEBUILDFUN, INC TO: PO BOX 29 ALLEN TX 75013 Page - 2 Date - 3/9/2023 Order Number 10026242 000 OP Branch/Plant 5223 CITY OF LUBBOCK - CENTRAL SHIP TO: 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 4BY:Y Marta aret, Director of Purchasing & Contract Management Ordered 3/9/2023 Freight Requested 10/1/2023 Taken By Delivery PER K ROBINSON REQ 59953 INSURANCE REQUIRED: [• : • 1l•,12[410 PUR 17209/ BUYBOARD CONTRACT #679-22 Commercial General Liability: $1,000,000 occurrence: $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Workers Compensation and EmDlover Liabilitv: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1M) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: N/A Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automotive Liability: Combined Single limit for Any Auto - $1,000,000 *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES by �nplving any Goods or Services that the Contractor has read filly 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 orovided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between the City's 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 anon by the parties. and any nrior conflicting terms shall be of no force or effect. 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 I 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 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 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 time ofdelivery, quality and the like. If a lender 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 tender within the contract time but not afterward. 5 INVOICES & PAYMENTS a. S e I I 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 79457. Payment shall not be due until the above instruments are submitted after delivery 6. GRATUITIES The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the forth 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 the City of Lubbock with a view to secunng 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 provision. Buyer 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 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 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. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. 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 purposeof securing business. For breach of vitiation 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 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 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 contractual agreement, the Seller represents and warrants fault -free performance aid fauh-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 party involved 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 City of Lubbock availing itself of any of its rights under 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 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 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 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 Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan 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 byway of infringement of the like Buyer 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 Buyer be liable to Seller for indemnification in the event that Seller issued 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 of this 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 nonappropriatron of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City 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 thrty (30) days prior written notice, but failure 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 right to cancel for default all or any pan 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 commas acts of bankruptcy. Such right ofcancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity 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 addition to and not in lieu of flee rights of Buyer set forth in Clause 14, herein. 16. FORCE MMEURE. 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. 17. ASSIGNMENT -DELEGATION. 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 conformity with this paragraph 18. WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in par 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 aggrieved party 19 INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in hs advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of thew agreement and intended also as a complete and exclusive statement of the terms of thew 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. Wherever the term "Uniform Commercial Code' is used, it shall be construed 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, 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 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 costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, 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 indefault 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 right to exercise any right or remedy to it by law, contract, equity, or otherwise, including 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 unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be 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 during the tern 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 the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. 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 Management. 28. Contracts with Companies Engaged in Business with Iran Sudan or Foreign Terrorist Organization Prohibitcd. Pursuant to Section 2252.152 of the Texas Goverment Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or smite with Iran Sudan or a foreign terrorist organization 29. Texas Goverment 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 panics at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: hon.:. wwci�i¢hyryj,,Ia.us:d;panmrntal- wrhsnes den:,rtmenirrurchusui¢ veixior-mformaiurn 30. No Boycott of Israel. Pursuant to Section 227 L 2 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the tern of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in as Response. 31 No Boycott of Energy Companies Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32 No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association dunng the tern of the contract resulting from this solicitation Respondent shall state any facts that make it exempt from the boycott cernficauon in its Response. 