HomeMy WebLinkAbout1980-04-01; City Council; Resolution 6129c\ t*
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RESOLUTION NO. 6. 4/49
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
The City Council of the City of Carlsbad, California,
does hereby resolve as 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
Apri 1 , 1980, by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Cas1 er NOES: None
ABSENT E FJone
ATTEST:
- RONALD C. PACKARD, Mayor
(SEAL)
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xhibi t "A" to esolution No. 6129
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 ]hqh day of
APdijbe , 1980, by and between the CITY OF CARLSBAD, a municipal corporation,
hereinafter referred to as "City'', and Bird, Fujimoto & Fish, a California
corporation, hereinafter referred to as 'lConsultantll.
In addition, the following items are defined for use in this
agreement: llEngineer" refers to the City Engineer of the City of Carlsbad.
"Projectll refers to the construction of a 25-meter by 25-yard pool and aquatics
building together with all facilities and appurtenances thereto.
WITNESSETH:
WHEREAS, the City requires the services of an engineering-
consulting firm to provide the necessary architectural and engineering services '
for the Project; and
WHEREAS, Consultant possesses the necessary skills and quali-
fications to provide the services required by the City;
NOW, THEREFORE, the parties hereunto agree as follows:
ARTICLE I : SCOPE OF CONSULTANT SERVICES
The scope of work includes the preparation of plans, specifi-
cations and bid documents for the construction of a municipal pool.
The pool shall 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 construction, shal I be
included in the contract.
The Consultant shall submit a preliminary design package for
review and approval by the City.
following items:
The preliminary package shall include the
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and rights-of-way and proposed building. Rights-of-way should be located
precisely in relationship to the control line used.
2.
ing uti I ities, per Kammeyer & Partners plans.
All surveys necessary to obtain precise and clear locations of the pool
Uti I ity research and tentative disposition" or relocation of any interfer-
3. Outline of design al
4. A preliminary layout
5. Outline of solar fac
tion. Solar design wi I I
ernatives and cost-saving measures.
plan of the various alternatives.
lities and method and probable cost- of implementa-
be included in final design only if City issues a
change 3rder under Article VI 11.
These items are to be approved-by the City Eng
f i na I design package.
The final design package shall
neer
cons
1. Complete structural calculations for the design
2. A complete set of 24" by 36" reproducible plans
prior to submitting the
st of the following items:
of the pool and building.
in accordance wi-th 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-
d be stallation. Type, quality and quantity of all materials required
clearly indicated.
3.
architect and/or structural engineer.
Plans and specifications shatl be signed by a registered civi
shou
eng neer,
4. The Consultant will assure that the Contractor will provide the follow-
ing items of pool equipment as a part of the contract:
a.
b. Two each one-meter "short stand" and 16-foot Maxiflex board.
c. Two each lifeguard stands and chairs.
One each three-meter diving si-and and 16-foot Maxiflex bGard.
d. Five sets recessed steps and handrails.
e. Four sets lane line anchors, eight'per set.
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f. ' Twelve each stanchion post sockets (backstroke and recall lines).
g. Eight each water polo goal anchor sockets (if possible).
h. Sixteen each starting platform anchor inserts (type as compatible
with platforms used).
i. One set handrails at steps and handicapped ramp.
j.
k. Four lighting poles.
One each gas mask at Chlorine Room.
5. A structural steel schedule shall be provided with d
quantities of all steel required.
6. Specifications shall be provided in conformance with
Recent specifications will be available upon request for
mensions and
City Standards.
guidance.
7. The design shall be in accordance with Article V, Pool Criteria Guide-
I ines.
8. All plans and specifications and submitted items shall be developed in
a form satisfactory to the City.
9. Design sha.11 be in accordance with soil reports provided by City.
10. Final cost estimate.
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 fu'ture:
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.
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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. One each first aid kit.
I. One each deep-water safety line, 82-foot polyethelene rope with
red and white buoys.
m. Sun-Aird clothing bags, quantity as required (approximately 200).
n. Lockers (approximately 20 to 30 per dressing room).
