Loading...
2016 Sep 29 - CC PACKET SPC (Aquatics)SPECIAL MEETING AGENDA EL SEGUNDO CITY COUNCIL WEST CONFERENCE ROOM AND COUNCIL CHAMBER 350 MAIN STREET EL SEGUNDO CA 90245 The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City - related businesses that are within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of this Meeting. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name, residence, and the organization you represent, if desired. Please respect the time limits. In compliance with the Americans and Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk, 524 -2305. Please notify 48 hours prior to the meeting, which will enable the City to make reasonable arrangements to ensure accessibility to this meeting. SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL THURSDAY, SEPTEMBER 29, 2016 —1:00 PM 1:00 P.M. SESSION CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only) — 5 minute limit per person, 30 minute limit total) Pursuant to Government Code § 54954.3(a), the only public comment that will be permitted during this Special Meeting is that pertaining to the agenda item listed below. Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on their behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. UNFINISHED BUSINESS: 1. Consideration and possible action related to the design and construction of the new Aquatics Center at Wiseburn High School. (Fiscal Impact: To Be Determined — Not to Exceed $1,800,000.00) Recommendation — 1) Discuss options to reduce the scope of the El Segundo Aquatics Center design to total less than $13,800,000; 2) Alternatively, discuss and take other action related to this item. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se g.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 8 - matters 1. Employee Organizations: Police Management Association; Police Officers Association; Police Support Services Employees Association; Fire Fighters Association; Supervisory and Professional Employees Association; City Employees Association; Executive Management Group (unrepresented group); Management/Confidential (unrepresented employees). Agency Designated Representative: Steve Filarsky and City Manager ADJOURNMENT POSTED: DATE:` TIME: NAME: E EL SEGUNDO CITY COUNCIL MEETING DATE:. September 29, 2016 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action related to the design and construction of the new Aquatics Center at Wiseburn High School. (Fiscal Impact: To Be Determined — Not to Exceed $1,800,000) RECOMMENDED COUNCIL ACTION: 1. Discuss options to reduce the scope of the El Segundo Aquatics Center design to total less than $13,800,000; and, 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Settlement Agreement between Wiseburn School District and City of El Segundo 2. Uhro Saari Swim Stadium Mechanical, Renovation, and Financial Analysis FISCAL IMPACT: Not to Exceed $1,800,000 (Aquatics Trust Fund) Amount Budgeted: $1,800,000 Additional Appropriation: $0 Account Number(s): 702 - 400 -5202 -8476 PREPARED BY: Meredith Petit, Director of Recreation & Parks REVIEWED BY: Greg Carpenter, City Manager APPROVED BY: Greg Carpenter, City Manager BACKGROUND & DISCUSSION: In May 2013, the City of El Segundo and Wiseburn School District entered into a Settlement Agreement that called for Wiseburn to commit $6,000,000 to the construction of an aquatics facility and the City to operate and maintain the facility into the future. According to the agreement, the City would also be responsible for any design and construction costs in excess of $6,000,000. In August 2014, the City Council selected the Isaac Sports Group to conduct an Aquatics Facility Program, Financial, and Sustainability Analysis, and in February 2015 the report was presented to City Council. The report offered three potential facility design concepts offering varying degrees of amenities and pool sizes. In March 2015, the City Council voted to proceed with the "Upgrade Option" with an estimated cost of $10,600,000 and designated $1,800,000 from the Aquatics Trust Fund towards the new facility with the hope that these funds would only be used if the subsequent community /business fund raising effort did not raise sufficient funds for the full proj ect cost. The desire at that time was that all or part of the Aquatics Trust fiend would remain available after fund - raising to renovate the aging Urho Saari Swim Stadium. Subsequently, in August 2015, the City entered into a Professional Services Agreement (not to exceed $50,000 from the Aquatics Trust Fund) to continue utilizing the consulting services of Isaac Sports Group to represent the City's interests in facility design and equipment selection during the design phase. Additional services that could be provided by Isaac Sports Group based on the evolution and timing of the project include: Action Plan and Timeline, Renovation of the Urho Saari Swim Stadium, 3 Facility and Program Marketing and Fundraising, Program Preparation, Facility Management Plans, and Financial Analysis. Over the past twelve months the various members of the design team have worked in concert to meet the end goals set forth by the City Council for a world -class aquatics center. City staff and Stu Isaac continued conversations with stakeholders and various user groups to fully understand and analyze each group's needs. Schematic drawings were presented by the architects that were engaged by the Wisebum School District and a construction management team was convened. In January 2016 the original Settlement Agreement between the City and Wiseburn School District was amended to document new developments in the project, including an updated project description to the "Upgrade Option ", the timeline for the project, lease terms, and financial responsibilities of each party. The current Settlement Agreement is attached to this report. Over the past three months the design team has been working diligently towards an accurate cost estimate for the project, including construction, soft costs and supporting equipment. Not uncommon for a complex public works project with multiple trades working in cooperation, there have been some modifications to the design plans, unforeseen challenges and cost escalations that have caused the current cost estimate to be higher what was originally anticipated. While the cost estimate for the project in 2015 was $10.6 million, the most recent estimate including increased contingencies totals $14.6 million. There are options for reducing the scope of the project as designed, as well as options to defer certain elements of the design or equipment purchases to a later date so as to reduce the initial fielding necessary to keep the project on schedule. The Wiseburn School District contribution is $6,000,000. South Bay Sports, Health, and Recreation was established to raise funds through sponsorships and donations and have pledged a goal of $6,000,000, while the City has allocated up to $1,800,000 to the project. These three funding sources total $13,800,000. It remains a priority of the City to also fund the future renovation of the Urho Saari Swim Stadium which could require up to $2,500,000 depending on the scope of the project, according to the Mechanical, Reno>>ation and Financial Analysis Report completed by Isaac Sports Group in April 2015. It is recommended that the City Council discuss the options for reducing the scope of the project to less than $13,800,000 to enable the Wiseburn School District to proceed with the construction phase. V FIRST AMENDED AND RESTATED SETTLEMENT AGREEMENT BETWEEN THE WISEBURN UNIFIED SCHOOL DISTRICT AND THE CITY OF EL SEGUNDO This Agreement ( "Agreement ") is made and entered into this 19th day of January 2016 by and between the Wiseburn Unified School District, a school district organized in accordance with the California Education Code ( "District ") and the City of El Segundo, a general law city and municipal corporation ( "City "). These parties may also be referred to in this Agreement individually as a "Party" and collectively as "Parties." 1. RECITALS. This Agreement is entered into with reference to the following facts and objectives: A. On May 22, 2013, the Parties entered into a Settlement Agreement that resolved a dispute regarding District's High School and the Property (the "Original Agreement "). To the extent they are applicable, the definitions set forth in the Original Agreement are incorporated into this Agreement by reference. B. To the extent they continue to be relevant for purposes of this Agreement, the recitals set forth in Section 1 of the Original Agreement are incorporated by reference. C. Since the Original Agreement was executed, representatives from each Party met met to implement the terms and conditions of the Original Agreement. D. Following a revision to the Project and an Addendum to the FEIR approved on November 20, 2014, the Parties identified additional mutual interests for helping to resolve the Dispute. Among other things, the Parties seek to construct a larger Aquatics Center than anticipated in the Original Agreement. E. The District Board and City's City Council believe that the public interest is served by settling the Dispute on the terms provided in this Agreement. This Agreement is intended by the Parties to resolve the Dispute in all respects. SETTLEMENT AGREEMENT 6 FOR AND IN CONSIDERATION of the above - referenced recitals and the promises and covenants contained in this Agreement, the Parties agree as follows: 2. AQUATICS CENTER. A. As described below, District agrees to design, and, if approved by the District Board, District agrees to cause construction of an "Aquatics Center" on the Property. B. At a minimum, the