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1k. 76th St Water Tower: Contract for Emergency Repairs-05 -97 TUE 13;23 AEC ENGINEERING 0 AEC ENGINEERING 400 First Avenue North, Suite 400 Minneapolis, Minnesota 85401 Ptione: (612) 332 - 1 x305 Fax: (612) 334 -3101 August 5, 1997 Mr. Jerry Boucher Utility Supervisor City of Chanhassen 690 Coultier Drive P.O. Box 147 Chanhassen, MN 55397 Re: Engineering Cost Estimate for Repairing the inlet/outlet pipe on the 100 MG Single Pedestal Spheroid Downtown Tower AEC Project #97502 -1508 Dear Mr, Boucher: FAX N0, 3343101 P. 02!02 ENGINEERS INSPECTORS By Fax and U.S. Mail (612) 474 -1687 AEC Engineering has inspected the existing condition of the inlet/outlet pipe and bowl plate cracking. The following repairs are recommended: Remove the existing riser drip ring and reinstall after modifications. Remove the upper section of the inlet/outlet pipe. • Plumb existing lower sections of the inlet/outlet pipe and retighten brackets. Install now section of the inlet/outlet pipe and expansion joint. Install a 3 inch draining valve to the tower bowl clean -out and repair piping. • Install new 2 inch thick insulation to damaged areas of the inlet/outlet pipe. • Repair the existing interior wet and dry coatings. The Engineering Cost Estimate of these repairs is approximately $29,000. This engineer's cost estimate includes the above mentioned repair items and engineering services. If you have any questions please call me at (612) 332 -8905. Sincerely, AEC,-.ENGINEERING, INC. Roberti E.. K. ollmer Supervisor, Coatings System Certified NACE International Coatings Inspector No. 1281 KFIEL=OATING:UPRC.IECTS1G114NHA SEhL97502- 150&tE3MMATE JVL- .10 -97 THU 09:48 AEC ENGINEERING FAX N0. 3343101 P,06/06 AEC Terms and Conditions Page Two 8.0 SUSPENSION OF WQ RK. AEC may suspend work upon not less than three days' written notice to CLIENT if OWNER does not make timely payment to AEC within 60 days after being invoiced, does not provide the necessary criteria or information, or does not substantially perform any of its other duties under this agreement. 9.0 TERMINATION FOR CAUSE. This AGREEMENT may be terminated for cause bit either party upon not less than seven days' written notice if the other party fails to substantially perform in accordance with the terms of this AGREEMENT through no fault of the party initiating the termination. 10.0 TERMINATION FOR CONVENIENCE CLIENT may terminate this AGREEMENT in whole or in Bart for its own convenience upon not less than seven days' written notice to AEC. 11.0 TER EXPENSES. If the termination is for convenienco or is not the fault of AEC, or if CLIENT abandons tho project, AEC shall be compensated for costs incurred and services performed before the termination or abandonment, plus (1) an additional 20% of AEC's total compensation earned to date if the termination or abandonment occurs before or during the predesign, site analysis, or the initial field inspection stage, (2) an additional 10% of AEC's total compensation earned to date if the termination or abandonment occurs during the design or inspection report writing stage, or (3) an additional 6% of AEC's total compensation earned to date if the termination or abandonment occurs :luring any later stages involving the writing of specifications or part or full time tield construction or reconditioning inspections The termination expenses are to compensate AEC for its termination costs and its unrecovered fixed Costs, not to penalize -CLIENT. 12.0 1NV!�U AEC will maintain workers' compensation insurance, professional liability insurance, and comprehensive general liability insurance and will provide CLIENT with a certificate of insurance upon OWNER'S request. 13.0 LIMITATION OF LIABILITY. AEC liability to CLIENT due to AEC 's error or omissions (including claims for indemnity or contribution) is limited to AEC's fee. 14.0 ARBITRATION. Any controversy or claim for money damages arising out of or relating to the making or performance or interpretation of this AGREEMENT, or the breach of this AGREEMENT, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The arbitration panel shall consist of three arbitrators, at least one of whom is a structural engineer; and the panel r award only money damages and shall not award equitable relief. Judgment upon the arbitration award may be entered in any court having jurisdiction of the parties. The enforceability of this arbitration provision and arbitration award will be governed by the Federal Arbitration Act. 1 5.0 ARBITRATION FEES. The prevailing party to any dispute arising out of this AGREEMENT shall be entitled to recover its reasonable fees and costs from the other party. ksk: 1�AEC_= �02lGATA% GRPt.'.. tAF,4F _Tp.,ArpR70a,,A',ST01PR0?kTNC.00C Revision pate: AuouRr 1 /? 