HomeMy WebLinkAboutContracts & Agreements_86-2002AGREEMENT TO FURNISH ARCHITECTURAL SERVICES FOR CITY OF REDLANDS
AMERICAN DISABILITI H S ACT (ADA) ACCESSIBILITY STUDY
This Agreement is made and entered into this 4th day of June, 2002, by and between the
City of Redlands, a municipal corporation ("City") and Equal Access ADA Consulting Architects,
Inc. ("Consultant").
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
1.1
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
City hereby engages Consultant to study the accessibility of City -owned facilities, prepare
a City-wide Transition Plan report and perform Self -Evaluation services, all in relation to
the Americans' with Disabilities Act and as further described in Exhibit "A" which is
attached hereto and incorporated herein by this reference (the "Services").
1.2 The Services performed by Consultant under this Agreement shall be done in a professional
manner and Consultant represents that it is skilled and has the professional expertise
necessary to provide high quality Services to City at the level of competency presently
maintained by other practicing professional consultants in the industry providing similar
types of services.
ARTICLE 2 - RESPONSIBILII IES OF CONSULTANT
2.1 The specific Services which Consultant shall perform are more particularly described in
Exhibit "A," entitled "Architectural Services for City of Redlands ADA Accessibility
Study."
2.2 Consultant shall abide by all applicable Federal, State and local rules, laws and regulations
in its performance of the Services, including but not limited to all applicable Labor Code
and prevailing wage laws.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City will provide access to and make all provisions for Consultant to enter upon City -owned
property as required by Consultant to perform the Services.
3.2 City will designate in writing a person to act as City's representative with respect to the
Services and such person shall be authorized to transmit instructions, receive information
and interpret and define City's policies and decisions with respect to the Services provided
under this Agreement.
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ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner in accordance with
the schedule attached hereto and incorporated herein by reference as Exhibit "B," entitled
"Project Schedule for the City of Redlands ADA Accessibility Study."
ARTICLE 5 - PAYMENT AND NOTICE
5.1 For the performance of the Services, City will pay Consultant a fee not to exceed $71,760
in accordance with Exhibit "C," which is attached hereto and incorporated herein by this
reference.
5.2 Payments by City to Consultant shall be made within 30 days after receipt and approval of
Consultant's invoice, by warrant payable to Consultant.
5.3 All notices, invoices and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, invoices and payments sent by mail should be addressed as
follows:
City:
Consultant:
Bill Hemsley, Civil Engineer
City of Redlands
Public Works Department
PO Box 3005
Redlands, CA 92373
Beb-Ew-ans.
Equal Access, Ai i} Cztostit_T/iJU fi1zc-W, r12-c , )NL•
555 Front Street, No. 501
San Diego, CA 92101
When so addressed, such notices shall be deemed given upon deposit in the United States mail. In
all other instances, notices, invoices and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices,
invoices and payments are to be given by giving notice pursuant to this paragraph.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Consultant for the duration
of this Agreement, and shall be primary with respect to City and non-contributing to any
insurance or self-insurance maintained by City. Consultant shall not perform any Services,
pursuant to this Agreement, unless and until all required insurance listed below is obtained
by Consultant. Consultant shall provide City with Certificates of Insurance and
endorsements evidencing such insurance prior to commencement of the Services.
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6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout the duration of this Agreement in an amount which
meets the statutory requirement with an insurance carrier acceptable to the City.
Such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by the City. The insurance policy shall include a provision
prohibiting cancellation of said policy except upon thirty (30) days prior written
notice to City. Certificates of Insurance shall be delivered to City within fifteen (15)
days of execution of this Agreement or prior to commencement of work, whichever
occurs first.
B. Consultant expressly waives all rights to subrogation against City, its officers,
employees and volunteers for losses arising from work performed by Consultant for
City by expressly waiving Consultant's immunity for injuries to Consultant's
employees and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by or on behalf of any
employee of Consultant. This waiver is mutually negotiated by the parties. This
shall not apply to any damage resulting from the sole negligence of City, its agents
and employees. To the extent any of the damages referenced herein were caused by
or resulted from the concurrent negligence of City, its agents or employees, the
obligations provided herein to indemnify, defend and hold harmless is valid and
enforceable only to the extent of the negligence of Consultant, its officers, agents
and employees.
