HomeMy WebLinkAboutResolution - 2021-R0129 - Contract 15844 with Coffman and Associates, Inc. 4.13.2021Resolution No. 2021-R0129
Item No. 7.27
April 13, 2021
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, Professional Service Agreement No. 15844 for on -
call consulting and implementation services at Lubbock Preston Smith International Airport
(LPSIA), by and between the City of Lubbock and Coffman Associates, Inc., a Texas
corporation, and related documents. Said Agreement 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 13, 2021
ATTEST:
DANIEL M. POPE, MAYOR
Re a ca Garza, City Secr tary
APPROVED AS TO CONTENT:
Kelly Car#lpbell, Dirbctor of Aviation
APPROVED AS TO FORM:
r
Assistant City Attorney
ccdocs/RES.PSC 15844- Consulting and Implementation Services at LPSIA
April 1, 2021
Resolution No. 2021-R0129
STANDARD CITY OF LUBBOCK
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement") Contract No. 15944 is entered into this 13th day of
April, 2021, is by and between the City of Lubbock (the "City'l, a Texas home rule municipal corporation, and
Coffman Associates, Inc., (the" Consultant"), a Texas corporation.
WITNESSETH
WHEREAS, The City desires to contract with the Consultant to provide professional services for on -call
consulting services, (the "Activities"); and
WHEREAS, the Consultant has a professional staff experienced and is qualified to provide professional
engineering services related to Activities, and will provide the services, as defined below, for the price provided
herein, said price stipulated by the City and the Consultant to be a fair and reasonable price; and
WHEREAS, the City desires to contract with the Consultant to provide professional services related to the
Activities, and Consultant desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the tams, covenants raid conditions set forth in this
Agreement, the City and the Consultant hereby agree as follows:
ARTICLE L TERM
The term of this Agreement commences on the Effective Date and continudwithout interruption for a terra
of five years. If the Consultant determines that additional time is required to complete the Services, the Deputy
Director, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six
(6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement
resulting in an increase in the amount of the consideration must be approved by the City acting through its governing
body.
ARTICLE IL SERVICES AND COMPENSATION
A. The Consultant shall conduct all activities, and within such timefrdmes, as set forth on Exhibit "A",
attached hereto (the "Services").
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ARTICLE III. TERMINATION
A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days
written notice to the Consultant. In the event this Agreement is so terminated, the City shall only pay the Consultant
for services actually performed by the Consultant up to the date the Consultant is deemed to have received notice of
termination, as provided herein.
B. Termination and Remedies. In the event the Consultant breaches any term and/or provision of this
Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity,
or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or
injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any
right or remedy and all rights and remedies shall be cumulative.
ARTICLE IV. NON • ARBITRATION
The City reserves the right to exercise any right or remedy available 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 Agreement, this provision
shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. The Consultant is a corporation duly organized, validly existing, and in good standing under
the laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Corporate Power. The Consultant has the corporate power to enter into and perform this Agreement and
all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated
hereby have been duly and validly authorized by all the requisite corporate action on the part of the Consultant. This
Agreement constitutes legal, valid, and binding obligations of the Consultant and is enforceable in accordance with
the terms thereof.
D. Consultant. The Consultant maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and
federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby.
E. Performance. The Consultant will and shall conduct all activities contemplated by this Agreement in
accordance with the standard of care, skill and diligence normally provided by a professional person in performance
RFQ 21.15761-CM REQUEST FOR QUALiFICATTONS - Page 2 of 9
of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal,
relating to professional services, as contemplated hereby.
F. Use of Copyrighted Material. The Consultant warrants that any materials provided by the Consultant for
use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is
protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation
relating to the use or reproduction of materials. The Consultant shall be solely responsible for ensuring that any
materials provided by the Consultant pursuant to this Agreement satisfy this requirement and the Consultant agrees to
indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of
the Consultant's failure to perform this duty.
ARTICLE VL SCOPE OF WORK
The Consultant shall accomplish the following: Professional Services related to the Services, as provided in
Exhibit "A", attached hereto and made a part hereof.
