RPVCCA_SR_2010_07_20_06_RPV_Accessibility_Self-Evaluation_And_Transition_PlanCITY OF RANCHO PALOS VERDES
REVIEWED:
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
~
HONORABLE MAYOR &CITY COUNCIL MEMBERS cl(~
RAY HOLLAND,DIRECTOR OF PUBLIC WORKS~
JULY 20,2010 ()
CITY OF RANCHO PALOS VERDES ACCESSIBILITY
SELF-EVALUATION AND TRANSITION PLAN
CAROLYN LEHR,CITY MANAGER Q9-.
Project Manager:Siamak Motahari,Senior Engineer .:::111
RECOMMENDATION
1.Award contract to BOA Architecture to provide a Citywide Accessibility Self-
Evaluation and Transition Plan in the amount not to exceed $73,812,with an
allowance of $15,000 for unforeseen items of work which may be added to the
scope of work,for a total of $88,812.
2.Authorize the Mayor and the City Clerk to execute the contract with BOA
Architecture.
BACKGROUND
The Americans with Disabilities Act ("ADA"),which was signed into law on July 26,
1990,prohibits discrimination and provides comprehensive civil rights protections to
individuals with disabilities in the areas of employment,public accommodations,
government services,public transportation,and telecommunications.While the ADA
has five separate titles,Title II is the section specifically applicable to state and local
governments and to the programs,services and activities they deliver.
DISCUSSION
The purpose of a citywide transition plan,as a requirement of ADA,is to ensure access
by persons with disabilities to the programs,activities,and services offered by the City.
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In 1995 an effort was made to prepare a transition plan,and a preliminary checklist was
prepared for this purpose,but the plan remained incomplete.However,since that time
the City has removed multiple physical barriers by,for example,installing sidewalk
ramps and building accessible restrooms,parking lots,and reception counters,either
through specific ADA compliance projects or by means of improvement projects.
Additionally,in March of 2008,an ADA assessment report was prepared for Hesse Park
which addressed some of the immediate needs to remove physical barriers.
A citywide Self Evaluation and Transition Plan will survey and prepare a comprehensive
data analysis that will include physical barriers of all City facilities and identify programs
and services that may not be accessible.It will also provide suggested methods to
remove these barriers.The plan will prioritize removal of physical barriers based upon
the frequency of usage and other factors and will be consistent with the City's future
plans and programs.Improvements to comply with Title II of the ADA will be scheduled
over multiple years with input from staff and subject to the City's budget,resources and
programs.The Transition Plan will be presented to the City Council for review and
adoption when completed.
ANALYSIS
A Request for Proposal was sent to three consulting Architecture firms:BOA
Architecture,Joelson Vail Associates LLC and Willdan Engineering.All three firms are
certified and qualified for this scope of work.Willdan Engineering did not submit a
proposal.A panel composed of three Senior Engineers reviewed the submittals and
through a unanimous vote found BOA Architecture to be the most qualified to lead this
project.BOA Architecture has extensive experience with ADA compliance projects.
Within the past 13 years they have completed 14 major ADA Transition Plans for
various public agencies totaling over 700 facilities.After the panel selected BOA
Architecture with respect to its qualifications,the fee proposals of the two firms were
reviewed.Joelson Vail Associates'fee proposal was in the amount of $329,000.BOA
Architecture's fee proposal was in the amount of $125,018.Because of negotiations
which included changes in the scope of work,including removal of the Upper Pt.
Vicente Park and Civic Center ADA evaluations from the scope of work for this project
and inclusion in the scope of work for the Civic Center Facilities Assessment report,
BOA Architecture reduced its fee to $73,812.Please see Attachment 'A,'which
describes the facilities to be surveyed and the fee breakdown proposed by BOA
Arch itectu re.
FISCAL IMPACT
The maximum fiscal impact for this action is $88,812.Upon completion of the Transition
Plan,cost estimates for implementation of various items over a multiple year period will be
determined.On June 30,2009 the City Council approved a budget to provide professional
services for ADA compliance in the amount of $90,000.This budget is allocated to the City
Hall Building Improvements program.
