HomeMy WebLinkAboutStaff Report 11691
City of Palo Alto (ID # 11691)
City Council Staff Report
Meeting Date: 5/23/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of Contract Number C21179569 with Brown Reynolds Watford
Architects for an Amount Not-to-Exceed $797,178 to Provide Architectural
Design Services for the Fire Station No. 4 Replacement - Capital Improvement
Program Project PE-18004
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or their designee to
execute Contract No. C21179569 (Attachment A) with Brown Reynolds Watford Architects, Inc.
(“BRW Architects”) for a total not-to-exceed amount of $797,178 for design services, including
$725,162 for basic services and $72,016 for Additional Services (as defined in the contract), for
the Fire Station 4 Replacement capital improvement program project (CIP PE-18004).
Background
Fire Station 4, located at 3600 Middlefield Road, is an approximately 4,100 square foot (SF)
structure built in 1954. The existing fire station building does not serve the current needs of the
Fire Department and does not effectively use the current 0.6-acre portion of the property.
In 2002, the City contracted with Biggs Cardosa Associates, Inc. to perform a seismic evaluation
for six fire stations (Stations 1, 2, 3, 4, 5 and 8). In the case of Fire Stations 3 and 4, Biggs
Cardosa reported significant seismic deficiencies and potential for instability of soils due to
liquefaction and concluded that replacement of these two stations may be necessary to meet
essential service standards for fire station buildings. In 2005, the City contracted with RRM
Design Group (RRM) to perform a Replacement Needs Assessment Study for Fire Stations 3 and
4, including:
• Existing and future operational needs of the Fire Department
• Geotechnical investigation and geohazards evaluation
• Hazardous materials testing
• Site analysis and massing studies
• Environmental assessment
• Building system description
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• Cost estimate
• Project schedule
The RRM Study provides program and other feasibility level information that will be used as the
basis to begin design of the new Fire Station 4 following confirmation with the Fire Department.
The new Fire Station 4 design will also accommodate the Fire Department’s operational needs
to provide updated spaces that will support existing and future fire apparatus and personnel,
and fit contextually within Mitchell Park and the surrounding neighborhoods. Features included
in the feasibility study that will be included in the new design include drive through apparatus
bays and a training room.
The Fire Station 3 (PE-15003) and Fire Station 4 (PE-18004) Replacement projects are part of
the 2014 Council Infrastructure Plan. The Fire Station 3 project was completed in March 2020,
and fire personnel have been using the station since then.
Discussion
The contract with BRW Architects consists of basic services including preparation of schematic
designs, design development, construction documents, and LEED certification, as well as
Additional Services, defined in the contract as any work that is determined by CITY to be
necessary for the proper completion of the Project, but which is not included within the
contract’s Scope of Services. Additional Services must be approved via written Task Order by
the City’s Project Manager, as detailed in the contract.
Summary of Solicitation Process
1,244 vendors were notified by PlanetBids, the City’s online e-Procurement system, regarding
the Request for Proposals (RFP) by the City on July 23, 2020. Vendors had 26 days to respond to
the RFP. A mandatory pre-proposal meeting was held on August 3, 2020, and 25 vendors
attended the meeting. The solicitation closed on August 18, 2020. The City received eight
proposals, but two proposals were disqualified as nonresponsive.
Table #1: Summary of Request for Proposal
Company Name Location
(City, State)
Selected for
Oral Interview?
Brown Reynolds Watford Architects, Inc. San Francisco, CA Yes
CJW Architecture Portola Valley, CA No
Loving and Campos Associates, Architects Walnut Creek, CA No
RossDrulisCusenbery Architecture Sonoma, CA Yes
Shah Kawasaki Architects Oakland, CA Yes
WLC Architects Folsom, CA No
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Range of Proposal Amounts Submitted $627,877 - $1,118,748
An evaluation committee, consisting of representatives from the Public Works Engineering
Services Division and the Fire Department, reviewed the proposals. The committee carefully
reviewed each firm's qualifications and submittal in response to the criteria identified in the
RFP. The committee reviewed each firm's qualifications relative to its experience in fire station
design and in working with the City’s Architectural Review Board process. Consideration was
also given to the quality of the proposers’ project approach, performance on past fire station
and other essential services projects, qualifications of the specific staff to be assigned to the
project and understanding of the project goals. Three firms were invited to participate in oral
interviews on October 5, 2020. Brown Reynolds Watford Architects, Inc. (BRW Architects) was
selected because of the depth and quality of their design experience, particularly with respect
to working with challenging sites, and creating a design that considers the context of their site.
One of BRW Architects’ references noted how their fire station design fit well into the
neighborhood by complementing the surrounding areas and their understanding of the market
when estimating the construction cost. Another reference shared their positive experience in
value engineering with BRW Architects that was necessary to fit the project within the agency’s
budget.
Due to budget constraints caused by the COVID-19 pandemic and per Council’s direction in June
2020, Fire Station 4 construction funding was deferred to Fiscal Year 2024. City Staff deferred
the contract award for design in order to ensure design would comply with the most current
building codes and sustainability standards prior to construction. Deferral of the design also
allowed for the design of building systems and specifications of special equipment to
incorporate or consider the newest technology available.
Summary of Contract
The contract is divided into three phases.
• Phase 1 includes schematic design, design development, public outreach, programming,
and initial design. This phase will include exploration of the feasibility of incorporating a
microgrid into the design which would offset power for daily operations and possibly
provide backup power during emergencies. The microgrid assessment will include
calculation of anticipated energy demand for the new station design and
recommendation for the best fit microgrid system to capture savings and offset peak
loads. This will also include a cost estimate of the proposed system.
