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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. Page 2 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 Page 4 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 Y+t+.+.Y.+!asto-�l7:wv..th T>'n.mrrow.a:a�n5.ww.w�.v ua4�vs�,.a^...�. ..:xrvwec'.x ..a'ev,'S�ssr,e.aa,a...n..+Nr--.cm✓.vr.5.mxmw. Y.+-.vt;,rµ. �.'*VV:::3-`�"P%4SFAt'aYU4'i.".Jt4.J�:1s:eaavwnt�a.Rw.r+nr..M.t.-my:'!'�*n..5>.._.r.+w-s�yvuurc.nhr»iw.m u 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 �*:t')sr:;x7.d:a..tii?.YNt.e:re.ax ..,..[,•.'�R,1'v,:2}. —(nxt•:C�F�=�-,.,..t.:.?.ro°cn^�:,?�.:yL:s;S'c:fikt:'en5,3.:nAaCw'�.tz.n�'��E Syy..:#.::Six:�C.I.,;E:�(t,r-a.�.,.i-h.:,..t5y.n;,<v?k7L.ts}+'-wi:s4r"7,.Y,i.H ..F.�r::a::'s7, ..•^t.,.::tN:•?>:<; Task 3: ADA Transition Plan Facility Surveys and Prioritization $32,490 :.�.:YVi-,.y�.:.,+...twi?+.,,..,.:it.'�\'V;�i'4?f+Y�J�4�'enx��•aii??H.dht73+,.k¢7<'�Y:'�u'�'i[3.?i13S:'S:.S+uYt 2'�..t7..r.�u.:i.t RY��.h"M'�NJ'i]`i35 =.S4R1.k:Y{u:.-..CV+t i4-S�..s.F�'.I�w.t ;t::_Ne't::i.:�{'rt'.':S`F:°'P^,A�`.'rd F.F..-.K...11.a.2<.k4..1..+1.':.Y",�"U 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 .`A:1'.x�-'�: 4So".1 -.dw,.:.,..g:iWw 1tE'1uSw<€i.':haLL...J.��?L4�i'.��.Y.n'R?8C't...C.v.A+,..a,.ti F}.51"3K:...l,.0-.A. 'S.��c..:frt4,..•...X,vY.,�84.I..:}n.:'rw4 Y'5..,:.�;.".'Y +`R1k�.�_t r.fN..51�i-....^.t ♦'G".5'e��3e.7!^iS'L'2t:x,•.:'�-�:Y'i Task 6 Ongoing Project Management $3,490 Y;.Sa'.Pa.'�'S-..„w...�ralc�.,-<Pr n'Tgf�?,..;E�t.iCS^m:3.-AS.C'9'6 wG��vw^'A;:nR.v.Qu...}7.C.n:¢;q&:z`.'YY�&.ur<}.'h'.ti;4:.Ti!3 .L.c4'J.:r�K-�..'..:i - •Y+t.�'a.i.0 rt'.,a;F+,w:Y:.� ....:.'C..Nps.. .,..i..J:.:.... -m74..• Task 7: Support the Public Outreach Program $5,140 ';.;':�hiy i'ui.--51'EIS}!.7rv�.�';LLkf+E-''it�k-"..Q..�::::�':rtC+!'R°...,..xrl:.,.:.i•r�.LL. $,-<"1+..,:b.-.'&f....x.i�S.lf4rjS:... � �..�....,Fa.��..'lr�. ,,,.:.'rkf:.i:.'!!.P':....v.w.`h. a..�•�....v.-.if4.�T ti�C"�: �.L°,).yA•!:"fa�i�7.:.:f,9.23.k.$"l: Task 8 Presentation to City Council $1,485 's.=35tv ..':_..,.::..y'.�.z1n4,.S.Sk:. :.:u+;i^:r...n..�.<.::a:.,..mr42....t.6xx.:' r1.-t:Y..^.,..vr r.-...-.,�[.� �.,>_�......._.'�5a`F:r.-.- �..a.e...'_..,.,...r:....n'.._'s.'-r:, reH.:.•'ti.�3fiJ.9 .ni�'.5a,#•,.f lr..e...',5.•:?,t-. Task 9 Staff Training $2,350 Totals: $85,905 OEM Cupertino ADA Self-Evaluation and Transition Plan Update