HomeMy WebLinkAboutResolution - 2025-R0322 - Contract 18715, With Siteone Landscape Supply, PID Playgrounds - 07/08/2025B) Further, if the Contractor can provide documentation for actual charges for material, labor,
etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide
such documentation to the City, and at the City's sole discretion, the contractual rate may be
further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate
at the end of the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the
Director of Purchasing and Contract Management written, quarterly documentation to justify the
ongoing adjustment. If no such documentation is timely received, the rate will automatically
revert to the initial, awarded rate.
7. This contract shall remain in effect until the first of the following occurs: (1) the expiration date,
(2) performance of services ordered, or (3) termination of by either party with a 30 day written
notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest
and best bidder as it deems to be in the best interest of the city.
8. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, orhold
itself out as, an agent or representative of City. In no event shall Contractor be authorized to
enter into any agreement or undertaking for or on behalf of City.
9. Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed
Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named
underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall
furnish and contain all reyuired information referenced or indicated thereon. THE CITY SHALL HAVE
NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE
SHALL HAVE BEEN DELIVERED TO THE CITY.
SECTION B. The City reserves the right to review the insurance requirements of this section during
the effective period of the contract and to require adjustment of insurance coverages and their limits
when deemed necessary and prudent by the City based upon changes in statutory law, court decisions,
or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as
are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration
of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by
companies approved by the State of Texas and acceptable to the City, in the following type(s) and
amount(s):
Commercial General Liabilitv Reauirements: $1M occurrence /$2M 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.
Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury,
Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person).
Automobile Liability Requirements: $1M/occurrence is needed
Workers Compensation and Emplover Liabilitv Reauirements: 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.
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.
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City and alI endorse�nents
thereto and may make any reasonable request for deletion, revision, or modification of particular policy
terms, conditions, limitations, or exclusions (except where policy provisions are established by law or
regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon
such reyuest by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in
policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certifcate(s) of insurance will contain and state, in writing, on the certifcate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees,
and elected representatives for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care
together with the indemnifcation provision, shall be underwritten by contractual liability
coverage sufficient to include such obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices
not less than 30 days prior the change, which notice must be accompanied by a replacement
CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract Management
City of Lubbock
1314 Avenue K, 9�h Floor
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by
the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents
as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by
the insurance company exonerate the Contractor from liability.
10. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
11. 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 courtof
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.
12. 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 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.
13. 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 non-appropriation 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 fscal 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 frst. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on 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.
14. 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. Should consent be
given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the
Subcontractor that complies with all contract Insurance requirements.
15. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive
material contained herein and any additional associated documents and Amendments. The City
disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by
the parties. In the event of conflict between these terms and conditions and any terms and
conditions provided by the Contractor, the terms and conditions provided herein shall prevail.
The terms and conditions provided herein are the final terms agreed upon by the parties, and any
prior conflicting terms shall be of no force or effect.
16. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist
organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas
Government Code, as a company known to have contracts with or provide supplies or services
to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign
terrorist organization" shall have the meaning given such term in Section 2252.151, Texas
Government Code.
17. 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.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor
agrees to: (1) preserve all contracting information related to the contact as provided by the
records retention requirements applicable to the governmental body for the duration of the
contract; (2) promptly provide to the governmental body any contracting information related to
the contract that is in the custody or possession of the entity on request of the governmental
body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental
body all contracting information related to the contract that is in the custody or possession of the
entity; or (B) preserve the contracting information related to the contract as provided by the
records retention requirements applicable to the governmental body.
18. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a
contract that: (1) is between a governmental entity and a company with 10 or more full-time
employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the governmental entity. (b) A governmental entity may not enter into a contract
with a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
19. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the
duration of the contract, have a practice, policy, guidance, or directive that discriminates against
a firearm entity or firearm trade association or (2) the verifcation required by Section 2274.002
of the Texas Government Code does not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a
value of at least $100,000 or more, Contractor verifes that, pursuant to Texas Government Code
Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against
a firearm entity or firearm trade association; and will not discriminate during the term of the
contract against a firearm entity or firearm trade association.
Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification reyuired by Section 2274.002 of the
Texas Government Code does not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a
value of at least $100,000 or more, Contractor verifes that, pursuant to Texas Government Code
Chapter 2274, it does not boycott energy companies; and will not boycott energy companies
during the term of the Agreement. This verifcation is not required for an agreement where a
governmental entity determines that these requirements are inconsistent with the governmental
entity's constitutional or statutory duties related to the issuance, incurrence, or management of
debt obligations or the deposit, custody, management, borrowing, or investment of funds.
