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HomeMy WebLinkAbout1980-04-01; City Council; 910-24; Swimming Pool AgreementL- .- ENGINEERING C. Mgr. 117, -- - ---_+-- I) E I' A i; T 14 E N T : SUBJECT: SWIMMING POOL AGREEMENT STATEMENT OF THE MATTER As authorized by the Council in their March 11, 1980 workshop, Engineering staff has pre- pared an agreement in conjunction with the Parks & Recreation Department. This agreement was presented to the advisory committee on the pool (City Manager Frank Aleshire, School Superintendent Robert Crawford and former pool committee member Gail Deweese) at a meet- ing on March 18, 1980. The advisory committee reviewed the agreement and are in apparent agreement with it. The agreement provides for completion of the design for the sum of $58,000, within a three-month period,-which would be necessary if work is to begin accord- ing to schedule, within the budget of $850,000. Funds are allocated in Account No. 1-170- 3030 (General Fund Capital Improvement Program) and Account No. 22-170-3030 (Federal Reve- nue Sharing). The architect has'also reviewed and approved the agreement. EXHIBIT Reso I ut Fish on No. 6i2Tapproving that certain agreement between the City and Bird, Fuj RECOMMENDATION Adopt Resolution No. (,,/a?. moto & Council Action: 4-1-80 Council adopted Resolution 6129, approvin$ that certain agreement between the City and Bird, Fujimoto & Fish, subject to changes as noted by the City Engineer, and submittal of the new contract to the School Board for comments. 1200 ELM AVENUE CARLSBAD. CALIFORNIA 93008 April 4, 1580 Robert Crawford, Superintendent. Carlsbad Unified School District 801 Pine Avenue CarlsLad, California 92008 Subject: Agreement for Swimming Pool As discussed yesterday on the telephone, the Board took no action to oppose the agreement as it was submitted to them for approval because they felt it was not within their jurisdiction.. unless advised otherwise, that no objection exists from the School' Board with the City proceeding with the implementation of the agree- ment. If we can be of further assistance please advise. Thus, we shall assume, TELEPHONE: e'iu G-5621 fyc- Larry C. ossey Principal Civi 1 Engineer LCD:VEB . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lf IS 2c 21 22 22 24 2E 2E ' 27 2€ --r - RESOLUTION NO. A RESOLUTION OF THE'CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BIRD, FUJIMOTO AND FISH FOR PREPA- RATION OF PLANS AND SPECIFICATIONS FOR THE MUNICIPAL SWIMMING POOL COMPLEX $L/J9 The City Council of the City of Carlsbad, California, does hereby resolve 2s follows: 1. That certain agreement between the City of Carlsbad and Bird, Fujimoto and Fish for preparation of Plans and Specifications for the Municipal Swimming Pool Complex, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference,-is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. ' PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the -- 1st day of ADri 1 , 1980, by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Cas1 er NOES: None RONALD C. PACKARD, Mayor ATTEST : (SEAL) <.xhibi t "A" to iesolution No. 6129 i CONSULTING AGREEMENT FOR PROVISION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE MUNICIPAL SWIMMING POOL ON MONROE AVENUE SOUTH OF BASSWOOD STREET THIS AGREEMENT, made and entered into as of the JLq4 day of /%%'IL , 1980, by and between the CITY OF CARLSBAD, a.municipal corporation, hereinafter referred to as "City", and Bird, Fujimoto & F.ish, a California corporation, hereinafter referred to as In addition, the following items are defined for use in this agreement: "Engineer1' refers to the City Engineer of the City of "Project" refers to the construction of a 25-meter by 25-yard poo building together with all facllities and appurtenances thereto. WITNESSETH: WHEREAS, the City requires the services of an eng Carlsbad. aquatics and neer consulting firm to provide the necessary architectural and engineering for the Project; and WHEREAS, Consultant possesses the necessary skills and ng- services qual i- fications to provide the services required by the City; NOW, THEREFORE, the parties hereunto agree as fol lows: ARTICLE I : SCOPE OF CONSULTANT SERV ICES The scope of work includes the preparation of plans, specifi- cations and bid documents for the construction of a municipal pool. The pool shal I be designed to be structurally adequate for all anticipated loading conditions and uses. All existing facilities requir- ing removal, redesign, or restoration due to project constructick, shall be Included in the contract. The Consultant shall s.ubmit a preliminary design package for review and approval by the City. The preliminary package shall include the following items: ,, 1. All surveys necessary to obtain precise and clear locations of the pool and rights-of-way and proposed building. Rights-of-way should be located precisely in relationship to the control line used. 2. ing utilities, per Kammeyer & Partners plans. 