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
The Consultant and the City agree that the Consultant shall perform the duties under this Agreement as an
Independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities
hereunder for all purposes. The Consultant has the sole discretion to determine the manner in which the Services are
to be performed. During the performance of the Services under this Agreement, the Consultant and the Consultant's
employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the
meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or
regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal
injury or taxes of any kind.
ARTICLE VIIL INSURANCE
The Consultant shall procure and carry, at its sole cost and expense through the life of this Agreement, except
as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the
City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and
risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity
obligations set forth herein. The Consultant shall obtain and maintain In lull force and effect during the term of this
Agreement, and shall cause each approved subcontractor or sub -consultant of the Consultant to obtain and maintain
in full force and effect during the term of this Agreement, commercial general liability, professional liability and
automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the
state of Texas. The insurance companies must carry a Best's Rating of A•VII or better. Except for Professional
Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability:
RFQ 21-15761-CM REQUEST FOR QUALIFICATIONS Page 3 of
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $2,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
Worker's Compensation
Per Occurrence Single Limit: $500,000
The Consultant shall further cause any approved subcontractor or sub -consultant to procure and carry, during
the term of this Agreement, the insurance coverage required of Consultant herein, including without limitation,
Professional Liability coverage, protecting the City against losses caused by the professional negligence of the
approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured
with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of
subrogation under those policies. The Consultant shall provide a Certificate of Insurance to the City as evidence of
coverage.
The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement
and waiver of subrogation attached to the policy shall be included in the Certificate. The Consultant shall elect to
obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Consultant
shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 3 of
the Texas Labor Code to ensure that the Consultant maintains said coverage. The Consultant may maintain
Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must
be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or
any extension hereof, the Consultant fails to maintain the required insurance in full force and effect, the Consultant
shall be in breach hereof and all work under the Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall be
maintained at the Consultant's sole cost and expense. The retroactive date shall be no later than the commencement
of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than
10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall
survive the termination or expiration of this Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
The Consultant may employ or retain consultants, contractors, or third parties (any of which are referred to
herein as "Sub -consultant"), to perform certain duties of Consultant, attached hereto, under this Agreement, provided
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that the City approves the retaining of Sub -consultants. The Consultant is at all times responsible to the City to perform
the Services as provided in this Agreement and the Consultant is in no event relieved of any obligation under this
Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or
employed by the Consultant shall be required by the Consultant to carry, for the protection and benefit of the City and
the Consultant and naming said third parties as additional insureds, insurance as described above required to be carried
by the Consultant in this Agreement.
The Consultant represents that such services are either under applicable value thresholds or are otherwise
exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
The Consultant 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.
ARTICLE XI. INDEMNITY
THE CONSULTANT 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 ENGINEER, ITS
AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, 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.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
The Consultant shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and
regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from the Consultant to the City or the City to the Consultant is required or permitted by
this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the
written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in
which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States
mail, properly addressed to the other party at the address provided in this article, registered or certified mall, return
RFQ 21-15761-CM -� REQUEST FOR QUALIFICATIONS __ _ Page 5 Of
receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited.
B. Consultant's Address. The Consultant's address and numbers for the purposes of notice are:
Coffman Associates, Inc.
Michael Dmyterko
12920 Metcalf Avenue, Suite 200
Overland Park, KS 66213
Telephone: 816-524-3500
Email: miked@cofflnanassociates.com
C. City's Address. The City's address and numbers for the purposes of notice are:
Kelly Campbell
City of Lubbock
5401 N. MLK Blvd, Unit 389
1314 Avenue K
Lubbock, Texas 79403
Email: kcampbell@mylubbock.us
Telephone: 906-775-3131
D. Change of Address. Either party may change its address or numbers for purposes of notice by giving
written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such
new address or numbers. The address or numbers shall become effective on the I Sth day after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES
Provision of Data The City shall furnish the Consultant non -confidential studies, reports and other available
data in the possession of the City pertinent to the Consultant's Services, so long as the City is entitled to rely on such
studies, reports and other data for the performance of the Consultant's Services under this Agreement (the "Provided
Data"). The Consultant shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided
Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement
strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect
In construing this Agreement.
B. Audit. The Consultant shall provide access to its corporate books and records to the City. The City may
audit, at its expense and during normal business hours, the Consultant's books and records with respect to this
Agreement between the Consultant and the City.
