STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION REQUEST FOR QUALIFICATIONS NOTICE NUMBER 51A0457

Transcription

1 May 6, 2013 RFQ Number 51A0457 Page 1 of 6 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION REQUEST FOR QUALIFICATIONS NOTICE NUMBER 51A0457 Read carefully as the following revision has been made to this document on 11/21/12: This Request for Qualifications (RFQ) requires the submittal of an electronic PDF file of the Statement of Qualifications (SOQ) in addition to the paper copies as stated in section III Submission of Statements of Qualifications (SOQ), part B SOQ Package Submittal Instructions. You will be required to the Contract Analyst, Denetia Smith, at Denetia_Smith@dot.ca.gov for instructions to submit the SOQ electronically. Note: Submit all questions concerning this Request for Qualifications (RFQ) in writing via BidSync. You may also reach the analyst, Denetia Smith, by at Denetia_Smith@dot.ca.gov or by telephone at (916) Consultants contacting the District or Division directly seeking information about this RFQ may jeopardize the integrity of the selection process and risk possible disqualification. As required by Executive Order S-02-06, Caltrans is committed to meeting the State s 25 percent Small Business (SB) participation goal. Certified SBs, Microbusinesses (MB), and consultants willing to commit to subcontracting a minimum of 25 percent of the contract amount to certified SBs or MBs are encouraged to submit Statements of Qualifications. Section I. F. has the specific goals established for this RFQ. The Disabled Veteran Business Enterprise (DVBE) Participation Program applies and a five (5) percent goal is required for this RFQ. See section I. F. in this RFQ for requirements.

2 May 6, 2013 RFQ Number 51A0457 Page 2 of 6 I. GENERAL INFORMATION A. Caltrans is soliciting Statements of Qualifications (SOQs) from qualified firms that may lead to the award of a contract for ADA Access Consultant services. In submitting your Statement of Qualifications (SOQ), you shall comply with the instructions found herein. In addition to those programs that are specified in this solicitation, prospective consultants are encouraged to consider programs that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs. B. The estimated contract amount is $160,000 - $260,000. C. The estimated contract term is for two (2) years. D. Interviews will be held in Sacramento, CA on June 18, Confirmation letters will be sent to those firms short-listed. E. Negotiations will be held with the top-ranked firm in Sacramento, CA during the week of July1, F. A Disabled Veteran Business Enterprise (DVBE) Participation Goal of five (5) percent is required for the contract. As of July 28, 2009, the Good Faith Effort (GFE) is no longer an option to meet the DVBE participation goal, pursuant to Assembly Bill 21 of the Fourth Extraordinary Session (AB4X21). A Small Business Participation Goal of 25 percent is also highly recommended. G. Federal and/or State prevailing wage rates may apply. This requirement, if applicable, will be specified in the draft Agreement. H. Caltrans does not guarantee, either expressly or by implication, that any work or services will be required under any contract issued as a result of this RFQ. I. A Pre-award or Post-award Audit will be performed on any contract issued as a result of this RFQ.

3 May 6, 2013 RFQ Number 51A0457 Page 3 of 6 J. Contract boilerplate can be obtained at II. SCOPE OF WORK/DELIVERABLES The work to be performed for this RFQ is described in the Scope of Work/Deliverables, and is hereby incorporated as. III. SUBMISSION OF STATEMENTS OF QUALIFICATIONS (SOQs) A. IMPORTANT: Download Statement of Qualifications Submittal Instructions and General Contract Process Information from Failure to follow these instructions may result in rejection of your SOQs. B. SOQ Package Submittal Instructions Read instructions below carefully. You will be required to submit SOQ packages to Sacramento and District 51 (see items 1 and 3 below for required number of copies), as well as an electronic file to Sacramento. See paragraph B Two (2) copies of the SOQ containing all the indicated information shall be submitted. Fax copies will not be allowed. SOQs will be accepted until 3:00 p.m. on June 4, 2013, and must be directed to: State of California Department of Transportation Administration Division of Procurement and Contracts, MS th Street Sacramento, CA Attention: Denetia Smith Telephone: (916) If your SOQ package is hand-delivered, you must date and time stamp it immediately upon arrival. The date/time stamp machine is located in the lobby of the first floor to the right of the security guard station at the address noted above. Date/stamp one label for each SOQ package/box submitted. Ask the security guard to call the Division of Procurement and Contracts reception desk at (916) to have your SOQ package picked up by Contracts staff.

4 May 6, 2013 RFQ Number 51A0457 Page 4 of 6 3. In addition, one (1) copy of the SOQ containing all indicated information shall be submitted to District 51. FAX copies will not be allowed. SOQs will be accepted until 3:00 p.m. on June 4, 2013, and must be directed to: State of California Department of Transportation ADA Infrastructure Program 1120 N Street MS 36 Attention: Alex Morales Telephone: (916) If your SOQ package is hand-delivered, and Alex Morales is unavailable, you must call Briana Peluso, telephone number (916) Briana will then meet downstairs in the Lobby/Security area for pick-up. 5. The SOQs must be submitted in a sealed package labeled as follows: RFQ Number 51A0457 Submittal deadline June 4, 2013 DO NOT OPEN 6. In addition to the three (3) copies of the SOQ requested in this section III Submission of Statements of Qualifications, electronic submission of a single PDF file of the SOQ is required. The electronic submittal will be accepted until 3:00 p.m. on June 4, You will be required to the Contract Analyst, Denetia Smith, at Denetia_Smith@dot.ca.gov for instructions to submit the SOQ electronically. The file name shall include the contract number, consultant name (max. 25 characters) separated by an underscore (_), ending with the.pdf extension. Example A: 50A0694_JohnDoeConsulting.pdf Example B: 50A0694_aaa1234engineer.pdf 7. SOQ submittals will be considered non-responsive if all copies, including electronic submittal, are not received in the specified locations by the date and time specified in this RFQ.