6.3 Hold Harmless and Indemnification. Consultant shall indemnify, hold harmless and defend
City and its elected officials and employees from and against any and all claims, losses or
liability, including attomey's fees, arising from injury or death to persons or damage to
property occasioned by any omission or failure of Consultant, its officers, agents and
employees in performing the Services required by this Agreement. Consultant's obligations
under this provision shall not be limited in any way by any terms of this agreement, or any
insurance limits.
6.4 Assignment and Insurance Requirements. Consultant is expressly prohibited from
subletting or assigning any of the services covered by this Agreement without the express
written consent of City. In the event of mutual agreement between parties to sublet a
portion of the Services, the Consultant will add the subcontractor as an additional insured
and provide the City with the insurance endorsements prior to any work being performed by
the subcontractor. Assignment does not include printing or other customary reimbursable
expenses that may be provided in this Agreement.
6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the duration of this Agreement comprehensive general liability insurance with
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carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per
occurrence and two million dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and
the insurance policy shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to City. Such insurance shall be primary and non-
contributing to any insurance or self-insurance maintained by City. Certificates of insurance
and endorsements shall be delivered to City within fifteen (15) days of execution of this
Agreement prior to commencement of the work, whichever occurs first.
6.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout the duration of this Agreement in the amount of one million dollars
($1,000,000) per claim made. The consultant, in lieu of obtaining an endorsement
extending the reporting period twelve (12) months beyond the current policy expiration date
of May 13, 2003, will provide the City with a certificate of liability insurance and
endorsement for the next twelve (12) month policy period of May 13, 2003 - May 13,
2004. Certificate of liability insurance and endorsement shall be delivered to City within
fifteen (15) days of execution of this Agreement or prior to commencement of work,
whichever occurs first.
6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of one million ($1,000,000) per occurrence, combined single limit for
bodily injury liability and property damage liability. This coverage shall include all
Consultant owned vehicles used on the project, hired and non -owned vehicles, and
employee non -ownership vehicles. City shall be named as an additional insured and a
certificate of insurance shall be delivered to City within fifteen (15) days of execution of
this Agreement or prior to commencement of work, whichever occurs first.
ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing party shall, in addition to any costs and other relief, be
entitled to recover its reasonable attorneys' fees.
7.2 Consultant's key personnel proposed for this project is as follows:
Bob Evans
W. Stephen McCarthy
Consultant agrees that these key personnel will be made available and assigned to City's
Project, and that they will not be replaced without concurrence from City.
7.3 All documents, records, drawings, electronic data files and data base, photographic prints
and negatives, designs and specifications, cost estimates, and other Project documents
developed by Consultant pursuant to this Agreement and all copyrigiht interest Consultant
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has in such above described documents shall become the property of City and shall be
delivered to City upon completion of the Services. City acknowledges such documents are
instruments of Consultant's professional services. City agrees to indemnify, defend, and
hold Consultant harmless from and against any claims, costs, losses and damages as a result
of City's misuse of such drawings, specifications whether in print or in electronic form.
7.4 Consultant and City agree that Consultant is, for all purposes under this Agreement, an
independent contractor with respect to the services provided pursuant to this Agreement and
not an employee of City. All qualified personnel provided by Consultant pursuant to the
provisions of this Agreement are to be employed by Consultant for its account only, and in
no event shall Consultant or any personnel retained by it be deemed to have been employed
by City or engaged by City for the account of or on behalf of City. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between
the parties.
7.5 Unless earlier terminated as stipulated below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
7.6 This Agreement may be terminated by the City, without cause, by providing twenty (20)
days prior written notice to the Consultant (delivered by certified mail, return receipt
requested) of intent to terminate. City shall have no liability for any claims, damages or
losses resulting to Consultant as a result of any exercise by City of its right to terminate this
Agreement.
7.7 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services
and (2) deliver or otherwise make available to City, copies of any data, design calculations,
drawings, specifications, reports, estimates, summaries, and such other information and
materials as may have been accumulated by Consultant in performing the Services required
by this Agreement. Consultant shall be compensated on a pro-rata basis for any work
completed up until notice of termination.
7.8 This Agreement, including the attachments incorporated herein by reference, represents the
entire agreement and understanding between the parties and any prior negotiations,
proposals or oral agreements are superseded by this written Agreement. Any amendment to
this Agreement, to be effective, shall be in writing and approved by the City Council of City
and signed by City and Consultant.
7.9 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
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IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
By� (city lerk 7(
Mayor
Date June 4, 2002
Equal Access ADA Consulting Architects, Inc.
ea/lIC
By
Stc�J11C11 M Cai lhy-
o b u>�r?.
