HomeMy WebLinkAboutKTU+A Inc; 2009-10-20; PWENG730PWENG730
AGREEMENT FOR PLANNING SERVICES
FOR PREPARATION OF AN ADA TRANSITION PLAN
(KTU+A, INC.)
THIS AGREEMENT is made and entered into as of the c9® ~^ day of
by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and KTU+A, INC., a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of a planning firm that is
experienced in preparation of ADA (Americans with Disabilities Act) transition plans.
B. Contractor has the necessary experience in providing professional
services and advice related to data collection, community outreach, and transition plan
recommendations.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date
first above written. The City Manager may amend the Agreement to extend it for one (1)
additional one (1) year periods or parts thereof in an amount not to exceed fifty
thousand dollars ($50,000) per Agreement year. Extensions will be based upon a
satisfactory review of Contractor's performance, City needs, and appropriation of funds
by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
City Attorney Approved Version #05.06.08
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be ninety eight thousand five hundred dollars ($98,500). No other compensation for
the Services will be allowed except for items covered by subsequent amendments to
this Agreement. The City reserves the right to withhold a ten percent (10%) retention
until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
City Attorney Approved Version #05.06.08
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:VM". OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide
of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1.000.000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
City Attorney Approved Version #05.06.08
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code. Workers' Compensation
will not be required if Contractor has no employees and provides, to City's satisfaction, a
declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
City Attorney Approved Version #05.06.08
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City:
Name Robert T. Johnson. Jr.
Title City Engineer
Department Engineering
City of Carlsbad
Address 1635 Faraday Avenue
For Contractor:
Carlsbad. CA 92008
Phone No. 760-602-2752
Name_
Title
Michael L. Singleton
Principal. President
KTU+A, Inc.
Address 3916 Normal Street
San Diego. CA92103
Phone No. 619-294-4477
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
City Attorney Approved Version #05.06.08
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version #05.06.08
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq.. the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
City Attorney Approved Version #05.06.08
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
City Attorney Approved Version #05.06.08
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
KTU+A, INC., a California
corporation /) ,JM:"By
CITY OF CARLSBAD, a municipal
corporation of the State of California
City/Manager op-Mayor
v\{ Nil-Wl V' S'in
(print name/title) (J ATTEST:
(e-mail address)
City Clerk
^PLEASE SEE ATTACHE^'
NOTARIZED FORM
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation. Agreement must be signed by one corporate
officer from each of the following two groups.
"Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:.1 1A-A
Deputy City Attorney
City Attorney Approved Version #05.06.08
CALIFORNIA. ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
^/ fk ~T
" *«i^iertniurie and title of the officer)
v\
MAI &J//C5jn
»/
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(X) whose name^fis/ajs^ubscribed to
the within instrument and acknowledged to me that he/sfee/ffasy executed the same in his/h«E#beir authorized
capacityQ^), and that by .his/ker/tfaeir signature(3^on the instrument the person®, or 1he entity upon behalf of
which the personj^acted, executed the instrument .
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct
OFFICIAL SEAL I
JOSEPH T.JANZEN J!
TARY PUBUC-CAUFORNlAi
COMM. NO. 1834990 2?
SAN DEQO COUNTY
MY COMM. EXP. FE& 5,2013(Notary Seal)
SS my hand and official seal.
f Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOC'
(Tide or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
(Title)
D Partners)
D Attomey-in-Fact
D Trustee(s)
D Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in Hie notary section or a separate acknowledgment form'must be
properly completed and attached to that document The only exception is if a
document is.to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be painted on such a document so long as the
verbiage does not reauire the notary to do something that is illegal fof a notary in
California (Le. certifying the au&orued capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form-if required.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signers) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print ids or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signers) who petsonally appear at the time of
Hotarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (Le.
fee/she/Sisyr is /-ee ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover test or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of me notary public must match the signature on file with the office of
the county clerk. - .
• •£* Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
•> Indicate title or type of attached document, number of pages and date.
v Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the tifle (Le. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPAvlZlO.07800-873-9865 www.NotarvClasses.com
CALIFORNIA ALL-PURPOSE-
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of €^
On k, 200^ before me,
personally appeared A.
