HomeMy WebLinkAboutSHANNON AND ASSOCIATES - CONTRACT - CONTRACT - IGA LOVELAND AIRPORT APPRAISE AIRCRAFT HANGERAGREEMENT
For Professional Services
THIS AGREEMENT ("Agreement') is made and entered
wt°- , 200-L by and between the CITY OF LOV:
home rule municipality ("Cities"), the CITY OF FORT COLLINS. C
municipality ("Fort Collins") (Loveland and Fort Collins collectively ra
SHANNON & ASSOCIATES ("Consultant')
WHEREAS, Cities are undertaking the following project al
Fort Collins/Loveland Municipal Airport at address 5266 Cessna
("Project'), and
WHEREAS, Cities desires to retain the services of Consultant to
set forth in this Agreement, and
WHEREAS, Consultant desires to provide those services to
NOW, THEREFORE, in consideration of the mutual
contained herein, the parties agree as follows
I Services Cities agree to retain Consultant to provide
Exhibit A, attached hereto and incorporated herein by reference ("Se
agrees to so serve Consultant warrants and represents that it has
capacity, experience, and expertise to perform the Services in comphan
this Agreement and all applicable laws and agrees to perform the Se
conditions set forth herein Cities reserves the right to omit any of t
Exhibit A upon written notice to Consultant
r
this day of
), COLORADO, a
ADO, a home rule
to as "Cities"), and
aircraft hangar at the
Loveland. Colorado
complete the Project as
and agreements
services set forth in
ces"), and Consultant
e requisite authority,
with the provisions of
ces on the terms and
Services identified in
2 Compensation Cities agree to pay Consultant a sum not to exceed of Three
Thousand Dollars ($3,000), as adjusted to reflect the deletion by Cities of any of the Services set
forth in Exhibit A Cities shall make payment upon receipt and approval of invoices submitted
by Consultant, which invoices shall be submitted to Cities not more frequently than monthly and
which shall identify the specific Services performed for which payment is requested
3 Term The Tenn of this Agreement shall be from the dater first written above until
August 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 Cities based on Cities' ability to
terminate this Agreement pursuant to "Termination " below Consultant acknowledges that
Cities have made no promise to continue to budget funds beyond the current fiscal year and that
Cores have and will pledge adequate cash reserves on a fiscal year -by -fiscal year basis
1 5 Monitoring and Evaluation Cities reserve 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 Cities and other applicable monitoring and evaluating
criteria and standards Consultant shall cooperate with Cities relating to such monitoring and
evaluation
Page 1 of 1,1�
EXHIBIT B
CERTIFICATE OF EXEMPTION FROM STATUTORY WORKERS'
COMPENSATION LAW AND ACKNOWLEDGEMENT OF
RISK/HOLD HARMLESS AGREEMENT
SHANNON & ASSOCIATES ("Consultant") certifies to the Cities of Loveland
("Cities") that it is a &� - 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),
it agrees to provide Cities with a Certificate of Insurance as required by the Agreement
indicating proof of statutory workers' compensation coverage on such persons prior to their start
of work for Cities.
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
Cities 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 Cities, and Consultant agrees to defend, indemnify, and
hold harmless Cities from all such claims.
CONSULTANT: SHANNOON &/ASSOCIATES
Bid
Title:
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing Certificate of Exemption From Statutory Workers' Compensation Law and
Acknowledgement of Risk/Hold Harmless Agreement was acknowledged before me this Z
day of N(1fi 200`7 by T\MQ� c�)V0�)0.
Witness my hand and offi
My Commission Expires
Page 10 of 1 l
EXHIBIT C
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, swear or affirm under penalty of perjury under the laws
of the State of Colorado that (check one)
am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law
I understand that this sworn statement is required by law because) I have applied
for a public benefit I 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, of 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
Signature
Date
INTERNAL USE ONLY Valid forms of identification
❑ ---current Colorado driver's 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*
l I ---original birth certificate from any state of the United States
I_I ---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
0 ---order of adoption by a U S court with seal of certification
IJ ---valid driver's license from any state of the U S or the Dist of Columbia excluding AK, HI, 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 I-551
stamp or visa, current foreign passport with I-94, I-94 with asylum status, unexpired Restdent Alien card, Permanent
Resident card or Employment Authorization card
*A waiver may be available where no identification exists or can be obtained due to a medical condition, homelessness,
or insufficient documentation to receive a Colorado I D or driver's license Contact your department director
