HomeMy WebLinkAboutDISABILITY ACCESS CONSULTANTS, INC. - 2006-09-29CONTRACTS SUBMITTAL TO E
roe' CITY CLERK'S OFFICE A IO: So
To: JOAN FLYNN, City Cleric
Name of Contractor: Disability Access Consultants, Inc.
Purpose of Contract: For Example: Audit Servioes or Water Quality Testing Huntington Lake— Huntington Central Park
ADA Survey and TransitionPlan
Amount of Contract: $59,500.00 (NTs)
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. ❑ to Risk Management ❑
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer
e&&4 Date: 416)6
Name/Extension
City Attorney's Office
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G:AttyMisc/Contract Forms/City Clerk Transmittal
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Disability Access Consultants, Inc.
FOR
ADA Survey and Transition Plan
THIS AGREEMENT ("Agreement") is made and entered into this 29th day of
September 20 06, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
Disability Access Consultants, Inc. , a California Corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
provide qualified individuals to inspect City facilities, review City_policies and procedures
and prepare ADA Transition/Barrier Removal Plan and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
I. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT.
CONSULTANT hereby designates Barbara Thorpe who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on twelve months from , unless
Commencement Date
sooner ,terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than twelve months from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECTif mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
Fifty Nine Thousand Five Hundred and no/100 Dollars ($ 59,500.00 ),
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in . the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
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compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda;
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed -officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall -
agree/forms/profserv10/15101-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible or any other ,
similar form of limitation on the required coverage except with the express written consent
of CITY.. A claims -made policy shall be acceptable if the policy further provides that:
A The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements). -
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agree/forms/profserv10/15101-A 4
9
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'`
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY. -
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/profsery 10/1510 1-A 5
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be _ delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agreefforms/profservl0/15/01-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach Disability Access Consultants, Inc.
ATTN: Jason Churchill ATTN: Barbara Thorpe, President
2000 Main Street 2775 Feather River Blvd.
Huntington Beach, CA 92648
Oroville, CA 95965
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
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18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing containedhereinshall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agree/forms/profsery 1011510 1-A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring`
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY' S FEES
Inthe event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
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each party shall bear its own attorney's fees, such that the prevailing party shall _ not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the 'entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profserv10/15101-A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
Disability Access Consultants. Inc.
print name
ITS: (circle one) Chairm PresidentN ce President
AND
print name
JTS-ircle one) Secretary/Chief Financial Officer/Asst.
Sccrctary = Treasurer
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CITY OF HUNTINGTON BEACH,
a m oZR
ation of the California
F. Beardsley, PE
Director of Public Works
(Pursuant To HBMC §3.03.100)
APPROVED AS TO FORM:
t
r City Attorney`l�o
REVIEWED AND APPROVED:
&2-� C-�. "
City Administrat r
(only for contracts $50, 000.00 and over)
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide qualified individuals to perform a survey of CITY facilities
to determine compliance with theAmericanswith Disabilities Act of 1990 and with other
applicable state and federal regulations governing barrier removal or modification to
identify and itemize non -compliant items at each facility; and to provide a transition plan
for attaining compliance in accordance with the aforementioned laws and regulations.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1 The following tasks shall constitute the scope of work to be performed in
accordance with this agreement, as provided by CONSULTANT in their Proposal for
Consulting Services dated July 7, 2006.
Task 1: Meet with CITY Officials
CONSULTANT shall meet with designated CITY officials to identity and obtain
information regarding CITY programs, services and activities; and physical facilities to
include buildings, sidewalks, curbs and other structures. Activities include, but are not
limited to:
a) Establish status of facilities and structures (may be owned, leased or operated by the
CITY or have programs, services or activities located within the facility).
b) Establish procedures, contacts and methods of communication for completion of the
project
c) Establish project benchmarks and meet regularly with CITY designated contact
d) Determine dates of construction and major remodeling in order to provide the most
cost effective recommendations.
e) Collect and review floor plans and/or emergency evacuation plans.
f) Clarify specific methodologies and data collection. Develop timelines and
benchmarks. Discuss proposed schedule and selection of sites.
g) Review and establish operational and procedural requirements, including
coordination of schedules, name tags, content of training sessions, dates and other
relevant information.
