HomeMy WebLinkAboutCARTER BURGESS - CONTRACT - CONTRACT - PASSENGER FACILITY CHARGEAGREEMENT
For Professional Services
THIS AGREEMENT ("Agreement") is made and entered into this y� day of
, 2004, nunc pro tunc July 1, 2004, by and between the CITY OF LOVELAND,
C ORADO, 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 "Owner"), and CARTER BURGESS ("Consultant").
WHEREAS, Owner desires to retain the services of Consultant to complete the
Passenger Facility Charge Application ("Project") as set forth in this Agreement; and
WHEREAS, Consultant desires to provides those services to Owner.
NOW, 'I'HEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
1. Services. Owner 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. Owner reserves the right to omit any of the Services identified in
Exhibit A upon written notice to Consultant.
2. Compensation. Owner agrees to pay Consultant a sum not to exceed Seven
Thousand Five Hundred Dollars ($7,500), as adjusted to reflect the omission by Owner of any
of the Services set forth in Exhibit A. Owner shall make payment upon receipt and approval of
invoices submitted by Consultant, which invoices shall be submitted to Owner 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
August 31, 2005, 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. Owner 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 Owner's and other applicable monitoring and evaluating
Page 1 of 8
Carter: -Burgess
June 21, 2004
Mr. David Gordon, Airport Manager
Cities of Fort Collins and Loveland
Fort Collins -Loveland Municipal Airport
4900 Earhart Road
Loveland, CO 80538
Dear Dave:
707 17th Street, Suite 2300
Denver, Colorado 80202-3404
Phone. 303.820.5240
Fox 303 820 2402
wviw.c-h. corn
I have completed a review of your past Airport Improvement Program (AIP) projects, and your
Capital Improvement Plans for the next two years and have developed a recommendation for a
new Passenger Facility Charge (PFC) application. For past AIP projects I looked for projects
where the sponsor has not collected PFC revenue to cover the sponsor share of project costs.
The only old AIP work where the sponsor share has not been funded with PFC revenue is "Phase
II and Phase III" of the Runway 15/33 Rehabilitation. The AIP projects involved were AIP-14,
FY97, and AIP-15, FY99. It appears that you could collect approximately $85,000 in PFC
revenue to cover the sponsor share of these grants.
I also reviewed your development plans for the next two years and two projects would be good
candidates for PFC projects. The first is the sponsor share of the upcoming Air Carrier Apron
Rehabilitation and Electric Gate project. The second project, Improved Airport Lighting
Controls, is a small development item that could be funded solely with PFC funds. The
approximate PFC funds involved in these projects would be $57,000 and $50,000 respectively.
Detailed costs estimates when available may change these amounts slightly.
The total PFC application would be for approximately $192,000 and would cover about 19
months of collection at your current level of enplanements.
In order to not interrupt PFC collections, we need to meet the following schedule:
1. Send Notice to Air Carriers
June 28, 2004
2. Hold Air Carrier Consultation Meeting
July 28, 2004
3. Submit PFC application
August 28, 2004
4. Proposed FAA approval date
December 28, 2004
5. Notify Carriers of Approval
December 29, 2004
6. Charge Effective Date
March 1, 2005
The Charge Effective Date of March 1, 2005 should coincide with the expiration of your current
PFC project and there should be no interruption in collection.
Carter & Burgess, Inc. Cartel & Burgess Architects/Engineers, Inc. Carter & Burgess Consultants, Inc. C&B Architects/Engineers, Inc. 1
C&B Architects/Engineers, PC C&B Nevada, Inc. Nixon & Laird Architects/Engineers, P.C.
For a lump sum fee of $7,500.00, Carter & Burgess will complete the following tasks:
• Prepare Written Notice to Carriers of the Consultation Meeting
• Prepare Handout Package for Air Carrier Consultation Meeting
• Prepare Application Package
• Prepare Response to Federal Register Comments
• Prepare Notification of Carriers letter after PFC approval
If you choose to include work in the application that is different than that recommended above,
our lump sum fee would remain at $7,500.00.
You can contact me at 303 841-0755 or 303 548-0176 (cell) if you have any questions.
Sincerely,
Alan Wiechmann
Senior Consultant
AW/aw
Carter & Burgess, Inc. Carter & Burgess Architects/Engineers, Inc. Carter & Burgess Consultants, Inc.
