14-049 MIG, Inc. consultant services for Cupertino ADA Self-Evaluation and transportation plan update OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE: (408),777-3223•FAX: (408)777-3366
WEBSITE:WWW.CUI)E!rtino.org
CUPERTINO
April 3, 2014
MIG, Inc.
800 Hearst Avenue
Berkley, CA 94710
Re: Agreement for consultant services
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND MIG, Inc. FOR
ONSULTANT SERVICES FOR CUP'ERTINO ADA SELF-EVALUATION
AND TRANSITION PLAN UPDATE � V�
THIS AGREEMENT, for reference dated A In 9'Gt--, : Ct 2014, is by
and between CITY OF CUPERTINO, a municipal corporation (hereinafter
referred to as "City"), and MIG, Inc., a California corporation, whose address is
800 Hearst Avenue, Berkeley, CA, 94710, (510) 845-7549 (hereinafter referred to
as "Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing
Linder the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California and the Cupertino Municipal Code. .
B. Consultant is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement
on the terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for the
update of the City of Cupertino ADA Self-Evaluation and Transition Plan
upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. TERM:
The term of this Agreement shall commence on the date this agreement is
executed and shall terminate on June 30, 2015, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED::
Consultant shall perform each and every service set forth in Exhibit "A".
titled "Scope of Services" which is attached hereto and incorporated herein by
this reference.
MIG,Inc. Agreement
3. SCHEDULE OF PERFOMRANCE:
The Services of Consultant are to be completed according to the schedule
set out in Exhibit B, titled "Schedule of Performance ", which is attached hereto
and incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this
agreement shall not exceed Eighty-Five Thousand Nike-Hundred Five Dollars
($85,905). The rate of payment is set out in Exhibit C, titled "Compensation",
which is attached hereto and incorporated herein.
Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit
monthly invoices for interim progress payments during the course of each phase,
clearly stating as a minimum the total Contract amount, amount paid to date,
percent complete and amount due.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified
and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by
this Agreement is that of employer-independent contractor. The manner and
means of conducting the work are under the control of Consultant, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment will be acquired
by virtue of Consultant's services. None of the benefits provided by City to its
employees, including but not limited to, unemployment insurance, workers'
compensation plans, vacation and sick leave are available from City to
Consultant, its employees or agents. Deductions shall not be made for any state
or federal taxes, FICA payments, PERS payments, or other purposes normally
associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
M1G,Inc.Agreement
Consultant.
�1
8. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity
and employment authorization of ill of his/her employees performing work
hereunder., pursuant to all applicable IRCA or other federal, or state rules and
regulations. Consultant shall indeinnify and hold City harmless from and
against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by'Consultant.
9. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
i,
discrimination directed toward.a job applicant, a City employee, or a citizen by
Consultant or Consultant's employe or subcontractor on the basis of race,
religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be'tolerated.
Consultant agrees that any and all violalJons of this provision shall constitute a
material breach of this Agreement.
10. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all
purposes under this Agreement. David Stillman is hereby designated as the
Director of Public Works' designee and Project Manager, and shall supervise the
progress and execution of this Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project
Manager to have overall responsibility for the progress and execution of this
Agreement for Consultant. Should circumstances or conditions subsequent to
the execution of the Agreement require a substitute Consultant Project Manager
for any reason, the Consultant Project 10anager designee shall be subject to the
prior written acceptance and approval of the City Project Manager. The
designated Consultant Project Manager shall be Tim Gilbert.
