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HomeMy WebLinkAboutNishkian Monks, Agreement for Structural Project Peer Review Services within Water Reclamation FacilityCommission Memorandum REPORT TO: Honorable Mayor and City Commission ~u~.z~~' FROM: Chuck Winn, Assistant City Manage-- Chris Kukulski, City Manager SUBJECT: Ratify the City Manager's Signature on an Agreement with Nishkian Monks, PLLC for Structural Project Peer Review Services for Structural Plan Check on Four Structures within the Water Reclamation Facility Project MEETING DATE: March 23, 2009 Consent Agenda RECOMMENDATION: Ratify City Manager Kukulski's Signature on an Agreement with Nishkian Monks, PLLC for Structural Project Peer Review Services for Structural Plan Check on Four Structures within the Water Reclamation Facility Project BACKGROUND: The City Building Department has elected to contract the structural plan check review on four structures within the Water Reclamation Facility project because of the size and complexities of the structures. Nishkian Monks, PPPL will perform this review on the Primary Effluent Pumping Station, the Bioreactor building, the UFAT Pump Station, and Secondary Clarifier building. Their services will be provided on a time and material basis not to exceed $11,000.00. FISCAL EFFECTS: This structural review fee will be paid for by the Water Reclamation Facility construction budget. The City Building Department will not charge an additional structural review fee for this portion of the project, but will issue a building permit and perform construction inspection on the entire project. ALTERNATIVES: As suggested by the City Commission. Attachment: Agreement for Structural Project Peer Review Report compiled on March 17, 2009 cc: Tom Adams, WRF Superintendent CASE Document 5-2004 An Agreement for Structural Project Peer Review Services© Prepared by the Council of American Structural Engineers 03/03/09 City of Bozeman, Wastewater Treatment Plant P.O. Box 1230 Attention: Tom Adams Reference: City of Bozeman Water Reclamation Facility -Phase 1 Bozeman, Montana Company Job Number: TBD Dear Mr. Adams: We are pleased to propose the following Agreement for providing independent project structural plan check services for the above referenced project. PROJECT DESCRIPTION The project is the expansion of wastewater plant for the City of Bozeman. It consists of a variety of structures improving the current wastewater facility. Per conversation with Cal Duerksen, and documentations given to us for review, it is our understanding that the City of Bozeman Building Department is soliciting our proposal for structural plan check on four structures within the total project. Hence, the specific structures that this proposal includes are the "Primary Effluent Pumping Station" (Building 6), the "New Bioreactor 2 and 3" (Building 7), the "New UFAT Pump Station" (Building 11), and the "New Secondary Clarifier 5 and 6" (Structure 18). OBJECTIVE OF REVIEW The objective of this review is to determine if the structural plans and specifications for the above referenced project are in compliance with the structural requirements of the applicable building code or codes and any other special requirements agreed to as part of the design. It is not the intent of this review to be a value engineering study or a review of a contractor's means and methods of construction. RESPONSIBILITY At no time shall it be construed that the structural engineer, in providing structural peer review services, is supplanting, or supplementing the Structural Engineer of Record in their professional responsibility for the design of the Primary Structural System. SCOPE OF SERVICES The Project Plan Check Services to be provided are described in the Summary of Services (Exhibit A} and Terms and Conditions (Exhibit B). Additional Services (Exhibit B. Paragraph 4. 1. 1) which are included, are specifically noted in Exhibit A. ENGINEERING COMPENSATION Compensation for our services shall be: Time and Material, not to exceed a maximum fee of eleven thousand dollars ($11,000.00). Additional Services shall be charged at our standard hourly rates at the time the service is provided. Our current standard hourly rates are as follows: Principal $ 125.00 Project Manager $ 110.00 Engineer $ 80.00 Clerical $ 65.00 A retainer in the amount of [N/A % of the total fee] or [$N/A] shall be paid upon execution of this contract. The retainer shall be applied against the final invoice. REIMBURSABLE EXPENSES Reimbursable Expenses, as described in the Terms and Conditions, shall be billed at a multiple of 1.5 times the cost incurred. ADDITIONAL PROVISIONS This Letter of