HomeMy WebLinkAbout1997-11-10 City CouncilTO:
City of Palo Alto4
City Manager’s Report
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
AGENDA DATE: NOVEMBER 10, 1997 CMR:388:97
SUBJECT:AWARD OF AMENDMENT TO CONSULTANT AGREEMENT
WITH MILTON F. JOHNSON, ARCHITECT FOR THE
RINCONADA POOL IMPROVEMENT PROJECT, CIP 19406
REQUEST
This report recommends that Council approve an amendment to the consultant agreement with
Milton F. Johnson, Architect for $40,968 for consultant design and construction administration
services to construct the Rinconada Pool Improvements, CIP .19406.
RECOMMENDATIONS
1. Staff recommends that Council approve and authorize the Mayor to execute the attached
amendment (Attachment C) with Milton F. Johnson, Architect in the amount of $40,968
for the Rinconada Pool Improvement Project, CIP 19406.
Authorize the City Manager or her designee to negotiate and execute one or more change
orders to the agreement with Milton F. Johnson, Architect, the total value of which change
orders for the additional scope of work shall not exceed $4,000.
POLICY IMPLICATIONS
Approval of the agreement is consistent with the existing City policies.
EXECUTIVE SUMMARY
The RinconadaPool Site Improvements project was funded to correct various health, safety, and
operational concerns at the site including the replacement of the existing deck around the adult
and children’s pools, replastering both pools, minor modifications to the locker room areas,
lighting and electrical upgrades, and construction of a permanent storage building. The attached
amendment to the consultant’s agreement will increase the scope of the consultant’s work to
include the design and construction administration work for replacement of the Children’s pool
in addition to the above work. Council approved a budget amendment ordinance for $400,000
on March 24, 1997, for the design and construction of a new Children’s pool. This amendment
is the first phase towards implementation of that work.
CMR:388:97 Page 1 of 2
The total cost for the design and construction administration services is not-to-exceed $109,318.
This includes $3,200 for reimbursable expenses and $9,000 for additional services.
FISCAL IMPACT
Funds have been appropriated in CIP 19406.
ENVIRONMENTAL ASSESSMENT
This project is exempt from CEQA under Section 15301 of the CEQA guidelines.
ATTACHMENTS
A - CMR:162:97
B - CMR:521:95
C - Amendment -
PREPARED BY:Karen Smith, Manager of Facilities Maintenance and Projects
DEPARTMENT HEAD-!~EVIEW:
CITY MANAGER APPROVAL:
GLENN S. ROBERTS
Director of Public Works
EIV~LY ~SON
Assistant City Manager
CMR:388:97 Page 2 of 2
City
City of Palo Alt Manager’s Repor_tl_ 3
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: Public Works &
Community Services
AGENDA DATE: MARCH 24, 1997 CMR:162:97
SUBJECT:]BUDGET AMENDMENT ORDINANCE FOR THE
RINCONADA POOL IMPRO_VEMENTS PROJECT - CIP
19406
!REOUEST
Provide additional fimding in the Rinconada Pool Site Improvements CIP to replace the
existing Children’s pool at Rinconada.
RECOMMENDATIONS
St~ff recommends that Council:
1.Approve the attached Budget Amendment Ordinance in the amount of $400,000 to
fund the replacement of the Rinconada Children’s pool (Attachment D).
Apprbve the attached CIP description for Rinconada Pool Improvements, CIP
19406 (Attachment E).
POLICY IMPLICATIONS
Approval of this Budget Amendment Ordinance (BAO) is consistent with existing policies.
EXECUTIVE SUMMARY
The Rinconada Pool Site Improvements project was funded to correct various health and
safety concerns at the site including the repair or replacement of the existing deck around
both pools, replastering both pools, minor modifications to the locker room areas, and
lighting and electrical upgrades. The project also included repairs to the Children’s pool "m
correct the problems caused by the uneven settling of the pool, provide proper drainage to
meet current County Health Department standards, and install a ramp into the pool to comply
with the Americans with Disabilities Act (ADA).
CMLR:162:97 Page 1 of 4
Although the history of the original p0ol structure ~vas known, no structural or construction
drawings were available for review. The wading pool was originally built as a cooling pond
for the former generator plant, in or around 1915. Modifications to the pool were made in
the 1960’s and the 1980’s adding a false bottom, mechanical equipment, drainage and coping
to the pool to further its use as a recreational facility. Due to the lack df available
information regarding the original structure and the impact the required modifications would
have upon the structure, fui-ther investigation into the cause of the pool. settlement was
required.
During the design phase, investigations of the soil condition sun’ounding the Children’s pool
and of the pool’s structural inte~ity were completed to determine the reason for the settling
of the pool, the appropriate method of repair, and the appropriate design for the support of
the handicap ramp. The determination of these factors required emptying the pool and the
use of both intrusive and nonintmsive testing methods. Soil borings were taken around the
pool, test pits du~ on opposing sides of the pool to determine the pool footing construction,
core samples taken of the concrete walls and into the slab structures, and Profometer
(electronic detection) readings taken to determine the location and size of steel reinforcing
bars.
Through the testing process, the consultants determined that the various stages of
modification to the pool had not been structurally interconnected. The concrete tank walls
and bottom were built with minimal or no reinforcing steel, The bottom of the tank appears
to have been poured-in-place without any means of connection to the tank walls. In addition
to the settling of the pool, cracks and leaks in the pool xvall structure were discovered during
the investigation phase (Attachment A). Due to the age of the original structure and its
cun’ent condition, the project architect recommends that it be replaced (Attachment B). The
soils engineering report and the structural engineer’s report are available upon request.
The funds requested through this BAO will be used to replace the .Children’s pool with a
comparable structure in the same basic location. The replaci:ment of the pool will require
some additional modification to the mechanical equipment to comply with the County health
standards. The new pool xvill have a gradually sloped entry on one side to comply with the
ADA requirements. As an incidental benefit, replacement-will also enable minor changes
to the pool layout and design at only a minimal additional cost, which will enhance its
functionality for the programs it serves.
In addition to the proposed repairs, design changes are being made that will provide five
different activity areas to the Children’s pool including a fountain play apparatus, a water
slide, a sloped walk-in area for toddlers and the disabled, and an instructional area. By
C1~fR:162:97 Page 2 of 4
introducing these new elements into the facility, a greater variety of water activities will be
available to the youth in our community. Additionally, it will enhance our instructional
program. Improved seating areas and landscaped areas will be provided for parents and
family who are supervising their young children. These changes will provide a more
attractive and colorful environment for Palo Alto’s children to enjoy (Attachment C).
Rinconada Pool is a valuable and extensively used resource to the community. More than
73,000 children and adults utilize the pool for swim lessons, conditioning and recreational
swimming annually. The Rinconada Masters and Palo Alto Youth Swim Club also utilize
the pool, and three major swim meets are hosted annually, The Children’s pool is used’
extensively for lessons, wading and play by youngsters. -
Now that there is the opportunity, ~ve are attempting to make the Rinconada Pool complex
more attractive and aesthetically pleasing, as well as encourage use by families. Clearly,
there is a significant linkage between the Children’s pool and the overall use of the facility-.
by family groups. When the Children’s pool was closed for repairs during a six-week period
last summer, a 65 percent decrease in overall attendance occurred resulting in a significant
revenue loss.
Funding is requested at this time due to scheduling concerns and the conditic~n of the existing
structure. If approved, the project would be scheduled for construction over the winter of
1997-98. Work will commence immediately following the 1997 swim season and be
completed in time for use during the 1998 summer swim season. If approval of funding were
to be delayed in order to coincide with the budget schedule, work would then be delayed to
the following year (1998-99). If replacement is deemed undesirable, it is rec~inmended tha(
the Children’s pool be permanently closed, removed, and filled in, since it cannot continue
to meet the applicable standards for public pools which are administrated by the County
Health Department. ..
FISCAL IMPACT
The attached Budget Amendment Ordinance in the amount of $400,000 is requested from
the Budget Stabilization Reserve to supplement fund!ng appropriated in the Rinconada Pool
Site Improvements - CIP 19406.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt under the provisions
environmental review is necessary.
ATTACHMENTS
of CEQA and no further
C1VIR:162:97 -.Page 3 of 4
Attachment A - Report Summary of On-Site Exploration and Concrete Testing: DCI
Attachment B - Summary of Findings: Milton F. Johnson, Architect
Attachment C - Proposed Children’s Pool
Attachment D - BAO
Attachment E - CIPdescription
PREPARED BY: Karen Smith, Manager of Facilities Maintenance & Projects
DEPARTMENT HEAD REVIEW:
GLENN S. ROBERTS
Director of PubliG Works
CITY MANAGER APPROVAL:
DEPARTMENT HEAD REVIEW:
PAUL THILTGEN
Director of Community Services
ty Manager
CMR:162:97 Page 4 of 4
Corporate Offices
bla t e r’i~L~/Ch e rni~ try Laboratori~
415 F~Ud ~ve
Mount~ View, Cali~omln 94~3
Telephone:(4t5) 967~982
Facs~He:(415) 967-6955
DYNAMIC CONSULTANTS, INC.
Testing & Inspection Services
ATTACHMENT A
Branch Office
26 Hang~ Way, Suite F
Watsonville, California 95076
Telephone: (408) 724.2234Fac~nLle: (408) T24-gI66
City of Palo Alto
Public Works Department
P. O. Box 10250
Palo Alto, California 94303
October 22, 1996
Attention: Bill Shaddle
PROJECT:RINCONADA PARK CHILDREN’S P 0 0 L
NW Com~er,of Newell and Embarcadero, Palo Alto, CA
DCI No.: 2437-M09
Lab No.: 39455
SUBJECT:On-Site Exploration and Concrete Testing
As requested, Dynamic Consultants, Inc. (DCI) has performed a limited surv.ey of the existing
concrete foundations and slabs which were a part of the original pool construction at the subject
project. This work was performed at the project site during the pe_riod October 1 to 4, 1996. The
following report represents the results of our testing ahd observations.
Background
We understand that the City of Palo Alto proposes to construct a handicap ramp entrance to the
existing children’s pool at the project site. DCI was retained to assist in exploring the condition and
extent of the foundation system associated with the old original cooling pool structure. The pool
has apparently undergone some differential movement as evidenced by an uneven water level. The
pool structure appears to tilt down from north to south approximately one (1) inch. This condition
has created concern about what has caused the apparent movement and how it might affect the
future performance of the pool. Also of interest is whether there would be adequate foundation
support for the new handicap ramp.
The existing pool has undergone at least a couple of renovations over the years. We understand the
original pool structure was constructed many years ago as a cooling water pond for a power plant.
It was later converted to a wading pool, with the addition of a concrete edge around the pool and
other improvements associated with this conversion to a public pool. According to a 1986 drawing
by Godwin B. Steinberg Associates, . the pool was ~gain renovated by adding a new shallower
concrete floor slab, along with some other related improvements.
(Page 1 o.f 4)
City of Palo Alto
Public Works Department
DCI.
DYNAMIC CONSULTANTS, INC.
October 22, 1996
DCI No.: 2437-M09
Lab’No.: 39455
Page 2 of 4
Scope of Work
The following scope of work was developed based on Cecil H Wells, Jr. & Associates letter of July 8,
1996 bY Richard Cassidy, DCI’s proposal of September 11, 1996, and various job sitemeetings and
discussions with Karen Smith, Bill Shaddle, and other City personnel, as well as Milt Johnson,
Project Architect, and Richard Cassidy, Project Structural Engineer.
1. Excavate two test pits-to expose and explore the original pool wall and foundation.
Perform Profometer/Pachometer Survey to determine presence of existing vertical and
horizontal reinforcing steel in the original pool wall and footing.
Determine the depth and size of pool wall foundation.
!.Determine the connection between the pool wall and original floor, including.size and spacing Of -
any dowel reinforcing.
Drill core specimens from the pool wall at both test pit locations to determine construction
details and test cores for compressive strength.
Measure any water infiltration occurring into the test pits and test water to determine if it could
be coming from the pool.
rocedures
he two t~es~ pit locations to be exposed were selected at Opposite slides of the pool in order to
:plore both a wet and dry subgrade and foundation condition immediately adjacent to the pool-.
~_st pit No. 1 (TP-1) was located at t.he south end which is.at the !ow side in the same location as the
cent test pit previously explored by Earth Systems. This was done to furthei: explore a crack
~served in the pool wall which was leaking water into the surrounding soil. Test pit No. 2 (TP-2)
~s located at the north end of the pool, which is at the higl~ side and presumed to be in a dry
ndition. (Photos 1, 2, 9, 10, 19, 20)
te test pits were excavated by saw c.utting a 4 foot by 6 foot opening in the concrete sidewalk slab
d removing the concrete and soil to the bottom of the pod wall foundation with a back hoe. The
posed concrete wal! and footing were cleaned off by hand and small portion of the bottom of the
~ting was dug out to measure its width and depth. Measurement~ and photographs were taken
the exposed wal! and foundation. (Photos 5, 6, 7, 8, 1!, 12, 21, 22)
City of Palo Alto
Public Works Department
DYNAMIC CONSULTANTS, INC.
