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HomeMy Public PortalAboutMinutes_CCWorkMeeting_08212012CITY COUNCIL WORK MEETING August 21, 2012 - 6:00 P.M. IONA COMMUNITY CENTER PRESENT: Mayor Brad Andersen, Council President Bruce Case, Council Member Dan Gubler, Council Member Rob Geray, Council Member Thane Price, Public Works Director Zech Prouse, City Clerk Julie Hammond, Treasurer Amy Sullivan. ABSENT: Police Chief Shannon Basaraba. VISITORS: None. Reports: Public Works Generator for Well #3: Mayor Andersen stated that all wells are required to have back-up power. Public Works Director Prouse presented an estimate for $58,100 from Schiess & Associates for a Natural Gas Generator which included costs for equipment, materials, labor and engineering. Director Prouse looked at the prices of generators and said this was the average cost. Prouse said plans and specs have to be approved by DEQ on any generator you put on a municipal well. He also stated that since a VFD was used it ramps up the generator slowly so that you can use a smaller generator (50 kw instead of a 100 kw) which costs less and saves the City money. Director Prouse reported that the hand pump for the emergency well would be installed middle of next week and they would figure out a site for it. Dump Truck w/Snow Plow and Sander: A Request for Proposal was sent out August 16, 2012. All proposals were to be physically delivered to the City by August 24, 2012 at 5:00 pm. The estimated cost of a used dump truck is around $36,200 and new equipment for the snow plow and sander were estimated at $24,770. Lions Club Council Member Price reported on the Lions Club struggling to raise funds for the monument. In order for the Lions Club to be successful more people need to get involved. The question is do the people really care about the monument in front of the Library, if so why is it so hard to get people involved? For example at the Lion's Club Breakfast for the Fourth of July Mayor Andersen, Treasurer Sullivan and Council Member Price along with Karen Hansen's Family were there to help serve and on Iona Days Price along with Karen Hansen's Family were there to serve. What happens when Hansen is no longer here to help? Mayor Andersen suggested that Darlean DeSomer call and let us know how many people she needs to help. TRPTA Council Member Geray asked about the Annual Donation to TRPTA. His concern was should we continue to donate to TRPTA if they are considering bankruptcy? Mayor Andersen said we should know whether they are filing bankruptcy before it is time to donate. Well #3 Council Member Gubler reported that Denning Well Drilling has the tag for the well and the cost is $7,500 without the cleanup. There will also be some concrete work and sealant to finish up as per DEQ. Keys The Mayor had everyone sign for the ew = • the outsi • e the building. Adjourned 6:55 pm. City of Iona Generator for Well o. 3 Assume Natural Gas Gene tor Item No. Item 1 2 3 4 Gas meter 50 KW generator $17,800 Material Labor Cost Cost Total Cost $500 VFD & filter $6,200 Taxes & shippp ng on items 2&3 Concrete pad 6 Misc. electrical $6,000 $23,800 $2,000 $8,200 $2,000 $2,800 $2,000 7 Mobilization Subtotal Overhead & profit @ 25% f subtotal Estimated amount of cont actor's bid Engineering Total estimated proj ct cost es $2,800 $39,300 $9,800 $49,100 $9,000 $58,100 Schess & Associates ENGINEERING PLANNING LAND SURVEYING 7103 SOUTH 451H WEST I IDAHO FALLS, ID 83402 PHONE: 208-522-1244 I FAX: 208-522-9232 Professional Services Agreement Project No. 12 ("CL,IENT") hereby authorizes SCHIESS & ASSOCIATES ("ENGINEER"), an Idaho corporation, to provide the services described below subject to the terms and conditions set forth below and on the following pages hereof. A. CLIENT INFORMATION: Client Name Representative City of Iona Mayor Brad Andersen Address City State Zip PO Box 487 Iona ID 83427 Phone Number EaxNumber E-MailAddress - (208) 523-5600 (208) 535-0087 publicworksFcityofiona.ore; iona cr citvofiona.or2, iona mayor(a hotmail.com B. PROJECT DESCRIPTION: Project Name Generator for Well No. 3 Project Location. Estimated begin / end dates Iona, Idaho TBD C. ENGINEER'S SERVICES: ENGINEER shall provide surveying and engineering services set forth in Exhibit A attached hereto. Services not expressly set