11. HOLD HARMLESS:
Indemnification:
A. Claims for Professional Liabil=ity. Where the law establishes a standard
of care for Consultant's professional services, and to the extent the
Consultant breaches or fails to meet such established standard of care, or
is alleged to have breached or failed to meet such standard of care,
M1G,Inc. Agreement
Consultant shall, to the fullest extent allowed by law, with respect to all
services performed in connection with the Agreement, indemnify, defend,
and hold harmless the City and its officers, officials, agents, employees
and volunteers from and against any and all liability, claims, actions,
causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other
liability of any nature, that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Consultant or
Consultant's employees, officers, officials, agents or independent
contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation. Consultant shall not be obligated under this Ag-reement to
indemnify City to the extent ttiat the damage is caused by the sole
negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with
the Agreement indemnify, defend, and hold harmless the City and its
officers, officials, agents, employees and volunteers from and against any
and all liability, claims, actions, causes of action or demands whatsoever
against any of them, including any injury to or death of any person or
damage to property or other liability of any nature, that arise out of,
pertain to, or relate to the performance of this Agreement by Consultant
or Consultant's employees, officers, officials, agents or independent
contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation.
12. INSURANCE:
On or before the commencement of the term of this Agreement,
Consultant shall furnish City with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance coverage
in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do
not limit Consultant's indemnification, shall also contain substantially the
following statement: "Should any of the above insurance covered by this
certificate be canceled or coverage reduced before the expiration date thereof, the
insurer affording coverage shall provide thirty (30) days' advance written notice
to the City of Cupertino by certified mail, Attention: City Manager." It is agreed
that Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of visurance required by this Agreement
with an insurance company that is acceptable to City and licensed to do
MIG,Inc. /agreement
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial genera-1 liability coverage in the following
minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate
limits in the amounts of$1,000,000 will be considered
equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the
following minimun i limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $1.00,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for
the professional acts, errors and omissions of Consultant in
the amount of at least $1,000,000.
B. SUBROGATION WAIVED::
Consultant agrees that in the event of loss due to any of the perils for
which he/she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his/her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or
City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
MIG,Inc.Agreement
If Consultant at any time during the term hereof should fail to secure oi-
1 the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is
received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance
coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to
which such additional insured would be entitled under this policy if not named
as such additional insured. An additiona.1 insured named herein shall not be
held liable for any premium, deductible portion of any loss, or expense of any
nature on this policy or any extension thereof. Any other insurance held by an
additional insured shall not be required to contribute anything toward any loss
or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being
sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
13. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to
perform the services required by this Agreement. Consultant may be required to
.fill out a conflict of interest form if the se:rvices provided under this Agreement
require Consultant to make certain governmental decisions or serve in a staff
capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this
Agreement, or any interest therein, directly or indirectly,by operation of law or
otherwise, without prior written consent: of City. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee, hypothecate or
transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer. However, claims for money by
Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner
MIG,Inc,Agreement
or joint venturer or syndicate member or cotenant, if Consultant is a partnership
or joint venture or syndicate or cotenancy, which shall result in changing the
control of Consultant, shall be construed as an assignment of this Agreement.
Control means fifty percent (50%) or more of the voting power of the
corporation.
15. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names are included in this Agreement shall be used in the
performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors
shall be required to furnish proof of workers' compensation insurance and shall
also be required to carry general, automobile and professional liability insurance
in reasonable conformity to the insurance carried by Consultant. hz addition,
any work or services subcontracted hereunder shall be subject to each provision
of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, certificates and licenses
including, but not limited to, a City Business License, that may be required in
connection with the performance of services hereunder.
17. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared
or caused to be prepared by Consultant pursuant to or in connection with this
Agreement, shall be the exclusive property of City. Consultant shall not
copyright any Report required by this Agreement and shall execute appropriate
documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report, information and data acquired or required by this
Agreement shall become the property of'City, and all publication rights are
reserved to City. Consultant may retain a copy of any report furnished to the
City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in
execution or implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may
require, furnish reports concerning the status of services required Linder this
MIG,Inc.Agreement
Agreement.
D. All Reports required to he provided by this Agreement shall be
printed on recycled paper. All Reports shall be copied on both sides of the paper
except for one original, which shall be single sided.