October 22, 1996
DCI No.: 2437-1vi09
Lab No.: 39455
Page 3 of 4
A Profometer was used to survey the exposed wal! area to determine the presence and location of
reinforcing steel. A Profometer is an electronic metal sensing device which is designed and
calibrated to detect reinforcing steel embedded in concrete at depths up to six inches. This was also
used to survey the existing wading pool floor and wall to verify the reinforcing steel used in the
previous renovations.
Cores were drilled (two from each location) horizontally through the pool wall and into the concrete
floor immediately behind the wall. This provided core specimens for compressive strength testing
as well as visual evidence of the connection between the original pool wall and floor. These cores
also provided an indication of some of the past renovation construction. These core specimens were
examined, measured and photographed as they were removed from the ,,vail. Richard Cassidy,
Project Structural Engineer, was present during the core drilling process and participated in the
interpretation of the information obtained from the exposed foundations and the drilled cores.
(Photos 15, 16, 25, 26)
The core holes were patched by using, a bonding agent and then filling with a concrete. The
excavated test pits were refilled with uncompacted soil up to the top of the existing sidewalk sl~b,
and the two openings were covered with plywood. (Photo 18)
In order to check the 16velness of the pool, the City of Palo Alto performed an elevation survey of
the pool floor slab and points around the edge structure of the pool. The Public Works Department
has a topographic map of the entire pool area which shows measurements taken previously on
February 15, 1996 and then updated August 30, 1996. We have included.a copy of the wading pool
level survey data in this report for your information (Appendix 2). DCI measured the approximate
distance from the water surface (while water was still) to the top of the flow lip around the edge of
the pool. This data was compared to the City’s data to determine the difference in elevation between
the high and low sides of the pool. (Photos 3, 4)
3ummarv of Findings
summary of our findings-and observations are detail in this report . We have included
9hotographs and sketches of th.e.exposures as well as other details to assist in the documentation
~nd description of our Observations, The following is a summary of our conclusions.
The bottom of the original concrete pool wall (footing) is about 40 to 43 inches deep from the
edge of the pool and 9 to 10 inches wide. The tested core compressive strengths averaged 3630
psi. No rebar was detected in the wall. The w.all appears to have been placed separately from
the original floor slab and no connection or attachment was discovered.
City of Palo Alto
Public Works Department
D
DYNAMIC CONSULTANTS, INC.
October 22, 1996
DCI No.: 2437-M09
Lab:No.: 39455
Page 4 of 4
The original concrete pool floor slab behind the wall is about 33 inches below the po01 edge. The
slab thickness varied, but appeared to be at least 5 inches. No rebar was detected.
The edge structure appears to contain some minor reinforcing and may have been constructed in
more than one placement or phases of construction.
The newer concrete slab and interior perimeter wall contain reinforcing which is apparently
consistent with the earlier renovation details shown on drawing PL-1 by Goodwin B. Steinberg
Associates, dated 1/8/86 (Appendix 1).
Water is apparently leaking out of the pool, at least at the south side. It appears to be leaking
_through the construction joints in the pool slab, traveling underneath to the perimeter wall, and
then out into.the surrounding soil.
6. The. pool structure is tilted down to the south end approximately 1 inch.
Limitations
The findings and conclusions Offered in this report are based on a limited sur.vey using destructive
and non-destructive techniques of selected areas of the project structure. The size and location of
reinforcing steel, as determined by the Profometer and Pachometer, are based on judgement and
interpretation of the data collected. We have performed our services in accordance with the
standard of practice and care normally exercised by similar firms in the area. No other warranty or
~uarantee is offered or implied. .
eve are pleased to have been of service to you on this project. Contact the undersigned if you have
~ny questions regarding this report.
~,es submitted,
~Y
~_lifford g, P.E.
enior Engineer
TS, INC.
’.nclosures: Summary of Findings (8 Pages)
Photographs (18 Pages)
Appendix (7 Pages)
lc: Milt Johnson
1’c: Cecil H Wells, Jr. & Associates/Richard Cassidy
[][] MILTON F. j,L, rlNSOb’
November 25, 1996
ATTACtt3X4ENT B
#9521R
City of Palo Alto/Public Works Dept.
Facilities Management Division
P. O. Box 10250
Palo Alto, CA 94303 ’
At~:MsKaren Smith
Re:Pdnconada Park Pools Renovation
Subj:Children’s Pool - Summary of findings
Gentlemen:
This is a synopsis of the geological, structural and materialtesting investigations that have been
conducted on the existing Childrens’ Pool.
I. Historical: The original cooling pond was built as an adjunct to the former stationary electric
generator plant constructed some time after WWI, presumably in the early or mid-twenties. The
purpose of the cooling pond was to store aerated (sprayed) water for re-use in order to cool the
internal combustion engine(s) that drove the electric generators.
As noted in the report prepared by Dynamic Consultants, Inc. (DCI) of Mountain View, CA, the
circular concrete tank walls and bottom were without reinforcing steel. The bottom of the tank
appeared to have been poured-in-place without any means of connection to the tank walls, i.e., a
cold joint construction and no dowels or keyed joints.
The adjacent swimming pool presumably was constructed prior to WWII, of cast-in-place,
reinforced concrete utilizing conventional retaining wall (vertically cantilevered walls on tee-section
footings) design. The pool originally measured 50 by 100 feet, but was enlarged after WWIIIi6
provide a width of 75 feet and 1 inch for 25 yard swimming (length-of-course)events.
At about the same time (19607) that the swimming pool was enlarged, modifications were made to
the Childrens’ Pool that included a new false bottom and an entirely new perimeter recirculation
gutter and piping system. Similar revisionswere also made during 1986. Again, as noted in the
report prepared by DCI, the various parts and additions were not structurally interconnected. This
analysis is further supported.by the attached report, dated October 18, 1996, by C. H. Wells &
Associates, Structural Engineers of San Mateo, CA.
The scope-of-work for Project CIP19406 envisioned re-leveling the perimeter overflow gutter lip
because the pool was one inch out-of-plumb. Also, a new handicapped access ramp at the south
rim of the Childrens’ Pool was to be added. An assessment of the existing geological conditions
was requested (January 21, 1996) at the commencement of the design process. An independent
81 HARBERN WAY
HOLLISIER. CALIFORN~ 95023
~,08/637.3810
To; City of Palo Alto~ublic Works Dept., Attn: Ms Karen Smith, November ~2fi,. 1996, P. 1!-
geological reconnaissance was undertaken by -Earth Systems Consultants (ESCNC) of Fremont,
CA, and’a report was submitted on May 31, 1996. Essentially, the analysis predicted a possible 3-
inch settlement of the Childrens’ Pool at the southwest portion of the pool because of relatively soft
soil when compared to soils at the opposite side.
A supplemental report by ESCNC was issued on October 7, 1996; recommending that the
proposed handicap ramp be independently supported on a raft type foundation and that no
additional loads should bear on existing structure of the Childrens’ Pool. It was also noted that the
vertical crack in the side of the existing pool wall (and foundation) included a 1/16 inch offset that
was leaking about 1/2 gallon of water per minute.
The supplemental report by ESCNC preceded the DCI report by two weeks, but both consultants
concluded that the lack of a cohesively integrated structure con~ibuted to the pro~essive failure of
the pool vessel to contain water. In essence, the existing st~uctare falls woefully short of being
redeemable and does not justify any expenditure of funds to salvage it.
II. Conclusion/Recommendation: The estimated cost of attaining the programmed revisions to the
existing Childrens’ Pool is $75,000. There can be no assurances that the pool would remain level,
even if this amount’of money were expended. Pipes can be repaired or replaced, but the potential
sources of leaks through the existing smicture are too great.
It is recommended that the existing pool be demolished and that saturated soils be removed from
the site. Under the direction of the soil engineer, the site should be prepared for imported fill
material to be placed. Stabilizing adjacent areas to protect the existing mainpool and bathhouse is
equ .ally as important as stabilizing the area of the Children’s Pool.
A ne~v Children’s Pool of similar size and shape, designed to contain more. and diverse activities, .
can enhance swimming opportunities for th~ smaller children and certainly can be as unique as the
existing facility.
Pool Con
lnson
/
ATTACHMENT D
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1996-97 TO
PROVIDE AN ADDITIONAL APPROPRIATION FOR CAPITAL
IMPROVEMENT PROJECT 19406,RINCONADA POOL SITE
IMPROVEMENTS,FOR REPLACEMENT OF THE CHILDREN’S POOL
WHEREAS, pursuant to the provisions of section 12 ~fArZicle
III of the Charter of the City of Palo Alto, the Council on June
24, 1996 did adopt a budget for fiscal year 1996-97; and
WHEREAS, Capital Improvement Project (CIP) Number 19406~i~-~:~=h~
Rinconada Pool Site Improvements, was approved to p[ovide for a
variety of pool, deck, and mechanical improvements, and later
:increased to address additional health and safety concerns in both
the wading and lap pools; and
WHEREAS, further investigation of the wading pool has uncovered
extensive structural problems which have led to uneven settling, as
well as cracks in the original pool wall; and
WHEREAS, due to the.age of the structure and its current
condition, it is recommended that the structure be replaced.
completely with a comparable structure in the same location; and
WHEREAS, CIP Number 19406 must be increased by $400,000 to fund
the replacement; and
WHEREAS, City Couhcil authorization is needed to amend the
1996-97 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:’
.SECTION i. The sum of Four Hundred ~housand Dollars ($400,000)
is hereby appropriated to Capital Improvement Project No. 19406,
Rinconada Pool Site Improvements, and the Budget Stabilization
Reserve is correspondingly reduged.
SECTION 2. This transaction will reduce the
Stabilization Reserve from.$20,679.,l14 to $20,279,114.
Budget
SECTION 3.
Alto Municipal Code, a two-thirds vote
required to adopt this ordinance.
As specified in Section 2.28.080(a) of the Palo
of the City Council is
~ECTION 4. This project has been
categorically exempt under Section , 15302
Environmental Quality Act.
determined to be
of ~ the CaIif0rnia
SECTION 5. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Deputy City
Admini s trat ive
Department
Manager,
Services
Director of Public Works
!
ATTACHMENT E
PRr’POSED REVISION
IIlNCONADA POOI, SITE IMPROVEMENTS (19406)
project Description: This project upgrades elements of Rinconada Pool to meet health and safer y
requirements and storage needs. The children’s pool. will be replaced with one of similar size in
the same location, supply and return piping will be replaced to both pools, the adult pool will be
replastered, lighting will be iast’,.dled in the adult pool, new electrical service will be installed on
the deck %r operation of pool equipment, and the deck will be replaced. The locker room
ventilation will be hnproved, and the floors will be sloped for proper drainage, A new building
will be constructed to house office space for swim groups and storage of pool equipment.
.Project Components: Design and construction
P~_P.~ect Justificatimu This project \viii resolve several health and safety concerns and will bring
the facility into compliance with County and State standards. The children’s pool which has
settled and has cracks in the pool wall structure will be replaced. The age of the original
structure, its condition, and changes in the code requiring upgrades to the pool and equipment,
make it cost effectiv~ to replace ratimr than repair the pool. The current deck is in very poor
condition presenting tripping and foot injury problems. Other repairs include upgrading the
mechanical equipment for improved ventilation in the locker rooms, improving the drainage.of
the locker room floors, and rcplastering the adult pool. In addition to the health and safety issues,
this project \viii provide enclosed storage space for pool equipment. It is an@ipated that this will
be the last capita! project request for the pool until it requires re-plastering again, in 8-10 years.
Impact and Suppor+l: Analysis:
¯ Enviromnental:Categorically exempt under Section 15301 of CEQA, minor change to
existing facilities.
Design elements:Project is subject.to ARB review.
o Operating:Public Works/Facilities- will ’reduce maintenance requirements
¯ ’ Teleconmaunications’ None.
,Comprehensive Plan:This project furthers Policy 5 of the Schools and Parks Eletnent relating
to makiug parks safer for users.
JF|nancial A~:
PY $530,000
1996-97 $175,000
$400,000 Mid-year BAO
,1997-98
1998-99
Source of Funding: General Fund
Project Liaiso.n Contact: Karen Smith
City
City of Palo Alto
Manager’s-Report
5
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER , DEPARTMENT: PUBLIC WORKS
AGENDA DATE: December 18, 1995 CMR:521:95
SUBJECT:Award of Agreement for the Rinconada Pool Improvement Project,
CIP 19406 . -
REQUEST
This report recommends that Council approve an agreement for $64,350 with Milton F.