forth in Exhibit A or otherwise incidental to or implicit in those services, as determined solely by ENGINEER, are not a service of ENGINEER. D. COMPENSATION: ENGINEER shall be compensated as described in Exhibit A and in accordance with the payment provisions of the General Conditions g:ven in Exhibit B. CLIENT shall pay a retaining fee of SN/A prior to commencement of ENGINEER'S services. Said fee shall be applied to the final invoice for services provided hereunder. E. CHANGE ORDERS: If either party desires to change the scope of services or the schedule, the party desiring such a change shall submit a change order to the other party for acceptance. Acceptance must be made in writing and will constitute and amendment to this agreement, it will then be considered an amendment to this contract. Having read, understood and agreed to the foregoing, and the terms and conditions set forth on the following pages hereof, CLIENT and ENGINEER, by and through heir authorized representatives, have subscribed their names hereto effective the last date appearing below. CITY OF IONA X By(print): Title: Date: SCHIESS AND ASSOCIATES By (print): Title: Date: 171 Paul H. Scoresby, PE Principal Project No. 12 Generator for Well No. 3 Page I of 3 SchieSS Ifs• Also iates ENGINEEFRING.PLANNING•LAND '.URVEYING 7103 SOUTH 45TH WEST I IDAHO FALLS, ID 83402 PHONE: 208-522-1244 I FAX: 208-522-9232 eN Exhibit A — Scope of Work a 1. BASE SCOPE OF WORK: • Design a generator to ope bid in two ways: to operat gas on a concrete pad. D a standard motor starter, d magnetic starter or provid engineering drawings and • Bid documents preparatio • Solicit informal bids from • Address contractor questi� • Open bids with city, prep • Review shop drawings of plans and specifications • Two site visits during con • Witness startup and deliv: • Prepare record drawings • Assemble Manufacturer • deliver two bound copies Fee: S9,050 Lump Sum 2. TIME AND MATERIALS WO requested by CLIENT. Fees will b fees listed below are valid for one perform construction observation s d Fee Project No. 12 ate city Well No. 3 and submit to DEQ for approval. The generator will be designed and with diesel fuel and placed in a concrete tub and to operate with either propane or natural .ign includes an automatic transfer switch. Because the existing well pump is started with sign will consider whether it is best to provide a larger generator to and keep the a smaller generator and convert to a VFD. The deliverable is a complete set of specifications and an estimate of probable cost for both generator options. 3-6 contractors while DEQ is reviewing the design ns during the Engineer led informal bid period re award document and contracts and seek signatures of both parties uccessful bidder, address construction questions and issues associated with the design truction r to City and contractor a punch list pon completion of the work and submit to DEQ &M manuals of generator, fuel tank, transfer switch and other major components and o the City K: The following rate schedule is applicable for all additional time and materials work based on standard fees at the time the request for additional services is authorized. The ear from the date of this contract. We encourage CLIENT to allow ENGINEER to rvices applicable on the work included in this contract. PROFESSIONAL RATE SCHE ULE 2012 Principal Engineer $120.00 per hour Project Manager II $110.00 per hour Project Manager I $100.00 per hour Engineer III $100.00 per hour Engineer II $ 85.00 per hour Engineer I $ 70.00 per hour Construction Observat on II $ 70.00 per hour Construction Observar on I $ 55.00 per hour Designer $ 70.00 per hour Draftsman $ 55.00 per hour GPS Survey Crew or . person Survey Crew $110.00 per hour Survey Office Work P S) $ 90.00 per hour Survey Office Work (I SIT) $ 60.00 per hour Clerical or Secretary $ 45.00 per hour Recording Fee $ 50.00 Direct expenses will a billed at cost plus 15% TRAVEL Mileage $ 1.00 per mile Per diem (if applicabl ) $ 120.00 per day 4-Wheeler or Snowmo.ile $ 150.00 per day Project No. 12 Generator for Well N . 