33 Contracts with Companies Engaged in Business with Iran Sudan or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Goverment Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552, Goverment 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. 35 Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an emaded request: orr•�, rnnlubSucl.u.. Please send this request to this email address for it to be processed 15 TERMINATION The performance of work under this order may be terrunated in whole, or in part by the Buyer REV. 3/2022 viea an exclusive Miracle Recreation Dealer PO Box 29 I Allen, Tx 04w, I for North and Central Texas Customer: City of Lubbock Contact: Riley Price Contact Info: 806-775-2665 R mm I.dly�}k. u Project Nam(Crow Park Site Address 91st and Belton Ave., Lubbock End User: Ship To: Parks Warehouse (TBD) CONSULTANT Kim Mettenbrink - (512) 636-0933 f Option 1, Buy Board Contract #679-22 3/9/2023 4/8/2023 Est. Delivery: Est. Install July - Nov. MIRACLE Miracle playground equipment - design 61 44909626333 1 $107,673.30 $107,673.30 FREIGHT Shipping of Miracle Equipment 1 $4,935.10 $4,935.10 DISCOUNT Buy Board Discount for All Miracle Equipment 1 -$16,150.99 -$16,150.99 INSTALL Installation of All Equipment Listed Above 1 $37,685.65 $37,685.65 SURFACING Bonded Rubber Sufacing with sub -base and installation $21.20 per sq. ft. $61,480.00 $61,480.00 (Estimated 2,900 square feet of surfacing area) Note: This price assumes borders for play areas w1A be provided by others (must clarify). Site restoration is not included though every effort will be made to smooth any possible ruts. No metal construction fence is Included. Orange banner fence may be provided as needed during construction. Temporey chain link fencing may be requested of the City during the time In which the bonded rubber surface is curing. It is also requested that all line locates be performed by the City prior to installation. Tax Exemption and Buy Board Discounts Applied Make Payable Payment Terms TOTAL Prices reflected on quote assumes all site work to be done by others unless noted above. • All drainage within the playground border and away from the play area to be done by 'other' unless noted above. - Price assumes border by "other' unless noted above. • No site restoration is included unless noted above. • Additionally, no bond or special insurance coverages are'ncluded unless noted above. $195,623.06 Pricing may not be guaranteed beyond 30 days. We are attempting to hold pricing when possible, but due to material and labor costs, price Increases have unfortunately become unavoidable. We value our customers and appreciate your understanding during these unprecedented times. All finalized contracts and/or purchase orders must be accompanied by a valid quote within 30 days of Issue. Please request a requote when beyond the 30 days. Approval Signature Date Send completed quote and purchase order to: kimm@webuildfun.00m PLEASE RETURN ALL PAGES OF THIS QUOTE UPON ORDERING PO Number Price assumes all site work, drainage away from play area & border to be provided by *other* at no cost to webuildfun unless specified otherwise .n the quote above. This Includes site prep, grade work, drainage, construction fencing, concrete borders and site restoration. All additional services can be quoted upon request webuildfun, Inc. warrants the labor for replacement parts for 2 year, if webuidfun, Inc provided the orlonal instal,atlon. In the event rock is encountered, additional charges may be assessed. ft is the responsibility of the owner to obtain permit(S) unless Specified above. It is the responslbll'rty of the owner to locate all underground utility lines. webuildfun, Inc will assist with this by requesting aline locate from Dig Tess, at the owners request. webuildfun, Inc will make every reasonable effort to respect all marked utility fines, and will repalr damage(s) causal 4 webuildfun, Inc to marked utilities. webuildfun, Inc will not be responsible for damage to unmarked utilities. Prices are guaranteed for 30 days from the date listed on quote. PO BOX 29, ALLEN, TX 75013 Page 1 of 2 PHONE (972) 727-0653 1 FAX (972) 396-4994 on exclusive Miracle Recreation Dealer •� �+ `-=� y Jor North and Central Texas PO Box 29 1 Allen, Tx Customer: City of Lubbock Contact: Riley Price Contact Info:806-775-2665 Rpricoft af.dkgx,O kwm Project Nam( Crow Park Site Address 91st and Belton Ave., Lubbock End User: Ship To: Parks Warehouse (TBD) Project Nam(Crow Park Est Project Start Date: Bond Required Est Project Completion Date: Contract Required Addt'I Details: PROJECT DETAILS Company Company Street Address Street Address City, State, Zip City, State, Zip Contact: Contact: Phone # Phone # Email: Email: --CONSULTANT Kim Mettenbrink (512) 636-0933 Option 1, Buy Board Contract #679-22 3/9/2023 4/8/2023 Est. Delivery: Est. Install July - Nov. Projecte. $195,623.06 Purchase Order # Initial here to approve colors shown above PLEASE RETURN ALL PAGES OF THIS QUOTE UPON ORDERING PO BOX 29 ALLEN TX 75013 Page 2 of 2 PHONE (972) 727-0653 1 FAX 1972) 396-4994 Request for Resolution Date: ® Purchase Order Contract ❑ Public Works Contract ❑ Professional Service Agreement ❑ Service Contract RFP/ITB/RFQ No. Title Contract No. Park Playground Replacements — ) PO 10026240 Purchasing Co-op Contract No. BuyBoard Contract #679-22 Vendor Name WeBuildFun, Inc. City & State Allen, TX Resolution Signatures ❑ Kelli Leisure ® Brooke Witcher, Assistant City Manager ® Ryan Brooke ❑ Bill Howerton, Deputy City Manager ❑ Mitch Satterwhite, First Assistant City Attorney ❑ Floyd Mitchell, Chief of Police ❑ Amy Sims, Deputy City Attorney ❑ Erik Rejino, Assistant City Manager ❑ Jeff Hartsell, Deputy City Attorney ❑ D. Blu Kostelich, Chief Financial Officer ❑ Click or tap here to enter text. For Purchasing & Contract Department Use Reviewed by: M. Alvarez: T. Flores K. Morgan: Please Return to Marta, Teo, or Kiara r City of PURCHASE ORDER '<,,"-,�'Lubbo& TEXAS WEBUILDFUN, INC TO: PO BOX 29 ALLEN TX 75013 SHIP TO: Page - 1 Date - 3/9/2023 Order Number 10026243 000 OP Branch/Plant 5223 CITY OF LUBBOCK - CENTRAL 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 4BY:Y' Marta , Director of Purchasing & Contract Management Ordered 3/9/2023 Freight Requested 10/1/2023 Taken By Delivery PER K ROBINSON REQ 59954 S BALLANCE PUR 17209/ BUYBOARD CONTRACT #679-22 Higinbotham Park Playground If you have any questions, please contact Kalee Robinson: KRobinson@ajnylubbock.us or 806-775-2672 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Miracle Playground Equipment 1.000 109,162.2000 EA 109,162.20 10/1/2023 Design 61_44914531164 Shipping Of Miracle Equipment 1.000 Buyboard Discount 1.000 Installation of All Equipment 1.000 Listed Above Bonded Rubber by Vitriturf 3,268.000 Terms NET DUE ON RECEIPT 5,001.7200 EA (16,374.3300) EA 38,206.7700 EA 5,001.72 10/1/2023 (16,374.33) 10/1/2023 38,206.77 10/1/2023 21.2000 EA 69,281.60 1012023 Total Order 205,277.96 This purchase order encumbers funds in the amount of $205,277.96 awarded to WeBuildFun, Inc. of Allen, TX, on Marrh ? 