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CONCLUSION
Award of contract to BOA Architecture is the first step for the City toward compliance
with the accessibility requirements for City facilities,programs and services.
Attachments:
A.Facilities Description and Fee Breakdown
B.Contract with BOA Architecture.
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PROFESSIONALITECHNICAL SERVICES AGREEMENT
This Agreement (the "Agreement")is made and entered into this 20th day of July,
2010 by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY")and BOA Architecture,Inc.(hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto
mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as the City of Rancho Palos Verdes Accessibility
Self-Evaluation and Transition Plan.
1.2 Description of Services
CONSULTANT shall provide an accessibility evaluation report and a
transition plan for disability compliance of existing City facilities,as described in the
City's Request For Proposals,which is incorporated herein by this reference,and in the
Consultant's Proposal,which is attached hereto as Exhibit "A"and incorporated herein
by this reference.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY,CONSULTANT
shall perform with due diligence the services requested by the CITY and agreed upon
by CONSULTANT.Time is of the essence in this Agreement.CONSULTANT shall not
be responsible for delay,nor shall CONSULTANT 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
CONSULTANT's work promptly,or delay or faulty performance by CITY,other
consultants/contractors,or governmental agencies,or any other delays beyond
CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT a not to exceed amount of
seventy-three thousand,eight hundred and twelve dollars ($73,812.00),unless
additional services are required pursuant to Section 2.4 of this Agreement.
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2.2 Payment Address
All payments due CONSULTANT shall be paid to:
BOA Architecture
279 West Seventh Street
San Pedro,CA 90731
2.3 Terms of Compensation
CONSULTANT will 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 the invoice.CITY agrees to use its
best efforts to notify CONSULTANT 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 CONSULTANT of a disputed amount of 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 CONSULTANT 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.
2.4 Additional Services
CITY may request in writing that CONSULTANT perform additional services
not covered by the specific Scope of Work set forth in Article 1 of this Agreement,and
CONSULTANT shall perform such services at written,mutually agreed-upon fee amounts,
which in any case shall not to exceed fifteen thousand dollars ($15,000)over the maximum
fee in Section 2.1,unless approved by the City Council.
2.5 Term of Agreement:
This Agreement shall commence on JUly 20,2010 and shall terminate on July
19,2011,unless sooner terminated pursuant to Article 4 of this Agreement,and may be
renewed for one (1)additional one-year period by mutual written agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
With respect to non professional acts,CONSULTANT will defend,
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indemnify and hold harmless CITY and its officials,officers,employees,agents and
volunteers free and harmless from all tort liability,including liability for claims,suits,
actions,expenses or costs of any kind,whether actual,alleged or threatened,actual
attorneys'fees,experts'fees,or court costs incurred by the CITY,to the extent arising
out of or in any way connected with,in whole or in part,the negligent or reckless acts or
omissions or willful misconduct of CONSULTANT or any of CONSULTANT's officers,
agents,employees or contractors in the performance of this Agreement.This includes
but is not limited to claims,suits and liabilities for bodily injury,death or property
damage to any individual or entity,including officers,agents,employees or contractors
of the CONSULTANT.The provisions of this paragraph shall not apply to claims to the
extent arising out of the active negligence or willful misconduct of the CITY and its
officials,officers,employees,agents and volunteers.
In addition to the foregoing,CONSULTANT shall indemnify,defend and
hold free and harmless the CITY and the CITY's officials,officers,employees,agents
and volunteers from and against any and all losses,liabilities,damages,costs and
expenses,including reasonable attorneys'fees,experts'fees,and costs to the extent
the same are caused by negligence,recklessness,or willful misconduct of the
CONSULTANT,or any of the CONSULTANT's officials,officers,agents,employees or
volunteers,in the performance of professional services pursuant to this Agreement.
3.2 General Liability
CONSULTANT 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 CONSULTANT 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
CONSULTANT 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 CONSULTANT 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
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
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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
CONSULTANT 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 $500,000 for property damage arising from one incident.