E. No Report, information or other data given to or prepared or
assembled by Consultant pursuant to this Agreement shall be made available to
any individual or organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall
constitute the Project deliverables. Plans to be in CAD and PDF formats, and
other documents to be in Microsoft Word and PDF formats. City holds
Consultant harmless for any modifications to the documents.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that
relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. Consultant shall provide free
access to such books and records to the representatives of City or its designees at
all proper times, and gives City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such
.records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the
City's supplemental examination or audit of the records discloses a failure to
adhere to appropriate internal financial controls, or other breach of contract or
failure to act in good faith, then Consultant shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or
audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States Mail, postage prepaid, registered or certified;
addressed as hereinafter
provided.
MIG,Inc.Agreement
All notices, demands, requests, ur approvals from Consultant to City shall
be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 9501.4
Attention: David Stillman
All notices, demands; requests, or approvals from City to Consultant shall
be addressed to Consultant at:
Tim Gilbert
MIG, Inc.
800 Hearst Avenue
Berkeley, CA 94710
20. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be
deemed in default in the performance of this Agreement. If such default is not
cured within the time specified after receipt by Consultant from City of written
notice of default, specifying the nature of such default and the steps necessary to
cure such default, City may terminate the Agreement forthwith by giving to the
Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
h1 the event of termination, Consultant shall deliver to City, copies of all
reports, documents, and other work performed by Consultant under this
Agreement.
21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances,
rules and regulations enacted or issued by City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of
the State of California excepting any choice of law rules which may direct the
application of laws of another jurisdiction. The Agreement and obligations of the
parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those
MIG,Inc.Agreement
authorities.)
Any suits brought pursuant to this Agreement shall be filed with the
courts of the County of Santa Clara, State of California.
23. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any
kind pertaining to the services performed under this Agreement unless prior
written approval has been secured from City to do otherwise.
24. WAIVER:
A waiver by City of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein, whether of
the same or a different character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both City and Consultant.
25. GIFTS:
A. Consultant is familiar with City's prohibition against the acceptance of
any gift by a City officer or designated employee, which prohibition is found in
City Administrative Procedures.
B. Consultant agrees not to offer any City officer or designated employee any
gift prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach
of this Agreement by Consultant. In addition to any other remedies, City may
have in law or equity, City may terminate this Agreement for such breach as
provided in Section 19 of this Agreement..
26. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the
Agreement shall be deemed to be enacted herein, and the Agreement shall be
read and enforced as though each were included herein. If through mistake or
otherwise, any such provision is not inserted or is not correctly inserted, the
MIG, Inc. Agreement
Agreement shall be amended to make such insertion on application by either
party.
27. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of
the Agreement and in no way affect, limit or amplify the terms or provisions of
this Agreement.
MIG, Inc.Agreement
P.O. Np. em �?/
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
MIG, Inc.
By By -�-
Timm Borden, Director of Public Works
Name C-4—
Da te-3 0
Title 54rar-A Val
Date lq
Tax I.D. No.: !2!g3116°J 98
APPROVED AS TO FORM:
Address: �� HC&Z I 7�
r CA 9 710 �� U
Carol Korade, City Attorney
ATTEST:
Grace Schmidt, City Clerkq-3—�y
Contract Amount: $85, 905
Account No. : 270-9462-9300 ($50,000)
110-8101-7014 ($35,905)
MIG,Inc.Agreement
XHIBI'T. 4
U . -
Cupertino ADA Self-Evaluation and Transition Plan Update
SCOPE OF SERVICES
Task 1: Conduct a Project Initiation Meeting
Following the execution of a contract, MIG will meet with City staff to refine the:proposed
tasks and schedule. MIG will work with City staff to identify and obtain all necessary
documents and materials to support the self-evaluation process and facility survey. The final
report format and content will be reviewed and confirmed.
Task 2: ADA Self-Evaluation—Progranunatic.Review and Recommentlatiohs
MIG will review policy documents to identify issues that should be addressed to ensure that
programs, activities and services are non-discriminatory to people with disabilities. Policy
documents will include department and facility rifles and regulations, administrative.
bulletins, the municipal code, and other written City policy documents.
