HomeMy WebLinkAboutSALLY SWANSON ARCHITECTS, INC. - 2016 °: City of Santa Ana
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AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect. ?rr 17
Note: If your agreement is grant related, please ensure that all grant retention requirements ' ' ' l
have been satisfied prior to signing the termination form. I CITY
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Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
The agreement with Stiff /. (,/f) ���ff l � L/�Al c
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No. _ `" ��� _ was completed on , r-(7 and final payment has been made.
(List all amendments. Use space below if needed.)
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Signature:
Date: , /y, /e
Revised:01-07-16
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INSURANCE V FILE
WORK MAY PROCEED
011LINSURANCE EXPIRES
CLERK OF COUNCIL.
DATE;: CONSULTANT AGREEMENT
INCORPORATING COMMUNITY DEVELOPMENT
BLOCK GRANT REQUIREMENTS
MAY 10 2016
N-2016-066
THIS AGREEMENT, made and entered into this 20"' day of April, 2016, by and between
Sally Swanson Architects, Inc., a California corporation (hereinafter "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"),
RECITALS
A, The City desires to retain a consultant having special skill and knowledge in the field of
professional access compliance consulting services.
B. The City, as an entitlement recipient and grantee of the United States Department of
I-Iousing and Urban Development C HUD") Community Development Block Grant
("CDBG") Program, desires:to enter this Agreement with the Consultant for the
expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal
Regulations 24 CPR 570.000, et seq. ("CDBG Regs").
C. Consultant represents that Consultant is not listed as debarred, is able and willing to
provide such services to the City, and will comply with the CDBG Regs.
D. 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
Pursuant to this Agreement, Sally Swanson Architects, Inc. will, provide professional access
compliance consulting services for the Santa Ana Regional Transportation Center (SARTC), as set
forth in Exhibit A attached hereto and incorporated herein.
2. COMPENSATION
a, The City agrees to pay, and Consultant agrees to accept as total payment for its
services, the rates and charges identified in Exhibit A attached. The total sum to be expended
under this Agreement shall not exceed 'Twenty -Five Thousand Dollars ($25,000.00) during the
Term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on Jame 30,
2017, unless terminated earlier in accordance with Section 9, below. The Term of this
Agreement may be extended by'a writing executed by the City Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be air
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. 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:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Consultant's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, $2,000,000 aggregate, Consultant shall supply City with a fully executed additional
insured endorsement upon execution of this Agreement that is acceptable to the City.
b, Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c, Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance, Prior to commencing
the performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and ornissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The .following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement,
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City.
(iii) . Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall defend, indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief wising out of
claims for personal injury, including health, and claims for property damage, which may arise
from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their 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 fiom this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises 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.
7. CONSULTANT'S OBLIGATIONS
A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery
and performance of its obligations under this Agreement will not constitute a default or a breach
under any contract, agreement or order to which Consultant is a party or by which it is bound.
B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy
proceeding.
C. No Pending Legal Proceedings/Debarment. Consultant is not the subject of a
current or threatened litigation that would or may materially affect Consultant's performance
under this Agreement, Consultant farther acknowledges that it is not on the list of debarred
contractors.
D. No Pending Investigation. Consultant is not aware that it is the subject of any
current or -threatened criminal or civil action investigation by any public agency, including
without limitation a police agency .or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
F. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations,
accreditation and inspections from all agencies governing its operations. Consultant shall ensure
that its staff shall also, obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing Consultant's operations hereunder.
F. Audit Report Requirements. Consultant agrees that if Consultant expends Five
Hundred Thousand Dollars ($500,000.00) or more in federal funds, Consultant shall have an annual
audit conducted by a certified public accountant in accordance with the standards as set forth and
published by the United States Office of Management and Budget. Consultant shall provide City
with a copy of said audit by October 1 of the year following the program year in which this
Agreement is executed, if applicable.