C. Records. The Consultant shall maintain records that are necessary to substantiate the services provided by
the Consultant.
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D. Assignability. The Consultant may not assign this Agreement without the prior written approval of the
City.
E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Consultant, and
in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Consultant,
its permitted successors and assigns.
F. Construction and Venue.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE
PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION
AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF
LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of
competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application
of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective
shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding
unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly
authorized and executed by the Consultant and the City.
1. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire
agreement between the City and the Consultant, and there are no other written or oral promises, conditions, warranties,
or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise,
partnership or principal — agent relationship between the Consultant and the City.
K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Consultant
as part of the Services hereunder, shall become the property of the City when the Consultant has been compensated
as set forth in Article II, above. The Consultant shall make copies of any and all work products for its files.
L. Notice of Waiver. A waiver by either the City or the Consultant of a breach of this Agreement must be in
writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver
shall not affect the waiving party's rights with respect to any other or subsequent breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than the City and the Consultant.
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N. Non -Appropriation. 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 non -appropriation of funds by the City Council
of the City of Lubbock for the 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 services covered by this Agreement is spent, whichever event occurs first (the "Non -
Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation
shall be accepted by the Consultant 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 Non -Appropriation Date.
O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization
Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a
contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan or a foreign terrorist organization.
P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies
that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not
boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that
make it exempt from the boycott certification in Its Response.
Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can he 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 contract 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.
REMAINDER OF PACE LEFT BLANK INTENTIONALLY
RFQ 21-15761-CM REQUEST FOR QUALIFICATIONS Page 8 of 9
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
Daniel M. Pope, Mayor
APPROVED AS TO CONTENT:
Kelly Cimpbell, Uccutive Director of Aviation
F-W
!
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�'Manager
APPROVED TO FORM:
Mitch I , Ffr-sf Assistant City Attorney
Firm
Cofi
By:
RFQ 21-IS761-CM REQUEST FOR QUALIFICATIONS Page 9 of
EXHIBIT A
CITY OF LUBBOCK, TX
REQUEST FOR QUALIFICATIONS
RFQ 21-15761-CM
A. BACKGROUND
Lubbock Preston Smith International Airport is a Federal Aviation Administration (FAA)
certificated commercial service airport situated in a small hub local market whose
enplanements in 2019 totaled 543,934. Due to the ongoing COVID-19 pandemic, 2020
enplanements were reduced to 263,712. Commercial passenger airline service is provided by
Southwest Airlines, American Airlines, and United Airlines. The major cargo carriers are
Federal Express and United Parcel Service. There are approximately 15 scheduled daily
passenger airline departures. Commercial aviation, general aviation, business aircraft, and
military activity account for approximately 90,000 operations annually.
B. PROJECT SCOPE OF WORK
Lubbock Preston Smith International Airport is seeking professional service firms interested
in providing on -call consulting and implementation services for Lubbock Preston Smith
International Airport. The term will be five (5) years.
The City of Lubbock intends to select a consultant(s) to assist with the preparation of planning
documents related to the continued development of the Lubbock Preston Smith International
Airport. Project assignments under this selection process may include:
• Capital Improvement Planning (CIP) and Detailed Implementation Planning
• Airport Layout Plan Update
• Preparation of Environmental Assessments for proposed capital projects
• Preparation of Land Use Studies
• Airport Development Assistance
• Assistance with Govcmmcntal Coordination associated with the Airport's
Development Program
• Passenger Facility Charge Application and Program Administration
• Preparation of Independent Fee Analyses
• Preparation of Benefit/Cost Analyses for capital projects
• Disadvantaged Business Enterprise Program Management
• Airline Rates & Charges Study/Analysis
• Air Service and Market Analysis
• Concession Analysis and Concession Procurement Assistance (Food & Beverage;
Parking)
• Preparation of General Aviation Development Standards
• Property Appraisals
• Updates to General Aviation Primary Compliance Documents including Minimum
Standards, Rules & Regulations, Leasing Policy, Capital Investment Schedule, and
Airport Rent Study
• Other planning efforts to support the ongoing capital program
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