Agreement, and Exhibits A & B attached hereto, constitute the entire Agreement between the parties. Please examine these documents, sign and return one copy to us along with the applicable retainer. An additional copy has been provided for your records. This proposal will be void if not accepted within 30 days of the date on this Agreement. We are looking forward to working with you on this project. Sincerely, ~-, ~ 03/03/2009 (Signature) (Date) Ty Monks, Principal Partner (Printed Name/Title) Agreed to and Accepted by: ~~ ~ o~ (Signature) (Date) ~ r ~ : k Kv ~{< <~~ -~ Iuha e~ (Printed Name/Title) ~~~ a~ ~~ Q (For) CASE Document 5-2004 An Agreement for Structural Project Peer Review Services Prepared by tale Council of American Shuctural Engineers EXHIBIT A -Summary of Services This is an exhibit attached to and made part of the letter of agreement dated March 03, ?009. between Nishkian Monks, PLLC and City of Bozeman, Wastewater Treatment Plant (Structural Engineer - SE) (Client) Specifically, besides providing a comprehensive structural review to verify that the subject project is designed in accordance with the governing code, the services of the Structural Engineer (SE) for this proposal include those summarized below. See Exhibit B-Tei-m~ and Conditions-for fiirtlrer detai Is. - Basic Services Included Not Included Remarks 1. Attend Meetings. ~ Max. of ( ) DESIGN LOAD CRITERIA Review and confirm that loads used. conform to applicable Code. Requirements. I. Gravity Loads: a. Live Loads y~ h. Dead Loads X c. Special Loads x d. Elevators ~ ~'I'1~ e. Cranes X ~ ~~ f. Mechanical Equipment jt 2 Lateral Loads: a. Wind Loads X b. Seismic Loads ~ c. Special Loads k d. Elevators ~ ~,,~ ~~ e. Cranes k ~~~ f. Mechanical Equipment X LATERAL LOAD RESISTING SYSTEM Identif and cafe orize t e of lateral Load resistin s stems. X LOAD PATNS Review load paths for gravity and lateral loads, from origin to foundations. }~ STRUCTURAL MEMBERS AND ASSEMBLIES Review a representative number of all structural elements (colwnns, beams, bracing, etc.) for stren th onl . ~ Not Basic Services Included Included Remarks REVIEW OF CONNECTIONS _ 1. Review a representative number of all hypes of structural assemblies (moment connections, framed connections, bracing `X connections, etc.). REVIEW OF FOUNDATION ELEMENTS 1. Review geotecllnical report for confirmation of type of proposed foundation elements. road capacityrepresentative number of foundation elements for •x REVIEW OF SPECIAL REQUIREMENTS 1. Review architechn•al documents for potential special load or ~ framing requiremetjts. 2. Review of SER's design provisions for loading and performance criteria ofpre-engineered systems to be designed by ~ a Specialty Engineer. REVIEW SPECIFICATIONS Review specifications for implementation of desiy3 materials. ?~. REPORT Provide written report of Endings to Client, [In order to limit the extent oi'the written report, the Peer Reviewer is encouraged to have fairly frequent contact with the SER to exchange points of view and suggest normal changes.] CONSTRUCTABILITY REVIEW Review SER's provisions for constructability. 'x ADDITIONAL SERVICES i.JPlan check services are limited to first plan check submittal and first flan check response. Alt subsequent submittals will be reviewed and billed at Time and Material. CASE Document 5-2004 An Agreement for Structural Project Peer Review Services© Prepared by the Council of American Structural Engineers EXHIBIT B -Terms and Conditions This is an exhibit attached to and made part of the letter of agreement dated March 03, 2009, between Nishkian Monks, PLLC and City of Bozeman, Wastewater Treatment Plant (Structural Engineer - SE) (Client) Section 1 -General 1.1 This Agreement 1.1.1 These Terms and Conditions, along with the Letter Agreement, and Exhibit A-Summary of Services, form the Agreement as if they were part of one and the same document. 1.1.2 The Letter Agreement and Exhibit A may modify the applicability of these Terms and Conditions. Such limitation shall take precedence over provisions of this Exhibit. 1.2 General Obligations of the Structural Engineer and the Client 1.2.1 The SE, shall perform those structural plan check services as specified in Exhibit A and detailed in these Terms and Conditions. In rendering these services, the SE shall apply the skill and care ordinarily exercised by structural engineers at the time and place as the services are rendered. 1.2.2 The Client shall identify the applicable building code or codes, and provide the SE with a copy of the drawings, property surveys, geotechnical reports, specifications and structural design calculations to the extent requested by the SE. 1.2.3 The Client shall provide all criteria and full information with regard to his or her requirements for the Project. 