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RPVCCA_CC_SR_2013_10_15_C_RPV_Accessibility_Transition_Plan_ImplementationCrTYOF MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: DATE: SUBJECT: LES JONES, INTERIM DIRECTOR OF PUB~~ OCTOBER 15, 2013 u - CITY OF RPV ACCESSIBILITY TRANSITION PLAN IMPLEMENTATION -PHASE ONE (SUPPORTS 2013 CITY COUNCIL GOAL No. 4, PUBLIC INFRASTRUCTURE) REVIEWED: CAROLYN LEHR, CITY MANAGER QQ__ Project Manager: Siamak Motahari, Senior Engineer d)/ RECOMMENDATIONS 1. Award contract to Creative Design Associates, Inc. to provide plans, specifications and cost estimate for City of Rancho Palos Verdes Accessibility Transition Plan Implementation (Phase One) in the amount not to exceed $36,800 and authorize staff to spend up to a maximum of $3,680 (10% allowance) for possible additional design work, for a total authorization of $40,480. 2. Authorize the Mayor and the City Clerk to execute the contract with Creative Design Associates, Inc. · BACKGROUND The Americans with Disabilities Act (ADA), which was signed into law on July 26, 1990, required full compliance by all public agencies by 1995. To date, public agencies, particularly cities, have failed to meet the initial deadline. Generally speaking, sanctions for non-compliance have been civil in nature. Additionally the U.S. Department of Justice (DOJ) has initiated "Project Civic Access", a random public agency audit, to encourage a more serious approach by public agencies to comply with the federal law. When problems are identified, communities often have negotiated and implemented a settlement agreement with the DOJ that will direct their future obligations to construct corrective projects. There are two primary steps a city must follow to comply with the ADA: C-1 1. The City must prepare a program to implement remedies that address identified physical barriers and to ensure access by persons with disabilities to the programs, activities, and services offered by the City. This program Includes preparation of a 'Self-Evaluation' report for all City facilities with respect to accessibility, and, a 'Transition Plan' to schedule and fund implementation of corrective work to achieve ADA compliance. 2. The City must implement the plan through steps including necessary repair and/or construction. Staff followed step one by preparing the Citywide Accessibility Self Evaluation through a consultant and on June 4th, 2013, presented it to the City council for adoption. The City Council did adopt the plan and also approved a budget of $400,000 in FY 13-14 for phase one of the Transition Plan implementation which includes items identified as 'Potential Safety Hazard' and 'Severe I Complete Barrier to Access'. DISCUSSION Creative Design Associates. Inc. Professional Services Agreement (Design) In July of 2013, staff sent a request to seven consultants to submit their statement of qualifications for the design of the subject projects. Four consultants submitted their qualifications. A panel consisting of three staff members reviewed the respondents' general background, qualifications and specific skills pertinent to this type of projects and found Creative Design Associates, Inc. to be the most qualified design firm for this project. The evaluation was based on experience of the firms in providing similar services, relevant experience of individual team members assigned to the project, understanding of the project, ability to perform duties within budget, previous services provided to the City and other clients on the Palos Verdes Peninsula by the firms and/or team members assigned to the project. The process of selection of the design firm was in accordance with guidelines of the Brooks Act, also known as Qualification Based Selection, Public Law 92-582. According to these guidelines, Staff took the next step to discuss and finalize the details of the scope of design work with the finalist consultant and asked for a fee proposal for the agreed upon scope. The proposed fee is in the amount of $36,800. For what is included in the final detailed scope of a quality design work, and engineering and architecture required for the design, Staff finds this fee to be reasonable and within industry standards. Scope of Work The scope of the project design work will address items identified as 'Potential Safety Hazard' (Level A severity) and 'Severe I Complete Barrier to Access' (Level B Severity),as listed in Exhibit "A" of the attached agreement, at the following locations: 1-Hesse Park (Building & Parking Lot) 2-Ladera Linda Community Center (Playgrounds only) 3-Point Vicente Interpretive Center (Building & Amphitheater) 4-Ryan Park (Grounds & Office Building) C-2 Schedule According to the timeline provided for the project, implementation will begin soon after the Professional Services Agreement is authorized by the City Council and a Notice to Proceed is Issued, and will occur in the following phases: • Engineering Design 3 months • Bidding & Contract Award: 2 months • Construction: 4 months CONCLUSION Awarding the contract will allow Creative Design Associates, Inc. to begin preparing the necessary architectural and engineering plans for construction work of the projects. FISCAL IMPACT The City Council's approval tonight will obligate $36,800 of the total budget allocated for the project. The $3,680 allowance, which is a potential budget obligation, may be used only with prior written approval from the City and merely for unforeseen conditions that may require additional design work. Attachment: Professional Services Agreement with Creative Design Associates, Inc. C-3 CITY OF RANCHO PALOS VERDES DESIGN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this fifteenth day of October, 2013, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and Creative Design Associates, Inc. (hereafter referred to as "CONSULT ANT"). IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1 .1 Project Description The Projects are collectively described as the Rancho Palos Verdes Accessibility Transition Plan Implementation -Phase 1. 1 .2 Description of Services CONSULTANT shall perform field inventory, site analysis and review, design development, prepare construction plans specifications and cost estimate (PS&E), and provide construction administration services during bidding and construction, as further described in the CONSULT ANT's Proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated documents, the terms of this Agreement shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSUL TANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSUL TANT shall not be responsible for delay, nor shall CONSULT ANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULT ANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSUL TANT's control or without CONSULT ANT's fault. 2.1 Fee ARTICLE 2 COMPENSATION CITY agrees to compensate CONSUL TANT an amount not to exceed thirty six thousand Page 1 of 11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services C-4 eight hundred dollars ($36,800) for services as described in Article 1. 2.2 Terms of Compensation CONSULTANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSULT ANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSUL TANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSUL TANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. 2.3 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Director of Public Works prior to commencement. CONSUL TANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSUL TANT's Schedule of Charges for Architects, Engineers and Consultants Personnel Hourly Rates, which is within Exhibit "A." The rates in Exhibit "A" shall be in effect through the end of this Agreement. 2.4 Term of Agreement This Agreement shall commence on October 16, 2013, and shall terminate on October 15, 2014, unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification. Hold Harmless. and Duty to Defend (a) Indemnity for Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, CONSUL TANT shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and designated volunteers (collectively, "lndemnitees"), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not Page 2of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services C-5 limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of CONSUL TANT or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. (b) Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Section 3.1(a), and to the maximum extent permitted by law, CONSULTANT shall defend, hold harmless and indemnify the lndemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of CONSUL TANT or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY, as determined by final arbitration or court decision or by the agreement of the parties. CONSUL TANT shall defend lndemnitees in any action or actions filed in connection with any such Damages with counsel of CITY's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 3.1 (b) shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of lndemnitees. ( c) All duties of CONSULT ANT under Section 3.1 shall survive termination of this Agreement. 