Date
June 4, 2002
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EXHIBIT "A"
ARCHITECTURAL SERVICES FOR THE CITY OF REDLANDS ADA
ACCESSIBILITY STUDY
PROJECT DESCRIPTION
PHASE 1
Study the Accessibility of the City of Redlands A.K. Smiley Library, Civic Center,
Community Center, Hillside Memorial Park, Joslyn Senior Center, Police
Department Annex, and the Police Department Safety Hall
Following is a detailed Scope of Work:
A. Participate in the Following Meetings:
1. Kick-off meeting
The Consultant shall meet with the CITY staff to go over the project
schedule, scope, and other issues.
2. Report Review
The Consultant shall meet with the CITY staff to go over the final
submittal.
3. Other Meetings
The Consultant shall attend other meetings as directed by CITY staff and
shall be compensated on a time and materials basis.
. Conduct Site Survey
The Consultant shall visit each site and document the physical features that effect
handicapped accessibility from the parking for the facility to any point in the
building designated to be open to the public. At a minimum, the following
information should be obtained:
1. The grades from the parking area to the building entry shall be measured.
2. The parking lots, loading areas, and sidewalks shall be evaluated.
3. The door opening sizes shall be measured and the door hardware shall be
checked.
4. The service counter height shall be measured.
S. The pathway to the bathroom and the bathroom shall be measured.
6. At least two workstations at buildings with workstations shall be measured.
7. Stairs should be evaluated for the proper marking, signage, dimensions, and
handrail position.
8. The elevator at the City Council Chambers building shall be evaluated.
9. Digital pictures should be taken of each site to provide a pictorial
documentation of the evaluation.
10. Any other information needed to evaluate the handicapped accessibility of the
building shall be obtained.
Part of the survey will include interviewing the appropriate CITY personnel to
determine what portions of each building should be handicapped accessible.
C. Prepare Evaluation Report
1. Executive Summary
The Consultant shall write an executive summary which summarizes the
survey results and provides recommendations for bringing the existing
CITY building up to the latest ADA code.
2. Building ADA Accessibility Evaluation
The evaluation should discuss existing conditions and state reasons that the
building is out of compliance with ADA. This section of the report should
include pictures of those portions of the buildings that require upgrading. A
separate section shall be provided for each CITY building.
3. Recommendations to Improve Buildings to Comply with ADA
Requirements
Recommendations shall be made to bring those buildings which do not
currently meet ADA requirements into compliance. A separate section shall
be provided for each CITY building that is out of ADA compliance.
4. Detailed Cost Analysis
A detailed cost estimate shall be provided for each CITY building that is
out of ADA compliance. The consultant shall work with the CITY staff to
determine recent building costs. The analysis should include design and
construction costs.
The CITY shall provide building plans (if they are available) to the consultant to use in
the evaluation.
D. Project Administration
1. Project Management
Attend meetings with the CITY PROJECT MANAGER and other CITY
staff as mentioned above. The Consultant shall prepare minutes of each
meeting and distribute them to the attendees.
2. Cost Accounting
The Consultant shall prepare monthly reports of expenditures for the
project by task. Expenditures include direct labor costs, other direct costs
and subconsultant costs. These reports will be included as supporting data
for invoices presented to the CITY each month.
3. Scheduling
With two weeks from the Notice to Proceed, the Consultant shall provide a
detailed project schedule, which indicates milestones, major activities and
delivery dates to the CITY for review. This schedule will include
necessary review times for all agencies involved.
4. Quality Control
The report will be subject to quality control review at completion. Any
changes that result from the review are the responsibility of the consultant
and no additional compensation will be made therefore.
5. Final Report
The final report will incorporate all review comments from the CITY. The
Consultant shall deliver one electronic copy and 10 paper copies of the
report to the CITY.
PHASE 2
The same scope of service as Option 1 studying the Accessibility of the City of
Redlands Animal Control Shelter, Avice Meeker Sewall Theatre, Carriage House,
Corporate Yard, Redlands Bowl, Horace Hinkley, Henry Tate Treatment Plant,
A
Wastewater Treatment Plant, California Street Landfill, and Highland Avenue Water
_ Treatment Plant
PHASE 3
Prepare a Transition Plan for the City of Redlands including a survey of public parks,
public parking lots, and a representative sample of 300 street intersections and
associated sidewalks. The Transition Plan will be a bound report with an executive
summary, project description, suggested modifications, cost estimates, and prioritizing.