5 May 6, 2013 RFQ Number 51A0457 Page 5 of 6 C. Request for RFQ Copies and/or Bidders List 1. Copies of this RFQ and/or Bidders List may be obtained at 1&p=&changeregion=&changeorg=&srchoid_override=&headoid= &sort=title&srchid=&clearsearch=&search=&title=td&regio n=%2fca&srchoid=307818&srchgroup=2771&cat=-1&cat_1=- 1&cat_2=-1&pastbids= 2. Bidders list will be posted on BidSync at least once during the solicitation process. Caltrans advises that prospective consultants periodically check BidSync for modifications to solicitation documents. Caltrans is not responsible for a prospective consultant s misunderstanding of the solicitation or nonresponsive submittal due to failure to check BidSync for updates or addenda to solicitation documents and/or other information regarding the solicitations. Failure to periodically check these websites will be at the Consultant s sole risk. D. The Consultant and subconsultants shall disclose after its Transmittal Letter that accompanies the Statement of Qualifications (SOQ), the following: The ADA Access Consultant shall provide up to three (3) clients for whom they have performed work similar to that proposed in this contract. Each reference must include: Firm Name, Contact Name, Street Address, City, State, Zip Code Telephone Number, Brief Description of Service provided, Service Dates, and The Service Value/Cost This reference shall also identify who on the proposed team, specifically worked at what level to deliver what relevant work during the referenced contract(s). E. Conflict of Interest 1. The Consultant and subconsultants shall disclose in an attachment to the Transmittal Letters that accompany the Statement of Qualifications (SOQ), potential or actual conflicts of interest as described below. Failure to submit the required information in the SOQ shall result in rejection of the SOQ for noncompliance with the Request for Qualifications (RFQ) requirements, or if later discovered

6 May 6, 2013 RFQ Number 51A0457 Page 6 of 6 during the term of the Contract, Caltrans may terminate the Contract for default per Exhibit III, Section D. 2. The Consultant and subconsultants may be proposed on SOQs for other State A&E On-Call contracts; however, the State Contract Manager may prohibit work on specific project(s) where there is a conflict of interest. 3. The existence of potential or actual conflicts of interest will be used as an evaluation criterion regarding team availability during the evaluation and selection process.

7 Page 1 of 25 SCOPE OF WORK/DELIVERABLES ADA Access Consultant Services for Caltrans ADA Infrastructure Program On-Call A. Purpose of Work Pursuant to the American with Disabilities Act (ADA) 2010 Lawsuit Settlement Agreement, Californians For Disability Rights, Inc. (CDR) v. California Department of Transportation Case No.C SBA (Scope of Work,(SOW) is limited to Exhibit 2, and consistent with State contracting requirements, the California Department of Transportation (Caltrans) is requesting a qualified consultant (ADA Access Consultant) to review on an as-needed basis Caltrans Program Access Improvements for compliance under Title II of the ADA. B. Location of Work The ADA Access Consultant work shall be performed on Caltrans' transportation system projects throughout California. The specific location of the ADA Access Consultant work to be performed will be stated in each Task Order. C. Required Services 1. The ADA Access Consultant shall conduct independent evaluations and assist Caltrans in evaluating the accessibility of Caltrans programs, services, activities and facilities under Title II of the ADA of Park and Ride facilities and Pedestrian facilities. The ADA Access Consultant shall be knowledgeable in current federal and State accessibility standards and shall have extensive experience in providing ADA consulting services related to roadway pedestrian facilities. The work to be performed under this contract shall comply with the Caltrans 2010 ADA Lawsuit Settlement Agreement (Settlement Agreement) Attached Exhibit 2 of the Settlement Agreement provides additional details on the services, which are to be performed in this contract. The services provided under this contract shall be performed throughout the State of California. 2. Pursuant to an authorized Task Order, the ADA Access Consultant shall provide ADA Access Consultant Services, and all necessary personnel, material, transportation, instrumentation, and the specialized facilities and equipment necessary, required to ensure compliance with all applicable laws, regulations, standards, specifications, performance standards and settlement agreements applicable to the Contractor's services and work product. The Consultant shall perform comprehensive professional and technical services required unless the Scope of Work as specified in the Task Order is expressly limited in scope.

