HomeMy WebLinkAboutR-2015-041 Lions Pool Facility Audit Agreement with Counsilman-HunsakerRESOLUTION NO. R-2015-041
A RESOLUTION authorizing the City Manager to execute an agreement with
Counsilman-Hunsaker for the facility audit of Lions Pool.
WHEREAS, the City is the owner of Lions Pool located at 509 West Pine Street,
Yakima, Washington, and situated generally upon and within Yakima County Assessor's
Parcel No. 181324-44432; and
WHEREAS, the Pool is a valuable recreational resource for the community; and
WHEREAS, the City intends to undertake a facility audit for Lions Pool, and
WHEREAS, the Consultant possesses expertise in the field of swimming pool
design and engineering; and
WHEREAS, the City desires to retain the Consultant as its independent contractor
for purposes of evaluating the existing Lions Pool aquatic facility, located in Yakima, WA
hereinafter referred to as the "Project"; and
WHEREAS, it is in the best interest of the City of Yakima to execute the attached
agreement, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute and administer the
attached and incorporated agreement between the City of Yakima and Counsilman-
Hunsaker for the facility audit of Lions Pool.
ADOPTED BY THE CITY COUNCIL this 7th day of April, 2015
ATTEST:
Micah Cawli, Mayor
PA
Counsilman • Hunsaker
AQUATICS FOR LIFE
FACILITY AUDIT AGREEMENT
THIS AGREEMENT is made and entered into this 'day of
, 2015, by and
between the CITY OF YAKIMA, hereinafter referred to as the "OWNER" and COUNSILMAN-
HUNSAKER, a Missouri corporation, doing business at 10733 Sunset Office Drive, Suite 400, St.
Louis, Missouri 63127-1018, hereinafter referred to as the "Consultant".
WHEREAS, the Owner intends to undertake a facility audit for an aquatic center, and
WHEREAS, the Consultant is a consultant possessing expertise in the field of swimming pool
design and engineering, and
WHEREAS, the Owner desires to retain the Consultant as its independent contractor for purposes of
evaluating the existing aquatic center at the LIONS POOL, located in YAKIMA, WASHINGTON
hereinafter referred to as the "Project" and,
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties
hereto agree as follows:
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I. SERVICES: The Owner hereby retains the Consultant as its swimming pool engineering
consultant for the proposed project. The scope of the Consultant's services are:
Facility Audit
1. Prepare a commentary on the existing condition of the:
• Pool structure and finishes
• Recirculating system, piping, fittings, and valves
• Filtration system, mechanical and overflow recovery system
• Water chemistry treatment system
• Pump, flow meters, gauges, and controls, etc.
• Deck equipment
2. Review the pool(s) for deficiencies with regard to current local health code, federal
law, and industry standards.
3. Prepare a general commentary on support spaces including the bather preparation
area and equipment areas.
4. Prepare an overview commentary on the existing condition of natatorium systems
including:
• Deck surface - deck drainage
• Interior coatings
• Acoustical system
• Heating system/air handling
• Heating duct system
• Dehumidification system
• Climate control
• Pool water heating
• Overhead lighting/illumination, emergency lighting
• Light fixture/ballast suspension system
• Doors and door frames
• Accessibility provision - A.D.A.
• Codes and standards
5. Prepare specific commentary on any necessary repairs, replacement or restoration of
the pool systems, including identification of issues requiring further intensive
evaluation and analysis.
6. Recommend priority of renovation or replacement of pool systems, (i.e., immediate,
remedial, and/or long range, etc.).
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7. Provide an opinion of probable construction cost for the swimming pool(s) and
address questions regarding such estimate data for the aquatic facility. The
Consultant does not guarantee opinion of probable costs.
8. Submit a written report of perceived sub -standard conditions and/or shortcomings
of the overall facility with commentary for possible action for correction,
including identification of any equipment and/or systems requiring more intensive
evaluation and analysis by the consultant and/or other consultants specializing in
other disciplines.
Services to be provided to Counsilman-Hunsaker will primarily consist of furnishing all
available in written reports and in its most recent form for the facility including:
1. A written report (or copy of staff report) on existing construction or equipment
problems and on-going maintenance problems. Note: The items in the staff report
will constitute the primary focus of the survey/audit study.
2. Original construction plans and specifications and/or subsequent construction
documents for repair, renovation, replacement, etc.
3. Operation and Maintenance Manuals.
4. Shop drawings or other submittal data from the original construction or from
subsequent construction.