1 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated March 9, 2023, from WeBuildFun, Inc. of Allen, TX, and BuyBoard Contract 679-22. Resolution # 2023-110158 CITY CK: Tra ay , ayor TA ST: Co ey Paz, InteriN City SeMtary Lubbock PURCHASE ORDER TEXAS WEBUILDFUN, INC TO: PO BOX 29 ALLEN TX 75013 Page - 2 Date - 3/9/2023 Order Number 10026243 000 OP Branch/Plant 5223 CITY OF LUBBOCK - CENTRAL SHIP TO: 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 4BY-._Y Marta A14am Director of Purchasing & Contract Management Ordered 3/9/2023 Freight Requested 10/1/2023 Taken By Delivery PER K ROBINSON REQ 59954 INbUMANUE SBALLANCE PUR 17209/ BUYBOARD CONTRACT #679-22 Commercial General Liability: $1,000,000 occurrence i $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Workers Compensation and Emulover Liability: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1M) is required with Workers Compensation. Commercial General Liability to include Products - Additional Policies: N/A Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automotive Liability: Combined Single limit for Any Auto - $1,000,000 *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES by cuaplvingany Coos or Services that the Cont.actor has read fully understands and will be in full compliance with all terms and conditions and the descrintive material contained herein and any additional associated documents and Amendments. The Citv disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties In the event of conflict between the ity's 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 term agreed upon by the parties and any prior conflicting term shall be of no force or effect 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 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. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservationand no tender ofa bill of lading will operate as a tender ofgoods. 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 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions ofthis contract as to time ofdelivery, quality and the like Ifa 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 I 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 79457 Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller of it is determined by Buyer 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 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 provision, Buyer 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 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 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 item shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense, 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 ofsecuring business. For breach of vitiation 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 ofsuch 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 render this contract voidable at the option of the Buyer. 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 ofa conflict or between the specifications, drawings, and descriptions, 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 party involved 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 City of Lubbock availing itself of any of its rights under 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 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 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 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 Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As pan of this contract for safe Seller agrees to ascertain whether goods manufactured in accordance with the specification 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 give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller issued 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 of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless ICSeller 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 nonappropr ition of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without ternation 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 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 right to cancel for default all or any pan 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 acts of bankruptcy. Such right ofeancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 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 addition to and not in lieu of ncK rights of Buyer set forth in Clause 14, herein. 16. FORCE MAJEURE. 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. 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation nude 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 nude in conformity with this paragraph. 18. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in par 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 aggrieved party 19 INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller 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 term 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. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date ofthis 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 Future 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, claim, patent claim, 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 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 costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, 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 specification of this agreement will cause Seller to be in default ofthis 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 form award. 25. NON -ARBITRATION The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including 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 unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be 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 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, 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 Cay. Contractor shall refund the City the full amount ofsuch 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 27. 