HomeMy WebLinkAboutResolution - 2016-R0180 - Kutchins & Groh, LLC - 05/26/2016Resolution No.2016-R0180
Item No.5.16
May 26,2016
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,a Professional Services Contract 12870
to provide professional On-Call Consulting Services at Lubbock Preston Smith
International Airport,by and between the City of Lubbock and Kutchins & Groh, LLC,
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 May 26.2016 .
DANIEL M.POPE.MAYOR
ATTEST:
cca Garza,City Secretary
APPROVED AS TO CONTENT:
4/
o/m
Kelly Campbell,Executive Director of Aviation
APPROVED^S TO FORM:
Mitchell Satterwhite,First Assistant City Attorney
RES.Prof Serv Contract #12870-Kutchins &Groh,LLC
5.11.16
Resolution No. 2016-RO180
City of Lubbock, TX
On -Call Consulting Services
Service Agreement
Contract 12870
This Service Agreement (this "Agreement") is entered into as of the 261" day of May. 2016
("Effective Date") by and between Kutchins & Groh, LLC. (the Consultant), and the City of Lubbock,
TX (the "City").
RECITALS
WHEREAS, the City has issued a Request for Qualifications 16-12756-SS On -Call Consulting
Services
WHEREAS, the proposal submitted by the Consultant has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Consultant desires to perform as an independent Consultant to provide On -Call
Consulting 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 Consultant agree as follows:
City and Consultant 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 — Scope of Work
3. Exhibit B — Price Sheet
4. Exhibit C — Insurance
Scope of Work
Consultant shall provide the services that are specified in Exhibit A. The Consultant shall comply with all
the applicable requirements set forth in Exhibit A attached hereto.
Article 1 Services
1.1 The contract shall be for a term of five years, said date of tern beginning upon formal
approval. The rates may be adjusted upward or downward yearly at a percentage not to
exceed the effective change in the Consumer Price Index (CPI) or Product Price Index
(PPI), whichever is most appropriate for the specific contract for the previous 12-months.
At the City's discretion, the effective change rate shall be based on either the local or
national index average rate for all items. If agreement cannot be reached, the contract is
terminated at the end of the current contract period. The City of Lubbock does not
guarantee any specific amount of compensation, volume, minimum, or maximum amount
of services under this proposal and resulting contract.
1.2 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.
1.3 The Consultant shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.4 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 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 Consultant 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 Agreement beyond the date of termination.
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. This
Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.2 This Agreement and its Exhibits contains the entire agreement between the City and
Consultant 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.
2.3 This Agreement may be executed in counterparts, each of which shall be deemed an
original.
2.4 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.5 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 perform.
2.6 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 Consultant or the
City to any successor only on the written approval of the other party.
2.7 All claims, disputes, and other matters 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 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.
2.8 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 Consultant'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, Consultant 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 Consultant.
2.9 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
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 do.
2.10 The Consultant 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 Consultant shall insure the Subcontractor or shall provide proof of
insurance from the Subcontractor that complies with all contract Insurance requirements
document, this provision shall control.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUBBOCK, TX:
DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secre
APPROVED AS TO CONTENT:
It 1^ v9 l,lll
Kelly Campbell, Executive Director of Aviation
a •�
CONSULTANT:
Consultant's Signature
,u y C, f�'uTCHi.ti
Printed Name
1/t1 a,AJ,J%1,✓Gi
Title
Exhibit A
City of Lubbock
On -Call Consulting Services
Request for Qualifications
16-12756-SS
A. BACKGROUND
Lubbock Preston Smith Intemational Airport is a Federal Aviation Administration (FAA)
certificated commercial service airport whose enplanements in 2015 totaled 457,095. Major
airline service is provided by Southwest Airlines, American Airlines, and United Air Lines.
Federal Express and UPS operate as cargo carriers. There are approximately 50+ scheduled
daily airline flights. General aviation, business aircraft and military activity account for
approximately 70,000 operations annually. The implementation period for this agreement is
for five years in accordance with FAA guidelines.
B. PROJECT SCOPE OF WORK
The City of Lubbock is requesting qualification statements from professional consulting
firms interested in providing on -call consulting and implementation services for Lubbock
Preston Smith International Airport. The term will be for the next five 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 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
• Rates and Charges Study/Analyses
• Preparation of Benefit/Cost Analyses for Capital Projects
• Assistance with Governmental Coordination associated with the Airport's
Development Program
• Disadvantaged Business Enterprise Program Development and Management
• Other planning efforts to support the ongoing Capital Program
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).
RFQ 16-12756SS.doc REQUEST FOR QUALIFICATIONS Page 3 of 17
Exhibit B
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
2016 SCHEDULE OF RATES
Managing Principal
Project Manager
Planning Associate
Planner
Associate
Associate 2
Clerical Associate
$200.00
$185.00
$160.00
$140.00
$125.00
$100.00
$ 95.00
Lubbock Preston Smith
y International Airport
Exhibit C
City of Lubbock, TX
Purchasing & Contract Management
RFQ 16-12756-SS On -Call Consulting Services
III. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall fumish 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 fumish 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 we I as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable, 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):
TYPE OF INSURANCE
VERAL LIABILITY
Commercial General Liability ❑ Other
Claims Made ® Occurrence
W/Heavy Equipment
To Include Products of Complete Operation Endorsements
LIABILITY
LIABILITY
Any Auto
Scheduled Autos
Non -Owned Autos
'ESS LIABILITY
Umbrella Form
:AGE LIABILITY
Any Auto
BUILDER'S RISK
INSTALLATION FLOATER
POLLUTION
CARGO
❑ All Owned Autos
❑ Hired Autos
COMBINED SINGLE LIMIT
General Aggregate $1,000,000
Products-Comp/Op AGG X
Personal & Adv. Injury
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate $1,000,000
Combined Single Limit
Per Occurrence $1,000,000
Each Occurrence _
Aggregate
Auto Only - Each Accident
Each Accident Aggregate
❑ 100%of the Total Contract Price
❑ 100% of the Total Material Costs
WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISA13I I.I I Y
EMPLOYERS' LIABILITY $500,000
COPIES OF
ARE REQUIRED
City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis.
ro include products ofcompleted operations endorsement.
Waiver ojsubrogation in favor of the City ojLubbock on all coverages, except
The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all
coverage's. All copies of the Certificates of Insurance shall reference the contract number for which the insurance is being
supplied.
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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.
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, nomenewal, 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.
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 and Contract Management
City of Lubbock
1625 13ih 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.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
l of l
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-39412
Date Filed:
04/13/2016
Date Acknowledged:
04/29/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Kutchins & Groh, LLC
Mansfield, TX United States
2 Name of governmental entity or state agency that is a party tot the contract for which the form is
being filed.
City of Lubbock
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods or other property to be provided under the contract
16-12756-SS
On -Call Consulting Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
x
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said , this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
l of l
Complete Nos. 1-4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parries.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number.
2016-39412
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Kutchins & Groh, LLC
Mansfield, TX United States
Date Filed:
04/13/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
16-12756-SS
On -Call Consulting Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Parry.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is We and correct
SAUL
My Commission Expires
April 30. 0, 2016 20i6
Signature of authorized agent of
contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
/
Sworn to and subscribed before me, by the said Br�+cl/Py C AV7/- +:'niAS , this the
20_&_, to certify which, witness my hand and seal of office.
15W day of br: /
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jrlla �Sry �!,I��L
Signature of officer administering oath Printed name of officer administering oath
Title of officer administering oath
roans provmea try i exas tuires Commission
Version V1.o.545