• Phase 2 includes construction documents, where BRW Architects will finalize the
construction set of documents and obtain permit approvals.
• Phase 3 is during construction and includes construction administration and LEED
Certification. During this last phase, BRW Architects will assist in providing clarifications
or design details during construction as well as submit required documentation on
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behalf of the City for LEED Certification.
This contract is on the City’s professional services contract template, which permits the City to
terminate without cause/for convenience by providing written notice to BRW Architects. In the
event the City finds itself facing a challenging budget situation, and it is determined that City
resources need to be refocused elsewhere, the City can terminate for convenience. The
contract’s Phases are divided to ensure comfortable stopping points, should final design or
construction of Fire Station 4 be put on hold. Other options include termination due to non-
appropriation of funds or amending the contract to reduce the cost, for example, by reducing
the scope of work. The contract may also be temporarily suspended by written notice of the
City Manager.
Timeline
The design of Fire Station 4 will be completed within 20 months following the issuance of the
Notice to Proceed. The longer design duration was given to ensure sufficient time is allocated
for public outreach, planning entitlements, Architectural Review Board (ARB) review, and
permitting. Subsequently, construction of the improvements is expected to begin in Spring
2024.
Resource Impact
A total of $10,167,779, including salary and benefit costs for City staff, has been planned for the
Fire Station 4 Replacement project (PE-18004), with $674,588 appropriated in FY 2022, $4.75
million planned for FY 2024, and $4.63 million planned for 2025 as part of the 2022-2026
Capital Improvement Plan. The City has also requested federal earmark funding for the project.
Staff plans to encumber $379,828 of the contract in FY 2022. The remaining $415,088 of the
contract will be encumbered in FY 2024 to complete the work, subject to the FY 2024 budget
process and Council’s appropriation of funds for FY 2024, in alignment with the planned timing
of the project and phases of the contract.
Policy Implications
The approval of the contract for the design of Fire Station 4 is consistent with City policies and
furthers the goals of Policy C-3.2 of Community Services & Facilities of reinvesting in aging
facilties to improve their usefulness and appearance.
Stakeholder Engagement
The scope of the project includes three community workshops for public input during the
schematic design phase of Fire Station 4. Community workshops will include representatives
from BRW Architects, Public Works Engineering, and the Fire Department. Staff plans to
promote these workshops through a news release, social media, Nextdoor, and on the City’s
project website.
Environmental Review
This project is categorically exempt from the provisions of the California Environmental Quality
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Act (CEQA) under Section 15302 of the CEQA Guidelines as “Replacement or Reconstruction of
Existing Structures” and no further Environmental review is expected to be necessary. A notice
of CEQA exemption will be filed in conjunction with the planning entitlement process.
Attachments:
• Attachment A: Brown Reynolds Watford Architects Contract, C21179569
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CITY OF PALO ALTO CONTRACT NO. C21179569
AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND
BROWN REYNOLDS WATFORD ARCHITECTS, INC.
FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (this “Agreement”) is entered into as of
this 23rd day of May 2022, by and between the CITY OF PALO ALTO, a California chartered
municipal corporation (“CITY”), and BROWN REYNOLDS WATFORD ARCHITECTS,
INC., a Texas Corporation, located at 1620 Montgomery Street, Suite 320, San Francisco, CA
94111 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement and are incorporated herein.
A. CITY intends to replace Fire Station No. 4 located on Middlefield Road and E. Meadow
Road with a new fire station (the “Project”) and desires to engage a consultant to provide design
services in connection with the Project (the “Services,” as further detailed herein).
B. CONSULTANT has represented that it, its employees and subconsultants, possess the
necessary professional expertise, qualifications, and capability, and all required licenses and/or
certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in
this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through 12/31/2025 unless
terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULTANT shall complete the Services within the term of
this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made
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a part of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A” (also referred to herein
as the “Basic Services”) shall be based on the compensation structure described in Exhibit C,
entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the
maximum total compensation shall not exceed Seven Hundred Twenty-Five Thousand One
Hundred Sixty-Two Dollars ($725,162.00). CONSULTANT agrees to complete all Basic
Services, within this amount. The hourly rate schedule, if applicable, is set out in Exhibit “C-1”,
entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement.
Any work performed or expenses incurred for which payment would result in a total exceeding
the maximum amount of compensation set forth herein shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a
not-to-exceed compensation amount for Additional Services is allocated below under this
Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-
to-exceed compensation amount of Seventy-Two Thousand Sixteen Dollars ($72,016.00)
for the performance of Additional Services (as defined below). The total compensation for
performance of Services, Additional Services and any reimbursable expenses specified in
Exhibit “C” shall not exceed Seven Hundred Ninety-Seven Thousand One Hundred
Seventy-Eight Dollars ($797,178.00).
“Additional Services” means any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within the Scope of Services
described at Exhibit “A”. CITY may elect to, but is not required to, authorize Additional
Services up to the maximum amount of compensation set forth for Additional Services in
this Section 4. CONSULTANT shall provide Additional Services only by advanced,
written authorization from CITY as detailed in this Section. Additional Services, if any,
shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project
Manager, as identified in Section 13 (Project Management). Each Task Order shall be in
substantially the same form as Exhibit “A-1,” entitled “PROFESSIONAL SERVICES
TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of
performance and maximum compensation amount, in accordance with the provisions of
this Agreement. Compensation for Additional Services shall be specified by CITY in the
Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit
C, the hourly rates set forth in Exhibit “C-1,” or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s
Project Manager within the time specified by the Project Manager, and upon authorization
by CITY (defined as countersignature by the CITY Project Manager), the fully executed
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Task Order shall become part of this Agreement. The cumulative total compensation to
CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the
amount of compensation set forth for Additional Services in this Section 4.
