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Home My WebLink AboutFORT COLLINS AIRPORT - CONTRACT - GENERAL CORRESPONDENCE - AIRPORT PROCURMENT CONTRACTFIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement') is made and entered into this day of , 2006 by and between the CITIES OF LOVELAND AND FORT COLLINS, COLORADO, home rule municipalities ("Cities"), and LOHF SHAIMAN JACOBS HYMAN & FEIGER PC ("Consultant'). WHEREAS, the Cities and the Consultant entered into an Agreement for Professional Services dated January 13, 2006 for a project to/known as legal services for review of Airport Rules and Regulations and Airport Minimum Standards, preparation of an Ordinance related to the Fort Collins/Loveland Municipal Airport, as described in Exhibit A thereto, "Scope of Services," the ("Project'); and WHEREAS, Cities desire to amend the Agreement to expand the scope of services to be provided by Consultant to include assistance with drafting a form of Hangar Ground Lease for use by the Cities with respect to a contemplated hangar condominium project, and modifications to its standard form of Hangar Ground Lease, as set forth in Exhibit B to the Agreement, "Scope of Services," which is annexed to this First Amendment to Agreement (the "Amended Project'); and WHEREAS, Consultant desires to provide those services to Cities. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Services. Cities agree to retain Consultant to provide the services set forth in Exhibit B, attached hereto and incorporated herein by reference ("Services"), and Consultant agrees to so serve. Consultant warrants and represents that it has the requisite authority, capacities, experience, and expertise to perform the Services in compliance with the provisions of this First Amendment to Agreement and all applicable laws and agrees to perform the Services on the terms and conditions set forth herein. Cities reserve the right to omit any of the Services identified in Exhibit B upon written notice to Consultant. 2. Compensation. Cities agree to pay Consultant a sum not to exceed Two Thousand Nine Hundred Twenty Five ($2,925.00), as adjusted to reflect the omission by Cities of any of the Services set forth in Exhibit B. Cities shall make payment upon receipt and approval of invoices submitted by Consultant, which invoices shall be submitted to Cities not more frequently than monthly and which shall identify the specific Services performed for which payment is requested. 3. Term. The Term of this First Amendment to Agreement shall be from the date first written above until August 31, 2006, unless extended by written agreement of the parties. ATTEST: City Clerk 4. Terms of Agreement Apply. Except as provided above, the Agreement and each of its terms and conditions, and all Exhibits thereto, shall remain in full force and effect with respect to this First Amendment to Agreement, and shall not be amended hereby. WHEREOF, the parties have executed this Agreement as of the date first s CITY OF LOVELAND, COLORADO By: Title: FE Clerk APPROVED AS TO FORM: City Attorney`, CITY OF FORT COLLINS, COLORADO By: `' Title: " oe APPR ED =ASO City Attorn y� CONSULTANT: LOHF SHAIMAN JACOBS HYMAN & FEIGER PC By: Q�� ane M. Harm, Secretary STATE OF COLORADO 1 ss. CITY AND COUNTY OF DENVER The foregoing Agreement was acknowledged before me thday of April, 2006 by Jane M. Harm, as Secretary of the corporation. my hand and offic' 1 seal. ftission expires ,t4 0TAR Y PUBLIC ►Ay �0p�d$IEIf! �+! ilgR� 1� 9� 2 EXHIBIT B TO FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT LOHF SHAIMAN JACOBS HYMAN & FEIGER PC ATTORNEYS AT LAW 900 CHERRY TOWER 950 SOUTH CHERRY STREET DENVER, COLORADO 80246-2666 FACSIMILE 303.753.9997 TELEPHONE 303.753.9000 www.lohfshaiman.com J. MICHAEL MORGAN, ExT. 227 mmorgn0lohfshaiman.com ALSO ADMITTED IN WYOMING April 25, 2006 VIA FACSIMILE: (970) 962-2855 AND FIRST CLASS MAIL David Gordon, Airport Director Fort Collins/Loveland Airport 4900 Earhart Road Loveland, Colorado 80538 Re: Proposed Scope of Work for Legal Services Our File No: 5204.00 Dear Dave: Thank you for requesting a proposal for legal services regarding drafting and review of a hangar condominium ground lease, and modifications to the general hangar ground lease for the Fort Collins/Loveland Airports. We generally work on an hourly basis, and my hourly rate for airports is $195/hour. A copy of our firm's standard fee standards was previously provided. The actual hours worked will depend to some degree on the level of review desired by the Airport, and the level of back -and -forth discussion and re -writing that is encountered. With this in mind, my good faith time estimate is as follows: 1. Report, research, discussions and conference calls regarding hangar condominium ground lease: 8 hours. 2. Amendments based on negotiations with prospective tenant: 4 hours. 3. Modifications to standard form: 3 hours. David Gordon, Airport Director Fort Collins/Loveland Airport Re: Proposed Scope of Work for Legal Services April 25, 2006 Page 2 The above estimate assumes no on -site visits, attendance at Council meetings or direct negotiations with prospective tenants. Unless instructed in writing by the Airport, the high -end of the time range set forth above will be a "not to exceed" number of hours which is 15 hours. At a rate of $195 per hour, this equals a not to exceed amount of $2,925. I will do my best to efficiently draft, review and/or provide suggestions regarding the documents within the time limit established. I understand that you will be proposing a form of First Amendment to Professional Services Agreement for my signature, to which a copy of this proposal will be attached. Very truly yours, HYMAN & FEIGER PC ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID B DATE (MMIDD YYYY) LOHFS-1 1, 01 09 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cherry Creek Ins. Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Suite 500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5660 Greenwood Plaza Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Greenwood Village CO 80111 i Phone:303-799-0110 Fax:303-799-0156 INSURERS AFFORDING COVERAGE jNAIC# INSURER A: The Hartford Insurance Group 22357 INSURER B: Lohf Shaiman JacobsHyman etal INSURER c: Ms Anita CulligaV�J 950 S Cherry SL S9OO INSURER D: Denver CO 8D246 COVERAGES 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. LTR NF SR TYPE OF INSURANCE POLICY NUMBER E DATE MMIDDM/ POLICY EXPIRATION DATE MMIDDIYY LIMITS A. X 1-1 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE EXI OCCUR 34SBAGDO835 02/01/06 02/01/07 EACH OCCURRENCE $ 1000000 pREMISES(Eaoccurence) $500000 ^_ MED EXP (Any one Person) $ 10000 PERSONAL B ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT- LOC PRODUCTS - COMPIOP AGG $2000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 34SBAGD0835 02/01/06 02/01/07 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per Person) $ X BODILY INJURY (Per accident) $ X PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESSIUMBRELLA LIABILITY X OCCUR CLAIMSMADE DEDUCTIBLE X RETENTION $10000 34SBAGDO835 02/01/06 02/01/07 EACH OCCURRENCE $ 1000000 AGGREGATE $ 1000000 $ $ A COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? OFFICER/MEMBER describe S yes, describe under SPECIAL PROVISIONS below 34VMCFQ3566 02/01/05 02/01/06 WC UWORKERS TORT LIMITS ER E.L. EACH ACCIDENT $100000 E.L. DISEASE-EAEMPLOYEE $ 100000 E.L. DISEASE -POLICY LIMIT $500000 OTHER DESCRIPTION OF OPERATIONS) LOCATIONS) VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is added as an Additional Insured w/respects to General Liability. Coverage is primary and non-contributory. 11.�f �111 r11�LLy a 1:19 l •f �l Cities of Loveland and Ft Collins David Gordon 4900 Earhart Rd Loveland CO 80537 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 29 l2001I0111