8 Page 2 of 25 Caltrans intends to utilize this contract to work on projects utilizing the services detailed by the Scope of Work as specified in the Task Orders. 3. The proposed projects may vary in scope and size. The project location, limits, and scope of work to be performed will be described in each Task Orders. 4. The ADA Access Consultant will prepare the required deliverables, backup documents, other documents, and other items under this agreement according to the Caltrans requirements for the ADA Access Consultant Services work. 5. The ADA Access Consultant will be required to work with other Caltrans Functional Units as directed by the Caltrans Contract Manager. 6. The ADA Access Consultant shall work closely with the Caltrans Contract Manager and his/her designated representatives within Caltrans. 7. The ADA Access Consultant shall only provide incidental non-architectural and Engineering (A&E) services, such as meeting support, provided (a) such services are necessary for the completion of the A&E tasks and/or deliverables performed by the ADA Access Consultant described in executed Task Orders and covered by the work in this contract and (b) the rendering of the services if approved in advance by the Caltrans Contract Manager. These incidental services shall only be provided to support the ADA Access Consultant s personnel who are performing A&E services, tasks, and deliverables on this contract. The ADA Access Consultant will not be reimbursed for any non-a&e services provided to Caltrans unless provided in the fashion described herein and included in the executed Task Order. Services to train Caltrans staff shall not be provided by the ADA Access Consultant under this contract. 8. The ADA Access Consultant s proposals shall describe the overall approach to the work and specific techniques that will be used, including key elements and activities of the proposal. List key activities to be performed in the first 90 days and include a brief discussion for each activity. Discuss any issues or concerns as it relates to successful completion of the contract s objectives. 9. The ADA Access Consultant shall document and provide recommendations where improvements are needed in the requirements of the Settlement Agreement. 10. The ADA Access Consultant will conduct field evaluations of pedestrian facilities and park & ride facilities within Caltrans rights of way, as needed, to verify that Program Access Improvements, New Construction or Alterations, Capital Preventative Maintenance projects and/or the provision of accessible temporary routes, when provided through and around work zones, are in compliance with the provisions of the Settlement Agreement.

9 Page 3 of The ADA Access Consultant will review a random sample of grievances and Caltrans responses to these grievances, and analyze the response for compliance with Title II of the ADA. 12. Provide an annual report, in writing, documenting the analyses of Caltrans compliance with the terms of the Settlement Agreement and Caltrans Annual Report to the plaintiffs. The ADA Access Consultant s annual written report shall be delivered to the Contract Manager and to the plaintiff s attorneys [within sixty (60) working days of receipt of Caltrans Annual Report by the plaintiffs] in a manner consistent with the Settlement Agreement Section and Exhibit Provide ADA related technical consultation to Caltrans personnel or others at the request of the Contract Manager. 14. Access Consultant shall have guidelines in place that will assure the quality of all deliverables. All deliverables must be reviewed, edited and checked prior to submission to Contract Manager. D. Workplan Standards Guide Codes Task Orders are based on the Caltrans Workplan Standards Guide (WSG). The latest Workplan Standards Guide (WSG) is found in the Guide to Project Delivery Workplan Standards, which is available from the Caltrans Publication Unit and on the Internet at All revisions to the current version of the Work Breakdown Structure (WBS) shall apply during the life of this contract. The WBS activities represent the potential and related work activities that may be required of the ADA Access Consultant to be used for this Agreement include, but are not limited to, the following: WBS Code WBS Description a. WBS , , & Execution & Control of each project phase i. Status project. Communication and distribution of project records and information. Includes responses to all internal and external requests for information about the project. ii. Quality assurance / Quality control E. Schedule of Performance/Period of Performance This is a two (2) year contract. Task Orders will be issued and executed during the term of this contract. Task Orders shall be completed in the timeframe stated in the Task Order and prior to the expiration of the Contract.

10 Page 4 of 25 Caltrans and the ADA Access Consultant will develop and agree to a schedule for the services and deliverables to be completed and delivered, and, for acceptance criteria or acceptance tests that the services and deliverables must satisfy to be accepted. All deliverables must satisfy the Standards set forth in order to be accepted for payment. Services and deliverables identified in a Task Order will be completed and delivered as specified in the respective Task Orders. F. Personnel Requirements 1. The ADA Access Consultant shall, throughout the life of the Agreement, retain within the ADA Access Consultant s firm, or through the qualified Sub- Consultants, a staff of people qualified to perform all aspects of the required ADA Access Consultant Services work described in this Contract and all work specified in a Task Order. 2. The ADA Access Consultant s personnel shall be capable, competent, and experienced in performing the types of ADA Access Consultant Services work in this Agreement with minimal instructions. Personnel skill level should match the Task complexity. 3. The ADA Access Consultant is required to submit a written request and obtain the Caltrans Contract Manager s prior written approval for any substitutions, additions, or alterations to the ADA Access Consultant's originally proposed staff and project organization, as depicted on the proposed Consultant's Organization Chart or the ADA Access Consultant s cost proposal. Substituted staff is subject to the same qualification requirements as the staff replaced. 4. All work is to be completed under the direction of a California licensed professional civil engineer, architect or landscape architect. 5. ADA Access Consultant Contract Manager: The ADA Access Consultant s Contract Manager shall coordinate the ADA Access Consultant Services related matters and ADA Access Consultant s operations under this Agreement with the Caltrans Contract Manager. The ADA Access Consultant s Contract Manager shall have a minimum of five (5) year(s) of responsible experience performing the duties as a Contract Manager for similar ADA Access Consultant Services contracts. The ADA Access Consultant s Contract Manager will be an employee of the prime consultant. The ADA Access Consultant s Contract Manager shall have experience investigating infrastructure accessibility and developing or preparing ADA evaluations for a Title II public agency. The ADA Access Consultant s Contract

