Disability Access Consultants/ADA Plan 11PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and Disability Access Consultants, Inc. ("Consultant"). The parties
hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to prepare an ADA
transition plan for city leased and owned facilities and for the public rights -of -
way, as specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference (the "services" or "work"). Consultant warrants
that all services will be performed in a competent, professional and satisfactory manner
in accordance with the standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
City of La Quinta and any Federal, State or local governmental agency of competent
jurisdiction.
1.3 Licenses, Permits. Fees and Assessments. Except as otherwise specified
herein, 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 by
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 performance of the services required by
this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
(a) it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions existing
there, (c) it has carefully considered how the work should be performed, and (d) it fully
understands the facilities, difficulties and restrictions attending performance of the work
under this Agreement. Should Consultant discover any latent or unknown conditions
materially differing from those inherent in the work or as represented by City, Consultant
shall immediately inform City of such fact and shall not proceed except at Consultant's
risk until written instructions are received from the Contract Officer (as defined in
Section 4.2 hereof).
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life of
the Agreement to furnish continuous protection to the work performed by Consultant,
and the equipment, materials, papers and 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. The performance of services by Consultant shall not relieve
Consultant from any obligation to correct any incomplete, inaccurate or defective work
at no further cost to City, when such inaccuracies are due to the negligence of
Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills and
abilities and that, consistent with this understanding, Consultant's services and work will
be held to a heightened standard of quality and workmanship. Consistent with Section
1.4 hereinabove, Consultant represents to City that it holds the necessary skills and
abilities to satisfy the heightened standard of work as set forth in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the Scope
of Services ("Additional Services") when directed to do so by the Contract Officer.
Consultant shall not perform any Additional Services until receiving prior written
authorization from the Contract Officer. It is specifically understood and agreed that oral
requests and/or approvals of Additional Services shall be barred and are
unenforeceable. Failure of Consultant to secure the Contract Manager's written
authorization for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time due, whether by way of compensation,
restitution, quantum meruit, etc. for Additional Services provided without the appropriate
authorization from the Contract Manager. Compensation for properly authorized
Additional Services shall be made in accordance with Section 2.2 of this Agreement.
1.7 Special Requirements. Additional terms and conditions of this Agreement, if
any, which are made a part hereof are set forth in Exhibit "D" (the "Special
Requirements"). In the event of a conflict between the provisions of the Special
Requirements and any other provisions of this Agreement, the provisions of the Special
Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed one hundred five thousand seven
hundred eighty five dollars ($105,785) (the "Contract Sum"), except as provided in
Section 1.6. The method of compensation set forth in the Schedule of Compensation
may include a lump sum payment upon completion, payment in accordance with the
percentage of completion of the services, payment for time and materials based upon
Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods
as may be specified in the Schedule of Compensation. Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs,
transportation expense, telephone expense, and similar costs and expenses when and
if specified in the Schedule of Compensation. Regardless of the method of
compensation set forth in the Schedule of Compensation, Consultant's overall
compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of
this Agreement, "Additional Services."
2.2 Compensation for Additional Services. Additional services approved in
advance by the Contract Manager pursuant to Section 1.6 of this Agreement,
"Additional Services," shall be paid for in an amount agreed to in writing by both City
and Consultant in advance of the Additional Services being rendered by Consultant.
Any compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer. Any greater amount of
compensation for additional services must be approved by the La Quinta City Council.
Under no circumstances shall Consultant receive compensation for any Additional
Services unless prior written approval for the Additional Services is obtained from the
Contract Officer pursuant to Section 1.6 of this Agreement.
2.3 Method of Billing. Any month in which Consultant wishes to receive
payment, Consultant shall submit to City no later than the tenth (10th) working day of
such month, in the form approved by City's Finance Director, an invoice for services
rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the
services provided, including time and materials, and (2) specify each staff member who
has provided services and the number of hours assigned to each such staff member.
Such invoice shall contain a certification by a principal member of Consultant specifying
that the payment requested is for work performed in accordance with the terms of this
Agreement. City will pay Consultant for all expenses stated thereon which are
approved by City pursuant to this Agreement no later than thirty (30) days after invoices
are received by the City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in Exhibit "C" (the
"Schedule of Performance"). Extensions to the time period specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period 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 causes beyond the control and without the
fault or negligence of Consultant, including, but not restricted to, acts of God or of the
public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and unusually
severe weather, if 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 forced delay when and if in his or her
judgment such delay is justified, and the Contract Officer's determination shall be final
and conclusive upon the parties to this Agreement. Extensions to the Schedule of
Performance which are determined by the Contract Officer to be justified pursuant to
this Section shall not entitle the Consultant to additional compensation in excess of the
Contract Sum.
3.4 Term. The term of this agreement shall commence on May 4, 2011 and
terminate on November 4, 2011 (initial term). Unless earlier terminated in accordance
with Sections 8.7 or 8.8 of this Agreement, this Agreement shall continue in full force
and effect until completion of the services, except as otherwise provided in the
Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection
therewith:
a. Barbara Thorpe
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principal was a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing principal 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.
The foregoing principal may not be changed by Consultant and no other personnel
may be assigned to perform the service required hereunder without the express written
approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
Public Works Director/City Engineer or such other person as may be designated by
the City Manager of City. It shall be Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and
Consultant shall refer any decisions, which must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assionment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees were a
substantial inducement for City to enter into this Agreement. Except as set forth in this
Agreement, Consultant shall not contract with any other entity to perform in whole or in
part the services required hereunder without the express written approval of City. In
addition, neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City.
4.4 Independent Contractor. Neither 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.
Consultant shall perform all services required herein as an independent contractor of
City 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 employees
of City.
4.5 City Cooperation. City shall provide Consultant with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to Consultant only from or through
action by City.
