1033 Fifth Street Clovis, CA (559)

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1 CITY OF CLOVIS Request for Proposal Americans with Disabilities Actt (ADA) Compliance Professional Services for Site Accessibility Evaluation/Audit Issued: June 10, 2010 City of Clovis Engineering 1033 Fifth Street Clovis, CA (559)

2 REQUEST FOR PROPOSAL (RFP) INTRODUCTION Located in the northeast quadrant of the Fresno-Clovis Metropolitan Area, Clovis is situated in the midst of the agriculturally rich San Joaquin Valley. Since its incorporation in 1912, Clovis has been the "Gateway to the Sierra. Dedicated to promoting planned growth while retaining its unique western atmosphere, the City s population has more than doubled since 1985, reaching the current level of over 95,000, and encompassing over 23 square miles in area. For more information about the City, please visit The City of Clovis ( City ) has entered into a consent decree (see attached) that requires a Certified Access Specialist Program (CASp) member to conduct a self-survey of all public right-of-ways by February The survey/audit will be used to update the City s ADA Transition Plan and prioritize new and remedial accessibility projects. 28 CFR Part (d) requires that all public entities with 50 or more employees create a Transition Plan that sets forth the steps necessary to ensure compliance with the ADA and its implementing regulations. In implementing the plan, the entity is to give priority to areas accessing government buildings, transportation facilities, and commercial facilities; residential areas are secondary. The Transition Plan must (1) identify physical obstacles limiting accessibility; (2) describe methods to be used to make the site accessible; (3) specify a schedule for achieving compliance; and (4) identify the official responsible for implementation of the plan. (28 CFR Part (d) (3). The City of Clovis invites qualified professional firms and individuals experienced in the evaluation and development of site and facility accessibility plans and surveys to submit a written proposal to provide consulting services. Services will include site (right-ofway) accessibility compliance audits to provide the basis for identification, prioritizing, budgeting, and implementation of plans, which assist the City in its continuing efforts to comply with accessibility requirements as required by the "Americans with Disabilities Act of 1990" (ADA) and State of California Access Codes. The City will then use this evaluation to update a written transition plan, which provides a methodical, budget sensitive timeline for correction of deficiencies. The Americans with Disabilities Act (ADA) Compliance - Professional Services for Site Accessibility Evaluation (ADA Site Evaluation) will include identification of potential architectural and communications barriers, which may limit access to public transportation, facilities, sidewalks, and roads. Facilities to be audited include public spaces such as parking, transit stops, and rights-of-way throughout the City. Findings will be compared with the ADA Accessibility Guidelines (ADAAG) and California Access Codes to determine compliance with State and Federal accessibility standards.

3 Information that is more detailed is located in Appendix A: Scope of Work Submission Guidelines Firms or individuals interested in submitting proposals for the City s self-survey of public right-of-ways shall submit three (3) complete copies of the proposal, in a sealed envelope, bearing the caption City of Clovis Professional Services for Site Accessibility Evaluation. Each proposal shall include a letter of transmittal, signed by an authorized representative of the consultant. This letter of transmittal must state the names of the individual(s) authorized to negotiate with the City and sign contracts on behalf of the consultant. Please limit proposal responses to no more than 25 pages. Proposals shall be submitted and labeled as follows: City of Clovis 1033 Fifth Street Clovis, CA Attn: Marianne Mollring, Administrative Analyst Re: ADA Transition Plan Survey RFP mariannem@ci.clovis.ca.us (559) Proposals may be submitted in person at the City Clerk s office, or via US Mail, , or express courier and must be received in the City Clerk s office before 2:00 p.m. on July 9, Submissions after this deadline will not be accepted. All inquiries and/or requests for clarification of the RFP shall be submitted by to Marianne Mollring, at mariannem@ci.clovis.ca.us. All requests for clarification must be received no later than 5:00 p.m., June 25, Requests for clarification received after this date will be discarded. An optional pre-proposal meeting will be held on June 24, 2010, at 11 a.m., in the Clovis Planning and Development Services San Joaquin Conference Room, 1033 Fifth Street, Clovis, CA 93612, to answer any questions by prospective proposers. Any consulting firms downloading this RFP from the City of Clovis website, or any other source, and desiring to be considered for selection, shall contact the above City representative prior to June 24, 2010, and provide contact information for any correspondence generated through the clarification process. The City retains sole discretion to evaluate proposals and may make an award to the consultant the City deems to have the most responsive proposal. Receipt of proposals in response to this RFP does not obligate the City in any way to engage any consultant and the City reserves the right to reject any or all proposals, wholly or in part, at any time, without penalty. The City shall retain the right to abandon the proposal process at