Johnson, Architect for consultant design and construction administration/management services
to construct the Rinconada P0ol Improvements, CIP 19406.
RECOMMENDATIONS
1. Staff recommends that Council approve and authorize the Mayor to execute the attached
agreement with Milton F. Johnson, Architect in the amount of $64,350 for the Rinconada
Pool Improvement Project, CIP 19406.
o Authorize the City Manager or her designee tO negotiate and execute one or more change
orders to the agreement with Milton F. Johnson, Architect, the total value of which
change orders shall not exceed $9,700.
POLICY IMPLICATIONS
Approval of the agreement does not represent any change to the existing policy.
EXECUTIVE SUMMARY
Because consultants experienced in the public health and safety requirements associated with
municipal swimming pool design and construction are limited in number, staff reviewed th’e
qualifications of selected consultants by phone before distributing the request for proposal
(RFP). As a result of this pre-qualifying, staff mailed RFPs to four consultants,- two sub-
consultants, and an advertising service; and a notice of bidding.was placed on the Internet.
Proposals were received from two qualified consultants on October 10, 1995; Milton F.
Johnson, Architect and David Evans and Associates, Inc.
The consultant selection committee consisted of a Recreation Superintendent from the
Community, Services Department and a Senior Engineer and Facilities Projects and
CMR:521:95 Page 1 of 2
Maintenance Manager from the Public Works Department who reviewed the proposals and
interviewed the firms. The committee ranked the firms based upon the criteria of knowledge
of design requirements, experience, organization, compliance with RFP - requested information,
references, proposed fee and oral presentation. Staff was very impressed with Milton F.
Johnson, Architect, because of his thirty years of experience in pool design and construction.
The new Rinconada Pool improvements consist of rriodifications to the piping infrastructure,
resurfacing the pool deck, upgrades to the mechanical/electrical system, construction of a new
pool storage facility, expansion of the Master’s swim club room, modifications to quiet the
public address, system loudspeakers, installation of an ADA compliant access ramp to the
children’s pool and miscellaneous repairs. The project will also include an option to replaster
both pools, dependent upon availability of funding.
FISCAL IMPACT
Funds have been appropriated in the FY 1995-96 Capital Improvement Program.
ENVIRONMENTAL ASS_ESSMENT
This project is exempt from CEQA under Section 15301 of the CEQA guidelines.
ATTACHMENTS
A - Summary of Proposals
B - Agreement
P1LEPAR.ED BY:Karen Smith, Facilities Manager
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
GLENN S. ROBERTS
Director of Public Works
cc:Barry Weiss
CMR:521:95 Page 2 of 2
ATTACHMENT "A"
SUMMARY OF PROPOSALS
for
RINCONADA POOL IMPROVEMENT PROJECT, CIP 19406
No.Advantages Disadvantages
1 1.
Consultant Name
Milton F. Johnson, Architect
David Evans & Associates
1.Over 30 years of experience
in the design and
construction of public
swimming pools.
2. Excellent references.
1.Lots of experience with
water related projects, ie.,
reservoirs, tanks, etc.
2.Highly organized, strong
project management.
One person firm.
Not always
available by phone.
According to
references it’s
sometimes difficult
to keep him on
schedule.
1.Limited experience
with pools.
AGREEMENT
BETWEEN THE CITY OF PALO ALTO
AND MILTON F. JOHNSON, ARCHITECT FOR
PROFESSIONAL ARCHITECTURAL/ENGINEERING
CONSULTANT SERVICES FOR THE RINCONADA POOL
~ IMPROVEMENT PROJECT, CIP 19406
~A~. " .TH!S AGREEMENT, made and entered into this // day of~ , 1995, by and between the CITY OF PALO ALTO, a
municipal corporation of California, hereinafter referred to as
"CITY~." and MILTON F. JOKNSON, ARCHITECTS (Taxpayer Identification
No. 77-0047777), a sole proprietorship, with offices at 81 Harbern
Way, Hollister, cA95023, hereinafter referred to as "CONSULTANT";
W I TNE S SETH:
WHEREAS,. CITY desires certain professional consultant
services hereinafter described; and
WHEREAS, CITY desires to engage CONSULTANT to provide
these services by reason of its qualifications and experience for
performing such services and CONSULTANT has offered to provide the
required services on the terms and in the manner set forth herein;
NOW; THEREFORE, in consideration of their mutual
covenants, the parties hereto agree as follows:
SECTION I~- DEFINITIONS
i.i CITY
California.
The term "CITY" shall mean the City of Palo Alto,
1.2- CITY MANAGER
The term "City Manager" shall mean the duly appointed
City Manager of the City of Palo Alto, California, or his or her
designated representative.
The term. "City Clerk" shall mean the duly appointed City
Clerk of the city of Palo Alto, California, or his or her
designated represente~ive.
1.4 RISK MANAGER
The term "Risk Manager" shall mean the duly appointed
Risk Manager of the City of Palo Alto, California, or his or her
designated representative.
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951211 syn 0070889
1.5 PROJECT
The term "Project" shall mean the services and
improvements, if any, described in Exhibit "A" entitled "Scope of
Project and Time Schedule," attached hereto and made a part hereof
by this reference.
SECTION 2 -PROJECT COORDINATION
2.1 CITY
The c~ty Manager will be the representative of CITY for
all purposes under this Agreement. PATRICK STONE hereby is
designated as the Project Manager for the City Manager and he or
she shall supervise the progress and execution of this Agreement.
2.2 CONSULTANT
CONSULTANT shall assign a single Project Director to have
overall reSponsibility for the progress and execution of this
Agreement for CONSULTANT. MILTON F. JOHNSON hereby is designated
as the Project Director for CONSULTANT and shall represent
CONSULTANT during the day-to-day work on the Project. Should
circumstances or conditions subsequent to the execution of this
Agreement require a substitute Project Director or Project
Coordinator for any reason the Project Director or Project
Coordinator designee shall be subject to the prior written, approval
of the Project Manager.
SECTION 3 SCOPE OF PROJECT
The scope of the Project to be executed by CONSULTANT
under the phases of the Basic Services described in Section 4.1 of
this Agreement, and the time schedule for the Project, are
described in Exhibit A.
SECTION 4 -DUTIES OF CONSULTANT
4.1 BASIC SERVICES
~tages of Work. The Basic Services shall be furnished in
the stages of work as described below and as more particularly
described in Exhibit A.
4.1.1 Desiqn Stage
The Design Stage shall consist of the following
phases of work and shall include, but not be limited to, the usual
professional services of architecture, civil, structural,
electrical and mechanical engineering, and environmental planning,
as applicable. CONSULTANT’S specific responsibilities under each
of these phases are described below.
2
951211 syn 0070~9
4.1.1.1 Design Development Phase
(a) CONSULTANT shall attend a pre-design
conference with CITY staff and appropriate user groups called by
the Project Manager at a time to be established by the PROJECT
MANAGER, as described in Exhibit "A", to discuss the requirements
of the Project and to provide the CONSULTANT with information and
drawings on ~the existing pool and facilities, and develop an
overall understanding of .CITY’S goals’ regarding the Project.
(b) CONSULTANT shall work with CITY’S
staff to secure .approvals of the Design Development Phase by City
Council and/or other appropriate committees and commissions. If
required by CITY, CONSULTANT shall make personal presentations of
the Design Development Phase to the City Council, any City Council
committee to which the Project is referred, the Planning
Commission, any community advisory groups, and/or the Architectural
Review Board.
(c) CONSULTANT shall work with CITYstaff to secure approval of the conceptual design by the
Architectural Review Board (ARB). CONSULTANT shall accomplish this
by presenting a package showing two architectural schemes including
tissue renderings and/or manufacturer’s drawings for the pre-
fabricated pool ~ storage shed and the Master’s/Palo Alto Swim
Club/Adult conditioning Building. The package shall also include
color pallets., material boards and graphics. CONSULTANT shall
submit to the ARB as soon as possible after the agreement is
awarded (three (3) meetings total; one (i) with CITY staff and two
(2) maximum with the ARB).
(d) CONSULTANT shall attend a total of
two (2) prerdesign meetings with CITY staff and the appropriate
user groups; one (i) with staff and one (i) with the appropriate
user groups).
(e) CONSULTANT shall design all
improvements to conform to applicable laws regarding the design,
construction and mechanical operation of public swimming pools as
contained in the California Health and Safety Code, the California
Code of Regulations, the Uniform Building Code, ADA requirements,
as they may apply to the existing pools and City of Palo Alto
Municipal Code.
(f) CONSULTANT shall provide a cost
estimate for CITY. staff review and approval at the beginning of the
Design Development Phase and update it at the completion of the
Design Development Phase.
(g) CONSULTANT shall attend a meeting
with CITY staff~at the 60 percent Design Development Phase point to
coordinate the preliminary and final design (I meeting).
3951211 syn 0070889
(h) CONSULTANT shall furnish four (4)
bound sets of blueline drawings to staff for review and approval at
the 60 percent design completion stage.
(i) CONSULTANT shall furnish four (4)
sets of an outline of the technical and general requirement
specifications to staff for review and approval at the 60 percent
Design Development Phase point. ¯
(j) CONSULTANT shall perform its
obligations under this Design Development Phase within the time
period permitted~in the Schedule Exhibit "A".
(k) CONSULTANT shall return all phone
calls from the CITY within 36 hours unless approved otherwise by
the CITY.
(i) Upon written approval by CITY for the
completion of the Design Development Phase, CONSULTANT shall
proceed to the Construction Document Phase.
(m) CONSULTANT Shall submit to the
Project Manager, in triplicate, copies of any and all calculations,
sketches, diagrams, computer print outs, and other documents
prepared during this phase of the Basic Services.
4.1.1.2 Construction Document Phase
(a) CONSULTANT shall prepare from the-
approved design development drawings, the construction documents
consisting of drawings and other data to fix and describe the size
and character of the entire Project, including materials and such
other essentials, as maybe appropriate.
In particular, CONSULTANT shall develop
final detailed Drawings, Project Specifications and a listing of
all comments received during the review~processes to develop final
detailed Drawings, Project Specifications, and other items as
described in Exhibit "A" setting forth in detail the requirements
for the construction of the Project. CONSULTANT shall advise City
of any adjustment in costs due to the general market.conditions by
-making necessary corrections in the cost estimate. The contract
Specifications shall be written -in conformance with the
Construction Specifications Institute-Part III format for section
numbering and organization. The Contract Specifications shall
consist of Bidding and Contract Requirements (Division 0), General
Requirements (Division i), and Technical Specifications (Divisions
2-16). CONSULTANT shall prepare all required sections of the
Contract Specifications except for Division 0 and I, which will be
provided by CITY.
(b) If required by CITY, CONSULTANT shall
make personal presentation of the Construction Document Phase to
the City Council, any Council committee to which the Project is
referred, the Planning Commission, any community advisory group
9512|1 ~yn 0070~9
and/or the Architectural Review Board. CONSULTANT shall attend a
minimum of one (i) meeting and a maximum of two (2) meetings during
this Phase.
(c) CONSULTANT shall submit to the
Project Manager, in triplicate, copies of any and all calculations,
sketches, diagrams, computer printouts and other documents prepared
during this~phase of CONSULTANT’S Basic Sel-vices.
(d) CONSULTANT shall ~provide cost
estimate for CITY staff review and approval at the 90 percent and
i00 percent Construction Document Phase.
(e) CONSULTANT shall work closely with
CITY staff to assure the project costs do not exceed the project
budget.
(f) CONSULTANT shall assist staff to
obtain a building permit from the building department by furnishing
all necessary drawings and calculations.
(g) CONSULTANT shall furnish four (4)
bound sets of blueline drawings and other Agreement documents as
required and described in Exhibit A to staff for review and
approval at the 90 percent and i00 percent Construction Document
Phase.
(h) CONSULTANT shall furnish four (4)
sets of the technical ’and general requirement specifications to
staff for review and approval at the 90 percent and i00 percent
Construction Document Phase.
(i) CONSULTANT shall prepare a
recommended construction phasing plan to be included in the
specifications indicating an efficient and effective means for the
CONTRACTOR to follow to minimize pool down time and disruption to
pool users during construction.
(j) Upon completion of final drawings
CONSULTANT shall submit one complete set of full size original
drawings to the CITY for review and approval, signature and
reproduction by the CITY.
(k) CONSULTANT shall attend meetings
between the CITY and regulatory agencies at critical phases of the
work and shall assist CITY in obtaining approval of regulatory
agencies when required by such agencies.
(i) CONSULTANT shall submit to Project
Manager two (2) copies of any and all revisions to each o9 the
calculations, sketches, diagrams, computer printouts, and other
documents that were initially submitted during the Design
Development Phase and any new calculation diagrams, computer
printouts and other documents.
5
951211 syn 0070889
(m) The Project Manager shall issue his
written approval to the CONSULTANT upon completion of the Documents
Phase for supplying the appropriate number of reports, drawings,
.specifications and documents to the CITY and otherwise complying
with the provisions of this subparagraph 4.1.2 to the CITY’S sole
satisfaction.
