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Home My WebLink AboutCORRESPONDENCE - PURCHASE ORDER - 9191659September 3, 2019 Lea Ann Haisch City of Fort Collins RE: Fossil Creek Park Irrigation Booster Pump Engineering Services Lea Ann, We are pleased to submit this Irrigation Engineering Services Proposal/Agreement for the Fossil Creek Park Booster Pump project in Fort Collins, Colorado. Our proposal is based on the information you provided during the on-site meeting on August 30, 2019. The defined Scope of Work to be performed and our proposed Fees to be charged are described in Exhibits A and B, respectively, followed by the Terms and Conditions under which we are available to proceed. If you wish to contract our services, please return this Agreement, signed by an authorized representative. When we receive the executed Agreement from you, we will confer with you about the schedule. Please note that our fee is subject to review if this agreement is not executed within 90 days. Please contact us with any questions you may have. We look forward to our work with you. Respectfully submitted, Jason Klausner, PE Project Engineer Aqua Engineering, Inc. Fossil Creek Booster Pump Engineering Services September 3, 2019 - 2 - EXHIBIT A SCOPE-OF-WORK: We propose to provide the following irrigation engineering services: TASK 1.0: Irrigation Booster Pump Design Documents • Conduct one site visit with City of Fort Collins representatives to gather necessary information for the booster pump design. • Coordinate with City of Fort Collins representatives as necessary. • Prepare demolition plan of existing irrigation equipment to be removed to make room for new booster pump. • Prepare irrigation booster pump construction documents for an engineered, VFD controlled booster pump. The design will also include a backflow assembly located within a pre- fabricated aluminum enclosure that also includes new backflow preventer. Booster pump to be 80 GPM and +/-40 PSI boost. Booster pump to supply the two existing baseball fields (3.2 acres total). • Existing hydrometer will be installed downstream of new booster pump. • Prepare Irrigation Pump System specifications in CSI format. • Develop Pumping System Installation Details. • Submit plans, specifications, and installation details for Client review at 90% and 100% complete. TASK 1.1: Irrigation Booster Pump Construction Observation • Review and respond to contractor requests for information (RFIs) • Review contractor submittals for general conformance with plans and specifications (2 reviews total) • Conduct one (1) site visit during construction • Conduct operation test of booster pump – operate 4-5 distal rotor zones to observe performance of booster pump • As Built Drawing based on contractor red lines Field reports will be written and distributed after each site visit. A punch list will be prepared after the Operational Test. Aqua Engineering, Inc. Fossil Creek Booster Pump Engineering Services September 3, 2019 - 3 - TASK 2.0: Electrical Engineering Booster Pump Design Documents • Review site for existing conditions • Review proposed motor for connections and controls for cabling and conduits. • Provide one line, load summary, panel schedule, service sizing, and feeder schedules. • Provide electrical specifications on drawings • Provide site power plan view for equipment location and recommended conduit routing. • Provide new load service request. • Coordinate with utility for service sizing and locations as required. • Provide construction drawings at 90% and 100% complete TASK 2.1: Electrical Engineering Construction Observation • Review submittals (2 total) • Attend site visit at substantial completion • Electrical As Built Drawings based on contractor red lines ASSUMPTIONS It has been assumed that the following information/services are to be supplied by others before the irrigation design begins: • Accurate and finalized computerized base information compatible with .DWG or .DXF formats containing curb lines, building and other hard surface locations, sidewalk locations, grading, etc. • Finalized landscape design. • Water source location, water pressure, and contacts for coordination issues. • Power source locations and contacts for coordination issues. • Applicable City of Fort Collins Irrigation System and Irrigation Pump Station standards. SERVICES NOT INCLUDED • Site visits or coordination meetings other than those specified. • Redesign for changes in design after the drawings have been either partially or completely prepared because of site changes, concept changes, etc. • Landscape irrigation design CHANGES Because changes in base information and/or landscape design can significantly affect hydraulics, any such changes will necessitate our charging additional fees, as detailed in the Agreement. Therefore, the fees quoted presume the availability of completed base information and completed design before irrigation design begins. Aqua Engineering, Inc. Fossil Creek Booster Pump Engineering Services September 3, 2019 - 4 - EXHIBIT B FEES: We propose the following fees for the scope-of-work defined above: Task 1.0: Irrigation Booster Pump Renovation Documents ................................... $ 3,000 Task 1.1: Irrigation Booster Pump Construction Observation ............................... $ 1,200 Task 2.0: Electrical Engineering Booster Pump Design Documents .................... $ 2,250 Task 2.1: Electrical Engineering Construction Observation .................................. $ 600 TOTAL (including direct expenses) ............................................................................. $ 7,050 Aqua Engineering, Inc. Fossil Creek Booster Pump Engineering Services September 3, 2019 - 5 - TERMS AND CONDITIONS Aqua Engineering, Inc. Aqua Engineering and Client agree as follows: 1. SERVICES: Aqua Engineering will perform the professional services defined in Exhibit A—Scope of Work. 2. COMPENSATION: Client will compensate Aqua Engineering as detailed in Exhibit B—Fees. 3. BILLING: Aqua Engineering’s normal billing period ends at the close of each month, or at the completion of each work phase. Payment is due and payable within 30 days of invoice date. Past due amounts will accrue interest in the amount of 2% per month until payment is made, plus any attorneys' fees. 4. CONFORMANCE TO AGREEMENTS WITH HIGHER ENTITY(S): Aqua Engineering will not be subject to the terms of any agreements related to the project issued by any higher entity(s) unless it has copies of such agreements to examine. Such copies shall be full and true copies of said agreements, except that fee information may be excluded. This includes Client’s immediate agreement with its client in addition to any other agreements at higher levels, i.e. agreement with Owner. 