3.2 General Liability CONSUL TANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSULT ANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability CONSUL TANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate for errors and/or omissions of CONSUL TANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of Page 3of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services C-6 performance of work or services on the CITY's behalf until three (3) years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSUL TANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. 3.5 Worker's Compensation CONSUL TANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSUL TANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSULTANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (b) CONSUL TANT agrees that it will not cancel or reduce any required insurance coverage. CONSULT ANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSUL TANT's expense, the premium thereon. 3. 7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSULT ANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers, agents and Page 4of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services C-7 employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSULT ANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time, with or without cause, by the CITY upon thirty (30) days prior written notice or by CONSUL TANT upon ninety (90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.14. (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, CONSUL TANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULT ANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULT ANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire,'' and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSUL TANT shall not obtain or attempt to obtain copyright protection as to any Written Products. Page 5of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services C-8 CONSUL TANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULT ANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSUL TANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in anyway related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULT ANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSUL TANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Projects, the CONSULT ANT shall deliver to the CITY all Written Products and other deliverables related to the Projects without additional cost or expense to the CITY. If CONSUL TANT prepares a document on a computer, CONSUL TANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. 6.1 Representation ARTICLE 6 GENERAL PROVISIONS The CITY representative shall be the Director of Public Works or his or her designee, and CONSUL TANT shall notify CITY of CONSUL TANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. Page 6of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services C-9 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSUL TANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). 6.3 Personnel CONSULT ANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULT ANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSUL TANT shall make reasonable efforts to maintain the continuity of CONSUL TANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULT ANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSUL TANT be responsible for its associates and subcontractors' services. 6.4 CONSUL TANT's Representations CONSUL TANT represents, covenants and agrees that: a) CONSUL TANT is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSUL TANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSUL TANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.5 Conflicts of Interest CONSUL TANT agrees not to accept any employment or representation during the term of this Agreement or within twelve ( 12) months after completion of the work under this Agreement which is or may likely make CONSUL TANT "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULT ANT has been retained pursuant to this Agreement. Page 7of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services C-10 6.6 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. ( c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSUL TANT was negligent, CITY shall compensate CONSUL TANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6. 7 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSUL TANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSUL TANT shall hold harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSUL TANT may use the services of persons and entities not in CONSUL TANT's direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSUL TANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSUL TANT notifies the CITY in advance. 6.8 Independent Contractor CONSUL TANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSUL TANT or any of the CONSUL TANT's employees, except as herein set forth, and CONSUL TANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSUL TANT wishes except as expressly provided in this Agreement. CONSULT ANT shall have no power to incur any debt, obligation, or liability on behalf of the Page 8of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services C-11 CITY or otherwise act on behalf of the CITY as an agent. CONSUL TANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSUL TANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSUL TANT shall fully comply with the workers' compensation law regarding CONSUL TANT and its employees. CONSULT ANT further agrees to indemnify and hold the CITY harmless from any failure of CONSULT ANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSUL TANT under this Agreement any amount due to the CITY from CONSUL TANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.9 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.10 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSUL TANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.11 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.12 Non-Waiver of Terms. Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSULT ANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSUL TANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. Page 9of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services C-12 6.13 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.14 Notice Except as otherwise required by law, any payment, notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during CONSUL TANT's or CITY's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Les Jones, Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Glenn K. Dea, Vice President Creative Design Associates, Inc. 17528 E. Rowland St. City of Industry, CA 91748 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: ___________ _ Page 10of11 R6876-0001\134 7704v1 .doc Agreement for Design Professional Services CREATIVE DESIGN ASSOCIATES, INC. ("CONSUL TANT") By: ____________ ~ Printed Name: --------- Title: -----------~ By: ____________ ~ Printed Name: --------- Title: -----------~ C-13 Dated: ___________ _ ATTEST: By:~-----------~ City Clerk Page 11 of 11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services CITY OF RANCHO PALOS VERDES, ("CITY") By: ____________ ~ Mayor APPROVED AS TO FORM: By:~-----------~ City Attorney C-14 CD/A CREATIVE DESIGN ASSOCIATES September 18, 2013 Siamak Motahari, P.E. Senior Engineer Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes CA 90275 Re: Fee Proposal EXHIBIT A 0: [626]913-8101 F: [626]913-8102 W: www.cda-arc.com Creative Design Associates, Inc. 17528 E. Rowland St. City of Industry, CA 91748 Rancho Palos Verdes Accessibility Transition Plan Implementation -Phase 1 Dear Mr. Motahari: We are pleased to submit this fee proposal to provide professional services on behalf of the City of Rancho Palos Verdes as described below: Scope of Project: The project sites include the following: (DESIGN ITEMS LISTED ON ATTACHMENTS 1, 2, 3 &4) !Fred Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 ILadera Linda Park 32201 Forrestal Drive Rancho Palos Verdes, CA 90275 Lower Point Vicente Park 31501 Palos Verdes Drive West Rancho Palos Verdes, CA 90275 Robert E. Ryan Park 30359 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 1. Various City Parks and Facilities The Project shall consist of accessibility improvements at various City Parks and Buildings for items identified as "potential hazard" or "severe" in the City's ADA Transition Plan. There may be instances when removal of a high priority barrier will necessarily include removal of a lower priority barrier at the same location. The Project therefore may consist also of accessibility improvements