3.5 Worker's Compensation
CONSULTANT 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.CONSULTANT 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 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.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
B.CONSULTANT 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 CONSULTANT's expense,the premium thereon.
3.7 Certificate of Insurance
At all times during the term of this Agreement,CONSULTANT shall maintain
on file with the CITY Clerk certificates of insurance showing that the aforesaid policies are
in effect in the required amounts.The commercial general liability shall contain
endorsements naming the CITY,its officers,agents and employees as additional insured.
3.8 Primary Coverage
The insurance provided by CONSULTANT 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.
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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 CONSULTANT upon ninety (90)
days prior written notice.Notice shall be deemed served if completed in compliance with
Section 6.13.
(b)In the event of termination 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,CONSULTANT 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 CONSULTANT for the full performance of the services described in Section
2.1.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,photographs,images,video files
and media created or developed by CONSULTANT 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.CONSULTANT shall
not obtain or attempt to obtain copyright protection as to any Written Products.
CONSULTANT 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.
CONSULTANT 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.
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CONSULTANT 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.CONSULTANT 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,CONSULTANT,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 Project,the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project.If CONSULTANT prepares a document on a computer,CONSULTANT
shall provide CITY with said document both in a printed format and in an acceptable
electronic format.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY's representative shall be Director of Public Works or his or her
designee,and the CONSULTANT's representative shall be designated by CONSULTANT
as the primary contact person regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48)and 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 1992 (42 U.S.C.§11200,et seq.).
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel required to perform CONSULTANT's services under this Agreement.Any
person who performs engineering services pursuant to this Agreement shall be licensed as
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a Civil Engineer by the State of California and in good standing.CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT'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.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement,but at all times shall be responsible for
their services.
6.4 Conflicts of Interest
CONSULTANT 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 CONSULTANT "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 CONSULTANT has been retained
pursuant to this Agreement.
6.5 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 CONSULTANT was negligent,CITY shall compensate CONSULTANT for its
testimony and preparation to testify at reasonable hourly rates.
6.6 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assignment without written consent shall be null and void,and CONSULTANT 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,CONSULTANT may use the services of persons
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and entities not in CONSULTANT'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.CONSULTANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.7 Independent Contractor
CONSULTANT 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 CONSULTANT or any of the CONSULTANT's employees,except as herein set
forth,and CONSULTANT 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 at the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent.CONSULTANT 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 CONSULTANT 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.CONSULTANT shall fully comply with the workers'compensation law
regarding CONSULTANT and its employees.CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.8 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.9 Entire Agreement
This Agreement,inclUding any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between CITY and
CONSULTANT 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.
6.10 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
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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.
6.11 Non-Waiver of Terms.Rights and Remedies
Waiver by either party of anyone 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 CONSULTANT
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 CONSULTANT,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.
6.12 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.
6.13 Notice
Except as otherwise required by law,any notice,request,direction,demand,
consent,waiver,approval or other communication required or permitted to be given
hereunder shall not be effective unless it is given in writing and shall be delivered (a)in
person or (b)by certified mail,postage prepaid,and addressed to the parties at the
addresses stated below,or at such other address as either party may hereafter notify the
other in writing as aforementioned:
To CITY:
Ray Holland,Director
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Glenn Dea,Principal Architect,CASp
BOA Architecture
279 West Seventh Street
San Pedro,CA 90731
A party may change its address by giving written notice to the other party.
Thereafter,any notice or other communication shall be addressed and transmitted to the
new address.If sent by mail,any notice,tender,demand,delivery or other communication
shall be deemed effective three (3)business days after it has been deposited in the United
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States mail.For purposes of communicating these time frames,weekends and federal,
state,religious,County of Los Angeles or CITY holidays shall be excluded.No
communication via facsimile or electronic mail shall be effective to give any such notice or
other communication hereunder.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_
Dated:_
ATTEST:
CITY CLERK
BOA ARCHITECTURE,INC.
("CONSULTANT")
BY:-------------
BY:-------------
CITY OF RANCHO PALOS VERDES
A Municipal Corporation ("CITY")
BY:-------------MAYOR
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