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HomeMy WebLinkAboutJENSEN HUGHES, INC.INSURANCE ON FILE WORK MAY PROCEED UNTL INVIIIEE EXPIRES CITY CLERK DATE: N-2023-138 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND JENSEN HUGHES, INC., 8 .P(ZiIAVi FOR ADA SELF -EVALUATION AND TRANSITION PLAN UPDATE SERVICES (WZD-�VUkl THIS AGREEMENT is made and entered into on this l lth day of May, 2023 by and between Jensen Hughes, Inc., a Maryland corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). 0 RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of ADA evaluation and transition planning services for the City's Public Works Agency. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000.00). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. Page 1 of 9 #19793v4 3. TERM This Agreement shall commence on the date first written above for a one (1) -year term, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents and Data are Instruments of Services created as Works for Hire by Consultant for the Project. Documents & Data may contain certain design details, feature and concepts from Consultants own practice detail library, which collectively may form portions of the Documents & Data, but which separately, are, and shall remain, the sole and exclusive property of Consultant (Consultants `Background Intellectual Property"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement: a. Minimum Scope and Limit of Insurance Coverage shall be at least as broad as: Page 2 of 9 #19793v4 (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal &advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (3) Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (4) Broader Coverage: Limited to the extent the Consultant maintains broader coverage and/or higher limits than the minimums shown in (1) CGL above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage under (1) above shall be available to the City. b. Other Insurance Provisions (1) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). (2) Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers, with the exception of any contributory negligence for Professional Liability claims. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right Page 3 of 9 #19793v4 to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Cityhas received a waiver of subrogation endorsement from the insurer. (5) Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (7) Claims Made Policies: If any of the required policies provide claims -made coverage: i. The retroactive date must be shown, and must be before the date of the contract or beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, the Consultant must purchase "extending reporting" coverage for a minimum of five (5) years after completion of work. (8) Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the COL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require redacted binders of certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (9) Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. Page 4 of 9 Feii@lIiIG3tL! (10) Special Risks or Circumstances: City reserves the right to reasonably modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and Consultant reserves the right to accept any modification in these requirements in writing. In the event the parties are unable to agree to modifications to these requirements, including limits, Consultant shall maintain the right to terminate this Agreement. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, to the extent which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 #19793v4 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 #19793v4 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 #19793v4 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: Jensen Hughes, Inc. Attn: Jasper S. Kirsch 1220 Concord Avenue, Suite 400 Concord, CA 94520 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of Page 8 of 9 #19793v4 this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: p' Jennifer L. Hall A" City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By Bi'r n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA �- N�- Tc-'� Kristine Ridge City Manager CONSULTANT: Ja er S. Kirsch enior Accessibility Consultant Page 9 of 9 #19793v4 EXHIBIT A CD JENSEN HUGHES February 22, 2023 Michael Ortiz P.E. Acting Deputy Public Works Director Public Works Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 mortiz@santa-ana.org P:714-647-5624 RE: City of Santa Ana ADA Self -Evaluation & Transition Plan Update / Assistance Accessibility/CASp Consulting Services Dear Mr. Ortiz, Jensen Hughes, Inc. (Consultant) is pleased to provide our proposal to the City of Santa Ana (Client) to provide Accessibility Consulting Services to assist the City in meeting the requirements of developing an ADA Self - Evaluation and Transition Plan as required under Title II of the Americans with Disabilities Act. Project Description Based on the information provided, the project will include providing assistance to the City in reviewing and developing the City's on -going efforts in developing their ADA Self -Evaluation and Transition Plan. As part of this effort, Jensen Hughes will help identify gaps in the Plan and provide guidance on future steps needed to complete the Transition Plan. Additionally, Jensen Hughes will provide a review of the City's policies programs, services, and activities as part of the self -evaluation process under 28 CFR §35.105 and facility inspections as needed for the Transition Plan under 28 CFR §35.150. While this scope is not intended to be a full citywide ADA Self -evaluation and Transition Plan, the goal is to setup the framework, and complete and include key portions of the requirements of the ADA as they relate to the Title II requirements. 