\.Lere insert iwrie and title of tie offietr)
who proved to me on the basis of satisfactory evidence to be the person(£) whose name<Xf is/ape' subscribed to
the within instrument and acknowledged to me that4ie7she/th«y executed the same jn hisThej^fedbfauthoiized
capacity (ieS), and mat by bisTher/theif signature(s^on the instrument the personCa^or me entity upon behalf of
which the personj^acted., executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
my hand and official seal.
(Notary Seal)
1OFFICIAL SEAL
JOSEPH T.JANZEN _
TAFtY PUBUC-CAUFORNIAS
OOMKLNa 1834990 X
SAN DIEGO COUNTY
MYOOMM.EXP.FEaS.2Dia
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOC
.
{Title fa- description of attached document)
+- A
(Title or Description of attached document continued) f \
Number of Pages Document Date_
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
(Titfe)
D Partner(s)
D Attomey-irt-Fact
D Trustee(s)
D Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed m California mast contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form, must be
properly completed and attached to that document The only exception is if a
document is, io be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (ie. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County infonnaiion most be tie State and Coimty where tiie document
signers) personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signers) personally appeared which
must also be the same Hatg the acknowledgment is completed.
• The notary pnblic must print Ms or her name as it appears within bis or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signers) who personally appear at the time of
notarization.
• Indicate the correct singular or prmral forms by crossing off incorrect forms (i.e.
he/she/fesy;- is fee ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover test or lines. If seal impression snmdges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of me notary public must match the signature on file with the office of
me county cleric . .
Additional information is not repaired bat could help to ensure this
acknowledgment is not misused or attached to a different document
Indicate title or type of attached document; number of pages and date.
Indicate the capacity claimed by tie signer. If the claimed capacity is a
corporate officer, indicate fee title (i.e. CEO, CFO, Secretary).
Securely attach this document to the signed document
2008 Version CAPAvl2.10.07 800-873-9865 www.NotaryClasses.coni
EXHIBIT "A"ATTACHMENT "A"
Estimate of Effort and Costa Associated with Tasks for:
City of Carlsbad ADA Transition Plan
LEAD
FIRM
Principal,
Facilitation,
Michael Singleton
$135
KTU+A
Semor Associate.
Project Manager
John Holloway
$125
Associate
Planner, GIS
Manager Joe
Punsalan
$115
| | Sub-Totals
Graphics /
Document
Support / Field
Crew
$105
ADA Transition Sr
Architect, Jeff
Kafe
$140
ADA Transition Sr
Access Specialist
Conna Cauldren
$120 Hours
1 Management Efforts ^^^^H
11 prepare for, conduct & document kickoff meeting (1)
1 .2 Prepare a detailed outline of the ADA Transition Plan
1.3 Prepare a detailed schedule of work
1.4 Ongoing management, coordination, correspondence tasks
KTUA
KTUA
Sub-total Hours
Sub-total Costs
TOTALS
2
2
4
4
""8
4 18 0
$540 $2,250 SO
KTU+A Sub-total per Task Group
2 64 -;:: ;:;;;?;;;;;
I 4
0 2
$0 $280
$2,790 JKA
[ 10
4 28
$480 Task Total
$760 I $3,550
% of Total
3.62%
£.\ Review & summarize previous ADA efforts in Carlsbad
2.2 ^Review regulatory framework forthe plan
2 3 'Meet with ;ish management, attorney's office & staff (2)
2.4 :Meet with staff to review the framework and goals for the project (3)
Sub-total Hours
Sub-total Costs
TOTALS
500
$675 $0 $0
KTU+A Sub-total per Task Group
Rough framework of public input plan, per phase , i i ! jH 2
3.2 'Revise "public input plan based" bri "staff/team input (4 j
3.3 ^Identify key stakeholders
3.4 Develop activities, agendas & expected results of workshops
3.5 .Prepare a schedule of major public input opportunil
Sub-total Hours
Sub-total Costs
TOTALS
4 0
$540 $2,000 $0
KTU+A Sub-total per Task Group
