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PROFESSIONAL
SERVICES
AGREEMENT
BETWEEN THE CITY OF RIALTO AND
SALLY SWANSON ARCHITECTS, INC.
THIS SERVICES AGREEMENT (herein “Agreement”) is made and entered into this
8 th
day of
February
, 20
22 ,
by and between the City of Rialto, a municipal corporation and California general law city (“City”), and
Sally Swanson Architects, Inc
.
,
(“Consultant”).
City and Consultant are sometimes individually referred to as “Party” or collectively as “Parties”.
RECITALS
A.
City has sought, by
Request for
Qu
alificat
i
ons
No.
22 -
013
, the performance
of
professional
services
related to
Develo
pment and Preparation of the P
ublic Right
-
of
-
Way and City Facilities American
with Disabilities Act (ADA) Transition Plan
, as
defined
and described particularly in
Article 1 of this Agreement.
B.
Following the submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, Consultant was selected by the City to perform those services.
C.
Pursuant to Chap
ter 2.48 of the Rialto Municipal Code, City has authority to enter into and execute this Agreement.
D.
The Parties desire to formalize the selection of Consultant for the performance of those services defined and described particularly in Article 1 of this
Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consider
ation, the value and adequacy of
which are hereby acknowledged, the parties agree as follows:
ARTICLE 1.
SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those
professiona
l
services
associated with
Develo
pment and Preparation of the
P
ublic Right
-
of
-
Way and City Facilities American
with Disabilities Act (ADA) Transition
Plan
, City Project No. 190808 and 190210
,
and as
specified in the “Scope of Services”
attached hereto as
Exhibit “A”
and incorporated herein by this reference, which services may be r
eferred to herein as the “services” or “work” hereunder. As a material inducement for City to enter into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the servic es
required under this Agreement in a thorough, competent, and professional manner, it meets all local, state, and federal requirements in performing the services, and it is
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experienced in performing the work and services contemplated herein. Consultant s hall
at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services requ ired hereunder and that
all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first
-
class firms per
forming similar work under similar
circumstances.
1.2 Consultant’s Proposal.
The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services;
(3) the City’s Request for
Qualifications
No
.
22 -
013
;
and, (
4 ) the Consultant’s signed, original proposal submitted to the
City
(“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”) . The
Contract Documents and Accepted
Proposal
sha
ll be incorporated herein by this
reference as though fully set forth herein. In the event of any inconsistency between the Scope of Services
,
Consultant’s Proposal
, and/or this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state, or local governmental entity having jurisdictio n in effect
at the time service is rendered.
1.4 Licenses, Permits, Fees, and Assessments.
Consultant shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required b y this
Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services r equired by this
Agreement, and shall indemnify, defend, and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.
1.5 Familiarity
with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understan ds the
facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquaint ed with the
conditions there existing, prior to commencement of services hereunder. If Consultant discovers any latent or unknown conditions that will materially affect the performance of the services hereunder, then Consultant shall immediately inform th e City of such fact
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and shall not proceed except at City’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection
to the work, and the equipment, materials, papers,
documents, plans, studies, and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages to persons or property, until acceptance of the work by City, except
such losses or damages as may be caused by
City’s own negligence.
1.7 Prevailing Wages.
Consultant
is aware of the requirements of California Labor Code Section 1720, et
seq.
and 1770,
et seq.
, as well as California Code of Regulations, Title 8, Section
1600,
et seq
., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. It is the understanding of City and Consultant that the Prevailing Wage La ws
may
not apply to this Agreement because the Agreement does not involve any services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder.
However,
Consultant
shall defend, indemnify, and hold City, its
elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
1.8 Further Responsibilities
of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be rea sonably necessary
to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of th e services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work or change may be undertaken unless a written order is first given by the
Contract Officer to the Consultant, describing in detail the extra work or change and the reason(s) therefor and incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work or change, and/or (ii)
the time to perform this Agreement,
which said adjustments
shall be reflected in an amendment to the Agreement
subject to
the written approval of
the Parties
.
Any amendment to this Agreement
shall be reviewed
and approved by the City Manager.
In accordan
ce with Rialto Municipal Code section
2.48. 180
, i
ncrease
s
in compensation
of this Agreement may be approved by the
City
Manager
provided: (
a
) the initial
Contract Sum was less than One Hundred Thousand
Dollars ($100,000)
and
the amended Contract Sum
when consider
ing
any or all
amendments will
not exceed One Hundred Thousand Dollars ($100,000); or (b) the
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agreement was approved by the City Council
and the increases in compensation
taken
either separately or cumulatively
do not
exceed One Hundred Thousand Dollars
($100,000).
Any greater increases, taken either separately or cumulatively must be approved by the City Council. Payment for additional services rendered by Consultant under this Agreement requires the submission of the
actual costs of Consultant’s
performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically
set forth in the Scope of Services. Consultant
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not b
e entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures establ
ished in this Section are followed.
ARTICLE 2.
COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “
Cost Proposal
”
attached hereto as
Exhib
it “
B
”
and
incorporated herein by this reference.
For the Initial
Phase of Services (Pre
-
Constructio
n)
,
upon commencement of this Agreement
t
he total compensation, including
reimbursement for actual expenses, shall not exceed
Four Hundred Seven
ty Eight
Thousand
Eighty Dollars and
No
Cents
($
478
,
080.00
)
(the
“Contract Sum”)
.
The Contract
Sum may also be increased
for additional services
pursuant to Section 1.9.
2.2 Method of
Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant’s
rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbur
sable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcon
tractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the wo
rk with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
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Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant
is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub
-
category), travel, materials, equipment, supplies, and sub -
contractor contra
cts.
Sub
-
contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City may independently review each invoice submitted by the Consultant to determine whe
ther the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use
its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment w
ill occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
2.5 No Waiver.
Review and payment by City to Consultant of any invo
ice for work performed by
Consultant pursuant to this Agreement shall not be deemed a waiver of any defects in work performed by Consultant or of any rights or remedies provided herein or any applicable law.
ARTICLE 3.
PERFORMANCE SCHEDULE
3.1 Time of Esse
nce.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time peri od(s)
established in the “Schedule of Performance” attached hereto as Exhibit “
C
”
and
incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing
by the Contract Officer.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable cau
ses beyond the control and without the fault or
negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, fr
eight embargoes, wars, litigation, and/or acts of any
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governmental agency, including the City, if the Consultant shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract
Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend
the time for performance in accordance with the procedures set forth in Section
1.9. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages again st
the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agr
eement shall continue in full force and effect
through
completion of the services
related to
Request for
Qualifications
No.
22 -
013
, (the “Project”)
, and as identified in the
Schedule of Performance,
Exhibit “C”
.
ARTICLE 4.
COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and
make all decisions in connection therewith:
S
ally Swanson, AIA
O
wner/
Founder/Princip
al
-
in
-
Char
ge
(Name)
(Title)
W. Andrew Dunn III, AIA
Secretary
(Name)
(Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into
this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultan t, and any
authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant witho ut the express written
approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’ s staff and subcontractors, if
any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreemen
t, prior to and during any such
performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon a Reassign Notice
from City of such desire of City, reassign such
persons or persons.
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4 .2
Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether
by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officer s, employees, or
agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care, or any other benefits which may othe rwise accrue to City’s
employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City
Manager
or other such person designated
by the City
Manager
. It shall be the Cons
ultant’s responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified her
ein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager
, to sign all documents on behalf of the City required
hereunder to carry o
ut the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the sele
ction, discharge, supervision or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service.
Consultant shall perform all services required herein as an independent contractor of C ity
and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or e mployees of
City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting o
r Assignment.
The experience, knowledge, capability, and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perf orm in whole or in part
the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by ope ration of law, whether for
the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (2
5%) of the present ownership and/or control
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of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shal
l release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5.
INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form
and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:
(a)
Comp
rehensive General Liability Insurance (Occurrence Form
CG0001 or equivalent)
. A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall b
e in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b)
Worker’s Compensation Insurance
. A policy of worker’s
compensation insurance in s
uch amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Consultant and the City against any loss, claim, or damage arising from any injuries or occupational diseases
occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c)
Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025
or equivalent)
. A policy of comprehensive automobile liability
insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non -
owned,
leased, and hired c
ars.
(d)
Professional Liability
. Professional liability insurance appropriate to
the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insuranc e
required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consu ltant’s
services or the termination of this Agreement. During this additional 5 -
year period,
Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e)
Additional Insurance
. Policies of such other insu
rance, as may be
required in the Special Requirements.