Page 1 1 of 11
6 Cities Property Reports, surveys, maps, plans, drawings!
other tangible materials produced by Consultant pursuant to this Agreem%
considered Cities property
photographs, and any
nt shall at all times be
7 Independent Contractor The parties agree that Consultant shall be an
independent contractor and shall not be an employee, agent, or servant off Cities Consultant is
not entitled to workers' compensation benefits from Cities and is obligated to nav federal
8 Insurance Requirements
a Comprehensive General Liability Insurance Consultant shall procure and
keep in force during the duration of this Agreement a policy of comprehensive general
liability insurance insuring Consultant and naming Cities as an additional insured against
any liability for personal injury, bodily injury, or death arising out lof the performance of
the Services with at least One Million Dollars ($1,000,000) each occurrence The limns
of said insurance shall not, however, limit the liability of Consultant hereunder
b Comprehensive Automobile Liability Insurance Consultant shall procure
and keep in force during the duration of this Agreement a policy of comprehensive
automobile liability insurance insuring Consultant and naming Cities as an additional
insured against any liability for personal injury, bodily injury, or death arising out of the
use of motor vehicles and covering operations on or off the site of all motor vehicles
controlled by Consultant which are used in connection with the Project, whether the
motor vehicles are owned, non -owned, or hired, with a combined single limit of at least
One Million Dollars ($1,000,000) The limits of said insurance shall not, however, limit
the liability of Consultant hereunder
c Professional Liability Insurance If Consultant is i
surveyor, appraiser, physician, attorney, accountant, or other license
is customary in the trade or business in which Consultant is engages
liability insurance, or if Cities otherwise deems it necessary, Consu
keep in force during the duration of this Agreement a policy of
professional liability insurance insuring Consultant against any pro
a limit of at least One Million Dollars ($1,000,000) per claim and
limits of said insurance shall not, however, limit the liability of Con
d Terms of Insurance
(t) Insurance required by this Agreement shal
qualified to do business in the State of Colorado with a I
financial rating of not less than A+3A as set forth in the n
"Best's Insurance Reports" and may provide for deductible
deems reasonable for the Services, but in no event greater tl
Dollars ($20,000 00) No such policies shall be cancelable
in coverage limits or other modification except after thirty 1
notice to Cities Consultant shall identify whether the
"occurrence" or "claims made " If the type of coverage is
i architect, engineer,
I professional, or if it
to carry professional
ant shall procure and
;rrors and omissions
ssional liability with
nual aggregate The
iltant hereunder
be with companies
ieral policyholder's
st current edition of
counts as Consultant
n Twenty Thousand
subject to reduction
)) days prior written
ype of coverage is
laims made," which
Page 2 of 11
at renewal Consultant changes to "occurrence," Consu
month tad Consultant shall not do or permit to be
invalidate the policies
(it) The policies described in subparagraphs a
for the mutual and joint benefit and protection of Consu
policies shall provide that Cities, although named as an a
nevertheless be entitled to recovery under said policies for
it, its officers, employees, and agents by reason of neglig
officers, employees, agents, subcontractors, or business r
shall be written as primary policies not contributing to
coverage Cities may carry
e Workers' Compensation and Other Insurance
Agreement, Consultant shall procure and keep in force workers'
and all other insurance required by any applicable law If under
is not required to carry workers' compensation insurance, Const
an executed Certificate of Exemption From Statutory Workers'
Acknowledgement of Risk/Hold Harmless Agreement, which sl
Exhibit B and incorporated herein by reference
shall carry a six (6)-
anything that shall
and b above shall be
:ant and Cities Such
Iditional insured, shall
any loss occasioned to
nce of Consultant, its
vitees Such policies
and not in excess of
ring the term of this
npensation insurance
orado law Consultant
it shall provide Cities
mpensation Law and
be attached hereto as
f Evidence of Coverage Before commencing work under this Agreement,
Consultant shall furnish to Cities certificates of insurance policies I evidencing insurance
coverage required by this Agreement Consultant understands and agrees that Cities shall
not be obligated under this Agreement until Consultant furnisheIs such certificates of
insurance
g Subcontracts Consultant agrees to include the u
forth in this Agreement in all subcontracts Cities shall hold
the event any subcontractor fails to have insurance meeting the
this Agreement Cities reserves the right to approve var
requirements applicable to subcontractors upon joint written rec
Consultant if, in Cities's opinion, such variations do not sul
interests
9 Indemnification Consultant hereby covenants and agrees tc
hold harmless Cities, its officers, employees, and agents from any and al
charges, obligations, expenses, attorney's fees, litigation, judgments, d
demands of any kind whatsoever arising from or out of any negligent act
tortious conduct of Consultant, its officers, employees, or agents in
nonperformance of its obligations under this Agreement
10 Termination
nce requirements set
ultant responsible in