3. 4. A preliminary layout plan of the various alternatives. Uti I ity research and tentative disposition or relocation of any interfer- Outline of design alternatives and cost-saving measures. 5. Outline of solar facilities and method and probable cost of implementa- tion. Solar design will be included in final design only if City issues a change order under Article VIII. These items are to be approved by the City Engineer prior to submitting the final design package. The final design package shall consist of the following items: 1. Complete structural calculations for the design of the pool and building. 2. A complete set of 24" by 36" reproducible plans in accordance with City requirements. Drawings shall be neat and legible with dimensions to all in- stallations. Details should provide for a clear and definite manner of in- stallation. Type, quality and quantity of all materials required should be clearly indicated. 3. -Plans and specifications shall be signed by a reg architect and/or structural engineer. ' 4. . The Consultant will assure that the Contractor wi ste red I prov ing items of pool equipment as a part of the contract: civil eng de the fo a. One each three-meter diving stand and 16-foot Maxiflex board. b. Two each one-meter "short stand" and l6-foot Maxiflex board. c. Two each lifeguard stands and chairs. d. Five sets recessed steps and handrails. . I e. Four sets lane line anchors, eight per set. neer, I ow- -2- .. f. Twelve each stanchion post sockets .(backstroke and recall lines). 9. Eight each water polo goal anchor sockets (if possible). h. Sixteen each starting platform anchor inserts (type as compatible with platforms used). .- i . j. One set handrai Is at steps and handicapped ramp. One each gas mask at Chlorine Room. k. Four lighting poles. 5. A structural steel schedule shal I be provided with dimensions and quantities of all steel required. 6. Specifications shall be provided in conformance with City Standards. Recent specifications will be available upon request for guidance. 7. The design shall be in accordance with Article V, Pool Criteria Guide- I ines. 8. All plans and specificatFons and submitted items sha a form satisfactory to the City. 9. Design shall be in accordance with soil reports prov 10. Final cost estimate. . I, be developed in ded by City. 11. The Consultant shall prepare the plans and specifications in accordance .with the design standards of the County of San Diego Health Department and recognized current design practice. ARTICLE I I: OTHER DESIGN CONSIDERATIONS Consultant shall make design provisions in plans and speci- fications for these items which may or may not be provided at a future time: 1. The following items may be provided in the future: T a. One each water test kit. b. One each thermometer. c. One each portable vacuum cleaner, hose and head, 208 v. or 22 v. subject to electrical service provided. -3- d. One each resuscitator. e. Four each telescoping aluminum poles and wall hangers. f. One each cleaning brush. g. One each skimmer net. h. Four each ring buoys and polyethelene ropes. ' i. Body and life hook. j. Four each safety and first aid signs. k. 1. One each deep-water safety line, 82-foot polyethelene rope with red and white buoys. rn. Sun-Aird clothing bags, quantity as required (approximately 200). n. Lockers (approximately 20 to 30 per dressing room). One each first aid kit. 2. The following items may be provided: a. Eight each lane lines, 25 yards. b. Eight each lane lines, 25 meters. c. Two each lane line storage reels. d. e. Four each water polo goals (if possible). f. Six each seven-foot aluminum stanchions for backstroke warning flags Eight each starting platforms (second set of eight as desired). . and recall flag lines. g. One each recall flag line, length as required. h. One each 110 v. PA system connectible through area lighting standards, amp1 if ier, mike, two or more remote speakers, portable stand. i. One set folding table and chairs, judges' stand. j. Kickboards, display time clock, lap counters, flash cards and similar equipment as desired. . k, One each thermal pool and storage reel.,. 3.. City will obtain all necessary permits and environmental and zoning clear- ances. ARTICLE I I I: PROGRESS AND COMPLETION The work under this contract will begin within ten days after receipt of notification to proceed by the City and be completed within three months of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Engineer. In consideration of such requests the City Engineer will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. The three months shall not in- clude time waiting for City approval of preliminary design package. ARTICLE IV: FEES TO BE PAID TO CONSULTANT_ The lump sum fee payable in installments according to Article VI shall be $58,000. No o-l-her compensation for services will be al- lowed except those items covered by supplemental agreements per Article Ill, Changes in Work, or per Article XI I, Checking of Shop Drawings and Consulta- tion during Construction. ARTICLE V: POOL CRITERIA GUIDELINES Pool criteria guidelines are as follows. . 