CONSULTANT shall only be compensated for Additional Services performed under an
authorized Task Order and only up to the maximum amount of compensation set forth for
Additional Services in this Section 4. Performance of and payment for any Additional
Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates,
and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule
of rates set forth in Exhibit “C-1”. If applicable, the invoice shall also describe the percentage of
completion of each task. The information in CONSULTANT’s invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to the City’s Project Manager at the
address specified in Section 13 (Project Management) below. The City will generally process and
pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT
represents that it, its employees and subconsultants, possess the professional and technical
personnel necessary to perform the Services required by this Agreement and that the personnel
have sufficient skill and experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subconsultants, if any, have and shall maintain during the term
of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature
that are legally required to perform the Services.
All of the Services to be furnished by CONSULTANT under this Agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or
similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such
errors and omissions, any change order markup costs, or costs arising from delay caused by the
errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
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design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s
stated construction budget by ten percent (10%) or more, CONSULTANT shall make
recommendations to CITY for aligning the Project design with the budget, incorporate CITY
approved recommendations, and revise the design to meet the Project budget, at no additional cost
to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees
that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be
deemed at all times to be an independent contractor and shall be wholly responsible for the manner
in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status
with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its
employees. CONSULTANT will be responsible for all obligations and payments, whether
imposed by federal, state or local law, including, but not limited to, FICA, income tax
withholdings, workers’ compensation, unemployment compensation, insurance, and other similar
responsibilities related to CONSULTANT’s performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as
creating an employment or agency relationship between CITY and CONSULTANT or any agent
or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY
shall be construed as providing for direction as to policy and the result of CONSULTANT’s
provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign
or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s
obligations hereunder without the prior written approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement
will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the
parties.
SECTION 12. SUBCONTRACTING.
Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the
Services. The subconsultants authorized by CITY to perform work on this Project are:
1. SANDIS
2. Biggs Cardosa Associates
3. YEI Engineers
4. The HLA Group
5. RGD Acoustics
6. Cumming
7. MacNair & Associates
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation to subconsultants. CONSULTANT shall be fully responsible to CITY for all acts
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and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with
the prior approval of the City Manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Christopher Ford,
AIA, 1620 Montgomery Street, Suite 320, San Francisco, CA 94111, Telephone: 415-749-2670,
Email: cford@brwarch.com as the Project Manager to have supervisory responsibility for the
performance, progress, and execution of the Services and to represent CONSULTANT during the
day-to-day work on the Project. If circumstances cause the substitution of the CONSULTANT’s
Project Manager or any other key personnel of CONSULTANT for any reason, the appointment
of a substitute Project Manager and any key new or replacement personnel will be subject to the
prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall
promptly remove personnel who CITY finds do not perform the Services in an acceptable manner,
are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat
to the safety of persons or property.
CITY’s Project Manager is Matt Raschke, Public Works Department, Engineering Division, 250
Hamilton Ave., Palo Alto, CA 94301, Telephone: 650-496-5937, Email:
matt.raschke@cityofpaloalto.org. The CITY’s Project Manager will be CONSULTANT’s point
of contact with respect to performance, progress and execution of the Services. CITY may
designate an alternate Project Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials available to any individual or organization without the prior
written approval of the City Manager or designee. CONSULTANT makes no representation of
the suitability of the work product for use in or application to circumstances not contemplated by
the scope of work.
SECTION 15. AUDITS. CONSULTANT will 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 and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of
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any nature, including death or injury to any person, property damage or any other loss, including
all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
[Option B applies to any consultant who does not qualify as a design professional as
defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law,
CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members,
officers, employees and agents (each an “Indemnified Party”) from and against any and all
demands, claims, or liability of any nature, including death or injury to any person, property
damage or any other loss, including all costs and expenses of whatever nature including attorneys
fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any
manner related to performance or nonperformance by CONSULTANT, its officers, employees,
agents or contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or
law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term,
covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in Exhibit
"D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY
as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming CITY
as an additional insured under such policies as required above.
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18.3. Certificates evidencing such insurance shall be filed with CITY concurrent-
ly with the execution of this Agreement. The certificates will be subject to the approval of CITY’s
Risk Manager and will contain an endorsement stating that the insurance is primary coverage and
will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing
with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or
modification. If the insurer cancels or modifies the insurance and provides less than thirty (30)
days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written
notice of the cancellation or modification within two (2) business days of the CONSULTANT’s
receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term
of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance
of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event
of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a
default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.3, 19.4, 19.5, 20, 25, 27 and 28.
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19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subconsultants, contractors or persons having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant”
as that term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents
required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person’s race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic
information or condition, housing status, marital status, familial status, weight or height of such
person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the
penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining
to nondiscrimination in employment.
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SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated
by reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste
best practices include first minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In particular, CONSULTANT shall comply with the following
zero waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a
personal computer and printer including but not limited to, proposals, quotes,
invoices, reports, and public education materials, shall be double-sided and printed
on a minimum of 30% or greater post-consumer content paper, unless otherwise
approved by CITY’s Project Manager. Any submitted materials printed by a
professional printing company shall be a minimum of 30% or greater post-
consumer material and printed with vegetable based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Division’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to CITY, for reuse or recycling. CONSULTANT shall provide
documentation from the facility accepting the pallets to verify that pallets are not
being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62
(Citywide Minimum Wage), as it may be amended from time to time. In particular, for any
employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of
work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay
such employees no less than the minimum wage set forth in Palo Alto Municipal Code section
4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In
addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance
in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 25. NON-APPROPRIATION
25.1. This Agreement is subject to the fiscal provisions of the Charter of the City
of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following
fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for
a portion of the fiscal year and funds for this Agreement are no longer available. This section shall
take precedence in the event of a conflict with any other covenant, term, condition, or provision of
this Agreement.