Task2: Review Previous and Current Efforts
CONSULTANT will review CITY's previous and current compliance efforts and
document compliance activities in the updated self -evaluation. The initial orientation
meeting will include an assessment of previous compliance activities by CITY and areas
of current or potential litigation. Any accessibility compliance activities that CITY
completed previously is information that will need to be incorporated into the
updated City of Huntington Beach ADA Self -evaluation. The review of compliance
activities and high priority areas will assist with the development of an overall project
plan.
imp/c6ntracts group/exA/10/11/06 1
L
EXHIBIT "A"
Task 3: Review and Development of Required Notices and Postings
Review CITY notices and posting, agendas and meeting announcements for statements
of accommodations.
h) Determine the designated responsible person to oversee the implementation of the
plan and coordinate the CITY's compliance efforts
i) Provide notice and posting regarding the identity of the designated responsible person
(ADA Coordinator), to include accessible formats and posting on the website following
an accessibility review of the website
j) Provide notice and posting of CITY's self -evaluation and transition plan activities and
provide opportunity for input from interested individuals, individuals with disabilities,
community and organizations representing individuals with disabilities, recipients,
employees and other beneficiaries.
Task 4: Analysis of CITY's Policies and Procedures
CONSULTANT will review CITY's policy and procedures and provide an analysis of
CITY's current codes, policies, procedures and practices that may limit, segregate or
exclude persons with disabilities. The review will include, but is not limited to:
k) Review of standard or routine CITY notices, postings, agendas and announcements
for statements of accommodations
1) Review current grievance or uniform complaint procedures, and other applicable
policies and procedures
m) Meet with designated staff members to discuss and recommend further methods for
meeting the requirements of the ADA
Task 5: Inspection of Phase Facilities -Attachment A: Schedule of City Facilities
CONSULTANT will inspect the facilities listed in Attachment A for compliance with the
Americans with Disabilities Act Accessibility Guidelines (ADAAG) and Title 24 of the
California Building Code. The following items and areas are included in the
CONSULTANT site surveys, but are not limited to the following:
Public right of way access
. Intersections
• Parking
Curbs
• Curb ramps
Entrances
Passenger LoadingZones
• Crosswalks
Paths of Travel
Ramps
Handrails
Elevators
Platform Lifts
• Stairs
Doors
• Door hardware
jmp/contracts group/exA/10/11/06 2
EXHIBIT "A"
• Visual & Audible Communications and Alarms
• Telecommunications Devices (TDD/TTY)
Signage-Permanent and Directional
• Restrooms
• Drinking Fountains
Common use areas
• Employee break areas
Meeting and conference rooms
Locker Rooms -
Stadiums, playgrounds, outdoor areas
• Areas of Rescue Assistance
Facility Inspections and Development of Transition Plan
CONSULTANT will inspect CITY facilities listed on Attachment for compliance
with the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) and
California Title 24 (CBC) Accessibility Standards. CONSULTANT will scope to
existing federal and states standards, and will also collect actual field
measurements that may change the implementation of the ADA plan if the new
proposed ADA guidelines are approved by the Department of Justice.
Inspections will be performed by trained and certified employees of
CONSULTANT. CONSULTANT will not use any subcontractors. CONSULTANT
will utilize detailed findings, inspection intake records and digital photos, and
incorporate into the transition/barrier removal plans. Information collected during
the survey process is preloaded by CONSULTANT into CONSULTANT'S
Accessibility Database System (ADS 4.0) software.