1 goal ,0 -97 THU 09;47 AEC ENGINEERING FAX N0, 3343101 P, 05;05 AEC Terms and Conditions Page One AEC ENGINEERING. INC. TERMS A ND CONDITIONS 1.0 BASIC AND ADDITIONAL SERVICES. The scope of AEC's work is described in The attached proposal and may not be expanded except by mutual agreement in writing. 2.0 SCHEDULING. The CLIENT shall furnish a written purchase order or request for the services required and shall give as much notice as possible in advance of the time when the services, are desired. Our ability to respond to such an order will depend upon the amount of advance notice provided. If an inspection is canceled or delayed after AEC personnel and /or equipment are in transit to the work site, then the CLIENT shall be billed, according to these TERMS AND CONDITIONS, for costs incurred by AEC, 3.0 SUBrONTRACTING If requested, by CLIENT to hire and /or administer a subcorltractur, AEC will do so. However, in such an instance, CLIENT covenants not to sue or demand arbitration of AEC for claims based upon the acts or omissions of AEC's subrontractors but will instead either (1) sue AEC's subcontractors directly or (2) sue AEC's subcontractors indirectly by actions brought in AEC's name at CLIENT'S expense; and CLIENT'S recovery for chuse claims will be limited to the recovery awarded in these direct or indirect actions. AEC will allow CLIENT to indirectly pursue AEC's subcontractors in AEC's name and will cooperate with CLIENT'S prosecution of these actions. 4.0 HAZARDOUS MATERIALS. Unless agreed in the scope of work AEC has no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials at the project site. To the full extent permitted by the law, CLIENT shall defend and indemnify AEC and its employees from all claims, including costs and attorney fees, arising out of the presence of hazardous materials on the job site. 5.0 CLIENT'S RESPONSIBILITIES. CLIENT shall fully disclose to AEC its knowledge of the condition of the structure and its past and present contents and shall provide AEC with full information regarding the requirements for the project; shall designate an individual to act on CLIENT'S behalf regarding the project; If necessary, shall clean and make the structure safe for entry; shall furnish the service of other consultants (including engineers, insurance consultants, accountants, attorneys, etc.) when those services are reasonably required or are reasonably requested by AEC; shall test for pollution and hazardous materials when required by law or requested by AEC; and Shall provide all necessary permits and other authorization. 5.0 PAYMENT AEC will submit itemized monthly or other periodic sfat ?ments for work previously performed_ CLIENT shall make payment within 30 days after receiving each statement, and overdue payments will bear interest at eighteen percent per year it CLIENT is a business entity and at the legal rate of interest of the state in which the project is located if CLIENT is a consumer. 7.0 RE USE OF AEC'S PLANS, SPFC'IFICATIONS, AND OTHER DOCUMENTS: All plans, specifications, and other documents furnished by AEC are instruments of AEC's services for use solely for the project, and AEC retains all ownership and property rights in them regardless whether the project is completed. CLIENT may retain copies for reference in r_onnection with the use and occupancy of the project; but AEC does not represent that the documents are suitable for reuse on extension of the project or on other projects. CLIENT and others shall not use the documents on other projects or extensions of this project except by AEC's written agreement. CLIENT will defend and indemnify AEC from ail clairm; or losses arising out of the unauthorized use of the documents. kaK; gAEC_° S021CATAI,Gr,P%I AARKETIWORODATA,STDPROP1 ,TNC.DOC Revision Date; A - "` I " " ^^ " JUL-10 -97 THU 09;46 AEC ENGINEERING FAX N0, 3343101 P.04/06 AEC ENGINEERING F E E S C H E D U L E 400 First Avcnue North SuiiC 400 Minneapolis, Minnesota 55401 Phone: (512) 332 -8905 Fax: (612) 334 -3101 Y.t.R 4006 F>. Principals & Directors $95.00 per hour Regional Managers $90.00 per hour Operating Group Managers $80.00 per hour Professional & Project Engineers 575.00 per hour Engineers 565.00 per hour Certified Inspectors $57.00 per hour Inspectors $50.00 ppr hour Drafters $54.00 per hour Contracts Administration $55.00 per hour Clerical $35.00 per hour MFL Equipment $84.00 per hour I The following expenses are reimbursable to AEC: 1. Portal to portal travel time will be billed at the labor rates above, with a maximum of eight hours travel time per day, per person. 2. Actual travel and subsistence expenses of management and administrative personnel when traveling in connection with a project_ 3. Vehicle mileage at $0.36 per mile, or rental cost as applicable. 