that address both high and lower priority items at the same location, thereby generating economies of scale and potential cost savings by grouping both high and lower priority improvements into discrete facility-specific projects. The Project shall require the development of manageable construction document packages to facilitate Exhibit A C-15 City scheduling priorities and efficient review and processing by jurisdictional authorities. The conceptual cost estimate of these improvements is $330,000.00. Scope of Services: 1. Various City Parks and Facilities The Consultant shall provide complete professional services for project management during design and engineering, bidding, and construction contract award phases including architecture, engineering and landscape architecture design services as necessary for the scope of work, preparation of plans, specification and cost estimates, construction support services and clerical/document control services for the projects. The project(s) shall be designed and processed for approval by the Community Development Department I Building and Safety Division. The City will direct the Consultant to participate in early pre-design dialogue with the CDD/BSD to confirm submittal requirements, clarify specific code requirements, and obtain CDD/BSD's estimated schedule for initial review and back check. Basic Services: CDA's Basic Services shall be consistent with the Agreement between the City and CDA and shall include normal Architectural Services. These normal Architectural Services are further defined below: • • • • • • Design accessibility improvements, based on the City RFP's Project Description and Requirements; visual observations from site visits; information obtained from CDD/BSD representatives, and a review of existing construction drawings of the sites. Architecture -Prepare site plans for architectural exterior ADA improvements, parking and striping plans, and detail sheets. Prepare building plans for architectural interior ADA improvements, enlarged plans, and detail sheets. Architecture and Engineering (General) -The principals and project managers for the architecture, engineering, and consulting firms involved in this project shall be licensed in their respective fields by the State of California if such licensing requirements are applicable to them. Civil Engineering -Precise Grading Plan (for selected sites): Prepare a finish grading and drainage plan for the ADA path of travel. Plan will be prepared using site layout provided by others. Plans will be prepared to join existing grades, and will be coordinated with the adjacent improvements. Landscape Architecture -Playground Renovation: Prepare plans for replacement of play equipment at Ladera Linda Park with equipment that is ADA accessible. Structural Engineering Provide design calculations and sketch details for CDD/BSD submittal: o ADA Compliant maneuvering space at doors in framed walls o Attaching DF & fire extinguisher cabinet to block walls Exhibit A C-16 • • • • o Attaching casework to block walls o Cutting into concrete amphitheater seating for WC space o Installing core drilled guardrail Schematic Design and Design Development services consisting of the following: a. Conduct meetings with City representatives to establish qualitatively and quantitatively the functional needs of interior and exterior areas impacted, including affected pedestrian and vehicular areas. b. Review findings with City representatives. c. Work with the City representatives to incorporate existing City standards. d. Develop alternatives for review and obtain approval of a Project Program for project areas defining the scope of improvements and functional requirements with respect to user and pedestrian circulation, fire lane access; materials and finishes selection; and infrastructure systems -mechanical, electrical, telecom/data, security, and other specialized needs. Construction Documents services consisting of the following: a. Prepare working drawings, specifications, general conditions, supplementary general conditions, special conditions, addenda, change orders, and electronic submittals developed to set forth in detail aspects of design, function and construction. The construction documents will be used for estimating the cost of the project, securing bids for constructing the project, and directing a contractor in construction of the project. b. Perform an access compliance code review of the project plans and specifications versus accessibility standards based on the Current California Building Code, the 2004 Americans with Disabilities Act (ADA) Accessibility Guidelines (as adopted into the 2010 ADA Standards), and the CDD/BSD. CDA shall make corrections required on project plans, specifications and documents prior to submission of documents to CDD/BSD. CDA shall respond to requests for corrections and/or additional information and attend all back check meetings with the checking engineer at the CDD/BSD. Construction Observation -Provide technical and oversight support during the construction installation phases of the project including but not limited to field observation, field reporting, and attendance of regular construction meetings, over a 4-month duration. Deliverables -Deliver design documents to the City . Additional Services -The City may request additional services, or may request changes in the sequence, timing, manner, or scope of services. As additional services or changes to services are requested by the City, this Agreement may be modified subject to mutual consent by execution of an addendum by authorized representative of both parties, setting forth in writing the addition or change in services to be performed, the performance time schedule, and the compensation for said services. The hourly rates as stated in the attached 2013 I 2014 I 2015 SCHEDULE OF CHARGES FOR ARCHITECT, ENGINEERS AND CONSULTANTS shall apply to such additional services. Exhibit A C-17 Limits of Services and Exclusions: Limits of services and exclusions include the following: • Reports (General)-City shall furnish such structural, mechanical, electrical, chemical, soils, and other tests, inspections and reports as required by Applicable Laws or by the Contract Documents and which are not required to be furnished by the Architect or Engineer under this Agreement or by Contractor under the Contract Documents. • Geotechnical -City shall furnish geotechnical data and reports, or employ Specialty Consultants to provide such data or reports, when reasonably deemed necessary by the Architect or Engineer, including test logs, soil classifications, soil bearing values and other data and information necessary to define subsoil conditions. • Topographic Surveys, Record Drawings, and Field Verification -It is understood that record drawings of existing improvements shall be provided by the City. The City shall furnish the Architect with an engineering survey and topography of the Site, giving (as appl!cable) grades and lines of existing improvements (such as structures, streets, alleys, pavement); rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the Site; and information in the City's possession concerning available service and utility lines, both public and private. CDA's Basic Services include review of the documents provided and field verification of readily observable existing building and site conditions. However, insomuch as improvements to existing structure(s) requires that certain assumptions be made by CDA regarding existing conditions, and because some of these assumptions may not be verifiable without the City expending additional sums of money or destroying otherwise adequate or serviceable portions of the structure( s) the City agrees to bear all costs, losses and expenses, including the cost of Architect's Additional Services, arising from the discovery of concealed or unknown conditions, or from any deficiencies or inaccuracies in any information or documentation relative to concealed conditions furnished to CDA by the City. The preparation of measured drawings may be necessary if the City cannot provide as-builts or record drawings of the existing building and site condition. Such services shall be considered supplemental services. • Hazardous Materials -CDA's professional services specifically exclude any actions related to the abatement, replacement, or removal of any environmentally hazardous product, material or process including those containing asbestos, and/or lead paint existing in the facility. Notwithstanding these provisions, it is understood the City will retain the services of an independent contractor to survey and document environmentally hazardous materials. CDA will coordinate its services with the findings of the independent contractor and shall coordinate with the independent contractor and City to include the findings and related work within the bid