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 Management 28. Contracts with Companies Engaged in Business with Iran Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252 152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iraq Sudan or a foreign terrorist organization 29. Texas Goverment Code Section 2252 908 requires a business entity entenng into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parries at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions far completing Form 1295 are available at: biM u_ wu ri lubbvck.[t,u armcni.il- %ebsite,.deoartmentspurclulsing venter -information 30. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (it) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (it) it does riot boycott Energy Companies and will not boycott Energy Companies dunng the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32 No Boycott ofa Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or F'gearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association dunng the term of the contract resulting from this solicitation Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252,152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iraq Sudan or a foreign terrorist organization 34 TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J. Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated tithe contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter 35 Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be nude by an entailed request: or i mvlubbock.us Plc s send this request to this email address for it to be processed 15 TERMINATION The performance of work under this order may be terminated in whole, or in part by the Buyer REV 3/2022 ^ F, ��; • ff p an exclusive Miracle Recreation Dealer • w PO Box Apr 29 1 Allen, TX 75013 Or North and Central Texas KIm Mettenbrink _ (5]2) 636-0933 CUSTOMER•• • • • Customer: City of Lubbock Opt. 2, Buy Board Contract #679-22 Contact: Riley Price Quote Date Valid Until Contact Info: 806-775.2665 Racealme0ciluEbockbus 3/9/2023 4/8/2023 Project Name: Higinbotham Park Est. Delivery: Est. Install Site Address: 19th Street and Vicksburg Ave., Lubbock, TX 79401 July - Nov. End User: Ship To: Parks Warehouse (TBD) DESCRIPTIONITEM QTY EACH TOTAL, MIRACLE Miracle playground equipment - design 61_44914531164 1 109,162,2 $109,162.20 FRIEGHT Shipping of Miracle Equipment 1 $5,001.72 $5,001.72 DISCOUNT Buy Board Discount 1 -$16,374.33 -$16,374.33 INSTALL Installation of All Equipment Listed Above 1 $38,206.77 $38,206.77 SURFACING Bonded Rubber by Vitriturf (color of choice) - includes sub -surface 21.20 sq. ft. $69,281.60 $69,281.60 base and bonded rubber layers w/ installation (Estimated 3268 square feet of surfacing area) Note: This price assumes borders for play areas will be provided by others. Site restoration is not Included though every effort will be made to smooth any possible ruts. No metal construction fence is Included. Orange barrier fence may be provided as needed during construction. Temporay chain link fencing may be requested of the City during the time in which the bonded rubber surface is curing. It is also requested that all line locates be performed by the City prior to installation. Tax Exemption and Buy Board Discounts Applied TOTAL $205,277.96 Make Payable to: Payment Terms Prices reflected on quote assumes all site work to be done by others unless noted above. -All drainage within the playground border and away from the play area to be done by "Other' unless noted above. * Price assumes border by 'other* unless noted above. * No site restoration is included unless noted above. * Additionally, no bond or special insurance coverages are included unless noted above Pricing may not be guaranteed beyond 30 days. We are attempting to hold pricing when possible, but due to material and labor costs, price Increases have unfortunately become unavoidable. We value our customers and appreciate your understanding during these unprecedented times. All finalized contracts and/or purchase orders must be accompanied by a valid quote within 30 days of Issue. Please request a requote when beyond the 30 days. Approval Signature Date PO Number Send completed quote and purchase order to: klmm@webuildfun.com PLEASE RETURN ALL PAGES OF THIS QUOTE UPON ORDERING PO BOX 20. ALLEN TX 75013 Page 1 of 3 PHONE (972) 727-0653 1 FAX (972) 396.4994 Vic a rl F} an exclusive Miracle Recreation Dealer 0 of North and Central Texas PO Box 29 1 Allen, Tx 75013 CUSTOMER•' • Customer: City of Lubbock Contact: Riley Price Contact Info: 806-775-2665 Ro ce 9ms Lei lubbock U us Project Name: Higinbotham Park Site Address: 19th Street and Vicksburg Ave., Lubbock, TX 79401 End User: Ship To: Parks Warehouse (TBD) Kim Mettenbrink (512) 636-0933 Opt. 2, Buy Board Contract #679-22 Quote Date Valid Until 3/9/2023 4/8/2023 Est. Delivery: Est. Install July - Nov. Price assumes all site work, drainage away from play area & border to be provided by "other* at no cost to webuildfun unless specified otherwise in the quote above. This includes site prep, grade work, drainage, construction fencing, concrete borders and site restoration. All additional services can be quoted upon request. webuildfun, Inc. warrants the labor for replacement parts for 1 year, if webuildfun, Inc provided the original Installation. In the event rock Is encountered, additional charges may be assessed. It Is the responsibility of the owner to obtain permigsi unless specified above. It Is the responsibility of the owner to locate all underground utility lines. webuildfun, Inc will assist with this by requesting a line locate from Dig Tess, at the owner's request. webuildfun, Inc will make every reasonable effortto respect all marked utility lines, and will repair damage(s) caused by webuildfun, Inc to marked utilities. webuildfun, Inc will not be responsible for damage to unmarked utilities. Prices are guaranteed for 30 days from the date listed on quote. PO BOX 29, AL LEN, TX 75013 Page 2 of 3 PHONE (972) 727-0653 1 FAX (972) 396-4994 an exclusive Miracle Recreation Dealer or North and Central Texas PO Box 29 i Allen, TX 75013 Customer: City of Lubbock Contact: Riley Price Contact Info: 806-775-2665 RvkerdmaicJ�Ehockh us Project Name: Higinbotham Park Site Address: 19th Street and Vicksburg Ave., Lubbock, TX 79401 End User: Ship To: Parks Warehouse (TBD) Please provide the f. . • Project Name: Higinbotham Park Est Project Start Date: Bond Required Est Project Completion Date: Contract