Item 4C MemoCITY OF
SOUTHLAKI
MEMORANDUM
(October 20, 2015)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Item 4C
Subject: Authorize expenditures with Accessology Too, LLC. in an
amount not to exceed $53,950
Action
Requested: Authorize expenditures with Accessology Too, LLC, in an amount
not to exceed $53,950.
Background
Information: The Americans with Disabilities Act (ADA) of 1990 is a
comprehensive piece of civil rights legislation that prohibits
discrimination and guarantees that people with disabilities have the
same opportunities as everyone else to participate in the
mainstream of American life.
Title II of that Act specifically requires that state and local
governments ensure that individuals with disabilities are not
excluded from programs, activities or other services offered. In
order to meet these requirements and to examine the ADA
compliance within the City, a four (4) phase evaluation process will
be conducted over the next 3 years to assess City buildings,
sidewalks/intersections, parks and internal programs.
Phase I of the ADA Transition Plan Development project, which
evaluated accessibility for 13 City owned buildings, was complete in
FY 15. As part of the FY 2016 budget, City Council authorized
$60,000 to begin Phase 11 of the evaluation of 8.1 miles of City
sidewalks, two (2) signalized intersections and all unsignalized
intersections in the City. The sidewalks and two (2) signalized
intersections will be identified prior to, and confirmed at the kickoff
meeting for Phase 11. The consultant will assist us in this
identification process to ensure we are using our shared resources
effectively and efficiently.
Financial
Considerations: Funding for Phase I of the ADA Transition Plan Development was
authorized by the City Manager in FY 15 in an amount of $40,000.
Item 4C
Phase II funding was increased to $60,000 due to the engineering
analysis needs required by the consultant to evaluate 8.1 miles of
sidewalks and the two (2) signalized intersections.
Strategic Link: Ensuring that the City's internal programs, building facilities, parks,
sidewalks and intersections are ADA compliant links to the City's
strategy map in multiple areas: infrastructure, safety & security, and
quality development. The specific corporate objectives that are met
by this approval include: achieving the highest standards of safety
and security; collaborate with select partners to implement service
solutions; and invest to provide and maintain high quality public
assets.
Citizen Input/
Board Review: N/A
Legal Review: Yes
Alternatives: The City Council may approve or deny this request.
Supporting
Documents: Professional Services Agreement
Phase II: Scope, Services and Fees
Staff
Recommendation: Authorize expenditures with Accessology Too, LLC, in an amount
not to exceed $53,950.
Staff Contact: Robert H. Price, P.E., Public Works Director
Blake Williams, Assistant to the Director
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this 13th day of October , 2015 by and
between the City of Southlake, Texas (hereinafter referred to as "CITY"), and
Accessology Too, LLC. (hereinafter referred to as "CONSULTANT").
WHEREAS, CITY contemplates the need to perform an Americans with Disability
(ADA) Assessment and Transition Plan development document project is to be known
as the ADA Transition Plan - PHASE II and hereinafter referred to as the "Project".
WHEREAS, CONSULTANT is qualified, able, and desirous of performing the
necessary work upon which the Project is based and is willing and able to work with
CITY staff to organize and coordinate the professional services necessary to complete
the Project.
NOW, THEREFORE, CITY engages CONSULTANT to perform, and
CONSULTANT agrees to perform, the consulting work for the Project, as more fully
described herein below, and CITY agrees to pay as compensation, and CONSULTANT
agrees to accept as compensation, the payments on the dates and in the amounts
herein specified, all in accordance with the terms more fully set out below and as
provided in Attachment A which is attached hereto and incorporated by reference as if
fully set forth herein.
I. ARTICLE
PROFESSIONAL SERVICES
A. Scope of Work
CONSULTANT will provide the supervision, direction, personnel and equipment
to perform the consulting services outlined in PHASE II of Attachment A in accordance
with the terms set forth in this Agreement and in the scope of PHASE II of Attachment
A.
B. Definitions
Services refer to the professional services performed by CONSULTANT
pursuant to this Agreement.
C. Changes
CITY, without invalidating the Agreement, may order changes within the general
scope of the work required by the Agreement by altering, adding to and/or deducting
from the work to be performed. If any change causes an increase or decrease in
CONSULTANT's cost of, or the time required for, the performance of any part of the
Services under the Agreement, an equitable adjustment will be made by mutual
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agreement and this Agreement shall be modified in writing accordingly.
