HomeMy WebLinkAboutResolution - 2023-R0563 - Contract 17612, With Diamond Vogul, Inc, LPSIA - 11/14/2023Resolution No. 2023-R0563
Item No. 7.15
November 14, 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, Contract No. 17612 for runway and taxiway paint at
the Lubbock Preston Smith International Airport, by and between the City of Lubbock and
Diamond Vogel, Inc., and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
Passed by the City Council on November 14, 2023
TRAY PA E, MAYOR
ATTEST:
Courtney Paz, City Sec
APPROVED AS TO CONTENT:
��,.l.�-/ si� -
Bill Howe , Deputy Cit ager
APPROVED
First Assistant City Attorney
ccdocs IIIRES.Contract-Diamond Vogel, Inc.
November 2, 2023
Resolution No. 2023-R0563
City of Lubbock
Contract for
ITB 24-17612-YB
Runway and Taxiway Paint at LPSIA
Contract 17612
THIS CONTRACT made and entered into this 14th day of November , 2023, by and between the
City of Lubbock ("City"), and Diamond Vo�el, Inc. ,("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Runway and Taxiway Paint at
LPSIA and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized
the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase
and delivery of the said Runway and Ta�ciway Paint at LPSIA
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which are attached
hereto and made part hereof, Contractor will deliver to the City, Runway and Taxiway Paint
at LPSIA, and more specifically referred to as Items 0-1 through 0-5 on the bid submitted by
the Contractor or in the specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done
the work provided for in this Contract and to complete and finish the same according to the
attached specifications, offer, and terms and conditions contained herein.
3. The contract shall be for a term of one (1) year, with the option of two (2), one (1) year
extensions, said date of term beginning upon formal approval. This Contract will renew
automatically for the additional terms, unless either Party gives 90-day written notice to
terminate the Contract.
4. All stated annual quantities are approximations of usage during the time period to be covered by
pricing established by this bid. Actual usage may be more or less. Order quantities will be
determined by actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and resulting
contract.
The Contractor must maintain the insurance coverage required during the term of this contract
including any extensions. It is the responsibility of the Contractor to ensure that valid insurance
is on file with the Purchasing and Contract Management Department as required by contract or
contract may be terminated for non-compliance.
6. A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI)
or Product Price Index (PPI) as appropriate.
B) 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, or hold
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 — No Insurance Required.
10. 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.
11. 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.
12. 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 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 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. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 verification 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 verifies 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 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 verifies 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 verification 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.
19. 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.
20. 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.
21. This Contract consists of the following documents set forth herein; Invitation to Bid No. 24-
17612-YB, Specifications, and the Bid Form.
INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
CITY OF LUBBOCK
�
Tray
A ST:
Courtney Paz, City Secr ary
CONTRA TOR
BY �^
Authorized Representati e
, ,. C c� �G 1
,
Print Name
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Address
APPROV AS TO CONTENT:
3'N� Ph�L� fur'
e`t L•.r.�bRN
Ca ell, xecutive Director Airport
AP S T .
M' chell h, ssistant City Attorney
dR���. CI � , ��t 5/� y/
City, State, Zip Code
City of Lubbock
ITB 24-17612-YB
Runway and Taxiway Paint at LPSIA
Specifications
Scope:
The City of Lubbock is seeking bids for runway and taxiway marking paint at Lubbock Preston Smith
International Airport.
I. General Requirements
1. Paint shall meet Federal Specifications TT-P-1952E Type II water-borne lead free paint
https:llwww.faa. ovlregulations�olicieslfaa re�ulationsl in accordance with the FAA
Advisory Circular 15015370-1OH.
2. Reflective glass beads meet Federal Specifications TT-B-1325D Type I.
3. Vendor must provide written documentation that the product being bid meets the required
specifications.
4. Paint is for runwayltaxiway striping and must be suitable for use on concrete and asphalt
surfaces.
5. Black, red, white, and yellow paint shall be delivered in 5-gallon sealed containers.
6. All paint and reflective glass beads shall be delivered within seven days of receipt of purchase
order. Supplier must certify specifications on outside of each container. MSDS sheets must
come with each shipment. All shipments of paint must be delivered on pallets.