1220 Concord Avenue, Suite 400 Concord, CA 94520 USA 0:+1 925-938-3550 Copyright @ 2023 Jensen Hughes, Inc. jensenhughes.com All Rights Reserved. T0822 City of Santa Ana ADA Self -Evaluation & Transition Plan Scope of Services Jensen Hughes offers the following scope of services: 1.1 INITIAL INVESTIGATION AND DOCUMENT REVIEW - SELF -EVALUATION + PROGRAMMATIC REVIEW We will gather and review available documentation, such as any relevant reports, or previously conducted plans in preparation for performing field assessments and integrating the information into the updated Transition Plan. Our team will also provide a seminar via web conference to provide an overview of the process, procedures, reports, regulations, and maintaining the Transition Plan towards completion. Additionally, as required for public entities which employ 50 or more persons by 28 CFR §35.105, our team will perform an in-depth evaluation and assessment of current services, policies, and practices, often referred to as an ADA Self -Evaluation. Unlike the ADA Transition Plan which emphasizes identifying and planned remediation of physical barriers, a Self -Evaluation is generally focused on identifying non -architectural, programmatic barriers that may limit access to programs, services, or activities for persons with disabilities. Examples of the Self -Evaluation process include reviewing the City's formal grievance procedures, how the City processes requests for accommodations from the public, evaluating practices around communications, digital access, and more. Our firm will first initiate the Self -Evaluation process by coordinating with the City to gather existing City documentation related to programs and services which may impact individuals with disabilities and identify the City's organizational structure for identifying key departmental staff. Once identified, their input and involvement will be solicited to conduct the Self -Evaluation process. We will then customize and disseminate updated questionnaires to the key departmental staff responsible for specific areas to respond to and complete. These are tailored to the City's organizational structure, areas identified by the community's responses, and based on 13 different areas of criteria outlined in the ADA Title II Technical Assistance Manual (Source: https://www.ada.gov/taman2.htmi). This manual includes a broad range of areas pertaining to policies, practices, and procedures that may impact persons with disabilities, such as but not limited to communication, emergency management, a notice of ADA compliance, meetings and events, policy modification, reasonable accommodation, grievance procedure, construction policies, etc. Our staff will be available and on -call during this time to assist City staff in answering questions, comments and providing clarification as necessary to understand and complete the questionnaires. When the completed questionnaires are returned, we will review the responses and develop the findings which identify potential deficiencies within the City's existing level of program accessibility. In addition to these findings, we will provide recommendations for modifications to policies and practices as needed to comply with the various provisions of the ADA. These findings and recommendations will be updated and compiled into a draft ADA Self -Evaluation Report. The report will be saved in a PDF and Word format and a task -based Excel spreadsheet for the City's use. The Self -Evaluation Report, at a minimum, will include the following criteria: + Organization chart of departments and key personnel + Review and identification of all City departments and the policies, practices, and procedures that are included in the Self -Evaluation analysis + Assessment and identification of potential gaps in current policies, practices, and procedures Page 2 1 February 22, 2023 1 Rev. 0 copyright ©2023 Jensen Hughes, Inc. All Rights Reserved. T0822 City of Santa Ana ADA Self -evaluation and Transition Plan Update Assistance Accessiblity/CASp Services + Recommendations for modifications in policies, practices, and procedures. (Developing new policies is not part of the Self -Evaluation scope) Additionally, Jensen Hughes understands the importance of the City's constituent input and will assist the City with the public vetting process at the (draft) completion of the reports. Once reviewed by the City and finalized, the City can use the provided Plan to assign key City staff responsibilities and a timeline for making the necessary modifications to City services and programs. Additionally, the finalized Self -Evaluation Report can be maintained on file and made available for public inspection as required by §35.105 (c) of the ADA. This ADA Self -Evaluation Report process will then become part of the overall ADA Self -Evaluation and Transition Plan process covering the evaluation of non-physical accessibility requirements under Title II of the ADA. Deliverables for this task will include the following: + Report of Findings + Draft Staff Survey Questions in Excel Format + Final Staff Survey Questions in Excel Format + Completed Staff Surveys in Excel Format + Recommendations and Workplan + Draft ADA Self -Evaluation Report 1.2 GENERAL CONSULTING / SITE ASSESSMENTS - PHYSICAL BARRIER SURVEYS AND REPORTS As required by §35,150 of the ADA, public entities which employ 50 or more persons shall also develop an ADA Transition Plan of its facilities and public rights -of -way. A complete ADA Transition Plan is required to demonstrate at minimum the following traits as outlined in §35.150 (d) of the ADA: + Identify physical obstacles in the public entity's facilities that limit the accessibility to its programs or activities to individuals with disabilities. + Describe in detail the methods that will be used to make the facilities accessible. + Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the Transition Plan is longer than one year, identify the steps that will be taken during each year of the transition period; and + Indicate the official responsible for implementation of the Plan. In assisting the City in developing an ADA Transition Plan, and as the current budget allows, we will work with City staff in order to identify and resolve gaps in City facilities where most needed (i.e., buildings, rights -of -way, parks, and parking lots as applicable). The evaluations will identify architectural and physical barriers located in areas