D. Coordination with Owner
The CITY shall make available to CONSULTANT for use in performing Services
hereunder all existing plans, maps, field notes, statistics, computations and other data
in the CITY's possession relative to existing facilities and to the Project.
E. Site and Local Conditions
CONSULTANT has the right to examine the site in order to become acquainted
with local conditions and accepts conditions at the site unless otherwise noted in writing
to the CITY. Any coordination or scheduling of work by CITY shall not relieve
CONSULTANT from its responsibilities specified hereunder. Necessary arrangement
for access to any site by CONSULTANT's employees will be made with CITY.
P. Assignment and Subcontractors/Third Party Rights
The rights and obligations covered herein are personal to each party hereto
and not to any third party and for this reason neither this Agreement nor any contract
hereunder shall be assigned be either party in whole or in part; nor shall
CONSULTANT subcontract any of its obligations under this Agreement without prior
written consent of CITY.
Notwithstanding, nothing in this section shall be construed to prohibit
CONSULTANT from supplementing its work force with individual, independent
contractors who work for CONSULTANT as CONSULTANT's agents, on an
occasional basis, as needed from time to time, under the supervision and control of
CONSULTANT, provided that CONSULTANT does not attempt to avoid or assign
responsibility for any of CONSULTANT's duties under this Agreement. The
occasional use of such individual, independent contractors by CONSULTANT shall
not require City's prior approval.
G. Independent Contractor
CONSULTANT covenants and agrees that it will perform the work hereunder as
an independent contractor, and not as an officer, agent, servant, or employee of CITY;
that CONSULTANT shall have exclusive control of and exclusive right to control the
details of the work performed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees,
contractors, subcontractors, and consultants; that the doctrine of respondent superior
shall not apply as between CITY and CONSULTANT, its officers, agents, employees,
contractors, subcontractors, and consultants, and nothing herein shall be construed as
creating a partnership or joint enterprise between CITY and CONSULTANT,
H. Disclosure
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By signature of this contract, CONSULTANT warrants to CITY that it has made
full disclosure in writing of any existing conflicts of interest or potential conflicts of
interest, including personal financial interests, direct or indirect, in property abutting the
proposed Project and business relations with abutting property owners. CONSULTANT
further warrants that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this contract and prior to final payment under the
contract. Finally, consultant warrants that it has submitted to the City a completed
Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local
Government Code.
I. Approval by CITY
Approval by CITY of this Agreement shall not constitute or be deemed to be a
release of the responsibility and liability of CONSULTANT, its officers, agents,
employees, and subcontractors for the accuracy and competency of the Services
performed under this Agreement, including but not limited to any consulting documents
or reports.
Such approval shall not be deemed to be a waiver or an assumption of such
responsibility and liability by CITY for any negligent act, error, or omission in the
performance of CONSTULTANT'S professional services or in the conduct or
preparation of the assessment report or other documents by CONSULTANT its officers,
agents, employees and subcontractors, it being the intent of the parties that approval by
CITY signifies the CITY's approval of only the general design concept of the
Improvements to be constructed.
J. Indemnification
CONSULTANT SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON
OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION
OR NEGLIGENT ACT OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES,
INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH
REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND CONSULTANT
WILL, AT ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND
PROTECT CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY
AND ALL SUCH CLAIMS AND DEMANDS.
TO THE EXTENT PERMITTED BY LAW, CITY SHALL AND DOES HEREBY AGREE
TO INDEMNIFY AND HOLD HARMLESS CONSULTANT, ITS OFFICERS, AGENTS,
AND EMPLOYEES FROM ANY AND ALL DAMAGES, LOSS OR LIABILITY OF ANY
KIND WHATSOEVER, BY REASON OF DEATH OR INJURY TO PROPERTY OR
PERSON CAUSED BY ANY OMISSION OR NEGLIGENT ACT OF CITY, ITS
OFFICERS, AGENTS, EMPLOYEES, INVITEES, OR OTHER PERSONS FOR WHOM
IT IS LEGALLY LIABLE, WITH REGARD TO THE PERFORMANCE OF THIS
CONTRACT, AND CITY WILL, AT ITS COST AND EXPENSE, DEFEND, PAY ON
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BEHALF OF, AND PROTECT CONSULTANT AND ITS OFFICERS, AGENTS, AND
EMPLOYEES AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS.