2. The following items may be provided:
a. Eight each lane lines, 25 yards.
b. Eight each lane lines, 25 rrieters.
c. Two each lane I i ne storage reels.
d. Eight each starting platforms (second set of eight as desired).
e. Four each water polo goals (if possible).
f. Six each seven-foot aluminum stanchions for backstroke warning flags
and recal I flag 1 ines.
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, pori-able stand.
i. One set folding table and chairs, judges' stand. 7
j. Kickboards, display time clock, lap counters, flash cards and similar
equipment as desired,
k. One each thermal pool and storage reel.
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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
foresig'ht 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 installxents according to
Article VI shall be $58,000. No other compensation for services will be al-
lowed except those items covered by supplemental agreements per Article l l l,
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.
I. The pool dimensions will be:
a. 25 meters by 25 yards (minimum).
b. Shallow teaching area, depth 2 feet to 34 feet.
c. Handicap access (as legally required).
d. Depth at swim lanes, minimum 34 feet.
e. Depth at 3'meter diving board, 13 feet.
f. Two one-meter Maxiflex boards, Durafirm short stands on concrete pad.
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g. One 3-meter Maxiflex board, Durafirm stand or alternate approved by.
City with option for City to provide board .and stand by separate purch-
ase.
h. Surface area approximately -6,775 square feet with. 370,000-gal Ion ca-
paci ty.
2. Pool construction details are:
a. Concrete and gunite material.
b. Ful ly recessed perimeter overflow with gutter return.
c. Recessed steps.
d. Painted lane lines.
e. Finished floor of deck shall be same as the finished floor of aqtiat-
ics building.
3. Fi Itration/ci rculation detai Is are:
a.
earth filtration designed for easy disposal of waste D.E.
Rapid sand filter if allowed by County; otherwise, vacuum diatomaceous
b. Bottom inlets, located on black painted lane lines.
c. Chlorination:
(1) Gas chlorination, one ton cyI.inder with 150# standby system.
(2) Chlorinator specifications written for direct mount "Advance"
. type for both one ton and 150# systems.
(3) Two-ton manual hoist.
d. AI kal izer:
(1) Caustic soda alkalizer system (not.soda ash).
e. Automated monitoring system:
(1) Specifications written for automated, recording system for
Stantrol 311 BR type. system or approved equivalent.
4. Pool heating details are: '
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a. Indirect, gas-fired water heater. .
b. 100% pool heating capacity by boiler with eight-hour recovery.
c.
construction item (solar system design).
d. Pool blanket included, storage reel(s) included,
Design provisions for inclusion of solar heating system as alternate
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 ouflets:
a. 110 v. outlets at height (approximateIy'18") adjacent to four corners
of main pool for use with electronic timing (N.1.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 I ine 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
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f. Recall and backstroke lines, with deck anchors for both short courses,
25 yards and 25 meters.
8. Dressing rooms/office control building details are: .
a. Provision for floor or wall-safe.
b.
c.
Tempered water in showers and cold water only to wash basins.
Spring loaded automatic shut off valves at wash basins and showers.
d. Wall mounted toilets, partitions, benches.
e. Recessed fluorescent lighting, with switch controls in central loca-
tion (other than office).
f. Office to be "secured" when facility is rented by swim team, etc.,
with no access to ofher than City staff.
g. Provision for telephone, or jack at entry and first aid room.
h. First aid area to serve as staff area for those on "break" or time
off when working a split-shift.
i. Provision for total lock up of building when not in use, i.e., doors
or grate on passageway from dressing rooms onto deck, etc.
j. Restroom facilities shall be provided for spectators. Provisions
for machine concessions shall be added to the spectator area.
9. Budgetary consideration: The pool shall be designed with a maximum bud-
get of $850,000.
As further guidelines, the Request for Proposals for this
project, as well as the project description in Consultant's proposal insofar
as they do not conflict with the other provisions of this agreement, are in-
cluded in this agreement.