package for construction. CDA shall be entitled to rely upon the completeness and accuracy of the information provided by the independent contractor and shall assume no responsibility or liability for the accuracy or completeness of the information provided by the independent contractor. • Move Management-Move management services are specifically excluded. We are pleased to submit our fee proposal to provide professional services as Exhibit A C-18 described below. Compensation: Basic Services -Rancho Palos Verdes Accessibility Transition Plan Implementation -Phase 1 -CDA proposes to provide the basic services described herein for a Firm Fixed Price (FFP) of$29,200 plus applicable reimbursable expenses. Firm Discipline/ Role Fee Estimated Reimbursable Expenses Creative Design Associates Architect $11,550 $60 PennARC STUDIO Document Quality Control $1,850 $0 Manager Barbara L. Hall PE Inc. Civil Design (limited areas) $11,680 $50 and Landscape Design (Ladera uinda Park playground renovation only) Lin & Wu Engineering Structural Engineer $3,800 $0 Massey Village Enterprises Database Programmer $320 $0 Total $29,200 $110 Additional Services -Topographic Surveys -CDA proposes to provide the additional services described below for a Firm Fixed Price (FFP) of $7,600 plus applicable reimbursable expenses. Firm Discipline/ Role Fee Estimated Reimbursable Expenses Barbara L. Hall PE Inc. Pred Hesse Park -Topo $2,500 $30 Survey (limited areas) Barbara L. Hall PE Inc. Ladera Linda Park -Topo $2,500 $30 Survey (limited areas) Barbara L. Hall PE Inc. Robert E. Ryan Park -Topo $2,600 $30 Survey (limited areas) rrotal $7,600 $90 Proposed Payment Schedule: Rancho Palos Verdes Accessibility Transition Plan Implementation-Phase 1: CDA shall submit monthly invoices for the percentage of work completed in the previous month. Exhibit A C-19 Task Percentage of FFP Task "A": Field Inventory/Site Analysis Review/Design Development 25% Task "B": Design Seventy-Five Percent Construction Document Milestone 40% Ninety-Five Percent Construction Documents Milestone 65% Pinal plans to the City of Rancho Palos Verdes 70% Task "C": Project Management services during bidding and construction Preparation of response to Requests for Information (RPI) from bidders during the advertisement phase. Preparation of addenda as required. ki\ttendance at the pre-construction meeting with contractor Review and approval of project submittals 100% Additional Services: Fee Progress Payments for pre-authorized Additional Services negotiated as Lump Sum shall be based on progress as determined by the City in the exercise of its reasonable discretion. Progress Payments for authorized Additional Services to be paid at hourlyrates shall be calculated as set forth in by the Professional Services Agreement between the City andCDA. Schedule: Subject to further discussion with the City, the proposed schedule of services is outlined below: R ancho Palos Verdes Accessibility Transition Plan Implementation -Phase 1 Phase !Estimated Date Notice to Proceed (NTP) October 15, 2013 Begin Design October 15, 2013 Bid Period Begin by December 15, 2013 Start of Construction [Early-March 2014 Construction Complete lTuly 15, 2014 Qualifications We will perform these services in character, sequence and timing so that they will be coordinated with those of the project sub-consultants, and as expeditiously as is consistent with professional skill and care. We will provide these services in accordance with current, generally accepted professional practices, and it is understood that our firm makes no warranties, either express or implied, as to its findings, design, recommendations, specifications or professional advice. hnplementation of our findings, recommendations, and conclusions is not the responsibility of Creative Design Associates. With regards to information prepared and provided by others, our firm shall not be held Exhibit A C-20 responsible for the accuracy of such information or omission of pertinent information. If it is requested that we assist you with opinions of probable construction cost or rough estimates of cost, please note that our opinions represent our best judgment as professionals generally familiar with the construction industry. However, we have no control over costs or the price oflabor, equipment or materials, or over the contractor's method of pricing. Therefore, the opinions of probable construction costs or rough estimates of cost provided by our firm are made on the basis of our qualifications and experience. CDA makes no warranty or representation, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs, and/or that all items are included. Our opinions are only intended to serve as a guide from which the City can develop a proposed budget for the scope of work. We look forward to working with you on this project, and welcome any inquires you may have regarding this proposal. Thank you for this opportunity to assist the City of Rancho Palos Verdes. If you have any questions regarding this proposal, please don't hesitate to contact us at [626] 913-8101. Sincerely, Creative Design Associates, Inc. Glenn K.Dea, Architect C-26299 Certified Access Specialist (CASp-023) Vice President Accepted by: Department of Public Works City of Rancho Palos Verdes Name Signature Date Exhibit A C-21 CD/A CREATIVE DESIGN ASSOCIATES 0: [626]913-8101 F: [626]913-8102 W: www.cda-arc.com Creative Design Associates, Inc. 17528 E. Rowland St. City of Industry, CA 91748 2013 / 2014 / 2015 SCHEDULE OF CHARGES FOR ARCHITECTS, ENGINEERS AND CONSULTANTS PERSONNEL HOURLY RATES ~RCHITECT rate ENGINEER rate Principal Architect$ 185 Principal Engineer$ 175 ~A.ssociate Architect$ 185 Project Manager$ 145 Project Manager$ 130 Project/Senior Engineer$ 135 Project Designer$ 125 Engineer$ 125 Senior Designer$ 110 Designer $ 110 Senior Technical $ 100 CADD Operator $ 85 Intermediate Technical$ 85 Construction Administrator$ 115 Other Technical Staff$ 80 Word Processor/Clerical$ 70 Clerical Staff$ 70 Database Consultant $ 120 These rates apply to regular time and travel time in the continental United States. A maximum travel time of eight hours will be charged in any day. Overtime, if required in the interest of the project, will be charged at the above rates for professional personnel and at 1.5 times the above rates for other personnel. Overtime will apply to time in excess of eight hours per weekday and all time on Saturdays, Sundays and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of four hours per weekday will be made to field personnel. Reimbursable expenses are in addition to personnel rates. Exhibit "A" C-22 Travel expenses to include, but not limited to hotel, lodging, meals, cost of travel (airline tickets or mileage costs at $0.565 per mile), car rental, etc. Such expenses to be reimbursed at cost by Client. ATTACHMENT 1 HESSE PARK BUILDING AND PARKING LOT ADA COMPLIANCE LIST Keynote Location Existing Condition Additional Comments 2 Main At grade level exterior exit door, there is At ground floor door which exits to Entrance no tactile and CA Braille exit sign with exterior, provide a tactile and CA Braille the word "EXIT" mounted on the wall exit sign with the word "EXIT" mounted adjacent to the latch side of the door. on the wall adjacent to the latch side of the door. 3 Main A sign designating the permanent room Provide a new room identification sign. Entrance or space has not been provided. 4 Main Power assisted door requires more than Disable existing closer(s), and provide Entrance 15 lbs. to stop door movement. Existing new motorized door opener( s) with Condition: 20 LBF. Required to stop closer(s), operated by pedestal mounted door from closing. door control pad(s). 6 Meeting At exit access door from an interior At exit door identified with an illuminated Room room or area that is required to have a EXIT sign and leading into an exit visual exit sign, there is no tactile and corridor, hallway, or space, provide a CA Braille exit sign with the words tactile and CA Braille exit sign with the "EXIT ROUTE" mounted on the wall words "EXIT ROUTE" mounted on the adjacent to the latch side of the door. wall adjacent to the latch side of the door. 7 Meeting Bottom 1 O" of door does not have a Replace panic hardware and remove door Room smooth, uninterrupted surface on the stops. push side to allow the door to be opened by a wheelchair footrest without creating a trap or hazardous condition. (This requirement does not apply to automatic and sliding doors.) Existing Condition: Door stop and panic rod on kick plate. 