Required Addt'I Details: PROJECT DETAILS CONSULTANT Kim Mettenbrink _ (512) 636-0933 Opt. 2, Buy Board Contract #679-22 Quote Date Valid Until 3/9/2023 4/8/2023 Est Delivery: Est. Install July - Nov. Proiect Total $205,277.96 Purchase Order # Initial here to approve colors shown above PLEASE RETURN ALL PAGES OF THIS QUOTE UPON ORDERING Page 3 of 3 PO BOX 29, ALLEN. TX 75013 PHONE (972) 727-0653 1 FAX (972) 39G-4994 Page - 1 City of PURCHASE ORDER Date - 3/9/2023 Lubb o ck Order Number 10026244 000 OP TEXAS Branch/Plant 5223 WEBUILDFUN, INC TO: PO BOX 29 ALLEN TX 75013 SKIP TO: CITY OF LUBBOCK - CENTRAL 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 JBY:-V Marta A14QM Director of Purchasing & Contract Management Ordered 3/9/2023 Freight Requested 10/1/2023 Taken By Delivery PER K ROBINSON REQ 59956 S BALLANCE PUR 17209/ BUYBOARD CONTRACT #679-22 Davis Park Playground Ijyou have any questions, please contact Kalee Robinson: KRobinson@mylubbock.us or 806-775-2672 Description/Supplier Item _ Ordered Unit Cost UM Extension Request Date Miracle Playground Equipment 1.000 109,558.0500 EA 109,558.05 10/1/2023 Design 61_44944491828 Miracle Equipment Discount 1.000 (16,433.7100) EA (16,433.71) 10/1/2023 Installation of Miracle 1.000 38,345.3200 EA 38,345.32 10/1/2023 Equipment Listed Above Bonded Rubber Surfacing 2,663.000 21.2000 EA 56,455.60 10: U2023 With Sub -base And Installation Shippping of Miracle Equipment 1.000 5,139.2900 EA 5,139.29 10 1 2023 Total Order Terms NET DUE ON RECEIPT 193,064.55 This purchase order encumbers funds in the amount of $193,064.55 awarded to WeBuildFun, Inc. of Allen, TX, on March ?.I , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated March 9, 2023, from WeBuildFun, Inc. of Allen, TX, and BuyBoard Contract #679-22. Resolution # 2023-R0158 CITY OF L Tray Payne, a r ST: Courtney Paz, Interi ity SecWary Lubbock TEXAS PURCHASE ORDER WEBUILDFUN, INC TO: PO BOX 29 ALLEN TX 75013 Page - Date - 3/9/2023 Order Number 10026244 000 OP Branch/Plant 5223 CITY OF LUBBOCK - CENTRAL S SHIP TO: 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta area, Director of Purchasing & Contract Management Ordered 3/9/2023 Freight Requested 10/1/2023 Taken By Delivery PER K ROBINSON REQ 59956 INSURANCE REQUIRED: SBALLANCE PUR 17209/ BUYBOARD CONTRACT #679-22 Commercial General Liability: $1,000,000 occurrence / $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. ' Workers Comoensation and EmDlover Liabilitv: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1M) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: N/A Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automotive Liability: Combined Single limit for Any Auto - $1,000,000 *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. Rev. 3/2022 Seller and Buyer agree as follows: ACCEPTANCE OF THIS PURCHASE ORDER CONTRACTOR ACKNOWLEDGES. by supp understands. and will be in full comnliancewith: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS the Contractor unless agreed upon in writing by the oarties In the event of conflict between the Cuv's 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 oarries. and any nrior conflictine terms shall be of no force or effect. I. SELLER TO PACKAGE GOODS. Seller will package goods to 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 I 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 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. 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 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 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 Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e 11 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. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted afterdelivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer 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 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 provision, Buyer 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 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 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. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. 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 of vitiation 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 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 wan -ants 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 contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including, but rot 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 party involved 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 City of Lubbock availing itself of any of its rights under 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 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 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 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 Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As par 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 give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller issued 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 of this 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 rhonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City 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 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 right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terns 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 Buyer may have in law or equity. 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 tight or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein. 16. FORCE MAJEURE. 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. 17. ASSIGNMENT -DELEGATION. 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 conformitywith this paragraph. 18 WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in par 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 aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller 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 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. Wherever the term "Uniform Commercial Code" is used, it shall be construed 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 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 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, 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 alleged or determined that the act was caused through negligence or omission of the Seller or is employees, or of the sub8eller 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 costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at is 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. 