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SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS
26.1 This Project is not subject to prevailing wages. CONSULTANT is not
required to pay prevailing wages in the performance and implementation of the Project in
accordance with SB 7 if the contract is not a public works contract, if the contract does not include
a public works construction project of more than $25,000, or the contract does not include a public
works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more
than $15,000.
OR
26.1. This Project is subject to prevailing wages and related requirements as
a “public works” under California Labor Code Sections 1720 et seq. and related regulations.
CONSULTANT is required to pay general prevailing wages as defined in California Labor
Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section
16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has
obtained the general prevailing rate of per diem wages and the general rate for holiday and
overtime work in this locality for each craft, classification, or type of worker needed to execute
the contract for this Project from the State of California Department of Industrial Relations
(“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The
general prevailing wage rates are also available at the DIR, Division of Labor Statistics and
Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time
to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job
sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall
comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code
(Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1,
1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable
implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code
of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to
time. CONSULTANT shall comply with the requirements of Exhibit E, entitled “DIR
REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works
construction, alteration, demolition, repair or maintenance, including but not limited to the
obligations to register with, and furnish certified payroll records directly to, DIR.
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California
without regard to conflict of law provisions.
27.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
27.3. The prevailing party in any action brought to enforce the provisions of this
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Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value
of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
27.4. This Agreement represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This Agreement may only be amended only by a written instrument, which is signed by authorized
representatives of the parties and approved as required under Palo Alto Municipal Code.
27.5. The covenants, terms, conditions and provisions of this Agreement will
apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants
of the parties.
27.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
27.7. All addenda, appendices, attachments, exhibits and schedules (collectively,
“exhibits”) referred to in this Agreement are, by such reference, incorporated into this Agreement
and deemed to be a part of this Agreement.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of
any conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall
control.
27.9 All unchecked boxes do not apply to this Agreement.
27.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
27.11 This Agreement may be signed in multiple counterparts, which, when
executed by all the parties, shall together constitute a single binding agreement.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to
CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential
Information in strict confidence, not disclose it to any third party, and will use it only for the
performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical
safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its
employees, agents and subcontractors, if any, to the extent they have a need to know in order to
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perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose,
provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality
and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without
limitation “Personal Information” about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or
intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of
confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is
independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential
Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
Confidential Information. All Confidential Information is and will remain the property of the CITY
and nothing contained in this Agreement grants or confers any rights to such Confidential
Information on CONSULTANT.
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CONTRACT NO. C21179569 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or Designee
BROWN REYNOLDS WATFORD
ARCHITECTS, INC.
Officer 1
By: _________________________________
Name: _______________________________
Title: ________________________________
Officer 2
By: _________________________________
Name: _______________________________
Title: ________________________________
Attachments:
EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES
EXHIBIT “D”: INSURANCE REQUIREMENTS
EXHIBIT “E”: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
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Craig Reynolds, FAIA
Principal
Mark Watford
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EXHIBIT “A”
SCOPE OF SERVICES
Fire Station No. 4 is located at 3600 Middlefield Road in Palo Alto. The City proposes to construct
a new 2-story replacement fire station. In addition to the spaces required to support the fire
operations, this fire station will include an alternate Emergency Operations Center (EOC)/Training
Room to serve the Fire Department and neighborhood. The number of fire personnel and
equipment will remain the same as the existing. The proposed fire station shall be a building code
compliant “essential services” facility for emergency response and consists of the following
components:
Demolition of existing fire station buildings and removal of drying rack
Existing fuel station on site (see Task 1 requirements)
Office and public restroom
Emergency Operations Center (EOC)/Training room
Two drive through apparatus bays and a stand-by apparatus bay
Firefighter living quarters
Lobby with computer stations
Additional information can be found in City-provided reports, and Consultant shall review the
programming with the City.
The Consultant shall provide professional design and construction administration services to
replace the existing Fire Station 4 with a new, LEED Silver certified, Fire Station. The new Fire
Station 4 shall be designed to meet the City’s 2019 Energy Reach Code by having an all-electric
design for new construction. The project delivery method is a traditional design-bid-build. These
design and construction administration services are to be provided by qualified, licensed
professionals, including, but not limited to the following professions: civil engineer, structural
engineer, mechanical engineer, electrical engineer/lighting design, landscape architect, architect,
cost consultant, energy analysis engineer, signage designer, surveyor, arborist, other specialty
consultants as needed. The Consultant shall present the design to the City of Palo Alto’s
Architectural Review Board (ARB), City Council, community interest groups and various City
Departments. The Consultant shall provide construction administration support during the bid
period and construction.
The Consultant’s basic Services for the Fire Station No. 4 Replacement Project consists of six (6)
Tasks: Task 1, Schematic Design; Task 2, Design Development; Task 3, Construction Documents;
Task 4, Construction Administration; and Task 5, LEED Certification. The City’s Project Manager
will provide the Consultant a separate written authorization to proceed with each task. Additional
Services shall comply with Section 4 and as outlined in the Scope of Services.
PHASE 1 – DESIGN
Task 1 – Schematic Design
1.1 Project Start-up and Programming
a. Consultant and Design Team shall meet with City, Public Art Commission Liaison,
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and Fire Department representatives (4 meetings at 1 hour each).
b. Consultant and Design Team shall create Project Management Plan and review with
City.
c. Consultant shall review record drawings, reports and studies provided by City.