Task 2.1: Orienlation. Workshop
MIG will meet with staff representing major program areas and orient them to the process
that will be used to update and evaluate policies and programs. MIG recommends an ADA
liaison be established for each City department to serve as a point person during the Self-
Evaluation and Transition Plan process. MIG also recommends that the ADA liaison actively
participate in the implementation of the ADA Self-Evaluation and Transition Plan.
Task 2.2: Program Staff Survey
MIG will evaluate the current level of program accessibility within each department by
administering an online program survey questionnaire to City staff. The survey will assist in
evaluating current City status regarding ADA requirements including eligibility
requirements, participation requirements, facilities used, staff training,transportation,
communications, notifications, public meetings,the use of contracted services, purchasing,
maintenance of accessible features, and emergency procedures.The survey will be
distributed electronically.
Task 2.3: Program Analysis
MIG will review and analyze the program information collected from the online
questionnaire and materials provided by City staff to evaluate the current level of program
accessibility.
Task 2.5:Pr-epare.the Draft Setf-Evaluation
Based on the survey findings and staff interaction, MIG will prepare a draft ADA Self-
Evaluation for the City. The report will include analysis and.recommendations for program
modifications that affect eligibility requirements, participation requirements, facilities used,
staff training, transportation, communications, notifications, public meetings, the use of
contracted services, purchasing, maintenance of accessible features, and emergency
procedures. The report will also address those programs, activities and services that are
unique to each department.The plan will include:
■ Review of Policies: A review of the municipal code and other policy documents. A
summary of recommendations will be provided.
Page 1
Cupertino ADA Self.-Evaluation and Transition Plan Update
• Evaluation of Programs,Activities, rind Sef•vices: An evaluation of the current level
of accessibility of programs and recommendations for improvement, both City-wide
and.department-specific,will be provided.
• Self Evaluation.Toolkit:The toolkit will include a resource guide of local disability
organizations and other reference materials. A checklist for ongoing self-evaluation
of departmental programs activities and services will also be provided. This toolkit
can be used on a regular basis to self-assess the readiness of City staff to make
program modifications for individuals with disabilities.
Task 2.6.- Prepare the Final Self-Evalualion
Following review by the City, MIG will edit the draft plan and prepare the final plan for
inclusion in the Final ADA Self-Evaluation and Transition Plan.
Task 3:ADA Transition Plan- Facility Surveys and Prioritization
M.IG will produce an ADA Transition plan based upon detailed evaluations of City facilities
and the prioritization of barrier removals by City staff and stakeholders.
Task 3.1:Prepare Building, Parking Lot and Park Diagrams
MIG will produce diagrammatic plans (8-1/2"x 11") using plans provided by the City for the
exterior environments and building floor plans of all facilities to be included in the facility
compliance assessment.The diagrams will be used to indicate the location of architectural
barriers in the facility report. The City will provide any existing blueprints, CAD files, site
plans, emergency evacuation diagrams, or other graphics or information that portray City
facilities.
Task 3.2: Conduct San°veys
MIG will survey all portions of exterior and interior features used by the public of the sites
and facilities identified in this proposal. The survey will identify physical barriers in each
facility that limit accessibility and compare each facility to the California Title 24 Building
Code Chapter 11 B, and the 2010 Federal ADA Standards for Accessible Design.
The survey will be accomplished using a team of experienced MIG surveyors equipped with
measuring devices, facility diagrams, and survey forms. Diagrammatic sketches of each site
and building plan will be annotated during the survey process and will be included in the
final report. The completed diagrams will indicate the location of architectural barriers,
numbered to correspond to the completed survey checklist forms, and the facility report table
of barriers. These annotated diagrams will assist in prioritizing barriers for removal. The
diagrams will provide a visual reference for evaluating the physical and programmatic
barriers posed by each architectural barrier.
