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HomeMy WebLinkAboutResolution - 2007-R0378 - Contract - Ennis Paint Inc.- Runway/Taxiway Marking Paint - 08/23/2007Resolution No. 2007-RO378 August 23, 2007 Item No. 5.11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Ennis Paint, Inc., of Ennis, Texas, for runway/taxiway marking paint --annual pricing per Bid No. 07 -058 -FO, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 23rd day of August , ?007. WAVID A. *LLER, MAYOR ATTEST: Rebecca Garza, City Secretary AS TO CO; NT: 7A/ City Manager/Director of Aviation APPROVED AS FORM: Don Vandiver, ttorney of Mres/EnnisPaint-AP07ConRes August 9, 2007 Resolution No. 2007-RO378 CITY OF LUBBOCK CONTRACT For Runway/Taxiway Marking Paint - Annual Pricing Bid No. 07 -058 -FO THIS CONTRACT, made and entered into this 23rd day of August, 2007, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Ennis Paint, Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Runway/Taxiway Marking Paint - Annual Pricing 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 Item(s) No. one, two, three and more particularly described in 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 Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. The contract shall be for a term of one-year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for one additional one- year period. 4. 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. 5. 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. 6. This Contract consists of the following documents set forth herein; Invitation to Bid #07 -058 - FO, 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 David A. Miller, Mayor ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO FORM: Assistant 'ty Attorney CONT CTOR BY Authorized Representativ P. b - & �w Address flals)112 AS J es Loomis Dkrector of Aviation