1. The pool dimensions will be: a. b. C. d. e. f. 25 meters by 25 yards (minimum). Shallow teaching area, depth 2 feet to 34 feet. Handicap access (as legally required). 1 Depth at. swim lanes, minimum 34 feet. Depth at 3-meter diving board, 1.3 feet. Two one-meter Maxiflex boards, Durafirm short stands on concrete pad. -5- .-- g. One 3-meter Maxif lex board, Duraf i rm stand or alternate approved by City with option for City to provide board and stand by separate purch- ase. h. pacity. Surface area approximately 6,775 square feet with 370,000-gallon ca- 2. Pool construction details are: a. Concrete and gunite material. b. c. Recessed steps. 1 d. Painted lane lines. e. Finished floor of deck shall be same as the finished floor of aquat- ics building. Ful ly recessed perimeter overflow with gutter return. 3. Fi ltration/circulation detai Is are: a. Rapid sand filter if allowed by County; otherwise, vacuum diatomaceous ' ' earth filtration designed for easy disposal of waste D.E. b. Bottom'inlets, located on black painted lane lines. c. Ch I ori nat i on: (1) Gas chlorination, one ton cylinder with 150# standby system. (2) type for both one ton and 150# systems. (3) Two-ton manual hoist. Chlorinator specifications written for direct mount "Advance" d. Alkal izer: (1) Caustic soda alkalizer system (not soda ash). e. Auiomated monitoring system: (1) Specifications written for automated, recording system for Stantrol 3.11 BR type system or approved equivalent. 4. Pool heating details are: -6- a. Indirect, gas-fired water heater. b. 100% pool heating capacity by boiler wif-h eight-hour recovery. c. Design provisions for inclusion of solar heating system as alternate construction item (solar system-design). d. Pool blanket included, storage reel(s) included. 5.. Pool and deck lighting details are: a. Wet niche type underwater lights for night time pool. b. use and other security lighting as required. c. Pool and deck lighting switches located in deck area lock box or stor- age room (not in office). Light standards concrete pad mount for night time swimming and diving 6. Electrical outlets: a. 110 v. outlets at height (approximately 18") adjacent to four corners of main pool for use with electronic timing (N.l.C.1 and public address system. b. 208 v. or 220 v. outlets on two sides of main pool for use with vac- uum (pool cleaning equipment). 7. Deck and pool equipment: a. Guard chairs to be deck mounted with sleeves provided with no pro- truding bolts when chair removed during meets. b. Lane line storage reels need cover.or sun shade, such as solar pan- els, to prevent cracking. c. Deck anchors provided (with covers) for both 25-meter short course and 25-yard short course for use with starting platforms, Paragon type. d. Water polo goals (4) deck mounted. on for separate telephone line for school district, such as e outlet or lock.box. e. Provis deck or po - 7- f. Recall and backstroke lines, with deck anchors for both short courses, 25 yards and 25 meters. 8. 'Dressing rooms/office control a. Provision for floor or wa b. Tempered water in showers building details are: I safe. and cold water only to wash basins. showers . c. d. Wall mounted toilets, partitions, benches. e. Recessed fluorescent lighting, with switch controls in cen tion (other than office). Spring loaded automatic shut off valves at wash basins and ral loca- f. Office to be "secured" when faci l ity is rented by swim team, etc., with no access to other than City staff. g. Provision for telephone, or jack at entry and first aid room. h. Firs off when i. Prov or grate aid area to serve as staff area for those on "break" or time working a spl it-shift. sion for total lock up of building when not in use, i.e., doors on passageway from dressing rooms onto deck, etc. j. Restroom facilities shall be provided for spectators. Prov for machine concessions shall be added to the spectator area. 9.- Budgetary consideration: The pool shall be designed with a max get of $850,000. sions As further guidelines, the Request for Proposals for this project, as well as the project description in Consultant's proposal inso as they do not conflict with the other provisions of this agreement, are cluded in this agreement. ARTICLE VI: PAYMENT OF FEES The Consultant shall be entitled to a 20% payment of lump IllUlll uuu- ar n- s um fee at the time of approval of the preliminary design package. Thereafter, -8- Consultant may submit evidence in the form of draft plans, specificat and other documents as evidence of progress of 'work for an incrementa ons . prog- ress payment of 55% (up to a maximum fee of 75%) of tota'l I ump sum prior to submission of final design package. Upon final approval of final design package, an additional incremental 15% will be paid (up to 90% of total lump sum fee). The remaining 10% shall become due and payable at the completion of the construction of Project, but no later than two years from date of 908 completion, if all work is completed and approved by the City Engineer. I ARTICLE VI I: FINAL SUBMISSIONS Within-15 days of completion and approval of the final design, the Consultant shall deliver to the City of Carlsbad the following items: 1. Five copies of the plans and specifications in a form suitably bound and on white paper. A reduced set of drawings shall be bound into each set of specifications. 