(f)
Subcontractors
. Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and certified
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endorsements for each subcontractor. All coverages
for subcontractors shall be subject
to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as additional insureds,
and any insurance maintained by City or its officers, employees, or agents shall apply in excess of, and not contribute with, Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contri
bution it may have against the City, its officers,
employees, and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self -
insured retention, any additional
insured may satisfy the se
lf
-
insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested
to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agr
eement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves
the
right to inspect complete, certified copies of all required insurance policies at any time.
Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
City
, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Con
sultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appoint
ed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self
-
insured ret
entions must be declared to and approved by
City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self
-
insured retentions as respects City or its respective elected or appointed officers, officials, employees and vo
lunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limitin
g in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise respon
sible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and suc h
subcontractor shall require the subcontractor to maintain the same policies of insurance
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that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the fu
ll extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against any and all actions, either judicial, administrative, arbitration or regulatory claims, damag
es to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection w ith the
negligent performance of the work, operations, or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), arising fr om Consultant’s reckless or
willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a)
Consultant will defe
nd any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b)
Consultant will promptly pay any judgment rendered agai nst the City,
its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees t o save and hold the City,
its officers, agents, and employees harmless therefrom;
(c)
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other clai
ms arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses i
ncurred by the City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so
Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or w
rongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or
omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising
out of the negligence,
recklessness, or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
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5.4 Sufficiency of Insurer or Surety
.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk
Manager
determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt o f written notice
from the Risk Manager Consultant.
ARTICLE 6.
RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports,
studies or other documents
relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the p erformance of such services.
Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at
all times during normal business hours
of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and th
e City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.
6 .2
Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly
concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase o r
decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and
the
estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
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6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the
performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation
as a
result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents withou t
specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such docum ents for its own
use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall
indemnify City for all damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a)
All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless
such information
is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(
b)
Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony
at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or sub
poena.
(c)
If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages
, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d)
Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, s
ubpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has n o
obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consulta nt.
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However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7.
ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, constr
ued, and governed both as to validity
and to performance of the Parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in t
he Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
In the event of li
tigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, Eastern Division.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligat
ion or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant m
ay cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall proceed with pay
ment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take n ecessary steps to
terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision o f this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are
necessary to compensate City for any
losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s o
bligation under this Agreement. In the event that any
claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from
any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to ins
ure, indemnify, and protect City as elsewhere provided herein.
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7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant sh
all not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -
defaulting Party on any default
shall impair such right or remedy or be construed as a waiver. Any waiver by eith er Party
of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to
be exclusive in
this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for a ny
default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7. 7
Termination Prior to Expiration of Term.
This Section shall govern a
ny termination of this Contract except as specifically
provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with o
r without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consult ant
shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior
to the
effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. I n the event the
Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the t erminating Party need not
provide the non
-
terminating Party with the opportunity to cure pursuant to Section 7.2.
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15 Revised 11/11/2021
7. 8
Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set
-
off or partial payment of the amounts
owed the City as previously stated.
ARTICLE 8.
CITY OFFICERS AND EMPLOYEES: NON
-
DISCRIMINATION
8.1 Non
-
liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest,
in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it,
nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement.
Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agre
es to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this
Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, in terested,
in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Additionally, pursuant to Rialto Munic
ipal Code section 2.48.145, Consultant
represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to t
he prohibition of California Government Sections
87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personal
ly and on behalf of Consultant, as well its
officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commissi
on Regulation Section 18702, or Government Code Section
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16 Revised 11/11/2021
1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religio n,
sex, gender, sexual orientation,
gender identity,
marital status, national origin, ancestry,
or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employe es are treated
during employment without regard to their race, color, creed, religion, sex,
sexual
orientation, gender, gender identity,
marital status, national origin, ancestry, or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promise
s and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8
U.S.C.A. §§
1101,
et seq
., as amended, and
in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ s
uch unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the c
ost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City.
ARTICLE 9.
MISCELLANEOUS PROVISIONS
9.1 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cos t and expense,
provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as
may be reasonably necessary
for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing of City Facilities shall be in the sole discretion of Cit
y. In no event shall City be required to furnish
any facilities that may involve incurring any direct expense, including but not limited to computer, long distance telephone, network data, internet, or other communication charges, vehicles, and reproducti
on facilities.
9.2 Payment of Taxes.
Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal and state taxes.
9.3 Notices.
All notices or other communications required or permitted hereunder shall be in
writing, and shall be personally delivered, sent by pre -
paid First Class U.S. Mail,
registered or certified mail, postage prepaid, return receipt requested, or delivered or sent
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17 Revised 11/11/2021
by facsimile with attached evidence of completed transmission, and shall
be deemed
received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States P ost Office if by mail; or (iii)
when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty -
eight (48) hours by letter
mailed or delivered. Other forms of electronic tra
nsmission such as e
-
mails, text
messages, instant messages are not acceptable manners of notice required hereunder.
Notices or other communications shall be addressed as follows:
If to City:
City of Rialto
150 S. Palm Ave.
Rialto, CA 92376
Attn: City
Mana
ger
Tel: (909) 820
-
2525
Fax: (909) 820
-
2527
With copy to:
Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside
, CA
92507
Attn:
Eric S. Vail
, City Attorney
Tel: (
951
)
788
-
0100
Fax: (
951
)
788
-
5785
If to Consultant:
Sally
Swanson A
rchitects, Inc.
2600 West Olive Street,
Suite 586
Burbank
, CA 91505
Sally S
wanson
Tel: (
800
)
533
-
8771
Email
:
[email protected]
Either Party may change its address by notifying the other Party of the change of address in writing.
9.4 Interpretation.
The terms of this Agreement shall be construe
d in accordance with the meaning
of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.5 Counterparts.
This Agreement may b
e executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.6 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclus
ive expression of the understanding of the Parties. It is understood that there are
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18 Revised 11/11/2021
no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreement
s and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The Parties agr
ee that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.7 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement sha
ll be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement whi
ch are hereby declared as severable and
shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreem
ent meaningless.
9.8 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of
said Party, (iii) by so executing this Agreement, such
Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreemen
t shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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19 Revised 11/11/2021
IN WITNESS WHEREOF
, the parties hereto have executed
and entered into
this
Agreement on the date first
written
above.
CITY:
CONSULTANT
:
CITY OF RIALTO, a municipal
SALLY SWANSON
ARCHITECTS,
INC
corporation
By:
By:
Marcus Fuller, City Manager
S
ally Swanson,
Princi
pl
e
-
in
-
Charge
O
wner/
ATTEST:
By:
By:
Barbara A. McGee, City Clerk
A
ndrew Dunn III, Secretary
APPROVED AS TO FORM:
Burke, Williams & Sorensen, LLP
**Two signatures are required if a
corporation**
By:
Eric S. Vail, City Attorney
A
-
1 EXHIBIT “A“
SCOPE OF SERVICES
Consultant shall
provide
:
A) Establishing a two
-
part citywide accessibility plan in accordance with
requirements of Title II,
§35.150 of the Americans with Disabilities Act (ADA). The two parts of this accessibility plan shall be for
areas within the City of Rialto Right of Way and for City of Rialto Public Facilities.
B) Revising and expand City of Rialto Standard Drawings and g eneral notes to
address conflicts with
federal and State regulations and codes for accessibility and provide design and construction tools for
improved access at major intersections and
C) Provide guidelines for use by engineers in the preparation for plan s for
improvements in the public
right of way
.
Specifically, Consultant shall provide those services as outlined in its proposal dated November 22, 2021
, included on the following pages.
A. 1
Understanding
Sally Swanson Architects, inc. (SSA) understands that the city of rialto, california, located in San Bernardino county,
seeks a professional firm to conduct a Scope of Work that includes
•
Public Right
-
of
-
Way and,
•
Public Facilit
ies Americans with Disab
ilities Act (ADA) Transition Plan This Scope of Work will establish a two -
part City
-
wide accessibility plan; revise and expand the City of Rialto Standard Drawings and general notes to address conflicts with federal and state regula
tions and codes and prov
ide guidelines for engineers for
improvements in the public right
-
of
-
way.
Further, it is understood that this is a Statement of Qualifications submittal, as “price is not evaluated as part of the evaluation criteria”. The City of R
ialto will negotiate the
terms and conditions of the contract with the
selected firm.
