HomeMy WebLinkAboutEVERGREEN PARK THIRD FILING - Filed OA-OTHER AGREEMENTS - 2003-07-31PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this i' day of
19 �( (�' by and between Evergreen Park 2,
a partnership, and Iivolboll-Johnson, owners of Greenbriar P.rj.l),
hereinafter collectively referred to as the "Owner", and
Engineering Professionals, Inc., authorized to do work in the
State of Colorado, with offices at 2020 Airway Avenue, Fort
Collins, Colorado, hereinafter referred to as the "Engineer";
WITNESSETH:
WHEREAS, the Owner anticipates the study and design of
a storm drainage system generally located in the western half
of Section 1, T7N, R69W and the southern half of Section 36,
TBN, R69W, more commonly referred to as in and near Evergreen
Park and Greenbriar P.U.D., said work being hereinafter
referred to as the "Project", and being more fully described
in Appendix "A" hereof; and
WHEREAS, the Owners deem it advisable and have requested
the services of the Engineers to accomplish the work necessar,.
for the preparation of the study and final design for the
Project; and
WHEREAS, the Engineers represent that they are in compli..-
with the State of Colorado statutes relating to the registr,:3t_
of professional engineers, and have signified their willing-
ness to furnish the required engineering services for the C„,•,:,
NOW, THEREFORE, in consideration of the promises and of
the mutual covenants and agreements contained, and the faiths—
performance thereof, the parties hereto promise and agree:
SECTION 1.
AGREEMENTS ON THE PART OF THE OWNERS
1.1. General
The Owner will:
1.1.1 Assist the Engineer by placing at his disposal
all available information pertinent to tho Project
including previous reports and any other data relative
to design and construction of the Project., including
100 scale topographic mapping available Cr-r>m the City.
1.1.2 Examine all studies, reports, estimatr,s,,
specifications, drawings, proposals an,! ettit°r documents
presented by the Engineer and .render ill w i- i t ing decision',
pertaining thereto within a reasonable tiow so as not
to delay the services of the Engineer.
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1.1.3 Pay for all costs incident to obtaining bids
or pro-oosals from contractors, i.e. advertisement for bids.
1.1.4 Designate in writing a person to act as Owner's
representative with respect to the work to be performed
under this Agreement; and such person shall have
complete authority to transmit instructions, receive
information, interpret and define Owner's policies and
decisions.
1.1.5 Give prompt written notice to the Engineer whenever
the Owner observes or otherwise becomes aware of any
defect in the Project.
1.1.6 Bear all costs incident to compliance with the
requirements of Paragraphs 1.1.1 through 1.1.5. Said costs
being in addition to the design fee set forth in Section 3.
1.2 Should the Engineer advise the Owner in writing,
of the existence of causes over which they have no control
and which may delay the work, the Owner shall, if it
finds such causes sufficient, extend the time specified
for completion of work.
1.3 In the event the Owner may require changes in the
scope, character or complexity of the work to be performed,
which said changes caused an increase or decrease in the
Engineer's cost or time for performance, an equitable
adjustment in fees and completion time shall be negotiated
between the parties and this Agreement shall be modified
accordingly by Supplemental Agreement. Any claims by
the Engineer for adjustment hereunder must be made in
writing prior to performance of any work or services
covered in the change order. Any change made without such
prior agreement shall be deemed covered in the Compensation
and Time provided in this Agreement.
SECTION 2.
AGREEMENTS ON THE PART OF THE ENGINEER
2.1 The Engineer will perform professional design services
in connection with the Project as detailed in Appendix "A"
in close cooperation with the Owner.
2.2 The Engineer will commence work within five (5) calendar
days of written authorization to proceed and shall
complete the work within forty-five (45) calendar days
of the date of the written authorization to proceed.
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SECTION 3.
COMPENSATION FOR SERVICES
3.1 In consideration of the services to be performed pursuant
to this Agreement, the Owner agrees to pay Engineer a
fixed fee in the amount of Ten Thousand Dollars($10,000.00),
of which Evergreen Park 2 owes $8,230.00 and Hvolboll-
Johnson owes $1,770.00.
3.2 Payments to the Engineer shall be made as follows:
1. One third of the total amount due prior to proceeding
with the study.
2. One third of the total amount due in thirty days.
3. One third of the total amount due upon satisfactory
completion of the project.
3.3 Final payment shall be made to the Engineer prior to
release of the final report and construction documents
to the Owner.
3.4 Additional services requested by the Owner which are not
defined in the Scope of Work included in Appendix "A"
shall be paid for on an hourly basis. The hourly rates
shall be as follows:
Principal/Project Manager $32.00
Project Engineer $25.00
Draftsman $15.00
Secretarial $14.00
3-Man Survey Crew $45.00
2-Man Survey Crew $35.00
Additional services shall be requested by the Owner in
writing to the Engineer.
3.5 If this Agreement is terminated, the Engineer shall be
paid for services rendered on the basis of his reasonable
estimate of the portion of the Project completed prior to
termination.
THIS AGREEMENT shall be binding upon the heirs, represen-
tatives, and assigns of the parties hereto.
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IN WITNESS WEHREOF, we have placed our hands and seals
the day and year first above written.