arements set forth in
is in the insurance
of subcontractor and
tially affect Cities's
indemnify, save, and
liability, loss, costs,
images, claims. and
or omission or other
the performance or
a Generally Cities may terminate this Agreement without cause if it
determines that such termination is in Cities' best interest Cities shall effect such
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 Cities, Cities shall be liable to pay
Page 3 of 11
Consultant for Services performed as of the effective date of termation, 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 Cities I
b For Cause If, through any cause, Consultant fails to fulfill its obligations
under this Agreement in a timely and proper manner, violates lany provision of this
shall Agreement, or violates any applicable law, Cities have the right to terminate this
Agreement for cause immediately upon written notice of termination to Consultant In
the event of such termination by Cities, Cities shall be liable to pay Consultant for
Services performed as of the effective date of termination, but Ishall 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 Cities for any damages sustained by Cities by vutue of
any breach of this Agreement, and Cities may withhold paymentl to Consultant for the
purposes of setoff until such time as the exact amount of damages due to Cities 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 l 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 witli 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 I
c Consultant hereby certifies that it has verified orl 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 proceddres to undertake pre-
employment screening of lob 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
(1) notify the subcontractor and Cities within three (3) days that
Consultant has actual knowledge that the subcontractor is employing or
contracting with an illegal alien, and
Page 4 of 11
(n) 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 Iin the course of an
investigation that the Department is undertaking pursuant to the authority established in
C R S Article 17 5 1
g If Consultant violates this paragraph, Cities may terminate this Agreement
for breach of contract If this Agreement is so terminated, Consultant shall be liable for
actual and consequential damages to Cities
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
(Q complete the affidavit attached to this Agreement as Exhibit C
(it) 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 he/sNe is an alien lawfully
present in the United States, Cities shall verify his/her lawful presence through the federal
systematic alien verification or entitlement program, known as ttie "SAVE Program,"
operated by the U S Department of Homeland Security or a successor program
designated by said department In the event Cities determines through such verification
process that Consultant is not an alien lawfully present inthe United States, Cities 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 etsey
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 ithout Cities' prior
written consent
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
Page 5 of 11
17 Survival Clause The "Indemnification" provision set
shall survive the completion of the Services and the satisfaction, expirat
Agreement
18 Entire Agreement This Agreement contains the entire
relating to the subject matter hereof and, except as provided herein,
amended except by written agreement of the parties
19 Severability In the event a court of competent jurisdiction
this Agreement invalid or unenforceable, such holding shall not
unenforceable any other provision of this Agreement
20 Headings Paragraph headings used in this Agreement
reference and shall in no way control or affect the meaning or mterpreU
this Agreement
21 Notices Written notices required under this Agref
correspondence between the parties shall be directed to the tollowing
received when hand -delivered or three (3) days after being sent by certifi
requested
If to Cities David Gordon
City of Loveland
4900 Earhart Road
Loveland, CO 80537
If to Consultant Donald Shannon
Shannon & Associates
215 West Oak Street, Suite 501
Fort Collins, Colorado 80521
22 Time of the Essence Consultant acknowledges that time is
Agreement Consultant's failure to complete any of the Services contempt
Term of this Agreement, or as may be more specifically set forth in Exhibll
breach of this Agreement
IN WITNESS WHEREOF, the parties have executed this
above written
th in this Agreement
or termination of this
=ent of the parties
not be modified or
any provision of
date or render
for convenience of
of any provision of
ant and all other
d shall be deemed
mad, tetum receipt
the essence of this
I herein during the
shall be deemed a
as of the date first
Page 6 of I I
CITY OF LOVELAND.
Title
ATTEST /lO
-.%`OF,LOVE,
City Clerk V<�yf'� •'% RO
APPROVED AS TO FORM = �7�iL�l►�
Assistant City Attorney ,cOLORP9��`��
„n
�01F•FoRTCO CITY OF
S A y f1BY
X
Title
City Clerk
APPROVED;�TO ORM
Assistant C`1ty Attorney
STATE OF COLORADO
COUNTY OF
701
INS, COLORADO
CONSULTANT SHANNON &
Title
ss
TES
The foregoing Agreement was acknowledged before me this 7 day of
W t kA , 2001 by nano.\ti ShOcNsv�esv�
Witness my hand and official seal.
My commission expires 3�
Page 8 of 11
EXHIBIT A
SCOPE OF SERVICES
Preparation of a written appraisal of property located at 5266 Cessna Drive, Loveland,
Colorado. The Appraisal is to develop an opinion of value for the subject
property at its highest and best use.
The property consists of one aircraft hangar at the Fort
Airport.
Municipal
Page 9 of 11