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HomeMy WebLinkAbout01/15/2019 06I Feasibility Study Agreement with Counsilman-Hunsaker for Outdoor Community Swimming Pool at Martin Luther King Jr. Park to\'4\lyy tbxk ik 1 PPP +� PPP d g. P A P p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.1. For Meeting of: January 15, 2019 ITEM TITLE: Resolution authorizing a Feasibility Study Agreement with Counsilman-Hunsaker for an Outdoor Community Swimming Pool at Martin Luther King Jr. Park SUBMITTED BY: Scott Schafer, Director of Public Works Ken Wilkinson, Parks and Recreation Manager 576-6416 SUMMARY EXPLANATION: At the June 5, 2018 City Council meeting, staff was directed to bring forth a proposal regarding the possibility of constructing a City pool on the east side of town. With input from the Community Swimming Pool Ad Hoc Committee, the City Council determined that the best location of the pool would be at Martin Luther King Jr. Park. In order for the City to proceed with the proposed project and to be eligible for any possible grant funding for the outdoor swimming pool, a defined scope of work must first be developed consisting of actual designs with estimated operational and construction costs. Utilizing the State of Washington Municipal Research and Service Center Professional Services Roster process, the City selected the consulting firm of Counsilman— Hunsaker to conduct the Feasibility Study. Counsilman— Hunsaker is considered a leading expert in pool evaluations and designs. The terms of the Feasibility Study is to identify three possible schematic designs for the community outdoor pool, provide estimated cost to construct each of the designs and estimated operational cost for each pool. The cost for the study is not to exceed $35,000 and is attached for review. City Council identified using REET I Funds to fund the Feasibility Study and funds were approved in the 2019 budget. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager 2 STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: The feasibility study was discussed at multiple Parks and Recreation Commission meetings and the Park and Recreation Commission recommends approving the proposal. ATTACHMENTS: Description Upload Date Type D reso 1110'2019 Cover Memo D Agreement 12128/2018 Contract 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing an agreement with Counsilman-Hunsaker to conduct a feasibility study for construction of an outdoor pool at Martin Luther King Jr. Park. WHEREAS, the City is the owner of Martin Luther King Jr. Park located at S. 9'h St. & E. Race St., Yakima, Washington, situated generally upon and within Yakima County Assessor's Parcel No. 19131941451; and WHEREAS, the City intends to conduct a professional feasibility study to consider the construction of an outdoor pool at Martin Luther King Jr. Park; and WHEREAS, the City has identified Counsilman-Hunsaker as a consultant that possesses the necessary expertise in swimming pool complex siting, planning and design; and WHEREAS, the City desires to retain Counsilman-Hunsaker as its independent consultant for purposes of feasibility analysis and planning for a proposed outdoor pool at Martin Luther King Jr. Park; and WHEREAS, the Scope of Work and Budget included in the Feasibility Study Agreement attached hereto and incorporated herein by this reference meet the needs and requirements of the City of Yakima for this project; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Feasibility Study Agreement with Counsilman-Hunsaker for consultation services related to conducting a feasibility study for the proposed Martin Luther King Jr. Park pool project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute a Professional Services Agreement with Counsilman-Hunsaker, attached hereto and incorporated herein by this reference, in an amount not to exceed Thirty-Five Thousand Dollars ($35,000) to provide the Professional Services described in the Agreement. ADOPTED BY THE CITY COUNCIL this 15'h day of January, 2019. Kathy Coffey, Mayor ATTEST: Sonya Clear Tee, City Clerk 4 AQUATICS FOR LIFE FEASIBILITY STUDY AGREEMENT THIS AGREEMENT made and entered into at St. Louis, Missouri this day of , 2018, 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 63 127-1 0 1 8, hereinafter referred to as "the Consultant". WHEREAS, the City of Yakima is undertaking a Feasibility Study Plan for an outdoor pool at Martin Luther King Jr. Park, located in Yakima, WA and, WHEREAS, the Consultant is a consultant in the field of swimming pool complex planning and design, and WHEREAS, the City of Yakima, is desirous of retaining the Consultant as its independent contractor for purposes of planning the aquatic center. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: I. SERVICES. The City of Yakima, hereby retains the Consultant as its aquatic planning and design consultant for the proposed project. The scope of the Consultant's services are: TASK 1 - NEEDS ANALYSIS: (1 trip) A. Meet with the steering committee, plus any designated community groups and/or individuals involved in the project to analyze needs and determine objectives. The Consultant will conduct individual interviews as necessary with, for example, local education administrators and/or athletic directors, chamber of commerce representatives, business leaders, private and public recreation providers, health professionals, competitive swim groups, swim coaches, instructors, activity programmers, youth and seniors groups, and others if requested in order to ascertain existing levels of service and the perceived needs of various user groups in the community. B. In addition to individual meetings, The Consultant will participate in a public or by invitation civic meeting to discuss the various issues concerning the proposed facility. This discussion will include images and/or video presentations with commentary on features of other aquatic centers similar to that being considered for this project, background information on historic and contemporary issues in the industry, and an open-forum question-and-answer session to discuss concerns and needs of those individuals and groups attending the meeting. A Dallas a Denver m Los Angeles St. Louis wwtchh2o.cam 5 matrix of programming priorities will be developed and discussed to prioritize programming and facility features. The Consultant will use the results of the interviews and public workshop to develop a needs profile. C. Conduct research and compile demographic information necessary to appropriately evaluate the proposed facility, including population, age distribution, income, weather analysis and economic considerations that could affect the project's viability. D. Prepare and submit an outline of a Design Program of spaces and features for the proposed aquatic center describing the pool size, shape and support spaces based on preliminary discussions and meetings noted above. E. Based on the first meeting