HomeMy WebLinkAboutSCOTT CONSULTING - CONTRACT - CONTRACT - TWO FEE ESTIMATES FAA PROJECTSAGREEMENT
For Professional Services
THIS AGREEMENT ("Agreement") is made and entered into this GOA day of
L , 20071 by and between the CITY OF LOVELAND, COLORADO, a
home rule municipality ("Loveland"), the CITY OF FORT COLLINS, COLORADO, a home
rule municipality ("Fort Collins") (Loveland and Fort Collins collectively referred to as "City"),
and SCOTT CONSULTING ("Consultant").
WHEREAS, City is undertaking the following project: Independent Fee Estimate for the
FAA ALP 21 project at Airport ("Project"); and
WHEREAS, City desires to retain the services of Consultant to complete the Project as
set forth in this Agreement; and
WHEREAS, Consultant desires to provide those services to City.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
1. Services. City agrees to retain Consultant to provide the services set forth in
Exhibit A, attached hereto and incorporated herein by reference ("Services"), and Consultant
agrees to so serve. Consultant warrants and represents that it has the requisite authority,
capacity, experience, and expertise to perform the Services in compliance with the provisions of
this Agreement and all applicable laws and agrees to perform the Services on the terms and
conditions set forth herein. City reserves the right to omit any of the Services identified in
Exhibit A upon written notice to Consultant.
2. Compensation. City agrees to pay Consultant a sum not to exceed of Two
Thousand Five Hundred Dollars ($2,500), as adjusted to reflect the deletion by City of any of the
Services set forth in Exhibit A. City shall make payment upon receipt and approval of invoices
submitted by Consultant, which invoices shall be submitted to City not more frequently than
monthly and which shall identify the specific Services performed for which payment is
requested.
3. Term. The Term of this Agreement shall be from the date first written above until
December 31, 2007, unless extended by written agreement of the parties.
4. Appropriation. The parties agree and acknowledge that this Agreement does not
constitute a multiple fiscal year debt or financial obligation of Loveland or Fort Collins based on
their ability to terminate this Agreement pursuant to "Termination," below. Consultant
acknowledges that neither Loveland nor Fort Collins has promised to continue to budget funds
beyond the current fiscal year and that Loveland and Fort Collins have and will pledge adequate
cash reserves on a fiscal year -by -fiscal year basis_
5. Monitoring and Evaluation. City reserves the right to monitor and evaluate the
progress and performance of Consultant to ensure that the terms of this Agreement are being
satisfactorily met in accordance with City's and other applicable monitoring and evaluating
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EXHIBIT A
SCOPE OF SERVICES
Services shall include the preparation of two Independent Fee Estimates, IFE, for work
associated with the FAA AIP 21 Grant project. The FAA Grant is estimated to be in the amount
of 1 million dollars.
Specific work shall include preparation of two detailed Independent Fee Estimates.
The first IFE will be associated with the Design Services for the FAA project.
The second IFE will be associated with the Special Services to provide Field Engineering
associated with the FAA project.
Page 10 of 1 1
S
EXHIBIT B
CERTIFICATE OF EXEMPTION FROM STATUTORY WORKERS,
COMPENSATION LAW AND ACKNOWLEDGEMENT OF
RISK/HOLD HARMLESS AGREEMENT
SCOTT CONSULTING ("Consultant") certifies to the City of Loveland ("City") that it is
a sole proprietorship and therefore exempt from the provisions of the Colorado Workers'
Compensation Act.
If Consultant subsequently employs any person to perform the Services (other than
subcontractors, which are not considered employees for the purposes of workers' compensation),
proof of statutory
it agrees cate of Insurance as required by the Agreement indicating
atutory workers' provide City with a Certificate
compensation coverage on such persons prior to their start of work
for City.
Consultant acknowledges that it will be engaging in activities which exposes it to the risk
of bodily injury, that it is physically capable of performing the activities, and that all necessary
precautions to prevent injury to Consultant and others will be taken. Consultant shall not hold
City liable for any injuries sustained, by it or others, which may arise out of or in the course of
the work performed for or on behalf of City, and Consultant agrees to defend, indemnify, and
hold harmless City from all such claims.
CONSULTANT: SCOTT CONSULTING
By: —\
Title:
STATE OF COLORADO )
COUNTY OF Ajv S ) ss.
The foregoing Certificate of Exemption From Statutory Workers' Compensation Law and
Acknowledgement of Risk/Hold Harmless Agreement was acknowledged before me this
day of _ fir % 2007 by Scott Fredericksen.