C&B Architects/Engineers, Inc. C&B Architects/Engineers, P.C. C&B Nevada, Inc. 2
ACORDT. CERTIFICATE OF LIABILITY INSURANCE
DATE9//08/04Y)
PRODUCER
Will. Rigg CO.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
777 Main Street, Suite C-50
Fort Worth, TX 76102-5333
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
81 7-820-8100
INSURERS AFFORDING COVERAGE
INSURED
Carter &Burgess, Inc.
707 17th Street, Suite 2300
Denver, CO 80202
INSURER A: American Zurich Ins Co
INSURER e: Sentry Ins a Mutual Co
INSURER C: Great American Ins. Co
INSURER D: American Guarantee & Liab
INSURER E:
COVFRAGFS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DDIYYI
POLICY EXPIRATION1TIL
DATE IMMIDDNY)
3/31/05
LIMITS
EACH OCCURRENCE
$ 1000000
A
GENERAL LIABILITY
CP03981552-01
3/31/04
FIRE DAMAGE (Any one fire)
$ 50000
X COMMERCIAL GENERAL LIABILITY
Blanket Addl.lnsd
CLAIMS MADE LRI OCCUR
& Blkt. Waiver Of
IVIED EXP (Any one perwn)
$ 5000
PERSONAL & ADV INJURY
$ 1000000
Subrogation as
GENERAL AGGREGATE
$ 2000000
Required by
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2000000
Written Contract.
POLICY X JECT LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
BAP3981554-02
Blanket Addl.lnsd
3/31/04
3/31/05
COMBINED SINGLE LIMIT
(Ea accident)
$ 1000000
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
& Blanket Waiver
of Subrogation as
X
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
Required by
written contract
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY
X OCCUR CLAIMS MADE
UMB9310317-01
COMPANY D
3/31/04
3/31/05
EACH OCCURRENCE
$ 3000000
AGGREGATE
$ 3000000
$ 22000000
TUE3577730-04=
Each Occur.
$ 22000000
DEDUCTIBLE
COMPANY C
Aggregate
s
X RETENTION s 10000
EXCESS LIABILITY
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
90-05811
incl Blkt Waiver
3/31/04
3/31/05
X W Y Air % li
E.L. EACH ACCIDENT
$ 1000000
E.L. DISEASE - EA EMPLOYEE
$ 1000000
of Subrogation
E.L. DISEASE - POLICY LIMIT
$ 1000000
per Contract
A
OTHER
CP03981552-01
3/31/04
3/31105
PROPERTY, SPECIAL
BLDG, BPP & VALUABLE PAPERS
80% CO INS. RC
$41 974 150 $25 000 PROP.DED.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
ATTN: DAVID GORDON, AIRPORT MANAGER. PROJECT NO. H99207.000.0.0000.
THE CITY OF FORT COLLINS AND THE CITY OF LOVELAND ARE INCLUDED AS
ADDITIONAL INSURED ON THE AUTO AND GENERAL LIABILITY.
FORM 930008 ED 7-92 ATTACHED
FORT COLLINS-LOVELAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
MUNICIPAL AIRPORT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
4900 EARHART ROAD IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
LOVELAND, CO 80538 REPRESENTAT
ACORD 25-S
fa A(,r)Rn (].n PPr)RATIr)N 19RR
criteria and standards. Consultant shall cooperate with Owner 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 Owner's property.
7. Independent Contractor. The parties agree that Consultant shall be an
independent contractor and shall not be an employee, agent, or servant of Owner. Consultant is
not entitled to workers' compensation benefits from Owner and is obligated to nay federal
and state income tax on any money earned pursuant to this Agreement.
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 Loveland and Fort Collins as an
additional insureds against any liability for personal injury, bodily injury, or death
arising out of the performance of the Services with at least One Million Dollars
($1,000,000) each occurrence. The limits 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 Loveland and Fort
Collins as an additional insureds 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 an architect, engineer,
surveyor, appraiser, physician, attorney, accountant, or other licensed professional, or if it
is customary in the trade or business in which Consultant is engaged to carry professional
liability insurance, or if Loveland and Fort Collins otherwise deems it necessary,
Consultant shall procure and keep in force during the duration of this Agreement a policy
of errors and omissions professional liability insurance insuring Consultant against any
professional liability with a limit of at least One Million Dollars ($1,000,000) per claim
and annual aggregate. The limits of said insurance shall not, however, limit the liability
of Consultant hereunder.
d. Terms of Insurance.
