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Home My WebLink AboutUNIVERSITY PLACE PUD - Filed OA-OTHER AGREEMENTS - 2004-03-08CONSULTANT SERVICES AGREEMENT This Agreement made and entered into this day of L,�� 1984, by and between the City of Fort Collins, —Colorado, a municipal corporation, hereinafter referred to as the "City" and Tyree Associates, hereinafter referred to as "Consultant". WHEREAS, the City wishes to employ the services of Consultant to provide plans examination services for the Building Department to determine conformance with the applicable Building Codes of the City of Fort Collins for The Holiday Inn project; and WHEREAS, the City wishes to employ the services of Consultant to provide other related services as requested by the City for The Holiday Inn project; and WHEREAS, the Consultant wishes to provide the aforementioned consult- ing services under the terms and conditions receited herein. NOW, THEREFORE, pursuant to the following terms and conditions the City and Consultant agree to the following: 1. The City hereby retains the professional services of the Consultant to provide plans examination services for the Building Department to determine conformance with the applicable Building Codes of the City of Fort Collins and other related services as requested by the City for The Holiday Inn project. 2. Scope of Services. The Consultant shall review plans, specifications, soils reports, structural calculations and other applicable documents that are used in demonstrating conformance to other Code requirements as submitted to the Consultant by the City. This review shall be conducted in the offices of the Consultant and other such places as may be required to find and review the necessary information. The Consultant shall complete and return the initial report to the City within fifteen (15) working days after receipt of the above plans and specifications. Subsequent reports shall be submitted expeditiously by the Consultant to the City as clarifying information is received and reviewed by the Consultant. Consultant shall further consult with the City as necessary to ascertain interpretations of the Codes. In addition, the Consultant shall work directly with the architects, engineers, contractors and developers, with the approval of the City, to integrate the intent of the Codes into the drawings and specifications. 3. Compensation. In consideration of the services to be per- formed pursuant to this Agreement, the City agrees to pay the Consultant based on the attached fee schedule, a copy of which is attached hereto and incorporated by reference herein as Exhibit A. In no event shall the fee for the proposed nine story Holi- day Inn structure exceed Forty -Eight Hundred Dollars ($4,800). Payment shall be made by the City to the Consultant following acceptance of the Code review by the City and upon release for the issuance of the Building Permit. 4. Notice. Any notice to be sent pursuant to this Agreement shal 5e deemed delivered if mailed to the other party at the following address: Consultant: Tyree Associates 1624 South 21st Street Colorado Springs, CO 80904 City: Felix Lee c/o Building Inspection City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 5. Default. Each and every term and condition of this Agreement sha1T-be�eemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 6. Remedies upon Default. In the event a party has been de- clare3 indefault hereof, such defaulting party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek dam- ages; (b) treat the Agreement as continuing and require specific performance; or (c) avail him/herself of any other remedy at law or equity. 7. Personal Services. It is understood that City enters into thisgreement a-ss-e-d on the special ability of the Consultant and that this Agreement shall be considered as an Agreement for personal services. Accordingly, the Consultant shall neither assign any responsibility nor delegate any duties arising under this Agreement without the prior written consent of the City. 8. Binding Effect. This Agreement shall be binding on the City and Consultant and the successors, assigns, and heirs of each respectively. -2- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: l .��%�,1—� yk RSV, ,sistant CityAttorney CIl Lm -3- December 1982 FEES FOR PROFESSIONAL SERVICES A. PLANS EXAMINATION Architectural Review $35.00/hour Structural Review $35.00/hour Mechanical Review $30.00/hour Electrical Review $30.00/hour Plumbing Review $30.00/hour Clerical $13.00/hour Total fees for any one set of plans shall not exceed 9006 of the plan check fee charged by the jurisdiction. B. SPECIAL INSPECTIONS/REPRESENTATION Inspector Charge (ICBO Certified) $300.00/day* Professional Charge (engineer/architect) $400.00/day* C. COURT APPEARANCES Professional $400.00/day* Non -Professional $275.00/day* * Plus Expenses. Fees do not include expenses when required to stay overnight, work on weekends, holidays and the like. z X4/d/T , 4 /n Architects and Engineers Professional Liability Insurance Policy (CLAIMS MADE BASIS) RPL 1995 Policy Number RenewalofNo. __New Business - Republic It Group 2727 Turtle Creek Blvd, Dallas, Texas 75219 X! REPUBLIC INSURANCE COMPANY VANGUARD INSURANCE COMPANY , REPUBLIC- VANGUARD INSURANCE COMPANY REPUBLIC UNDERWRITERS INSURANCE CO. _-; VANGUARD UNDERWRITERS INSURANCE CO. BLUE RIDGE INSURANCE COMPANY EACH A CAPITAL STOCK COMPANY NOTICE: Subject to all terms of this Policy, coverage is pruvlded herein only for those claims that are first made against the Insured during the policy period. Please review this Policy carefully with your Insurance agent, broker or representative. Item 1. Named Insured and Mailing Address: Tyree Associates 1624 South 21st Street Colorado Springs, Colorado 80904 Item 2. Policy Period: From 1 2/30/83 to - 12/30/84------ , 12 01 a n.. Slan,I,rd oini• :L me addr , W It, Named Insured as sw,:n , 1 nk— Item3. Named Insured's Professional Services: Construction Management; and Review of design for building code coinpliance. Item 4. Limits of Liability The liability of the Company for "each claim" which is first made 500, 000. during the policy period shall not exceed. ................................... $ and, subject to that limit for each claim. the total of the Company's liability for all claims first made during the policy period shall not exceed in the ''aggregate''..... $ 5 O0 , 000 . Item 5. Deductible Deductible amount (set forth below) shall be applicable to "each claim" which is first made during the policy period and shall apply to loss payments ar:d claims expense whether or not loss payrnent is involved ...................... $ _. 5,.U(]_0. Item6. Premium: $ 3,'169. Item 7. Retroactive Dale Coverage shall not apply to any claims arising out of any services performed prior to: _dub nku 1 98 0 January 30, 1984 Countersigned: Countersigned at Date Duly AUIhorired Officer or Repwe entalrve AED(, (916I)