13. 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 right to exercise any right or remedy to it by law, contract, equity, or otherwise, including 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 unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be 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 during the tern of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at is 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 the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. 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 Management. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran. Sudan or a foreign terrorist organization 29. 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 the governmental entity or state agency. Instructions for completing Form 1295 are available at. http:'4tww.ci.lubbpck.rx.us,d=artmrplaL- -gbn ucx.Oavrlr cuts ourchasm g'vendor-in forum ion 30. No Boycott of IsmeL Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any fats that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits to Cry from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Government 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. 35. Pursuant to Section 552.301(c) of the Texas Goverment Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request: orr_amvlubbock_us. Please send this request to this email address for it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer REV. 32022 i R � on exclusive Miracle Recreation Dealer =91• �+� •_ PO Box 29 � Allen, Tx T5o13 for North and central Texas Kim Mettenbrink (512) 636A933 CUSTOMER•• • • • Customer: City of Lubbock, Parks and Recreation Opt 2, Buy Board Contract #679-22 Contact: Riley Price Quote Date Valid Until Contact Info: 806-775-2665 3/9/2023 4/8/2023 Project Name: Davis Park Playground Est. Delivery: Est Install Site Address: 4001- 4199 40th Street, Lubbock, 79413 Custom July - Nov. End User: Ship To: Parks Warehouse (TBD) ITEM DESCRIPTION QTY EACH TOTAL MIRACLE Miracle playground equipment design 61_44944491828 1 $109,558.05 $109,558.05 FREIGHT Shipping of Miracle equipment 1 $5,139.29 $5,139.29 DISCOUNT Buy Board Discount for Miracle Equipment 1 -$16,433.71 -$16,433.71 INSTALL Installation of Miracle equipment listed above 1 $38,345.32 $38,345.32 Bonded Rubber Bonded Rubber Surfacing with Sub -base and Installation 2663 $21.20 $56,455.60 TOTAL $193,064.55 Make Payable to: Payment Terms Prices reflected on quote assumes all site work to be done by others unless noted above. -All drainage within the playground border and away from the play area to be done by'other' unless noted above. * Price assumes border by "other* unless noted above. * No site restoration is included unless noted above. *Additionally, no bond or special insurance coverages are included unless noted above. Pricing may not be guaranteed beyond 30 days. We are attempting to hold pricing when possible, but due to material and labor costs, price increases have unfortunately become unavoidable. We value our customers and appreciate your understanding during these unprecedented times. All finalized contracts and/or purchase orders must be accompanied by a valid quote within 30 days of issue. Please request a requote when beyond the 30 days. Approval Signature Date PO Number Send completed quote and purchase order to: klmm@webulldfun.com PLEASE RETURN ALL PAGES OF THIS QUOTE UPON ORDERING Price assumes all site work, drainage away from play area & border to be provided by "other" at no cost to webuildfun unless specified otherwise in the quote above. This includes site prep, grade work, drainage, construction fencing, concrete borders and site restoration. All additional services can be quoted upon request. webuildfun, inc. warrants the labor for replacement parts for 1 year, if webuildfun, inc provided the original installation. In the event rock is encountered, additional charges maybe assessed. It is the responsibility of the owner to obtain permit(s) unless specified above. It is the responsibility of the owner to locate all underground utility lines. webuildfun. Inc will assist with this by requesting a line locate from Dig Tess, at the owners request. webuildfun, Inc will make every reasonable effort to respect all marked utility Imes, and will repair damage(s) caused by webuildfun, Inc to marked utilities. webuildfun, Inc will not be responsible for damage to unmarked utilities. Prices are guaranteed for 30 days from the date listed on quote. PO BOX 29, ALLEN, TX 75013 Page 1 of 2 PHONE (972) 727-0653 1 FAX (972) 396.4994 �0 anexclusive sthand fiecalTexaDealer for North and Central Texas ►O box 29 1 Allen, TX 75013 CUSTOMER•• • Customer: City of Lubbock, Parks and Recreation Contact: Riley Price Contact Info: 806-775-2665 Project Name: Davis Park Playground Site Address: 4001- 4199 40th Street, Lubbock, 79413 End User: Ship To: Parks Warehouse (TBD) Project Name: Davis Park Playground Est Project Start Date: Bond Required Est Project Completion Date: Contract Required Addtl Details: PROJECT DETAILS Company Company Street Address Street Address City, State, Zip _i City, State, Zip Contact Contact Phone # Phone # �l Email: Email: • Kim Mettenbrink (512) 636-0933 Opt 2, Buy Board Contract #679-22 Quote Date Valid Until 3/9/2023 4/8/2023 Est Delivery: Est Install Custom Jury -Nov. k TotalProject $193,064.55 I Purchase Order # Initial here to approve colors shown above PLEASE RETURN ALL PAGES OF THIS QUOTE UPON ORDERING PO BOX 29. ALLEN, TX 75013 Page 2 of 2 PHONE (972) 727-0653 1 FAX (972) 396-4994 City of PURCHASE ORDER tl Lubbo& �r TEXAS WEBUILDFUN, INC TO: PO BOX 29 ALLEN TX 75013 SHIP TO: Page - 1 Date - 3/9/2023 Order Number 10026245 000 OP Branch/Plant 5223 CITY OF LUBBOCK - CENTRAL 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 4BY:y Marta Alimm Director of Purchasing & Contract Management Ordered 3/9/2023 Freight Requested 10/1/2023 Taken By Delivery PER K ROBINSON REQ 59957 SBALLANCE PUR 17209/ BUYBOARD CONTRACT #679-22 Cooke Park Playground If you have any questions, please contact Kalee Robinson: KRobinson a(�mylubbock.us or 806-775-2672 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Miracle Playground Equipment 1.000 101,202.1500 EA 101,202.15 10/1/2023 Per Design R0104_44943641314 Buyboard Discount 1.000 (15,180.3200) EA (15,180.32) 10/1/2023 Installation