A.2
Methodology
The City of Rialto Scope of Services as outlined in the Request for Qualifications (RFQ) is quite clear and SSA will meet or exceed all requirements
of the contract. The pro
ject approach is flexible and will be tailored precisely to fit the City’s needs and resources.
Critical Elements
Following are the elements and benefits of the City’s manageable and living ADA Transition Plan document. The Access
Compliance Assessment S
urvey will provide the City with:
•
A list of existing accessibility barriers describing each barrier and recommendation of a removal solution
•
A preliminary cost estimate for removal of each barrier
•
A priority assigned to each ba
rrier
•
A schedule for barrier removal
•
Designation of a person responsible for barrier removal
•
The ability to “check
-
off” mitigated barriers
•
The ability to easily demonstrate steps taken toward removal of all barriers to acc ess.
At a minimum, SSA, if s
elected, will be responsible for providing the services described below:
Task 1. Oversee the Development and Execution of the ADA Transition Plan
Sally Swanson Architects, Inc. (SSA) plans to attend at least four meetings wi th City staff and an ADA advis
ory
group, including an initial kick
-
off meeting; interim progress meetings shall be at approximately 50%, 75%, and 90% completion. SSA will also attend and present the ADA Transition Plan to the City Council at a public meeti ng.
SSA will attend a kick
-
off
meeting with the City to confirm the scope of work before advancing Tasks. SSA will identify all materials required to furnish a transition plan and coordinate with key City personnel, and other stakeholders, as required. SSA
will coordinate involvement o
f various stakeholders to include appropriate City
staff, disability advocacy groups, and the general public throughout the process.
a. Administration and Management
Upon award of the contract, SSA will begin the process of reviewing background informati
on and documents as
well as planning, coordinating and scheduling a Project kick -
off. Many project components discussed here
regarding contacts, project schedule and communications will be agreed upon prior to an official proj ect kick
-
offvia email and phon
e conversations. SSA will manage its team including other administrative functions and overall Project activities consistent with the direction from the City of Rialto in order to meet the Project schedule and budget during th
e course of services.
SSA will coordinate with the City of Rialto, other government agencies and other affected parties as required throughout the duration of the Project. The SSA Project Team will arrange to meet via virtual conference technology, at the City of Rialto discr
et
ion, with the City staff and other appropriate stakeholders to review, refine, and finalize the scope of work, programmatic evaluations, and completion schedules, as well as project communications, final deliverables and overall project strategies and go
al
s.
Project Schedule
SSA will use Microsoft Project to develop schedules including critical tasks. SSA will prepare, monitor, and update progress schedule beginning at the kickoff meeting and ending at City’s acceptance of the final report for the Proj
ec
t. Schedule will indicate significant milestones and the critical path for the Project. SSA will notify City if there are delays in any phase or Task of the Project. In such cases, SSA will make up the schedule in subsequent Tasks of the Project or provi
de
information to City substantiating a time extension. The schedule will be maintained and kept updated at all times and will be updated each time progress and milestones are changed. In addition, the progress schedule will be updated no less frequently t ha
n after each task is complete.
Invoicing
SSA will submit monthly invoice payments with a progress report summarizing partially or completed scope of
work for processing.
QA/QC
QA/QC routines begin before the mission. It is the first management a ct
ivity to ensure that a process, item, or
service is of the quality expected by the user, as well as to create management controls that address planning, implementation and review of data collection activities. Subsequent QA/QC activities provide routines
a
nd
consistency checks to ensure project integrity, correctness, and completeness.Concurrent with the compilation of the report, all drawings and data will be reviewed and double -
checked for accuracy and viability. The ADAAG,
ADAS and the California Build
in
g Code cited will be verified and the barrier location examined to ensure accuracy and the highest quality report.
Because SSA does not utilize sub consultants when conducting ADA Transition Plans, SSA can better control accuracy in the collection and c
om
pilation of the data and quality of the final report. Only SSA staff will be conducting the process.
SSA will QA/QC all materials prior to submittal to the City of Rialto.
b. Coordination with Local Groups Representing Persons with Disabilities
SSA wi
ll coordinate with the city of rialto for public outreach to local, regional groups that represent persons with
disabilities.
c. Attend Kick
-
Off, Interim Progress and Final Completion Meetings
The kick
-
off meeting is the opportunity for the City s
taff a
nd SSA staff to review and refine the scope of work,
completion schedules, as well as project communications, final deliverables and overall project strategies and goals. SSA will record and distribute Meeting Minutes to ensure project -
wide understan
ding a
nd accord of all
decisions taken at the kick
-
off meeting. At the City discretion, the kick
-
off meeting can be conducted via virtual
conference technology.
SSA will schedule Interim and final completion meetings (via virtual conference technology at
the C
ity discretion)
to be conducted with designated City staff at 50%, 75% & 90% completion to review anticipated Tasks and schedule, review available information and needs, and address any outstanding questions regarding the project continuing to move f
orward
raised by City or SSA.
Deliverables include:
Four (4) staff meetings and (1) City Council meeting. Digital copy of monthly project status updates. Presentation and meeting materials to be included in this task. Digital copy of meeting minutes.
Task 2. Accessibility in Public Rights
-
of
-
Way (PRoW)
a.
Inventory Review
Prior to performing the physical survey of City Public Right -
of
-
Way, SSA will prepare a rating system for the non
-
compliant items to facilitate identifying and cataloging the t ype and severity of distress to be used in data
collection for City’s review and
approval.
SSA will also review the City’s available inventory list and GIS data to confirm locations of sidewalk, curb ramp and pedestrian signals adjacent to approximately 2
80 centerline miles of streets. Upon completion of the
inventory review, SSA wil
l confirm the final PRoW elements inventory counts with the City before beginning subsequent physical survey.
b.
Physical Surveys of City PRoW (Estimated 560 Miles Sidewalks,
10,360 CRs, 1,658 Pedestrian
Signals, the final counts of PRoW elements will be
re
-
evaluated with the City during contract
negotiation.)
For the pedestrian infrastructure inventory of the Public Rights -
of
-
Way, SSA proposes to use a unique but proven
prop
rietary technology to document barriers and prioritize improvements where they a re most needed. Similar
technology, originally developed through a pilot program with the Federal Highway Administration (FHWA), has been implemented for the field inventory of
pedestrian facilities in many other cities. The device is designed to measure t
he sidewalk surface at a rate of thousands of records per second capturing highly accurate information about slope and small surface variations identifying deviations from requ ired ADA standards and other applicable
technical requirements codes. A notebook
computer on the surface profiler offers an interactive, real -
time
display during data collection.
For sidewalk cross
-
slopes, running slopes, vertical changes in level and obs tructions, the measuring equipment
provides a location and precise measurement o
f the barriers. Since most of the operation of this equipment is automated, the data collection will be consistent throughout the project area. This methodology has been used s
uccessfully on previous projects, saving immeasurable time and money while provi ding a superior deliverable
for our clients. The data collected will be stored in a geodatabase which will form an optional deliverable for this project.
SSA’s Accessibility S
urveyors will collect the required information for the curb ramps and traffic si gnals
throughout the City
-
owned streets. A data collection checklist, based on ADA and DOT requirements as well as PROWAG recommendations, will be pre
-
programmed into handheld
data collectors. Using traditional measuring
and smart
-
level equipment, Accessib
ility Surveyors will enter data directly into the data collectors.
SSA will use handheld computers to input measurements in the field and identify the precise geographic locat ion
of the pedestrian features. Data collection, data validation, and linking to
location and digital photo files will
happen automatically as the Accessibility Surveyors enter data and move from point to point. The Accessibility Surveyors will access the
data entry and validation forms and aerial photography along with right -
of
-
way,
utility,
topographic, or other feature data sets pre
-
loaded on the data collectors for easy reference in the field. This is very important as the logistics for the day’s work w
ill be identified on the map to keep the project on schedule and to minimize the
possibility of missing an important feature in the field.
c.
Draft Pubic Right
-
of
-
Way Access Compliance Assessment Reports
Once review of the field data is complete; SSA wi
ll originate the Draft Physical Survey Reports / Access Compliance Assessment Reports (ACAR) identifying each physical element within the City’s Public Right -
of
-
Way
that constitutes a code violation or other
wise hinders or prevents access to persons with d
isabilities.
SSA will present
draft Public Right
-
of
-
Way survey reports
and re
cord feedback
from the City team.
SSA will plan and
facilitate review
meetings via virtual
conference
technology with the City staff as required to assure their familiarity
with the draft reports developed under the plan and
address any questions or commen
ts in a timely manner.