(n) CONSULTANT shall return all phone
calls from the CITY within 36 hours unless approved otherwise by
the CITY.
4.1.1.3 Bid Phase
(a) CONSULTANT shall assist staff in
preparing any necessary addendums during the bid phase.
(b) CONSULTANT shall assist CITY at the
pre-bid conference in answering questions, and making recom-
mendations concerning the request for bids for construction of the
Rinconada Pool Improvements. CONSULTANT shall be available at all
timesto answer CONTRACTOR’S questions about the Drawing and Project
Specifications during the bid period~
(c) CONSULTANT shall assist CITY at and
after the pre-bid conference, if required, in obtaining and
analyzing bids, awarding the contract.
(d) Upon award by the City Council of the
construction contract, CONSULTANT shall proceed to the Construction
Stage.
(e) CONSULTANT shall return all phone
calls from the CITY within 36 hours unless approved otherwise by
the CITY.
4.1.2
Construction Contract
Construction Staqe--Administration of the
(a) The Construction Stage will commence with
the award of the_construction contract and will terminate when
final payment is made by CITY to the contractor or upon the filing
and recordation of the notice of completion, whichever is later.
(b) CONSULTANT shall attend pre-construction
meetings and answer questions regarding the plans and specifica-
tions prepared by CONSULTANT.
-(c) CONSULTANT shall at all times have access
to the work Wherever it is in preparation or in progress.
(d) CONSULTANT and/or his subconsultantsshall make periodic visits to the site as necessary to become
familiar with the progress and quality of the work and to determine
if the work is proceeding in accordance with the contract
documents. 0ntHe basis of on-site observations, CONSULTANT shall
6951211 syn
endeavor to guard CITY against defects and deficiencies in the work
of the contractor, including advising and consulting with CITY on
technical instructions to the contractor and disapproving the
contractor’s work if it fails to meet the requirements of the
contract documents. CONSULTANT shall not be required to make
continuous on-site inspections to check the quality or quantity of
the work, provided that the limited extent of on-site observation
furnished by CONSULTANT in no way shall reduce or lessen its
responsibility or liability hereunder. CONSULTANT shall not be
responsible for the construction means, methods, techniques,
sequences or procedures, or for safetyprecautions and programs
employed in connection with the work, and shall not be responsible
for the contractor’s failure to carry out the work in accordance
with the terms of the contract documents. CONSULTANT shall make
periodic visits to the site to observe the quality and quantity of
the work an average of two (2) times per week unless directed
otherwise by the engineer.
(e) CONSULTANT shall interpret the technical
-requirements of the contract documents and advise CITY on the
issuance of £echnical instructions to the contractor.
(f) CONSULTANT shall review and take appro-
priate professional action on laboratory, shop and mill tests,
reports of equipment performance, shop drawings, samples, and other
submissions of the contractor for conformance with the design
concept of the Project and for compliance with the construction
contract documents.
(g) CONSULTANT shall prepare supplementary
sketches required in order to clarify or supplement the original
contract documents during the Construction Stage of work.
(h) CONSULTANT shall observe the initial
operation of the Project, or of performance tests required by the
contract plans and specifications.
(I) If required by¯ CITY, CONSULTANT shall
assist CITY in the start-up, testing and operation of the equipment
prior to acceptance of the Project by CITY.
(j) CONSULTANT shall conduct site visits,
accompanied by a representative of CITY, to determine the dates of
substantial completion and final completion. Further, CONSULTANT
shall make a declaration that the Project is in Conformance with
the design concept and is in substantial compliance with the
contract documents.
(k) CONSULTANT shall attend meetings at least
once each week (meeting may be held concurrent with weekly visit)
throughout the Construction Stage with the contractor and
representatives of CITY and shall submit to all concerned minutes
of the meeting attended°
951211 syn 0070889
(i) CONSULTANT shall assist the CITY in
preparing contract field orders, extra work authorizations, change
orders, issue proposal requests, respond to requests for
information and monitor claims and legal notices.
(m) CONSULTANT, at its expense, shall provide
the Project Manager with one copy of the specifications and a
complete set-¯of four mil minimum thickness, single matte, good
quality transparent mylar."as-built drawings" ("Record Drawings") of
the Project. Mylars may be produced using the electrostatic method
or the photographic "fixed line" process with reverse printing.
Diazo (Ammonia) process drawings are not acceptable. In addition,
CONSULTANT shall furnish CITY with copies of all design
calculations and similar documents.
(n) CONSULTANT shall not be responsible for
damages or injuries caused solely by acts or omissions of the
contractor, or any subcontractor, or any agent or employee of the
contractor or any subcontractor, or of any other persons performing
any of the work.
CITY for
contract.
the
(0) CONSULTANT shall provide assistance to the
administration/management of the construction
(p) CONSULTANT shall return all phone calls
from the CITY-.within 24 hours unless approved otherwise by the
CITY.
(q) CONSULTANT shall assist the CITY to review
progress payment invoices submitted by the contractor.
(r) CONSULTANT ¯shall prepare and maintain
applicable c4nstruction records, i.e., records of material tests,
log of submittal, field diary for all field visits, non-conformance
reports-and necessary photo documentation.
(s) CONSULTANT shall assist the CITY during the
final inspection walk-throughs.
4.2 ADDITIONAL SERVICES
CONSULTANT Shall perform or obtain any and all of the
following additional services if so authorized in writing by CITY,
and shall be paid as.provided in Section 7 of this Agreement:
studies.
(a~ Provide financial feasibility or other special
(b) Provide planning surveys, site evaluations, or
comparative studies of prospective sites.
(c) Make measured drawings of existing construction
when required for¯ planning additions or alterations thereto.
8951211 syn 0070889
(d) Revise previously approved drawings, specifica-
tions or other documents to accomplish changes not initiated by
CONSULTANT.
(e) Provide consultation concerning replacement of
any work damaged by fire or other cause during construction, and
furnishing basic professional services of the type set forth in
this Agreement as may be .required in~onnection with the replace-
ment of such work.
(f) Provide professional services made necessary by
the default of the contractor in the performance of the
construction contract.
(g) Provide contract administration and observation
of construction after the contract time has been exceeded by more
than twenty percent (20%) through no fault of CONSULTANT.
(h) Provide services, other than the completion of
the Record Drawings and the related. Project close-out, after final
payment to the contractor.
(I) Provide services as an expert witness in
connection with any public hearing, arbitration proceeding, or
proceeding of a court of record.
(j) Provide services directly Lapplicable to the
preparation of environmental impact stu-dies and reports.
(k) Make detailed mill, shop, and/or laboratory
inspection of materials and equipment.
(li Furnish property, boundary, rights-of-way,
topographic and utility surveys, and related office computations
and drafting and surveying,
(m) Furnish field surveys, photogrammetry, and
field lay-outs of construction.
(n) Furnish special photography, models, printed
reports and additional copies of contract drawings and documents
above the number specified in this Agreement.
(o) Prepare applications and supporting documents
for governmental grants or advances for public works projects, and
implementing such grants or advances.
(p) Instruct CITY employees in the operation and
maintenance of newly installed equipment.
(q) Incur travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under Basic
Services of this Agreement.
9
951211 syn 0070889
(r) Prepare operation and maintenance manual.
(s) Perform any other services that may be agreed
upon by the parties subsequent to the execution of this Agreement.
4.3 GENERAL DUTIES OF CONSULTANT
4.3.1 CONSULTANT represents that it has the
expertise and professional qualifications to furnish the services
described under this Agreement. CONSULTANT further declares that
he and all of its subconsultants, if any, are licensed by the State
of California -tQ perform their services, if required, and that
these services will be performed by them or under their
supervision. CONSULTANT shal! furnish to CITY for approval, prior
to execution of this Agreement, a list of all firms or corporations
to be employed as subconsultants.
4.3.2 CONSULTANT states that it is aware of the
requirements of the federal Americans with Disabilities Act of
1990, and the Government Code and the Health and Safety Code of the
State of California, relating to access to public buildings and
accommodations for disabled persons, and relating to facilities for
disabled persons. CONSULTANT shall comply with or ensure by its
advice that compliance with such provisions will be effected
pursuant to the terms of this Agreement.
4.3.3 CONSULTANT at no extra cost to CITY shallpreparein the contract documents alternative bid items, in
addition to base bid items, in compliance with Section 6 hereof.
4.3.4 CITY reserves the right to retain theservices of a construction cost CONSULTANT to prepare estimates of
cost independent of those prepared by CONSULTANT during each phase
of design. CONSULTANT shall meet with the construction cost
CONSULTANT and CITY representatives to resolve major differences in
their respective estimates.
4.3.5 CONSULTANT shall furnish CITY with everyreasonable opportunity for CITY to ascertain that the services of
CONSULTANT are being performed in accordance with the requirements
and intentions of this Agreement.
SECTION5 DUTIES OF CITY
5.1 CITY shall provide full information regarding its
requirements for the Project.
5.2 CITY shall examine documents submitted, by CONSULTANT
and shall render decisions pertaining thereto promptly, to avoid
unreasonable delay in the progress of CONSULTANT’S work.
5.3 CITY shall furnish a land survey of the site
including, as applicable, grades and lines of streets, alleys,
pavements and adjoining property; rights of way, restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and
I0
951211 ~yn~70889
contours of the site; locations, dimensions and complete data
pertaining to existing buildings, other improvements~ and trees;
and known information concerning available service and utility
lines both public and private, above and below grade, including
inverts and depths and relative elevations of existing improvements
as may be required.
5.4 CITY shall furnish environmental, structural,
mechanical and other laboratory test~, inspections and reports as
required by law or by the contract documents.
5.5 CITY shall furnish such legal, accounting and
insurance counseling services as may be necessary for the Project,
and such auditing services as may be required to ascertain how or
for what purposes the contractor has used the-omoneys, paid to it
under the construction contract.
5.6 The services, information,~ surveys and reports
required by paragraphs 5.1 and 5.3 through 5.5 inclusive shall be
furnished at CITY’S expense, and CONSULTANT shall be entitled to
rely upon th~ accuracy thereof. ~
5.7 If cITY observes or otherwise becomes aware of any
fault or defect in the Project or nonconformance with the contract
documents, CITY to the extent it is feasible to do so shall give
prompt written notice thereof to CONSULTANT.
5.8 CITY shall require the contractor’s liability
insurer to indemnify and defend CONSULT-ANT and his consultants, as
the CITY’S representative, as~ provided for in the. contract
documents. CITY shall cause the contractor to purchase and
maintain Builder’s Risk Insurance in an amount equal to 100% of the
Contract Sum, protecting the CITY and holding the--CITY, and~
CONSULTANT and his subconsultants,~ as the CITY’S representative,
harmless against all claims, and waiving rights of recovery under
terms of this requirement. ~..
SECTION 6 -EXCESS ESTIMATED CONSTRUCTION COST AND BID
6.1 BIDS IN EXCESS OF FINAL ESTIMATE OF CONSTRUCTION
COST
If the lowest responsible bid for the Project received by
CiTY exceeds one hundred ten percent (110%) .of the amount of the-
approved final detailed estimate of construction cost, CITY shall
(a) give written approval of an increase in such fixed limit, ~r
(b) authorize rebidding of the Project within a reasonable time, or
(c) cooperate in revising the Project scope and quality as required
to reduce the construction cost. In the case of .(c), CONSULTANT,
without additional charge, shall modify the drawings- and
specifications as necessary to bring the construction cost within
the fixed limit. The providing of this service shall be the limit
of CONSULTANT’S responsibility in this regard, and having done so,
CONSULTANT shall be entitled to its fees in accordance with Section
7 of this Agreement.
Ii
951211 ~n~70889
6.2 FIXED MAXIMIIM LIMITOF CONSTRUCTION COST
When a fixed maximum limit of construction cost is
established as a condition of this Agreement, pursuant to
subparagraph (c) of paragraph 6.1, CONSULTANT shall be permitted to
determine, with approval of the Project Manager, the materials,
equipment, component systems, .and typ~s of construction which are
to be included in the contract documents to bring the Project cost
within the amount of the fixed limit; however, at all times
hereunder, the principles of value engineering shall be adhered to.
CONSULTANT also may make adjustments in the scope of the Project
and include in the contract documents alternate bids to adjust the
construction costs to the fixed limit, all with the express prior
approval of the Project Manager.
6.3 CONSTRUCTION COST ESTIMATE
The statements of probable construction cost and detailed
final estimate of construction cost prepared by CONSULTANT
represent it~ best judgment as a design professional familiar with
the construction industry. It is recognized, however, that neither
CONSULTANT nor CITY has any control over the cost of labor,
materials- or equipment, over the contractors’ methods of
determining bid prices, or over competitive bidding or market
conditions. Accordingly, CONSULTANT cannot and does not guarantee
that bids will not vary from any statement of probable construction
cost or other cost estimate prepared by him.