5.0 INSURANCE
5.1 Insurance. Prior to the beginning of and throughout the duration of the work
performed under this Agreement, Consultant shall procure and maintain, at its cost, and
submit concurrently with its execution of this Agreement, personal and public liability
and property damage insurance against all claims for injuries against persons or
damages to property resulting from Consultant's acts or omissions rising out of or
related to Consultant's performance under this Agreement. The insurance policy shall
contain a severability of interest clause providing that the coverage shall be primary for
losses arising out of Consultant's performance hereunder and neither City nor its
insurers shall be required to contribute to any such loss. A certificate evidencing the
foregoing and naming City and its officers and employees as additional insured (on the
general liability policy only) shall be delivered to and approved by City prior to
commencement of the services hereunder.
The following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A-:Vl:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Consultant shall carry automobile liability insurance of $1,000,000 per accident
against all claims for injuries against persons or damages to property arising out of the
use of any automobile by Consultant, its officers, any person directly or indirectly
employed by Consultant, any subcontractor or agent, or anyone for whose acts any of
them may be liable, arising directly or indirectly out of or related to Consultant's
performance under this Agreement. If Consultant or Consultant's employees will use
personal autos in any way on this project, Consultant shall provide evidence of personal
auto liability coverage for each such person. The term "automobile" includes, but is not
limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads.
The automobile insurance policy shall contain a severability of interest clause providing
that coverage shall be primary for losses arising out of Consultant's performance
hereunder and neither City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
deferfd. The policy retroactive date shall be on or before the effective date of this
agreement.
Consultant shall carry Workers' Compensation Insurance in accordance with State
Worker's Compensation laws with employer's liability limits no less than $1,000,000 per
accident or disease.
All insurance required by this Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without written notice to City of proposed
cancellation. The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Consultant's obligation to
indemnify City, its officers, employees, contractors, subcontractors, or agents.
5.2 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or withhold
any payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
c. Terminate this Agreement
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which
Consultant may be held responsible for payments of damages to persons or property
resulting from Consultant's or its subcontractors' performance of work under this
Agreement.
5.3 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Consultant also agrees to require all contractors, and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all contractors
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available
or applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises. Consultant
shall not make any reductions in scope of coverage (e.g. elimination of contractual
liability or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Consultant or deducted from sums due Consultant, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other insurance or
self insurance available to City.
9. Consultant agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
10. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will not
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
to self -insure its obligations to City. If Consultant's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Consultant,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will
be deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
13. Consultant acknowledges and agrees that any actual or alleged failure
on the part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive any
rights hereunder in this or any other regard.
14. Consultant will renew the required coverage annually as long as City, or
its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
15. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five (5) days of the
expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
17. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
20. Consultant agrees to be responsible for ensuring that no contract used
by any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City
to reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
21. Consultant agrees to provide immediate notice to City of any claim or
loss against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
6.0 INDEMNIFICATION.
6.1 General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend and hold harmless City and any and all
of its officials, employees and agents ("Indemnified Parties") from and against any and
all claims, losses, liabilities of every kind, nature and description, damages, injury
(including, without limitation, injury to or death of an employee of Consultant or
subconsultants), costs and expenses of any kind, whether actual, alleged or threatened,
including, without limitation, incidental and consequential damages, court costs,
attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses
incurred in connection therewith and costs of investigation, to the extent same are
cause in whole or in part by any negligent or wrongful act, error or omission of
Consultant, its officers, agents, employees or subconsultants (or any entity or individual
that Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public improvements, the
Consultant shall not be liable for any injuries or property damage resulting from the
reuse of the design at a location other than that specified in Exhibit C without the written
consent of the Consultant.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant
shall indemnify, defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this Agreement by Consultant or by any individual or entity for which Consultant is
legally liable, including but not limited to officers, agents, employees or subconsultants
of Consultant.
6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth herein this section from
each and every subconsultant or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this agreement. In the event Consultant fails
to obtain such indemnity obligations from others as required herein, Consultant agrees
to be fully responsible according to the terms of this section. Failure of City to monitor
compliance with these requirements imposes no additional obligations on City and will
in no way act as a waiver of any rights hereunder. This obligation to indemnify and
defend City as set forth herein is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this agreement or this section.
a. Indemnity Provisions for Contracts Related to Construction. Without
affecting the rights of City under any provision of this agreement, Consultant shall not
be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In instances
where City is shown to have been actively negligent and where City's active negligence
accounts for only a percentage of the liability involved, the obligation of Consultant will
be for that entire portion or percentage of liability not attributable to the active
negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 6.2(b). Notwithstanding Section 6.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute "design professionals" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by law,
Consultant shall indemnify, defend, and hold harmless City and City's agents, officers,
officials, employees, representatives, and departments ("Indemnified Parties") from and
against any and all claims, losses, liabilities of every kind, nature and description,
damages, injury (including, without limitation, injury to or death of an employee of
Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged
or threatened, including, without limitation, incidental and consequential damages, court
costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, that arise out of,
pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or
indirectly employed by them or anyone that they control.
3. Design Professional Defined. As used in this Section 6.2(b), the
term "design professional" shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
7.0 RECORDS AND REPORTS.
7.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required by
this Agreement as the Contract Officer shall require.
7.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the cost and the performance of such services. Books and records
pertaining to costs shall be kept and prepared in accordance with generally accepted
accounting principals. The Contract Officer shall have full and free access to such
books and records at all reasonable times, including the right to inspect, copy, audit,
and make records and transcripts from such records.