Each ACAR will include, but is not limited to the following:
•
Executive summary;
•
As
-
built dimensions as it relates to ADA and other relevant code/guideline access;
•
Barrier Severity Rating (relative level of impact to access);
•
Prioritization & Severity
Rating;
•
Reference to code defining the barrier to access;
•
Proposed solution(s) to
eliminate the barrier;
•
Individual conceptual cost estimate for each solution;
•
Digital photograph(s) of each barrier to access;
•
Reference drawing/map showing the locatio
n of the barrier.
d. Final Public Right
-
of
-
Way Access Compliance Assessment Reports
SSA will incorporate all comments and prepare final Public Rights -
of
-
Way survey
reports. The survey reports will
be included in the ADA Transition Plan report to b
e completed under a subsequent Task.
Deliverables include:
City’s Public Right
-
of
-
Way Access Compliance Assessment Reports in PDF format.
Task 3. Accessibility in City
Owned and Operated Facilities
a. Inventory Review
SSA will review the inventory, previous studies, and planned capital improvement projects that may modify existing facilities. SSA will review the complete City inventory to confirm which facilities prov ide public access
and are not required to be surveyed
. SSA will review each facility indetail to determine what area of the facility are subject to public accommodation and are required to be surveyed, and which areas are not considered public accommodatio
ns and are not required to be surveyed.
SSA will wor
k with City staff, including City’s legal counsel and/or Risk Management staff when appropriate, to determine if City
-
owned facilities leased or used by other entities are required to be covered under th e Physical
Survey Task and the Transition Plan. This
determination will be made prior to performing physical surveys.
Upon completion of the inventory review, SSA will deliver a final facility inventory before beginning subsequent physical survey.
b. Fac
ility Diagrams
SSA’s site and facility reports will
include schematic site and floor plans (provided to SSA by the City) on 8.5” x 11” sheets to facilitate locating barriers identified in the ADA Transition Plan. These key drawings correspond to items in
the ADA Transition Plan.
c. Physical Surveys of City
Buildings & Parks per RFQ Attachment E
SSA will conduct surveys of all City buildings & parks, on the inventory list to identify and locate all physical barriers to access. SSA will be responsible for
determining and identifying the applicable accessibil
ity standards
and codes under which features will be measured and confirm the standards and codes with the City prior to performing the surveys.
Interior:
Survey will
i
nclude all interior areas accessible to and by the general public (and select employee areas where there may be an opportunity to develop program alternatives and options for value engineering); entrances and exits; interior paths of travel; lobbies; pub
li
c counters; seated waiting areas; public telephones (including TTY); drinking fountains; elevators; platform lifts; doors and gates; access to and through all rooms and spaces; corridors, hallways and vestibules; restrooms; room identification signs; are
as
of rescue assistance; assembly areas; assistive listening systems; and alarms.
SSA will determine specific features to be surveyed as required and as applicable under the accessibility standards and codes. Field surveys of facility/buildings (including interiors, accessible parking, passenger drop -
off
and loading zones, pedestrian
pa
thways, restrooms, etc.) shall include the collection and precise documentation of field data for accessibility elements at each site identified in the scope of work. For City parks, SSA will conduct surveys to include paths, parking lots, restrooms, ame
ni
ties, sport and play areas to identify and locate all
physical barriers
to access.
Field survey assessments will be done in the most unobtrusive manner possible to afford the least disruption to the City’s business. SSA field survey staff will use the ap
plicable current code standards; the updated 2010
regulations of Title II of the ADA, the Americans with Disabilities Act Accessibility Guidelines (ADAAG), and the 2019 edition of the California Code of Regulations/Title 24 and as applicable, the Califor ni
a Building Code (CBC).
Elements required to be accessible and covered by the surveys will include the following:
Site Exterior:
Survey will include exterior path of travel from/to the nearest site entrance point from/to the public right
-
of
-
way; accessib
le
parking spaces; passenger drop
-
off and loading zones; walks and sidewalks; curb
ramps; other ramps; way
-
finding signage; exterior elevators, lifts and where paths of travel from public transit or public parking serve the facility.
d. Draft Buildings & Parks Access Compliance Assessment Reports
Once review of the field data is complete; SSA will originate the Draft Physical Survey Reports / Access C
om
pliance Assessment Reports (ACAR) identifying each physical element within the public areas of City facilities that constitutes a code violation or otherwise hinders or prevents access to persons with disabilities.
Each ACAR will include, but is not lim
it
ed to the following:
•
Executive summary;
•
As
-
built dimensions as it relates to ADA and other relevant code/guideline access;
•
Barrier Severity Rating (relative level of impact to access);
•
Prioritization & Severity Rating;
•
Reference to code defining the
b
arrier to access;
•
Proposed solution(s) to eliminate the barrier;
•
Individual conceptual cost estimate for each solution;
•
Digital photograph(s) of each barrier to access;
•
Reference drawing/map showing the location of the barrier.
SSA will present dra
ft City facilities survey reports and record feedback from the City team. SSA will plan and facilitate review meetings via virtual conference technology with the City staff as
required to assure their
familiarity with the draft reports developed under the
plan and address any questions or comments in a timely
manner.
e. Final Buildings & Parks Access Compliance Assessment Reports
SSA will incorporate all comments and prepa
re final City facilities survey reports. The survey reports will be included in t
he ADA Transition Plan report to be completed under a subsequent Task.
Deliverables include:
City facilities Access Compliance Assessment Reports including facility diagrams in PDF
format.
Task 4. Comprehensive ADA Transition Plan
SSA will prepare an ADA Transition Plan. The Plan will include a written report which generally consists of the
following chapters:
1. Introduction detailing purpose and methodologies used for the Transiti on
Plan.
2. Report of findings and identify
all key personnel in charge of implementing the
plan.
3. Identify all barriers to meeting compliance. Include prioritization criteria for mitigating barriers where multiple options or scenarios exist and a
timeline for repair.
•
List the structural c
hanges that need to be made. Include the access issues, solutions, timelines and responsible departments. For non
-
structural items provide an action plan.
4. Cost estimates for
recommendations.
5. Updati
ng the City’s Grievance Procedure for resolving
discriminatory
claims.
6. A conclusion of findings and supporting documents. The plan must be reviewed and signed by a Certified Access Specialist (cASp) prior to the city’s acceptance.
7. Appendices in
cluding facility reports for all sites assessed. Reports will consist of diagrams, plans, and a summary table to help identify and prioritize barriers, solutions, and probable cost for corrections.
8. Any other requirements where mandated b
y Title II of
the ADA or per request by
City.
a. Draft ADA Transition Plan
The Transition Plan aspect of the report will identify and prioritize removal of structural barriers for accessibility purposes. The Transition Plan will accomplish the following :
•
Recommenda
tions and cost to ensure compliance under ADA
•
Identification of physical barriers in the City’s facilities that limit the accessibility of individuals with disabilities and cost to remove these barriers
•
Detailed description of the methods an
d cost that w
ill be used to make the facilities accessible, and
responsible party to make the structural modifications.
•
Schedule for taking the steps necessary to upgrade access. If the time period for achieving upgraded access exceeds one year, then ident
ify the inter
im steps to be taken during each year following adoption of the Transition Plan
•
Indicate the City designee responsible for implementation of the Plan
The Transition Plan aspect of the report will provide an analysis and summary of the follo wing:
•
Method
ology for prioritization of barrier remediation
•
Estimated costs for barrier remediation
•
Implementation schedule
•
Procedures and forms for monitoring implementation
•
Procedures and forms for performing evaluations of additional barriers
•
Procedures and fo
rms for filing Requests for Accommodation/Grievances
•
Standard drawings for remediation methods
•
Identify the responsible party for implementing the ADA plans
•
A secti
on will also be included that lists references and contact information
SSA will identif
y any programmatic solutions to remove an existing barrier by providing equivalent facilitation in lieu of making physical alterations.
SSA will work with City staff
to prioritize removal of architectural barriers at each facility. SSA will consider past and current City planning activities to incorporate the activities into the Transition Plan.
SSA will develop the Draft Self
-
Evaluation including questionnaire respon
ses, grievance procedure and work plan.
SSA will develop the Draft Transition Plan inclu
ding priorities, schedule, funding, standard drawings and implementation.
SSA will present the Draft ADA Transition Plan and record feedback from the City team. SSA will plan and facilitate review meetings via virtual conference technology with the City staff as required to assure their familiarity with the draft ADA Transitio
n
Plan developed under the plan and address any questions or comments in a timely manner.
b. Final ADA Transition Plan with Executive Summary
SSA will incorporate all changes and develop the final ADA Transition Plan including executive summary.
c.