SECTION 7 PAYMENT
Payment shall be made by CITY only for services rendered
and within thirty (30) days of submission in triplicate of monthly
progress payment requests. Each invoice shall be itemized as to
the type of payment described in this .section.
7.1 CONSULTANT’S FEES
In consideration for the full performance of the Basic
Services and Reimbursable Expenses described in Sections 4 and 7 of
this Agreement, CITY agrees to pay CONSULTANT a fee ngt to exceed
thirty-six thousand eight hundred ninety dollars ($36,890) for the
Design Stage and eighteen thousand three hundred sixty
dollars(S20,360) for the Construction Stage, for a total contract
price of fifty-seven thousand two hundred fifty dollars ($57,250).
The amount of CONSULTANT’S compensation shall be
calculated as set forth in Exhibit "B", entitled "Rate Schedule,"
attached hereto and made a. part hereof by this reference, on a time
and materials basis, up to the maximum amount set forth in-this
paragraph 7.1.
7.1.1 Subconsultants. Fees for subconsultants,hired directly by CONSULTANT, shall be approved by CITY in advance.
of incurring such fees.
12
95~! ~n0070~9
7.1.2 For Additional Services. For CONSULTANT’S
additional.services, as described in Section 4 of this Agreement,
compensation shall be as prescribed in Exhibit B but shall not
exceed five thousand dollars ($5,000).
7.1.3 For Extra Work or Changes. Payment for
extra work or changes in the work not initiated by CONSULTANT and
authorized in writing by the Project,Manager shall be made within
thirty (30) days of submission by CONSULTANT of a statement in
triplicate of itemized ’costs covering such work. Prior to
commencing such extra work or changes, CONSULTANT and CITY shall
agree upon an estimated not-to-exceed cost for such extra work. In
no event shall CONSULTANT be paid for design work or change order
preparation which is necessary because of CONSULTANT’S errors or
oversights.
7.1.4 Calculation of Direct Personnel Expense.
Direct personnel expense of employees engaged on the Project by
CONSULTANT shall include only_the work of architects, engineers,
designers, j.ob captains, draftspersons, specification writers and
typists, in consultation, research and design, in producing
drawings, specifications and other documents pertaining to the
Project~ and in services during construction at the site. Included
in the cost of direct personnel expense of these employees are
salaries and mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays and vacations,
pensions and similar benefits.
7.1.5 Reimbursable Expenses.ReimbursableExpenses under the Agreement shall not exceed two thousand one
hundred dollars ($2,100). Reimbursable Expenses are in addition to
the compensation for Basic and Additional Services and include
actual expenditures made by CONSULTANT, its employees, or its
professional consultants in the interest of the Project for
expenses listed in the following paragraphs:
(a) Expense in connection with the Project for
long distance telephone calls and telegrams and fees paid for
securing approval of authorities having jurisdiction over the’
Project.
(b) Expense of reproduction, graphics, postage
and handling of drawings and specifications, except for those
required to be furnished by CONSULTANT in Section 4 and for use in
CONSULTANT’S office.
(c) Only if authorized in advance in writing
by CITY, expense of overtime work requiring higher than regular
rates, expense of renderings or models for CITY’S use, and expense
of computer time when used in connection with Additional Services
under Section 4.
13
951211 syn 0070B~9
7.2 PAYMENT SCHEDULE
7.2.1 For Basic Services. Payments for Basic
Services shall be made monthly in progress payments in proportion
to the services performed for each Stage. The final progress
payment shall be made by CITY after CONSULTANT has submitted all
required Record Drawings and reports.
7.2.2 For Additional Services. Payments for
Additional Services of CONSULTANT as defined in Section 4 shall be
made as part of the monthly progress payments for services
rendered.
7.2.3 For Reimbursable Expenses. payments for
Reimbursable Expenses of CONSULTANT shall-be made as part of the
monthly progress payments for services rendered.
7.2.4 Deductions. No deductions shall be made
from CONSULTANT’S compensation on account of penalties, liquidated
damages, or.other sums withheld from payments to contractors.
7.2.5~ Payment Upon Suspension or Abandonment of
Project. If the Project is suspended for more than three months or
abandoned, in whole or in part, CONSULTANT shall be paid its
compensation for services performed prior to receipt of written
notice from CITY of such suspension or abandonment, together with
additional and reimbursable expenses then due. i If the Project is
resumed after being suspended for more than o~le hundred twenty
(120) days, any change in CONSULTANT’S compensation shall be subject
to renegotiation and, if necessary, approval by the Palo Alto City
Council (the "City Council"). If this Agreement is suspended or
terminated for fault of CONSULTANT, CITY shall be obligated to-
compensate CONSULTANT only for that portion of CONSULTANT’S services
which areof benefit to CITY, as such determination may be made by
the City Manager in the reasonable exercise of his or her
discretion.
SECTION 8 -PROGRESS AND COMPLETION
8.~i TERM OF AGREEMENT; TIME IS OF THE ESSENCE
The term of this Agreement shall commence upon its
execution by CITY.The Design Development Phase of the work shall
start immediately upon receipt by CONSULTANT of a Notice to
Proceed. Work on each successive phase of service as specified in
Section 4 of this Agreement shall proceed sequentially by stages
and phases upon CITY’S written notification, thereof and, until
receiving such notification, CONSULTANT shall notproceed with any
subsequent item of service. The parties hereto agree that time is
of the essence of this Agreement. This Agreement shall terminate
upon final completion and acceptance by the CITY of the
construction project or as directed by the Engineer.
14
951211 syn~70889
8.2 TIME OF COMPLETION OF EACH PHASE
CONSULTANT agrees to perform the phased services within
the time limits set forth under the time schedule in Exhibit A
provided, however, that any change in the scope of services, or
delays not caused by the CONSULTANT, may require a revised time
table.
The Construction Stage, if’any, shall be dependant upon
the length of the contraci, but in no event shall CONSULTANT submit
Record Drawings later than ten (I0) working days after completion
of construction work, as determined in writing by the Project
Manager.
CITY agrees to exercise due diligence in performing~its
tasks to implement CITY’S time table provided under Exhibit A.
8.3 CITY’S REVIEW AND APPROVAL
Between-each phase of work there shall exist a review and
approval period by CITY. CITY shall exercise due diligence to
complete these tasks; however, it is recognized that the
interrelated exchange of information among CITY’S various
departments makes it impossible to set a specific time schedule.
Normally, C!TY’S estimated period of review and approval will be
.furnished to CONSULTANT at the time of submission of each phase of
the work if it isdifferent than outlined in the attached schedule
(see Exhibit A).
8.4 EXTENSION OF TIME OF COMPLETION
In the’event the services called for under this Agreement
are not COmpleted by CONSULTANT within the time specified, CITY
shall have the option to extend the time of completion. This
paragraph does not preclude the recovery of damages for delay of
either party.
SECTION 9 -CHANGES IN WORK
CITY may order major changes in scope or character of
work, either decreasing or increasing the amount of CONSULTANT’S
services. In the event that such changes are ordered, CONSULTANT
shall be entitled to full compensation for all work performed prior
to receipt of-notice of change. Increased compensation for major
changes shall be determined in accordance with Section 7 of the
Agreement, but in-no, event shall CITY be liable for. payment unless
the amount of such .extra compensation shall first have been agreed
to in writing by CITYo
In the event that major changes are ordered pursuant to
this section,-the schedule for progress and completion in Section
8 of~ this Agreement, and compensation under Section 7 of this
Agreement, shall be adjusted by negotiation between CONSULTANT and
CITY, subject to approval, if necessary, by the City Council.
951211 syn 0070889 .15
SECTION I0 TERMINATION OR SUSPENSION OF AGREEMENT
I0.I CANCELLATION BY CONSULTANT
CONSULTANT may terminate this, Agreement Or suspend work
on the Project by providing thirty (30) days’ written notice
thereof to CITY, but only in the event of substantial failure of
performance by CITY or in the event CITY abandons or indefinitely
postpones the Project.
10.2 CANCELLATION BY CITY
Without limitation to such rights or remedies as CITY
shall otherwise have by law, CITY may terminate this Agreement or
suspend work on the Project with or without cause, by providing
fifteen (15) days’ written notice thereof to CONSULTANT, or
immediately after submission to CITY by CONSULTANT of any completed
item of service specified in Section 4 of this Agreement.
CONSULTANT agrees to cease all work under this ~greement upon
receipt of said written notice.
10.3 COMPENSATION OF CONSULTANT
TERMINATION OF THIS AGREEMENT
IN THE EVENT OF
In the event of termination of this .Agreement or
suspension of work on the Project by either CITY or CONSULTANT as
provided herein,’UONSULTANT shall receive compensation Ks follows:
(a) For approved items Of service under Section4
of this Agreement, compensation shall be in the amount outlined
under Section 7 of this Agreement for the items of service fully
performed by CONSULTANT.
(b) For items of service on which a Notice to
Proceed has been issued by CITY, but which have not been fully
completed and approved, CONSULTANT -shall be compensated for the
items of service in an amount which bears the same.ratio to the
total fee otherwise payable for the performance of the service as
the service actually rendered bears to the total service necessary
for the full performance of the item of service.
(c) In no event shall the total compensation paid
in .the immediately preceding Paragraphs ~exceed the payment
specified in Section 7 for the respective items of service to be
furnished by CONSULTANT.
(d) Notwithstanding anything, in the preceding
paragraphs, upon termination for fa~ult of CONSULTANT, CITY shall be
obligated to pay for only that portion of the service, which can be
incorporated in the Project.
10.4 DUTIES OF CITY AND CONSULTANT
Upon termination of this Agreement or suspension.of workon the Project by either CITY or CONSULTANT, as provided herein,
16
951211 syria70889
all duties of CITY and CONSULTANT, as set forth in Sections 4 and
5 hereinabove, shall terminate.
SECTION Ii - CONSULTANT’SACCOUNTING RECORDS
Records of the following expenses, pertaining to the
Project shall be kept by CONSULTANT in accordance with generally
recognized accounting principles and,shall be made available tO
CITY at mutually convenient times during the term of this Agreement
and for three (3) yeags following the termination of this
Agreement:
expenses.
Agreement).
(a) Direct personnel expenses, including CONSULTANT
(See Section 7 of this Agreement.)
(b). Reimbursableexpenses. (See Section 7 of this
(c) Expenses pertaining to Additional Services.
(See Section.7 of this Agreement.)
SECTION 12 -OWNERSHIP OF ,DOCUMENTS
12.1 OWNERSHIP OF ORIGINAL DOCUMENTS
Subject to the provisionsof Paragraph 12.2 below, theoriginal drawings, maps, plans, designs, records of survey, work
data, specifications, and any other documents prepared by
CONSULTANT in the performance of this Agreement, although instru-
ments of professional service, are and shall be the property of
CITY whether the work for which they are made is performed or not.
’12.2 TRANSFER TO CItY
Upon termination under Section I0 of this Agreement and
upon CITY’S payment of the amount required to be paid under same
section, the originals and all drawings, .calculations,
specifications and any similar documents shall become the property
of CITy., and CONSULTANT shall’transfer them to CITY, upon request,
without addition~l compensation. CITY shall have the right to
utilize any completed or uncompleted drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSULTANT.
SECTION 13
INDEPENDENT OF CITY
INTEREST OF CONSULTANT;CONSULTANT
In accepting this Agreement, CONSULTANT covenants that it
presently has no interest, and shall not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in
any manner or degree with the performance of the services
hereunder. CONSULTANT further covenants that, in the performance
of this Agreement, no subcontractor or person having such an
interest shall be employed. CONSULTANT certifies that no one who
17951211 syn 00~/0889
has or will have any financial interest under this Agreement is an
officer or employee of CITY.
It is expressly agreed that in the performance of the
professional services required under this Agreement CONSULTANT, and
any of its subconsultants or employees, shall at all times be
considered independent contractors and not agents or employees of
CITY. ’
SECTION 14 OUTSIDE CONSULTANTS
CONSULTANT shall be responsible for employing all outside
consultants (subconsultants) necessary to aid CONSULTANT in the
performance of the services listed in Section 4 of this Agreement;
provided, however, that all such subconsultants shall receive prior
approval of CITY in writing and shall remain acceptable to CITY
during the term of this Agreement.