Sew I .le�y
ATTEST:
Secretary
ATTEST:
Secretary
OWNER
EVERGREEN PARK 2
IM
Titl
HVOLBOLL
i=
Title:
ENGINEER
ENGINEERING PROFESSIONALS, INC.
Title: ;' F.
am
APPENDIX "A"
EVERGREEN PARK MASTER DRAINAGE
STUDY AND DESIGN
SCOPE OF WORK
I. GENERAL
The work to be accomplished for this study consists of the
compilation of existing data, obtaining necessary field
work, ,and hydrologic and hydraulic analysis, so that the
most feasible storm drainage plans for the major storm
drainage system in the Evergreen Park and Greenbriar PUD Drainage
Basin I"Ae vicinity of Fort Collins, Colorado can be established.
Full coordination shall be maintained with the Owner and
staff members of the City of Fort Collins, in order to
assure that the study is prepared in accordance with
City of Fort Collins, criteria. The findings of the study
shall be documented in a main report and in final construc-
tion documents in a format as designated. The reach to be
studied begins at its confluence with Dry Creek and
extends approximately 1.4 miles north along Redwood Street,
across the Eaton Ditch and up to Country Club Road. The
drainage basin under consideration is delineated on the
attached sheet. However, this delineation is only approxi-
mate and shall be verified in the report.
II. CONFERENCES
During the progress of the study, the Engineer shall confer
with the City of Fort Collins as necessary to ensure that
the completed report will meet with the City's approval.
III. SCOPE OF SERVICES
A. After the contract is awarded, the Engineer shall meet
with the Owner's representative in order to:
1. Insure compliance with the services required by
this Agreement.
2. Obtain existing data and general information from
participating entities which shall provide full
assistance.
3. Solicit input from participating entities and other
interested agencies or groups in order to develop
alternate plans.
4. Procure current information relative to develop-
ment plans in the basin.
5. Procure information relative to right-of-way
limitations and potential hazards due to flooding.
6. Avoid duplication of effort whenever possible
by utilizing existing information available from
other agencies.
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B. Engineer shall contact local agencies, irrigation
companies, and developers which have pertinent
knowledge and an interest in the area under consi-
deration.
C. Engineer shall utilize any storm drainage criteria
and policies of the City of Fort Collins and irrigation
companies where appropriate and applicable.
D. The Engineer shall define the basin and subbasin
boundaries.
1. Subbasin boundaries shall be defined by the
Engineer with the Owner's and City's approval to
reflect runoff contributed from each of the entities
collectively referred to as Owner.
2. Subbasin boundaries shall also be defined to
reflect anticipated detention facility sites.
E. The Engineer shall perform hydrologic studies.
1. Runoff hydrographs for the 2-year and 100-year recurrence
interval for undeveloped basin conditions shall be
defined by routing and combining individual hydro -
graphs with the Stormwater Management Computer
model (S.W.M.M.).
2. Runoff hydrographs for the 100-year recurrence
interval for fully developed basin conditions shall
be defined by routing and combining individual
hydrographs with S.W.M.M.
a. Hydrographs will be routed and combined through
alternative improvement schemes for the major
drainage system.
F. The Engineer shall formulate a minimum of two alternative
improvement schemes. The Engineer shall:
1. Preliminarily size all major drainage system
facilities and prepare exhibit showing same.
2. Identify right-of-way needs.
3. Prepare preliminary cost estimates.
4. Prepare narrative on each system listing pros and
cons.
G. The Engineer shall make recommendations to the Owner
as to the best alternative improvement scheme based
on his professional opinion.
Q:�
H. The Engineer shall prepare a final written report
for the study which will include:
1. A narrative describing the physical characteristics
of the drainage basin.
2. A section describing design criteria used in the
preparation of the study.
3. A section describing step-by-step the procedures
used to prepare the study.
a. Shall include tables and figures as necessary
to describe the hydrologic analysis and
associated design parameters.
b. Shall include procedures used to hydraulically
size proposed drainage facilities.
4. A section describing alternative improvement
plans including:
a. Description of each alternative.
b. Right-of-way requirements for each alternative.
C. Pros and cons of each alternative.
5. A section, illustrating detailed cost estimates for
each alternative.
6. A section with the Engineer's recommendations.
7. Exhibits illustrating the alternative improvements.
Five copies of the final report will be provided under the
spi s oefefhe final report will be distributed to each
of the entities collectively described as Owner and
the City of Fort Collins.
I. The Engineer shall prepare final construction plans
and specifications as required for the construction of
major storm drainage facilities.
1. No final plans shall be prepared for drainage
facilities north of the Eaton Ditch or for facilities
to transport runoff across the ditch. However,
said runoff will be provided for in the design of
downstream facilities.
2,. Final construction plans and specifications will
be prepared for major drainage facilities to
transport runoff from the Sundance Hills P.U.D.,
Coachlight Plaza P.U.D., the western portion of
Greenbriar P.U.D., Evergreen Park First Filing
Replat, the western portion of Evergreen Park
Second Filing Replat, and the area in the southwest
corner of the intersection of Conifer and Redwood
Streets tentatively referred to as the proposed
Evergreen Park Fifth Filing to Dry Creek.
3. Five copies of plans and specifications will be
provided under the design fee.
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