I
ntegration of Transition Plan with City’s STIP and TIP
SSA will integrate the Transition Plan with the City’s Statewide Transportation Improvement Program (STIP) and Transportation Improvement Program (TIP).
d. Public Right
-
of
-
Way Accessibility Stan
da
rd Drawings
In order to improve the City’s accessibility design, SSA will provide the City with replacement of outdated, as well as expanding on the Public Right
-
of
-
Way Accessibility Standard Drawings.
e. Public Right
-
of
-
Way Design Guidelines
SSA w
ill provide the City designers and engineers with Public Right -
of
-
Way Design Guidelines.
f. Draft Monitoring Database in Excel and Grievance Procedure
Once review of the field data is complete, SSA’s technical staff will handle the important task
of d
ata entry. SSA
has developed an excellent computer
-
based tool, which provides a variety of accessibility functions. SSA’s FileMaker database is a relational database program that assembles, organizes and maintains field survey data; maintains records
of as
-
built conditions (actual measurements), code requirements (required measurements), conceptual cost estimates, and recommendations for solutions for the removal of non -
compliant access barriers.
The program will also generate the access compliance sur vey r
eport.
The FileMaker database will list the identified barriers in a report format that cites all deviations from applicable accessibility requirements contained in the 1991 (revised in 1994) Americans with Disabilities Act Accessibility Guidelines a
nd 20
10 Americans with Disabilities Act Accessibility Standards and the International Building Code, as well as California Building Code 2019. The format will allow sorting of recorded information by location, type, severity, category, cost of identified b
arrie
rs, etc.
This flexible tool can be easily modified to handle specific client requests and sorting functions; for example, listing the associated costs of updating non
-
compliant hardware at building entrances within a particular facility.
All building
and
parks data is exportable and compatible with a variety of formats including Microsoft Excel (*.xls), Access (*.dbf) and Adobe Acrobat (*.pdf).
The inventory database will be submitted as a draft for City review and comment, and comments shall be inco
rpora
ted into the final version.
In addition, SSA will develop and share a Grievance procedure for resolving discriminatory claims.
SSA will also train designated City staff in the following area:
•
Using and maintaining the database
•
Implementing the Gri
evanc
e process
g. Final Monitoring Database in Excel and Grievance Procedure
Once the City staff has reviewed and commented on the Draft Database and Grievance Procedure, then SSA will incorporate those comments into the Final Database.
Deliverables include:
City’
s Public Rights
-
of
-
Way and Facilities ADA Transition Plan in PDF format, Public Right -
of
-
Way
design guidelines and accessibility standard drawings in PDF format, and an electronic monitoring database in a Microsoft Excel format
.
Task 5. Public Outreach/
Meetings
SSA will assist the City of Rialto in hosting outreach events, and soliciting input from stakeholders, per ADA §35.150(d)(1) during the development of the transition plan: “ …
A public entity shall provide an opportunit
y to
interested persons, incl
uding individuals with disabilities or organizations presenting individuals with disabilities, to participate in the development of the transition plan”
a. Administration Including Presentation, Agenda, Materials & Minutes
Pu
blic Outreach Meeting Conting
ency Plan
Social distancing and sheltering in place are the new normal, but public vetting of the Transition and Self -
Evaluation plan is still required by law. Even if the world returns to ‘normal’ anytime soon, it’s likely tha t
communities of people with
disabilities may not want to attend in
-
person gatherings because they may be more
susceptible to
ongoing health issues.
In order to help the City to meet its legal obligations for public vetting of this Transition Plan, Sally
Swanson
Architects proposes
the following Virtual Town Hall Contingency Plan that can be implemented at the City’s discretion.
SSA will host “virtual” Town Halls along with online surveys that can be noticed to the public through the City’s marketing cha
nnels (e.g. websites, newslet
ters, email blasts).
Virtual Town Hall
•
Set up virtual town hall meetings via Zoom Webinar.
•
Anyone who wishes to participate will need to register (for security, to ensure participants can access, and to support subsequent
follow up if needed).
•
Zoom Town Hall meetings will feature ASL and live captioning provided by the City.
•
City and SSA will c
o
-
facilitate the Town Halls, presenting an overview of Transition Plan findings and offering an opportunity for public comment.
•
SS
A will moderate participation to ensure all questions are addressed, and all who wish to have an opportunity to comment are in
vited to do so.
•
•
During Zoom Town Halls, participants will be invited to use video conference features such as:
•
o Raise hands
(to make comments or ask questions).
•
o Chat box (to make comments or ask questions).
•
o Q&A.
•
Meetings will be recorded and m
ade available for later viewing, if the City wishes.
•
Anyone who is unable to attend may submit a public comment via email, in wri ting, or by
phone.
•
Meeting organizers document all comments made by participants
Surveys
•
SSA will develop a post
-
town
halls survey to be sent out to participants after town halls, if the City
wishes.
Share the Results
•
Create short reports with the data, results and input from the online surveys and virtual town halls input.
•
Share reports with the public.
•
Thank community members for their participation and ensure that their feedback will be
part of the final
repor
ts.
b. Public Outreach Online Meeting No.1
SSA will conduct Public Outreach On
-
Line Meeting No. 1 that fulfills the City’s directive regarding a virtual meeting format.
c. Public Outreach Online Meeting No.2
SSA will conduct Pu
blic Outreach On
-
Line Mee
ting No. 2 that fulfills the City’s directive regarding a virtual meeting format.
d. Attend One (1) City Council Meeting
At the request of the City, SSA will attend a City Council Meeting (via virtual conference technology at the
City’s
discretion).
Deliverables include:
Assume 2 public outreach meetings and 1 City Council Meeting. Presentation and meeting materials to be included in this task. Digital copy of meeting minutes.
Task 6. Public Right
-
of
-
Way GIS Integration (Opti
onal)
The City
-
wide r
eference map includes the data validation tools used in the project GIS and will create a platform from which the City staff can analyze and retrieve information on barriers in the Public Right -
of
-
Way, identifying
corrective measures
on where to make repai
rs to pedestrian features. SSA will customize the data elements and analysis reports to facilitate the integration of the data into the City’s GIS.
The maps will fully show distinct points for each identified barrier to access. The G IS data shall graphica
lly display
the physical barrier, and include associated data about the barrier from the Transition Plan such as description, cost to remove, year of removal under the Transition Plan, etc.
The inventory database and GIS mapping will
be submitted as a dra
ft for City review and comment, and
comments shall be incorporated into the final version.
a. Draft City PRoW ArcGIS Map
SSA will prepare a Draft City PRoW / ArcGIS Map to integrate with the City’s system.
b. Final City PRoW ArcGIS
Map
SSA will prepare
a Final City PRoW / ArcGIS Map to integrate with the City’s system.
Deliverables include:
City
-
wide Public Right
-
of
-
Way ArcGIS Map for identified access barrier and associated data.
Task 7. City Programs and Services (Optional)
At the City’s direction, SSA will evaluate municipal codes, master plans, programs, city contract language, and activities for compliance with ADA and California accessibility requirements.
a. Identify Programs and Services and Associated Policies and Procedures
SSA will review City policies, documentation, and program procedures to identify issues which may be discriminatory to people with disabilities. The review will include City poli cy documents that affect the public.
This evaluation will factor in current le
vel of program accessibility, including eligibility requirements, participation requirements, facilities used eligibility, staffing, transportation, communication, emergency proc
edures and grievance procedures
for accessibility.
SSA will identify and obt
ain all necessary documents and materials to conduct the audit process and survey. SSA will review existing City documentation, departmental and facility rules and regulations, p lanning documents and
any other written policy documentation provided by the C ity and identified as relevant by SSA. SSA will assist the City in identifying the documents and materials needed for review that the City is to furnish and request such document
s and materials from the City.
SSA will assist the City in developing the too
ls and procedures needed to conduct a Self
-
Evaluation and
implement recommendations in accordance with the guidelines and requirements of the Americans with Disabilities Act.
b. Selecting Key Personnel Including Orientation Meeting
SSA will coordinate
with designated key City staff to orient staff with the Self -
Evaluation process, including type
of information that will be requested in staff surveys and how the information wi ll be used for the Self
-
Evaluation. SSA will assist the City in identifying wh
at staff/departments shall be considered as key staff to coordinate with.