Consultant shall verify information provided by City to ensure it is updated with
current codes.
d. Consultant shall coordinate with City and Fire Department representatives to perform
operations review and gather information and comments for the schematic design of a
new Fire Station No. 4.
e. Consultant shall perform a space and equipment needs assessment.
f. Consultant shall coordinate with US Digital Designs (USDD) on the building layout
and other necessary components of the existing ringdown system to be salvaged and
installed in the new station. The system was just installed in 2019.
g. Consultant shall meet with City and community members interested in the project to
obtain community input (3 meetings at 2 hours each).
h. Consultant shall conduct workshops to gather input and respond directly to interested
community members.
1.2 Prepare schematic design for Fire Station No. 4.
a. Consultant shall conduct code analysis and ADA assessment. City of Palo Alto
Municipal Code is available online for review at:
https://cityofpaloalto.org/gov/city_information/municode/default.asp.
b. Consultant shall coordinate design with City and Fire Department representatives.
c. Consultant shall coordinate design with the existing third-party cell tower lease holder
(Crown Castle) on the relocation/redesign of the telecommunication facility as
necessary.
d. Consultant shall coordinate the design and explore options to remove, upgrade, or
relocate the existing on-site fuel station, underground fuel tank system, and associated
piping and equipment.
e. Consultant shall prepare site survey for the Project including aerial survey, field survey
and record boundary.
f. Consultant shall prepare arborist report for the Project, including a tree survey,
detailing the species, size, health and other pertinent information of existing trees at the
site. Consultant shall meet with City and Fire Department representatives (3 meetings
at 2 hours each).
g. Consultant shall prepare outline specifications and schedule for Project.
h. Consultant shall submit 10 full-size sets of the schematic design package to City for
review which shall be compromised of the site (plan), architectural (architectural plans,
elevations, and sections), structural (basic structural systems), and any relevant
supporting material, including material boards.
1.3 Upon completion of schematic design for Fire Station No. 4, Consultant shall provide a
schematic-level construction cost estimate for the Project. Consultant shall meet with City
to review cost estimate and compare it to the construction budget to identify opportunities
for enhancement or necessity for value engineering.
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1.4 Begin Planning Entitlement process and present schematic designs to City.
a. Consultant shall prepare a complete submittal and presentation materials (architectural
plans, elevations, and sections as appropriate for the presentation outlined in 1.4.b
below) for a Preliminary Architectural Review Board study session. (see submittal
checklist at: https://cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=8755)
b. Consultant shall present the schematic design to the Architectural Review Board
(ARB). (see ARB process outline at:
https://cityofpaloalto.org/news/displaynews.asp?NewsID=201)
1.5 Consultant shall coordinate and meet with project team, as needed, including Public
Works Engineering, Public Works Facilities, Fire, Planning, Building, and Utilities
Engineering.
Task 1 Meetings and Review:
1. Kick-off meeting with the City project management team to develop the Project
Management Plan
2. Three operations and space need assessment meetings with the Fire Department
3. Due diligence review with the Utilities USDD
4. Introduction and process review meeting with the Public Art Commission Liaison
5. Three workshops with city and community members
6. One meeting for internal review for Staff Design Review Committee (DRC)
7. One study session with the ARB
Task 1 Deliverables:
1. Research and Reports
a. Operations Report
b. Space Needs Assessment
c. Site analysis
d. Arborist review
e. Equipment needs and evaluation including existing ring-down system, cell tower,
and fuel station
2. Topo and boundary survey
3. LEED goals and priorities statement
4. Cost estimate and value engineering analysis ARB submittal package
5. Outline specifications
Task 1 Decisions and Approvals:
1. Confirmation of the Operation Report
2. Approval of the Space Needs Assessment Report.
3. Selection of site and space arrangement alternatives
4. Approval of schematic design, budget, and schedule
Task 2 – Design Development
2.1 Prepare design development packages for new Fire Station No. 4.
a. Consultant shall refine and update schematic design drawings in response to comments
from Commissions, Fire Department, ARB, and City representatives.
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b. Consultant shall coordinate with the Public Art Commission Liaison to integrate any
chosen public art with the Project. Consultant shall attend Public Art Commission
(PAC) meetings (2 meetings at 3 hours each) and shall refine and update the design in
response to comments from the PAC. Information about Public Art in Capital
Improvement Projects is available at this link:
http://www.cityofpaloalto.org/gov/depts/csd/public_art/policies_and_documents.asp
c. Consultant shall develop building and site details.
d. Consultant shall prepare in-progress specifications for projects.
e. Consultant shall develop interior/exterior design.
f. Consultant shall prepare interior/exterior product/finish boards.
2.2 Consultant shall coordinate and meet with project team, as needed, including Public Works
Engineering, Fire, Planning, Building, and Utilities Engineering (fiber optic network,
electric, water, and wastewater). Palo Alto also owns and operates the natural gas utility,
but current municipal code prohibits natural gas services on new construction. Consultant
shall also coordinate with private telecom providers for the new station (AT&T and
Comcast).
2.3 Upon completion of design development, Consultant shall a provide design development-
level construction cost estimate and a project schedule including time for permits required.
2.4 Apply for Major ARB Approval and present design development packages to City.
a. Consultant shall prepare presentation materials and apply for Major ARB review (see
Major ARB submittal checklist here:
https://cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=6473).
b. Consultant shall submit a PDF version, 10 full-size sets, and 10 half-size sets of the
design development packages to City for ARB review which shall include the
architectural, structural, and building systems drawings, and any relevant drawings and
materials.
c. Consultant shall present design and obtain approval from City Boards and
Commissions. Consultant shall expect 3 meetings at 4 hours each with the staff Design
Review Committee (DRC), and the ARB.