K. No Third Party Beneficiary
For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) this Agreement only affects
matte rsldisputes between the parties to this Agreement, and is in no way intended by
the parties to benefit or otherwise affect any third person or entity (except the
indemnitees identified or described in Article I, Section J., above), notwithstanding the
fact that such third person or entities may be in a contractual relationship with CITY and
CONSULTANT, or both; and (2) the terms of this Agreement are not intended to
release, either by contract or operation of law, any third person or entity from
obligations they owe to either CITY or CONSULTANT.
L. Successors and Assigns
CITY and CONSULTANT each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants
of this Agreement. Neither CITY nor CONSULTANT shall assign or transfer its interest
in this Agreement without prior written consent of the other.
IL ARTICLE
CITY'S RESPONSIBILITIES
CITY will:
1. Provide full information as to CITY's requirements for the Project;
2. Assist CONSULTANT by placing at CONSULTANT's disposal all
information in CITY's control or knowledge which is pertinent to the
Project.
3. Examine all work presented by CONSULTANT and respond within
reasonable time and in writing to the material submitted by
CONSULTANT;
4. Give prompt written notice to CONSULTANT whenever CITY observes or
otherwise becomes aware of any defect in CONSULTANT's work.
5. Designate in writing a person to act as its representative with respect to
this Agreement, such person having complete authority to transmit
instructions, receive information, and make or interpret the CITY's
decisions;
6. Provide all information and criteria as to the CITY's requirements,
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objectives, and expectations for the Project including all numerical criteria
that are to be met and all standards of development, design, or
construction.
7. Provide to the CONSULTANT all previous studies, plans, or other
documents pertaining to the Project and all new data reasonably
necessary in the CONSULTANT's opinion, upon which the
CONSULTANT may rely; and
8. Arrange for access to the site and other private or public property as
required for the CONSULTANT to provide its services.
III. ARTICLE
COMPENSATION FOR PROFESSIONAL SERVICES
The CITY shall compensate CONSULTANT for services rendered under this
Agreement, in accordance with the following:
For the completion of the work contemplated in Article 1, the CONSULTANT shall
be paid on a monthly basis for services rendered, provided that the total paid to
CONSULTANT for all services under this Agreement shall not to exceed $53,950 for
tasks related to PHASE II, as outlined in the proposal attached hereto as EXHIBIT A.
Final payment will be made upon the delivery of the full Draft Self -Evaluation and
Transition Plan.
IV. ARTICLE
TIMES OF BILLING AND PAYMENT
The CONSULTANT shall bill CITY monthly for any services incurred in
accordance with the work performed, subject to the limits set out in Article Ill. Payment
shall be due upon receipt by CITY of a properly prepared and correct invoice from
CONSULTANT. CONSULTANT's invoices shall be accompanied by such records or
other written proof as CITY deems necessary to verify the billings. Invoices shall be
mailed to the City Finance Department's office at 1400 Main Street, Suite 440
Southlake, Texas 76092.
If CITY fails to make payment due CONSULTANT within thirty (30) days of the
day when payment for services and expenses is due under the terms of this
Agreement, CONSULTANT shall be entitled to interest on such unpaid sums at the rate
provided in Chapter 2251 of the Texas Government Code.
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V. ARTICLE
STANDARD OF CARE
In performing its professional services, the CONSULTANT will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members
of its profession in the same locality at the time the services are provided, and in
accordance with any applicable governmental laws, regulations and ordinances..
VI. ARTICLE
PERIOD OF SERVICE
This Agreement shall be effective upon execution by CITY and CONSULTANT,
and shall remain in force until work is completed on the Project or until terminated
under the provisions hereinafter provided in Article Vlll.
VII. ARTICLE
TERMINATION
The CITY may terminate this Agreement at any time for convenience, with or
without cause by giving written notice to the CONSULTANT. Such termination may be
made effective on such future date as agreed by the parties, but absent such
agreement shall be immediate. Upon receipt of such notice the CONSULTANT shall
immediately discontinue all services and work and the placing of all orders or the
entering into contracts for supplies, assistance, facilities, and materials in connection
with the performance of this Agreement and shall proceed to cancel promptly all
existing contracts insofar as they are chargeable to this Agreement.