Witness my hand and official seal.
My Commission Expires 20 N W 2-00 -1
'E,Cs�tii; ti Notary PubliC6y c
e ssB
C)/ 0
(fir CaV0
Page 11 of 11
EXHIBIT C
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I f , swear or affirm under penalty of perjury under the laws
of the State of Colorado that (heck one):
I am a United States citizen, or
I am a Pennanent Resident of the United States, or
1 am lawfully present in the United States pursuant to Federal law.
1 understand that this sworn statement is required by law because t have applied
for a public benefit. 1 understand that state law requires me to provide proof that I am
lawfully present in the United States prior to receipt of this public benefit. I further
acknowledge that making a false, fictitious, or fraudulent statement or representation in
this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the
second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
Sig atur
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Dat
INTERNAL USE ONLY Valid forms of identification
---current Colorado drivers license, minor driver's license. probationary driver's license, commercial driver's
license, restricted driver's license, instruction permit
---current Colorado identification card
--U.S. military card or dependent identification card
---U.S. coast guard merchant mariner card
Native American tribal document
The following forms of identification may be accepted through February 28, 2007*
---original birth certificate from any state of the United States
---certificate verifying naturalized status by U.S. with photo and raised seal
---certificate verifying U.S. citizenship by U.S. government. e.g.. U.S. passport
---order of adoption by a U.S. court with seal of certification
---valid drivers license from any state of the U.S. or the Dist. of Columbia excluding AK, fIf. IL. MD, MI, NE, NM,
NC, OR, TN, TX. UT. VT and WI
---valid immigration documents demonstrating lawful presence_ e.g., current foreign passport with current 1-551
stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired Resident Alien card, Permanent
Resident card or Employment Authorization card
*A waiver ma_v be available where no identification exists or can be obtained due to a medical condition, homelessness,
or insufficient documentation to receive a Colorado LD_ or drivers license. Contact your department director.
criteria and standards. Consultant shall cooperate with City relating to such monitoring and
evaluation.
6. City Property. Reports, surveys, maps, plans, drawings, photographs, and any
other tangible materials produced by Consultant pursuant to this Agreement shall at all times be
considered City property.
7. Independent Contractor. The parties agree that Consultant shall be an
independent contractor and shall not be an employee, agent, or servant of City. Consultant is
not entitled to workers' compensation benefits from City and is obligated to pay federal
and state income tax on any money earned pursuant to this Agreement.
a. Comprehensive General Liability Insurance. Consultant shall procure d
keep force during the duration of this Agreement a policy of comprehensive eral
liability ' surance insuring Consultant and naming Loveland and Fort Colli as an
additiona insureds against any liability for personal injury, bodily inju , or death
arising out the performance of the Services with at least One M' ion Dollars
($1,000,000) e h occurrence. The limits of said insurance shall not, ever, limit the
liability of Consu nt hereunder.
b. Com r ensive Automobile Liability Insurance/Consultant shall procure
and keep in force duri\useo
tion of this Agreement policy of comprehensive
automobile liability inccring Consultant and aming Loveland and Fort
Collins as an additiongainst any liability or personal injury, bodily injury,
or death arising out of ttor vehicles and vering operations on or off the site
of all motor vehicles cConsultant ich are used in connection with the
Project, whether the motor vehicles re
single limit of at least One Million
shall not, however, limit the liability of I
non -owned, or hired, with a combined
($1,000,000). The limits of said insurance
Itant hereunder.
C. Professional LiabiliV Insuranc If Consultant is an architect, engineer,
surveyor, appraiser, physician, a rney, account t, or other licensed professional, or if it
is customary in the trade or b mess in which Con tant is engaged to carry professional
liability insurance, or if oveland and Fort Colli otherwise deems it necessary,
Consultant /egate.
nd keep in force during the d tion of this Agreement a policy
of errors anprofessional liability insurance i uring Consultant against any
professionaa limit of at least One Million Do rs ($1,000,000) per claim
and annuaThe limits of said insurance shall not, wever, limit the liability
of Consulta
Terms of Insurance.