Review otnci community self evaluation checklists & forms
Work with staff on ADA parametcis foi nnorrtv public access nieas, (5i
Collect, process & review citywidc i
Collect process & review SWITRS / City Safety Collision Data
Collect & review street classifications including LOS, ADI MPH etc
Review the Pedestrian Master Ran and associated models
Collect other GIS data for ADA factors for updating the Red. Mode
Initiate first run of the ADA Priority Model
Initiate second run of the ADA Priontv M(."!•-
Obtain agreement on first and second tier ADA priority areas
Prepare maps & survey forms for field work
Conduct field work in first tier areas limited to public rights of way
Summarize results of field work & prepare maps of issues / barriers
Revie'w" fie'id work results with"staff"(7)
Conduct field work in second tier areas limited to public right of way
Summarize results of field work & prepare maps of issues /"barriers
Submit existing conditions report
Sub-total Hours
Sub-total Costs
TOTALS
4 10 102
$540 $1,250 $11,730
KTU+A Sub-total per Task Group
122 342
$14,640 Task Total
$16,320 I $39.500
Sub-total Hours
Sub-total Costs
TOTALS
14 23 24
$1,890 $2.875 $2,760
KTU+A Sub-total per Task Group
6.1 ;Review existing guidelines and Universal Access policies
6.2 ;Prepare summary of funding strategies, responsibilities & phasing
6.3 :SummanZ8 design guldelinesfSr barrier removal and ADA facilities
6.4 [ReviewYieldwork findings & recommend solutions foVypical issues
6 5 Assist in plodding older nt magnikide costs fos solutions
"""n Implement document
Sub-total Hours
Sub-total Costs
TOTALS
55
$1,120 $6,600
JKA $7,720
51,215 $125 $6,095
KTU+A Sub-total per Task Group
Submit a Draft ADA Transition Plan for Revie
bub-total Hours
Sub-total Costs
TOTALS
$1.080 $1,000 $920
KTU+A Sub-total per Task Group
v comments on the draft (8)
[Revise, fables","fext "maps & other priorities based on "input
"8.3 iSubmit a Pre-fmaJ ADATransition Plan"
2 22
"15
of Total
8.07%
Sub-total Hours
Sub-total Costs
TOTALS
5 10 8
$675 $1,250 $920
KTU+A Sub-total per Task Group
6 18 51
$840 $2,160 Task Total
JKA $3,000 | $6,265
Final Report
iMeet with staff & the team to review commenls on the Pre-final (9}
9"2" "Present" findings at YfahVpbrtaUon" Commission
9.3 :Prestjnt findings at Council Sitbcoinrnittee Meeting
9.4 'Present findings al City Council
9.5 'Revise tnbles text, maps & other priorities based on input
9.6 "Submit a Final ADA Transition Plan with all source materials
Sub-total Hours
Sub-total Costs
TOTALS
Personnel Distribution of Hours
KTU+A Material Costs
JKA Material Costs "
Total Material Costs '
2
*4
"22
4 :
"""4 ; 0 IT""
4
4
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4 ; 8" i 8"""
0 | 0
0
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2 4'•"2 ; iT
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18 16 12 24 4
$2,430 $2,000 $1,380 $2,520 $560
KTU+A Sub-total per Task Group $8,330 JKA
10 84
$1,200 Task Total
$1,760 | $10,090
Principal,
Facilitator .
Michael Singleton
Senior Associate,
Project Manager
John Holloway
Associate
Planner, GIS
Manager Joe
Punsalan
Graphics /
Document
Support / Field
Crew
ADA Transition Sr
Architect, Jeff
Katz
ADA Transition Sr
Access Specialist.
Conna Cauldren
Labor Cost Totals
GRAND TOTAL LABOR & MATERIALS FOR BOTH PHASES
ATTACHMENT"B" SCOPE
Task Group 1: Management Efforts
The initial meeting (Meeting #1) will discuss the overall schedule of the work effort and
on the best methods for communication and review input. After the kickoff meeting has
been conducted, the effort will focus on a detailed outline for the ADA Transition Plan.
This outline will help in getting early concurrence on the focus of the study.
Task Group 2: Goals and Objectives
The initial task will include the review and summarization of previous ADA efforts already
accomplished by the City of Carlsbad. The team will also provide a review of the current
regulatory environment and city objectives affecting the plan. This will include a meeting
with risk management, the City attorney's office and engineering staff (Meeting #2).