ARTICLE VI: PAYMENT OF FEES
The Consul tan? shal I be entitled to a 20% payment of I ump sum
fee at the time of approvaf of the preliminary design package. Thereafter,
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Consultant may submit evidence in the form of draft plans,
and other documents as evidence of progress of work for an
ress payment of 55% (up to a maximum fee of 75%) of total
specifications
incrementa I prog-
ump sum prior to
f ina I des.ign
90% of total lump
sum fee). The remaining 10% shal I become due and payable .at the completion
submission of final design package. Upon final approval o
package, an additional incremental 15% will be paid (up to
of the construction of Project, but no later than two years from date of 90%
completion, if all work is completed and approved by the City Engineer.
ARTICLE VII: FINAL SUBMISSIONS
Within 15 days of completion and approval of the final design,
the Consultant shal I deliver to the City of Carlsbad the foi lowing 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.
36" sheets.
3. Ali final engineering certifications and documents.
ARTICLE VIII: CHANGES IN WORK
Original mylars at scale of the drawings reproducible on standard 24" by
If, in the course of this contract and design, changes seem
merited either by the Consultant or from the City and informal consultations
with the other party indicate that a change in'the conditions of the con-
tract is warranted, the Consultant or the City may reque5t.a change in con-
tract. Such changes shall be processed by the City in the following 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-
T
ment on the proposal, a supplemental agreement shall be prepared by the City
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and approved by the City Council. Such supplemental agreement shall not
render ineffective or invalidate unaffected portions of the agreement.
Changes requiring immediate action by the Consultant or City shall be or-
of the Consultant's
h a supplemental
dered by the City Engineer who will inform a principa
firm of the necessity of such action and follow up wi
agreement covering such work.
ARTICLE IX: COVENANT AGAINST CONTINGENT FEES
of this agreement. For breach or violation of this
have the right to annul this agreement without liab
cretion, to de'duct from the agreement price or cons
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 resulting from the award or making
warranty, the City shall
Iity, or, in its dis-
deration, 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 faiture to prosecute,
del iver, 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 deliver documents to the City of the percent-
age of work which the Consultant has performed
*. to the City in having the contract completed.
reported to the City Council, the Council shal
of the contract.
which is usable
Based upon that
determi ne the
and of worth
finding, as
inal payment
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ARTICLE XI : D I SPUTES
a.
under
quest
tween
among
If a
this contract,
on of fact or
part i es . Such
dispute should arise regarding the performance of work
the following procedure shall be used to resolve any
nterpretation not otherwise settled by agreement be-
questions, if they become identified as part of dispute
persons operat ng under the provisions of this contract,
reduced to writing by the principal of the consultant firm or
neer. A copy of such documented dispute shall be forwarded to
sha I,
he C
both
be
ty Engi-
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 reso
the aggrieved party, a letter out1
the City Counci 1 for their resolut
ution thus obtained is unsatisfactory to
ning the dispute shall be forwarded to
on through the office of the City Manager.
The City Council may then opt to consider the directed so
lem. In such cases, the action of the City Council shall
the parties
parties seek
ARTICLE XI I:
drawings and
ution to the prob-
be binding upon
nvolved, although nothing in this procedure shall prohibit the
ng remedies available to them at law.
CHECKING OF SHOP DRAWINGS AND CONSULTATION DURING CONSTRUCTION
The Consultant shall be responsible for checking all shop
erection drawings and shoring. draw i ngs submitted duri ng the con-
struction process.
will be forwarded to Consultant who will check them for conformance with
Such drawings, when submitted to the City for approval,
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.
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The City anticipates, after signing of this agreement, two
council meetings, one committee meeting and a bid review to be included in
the contract compensation amount. Additional meetings will be compensated
for at the rate of $35 per hour.
The Consultant shall advise and assist the contract adminis-
tration and inspection efforts of the City during construction on matters
relating to correct interpretation 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 Consultant is hired to render a professional service
only, and any payments made to Consul ant are compensation solely for such
services as Consultant may render and recommendations Consultant may make
in the course of the Project. Consu tant shall provide endorsement on all
plans, specifications, estimates, and agreement data furnished. Consultant
shall be responsible for complying with UBC.
ARTICLE XIV: SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tender-
ing 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.
for proper filing and closing
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
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final deternination as to the portions of the tasks completed and the ..
compensation to be made.