(i) Insurance required by this Agreement shall be with companies
qualified to do business in the State of Colorado with a general policyholder's
Page 2 of 8
financial rating of not less than A+3A as set forth in the most current edition of
"Best's Insurance Reports" and may provide for deductible amounts as Consultant
deems reasonable for the Services, but in no event greater than Twenty Thousand
Dollars ($20,000). No such policies shall be cancelable or subject to reduction
in coverage limits or other modification except after thirty (30) days prior
written notice to Owner. Consultant shall identify whether the type of coverage
is "occurrence" or "claims made." If the type of coverage is "claims made,"
which at renewal Consultant changes to "occurrence," Consultant shall carry a six
(6)-month tail. Consultant shall not do or permit to be done anything that shall
invalidate the policies.
(ii) The policies described in subparagraphs a. and b. above shall be
for the mutual and joint benefit and protection of Consultant and Owner. Such
policies shall provide that Loveland and Fort Collins, although named as an
additional insureds, shall nevertheless be entitled to recovery under said policies
for any loss occasioned to them, their officers, employees, and agents by reason of
negligence of Consultant, its officers, employees, agents, subcontractors, or
business invitees. Such policies shall be written as primary policies not
contributing to and not in excess of coverage Loveland or Fort Collins may carry.
e. Other Insurance. During the term of this Agreement, Consultant shall
procure and keep in force workers' compensation insurance and all other insurance
required by any applicable law.
f. Evidence of Coverage. Before commencing work under this
Agreement, Consultant shall furnish to Owner certificates of insurance policies
evidencing insurance coverage required by this Agreement. Consultant
understands and agrees that Owner shall not be obligated under this Agreement
until Consultant furnishes such certificates of insurance.
g. Subcontracts. Consultant agrees to include the insurance requirements set
forth in this Agreement in all subcontracts. Owner shall hold Consultant responsible in
the event any subcontractor fails to have insurance meeting the requirements set forth in
this Agreement. Owner reserves the right to approve variations in the insurance
requirements applicable to subcontractors upon joint written request of subcontractor and
Consultant if, in Owner's opinion, such variations do not substantially affect Owner's
interests.
9. Indemnification. Consultant hereby covenants and agrees to indemnify, save, and
hold harmless Owner, 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 breach of contract or 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.
Page 3 of 8
10. Termination.
a. Generally. Owner may terminate this Agreement without cause if it
determines that such termination is in Owner's best interest. Owner shall effect such
termination by giving written notice of termination to Consultant, specifying the effective
date of termination, at least thirty (30) calendar days prior to the effective date of
termination. In the event of such termination by Owner, Owner 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 Owner.
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, Owner 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 Owner, Owner 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 Owner for any damages sustained by Owner by virtue
of any breach of this Agreement, and Owner may withhold payment to Consultant for the
purposes of setoff until such time as the exact amount of damages due to Owner from
Consultant is determined.
11. 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.
12. Assignability. Consultant shall not assign this Agreement without Owner's prior
written consent.
13. 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.
14. 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.
15. 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.
16. 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.
Page 4 of 8
17. 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.
18. 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 Owner: Name:
David Gordon
Title:
Airport Director
Fort Collins -Loveland Airport
Address:
4900 Earhart Road
Loveland, CO 80537
If to Consultant: Name:
Alan Wiechmann
Title: Senior Consultant
Carter Burgess Ems, Inc.
Address: 707 17`h Street, Suite 2300
Denver, Colorado 80202
19. 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
Term of this Agreement, or as may be more specifically set forth in Exhibit A, shall be deemed a
breach of this Agreement.
20. Counterpart Signatures. tures. This Agreement may be executed in any number of
counterpart copies. The signature page from each counterpart copy may be removed therefrom
and attached to the original Agreement.
(Remainder of page left intentionally blank)
Page 5 of 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
��� CITY OF LOVELAND, COLORADO
S By: --
A,
Title: r VU6/
ATTES
_► / C ty erk
APPROVED AS TO FORM:
(- &fW
City Attorney144-
(Remainder of page left intentionally blank)
Page 6of8
CITY OF FORT COLLINS,
1is C✓irn e f 1
Title: � .,
ATTEST:
�Kl W-.
City Clerk ,•
APPRr1='4-
City Atto ey, fi_x y-
(Remainder of page left intentionally blank)
Page 7 of 8
CON
LOW
Title:
STATE OF COLORADO
) ss.
COUNTY OF
The foregoing greement was acknowled ed before me this y—� day of
Ais , 200 q r! ► by M*.r . JAI b as Yr_ �rsl.%nrT
Witness my hand and official seal.
My commission expires{if oei
�: _ Notary Public
ffNOTARY
ON A. MAGLISCHO
PUBLICATE OF COLORADO
My COmmiselon Expires 05/15/2006
Page 8 of 8
EXHIBIT A
SERVICES