3 Page 2 of 3 Schiess & Associat s ENGINEERING•PLANNING-LAND SURVEY NG Exhibit B - General Conditions ARTICLE 1 — DEFINITIONS 1.1 Claims (or Claim). Any and all claims, actions, causes of . damages, costs, expenses, and/or fees (incl. expert and att actually or allegedly, directly or indirectly arising out of or rel accrued, known, suspected, discovered, discoverable , an• to breach of contract (express or implied), breach of negligence, (sole or joint, active or passive), negligent liability, strid liability, indemnity, contribution, subrogation, rei violation of statute, code, ordinance, rule or regulation. lion, rights., demands, liabilities, rneys) of any nature whatsoever ted to the project, whether or not r latent, including but not limited warranty (express or implied), isrepresentalion, strict products bursement, exoneration, and/or 1.2 ENGINEER. et al. ENGINEER and its sharehold: s, directors, officers, agents, representatives, employees, consultants or any of them. 1.3 Hazardous Materials. Any and all hazardous, toxic, inf- ious and/or other dangerous intents, contaminants, pollutants, substances and/or materials of any nature whatsoever (materials, etc.), whether organic, inorganic, chemical, biol•gical, vaporous, gaseous, liquid, and/or solid, including but not limited to asbestos, petrole -based materials, etc. and all other materials, etc. now or hereafter subject to federal, st=te, and/or local laws, rules, and regulations. 1.4 Reimbursable Expenses. Expenditures made by the E consultants in the interest of the project, including bu subsistence and lodging when traveling in connection wit telephone calls, telegrams, messenger service, field offi• securing approval of authorities having jurisdiction over the handling of drawings, specifications, reports or other proj= time including charges for proprietary programs; and prep models. GINEER, its employees or its not limited toy transportation, a project; long distance or toll expenses, and fees paid for roject; reproduction, postage and d-related documents; computer :ring perspectives, renderings or ARTICLE 2 — PAYMENT 2.1 Progress Payments. Progress Payments. CLIENT will be when the design is submitted to DEQ, once after the bid made to the successful bidder and once at the conclusion o installed and the entire scope of work is complete. 2.2 Late Payment. ENGINEER may assess a carry charge of 1 payments not made within thirty (30) days of the date o warrants will be paid on demand. ENGINEER may, in its suspend its services hereunder should CLIENT not pay i forty-five (45) days of the date of invoice. ENGINEER fu from CLIENT any instruments of ENGINEER's services account. 2.3 Billing Rates. ENGINEER reserves the right to adjust q January for each year the contract is in force. oiced in three installments, once •eriod is complete and award is the project when the generator is 5 percent per month on progress invoice, which charge CLIENT •le discretion and without notice, full any amount invoiced within -r reserves the right to withhold pending payment on CLIENT's led billing rates the first day of ARTICLE 3 — SPECIAL TERMS AND CO DITIONS 3.1 Construction Estimates. ENGINEER's opinions, if any, quantities or time are subject to change and are continge which ENGINEER has no control. ENGINEER does not estimates. 3.2 Construction Services. ENGINEER's construction observ- or unless specified otherwise, are neither exhaustive nor periodic visits to the project site to determine whether con - conformance with the plans and specifications. ENGIN timeliness, means, methods or sequences of construction others at or near the project site. ENGINEER does not contractor, subcontractors, suppliers or others providing I - project, nor is it responsible for their acts, errors or omis otherwise, ENGINEER's compensation for any such construction contract being let and construction completio Should more than one (1) construction contract be let exceeded through no fault of ENGINEER, ENGINEER'S adjusted. Should ENGINEER not be retained to provide co or similar services, CLIENT waives and agrees to hold ENGINEER, et al. from and against any and all claims ag wholeror in part upon actual or alleged defects in eonstructi• excepting those arising out of the indemnities' sole negligen• 3.3 Termination. This agreement may be terminated: (i) by written notice should the other party fail to substantially .