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HomeMy WebLinkAbout04/07/2015 05F Lions Pool Facility Audit Agreement with Counsilman-HunsakerITEM TITLE: SUBMITTED BY: Scott Schafer, Director of Public Works Ken Wilkinson, Parks and Recreation Manager (509) 576-6416 SUMMARY EXPLANATION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.F. For Meeting of: April 7, 2015 Resolution authorizing a Facility Audit Agreement with Counsilman -Hunsaker to evaluate capital repair/replacement needs for Lions Pool 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 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: RECOMMENDATION: City Manager 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 1-11 memo Counsilman-Hunsaker facility audit 3/13/2015 Cover Memo 1-11 resolution Counsilman-Hunsaker facility audit 3/20/2015 f esollu.utiion CI agreement Counsilman-Hunsaker facility audit 3/13/2015 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. RESOLUTION NO. R -2015- 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 Cawley, Mayor Sonya Claar Tee, City Clerk Cou 111111111111111111111 111111111111111111111 nsilman Hu AQUA CS FO nsaker 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: Dallas °°° Denver °°° Los Angeles °°° St. Louis www.chh2o.com 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.). Dallas °°° Denver °°° Los Angeles °°° St. Louis www.chh2o.com 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 $135.00/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-HUNSAK R City of Yakima 41/ Signature Scott W. Hester, P.E. Signature Tony O'Rourke Print Name Print Name President Title Title February 25, 2015 City Manager Date Date Client Information: Ken Wilkinson City of Yakima Parks and Recreation Manager 509.575.6005 ken.wilkinson@yakimawa.gov 11 February 2015 Page 6 Lions Pool — Yakima, WA