2.5 After ARB recommends approval, present the design to City Council when they approve
the Record of Land Use Action for the new station (i.e. approval of the entitlements and
conditions of approval).
Task 2 Meetings and Review:
1. Design progress review with the Fire Department representatives
2. Budget and schedule progress with the City management team
3. Coordination meetings with Utilities Engineering, AT&T. Comcast, and cell tower
4. Pre-submittal meeting with the Building Department to review geotechnical
recommendations, local seismicity findings, and load factors
5. Three meetings with the staff Design Review Committee (DRC)
6. Three meetings with the Architectural Review Board (ARB)
7. Design progress review with the Public Art Commission Liaison
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8. Two Public Art Commission (PAC) meetings
9. City Council presentation after ARB approval
Task 2 Deliverables:
1. Design Development package with revisions for each ARB and DRC meeting
a. Plans, schedules, and details to develop the design
b. Equipment and furnishings plan
c. Finishes and materials board
2. Evaluations and Engineering Reports
a. Initial energy model and compliance report
b. LEED Checklist
c. Fixture and equipment cutsheets
3. Cost Estimate
a. Construction
b. Project budget
4. Schedule
a. Allocation for permitting for project
b. Construction timeline
c. Projected completion/commissioning date
5. Entitlement Submittal for Major ARB Approval
Task 2 Decisions and Approvals:
1. ARB approval of the project design.
2. City council approval of the Record of Land Use Action for the new station.
3. City Manager approval of the project design, budget, and schedule with authorization to
proceed to final construction documents.
PHASE 2 – FINAL DESIGN AND CONSTRUCTION DOCUMENTS
Task 3 – Construction Documents
3.1 Consultant shall prepare construction documents for a new Fire Station No. 4 following a
recommendation of approval by the ARB and formal approval of the Record of Land Use
Action by City Council.
a. Consultant shall refine and update design development drawings.
b. Consultant shall prepare technical specifications for project in CSI format.
c. Consultant shall prepare any documents necessary for removal of underground fuel
tank system.
d. Consultant shall coordinate the technical specifications with City’s General Conditions
and Construction Contract template.
e. Consultant shall refine interior design.
f. Consultant shall develop final interior product/finish/furnishing boards.
g. Consultant shall coordinate with City’s design team.
3.2 Consultant shall electronically submit the 65% and 95% construction documents package
in PDF format to City for review which shall include the architectural, structural, building
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systems drawings, and any relevant drawings, materials, and specifications. Anticipated
plan sheets for submittal to the City shall include but are not limited to the following:
1. Title Sheet.
2. Stage Construction plan and notes.
3. LEED and Green Building Check List.
4. Architectural Exterior and Interior plans, Elevation, and Finished Schedule.
5. Structural plans and details.
6. MEP plans.
7. Typical cross sections.
8. Cabinetry, doors, and miscellaneous details.
9. Site plan including Landscaping and Irrigation plans and details.
10. Storm drain and stormwater runoff plans and green stormwater infrastructure details.
11. Fuel station and underground gas tank system details for planned removal, upgrade, or
relocation.
3.3 Consultant shall provide respective cost estimates and updated project schedules with the
submittal of the 65% and 95% construction documents package. Cost estimates shall be
delivered to the City in Excel and PDF formats. Project Schedules shall be delivered to the
City in PDF format, MS Project format, or any other format as approved by the City.
3.4 Upon completion of construction documents, Consultant shall provide a final construction
cost estimate and a final estimated construction timeline for the Project.
3.5 Consultant shall electronically deliver final 100% construction documents, estimated
timeline, and cost estimate to City. All drawings shall be delivered to the City in AutoCAD
2019 and PDF formats.
3.6 Consultant shall work on the City’s behalf for obtaining necessary permits and inspections
for the removal and replacement of the emergency generator.
3.7 Consultant shall work on the City’s behalf for obtaining necessary permits and inspections
for the removal, relocation, or upgrade of the fuel station and underground gas tank.
3.8 Consultant to coordinate with a separate, City-hired third-party entity for C.3 storm water
treatment design review as required by the Building Department. Consultant shall
incorporate any design changes resulting from this C.3 storm water treatment design
review.
Task 3 Meetings and Review:
1. Design progress review with City and Fire Department representatives
2. Budget and schedule progress with the City management team
3. Pre-submittal ADA compliance review meeting with the City representatives
4. Interior design review with City and Fire Department representatives
5. Three meetings with the staff DRC
6. Design progress review with the PAC Liaison
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7. C.3 storm water treatment design review by third-party
Task 3 Deliverables:
1. 65% and 95% Construction Documents (PDF format)
a. Plans, schedules, and details to full document the construction
b. Interior design and material selections
c. Technical Specifications
2. Evaluations and Engineering Reports
a. Energy compliance report
b. Structural Calculations
c. LEED worksheet update
3. Cost Estimate
a. 65% and 95% cost updates
b. Final cost estimate
4. Schedule Update
a. 65% and 95% schedules updates
b. Final schedule
5. Building Permit Submittals
a. Fire Station No. 4 Demolition
b. Emergency Generator Replacement
c. Fuel Station Replacement or Upgrade
d. Fire Station No. 4 Replacement
Task 3 Decisions and Approvals:
1. C.3 Design Approval
2. Building Permit
3. City Council authorization to go to bid
PHASE 3 – CONSTRUCTION ADMINISTRATION
Task 4 – Construction Administration
4.1 Assist City during bid period.
a. Consultant shall assist the City in preparation of construction bid package/s (IFBs)
b. Consultant shall review and respond to questions, within 48 hours, during bid period.
c. Consultant shall prepare addenda and revisions as required within 48 hours during bid
period.
d. Consultant shall attend and assist the City at the pre-bid conferences and the job walk.