11 Page 5 of 25 Manager shall have experience working with the public right-of-way, and applying the following design and construction guidelines: 2010 Americans with Disabilities Accessibility Guidelines (ADAAG), newly proposed Public Right of Way Access Guidelines (PROWAG), California Building Code (CBC) Title 24, Caltrans Highway Design Manual, Caltrans Standard Plans, Caltrans Standard Specifications, Caltrans Design Information Bulletin (DIB) 82 and the California Manual on Uniform Traffic Control Devices (CA MUTCD). The ADA Consultant s Contract Manager shall be a Registered Civil Engineer, Architect, or Landscape Architect licensed in the State of California. In addition to other specified responsibilities, the ADA Access Consultant s Contract Manager shall be responsible for all matters related to the ADA Access Consultant's personnel, Sub-Consultants, ADA Access Consultant Services work, and ADA Access Consultant's operations, including, but not limited to, the following: a. Ensuring that deliverables are clearly defined, acceptance test and criteria are specific, measurable, attainable, realistic and time-bound; and that the deliverables satisfy the acceptance tests and criteria. b. Supervising, reviewing, monitoring, training, and directing the Consultant s personnel. c. Assigning qualified personnel to complete the required Task Order work as specified. d. Administering personnel actions. e. Maintaining project files. f. Developing, organizing, facilitating, and attending scheduled coordination meetings and preparation and distribution of meeting minutes. g. Implementing and maintaining quality control procedures to manage conflicts, insure product accuracy, and identify critical reviews and milestones. h. Overseeing that all safety measures are in place. i. Providing invoices in a timely manner and provide monthly contract expenditures. j. Reviewing invoices for accuracy and completion before billing to Caltrans. k. Manage Sub-Consultants. l. Manage overall budget and provide report to the Caltrans Contract Manager. 6. ADA Access Consultant Task Order Manager For each Task Order the ADA Access Consultant shall provide a Task Order Manager to coordinate the ADA Access Consultant's Task Order operations with the Caltrans Contract Manager and Caltrans Task Order Manager. The ADA Access Consultant s Task Order Manager shall have at least five (5) years experience investigating infrastructure accessibility and developing or preparing ADA evaluations for a Title II public agency. The ADA Access Consultant s Task Order Manager shall have a minimum of three (3) years

12 Page 6 of 25 experience working with the public right-of-way, and applying the following design and construction guidelines: 2010 Americans with Disabilities Accessibility Guidelines (ADAAG), newly proposed Public Right of Way Access Guidelines (PROWAG), California Building Code (CBC) Title 24, Caltrans Highway Design Manual, Caltrans Standard Plans, Caltrans Standard Specifications, Caltrans Design Information Bulletin (DIB) 82 and the California Manual on Uniform Traffic Control Devices (CA MUTCD). The ADA s Consultant s Task Order Manager shall be a Registered Civil Engineer, Architect, or Landscape Architect licensed in the State of California. 7. ADA Access Consultant Personnel and Team Member Qualifications a. The ADA Access Consultant Personnel shall be capable of assisting the ADA Access Consultant s Contract Manager in all aspects of the required work. The ADA Access Consultant team member professional qualifications will be specified in each Task Order b. The ADA Access Consultant Personnel shall is knowledgeable in the following design and construction guidelines: 2010 Americans with Disabilities Accessibility Guidelines (ADAAG), newly proposed Public Right of Way Access Guidelines (PROWAG), California Building Code (CBC) Title 24, Caltrans Highway Design Manual, Caltrans Standard Plans, Caltrans Standard Specifications, Caltrans Design Information Bulletin (DIB) 82 and the California Manual on Uniform Traffic Control Devices (CA MUTCD). 8. In responding to the Caltrans Task Order and in consultation with the Caltrans Contract Manager, the ADA Access Consultant s Contract Manager shall identify the specific individuals proposed for the task and their job assignments. The ADA Access Consultant shall provide documentation that proposed staff meet the appropriate minimum qualifications as specified. 9. The ADA Access Consultant s personnel shall typically be assigned to and remain on specific Caltrans projects until completion and acceptance of the project by Caltrans. Personnel assigned by the ADA Access Consultant shall be available at the start of a Task Order and after acceptance of the project by Caltrans. 10. After Caltrans approval of the ADA Access Consultant s staff proposal and finalization of a Task Order, the ADA Access Consultant may not add or substitute staff without Caltrans prior approval. 11. Resumes containing the qualifications and experience of the ADA Access Consultant s personnel, which include existing, additional, and substitute employees shall be submitted to the Caltrans Contract Manager for review before assignment on a project.