The CONSULTANT, upon termination, shall be paid for all services rendered
through the date of termination together with any additional reimbursable expense then
due.
VIII. ARTICLE
OWNERSHIP OF DOCUMENTS
All completed or partially completed reports prepared under this
Agreement, including the original drawings in both paper and electronic
formats, shall become the property of CITY if this Agreement is
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of CONSULTANT shall
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be at CITY's sole risk.
IX. ARTICLE
INSURANCE
CONSULTANT shall carry and maintain at all times relevant hereto, at
CONSULTANT's expense, insurance of the type and of minimum coverage limits as
follows:
Workers Compensation - Statutory Employer's Liability - Limits as
required by the State of Texas or Waiver of Liability Form.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit _ $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage
in a combined single limit - $9,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY within ten (10)
business days after execution of this Agreement and prior to issuing Notice to Proceed.
Such certificates shall provide that the insurer will give CITY not less than ten (10) days
notice of any material changes in or cancellation of coverage. In the event any
subcontractor of CONSULTANT, with or without CITY's consent, provides or renders
services under this Agreement, CONSULTANT shall ensure that the subcontractor's
services are covered by the same insurance limits as set forth above.
CONSULTANT shall not commence work under this Agreement until it has
obtained Professional Liability (Errors and Omissions) Insurance as required hereunder
and such insurance coverage has been approved by CITY. Such insurance shall be in
the minimum amount of $1,000,000 and shall include coverage of Contractually
Assumed Liability. The insurance coverage prescribed herein shall be maintained until
one (1) year after CITY's acceptance of the project and shall not be canceled without
prior written notice to CITY. In this connection, upon the signing and return of this
Agreement by CONSULTANT, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
CONSULTANT, and such certificate shall contain the provision that such insurance
shall not be cancelled or modified without thirty (30) days prior written notice to CITY.
CONSULTANT shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
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AUTHORIZATION, PROGRESS AND COMPLETION
CITY and CONSULTANT agree that the Project is planned to be completed by
September 30, 2016. CONSULTANT shall employ manpower and other resources,
and use professional skill and diligence to meet the schedule; however, CONSULTANT
shall not be responsible for schedule delays resulting from conditions beyond its
control. By mutual agreement, CITY and CONSULTANT may modify the Project
schedule during the course of the Project and if such modifications affect
CONSULTANT`s compensation, it shall be modified accordingly, subject to CITY`s
approval.
It is understood that this Agreement contemplates full and complete services for
this Project, including any and all Services necessary to complete the work. For
additional Consulting Services, the authorization by CITY shall be in writing and shall
include the definition of the services to be provided, the schedule for commencing and
completing the services, and the basis for compensation as agreed upon by CITY and
CONSULTANT.
XL ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either
personally, by registered or certified mail, return receipt requested, or by a nationally
recognized overnight courier service, addressed to the parties as follows:
If to CITY: Shana Yelverton
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: (817)-748-8400
Fax: (817)-748-8010
If to CONSULTANT: Kristi Avalos
President/CEO
Accessology Too, LLC.
301 W. Louisiana St.
McKinney, Texas 75069
Phone: (972) 434 0068
Fax: (972) 874 9851
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All notices shall be effective upon the date of receipt.
XII, ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or
unenforceable, shall not substantially affect the rights or obligations granted to or
undertaken by either party.
XIII. ARTICLE
VENUE -LAW
Venue of any suit or cause of action under this Agreement shall lie exclusively in
Tarrant County, Texas. This Agreement shall be construed in accordance with the laws
of the State of Texas.
IN WITNESS WHEREOF the parties have caused this Agreement to be
executed in two equal originals on the date and year first above mentioned,
CITY OF SOUTHLAKE:
By: Date:
Laura Hill, Mayor
ATTEST:
By: Date:
Lori Payne, City Secretary
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CONSULTANT: ACCESSOLOGY TOO, LLC.
