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.
Project No. 12 Generator for Well N
.3
Page 3 of 3