2. Original mylars at scale of the draw 36" sheets. 3. A.II final engineering certifications ARTICLE V merited e with the 1 \ ngs reproducible on standard 24" by and documents. I I : CHANGES IN WORK If, in the course of this contract and design, changes seem ther by the Consultant or from the City and informal consultations ther party indicate that a change in the conditions of the con- tract is warranted, the Consultant or the City may request a change in con- tract. Such changes shal I be processed by the City in the fol lowing manner: A letter outlining the required changes shall be forwarded to City or Con- sultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agree- ment on the proposa I, a supplemental agreement shal I be prepared by the City -9- . . . . . ._ 1 and approved by the City Counci I . Such supplemental render ineffective or invalidate unaffected portions Changes requiring immediate action by the Consultant agreement shall not of the agreement. or City shal I be or- dered by the City Engineer who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. ARTICLE IX: COVENANT AGAINST CONTINGENT FEES The Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or result'ing from the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its dis- cretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE X: TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, there- upon, has five working days to del iver documents to the City of +he percent- age of work which the Consultant has performed which is usable and of worth to the City in having the contract completed. Based upon that finding, as reported to the City Council, the Council shall determine the final payment of the contract. -10- *. ARTICLE XI: D I SPUTES If a dispute should arise regarding the performance of work under this contract, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement be- tween parties. Such questions, if they become identified as part of dispute among persons operating under the provisions of this contract, shall be t-educed to writing by the principal of the consultant firm or the City Engi- neer. A copy of such documented dispute shal I be forwarded to both parties involved along with recommended methods of resolution which would be of bene- fit to both parties involved. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolu- tion within ten days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the prob- lem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. ARTICLE XI I: CHECKING OF SHOP DRAWINGS AND CONSULTATION DURING CONSTRUCTION The Consultant shall be responsible for checking all shop drawings and erection drawings and shoring drawings submitted during the con- struction process. Such drawings, when submitted to the City for approval, will be forwarded to Consultant who will check them for conformance with plans and specifications and return them to the City with endorsement by the Consultant within 20 working days if no other specified period is assigned by the City Engineer. The cost of such checking of shop drawings shall be included under the lump sum amounts in Article VI, Payment of Fees. -1 1- The City anticipates, after'signing of this agreemenl', two council meetings, one committee meeting and a bid review to be included in Additional meetings will be compensated .- the contract compensation amount. for at the rate of $35 per hour. The Consultant sha tration and inspection efforts of relating to correct interpretation I advise and assist,the contract adminis- he City during construction on matters of contract documents, change orders and review of work in progress. Such consultation shal I be performed upon notification by the City and for a maximum fee of $35 per hour of consulta- tion work as approved by the City. Consultation work resulting from per- formance deficiency by the Consultant shall not be compensated for by the City (as determined by the City Engineer). ARTICLE XIII: RESPONSIBILITY OF THE CONSULTANT The Consultan't is hired to render a professional service only, and any payments made to Consultant are compensation solely for such services as Consultant may render and recommendations Consultant may make in the course of the Project. Consultant shall provide endorsement on all 's ha ART plans, specifications, estimates, and agreement data furnished. Consultant I be responsible for complying with UBC. CLE XIV: SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminatsd by either party upon tender- 30 days' written notice to the other party. In the event of such sus- pension or termination, upon request of the City, the Consultant shall as- semble the work product and put same in order and deliver said product to City. In the event of termination, the Consul- tant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. City shall make the for proper filing'and closing -12- i' . *- final determination as to the portions of the tasks completed and the compensation to ARTICLE XV: herein in Consu of Consultant's be made. