Loading...
HomeMy WebLinkAboutResolution - 2011-R0185 - Contract - Ricondo & Associates Inc.- On Call Planning Services, LPSIA - 04_28_2011Resolution No. 2011-RO185 I April 28, 2011 II Item No. 5.20 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: II 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. 10191 for on -call planning services for Lubbock Preston Smith International Airport, by and between the City of Lubbock and Ricondo & Associates, Inc. of Chicago, Illinois, 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 28, 2011 TOM MARTIN, MAYOR ATTEST: RebA,ca Garza, City S_ecretarlk� APPROWED AS TO CO TE T: s Loomis, Director of Aviation APPROVED AS TO FORM: Bryan Green ssistant City Attorney vw:ccdocs/RES.Contract-Ricondo & Associates, Inc. April 13, 2011 Resolution No. 2011-RO185 CONTRACT 10191 City of Lubbock, TX SERVICE AGREEMENT On -Call Planning Services RFQ 11-026-FO This Service Agreement (this "Agreement") is entered into as of the 28th day of, April, ("Effective Date") by and between Ricondo &Associates, Inc. (the Contractor) of Chicago, Illinois, and the City of Lubbock (the "City"). RECITALS WHEREAS, The City of Lubbock requested qualification statements from professional consulting firms interested in providing on -call consulting and implementation services for Lubbock Preston Smith International Airport; and WHEREAS, Contractor desires to perform as an independent contractor to provide services upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — Statement of Work 3. Exhibit B — Price Sheet 4. Exhibit C — Insurance Article 1 Services 1.1 Contractor agrees to perform those services for the City that are specified on Exhibit A (the "Services") and attached hereto. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on thirty (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 Agreement beyond the date of termination. Q: PurchaseBid Dots' S 1.026-FO Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is per- onnablc in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This At, and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perfonn. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other parry. 2.8 All claims, disputes, and other mattcrs in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX CONTRACTOR Tom Martin, Mayor Na V " C C. ? C f- S [fJ A b, r ATTEST Title Rcbec. a Garza, City Secretary APPRO AS TO CONTENT: Jam Lo is, Director of Aviation APPROV D TO F RM: Assistant City Attorney QT—hasei Bid M- 11-026-FO City of Lubbock, TX SERVICE AGREEMENT On -Call Planning Services RFQ 11-026-FO STATEMENT OF WORK 1. INTRODUCTION Resolution No. 2011—RO185 EXHIBIT A Lubbock Preston Smith International Airport is a Federal Aviation Administration (FAA) certificated commercial service airport whose enplanements in 2009 totaled 550,825. Major airline service is provided by Southwest Airlines, American Eagle, Continental Express, and Delta Air Lines. The major cargo carrier is Federal Express. There are approximately 50f scheduled daily airline flights. General aviation, business aircraft and military activity account for approximately 65,000 operations annually. The implementation period for this agreement is for five (5) years in accordance with FAA guidelines. 2 PROJECT DESCRIPTION 2.1 The City of Lubbock intends for selected a consultant(s) to assist with: 2.2 The preparation of planning documents related to the continued development of the Lubbock Preston Smith International Rates and Charges Study/Analyses. 2.3 Preparation of Benefit/Cost Analyses for Capital Projects 2.4 Assistance with Governmental Coordination associated with the Airport's Development Program 2.5 Disadvantaged Business Enterprise Program Development and Management 2.6 Other planning efforts to support the ongoing Capital Program 3. SCOPE OF WORK Under the provisions of this contract, the consulting firm is expected to be knowledgeable in the FAA Airport Improvement Program (AIP), Passenger Facility Charge (PFC) process, and Disadvantaged Business Enterprise Program (DBE). The Consulting firm shall perform On -Call Planning services within in the time frames requested and coordinated by the department. Project assignments under this contract may include: • Development of an Action Plan • Capital Improvement Program Planning and Detailed Implementation Planning for the Airport's Capital Program • Passenger Facility Charge Application and Program Administration • Master Planning • Airport Layout Plan Update • Preparation of Environmental Assessments for Proposed Capital Projects • Preparation of Land Use Studies • Independent Fee Analyses Preparation U:I'archaw Did Doe, I I4126-Fl i 4 COMPENSATION AND TERM 4.1 The consideration to be paid for the Services to be provided as described in Exhibit B attached. 4.2 This agreement shall for a tern of five (5) years beginning upon City Council date of formal approval. Additionally, the City may terminate this Agreement at any time during the tern by providing written notice to the Consulting firm at least thirty (30) days prior to the effective date of termination. In the event this Agreement is terminated, the City shall only pay the Consulting firm for services actually performed. 5 AUTHORITY The City Manager, or his designee, shall have the authority to direct the Contractor to perfonn any project within the Statement of Work, if said project will cost less than S25,000.00 to complete. Any project in excess of $25,000.00 must be approved by the City Council. 6 THE CITY RIGHT TO AUDIT At any time during the tenn 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 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. t r Purchase Bid D-, 114P2' -Fr-1 Resolution No. 2011-RO185 I RICONDO & ASSOCIATES April 12, 2011 Marta Alvarez Director of Purchasing and Contract Management City of Lubbock 1625 13th Street Lubbock, Texas 79401 RE: Billing Rates for Ricondo & Associates, Inc. - On -Call Planning Services for the Lubbock Preston Smith International Airport Dear Ms. Alvarez: Per your request, I present 2011 billing rates for Ricondo & Associates, Inc, (R&A). Hourlv rates for kev staff are oresented below: Joseph M. Faulhaber, Sr. Vice President $305 Bonnie A. De er, Director $263 Jim Branda, Vice President $305 Io►4!IINYI■N Additional planning staff would be billed at R&A's 2011 standard hourly rates as presented below: Officer $305 Director $263 Managing Consultants / Manager $218 Senior Consultant / Technical Specialist II $179 Consultant / Technical Specialist I $142 Technical Specialist / Support $114 If you need additional information, please feel free to contact me. On behalf of R&A, we truly appreciate the opportunity to provide additional services to the City of Lubbock and look forward to upcoming assignments. Sincerely, RICONDO & ASSOCIATES, INC. Bonnie A. Deger, Director 105 EAST FOURTH STREET, SUITE 1700, CINCINNATI, OH 452D2 TEL 1513) 651-47DO • FAX (513) 412-357D Resolution No. 2011-RO185 EXHIBIT C CITY OF LUBBOCK, TEXAS INSURANCE 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. INSURANCE COVERAGE REQUIRED 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): i1p.t Worker's Compensation Employers Liability or Occupational Medical and Disability Commercial General (public) Liability per Occurrence Endorsements - General Aggregate - Products/Op AGG - Personal & Adv. Injury - Contractual Liability Amount Statutory S500,000 Combined single limit for bodily injury and property damage of $500,000 per occurrence or its equivalent. The City of Lubbock shall be named a primary additional insured on auto/general liability with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies 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: Q Purchn.r Bid Doc, II-u_n-Fs) REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance. all insurance contracts and certificatc(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 sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or proposal number for which the insurance is being supplied. 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 1625 131h Street, Room 204 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. Q Po,chi,c Rod Dots 1 I •u'a•W)