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<br />e <br /> <br />e <br /> <br />e <br /> <br />AGREEMENT BETWEEN OWNER AND ENGINEER <br /> <br />This Agreement is dated this ~ day ~ ,1998, and is by and between the Owl Creek <br />Supply and Irrigation Company, whose address s 106 Elm Street, P.O. Box 206 Eaton, CO 80615; <br />hereinafter, referred to as "OWNER"; and, SMITH GEOTECHNICALlEngineering Consultants, <br />whose address is 1225 Red Cedar Circle, Suite H, Fort Collins, Colorado, 80524; hereinafter, referred to <br />as "ENGINEER", and it is for good and valuable consideration and upon the following terms and condi- <br />tions, to wit: <br /> <br />I. The OWNER hereby employs the ENGINEER to provide professional engineering <br />services for the Project, which is described below, in accordance with the terms and <br />conditions of this Agreement. <br /> <br />2. <br /> <br />The scope of work for the Project is described as follows, FEASffiILITY STUDY FOR <br />THE REHABILITATION OF OWL CREEK DITCH which includes the following <br />scope of work. <br />a. Colorado Water Conservation Board (CWCB) small projects feasibility study <br />which shall follow the CWCB guidelines. <br />b. Work to include the a study of the alternatives to replace check structures, <br />control structures, head gates and measuring structures. Work shall include the <br />following: <br />. Surveying <br />. Install Staff Gauges On Existing Structures <br />. Hydraulic Analysis & Design of Structures and Ditch <br />. Structural Design of Structures <br />c, The feasibility study shall evaluate alternatives and provide an opinion of cost for <br />the alternatives. <br />d. The purpose of the study is to assist the Owner in the application for a loan from <br />the CWCB construction fund and provide prototype structures to control and <br />measure flows in the ditch. <br /> <br />[- <br /> <br />3, The OWNER shall compensate the ENGINEER for engineering services in the amount of <br />TEN THOUSAND F1VE HUNDRED DOLLARS, ($10,500.00). The compensation for <br />services shall be payable as follows: <br /> <br />a.) A sum of $9,500.00 shall be paid in monthly installments based on the Engineer's <br />itemization of percent of work completed. <br />b.) The remaining $1,000.00 shall be due and payable only after completion and the <br />submission of the feasibility study to the OWNER and the CWCB. <br /> <br />4, The ENGINEER shall submit monthly statements to the OWNER for its work on the <br />Project as defined above. These monthly statements shall be submitted so they are in the <br />hands of the OWNER prior to its regular monthly Board meeting in the month for which <br />payment is due. Payment of the statements shall be due 15 days after the Owner's <br />monthly board meeting during the month invoice is submitted. OWNER agrees to pay a <br />fmance charge of one and one-half (1-1/2%) percent per month on past due accounts. <br /> <br />Foothills Reservoir-Feasibility Study <br /> <br />Page 1 <br />