SSA meets with designated key City staff via virtual conference technology (at the City discretion) to orient
staffon the Self
-
Evaluation process, including types of information tha
t will be requested in staff surveys and how
the information will be used for the Self
-
Evaluation.
•
SSA assists the City in identifying what staff/departments will be considered as key staff to attend
the meeting.
•
SSA administers a staff survey to evaluat
e the level of program accessibility within each City
department.
•
Once the surveys are complete, SSA reviews information provided, then identifies, requests and reviews any addi
tional information that may be helpful in the evaluation of City -
wide and program
-
specific
policies, practices and procedures.
•
If needed, SSA ma
y conduct brief phone or in
-
person interviews with survey respondents to discuss
initial find¬ings and follow
-
u
p with additional questions, if necessary.
•
Finally, SSA drafts a report and recommendations for the City to review.
•
Following City review, disc
ussion and integration of public comment, SSA prepares a final survey document.
SSA understands that some sur
vey respondents may not have in
-
depth knowledge of the ADA and accessibility
concepts, and that some Cities may have heightened sensitivity to th is process. SSA ensures that, throughout the
entire survey process, SSA is available to answer any questions, a nd work closely with the City to ensure
maximum comfort and security with the process and results.
SSA will incorporate all comments and
prepare final survey documents. SSA will
be fully responsible for distributing and
collecting the survey and results; City
will only provide administrative support
on an as
-
needed basis upon requ
es
t. SSA
will notify the City if there is no responsiveness or delays in receiving surveys from City staff. SSA will also discuss with
each staff member their responses to the survey questions.
SSA will administer a staff survey to evaluate the level of program accessibility within each City department. SSA will be responsible to determine the format and contents of the survey in order to conduct a complete and comprehensive Self
-
Evaluation, ho
we
ver, it is anticipated that the staff survey will consider such information as eligibility requirements, participation requirements, and facilities used, staff training, transportation, communications, notifications, public meetings, use of contracted se rv
ices, purchasing, maintenance of
accessible features, and emergency procedures.
SSA will submit a draft of the survey for City review, allow for comments, and then prepare final survey documents.
SSA will present draft survey questionnaires and record fe
edback from the City Team. SSA will plan and facilitate review meetings via virtual conference technology with the City staff as required to assure their familiarity with the draft survey questionnaires under the plan and address any questions or comment s
in a timely manner.
d. Draft Programmatic Survey Reports
SSA will present draf
t
Programmatic survey reports and record feedback from the City team. SSA will plan and facilitate review meetings via virtual conference technology with the City staff as required to assure their familiarity with the draft reports developed under the plan
a
nd address any questions or comments in a timely
manner.
e. Final Programmatic Survey Reports
SSA will Incorporate all Comments and Prepare Final Programmatic Survey Reports.
Deliverables include:
City’s Programs and Services evaluation reports inc
lu
ding an implementation work plan in
PDF format.
Task 8. Training (***At No Cost to The City***)
SSA will conduct one (1) Training Workshop with designated City Staff on maintaining and updating the ADA Transition Plan (at the City’s discretion, this
may be conducted via virtual conference technology).
a. On
-
line Training on Applicable Code, Inspecti
on, Report, Database and Procedures
Training shall be conducted to include, but not limited to:
•
Review Federal and/or State accessibility standards and
codes
•
Update Transition Plan inventory list and mapping
•
Monitor and update the ADA Transition Plan
B
-
1 EXHIBIT “
B
”
“
COST PROPOSAL
”
CITY OF RIALTO - PUBLIC RIGHT-OF-WAY ADA TRANSITION PLAN - PROJECT NUMBER 190808 - FEE PROPOSAL - SALLY SWANSON ARCHITECTS, INC. (SSA) Tasks Total
Principal-
in-Charge
Project
Manager
Policy
Specialist
Facility
Specialist
GIS/
Database
Specialist
Technical
Staff
PRoW
Surveyor
Admin
Staff
Sally
Swanson
Shao
Chen
Joshua
Klipp (Various) Brandon
Guyton (Various) (Various) (Various)
$215.00 $185.00 $185.00 $135.00 $100.00 $65.00 $65.00 $60.00
1. Oversee Develo
pment and Execution of Public Right-of-Way ADA Transition Plan a. Administration and Management 32 8 40 $6,400.00 $6,400.00 b. Coordination with Local Groups Representing Persons with Disabilities 4 4 8 $1,480.00 $1,480.00 c. Attend Kick-Off, Interim Progress and Final Completion Meetings 2 8 8 8 26 $4,190.00 $4,190.00 Subtotal: 2 44 12 0 8 0 0 8 74 $12 ,070.00 $0.00 $0.00 $0.00 $12 ,070.00
2. Accessibility in City-wide Public Right-of-Way
a. Inventory Review 2 8 10 $1,170.00 $1,170.00
b. Physical Surveys of City PRoW (Estimated 560 Miles Sidewalks, 10,360 CRs, 1,658 Pedestrian Signals) 2 8 2400 2410 $157,170.00 $24,000.00 $6,300.00 $187,470.00 c. Draft Public Right-of-Way Access Compliance Assessment Reports 1 4 16 400 421 $28,555.00 $28,555.00 d. Final Public Right-of-Way Access Compliance Assessment Reports 2 8 40 50 $3,770.00 $3,770.00 Subtotal: 1 10 0 0 40 440 2400 0 2891 $190 ,665.00 $24 ,000.00 $0.00 $6 ,300.00 $220 ,965.00
3. Comprehensive Public Right-of-Way ADA Transition Plan a. Draft ADA Transition Plan 18488 1 2 0 1 4 9 $12,115.00 $12,115.00 b. Final ADA Transition Plan with Executive Summary 14244 4 0 5 5 $4,865.00 $4,865.00 c. Integration of Transition Plan with City's STIP and TIP 1 2 8 40 51 $5,665.00 $5,665.00 d. Public Right-of-Way Accessibility Standard Drawings 2 8 40 50 $4,050.00 $4,050.00 e. Public Right-of-Way Design Guidelines 2 8 40 50 $4,050.00 $4,050.00 f. Draft Monitoring Database in Excel and Grievance Procedure 2 8 24 34 $4,250.00 $4,250.00 g. Final Monitoring Database in Excel and Grievance Procedure 2 4 4 10 $1,510.00 $1,510.00 Subtotal: 3 22 18 36 80 240 0 0 399 $36 ,505.00 $0.00 $0.00 $0.00 $36 ,505.00
4. Community Outreach - Public Right-of-Way
a. Administration Including Presentation, Agenda, Materials & Minutes 8888 3 2 $ 4 ,840.00 $4 ,840.00 b. Public Outreach Online Meeting No.1 2222 8 $1,210.00 $1,210.00 c. Public Outreach Online Meeting No.2 2222 8 $1,210.00 $1,210.00 d. Attend One (1) City Council Meeting 2222 8 $1,440.00 $160.00 $1,600.00 Subtotal: 2 14 14 14 12 0 0 0 56 $8 ,700.00 $0.00 $160.00 $0.00 $8 ,860.00
5. Public Right-of-Way GIS Integration
a. Draft City PRoW ArcGIS Map 200 200 $20 ,000.00 $20 ,000.00 b. Final City PRoW ArcGIS Map 40 40 $4,000.00 $4,000.00 Subtotal: 0000 2 4 0000 2 4 0 $ 2 4 ,000.00 $0.00 $0.00 $0.00 $24 ,000.00
6. City-wide Self-Evaluation - Public Right-of-Way
a. Identify Programs and Services and Associated Policies and Procedures 2 4 6 $1 ,110.00 $1 ,110.00 b. Selecting Key Personnel Including Orientation Meeting 2 4 6 $1,110.00 $1,110.00 c. Staff Surveys Including Questionnaires 2 8 10 $1,850.00 $1,850.00 d. Draft Programmatic Survey Reports 2 40 42 $7,770.00 $7,770.00 e. Final Programmatic Survey Reports 2 8 10 $1,850.00 $1,850.00 Subtotal: 0 10 64 0 0 0 0 0 74 $13 ,690.00 $0.00 $0.00 $0.00 $13 ,690.00
7. Public Right-of-Way Training (***At No Cost to The City***) a. On-line Training on Applicable Code, Inspection, Report, Database and Procedures 2886 2 4 $0.00 $0.00 Subtotal: 02886000 2 4 $0.00 $0.00 $0.00 $0.00 $0.00
Grand Total: 8 102 116 58 386 680 2400 8 3758 $285 ,630.00 $24 ,000.00 $160.00 $6 ,300.00 $316 ,090.00 Notes: 1. If there is a significant increase to the scope of work outlined above, SSA reserves the right to renegotiate the services fee with the City of Rialto.