Another meeting will be conducted with staff to review the overall goals and priorities for
the project (Meeting # 3).
Task Group 3: Public Involvement Plan
A draft public input plan will be provided at this initial phase. The public input plan will
include a listing of the results expected or needed by the public input effort. A strategy
will be customized to match the expected results. The plan will include the identification
of key stakeholders, locations, agendas and needed materials for the workshop. A
possible schedule for the workshops will also be prepared. This public involvement plan
will be reviewed with city staff (Meeting #4).
Task Group 4: Existing Conditions Fieldwork
The team will work with staff on ADA parameters for priority public access areas as part
of a staff and team meeting (Meeting #5). This input will provide the basis for the
development of the ADA Priority Model. The purpose of the priority model is to focus the
efforts and future project priorities on those areas of most concern for public right of way
access to public programs and facilities. These facilities commonly include city hall, city
community centers, recreation centers, parks, public trails, transit stops, senior centers,
libraries, performance centers and police / fire stations. All public rights of way also need
to be priorities for barrier removal. However, not all areas receive the same level of
demand or use than others. The model will utilize demographic information, land use
maps, zoning, activity centers, destinations, transit stops, street layout, SWITRS City
Safety Collision Data, street classifications (including LOS, ADT, MPH) and other GIS
data that will predict heavier use pedestrian areas. The existing Pedestrian Master Plan
will be utilized to the maximum extent possible. It is assumed that shape files and other
ArcGIS coverages or project files will be provided to the planning team in a timely
manner from the Pedestrian Master Plan. Another staff meeting (Meeting #6) will be
conducted to review the weighting of the data layers for the ADA priority model. A first
run of the model will be produced and reviewed. This model will then be appended by
using higher priorities for public program and facility access factors. A final review of the
ADA priority model will be conducted and all areas divided into Tier 1 (high priority), Tier
2 (moderate priority) and Tier 3 (low priority) areas. These areas will be agreed upon
prior to the start of fieldwork.
Jeff Katz Architecture will head the fieldwork effort through a team of certified field
surveyors utilizing their up to date knowledge of applicable local, state, and federal
codes and regulations to identify barriers. With respect to architectural barriers, Title II,
not Title III applies to the City, when architectural barrier removal is the chosen method
for providing program access as required by Title II. The team of experienced access
specialists have the knowledge and background to offer possible solutions for program
access issues.
The first efforts in this task group will include the development of survey field forms and
the organization of the database. JKA will review other community self evaluation
checklists & forms that may be applicable examples for the City of Carlsbad. The
proposed alpha-numeric database will be linked with the CIS mapping of the city. The
fieldwork will be divided between Tier 1 and Tier 2 areas of the city only. It is anticipated
that Tier 1 areas will make up no more than 10-15% of the total area within the city. Tier
2 should make up another 15-20%. The remaining Tier 3 areas (by extension) will make
up between 65% and 75% of the land area of the City.
The fieldwork will include taking measurements and recording information for site
elements and putting them onto survey forms and identifying which conditions are not in
compliance (also known as identified barriers). The information related to the barriers
found, is then entered into the database of barrier information that allows the client to
continually monitor the status of their facilities and update their information as future
building construction projects are done. Marked up plans with barrier location codes are
tied to each barrier as well as photos, code references, recommended solutions and
estimated costs for each barrier as part of this comprehensive report. This type of
analysis is detailed and, while this method is the most appropriate to address the legal
requirements of the American's with Disabilities Act, there are alternative methods that
can also be considered. Upon completion of the Tier 1 areas, a meeting with staff will be
conducted to review the fieldwork results (Meeting #7). Adjustments to the fieldwork will
be made prior to the start of Tier 2 areas. At the completion of this Task Group, an
existing conditions report will be submitted and it will include database sheets, notes,
photos, maps and other tabular data needed to summarize the existing conditions of Tier
1 and Tier 2 areas.