13 Page 7 of 25 The Caltrans Contract Manager may interview the ADA Access Consultant s personnel for the qualifications and experience. The Selection Panel s decision to select the Consultant s employees shall be binding to the Consultant and its Sub- Consultants. The Caltrans Contract Manager shall have the responsibility of determining the quality and quantity of work performed by the ADA Access Consultant s personnel, and determining whether the deliverables satisfy the acceptance tests and criteria. The Caltrans Contract Manager may reject any consultant staff determined by the Caltrans Contract Manager to lack the minimum qualifications. If at any time the level of performance is below expectations, the Caltrans Contract Manager may direct the consultant to immediately remove Consultant staff from the project specified in a Task Order and request another qualified person be assigned as needed. The substitute staff must meet the qualifications required by this agreement for performance of the work as demonstrated by a resume submitted by the ADA Access Consultant. Substitute personnel must receive prior approval from the Caltrans Contract Manager. The ADA Access Consultant shall not remove any staff without the written consent of the Caltrans Contract Manager. The removal of staff without the written approval from the Caltrans Contract Manager shall be violation of the Contract Agreement and result in termination of the Agreement. 12. When required by the Caltrans Contract Manager, the ADA Access Consultant s Contract Manager shall provide a substitute employee until an assigned employee returns to work from an approved leave. The substitute personnel shall have the same classification, not exceed the billing rate and meet or exceed the qualifications and experience level of the previously assigned personnel. Substitute personnel must receive prior approval from the Caltrans Contract Manager. 13. The ADA Access Consultant responsible person signing deliverables under this agreement requiring the signature of a ADA Access Consultant responsible person shall be currently employed by the Consultant or its Sub-Consultants at the time of deliverable submittal and through the Caltrans review and acceptance process. 14. All deliverables under this agreement not fully approved by Caltrans bearing the signature of the ADA Access Consultant responsible person no longer employed by the Consultant or its Sub-Consultants shall be replaced by another deliverables under this agreement bearing the signature of a qualified replacement ADA Access Consultant responsible person at no additional cost to Caltrans. In such an eventuality, no additional time shall be allowed to the Consultant without prior written approval of the Caltrans Contract Manager.

14 Page 8 of All of the Consultant s work shall be conducted under the direction of the Consultant s Contract Manager who shall have the appropriate experience as described in this Agreement. All deliverables under this agreement requiring the ADA Access Consultant responsible person signature shall be produced by the Consultant staff having appropriate experience and signed by a ADA Access Consultant responsible person. 16. Except for Sub-Consultant employees, all personnel utilized by the ADA Access Consultant to perform the services described in this Agreement shall be employed by the ADA Access Consultant. Subcontracting is permitted, subject to approval of the Caltrans Contract Manager and all Sub-Consultant employees shall be identified as such. 17. Other project staff not identified, also must satisfy appropriate minimum qualifications. Caltrans prior approval is required for all staff not identified on the ADA Access Consultant s organization chart or the ADA Access Consultant s cost proposal. 18. The ADA Access Consultant s timesheet/expenses shall be approved by the Caltrans Contract Manager before submitting timesheets or expense reimbursement requests for payment. G. ADA Access Consultant Availability and Work Hours 1. The ADA Access Consultant shall begin the required ADA Access Consultant Services work per the Task Order after receiving a fully executed Task Order and the issuance of the Notice to Proceed (NTP) from the Caltrans Contract Manager. Once the work begins, the work shall be prosecuted/performed diligently until all required work has been completed to the satisfaction of the Caltrans Contract Manager. 2. ADA Access Consultant Services work shall not be performed when conditions prevent a safe and efficient operation. 3. The ADA Access Consultant s Contract Manager, Task Order Manager, and Key Personnel shall be accessible to the Caltrans Contract Manager at all times during normal Caltrans working hours. 4. The typical workday includes all hours worked identified in the Task Order and also as directed by the Caltrans Contract Manager. Unless otherwise specified in the Task Order or directed by the Caltrans Contract Manager, the normal workweek will consist of forty (40) hours. 5. The Caltrans Contract Manager, may direct the Consultant s employees to work overtime. All overtime shall be pre-approved by the Caltrans Contract Manager.

15 Page 9 of 25 Overtime shall be worked only when directed in writing by the Caltrans Contract Manager and specifically required by the Task Order. 6. The Contractor shall not receive payment for work performed prior to written approval of the contract and before receipt of written notice to proceed by the Contract Manager. 7. Generally, the ADA Access Consultant shall provide services during normal working hours, Monday through Friday, except holidays. Occasionally, field work may have to be performed beyond normal work hours. H. General Requirements 1. The ADA Access Consultant shall carry out instructions as received from the Caltrans Contract Manager, and shall cooperate with Caltrans, other involved agencies, other consultants, other contractors, and others, working on the same projects or adjacent projects in this contract and on each Task Order. 2. It is not the intent of the foregoing paragraph to relieve the Consultant of professional responsibility during the performance of this Agreement. In those instances for which the Consultant believes a better standard solution to a task being performed or a problem/issue being addressed is possible, the Consultant shall promptly notify the Caltrans Contract Manager of these concerns, together with the reasons therefore. However, Caltrans will make all final decisions on the scope of the Consultant s activities and investigations. 3. At Caltrans direction, the ADA Access Consultant is required to coordinate activities and work closely with multiple stakeholders including but not limited to, Caltrans planning, planners, engineers, engineering, project managers, and firms contracted by Caltrans. ADA Access Consultant Services work is a critical element of project planning and construction schedules and must be accomplished in a timely fashion. 4. Review and evaluate Caltrans Program Access Improvement projects for compliance under Title II of the ADA with the provisions of the Settlement Agreement. 5. Consult with the Caltrans ADA Infrastructure Program staff, including the Caltrans Contract Manager and author of Caltrans Annual Report, to obtain any information concerning compliance with the terms of the Settlement Agreement. I. Equipment Requirements 1. Office Equipment and Supplies (Consultant s Office):