4.2 Provide construction support and construction administration services. The not-to-exceed
amount identified in Exhibit C assumes a construction contract duration of 18 months.
a. Consultant shall assist City in reviewing and responding to submittals within ten (10)
working days upon receiving the submittals.
b. Consultant shall respond to construction contractor requests for information within ten
(10) working days upon receiving the request.
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c. Consultant shall assist City in clarifying any questions that may arise during the project
in a timely manner.
d. Consultant shall assist City in preparing, reviewing and provide comments/solutions to
change orders within ten (10) working days upon receiving the change orders.
e. Consultant shall attend weekly Project Progress site meetings and as requested or
require.
f. Consultant shall issue Architect’s Supplemental Instructions (ASI’s) within five (5)
working days upon determination that an ASI is needed.
4.3 Consultant shall coordinate construction administration services with City’s construction
manager.
4.4 Consultant shall participate in the final project review and prepare the final review punch
list. Consultant shall field verify, perform back checks, and sign off on punch list
completion.
4.5 Consultant shall prepare as-built plans for the project within thirty (30) calendar days from
the day Notice of Completion is sent to the construction contractor. As-built plans shall be
delivered to the City in both AutoCAD 2013 or later version and PDF formats.
Task 4 Meetings and Review:
1. Pre-bid conference and job walk
2. Job kick-off meeting
3. LEED coordination and commissioning meeting.
4. Weekly Progress meetings
5. City Departments
6. Utilities
7. Public Art Commission Liaison
8. City and Community Members
9. Architectural Review Board
10. City Council
Task 4 Deliverables
1. Review and respond to ASIs, RFIs, COs, and other construction documentation
2. Reports
3. Change documents
4. Close-out documents
5. As-built Plans
6. Deferred submittals
7. LEED Silver certification
Task 4 Decisions and Approvals:
1. Construction contract award
2. Progress payment approvals
3. Change order approvals
4. Substantial completion and occupancy approval
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5. Warranty and as-built approval
6. One-year warranty review
Task 5 – LEED Certification
The City intends that the Fire Station No. 4 Replacement Project shall be designed to meet the
standards for LEED Silver or higher certification by USGBC.
5.1 Consultant shall design the Fire Station No. 4 Replacement Project to meet the
requirements for LEED V4.1 certification at the Silver or higher level.
5.2 Consultant shall provide LEED project management services needed for the City to obtain
LEED certification of the Fire Station No. 4 Replacement Project, develop specifications
consistent with LEED and the City’s policies, and provide the templates, documentation,
calculations, and energy modeling studies necessary to obtain LEED certification.
5.3 Consultant and relevant sub-consultants shall include at least one LEED accredited
professional to support Project Sustainable Building/Green Building design criteria as
required to achieve LEED certification.
5.4 Consultant shall include in the construction documents appropriate provisions requiring
the construction contractor to meet the requirements and provide documentation for City’s
submittal to USGBC for LEED certification.
Task 5 Meetings and Review:
1. LEED coordination and commissioning meeting
2. Coordination meetings as needed (may be listed under Tasks 1-4)
Task 5 Deliverables
1. Design to meet LEED Silver or higher certification
2. Documentation for project submittal to USGBC for LEED certification
3. LEED AP professional to support Project
4. LEED Silver or higher certification
Task 5 Decisions and Approvals:
1. Construction contract award
2. Progress payment approvals
3. Change order approvals
4. Substantial completion and occupancy approval
5. Warranty and as-built approval
6. One-year warranty review
MICROGRID ASSESSMENT
The City is considering the addition of a microgrid energy capture/storage system for the new Fire
Station No. 4. Consultant shall research various microgrid systems and solutions including the
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space need, initial cost, maintenance cost, and pay-back/energy saving options and select an
alternative that has the scalability to achieve the energy capture and storage goals within the budget
allocation. Consultant shall calculate and assess the anticipated energy demand for the new Fire
Station No. 4 and review potential LEED credits. Consultant shall produce a separate initial cost
estimate to install and incorporate the selected microgrid system. Microgrid assessment is to be
performed alongside Task 1.
Deliverables
1. Research and report on recommended best fit microgrid system for the project
2. Initial cost estimate for the selected microgrid system
ADDITIONAL SERVICES
Authorization of Consultant’s use of Additional Services shall comply with Section 4, and
compensation shall not exceed the amount set forth in Section 4. Work that is substantially beyond
the Tasks in the Scope of Services may qualify (if approved by City per Section 4 of this
Agreement) for Additional Services.
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions
of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this
Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY: ___________________________________
Name: _________________________________
Title: __________________________________
Date: __________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY: ___________________________________
Name: _________________________________
Title: __________________________________
Date: __________________________________
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed (NTP).
Milestones
Completion
No. of Weeks From NTP
1. Task 1 – Schematic Design 18 weeks
2. Task 2 – Design Development 52 weeks
3. Task 3 - Construction Documents 87 weeks
4. Task 4 – Construction Administration 165 weeks
5. Task 5 – LEED Certification 245 weeks
Additional Services (if any, per Section 4 of this Agreement)
As needed during the term
of this Agreement per the
schedule approved by
City in the applicable
Task Order.
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EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for Services performed in accordance with
the terms and conditions of this Agreement, and as set forth in the budget schedule below.
Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up
to the not to exceed budget amount for each task set forth below.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below.