G. Record Keeping/Reporting. Consultant shall keep and maintain complete and
adequate records and reports to assist City in meeting and maintaining its record keeping
responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq,
H. Access to Records. City and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining Consultant's activities and
performance, to books, documents and papers, and the right to examine records of Consultant's
subcontractors, bookkeepers and accountants, employees and participants in regard to said program,
City and the United States Government and/or their representatives shall also schedule on-site
monitoring at their discretion. Monitoring activities may also include, but are not limited to,
questioning employees and participants in said program and entering any premises or any site in
which any of the services or activities funded hereunder are conducted or in which any of the records
4
of Consultant are ]sept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
I. Location of Records/Required Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and
all documents related to this Agreement shall be maintained and kept available at Consultant's
office or place of business for the duration of the Agreement and thereafter for five (5) years
after completion of an audit in conformity with the CDBG Regs. Records which relate to (a)
complaints, claims, administrative proceedings or litigation arising out of the performance of this
Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental
agency takes exception, shall be retained beyond the five (5) years until complete resolution or
disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not
make the above:referenced documents available within the City of Santa Ana, California,
Consultant agrees to pay.all necessary and reasonable expenses incurred by City in conducting any
audit at the location where said records and books of account are maintained.
J.. Confidentiality. Without prejudice to any other provisions of this Agreement,
Consultant shall, where applicable, maintain the confidential nature of information provided to it
concerning participants in accordance with the requirements of federal and state law. However,
Consultant shall submit to City and or HUD or its representatives, all records requested, including
audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred
and services rendered hereunder.
K. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Part 87, which provide that no appropriated ftinds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any
person for influencing or attempting to influence an officer or employee of any agency, Member of
Congress, or an officer or employee of a Member of Congress in connection with awarding of any
federal contract, the making of any federal grant or loan, entering into any cooperative agreement
and the extension, renewal, amendment or modification of any federal contract, grant, loan or
cooperative agreement.
If any fiords other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions.
L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries
and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to activities assisted under the terms of this Agreement, or who are in a
position to participate in a decision-making process or gain inside information with regard to
such activities, may obtain a financial interest or benefit from a City -assisted activity of
Consultant, either for themselves or those with whom they have family or business ties, during
their tenure or for one year thereafter. This prohibition applies to any person who is an agent,
employee, consultant, officer, or elected or appointed official of City, or of any designated public
agency, or the Consultant.
M. Drug Free Workplace. Consultant certifies that it has established the following drug-
free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of Consultant will be required to:
a) Abide by the terms above in statement 1.
b) Notify appropriate officials of Consultant and City officials of any
criminal drug. statute conviction for a violation occurring in the
workplace not later than five days after such conviction.
3. The City and the United State Department of Housing and Urban Development
will be notified within ten days after receiving notice of any such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state or local health,
law enforcement, or other appropriate agency.
N. Nondiscrimination. Consultant agrees that no person on the ground of race, age,
color, national origin, disability, religion or sex will be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity funded in whole
or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
O. Conflict of Interest. 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. Further, any conflict or potential conflict of interest
of any employee/officer of Consultant shall be fully disclosed in writing prior to the execution of
this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof.
Notice shall be sent by Consultant to City regarding any changes or modifications to its board of
directors and list of officers.
P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of
any person to fill a position funded through this Agreement if a member of that person's immediate
family is employed in an administrative capacity by Consultant. For the purposes of this section,
the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law,
sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew,
stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities,
8. ASSIGNABILITY
None of the duties of, or work to be performed by, Consultant under this Agreement shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of
City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to
City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant
pursuant to this Agreement.
9. TERMINATION
A. _ This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, Consultant shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by City upon five (5) days' written
notice for violation by Consultant of Federal Laws governing the use of Community Development
Block Grant Funds. In the event of such suspension or termination, Consultant shall only be
entitled to reimbursement for approved expenses incurred up to the effective date of suspension or
termination.
C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or
any of its obligations hereunder, City may declare a default and termination of this Agreement by
written notice to Consultant, which default and termination shall be effective on a date stated in the
notice which is to be not less than ten (10) days after certified mailing or personal Sol vice of such
notice, unless such default is cured before the effective date of termination stated in such notice. If
tenninated for cause, City shall be relieved of further liability or responsibility under this
Agreement, or as a result of the termination thereof, including the payment of money, except for
payment for approved expenses incurred for services satisfactorily and timely performed prior to the
mailing or service of the notice of termination, and except for reimbursement of (1) any payments
made for services not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by City in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
10.
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.