4 any time prior to the actual execution of a no financial or other responsibility in the event of such abandonment. The City reserves the right to negotiate all final terms and conditions of any agreements entered into. The evaluation process shall include review of qualifications by a panel of City staff (RFP Team) assigned by the Assistant City Manager and any other person(s) designated by the City. The City reserves the right, where it may serve the best interest of the City, to request additional information and clarification from consultants. At the discretion of the RFP Team and the City, consultants submitting proposals may be requested to make oral presentations as part of the evaluation process. All quotes, inquiries, responses, or correspondence related to or in reference to this RFP, and all reports, charts, displays, schedules, exhibits, and other documentation submitted by the consultant will become property of the City and a matter of public record. Any changes to this RFP by the City will be sent to each consultant or individual to whom an RFP has been sent. Such changes become an integral part of the RFP for incorporation into any contract awarded pursuant to the RFP. Upon final selection of the consultant, the scope of service may be modified and refined during negotiations with the City. All inquiries regarding the Request for Proposal should be directed to Marianne Mollring, Administrative Analyst by at mariannem@ci.clovis.ca.us. Contract Requirements It is recognized that the formal basis of any agreement between the City and the consultant is a contract rather than a proposal. In submitting price quotes, consultants must indicate that they are prepared to complete a contract containing all the information submitted in their price quote. The price quote will become part of the contract between the City and the successful consultant. Additional Submission Information The City assumes no responsibility for delays caused by delivery service. Postmarking by the due date will not substitute for actual receipt. All costs incurred during proposal preparation or in any way associated with the Consultant s preparations, submission, presentation, or oral interview shall be the sole responsibility of the Consultant. If awarded a contract, the consultant shall maintain insurance coverage, including errors and omissions, and worker s compensation, reflecting the minimum amounts and conditions specified by the City. Proposal Contents To be considered responsive, the proposal must provide specific and succinct answers to all questions and requests for information. Indirect, imprecise, or incomplete

5 responses can serve only to the disadvantage of the applicant. Submission of individual resumes is optional, but encouraged, although alone will not be considered responsive to any specific questions. Statement of Understanding and Approach. 1. Please describe the nature of your or your firm s practice and your qualifications for providing ADA accessibility compliance services for the City. 2. Describe how the data will be collected and preserved, including your reporting procedure and frequency. The City is interested in capturing location information (written and photographic), geographical location, and prioritized remediation measures. 3. The City is currently recording accessibility/compliance issues in an Excel spreadsheet (see attached this is the format used from the consent decree currently being used to track and report on progress made towards compliance with the decree). Please describe how you will integrate your data with this spreadsheet. If you feel a different (non-proprietary) record method would better serve the City, please provide a description of that solution along with an option cost. 4. Describe how you will provide a database that integrates with the City s Geographic Information System along with an option cost. a. Geographic tags (GPS points) for survey information, such as lat./long. b. Digital photographs c. ArcMap coverages or shape files 5. The City s consent decree requires a Certified Access Specialist Program (CASp) member conduct the audit/survey. Please provide a copy of your certificate. 6. For the person(s) who will actually conduct the survey of public right-of-ways, please provide the following: a. Education, training and years of practice for ADA compliance work and plan development in the State of California b. Number of projects for audit and transition plan development for municipalities; c. Knowledge of, and experience with California Title 24 Regulations and Americans with Disabilities Accessibility Guidelines (ADAAG); d. Professional affiliations; e. Claims against you or your firm for Errors and Omissions relative to municipality ADA projects over the last 10 years. 7. The City is required to complete the audit/survey by February Please define the anticipated timeline for initiation and completion of the Accessibility site and program audit and submission of compliance report. 8. The proposed cost to complete the project with detail for each phase. 9. Exceptions, if any, to the standard consultant services agreement of the City of Clovis.

6 Compensation and Reimbursement Compensation for the scope of work defined in this Request for Proposal (RFP) will be the total amount for the completion of the project culminating the acceptance of the City s survey of public right-of-ways. Payment will be made in monthly installments as billed by the selected firm: Professional References Please provide five (5) professional references for the individual/firm who will provide the services as outlined in this RFP. For each reference, please provide address and work telephone number. In addition, please submit, a sample of the type of survey guides, questionnaires, and audit report with prioritized findings you would generate for the City. Evaluation and Selection Process The various significant factors that will be considered in the evaluation of proposals are summarized below. The City s final selection will not be dictated by any single factor including price. The relative importance of these factors involves judgment on the part of the City s RFP Team and will include both objective and subjective analysis. A consultant may be eliminated from consideration for failure to comply with any of the requirements, depending upon the critical nature of such requirements. Late submissions will not be considered. Proposals will be screened, and the top candidates will be selected. The qualifications for the top candidates will be verified and references will be checked. In reviewing the proposals, the City will carefully weigh: 1. Consultant s understanding of the City s desires and general approach to the contract demonstrated in introduction and scope of work; 2. Consultant s experience with contracts similar in complexity and magnitude; 3. Qualifications of the Consultant s staff being assigned to this project; 4. Demonstrated ability of the Consultant to perform high quality work, to control costs and to meet time schedules; 5. Ability to work effectively with City staff; 6. Cost of services; and 7. Other qualifications/criteria as deemed appropriate by the City RFP Team. The City Council will formally approve the contract in July Services to the City are anticipated to begin on or shortly after August 1, 2010.