SECTION 15 -INDEMNITY
CONSULTANT agrees to protect, inde~mnify, defend and hold
harmless CITY, its Council members, officers, agents, and employees
from any and all claims, demands or liability of any nature,
including death or injury.to any person, property damage or any
loss, caused by or arising out of CONSULTANT’S, its officers’,
agents’, subconsultants’ or employees’ negligent acts, errors or
omissions, or willful misconduct, or conduct for which the law may
impose strict liability on CONSULTANT. in the performance of or
failure to perform its obligations under this Agreement:
SECTION 16 -INSURANCE
16.1 INSURANCE COVERAGE
CONSULTANT, at its sole cost and expense, shall obtain
and maintain, in full force and effect throughout the entire term
of this Agreement, the insurance coverage described .in Exhibit "C"
to this Agreement, attached hereto and made a part hereof by this
reference, insuring not only CONSULTANT and its subcontractors, if
any, but also, with the exception of workers’ compensation,
employer’s liability and professional liability insurance, naming
as additional insures CITY, its Council members, officers, agents,
and employees, and each of them, concerning this Agreement and the
Project.
All insurance coverage required hereunder shall be
provided through carriers with a Best rating of A:X or higher that
are admitted to do business in the State of California. Any and
all subcontractors of CONSULTANT under this Agreement shall obtain
and maintain, in full force and effect throughout.the term of-this
Agreement, identical insurance coverage, with CITY named as
additional insured under such policies as required above.
18
951211 ~n~70889
16.2 EVIDENCE OF COVERAGE
Certificates of such insurance, preferably on the forms
provi~ ~d by CITY, shall be filed with CITY concUrrently with the
execu~ on of this Agreement. The certificates shall be subject to
the a[,proval of the Risk .Manager and shall contain an endorsement
stating that the insurance is primary coverage and will not be
cancelled or altered by the insurer without thirty (30) days’ prior
written notice to CITY of such cancel~ation or alteration, and that
the Ci’ty of Palo Alto is named as an additional insured except in
policies of workers’ compensation, employer’s’ liability, and
professional liability insurance. Current certificates of such
insurance shall be kept on file at all times during the term of
this Agreement with the City Clerk.
16.3 NO LIMIT OF LIABILITY
T~e procuring of such required policy or policies of
insurance shall not be construed to limit CONSULTANT’S liability
hereunder ~or to fulfill the indemnification provision and
requirements of this Agreement under- Section 15 hereof.
Notwithstanding said. policy or policies of insurance, CONTRACTOR
shall be obligated for the full and total amount of any damage,
injury, or loss caused by the services performed under this
Agreement, including after the Agreement has terminated or expired.
SECTION 17 WORKERS’ COMPENSATION
CONSULTANT, by executing this Agreement, certifies that
it is aware of the provisions of the Labor Code of the State of
California which require every employer to be insured against
liability for wor~ers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions before commencing the
performance of the work under this Agreement.
SECTION 18 - CORRECTION OF ANY ERRORS, OMISSIONS, AND
AMBIGUITIES IN CONTRACT DOCUMENTS
Any errors, omissions, or ambiguities in the contract
documents prepared by CONSULTANT which are discovered before the
Project is invited for bid shall be corrected by CONSULTANT without
cost to CITY. CONSULTANT services required to make changes in
construction resulting from errors, omissions, or ambiguities in
the contract documents which are discovered after the contract is
awarded shal! be performed by CONSULTANT without cost to CITY only
insofar as they result in unnecessary or non-beneficial changes in
~construction.~ CONSULTANT services required to make changes in
construction resulting from errors, omissions, or ambiguities in
the contract documents which are discovered after the contract is
awarded shall be performed by CONSULTANT and shall be paid for by
CITY only insofar as they add a benefit to the construction work.
19
951211 syria70889
SECTION 19 AUDITS
CONSULTANT agrees to permit CITY to audit, at any
reasonable time during the term of this Agreement and for three (3)
years thereafter, CONSULTANT’S records pertaining to matters covered
by this Agreement~ CONSULTANT further agrees to maintain such
records for at least three (3) years after the termination of this
Agreement. ’
SECTION 20 - AGREEMENT BINDING
The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors,
administrators., assigns, and subcontractors, as the case may be, of
both parties.
SECTION 21 -NONASSIGNABILITY
21.1 PERSONAL SERVICES OF CONSULTANT
B~th parties hereto recognize that this Agreement is for
the personal services of CONSULTANT and cannot be transferred,
assigned, or subcontracted by CONSULTANT without the prior written
consent of CITY.
21.2 SERVICES OF SUBCONSULTANTS AND THEIR EMPLOYEES
CONSULTANT shall be responsible for employing or engaging
all persons necessary to perform the services of CONSULTANT
hereunder. No subconsultant of CONSULTANT will be recognized by
CITY as such; rather, all subconsultants redeemed to be employees
of CONSULTANT, and it agrees to be responsible for their
performance. CONSULTANT shall give its personal attention to the
fulfillment of the provisions of this Agreement by all of its
employees and subconsultants, if any, and shall keep the work under
its control. If any employee or subconsultant of CONSULTANT fails
or refuses to carry out the provisions of this Agreement or appears
to be incompetent or to act in a disorderly or improper manner, he
or she shall be discharged immediately from the work under this
Agreement on. demand of CITY.
SECTION 22 - RELIANCE UPON PROFESSIONAL SKILL OFCONSULTANT
It is mutually understood and agreed by and between the
parties hereto that CONSULTANT is skilled in the professional
calling necessary to perform the work agreed to be done hereunder
and that CITY relies upon the skill of CONSULTANT to do and perform
the work in the most skillful manner, and CONSULTANT agrees to thus
perform the work. The acceptance of CONSULTANT’S work by CITY-does
not operate as a release of CONSULTANT from the obligation.
20951211 ~yn~70889
SECTION 23 -NO IMPLIED WAIVER
No payment, partial payment, acceptance or partial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of its rights under this Agreement.
SECTION 24 WAIVERS
The waiver by either party o~ any breach or violation of
any term, covenant, or "condition of this Agreement or of any
provisions of any ordinance or law shall not be deemed to be a
waiver of such term, covenant, condition, ordinance or law or of
any subsequent breach or violation of the same or of any other
term, covenant, condition, ordinance or law. The subsequent
acceptance by either party of any fee or other money which may
become due hereunder shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any term,
covenant, or condition of this Agreement or of a~y applicable law
or ordinance.
SECTION 25 -COSTS AND ATTORNEYS’ FEES
The prevailing party in any action brought to enforce the
terms of this Agreement or arising out of this Agreement may
recover from the other party its reasonable costs and attorneys’
fees expended in connection with such an act±on from the other
party.
SECTION 26 -NONDISCRIMINATION; PENALTY
26.1 DUTY OF CONSULTANT
No discrimination shall be made in the employment of
persons under this Agreement because of the age, race, color,
national origin, ancestry, religion, disability, sexual preference,
or sexof such person. If the value of this Agreement is, or may
be, Five Thousand Dollars ($5,000) or more, CONSULTANT agrees to
meet all requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the
"Compliance Report--Nondiscrimination Provisions of City of Palo
Alto Contracts" on the form furnished by CITY and attached hereto
as Exhibit "D" and made a part hereof by this reference.
CONSULTANT agrees that each agreement for services
from independent providers shall contain a provision substantially
as follows:
"Provider shall provid~ CONSULTANT with a
.certificate stating that he (or she) is currently in
compliance with all Federal and State of California laws-
covering nondiscrimination in employment; that he (or
she) will-pursue an affirmative course of action as
required by the Affirmative Action Guidelines of the City
of Palo Alto; and that he (or she) will not discriminate
in the employment of any person under this contract
21
951211 syn~70889
because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or sex
of such person."
26.2 PENALTY FOR DISCRIMINATION
If CONSULTANT is found in violation of the
nondiscrimination provisions of the ’State of California Fair
Employment Practices Act or similar provisions of federal law or
executive order in the performance of this Agreement, it shall
thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the power to cancel or suspend this Agreement, in
whole or in part, or to deduct from the amount payable to
CONSULTANT. the sum of Twenty-five Dollars ($25) for each person for
each calendar day during which such person was discriminated
against, as damages for breach of contract, or both. 0nly a
finding of the .State of California Fair Employment Practices
Commission or the equivalent federal agency or officer shall
constitute evidence of a violation of contract under this section.
If CONSULTANT is found in violation of the
nondiscrimination provisions of this Agreement or the applicable
affirmative action guidelines pertaining to this Agreement,
CONSULTANT shall be found in material breach of this Agreement.
Thereupon CITY shall have the power to cancel or suspend this
Agreement, in whole or in part, or to deduct from the amount
payable to CONSULTANT the sum of Two Hundred Fifty Dollars ($250)
for each calendar day during which CONSULTANT is foundto have been
in suhh noncompliance as damages for breach of contract, or both.
SECTION 27 - ARBITRATION
Upon agreement of the parties any controversy or claim
arising out of or relating to this Agreement may be settled by
arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the arbitrators may be entered in any court having jurisdiction
thereof.
SECTION 28 -NOTICE~
All notices hereunder shall be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
Post Office Box 10250
Palo Alto, California 94303
To CONSULTANT:’Attention of the Project Director
at the address of CONTRACTOR recited
above
22
951211 syria70889
CALIFORNIA ALLoPURPOS,~ ACKNOWLEDGMENT
State of
personally appeared
Neme(s)
[] personally known to me - ORead"proved to me on the basis of satisfactoryevidence to be the persop.(-s’F
whose name(,sa-iS/~bscribed to the within instrument
and acknowledged to me that he/sbe, Lth,e~executed the
same in his~ authorized capacity(iee’)Tand that by
hisJ.herCtt’~r signatureJre)~n the instrument the persor.K-siT’,
or the entity upon behalf of which the person(~cted,
executed the instrument.
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached ~:~ocument .
,,,/’Document Date:" ,,",=~/~/,,~".d"---~ ~q’umber of Pages: ,,~
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
[] Individual
[] Corporate Officer
Title(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of thumb here
Signer’s Name:
[] Individual
[] Corporate Officer
Title(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of thumb here
1994 National Notary Association ¯ 8236 Remmet Ave,, P.O, Box 7184 ¯ Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
SECTION 29 -ALL COVENANTS ARE CONDITIONS
All provisions of this Agreement are. expressly made
conditions.
SECTION 30 - AGREEMENT. CONTAINS ALL UNDERSTANDINGS;
AMENDMENT
This document . represents the entire and integrated
agreement between CITY and CONSULTANT and supersedes all prior
negotiations, [epresentations, and agreements, either written or
oral.
This document may be amended only by written instrument,
signed by both CITY and CONSULTANT.
SECTION 31 - GOVERNING LAW
This Agreement shall be governed by the laws of the State
of California.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed
this Agreement the day and year first above written.
ATTEST:CITY OF PAL0 ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
City Manager
.iton F.
State License No. C4181
Taxpayer Identification No.
77-0047777
Deputy City Manager,
Administrative Services
Director of Public Works
Risk Manager
Attachments:
EXHIBIT ’ "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF PROJECT & TIME SCHEDULE
RATE SCHEDULE & PAYMENT SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
23
951211 syria70889
CERTIFICATE OF ACKNOWLED~NKENT
(Civil Code § 1189)
STATE OF )
)
COUNTY OF ~)
On , before me, the undersigned,
a notary public in and for said County, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their, authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) a~ted, executed the instrument.
WITNESS my hand and official seal.
24951211 syn 0070889
[]J MILTON F.JOHNSON ARCHITECT
EXHIBIT A-I
RS:City of Palo Alto - Rinconada Park Pools
Subj:Scope-of-design-work for renovation
~ - (Ba.sc Bid):
I. Engineering hydraulics calculations and pipe sizing and single line diagrams for replabqmg all
~L-’rtxt pool water recirculation lines from pools to mechanical room.
2. Engineering hydraulics calculations and select method to appropriately dispose of filter
backwash effluent to existing sanitary sewer to south of bathhouse..
3. EMs. ign new d~k drainage and collection system in conjunction with partial deck removal and
replacement, including resurfacing of entire pool deck areas and a~opriate expansion joints.
4. Redesign plumbing and fittings to connect new drinking fountains to meet current Code and
acca~ requirements.
5.Redesign surge!balance pit piping, and aeccssibility to isolation/balance valves and water
levelsensing systems.
6. Redesign piping and location of chemical probes for monitoring chemieal condition of each
pool.
7. Redesign existing public address system to mitigate neigttborhood complaints, including
acoustic evaluation of ~sed system changes.
8. Redesign perimeter deck coping at competition pool, including integral cantilevered deck,
deck inserts for stanchion anchors, take-off platforms, mandated deck depth markers and warning
signs, and new recessed deck hydrant boxes for l’mndicapped liR stations (2) access compliance,
9.Redesign ladder access to comply with Title 2g-Part II at competition pool.
10.Design an access ramp and handrailings to meet Sta~ and ADA requirements, at wading pool.
1 1. Provide design documents for a pool storage building for equipment and supplies stipulated
in tim City’s RFP.
12; Provide design documents for an addition to the existing Masters’/Palo Alto Swim Club
facilities for adult conditioning progi-ams (to be developed in cooperation with organizations
involved).