7.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form, which
are 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 termination of this Agreement or upon the earlier request of the Contract
Officer, 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 of the
documents and materials hereunder. Consultant shall cause all subcontractors to
assign 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 suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Consultant for the
specific purpose intended and causes to be made or makes any changes or alterations
in said documents and materials, City hereby releases, discharges, and exonerates
Consultant from liability resulting from said change. The provisions of this clause shall
survive the completion of this Contract and shall thereafter remain in full force and
effect.
7.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer or as required by law. Consultant shall not disclose to any other
entity or person any information regarding the activities of City, except as required by
law or as authorized by City.
8.0 ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be construed and interpreted 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 the Superior Court of the County of
Riverside, 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.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefore. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten (10) days of
service of such notice and completes the cure of such default within forty-five (45) days
after service of the notice, or such longer period as may be permitted by the Contract
Officer; provided that if the default is an immediate danger to the health, safety and
general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to Section 8.7.
8.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Consultant in
the performance of the services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Consultant requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or
approval of any subsequent act of Consultant. Any waiver by either 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.
8.5 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.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
8.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following Section
8.8 for termination for cause. City reserves the right to terminate this Agreement at any
time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon
receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all services rendered prior to receipt 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 8.3.
8.8 Termination for Default of Consultant. If termination is due to the failure of
Consultant to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 8.2, take over work and prosecute the same to completion by
contract or otherwise, and 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 City shall use reasonable efforts to mitigate such damages),
and City may withhold any payments to Consultant for the purpose of setoff or partial
payment of the amounts owed City as previously stated in Section 8.3.
8.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled
to recover reasonable attorneys' fees and costs of suit from the losing party.
9.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Consultant, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to Consultant or to
its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her personal
interest or the interest of any corporation, partnership or association in which she or he
is, directly or indirectly, interested, in violation of any State statute or regulation.
Consultant warrants that it has not paid or given and will not pay or give any third party
any money or general consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital status, national origin or
ancestry in the performance of this Agreement. Consultant shall take affirmative action
to insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status,
national origin or ancestry.
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address
set forth below. Either party may change its address by notifying the other party of the
change of address in writing. Notice shall be deemed communicated forty-eight (48)
hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
To Consultant:
Disability Access Consultants, Inc.
Attention: Barbara Thorpe
President/CEO
720 W. Cheyenne Ave., St. 220
North Las Vegas, NV 89030
10.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated into
and superseded by this Agreement.
10.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
10.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall 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 which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties
hereunder.
10.5 Authori . The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager
ATTEST:
f4onl7r.Gr dot
Date �O J 2.0 ) I
Zk.-
Veronica J. Montecino, CMC, City Clerk
AS TO FORM:
Jenson,
CONSULTANT: Disability Access Consultants, Inc.
By: l �1�1i�Arq�
Name: Barbara Thorpe
Title: President/CEO
Date: �� ����2,Oil
EXHIBIT A
Americans with Disabilities Act (ADA) Access Consultant Services
Scope of Work
4.0 Preliminary Scope of Services
Disability Access Consultants, Inc. (DAC) proposes the following services and activities. to meet the
requirements of the City of La Quinta (City) request for proposal. Services follow the order and
classification in the City of La Quinta Request for Proposal (RFP) for ease of review by the City. The
scope of services is also divided into Alternative 1, Alternative 2 and Alternative 3 for continuity of
review.
4.1 City Owned Facilities (Building and Safety Department)
4.1.1 DAC will inspect City owned facilities and applicable properties. DAC will collect detailed field
information that will include, but is not limited to:
a. California Building Code references
b. ADA 2010 Standards
c. Detailed cost estimates
d. As -built dimensions
e. Executive and cost summaries
f. Digital photo documentation
g. Reference drawings
h. Define the facility as being post or pre 1992
i. Identify if the site has had major remodeling or renovations since July 26, 1992
4.1.2 DAC will produce a variety of Americans with Disability Act (ADA) Access Compliance Reports
showing the same information and more than listed in 4.1.1. Access compliance reports that are
generated from the DACTrak system also include priorities, projected dates, dates of completion,
progress and other areas to assist the City with the management of their transition plan.
4.1.3 DAC will incorporate the information collected in the field into a completed transition plan with
barriers addressed by levels of severity.
a. Draft versions will be presented to the City at the 65% and 90% levels in addition to the final
product.
b. Copies will be available in the DACTrak accessibility management software and/or by hard copy
in a binder format for both draft and the final report.
c. The reports will include the same level of detail found in 4.1.1
d. A portion of a sample transition plan is attached to this proposal as supplemental information. A
portion of a transition plan that identifies recommendations and deficiencies is attached. Due
to the size of most transition plans, only a portion of the plan is attached. A recent City Hall that
was completed was 800 pages with photographs. Most of our clients manage their transition
plans using the DACTrak software due to green standards and the ease of using software to
manage the plan. Our DACTrak software is Structured Query Language (SQL) based and is
compatible with the City's Windows Access Software. Thus, the City does not have separate
software, but an enhancement that integrates with the current software. Information regarding
the DACTrak software accessibility management system is included in the supplemental
materials.
4.1.4 DAC will initially provide a proposed barrier removal plan that will become a "transition plan"
when the proposed schedule for barrier removal includes dates of proposed barrier removal as
identified in 4.1.4.1 (the City prioritizes the deficiencies that will be addressed in the next fiscal year).
The City can also develop a multi -year implementation plan by projecting dates in the DACTrak software.
4.1.4.1 DAC will provide the City with the methodology to add the City prioritizations into the DACTrak
software and assist the City with consultation and recommendations. DAC prefers the proposed
methodology that the City proposes, instead of the consultant unilaterally applying priority levels and
priorities.
4,1.4.2 DAC provides a proposed industry standard for costs in the reports and the DACTrak software.
DACTrak allows for easy adjustment of costs to use City accepted unit costs. The City can also provide
DAC with Cityaccepted costs and DAC will enter the City costs into the DACTrak software.
