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Resolution - 2011-R0150 - Contract - Ennis Paint Inc.- Runway Marking Paint - 04/14/2011
Resolution No. 2011-RO150 April 14, 2011 Item No. 5.29 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. 10029 for runway/taxiway marking paint, by and between the City of Lubbock and Ennis Paint, Inc. of Ennis, Texas, 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 April 14, 2011 o TO MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary VED AS TO CONTENT: Loomis, Director of A iation APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Ennis Paint, Inc. March 31, 2011 RUNWAYJTAXIWAY MARKING PAINT, ITB 11 -1 0029 -DG CONTRACT NO. 10029 Resolution No. 2011-80150 CITY OF LUBBOCK CONTRACT FOR SERVICES RUNWAY/TAXIWAY MARKING PAINT BID NO. 11 -10029 -DG THIS CONTRACT, made and entered into this 14 day of April, 2011, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Ennis Paint, Inc. of Ennis, Texas ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Runway/Taxiway Marking Paint and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Runway/Taxiway Marking Paint. 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 specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Runway/Taxiway Marking Paint specifically referred to as Items(s) No. 1-4 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a term of one year, said date of term beginning upon formal approval. The contract may be renewed for two additional one year periods. 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. Price adjustments may be allowed for "Pass Through" costs incurred by vendor. Requests for price adjustments will be WRITTEN, and will include documentation that substantiates additional costs. All requests will be received by the City 30 DAYS PRIOR to a requested effective date for a price adjustment. Such adjustments must be acceptable to both parties or the item(s) in question may be deleted from the contract with respect to further orders, or the contract may be canceled and new bids solicited 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. 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. 5. 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. 6. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City, 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 the 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. Page 1 of 2 RUNWAYITAXIWAY MARKING PAINT, iTB 11-10029-0G 7. 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. 8. This Contract consists of the following documents set forth herein, Invitation to Bid No. 11 -10029 -DG, General Conditions, Specifications, and the Bid Form. 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: Tom NUin, Mayor ATTEST: jCity SecretaryRecc CaC APP OV D AS TO CONTENT: Z.tG-f ) ' aures L omis, D irectot of Aviation APPROVED T O/RM: Assistant City Attorney CONTRA OR: BY Authorized Representative's Signature Address L,/+u; s I it -7 S l 26 City, State, Zip Code Page 2 of 2 Resolution No. 2011-RO150 RUNWAYrrAXIWAY MARKING PAINT, ITB 11 -10029 -DG City of Lubbock, 'Texas Purchasing and Contract Management Runway/Taxiway Marking Paint BID No. 11 -10029 -DG BID FORM In compliance with the Invitation to Bid 11 -10029 -DG, the undersigned Bidder having examined the Invitation to Bid and 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 below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid 11 -10029 -DG is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Page 4 of 27 UNIT Extended Delivery ITEM QTY UOM DESCRIPTION PRICE* Cost Days +/- BID ARO** White Runway/Taxiway Marking Paint: • Paint must meet Federal Specification: TT -P-1952 E Type 11 Water Borne lead-free paint. C3allons ` Paint is for runway/taxiway striping and must be I 2.000 - suitable for use on concrete and asphalt surfaces. a Paint shall be delivered in 330 -gallon lots in 55- gallon sealed containers within 7 days of notification by phone, fax or email by airport personnel. Supplier must certify paint specifications on outside of each container. Yellow Runway/Taxiway Marking Paint: • Paint must meet Federal Specification: TT -P-1952 E Type Il Water Borne lead-free paint. 2 1,200 Gallons ' Paint is for runway/taxiway striping and must be suitable for use on concrete and asphalt surfaces. g� Paint shall be delivered in 330 -gallon lots in 55 gallon J sealed containers within 7 days of notification by phone, fax or email by airport personnel. Supplier must certify paint specifications on outside of each container. Black Runway/Taxiway Marking Paint: . Paint must meet Federal Specification: TT -P-1952 E Type 11 Water Borne lead-free paint. U 3. 400 Gallons . Paint is for runway/taxiway striping and must be S g suitable for use on concrete and asphalt surfaces. Paint shall be delivered in 5—gallon sealed containers within 7 days of notification by phone, fax or email by airport personnel. Supplier must certify paint specifications on outside of each container. Page 4 of 27 RUNWAYITAXIWAY MARKING PAINT, ITB 11 -10029 -DG UNIT Extended Delivery ITEM QTY UOM FDESCRIPTION PRICE* BID Cost Days ARO* Red Runway/Taxiway Marking Paint: + Paint must meet Federal Specification: TT -P-1952 1 Type II Water Borne lead-free paint, • Paint is for runway/taxiway striping and must be 4, 500 Gallonssuitable $�� ? q7 3() for use on concrete and asphalt surfaces, Z3 Paint shall be delivered in 5 -gallon sealed containers f within 7 days of notification by phone, fax or email by airport personnel. Supplier must certify paint specifications on outside of each container. Paint shall meet Federal Specification TT -P-1952 E Type II Water -borne lead free paint. Overall g`ZUo Vendor must provide written documentation that product being bid Vendor Total: I + meets the required specifications. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **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. 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 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 FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured 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 sante 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? 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 Po r 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. Page 5 of 27 RUNWAY[M WAY MARKING PAINT, ITB 11 -10029 -DG THIS BID IS SUBMITTED BY �^� ^� i n► G a corporation organized under the laws of the State of _ G X� or a Partnership consisting of or an individual trading as of the City of�^�' ,A Firm:— "�^" j �°`'�' rr� • PBA. ► 5 Ira , Address: O (3 o,< q, City: �' State: _rx Zip (2- 0 A 44 -d -G cl — M/WBE Woman Black American Native American Firm: Hispanic American Asian Pacific Other (Specify) American gat S i'D '0 f Z". G By Date: _ Z Authorized Representative - must sign by hand Officer Name and Title: a.titG- %S A (��oo k V 1'C C_ Please Print Business Telephone Number (�©`33t—$lig FAX -go c>-ssS�aZ.1-7 E -Mail Addres; s j.& ¢,0 •'c' . Ge — FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25, 000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR, SEALED SID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Page 6 of 27 City of Lubbock, TX Runway/Taxiway Marking Paint Bid Tabulation April 14, 2011 Resolution No. 2011—RO150 BID 11 -10029 -DG Runway/Taxiway Marking Paint Item U/M Qty Descri tionNendor Location Unit Cost Extended Cost 1 GL 2000 White Runway/Taxiway Marking Paint Ennis Traffic Solutions Ennis, TX $ 8 16,514 Pathmark Traffic Products San Marcos, TX 12 24,660 2 GL 1200 Yellow Runway/Taxiway Marking Paint Ennis Traffic Solutions Ennis, TX 8 9,594 Pathmark Traffic Products San Marcos, TX 12 14,796 3 GL 400 Black Runway/Taxiway Marking Paint Ennis Traffic Solutions Ennis, TX 8 3,024 Pathmark Traffic Products San Marcos, TX 15 6,156 4 GL 500 Red Runway/Taxiway Marking Paint Ennis Traffic Solutions Ennis, TX 11 5,624 Pathmark Traffic Products San Marcos, TX 15 7,395 Totals Ennis Traffic Solutions Ennis, TX $ 34,760 Pathmark Traffic Products San Marcos, TX 53,007 4-14-3011 QlPurch=tWBid Docu is 2011