Transition/Barrier Removal Plan:
CONSULTANT will incorporate the Transition/Barrier Removal Plan in the
Accessibility Database System (ADS) software. The ADS software will allow
CITY to make modifications in the proposed plan, as appropriate, according to
proposed or allocated funds, remodeling, deferred maintenance or removal of
items that have been prioritized by specific needs of recipients of CITY services,
employees or individuals with disabilities. The ADS software allows for ready
access to updated and customized information, instead of static reports that may
be difficult to update or adjust.
CONSULTANT will provide the City of Huntington Beach Transition/Barrier
Removal Plan data with building survey information in a database management
software package (ADS 4.0 or later versions as may be available) to enable CITY
to revise and track compliance throughout the implementation process. CITY's
building survey data will be pre -loaded by CONSULTANT. CONSULTANT_ will
license CITY to use software, access barrier removal data, update barrier
removal data, generate specialized reports, charts and graphs as needed to
manage, update and implement the barrier removal plan:
jmp/contracts group/exA/10/11/06 3
EXHIBIT "A"
Task 6: Opportunities for Input
In coordination with CITY, CONSULTANT will work with individuals with disabilities,
community organizations and disability groups, as required by the ADA. CONSULTANT
and CITY recognize that input from advisory groups, individuals with disabilities and
community members is vital and required in order to complete a comprehensive,
meaningful and prioritized ADA self -evaluation and transition plan.
Task 7: Provide Training for City Staff (Optional Activity)
If negotiated as an optional activity, CONSULTANT will provide training to selected staff
as requested by CITY.
Key Personnel and Responsibilities & Roles
CONSULTANT will assign staff in coordination with project objectives and priorities.
Key personnel would be assigned to work in CITY to complete activities selected in
accordance with the proposed plan design. CONSULTANT will assign staff to be on
location for certain project_ activities and other staff will work from the office in Oroville
and San Diego.
2. 'CONSULTANT shall schedule and complete all survey work in such a
manner as to minimize disruption of CITY staff, facility patrons, and regular operations.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. CITY shall facilitate completion of ADA Self -evaluation and Transition Plan
as detailed in Section B: Consultant's Duties and Responsibilities by furnishing
CONSULTANT with maps and access to facilities, and whenever available, 'plans,
drawings and copies of existing policies and procedures.
D. WORK PROGRAM/PROJECT SCHEDULE:
Work to commence immediately upon CONSULTANT receipt of fully executed
contract. Actual project schedule to be determined.
jmp/contracts group/exA/10/11/06 4
SCHEDULE OF CITY FACILITIES
1
Civic Center
2000 Main St.
107,022
2
Civic Center Police Department
2000 Main St.
81,807
3
Central Library
7111 Talbert Ave.
107,400
4
Main Street Library
525 Main St.
9,306
51
Seniors Comm. Center
1706 Orange
14,000
6
Seniors Comm. Outreach Center
1706 Orange
2,700
7
' City Gym
1600 Palm Ave
23600
8
Edison Comm. Center
21377 Magnolia
11,065
9
Murdy Comm. Center
7000 Norma
11,000
10
Oakview Comm. Center & Gym
17261 Oak
10,000
11
Cultural Arts Center
538 Main
11,092
12
Harbor View Comm. Center
16600 Saybrook
2,203
13
Lake Park Comm. Center
Lark Park
3,000
141
Lake View Comm. Center
17461 Zieder Lane
2,000
15
Lebard Comm. Center
Lebard
800
16
Newland Barn
19820 Beach Blvd.
6,000
17
Terry Park Comma Center
7701 Taylor
1,664
18
Ocean View Estates Trailer Park Club
7151 Ellis
2,219
191
Public Works Maint. Division # A
17371 Gothard
7,200
20
Water Operations Admin
19001 Huntington
10,000
21
Oakview Library
17251 Oak
1,900
22
Graham Library
15882 Graham
2,500
23
Banning Library
9281 Banning
2,400
24
Shank House Substation
204 5th
2,860
25
Central Park Restrooms (6'bld s.)