where the City's community will be impacted and propose the most cost-effective modifications / solutions to remediate these issues, along with the estimated rough order of magnitude costs for such improvements. We will develop a methodology for prioritizing improvements with City approval, which factors both the severity and location of barriers, and apply that methodology across all identified barriers. Once developed, this will allow the City to easily target and focus on the highest priority barriers and areas first amongst the individual barriers. Page 3 1 February 22, 2023 1 Rev. 0 Copyright 02023 Jensen Hughes, Inc. All Rights Reserved. T0822 City of Santa Ana ADA Self -evaluation and Transition Plan Update Assistance Accessiblity/CASp Services We will conduct Barrier Assessment Surveys and reviews of selected public facilities and public rights -of -way and develop Access Compliance Assessment Reports (ACAR) in electronic copies (PDF and Excel spreadsheet format for any buildings, parks, and PROW selected for this projet scope) for the City's use. This report will include a summarization of estimated costs for each City building and area assessed, as well as the following information (at minimum) for each individual barrier/finding identified: Record Unique number identifier tied to a specific record/barrier in the report. Number Location: Specific area within the City in which the barriers identified in the report can be found for that section, i.e., ................................... facilities, street names, and/or GPS data. ........................................................................................................................................... ................................................................................... Element., Accessibility category that the identified barrier pertains to. ..................................-............................................................................................................................................................................................................................. Barrier Detailed statement regarding the physical barrier and the specific applicable accessibility standard being Description. applied. ................................... As Built: ....................................................................................................................................................................................................... ....................... Measurement/Description of the existing conditions at the time of evaluation (where available). ................................................................................................................................................................................................................................................................ Photograph: Digital photo documenting the identified barrier at the time of evaluation (where available). Proposed Information regarding the most feasible method/modification for performing the barrier removal (Solution Solution: may either be physical or programmatic in nature). .................................._ Code ......................................................................................................................................................................................................................... Citations from applicable standards related to the barrier's noncompliance, including: 2010 ADA References: Standards for Accessible Design (ADA 2010), 2011 PROWAG, CA MUTCD, and Chapter 11 B of the CBC. ................................... Priority .................................................................................................................................................... ................................ .......................................... Criteria to be developed with City approval during the project which will rank individual barriers in order of importance to remediate. By default, this will consider factors such as the severity of an individual barrier ................................... and its location within a building or area. ........................................................................................................................... ..................... ........................................................ Quantity., ...................... Number of units needed to remediate the barrier (for cost estimating purposes). .................................. Units: -....................................................................................................................................................................................................................... ....... Unit of measurement related to the quantity provided (for cost estimating purposes). .................................._.............................................................................................................................................................................................................................. Unit Cost: Cost per Units to remediate the barrier based on the Proposed Solution (for cost estimating purposes). Cost opinions are calculated primarily based on RSMeans 2020 Construction Cost data for Building Construction and Interiors which includes factors such as: +Cost of materials/equipment to perform the remediation +Manual and/or skilled labor cost to perform the remediation +Demolition and hauling of existing materials +20% contingency markup + 10% overhead and profit (O&P) markup +(23.5%) location factor multiplier (can be adjusted as necessary) Total Cost Product of Quantity surveyed and Unit Cost to remediate the As -Built identified (for cost estimating (Estimate): purposes) New evaluations of City facilities will then become a component of part of the ADA Transition Plan process covering the evaluation of physical accessibility requirements under Title II of the ADA. Page 4 1 February 22, 2023 1 Rev. 0 Copyright 92023 Jensen Hughes, Inc. All Rights Reserved. T0822 City of Santa Ana ADA Self -evaluation