16 Page 10 of 25 The ADA Access Consultant shall have and provide adequate office equipment and supplies to complete the required ADA Access Consultant Services work specified in this Agreement. Such equipment and supplies shall include, but not be limited to, the following: a. Office Supplies b. Computers with appropriate software, printers, plotters, fax machines, and calculators. c. Data processing systems, reference materials, or other tools, including hardware and software, used in providing deliverables. This includes, but are not limited to: i. Microsoft Office Software (i.e. Word, Excel, PowerPoint, etc.) ii. Project Management/Scheduling (Open Workbench from CA Clarity)/Risk Software d. Reference material, or other tools, used in providing deliverables e. Laptop per Caltrans specifications f. Cell Phone g. Printing reports h. Caltrans will not purchase any hardware, software, or other equipment (including but not limited to batteries, paper, and office supplies) that may be required for the ADA Access Consultant to perform work requested in this contract. The Contract Manager must approve any ADA Access Consultant s request for electronic connections and compatibility with current Caltrans Windows-based networks and programs in writing prior to the use and/or installation of any electronic hardware and/or software. 2. Field Equipment and Supplies: The ADA Access Consultant shall have and provide adequate field tools, instruments, equipment, materials, supplies, and safety equipment to complete the required ADA Access Consultant Services field work. The tools, instruments, equipment, materials, supplies, and safety equipment for each ADA Access Consultant Services field staff shall include, but not be limited to, the following: a. Sufficient vehicles suitable for the work to be performed and terrain conditions of the project sites. Vehicles shall be fully equipped with all necessary tools, instruments, equipment, materials, supplies, and safety equipment required for the efficient operation of a ADA Access Consultant Services field staff. Each vehicle shall have an overhead flashing amber light, visible from the rear, with a driver control switch. Vehicles without side windows shall not be used. All vehicles will be clearly marked as to ownership. Each vehicle shall be equipped to meet Caltrans safety requirements. b. A laptop computer with appropriate software. c. Communication device; Mobile telephone, cellphone d. Hand tools as appropriate for the requested field staff work.

17 Page 11 of 25 e. Provide all necessary safety equipment including hardhats, hard-soled boots, eye protection, and an approved vest as appropriate for the requested ADA Access Consultant Services fieldwork to be performed safely and efficiently within operating highway. 3. The Consultant shall provide all necessary tools, instruments, equipment, materials, supplies, and safety equipment required to perform the work identified in each Task Order and this Agreement accurately, efficiently, and safely. The Consultant shall not be reimbursed separately for tools of the trade. J. ADA Access Consultant Reports and/or Meetings 1. The ADA Access Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the Caltrans Contract Manager to determine if the Consultant is performing to expectations and is on schedule, to provide communication of interim findings, and to afford occasions for airing difficulties or special problems encountered so remedies can be developed. Separate detail shall be provided for each on-going Task Order. The Caltrans Contract Manager may direct the ADA Access Consultant to revise the content and format of the reports. 2. Progress reports shall identify the total number of hours worked and the related costs and expenses by the ADA Access Consultant s and ADA Access Sub- Consultants personnel by use of the Caltrans WBS level element(s): Progress reports will set forth a schedule of milestones (including tollgate milestones), the current status of progress toward each milestone (i.e. on schedule, out of schedule with correction in place, or out of schedule with no current correction), and a schedule of deliverables. 3. When applicable, progress reports shall indicate an estimated percentage of work completed and a corresponding estimate of budget spent for work deliverables. The estimate of work completion and budget spent shall be for the same time period. The progress reports shall include actual DBE or DVBE participation on a monthly and cumulative basis. 4. Monthly Progress Reports shall cover the same period of performance as the monthly invoices. 5. The ADA Access Consultant must be prepared to meet periodically in Sacramento, California, to discuss contract progress in all areas with the Contract Manager, Caltrans ADA Infrastructure Program Chief and/or other Caltrans personnel.