11. VALIAITS
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
12. 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 facsimile 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, California 92702-1988
Facsimile (714) 647-6956
With courtesy copies to:
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-5635
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
To Consultant:
Sally Swanson Architects, Inc.
220 Sansome Street, Suite 1100
San Francisco, California 94104
Phone: (415) 445-3045
Facsimile: (415) 445-3055
13. MISCELLANEOUS PROVISIONS
a, Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages
to Agency. in She event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
b. All Exhibits referenced. herein and attached hereto shall be incorporated as if frilly set
forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by. the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
MARIA D. HIIIZAR
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Vin M. Funk
Assistant City Attorney
Public Works Agency
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CITYY�OF SANTA AN
V
DAVID CAVAZO
City Manager
CONSULTANT
Sally Swanson Architects, Inc.
r
sy:
ally Swanson, AIA
CEO, Sally Swanson Architects, Inc.
Tax ID# tI1- OGadp SCS
N-2016-068
March 10, 2016
Michael Ortiz
ADA Coordinator
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
via email
Re: Professional Access Compliance Consulting Services SSA No. 16010.30
Project: Access Compliance Survey Report & Database for Tracking
Santa Ana Regional Transportation Center (SARTC)
Dear Mr. Ortiz:
Please find a standard professional services agreement for access compliance services to evaluate
and interpret the access code requirements for the Santa Ana Regional Transportation Center
(SARTC) located in the City of Santa Ana.
Over the years, we have established ourselves as experts in accessibility code regulations. Sally
Swanson Architects, Inc. (SSA) has extensive consulting experience in assessing, documenting, and
evaluating code compliance issues in public facilities. Our firm has emerged as a leading access
compliance consulting specialist that the California Division of the State Architect (DSA) relies upon
to analyze and evaluate intricate code compliance issues, as well as develop and implement feasible
solutions.
Our staff includes Certified Access Specialists (CASA) and ICC -certified accessibility inspectors and
plans -examiners with several years of project experience, which also affords us the ability to
coordinate complex projects.
SSA hourly billing rates in this agreement may be used for various additional services including, but
not limited to, attending meetings; conducting site audits to prepare a punch list of code deficiencies
in recently completed or on-going construction projects; access compliance plan review of
construction documents; preliminary review of project scoping; and other ADA technical
assistance/consultation.
Please review the proposal, wet sign and return one copy to acknowledge receipt and acceptance to
the terms herein. If you have any questions or concerns, please do not hesitate to call my associate
Jasper Kirsch at 415-445-3045 ext 119. We look forward to working with you.
SincereI
Sally Swanson, AIA
CEO, Sally Swanson Architects, Inc.
Enclosures:
7 4 t 5 445 3645 r 415 4=t5 3059
1 kcEI SUITE t �., S A N f H A_..:ISC v,. stic.
Mr, Michael Ortiz, City of Santa Ana
Std. Agreement—Access Compliance Consulting Services
March 10, 2016
SCOPE OF WORK DESCRIPTION
SSA agrees to provide professional access compliance consulting services to the client, the City of
Santa Ana upon request. SSA will be working under the direct supervision of designated personnel
only, Services include site visits and an access code compliance Inspection report of the Santa Ana
Regional Transportation Center (SARTC) with the applicable accessibility regulations and codes -
ADAAG and CBC.
Applicable standards are Title II of the Americans with Disabilities Act (ADA), the ADA Standards for
Accessible Design, and Title 24 of the California Code of Regulations (2013 edition), SSA will
conduct the survey In a non -intrusive manner.
SSA will travel to the facilities and conduct an access compliance survey, which will include all
.associated.accessible elements in the exterior and interior spaces of the Santa Ana Regional
Transportation Center (SARTC).'AII non -occupiable spaces accessed only by ladders, catwalks,
crawl spaces, very narrow passageways, or freight (non -passenger) elevators, and frequented only
by service personnel for repair purposes are not included in this scope; such spaces include, but are
not: limited to, elevator pits, elevator penthouses, piping or equipment catwalks.
SSA will identify any code deviations and prepare and submit one report for the Santa Ana Regional
Transportation Center (SARTC) to the client that lists all identified access barriers Including:
- Description of barrier.
- The Individual location of barrier (Barrier Location Map).
- Photo of identified barrier.
- The as -built measurement.
- The applicable citation in the ADA or ADAAG and CCR Title 24.