- fault of the party initiating the termination; (ii) by CLIENT up notice to ENGINEER in the event that the project is pe ENGINEER in the event its services are suspended for a •_ this agreement is terminated through no fault of the ENGINEER for services performed and Reimbursable Ex•: this agreement and, upon request, a Termination Adjustm= of the estimated compensation remaining to be earned at for ENGINEER'S rescheduling adjustments, reassignmen incurred due to termination. 3.4 Representatives. ENGINEER and CLIENT shall each authorized to act as their representative. Said persons s between ENGINEER and CLIENT and shall be authorized t 3.5 Limitations of Liability. In recognition and equitable all benefits of the project, CLIENT limits, to the fullest ext: aggregate liability of ENGINEER, et al. to CLIENT and all suppliers on all Claims arising out of, on or related to the initiation of ENGINEER's services hereunder, this ,li ENGINEER's then effective insurance limit upon mutual ag of an additional fee of 0.5 % of the amount of any increase i permitted by law, CLIENT waives and agrees to hold ENGINEER, et al. from and against any and all Claims aga of probable construction costs, t upon persons and factors over guarantee the accuracy of such ion or monitoring services, if any ontinuous and consist solely of ruction is progressing in general ER is not responsible for the nor for the safety of workers or •uaranty the performance of the bor, material or services for the ions. Unless expressly agreed _ervices contemplates one (1) within the specified time period. said period for construction be .•mpensation shall be equitably struction observation, monitoring, armless, indemnify and defend inst ENGINEER, et al, based in workmanship and/or materials; ither party upon seven (7) days ovn this agreement through no •n at least seven (7) days written anently abandoned, or ((ii) by 'od exceeding thirty (30) days. If NGINEER, CLIENT shall pay nses incurred in accordance with nt equaling fifteen percent (15 % ) e time of termination to account of personnel and related costs designate in writing a person all serve as sole intermediaries bind their respective principals. ton of the relative risks and nt permitted by law, the total .•ntractors, subcontractors and project to $50,000. Prior to the it may be increased up to ement and CLIENT's payment coverage. To the fullest extent :unless, indemnity and defend t ENGINEER, et al. in excess Project No. 12 of the limit established hereby; excepting those arising out of the indemnities' sole negligence. ENGINEER, et at. are not liable to CLIENT for consequential or incidental damages for any Claim. 3.6 Ownership of DOCUmentS. All plans, specifications, reports, notes, data, logs, diaries, and other documents, regardless of medium or content, prepared by or on behalf of ENGINEER, et al. are instruments of their respective professional services and shall remain their property. Upon payment to ENGINEER of all sums due hereunder, CLIENT is granted a non-exclusive, unassignable license to use said instruments on and for this project. Such instruments are intended for use solely by CLIENT as an integrated set on this project Dissemination, modification or use on other projects of any or all such instruments without ENGINEER'S prior express written consent shall be at CLIENT's sole risk. CLIENT waives and agrees to hold harmless, indemnify and defend ENGINEER, et al. from and against any and all Claims against ENGINEER, et al. arising out of any such nonpermissive dissemination, mod cation or use; accepting those arising out of the indemnities' sole negligence. 3.7 Supplied Information. ENGINEER, et al. are entitled to rely on any and all information supplied by, through or on behalf of CLIENT and, absent an express agreement to do so. have no legal or contractual duty to verify the accuracy of such information. CLIENT waives any and all Claims against ENGINEER, et al, arising out of actual or alleged deficiencies in any such information and agrees to hold harmless, indemnify and defend ENGINEER, et al. there from; excepting those arising out of the indemnities' sole negligence. 3.8 Record Documents. Any record documents provided or drafted by ENGINEER are based upon information provided by the contractor, who is to document vanations between design and actual construction. ENGINEER is entitled to rely upon and has no legal or contractual duty to verify the accuracy of such information and does not warrant the accuracy of record documents. 