Lakeview Lane
4,800
26
Blufftop Park
9th Street to Seapoint Street
90,000
27
Bushard Fire Station
19711 Bushard
5,700
28
Heil Fire Station
5891 Heil
5,712
29
Lake Fire Station
530 Lake
11,508
30
Magnolia Fire Station
121441 Magnolia
5,702
31
Warner Fire Station
13831 Warner
8,750
EXHIBIT "B"
Payment Schedule (Alternative # 1)
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT -shall be entitled to a full payment towards the fixed fee set forth
herein in accordance with the following fee schedule not to exceed Fifty-nine Thousand Five
Hundred Dollars::
Inspection of sites/development of transition plan: $52,000
Analysis of policies, procedures and practices, public input and related tasks: $7,500
Hourly rates include:
Project Manager $95.00
Policy, Program & Communication review: $75.00 hour
Inspection Team Leader $95.00
Field inspections: $65.00 hour
Information Technology: $85.00 hour
Technical writing: $55.00 hour
Clerical and Support: $30.00
Consultation: $75.00
Additional work performed outside of the contract is billed in accordance with the work
to be performed and may be billed at an hourly rate or other mutually acceptable ,
alternative, upon written authorization of CITY by James Jones, Maintenance Operations
Manager, or Jason Churchill, Streets and Facilities Manager.
3,. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each payment due. Such
invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
5) For all payments include an estimate of the percentage of work completed.
jmp/contracts group/exB-1/10/11/06 1
EXHIBIT B
Alternative #1
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
5. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be "invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement- of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
jmp/contracts group/exB-1/10/11/06 2
EXHIBIT B
Alternative #1
ACORD. CERTIFICATE OF LIABILITY INSURANCE °A/20/0DD/YY)
3120/06
PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cavignac & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND,, EXTEND OR
450 B Street, suite 1800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego, CA 92101-8005 INSURERS AFFORDING COVERAGE
Jolinda Kramer
INSURED INSURER A: Travelers Casualty Insurance Company of America
Disability Access Consultants, Inc.
INSURERB:Underwriters at Lloyds London
2775 Feather River Blvd. 1NSURERC:The Travelers Indemnity Company of Connecticut
Oroville, CA 95965 INSURER D:
INSURER E:
rnvcoer_ce
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES` DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
.LIMITS
C
GENERAL LIABILITY
1-680-7025C930-TCT-06
09/09/06-
09/09/07
EACH OCCURRENCE
$1,000,000
FIRE DAMAGE (Any one fire)
$300,000
X COMMERCIAL GENERAL LIABILITY
MED EXP (Any one person)
$ 5,000
CLAIMS MADE Dx� OCCUR
PERSONAL BADVINJURY
$,1,000,000
X Blanket Contractual
X
Broad Form
GENERAL AGGREGATE
$2,000,000-
GENII AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
POLICY r X PRO- LOC
C
AUTOMOBILE
LIABILITY
ANY AUTO
1-680-702SC930-TCT-06
09/09/06
09/09/07
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
:HIRED AUTOS
NON -OWNED AUTOS
ZN D AS
tt
McG
�"D
T ltj/ Att
/O�
meiy
X
BODILY INJURYX
(Per accident)
$
X
PROPERTY DAMAGE
.(Per accident)
$
No Company Owned Autos
GARAGE LIABILITY.AUTOONLY.-
EAACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY `
OCCUR CLAIMS MADE
EACH OCCURRENCE :
$
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
A
WORKERS COMPENSATION AND -
ISUB-4853Y26-4-.06 -
09/09/06
09/09/0.7
X I TN CSTATU- BOTH-
LIMITS
EMPLOYERS' LIABILITY
-
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE -POLICY LIMIT
$ 1,000,000
OTHER
B
Professional Liability
0907-00083246B
09/09/06
09/09/07
Each Claim $1,000,000
Aggregate $2,000,000
-
$
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES[EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Professional Liability - claims made form, aggregate limit policy, defense costs included within limits of liability.