8 Meeting The force required to operate door Adjust door closer so that the maximum Room exceeds 5 lbs. (Fire doors may have up operating effort required is 5 lbs. to 15 lbs. to achieve positive latching.) Existing Condition: 8 LBF. 9 Meeting The force required to activate handles, See Keynote 7 for corrective action. Room pulls, latches, locks, and other operable parts of door exceeds 5 lbs. Existing Condition: 8 LBF. 11 Meeting A sign designating the permanent room Provide a new room identification sign. Room or space has not been provided. Exhibit "A" C-23 21 Meeting Existing Condition: Fire Extinguisher Replace existing fire extinguisher cabinet Room mounted at 64" high. with compliant model in new location. 22 Meeting Operating hardware of the fire See Keynote 21 for corrective action. Room extinguisher is not accessible (I.e.: it requires tight grasping, pinching, or twisting of the wrist, or requires a force exceeding; 5 lbs.) 23 Meeting At fixed or built-in seating, tables, or Modify counter to provide accessible Room counters in public or common employee countertop height. areas, less than 5% of the provided seating spaces are wheelchair accessible and have a 30" by 48" clear space which overlaps an accessible route of travel. Existing Condition: 42" high Counter. 59 Activity Bottom 1 O" of door does not have a Provide compliant panic hardware and Room smooth, uninterrupted surface on the remove door stops. push side to allow the door to the opened by a wheelchair footrest without creating a trap or hazardous condition. (This requirement does not apply to automatic and sliding doors.) Existing Condition: Door stop and panic rod on kick plate. 60 Activity The force required to activate handles, See Keynote 59 for corrective action. Room pulls, latches, locks, and other operable parts of door exceeds 5 lbs. Existing Condition: 10 LBF. 61 Activity The force required to operate door Adjust door closer so that the maximum Room exceeds 5 lbs. (Fire doors may have up operating effort required is 5 lbs. to 15 lbs. to achieve positive latching). Existing Condition: 7 LBF. 62 Activity A sign designating the permanent room Provide a new room identification sign. Room or space has not been provided. 63 Activity Door closer is not adjusted so that from See Keynote 61 for corrective action. Room an open position of 70 degrees, the door will take at least 3 seconds to move to a point 3" from the latch (measured to the leading edge of the door.) Existing Condition: 2.65 seconds. 64 Activity At exit access door from an interior At exit door identified with an illuminated Room room or area that is required to have a EXIT sign and leading into an exit visual exit sign, there is no tactile and corridor, hallway, or space, provide a CA Braille exit sign with the words tactile and CA Braille exit sign with the "EXIT ROUTE" mounted on the wall words "EXIT ROUTE" mounted on the adjacent to the latch side of the door. wall adjacent to the latch side of the door. Exhibit "A" C-24 71 Activity Bottom 1 O" of door does not have a Remove door stop. Room smooth, uninterrupted surface on the push side to allow the door to be opened by a wheelchair footrest without creating a trap or hazardous condition. (This requirement does not apply to automatic and sliding doors.) Existing Condition: Door stop on kick plate. 72 Activity At exit access door from an interior At exit door identified with an illuminated Room room or area that is required to have a EXIT sign and leading into an exit visual exit sign, there is no tactile and corridor, hallway, or space, provide a CA Braille exit sign with the words tactile and CA Braille exit sign with the "EXIT ROUTE" mounted on the wall words "EXIT ROUTE" mounted on the adjacent to the latch side of the door. wall adjacent to the latch side of the door. 73 Activity A sign designating the permanent room Provide a new room identification sign. Room or space has not been provided. 74 Activity Door, gate, or adjacent sidelight, Replace door. Room containing one or more vision lights, does not include at least one vision light mounted with the bottom edge of the glazed panel at 43" max. AFF (Exception: Vision lights with the lowest part more than 66" AFF.) Existing Condition: 48" high Vision light. 75 Activity The force required to operate door Adjust door closer so that the maximum Room exceeds 5 lbs. (Fire doors may have up operating effort required is 5 lbs. to 15 lbs. to achieve positive latching.) Existing Condition: 10 LBF. 76 Activity The force required to activate handles, Replace door hardware with panic device. Room pulls, latches, locks, and other operable parts of door exceeds 5 lbs. Existing Condition: 10 LBF. 86 Kitchen At fixed or built-in seating, tables, or Modify counter to provide accessible counters in public or common employee countertop height. areas, less than 5% of the provided seating spaces are wheelchair accessible and have a 30" by 48" clear space which overlaps an accessible route of travel. Existing Condition: 36" high Counter. 104 Classroom Mounting height of paper towel Lower existing dispenser to 40" above the dispenser's highest operable part exceeds fmished floor. 40" AFF. Existing Condition: 49" high. Exhibit "A" C-25 105 Classroom Where provided in public or common Remove existing cabinetry, and provide use areas, countertops are not between new counter at 34" above the finished 28" -34" high. Existing Condition: 36" floor. Remove and replace sink and faucet high. with new accessible sink and faucet. Provide accessible knee clearance (i.e. at least 27" high, 30" wide, and 19" deep) under the sink. 106 Classroom Where seating for persons in See Keynote 105 for corrective action. wheelchairs is provided at table or counter, knee space is less than 19" deep. Existing Condition: No knee space. 107 Classroom Mounting height of soap dispenser's Lower existing dispenser to 40" above the highest operable part exceeds 40" AFF. finished floor. Existing Condition: 52" high. 108 Classroom At fixed or built-in seating, tables, or Modify counter to provide accessible counters in public or common employee countertop height. areas, less than 5% of the provided seating spaces are wheelchair accessible and have a 30" by 48" clear space which overlaps an accessible route of travel. Existing Condition: 36" high. 109 Classroom Door that is not automatic or power-Trim wall board to allow compliant door assisted does not have compliant maneuvering space. maneuvering space relative to the direction of approach. Existing Condition: 16 1/2" pull side to wall board. 110 Classroom Bottom 1 O" of door does not have a Remove door stop. smooth, uninterrupted surface on the push side to allow the door to be opened by a wheelchair footrest without creating a trap or hazardous condition. (This requirement does not apply to automatic and sliding doors.) Existing Condition: Door stop. 111 Classroom A sign designating the permanent room Provide a new room identification sign. or space has not been provided. 112 Classroom The force required to operate door Adjust door closer so that the maximum exceeds 5 lbs. (Fire doors may have up operating effort required is 5 lbs. to 15 lbs. to achieve positive latching.) Existing Condition: 7 LBF. Exhibit "A" C-26 113 Classroom At exit access door from an interior At exit door identified with an illuminated room or area that is required to have a EXIT sign and leading into an exit visual exit sign, there is no tactile and corridor, hallway, or space, provide a CA Braille exit sign with the words tactile and CA Braille exit sign with the "EXIT ROUTE" mounted on the wall words "EXIT ROUTE" mounted on the adjacent to the latch side of the door. wall adjacent to the latch side of the door. 114 Classroom The force required to operate door Adjust door closer so that the maximum exceeds 5 lbs. (Fire doors may have up operating effort required is 5 lbs. to 15 lbs. to achieve positive latching). Existing condition: 10 LBF. 115 Classroom Door, gate, or adjacent sidelight, Replace door. containing one or more vision lights, does not include at least one vision light mounted with the bottom edge of the glazed panel at 43" max. AFF. (Exception: Vision lights with the lowest part more than 66" AFF.) Existing Condition: 48" high Vision light 116 Classroom A sign designating the permanent room Provide a new room identification sign. or space has not been provided. 117 Classroom Door that is not automatic or power-Trim wall board to allow compliant door assisted does not have compliant maneuvering space. maneuvering space relative to the direction of approach. Existing Condition: 2" pull side to wall board. 118 Classroom Bottom 10" of door does not have a Remove door stop. smooth, uninterrupted surface on the push side to allow the door to be opened by a wheelchair footrest without creating a trap or hazardous condition. (This requirement does not apply to automatic and sliding doors.) Existing Condition: Door stop on kick plate. 