4.1.4.3 DAC will work with the City's existing software to integrate the findings from the DACTrak
software or integrate the software system to create corrective action line items for the City's software.
4.1.4.4 The City will have the methodology to update the DACTrak software program as work orders are
completed. DAC will provide the training to update the ADA Transition Plan and print progress reports.
A screen shot is included in the supplemental materials.
4.1.4.5 As the transition plan is updated, the DACTrak software and reports produced will include the
priority and status of all deficiencies. A screen shot sample.is included.
4.1.5 DAC understands that .the City currently is running Windows Access and that no additional
software is required. DAC will integrate findings from DACTrak with the City's current software or
provide a method for the DACTrak software to integrate with the City's software.
4.1.6 DAC will train designated City staff in the following areas:
a. Applicable government code, statues and regulations
b. Performing field investigations and inspections, including recommended tools for
conducting surveys
c. Preparation of ADA Compliance Assessment Reports
d. Proper use and maintenance of the database
e. Proper use and maintenance of the map
f. Monitoring and updating the plan
g. Recommendations for setting priorities
h. Alternate specifications for accessible items and elements that will provide a cost savings
I. An option that is available to the City is for DAC to train City staff to use the DACTrak pc
tablet to conduct facility inspections. Following the facility inspection, the City inspector
would export the findings wirelessly and a report would be available within minutes.
DACTrak is web based software and provides the user, with easy to use management
features that are managed from the City's computer. In lieu of DAC completing the
inspections, the City could be trained to complete the inspections, thus providing a cost
savings and empowering City staff with the tool and the understanding to keep the City plan
current following major remodeling or renovations or the addition of new facilities.
4.1.7 DAC proposes two alternatives:
a. DAC can conduct the self evaluation for the City, or
b. DAC can consult with the City's ADA Coordinator to complete the self -evaluation (DAC
would provide sample public notices, grievance policies, reasonable accommodations
notices and other required documents) for a significant cost savings.
c. If DAC conducts the self -evaluation, DAC will review policies, procedures and practices
to determine if any are discriminatory and make recommendations for revised policies,
new policies and procedures as indicated. DAC will produce a document entitled "City
of La Quinta ADA Self -Evaluation."
4.1.8 DAC will conduct an initial project kick-off meeting with selected City staff to establish roles and
lines of communication, refine project goals, review the overall project schedule, schedule surveys of
City facilities and identify key City personnel for follow-up interviews. Initial self -evaluation activities will
be completed during this step. More specific activities will include:
a. Information that is needed will be clarified at the initial orientation meeting. The initial meeting
will also clarify proposed activities and provide a collaborative framework to discuss project
strategies. DAC has found that at least one orientation meeting is needed to prepare a strategic
project work plan. The project methodology is generally designed to develop a comprehensive
plan without placing additional activities and impact upon City of La Quinta staff.
It. Meet with the designated City officials to discuss the project scope, deliverables currently
needed by the City, deliverables that may be needed by the City in the near future, discuss
projected schedules and timelines, discuss cost saving methods, and review alternatives for
compliance by the City.
c. The methodology and approach to accomplish the proposed project activities will require
ongoing communication with the City of La Quinta staff person appointed to coordinate this
project. DAC will establish and maintain clear communication with the City of La Quinta contact
person and designated individuals. DAC recommends one DAC contact person that will assist
with the timely coordination of response and project activities and requests by the City. DAC will
communicate with key City personnel about known physical obstacles and potential alternatives
through reporting methods and ongoing communication.
d. Specific methodologies and data collection will be clarified. Timelines and. benchmarks will be
developed. Operational and procedural requirements will be reviewed, such as coordination of
schedules, name tags, project dates and other relevant information.
e. the initial orientation meeting should include an assessment of previous compliance activities
and areas of current or potential litigation. The review of compliance activities and high priority
areas will assist with the development of an overall project plan.
f. Project objectives will be clarified and elements that may be unique or of particular importance
for the City of La Quinta will be discussed. Items such as community input and staff needs will
be confirmed.
g. Meet with designated City officials to identity and obtain information regarding City programs,
services and activities and facilities to be utilized in the development of the Self -evaluation.
h. Discussed proposed methods for public input, as required by the ADA. Methods may include
surveys, public notice, public outreach meetings and other methods of input.
I. Discuss hours of operation, schedules and City activities by location.
j. Establish procedures, contacts and methods of communication for completion of the project.
k. Establish project benchmarks and meet regularly with City officials or the designated contact.
I. Review the City's previous and current compliance efforts and document compliance activities.
Additional Activities
A. DAC will assign Mike Boga, a certified access specialist, to serve as the Project Manager. Mike
has ICC certification for usability, accessibility and plans review. He is also a certified playground
specialist.
B. In addition to items specified in 4.1.1, DAC will:
1. Assess all areas for accessibility compliance in accordance with the California Building Code
Title 24 and the ADA Standards. Reports will indicate if the item or element does not
comply. The applicable code, whether CBC or ADA will be identified in the report. The
assessment includes all exterior and interior accessibility items and elements from the
public right of way. Items that come under the jurisdiction of Public Works will be indicated
in the report. The following items and areas are included in the DAC site surveys, but are
not limited to the following:
a. Parking
b. Curbs
c. Curb ramps
d. Entrances
e. Passenger Loading Zones
f. Crosswalks
g. Paths of Travel
h. Ramps
I. Handrails
j. Elevators
k. Platform Lifts
I. Stairs
m. Doors
n. Door hardware
o. Visual & Audible Communications and Alarms
p. Telecommunications Devices (TDD/TTY)
q. Signage-Permanent and Directional
r. Restrooms
s. Drinking Fountains
t. Common use areas
u. Employee break areas
v. Meeting and conference rooms
w. Locker Rooms
x. Stadiums, playgrounds, outdoor areas
y. Areas of Rescue Assistance
2.. Designate barriers identified as either 'staff" or "public" areas and
a. Designate the related access chapter and section if the element is accessible
b. Designate the related access chapter and section for the noncompliant item and
element
c. DAC will propose a solution or recommended method for barrier removal for
compliance
d. DAC, will provide a cost estimate for the noncompliant item or element in
conjunction with a brief statement describing the work to be done to remove the
barrier.