For the survey instrument, MIG will use MIG's Accessibility Checklist. This survey
instrument was developed by MIG and has been used by hundreds of cities and agencies
across the country.
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Cupertino ADA Self-Evaluation and Transition Plan Update
City Facilities List
Building Name Address
City Hall 10300 Torre Ave
Library 10800 Torre Ave
Service Center 10555 Mary Avenue
Quinlan Center 10185 N. Stelling Rd
Senior Center 21251 Stevens Creek Blvd.
McClellan Ranch 22221 McClellan Rd
Monta Vista 22601 Voss Ave.
Wilson 19784 Wintergreen Ave.
Portal 19810 N Portal Rd.
Sport Center 211,11 Stevens Creek Blvd
Creekside 10455 Miller Ave.
Community Hall 10350 Torre Avenue
BBF Retreat 21975 San Fernando Ave.
BBF Out Buildings 21975 San Fernando Ave.
BBF Golf Course 21975 San Fernando Ave.
Blue Pheasant
Restaurant 22100 Stevens Creek Blvd
Park name Address
Blackberry Farms 21975 San Fernando Ave.
Canyon Oaks Park 21140-21150 Canyon Oak Way
Creekside Park 10455 Miller Ave.
Franco Park 10981 Franco Ct
Hoover Park Leeds Ave. & Donegal Ave.
Jo.11 man Park Dumas Dr. @ Joll man Rd.
Linda Vista Park Linda Vista Dr.
McClellan Ranch 22221 McClellan Rd.
Memorial Park 21121 Stevens Creek Blvd.
Monta Vista Park 22601 Voss AVE
Oak Valley Park 23625-23645 Oak Valley Rd.
Portal Park 19810 N Portal Rd.
Somerset Park 10710 Stokes Ave.
Sterling/Barnhart 10486 Sterling Eilvd.
Three Oaks Park Candlelight Wa _near Rainbow
Varian Park Ainsworth Dr.
Wilson Park 19784 Wintergreen Ave.
Page 3
Cupertino ADA Self-Evaluation and Transition Plan Update
The elements and their related features addressed in the facility survey will include:
Building and Site Features:
■ Auditorium
■ Bathing Facilities
■ Building Levels and Lifts
■ Corridors/Aisles
■ Curb Ramps
■ Curb Ramps
■ Doors and Gates
■ Drinking Fountains
■ Eating Areas/Vending
■ Elevators
■ Hazards(overhanging and protruding objects)
■ Hazards(overhanging and protruding objects)
■ Kitchens/Kitchenettes
■ Libraries
■ Locker Rooms
■ Multiple User Restrooms
■ Parking Spaces/Access Aisles
■ Passenger Loading Zones
■ Path of Travel
■ Path of Travel
■ Ramps
■ Ramps
■ Rooms
■ Signs
■ Signs
■ Single User Restrooms
■ Stairs
■ Stairs
■ Telephones
■ Toilet Rooms
■ Transaction Counters
■ Turnstiles
Park and Recreation Features:
■ Fixed Benches
■ Game and Sports Areas
■ Grandstands/Bleachers
■ Outdoor Recreation Access Routes
■ Outdoor Rinsing Showers
■ Picnic Areas
■ Play Equipment Areas
■
Site Furnishings
■ Storage Facilities for Mobility Devices
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Cupertino ADA Self-Evaluation and Transition Plan Update
■ Swimming Pools/Wading Pools/Spas
■ Utilities in Recreation Areas
Task 3.3: Develop Facility Reports
MIG will produce a facility report for each site and building, detailing each item found to be
in non-compliance with State and Federal access regulations. MIG will provide the City with
a custom spreadsheet report containing all of the collected data and prioritization results. This
reporting system has proven effective in monitoring and reporting the removal of
architectural barriers.
The facility report for each site will include:
• Barrier Identification Table: A table will list each specific harrier encountered
during the survey process. Barriers will be organized by architectural element and
located by reference number on the facility diagram.