- Proposed solution (structural alteration or administrative modification)
- Preliminary/conceptual cost estimate.
- Formatting or integration into transition plan format (severities, prioritization, etc.).
Upon request SSA can provide the following optional services, not included in this scope of work.
Construction cost estimate for proposed barrier removal.
Development of a barrier removal project implementation schedule.
Forensic code research.
Preparation and appearance as expert witness.
Additional site visits or meetings.
Design and construction drawings and specifications.
0311012016 Sally Swanson Architects, Inc. Page 2 of 4
Mr. Michael Ortiz, City of Santa Ana
Std. Agreement—Access Compliance Consulting Services
March 10, 2016
DELIVERABLE & FEE
One Access Compliance Survey report for the Santa Ana Regional Transportation Center
(SARTC) in an electronic PDF & Excel format.
Develop customized database for tracking identified barriers: FIIeMaker Pro
One license for FileMaker Pro Software
One training session for database Software
TOTAL not -to -exceed Fee -for Access Compliance Survey Report & Database - $9,945.00
Project Manager:
8hrs x $160 = $1,280.00
Surveyor:
20hrs x $125 = $2,500.00
Technical Staff:
22hrs x $110 = $2,420.00
Database Development:
16hrs x $110 = $1760.00
Training & Technical Assistance
5hrs x $125 = $625.00
FileMaker Software
$360.00
Reimbursable (not -to -exceed):
$1,000.00
Total:
$9,945.00
Optional on-call services (As needed T&M) $5 000 00
Total: $14,946.00
TERMS
Accrued fees will be Invoiced on a monthly basis and upon completion of the project with applicable
reimbursable expenses. Payable net 30 days from billing date.
SSA HOURLY BILLING RATES
Following rates are effective as of January 1, 2018. SSA reserves the right to adjust these rates.
Hourly Billing Rates for Access Compliance Services:
— Principal $225.00
— Sr. Policy Specialist $185.00
— Project Manager, CASp $160.00
— Sr. Technical Architect $160.00
— Sr. Access Consultant, ICC $125.00
— Architectural Drafter $110.00
— Technical Staff $110.00
— Clerical Staff $75.00
03/1012016 Sally Swanson Architects, Inc. Page 3 of 4
Mn Michael Ortiz, City of Santa Ana
Std. Agreement—Access Compliance Consulting Services
March 10, 2016
List of Reimbursable Expenses (if applicable);
— Project travel expenses — car rentallmileage, Lodging, per diem, tolls, etc
— Expense of reproduction, postage and delivery of documents
Reimbursable expenses are reimbursable and will be billed at 1.15 times the amount incurred by
SSA Inc.
MISCELLANEOUS PROVISIONS
Client acknowledges that requirements of the Americans with Disabilities Act (ADA) and other
federal, state and local accessibility laws may be subject to various and possibly contradictory
interpretations. SSA, therefore, will use reasonable professional efforts and judgment to interpret
applicable ADA requirements and other federal, state, and local laws as they apply to the project.
SSA, however, cannot and does not Warrant or guarantee that the said project will fully comply with
interpretations of these requirements by regulatory bodies or court decisions.
AUTHORIZATION FOR ACCESS COMPLIANCE SERVICES:
Agreed and Accepted:
5
Sign tiwe
Date
XADA-
Name (printed)
Title (printed) 14A4A-UE47_
0311012016 Sally Swanson Architects, Inc. Page 4 of 4
Client#: 388
SALLYSWANI
ACORM CERTIFICATE OF LIABILITY INSURANCE
FATE (MMIODIYYYY
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
6/01/2016
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 CPA( �E 1?EEI.RHE� pf9 RIG 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 IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an en T.A6n .. stS h ¢n ltR l440ificate does not confer rights to the
O7"r f ' �'
certificate holder In lieu of such endorsement(s). Of 177171Ir .,, ( ',t_`,
PRODUCER
NAME: Ahgel'a N.' 0;g' -
Dealey, Renton & Associates452
ac°N o ,,,):510465-3090IFAX
ac, No :510-2193
P. O. Box 12675 9 /I vv
N —g`�,� I O
E-MAIL
ADDRFSs: aborg@dealeyrenton.com
Oakland, CA 94604-2675
510 465-3090
INSURERIS) AFFORDING COVERAGE NAIC#
INSURER A: Sentinel Insurance Co. LTD 11000
INSURED
INSURER a o Hartford Ins. Cc of Midwest 37478
Sally Swanson Architects, Inc.