The ultimate goal of the work should be to provide a complete and accurate survey of all
of the cities facilities coupled with a well-conceived Transition Plan that outlines a
comprehensive approach to providing a high level of access to City programs and
facilities for disabled members of the public. The project goal would be to establish
barrier removal priorities, complete a thorough survey of all city facilities, streets, trails,
beaches and sidewalks and develop innovative solutions to maximize the removal of
barriers within the limited funds available.
Task Group 5: Public Input
The primary focus of public input will be to obtain a cross section of public comment from
the general public as well as key stakeholders that are advocates for universal access
improvements. The first effort at public input will result from a questionnaire posted on a
website hosted by KTU+A. The questionnaire will help to solicit known problems and
priorities in the area. The second level of public input will result from the identification of
specific stakeholders and staff that may be interested in one to two meetings to provide
additional input and priorities for the project. Finally, a third public input type would
include a project workshop that would be scheduled and advertised with at least three
weeks notice. Materials will be prepared to provide a workstation type workshop, where
attendees have the chance to review the preliminary exhibits, ask questions of individual
members of the consultant team and to partake in exercises such as issues, goals and
priorities. These exercises typically include listings of goals and priorities on large
sheets. The individuals have the ability to place a limited number of voting dots next to
the lists. Large maps are also used to allow a person to indicate particular problem areas
of access that they may know about. Clear documenting of the workshop input will take
place within a week of the meetings.
Task Group 6: Guidelines and Recommended Treatments
The first step in this task group would be to review the current ADA / Title 24 / Universal
Access design and engineering standards provided by the City of Carlsbad. If these
standards and details are considered to be adequate to meet the current rules of the
various regulations, no further action will be required. However, if they are found to not
meet the federal and state requirements, suggested changes will be made. Another
major step of this task group is to identify the different funding sources and the strategies
needed to obtain Carlsbad's fair share of these resources. Further review of the various
departments of Carlsbad will yield suggestions on who will be responsible for barrier
removals and increasing universal access within the city. A summary of changes in
standards, policies and engineering details / specifications will be made.
The second primary focus of this task group is to identify possible solutions to the
various ADA / Title 24 issues discovered under the fieldwork and mapping phase of the
project. This will be lead by KTU+A with primary input by JKA. In most cases, standard
improvements and recommendations can be made for typical situations. These solutions
will be entered into the project database and will be shown on GIS maps. A series of
design guidelines and recommended text descriptions and tables will be provided to help
guide future policies, standards and development projects.
In some cases, standard solutions will not be adequate, and the team will identify the
best solution or hybrid of solutions to the unique problems. This task group will conclude
with both general and specific solutions, costs, funding strategies, responsibilities and
potential phasing of these solutions. All of the recommendations will be documented in
the implementation and guideline section of the draft document to be submitted as a
result of Task Group 7.
Task Group 7: Draft ADA Existing Situation and Resolution Plan
Task Group 7 represents the summary of all of the project efforts completed to date. The
primary production of the document will be provided by KTU+A. The document will be
prepared in Adobe InDesign and will include jpg images, Excel tables, database links,
and GIS maps converted to pdfs. An in-house quality control review will be conducted
by KTU+A. Approximately 20 copies of the plan will be provided and electronic pdfs (in
both low and high resolution) will be provided.
Task Group 8: Final Draft Plan
A review meeting will be conducted with staff (Meeting #8) to go over concerns or
comments on the draft document. All necessary changes to tables, maps, and text will
be made. After another round of quality control review, the Pre-final document will be
submitted.
Task Group 9: Final Report
A review meeting will be conducted with staff (Meeting #9) to go over any remaining
concerns or comments on the Final Draft document. All necessary changes to tables,
maps, and text will be made. At this point, the team will provide a PowerPoint
presentation for the entire project, including summaries of findings and
recommendations. These items will be presented first to the Planning Commission and
after subsequent changes, will also be presented to the City Council (Meeting #10 and
#11). After another round of quality control review and integration of Commission or
Council input, the Final document will be submitted. All native computer files (Word,
Excel, PowerPoint, In-Design, Arc CIS, and other source programs) will be turned over
as well as final low quality (web site version) and high quality (print version) of the Final
document will be provided. Twenty final copies and 20 CD versions of the Final
document will also be provided.