39 Access. CLIENT warrants timely access for ENGINEER, et al. to all properly reasonably necessary to the performance of their services. 3.10 Site Conditions. Unless expressly agreed otherwise, ENGINEER's services and compensation contemplate 0) the absence of Hazardous Materials on, in or under the project site or nearby properties and (ii) site conditions like those represented in information provided by, through or on behalf of CLIENT and/or those reasonably anticipated for a site of this nature and locality. Should such Materials be discovered or should actual conditions vary materially from those represented or anticipated, either party shall have an absolute and unconditional right to terminate or suspend this agreement. CLIENT waives and agrees to hold harmless, indemnify and defend ENGINEER, et al. from and against any and all Claims against ENGINEER, et al. actually or allegedly, directly or indirectly arising out of or related to 0) the detection, generation, presence, escape, release, discharge, movement, seepage, stabilization, abatement, handling, removal, transportation, storage or disposal of Hazardous Materials and/or (ii) any material change in represented or anticipated conditions; excepting those arising out of the indemnities' sole negligence. 3 11 Performance Standard. ENGINEER's services hereunder shall be rendered consistent with and judged solely by the skill and care ordinarily exercised by members of the same profession performing like services in the State of Idaho at the same time ENGINEER disclaims any and all warranties, express or implied, regarding the quality of its services or the instruments thereof, including but not limited to warranties of fitness, merchantability, or compliance with federal, state, or local laws, rules, regulations, ordinances, or design or building codes or standards. 3.12 Dispute Resolution. Any dispute related to this agreement, either partes performance hereunder, and/or ENGINEER, et al.'s services shall be submitted to mediation before a mutually -acceptable mediator prior to initiation of litigation or other formai adjudicative procedures. ARTICLE 4—GENERAL TERMS AND CONCITIONS 4.1 Jurisdiction; Venue. This agreement shall be interpreted and enforced according to the laws of the State of Idaho. Venue of any litigation arising out of or related to this agreement or the services hereunder provided shall be exclusively in Bonneville County, State of Idaho. 4.2 Assignment; Subcontracting. Neither party shall assign its rights or delegate its duties under this agreement without the prior, express, written consent of the other. ENGINEER may subcontract any portion of its services without such consent. 4.3 Force Maieure. Any default in the performance of this agreement is caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: act of God, government, or public enemy; strike; embargo; fire, flood, epidemic, unusually severe weather and/or other extraordinary natural event or disaster; and/or quarantine. 4.4 SeverabiliN Waiver. In the event any provision of this agreement is invalid or unenforceable, the remaining provisions shall remain valid and enforceable. Waiver of a breach of any provision is not a waiver of a subsequent breach of the same or any other provision. 4.5 Amendments; Merger. This agreement may be amended only by written instrument expressly referring hereto and duly signed by the parties. This agreement constitutes the entire and integrated agreement between the parties and supersedes all prior or contemporaneous negotiations, representations and/or agreements, whether written or oral. 4.6 Third Party Rights. No third party beneficiary rights are created by this agreement, nor does this agreement create any cause of action in favor of any third party against either party hereto. 4.7 Limitation Periods. Statutory periods of limitation for CLIENT Claims against ENGINEER, et al., shall begin to run no later than the date of substantial completion, the date of occupancy of the project or the portion of the project as to which the Claim is made, or the date of abandonment of the project, whichever date is earliest. 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