• Conceptual Solution: A feasible conceptual solution to resolving the barrier will be
provided in text format. Alternate solutions may be suggested when feasible.
• Cost Estimate: Planning level cost estimates will be provided for the removal of
each barrier.
• Priority Level: A column will be provided that identifies the priority for barrier
removal to be completed during Task 3.4..
• Reference Diagram: The report will include a reference drawing locating the
barriers on a diagrammatic sketch of the facility.
• Photographs: Photographs will be included in the facility reports where they are
useful in describing unique circumstances or universal themes.
The costs contained in the facility reports repres€;nt-a planning level cost estimate that can be
used to determine the cost for removing barriers in City facilities. The cost estimates are
based on the cost of construction.The spreadsheet:can be modified to include planning,
design, inspection and administration costs and an escalation factor to adjust for future
projects per the City's construction guidelines.
Each barrier removal action, such as the replacement of a door knob with lever-type door
hardware, has been assigned a cost. These costs ;are based on RS Means cost data, MIG's
experience,feedback from previous public agency clients, and a review conducted for by
cost estimating experts in 2013.
The report also provides a conceptual solution for each barrier to be removed, including
documenting equivalent facilitation opportunities. MIG will facilitate this process during the
prioritization workshop as described in Task 3.4.The ADA requires that"programs,
activities and services, when viewed in their entirety, must be accessible."This means that
not all architectural barriers identified in the facility reports must be removed. For example,
the public may meet with a City staff person in a:n accessible conference room rather than in
the staff person's office.The door to the conference room must be compliant, but the door to
the office does not need to be renovated. This rule:does not apply for new construction or
Page 5
Cupertino ADA Self-Evaluation and Transition Plan Update
renovation. In new construction, all work must be accessible, including public and staff
areas.
The ability to provide programmatic access rather than renovating all non-compliant building
features represents an opportunity to reduce the construction costs associated with the
Transition Plan.
Task 3.4: Conduct Facility Prioritization. Workshop
MIG will conduct interviews with City staff responsible for each facility to review the
architectural barriers encountered during the survey. Each barrier will be ranked according to
priority for barrier removal based on the following guidelines as outlined by the ADA:
• Priority One: The highest priority is placed on those barrier removal items that
provide accessibility at the main entrance of a facility or improve a path of travel to
the portion of the facility where program activities take.place(e.g., parking, walks,
ramps, stairs, doors, corridors, etc.).
• Priority Two: A second level priority is placed on those barrier removal items that
improve or enhance access to program use areas (e.g.,transaction counters,
conference rooms, public offices,tennis courts, restrooms, etc.).
• Priority Three: A third level priority is placed on those barrier removal items that
improve access to amenities serving program areas (e.g., drinking fountains,
telephones, site furnishings, vending machines).
• Priority Four:A fourth level of priority identifies areas or features not required to be
modified for accessibility (no public programs located in this area or duplicate
features).
During this workshop, Mi.G will also assist the City staff in identifying programmatic
solutions to remove an existing barrier and propose equivalent facilitation options.
MIG will also assist City staff in prioritizing the facility in its entirety using the following
criteria:
• Level of Public Use: Facilities that receive a high level of public use;
• Program Uniqueness: Some programs are unique to a building, facility, or park and
cannot occur at another location;
• Geographic Distribution: By selecting a range of facilities that are distributed
throughout the City,the City can ensure inaximun access for all residents;
• Citizen'Rights: Facilities where services are provided to exercise citizen rights—
participation in Council and Commission meetings, access to elected officials, etc.
Page 6
Cupertino ADA Self-Evaluation and Transition Plan Update
• Citizen Responsibilities: Facilities where i:axes are paid,permits and licenses are
obtained, and where services are obtained and have access to services such as
building permits.
• Identified Complaints: Efforts should focus on where there are identified accessibility
complaints.