18 Page 12 of The ADA Access Consultant s Contract Manager shall be responsible for drafting of the minutes of the meetings and submit them to the Caltrans' Contract Manager within one (1) week of the meeting for review and comment. The Consultant s Contract Manager shall distribute final version of meeting minutes within two (2) calendar days of final approval. K. Standards 1. The ADA Access Consultant is responsible for obtaining all necessary manuals, reference documents and other materials. 2. All work shall be performed in accordance with the Caltrans 2010 ADA Lawsuit Settlement Agreement (Settlement Agreement) and the terms and conditions of this Agreement. Attached Exhibit 2 of the Settlement Agreement provides additional details on the scope of work. Work not covered by the Manuals shall be performed as specified in the Task Order. a. The ADA Access Consultant is responsible for obtaining, at its expense, all manuals, reference documents, and other materials. b. All work shall comply with the requirements of current Caltrans Manuals and their current revisions. The Publications staff can be reached at (916) , and the center is located at the following address: State of California California Department of Transportation Publication Distribution Unit 1900 Royal Oaks Drive Sacramento, CA c. Manuals and documents that are not available from the Caltrans Publication Distribution Center or are not available from the Caltrans Internet web site may be requested from the Caltrans Contract Manager. Caltrans does not guarantee the availability of publications nor its Internet web pages. i. ii. d. The Caltrans manuals, guidelines, and standards are dynamic documents. The Consultant is responsible to verify that the latest version or update is used. 3. The ADA Access Consultant has total responsibility for and shall verify the accuracy and completeness of the deliverables, backup documents, other documents, and other items under this agreement prepared by the Consultant or its Sub-Consultants for the projects as specified in this Agreement and in each Task Order. All deliverables, backup documents, other documents, and other items under this agreement shall be reviewed by Caltrans for conformity with Project standards and the requirements in the Task Order. Reviews by Caltrans do NOT

19 Page 13 of 25 include detailed review or checking of major components, quantitative calculations, related details or accuracy of information. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. 4. The ADA Access Consultant or its Sub-Consultants shall not incorporate any materials or equipment of a single or sole source origin without the advance written approval of Caltrans. 5. The Caltrans Contract Manager shall address all questions which may arise as to the quality or acceptability of deliverables furnished and work performed for this Agreement. 6. The minimum standard of work quality shall be that of similar ADA Access Consultant Services work performed by Caltrans as detailed in the Caltrans Manuals. 7. Prior to ADA Access Consultant Services work, the Consultant shall prepare and obtain approval from the Caltrans Contract Manager a quality control plan, for how the minimum standard of work quality will be achieved, in effect during the entire time the work is being performed under the Agreement. The Consultant will complete the quality control plan and certify at the end that the all measures contained therein were completed. Caltrans will perform quality assurance on the quality control plan to assure that quality control was completed. The ADA Access Consultant s quality control plan shall establish a process whereby: a. All deliverables are reviewed for accuracy, completeness, and readability before submittal to Caltrans. b. Calculations and plans are independently checked, corrected and rechecked. c. All job-related correspondence and memoranda are routed and received by affected persons and then filed in the appropriate Task Order file. d. Field activities are routinely verified for accuracy and completeness, such that any discovered deficiencies do not become systemic or affect the result of a Task Order deliverable. The ADA Access Consultant shall provide an outline of the quality control program before specific task begins and shall identify critical quality control reviews within each Task Order. The Caltrans' Contract Manager will periodically request evidence that the quality control/quality assurance plan is functioning. All deliverables, backup documents, other documents, and other items under this agreement submitted to the Caltrans Contract Manager for review shall be marked clearly as being fully checked or unchecked, and that the preparation of the material followed the quality control plan established for the work. The Quality Control/Quality Assurance (QC/QA) plan shall contain

20 Page 14 of 25 provisions for the development of appropriate "checklists" to maintain product quality and control. These "checklists" shall be delivered to the Caltrans' Contract Manager with the QC/QA plan. The ADA Access Consultant shall update these documents when directed by the Caltrans Contract Manager. Within thirty (30) days of the Notice to Proceed (NTP), the ADA Access Consultant shall submit to the Caltrans' Contract Manager a job specific QC/QA plan and staffing plan. 8. The deliverables, backup documents, other documents, and other items under this agreement shall be of a quality acceptable to the Caltrans Contract Manager. The criteria for acceptance shall be that the deliverables satisfy the mutually agreed acceptance criteria and tests, and that the work product be of neat appearance, well organized, technically and grammatically correct, independently checked for error, checked by designated reviews (Caltrans and Consultant Personnel), having the preparer and the designed reviewer identified, conformity to Caltrans, and approved by the Caltrans Contract Manager. The minimum standard of appearance, organization, and content of deliverables, backup documents, other documents, and other items under this agreement, shall be that of similar types produced by Caltrans and set forth in related Caltrans manuals. 9. All work shall be performed in accordance with current Project Management Handbook and Project Management Directives. Work not covered by the Caltrans published standards shall be performed in accordance with the generally accepted principles of project management, as described in "A Guide to the Project Management Body of Knowledge" published by the Project Management Institute at the following website L. Field Safety In addition to the requirements specified elsewhere in this Agreement, the following also shall apply: 1. The ADA Access Consultant shall maintain an awareness of health and safety requirements and enforce applicable regulations and contract provisions for the protection of the project personnel and the public. The Consultant s ADA Access Consultant Services personnel shall comply with all safety provisions of the Caltrans Safety Manual(s). The Consultant shall comply with Occupational Safety and Health Administration (OSHA) regulations, applicable to the Consultant, regarding safety equipment and procedures. 2. Field work shall not be performed when conditions prevent a safe, efficient operation and shall only be performed with written authorization by Caltrans.