The CITY’s Project Manager may approve in writing the transfer of budget amounts between
any of the tasks or categories listed below provided that the total compensation for Basic
Services, including reimbursable expenses, and the total compensation for Additional Services,
do not exceed the amounts set forth in Section 4 (Not to Exceed Compensation) of this
Agreement.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
SERVICES Phase 1 Phase 2 Phase 3 ROW
TOTALS
Task 1 - Schematic Design $117,800 $117,800
Task 2 - Design Development $152,700 $152,700
Task 3 - Construction Documents $ 229,400 $229,400
Task 4 - Construction Administration (FY2023 Funds
will be used on an as-needed basis for FY2023-2025) $157,800 $157,800
Task 5 - LEED Certification $11,952 $19,522 $8,366 $39,840
Task 6 – Microgrid Design Allowance $22,622
TOTAL BASIC SERVICES $305,074 $248,922 $166,166 $720,162
REIMBURSABLE EXPENSES* (as specified in this
exhibit) $5,000* $5,000*
SUBTOTAL (Basic Services & Reimbursable Expenses) $310,074 $248,922 $166,166 $725,162
ADDITIONAL SERVICES* (if any, per Section 4) $72,016 $72,016*
TOTAL NOT-TO-EXCEED AMOUNT
$382,090
$248,922
$166,166
$797,178
* The not-to-exceed amounts for Reimbursable Expenses and Additional Services may each,
respectively, be utilized across all Phases of the Agreement, even though these respective not-
to-exceed amounts may not show in all Phases in the table above. These specified not-to-exceed
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amounts are cumulative across all Phases; they are not necessarily per-Phase amounts.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses. CITY
shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses
for which CONSULTANT shall be reimbursed are:
1. Shipping of submittal items for staff Design Review Committee and Architectural
Review Board including, but not limited to, materials boards, plans, and other
supporting documentation
2. Printing for documents as requested by the City during design and construction
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $500 shall be approved in advance by
the CITY’s Project Manager.
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EXHIBIT “C-1”
SCHEDULE OF RATES
CONSULTANT’s not-to-exceed hourly rate schedule under this Agreement is as provided below
in this Exhibit C-1, covering CONSULTANT and its subconsultants, if applicable. Overtime may
only be charged if specific approval was granted in writing by the City’s Project Manager in
advance. Any overtime incurred without such approval shall be at the CONSULTANT’s own
expense to the extent it is above the hourly rates provided in this Exhibit C-1.
CONSULTANT (BRW Architects)
2020-21 2021-22 2022-23
Principal $210 $214 $218
Project Architect / Project Manager $180 $183 $186
Project Coordinator $150 $153 $156
Project Designer $120 $122 $124
Drafter / BIM Modeling / Animations $80 $81 $82
Administrative Assistant $40 $41 $42
Sub-consultants
2020-21 2021-22 2022-23
Principal Engineer/ Principal Landscape
Architect
$210 $214 $218
Project Engineer / Landscape Architect $180 $183 $186
Engineer I $150 $153 $156
Engineer II / Designer $120 $122 $124
Drafter / BIM Modeling $80 $81 $82
Administrative Assistant $40 $41 $42
Mark-up % on sub-consultants 10%
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW,
AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR
AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY
CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL
INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE
AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL
INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
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CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS
POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE
CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE
OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE
FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
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EXHIBIT “E”
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
This Exhibit shall apply only to a contract for public works construction, alteration, demolition,
repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement
with CONSULTANT without proof that CONSULTANT and its listed subcontractors are
registered with the California Department of Industrial Relations (“DIR”) to perform public work,
subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any,
to comply with all applicable requirements of the California Labor Code including but not limited
to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but
not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq.,
as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26
(Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement.
CITY provides notice to CONSULTANT of the requirements of California Labor Code Section
1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject
to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of
any contract for public work, as defined in this chapter, unless currently registered and qualified
to perform public work pursuant to Section 1725.5. It is not a violation of this section for an
unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and
Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract
is awarded.”
This Project is subject to compliance monitoring and enforcement by DIR. All contractors must
be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors
must also be registered with DIR. No contractor or subcontractor may be awarded a contract for
public work on a public works project unless registered with DIR. Additional information
regarding public works and prevailing wage requirements is available on the DIR web site (see
e.g. http://www.dir.ca.gov) as amended from time to time.
CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is
required to post all job site notices prescribed by law or regulation.
CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR)
in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8
CCR Section 16461).
CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of
Labor Code Section 1776, including but not limited to:
Keep accurate payroll records, showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively,
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CONSULTANT and its listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and made available
for inspection at all reasonable hours at the principal office of CONSULTANT and its listed
subcontractors, respectively.
At the request of CITY, acting by its Project Manager, CONSULTANT and its listed
subcontractors shall make the certified payroll records available for inspection or furnished upon
request to the CITY Project Manager within ten (10) days of receipt of CITY’s request.
CITY requests CONSULTANT and its listed subcontractors to submit the certified
payroll records to CITY’s Project Manager at the end of each week during the Project.
If the certified payroll records are not provided as required within the 10-day period, then
CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars
($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum
total of penalties from the progress payment(s) then due and payable to CONSULTANT.
Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’
payroll records (street address, city and county) at the commencement of the Project, and also
provide notice to CITY’s Project Manager within five (5) business days of any change of location
of those payroll records.
Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to
CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT
or any subcontractor for each calendar day during which such worker is required or permitted to
work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar
week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through
1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor
in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted
upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours
per week, at not less than one and one-half (1&1/2) times the basic rate of pay, as provided in
Section 1815.
CONSULTANT shall secure the payment of workers’ compensation to its employees as provided
in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file
with the CITY a statutorily prescribed statement acknowledging its obligation to secure the
payment of workers’ compensation to its employees before beginning work (Labor Code 1861).
CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)).
CONSULTANT shall comply with the statutory requirements regarding employment of
apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will
be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage
and hour laws.
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