Upon completion of the prioritization process, MIG will revise the facility reports to reflect
the priorities assigned and proposed programmatic equivalent facilitation solutions.
Task 4:ADA Transition Plan-Pedestrian Rights-of-11"ay (PRO f)
MIG will assist the City in developing a Transition Plan framework for pedestrian rights-of-
way (PROW). Elements of the plan will include an assessment of existing conditions, current
and proposed improvements and a list of priority guidelines and timeframes for barrier
removal. The Plan will document current and future projects, initiatives, capital improvement
plans, and ongoing maintenance activities that contribute to the development of an accessible
pedestrian environment.
Task 4.1: Review City PROW Policies and Design.Standards
MIG will review existing policy documents relatc;d to curb ramps and sidewalks to identify
issues that should be addressed to ensure that policies are non-discriininatory to people Nvith.
disabilities. Documents will include the Municipal Code, Public Works.Department design
standards, and other,written City policy documents.
Task 4.2: Prepare PROW Base Map
MTG will assist the City to create a base map depicting the pedestrian rights of way (PROW)
Task 4.3: Conduct Sidewalk and Curb Ramp Survey
MIG will conduct a detailed survey of sidewalks and curb ramps adjacent to all surveyed
public facilities listed above and along Stevens Creek Blvd. between De Anza Blvd. and
Highway 85.
Task 4.5: Develop Sidewalk and Curb Ramp Reports
MIG will develop reports and a map documenting the existing conditions of the surveyed
City PROW.
Task S:Prepare the Draft and Final ADA Self.E,valuation and Transition Plan
Task 5.l: Prepare the Draft ADA Transition Plan
Based on the self-evaluation and facility compliance assessment, MIG will prepare a draft
Transition Plan for City. City staff will prepare the schedule of barrier removals based on the
prioritization and cost estimate information included in the completed facility and PROW
reports. The plan will include:
Page 7
Cupertino ADA Self-Evaluation and Transition Plan Update
■ Method of Preparation
• Prioritization Criteria
■ Facility/PROW Reports
■ Cost Estimates
■ Phasing Plan
MIG will provide one (1) electronic copy of the report to City staff for copying and
distribution as well as five(5) bound copies of the Draft Plan.
Task 5.2: Prepare the Final ADA Self Evaluation and Transition Plan
Following review by the City, MIG will edit the draft plan and prepare the final plan for
presentation. MIG will provide one (1) electronic copy of the report to City staff for copying
and distribution.
Task 6: Ongoing Project Management
MIG will maintain ongoing coin munication and project management with City staff.
Task 7. Support the Public Outreach Program
MIG recommends the City conduct two (2) public meetings to thoroughly meet the
requirements of the public outreach component of an ADA Self-Evaluation and Transition
Plan. MIG is available to assist in supporting the City for two proposed public meetings.
Task 7.1: Public Meeting#1 —Kick-off the Self-Evaluation and Transition Plan Project: MIG
will facilitate a public meeting to announce the commencement of the ADA Self-Evaluation
and Transition Plan. This meeting will also educate the public on the process and
components required to fulfill the obligations to complete an ADA Self-Evaluation and
Transition Plan. MIG will provide the announcement language, meeting agendas, sign-in
sheets, name tags,and a graphic and text materials for the meetings. The City will provide
any materials requested by the public, including ASL interpreters, alternative formats, or
other program modifications, and will provide written minutes of the meeting.
Task 7.2 Public Meeting#2—Review of Final Self-Evaluation and Transition Plan: MIG will
facilitate a public meeting to provide input and comments on the Final ADA Self-Evaluation
and Transition Plan.MIG will provide the announcement language, meeting agendas, sign-in
sheets, name tags, and a graphic and text materials for the meetings. The City will provide
any materials requested by the public, including ASL interpreters, alternative formats, or
other program modifications, and will provide written minutes of the meeting.
Task 8: Presentation to City Council
The Principal-in-Charge will attend one City Council meeting when the Final ADA Self-
Evaluation and Transition Plan is approved.