21 Page 15 of The ADA Access Consultant shall provide, at no cost to Caltrans, all safety equipment. The Consultant s ADA Access Consultant Services personnel shall wear safety footwear, white hard hats, eye protection, and approved safety vests at all times while working in the field. 4. The ADA Access Consultant shall provide, at no cost to Caltrans, appropriate safety training for all the Consultant s and Sub-Consultants field personnel, including training required for performing ADA Access Consultant Services work on and near highways. 5. The ADA Access Consultant shall be solely responsible for the health and safety protection of its employees, Sub-Consultants, and Sub-Consultants' employees in performance of this contract. 6. Pursuant to the authority contained in Section 591 of the Vehicle Code, Caltrans has determined that within areas that are open to public traffic, the Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. 7. Provide a safety plan for field reviews to the Contract Manager prior to the first field review. The safety plan can be modified, if necessary, during the term of the contract. M. Manuals, Documents, and Websites The following manuals, documents and links to internet sites are referenced in association with the ADA Access Consultant Services work in this Agreement. The list is not all-inclusive, but is intended to illustrate the types of reference material and sources of information. 1. Caltrans Internet Home Webpage 2. Caltrans Design Information Bulletin (DIB) California Manual on Uniform Traffic Control Devices (CA MUTCD). 4. Standard Plans and Standard Specifications Specification and Estimate Procedures Manual of Uniform Traffic Control Devices (MUTCD) California Manual on Uniform Traffic Control Devices 6. Caltrans Traffic Manual and MUTCD 2003 Supplement

22 Page 16 of 25 N. Orientation Provided by Caltrans Caltrans may provide orientation regarding Contract and Task Order requirements for each Task Order as deemed necessary by Caltrans. The orientation may consist of instructions on Caltrans procedures, practices, and requirements for the specific ADA Access Consultant Services work to be performed. The Consultant shall perform the ADA Access Consultant Services work in conformance with the orientation instructions, in addition to the Contract requirements specified herein and in the executed Task Order. O. Monitoring and Review Procedure 1. The Caltrans Contract Manager shall have the right to monitor and review the progress and processes of the Consultant. 2. The ADA Access Consultant shall meet with the Caltrans Contract Manager a minimum of once per month or as needed to review procedures and progress. 3. The performance of the ADA Access Consultant s Contract Manager, key personnel, and team shall be evaluated by the Caltrans Contract Manager, as needed, annually, and at the end of the contract. Unsatisfactory reviews may result in the request to replace the existing consultant personnel with new personnel. Evaluation includes but is not limited to the following: 1. Job performance. 2. Quality of Work. 3. Timely submittal of reports, invoices and diaries, and other required documents. 4. Early detection of problems and timely resolutions. 5. Requesting timely approval for personnel changes and travel expenditure. 6. Responsiveness and Ability to control costs. 7. DBE or DVBE Participation. Poor performance and any negative evaluations will result in replacement of the ADA Access Consultant s Contract Manager and/or key personnel, and will be reflected adversely on the Consultant s performance evaluation P. Materials to be Provided by Caltrans Caltrans may provide the ADA Access Consultant available background materials related to the Task Order. The Consultant shall use the material in the execution of the specific work described in the Task Order. Materials (if applicable) that might be furnished by Caltrans will be listed in the individual Task Orders and may include: 1. Existing documents, if any, that are applicable to the current project within the project limits.

23 Page 17 of Appropriate background or reference information for each Task Order. 3. Project special provisions, full-size and reduced-size sets of project plans, materials information handout, and contract and proposal, as necessary. 4. Caltrans standardized forms 5. The ADA Access Consultant shall notify Caltrans, in writing, in advance of its need to enter upon private property or facility to perform work. The ADA Access Consultant s notice shall specify the date, purpose, duration, location, and the time of day of the Consultant s activities. Caltrans will provide Permits to Enter for private property access. The ADA Access Consultant is responsible for notifying the property owner 48 hours in advance of entering the property, unless otherwise specified in the Permit. The ADA Access Consultant shall notify the Caltrans Contract Manager within 48 hours if permission has been denied. The ADA Access Consultant shall carry the Permits to Enter on their person while performing work outside the Caltrans Right-of-Way. No work shall be performed by the ADA Access Consultant outside the Caltrans Right-of-Way without Permits to Enter. The Consultant shall comply with all conditions imposed by the Caltrans Contract Manager and requirements set forth in the Permit to Enter. The Consultant shall identify all necessary approvals and permits, prepare signature-ready permit applications, and track the status of permit applications, as specified in each Task Order. Note: The ADA Access Consultant is responsible for the return to Caltrans, in original condition, of all items provided for use under this agreement from Caltrans. The Consultant will replace, at said ADA Access Consultant s own expense, all lost or damaged Caltrans data or materials. Q. Materials to be Provided by the ADA Access Consultant Unless otherwise specified herein or in the Task Order, the Consultant shall provide all materials to complete the required ADA Access Consultant Services work in accordance with the delivery schedule and cost estimate outlined in each Task Order. R. Product Approval and Payment 1. All ADA Access Consultant Services deliverables, backup documents, other documents, and other items under this agreement produced by the Consultant, as specified by the Task Order, shall be subject to the approval and acceptance by the Caltrans Contract Manager prior to invoicing and payment for these items. 2. In the event of non-acceptance. the Consultant shall make corrections to the satisfaction of the Caltrans Contract Manager at no cost to Caltrans prior to