C. DAC will classify each non -compliant accessible element into one of the following types:
a. Type A- cost less than $5,000
b. Type B- cost between $5,001 to $15,000
c. Type C — cost in excess of $15,000 and may need different alternatives and/or a decision
by the City Manager's Office.
d. Type D — Historical register, eligible for the historical register or may be technically
infeasible to alter
D. DAC will develop and consult with the City regarding prioritizing the noncompliant accessible
item and elements based on the magnitude of impact for persons with disabilities. Other
criteria that may be utilized by the City include high use by individuals with disabilities and
barriers that may present health and safety issues for all community members.
E. DAC will provide a phased, multi -year implementation plan which will include a long-term
schedule with cost estimates.for bringing each building and facility into compliance with the
ADA and Title 24 of the California Building Code (CBC). The ADA states that if state standards
provide a higher level of accessibility than the ADA, then the state standard will be applied.
There are situations where the ADA standard provides a greater level of accessibility than the
state standard.
F. DAC will present findings from the field evaluations to the City Council, City staff and others as
agreed upon.
G. Assessments and reports will include a high degree of detail with photographs, code references,
cost estimates. The DACTrak software will include additional detail, such as as -built dimensions,
reference drawings, progress reports, additional prioritizations, and other custom reports.
Reports will be delivered in a binder format, if requested. The DACTrak software provides an
easy to use accessibility management platform that exceeds the ability to manage the plan by
hard copies and binders. DACTrak also meets the "green" initiatives of the City.
H. Barriers are identified by building, floor, or location and given a unique identifier record number
(UIN) to assist with navigation in the accessibility software and location of the finding and
recommendation by area and site. Estimated costs for applicable will be given by item and
element in accordance with industry standards. Costs can be easily adjusted to adhere to any
cost estimates the City may utilize.
I. Physical access problems that require structural solutions will be documented in the Transition
Plan. The proposed method for removal will be provided. The transition plan will identify physical
barriers that may limit accessibility of the City of La Quinta programs, services or activities for
individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be
developed in consultation with the City of La Quinta.
J. Identified barriers and obstacles will be prioritized. Use of the DACTrak software will provide
the City with an additional tool to reprioritize items depending upon the unique and ongoing
needs of the City and public comments during the public input process. Public and nonpublic
areas will be identified.
K. DAC is currently scoping to existing federal and states standards, but also collects actual field
measurements that may change the implementation of the City's Transition plan if the new
proposed ADA guidelines are approved by the Department of Justice. For example, areas within
the City of La Quinta that may currently not be in compliance upon the completion of the initial
inspections may become compliant in selected areas after the approval of the new ADA
standards. It is anticipated that the proposed guidelines will be adopted during 2010. Collecting
data in accordance with the current and proposed standards is imperative to provide a cost
savings to the City and potentially decrease identified barriers. For example, the proposed
standards will allow a greater range of compliance in many areas, thus allowing the City of La
Quinta to be in compliance in areas where the City may be out of compliance under the current
standard.
Public Rights -of -Way (Public Works Department)
5.1.1 DAC will inspect City owned facilities and applicable properties. Public rights -of -way will be
inspected in accordance with the ADA Standards, the federal Public Rights of Way guidelines, the
Federal Highway Administration's California Edition of the Manual on Uniform Traffic Control Devices
(MUTCD) and CBC/Title 24.Our DACTrak intake software also includes GIS tracking information.
DAC will collect detailed field information that will include, but is not limited to:
a. California Building Code References
b. ADA Standards (Current ADA Standards or 2010 standards)
c. Detailed Cost Estimates
d. As -built Dimensions
e. Executive and cost summaries
f. Digital Photo Documentation
g. Reference Drawings
h. Define the pedestrian area is post or pre 1992
5.1.2 DAC will produce a variety of ADA access compliance reports showing the same information and
more than listed in 4.1.1. Access compliance reports for pedestrian and public rights -of -way that are
generated from the DACTrak system also include priorities, projected dates, dates of completion,
progress and other areas to assist the City with the management of their transition plan.
5.1.3 DAC will incorporate the information collected in the field into a completed transition plan with
barriers addressed by levels of severity.
a. Draft versions will be presented to the City at the 65% and 90%. levels in addition to the final
product.
b. Copies will be available in the DACTrak accessibility management software and/or by hard copy
in a binder format for both draft and the final report.
c. The reports will include the same level of detail found in 4.1.1
d. A portion of a sample transition plan is attached to this proposal as supplemental information.
A portion of a transition plan that identifies recommendations and deficiencies is attached. Due
to the size of most transition plans, only a portion of the plan is attached. A recent City Hall that
was completed was 800 pages with photographs. Most of our clients manage their transition
plans using.the DACTrak software due to green standards and the ease of using software to
manage the plan. Our DACTrak software is SQL based and is compatible with the City's
Windows Access Software. Thus, the City does not have separate software, but an
enhancement that integrates with the current software. Information regarding the DACTrak
software accessibility management system is included in the supplemental materials.
5.1.4 DAC will initially provide a proposed pedestrian and public rights -of -way barrier removal plan
that will become a "transition plan" when the proposed schedule for barrier removal includes dates of
proposed barrier removal as identified in 4.1.4.1 (the City prioritizes the deficiencies that will be
addressed in the next fiscal year). The City can also develop a multi -year implementation plan by
projecting dates in the DACTrak software.