Aquatics Center must encompass approximately two (2) acres at the northwest corner of the Property and include the following: An outdoor 54 x 25 meter pool for swimming, water polo, physical education /recreational use. In addition, based on the El Segundo "Upgrade Option," the Aquatics Center should include a snack or small kitchen facility and a four lane shallow warm up pool with separate changing facilities for men and women. If the Aquatics Center budget allows (as reasonably determined by each Party), the Aquatics Center should include spring board diving board. ii. Two moveable bulkheads for short course swim. iii. Associated support structures /facilities to include at a minimum locker rooms and restrooms with an additional family restroom. iv. Separate meters for electricity, water, and gas to be installed to differentiate the Aquatics Center from the rest of the High School. If the Aquatics Center budget allows (as reasonably determined by each Party), the Aquatics Center should include a Cogeneration system. V. The Aquatics Center may include solar panels to reduce the cost of utilities. vi. The original conceptual design for the Aquatics Center is attached as Exhibit "A," and incorporated by reference (the "Conceptual Design ") and 2 SETTLEMENT AGREEMENT 6 the New El Segundo Upgrade Option is attached in Exhibit `B" and incorporated by reference "New El Segundo Upgraded Option." C. If, before construction commences on the Aquatics Center, the final budget for the Aquatics Center provides inadequate funding for all of the options identified in Section 2(B), then the Parties agree to cooperate to reduce the cost of the Aquatic Center through value engineering; eliminating or reducing elements; and otherwise redesigning the Aquatics Center to make it more cost effective. D. The Final Design. i. The Final Design for the Aquatics Center must be consistent with all requirements of applicable law including, without limitation, the Education Code and California State high school facility requirements. ii. The Final Design for the Aquatics Center will be consistent with, not be materially different from, and not be smaller than the Conceptual Design. iii. District will form a Design Committee for the Aquatics Center and City will be entitled to representation on this Committee. District will accommodate, to the extent reasonable and feasible, the comments of City. Except as set forth in clause (iv) with respect to equipment choices for the Aquatics Center, the determination of the ultimate Final Design for the Aquatics Center rests with the District Board. iv. With respect to decisions about equipment choices relating to operation efficiencies of the Aquatics Center and the quality of the equipment, District must implement the recommendations of City provided that such recommendations do not cause District's total costs for the Aquatics Center to exceed project funding /budget of $6,000,000 as specified in Section 6(A) below, or City pays for any costs in excess of this amount. V. Should City and District have a dispute regarding matters under clause (iv), District and City agree to submit such a dispute to nonbinding SETTLEMENT AGREEMENT 7 mediation as quickly as is practicable. The mediator must be a person specializing in construction matters related to public agencies. If agreement can be reached, the Parties agree to enter into a written mediation settlement agreement setting forth the terms and conditions of the issues upon which the parties have come to an agreement. If the Parties enter into a mediation settlement agreement, it may be enforced in any court of competent jurisdiction. Both Parties agree to share the fees and costs of the mediation equally except that legal, witness, and expert costs are the direct responsibility of each individual Party. E. None of the Parties may take any action in using, operating, or running the Aquatics Center that would jeopardize the tax exempt status of the bonds used to construct the Project and the Aquatics Center. F. The Aquatics Center will be named "City of El Segundo — Wiseburn Unified School District Aquatics Center ", or such other name as mutually agreed to by District and City. 3. PROCESSING AQUATICS CENTER PROJECT. A. Timing Milestones /Requirements: i. If the amended settlement agreement is approved by District Board, District must immediately modify its Project plans to include the Aquatics Center and submit such plans to the Division of State Architect ( "DSA ") as soon as reasonably practical. ii. Once DSA approves the Aquatics Center plans, District must undertake construction pursuant to its normal procedures in a timely fashion. District must inform City on an ongoing basis regarding District's progress and be provided the Notice Inviting Bids, as well as construction schedules submitted by the successful bidder. 4 SETTLEMENT AGREEMENT 8 iii. For any future change to the Aquatics Center, District will remain lead agency for CEQA purposes. Designation as lead agency does not require District to bear any or all costs of any future modification. 4. AQUATICS CENTER JOINT USE AGREEMENT. A. The Parties agree to separately enter into a Joint Use Agreement ( "JUA ") for use of the Aquatics Center in accordance with the requirements of this Agreement. The JUA will be executed by the Parties to this Agreement only; no other person including, without limitation, the ESUSD, will be a party to the JUA or a third - party beneficiary. City may, in its sole discretion, determine how (or if) ESUSD may access or use the Aquatics Center other than as provided in this Agreement. B. The JUA for the Aquatics Center must, at a minimum, provide as follows: The term must be at least 25 years with a 25 year renewal option, and a subsequent 25 year renewal option that may only be exercised at City's request. ii. The form of the JUA must be substantially similar to existing joint facility use agreements between school districts and cities in California. iii. Unless otherwise provided in the JUA, District and ESUSD will have exclusive (i.e., public use is prohibited during these times) and equal use of the Aquatics Center, including the therapy pool, Monday through Friday, for a maximum of six hours per day for the period commencing one week before the start of the District's School Year through the end of the District's School Year, and on select pre- agreed upon, non - school days which days cannot exceed twelve days per year. All other hours will be governed in accordance with Section 4(B)(vi) of this Agreement. The JUA may utilize a method for making changes to this schedule without amending this Agreement. For any such schedule, however, District and ESUSD uses must have priority over other recreational uses. Before the 5 SETTLEMENT AGREEMENT 9 academic year commences, District, ESUSD and City will develop a master calendar for Aquatics Center use. The District and the City agree to cooperate and entertain flexibility concerning scheduling of the uses of the Aquatic Center. iv. District's and ESUSD's use of the Aquatics Center must be equitably determined by the JUA to accommodate, among other things, the El Segundo High School swim teams or water polo teams during times identified by the JUA to which the ESUSD may be a party. V. City will have exclusive use of the Aquatics Center, including the therapy pool, during all days and times that District and /or ESUSD do not have such exclusive use. If District and ESUSD have different exclusive use periods and ESUSD has no objection, City may use the therapy pool during ESUSD's sole exclusive use period. At all times during which City has use of the Aquatics Center, City may utilize its park permitting regulations as set forth in El Segundo Municipal Code ( "ESMC ") §§ 9 -8- 1, et seq. for purposes of scheduling events at the Aquatics Center with the understanding that all persons residing in the District's boundaries are considered City residents for purposes of the Aquatics Center only and entitled to use the Aquatics Center on the same terms and conditions as residents of the City. If it is determined that the park permitting regulations violate the bond restrictions, appropriate adjustments will be made by the City. vi. Except as otherwise provided, City will operate the Aquatics Center for the term of the JUA. After the Aquatics Center receives its certificate of occupancy, however, City may cease operations after providing District with a two -year written notice. Notwithstanding City's ability to cease operations, City will nevertheless, at a minimum, maintain and repair the 0 SETTLEMENT AGREEMENT 10 pool and therapy pool for use by District students for at least five years after the Aquatics Center receives its certificate of occupancy. vii. City will provide as much notice as practicable before terminating the JUA. viii. The JUA must contain a mutual defense, indemnification and hold harmless provision. ix. The JUA must contain a requirement that each Party maintain appropriate levels of insurance to cover their respective use of the Aquatics Center in an amount to be agreed upon in the JUA. X. The cost of utilities will be allocated between District and City based on their respective exclusive use periods for the Aquatics Center. xi. During the term of the JUA, District's share of revenue from the operation of the Aquatics Facility must be allocated to City to offset City's share of operation and maintenance costs. xii. ESUSD's use of the Aquatics Center will be conditioned, at minimum, upon ESUSD agreeing to the mutual defense, indemnification and hold harmless, and providing necessary insurance. C. Replacement Reserve Fund. District and City will establish a replacement reserve fund ( "Replacement Reserves ") to be maintained by District. The timing of the payments will be governed by the JUA. The Replacement Reserves must be used by District to make necessary capital improvements. City is not entitled to reimbursement of any Replacement Reserves if it terminates the JUA, or the JUA expires, before the expenditure of such funds. ii. For the initial 25 year term of the JUA, District must contribute the sum of $40,000 annually to the Replacement Reserves. 