2. Sally Swanson Architects, Inc. (SSA) guarantees that no additional fees will be charged to the City of Rialto without prior written consent by the City.
3. All expenses are included, including reimbursable, if applicable.
4. All reports will be submitted in PDF format.
Task Description Task
#
Total
Hours
Total Labor
Costs Car ($400/
Week)
Sally Swanson Architects, Inc.
Total Fee
Car
($80/Day)
Meals &
Incidental
($21/Day)
ODC's
Other Direct Costs
11/22/2021
CITY OF RIALTO - PUBLIC FACILITIES ADA TRANSITION PLAN - PROJECT NUMBER 190210 - FEE PROPOSAL - SALLY SWANSON ARCHITECTS, INC. (SSA) Tasks Total
Principal-
in-Charge
Project
Manager
Policy
Specialist
Facility
Specialist
GIS/
Database
Specialist
Technical
Staff
PRoW
Surveyor
Admin
Staff
Sally
Swanson
Shao
Chen
Joshua
Klipp (Various) Brandon
Guyton (Various) (Various) (Various)
$215.00 $185.00 $185.00 $135.00 $100.00 $65.00 $65.00 $60.00
1. Oversee Develo
pment and Execution of Public Facilities ADA Transition Plan a. Administration and Management 32 8 40 $6,400.00 $6,400.00 b. Coordination with Local Groups Representing Persons with Disabilities 4 4 8 $1,480.00 $1,480.00 c. Attend Kick-Off, Interim Progress and Final Completion Meetings 2 8 8 8 26 $4,190.00 $4,190.00 Subtotal: 2 44 12 0 8 0 0 8 74 $12 ,070.00 $0.00 $0.00 $0.00 $12 ,070.00
2. Accessibility in City-wide Public Facilities
a. Inventory Review 2 8 10 $1 ,450.00 $1 ,450.00
b. Facility Diagrams 2 8 80 90 $6,650.00 $6,650.00
c. Physical Surveys of City Buildings & Parks per RFQ Attachment E 2 440 442 $59,770.00 $4,400.00 $1,155.00 $65,325.00 d. Draft Buildings & Parks Access Compliance Assessment Reports 1 4 16 200 221 $16,115.00 $16,115.00 e. Final Buildings & Parks Access Compliance Assessment Reports 2 8 40 50 $4,050.00 $4,050.00 Subtotal: 1 12 0 480 0 320 0 0 813 $88 ,035.00 $4 ,400.00 $0.00 $1 ,155.00 $93 ,590.00
3. Comprehensive Public Facilities ADA Transition Plan
a. Draft ADA Transition Plan 18488 1 2 0 1 4 9 $12,115.00 $12,115.00 b. Final ADA Transition Plan with Executive Summary 14244 4 0 5 5 $4,865.00 $4,865.00 c. Draft Monitoring Database in Excel and Grievance Procedure 2 8 16 26 $3,450.00 $3,450.00 d. Final Monitoring Database in Excel and Grievance Procedure 2 4 4 10 $1,510.00 $1,510.00 Subtotal: 2 16 18 12 32 160 0 0 240 $21 ,940.00 $0.00 $0.00 $0.00 $21 ,940.00
4. Community Outreach - Public Facilities
a. Administration Including Presentation, Agenda, Materials & Minutes 8888 3 2 $ 4 ,840.00 $4 ,840.00 b. Public Outreach Online Meeting No.1 2222 8 $1,210.00 $1,210.00 c. Public Outreach Online Meeting No.2 2222 8 $1,210.00 $1,210.00 d. Attend One (1) City Council Meeting 2222 8 $1,440.00 $160.00 $1,600.00 Subtotal: 2 14 14 14 12 0 0 0 56 $8 ,700.00 $0.00 $160.00 $0.00 $8 ,860.00
5. City-wide Self-Evaluation - Public Facilities
a. Identify Programs and Services and Associated Policies and Procedures 2 8 10 $1 ,850.00 $1 ,850.00 b. Selecting Key Personnel Including Orientation Meeting 2 8 10 $1,850.00 $1,850.00 c. Staff Surveys Including Questionnaires 2 16 18 $3,330.00 $3,330.00 d. Draft Programmatic Survey Reports 2 80 82 $15,170.00 $15,170.00 e. Final Programmatic Survey Reports 2 16 18 $3,330.00 $3,330.00 Subtotal: 0 10 128 0 0 0 0 0 138 $25 ,530.00 $0.00 $0.00 $0.00 $25 ,530.00 Grand Total: 7 96 172 506 52 480 0 8 1321 $156 ,275.00 $4 ,400.00 $160.00 $1 ,155.00 $161 ,990.00 Notes: 1. If there is a significant increase to the scope of work outlined above, SSA reserves the right to renegotiate the services fee with the City of Rialto.
2. Sally Swanson Architects, Inc. (SSA) guarantees that no additional fees will be charged to the City of Rialto without prior written consent by the City.
3. All expenses are included, including reimbursable, if applicable.
4. All reports will be submitted in PDF format.
Sally Swanson Architects, Inc.
Total Fee
Car
($80/Day)
Meals &
Incidental
($21/Day)
ODC's
Other Direct Costs
Task Description Task
#
Total
Hours
Total Labor
Costs Car ($400/
Week)
11/22/2021
C
-
1 EXHIBIT “
C
”
“
SCHEDULE OF PERFORMANCE”
ID Task Name Duration Start Finish
1 City of Rialto Public Right-of-Way ADA Transition Plan 355 days Mon 1/17/22 Fri 5/26/23 2 1. Oversee Development and Execution of Public Right-of-Way ADA Transition Plan 355 days Mon 1/17/22 Fri 5/26/23 3 Anticipated Project Start Date 0 days Mon 1/17/22 Mon 1/17/22 4 Administration & Management 355 days Mon 1/17/22 Fri 5/26/23 5 Attend Kick-Off, Interim Progress & Final Completion Meetings 355 days Mon 1/17/22 Fri 5/26/23 6 Coordination with Local Groups Representing Persons with Disabilities 355 days Mon 1/17/22 Fri 5/26/23 7 2. Accessibility in City-wide Public Right-of-Way 270 days Mon 1/17/22 Fri 1/27/23 8 Inventory Review 15 days Mon 1/17/22 Fri 2/4/22
9 Physical Surveys of City PRoW 160 days Mon 2/7/22 Fri 9/16/22 10 Completion of Physical Surveys 0 days Fri 9/16/22 Fri 9/16/22 11 Draft Public Right-of-Way Access Compliance Assessment Reports (ACAR) 175 days Mon 2/28/22 Fri 10/28/22 12 Completion of Draft Reports 0 days Fri 10/28/22 Fri 10/28/22 13 Present Draft Reports & Record Feedback from City Team 40 days Mon 10/31/22 Fri 12/23/22 14 Incorporate Comments & Prepare Final Public Right-of-Way ACAR 65 days Mon 10/31/22 Fri 1/27/23 15 Completion of Final Reports 0 days Fri 1/27/23 Fri 1/27/23 16 3. Comprehensive Public Right-of-Way ADA Transition Plan 130 days Mon 10/31/22 Fri 4/28/23 17 Draft ADA Transition Plan 65 days Mon 10/31/22 Fri 1/27/23 18 Completion of Draft ADA Transition Plan 0 days Fri 1/27/23 Fri 1/27/23 19 Present Draft ADA TP & Record Feedback from City Team 40 days Mon 1/30/23 Fri 3/24/23 20 Incorporate Comments & Prepare Final ADA TP with Executive Summary 65 days Mon 1/30/23 Fri 4/28/23 21 Integration of Transition Plan with City's STIP and TIP 65 days Mon 1/30/23 Fri 4/28/23 22 Completion of Final ADA Transition Plan 0 days Fri 4/28/23 Fri 4/28/23 23 Public Right-of-Way Accessibility Standard Drawings 130 days Mon 10/31/22 Fri 4/28/23 24 Public Right-of-Way Design Guidelines 130 days Mon 10/31/22 Fri 4/28/23 25 Completion of Updating City PRoW Standard Drawings & Guidelines 0 days Fri 4/28/23 Fri 4/28/23 26 Draft Database in Excel & Grievance Procedure 65 days Mon 10/31/22 Fri 1/27/23 27 Completion of Draft Database & Grievance Procedure 0 days Fri 1/27/23 Fri 1/27/23 28 Present Draft Database & Grievance Procedure & Record Feedback from City Team 40 days Mon 1/30/23 Fri 3/24/23 29 Incorporate Comments & Prepare Final Database & Grievance Procedure 65 days Mon 