148 Women's The force required to operate door See Keynote 149 for corrective action. Restroom exceeds 5 lbs. (Fire doors may have up to 15 lbs. to achieve positive latching). Existing Condition: 9 LBF. 149 Women's Door that is not automatic or power-Retrofit this area and provide new door Restroom assisted does not have compliant and wall(s). Provide new accessible door maneuvering space relative to the hardware. direction of approach. Existing Condition: 42" landing on push/pull side, PTD encroaches. Exhibit "A" C-27 150 Women's Doorway leading to a women's toilet New geometric sign, women's, circle, 12" Restroom room is not identified by a circle, 1/4" diameter. Include visual text only on thick and 12" in diameter. OR Circle is geometric signs. provided, however, it is accompanied by words in raised characters and Braille. (ADA and CBC Standards require a separate sign with raised characters and Braille mounted on the wall adjacent to the latch side of the door.) 151 Women's Sign designating the permanent room or See Keynote 150 for corrective action. Restroom space does not comply with ADAAG and CBC requirements for tactile signs. 152 Women's Sign is not mounted on the wall adjacent See Keynote 150 for corrective action. Restroom to the latch side of the door. OR At double leaf doors, the sign is not placed on the nearest adjacent wall. 153 Women's Sign is not mounted at 60" o.c. AFF to See Keynote 150 for corrective action. Restroom the centerline of the sign. (If the sign contains pictorial symbols (pictograms) or other non-tactile information, mounting height is measured to the centerline of the tactile characters/ Braille portion of the sign.) Existing Condition: 50" high. 176 Drinking Where there is only one drinking Provide a surface-mounted accessible hi- Fountain fountain area on a floor (e.g. an area low (dual-height) drinking fountain and with a drinking fountain or separate new wing barriers. drinking fountains), it is accessible to wheelchair users and not to person who have difficulty bending or stooping (i.e., the required accessibility for person who have difficulty bending or stooping on each floor has not been provided). 177 Drinking Wall mounted drinking fountain with See Keynote 17 6 for corrective action. Fountain leading edges between 27" and 80" from the floor projects more than 4" into the circulation path. 178 Drinking The spout outlet is higher than 36" from See Keynote 17 6 for corrective action. Fountain the floor. Existing Condition: 40" high. 179 Drinking The controls are not compliant. See Keynote 176 for corrective action. Fountain (Accessible controls shall be operable with one hand, and without tight grasping, pinching, or twisting of the wrist, and the force to operate the controls shall be no greater than 5 lbs.) Existing Condition: 7 LBF. Exhibit "A" C-28 180 Drinking 9.6% RS at drinking fountain. Remove non-compliant pavement and Fountain replace with new concrete walkway. 181 Men's The force required to operate door See Keynote 182 for corrective action. Restroom exceeds 5 lbs. (Fire doors may have up to 15 lbs. to achieve positive latching). Existing Condition: 10 LBF. 182 Men's Door that is not automatic or power-Retrofit this area and provide new door Restroom assisted does not have compliant and wall(s). Provide new accessible door maneuvering space relative to the hardware. direction of approach. Existing Condition: 42" door landing on push side. 221 Park Area The words "NO PARKING" is not Paint-apply the words "NO PARKING" in provided in each access aisle, painted in 12" high white letters. white, 12" high letters. 222 Park Area Accessible parking space has no Provide accessible parking sign with "Van reflectorized sign visible from the stall, Accessible" sign, pole-mounted to a height showing an ISA in white on a blue of 80" above finish grade measured to background. Existing Condition: No bottom of sign. Van sign provided. 223 Park Area Accessible parking space has no sign Provide sign stating minimum fine for stating "Minimum Fine $250" below the unauthorized parking. ISA. 224 Park Area Existing Condition: No truncated domes Provide detectable warning surface (i.e. in- provided. line truncated domes) extending the full width and length of the curb ramp, excluding the flares. 225 Park Area Where the parking space is designated Re-stripe to provide parking spaces with as "van accessible", the adjacent access compliant dimensions. Additional aisle is not at least 8' wide by 18' long. Comments: Remove tree. Existing Condition: Aisle width reduced by tree, 16'-9" lonJ!;. 226 Park Area A 36" square ISA is not painted on the Paint apply pavement symbol with ISA pavement at the rear of the stall. Existing Condition: ISA sign 33". 227 Park Area Accessible parking spaces, including Re-stripe to provide parking spaces with van spaces, are not at least 9' wide and compliant dimensions. 18' long with a demarcated access aisle. Existing Condition: Stall dimension 16'- 9". 238 Park Area Cross slope of the accessible route of Remove non-compliant pavement and travel exceeds 1 :50. Existing condition: replace with new concrete walkway. non-compliant slope at floor drains. 244 Park Area Slope of the accessible route of travel Remove non-compliant pavement and exceeds 1 :20. Existing Condition: 8.5% replace with new concrete walkway. to 9.1%RS. Exhibit "A" C-29 246 Park Area California tow-away sign does not Provide pole-mounted California tow- include contact information. away sign at a height of 80" above finish grade to bottom of sign. 249 Park Area Curb ramp does not have a detectable Provide detectable warning surface (i.e. in- warning. Existing Condition: No domes line truncated domes) extending the full provided at three different locations. width and length of the curb ramp, excluding the flares. Exhibit "A" C-30 ATTACMENT2 LAD ERA LINDA PARK PLAYGROUNDS ADA COMPLIANCE LIST Keynote Location Existing Condition Additional Comments 108 Playground adjacent Bottom 10" of door does not have a Provide 10" smooth panel on to paddle tennis court smooth, uninterrupted surface on the push side of the door. push side to allow the door to be opened by a wheelchair footrest without creating a trap or hazardous condition. 109 Playground adjacent There is not at least one entry point Provide new accessible route. to paddle tennis court located on an accessible route. 110 Playground adjacent Transfer space provided at the transfer Remove non-compliant to paddle tennis court platform is less than 30" x 48" min. playground equipment and replace with ADA compliant playground equipment. 145 Playground adjacent This portion of an accessible route with a Provide exterior concrete to paddle basketball slope greater than 5% (1 :20) does not ramp. The ramp slope shall court comply with the requirements for not exceed 8.33% along the compliant ramps. Existing condition: POT and cross slope shall not 9.3% exceed 2%. 146 Playground adjacent There is a change in level at transition Add sand to playground to to paddle basketball from rubber surface to sand. minimize change in level. court 147 Playground adjacent Ground surfaces along accessible routes, Increase rubber safety surface to paddle basketball clear floor or ground spaces, or turning area. court spaces are not compliant. Existing condition: No rubber surface at swing. 148 Playground adjacent Playground entry point not connected to See Keynote 14 7 for to paddle basketball swings. corrective action. court 588 Playground only; Accessible entrance is not identified by Provide compliant entrance adjacent to Building; an ISA. sign with ISA. no play equipment 589 Playground only; Floor is not level (slope is greater than Remove non-compliant adjacent to Building; 2% in some or all directions). Existing pavement replace with new no play equipment condition: 2.2% to 2.9% slope at gate concrete walk. landing. Exhibit "A" C-31 Playground only; Bottom 1 O" of door does not have a Provide gate with compliant 590 adjacent to Building; smooth, uninterrupted surface on the hardware and 10" smooth no play equipment push side to allow the door to be opened surface at bottom of gate. by a wheelchair footrest without creating a trap or hazardous condition. 591 Playground only; Handles, locks, and latches or other See Keynote 590 for adjacent to Building; operative devices are not operable with corrective action. no play equipment one hand and without tight grasping, pinching, or twisting of the wrist. 592 Playground only; Transition from grass to playground and Retrofit synthetic grass area adjacent to Building; asphalt is greater than 112". to reduce change in level. no play equipment Exhibit "A" C-32 ATTACHMENT 3 POINT VICENTE INTERPRETIVE CENTER ADA COMPLIANCE LIST Keynote Location Existing Condition Additional Comments 54 Amphitheater 14 7 seats at Amphitheater (approx.) Provide 4 wheelchair spaces, 4 companions' seats, 2 semi-ambulant seats, and 2 aisle transfer seats. 55 Amphitheater The wheelchair areas are not an See Keynote 54 for corrective action. integral part of the fixed seating plan .. 