PHASE 4
Prepare a Self Evaluation for the City of Redlands evaluating each of the City
departments for effectively communicating and serving the handicapped population.
EXHIBIT "B"
PROJECT SCI-l11,DULE
FOR
1'HE CITY OF REDLANDS ADA ACCESSIBILITY STUDY
The project schedule is as follows:
Notice to Proceed: May 28, 2002
Complete Phases 1 & 2: June 28, 2002
Complete Phase 3: July 29, 2002
Complete Phase 4: August 30, 2002
EXHIBIT "C"
PROJECT COSTS PER PHASES OF WORK
CITY OF REDLANDS ACCESSIBILITY STUDY
PHASE 1
1. A.K. Smiley Library 6. Police Department Annex
2. Civic Center 7. Police Department Safety
3. Community Center Hall
4. Hillside Memorial Park
5. Joslyn Senior Center
Scope of work and associated fees:
A. Meetings:
1. Kick off meeting- 3 hours travel @ $90/hr.-
2 hours meeting @ $180/hr.-
Kick off meeting total Subtotal-
2. Report Review mtg.-3 hours travel @ $90/hr.-
3 hours meeting @ $180/hr.-
Report Review total Subtotal-
$ 270
$ 360
$ 630
$ 270
$ 540
$ 810
3. Other meetings will be billed on a time and material basis at $90/hr. for travel
and $180/hr. for meeting time.
B. Site Surveys:
1. The seven facilities noted above will be visited to observe
architectural barriers for a fixed fee of -
33 hours @ $120/hr.-
Site Surveys Subtotal-
$ 3,960
C. Field Documentation Report:
1. Executive Summary-
Writing-
Clerical-
2. Buildings Evaluation-
Writing-
Clerical -
Photo input-
3. Recommendations-
Writing-
Clerical-
10 hours @ $180/hr.-
8 hours @ $ 50/hr.-
10 hours @ $180/hr.-
12 hours @ $ 50/hr.-
10 hours @ $ 50/hr-
10 hours @ $180/hr.-
12 hours @ $ 50/hr.-
$ 1,800
$ 400
$ 1,800
$ 600
$ 500
$ 1,800
$ 600
4. Cost Analysis -
Please note that costs cannot be detailed at this stage of analysis. There are
many factors that will affect costs including method and approach to
modifications construction; bidding environment at the time of construction;
unknown architectural design and detailing; unknown existing conditions such
as structural, and utilities; and grouping of construction projects.
Preliminary cost estimating-
10 hours @ $180/hr.-
Clerical- 10 hours @ $ 50/hr.-
Field Documentation Report Subtotal-
D. Project Administration:
1. Project Management -8 hours @ $180/hr.-
(In addition to meetings noted in paragraph "A" above)
2. Cost Accounting-
3. Scheduling-
Clerical-
4. Quality Control-
5. Final Report-
Clerical-
4 hours @ $180/hr.-
6 hours @ $180/hr.-
4 hours @ $ 50/hr.-
6 hours @ $180/hr.-
8 hours @ $180/hr.-
10 hours @ $ 50/hr.-
Project Administration Subtotal -
PHASE ONE TOTAL-
$ 1,800
$ 500
$ 9,800
$ 1,440
$ 720
$ 1,080
$ 200
$ 1,080
$ 1,440
$ 500
$ 6,460
$21,660
PHASE 2
Site visits to each of the following City of Redlands facilities to document existing
conditions as they relate to the Americans with Disabilities Act Accessibility Guidelines
(ADAAG) and if applicable, California Title 24:
A. Site visits:
2. Animal Control Shelter Plant
3. Avice Meeker Sewall 9. Wastewater Treatment
Theatre
4. Carriage House
5. Corporate Yard
6. Redlands Bowl
7. Horace Hinkley
8. Henry Tate Treatment
Plant
10. California Street Landfill
11. Highland Avenue Water
Treatment Plant
Site visits @ 3 hours each- 30 hours @ $120/hr. subtotal-
B. Field Documentation Report:
1. Executive Summary-
Writing-
Clerical-
8 hours @ $180/hr.-
6 hours @ $ 50/hr.-
2. Buildings Evaluation-
Writing- 6 hours @ $180/hr.-
Clerical- 6 hours @ $ 50/hr.-
Photo input- 10 hours @ $ 50/hr-
3. Recommendations-
Writing-
Clerical-
l0 hours @ $180/hr.-
6 hours @ $ 50/hr.-
$ 3,600
$ 1,440
$ 300
$ 1,080
$ 300
$ 500
$ 1,800
$ 300
4. Cost Analysis -
Please note that costs cannot be detailed at this stage of analysis. There are many
factors that will affect costs including method and approach to modifications
construction; bidding environment at the time of construction; unknown architectural
design and detailing; unknown existing conditions such as structural, and utilities;
and grouping of construction projects.