5. Submittal data or manufacturers' data on equipment now installed.
6. A written report (or copy of staff reports) on recent work completed on the pool.
7. A reported loss of water (quiescent) in 24 hours.
8. A copy of any reports from regulatory agencies listing deficiencies in the facility.
9. A copy of any accident reports (by the staff) or a list of perceived safety hazards to
the user or staff.
10. A "wish list" for features or changes desired in the facility. (This list could be
accommodated in a stage -progression and allowances made in any plans for future
work.)
11. Cost estimates and/or proposals recently received for renovation or replacement
work.
11 February 2015 Page 3 Lions Pool — Yakima, WA
II. EXCLUSIONS: The Consultant excludes the extensive and likely invasive examinations
listed below. Extensive analysis of these areas of concern shall be authorized by the Owner
as an additional service and completed by other Consultants specializing in these disciplines.
1. Structural analysis of pool shell(s).
2. Determining causes of identified water loss.
3. Geotechnical testing and analysis at the site.
4. Determining water table elevations at the site.
5. Locating aquifers at the site.
6. Locating electrical currents and their sources at and around the pool(s).
7. Equipotential bonding and grounding of the pool(s).
III. DRAWINGS: All of the reports, drawings and specifications prepared by the Consultant as
instruments of service are and shall be the property of the Consultant whether the project for
which they are made is executed or not. The Owner shall be permitted to retain copies,
including reproducible copies of the reports, drawings and specifications.
IV. HOLD HARMLESS: To the fullest extent permitted by law, and notwithstanding any
other provision of this Agreement, the total liability, in the aggregate, of the Consultant
and the Consultant's officers, directors, partners, employees, agents and Consultant's
Subconsultants, and any of them, to the Client, Owner and anyone claiming by, through or
under the Client or Owner for any and all claims, losses, costs, or damages whatsoever
arising out of, resulting from, or in a anyway related to the drawings, specifications, reports,
conclusions and recommendations shall not exceed the total compensation received by the
Consultant under this Agreement. It is intended that this limitation apply to any and all
liability or cause of action however alleged or arising, unless otherwise prohibited by law.
This Agreement shall be administered and interpreted under the laws of the State of
Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington
State. If any part of this Agreement is found to conflict with applicable laws, such part
shall be inoperative, null, and void insofar with said laws, but the remainder shall be in full
force and effect. Venue for all disputes arising under this Agreement shall lie in a court of
competent jurisdiction in Yakima County, State of Washington.
V. FEES: Total fees shall not exceed $20,000.00 which includes one (1) site visit and related
travel expenses.
The Consultant shall submit monthly statements of basic and additional services and for
reimbursable expense incurred, based upon the Consultant's hourly rate schedule for services
completed at the time of billing. Reimbursable expenses shall include qualifying travel
expenses, postage, express mailings, printing expenses for copies in excess of 10 of the final
report and 5 draft copies, and any artwork desired, such as renderings that might be used in
community publicity. Telephone and fax service are included in the basic fee.
11 February 2015 Page 4 Lions Pool — Yakima, WA
Owner shall make payment within thirty (30) days after receipt of invoice from Counsilman-
Hunsaker. If Owner fails to make any payment due Consultant for services and expenses
within forty-five (45) days after invoice date. Consultant may, after giving seven (7) days
written notice to the Owner, suspend services until payment is made in full of all past due
invoices for this project.
To the fullest extent permitted by law, and notwithstanding any other provision of this
Agreement, the total liability, in the aggregate, of Counsilman-Hunsaker and Counsilman-
Hunsaker's officers, directors, partners, employees, agents and Counsilman-Hunsaker's
consultants, and any of them, to Owner and anyone claiming by, through or under OWNER
for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from,
or in any way related to the conclusions and recommendations expressed in the Facility
Audit shall not exceed the total compensation received by Counsilman-Hunsaker under this
Agreement.
VI. ADDITIONAL SERVICES: All additional services must be authorized in writing.
The Consultant shall be paid for additional services according to the following fee
schedule (if not listed as a lump sum):
Principal/Studio Director
Site Visit
Project Manager
Project Engineer/Architect
Design Associate
Administrative
$ 160.00/hour
$1,500.00 / day plus expenses
$13 5.00/hour
$110.00/hour
$90.00/hour
$55.00/hour
VII. TERMINATION: Each party agrees that upon the occurrence of a material breach or default
of the other under the terms of this Agreement, it shall provide written notice of such default
to the other. Such written notification given by the party shall specifically state the material
breach or default under the terms of this Agreement. The notified party shall have thirty (30)
days after such notice is given to remedy the specific breach or default. Upon the failure by
the defaulting party to cure the specified breach or default within the allotted time, or
recurrence of the same breach within thirty (30) days after its initial cure, the other party shall
have the right to terminate this Agreement except with respect to any liabilities or obligations
which, under the terms of this Agreement are to survive its termination.