1.2.4 The Client shall arrange for the SE to have access to the proposed site, if the SE recommends that such a visit is appropriate or desirable. 1.2.5 The Client and the SE shall each designate a person to act with authority on his or her behalf with respect to all aspects of the Project. 1.2.6 The SE shall submit to the Client a schedule for the performance of the SE's services. This schedule shall include requirements for information to be furnished by the Client. 1.2.7 The Client shall arrange for the SE to contact the SER and other members of the design team, as required by the SE. B-1 1.3 Definitions 1.3.1 Non-Structural Elements are elements of a building that are not Primary or Secondary Structural Elements. Items in this category could include curtain walls and cladding, non-bearing partitions, stair railings, etc. 1.3.2 Pre-Engineered Structural Elements are structural elements that are specified by the SER but may be designed by a Specialty Engineer. These elements are normally fabricated off-site, may require specialized equipment not usually available at the job site or may require a proprietary process. The SER shall specify the design criteria, including the incorporation of the Pre-Engineered Structural Elements into the structure. Examples of Pre-Engineered Elements may include, but are not limited to: a. Open web steel joists and joist girders. b. Wood trusses. c. Combination wood and metal, and plywood joists. d. Precast concrete elements. e. Prefabricated wood or metal buildings. f. Tilt-up concrete panel reinforcement and hardware required for lifting to position. 1.3.3 Primary Structural System is the completed combination of elements which serve to support the Building's self weight, the applicable live load (which is based upon the occupancy and use of the spaces), and the environmental loads such as wind, seismic, and thermal. Curtain wall members, non-load bearing walls and exterior facade are examples of items that are not part of the Primary Structural System. 1.3.4 Reimbursable Expenses are expenses incurred directly or indirectly in connection with the project such as, but not limited to, transportation, meals and lodging for travel, long distance telephone calls and facsimile transmissions, overnight deliveries, courier services, professional services sales taxes, the cost of reproductions beyond those normally required for coordination and information purposes, and the cost of outside professional services. 1.3.5 Secondary Structural Elements are elements that are structurally significant for the function they serve but do not contribute to the strength or stability of the Primary Structure. Examples may include but not be limited to: support beams above the primary roof structure which carry a chiller, stairs, elevator support rails and beams, retaining walls independent of the primary building, and flagpole or light pole foundations. 1.3.6 Specialty Engineer is a licensed professional engineer, not the SER, who is legally responsible for sealing plans and designs for Pre-Engineered Structural Elements which are necessary for the structure to be completed. The Specialty Engineer is usually retained by a supplier or subcontractor who is responsible for the design, fabrication and (sometimes) installation of engineered elements or by the General Contractor or Subcontractor(s) responsible for construction related services. 1.3.7 Structural Engineer of Record (SER) is the Structural Engineer legally eligible to seal the Structural Documents for the Project. This seal acknowledges that he or she has performed or supervised the analysis, design and document preparation for the building structure and has knowledge of the requirements for the load carrying Structural System. The SER is responsible for the design of the Primary Structural System. B-2 Section 2 -Basic Services 2.1 General 2.1.1 The Basic Services of the SE shall include the project peer review of the Primary Structural System, as designated in Exhibit A. Section 3 -Exclusions 3.1 General 3.1.1 The structural plan check is not to be interpreted as a review of any non-structural provisions of the applicable building code or codes nor is it a review of any code provisions other than those concerning the stability and integrity of the primary structural system. It is not a review of secondary or non-structural elements, general requirements, such as Use Group or Type of Construction or the review of fire protection requirements. 