5.1.4.1 DAC will provide the City with the methodology to add the City prioritizations into the DACTrak
software and assist the City with consultation and recommendations. DAC prefers the proposed
methodology that the City proposes, instead of the consultant unilaterally applying priority levels and
priorities.
5.1.4.2 DAC provides a proposed industry standard for costs in the reports and the DACTrak software.
DACTrak allows for easy adjustment of costs to use City accepted unit costs. The City can also provide
DAC with City accepted costs and DAC will enter the City costs into the DACTrak software.
5.1.4.3 DAC will work with the City's existing software to integrate the findings from the DACTrak
software or integrate the software system to create corrective action line items for the City's software.
5.1.4.4 The City will have the methodology to update the DACTrak software program as work orders are
completed. DAC will provide the training to update the ADA Transition Plan and print progress reports.
A screen shot is included in the supplemental materials.
5.1.4.5 As the transition plan is updated, the DACTrak software and reports produced will include the
priority and status of all deficiencies. A screen shot sample is included.
5.1.5 DAC understands that the City currently is running Windows Access and that no additional
software is required. DAC will integrate findings from DACTrak with the City's current software or
provide a method for the DACTrak software to integrate with the City's software. DAC also collects
GIS/GPS information for sidewalks and pedestrian rights -of -way. DAC does not just use a tool or segway
to survey the running slopes of a sidewalk with estimated changes in elevation, but provides an actual
measurement of tripping hazards, changes in elevation, cross slope measurements, protruding objects,
notations of utilities that may interfere with the path of travel and other pertinent sidewalk, streets,
intersections, ramps, signalized intersections and transit stops.
5.1.6 DAC will train designated City staff in the following areas:
a. Applicable government code, statues and regulations
b. Performing field investigations and inspections, including recommended tools for
conducting surveys
c. Preparation of ADA Compliance Assessment Reports
d. Proper use and maintenance of the database
e. Proper use and maintenance of the map
f. Monitoring and updating the plan
g. Recommendations for setting priorities
In. Alternate specifications for accessible items and elements that will provide a cost savings .
I. An option that is available to the City is for DAC to train City staff to use the DACTrak pc
tablet to conduct facility inspections. Following the facility inspection, the City inspector
would export the findings wirelessly and a report would be available within minutes.
DACTrak is web based software and provides the user with easy to use management
features that are managed from the City's computer. In lieu of DAC completing the
inspections, the City could be trained to complete the. inspections, thus providing a cost
savings and empowering City staff with the tool and the understanding to keep the City plan
current following major remodeling or renovations or the addition of new facilities.
5.1.7 DAC proposes two alternatives:
a. DAC can conduct the self evaluation for the City, or
b. DAC can consult with the City's ADA Coordinator to complete the self -evaluation (DAC
would provide sample public notices, grievance policies, reasonable accommodations
notices and other required documents) for a significant cost savings.
c. If DAC conducts the self -evaluation, DAC will review policies, procedures and practices
to determine if any are discriminatory and make recommendations for revised policies,
new policies and procedures as indicated. DAC will produce a document entitled "City
of La Quinta ADA Self -Evaluation."
5.1.8 DAC will conduct an initial project kick-off meeting with selected City staff to establish roles and
lines of communication, refine project goals, review the overall project schedule, schedule surveys of
City facilities and identify key City personnel for follow-up interviews. Initial self -evaluation activities
will be completed during this step. More specific activities will include:
a. Information that is needed will be clarified at the initial orientation meeting. The initial meeting
will also clarify proposed activities and provide a collaborative framework to discuss project
strategies. DAC has found that at least one orientation meeting is needed to prepare a strategic
project work plan. The project methodology is generally designed to develop a comprehensive
plan without placing additional activities and impact upon City of La Quinta staff.
b. Meet with the designated City officials to discuss the project scope, deliverables currently
needed by the City, deliverables that may be needed by the City in the near future, discuss
projected schedules and timelines, discuss cost saving methods, and review alternatives for
compliance by the City.
c. The methodology and approach to accomplish the proposed project activities will require
ongoing communication with the City of La Quinta staff person appointed to coordinate this
project. DAC will establish and maintain clear communication with the City of La Quinta contact
person and designated individuals. DAC recommends one DAC contact person that will assist
With the timely coordination of response and project activities and requests by the City. DAC will
communicate with key City personnel about known physical obstacles and potential alternatives
through reporting methods and ongoing communication.
d. Specific methodologies and data collection will be clarified. Timelines and benchmarks will be
developed. Operational and procedural requirements will be reviewed, such as coordination of
schedules, name tags, project dates and other relevant information.
e. The initial orientation meeting should include an assessment of previous compliance activities
and areas of current or potential litigation. The review of compliance activities and high priority
areas will assist with the development of an overall project plan.
f. Project objectives will be clarified and elements that may be unique or of particular importance
for the City of La Quinta will be discussed. Items such as community input and staff needs will
be confirmed.
g. Meet with designated City officials to identity and obtain information regarding City programs,
services and activities and facilities to be utilized In the development of the Self -evaluation.
In. Discussed proposed methods for public input, as required by the ADA. Methods may Include
surveys, public notice, public outreach meetings and other methods of input.
i. Discuss hours of operation, schedules and City activities by location.
j. Establish procedures, contacts and methods of communication for completion of the project.
k. Establish project benchmarks and meet regularly with City officials or the designated contact.
