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HomeMy WebLinkAboutWATERS EDGE - Filed GC-GENERAL CORRESPONDENCE - 2011-06-21Page 1 of 2 Sheri Langenberger From: John Gooch Uohng@aspen-engineer.com] Sent: Wednesday, June 08, 2011 9:01 AM To: 'Bill Swalling' Cc: Sheri Langenberger; christy.leonard@stantec.com; doug1sda@aol.com Subject: Water's Edge Civil Plans... Mr. Swalling, The purpose of this email is to document my conversations and correspondence with Mrs. Leonard (Stantec Consulting Counsel), Mrs. Kinnaird (Director, Business and Technical Section for EngiD�eerin$ Architecture ... Department of Regulatory EvEgo i T Zvi - Agencies for State of Colorado) and Mrs. Langenberger (City of Fort Collin' ngineering J regarding the Water's Edge plans and the engineer of record status for the plan set, as we move forward today. As has been explained to all parties, I completed the work for your project while at Stantec Consulting. However, Stantec shut down their land development division in late 2008 so I worked with Stantec (Mrs. Leonard) and was given permission by Stantec to re -use all files, data, documents, etc... ,completed by me while at Stantec, to gain project entitlement for your project. The agreement with Stantec was that Stantec would retain ownership rights of the files, data, documents, etc...., but that I would be allowed to re -use the files as long as I removed Stantec's titleblock and their logo from all pertinent sheets within the set and replaced them with my company name and address. I agreed to Stantec's terms and conditions and completed the tasks. Upon completion, I submitted the approved mylar drawings to the City of Fort Collins and the necessary blackline copies (June of 2010), which have been filed and are on record. The project was closed out and all items were complete. At the time of submittal, I was an informal partner with Apex Engineering and agreed to market Apex's name, so I created a modified Apex Titleblock and a generic Apex north arrow logo to replace the Stantec labels. In early February, 2011, 1 terminated my informal relationship with Apex Engineering and chose to operate under my own company, which is Aspen Engineering. Upon my termination, Bob Gowing (sole proprietor of Apex) requested that I leave my signed and sealed mylars as well as the final approved drainage report (also completed and signed & sealed by me) with him, and stated he'd work with me on transferring the plans, reports, etc... to me at a later date. Because the plans did have the "Apex" title on them, I did leave the plans with Mr. Gowing as a courtesy and with the understanding that he'd transfer them to me at a later date. Two weeks ago you requested that I provide construction phase services for your project and that you'd like me to work on getting files sent out to contractors immediately for the bid process. I explained that I left the hard copies of the plans with Mr. Gowing and that we'd need to work with him on transferring the files, reports, documents, etc... to Aspen Engineering (my company). I immediately sent an email to Mr. Gowing on May 23, 2011 requesting that he return the signed and sealed plans, as well as the signed and sealed drainage report to Aspen Engineering, per your request, so Aspen could complete the requested tasks. To date, Mr. Gowing has not replied, nor does it appear he will cooperate in returning the original signed and sealed mylars and drainage report to Aspen Engineering so we can make the necessary revisions to the mylars, per your request. Therefore, I have spoken with Mrs. Kinnaird on protocol for this situation and specifically asked if I am entitled to revise/remove the modified Apex Titleblock (created by me) and generic north label (also created by me) and replace these items with Aspen Engineering's information, as all work within the plans is my work and has been completed by me, with absolutely no work completed in the plans by Mr. Gowing (Apex). Mrs. Kinnaird stated that because the plans were created by me (while at Stantec), I am entitled to revise my work with no consent required (from a technical perspective- The Board's standpoint) from Mr. Gowing (Apex), but that I needed to make sure I have permission from Stantec, which has been granted to Aspen Engineering through a signed electronic release disclaimer form with Stantec (Mrs. Leonard). The previous email to Mr. Gowing was a professional courtesy and was not required. Because Mr. Gowing is non- 6/8/2011 Page 2 of 2 responsive and does not appear to want to cooperate in returning the signed and sealed drawings, it will be difficult to revise the original mylars as was planned, which could provide for an extremely costly venture in revising and reprinting all 140 mylars ($9/sheet for printing costs). Therefore, I have spoken with Mrs. Kinnaird and Mrs. Langenberger and received approval to revise only the cover sheet of the plans, rather than all 140 mylar sheets. Aspen will add a notation to the cover sheet stating that Aspen Engineering is the "Engineer or Record" for the project and update the contact status accordingly on the cover sheet. Aspen Engineering will be required to submit the revised cover sheet to the City of Fort Collins, and upon approval and the required signatures for the revision, Aspen Engineering will make the necessary copies of the plans for the City for Filing and Distribution to pertinent parties. I apologize for the delay to your project. However, I would like to thank Mrs. Kinnaird, Mrs. Langenberger, and Mrs. Leonard for their cooperation and expeditious response in this matter and allowing the project to continue moving forward. Thank you, JOHN GOOCH, PE ASPEN ENGINEERING 19 OLD TOWN SQUARE, SUITE 238 FORT COLLINS, CO 80524 970-419-4344 (OFFICE) 970-420-5345 (CELL.) JQHN,G@ASPEN.-EN CO. M 6/8/2011