13. Specify installation of a flow switch (with magnetic interlock to the main recirculation pump)
to sense loss-of-flow in the reticulation System.
EXHIBIT A-I
Re: ~, P, inconada Park Pools (conL)Pag~ 2 -
~ (Add Alternates):
1. Provide design documents to del~e.~te substrate preparation for alternaterefinishing systems
for the pool re.surfacing.
2. Provide de.sign documents to delineate installation of an all new underwater light system for
competition pool meeting NEC 680 r~uh--cmen~.
3. Provide design documents for new elec~cal distribution system for a minimum of four (4)
new duplex outlets for pace clocks and other relatod timing devices l:movid~ by others.
4, Provide mechanical engineering evaluation of existing bathhouse ventilation system and
me, ommendafions to mitigate existing interior conditions,
5.Evaluate existing bathhouse floor drainage and provid~ design documents to mitigate lack of
6.Evaluam feasibility of installin g new me, tal, key-or-coin operated leck~a’s, and pmvi& ~i~
7. ,Evaluate the in.dent findings of the City’s hired geological consultant (to determine
subsurface soil & structural conditions under and surrounding the wading pool) and make
recommendations for correcting existing deficiencies of the out-of-level perimeter coping,perimeter roll-out gutter drain, including conceptuM estimates.
8. Specify ngw pool safe .ty/warning signs as required by County Environmental Health as listedfor this project.
9.Specify new labeling of existing exposed filtration #ping in the mechanical room, including
valvetagging and operating schematic lx-rmanendy wall mounted.
10. Provide mechanical engineering evaluation of existing ventilation system serving the on-
premise chlorine genexation equipment and makz rocomm~ndatiom for City review.
1 1. Provide design documents for enlarging the wading 130o1 recirculatl.on piping to increase the
[~Lr~ over rate to 4 hours.
MFJ: 11/22/95
EXHIBIT A-I
Consultant Construction Stage Tasks - Construction
Administration/Management
Consultant shall attend and prepare minutes to the pre
construction meeting with the contractor and staff.
Consultant shall attend ahd prepare minutes to the weekly
construction meetings for the duration of construction
(construction expected to last approximately 2 months).
Consultant shall review and process all contractor submittals.
Consultant shall assist the city in preparing contract field
orders, extra work authorizations, change orders, issue proposal
requests, respond to requests for information, monitor claims and
legal notices.
Consultant shall assist the city to review progress payment
invoices.
Consultant shall make periodic visits to the construction site as
necessary to observe the quality and quanti[y of work and to
observe the general conformance of the work to the contract
.specifications - consultant assumes that no more than two (2)
visits per week (one to two hours at the site per visit) will be
required (this includes weekly construction meeting).
Consultant shall prepare and maintain applicable construction
records, ie records O~ material tests, log of submittals, field
diary for all field visits, non-conformance reports and necessary
photo documentation.
Consultant shall assist the city with the necessary start-up,
testing and operation of all new mechanical/electrical
improvements.
Consultant shall assist the city during the substantial
completion and final inspection walkthroughs.
Consultant shall prepare record drawings from contractor’s field
copy for staff review and approval.
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-I
ARTICLE 7,1.0 COMPENSATION AND. METIqOD OF PAYMEb~_
A.Fee for Services:
The total contract amount shall be an amount no,t-to-exceed $54,350, which shall
include fees in the amount of.$52,250 for services and a tel mbursable expenses
allowance of $2,100, For services performed, the City shall pay the Consultant in
proportion to services rendered and approved. Total payments on account of the fee
for services at the completion and acceptance of each part or phase of services shall
not exceed the following percentages or sums of the contract amounts:
Category A Services:
a)Design Development
b)Construction Documen Ls
d)Construction
Total for Caiegory A Services
Ca.tegory B Services: ,
$ 7,600
$15,200
$ 4,140
a)Prdiminary Design $ 3,5 0 0
b)Construction Doot~ments $ 7,0 0 0
0)Bid $ 700
d)Construction ~
Total Category B Services $ ! 3,7 5 0
Consultant’s Hourly Rate Schedule (in whole dollars): Rates shall be fixed for the
duration of this Agreement or as otherwise determined by the parties hereto.
Principal $115
Project Manager $ 75
Technician $ 45
Clerical $ 35
[][] MILTON F.JOHNSON
EXHIBIT B
ARCHITECT
COMPENSATION SCHEDULE: 1995’
Classification
Principal
Associates and Projects Manager
Draftsmen : Senior
-Intermediate
-Junior
Clerical
Engineering Consultants -Mechanical
-Electrical
Reproduction/Duplication
Miscellaneous Direct Costs Incurred
in performance of the work (i.e.,
specification typists, artist, etc.)
Travel Expenses:
Public C .artier
Private Aircraft
Private Automobile
Lodging
Conmaunication Expenses:
Teleph0ne!Telegraph/FAX
Poslage/Fteight/Delivery Service
Charge Rate
$115.00
$75.00
$60.00
$45.00
$35.00
$45.00
$65.00
$85.00
Cost + 20%
Cost + 20%
Direct Cost
Direct Cost ~
$.37 per mile
Direct Cost
Direct Cost
Direct Cost
MFJ:bj
1/2/95~Res. 10/95
81 HA~BERN WAY
HOLLISTER, CALIFORNIA 95023
408/637-38’10
EXHIBIT B ~
~(cont.)
Sub-Consultants and/or Other Categories: Rates shall be fixed for the duration of this
Agreement or as otherwise determine~d by the p~’~:i~s hereto.
C.Consultant’s additional fees ~vith its Sub-Consultan. -ts, for additional services rendered
on the Project, shall be as follows:
Fred E. Hawley, Mechanical Engineer
Richard Trainer, Ele~trica! Engineer
C. H~-Wells Associates, Structural Engineers
Kirby ~liller, Acoustic Consultant
-0-
$65.00
$85.00
$75.00
$1oo.oo
r~- NUMBER OF PAGES (including Cover).
EXHIBIT C
general endorsement
~~~ate aul:omobile association inter.insurence bureau
150 van hess avenue ¯ p.o. box 1860 0 san francisco, CA 94101
Named Insured:
MILTON JOHNSON
P.O, BOX 2227
HOLLISTER, CA.95023
policy is hereby amended only with respect to such and ~o many of the changes as are indicated in tl~e Schedule of Changes.
hedule of Changes - It is understood and agreed that the:
Additionallnsured-BodilylnJuryandProperty DamageLiabilil¥-is CZTV__.O£_~ALO. ALTO~;AC~LZ~$.MANA~NENT_AT~N:
PA~ .STOVE PO BOX 10150.,PALO..ALTO~.CA= .~U~ ONL~ I~HILK-A-~£~CLE.DKSCRI3F, D-IN-~E.DECLARATION
~NNDOMF~~K~,FORMZNC PART.OF.2~E POLICY-IS B~ING-OPERATED
NAMED INSURED ~N-THE-.COURSEAND SCOBE,-~--HIS--BUSI-NES~;- ...................................... :
Prior to cancellation by the Bureau o~ the Insured - ten (10) days notice in writing will be given to: CZ-T~..OF..PALe
FACILITIES MANAGEMKNT--ATTN~-.PAT-.S~OVE.. P.O.--BOX"I025~--.PAL{)-.-ALT{>i-C~%; ...........................
Policy poriod is from tO
Comprehensive and Collision are extended to cover ...........................Cost $ ...................................Item # .....Other Changes
)4 IREV.~-eol
De¢-04-95 23 : 04
~I 0 V -- 3 0-- 9 ~ ,T H U 7 ." 4 7 M T I I N ~
ECHIBiT C
CQMP~ AFFO]~DING COVERAGE: Iasuranc~ Co of Evansion
~ November 30, 1995
LO~ATION O1~ OPERATION:
POI.ICY NIJMBER: BGLl12895
EFFEC’flVE DATE/EXPIKATION DATE: 11,’2P,/95 TO 11/~K/96
GIr.NERAL LIARILiI’Y
{ I col~;ac~ O’rg,’Eit~d, i.~tU’t~
KDr, moJ’~M. ~: The Certifieats hold~ i~ named ~ an Additional Insured with respects to th~ insur¢o’s operations being
~x, nd~cted on the locatior~ named above. Abo the Certificate holder is added with ~speeb to liabLbD,, as’~ntt out of the ownership,
maintenance: or use ofth~ premises ~d by the n~rned insured
f~c~.~nmo~A~ ~stm~p~
f.AM_.LT/.!~_~Q~ SHOUbD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELI,ED BEFORE THE EXPIRATION
DATE , THEREOF, THE ISSUING COMPANY WII,L ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE
CERT1FICtKTE HOLDER NAMED TO THE BOTTOM, BUT FAIUO1KE TO MAIL SUCH NOTICE SHAI,L IMPOSE NO
OBL1GAT/ON OR LIABILrlT OFANY KIND UPON THE COMPANY, ITS AGLC’N2~ OR REPRESENTATIVES.
CITY OF PAJI)ALTO
FACILITIES M.ANAGEHENT ATTN:
P O BOX 10~:,0
PAIjO ALTO, CA., 93~109
]’AT STONE
?, !
CERTIFICATION of NONDISCRIMINATION SECTION 410
¯" ’~ As suppliers of goods o’r services to the Cizy of Palo Alto,
the firm ~nd individuals listed below cettlfibs that they do not discriminate ~n emoIoyment with
reoards to age, race. color, religion, sex, national origin, ancestry, disability, or sexual
preference; that they ate in compliance with all Federal, State and local directive= and
executive orders regarding nondiscrimination in employment; end that they agree to
demonstrate positively and aggressively the principle of equal ODpOrtun~t¥ in employment.
The Bidder agrees specifically:
1.0 To e~abllsh ot observe employment policies which affirmatively promote
opportunities for minority persons at all iob levels.
2,0 To om-muni¢~te this policy tO all persons concerned, including ell employees,
outsld~ recruiting services, especially those serving m~nority commun~tles, and
to the minoriw communities at larg~.
3,0 TO take affirmative act=on step~ to hire minority employees within the
organization.
’4.0 To be knowledgeable cf the local, ~tate, and federal laws and regulations
concerning affirmative action policles and ~rovide ol~portunides for eml~loyeas.
Signature ~ ,
Please include" any additional informa~rion available regarding equal Ol~portunity employment
~rogram~ now in effect within ¥ou~ company.
END OF SECTION
ALTO. Non-diacri~lion ,SECTION 410-1
AMENDMENT NO. ONE TO CONTRACT NO. C6081168
BETWEEN THE CITY OF PALO ALTO AND
MILTON F. JOHNSON, ARCHITECT
This Amendment No.One to Contract No. C6081168
("Contract") is entered into , by and between
the CITY OF PALO ALTO, a chartered city and a municipal corporation
of the State of California ("CITY~), and MILTON F. JOHNSON,
ARCHITECT, a sole proprietor, located at 81 Harbern Way, Hollister,
CA 95023 ("CONSULTANT").
RECITALS:
WHEREAS, the Contract was entered_ into between the
parties for the provision of design and construction and
administration services for the Rinconada Pool Improvements
Project; and
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration Of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
SECTION I.Section 7 is hereby amended to read as
follows:
"SECTION 7 - PAYMENT
Payment shall be made by CITY only for services
rendered and within thirty (30) days of submission in
triplicate of monthly progress payment requests. Each
invoice shall be itemized as to the type of payment
described in this section.
7.1 CONSULTANT’S FEES
In consideration .for the full performance of the
Basic Services and Reimbursable Expenses described in
Sections 4 and 7 of this Agreement, CITY agrees to pay
CONSULTANT a fee not to exceed ninety-seven thousand one
hundred eighteen dollars ($97,118) for the Design
Development, Construction Documents, Bid Phase support
and Construction Administration.
The amount of CONSULTANT’S compensation Shall be
calculated as set forth in this paragraph 7.1.
7.1.1 Subconsultants. Fees for subconsultants,
hired directly by CONSULTANT, shall be approved by CITY
in advance of incurring such fees.
7.1.2 For Additional Services. For CONSULTANT’S
additional services, as described in Section 4 of this
970905 syn 0071276
Agreement, compensation shall be as prescribed in Exhibit
B but shall not exceed~nine thousand dollars ($9,000).
7.1.3 For Extra Work or Chanqes. Payment for
extra work or changes in the work not initiated by
CONSULTANT and authorized in writing by the Project
Manager shall be made within thirty (30) days of
submission by CONSULTANT of a statement in triplicate of
itemized costs covering such work. Prior to commencing
such extra work or changes, CONSULTANT and CITY shall
agree upon an estimated not-to-exceed cost for such extra
work. In no event shall CONSULTANT be paid for design
work or change order preparation which is necessary
because of CONSULTANT’S errors or oversights.