56 Amphitheater Accessible routes of travel do not Provide new accessible route. connect wheelchair seating locations and performance areas. 58 Amphitheater Existing Condition: 14 112" high See Keynote 54 for corrective action. Seats. 120 Lobby Existing Condition: Compound Provide an accessible threshold with a threshold. height no higher than 112 inch and beveled with a slope no greater than 1:2. 121 Lobby The force required to operate door Adjust door closer so that the maximum exceeds 5 lbs. Existing Condition: 8 operating effort required is 5 lbs. LBF. at non-motorized door. 122 Lobby At grade level exterior exit door, there At ground floor door which exits to is no tactile and CA Braille exit sign exterior, provide a tactile and CA with the word "EXIT" mounted on the Braille exit sign with the word "EXIT" wall adjacent to the latch side of the mounted on the wall adjacent door. to the latch side of the door. 127 Studio Bottom 1 O" of door does not have a Remove door stop. smooth, uninterrupted surface on the push side to allow the door to be opened by a wheelchair footrest without creating a trap or hazardous condition. Existing Condition: Door stop. 128 Studio Door, gate, or adjacent sidelight, Remove existing door and replace with containing one or more vision lights, new door and door frame. Provide new does not include at least one vision accessible door hardware. light mounted with the bottom edge of the glazed panel at 43" max. AFF. Existing Condition: 47 1/2" high. 129 Studio The raised characters on this sign are Remove old room signage, if not accompanied by California Grade applicable, and provide a new room 2 Braille. identification sign. Exhibit "A" C-33 130 Studio Door that is not automatic or power-See Keynote 133 for corrective action. assisted does not have compliant maneuvering space relative to the direction of approach. Existing Condition: 2" strike clearance due to fixed counter. 131 Studio The controls are not accessible. Provide compliant cabinet hardware. Existing Condition: Non-single action cabinet hardware. 133 Studio Where provided in public or common Modify counter to provide accessible use areas, countertops are not between countertop height. 28" -34" high. 134 Studio Controls, dispensers, and similar Lower existing light switch to 48" devices over an obstruction are above the fmished floor ( 46" above the mounted higher than 44" AFF when finished floor at counters). the clear floor space allows only a forward approach and the horizontal reach limit is between 20" to 25". Existing Condition: 46 3/4" high light switch over 31" deep counter. 135 Studio Controls, dispensers, and similar Provide phone I data outlet. Install devices over an obstruction are outlet at 48" above the fmished floor mounted higher than 44" AFF when ( 46" above the finished floor over the clear floor space allows only a obstructions). forward approach and the horizontal reach limit is between 20" to 25". Existing Condition: Data outlet 42 3/4" high over 31" deep counter. 139 Workroom Bottom 1 O" of door does not have a Remove door stop. smooth, uninterrupted surface on the push side to allow the door to be opened by a wheelchair footrestwithout creating a trap or hazardous condition. (This requirement does not apply to automatic and sliding doors.) Existing Condition: Door stop. 140 Workroom Door, gate, or adjacent sidelight, Remove existing door and replace with containing one or more vision lights, new door and door frame. Provide new does not include at least one vision accessible door hardware. light mounted with the bottom edge of the glazed panel at 43" max .. AFF. Existing Condition: 47 112" high. Exhibit "A" C-34 141 Workroom The raised characters on this sign are Remove old room signage, if not accompanied by California Grade applicable, and provide a new room 2 Braille. identification sign. 143 Workroom The force required to operate door Adjust door closer so that the maximum exceeds 5 lbs. Existing Condition: 9 operating effort required is 5 lbs. LBF. 145 Workroom Where provided in public or common Provide compliant work station. use areas, countertops are not between 28" -34" high. Existing Condition: 35" high counter. 146 Workroom At fixed or built-in seating, tables, or See Keynote 145 for corrective action. counters in public or common employee areas, less than 5% of the provided seating spaces are wheelchair accessible and have a 30" by 48" clear space which overlaps an accessible route of travel. Existing Condition: No knee space. 160 Library Bottom 1 O" of door does not have a Remove door stop. smooth, uninterrupted surface on the push side to allow the door to be opened by a wheelchair footrest without creating a trap or hazardous condition. (This requirement does not apply to automatic and sliding doors.) Existing Condition: Door stop. 161 Library Door, gate, or adjacent sidelight, 054A -Replace Door -Remove containing one or more vision lights, existing door and replace with new door does not include at least one vision and door light mounted with the frame. Provide new accessible door bottom edge of the glazed panel at 43" hardware. max. AFF. Existing Condition: 47 1/2" high. 162 Library The raised characters on this sign are Remove old room signage, if not accompanied by California Grade applicable, and provide a new room 2 Braille. identification sign. 163 Library The force required to operate door Adjust door closer so that the maximum exceeds 5 lbs. Existing Condition: 9 operating effort required is 5 lbs. LBF. Exhibit "A" C-35 165 Library Controls, dispensers, and similar Provide coat hook set 48" maximum devices are not between 9" and 54" above the finished floor. AFF when the clear floor space allows a parallel approach. OR They are not between 15" and 48" AFF when the clear floor space allows only a forward approach. Existing Condition: Coat hook at 60 1 /2" high. 167 Hallway Bottom 1 O" of door does not have a Remove door stop. smooth, uninterrupted surface on the push side to allow the door to be opened by a wheelchair footrest without creating a trap or hazardous condition. (This requirement does not apply to automatic and sliding doors.) Existing Condition: Door stop. 168 Hallway The force required to activate handles, Replace door hardware with panic pulls, latches, locks, and other device. operable parts of door exceeds 5 lbs. Existing Condition: 6 LBF. 169 Hallway The force required to operate door Replace door closer. exceeds 5 lbs. (Fire doors may have up to 15 lbs. to achieve positive latching). Existing Condition: 14 LBF., (fire rated door). 170 Hallway A sign designating the permanent Provide a new room identification sign. room or space has not been provided. 171 Hallway Door closer is not adjusted so that See Keynote 169 for corrective action. from an open position of 70 degrees, the door will take at least 3 seconds to move to a point 3" from the latch (measured to the leading edge of the door). Existing Condition: 2.66 seconds. 207 Multipurpose At grade level exterior exit door, a At ground floor door which exits to Room non-compliant exit sign with the word exterior, provide a tactile and CA "EXIT" in raised characters and Braille exit sign with the word "EXIT" Braille is mounted on the wall mounted on the wall adjacent to the adjacent to the latch side of the door latch side of the door. (e.g .. Braille symbols are not California Grade 2 Braille). 208 Multipurpose Sign is not mounted at 60" o.c. AFF See Keynote 207 for corrective action. Room to the centerline of the sign. Existing Condition: 59" high. Exhibit "A" C-36 209 Multipurpose The force required to operate door Replace door closer. Room exceeds 5 lbs. (Fire doors may have up to 15 lbs. to achieve positive latching). Existing Condition: 10 LBF., (fire rated door). 210 Multipurpose Bottom 1 O" of door does not have a Remove door stop. Room smooth, uninterrupted surface on the push side to allow the door to be opened by a wheelchair footrest without creating a trap or hazardous condition. (This requirement does not apply to automatic and sliding doors.) Existing Condition: Door stop. 211 Multipurpose The raised characters on this sign are Remove old room signage, if Room not accompanied by California Grade applicable, and provide a new room 2 Braille. identification sign. 212 Multipurpose Door closer is not adjusted so that See Keynote 209 for corrective action. Room from an open position of 70 degrees, the door will take at least 3 seconds to move to a point 3" from the latch (measured to the leading edge of the door). Existing Condition: 2.6 seconds. 213 Multipurpose Where threshold is 1/4" min. to 1/2" Provide an accessible threshold with a Room max .. in height, change in level is not height no higher than 112 inch and beveled at 1 :2 or less. Existing beveled with a slope no greater than Condition: 5.3% slope at threshold. 1:2. 