I. Review the City's previous and current compliance efforts and document compliance activities.
EXHIBIT B
Americans with Disabilities Act (ADA) Access Consultant Services
Fee Schedule
Scope of Services 4.1 to 5.1.8
Team Member
Task/Activity
Scope
Total
Rate
Costs
Hours
Project Manager
Meetings with City, Coordination of
4.1.6
84
120.00
10,080
Tasks, Staff Training
4.1.8
5.1.8
Director of
Schedule sites, provide project updates
4.1.6
32
65.00
2,080
Operations
4.1.8
5.1.6
Facility
Facility Inspections/Coordination of
4.1.1
80
95.00
7,600
Inspection Team
Team
4.1.6
Leader
5.1.1
5.1.4.1
Facility
Facility Inspections/Public Works/Public
4.1.1
980
75.00
73,500
Inspectors
rights -of way
5.1.1 to 5.1.5
-
Policy and
Evaluation of Policies, Procedures,
4.1.8
65
120.00
7,800
Procedures
Practices, Alternate Formats,
5.1.8
Specialist,
Communication Methods for Self -
Evaluation; Development of Self -
Evaluation; public input, public outreach
Information
Prepare software, deliver software,
4.1.5
15
No
0
Specialist
DACTrak Training
5.1.4.3
charge
Report editors
Quality assurance
5.1 to 5.1.5
35
80.00.
2,800
Clerical
Production, printing (includes materials)
5.1 to 5.1.5
35
55.00
1,925
assistance
TOTAL
$105,785
Costs include all expenses.
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.2 of this Agreement, the maximum total compensation to be paid to
Consultant under this Agreement is One Hundred Five Thousand Seven Hundred
Eighty Five Dollars ($105,785) ("Contract Sum'). The Contract Sum shall be paid
to Consultant in installment payments made on a monthly basis and in an amount
identified in Consultants Schedule of Compensation attached hereto for the work
tasks performed and properly invoiced by Consultant in conformance with Section
2.2 of the Agreement.
EXHIBIT C
Americans with Disabilities Act (ADA) Access Consultant Services
Tasks and Scheduling
T,�M.. W.. and Calf_Fv Inn inn
Timelines are estimates and may vary due to weather, requests by the City for modifications and other
factors. The start date may vary from the above chart pending approval by City Council. The project
schedule will be coordinated to comply with the project timelines established by the City of La Quinta,
but will be completed by October 2011.
Exhibit D
Special Requirements
None.
Mb - I AD 6-1,1 1
ACOR � U
CERTIFICATE OF LIABILITY INSURANCE
DATE(MRADDNYYY)
5/11/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION 15 WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endomemerd(s).
PRODUCER
CONTACT
NAME: Certificate Department
Cavignac & Associates
PAICHONE .619-234-6848 FAIL No :619-234-8601
450 B Street, Suite 1800
San Diego, CA 92101-8005
License No. OA99520
EMAIL
ADDRE • certificates@cavignac.com
PCUSTORODUCER DISAB-1
INSUREMS) AFFORDING COVERAGE
NAIC•
INSURED
INSURERA: ATT FTRR TNQ f () HARTFi
INSURERS: PHILADELPHIA IND INS CO
18058
Disability Access Consultants, Inc.
720 W. Cheyenne Avenue #220
N. Las Vegas, NV 89030 United States
INSURERC:
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 143079 REVISION NUMBER:146106
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
DL
UBR
POLICY NUMBER
MMIIDOPOLICYEFF
Y UP
MWDPOLDNYY
LIMITS
A
GENERAL LABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS4AADE �X OCCUR
X
B4022222820
2/13/2011
2/13/2012
EACH OCCURRENCE
$ 2,000,000
PREMISES Ea oc mmw
$ 300,000
MED UP (My one parson)
$ 5,000
PERSONAL S ADV INJURY
$ 2,000,000
GENERAL AGGREGATE
$ 4,000,000
GEML AGGREGATE LIMIT APPLIES PER:
PRO- LOC
POLICY JFCT
PRODUCTS - COMP/OP AGO
$ 4,000,000
$ -
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTO$
HIREDAUTOS
NON-OWNEDAUTOS
No Company Owned Autos
B4022222820
2/13/2011
2/13/2012
COMBINED SINGLE LIMIT
(Ea amldwt)
S 1,000,000
BODILY INJURY (Per person)
S
BODILY INJURY (Per &cadent)
S
1X
PROPERTY DAMAGE
(Per amldeM)
$
X
X
$
$
UMBRELLA LAB
EXCESS LAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
H
AGGREGATE
$
DEDUCTIBLE
RETENTION
$
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOWARTNERUECUTIVE�
OFFICERMEMBER EXCLUDED?
(Mandatory In NH)
II yea, de be under
DESCRIPTION OF OPERATIONSbebw
NIA
WC STATU- OTH-
E.L. EACH ACCIDENT
S
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE -POLICY LIMIT
$
B
Professional Liability
PHSD600354
3/13/2011
3/13/2012
Each Claim $1,000,000
Aggregate $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (At h ACORD 101, Addltlonal RemwM S uh, N mma span M reyuind)
Additional Insured coverage applies to General Liability for City of La Quinta, its officials, employees and agents
per policy form. Prof. Liab. - Claims made, defense coats included within limit.
City of La Quints
78-495 Calls Tampico SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
La Quints, CA 92253 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
United States I ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Jeffrey J. Steen
All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
EXIGIS - CAVIGNAC 4 ASSOCIATES MIW Page 2 of 2
DATE (MMIODIYY)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 06/07/2011
PRODUCER 1-877-266-6850 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Paychax insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
150 Sawgrass Dr ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Rochester, NY 14620 INSURERS AFFORDING COVERAGE
INSURED INSURER A: NEW HAMPSHIRE INSURANCE COMPANY
Paychez Business Solutions, Inc.
INSURER e:
DISABILITY ACCESS CONSULTANTS, INC.