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for tant's own way as an. independent contractor and in pursuit independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the Project but shall consult with the City as provided for in the Request for Proposal. ARTICLE XVI: CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State and local. Consultant shall provide the necessary copies of such project drawings and specifications, together with all necessary supporting documents to be filed with any agencies whose approval is necessary. ARTICLE XVII:' OWNERSHIP OF DOCUMENTS AI1 plans, studies, sketches, drawings, reports and specifi- cations as herein required are the property of the City whether the work for which they are made be executed or not. In the event this contract is termi- I documents, plans, specifications, drawings, reports and studies delivered forthwith to the City. Such documents with Consultant's nated, a shal I be name b Io k shall not be used by the City at another site withouf the con- sent of the Consultant. ARTICLE XVIII: HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any cl.aims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or dsath of any person arising out of or resulting directly or indirectl) from -13- .- any act, error or omission of Consultant or Consu or representatives. Consultant agrees to defend, .. oyees . free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing aims by reason of alleged defects the liability or claim is due, or I gence. liabilities, including liabilities or c in any plans and specifications, unless arises out of, solely to the City's neg ARTICLE XIX: ASSIGNMENT OF CONTRACT The Consultant shall not ass thereof or any monies due thereunder without tant's agents, emp indemnify and save gn this contract or any part the prior written consent of the City. ARTICLE XX: SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcon- tractor and of the persons either di rect I y or i nd i rect I y emp loyed by the subcontractor, as Consultant is for the acts and omissions of persons di- . rectly employed by Consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted tb the contrary in the subcon- tract in question approved in writing by the City. ARTICLE XXI : PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part -14- I- - in negotiating, making, accepting, or approv ng of any architectural, en- gineering inspection, construction, or mater al supply contractor, or any subcontractor in connection with the construction of the Project shall be- come directly or indirectly interested personally in this contract or in half of the City to exercise any executive, superv functions in connection with the performance of th di rect ly or i ndi rect ly i nterested personal I y in th thereof. ARTICLE XXII: VERBAL AGREEMENT OR CONVERSATION sory, or o s contract s contract any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on be- her simi tar shall become or any part No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract, shal I affect or modify any of the terms or ob1 igations here- in contained nor such verbal agreement or conversation entitle the Consul- tant to any additional payment whatsoever under the terms of this contract. ARTICLE XXIII: SUCCESSORS OR ASSIGNS Subject to the provisions of Article XVIII, Hold Harmless Agreement, all terms, conditions, and provisions hereof shall inure to and shal I bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. ARTICLE XXIV: EFFECTIVE DATE This contract shall be effective on and first above written. ARTICLE XXV: , CONFLICT OF INTEREST The Consultant shall file a conflict of with the City Clerk of the City of Carlsbad. The Consu under Categories B, D and F of Section 302 of the Confl ,. from the day and year 1 interest statement tant shal I 'report ct of Interest Code. -15- .. 1 ARTICLE XXVl : COST REPORTING Any documentation or written report shall contain in a sep- ara'te section the numbers and dollars amount of all contracts and subcon- tracts relating to the preparation of the document or report unless less than $5,000. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD ATTEST: pe;do,/ $g& CITY CLERK BIRD, FUJIMOTO ti FISH -16-