Task 9: Staff Training
MIG will prepare and present two 1-1/2 hour accessibility workshops with selected.City
technical, operational, customer service, and management staff to present the Self-evaluation
and Transition Plan Update and to provide training regarding the provision of services to
Page 8
Cupertino ADA Self-Evaluation and Transition Plan Update
people with disabilities. Training will address the variety of staff positions, including design,
engineering, inspection, maintenance, clerical, technical and management positions.
Page 9
Exhibit:Schedule of Performance
City of Cupertino-ADA Self-Evaluation and Transition Plan Update
Month
Task 1:Conduct a Project Initiation Meeting.
Task 2:ADA Self-Evaluation-Programmatic Review&Recommendations
Task 2.1:Orientation Workshop(City Staff Meeting"#3) -- --
Task 2.2:'Program Staff Survey
Task 2.3:Program Analysis
Task 2.4:Prepare the Draft Self-Evaluation magnum
Task 2.5:Prepare the Final Self-Evaluation
Task 3:ADA Transition Plan-Facility Surveys and Prioritization-
Task 3.1:Prepare Facility Diagrams
Task 3.2:Conduct Facility Surveys ---
Task 3.3:Develop Facility Reports
Task 3.4:Conduct Facility Prioritization Workshop(CityStaff Meeting#1)_
Task 4:ADA Transition Plan-Pedestrian Rights-of-Way(PROW)
Task 4.1:Review City Policies and Design Standards
Task 4.2:Prepare Base Ma fop r Field$u v�
Task 4.3:Conduct Sidewalk and Curb Ramer Su vey _
Task 4A:Develop Sidewalk and Curb Ramp Re orts
Task 5:Prepare the Draft and Final ADA Transition Plan
I I ask U.is Prepav iht,DiafiADA Tansilio Plan
Task 5.2:Prepare the Final ADA Transition Plan_
Task-6:Ongoing Project Management
Task 7:-Support the Public Outreach Program
Task 7.1:Public Meeting Wl-Kick off the ADA Self-Evaluation and Transition Plan Project
Task 7.2:Public Meeting#2-Review of Final ADA Self-Evaluation and Transition Plan
Task 8:Presentation to City Council
Task 9:Staff Training
City of Cupertino ADA Self-Evaluation and Transition Plan.
two
EXHIBIT C
Exhibit: Compensation
Cupertino*ADA Self-Evaluation and Transition Plan Update
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Task 1 7Conduct a Project Initiation Meeting $2 170�,.��.����:T,�,:..,�,.b�.� ,.,,..,,�..z x•:�4: ,.,�,:��:,,�•�.n���,:�::.��,A,�..:.;r.><��:t�.�. �:�..a.;....�s�:,.�,:; a,�a�:h_:
Task 2 ADA Self Evaluation Programmatic Review& Recommendations $14,990
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Task 3: ADA Transition Plan Facility Surveys and Prioritization $32,490
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Task 4 ADA Transition Plan Pedestrian Rights-of-Way (PROW) $16,710
wr,.,'::�"t;.,J,%`d.'&...hFC.:i.;....I1..1':4✓,+K'C�:'S�i:7v:J2d�L�n"""23kC� bEw..S'.o.,:.W�h.f"6f.'Y4n T.."cA.�'G..r.;;Y'CP:n��n*P.'e'^k+�'��'*1'.b:'F;..:.,.C.Ji�.n..:P ....�,�.,....vn:.1..:,�.a..:.._kgCr,M'?-! 'fT�i..�cin"�Y+a..::t',..nFiiTA�S
Task 5: Prepare the Draft and Final ADA Transition Plan $7,080
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Task 6 Ongoing Project Management $3,490
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Task 7: Support the Public Outreach Program $5,140
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Task 8 Presentation to City Council
$1,485
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Task 9 Staff Training $2,350
Totals: $85,905
OEM Cupertino ADA Self-Evaluation and Transition Plan Update