Of Miracle 1.000 35,420.7500 EA 35,420.75 10/1/2023 Equipment Listed Above Bonded Rubber Surfacing 3,525.000 21.2000 EA 74,730.00 10/1/2023 With Sub -base And Installation Shipping of Miracle Equipment 1.000 4,814.1200 EA 4,316.08 10 1 2023 Total Order Terms NET DUE ON RECEIPT 200,488.66 This purchase order encumbers funds in the amount of $200,986.70 awarded to WeBuildFun, Inc. of Allen, TX, on March 21 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated March 9, 2023, from WeBuildFun, Inc. of Allen, TX, and BuyBoard Contract #679-22. Resolution # 2023-RO158 CITY OF LUB Tray ayne, May ST: WMPAV Courtney Paz, InterinYCity Se6Wary City of PURCHASE ORDER =-- Lubbock ° TEXAS WEBUILDFUN, INC TO: PO BOX 29 ALLEN TX 75013 Page - 2 Date - 3/9/2023 Order Number 10026245 000 OP Branch/Plant 5223 CITY OF LUBBOCK - CENTRAL SHiP TO: 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 4BY:f Marta , Director of Purchasing & Contract Management Ordered 3/9/2023 Freight Requested 10/1/2023 Taken By Delivery PER K ROBINSON REQ 59957 INSURANCE REQUIRED: SBALLANCE PUR 172091 BUYBOARD CONTRACT #679-22 Commercial General Liability: $1,000,000 occurrence $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Workers Compensation and Emulover Liabilitv: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1M) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: N/A Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automotive Liability: Combined Single limit for Any Auto - $1,000.000 *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES, by surinlymne any Goods or Services that the Contractor has read. fully understands. and will be in full compliance with all tents 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 writine by the parties. In the event of conflict between the City's terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terns and conditions provided herein are the final terms aereed upon by the parties. and any prior conflictine terns shall be of no force or effect. 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 I 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 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. 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 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 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 perfbn=ce has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e I I 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. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer 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 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 provision, Buyer 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 lest 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 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. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. 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 ofsecuring business. For breach of vitiation 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 ofsuch 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 render this contract voidable at the option of the Buyer. 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 contactual 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 party involved 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 City of Lubbock availing itself of any of its rights under the law and under this Contact 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 Contact, 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 Contact, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller wan -ants 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 confotm to OSHA 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 Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contact 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 byway of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rue to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller issued on the grounds of infringement of the hike. 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 of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the hike, 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 contact are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropniation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City 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 contact is spent, whichever event occurs fast If atany 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 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 right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terns 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 Buyer may have in law or equity. in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Nonce 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 MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terns 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 -DELEGATION. 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 conformity with this paragraph. 18. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part 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 aggrieved party. 19 INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parries 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. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 211. 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, 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 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 costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be tendered against the Buyer in any such action, 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 right to exercise any right or remedy to it by law, contract, equity, or otherwise, including 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 unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be 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 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, 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 the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. The Contractor shall not assign or sublet the contract, or any portion of the contact, without written consent from the Director of Purchasing and Contract Management. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contacts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. 