4_ On-site AEC vehicle at X30.00 per day. 5. Acl.ual hutel expense plus $25.00 per clay subsistence allowance applies for projects scheduled for one week duration or less. For projects scheduled for over one week, a subsistence allowance of $65.00 per day applies for lodging, rnpals and incidentals. Higher rates may apply in high cost arFas. 6. Standby time billed at the labor rates above, with a maximum of a hours per day, per person. 7. Project related expenses such as equipment rental, shipping, subcontractors, etc_.. will he billed at actual cost pills a 10 0 /c, mark -up. S. Supplies, duplication, delivery, and facsimile expensPS will he billed at the actual cost incurred, with no markup. 9. Overtime, when applicable, will be billed in accordanr:P with the terms of each individual contract. Payment terms are net 30 days. A charge of 1.5 percent per month will be applied to the unpaid balance. All amounts are quoted in U.S. dollars. Effective Date of Fee Schedule: 411/97 v j -97 THU 09:45 AEC ENGINEERING FAX N0, 3343101 P.03 /06 Mr. ,ferry Boucher City of Chanhassen AEC Project #97502 -150a Page 2 of 2 follow the completion of the recommended repairs. Payment is due within 30 days of the, invoice date. Services performed by AEC Engineering for this project will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar conditions. AEC's work will comply to the minimum requirements of the applicable national codes and standards. Thank you again for selecting us for this project. If you have any questions please fool free to contact me. Sincerely, AEC ENGINEERING, 1NG. Robert E. Koilmer Coatings Supervisor MACE International Coatings Inspector No. 1291 AEC Auth Qtji ed .ApAr r' Date: G rri Enclosures: AEC Fee Schedule, dated April 1997 AEC Terms and Conditions JUL -10 -97 THU 09:45 AEC ENGINEERING AEG ENGINEERING 400 rirst Avenue North, Suite 400 Minneapolis, Minnesota 55441 Phone: (612) 332 -8905 Fax, (612) 3343101 ,July 10, 1997 FAX N0, 3343101 P.02/06 ENGINEERS INSPECTORS RZ Fax and US- Mai! Mr. Jerry Boucher Utility Supervisor City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Re: Confirmation of Your Request to Provide Inspection and Engineering Services for Repairs to the 100 MG Single Pedestal Spherical - Downtown Tower Location: Chanhassen, MN AEC Project #975021508 Dear Mr. Boucher: Thank you for requesting AEC Engineering to perform the above mentioned services. Based on your verbal request on July 10, 1997, the worK will start on Monday, July 14, 1997. SCOPE OF WORK AEC will provide inspection and engineering services for repairs necessary to the damaged 100 MG single pedestal spherical water tower. ENGINEERING FEES AND COMMERCIAL CONDITIONS The project will be billed on a Time and Materials basis in conformance with the attached AEC Fee Schedule and Terms and Conditions. This confirmation letter represents the entire agreement between AEC and the City of Chanhassen. The authorization of AEC on -site constitutes acceptance of this contract. Invoicing will CITY OF 1 CHANHASSEN MEMORANDUM 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 - 1900 • FAX (612) 937 - 5739 TO: Charles Folch, City Engineer FROM: Jerry Boucher, Utility Superintendent DATE: August 5, 1997 SUBJ: Water Tower #1 0-st- b gel to Cafni The water tower in town on West 76th Street has�developed a leak on the inside where the pipe enters the bowl. As a result, water runs down the inside along the pipe and under the insulation as well as on the control panel that runs our telemetry system. Due to this situation we had to drain the tower. I contacted AEC Engineering to inspect the ;tank ando give us a price for repairing it. (See memo from July 10th.) The price for this inspection and estimate will be around $1,500.00 to $1,800.00. Attached is a report on the problem and what needs to be done to correct it along with the approximate cost of repair. The` °cost will be $29;000.00 which includes the inspection fee above. Due to the fact that our dry weather, I strongly recommend that we use in dealing with them' 1 of work. njd ;e_ is inadequate as it is and in that this work be started and for the engineering and the rE event we experience any more pleted as soon as possible. I of the tower. My experience st qualified people for this type Director of Public Works Comment This is an unplanned emergency repair to a city water storage facility. s such, the cost to perform this repair was not budgeted for and will likely cause an overrun in Fund No. 702 -4550 - Repair & Maintenance of Utilities for 1997. AEC can perform the engineering and physical repairs needed for the tower. AEC has performed well on other projects in the city such as the recently repainted Murray Hill tower. Staff recommends approval.