I-- - -- - -
INsuRERc:Atlantic Specialty Insurance Co 27154
220 Sansome Street, Suite 1100
San Francisco, CA 94104
INSURER D:
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO-
JECT FLOC
GENERAL AGGREGATE !s2, 00,000
INSURER E:
$
COMBINEDSINGLE LIMIT
EB Accident 1,000,000
INSURER F
COVERAGES CERTIFICATE 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 CONTRACTOR 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.
INSRADDL
LTR
TYPE OF INSURANCE -
INSR
BUBR
WVO
POLICY NUMBER
POLICY EFF POLICYy EXP
(MMIDD/YYV MMIDDIYYYV
__. _ LIMITS
EApCryIHp�OECCTURqRENCE $1,000000
PREMIRESOEe oicuoence $1,000.000
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
—_ -
57SBWBHO903
11/15/2015 11/15/2016
MED EXP (Any one arson, $10,000
PERSONAL &ADV INJURY S1,000,OOO
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO-
JECT FLOC
GENERAL AGGREGATE !s2, 00,000
PRODUCTS - COMPIOP AGO s2,000,000
$
COMBINEDSINGLE LIMIT
EB Accident 1,000,000
OTHER,
A
AUTOMOBILEUABILRY
57UEGZC8109
11/15/201511/15/201
X
. ANY AUTO
BODILY INJURY (Par person) $
X!,HIREDAUTOS
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
X AUTOS
BODILY INJURY Per ecridenl $
( )•
PROPE idem? AGE -
Peraccitlenl $
$
A
)(1UMBRELLALIAB
X
OCCUR
57SBWBHO903 -
1/15/201511/151201
EACH OCCURRENCE
$2,000.OO0
1, EXCESS LIAR
CLAIMS MADE
AGGREGATE _
_
$2,000000 _
BED RETENTION $
$
B
WORKERS COMPENSATION
ANDEMPLOYERS' LIABILITY
ANYPROPRIETORIPARTNEWEXECUTIVE YIN
OFFICERIMEMBER EXCLUDED? a
NIA
57WEGGD6783
5/08/2016 05/08/201
X PER ORM -
E.L. EACH ACCIDENT
------
81,000000
(Mandatory In NH)
II yes, describe under
DESCRIPTION OF OPERATIONS below
_ _
5/03/2016 05/03/201
E.L.D ASE - EA EMPLOYEE
$1.000,000
EL DISEASE -POLICY LIMIT $1,0.00LOOg
$2,000,000 per Claim
C
Professional
DPL542716
Liability
$2,000,000 Ar l Aggr.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Rwmn.ft Schedule, may be attached if more space Ie required)
General Liability Policy excludes claims arising out of the performance of professional services.
Project Name/Number: Access Compliance survey & Database Tracking - Santa Ana Transportation Center
(SARTC)/ #16010.00.00
City of Santa Ana, Its officers, agents, volunteers, and employees are named as Additional Insured as
respects General Liability coverage. Should any of the above described policies be cancelled before the
expiration date thereof, the issuing Insurer will mail 30 days written notice to the Certificate Holder.
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1986
Santa Ana, CA 82702
IN MWIATW:I11 iE
ACORD 25 (2014/01) 1 of 1
#$1708615/M1680449
EUNICE HEREDIA (PG /OF
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
(919BB-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
OTMP1
Insured: Sally Swanson Architects, Inc.