(i) Insurance required by this Agreement shall be w companies
qualified to do business in the State of Colorado with a general po cyholder's
financial rating of not less than A+3A as set forth in the most current ition of
`Best's Insurance Reports' and may provide for deductible amounts as Co ultant
deems reasonable for the Services, but in no event greater than Twenty Thousand
Page 2 of I I
ollars ($20'000). No such policies shall be cancelable or subject to reductio
I n overage limits or other modification except after thirty (30) days p or
writ n notice to City. Consultant shall identify whether the type of cove ge is
"occu nee'' or "claims made." If the type of coverage is "claims mad which
at renew Consultant changes to "occurrence," Consultant shall ca a six (6)-
month tail. Consultant shall not do or permit to be done anyt . g that shall
invalidate the olicies.
(ii) Th policies
described in subparagraphs a. d b. above shall be
for the mutual and Loint benefit and pro/ee0e
Con tant and City. Such
policies shall provide that Loveland andli although named as an
additional insureds, sha nevertheless be cove]
under said policies
for any loss occasioned to em, their officyees, and agents by reason of
negligence of Consultant, officers, , agents, subcontractors, or
business invitees. Such po ' ies shalln as primary policies not
contributing to and not in excess coverad or Fort Collins may carry.
e_ workers lompcnsatlon
Agreement, Consultant shall procure and
and all other insurance required by any a
is not required to carry workers' com e1
ier Insurance. During the term of this
force workers' compensation insurance
e aw. If under Colorado law Consultant
ins ance, Consultant shall provide City
an executed Certificate o/hern
From Statutory\polici
Compensation Law and
Acknowledgement of Riless Agreemenall be attached hereto as
Exhibit B and incorporateference.f. Evidence Before communder this Agreement,
Consultant shall furnis to City certificates of insurevidencing insurance
coverage required b is Agreement. Consultant ungreen that City shall
not be obligated der this Agreement until Consuhes ch certificates of
insurance.
g. Subcontracts. Consultant agrees to include the insurance req rements set
/Agent.
s Agreement in all subcontracts. City shall hold Consultant reapon .ble in the
ubcontractor fails to have insurance meeting the requirements set fo in this
City reserves the right to approve variations in the insurance requir ents
o subcontractors upon joint written request of subcontractor and Consultaifin Citys opinion, such variations do not substantially affect City's interests.
' 9. Indemnification. Consultant hereby covenants and agrees to indemnify, save, and
hold harmless City, its officers, employees, and agents from any and all liability, loss, costs,
charges, obligations, expenses, attorney's fees, litigation, judgments, damages, claims, and
demands of any kind whatsoever arising from or out of any negligent act or omission or other
tortious conduct of Consultant, its officers, employees, or agents in the performance or
nonperformance of its obligations under this Agreement.
10. Termination.
a. Generally. City may terminate this Agreement without cause if it
determines that such termination is in City's best interest. City shall effect such
Page 3 of l I
termination by giving written notice of termination to Consultant, specifying the effective
date of termination, at least fourteen (14) calendar days prior to the effective date of
termination. In the event of such termination by City, City shall be liable to pay
Consultant for Services performed as of the effective date of termination, but shall not be
liable to Consultant for anticipated profits. Consultant shall not perform any additional
Services following receipt of the notice of termination unless otherwise instructed in
writing by City.
b. For Cause. If, through any cause, Consultant fails to fulfill its obligations
under this Agreement in a timely and proper manner, violates any provision of this
Agreement, or violates any applicable law, City shall have the right to terminate this
Agreement for cause immediately upon written notice of termination to Consultant. In
the event of such termination by City, City shall be liable to pay Consultant for Services
performed as of the effective date of termination, but shall not be liable to Consultant for
anticipated profits. Consultant shall not perform any additional Services following
receipt of the notice of termination. Notwithstanding the above, Consultant shall not be
relieved of liability to City for any damages sustained by City by virtue of any breach of
this Agreement, and City may withhold payment to Consultant for the purposes of setoff
until such time as the exact amount of damages due to City from Consultant is
determined.
11. Work By Illegal Aliens Prohibited. This paragraph shall apply to all Consultants
whose performance of work under this Agreement does not involve the delivery of a specific end
product other than reports that are merely incidental to the performance of said work.
a. Consultant hereby certifies that, as of the date of this Agreement, it does
not knowingly employ or contract with an illegal alien and that Consultant has
participated or attempted to participate in the basic pilot employment verification
program as defined in C.R.S. § 8-17.5-101(1) ("Program") in order to verify that it does
not employ illegal aliens.
b. Consultant shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a subcontractor that
fails to certify to Consultant that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement.