233 Multipurpose Bottom 1 O" of door does not have a See Keynote 23 8 for corrective action. Room smooth, uninterrupted surface on the push side to allow the door to be opened by a wheelchair footrest without creating a trap or hazardous condition. (This requirement does not apply to automatic and sliding doors.) Existing Condition: Door stop. 234 Multipurpose At grade level exterior exit door, there At ground floor door which exits to Room is no tactile and CA Braille exit sign exterior, provide a tactile and CA with the word "EXIT" mounted on the Braille exit sign with the word "EXIT" wall adjacent to the latch side of the mounted on the wall adjacent to the door. latch side of the door. 235 Multipurpose The force required to activate handles, See Keynote 238 for corrective action. Room pulls, latches, locks, and other operable parts of door exceeds 5 lbs. Existing Condition: 9 LBF. Exhibit "A" C-37 236 Multipurpose The force required to operate door See Keynote 238 for corrective action. Room exceeds 5 lbs. (Fire doors may have up to 15 lbs. to achieve positive latching). Existing Condition: 10 and 12 LBF. 237 Multipurpose Door closer is not adjusted so that See Keynote 23 8 for corrective action. Room from an open position of70 degrees, the door will take at least 3 seconds to move to a point 3" from the latch (measured to the leading edge of the door). Existing Condition: 1.6 seconds. 238 Multipurpose When the door is open 90 degrees, Remove existing door and replace with Room clear opening width is not at least 32" new door and door frame. Cut existing measured between the face of the door wall to widen door opening. Provide and the doorstop new accessible door hardware. on the latch side. Existing Condition: 31" wide. 239 Multipurpose The raised characters on this sign are Remove old room signage, if Room not accompanied by California Grade applicable, and provide a new room 2 Braille. identification sign. 253 Multipurpose A sign designating the permanent Provide a new room identification sign. Room room or space has not been provided. 254 Multipurpose The force required to operate door Replace door closer. Room exceeds 5 lbs. (Fire doors may have up to 15 lbs. to achieve positive latching). Existing Condition: 10 LBF. 255 Multipurpose Door closer is not adjusted so that See Keynote 254 for corrective action. Room from an open position of 70 degrees, the door will take at least 3 seconds to move to a point 3" from the latch(measured to the leading edge of the door). Existing Condition: 2.5 seconds. 313 Exhibit Room Bottom 1 O" of door does not have a Remove door stop. smooth, uninterrupted surface on the push side to allow the door to be opened by a wheelchair footrest without creating a trap or hazardous condition. (This requirement does not apply to automatic and sliding doors.) Existing Condition: Door stop. Exhibit "A" C-38 314 Exhibit Room Sign is not mounted at 60" o.c. AFF At ground floor door which exits to to the centerline of the sign. Existing exterior, provide a tactile and CA Condition: 58" high. Braille exit sign with the word "EXIT" mounted on the wall adjacent to the latch side of the door. 315 Exhibit Room The raised characters on this sign are See Keynote 314 for corrective action. not accompanied by California Grade 2 Braille. Existing Condition: non- compliant Braille. 345 Exhibit Room At grade level exterior exit door, there At ground floor door which exits to is no tactile and CA Braille exit sign exterior, provide a tactile and CA with the word "EXIT" mounted on the Braille exit sign with the word "EXIT" wall adjacent to the latch side of the mounted on the wall adjacent to the door. latch side of the door. 346 Exhibit Room Door that is not automatic or power-Retrofit this area and provide new door assisted does not have compliant and wall(s). Provide new accessible maneuvering space relative to the door hardware. Modify exhibit wall. direction of approach. Existing Condition: No strike side clearance due to exhibit wall. 347 Exhibit Room The force required to activate handles, See Keynote 346 for corrective action. pulls, latches, locks, and other operable parts of door exceeds 5 lbs. Existing Condition: 7 LBF. 348 Exhibit Room The force required to operate door See Keynote 346 for corrective action. exceeds 5 lbs. (Fire doors may have up to 15 lbs. to achieve positive latching). Existing Condition: 14 LBF. 349 Exhibit Room Door closer is not adjusted so that See Keynote 346 for corrective action. from an open position of70 degrees, the door will take at least 3 seconds to move to a point 3" from the latch (measured to the leading edge of the door). Existing Condition: 2.3 seconds. 350 Exhibit Room Floor is not level (slope is greater than Provide new concrete landing with 2% in some or all directions). Existing sloped side approaches. Condition: 8.7% CS & 9.2% RS. 351 Exhibit Room Sign is not mounted at 60" o.c. AFF Remove old room signage, if to the centerline of the sign. Existing applicable, and provide a new room Condition: 59" high. identification sign. Exhibit "A" C-39 352 Exhibit Room The raised characters on this sign are See Keynote 351 for corrective action. not accompanied by California Grade 2 Braille. Existing Condition: non- compliant Braille. Exhibit "A" C-40 ATTACHMENT 4 RYAN PARK GROUNDS AND OFFICE BUILDING ADA COMPLIANCE LIST Keynote Location Existing Condition Additional Comments 20 Playground Site includes abrupt changes in level Provide 42" high guardrail. adjacent to pedestrian areas exceeding 30" vertical. Existing condition: 39" drop. Guardrails at 33 314" H. 38 Playground Site includes abrupt changes in level Provide 42" high guardrail. adjacent to pedestrian areas exceeding 30" vertical. Existing Condition: 42 114" drop. Guardrail at 36" H. 72 Path to play area Cross slope of the accessible route of Remove non-compliant pavement travel exceeds 1 :50. Existing condition: and replace with new concrete 3.5% to 11.2% CS. walkway. 73 Path to play area Slope of the accessible route of travel See Keynote 72 for corrective exceeds 1:20. Existing condition: 7.3% action. and 10.8% RS. 74 Path to play area Curb ramps, ramps, or elevators are not See Keynote 72 for corrective used for changes in level greater than 1/2 action. inch. Existing condition: 1/2" level change. 170 Path to play area Site includes abrupt changes in level Provide warning curb. adjacent to pedestrian areas exceeding 4" vertical. Existing condition: 4" -9" drop. 172 Multi-Purpose Floor is not level (slope is greater than Provide new rubber landing with Room 2% in some or all directions). Existing sloped side approaches. condition: Landing slope at 9.4%. 173 Multi-Purpose A sign designating the permanent room Provide a new room identification Room or space has not been provided. sign. 174 Multi-Purpose The force required to activate handles, Replace panic hardware. Room pulls, latches, locks, and other operable parts of door exceeds 5 lbs. Existing condition: 10 LBF at panic device. Exhibit "A" C-41 175 Multi-Purpose Where provided in public or common Remove existing cabinetry, and Room use areas, countertops and sinks are not provide new counter at 34" above mounted at 34" AFF. max. Existing the finished floor. Remove and condition: 36 112" high Counter/sink. replace sink and faucet with new accessible sink and faucet. 176 Multi-Purpose Sink does not provide accessible knee See Keynote 17 5 for corrective Room clearance (i.e. at least 27" high, 30" action. wide, and 19" deep). Existing condition: Knee clearance at 7" deep. 177 Multi-Purpose Drainpipes and hot water pipes are not Provide safety cover at hot water Room insulated to protect against contact. and waste pipes. Existing condition: No insulation. 178 Multi-Purpose The controls are not accessible. Replace knobs with pull Room hardware. 179 Multi-Purpose Mounting height of soap dispenser's Lower existing dispenser to 40" Room highest operable part exceeds 40" AFF. above the finished floor. Existing condition: 40 112" high SD. 180 Multi-Purpose Mounting height of paper towel Replace paper towel dispenser Room dispenser's highest operable part exceeds and mount at compliant height. 40" AFF. Existing condition: 16" high PTD 181 Multi-Purpose The dispenser or control cannot be See Keynote 180 for corrective Room operated with one hand or without tight action. grasping, pinching, or twisting of the wrist. Existing condition: Twist type operation. 182 Multi-Purpose Where fire extinguishers are provided in Relocate existing fire extinguisher Room cabinets, mounting height of the cabinet cabinet. opening hardware is not compliant. Existing condition: F.E. at 49 1/2" H. 184 Multi-Purpose Handles, locks, and latches or other Remove knobs and existing latch Room operative devices are not operable with and lock set. Provide new levers one hand and without tight grasping, with new latch and lock sets. pinching, or twisting of the wrist. Existing condition: Door knobs. Exhibit "A" C-42