By: Date: /0- / 3
risti Avalos., President/CEO
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared known to me [or
proved to me on the oath of or through
(description of identity card or other document)] to be the person whose name is
subscribed to the foregoing instrument and that he/she is the duly authorized
of , and acknowledged
to me that he/she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this y
J da of
A.Dj p
CCo
(SEAL) Notary ublic, State of Texas
Notary's Name Printed
BE
tfNQA CAROL TERRY
1f�Y �v 4
Notary Public, State of Texas
My Cornmisslon Explres
February 12, 2011
Page 10
CITY OF SOUTHLAKE, TX ADA TRANSITION PLAN
Project Scope & Fee Proposal Inventory
SOUTHLAKE TRANSITION PLAN PHASE TWO
Pedestrian Access — sidewalks, intersections/curb ramps, pedestrian pathway:
Public Rights of Way:
2 Signalized Intersections
16.1 linear miles of sidewalk
All unsignalized intersections along the sidewalks
evaluated will also be evaluated.
Task 1— Proiect Management
1.1 The Consultant will maintain project records, budgets, and communications for the duration
of this phase.
1.2 The Consultant will prepare a project schedule and update it on a monthly basis.
1.3 The Consultant will prepare monthly progress reports.
1.4 The Consultant anticipates bimonthly calls between the Consultant's Project Manager and the
designated Client staff to review the status of tasks and to keep the schedule current.
Task 2 — Self Evaluation: Signalized Intersections; Unsignalized Intersections; Arterial Sidewalks
2.1 The Consultant will meet with Client and City staffs to introduce the proposed project
tasks schedule. The proposed method for prioritizing barrier removal projects identified
during the self-evaluation task will be presented. The Consultant will coordinate with
Client and City staffs to identify and obtain all necessary documents and materials to
support the self-evaluation process.
Task 3 —Transition Plan Development
3.1 Coordinate with Client staff in the development of a strategy for developing the Transition
Plan, including a review of Client ordinances, design policies and design standards related to
curb ramps and sidewalks. Identify issues which should be addressed to confirm that policies
are nondiscriminatory to people with disabilities.
3.2 Develop the Evaluation Process_ Assist the Client in developing a process and format to evaluate
the accessibility improvements to be identified in Phase 2, utilizing prioritization and
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CITY OF SOUTHLAKE, TX ADA TRANSITION PLAN
Project Scope & Fee Proposal Inventory
evaluation criteria. Existing evaluation methodology will be analyzed and recommendations
made for necessary improvements.
3.4 Recommend prioritization criteria for creating an implementation schedule for accessibility
improvements.
3.5 Prioritize the accessibility improvements by facility type and severity, providing cost
estimates for the recommended modifications.
3.6 Evaluate and make recommendations on exceptions or exemptions that may apply under
the terms of the ADA. This may include exemptions related to structures of historic
significance, alterations affecting the fundamental nature of a service, activity or program
under financial and administrative burden, or structural changes.
Task 4 — Documentation
4.1 Prepare a plan summary document that will serve as a resource guide for Client staff.
4.2 Fill in the Self -Evaluation and Transition Plan.
4.3 Final Self -Evaluation and Transition Plan Fallowing review by the Client and relevant
community review by Draft Plan, the Consultant will incorporate comments and prepare
the Final Plan for presentation.
Task 5 — Meetings
5.1 Progress meetings. Up to two (2) monthly progress meetings with Client staff and the
newly created ADA Liaison Committee.
5.2 Miscellaneous Meetings. Up to one (1) teleconference meetings with various project
stakeholders
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CITY OF SOUTHLAKE, TX ADA TRANSITION PLAN
Project Scope & Fee Proposal Inventory
Fee and Expenses (Phase 2)
The Consultant will perform the services in Tasks 1— 7 (Phase 2) for lump sum fee of $53,950.
All permitting, application, and similar project fees (if applicable) will be paid directly by the
Client.
TASK #
DESCRIPTION
FEE
#1
Project Management (Phase 2)
$4,600
#2
Self -Evaluation:
Two (2) Signalized Intersections
$4,300
Unsignalized Intersection
$13,500
Sidewalks:
8 miles of sidewalk corridors
$11,950
#3
Transition Plan Development (Phase 2)
$7,200
#4
Documentation (Phase 2)
$4,900
#5
Meetings
$7,500
PHASE TWO PROJECT TOTAL
$53,954
Tota I Fee $ 53,950
Lump sum fees will be invoiced monthly based upon the overall percentage of services
performed. Payment will be due within 25 days of receipt of invoices.
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