20. The Contractor shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without
prior written consent of the City, unless otherwise required by law.
21. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials,
officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of
any kind, character, type, or description, including without limiting the generality of the
foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any
person, or injury to any property, received or sustained by any person or persons or property, to
the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its
agents, employees, and/or subcontractors, related to the performance, operations or omissions
under this agreement and/or the use or occupation of city owned property. The indemnity
obligation provided herein shall survive the expiration or termination of this agreement.
22. This Contract consists of the following documents set forth herein; Invitation to Bid No. 25-
18715-MA, Specifications, and the Bid Form.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year frst above written. Executed in triplicate.
��TY OF LUB�OC
� ����
Mark McBrayer, Mayor
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Monique
A EST:
Courtney Paz, City Secretary
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Print Name
SiteOne Landscape Supply
1385 East 36th Street
Address '
AP ED, AS TO CO . City, State, Zip Code
Brianna Brown, Business Development Director
APPR V AS TO FORIV�:
Kelli eisure, Senior Assistant City Attorney
ITB 25-18715-MA Purchase of Engineered Wood Fiber Playground Mulch
for Public Improvement District
Bid Tab
Engineered Wood Fiber Location Estimated UOM Amount Extended Cost
Playground Mulch Qty (+/-)
#0-1 - Engineered Wood Fiber
Playground Mulch
SiteOne Landscape Supply Lubbock, TX 160 CY 56.25 9,000
#0-2 -Delivery Per Mile
SiteOne Landscape Supply Lubbock, TX 1 Mile 0.00 0.00
City of Lubbock, TX
ITB 25-18715-MA
Purchase of Engineered Wood Fiber Playground Mulch
for Public Improvement District (PID) Playgrounds
Specifications
Intent:
The City of Lubbock seeks to establish an annual contract for the supply of Engineered Wood Fiber
Playground Mulch for Public Improvement District playgrounds. Vendors are required to submit all
necessary documentation and information regarding compliance with these specifications as part of
their bid. The contract will be awarded for a term of one (1) year, with the option to renew for up to
four (4) additional one-year periods.
Delivery:
The Vendor shall supply and deliver all reyuired materials to the designated location within seven (7)
business days of receiving an order from the Agent, except in emergencies. Product quantities may
vary from one (1) load to multiple loads per order, based on project needs. No deliveries are required
if the product is not needed during the contract term.
Deliveries will only be accepted Monday through Friday, between 8:00 a.m. and 5:00 p.m. Purchases
of Engineered Wood Fiber Playground Mulch will generally occur once (1) per year unless otherwise
specified by the Agent. All products must be delivered and unloaded at 3702 Alcove Avenue,
Lubbock, Texas 79407.
Material:
Approximately 160 cubic yards (f) of Engineered Wood Fiber Playground Mulch will be delivered
annually. The product must comply with the minimum safety standards outlined by the Consumer
Product Safety Commission (CPSC) Guidelines and the American Society for Testing and Materials
ASTM .
Public Improvement District Playgrounds
Est. Depth Est. Cubic
District Park Name Address Fall Zone Needed in Yards
Area in ftZ Inches Needed
Annuall Annuall
Bell Farms Playa Lake Park 2124 135th Street 790 4 10
Bell Farms 1-Acre Park 2335 138th Street 1,500 2 9
Bell Farms Basin Park North 13525 Sherman Ave 1,025 2 6
Bell Farms Basin Park South 13525 Sherman Ave 530 2 3
Bell Farms Pocket Park 1 14001 Ave W 1,925 2 12
Bell Farms Pocket Park 2 2124 135th Street 900 2 6
Quincy Park Playground Area 9002 Rochester Ave 1,100 2 7
Quincy Park Swing Set Area 9002 Rochester Ave 2,250 4 22
Valencia Swing Set 6124 87th Street 1,785 2 11
Upland p�aya Lake Park 7317 28th Street 5,400 4 66
Crossing
Upland Pocket Park 7525 32nd Street 1,350 2 8
Crossing
Pricing and Invoicing Terms:
1. Cost-Plus Pricing: All materials will be provided on a cost-plus basis, with the markup
percentage calculated based on the vendor's net cost.
2. Trade and Cash Discounts: Full credit for any applicable trade and/or cash discounts will be
passed on to the City.
3. Documentation for High-Value Items: For any individual item costing $100.00 or more, the
vendor will include a copy of the supplier's invoice. This invoice must:
o Be dated.
o Clearly marked as "paid."
Be attached as part of the vendor's invoicing document