Preliminary cost estimating-
10 hours @ $180/hr.-
Clerical- 8 hours @ $ 50/hr.-
Field Documentation Report Subtotal-
C. Project Administration:
5. Project Management - 4 hours @ $180/hr.-
(In addition to meetings noted in Phase 1)
$ 1,800
$ 400
$ 7,920
$ 720
2. Cost Accounting- 4 hours @ $180/hr.-.
3. Scheduling-
4. Quality Control- 4 hours @ $180/hr.-
5. Final Report- 6 hours @ $180/hr.-
Clerical- 10 hours @ $ 50/hr.-
Project Administration Subtotal -
PHASE TWO TOTAL-
$ 720
$ 0
$ 720
$ 1,080
$ 500
$ 3,740
$15,260
PHASE 3
Provide site visits and reports for parks, parking lots, and street intersections:
A. Site visits to the following:
1. 11 parks:
2 hours each- 22 hours @ $120/hr.- $ 2,640
2. 300 street intersections/sidewalks-
30 hours @ $120/hr.- $ 3,600
3. Parking lots- Assuming 10 lots-
15 hours @ $120/hr.- $ 1,800
Site visits subtotal- $ 8,040
B. Transition Plan report including, executive summary,
recommendations. cost estimates.
Transition Plan Report subtotal -
PHASE THREE TOTAL-
$ 6,800
$14,840
PHASE 4
Self Evaluation Services- $20,000
PHASE FOUR TOTAL- S20,000
ENTIRE PROJECT TOTAL- $71,760
Reimbursable expenses-
Lodging- 30 nights @ $90/ night -
Printing- Allowance-
$ 2,700
$ 400
Bills and Salaries - On motion of Councilmember George, seconded by
Councilmember Peppier, payment of bills and salaries was acknowledged.
Budget Workshops - On motion of Councilmember George, seconded by
Councilmember Peppier, the City Council unanimously acknowledged receipt
of the; schedule for the remaining workshops for the proposed 2002-03 budget.
Planning Commission Actions - On motion of Councilmember George,
seconded by Councilmember Peppier, the report of the Planning Commission
meeting held on May 28, 2002, was acknowledged as received.
Compensation - City Clerk and City Treasurer - On motion of Councilmember
George, seconded by Councilmember Peppier, the City Council unanimously
approved an extension of benefits and salary as contained in the recently
approved Memorandum of Understanding with the Redlands Association of
Management Employees for the positions of City Clerk and City Treasurer. It
was noted this approval also memorializes existing vehicle allowances for both
elective positions.
Ordinance No. 2491 - Commission and Advisory Boards - Ordinance No. 2491,
an ordinance of the City of Redlands amending Title 2 of the Redlands
Municipal Code relating to commission and advisory boards, was unanimously
adopted on motion of Councilmember George, seconded by Councilmember
Peppier.
Funds Agreement - ADA Accessibility Study - On motion of
Councilmember George, seconded by Councilmember Peppier, the City
Council unanimously approved a consulting services agreement with Equal
Access ADA Consulting Architects, Inc. for the City of Redlands'
Accessibility Study and authorized an additional appropriation in the
amount of $74,860.00 from the General Fund to pay for said study.
Resolution No. 6037 - CDBG Program - On motion of Councilmember George,
seconded by Councilmember Peppier, the City Council unanimously adopted
Resolution No. 6037, a joint resolution with the County of San Bernardino
authorizing a request to the U. S. Department of Housing and Urban
Development (HUD) for metropolitan city/urban county joint recipient status
under the Community Development Block Grant (CDBG) Program.
Agreement - CDBG Program - On motion of Councilmember George, seconded
by Councilmember Peppier, the City Council unanimously approved a
cooperation agreement with the County of San Bernardino for Community
Development Block Grant (CDBG) funds for fiscal years 2003-04, 2004-05, and
2005-06.
Contract Award - Speed Bumps - Bids were opened and publicly declared on
May 23, 2002, by the City Clerk for the installation of speed bumps on Ramona
June 4, 2002
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