and Transition Plan Update Assistance Accessiblity/CASp Services Additionally, Jensen Hughes will assist in recommending and approach and process for integrating the remaining facilities and/or other gaps in the Transition plan not included as part of this project. Deliverables for this task will include the following: + Reviewed inventory list in Microsoft Excel + Draft Updated Facility/Parks/Parking Reports in Microsoft Excel and PDF Formats + Final Updated Facility/Parks/Parking Reports in Microsoft Excel and PDF Formats. Additional Services Any other work requested by Client outside of the Services specified above shall be considered an "Additional Service" and will be conducted on a mutually -agreed -upon basis. When such work is requested, Jensen Hughes will submit an estimate of the cost to the Client for approval prior to commencing work. Additional work may include, but is not limited to: 1. Plan review services. 2. Inspection of areas outside of the above scope. 3. Meetings and surveys in addition to those specified above. 4. Fire and Life Safety Code Consulting Services. 5. Preparation of formal variances and attendance at variance hearings. 6. Design of any fire protection systems not listed in the Scope of Services. 7. Additional consulting services beyond those described in the Scope of Services. 8. Reproduction of design documents in excess of that identified in the Scope of Services. All services not specifically described in the Proposal are excluded from Consultant's Scope of Services. Client Responsibilities This proposal is based upon the Client performing the following activities: 1. Provide Jensen Hughes with copies of available architectural drawings. These documents will be used in providing the Basic Services. It is understood that we will rely upon the accuracy of all documents and electronic data furnished. 2. Provide access to all areas of the building during surveys and site inspections. Professional Fees The proposed Scope of Services above will be provided by Consultant for a firm fixed fee of $50,000 as broken out in the table below. Fees are inclusive of the necessary expenses to perform our Scope of Services: Phase or Activity Fee 1.1 INITIAL INVESTIGATION AND DOCUMENT REVIEW - SELF -EVALUATION + $25,000 PROGRAMMATIC REVIEW Page 5 ( February 22, 2023 1 Rev. 0 Copyright ©2023 Jensen Hughes, Inc. All Rights Reserved. T0822 City of Santa Ana ADA Self -evaluation and Transition Plan Update Assistance Accessiblity/CASp Services 1.2 GENERAL CONSULTING / SITE ASSESSMENTS - PHYSICAL BARRIER SURVEYS AND REPORTS TOTAL Staffing $25,000 $50,000 Consultant reserves the right to assign personnel on an "as -needed" basis or substitute equivalently experienced personnel upon prior written notice to Client. No increase in the budget or fee will be made for such change in personnel without Client approval. Page 6 1 February 22, 2023 1 Rev. 0 Copydght ©2023 Jensen Hughes, Inc. All Rights Reserved. T0822 § k / / § ƒ / m §/ -0 z10zne CD ; r_",o; A/ \ m CD0 ,\ (D z--�/ , o z (\ _ 7 \ / }§ wm — § / /\ & §\ r 0 to s \ , �| p (M ( \ | \ Lm ) CD ( / (n , 2 ( � / } _ \ M0 � ( CD / § CD 2 / \ \ M. 2 § g _ = ( \ E \ R / ( e \ g o CD k \ § � \ 9 \ k 0 d § / \ 9 } j / � [ G9\#4 §g \ ( -Oh \ \ \ ■ D g �! 22 a� 2 � 9 ( � \ / � \ ( � � ) CD } / � k § \ ) ® ® ~ ~ CD( \CD � m (D (G = FO \( �\ \ k JENSHUG-01AGALLAHER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/6/2024 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, 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 endorsement(s). CONTACT License # 0C36861 Ashley Gallaher PRODUCER NAME: Ejhjubmmz!tjhofe!cz!Bohjf! PHONEFAX Alliant Insurance Services, Inc. (628) 279-0446 (A/C, No, Ext):(A/C, No): 560 Mission St 6th Fl Bohjf! E-MAIL Bdfwfep!Ashley.Gallaher@alliant.com San Francisco, CA 94105 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Ebuf;!3135/14/25!19;18;52! Charter Oak Fire Insurance Company25615 INSURER A : Bdfwfep INSURED Travelers Property Casualty Company of America 25674 INSURER B : .18(11( Starr Surplus Lines Insurance Company13604 INSURER C : Jensen Hughes Inc. 3610 Commerce Drive Ste 817 INSURER D : Baltimore, MD 21227 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: 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. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 1,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 1,000,000 CLAIMS-MADEOCCUR X P-630-9R157166-COF-243/15/20246/1/2024 $ PREMISES (Ea occurrence) XX 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 X POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY $ (Ea accident) X ANY AUTO BA-9R228458-24-43-G3/15/20246/1/2024 BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ 1,000,000 B XX UMBRELLA LIABOCCUR EACH OCCURRENCE$ CUP-9R228956-24-433/15/20246/1/2024 1,000,000 EXCESS LIABCLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION B X STATUTEER AND EMPLOYERS' LIABILITY Y / N UB-9R229222-24-43-G3/15/20246/1/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A N OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Professional Liab.10006001462313/15/20236/1/2024 Per Claim/Agg2,000,000 C DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: City of Santa Ana ADA Self-Evaluation and Transition Plan JH Project #1JKI00100 The City, its officers, officials, employees, and volunteers are included as additional insured with respect to general liability on a primary and non-contributory basis when required by written contract per the attached endorsement, including a waiver of subrogation. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD March , 2024 To Whom it May Concern: Jensen Hughes has extended their current insurance program from March 15, 2024 to June 1, 2024. The extension was made to change their annual term moving forward to a June 1 anniversary date. This will move Jensen Hughes into a more favorable insurance cycle and will also alleviate the administrative burden of processing a renewal during a busy time of year for Jensen Hughes. Please feel free to contact us with any questions. Regards, David B. Erice First Vice President Account Executive