C. Consultant hereby certifies that it has verified or attempted to verify
through participation in the Program that Consultant does not employ any illegal aliens
and, if Consultant is not accepted into the Program prior to entering into this Agreement,
that Consultant shall apply to participate in the Program every three (3) months until
Consultant is accepted or this Agreement has been completed, whichever is earlier.
d. Consultant is prohibited from using Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
e. If Consultant obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien,
Consultant shall be required to:
Page 4 of 11
(i) notify the subcontractor and City within three (3) days that
Consultant has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(ii) terminate the subcontract with the subcontractor if within three (3)
days of receiving the notice required pursuant to this subparagraph the
subcontractor does not stop employing or contracting with the illegal alien; except
that Consultant shall not terminate the contract with the subcontractor if during
such three (3) days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
f. Consultant shall comply with any reasonable request by the Colorado
Department of Labor and Employment ("Department") made in the course of an
investigation that the Department is undertaking pursuant to the authority established in
C.R.S. Article 17.5.
g. If Consultant violates this paragraph, City may terminate this Agreement
for breach of contract. If this Agreement is so terminated, Consultant shall be liable for
actual and consequential damages to City.
12. Compliance with C.R.S. § 24-76.5-103.
a. If Consultant is a natural person (i.e., not a corporation, partnership, or
other legally -created entity) 18 years of age or older, he/she must do the following:
(i) complete the affidavit attached to this Agreement as Exhibit C.
(ii) attach a photocopy of the front and back of one of the valid forms
of identification noted on Exhibit C.
b. If Consultant executes the affidavit stating that be/she is an alien lawfully
present in the United States, City shall verify his/her lawful presence through the federal
systematic alien verification or entitlement program, known as the "SAVE Program,"
operated by the U.S. Department of Homeland Security or a successor program
designated by said department. In the event City determines through such verification
process that Consultant is not an alien lawfully present in the United States, City shall
terminate this Agreement and shall have no further obligation to Consultant hereunder.
13. Governmental Immunity Act. No term or condition of this Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C.R.S. §§
24-10-101 et seq.
14. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado, and venue shall be in the County of Larimer, State of Colorado.
15. Assignability. Consultant shall not assign this Agreement without City's prior
written consent.
Page 5 of I 1
16. Binding Effect. This Agreement shall be binding upon, and shall inure to the
benefit of, the parties hereto and their respective heirs, personal representatives, successors, and
assigns.
17. Survival Clause. The "Indemnification" provision set forth in this Agreement
shall survive the completion of the Services and the satisfaction, expiration, or termination of this
Agreement.
18. Entire Agreement. This Agreement contains the entire agreement of the parties
relating to the subject matter hereof and, except as provided herein, may not be modified or
amended except by written agreement of the parties.
19. Severability. In the event a court of competent jurisdiction holds any provision of
this Agreement invalid or unenforceable, such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
20. Headings. Paragraph headings used in this Agreement are for convenience of
reference and shall in no way control or affect the meaning or interpretation of any provision of
this Agreement.
21. Notices. Written notices required under this Agreement and all other
correspondence between the parties shall be directed to the following and shall be deemed
received when hand -delivered or three (3) days after being sent by certified mail, return receipt
requested:
If to City: David Gordon, Airport Manager
City of Loveland
4900 Earhart Road
Loveland, CO 80537
If to Consultant: Scott Fredericksen
SCOTT CONSULTING
16012 Parkside Drive
Parker, Colorado 80134
22. Time of the Essence. Consultant acknowledges that time is of the essence of this
Agreement. Consultant's failure to complete any of the Services contemplated herein during the
Tenn of this Agreement, or as may be more specifically set forth in Exhibit A, shall be deemed a
breach of this Agreement.
Page 6 of 11
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
%,OVE'L,gMO
J
00`�•
�h, COLO
ATTEST: PP �a
pn0nN
City Clerk
U� a-&, g g
City Attorney lAwk.
CITY OF LOVELAND, COLORADO
By:
Title: V
(Remainder of page left intentionally blank)
Page 7 of 1 I
City Clerk
CITY OF FORT COLLINS, COLORADO
By:
Title: or- pog
Axis,
(Remainder of page left intentionally blank)
Page 8 of 11
CONSULTANT: SCOTT CONSULTING
M.
Title:
STATE OF COLORADO )
ss.
COUNTY OF S )
The foregoing Agreement was acknowledged before me this 3 day of
-jNaO , 2007 by Scott Fredericksen.
Witness my hand and official seal.
My commission expires 2 aCOI
Notary Pub i
Cig`�UPa
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