7 Appendix A Scope of Work 1. Consultant will assist the City of Clovis complete a citywide ADA Self Survey of all public right-of-ways. 2. Identify and obtain all necessary documents and materials to conduct the audit process and survey. a. Conduct at least three meetings with City staff. b. Refine tasks and schedule. c. Prepare evaluations checklists for City staff. 3. Conduct surveys of all City rights-of-way listed in Appendix B. The survey will identify physical barriers and noncompliant facilities. 4. Reports must include: a. Listing of each specific barrier encountered during the survey process, including location and photograph. b. A feasible conceptual solution to resolving the barrier (such as replace ramp ). c. Prioritization of barrier removal 5. Evaluate the City s baseline condition for sidewalks and curb ramps in the public right-of-way leading to public buildings and sites, and throughout the City. 6. Prepare the Self-Evaluation and Audit to include: a. Use the information from the spreadsheet from the consent decree to identify the specific information being sought, or b. Provide a non-proprietary recordkeeping solution. 7. Assist City staff with the preparation of a revised transition plan

8 Appendix B List of Phases and Work Phase I August 2010 through June 30, Survey Plats (quarter sections) Phase II July 1, 2011 through February Survey Plats (quarter sections)

9 Phase III March 1, 2012 through May 30, Assist City staff with the revision of the transition plan

10 Appendix C City Map

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12 Appendix D Sample Consent Decree Information

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14 Appendix E Sample Agreement This agreement made at the City of Clovis, California, by and between, hereinafter called the Contractor, and the City of Clovis, hereinafter called the Owner. WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named, agree as follows: ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, materialmen, subcontractors, artisans, machinists, teamsters, draymen and laborers required for the CITY OF CLOVIS ( Project ) as described in the Scope of Work in Section 29 of Project specifications and other documents relating thereto. ARTICLE II. The Contractor and the Owner agree that the Advertisement (Notice to Contractors), the wage scale (prevailing wages), the Standard Plans and Specifications, the Project plans and drawings, the Contract Specifications, and the Proposal for the Project are incorporated herein by reference, and together with this agreement, form the contract documents for the Project, and they are as fully a part of the contract documents as if herein repeated. If there is a conflict between any provision(s) of the remaining contract documents and any provision(s) of this agreement, the provision(s) of this agreement shall prevail and the conflicting provision(s) in the remaining contract documents shall not be applied under the circumstances in which the conflict exists, but shall remain applicable in all other circumstances. ARTICLE III. The Owner agrees to pay the Contractor the following sum for performance of the Project; The Americans with Disabilities Act (ADA) Compliance - Professional Services for Site Accessibility Evaluation It being understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal; and upon completion of the Project, the final contract price shall be revised, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto attached. ARTICLE IV. Owner may terminate or suspend this Agreement as permitted in the Standard Specifications and other contract documents. ARTICLE V. Contractor shall indemnify and hold harmless and covered as additional insured Owner and its officers, officials, employees, and agents as required in the Standard Specifications and other contract documents. Insurance Requirements for Contractors With construction risks, Contractor shall, at its sole cost and expense, procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Minimum Scope of Insurance Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001). 2. Insurance Services Office Form CA covering Automobile Liability, Code 1 (any auto). 3. Workers compensation insurance as required by the State of California and Employer s Liability Insurance. 4. Errors and Omissions Liability insurance appropriate to the consultant s profession. Architects and engineers coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: (Including operations, products and completed operations.) $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability:$1,000,000 per accident for bodily injury and property damage. 3. Employer s Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors & Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the contractor; or automobiles owned, leased, hired or borrowed by the contractor.

15 2. For any claims related to this project, the contractor s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. 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. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of section 2782 of the Civil Code. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form: 1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. 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 Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work. 4. A copy of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best s rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Contractor shall furnish the City with original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences; however, failure to do so shall not operate as a waiver of these insurance requirements. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. Waiver of Subrogation Contractor hereby agrees to waive subrogation, which any insurer of contractor may acquire from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The workers compensation policy shall be endorsed to contain a waiver of subrogation in favor of the City for all work performed by the contractor, its agents, employees, independent contractors and subcontractors. ARTICLE VII. Contractor warrants and guarantees its work for two (2) years, or more if so specified, as detailed in the Standard Specifications and other contract documents. IN WITNESS WHEREOF, they have executed this Agreement the day of, CONTRACTOR CITY OF CLOVIS Company By City Manager, Kathy Millison By Representative By City Clerk, John Holt