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 panics at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1195 are available at: btrp-'www ci. lubboc Ix.us'd mrmen[al- wcbsi[es. drparmcn[s yurchasing iendur- into-';"30. No Boycott of IsaeL Pursuant to Section 2271.002 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycon Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contact resulting from this solicirat io n. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Goverment Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contacts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552, Goverment Code, may apply to this contract and the contractor or vendor agrees that the contact can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 35. Pursuant to Section 552.301(c) of the Texas Goverment Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request: omwrr Please send this request to this email address for it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer REV.30-022 �.� an exclusive Mirocle Recreation Dealer PO Box 29 1 Allen, TX 75013- for North and Central Texas Kim Mettenbrink (512) 636-0933 — - •' CUSTOMER- • • Customer: City of Lubbock, Parks and Recreation Opt 1, Buy Board Contract #679-22 Contact: Riley Price Quote Date Valid Until Contact Info: 806-775-2665 3/9/2023 4/8/2023 Project Name: Cooke Park Playground Est Delivery: Est Install Site Address: 18 th Street, Lubbock, 79401 Custom July- Nov. End User: Ship To: Parks Warehouse (TBD) ITEM DESCRIPTION QTY EACH TOTAL MIRACLE Miracle playground equipment per design R0104_44943641314 1 $101,202.15 $101,202.15 FREIGHT Shipping of Miracle Equipment 1 $4,316.08 $4,316.08 DISCOUNT Buy Board Discount 1 -$15,180.32 -$15,180.32 INSTALL Installation of Miracle equipment listed above 1 $35,420.75 $35,420.75 BONDED Bonded Rubber Surfacing with Sub -base and Installation 3525 $21.20 $74,730.00 RUBBER TOTAL $200,488.66 Make Payable to: Payment Terms Prices reflected on quote assumes all site work to be done by others unless noted above. -All drainage within the playground border and away from the play area to be done by *other' unless noted above. * Price assumes border by 'other' unless noted above. * No site restoration is included unless noted above. -Additionally, no bond or special insurance coverages are included unless noted above. Pricing may not be guaranteed beyond 30 days. We are attempting to hold pricing when possible, but due to material and labor costs, price increases have unfortunately become unavoidable. We value our customers and appreciate your understanding during these unprecedented times. All finalized contracts and/or purchase orders must be accompanied by a valid quote within 30 days of issue. Please request a requote when beyond the 30 days. Approval Signature Date PO Number Send completed quote and purchase order to. klmm@webulldfun.com PLEASE RETURN ALL PAGES OF THIS QUOTE UPON ORDERING Price assumes all site work, drainage away from play area & border to be provided by "other' at no cost to webuildfun unless specified otherwise in the quote above. This includes site prep, grade work, drainage, construction fencing, concrete borders and site restoration. All additional services can be quoted upon request. webuildfun, inc. warrants the labor for replacement parts for 1 year, if webuildfun, inc provided the original installation. In the event rock is encountered, additional charges maybe assessed. It is the responsibility of the owner to obtain permit(s) unless specified above. It is the responsibility of the owner to locate all underground utility lines. webuildfun, Inc will assist with this by requesting a line locate from Dig Tess, at the owners request. webuildfun, Inc will make every reasonable effort to respect all marked utility lines, and will repair damage(s) caused by webuildfun. Inc to marked utilities. webuildfun, Inc will not be responsible for damage to unmarked uUkWs. Prims are guaranteed for 30 days from the date listed on quote. DX 29. ALLEN. TX 75013 Page 1 of 2 rnvrvt )y�c a-u653 I FAX (972) 396-4994 e�j ,� , , - Q on exclusive Mirocle Recreation Dealer ■ Y U \ for North and QnWI Texas PO Box 29 1 Allen, TX 75013 Customer: City of Lubbock, Parks and Recreation Contact: Riley Price Contact Info: 806-775-2665 Ro ce�meiLc,luDDock D us Project Name: Cooke Park Playground Site Address: 18 th Street, Lubbock, 79401 End User: Ship To: Parks Warehouse (TBD) Project Name: Cooke Park Playground Est Project Start Date: Bond Required Est Project Completion Date: Contract Required Addt'I Details: PROJECT DETAILS Company Company Street Address Street Address City, State, Zip City, State, Zip Contact: Contact Phone # Phone # Email: Email: CONSULTANT Kim Mettenbrink (512) 636-0933 Opt 1, Buy Board Contract #679-22 Quote Date Valid Until 3/9/2023 4/8/2023 Est Delivery: Est Install Custom July - Nov. Proiect Total Purchase Order # Initial here to approve colors shown above PLEASE RETURN ALL PAGES OF THIS QUOTE UPON ORDERING Page 2 of 2 PO BOX 29. ALIEN, TX 75013 PHONE (972) 727-0653 1 FAX (972) 396-4994 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: 2023-993554 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. webuildfun,inc. Allen, TX United States Date Filed: 03/12/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form 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. PUR 17209, PO's for Playground This certificate supercedes certificate 2023-993545. The service is to provide and install playground equipment and fall safe surfacing for 5 playgrounds. 4 Name of Interested Patty 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 y►� ^� j % My name is f l�� S} r L-+ and my date of birth is My address is (lI f-b T-1- l Red. -j/ (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 7� 20 (mo ) (year) T } ! lAI _ J v- Sig ature of authorized agent of ntracting business entity (Declarant) W1II-J rIUVIUCu Uy 1 cnaa Cunca %.viIII nission www.etnics.state.tx.us Version V3.5.1.3ac88bc0 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. 2023-993554 webuildfun,inc. Allen, TX United States Date Filed: 03/12/2023 2 Name of governmental entity or state agency that is a parry to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 03/13/2023 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. PUR 17209, PO's for Playground This certificate supercedes certificate 2023-993545. The service is to provide and install playground equipment and fall safe surfacing for 5 playgrounds. 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 (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) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0