RE:.ADA Survey and Transition Plan. City of Huntington Beach, its agents, officers and employees, are named as
Additional Insured with respect to General Liability per attached. General Liability deductible: $-0-.
%,CK IitIIiA I C l7ULUCK ' ADDITIONAL INSURED; INSURER LETTER: GANGtLLA I ION 10 days NOC for non-payment Of premium.
- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Huntington .Beach GATE THEREOF,. THE ISSUING INSURER WILL LM9MW FMAIL 30 .DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, K@VM1i=KX5XV290KX
Attn: Risk Management XAGlS$14xK1Q74X7f 17tx= 8x*76Ir1X=Xlf9U C K3xx1Um PLx
2000 Main Street
Xgip=gkyAvj(iKXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX%XXXXIC7CX
Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE
USA
ACORD 25-S (7197) Katherine O ACORD CORPORATION 1988
� Quo z
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
1. Date: November 15, 2006
2. Department: Public Works
3. Requested by: Debra Jubinsky
4. Name of consultant: Disability Access Consultants, Inc.
5. Attach the written statement of the specification, conditions and other requirements for the requested
services that was provided to solicited consultants in your answer to 11 of this form.
See attached RFP.
6. Amount of the contract: $59,500 °
7. Are sufficient funds available to fund this contract?' ® Yes ❑ No
8. Is thiscontractgenerally described on the list of professional service contracts approved by the City
Council'? Z Yes ❑ No ,o
9. Company number and object code where funds are budgeted: 10085401.69365 ^p
10. Is this contract less than $50,000? ❑ Yes ® No
11. Does this contract fall within $50,000 and $100,000? ® Yes ❑ No
12. Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract:)
13. Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
See attached list.
15. Attach proposed scope of work.
See attached contract, Exhibit A.
16. Attach proposed payment schedule:
See attached contract, Exhibit B.
Department Head'Signatur RI4=1Services
Man er
1. if the answer to this question is "No," the contract will require approval from the City Council.
Berkeley Planning Associates
440 Grand Avenue, Suite 500
Oakland, CA 94610
(800) 897-0272'
TDD: (510) 465-4493
E-mail: mailto:susanAbpacal.com
An accessibility review -- an in-depth, on -site inspection of the property plus a detailed,
easy -to -read report that prioritizes ADA concerns and provides recommendations for
addressing them. A review of personnel policies practices andprocedures to identify
problem areas and make recommendations about specific policies or practices. On -site
targeted or company -wide training. One-on-one telephone or in -person consultation to
assist you in understanding your rights and responsibilities under the act.
��
Contact: Stephen McCarthy
equal@pacbell.net
Tel: 619-646-3044
Fax: 619-457-3849
PROFESSIONAL SERVICES: ADA / Accessibility
Surveys, Survey Reports, Barrier Removal Consultation, Architectural Design, Transition
Plans for Public Entities, ADA Seminars for Attorneys & Architects, Mediation, Expert
Witness for Litigation
The PLG Group
ADA Consultants
San Diego, CA
(619) 581-2720
Kim R Blackseth - ADA Consultant
14 Commercial Blvd # 13 3
Novato, CA 94949
Tel: 415-382-2532
Phone/fax 510-420-5738
Email: pmargennamer.net
Recognized for expertise in the areas of disability policy, universal design, Title 24
compliance (California) and the Americans with Disabilities Act (ADA). With over 16
years of experience in this field, their services include regulation and policy development,
training programs, evaluating buildings and facilities, plan review, CM and identifying
cost effective program and/or structural solutions to accessibility issues. Principal
Consultant Peter Margen was selected by the California Division of the State Architect to
assist in securing DOJ-ADA certification of the Californian Building Code and has
served as an expert witness in a,number of landmark ADA'cases including; United Artists
Theaters, Shell Oil Products Company, Macys California, Bay Area Rapid Transit
District, Squaw Valley USA (ski facility).