1/30/23 Fri 4/28/23 30 Completion of Final Database & Grievance Procedure 0 days Fri 4/28/23 Fri 4/28/23 31 4. Community Outreach - Public Right-of-Way 355 days Mon 1/17/22 Fri 5/26/23 32 Administration Including Presentation, Agenda, Materials and Minutes 355 days Mon 1/17/22 Fri 5/26/23 33 Public Outreach Online Meeting No.1 40 days Mon 2/28/22 Fri 4/22/22 34 Public Outreach Online Meeting No.2 40 days Mon 1/30/23 Fri 3/24/23 35 Attend One (1) City Council Meeting 20 days Mon 5/1/23 Fri 5/26/23 36 5. Public Right-of-Way GIS Integration 130 days Mon 10/31/22 Fri 4/28/23 37 Draft City PRoW ArcGIS Map 65 days Mon 10/31/22 Fri 1/27/23 38 Completion of Draft ArcGIS Map 0 days Fri 1/27/23 Fri 1/27/23 39 Present Draft ArcGIS Map & Record Feedback from City Team 40 days Mon 1/30/23 Fri 3/24/23 40 Incorporate Comments & Prepare Final City PRoW ArcGIS Map 65 days Mon 1/30/23 Fri 4/28/23 41 Completion of Final ArcGIS Map 0 days Fri 4/28/23 Fri 4/28/23 42 6. City-wide Self-Evaluation - Public Right-of-Way 270 days Mon 1/17/22 Fri 1/27/23 43 Identify Programs and Services and Associated Policies and Procedures 50 days Mon 1/17/22 Fri 3/25/22 44 Selecting Key Personnel Including Orientation Meeting 50 days Mon 1/17/22 Fri 3/25/22 45 Staff Surveys Including Questionnaires 60 days Mon 3/28/22 Fri 6/17/22 1/17
9/16
10/28
1/27
1/27
4/28
4/28
1/27
4/28
1/27
4/28
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 2022 2023
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Progress
Deadline
Mon 11/22/21 S a l l y S w a n s o n A r c h i t e c t s Page 1 of 2 Project: City of Rialto (Project # 190808)
Public Right-of-Way ADA Transition Plan
Proposed Project Timeline
ID Task Name Duration Start Finish
46 Completion of Staff Survey 0 days Fri 6/17/22 Fri 6/17/22 47 Draft Programmatic Survey Reports 80 days Mon 6/20/22 Fri 10/7/22 48 Completion of Draft Reports 0 days Fri 10/7/22 Fri 10/7/22 49 Present Draft Reports & Record Feedback from City Team 60 days Mon 10/10/22 Fri 12/30/22 50 Incorporate Comments and Prepare Final Programmatic Reports 80 days Mon 10/10/22 Fri 1/27/23 51 Completion of Final Reports 0 days Fri 1/27/23 Fri 1/27/23 52 7. Public Right-of-Way Training (***At No Cost to The City***) 20 days Mon 5/1/23 Fri 5/26/23 53 On-line Training on Applicable Code, Inspection, Report & Database 20 days Mon 5/1/23 Fri 5/26/23 6/17
10/7
1/27
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 2022 2023
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Progress
Deadline
Mon 11/22/21 S a l l y S w a n s o n A r c h i t e c t s Page 2 of 2 Project: City of Rialto (Project # 190808)
Public Right-of-Way ADA Transition Plan
Proposed Project Timeline
ID Task Name Duration Start Finish
1 City of Rialto Public Facilities ADA Transition Plan 355 days Mon 1/17/22 Fri 5/26/23 2 1. Oversee Development and Execution of Public Facilities ADA Transition Plan 355 days Mon 1/17/22 Fri 5/26/23 3 Anticipated Project Start Date 0 days Mon 1/17/22 Mon 1/17/22 4 Administration & Management 355 days Mon 1/17/22 Fri 5/26/23 5 Attend Kick-Off, Interim Progress & Final Completion Meetings 355 days Mon 1/17/22 Fri 5/26/23 6 Coordination with Local Groups Representing Persons with Disabilities 355 days Mon 1/17/22 Fri 5/26/23 7 2. Accessibility in City-wide Public Facilities 270 days Mon 1/17/22 Fri 1/27/23 8 Inventory Review 15 days Mon 1/17/22 Fri 2/4/22
9 Physical Surveys of City Buildings & Parks 160 days Mon 2/7/22 Fri 9/16/22 10 Completion of Physical Surveys 0 days Fri 9/16/22 Fri 9/16/22 11 Facility Diagrams 175 days Mon 2/28/22 Fri 10/28/22
12 Draft Buildings & Parks Access Compliance Assessment Reports (ACAR) 175 days Mon 2/28/22 Fri 10/28/22 13 Completion of Draft Reports 0 days Fri 10/28/22 Fri 10/28/22 14 Present Draft Reports & Record Feedback from City Team 40 days Mon 10/31/22 Fri 12/23/22 15 Incorporate Comments & Prepare Final Buildings & Parks ACAR 65 days Mon 10/31/22 Fri 1/27/23 16 Completion of Final Reports 0 days Fri 1/27/23 Fri 1/27/23 17 3. Comprehensive Public Facilities ADA Transition Plan 130 days Mon 10/31/22 Fri 4/28/23 18 Draft ADA Transition Plan 65 days Mon 10/31/22 Fri 1/27/23 19 Completion of Draft ADA Transition Plan 0 days Fri 1/27/23 Fri 1/27/23 20 Present Draft ADA TP & Record Feedback from City Team 40 days Mon 1/30/23 Fri 3/24/23 21 Incorporate Comments & Prepare Final ADA TP with Executive Summary 65 days Mon 1/30/23 Fri 4/28/23 22 Completion of Final ADA Transition Plan 0 days Fri 4/28/23 Fri 4/28/23 23 Draft Database in Excel & Grievance Procedure 65 days Mon 10/31/22 Fri 1/27/23 24 Completion of Draft Database & Grievance Procedure 0 days Fri 1/27/23 Fri 1/27/23 25 Present Draft Database & Grievance Procedure & Record Feedback from City Team 40 days Mon 1/30/23 Fri 3/24/23 26 Incorporate Comments & Prepare Final Database & Grievance Procedure 65 days Mon 1/30/23 Fri 4/28/23 27 Completion of Final Database & Grievance Procedure 0 days Fri 4/28/23 Fri 4/28/23 28 4. Community Outreach - Public Facilities 355 days Mon 1/17/22 Fri 5/26/23 29 Administration Including Presentation, Agenda, Materials and Minutes 355 days Mon 1/17/22 Fri 5/26/23 30 Public Outreach Online Meeting No.1 40 days Mon 2/28/22 Fri 4/22/22 31 Public Outreach Online Meeting No.2 40 days Mon 1/30/23 Fri 3/24/23 32 Attend One (1) City Council Meeting 20 days Mon 5/1/23 Fri 5/26/23 33 5. City-wide Self-Evaluation - Public Facilities 270 days Mon 1/17/22 Fri 1/27/23 34 Identify Programs and Services and Associated Policies and Procedures 50 days Mon 1/17/22 Fri 3/25/22 35 Selecting Key Personnel Including Orientation Meeting 50 days Mon 1/17/22 Fri 3/25/22 36 Staff Surveys Including Questionnaires 60 days Mon 3/28/22 Fri 6/17/22 37 Completion of Staff Survey 0 days Fri 6/17/22 Fri 6/17/22 38 Draft Programmatic Survey Reports 80 days Mon 6/20/22 Fri 10/7/22 39 Completion of Draft Reports 0 days Fri 10/7/22 Fri 10/7/22 40 Present Draft Reports & Record Feedback from City Team 60 days Mon 10/10/22 Fri 12/30/22 41 Incorporate Comments and Prepare Final Programmatic Reports 80 days Mon 10/10/22 Fri 1/27/23 42 Completion of Final Reports 0 days Fri 1/27/23 Fri 1/27/23 1/17
9/16
10/28
1/27
1/27
4/28
1/27
4/28
6/17
10/7
1/27
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 2022 2023
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Progress
Deadline
Mon 11/22/21 S a l l y S w a n s o n A r c h i t e c t s Page 1 of 1 Project: City of Rialto (Project # 190210)
Public Facilities ADA Transition Plan
Proposed Project Timeline