INSURERC:
911 Panorama Trail South INSURERD:
Rochester, NY 14625
877-266-6850 INSURER E'.
\ vrcm.uw
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W1TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE
INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS
SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MR I
LTR
TYPE OF INSURANCE
POLICY NUMBER
POUCY EFFECTNE
DATE(MMODfM IDATE(YMODM')
POLICY EXPIRATION
LIMBS
GENERAL LIABILITY
EACH OCCURRENCE
S
FIRE DMAGE(My me Ne)
S.
COMMERCULL GENERALUABIUTY
MED EXP(My we Pexm)
S
CWMSMADE 1-1 OCCUR
PERSONAL 6 ADV INJURY
$
GENERAL AGGREGATE
$
GENL AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMPIOPAGG
S
PRo
F
POLICY JECT LOc
AUTOMOBILE
MBIU"
COMBINED SINGLE LIMIT
(Ee ecaUVI1N
$
MY AUTO
BOOILYINJURY
(Pere w)
3
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(PeramMmq
S
HIREDAUTOS
N040INNEDAUT08
PROPERTY DAMAGE
IPM eccMeml
$
GARAGELIABILJTY
AUTO ONLY- EAACCIDENT
$
OTHERTHANAUTO FAACL
3
ANY AUTO
S
ONLY: �G
EACH OCCURRENCE
3
EXCESS LIABILITY
AGGREGATE
S
OCCUR ❑CWMSMADE
3
3
DEDUCTIBLE
S
RETENTION $
woRNEas wMPExsATwx Axo EMPLOYFAS'
NC 011 598 328
O6/Ol/11
O6/Ol/12
X WD STATU- GE.
EL. EACH ACCIDENT
$ 1,000,000
E L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE -POLICY LIMIT
3 11000,000
OMER
S
S
3
DESCRIPTION OF OPERADONJU)CATIONSNEMIOLENEXCWMONS ADDED BY ENDORSEMENTBPEGAL PROWMONS
WORKERS COMPENSATION COVERAGE IS PROVIDED TO ONLY THOSE EMPLOYEES LEASED TO, BUT NOT SUBCONTRACTORS OF THE NAMED INSUR
e,CR 11F-. em Ic,r W-1I ---
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 90 GAYS WRITTEN NOTICE TO THE
City of La Quints
CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 90 SMALL IMPOSE NO OBLIGATION
OR LIABILITY OF ANY WND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES,
78-495 Calls Tampico
La Quints, CA 92253 AUTHORIZED REPRESENTATIVE��.- >,NyFf✓�(; s'i.
USA V
ACORD 25-S (7197) DLONG ® ACORD CORPORATION 1988
oTcaems
D
CNA
SB-300113-B
(Ed. 01/07)
Policy No. B4022222820
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
SCHEDULE
Person
City of La Quinta, its officials, employees and agents
78-495 Calle Tampico
La Quinta, CA 92253
required to complete this Schedule, if not shown on this endorsement, will be shown in
The following is added to Paragraph C. Who Is An Insured:
4. Any person or organization shown in the Schedule is also an insured, but only with respect to 'bodily injury," or
"property damage" or "personal and advertising injury" arising out of your ongoing operations or premises owned by or
rented to you.
SB-300113-B Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 1 of 1
(Ed. 01/07) Copyright, Insurance Services Office, Inc. 2002
ADDITIONAL INTEREST SCHEDULE
LOCATION N/A BUILDINON/A
The following has been added to your policy effective 04/19/2011
Type: Designated Person or Organization
Additional Interest Name and Address:
CITY OF LA QUINTA
87-495 CALLE TAMPICO
LA QUINTA CA 92253
ChWk not the Bond
SB-146895-A (Ed. 01/06) INSURED Page 3 of 3
CNA
SB-300113-B
(Ed.01107)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
Or
SCHEDULE
to complete this Schedule, if not shown on this endorsement, will be shown
The following Is added to Paragraph C. Who Is An Insured:
4. Any person or organization shown in the Schedule is also an insured, but only with respect to "bodily Injury," or
"property damage" or "personal and advertising injury' arising out of your ongoing operations or premises owned by or
rented to you.
SB-300113-B Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1
(Ed. 01107) Copyright, Insurance Services Office, Inc. 2002
450 B Street, Suite 1800
San Diego, CA 92101-8005
City of La Quinta
ATTN: Debra Pearl
78-495 Calle Tampico
La Quinta, CA, 92253
May 11, 2011
Cavignac & Associates
INSURANCE BROKERS
License No. OA99520
Re: Disability Access Consultants, Inc.
Phone 619-234-6848
Fax 619-234-8601
Web Site www.cavicnac.com
Enclosed is a certificate of insurance, as requested. If you have questions or require changes,
please contact our office via email (certificates@cavignac.com) or fax (619-234-1239). Please
include a copy of the certificate with your request or reference ID number 146106.
In Sept. 2009, ACORD revised the certificate form and using an older version would violate
ACORD's licensing agreement. One of the major changes was the removal of the cancellation notice
provision. For the following reasons, we are unable to modify the current form:
• Notice of cancellation is a policy right, not an unregulated service. No insurer is able to provide the
desired cancellation notice by endorsement. For example, the insured can cancel immediately, so it
would be impossible for the insurer to provide adequate notice.
• If our agency was to issue a certificate with a modified cancellation notice, we would do so with the
knowledge that it would be impossible to give that amount of notice under certain circumstances. As
such, the certificate could be alleged to constitute a misrepresentation or fraud which could subject
our agency to serious civil and criminal penalties.
We appreciate your understanding of the legal restrictions on our ability to comply with requests for
an older form or modifications of the cancellation language.
cc: Jennie Grover (JGrover@DAC-corp.com)
Disability Access Consultants, Inc. - Certificate of Insurance
Page 1 of 2