JPC Contracting - Joe Card Contractor
2485 Notre Dame Blvd.
Suite #370, PMB #147
Chico, CA 95928
(530) 521-1900
email: ipccontracting(a),sbcglobal.net
JPC Contracting is a contracting and consulting firm specializing in disabled access
involving the,1990 Americans with disabilities act, (A.D.A.) and the California building
code, Title 24.
Services:
• Risk management, performing site survey's of public accommodations offer
opinion on the compliances with the applicable codes and regulations and the potential
liability of architectural barriers.
• Perform site inspection, survey Property utilizing a survey crew develop, site
specific design Plans, to remove architectural barriers.
• Develop cost analysis to remove architectural barriers.
• Plan check for opinion on potential liabilities.
• Expert witness Deposition testimony
• Expert witness Trial testimony
• Served as an expert witness in over 100 cases
AccommodatingIdeas
11650 Riverside Dr. Ste #4
North Hollywood, CA 91602
1-800-257-1783 V/TDD
aidarlene(cr�aol.com
aikategaol.com
http://www.ai-ada.com/
William (Bill)Norkunas, Pres./CEO
ADAhelp, Inca
Florida/Mass./Ohio/Conn./Pa./Calf
billnorkunaskadahelp.com
www.adahelp.com
1-888-323-2005
Specialists & Consultants in the ADA
As our'name reflects, no one knows the "AMERICANS with DISABILITIES ACT as
well as we do...no one.
One call to us will provide you with the experienced & professional help you need -and
at a cost far le$$ than the expen$ive alternative$. To help you better understand the legal
realities of ADA,and learn how this law can financially benefit your business, use these
"informative link -paths" to reach information you can use and understand.
`�MI, S
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Michael Bennett
VP Business Development
National Access Consultants, LLC
2321 Abbot Kinney Boulevard, Top Floor
Venice, CA 90291
310 578 5305 x234
Fax 310 578 5307
Web www.ada2uru.com
Email mbgadaauru.com
Property ADA Compliance Inspections
Expert ADA Consulting
ADA Legal Support- Expert Witnesses
Governmental and Public Relations
State and Federal Compliance
A�
�►ra�,
At ds
g �A
supportCc adaconsultants.com
http://www.adaconsultants.com/
DAC is a consulting firm serving Government, Schools, and Private organizations.
Exclusive producers and distributors of Accessibility Database Management Systems
software (ADMS). NOTE: To make sure you are using an official DAC product, look for
the "Official DAC Product" seal of quality.
ACCESS Unlimited
PO Box 2245
Santa Barbara, CA 93120-2245
(805) 963-0221 Voice/Text
Fax: (805) 963-6060
Cell: (805) 680-2245 Voice / Text via Relay Service
E-mail Biz: pmr e,accessunitd.com
www.accessunitd.com/
Assisting public entities, private businesses and other professionals create, manage and
market accessible and usable Architectural, Communication, Employment, Hospitality
& Transportation Environments
Irion Facilities Management
1000 Elderberry Court
Santa Paula, California 93060
(805) 933-1887 Office
(805) 525-0304 Fax
irionnwirion.com
The purpose of the survey is to determine the degree of compliance of existing facilities
with ADA Title III standards. The survey and report are intended to act as a guide to
assist in determining what maybe readily
William E. Endelman, AIA, Principal
ENDELMAN & ASSOCIATES PLLC
Accessibility Consulting / Project Management /
Universal Design
1521 17TH Avenue East
Seattle, WA 98112
(206) 320-0708 / Fax: (206) 322-8012
http://www.endelman.com/
billkendelman.com
We are licensed architects (WA, CA, NCARB) specializing in facility accessibility
consulting. We have over 44-million sq. ft. of ADA Survey experience throughout the
West using custom survey software. Services include surveys, transition plans,
accessibility design reviews of design and construction documents, expert witness
services, FHA compliance reviews, universal design and project management.