5. PURCHASE ORDERS: Issuance of a purchase order in response to this proposed letter agreement shall constitute acceptance of these Terms and Conditions whether or not these Terms and Conditions are specifically referenced on the purchase order. 6. CHANGES: A reasonable amount of coordination is anticipated for the work and is included in the fees quoted. If the scope-of-work changes through concerns of the Client or base information changes are made which impact the original scope-of-work, the additional work or coordination will be charged as follows: either on an hourly basis per Aqua Engineering’s hourly rate schedule in effect at the time of the changes, or through a negotiated additional fee. If the Client directs Aqua Engineering to coordinate its work with other entity(s), the Client shall pay Aqua Engineering for any work beyond our original scope of work necessitated by errors or changes made by the other entity(s). 7. TERMINATION OR SUSPENSION OF WORK: If the scope-of-work delineated is abandoned or suspended in whole or in part, Aqua Engineering is to be paid for services performed on such work prior to receipt of written notice to cease work, together with any termination expense resulting from cessation of work. 8. CONSTRUCTION OBSERVATION: Aqua Engineering considers construction observation an important service, and encourages clients to include construction observation in the scope-of-work. When contracted to perform construction observation, Aqua Engineering will visit the site as requested by Client to observe Contractor’s work and to determine, in general, if the work is proceeding in accordance with the contract documents. Aqua Engineering will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, equipment or product failures, or for safety precautions and programs in connection with the work. Aqua Engineering will not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors, or any of their agents or employees, or any other persons performing any of the work. Whether or not Aqua Engineering is contracted to perform construction observation services, Aqua Engineering will be indemnified and held harmless in the event that construction does not conform to the construction documents, or the construction documents are misinterpreted. 9. INDEMNIFICATION: Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Aqua Engineering against all damages, liabilities or costs including reasonable attorney's fees and defense costs, to the extent caused by the Client’s negligent performance of professional services under this agreement and that of its sub-consultants or anyone for whom the Client is legally liable. Aqua Engineering, Inc. agrees, to the fullest extent permitted by law, to indemnify and hold harmless, the Client against all damages, liabilities or costs including reasonable attorney's fees and defense costs, to the extent caused by Aqua Engineering, Inc.’s negligent performance of professional services under this agreement and anyone for whom Aqua Engineering, Inc. is legally liable. Revised 09/03 Aqua Engineering, Inc. Fossil Creek Booster Pump Engineering Services September 3, 2019 - 6 - 10. LIMITATION OF LIABILITY: To the fullest extent permitted by law, Aqua Engineering’s total liability to Client, Owner and any third parties for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes, shall not exceed the contract amount. Such causes include but are not limited to Aqua Engineering’s negligent acts, errors, and omissions. 11. CONSEQUENTIAL DAMAGES: Aqua Engineering and the Client waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of the Agreement. 12. OWNERSHIP OF DOCUMENTS: Client acknowledges that any construction documents prepared for this specific project will not be reused for other projects. Client agrees to hold harmless and indemnify Aqua Engineering against all damages, claims, and losses including defense costs, arising out of reuse of any part of the construction documents without the written authorization of Aqua Engineering. 13. ELECTRONIC DATA FILES: Any electronic data files furnished by Aqua Engineering to the Client or any other entity involved with the project are provided only as an “instrument of service” for the convenience of said user and only for its sole use. Client recognizes that the files may not be adequate or appropriate for user’s needs. In the case of any defects in the files or any discrepancies between the files and the hardcopy of the files bearing the seal of Aqua Engineering’s professional registrant, the sealed hardcopy shall govern. Aqua Engineering assumes no responsibility for the accuracy or completeness of the files. Aqua Engineering is to be indemnified and held harmless from any and all claims, damages, losses, costs, and expenses, including attorneys’ fees and court costs arising out of or resulting from Client’s use, reuse, or use by others, regardless of whether such claims, damages, losses, costs and expenses are caused in whole or in part by Aqua Engineering. 14. OPINION OF PROBABLE COSTS: Since Aqua Engineering has no control over the cost of water, energy, labor, materials, or equipment, or over Contractor’s method of determining prices, or over competitive bidding or market conditions, the opinions of probable cost that may be provided for herein are made on the basis of experience. These opinions represent the judgment of a design professional familiar with the construction industry. However, Aqua Engineering cannot, and does not, guarantee that proposals, bids, construction cost, water cost or pumping cost will not vary from opinions of probable cost prepared as a part of the work. 15. DISPUTES: Any claim or dispute arising out of this Agreement shall be subject to mediation prior to arbitration or legal proceedings by either party. Disputes not solved by mediation may be subject to arbitration, where both parties agree to the arbitration. In the event that a dispute is not resolved by mediation or arbitration and results in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorneys’ fees, and other claim related expense. Revised 09/03 AGREED TO AND ACCEPTED: Signed: ________________________________ Signed: Name: ________________________________ Name: Robert W. Beccard, P.E. Company: _____________________________ Company: Aqua Engineering, Inc. Title: _________________________________ Title: President Date: _________________________________ Date: September 3, 2019