ARTICLE XV: STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for
herein in Consultant's own way as an. independent contractor and in pursuit
of Consultant's 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
to conform
Consultant
specificat
f i led with
ARTICLE XV
cations as
which they
naPed, ai I
with the City as provided for in the Request for Proposal.
ARTICLE XVI: CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specificat
to all applicable requirements of law: Federal, State and
shall provide the necessary copies of such project drawings
ons
oca I a
and
ons, together with all necessary supporting documents to be
any agencies whose approval is necessary.
I: OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and specifi-
herein required are the property of the City whether the work for
are made be executed or not. In the event this contract is termi-
documents, plans, specifications, drawings, reports and studies
shall be delivered forthwith to the City. Such documents with Consultant's
name block shall not be used by the City at another site without the con-
sent of the Consultant.
ARTICLE XVIII: HOLD HARMLESS AGREEMENT
The City, its agents, officers, and employees shall not be
liable for any claims, liab'ilities, penalties, fines, or any damage to goods,
properties, or effects of any person whatever, nor for personal injuries or
dc;ath of any person arising out of or resulting directly.or indirectly from
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any act, error or omission of Consultant or Consultant's agents, employees
or representatives. Consultant agrees to defend, indemnify and save free
and harmless the City and its authorized agents, officers, and employees
against any of the foregoing liabil ties or claTms of any kind and any cost
and expense that is incurred by the City on account of any of the foregoing
liabilities, including liabilities r claims by reason of alleged defects
in any plans and specifications, unless the liability or claim is due, or
arises out of, solely to the City's negligence,
ARTICLE XIX: ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part
thereof or any monies due thereunder without the prior written consent of
the City.
ARTICLE XX: SUBCONTRACTING
if the Consultant shal I subcontract any of the work to be
performed under this contract by the Consu I tant, Consu I tant sha I I be f u I 1 y
responsible to the City for fhe acts and omissions of Consultant's subcon-
tractor and of the persons either directly or indirectly employed by the
subcontractor, as Consultant is for the acts and omissions of persons di-
rectly employed by Consultant. Nothing contained in this contract shal I
create any
and the Ci
, , subcontrac
contractual relationship between any,subcontractor of Consu
y. The Consultant shall bind every subcontractor and every
or of a subcontractor
to Consultant's work unless spec
tract in question approved in wr
by the terms of this contract applica
tant
le
fically noied to the contrary in the subcon-
ting 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
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in negotiating, making, accepting, or approving of any architectural, en-
gineering inspection, construction, or material supply contractor, or any
subcontractor in connection with the construction of the Project shall be-
come di rect ly or i ndi rect
any part thereof. No off
inspector of or for the C
y interested personally in this contracf or in
cer, employee, architect, attorney, engineer, or
ty who is authorized in such capacity and on be-
half of the City to exercise any executive, supervisory, or other similar
functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part
the reof.
ARTICLE XXII: VERBAL AGREEMENT OR CONVERSATION
. No verbal agreement or conversation with any officer, agent,
or employee of the City, either before, during, or after the execution of
this contract, shall affect or modify any of the terms or obligations here-
in contained'nor such verbal agreement or conversation entitle the Consul-
tant f-o any additional payment whatsoever under the terms of this contract.
ARTICLE XXIII: SUCCESSORS OR ASSIGNS
Subject to the provisions of Article XV
Agreement, all terms, conditions, and provisions hereof
11,
sha
Hold Harmless
I inure to and
shall bind each of the parties hereto, and each of their respective heirs,
executors, administrators, successors and assigns.
ART I CLE XX I V: EFFECT I VE DATE
This contract shall be effective on and from the day and year
f i rst above written.
ARTICLE XXV: CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement
with the City Clerk of the City of Carlsbad. The Consultant shall report
under Categories B, D and F of Section 302 of the Conflict of interest Code.
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ARTICLE XXVI: COST REPORTING
Any documentation or written report shall contain in a sep-
arate 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 her6unto set our hands and seals.
CITY OF CARLSBAD .
ATTEST:
"Y A
CITY CLERK
BIRD, FUJ IMOTO & FISH
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