and committee's review of the outline program, develop with the Owner or architect a Design Program for the aquatic facility with recommendations on the size and shape of the pool(s) as well as architectural and engineering features of the building and support spaces. The Design Program will address the following items: 1. Pool (or pools) or Spaces Design: Size, Depth, Configuration, Water Features, etc. 2. User Populations and Programs to be Supported 3. Pool Markings 4. Traffic Patterns 5. Deck Equipment 6. Underwater Features 7. Mechanical Features, Filter System Options, Water Treatment and Automatic Water Treatment Control 8. Support Spaces including parking, bathhouse, pool mechanical spaces, fencing, landscaping, etc. TASK 2 - CONCEPTUAL PLAN: (1 trip) A. Based on the agreed upon program, the Consultant will prepare three concepts. Typically, these concepts consist of an ideal, preferred and minimum acceptable. The ideal concept includes areas of programming without taking into account budget considerations. The preferred facility supports the design program with costs to meet the proposed budget. The minimum acceptable concept is a facility that will be considered if the project experiences limited funding. B. The Consultant will provide a conceptual plan of the site and support buildings. The purpose of the plans will be to illustrate ways to organize the spaces in a functional arrangement and to confirm that the support spaces will contain the areas proposed in the Design Program. December 5, 2018 Page 2 City of Yakima 6 C. The Consultant will prepare an Opinion of Probable Construction Cost for the pool(s) and building. Recent project bid figures of similar projects will be used as well as national estimating guides and local cost adjustment factors. The hard construction cost figures will be supplemented by a development cost factor, which will include such "soft" costs as professional fees, survey, geotechnical report, document reproduction, advertisement for bids and all anticipated expenses related to the administration of the project. The sum of these two cost figures will be the total project cost so that the Owner will have a comprehensive overview before making an informed decision about the project. D. The Consultant will meet a second time with the committee to participate in a design workshop. Preliminary concepts and program features will be reviewed and confirmed. A public meeting may or may not be held as a part of this visit. E. Following the meeting, the Consultant will make revisions to the selected plan, if necessary, and mail it to the Committee. TASK 3 - EXPENSE and REVENUE ANALYSIS: (1 trip) A. The Consultant will prepare a Feasibility Study and will develop an opinion of operations protocol for the proposed project. The following will be researched and analyzed: 1. Area Aquatic Providers 2. Market Area Demographics Population, Age, Income 3. Area Aquatic User Groups Historic Usage and Project Level of Growth 4. Facility Management Outline Facility Operating Schedule Facility Capacity Limits Organization Chart Wage Structure 5. Opinion of Probable Revenue Market Penetration Seasonal Usage Develop Fee Structure Opinion of Attendance By User Group Opinion of Revenue 6. Opinion of Probable Expenses Labor Demand Chemical Demand Supply Demand Maintenance and Repair Demand Utility Demand 7. Opinion of Facility Financial Performance December 5, 2018 Page 3 City of Yakima 7 B. The Consultant will make a final presentation to the project committee outlining the methods and results of the study. DRAWINGS. Except for reference and coordination purposes in connection with future additions or alterations to the work, drawings, specifications and other documents prepared by Counsilman-Hunsaker are instruments of the service for use solely with respect to this project and, unless otherwise provided, Counsilman-Hunsaker shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including copyright. The Consultant's drawings, specifications or their documents shall not be used by the Architect or others on other projects except by agreement in writing and with appropriate compensation to the Consultant. The Architect shall be permitted to retain copies, including reproducible copies of the reports. II. FEES: The Consultant's lump sum, Not Too Exceed fee shall include three (3) site visits which include reimbursable travel expenses. (Site visits in excess of three (3) shall be authorized by the Client in writing in advance and compensated with fee and reimbursable expenses as Additional Services.) The Lump Sum Not Too Exceed fee including site visits is $35,000, including reimbursable travel expenses. TASK 1: Needs Analysis $7,900.00 TASK 2: Conceptual Plan(s) $8,600.00 TASK 3: Expense and Revenue Analysis $13,500.00 Additional Services Rates: Principal $220.00/hour Director $200.00/hour Project Manager $175.00/hour Project Engineer/Architect $150.00/hour Design Associate $125.00/hour Administrative $70.00/hour Site Visit $1,500.00/day * * Excluding travel expenses The Consultant shall submit monthly invoices for services and reimbursable expenses incurred, based upon the percentage of the Consultant's services completed at the time of billing. Owner shall make payments to Consultant within forty-five (45) days of the 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. December 5, 2018 Page 4 City of Yakima 8 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, cad imaging including fly-through segments that might be used in community publicity. Telephone and fax services are included in the basic fee. 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 receipt of invoice, Consultant may, after giving seven (7) days written notice to the Owner, suspend services under his Agreement until payment in full of amounts due Consultant for services and expenses have been paid. 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 a any way related to the conclusions and recommendations expressed in the Feasibility Study shall not exceed the total compensation received by Counsilman- Hunsaker under this Agreement. III. 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. IV. SCHEDULE OF WORK: The Consultant shall execute all of the tasks listed above within 120 calendar days of receipt of a signed agreement and authorization to proceed. Review periods by the Owner, postponement of meetings, submittal of Owner information or other delays not caused by the Consultant, will be added to the 120 calendar days. December 5, 2018 Page 5 City of Yakima 9 V. 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 his 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-HUNSAKER CITY OF YAKIMA BY: '- BY: Michael Gartland - Principal Date: December 5, 2018 Date: Contact Information: Ken Wilkinson City of Yakima Parks and Recreation 2301 Fruitvale Blvd. Yakima,WA 98902 509-576-6416 Kenneth.wilkinson@yakimawa.gov December 5, 2018 Page 6 City of Yakima