VIII. SCHEDULE OF WORK: The Consultant shall execute all of the tasks listed above within
60 calendar days of receipt of a signed agreement and authorization to proceed. Review
periods by the Owner, or other extensions not caused by the Consultant, will be added to the
60 calendar days.
11 February 2015
Page 5 Lions Pool — Yakima, WA
IX. ENTIRE AGREEMENT: This agreement constitutes the entire understanding between the
parties and cannot be modified except by their mutual written consent. In the event of a
conflict between this Agreement and the terms of any other agreement or document pertaining
to the Project, the terms and provisions of this Agreement will be controlling.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above
written.
ACCEPTED:
COUNSILMAN-HUNKER
f
Signature /
President
Title
March 26, 2015
Date
Client Information:
Ken Wilkinson
City of Yakima
Parks and Recreation Manager
509.575.6005
ken.wilkinson@yakimawa.gov
City of Yakima
Ton 0 Rourke
Print Name
Title
City Manager
Date
CITYCONTRACitiO -20 S' U72
REsoumoma-aQiS't)'
11 February 2015 Page 6 Lions Pool — Yakima, WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.F.
For Meeting of: April7, 2015
ITEM TITLE: Resolution authorizing a Facility Audit Agreement with Counsilman
-Hunsaker to evaluate capital repair/replacement needs for Lions
Pool
SUBMITTED BY: Scott Schafer, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager (509) 576-6416
SUMMARY EXPLANATION:
Lions Pool is currently the City of Yakima's only indoor pool. It is an aging facility that has
provided nearly 45 years of service to our community.
Parks and Recreation Division intends to undertake a facility audit to evaluate its capital
repair/replacement needs. Parks and Recreation desires to retain a consultant as its independent contractor
for the purpose of evaluating the existing aquatic facility. Counsilman-Hunsaker possesses such expertise
in the field of swimming pool design and engineering. The scope of the consultant's services are
preparing a commentary on the existing condition, reviewing the pool for deficiencies, preparing specific
commentary on any necessary repairs, replacement or restoration of the pool systems, recommending
priority of renovation or replacement of pool systems, providing an opinion on of probable construction cost
for the swimming pool and address questions regarding such estimate data for the aquatic facility and
submitting a written report.
Counsilman-Hunsaker will provide the City with an indepth facility audit to determine the condition and
future repair/replacement needs for Lions Pool. The terms of the Agreement would be in an amount not to
exceed Twenty Thousand Dollars ($20,000). (See attached Agreement)
Resolution: X
Other (Specify):
Contract: X
Start Date:
Item Budgeted: No
Funding Source/Fiscal Impact:
Strategic Priority:
Insurance Required? Yes
Ordinance:
Contract Term: 60 days
End Date:
Amount: $20,000
Parks Capital Fund
Improve the Built Environment
Mail to: Ken Wilkinson
Phone: 509-575-6416
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Staff respectfully requests City Council approve the Resolution authorizing the Agreement with
Counsilman-Hunsaker for the facility audit of Lions Pool.
ATTACHMENTS:
Description Upload Date Type
O memo Counsilman-Hunsaker facility audit 3/1 8801E CoverMemo
O resolution Counsilman-Hunsaker facility audit 3/208015 Resolution
O agreem ent Counsilman-Hunsaker facility audit 3/1 88015 Contract
Memorandum
Date: March 18, 2015
To: Honorable Mayor, Members of City Council, City Manager
From: Scott Schafer, Public Works Director
Ken Wilkinson, Parks and Recreation Manager
Subject: Agreement between City of Yakima and Counsilman-Hunsaker
Parks and Recreation intends to undertake a facility audit for Lions Pool. Counsilman-Hunsaker is a
consultant possessing expertise in the field of swimming pool design and engineering. Parks and
Recreation desires to retain the consultant as its independent contractor for purposes of evaluating the
existing aquatic facility. The cost of the services provided by Counsilman-Hunsaker will not exceed
$20,000. The scope of the consultant's services are preparing a commentary on the existing condition,
reviewing the pool for deficiencies, preparing specific commentary on any necessary repairs, replacement
or restoration of the pool systems, recommending priority of renovation or replacement of pool systems,
providing an opinion of probable construction cost for the swimming pool and address questions
regarding such estimate data for the aquatic facility and submitting a written report.