7 SETTLEMENT AGREEMENT 11 iii. If the second 25 -year term of the JUA is exercised, District will annually contribute $40,000 to the Replacement Reserves. iv. In any subsequent terms of the JUA beyond a total of 50 years, if they are exercised, District and City must each annually contribute $20,000 to the Replacement Reserves. D. The terms of the JUA for the Aquatics Center must incorporate the deal points set forth above as well as other provisions of this Agreement and neither Party may object to the JUA if it substantially conforms to such terms. Failure of the Parties to agree in the JUA on minor, non - substantive issues and immaterial deviations are not grounds for invalidating this Agreement. E. The JUA must include a provision requiring the Parties to submit any dispute involving the JUA to arbitration before any party can file a petition with the Los Angeles Superior Court. i. Any dispute must be resolved by arbitration before a retired judge of the Superior Court of the State of California (the "Arbitrator ") under the auspices of Judicial Arbitration & Mediation Services, Inc. ( "JAMS "). ii. The arbitration must be conducted in Los Angeles County, California. Any party may be represented by counsel or other authorized representative. iii. The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court within thirty (30) days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party's attorney's fees and court costs. iv. Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with 8 SETTLEMENT AGREEMENT 12 California Code of Civil Procedure ( "CCP ") §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party. 5. ATHLETIC FACILITIES JOINT USE AGREEMENT. The Parties agree to enter into an agreement for use of the fields at the Project and at City -owned athletic fields at the northeast corner of Mariposa Avenue and Nash Street (the "Athletic Field Agreement" or "AFA "). Further, the Parties agree to cooperate in identifying other athletic facilities where joint and reciprocal use of athletic facilities may be possible. The AFA may be part of the JUA or a separate agreement. 6. DISTRICT RESPONSIBILITIES. Without admitting that the FEIR is deficient, District must undertake the following obligations in response to City's concerns regarding the FEIR and the Project: A. District must pay up to $6,000,000 for the design, development, planning and construction of the Aquatics Center. B. District will hold title to the Property and all improvements including, without limitation, the Aquatics Center. C. District will cap daytime high school enrollment at the Property at 1600 students to ensure Small Learning Communities. D. District will devote appropriate and sufficient resources to maintain a safe and secure environment on the Property during school hours, including having a full time Security Coordinator on the campus. E. District will implement the mitigation measures set forth in the FEIR to ensure safe student drop -off areas which do not pose either a pedestrian or a vehicular D SETTLEMENT AGREEMENT 13 hazard on the surrounding public streets. If issues develop relating to drop -off and pick -up, District will work with City to resolve such matters. F. District will make the Property available as an Emergency Shelter for the American Red Cross. 7. CITY RESPONSIBILITIES. A. Operation and Maintenance. Once the Aquatics Center receives its final certificate of occupancy and is open to the public, City will operate and maintain it in accordance with the JUA. B. Grand Extension. Unless required by law, City will not undertake a public works project to implement an east -west extension of Grand Avenue during the term of the JUA and so long as the Property is operated as a school. C. Both Parties agree to cooperate in efforts to seek outside funding — whether through grants, donations, or corporate sponsorship — to help fund the Aquatics Center budget. D. Should the budget be inadequate to construct the Aquatic Center as anticipated by this Agreement, and as otherwise modified in accordance with Section 2 of this Agreement, City may (in the City Council's sole discretion) provide up to $1,800,000 in funding. E. Notwithstanding any other provision, City agrees to provide $300,000 to the Aquatics Center budget for design costs, payable within 30 days of District receiving approved (stamped) plans from the Division of the State Architect (DSA). Should City opt to provide additional funds to the Aquatics Center budget, i.e., up to an additional $1,500,000, those funds will be provided to the Aquatics Center budget before bidding commences, in addition to all necessary funds to complete the Aquatic Center Project. City understands and agrees that the $300,000 provided for design costs will not be refunded to City even if this Agreement terminates or if District fails to build the Aquatics Center. 10 SETTLEMENT AGREEMENT 14 8. NO LIMITATION OF POWERS. A. Nothing in this Agreement is intended to, nor can it, act as a limitation on City's present or future exercise of municipal powers in accordance with the California Constitution and applicable law. B. Nothing in this Agreement is intended to, nor can it, require the District Board to exercise its discretion in any way when considering whether to approve the Final Design. 9. REMEDIES /GUARANTEES OF PERFORMANCE. A. District must build the Aquatics Center in accordance with this Agreement. The Parties agree that failure of District to meet this standard constitutes a default of this Agreement. The Parties agree that this default will result in damage and injury to City. The Parties further agree, however, that actual damages incurred by City as result of such default is difficult if not impossible to ascertain with any degree of certainty or accuracy. Accordingly, the parties have negotiated and have agreed that District is liable to, and must pay, City for liquidated damages, and not as a penalty, $1.5 million for District's failure to construct the Aquatics Center. If for any reason District does not approve or construct the Aquatics Center, City is entitled to the sum of $1.5 million in liquidated damages to fully compensate the City for the loss of the ability to use the pool and the impacts on the City's ability to provide adequate recreational facilities to its citizens. Recovering liquidated damages is the sole and exclusive remedy of City if the District does not approve or does not construct the Aquatics Center. i. District must give at least 10 business days notice to City of the date and time of the meeting at which the District Board will consider the Aquatics Center. If District does not approve the Aquatics Center within two hundred ten (210) days after this Agreement becomes effective, City is immediately 11 SETTLEMENT AGREEMENT 15 entitled to such funds. The Parties may extend this date for good cause shown and by mutual written agreement. ii. If, after any approval of the Aquatics Center, District decides not to construct the Aquatics Center, District will give City written notice of this decision and City is immediately entitled to liquidated damages. iii. Absent third party litigation which delays the construction of the Aquatics Center, if no formal action is taken by District but the Aquatics Center is not under construction by the time the High School opens, City is entitled to liquidated damages. iv. A notice of completion for the Aquatics Center must be recorded not later than July 31, 2018. If a notice of completion is not recorded by that date, City is entitled to liquidated damages. City's entitlement to liquidated damages will be extinguished upon a notice of completion being recorded for the Aquatics Center. 10. COMPROMISE, SETTLEMENT, AND RELEASE. Except to the extent that City may exercise its police powers to enforce applicable law after the Aquatics Center is approved, in consideration of the mutual terms and conditions set forth in this Agreement, the Parties compromise and settle any and all past, present, or future claims, demands, obligations, or causes of action for compensatory or punitive damages, costs, losses, expenses, and compensation, whether based on tort, contract, or other theories of recovery, that the Parties have or might accrue arising from the Dispute or the Additional Review. Further, the Parties, on their respective behalves and those of their heirs, executors, administrators, and assigns fully release the other Party, its elected and appointed officials, employees, agents, and all other persons and associations, known or unknown, from any obligation or liability arising from the Dispute or the Additional Review. The Parties agree that this compromise, settlement, and release constitutes a bar to any claim involving the Dispute or the Additional Review. 11. GENERAL RELEASE OF ALL KNOWN OR UNKNOWN CLAIMS. The Parties acknowledge and agree that this Agreement applies to all claims that the Parties may have against 12 SETTLEMENT AGREEMENT 16 each other arising out of the Dispute for injuries, damages, or losses to person and property, real or personal, whether those injuries, damages, or losses are known or unknown, foreseen or unforeseen, or patent or latent, including those that may arise from the Additional Review. 12. CIVIL CODE § 1542. The Parties, or their representatives, certify that he or she read Civil Code § 1542, set forth below, and indicates that fact by initialing here: [CITY] [DISTRICT]. "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 13. WAIVER OF § 1542 PROTECTIONS. After reading and understanding Civil Code § 1542, City and District voluntarily waive their application to this Agreement. City and District understand and acknowledge that the significance and consequence of this waiver is that even if City or District should eventually suffer additional damages arising out of the Dispute or the Additional Review, City and District will not be permitted to make any claim against the other Party for those damages. Furthermore, City and District acknowledge that City and District intend these consequences even as to claims for damages that may exist, and which, if known, would materially affect City's and District's decision to execute this Agreement, regardless of whether City's or District's lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. 14. NO ASSISTANCE TO THIRD PARTY LITIGATION. City agrees that it will not directly or indirectly assist in any challenge brought by a third party against the District with respect to the Project, the Dispute or the Additional Review. 15. THIRD PARTY LITIGATION. If litigation is brought by a third party to challenge the construction, development or funding of the Project, District may act to void this Agreement. If District seeks to void this Agreement, it must provide written notice to City and City then has a new 30 -day statute of limitations period in which to challenge the original approval of the Project based on any timely claims that could have been made at such time. The 30 -day period commences upon 13 SETTLEMENT AGREEMENT 17 receipt of written notice by District. In the event, the District elects to void this Agreement pursuant to this Section 15, any remedy for non - performance set forth in Section 9 will unavailable to City. This Section will survive any voiding of the remaining Agreement. 16. LEGAL ADVICE. Each Party warrants and represents that in executing this Agreement, each Party sought legal advice from the attorney of their choice, that the terms of this Agreement and its consequences were completely read and explained to each Party by that attorney, and that each Party fully understands the terms of this Agreement. 17. FULL DISCLOSURE. Each Party acknowledges and represents that each Party was apprised of all relevant information and data relevant to the Dispute and this Agreement, including, without limitation, future risks, complications, and costs. Each Party further acknowledges and represents that, in executing this Agreement, the Party has not relied on any inducements, promises, or representations made by the other Party or any representative of the other Party. 18. WAIVER. A waiver by either Party of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 19. NOTICES. All communications to either Party by the other Party will be deemed made when received by such Party at its respective name and address as follows: CITY City of El Segundo 350 Main Street El Segundo, California 90245 Attention: City Manager DISTRICT Wiseburn Unified School District 13530 Aviation Boulevard Hawthorne, California 90250 Attention: Superintendent Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of 14 SETTLEMENT AGREEMENT 18 actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section. 20. ATTORNEYS' FEES AND COSTS. The Parties each agree to waive any entitlement of attorneys' fees and costs incurred with respect to the Dispute and the negotiation of this Agreement. 21. NO ADMISSION OF LIABILITY. It is understood and agreed that this settlement is a compromise of the Dispute, and that entry into this Agreement cannot be construed as an admission of liability on District's behalf. 22. INTERPRETATION. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Agreement will be in Los Angeles County. 23. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties. Except as otherwise provided, there are no other understandings, terms or other agreements, expressed or implied, oral or written. 24. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. This Agreement is intended to, and does, amend and restate the Original Agreement. While specific provisions of the Original Agreement were incorporated by reference, the text of this Agreement takes precedence over any conflicting provision of the Original Agreement and accurately reflects the Parties' understandings. 25. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 26. CAPTIONS. The captions of the Sections of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 15 SETTLEMENT AGREEMENT WE 27. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 28. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, earthquake, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the time periods within this Agreement will be automatically extended for the time period during which it is impracticable for the Parties to perform. 29. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. City's city manager may execute any such amendment on behalf of City. 30. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which will be deemed an original. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. Wiseburn Unified School District City of El Segundo V SETTLEMENT AGREEMENT 20 Israel Mora Date President, Board of Trustees Tom Johnstone, Ed.D. Date Superintendent Approved as to Form: John Dietrich, Atkinson, Andelson, Loya, Ruud & Romo, Attorneys for Wiseburn Unfied School District 17 Suzanne Fuentes Date Mayor Greg Carpenter Date City Manager Approved as to Form: Mark D. Hensley, City Attorney SETTLEMENT AGREEMENT 21 se k5r, TION a PARKS 'EL stguw,dns Bacle�ard� City of E1 Segundo Uhro Saari Swim Stadium Mechanical, Renovation, and Financial Analysis FINAL REPORT and SUMMARY April 10, 2015 Submitted by the Isaac Sports Group, LLC Engineering Analysis by Arch Pac Aquatics rISQ l kil: 22 OVERVIEW The Uhro Saari Swim Stadium (or "The Plunge ") has served the aquatic needs of El Segundo residents since its construction in 1938. With the development of the new El Segundo Wiseburn High School Aquatic Center it is time to review and analyze the condition and future of the Swim Stadium. The Isaac Sports Group (ISG) has been retained to conduct this analysis, building on the new programming model for The Plunge when the El Segundo /Wiseburn Aquatic Center is opened. The Design, Programming, and Financial Analysis of the new Aquatic Center that ISG conducted for El Segundo identified several relevant points about The Plunge: • Overall, the building and pool tank is solid and with key code, mechanical, and amenity upgrades can continue to serve the community for decades to come. • The Plunge is a very important part of the history of El Segundo and continues to be a symbol of the aquatic history and heritage of the City • The vast majority of El Segundo residents strongly support the Plunge and its continuing operation • The Plunge no longer meets the needs of the competitive swimming and water polo in the area • With the new Aquatic Center at Wiseburn High School, the Plunge can off load much of the competitive aquatic training use and open up significantly more time for a wide variety of aquatic programming for all ages, interests, and abilities of El Segundo residents • The Plunge can be a leader in the region in aquatic programming year round, building on being one of the only indoor multi -pool facilities in the area • Integrated programming across all the El Segundo pool will allow each pool, especially the Plunge, to provide community programming that is best suited for each pool and its environment • The new programming model at the Plunge can actually reduce the overall net operating cost of the Plunge by generating additional program and usage revenue In order to insure that the Uhro Saari Swim Stadium can serve the community for many years to come it is critical to identify current and potential issues with the pool across a wide range of areas, including: • Pool Mechanical Systems • Current Code requirements • Condition of support facilities and potential upgrades to better meet the needs of residents and users • Impact of systems and features of the Plunge on annual operational costs and long term maintenance • Design and feature options that can enhance operations and programming Each of these areas needs to then be analyzed in terms of the following variables: • Priority and phased timing of work o Urgent issues? o Future renovations • Integration with the construction timeline of the new Aquatic Center Page 2 of 14 23 • Cost of renovation • Time line of renovation • Impact of renovation on programming and use of the Plunge The goals of this study are to pull all this information together and find the best options and plan for the Plunge that can achieve the following: • Bring the facility up to current code • Replace equipment as needed that can significantly reduce annual operating expenses and long term maintenance costs o Best Return on Investment and payoff time line • Identify systems, design features, and amenities that can better support the overall programming model and the aquatic needs of the community, integrated with the new Aquatic Center • Develop a phased approach integrated with the construction and opening of the new Aquatic Center The timing of these issues became even more critical as one of the filters at the Plunge has begun to leak and the concern of overall system failure looms. To provide the full analysis of the Plunge, this final report contains two main documents: • The Pool Technical Study • Engineering and code analysis by Ken Moeller of Arch Pac Aquatics • Design and amenity upgrades relevant to new programming at the Plunge once the Aquatic Center opens by ISG • Recommendations and detail of all that needs to be done at the Plunge by Arch Pac and ISG • Final Report and Summary • Compiled by ISG based on the technical report and building on pool and program research developed for the Aquatic Center Program, Design, and Financial Analysis by ISG • Cost estimates of all recommendations developed jointly by ISG and Arch Pac • Financial impact analysis on programming and operating expenses • Phasing and project grouping of recommendations METHODOLOGY ISG used a wide variety of resources and methods to conduct the analysis and determine recommendations for the Uhro Saari Swim Stadium. The Project Team includes the following: Stu Isaac ISG- Project Leader Duane Proell ISG- Operations, Management, and Programming Input Ken Moeller Arch Pac Aquatics- Technical and engineering analysis of pool Information and analysis of the Plunge involved the following: • Draw on previous ISG research on the current and potential future programming and use of the Plunge Page 3 of 14 24 • Previous site visits and meetings with El Segundo staff, including Public Works and Recreation and Park department leadership. • March 14th site visit by Ken Moeller to the Plunge to conduct engineering and code inspection • Pricing developed based on comparable recent California pool projects The findings of the report are broken down into three main categories: • Mechanical and Water Handling Systems Priority #1 • Locker Room and user amenities Priority 42 • Pool features, equipment, and miscellaneous Priority #3 Each project area is broken down by specific element and costing. This breakdown will also include calculations on impact on annual operating costs, return on investment, and pay -off time period. CODE ISSUES and CHALLENGES The difficulty in developing logical priorities and phasing of the recommended renovations to the pool is the chance that one change triggers the demand to address all code issues. Will replacing the filters systems, which is number one priority, trigger the need to re -do emergency lighting, pool depth markings, hose bib changes, and all the other current code violations, be they big or small. Technically this is usually the case but the historic heritage of the Swim Stadium and the nature of some of the code issues may give the City a little leeway in phasing the work. Code issues were found in the following areas and are detailed in the attached report with the appropriate code language: • Mechanical Systems • Filter capacity and turnover /flow rate • Independent filtration and water handling systems required on separate pools • Independent surge tanks for each pool with increased capacity • Separate chemical storage areas with ventilation, dual containment vessels, and seismic restraints o Reduced Pressure Backflow Prevention device needs to be installed • Increase size and capacity needed in main floor drains in both pools when filter flow rate is brought up to code • Inlets need to be repositioned and increased as flow rate is brought up to code • Update in electrical system, including grounding, GFIs, bonding, and other new electrical safety measures • Access and Safety o Accessible exit locations • Required markings on exit locations • Raised curb around each pool prevents suitable ADA access • Water Depth Markers on vertical walls (currently just on flat deck curb) • Inadequate number of toilets, showers, sinks, and drinking fountains for capacity based on square footage of pool surface area o ADA accessible bathroom fixtures Page 4 of 14 25 • ADA accessible hardware and panic bars on exit doors • Additional safety signage needed • Chemical waming/hazardous materials signage MECHANICAL SYSTEMS The most immediate and significant issue with The Plunge is the pool filter and water handling systems. The details of code requirements and current system issues are found in the attached Pool Technical Report. The recommendations are summarized in Attachment #1 showing every recommendation with each broken down by code requirements, project area, and benefits. IMMEDIATE FILTER VALVE ISSUE Currently one filter tank is leaking and the drain valve is stuck in the open position. The City needs to determine if this can be fixed temporarily prior to a major renovation. The fear is that any temporary fix will put additional strain on other piping and components resulting in a total failure of the system. At this point, there is no guarantee that an overall system failure could be prevented. Any attempt to fix the bottom drain valve on the one filter should involve someone going into the filter tank and inspecting the tank and tank bottom to properly fix the valve and filter. The entire process of fixing this valve may cost as much as $30,000 to $40,000 to insure a proper fix, even if the fix is just intended to be a short term valve replacement until major renovations and replacement can be replaced. The recommendation from Arch Pac is to continue operating on the three filters if the filters are able to maintain water clarity and meet the water quality testing criteria. CURRENT POOL SYSTEMS: Following are the key mechanical and water handling issues: • The current system, even at full operating capacity does not meet current Code requirements for water circulation and turnover • The pool was built in 1938 when Code required an 8 hour turnover rate for the filter system • With old partially clogged and corroded piping, the actual current turnover rate is estimated at approximately 10 hours • The current code requires a 6 hour turnover rate • Because of the high percentage of young children and the warmer and shallower water ISG recommends a turnover rate of 3 hours or even less for the small teaching pool • Running on just three filters (taking the fourth leaking filter out of the system) may not be adequate to keep the pool clean during heavy use and would increase the likelihood of an overall system failure • Code requires that each pool be on a separate filtration /water handling system • Circulation pumps need to be placed below water level to facilitate priming and efficient operation • The current pool piping is old and often clogged in the portions with original iron piping. • Any replacement of the filter systems would require inspection of all the under -deck and below -pool piping. It is expected that the existing pipes would not support the flow rates needed to achieve the 6 hour turnover rate required. Page 5 of 14 26 • Current gutter drainage system has limited capacity and does not adequately draw surface water into the filter system resulting in inefficient water filtration and circulation • Water inlets are not placed correctly to maximize circulation of the filtered water throughout the entire pool, further decreasing filtering effectiveness • Current pool does not have adequate backflow protection. • Surge tanks for both pools are needed, both to bring up to code and provide more effective circulation during peak use • Currently the chemicals are stored in the main filter room. • Code requires a separate ventilated and secure area for each of the chemicals • Storage tanks also need to be seismically restrained • Storage must be ventilated • Proper eyewash system needs to be in place in chemical storage • Proper signage and posting of chemical and hazardous materials storage • Storing the chemicals in the main filter room creates a very corrosive atmosphere which negatively affects the operation of the pool mechanical systems and shortens the life of all systems and equipment • Automated chemical systems are old and nearing the end of their useful life • Wiring and electrical panels are outdated and should be replace for code and safety reasons RECOMMENDATIONS Based on these issues, the following are recommendations and benefits for the Filter and Water Handling System (detail in Technical Pool Analysis Report). These recommendations not only address the issue but provide solutions and technology that reduce costs and better support the quality of water and pool use. • Demolish existing pool systems in mechanical room • Install new regenerative media filters (such as Neptune Benson Defenders) o Benefits: • Reduces need to backwash and reduces labor needed to operate and maintain • Filters down to 1 micron in particle size, significantly better than filter ability of traditional high rate sand filters which can only filter down to 15 -30 microns • Reduce current backwash water consumption by 75 -85 %, saving as much as 250,000 gallons of water each year Saves water and sewer costs Good for environment • Reduces chlorine and pool chemical use by approximately 20% per year Save approximately 10% year on electric costs based on decreased pump capacity needed for these filters Filters require much less space in filter room, freeing up space to be converted to family and handicap changing rooms and additional pool storage Energy, water, and chemical savings pay off the premium paid for regenerative media filters in less than 1 '/z years • Replace pumps and strainers for each pool Page 6 of 14 27 o Benefits ■ Increased energy efficiency ■ More effective strainers and increased ease of access to clean Install Variable Frequency Drives (VFDS) on all pumps to save energy and provide variable speeds to maximize pump and filter efficiency o Benefits ■ Reduce electrical use by 10 -15% ■ Increase life expectancy of pumps • Install new chemical controller o Benefits: ■ More efficient use of chemicals, resulting in lower chemical bills ■ More consistent water quality ■ Can be monitored off site by CPO through the intemet ■ Add UV (Ultraviolet) water purification to both pools o Benefits • Highly recommended in new Model Aquatic Health Code and likely to become mandatory • Kills and eliminates types of bacteria that chlorine does not kill, specifically Cryptosporidium, which is the leading cause of pool related illnesses ■ Reduced consumption of chlorine ■ Limits amount of chlorine broken down into chloramines, which are a primary cause of "bad air" in indoor pools • Replace all pool piping o Benefits ■ Increase circulation capacity to meet code requirements ■ Prevent any future failure of old piping • Replace main drains and water inlets o Benefits ■ Meet VGB main drain code requirements ■ Updated strategically placed water inlets to meet code and increase circulation efficiency through proper inlet and flow balancing • Replace current scum gutters with rim flow gutter system with hand holds o Benefits ■ Greatly improve surface water circulation ■ Create much easier access to pool, compared to current raised gutter and deck curb on existing pool • Especially helpful for the increased swim lesson, aquatic fitness, senior, and special needs programs to be offered at The Plunge Page 7 of 14 Example of flush deck Rim -Flow gutter Replace current heater with new high efficiency heaters, one for each pool • Include external head exchangers\ • Benefits ■ Reduce utility costs ■ Separate pool systems May be able to utilize the current heater for a few more years to heat the main pool Create separate storage areas for pool chemicals as indicated above (detail in 'Technical Pool Study) o Benefits ■ Safer environment w Protects all the pool mechanical and electrical equipment from the corrosive atmosphere created by chemical storage Remove and replace existing electrical service entrance and sub - panels • Include new bonding grid to meet code • Benefits Eliminate old wiring and electric control and safety systems • Bring up to code concerning wiring around pools and water Page g of 14 W LOCKER ROOMS and USER AMENITIES The review of the facility indicated several code updates needed in the locker rooms and user amenities as well as improvements that can enhance the programs and user experience at the Plunge. Issues: • Number of toilets, sinks, and water fountains do not meet current code based on user bather capacity as calculated by square footage of pool surface area (see Technical Pool report for details) • Updated numbers needed: See page 14 of the Technical Pool Study • Benefits: Improve user amenities • Add family and handicap accessible changing rooms in area opened up in renovated pool mechanical room o Benefits ■ Create much more family friendly environment ■ Increased use of pool and program participation by families, young children, and those with special needs ■ Increase child safety around the pool ■ May be able to reduce amount of work needed to bring current locker rooms into total ADA compliance Potential design sketch of pool layout with family changing rooms: Page 9 of 14 WE 31 � .:. . . . ix .. . . . a k ` \ ■�E� c-I \ � \�k&� \ / \• \ § . §■ ■§ °qi A �� : ;I §; - § §, K ^k.■ [ : • IE §i o . F7— � - . • , `_ , • . 31 • Improve ADA access in locker rooms • Replace current hot water heating system for locker rooms with on- demand hot water system o Benefits • Lower energy costs ■ Better delivery of hot water on demand, especially to the men's locker rooms and showers that are currently a long way from hot water source ■ Eliminate current hot water storage tank POOL, and NATATORIUM UPDA'T'ES The study of the pools and natatorium building also found additional current code issues and some other user related features that need to be updated, These are the following: • Pool markings and Signage • Need depth markings and warnings on both deck and vertical pool walls • Provide pool safety signage • New illuminated exit signs for pool exits • Update hardware on pool exit doors as needed • Replace current natatorium lighting with new LED lights o Benefits ■ Decrease energy costs ■ Lights over pool deck, not over the water, to make changing of bulbs much easier and safer • Pool equipment • If deck and gutter system is redone the following components will need to be replaced • Starting blocks if you determine that these are needed once the aquatic center is open ■ New lane line and backstroke flag anchors • Evaluate existing equipment and determine any new needs ■ Lifeguard stand ■ ADA lift ■ Fire extinguishers ■ Pool Safety equipment ■ Evaluate emergency equipment • Evaluate existing pool cleaning and maintenance equipment and determine any needs for new equipment ■ Automated pool vacuum ■ Deck cleaner • Miscellaneous operational equipment and features • New hose bibs to meet current code on location and type • Indoor pool covers- -can reduce energy and water consumption even in indoor pools ■ NOTE: Specific lightweight covers are now made specifically for indoor pools • Add inside stairs to west side bleachers Page 10 of 14 32 ■ NOTE: Need to evaluate the use of the seating areas and options for these spaces at least on one side of pool o Consider addition of underwater lights in main pool, easily installed when deck is torn up for piping installation ■ NOTE: This may be an aesthetic issue, not as much of a functional issue. Little impact on programming or pool use if the overhead lighting is improved Consider future installation of new HVAC system to improve air quality in natatorium (not included in current project priority and pricing) Operational Issues • Update emergency procedures manual • Create better daily log system for pool data, including temp, chemical readings, and other key pool data and procedures • Any additional staff training needed (have not reviewed with Rec and Parks) SUMMARY OF PROJECT RECOMMENDATIONS The detailed elements of the recommendations are broken out in the following grid. Each element of the different phases of renovation is identified and is identified by key features or need, including: • Priority • Code required? Program and Best Practice Benefit • Cost savings benefit ■ Mechanical system • Locker rooms ■ Pool and Deck This breakdown follows: Page 11 of 14 33 Attachment al UHRO SAARI SWIM STADIUM PROJECT RECOMMENDATIONS and ANALYSIS enrll A seta NOTE: Enchalornont number tort to the numbered Item In the coding. PfoioclIon workehoat x Project elements Prdorlty Code Reg? Program soft Prectica Colt giving Mechanical locker Roomf Pool& Dock Commontf 1 Demolllh existing pool filter! , recimulaunn ! items and pool piping A % 2 Gamol sit exisUng concrete Curb and SCUM utlera Around =1 peroWar. g _ X X x x 3 Provido new ft. kw t b pulter we wlity hand hold. n X X X X. 4 Budd Chemical slorage areas for lho acrd and cihlorina whk:h contain each of Iho solsmuliy reslroirrod dual containment tanks, where the off -gassing cannot have a dmelerious effed an the remainder of the equipment In the pool mochanbsl loom Locate away from pool hooters end olool el cabinets. Mechanically exhaust oacn Lontalnmenl area A X X X 5 1 ROM A existing ownical fervice entranca end 511 h^ nolf, ra lac4 whh flaw A X x a Replace pool ioCircuolion systom plplrg - saparale each by pool and construc[ surgo lank tar each pool RI pfopof and ra uired lornovar repo. _ A X X X X 7 Provkdo new pump and alralnei for each Pool w',Ih new Mars. Pump to be koded suction tmdW1 a" with VPD for energy oftricy costs In lower poAkln of pool machanicol room A X X X X Consider creating pump pit a Ramom owllft wall NO% and ro krca with now - ss WI and Offence As mired. n X X a Remove oxistlno main drA.n sumps and roplaco lwah VGB complrnet lumps of props size a+td depth A X X 16 Provide IoW depth merkars find warning manias x x X 11 Patch Tile _ X 12 Provide pool ae`oE %-gnaga. X X 13 Novido chornKan gafo 1 n NO.Nugmnl and data shoots A X x X 14 Pfovldo Emoraency Eye Wash and chornol salety oquipmonl in chemical storago raamE A X X X 15 Meka -u orator RPBFP for pool wirer makeup - automaio same. A X X la Now pool heelers wxh external heat oA0hangort A I X X X 27 lerawide eiedrieal bonding gijd, grounding, gaslimed electrical sorviw penolf and non, metallo conduha and GFCI broakora. Include pump shut-off end VFD A X X IS Move chnni;cel matofing pumps 10 Conieinm oil Ireee -dual contain feod linos and malodf m p . A X X X X 19A Provide underwater LED I Nt - Option - - X -- ..1911 Provide LED Dacld Builai2g t hlin _ _ _- s X - _ X. 20 Me,kd bellerooms aecafeiblh with Wrroct fdlure Count X I X _ 21 PmYlda ADA access, posfibkd famlly changlog arse In sou of compinla roetroom romodol X X X 22 (Provide ADA N for access to pools, X X Explore Ramp If re -do docknChock on currernf lift 23 Provide saparato mducad pressure ilackfiv# provantlon do w for each pool Ind damesk waic!,aurtto lank& A X X X 34 Attachmont NS e projecteloments Priority Coda Reg? Program Beat Practice Coat _Saving Mechanical Locker Rooms Pool Ilk Deck Comments iA Provide now automated controller to minknlxe need for maintenance and o radon. _ A _ _ - x x x 29 Ensure backwash receplron system lsansary sower) Is of adotlutdo alto -hmsed on ahor a*1W on A x x x 2e Damesix hot water syslom - dod"Ind to each sick man's 8 want oV DoWle Mor @lank _ x x x 27 New pool dock equipment, Witroke poWs. hags, slafling Wocke, slenchsane, ieddus, rope anchors, lane Ones with tonsioneirs, ufety hooks and IHe buoys, and We ward stands etc x Not surnwhm would be nr@ded it clack and gutters are redone 28 New ems an Ri m. haYmat steuon, 1 n0 Doers, am, A x x x x 79 Now thamlcal haodli and sat@ u' ni. intluding loo kit and qt A x x x 30 Now maintenance equipmal, vecuum, brushes, etc x Chac.k what dt *tread Sher@ 31A Add JVsyslomto halh PD04 A x' x x x 'necommended In now Modal Aquatic Health Cede 310 Add dohumktifOion or exnaust s s! @m to nalatortum I x x x 12 Fire axle Rattler x x x 33 Slab to bWx1r or on was) aklo skailry W slv on earl ilia x x 34 12001 Cetram - - x x x eS Train Atatmenanos and 2parl St ff, pmytoe manual of emergency proceaums. x 3e New exks wAh Ihuminated EXIT sign; Thal am nc asslttlo. Sapareta from from entry- With proper hardwmre x x 97 Place boss bibDs N 4 r k Cellni at rn uirod b Dodo % % 35 PROJECT COSTS These estimated project costs were developed by ISG and Ken Moeller of Arch Pac Aquatics. The costs are based on current pricing in the California market with input from manufacturers and pool builders factored in. All of the recommendations are factored into the pricing in one of the three main project categories. These categories and costs are the following (rounded to nearest $1,000): • Mechanical and Water Handling Systems Priority #1 $1,643,000 • Locker Room and user amenities Priority #2 $ 423,000 • Pool_ features, equipment, and miscellaneous Priority #3 $ 330,000 TOTAL $2,396,000 If all code related updates are required to be addressed during the first phase, the costing spreadsheet would need to be updated. The actual excel spreadsheet is included with this report to assist the City in moving project elements around as necessary within the costing structure. Several assumptions and the overall approach to the pricing need to be mentioned. • The pricing is on the high range in each project reflecting the unknowns that often come up in renovating old buildings • Contingencies o A higher than normal contingency of 12% is used in the Mechanical and Water Handling project since there is still so much unknown about the piping under the deck and additional problems that may surface when work is started o A 10% contingency is used in the other two project areas • Soft Costs • Contractor overhead and profit are both calculated at 10% of hard costs. This can be reduced if any work is done at the same time as the Aquatic Center or the same GC and pool contractor are used creating lower "package deal" pricing. • A &fi fee is8% • Overall soft costs are at the high end of most similar projects to be on the safe side • Where there are questions of current equipment might be reused we have assumed that none of the existing equipment to be reused. Again, this pricing errs on the side of the higher cost projection. • The specific equipment identified and priced are the most energy efficient and state of the art technology that provide the lowest annual operating costs, lowest long term maintenance costs, and the best return on investment. • We have highlighted in green line items that we need to review with the City Public Works Department and the Recreation and Parks Department to assess the current equipment or determine specific needs. • Explanations are included in the comment column as appropriate The Costing Detail follows: Page 12 of 14 36 Attachment #3 SAARI PLUNGE • EL SEGUNDO, CA I PRELIMINARY COST ESTIMATE: April 1, 2015 Arch +Pac, Aquatics Questions and line items to review # Renovate and Replace FllteNwatersystems AREA UNIT COST EXTENSION COMMENTS 1 Demolish existing pool filters, pumps, reclrc pipes 1,00 LS S 60,000.00 $ 60,000,00 2 Demolish existing pool curb & gutter 406.00 LF 5 25.00 $ 10,150,00 2 Demolish existing pool deck 41202 SF S 8 00 $ 43,380.00 2 Backflll after bedding pipe for pool deck - 61-0" ave 716.00 CY S 60 DO S 42,800,00 2 New Pool Deck 4.820.00 SF S 1600 S 77,120,00 2 New Deck Drains with P -trap and san saw Conn 425,00 LF S 70 00 S 29,750.00 3 New rim -flow gutter with safety grlp I Stn. Stl, 406.00 LF S 305.00 $ 123,830,00 May explore ways to reduce this cost with other butter option, but this Is recommended option. 4 New Chemical Storage Rooms containment & exhaust 160.00 SF S 500,00 $ 801000,00 5 Remove & Replace electrical service & subpanels NEMA 3R 1.00 LS S 100,000.00 $ 100,000,00 17 Bonding & Grounding & GFCI's & Shut -off a 500.00 LF S 8100 $ 4,000.00 14 Emergency Eye -wash - re-use exlsting 1,00 EA S 1,000.00 $ 1,000.00 16 RPSFP - with automated water makeup on two 3.00 EA S 6,000.00 $ 18,000.00 Reduced Pressure Back Flow Preventor 6 Surge Tank 2.00 EA S 24,000.00 $ 48,000.00 7 Pump and Strainer with VFD for Senior Pool 20.00 HP S 1,700.00 $ 34,000.00 7 Pump and Strainer with VFD for Junior Pool 102 EA S 1,700,00 $ 17,000.00 18 Move chemical metering pumps to chemical containment 2.00 LS S 51000,00 $ 10,000.00 28 Pool Chemical Safety Equipment 1.00 LS $ 8,000.00 $ 81000100 23 Automated Controller 2.00 EA S 13,000.00 $ 26,000,00 24 Backwash receptor, sight glass & piping 1.00 LS S 16,000.00 $ 16,000.00 27 Haz -mat station 1.00 EA S 2,000.00 $ 2,000.00 7 Flhers -Maln Pool Regenerative Media 12 EA S 90,000,00 $ 90,000.00 Includes labor and Installation 7 Fllters- Teaching Pool Regenerative Media 1,00 EA $ 40,000.00 $ 40,000.00 Includes labor and Installation 30 UV System -Mein Pool 1.00 EA S 40,000.00 $ 40,000.00 30 UV System -Small Pool 1.00 EA S 25,000.00 $ 25,000.00 15 Pool Heater with external heat exchangers -Maln Pool 1,00 EA S 80,000.00 $ 80,000,00 Coat may be saved by using the current pool heater for the main pool and only adding a smallnew heater for the teaching pool 16 Pool Heater with extemal heat exchangers-Small Pool 1.00 EA $ 26.00000 S 25,000,00 6 Recirculation Piping for Senior Pool 1,000.00 LF $ 30.00 S 30,000.00 Assumes that all under deck andunder pool piping needs to be replaced 6 Reclroulatlon Piping for Junior Pool 500.00 LF $ 28.00 $ 14,000.00 Assumes that all under deck andunder pool piping needs to be replaced 1 of 4 37 Pool Ronovation and Equipment AREA UNIT COST EXTENSION COMMENTS 3 New PVC bottom membrane with EPDM 900.00 SF 1 15,00 1 14,400.00 201`4 WP Attachment #3 A! I C 1 L) 1 l l HARD COSTS SUBTOTAL- Mechanical Room and System Renovation S 1,095,130 D0 CONTINGENCY 12.00% 1 131,415.60 Based on a lot of unknowns when opening up the piping CONTRACTOR OVERHEAD 10,00% 1 122,654.56 Opportunity to reduce these costs H some builder Is used In both aquatic center projects CONTRACTOR PROFIT 10.00% 1 134,620.02 Opportunity to reduce these costs N some builder Is 44 used In both aquatic center projects 77 BONDS d INSURANCE 2.50% 1 37,103.00 TOTAL S 1,521,273.18 ASE Fee for Renovdon 6.00% $ 121,697,65 GRAND TOTAL- Maehenlcal Room & Systems Renovation S 1,642,921,03 71 52 53 I LccknrRoom Renovation AREA UNIT COST EXTENSION COMMENTS 55 56 1 Remaining demolition of current flRer room 1100 LS S 40,000.00 S 40,000,00 Additional demolition to do changing rooms 21 Family Changing Area with ADA restroom 240.00 EA 5 425.00 5 102,000.00 25 Domestic on- demand hot water heaters 5,00 EA S 3,000.OD S 15,000.00 20 Renovate Existing Restrooms 2,000,00 SF 5 7500 S 150,000.00 20 Toilet Partitions - plastic 2,00 SIDE S 10,000.00 S 20,000.00 HARD COSTS SUBTOTAL- Mechanical Room and Sy ate m Renovation S 267,000.00 tl4 55 CONTINGENCY 10.00% 1 26,700:00 66 CONTRACTOR OVERHEAD 1040% 1 31,570.00 67 CONTRACTOR PROFIT 10.00% 1 34,727,00 76 BONDS A INSURANCE 2,60% 1 9.54993 TOTAL S 391,546.93 ASE Fee ktr Lockmam Renovation 6.00% 1 31,323,16 GRAND TOTAL - Locker Room Renovation S 422170,611 Pool Ronovation and Equipment AREA UNIT COST EXTENSION COMMENTS 3 New PVC bottom membrane with EPDM 900.00 SF 1 15,00 1 14,400.00 201`4 WP Attachment #3 8 aamove and Replace Wall Inlers 2600 FA S 250,00 S 7.000.00 May have to do during the system and deck 10.00% S 22,412.40 CONTRACTOR OVERHEAD renovation 9 VGB Compliant Mein Drains & Grates 4.00 EA $ 3,000.00 $ 12,000.00 May have to do during the system and deck 27,119.00 BONDS & INSURANCE 2.50% S renovation 10 The Depth and Warning Markers 80.00 EA $ 100.00 $ 8,000.00 May have to do during the system and deck renovation 11 Waterline the & 4' -6" line 407.00 LF $ 40.00 $ 16,280.00 May have to do during the system and deck renovation 32 Stair to bleachers on weal side - from pool deck 1.00 EA $ 51000.00 $ 5,000.00 May need to discuss what to do with bleachers -thle can also be a code Issue. 26 Ladders 6.00 EA $ 2,000.00 $ 12,000.00 If a full pool wall replacement Is done 26 Backstroke Stanchions & Poles & Flags 400 EA $ 11000.00 $ 4,000.00 WIII need new anchors and budgeting for new poles -may be able to reuse existing poles 26 Reuse Diving Apparatus - replace after refurbish 1,00 LS $ 4,000.00 $ 4,000.00 26 Lane Lines 11,00 EA $ 600.00 Review N new ones are needed 26 Lane Line anchors 24.00 EA $ 200.00 S 4,800.00 WIII need new ones with new gutter system 26 Life Guard Stands 2.00 EA $ 3,000.00 check status of current guard stands 26 Safety Hooke & Ring Buoys 3.00 EA $ 4, 000.00 check status of current equipment 33 Pool Covers 5,511.00 SF $ 4.00 $ 22,044.00 26 New Floating Lane Lines & 4'-S" line 1,00 EA $ 1,200.00 $ 1,200.00 Divider for shallow/Deep area 12 Slgnage 100 LS $ 4,000.00 $ 4,000.00 36 Hose blbbs 800 FA $ 750.00 $ 6,000.00 19 Natatorium Lights - LED 1600 EA $ 5,000.00 $ 60,000.00 New lighting- current lighting is over pool. Can reduce electric coats significantly 35 Exit Slgnage 5.00 LS $ 1,000.00 S 5,000.00 31 Fire Extinguishers 2.00 EA $ 1,200.00 S 2,400.00 29 Pool Maintenance Equipment 1.00 LS $ 181000100 $ 16,000.00 Auto Vaccuum and other cleaning and maintenance equipment. Need to review what Is there now. 19 LED Underwater lights with J -boxes 12.00 EA $ 2,600.00 May went to consider when you redo deck as option. 22 Pool Lift 100 EA $ 13,000.00 Is ther one currently present? 26 Starting Blocks 1000 EA $ 2,800.00 New deck and gutter system would require new starting blocks, Would need to decide H you even want blocks In this pool with the new aquatic center HARD COST SUBTOTAL- Pool Renovation $ 224,124.00 CONTINGENCY 10.00% S 22,412.40 CONTRACTOR OVERHEAD 10.00% S 24,653.64 CONTRACTOR PROFIT 10,004/0 $ 27,119.00 BONDS & INSURANCE 2.50% S 7,457.73 TOTAL f 305,766.77 3of4 WE AI A&E Fee for Pool Ranovallon GRAND TOY AL- Renovation i2l soft Costs 12E Mechanical Room & System Renovation 129 Locker Room Renovation Pool & Pool Deck Renovation TOTAL SOFT COSTS Total Coats Mechanical Room & System Renovation 17 Locker Room Renovation 137 Pool & Pool Deck Renovation 138 139 GRAND TOTAL ALL PROJECT ELEMENTS ADDITIONAL ADD-ON OPTIONS 19 LED Underwater lights with J -boxes 22 Pool Lift 26 Starting Blocks Ramp for Pool Access 14 Ij 26 Lane Lines 4E 14E HARD 6101 E3T OTAL•OPTIONSt d-,ABPtSALTARNAT98 Attachment #3 C I o I S 24.461.34 $ 3304811 1 11095,130.00 1 287,000.00 1 224,124.00 S 1.606,254.00 %of Hard Cost soft Costs H and 8 Cost 39% $ 428,093.18 8 1,521,223.18 36% $ 104,548.93 1 391,646.93 36% 1 61,642.77 $ 305,766.77 S 842,282.88 S 2,218,536.88 5 1.842,921.03 $ 422,870,68 $ 330,228.11 $ 2.398.019.93 12.00 SUMMARY OF COSTS: 12C Hard Coate 121 Mechanical Room & System Renovation 772 Locker Room Renovation 12 Pool & Pool Deck Renovation EA TOTAL HARD COSTS i2l soft Costs 12E Mechanical Room & System Renovation 129 Locker Room Renovation Pool & Pool Deck Renovation TOTAL SOFT COSTS Total Coats Mechanical Room & System Renovation 17 Locker Room Renovation 137 Pool & Pool Deck Renovation 138 139 GRAND TOTAL ALL PROJECT ELEMENTS ADDITIONAL ADD-ON OPTIONS 19 LED Underwater lights with J -boxes 22 Pool Lift 26 Starting Blocks Ramp for Pool Access 14 Ij 26 Lane Lines 4E 14E HARD 6101 E3T OTAL•OPTIONSt d-,ABPtSALTARNAT98 Attachment #3 C I o I S 24.461.34 $ 3304811 1 11095,130.00 1 287,000.00 1 224,124.00 S 1.606,254.00 %of Hard Cost soft Costs H and 8 Cost 39% $ 428,093.18 8 1,521,223.18 36% $ 104,548.93 1 391,646.93 36% 1 61,642.77 $ 305,766.77 S 842,282.88 S 2,218,536.88 5 1.842,921.03 $ 422,870,68 $ 330,228.11 $ 2.398.019.93 12.00 EA $ 2,500.00 1 1.00 EA $ 13,000.00 $ 10.00 EA $ 2.900.00 $ 1.00 EA $ 7Q000.00 1 11,00 EA $ 600.00 $ 4of4 30,000,00 May want to consider when you redo deck as option, 13,000.00 Is ther one currently present? 28,000.00 New deck and gutter system would require new starting blocks. Would need to decide If you even want blocks In this pool with the new squatic center 70,000.00 If pool deck Is redone this would be a good add -on option based on updated programming needs. Challenges with Deck space but could be accomodated. 6,600.00 Review If new ones are needed $147,600.00 WE FINANCIAL OPERATING COSTS and IMPACT The recommended mechanical renovations and replacement all include new technology which will reduce annual operating costs in the following areas: • Electricity use • Natural Gas used for water heating • Natural Gas used for shower and facility hot water • Pool chemical usage • Water and sewer usage The annual operational savings for key elements are as follows: Regenerative Media Filters with VFD (Variable Frequency Drives) and UV Purification System Water /Sewer savings of 75% per year = $5,250 Electricity savings of 25% per year Chemical savings of approximately 20% per year $2,600 Natural Gas (pool water heating) 15% /year New high efficiency pool heaters Natural Gas savings of 15% NOTE: Offset by 5% for warmer small pool Currently utilities are lumped together in the budget, so the above savings would generate an overall annual savings of approximately 25% in current utility costs, equaling $17,500. Total annual savings in operating costs per year (13` year) add up as follows: Water /Sewer $ 5,250 Utilities (gas, electric) $17,500 Pool Chemical $ 2,600 TOTAL ANNUAL OPERATIONAL SAVINGS $25,350 The use of indoor pool blanket covers could further reduce these savings by approximately $3,500 to $5,000 /year. These annual savings do not take into account the reduced or virtually eliminated routine maintenance on the current aging systems. Current Plunge operational actuals were used in these estimates. The savings will likely be greater in several years based on rising cost of water and utilities. CONCLUSIONS The Uhro Saari Swim Stadium will continue to be a very valuable resource for the residents of El Segundo. With the opening of the new El Segundo /Wiseburn High School Aquatic Center and the restructuring of the programming at the Swim Stadium this pool will actually provide aquatic programs and access to a wider range and number of El Segundo residents. Page 13 of 14 41 The Plunge has a sound pool tank and building structure that can last for many more years. The mechanical systems are badly out of date and do not meet current codes and require replacement in the very near future. It is hoped that this replacement can be executed after the Aquatic Center is opened and not required due to an overall system failure prior to the opening of the new pool. The mechanical systems updates will also generate approximately $25,000 or more in operational savings each year. Once the mechanical systems are updated, space will be created in the current mechanical rooms to provide the much needed family and handicap accessible changing areas. Additional code required updates are needed in many areas, including access, safety, signage, etc. The additional renovation recommendations are based on improving the experience for users, making the pool more user friendly for the full range of resident needs, and providing design support to meet the changing programming to be conducted at The Plunge. Page 14 of 14 W Attachment p1 UHRO SAARI SWIM STADIUM PROJECT RECOMMENDATIONS and ANALYSIS eerii F FH 5 NOTE! Each element number corrasoandi to the numbered Item In the coitina orolection warksheet a Project elements Priority Code Reg? Program Best Practice Coat Saving Mechanical Locker Rooms Pool& Deck Comments 1 Demolish existing pool filters, recirculation systems and pool piplu A X 2 Dernoliah ox)dng conorsts curb and scum gutters around pool perimeter. B x % X X 3 Provide new rim -flow W Rutter with hand hold. B x X X X 4 Build chemical storage areas for the acid and chlorine which contain each of the oelsmloaly restrained dual containment tanks, where the off -gassing cannot have e deleterious aft on the remainder of the equipment in the pool mechanical room Locate away from pal heaters and electrical cabinets. Mechanically exhaust each i onteinment area. A X X X 5 Remove m1s electrical service entrance and sub-pools, re ace with now. A X X 6 tRefolm pool recirculation system piping — separate each by pool and construct Burge tank for each pool A pWr and required tumover rate. A X X X X 7 Provide new pump and drainer for each pool with new filters. Pump to be flooded suction vertical style with VFD for energy efficiency locale in lower portion of pool mechanical room A X x X X Consider creating pump pit 8 Remove existing wall inlets and reolace with new — adjust and balance as required. B X ;K 9 IRemove existing main drain dumps and replace with VGB compliant sumps of propel size and depth. A X X 10 Provide file depth markers and wamft mad ars X X x 11 Patch Ttle X 12 Provide pool safety s n - X x 13 Provlds chemical ealle 5' rl e, oqvI mt and data sheets. A X X X 14 iPmvide Emergency Eye Wash and chemical safety equipment in chemical storage dOdma. A X X X 15 Make-up water RPBFP for pool water makeup -- sulomete gams. A X X 16 New pool heaters with extemal heat exchangers. A X % X 17 Provide electrical bonding grid, grounding, gasketed electrical service panels and non- imetalic condu''re and GFCI breakers. Include pump shut-off end VFD A X X is Move chemical metering pumps to containment areas — dual contain feed lines and metering A X X X X 19A Provide underwater LED lights O tion x 19B. Pirovtds LED Deck/ Building lighting B X X 20 110ske bathrooms accessible with correct fixture count X X 21 Provide ADA access, possible family changing area In Ileu of complete restroom remodel. X X X 22 Provide ADA ift for access to pools, X X Explore Romp If redo decks -Check on zmrrernt lift 23 Provide separate reduced pressure backflow prevention device for each pool and domestic water-surge tamks A I X X X 43 Attachment p1 p Protect elements Priority Code Req? Program Best Practice Cost Saving Mechanical Locker Rooms Pool& Deck Comments 24 Provide new automated controller to minimize need for maintenance and ooeratlon• A X x X 25 Ensure backwash reception system (sanitary sewer) is of adequate size — based on filler selection. A X X X 26 'Domestic hot water system — dedicated to each side, men's a women'e. Delete storap tank X X X 27 New pool deck equipment, backstroke poles, flags, starting blocks, stanchions, ladders, rope anchors, lane lines with tensbners, safety hooks and life buoys, and life uard_ stands. eta x Not sure what would be needed If deck and gutters are redone 29 New emergeng equ nL hez -met station. spine board. etc. A X X x X 29 Now chemical hondli and sat u nt, Including test kit and e A x X % 30 New maintenance equipment vacuum, brushes. etc. % Check whet Is already there 31A Add UV system to both pools A X. X X X "Recommended In new Model Aquatic Health Code 318 Add dehumidification or exhaust system fo natalodum X X X 32 Fke a uisher X X x 33 Stair to bleacher on west side similar to stair on earl side. X x 94 Pool Covers x x X 35 Trein h{ainCenanca and Operations Stag. vide manual Of timer dares. X 36 New exile with Ruminated EXIT slgns that are accessible. Separate from front entry with r hardware. % X 37' (Place hose bibbs in proper locations as aired b Bade. X x 011