3.1.2 No attempt will be made to coordinate the structural components of the building with the non-structural systems and elements shown or specified on the documents of other design disciplines. No attempt will be made to verify dimensions, except to the extent necessary to review the adequacy of a particular structural component. Section 4 -Additional Services 4.1 General 4.1.1 Services beyond those outlined under Basic Services may be requested. These may be provided by the SE under terms mutually agreed upon by the Client and the SE. Section 5 -Fees and Payments 5.1 Fees and Other Compensation 5.1.1 Fees for Basic Services, Additional Services, and Compensation for Reimbursable Express are set forth in the Letter Agreement. 5.2 Payments on Account 5.2.1 Invoices for SE's services shall be submitted, at the SE's option, either upon completion of any phase of the service or on a monthly basis. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the invoice date. 5.2.2 Retainers, if applicable to this Project, shall be credited to the final invoice(s). 5.2.3 Any inquiry or questions concerning the substance or content of any invoice shall be made to the SE, in writing, within 10 days of receipt of the invoice. A failure to notify the SE within this period shall constitute an acknowledgement that the service has been provided. B-3 5.3 Late Payments 5.3.1 A service charge will be charged at the rate of 1.5% (18% true annual rate) per month or ". the maximum allowable by law on the then outstanding balance of past due accounts. In the event any portion of the account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. Section 6 -Insurance, Indemnification & Risk Allocation 6.1 Insurance 6.1.1 The SE shall secure and endeavor to maintain professional liability insurance, commercial general liability insurance, and automobile liability insurance to protect the SE from claims for negligence, bodily injury, death, or property damage which may arise out of the performance of the SE's services under this Agreement, and from claims under the Workers' Compensation laws. The SE shall, if requested in writing, issue certificates to the Client confirming such insurance. 6.2 Indemnifications 6.2.1 The SE shall indemnify and hold harmless the Client and its personnel from and against any and all claims, damages, losses and expenses to the extent they are caused by the negligent: acts, errors, or omissions by the SE in performance of its services under this Agreement subject to the provisions in paragraph 6.3.1 of Risk Allocation. 6.2.2 The Client shall indemnify and hold harmless the SE and all of its personnel, from and against any and all claims, damages, losses and expenses arising out of or resulting from the performance of the services, provided that any such claims, damage, loss or expense is caused by the negligent; act, error or omission and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except the SE) or anyone for whose acts any of them may be liable. 6.3 Risk Allocation 6.3.1 In recognition of the relative risks, rewards and benefits of the Project to both the Client and the SE, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, the SE's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this Agreement, from any cause or causes, shall not exceed the amount of $50,000 or, the amount of the SE's fee (whichever is greater); or other amount agreed upon. Such causes include, but are not limited to, the SE's negligence, errors, omissions, strict liability and breach of contract or breach of warranty. Section 7 -Miscellaneous Provisions 7.1 Reuse of Documents 7.1.1 The reports prepared by the SE pursuant to this Agreement are instruments of professional service intended for the one-time use in connection with this Project. They are and shall remain the property of the SE. Any reuse without written approval or adaptation by the SE is prohibited. B-4 7.2 Termination, Successors and Assigns 7.2.1 This Agreement may be terminated upon 10 days written notice by either party should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay the SE for all services rendered to the date of termination, all reimbursable expenses, and reasonable termination expenses. 7.2.2 The Client and SE each binds himself or herself, partners, successors, executors, administrators, assigns and legal representatives to the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations of this Agreement. 7.3 Disputes Resolution 7.3.1 All claims, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be presented to mediation. 7.4 Governing Laws 7.4.1 This Agreement shall be governed by the laws of the principal place of business of the Structural Engineer (SE). Section 8 -Supplemental Conditions N/A B-5