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Home My WebLink AboutResolution - 2016-R0183 - Garver LLC - 05/26/2016Resolution No.2016-R0183 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 12868 to provide professional On-Call Consulting Services at Lubbock Preston Smith International Airport,by and between the City of Lubbock and Garver,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: <Jb>s *<-*- Rebecca Garza, City Secreta' APPROVED AS TO CONTENT: ^tJkJY tVmnVlA- Kelly Campbell,Executive Director of Aviation APPROVED AS TO FORM: RES.Prof Serv Contract #12868-Garver,LLC 5.11.16 Resolution No. 2016-RO183 City of Lubbock, TX On -Call Consulting Services Service Agreement Contract 12868 This Service Agreement (this "Agreement") is entered into as of the 26'n day of May. 2016 ("Effective Date") by and between Garver, 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 term 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 Parry, 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 ftom 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. APE, MAYOR ATTEST: 2 "'k Reb ca Garza, City Secret APPROVED AS TO CONTENT: Kelly Campbell, Executive Director of Aviation CONSULTANT: Consultant's S' ature Printed Name Title Exhibit A City of Lubbock On -Call Consulting Services Request for Qualifications 16-12756-SS A. BACKGROUND Lubbock Preston Smith International 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 16-12756SSdoc REQUEST FOR QUALIFICATIONS Pngc 3 or 17 Exhibit B a- GARVER Lubbock Preston Smith International Airport Garver Hourly Rate Schedule Classification Rates Engineers l Architects E-1.............................................................................. S 113.00 E-2.............................................................................. S 128.00 E-3....................................................... I ...... I .... ........... S 158.00 E4.............................................................................. S 193.00 E-5 .............................................................................. S 224.00 E-8.............................................................................. S 293.00 E-7.............................................................................. $ 331.00 Planners I Environmental Specialist P-1.............................................................................. $ 134.00 P-2.............................................................................. S 161.00 P-3.............................................................................. $ 191.00 Designers D-1............................................................................. S 104.00 D-2............................................................................. S 119.00 D-3............................................................................. $ 141.00 D-4 ............................................................................. $ 166.00 Technicians T-1.............................................................................. $ 90.00 T-2.............................................................................. $ 118.00 T-3.............................................................................. $ 132.00 Surveyors S-1.............................................................................. $ 49.00 S-2.............................................................................. S 65.00 S-3.............................................................................. S 87.00 S-4.............................................................................. $ 127.00 S-5.............................................................................. $ 168.00 S-6.............................................................................. $ 196.00 2-Man Crew (Survey)...................................................... S 205.00 3-Man Crew (Survey)...................................................... $ 252.00 2-Man Crew (GPS Survey) ............................................... $ 229.00 3-Men Craw (GPS Survey) ............................................... $ 278.00 Construct n Observat an C-1............................................................................. S 99.00 C-2............................................................................. $ 125.00 C-3............................................................................. $ 141.00 C4............................................................................. $ 185.00 Managemen n Stratton M-1 $ 337.00 X-1.............................................................................. $ 64.00 X-2.............................................................................. S 86.00 X-3.............................................................................. 5 131.00 X4.............................................................................. S 156.00 X-5.............................................................................. S 172.00 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 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, 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 COMBINED SINGLE LIMIT GENERAL LIABILITY ® Commercial General Liability ❑ Other General Aggregate $1,000,000 ❑ Claims Made ® Occurrence Products-Comp/Op AGG X ❑ W/Heavy Equipment Personal & Adv. Injury ❑ To Include Products of Complete Operation Endorsements Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) PROFESSIONAL LIABILITY ® General Aggregate $1,000,000 AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos Combined Single Limit ❑ Scheduled Autos ❑ Hired Autos Per Occurrence $1,000,000 ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form Each Occurrence Aggregate GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident ❑ Each Accident Aggregate ❑ BUILDER'S RISK ❑ I00%ofthe Total Contract Price ❑ INSTALLATION FLOATER ❑ 100%of the Total Material Costs ❑ POLLUTION ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY $5jf1SNO OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis ® To include products ofcompleted operations endorsement. ® Waiver ofsubrogation in favor of the City of Lubbock 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. 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. 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, 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. 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 130' 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 loll Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-40675 Garver, LLC Frisco, TX United States Date Filed: 04/15/2016 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: 04/29/2016 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. To be awarded professional services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Parker, Bert Frisco, TX United States X Mclllwain, Frank Frisco, TX United States X Jones, Steve Frisco, TX United States X Holder, Jr. , Jerry Frisco, TX United States X Griffin, Mike Frisco, TX United States X Hoskins, Brock Frisco, TX United States X Williams, Dan Frisco, TX United States X 5 Check only if there is NO Interested Party. ❑ 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 Swom 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 loll Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-40875 Garver, LLC Frisco, TX United States Date Filed: 04/15/2016 2 Name of governmental entity or state agency that Is a parry tot 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. To be awarded professional services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) controlling Intermediary Parker, Bert Frisco, TX United States X Mclllwain, Frank Frisco, TX United States X Jones, Steve Frisco, TX United States X, Holder, Jr. , Jerry Frisco, TX United States X Griffin, Mike Frisco, TX United States X Hoskins, Brock Frisco, TX United States X Williams, Dan Frisco, TX United States X 5 Check only If there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affinn, under penalty of perjury, that the above disclosure is true and correct. a�r`°� H,C BRIANA NICOLE NICHre 4%ft Notary Public, State of Texas _?� !'�;+•• My Commission Expires July 18, 2018 Slgn ure of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE {' �• �e �-,i�^ Swo�n1 toand subscribed before me, by the said this the day of /1. 20, to certify which, witness my hand and seal of office. 2!�:: aot N l hb) ``lV V, AJf "/ Si ature of ofB r administering oath Printed name of officer administering oath Title of officer adman iering oath Forms nmvided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645