7.1.4 Calculation of Direct Personnel Expense.
Direct personnel expense of employees engaged on the
Project by CONSULTANT shall include only the work of
architects, engineers, designers, job captains,
draftspersons, specification writers and typists, in
consultation, research and design, in producing drawings,
specifications -and other documents pertaining to the
Project, and in services during construction at the site.
Included in the cost of direct personnel expense of these
employees are salaries and mandatory and customary
benefits such as statutory employee benefits, insurance,
sick leave, holidays and vacations, pensions and similar
benefits.
7.1.5 Reimbursable Expenses. Reimbursable
Expenses under the Agreement shall not exceed three
thousand two hundred dollars ($3,200). Reimbursable
Expenses are in addition to the compensation for Basic
and Additional Services and include actual expenditures
made by CONSULTANT, its employees, or its professional
consultants in the interest of the Project for expenses
listed in the following paragraphs:
(a) Expense in connection with the Project for
long distance telephone calls and telegrams and fees paid
for securing approval of authorities having jurisdict&on
over the Project.
(b) Expense of reproduction, graphics, postage
and handling of drawings and specifications, except for
those required to befurnished by CONSULTANT in Section
4 and for use in CONSULTANT’S office.
(c) Only if authorized in advance in writing
by CITY, expense of overtime work requiring higher than
regular rates, expense of renderings or models for CITY’S
use, and expense of computer time when used in connection
with Additional Services under Section 4.
970905 syn 0071276
7.2 PAYMENT SCHEDULE
7.2.1 For Basic Services. Payments fo~ Basic
Services shall be made monthly in progress payments in
proportion to the services perforated for each Stage. The
final progress payment shall be made by CITY after
CONSULTANT has submitted all required Record Drawings and
reports.
7.2.2 For Additional Services. -Payments for
Additional Services of CONSULTANT as- defined in Section
4 shall be made as part of the monthly progress payments
for services rendered.
7.2.3 ForReimbursable Expenses.-_Payments for
Reimbursable Expenses of CONSULTANTshall be made as part
of the monthly progress payments for services-rendered.
7.2.4 Deductions. No deductions shall be made
from CONSULTANT’S compensation on account of penalties,
liquidated damages, or other sums withheld from payments
to contractors. ~
7.2.5 Payment Upon S~spension or Abandonment of
Project. If the Project is suspended for more than three
months or abandoned, in whole or in part, CONSULTANT
shall be paid its compensation for services performed
prior to receipt of written notice from CITY of such
suspension or abandonment, together with additional and
reimbursable expenses then due. If the Project is
resumed after being suspended for more than one hundred
twenty (120) days, any change in CONSULTANT’S
compensation shall be subject to renegotiation and, if
necessary, approval by the Palo Alto City Council (the
"City Council"). If this Agreement is suspended or
terminated for fault of CONSULTANT, -CITY shall be
obligated ~to compensate CONSULTANT only for that portion
of CONSULTANT’S. services which are of benefit to CITY, as
such determfnationmay be made by the City Manager in the
reasonable exercise of his or her discretion."
SECTION 2. The following exhibits to the Contract are
hereby amended to read as set forZ~ in the attachment to this
Amendment, which is incorporated in full by this reference:
Exhibit "A" entitled "Scope of Project and time
Schedule."
Exhibit "B" entitled "Payment Schedule."
Exhibit "C" entitled "Insurance Certificates."
SECTION 3. Except as herein modified, all other
provisions of the Contract, including any exhibits, and subsequent
amendments thereto, shall remain in full force and effect.
970905 syn 0071276
.3
IN WITNESS WHEREOF, the parties have by their duly
authorized representatives executed this Amendment on the date
first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
City Manager
Mayor
State License No. C4181
Taxpayer I.D. No. 77-0047777
Director of Public Works
Acting Director of
Administrative Services
Risk Manager
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
SCOPE OF SERVICES
PAYMENT SCHEDULE
INSURANCE CERTIFICATES
970905 syn 0071276
4
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
California
San Benito
)
)
)
On September i0, [997 , before me, the undersigned, a
notary public in and ~-o{ Raid County,personally appeared
***Milton F. Johnson***,~~~~XXX~Z~XX~ (or proved to me on the basis of
satisfactory evidence) to be the person(~ whose name(~
~scribed to the within instrument, an.d~cknowledged to me that
y executed the s am:~e in i~he~/their authorized
capacity (~, and that by i~_~9~7~eA~r signature ~ on the
instrument the person(~, or the entity upon behalf of which the
person(~ acted, executed the instrument.
WITNESS my hand and official seal.
ublic
970905 syn 0071276
Exhibit A: Scope of project and time schedule
City of Palo Alto: Rinconada Pool
Consultant shall provide all design and engineering services for the renovation of the adult pool,
pool building and grounds, and construction of a new building and-children’s pool at the
Rinconada site, 777 Embarcadero Road, for the City of Yalo Alto. The scope of work includes
renovations to the existing pool house, deck, adult pool, mechanical and electrical systems, and a
new children’s pool, office and storage structure. The existing children’s pool will be replaced in
approximately the same location, with a pool of approximately the same size and shape.
Services provided by the Consultant shall meet or exceed all laws, codes, and regulations
pertaining to a public competition pool and shall include the following:
1. Engineering hydraulics calculations and pipe sizing and single line diagrams for replacing all
filtered pool water recirculation lines from both pools to mechanical room.
2. Select method to appropriately dispose of filter backwash effluent to existing sanitary sewer
to south of bathhouse and provide engineering hydraulics calculations.
3. Design new deck drainage and collection system in conjunction with deck removal and
replacement, including appropriate expansion joints.
4. Redesign plumbing and fittings to connect new drinking foumain ~o meet current code and
access requirements.
5. Redesign existing surge/balance pit piping, and accessibility to isolation/balance valves and
water level s~ensing systems.
6. Redesign piping and location of chemical probe.s for monitoring chemical condition of each
pool.
7. Redesign existing public address system to rfiitigate neighborhood complaints, including
acoustic evaluation of proposed system changes.
8.- Redesign perimeter deck coping at competition pool~ including integral rimflow gutter, deck
inserts for stanchion anchors, take-off platforms and diving stands, mandated deck depth markers
and warning signs, and new recessed deck hydrant boxes for handicapped lift stations access
compliance.
9. Redesign ladder access to comply with Title 24 Part II at competition p0ol.
10. Design new children’s pool including all plans for demolition, all necessary soil work,
accessible design, all required mechanical and electrical systems, upgrade all piping and
equipment to meet or exceed all current Federal, State, County, and City codes, laws, and
requirements.
11. Provide all. required design documents for construction of an office/pool storage building for
equipment and supplies. Work with community groups for inpfit as necessary.
12. Specify installation of a flow switch (with magnetic interlock to the main recirculation pump
to sense loss-of-flow in the recirculation system),
13. Provide design documents to delineate substrate preparation and refinishing systems for the
pool resurfacing.
14. Provide design documents to delineate installation of an all new underwater light system for
competition pool meeting NEC requirements.
15. Provide design documents for new on-deck electrical distribution system for a minimum of
four (4) ne~v duplex outlets for pace clocks and other related timing devices provided by others.
16. Provide mechanicaI engineering evaluation of existing bathhouse ventilation system and
recommendations to mitigate existing interior conditions. Provide design documents for selected
ventilation impro.vements.
17. Evaluate existing bathhouse floor drainage and provide design documents to mitigate lack of
slope and water disposall . -.
18. Evaluate feasibility of installing new metal, key or coin operated lockers, and provide design
documents for their installation. -
19. Evaluate th( independent findings of the City’s hired geological consultant to determine
subsurface soil and structural conditions under and surrounding the children’s pool and make
recommendations for correcting existing deficiencies including conceptual estimates.
20. Specify new pool safety/warning signs as required by County Environmental Health as listed
for this project.
21. Specify new labeling of existing exposed filtration piping in the mechanical room, including
valve tagging and operating schematic permanently wall mounted.
22. Provide mechanical engineering evaluation of existing ventilation system serving the on-
premise chlorine generatiQn equipment and make recommendations for City review.
23. Provide design document~ fdr enlarging the children’s pool recirculation piping to increase
the turnover rate to 4 hour maximum.
24. Evaluate the existing chlorination and filtration systems for expansion to service the new
children’s pool. Make recommendations on modifications of system or new systems to be
CONFERS NO RIGHTS UPON THE THIII CERTIFICATE
POLICIES BELOW.
COMPANIES AFII:ORDI~IG COVBtAGE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER
THE COVERAGE AFFORDED BY THE FOLLOWING LISTED POLICY
THIS CERTIFICATE IS ISSUED ON:SEPTEMBEIt 13, 1997
INSURANCE COMPANY ~~. INSURANCE
PRODUCER: MTI INSURANCE SERVICE #0529661 PHONE: 714-444.-1212
P O BOX 1425 COSTA MESA CA 92628 FAX: 714 -~44-1611
MILTON F. & BARBARA JOHNSON CALIFORNIA
DBA: JOHNSON’S POA ~ ~ ~
B H IAR-BERN WAY ALL Operations
HOLLISTER, CA, 95023 ~ ~ ~
C V~._~p..,,~;THIS IS TO CERTIFY T~T ~E P~ LISTED BELOW ~VE BEEN ISSUED TO T~ ~MED INS~ED
ABOVE FOR THE ~ICY ~N~ WDRATED NO~STANDI~ A~ REQUIREME~ ~RM ~ COOl.ON ~ ANY
CONTACT ~ OTH~ ~UMENT ~TH RESPECT TO ~CH THIS CER~FICATE MAY BE REDED ~ MAY PERTh.
INSU~NCE AFF~DED BY THE ~IES DESCRIED HERE~ IS 8UBJECT TO ~ ~E TERMS,EXCLUSlON8 ANDOONO~ ~ S~H P~IES
POLICY NUMBER
EFFECTIVEIEXPIRATION DATES 11/28D7 TO1 I128/98
OMP, RE,,HENSIVE GENERAL UABILIT~ COVERAGE;,, oCCURRENCE,
GENERAL AGGREGATE
PRODUCTS I COMPLETED OPER
PERSONAL/ADVERTISING
EACH OCCURRENCE
FIRE DAMAGE LIABILITY
MEDICAL PAYMENTS
$3,000,000
$1,000.000
$1,000,000
$1,000,000
Ss0,000
$1,000
The Certificate holder Is named as an Additional Insured with
respects to the insured’s operations being conducted on the location named above. Also the
Certificate holder Is added with respects to the liability arising out of the ownership, maintenance or
use of the premises used by the named insured.
~CAN~CE~: Should any of the above described policies be. cancelled before the expiration
date there of, the issulng company will endeavor to mall ~.~ days written notice to the certificate
holder named on the bottom, but failure to mall such notice shall impose no obligations or liability
of any kind upon the company, its agents or reix, esentatlves.
~OLDE~~
CITY OF PALO ALTO BILL SCHADDLE
CITY HALL
PALO ALTO, CA ~ REPREN~_T~Y~
Confirmation of L!ability Coverage.
California 81ale Aulomobil= Association
Name and Address:
MILTON F OR BARBARA JOKNSON
"-P,O, BOX 2227
HOLLZSTER, CA 95024
~ AddllionatlnsuredforBcdilylnju~andPrope~yDamageis:
IPOLIOY NO.
E5-56-66-6IEIFFECTIVE D,~TE
8/12197
F.-XPIRATION DATE
which, s~Jbject to all terms and conditions of’t~e CSA,
(N=lme ol Person ~" O~Oam=el~e.)
Members Car Policy, shall have those rights of coverage and defense grants0 Io organizations by subpart (3) of the section erltllled "’Additional Definitior
Used in this Part Only" under Part I - Liability.
0 The Bureau will give 10 days Notice of Cancellation for non.payment of premiur~, 20 days notice of Cancellation for any other reason or lapse of policy
[] Coverages are extended to:
which, subject to all terms and conditions of Ihe CSA,
(Name ol Pe~n or Organlzatmn~
Members Car Policy. shall have those rights of Coverage and defe.se granted to organizations by subpart (3) of Ihe section entitled "Additional Definitior
Used in this Part Only" under Part I - Liabilily.
Named Insured
MILTON OR B~,R.~ ,At~ ,J0,i~SON
Thu polluy of au|omobllu i..~ura~uu inulud=~ Ihu .;uvu=.tle~ u~td I,,,,11~ Of !labi!lly ,~s ~l’,own below. The policy will expire on the dill shown unless cancelledby the Insured or by the Bureau prior thereto. ’
DESGRIPTION OF
3,
LIABILITY COVERAGES
BODILY INJURY LIABILITy PROPER"P~r
........ , .......0AMAGE
LIMITS OF L;~B~LII"Y ......LIMIT
Each Person Each OCCurrenCe
500,000 $1,00qooo $300,ooc
CALIFORNIA STATE AUTOMOBILE ASSOCIATION
WHITE - POLICY HOLDER COPY; Y~LLOW - UNDERWRITING SVC. COPY