Insurer; Sentinel Insurance Co. LTD
Policy Number: 57SBWBHO903
Policy Effective Date: 11/15i2ot5
Additional Insured:
NAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S), CONT:City of Santa Ana, its
officers, agents, volunteers, and employees
EXCERPTS FROM: Hartford Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
C. WHO IS AN INSURED
6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit
The person(s) or organization(s) identified in Paragraphs a. through f. below are additional
insureds when you have agreed, in a written contract, written agreement or because of a permit
issued by a state or political subdivision, that such person or organization be added as an
additional insured on your policy, provided the injury or damage occurs subsequent to the
execution of the contract or agreement, or the issuance of the permit. A person or organization is
an additional insured under this provision only for that period of time required by the contract,
agreement or permit.
f. Any Other Party
(1) Any other person or organization who is not an insured under Paragraphs a. through e. above
but only with respect to liability for "bodily injury, "property damage" or "personal and advertising
injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those
acting on your behalf:
(a) In the performance of your ongoing operations;
(b) In connection with your premises owned by or rented to you; or
(c) In connection with "your work" and included within the "products- completed operations
hazard, but only if
(i) The written contract or written agreement requires you to provide such coverage to
such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included
within the "products -completed operations hazard.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not
apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the
rendering of, or the failure to render, any professional architectural, engineering or surveying
services, including: inspection, or engineering
E.5. Separation of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned
in this policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom a claim is made or "suit" is brought.
E.7.b.(7).(b) Primary And Non -Contributory To Other Insurance When Required By
Contract
If you have agreed in a written contract, written agreement or permit that this insurance is primary
and non-contributory with the additional insured's own insurance, this insurance is primary and
we will not seek contribution from that other insurance.
E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation)
If the insured has waived any rights of recovery against any person or organization for all or part
of any payment, including Supplementary Payments, we have made under this Coverage Part,
we also waive that right, provided the insured waived their rights of recovery against such person
or organization in a contract, agreement or permit that was executed prior to the injury or
damage.
r— /
REVIEWED BY: EUNICE HEREDIA (PG ZDr gJ
EXCERPTS FROM CA 00001 (1001)
HARTFORD BUSINESS AUT® COVERAGE
Insured: Sally Swanson Architects, Inc.
Policy Number:57UE07C8109
Policy Effective Dates: 11/1-5/2016
Additional insured:
NAME OF ADDITIONAL INSURED PERSON(S) OR ORGAN IZATION(S), CONT:City of Santa Ana, Its officers, agents,
volunteers, and employees
Additional Insured: SECTION II — LIABILITY COVERAGE
1. WHO IS AN INSURED: The following are "insureds"
c. Anyone liable for the conduct of an "Insured"...but only to the extent of that liability,
Primary Insurance: SECTION IV — BUSINESS AUTO CONDITIONS
B. General Conditions - 5. Other Insurance
a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any
covered "auto" you don't own, the insurance provide by this Coverage Form is excess over any
other collectible insurance.
c. Regardless of the provisions of paragraph a, above, this Coverage Form's Liability Coverage
is primary for any liability assumed under an "insured contract".
Cross Liability Clause: SECTION V — DEFINITIONS
G. "Insured" means any person or organization qualifying as an insured in the Who is An
Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the
coverage afforded applies separately to each insured who is seeking coverage or against whom
a claim or "suit" is brought.
FORM ENDORSEMENT
15. WAIVER OF SUBROGATION — We waive any right of recovery we may have against any
person or organization with whom you have a written contract that requires such waiver
because of payments we make for damages under this Coverage Form.
REvtnwsn pv:-�'e=..=� EUNfcE f 1FRCDtn (nc,�oF •))
Invoice Sally Swanson Architects, Inc
220 Sansome Street,Suite 1100
San Francisco, CA 94104
T:(415)445-3045 - F:(415)445-3055
Michael Ortiz - ADA Coordinator
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana CA 95702
Project: 16010.00.00 City of Santa Ana Access Compliance
June 2, 2016
Project No: 16010.00.00
Invoice No: 0244193
Professional services from May 1. 2016 to May 31, 2016
..................................................................................
Task: 01 Access Compliance Survey Report
Access Compliance Survey Report & Database for Tracking Santa Ana Regional Transportation Center
(SARTC)
Fee
Total Fee 9,945.00
Percent Complete 50.00 Total Earned 4,972.50
Previous Fee Billing 0.00
Current Fee Billing 4,972.50
Total Fee 4,972.50
Total this task $4,972.50
Total this invoice $4,972.50
Billings to date Current Prior Total
Fee 4,972.50 0.00 4,972.50
Totals 4,972.50 0.00 4,972.50
Client agrees to pay undisputed amounts. Client will bring disputed amounts to Consultant's attention in
writing, alongwith an explanation of reasons for such dispute, within 15 (fifteen) calendar days of the invoice
date.