7. Delivery to:
Lubbock Preston Smith International Airport
Attention: Airport Maintenance Department
5900 N. Walnut Street
Lubbock, TX 79401
City of Lubbock, TX
Purchasing and Contract Management
Vendor Acknowledgement Form
In compliance with the Invitation to Bid, the undersigned Bidder having examined the Invitation to Bid,
instructions to bidders, General Conditions of the Agreement, Specifications, and being familiar with the
conditions to be met, hereby submits the following bid for fumishing the material, equipment, labor and
everything necessary for providing the items listed and agrees to deliver said items at the locations and for the
prices set forth on the bid form and/or the bid table associated with this bid.
A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of
form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are
obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind.
The Invitation to Bid is by reference incorporated in this contract.
Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre-Paid and Allowed
Where applicable, delivery days are: Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item-by—item or on an all-or-
none basis for any item or group of items shown on the bid.
The City of Lubbock is seeking a contract for with one or more contractors. In order to assure adequate
coverage, the City may make multiple awards, selecNng multiple vendors to provide the products
desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of
this Bid, however, is an option reserved by the City, based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0 %, net
30 calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated
on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within
thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later.
Discounts for prompt payment requiring payment by the City within a stipulated number of days will be
interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a
correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later.
Discounts for payment in less than ten days will not be considered.
MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price
charged anyone else, including its most favored customer, for like quality and quantity of the
products/services; does not include an element of profit on the sale in excess of that normally obtained by the
Bidder on the sale of products/services of like quality and quantity; and does not include any provision for
discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale
to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower
net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower
price(s) on all deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental
entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized
interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government
Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder
shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders
in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate
in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would
apply?
City of Lubbock
ITB 24-17612-YB
Runway and Taxiway Paint at LPSIA
Bid Form
Location
Total
Quantity
Required
# Item Description (+1-) UOM
#0-1 White Runway and Taxiway Marking
Paint. Must Include Shipping - Per
Specifications 2000 GAL
#0-2 Yellow Runway and Taxiway
Marking Paint. Must Include
Shipping - Per Specifcations 1200 GAL
#0-3 Black Runway and Taxiway Marking
Paint. Must Include Shipping - Per
Specifcations 400 GAL
#0-4 Red Runway and Taxiway Marking
Paint. Must Include Shipping - Per
Specifcations 500 GAL
#0-5 Runway and Taxiway Reflective
Glass Beads. Must Include Shipping -
Per Speciiications 1200 POLTNDS
Diamond Vogel, Inc.
Orange City, IA
$52,935.00
Delivery
Unit Total Days
Price Cost ARO
$ 12.79 $25,580.00 14
$ 12.97 $15,564.00 14
$ 11.99 $4,796.00 14
$ 13.99 $6,995.00 14
No Bid No Bid No Bid
Other governmental entities that might have interests in this contract are Frenship Independent School
District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District, South Plains Association of Governments, Cily of Texarkana, Texas Tech
University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO X
• If you (the bidder) checked YES, the following will apply:
Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of
Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s)
awarded as a result of this solicitation. All purchases by governmental entities other than the City of
Lubbock will be billed directly to that governmental entity and paid by that govemmental entity. City
of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity
will order their own materials/service as needed.
ADDENDA
Bidder acknowledges receipt of addenda issued in regard to this solicitation:
Addenda No. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-Federal entities from contracting
with or making sub-awards under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred. Covered transactions include procurement contracts for goods or
services equal to or in excess of $25,000 and all non-procurement transactions (e.g., sub-awards to sub-
recipients).
Contractors receiving individual awards of $25,000 or more and all sub-recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization
and its principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
� \ - �-:- - 1 � � � � � _ 1 - _ �l_I- � -
In compliance with this solicitation, the undersigned bidder, having examined the bid documents,
instrucNons to bidders, documents associated with the invitation to bid, and being familiar with the
condiNons to be met has reviewed the above information regarding:
• Suspension and Debarment Certi6cation
• Texas Government Code 5ection 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
SUBMISSION INFORMATION
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in bid rejection.
THIS BID IS SUBMITTED BY DIaCYlO11C1 VOg@I, 111C. a
corporation organized under the laws of the State of IOWa , or a partnership consisting of
or individual trading as of
the city of . Oranqe City
Tax ID No.: 4Z-1271908
Address: 1110 Albany Place SE
ciry: Oranqe City state: lowa zip: 51041
M/WBE Firm:l I Woman
.
By �
Authorized 7�
Officer Name and
- must sign by hand
• IO Z Zoz
Bill Cooley I CFO
Business Telephone Number 800.728.6435 F
� � Black American
American Asian Pacific American
ve
Please complete the information below.
E-mail Address: blll.cooley(a).diamondvogel.com