HomeMy WebLinkAboutResolution - 2025-R0344 - Contract 18937, Delta Specialty Contractors, Perimeter Fencing, COL Cemetery - 07/22/2025Resolution No. 2025-R0344
Item No. 6.18
July 22, 2025
RESOLUTTON
BE IT RESOLVED BY TIIE CITY COUNCIL OF TII� CITY OT' LUBBOCK:
THAT the Mayor of the City of Lubbock is hcreby authorized and directed to execute for
and on behalf of the City of Lubbock, Service Contract No. 18937 for Chain Link Fence
Replacement at the City of Lubbock Cemetery, as per ITB 25-18937-SR, by and between the
City of Lubbock and Delta Specialty Contractors, Inc., and related documents. Said Contract is
attached hereto and incorporated in this resolution as if fully sct forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council on July 22, 2025
ARK W. MCBRAYER, YOR
A"I'TEST:
urtney Paz, City Secretary
APPROVED AS 'I'O CONTLN'1':
`� W
Brooke Witcher, Assistant City Manager
APYROV�D AS I'O 1�ORM:
achael Foster, s s nt Cily Ariorney
ccdocslllRES.Servicc Contract 1�0. 18937 Delta Spccialty Contractors, Inc.
7. I 0.25
Resolution No. 2025-R0344
City of Lubbock Contract for
ITB 25-18937 SR
Chain Link Fence Replacement
Contract 18937
THIS CONTRACT made and entered into this22°dday of July , 2025, by and between the
City of Lubbock ("City"), and Delta Specialty Contractors. Inc., ("Contractor").
� � -�
WHEREAS, the City of Lubbock duly advertised for bids for Chain Link Fence Replacement
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 Chain Link Fence Replacement.
NOW, THEREFORF, in consideration of the mutual agreement contained herein, as well asthe
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, Chain Link Fence
Replacement, and more specifcally refened to as Items 0-1 through 0-3 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. Upon receipt of the notice to proceed and commencement of work, the contract shall be for a term of 180
consecutive calendar days to achieve substantial completion, and 210 consecutive calendar days to
achieve final completion. Liquidated damages shall be assessed at a rate of $25 per consecutive calendar
day beyond the substantial completion date, and $25 per consecutive calendar day beyond the final
completion date.
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.
5. 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 fle with the Purchasing and Contract Management Department as required by contract or
contract may be terminated for non-compliance.
6. This contract shall remain in effect until the frst 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.
7. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services.
8. 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 required 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 reyuirements 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 reyuired 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 all endorsements
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 request 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
certificate(s) of insurance will contain and state, in writing, on the certificate 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 indemnification provision, shall be underwritten by contractual liability
coverage suffcient 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, 9th 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.
14. 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.
I5. 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.
16. 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.
17. 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.
18. 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 reyuest 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.
19. 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 un
less the contract contains a written verifcation from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract.
20. By entering into this Agreement, Contractor verifes 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 frearm 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.
21. 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 Iaw.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.
25-18937-SR, 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 frst above written. Executed in triplicate.
CITY OF L BBOCK
M k McBrayer, Mayo
A E T:
Courtney Paz, City Secretary
APPROVED TO CONTENT:
Ben Pe , sis irector of Parks
CONTRACTOR
BY
Authorized Representative
�% �1 �i►f�S
Print Name
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�� �oY��, � 11�°�2
City, State, Zip Code
& Recreation
APPROVED AS TO FORM:
R� ae 'oster, sis n ity Attorney
City of Lubbock, TX
ITB 25-18937-SR
Chain-Link Fence Replacement
Specifications
Intent:
The City of Lubbock is seeking bids for a Chain-Link Fence Replacement project at the City of Lubbock
Cemetery. The project location, scope of work and map are outlined below:
Location:
City of Lubbock Cemetery, 2011 E. 31 st Street, Lubbock, Texas 79404
Scope of Work:
Fence Replacement:
Full replacement of approximately 8,130 feet of chain-link fence with barbed wire running along
the north and south sides of the Cemetery. See Exhibit A for aerial views and more details.
The contractor is responsible for:
• Removal and disposal of the existing chain-link fence, barbed wire and supporting posts/
hardware including, but not limited to, all line posts, terminal posts, tension bars, top rails, caps
and concrete.
• Clearing and disposal of any brush, debris and/or limbs along, or interfering with, the fence line.
• Coordinating a roll-off dumpster(s), if needed.
• Installation of all new chain-link fences, barbed wire and supporting posts/hardware including,
but not limited to, all line posts, terminal posts, tension bars, top rails, caps and concrete.
o Chain-Link Fence Specifications: 9-guage, 6 feet tall, with barbed wire to match recently
replaced fence on west and east sides of Cemetery.
The fence and gate shall be constructed with a focus on durability and strength, specifcally designed to
withstand strong winds and gusts. It is crucial to ensure that the materials and construction methods used are
robust enough to provide resilience against adverse weather conditions ensuring longevity and
effectiveness.
No electrical work is necessary for this project.
The City requests three (3) separate bids. One for the north fence, one for the south fence, and one for
replacing both the north and south side fences as one project.
North Side Fence — Approximately 3,150ft
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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,
inshuctions to bidders, General Conditions of the Agreement, Specifications, and being familiar with the
conditions to be met, hereby submits the following bid for furnishing 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 irc•egular and may be rejected if it shows omissions, alterations of
form, conditional alternate bids, additions or alternates in lieu of the items specifed, 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 ihe 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, selecting multiple vendors to provide the products
desired, if mulHple 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 �%, net
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 coi�rect invoice or af�er 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 cei�tifies 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 quanrity 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 eifective.
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 Cooperarion 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 govei7unental entities decide to participate
in this contract, would you (the bidder) agree that all terms, condirions, specifications, and pricing would
apply7
ITB 25-18937SR Chain Link Fence Replacement
Bid Form
North Side Fence Replacement
Bid #0-1 (cost to replace the north fence � Sump $ 92,046.00
ONLY)
� � _ - � �. _ f.._1
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, City of Texarkana, Texas Tech
University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO _ _�
• 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 governmental 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 ofaddenda issued in regard to this solicitation:
Addenda No. 1 Date_�p,L�-. �
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 conh•acting
with or making sub-awards under covered transactions to parties that are suspended or debarred or whose
principals are suspended oc 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 cei�tify that their
organization and its principals are not suspended or debaned 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 firnl nor its principals are
suspended or debarred by a Federal agency.
1�_�:_ 1 �� ,�1 � 1 � �
In compliance with this solicitation, the undersigned bidder, having examined the bid documents,
instructions to bidders, documents associated with the invitation to bid, and being familiar with the
condiNons to be met has reviewed the above informaHon regarding:
• Suspension and Debarment Certification
• Texas Government Code Section 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 �Qr�
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a
coiporation organized under the laws of the State of��t��(i�� � , or a partnership consisting of
individual trading
the City of
Tax ID No.: 'lU—
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M/WBE Firm:
:
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American Asian Pacific
Please complete the information below.
Acrthorized Representcttive -»urst sign by hand
Native American
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Officer Name and Title: �
Business Telephone Number 3� � FAX:
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of
E-mail Address: