The subject of this contract are the services of the property planning building according to §§ 33 ff. HOAI for the renovation of the school pool in Puderbach.
The subject of this contract are the services of the building services according to §§ 33 ff. HOAI for the renovation of the Puderbach indoor school swimming pool on the Schulstrasse 27, 56305 Puderbach property or Puderbach district, corridor 5, parcel 127/14.
The following minimum requirements are defined as the client's objectives at the time the contract is concluded (planning and monitoring objectives within the meaning of Section 650p (2) of the German Civil Code):
A. Space program the space program results from the existing cubature of the building. The renovation plan drawn up in 2017 provides for minor improvements to the room layout. All in all, all current legal provisions for the construction and operation of a school indoor swimming pool must be observed and taken into account in the planning. For example, the number of toilets is no longer permissible and therefore a conversion, combined with further internal adjustments, is unavoidable in the planning. Details on the spatial program can be found in the inventory plan and the EC design plan from the planning of the monte-mare group from 2017. Improvements to this planning that lead to a reduction in costs must be examined as a matter of urgency.
B. Technical aspects:
The school pool was extensively renovated in 2004. As a result of this renovation, moisture damage occurred in various parts of the building, which led to its closure in 2011. The process could be ended in 2020 with a settlement in order to implement the renovation of the school indoor pool. In the course of the taking of evidence in the process, massive damage was found in the area of the monopitch and flat roof. Furthermore, all components with building physics concern are to be over-planned, since it could not be determined with certainty that all components meet the building physics requirements. When planning, the building physics consideration is therefore the most important aspect. The building planning has to be done in close cooperation with the building physicist. The monte-mare Group's restructuring concept, which can be pursued in service phases 1-3, also serves as a guide here.
The concept of the monte-mare group is based on the dismantling of all internal insulation for relocation to the outside. However, all flat roofs are to be retained and the monopitch roof is to be newly installed or redesigned. The update of the planning should, however, aim to avoid all flat roofs and, if possible, avoid roof penetrations. Dark areas on the ground floor do not have skylights and creative ideas for lighting are required here.
The intervention in the existing building fabric is to be kept as low as possible due to the expected renovation costs. More cost-intensive adjustments are only required if they are beneficial to the durability of the building or to lower maintenance costs. The ETICS facade to the school yard of the Realschule plus should be planned with a more functional design. Overall, it is a functional building that urgently needs to be made available again for the appropriate service. Therefore, in the technical aspect of the planning, the expediency and the simple maintenance of the building must be considered as a matter of priority.
At this point it should be mentioned that the planning of the monte-mare group could basically be carried out with small improvements. Nevertheless, creative approaches to the points mentioned must be sought and the entire previous planning must be questioned against the background of economic efficiency.
The commissioned scope of services is, in accordance with the more detailed provisions of the draft contract, the provision of planning services in service phases 1 to 9, which are to be assigned to the property planning building (Section 34 HOAI in conjunction with Annex 10 to Section 34 Paragraph 4 HOAI).
Essential parts of service phases 1, 2 and 3 have already been fulfilled. The registration office evaluates the services provided and rewards the outstanding service components as follows:
- Service phase 1: achieved 1%; still outstanding 1%;
- Service phase 2: achieved 5%; still outstanding 2%;
- Service phase 3: achieved 9%; 6% still outstanding.
The planning results will be made available to all bidders.
In addition, bidders can propose a new conception as ancillary offers and offer all components in service phases 1 to 9.
The assignment takes place in performance levels. Initially, only the basic services of service phases 1 to 4 are commissioned. The client can order the following basic services of service phases 5 to 9 - in whole or in part - in one or more additional service levels by means of a written declaration to the contractor. The contractor has no legal right to be commissioned with further services beyond the scope of services commissioned according to the draft contract.
With a view to the case law (OLG Munich, decision of 13.03.2017 - Verg 15/16), the awarding authority considers the individual planning services required due to a functional relationship as "similar services" i. S. v. § 3 para. 7 sentence 2 VgV and carries out an EU-wide award procedure due to reaching / exceeding the relevant threshold value with addition of all estimated order volumes. The individual planning services are awarded in separate award procedures. In parallel to this tender, tenders for engineering services for technical equipment are issued. The building physics services are awarded by hand according to the proposal of the property planner.
For the construction process, the client has the following requirements in terms of time:
- The basic services of service phases 1 to 4 must be completed 5 months after the contract has been awarded;
- The construction work required for the renovation must begin no later than 5 months after completion of work phase 4 (start of construction);
- The construction work required for the renovation must be completed no later than 1 year after the start of construction (end of construction);
- The renovated premises are to be put into operation immediately after completion.
The contractor must start executing the planning services owed no later than 3 weeks after the order has been placed (start date). He must complete all of the services contractually owed within the scope of service phases 1 to 4 of Section 34 (3) HOAI no later than 5 months after the award of the contract and, in particular, to submit the building application required for the renovation no later than 4 months after the award of the contract (final completion date), if a such is necessary.