Attachment 1 - First Contract Amendment including Original AgreementDisability Access Consultants – First Amendment to Agreement for Consultant Services
Americans with Disabilities Act (ADA) Transition Plan Project CIP No. 812-0129 Page 1 of 2
FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES Americans with Disabilities Act (ADA) Transition Plan Project CIP No. 812-0129 This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for
identification this 5th day of April 2022 and amends that certain AGREEMENT FOR CONSULTANT SERVICES for the Americans with Disabilities Act (ADA) Transition Plan Project CIP No. 812-0129, dated April 1, 2021, made by and between the Town of Los Gatos, ("TOWN") and Disability Access Consultants, LLC (“CONSULTANT”). RECITALS
A. TOWN and CONSULTANT entered into an Agreement for Consultant Services on April 26,
2021, (“Agreement”), a copy of which is attached hereto and incorporated by reference
as Attachment 1 to this Amendment.
B. TOWN desires to amend the Agreement to increase the scope of work and compensation
of the agreement
C. TOWN desires to amend the Agreement to extend the agreement term to December 31,
2023. AMENDMENT 1. 2.2 Term and Time of Performance is amended to read as follows: Term and Time of Performance. This contract will remain in effect from April 12, 2021 to December 31, 2023. Consultant shall perform the services described in this agreement as follows: (refer to Exhibit A - Scope of Services). 2. 2.6 Compensation is amended to read as follows: Compensation. Compensation for Consultant’s professional services shall not exceed $170,000 inclusive of all costs as described in Exhibit B – Additional Services Proposal
dated March 17, 2022. Compensation shall be based upon TOWN approval of each task as outlined in the terms of the Exhibit A – Scope of Services and Exhibit B – Additional Services Proposal. 3. All other terms and conditions of the Agreement remain in full force and effect.
Disability Access Consultants – First Amendment to Agreement for Consultant Services
Americans with Disabilities Act (ADA) Transition Plan Project CIP No. 812-0129 Page 2 of 2
IN WITNESS WHEREOF, the LOCAL AGENCY and CONSULTANT have executed this Amendment.
Town of Los Gatos, by: CONSULTANT, by:
_______________________________ ______________________________
Laurel Prevetti
Town Manager
______________________________
Name/Title
Recommended by:
__________________________________
Timm Borden
Interim Director of Parks and Public Works
Approved as to Form:
__________________________________
Robert Schultz, Town Attorney
Attest:
__________________________________
Shelley Neis, MMC, CPMC, Town Clerk
Agreement for Consultant Services
Disability Access Consultants, LLC Page 1 of 7
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on April 1, 2021) by and between TOWN OF LOS
GATOS, a California municipal corporation, (“Town”) and Disability Access Consultants, LLC,
(“Consultant”), whose address is 2862 Olive Highway, Suite D, Oroville, CA 95966. This Agreement
is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to provide an ADA Transition Plan.
1.2 The Consultant represents and affirms that it is willing to perform the desired work
pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience,
and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal
sent to the Town on March 8, 2021, which is hereby incorporated by reference and
attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from April 12, 2021 to
December 31, 2022. Consultant shall perform the services described in this agreement as
follows: (refer to Exhibit A in Scope of Services).
2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by the Consultant under this Agreement are the
Town’s property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
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pursuant to this Agreement are confidential until released by the Town to the public, and
the Consultant shall not make any of the these documents or information available to any
individual or organization not employed by the Consultant or the Town without the
written consent of the Town before such release. The Town acknowledges that the
reports to be prepared by the Consultant pursuant to this Agreement are for the purpose
of evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Consultant in connection with other projects shall be solely at Town's risk,
unless Consultant expressly consents to such use in writing. Town further agrees that it
will not appropriate any methodology or technique of Consultant which is and has been
confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed
$130,000 inclusive of all costs. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by
whom at what rate and on what date. Also, plans, specifications, documents or other
pertinent materials shall be submitted for Town review, even if only in partial or draft
form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not
less than three years following completion of the work under this Agreement. Consultant
shall make these records available to authorized personnel of the Town at the Consultant's
offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Consultant may perform some obligations
under this Agreement by subcontracting but may not delegate ultimate responsibility for
performance or assign or transfer interests under this Agreement. Consultant agrees to
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testify in any litigation brought regarding the subject of the work to be performed under
this Agreement. Consultant shall be compensated for its costs and expenses in preparing
for, traveling to, and testifying in such matters at its then current hourly rates of
compensation, unless such litigation is brought by Consultant or is based on allegations of
Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter
into any such holdings or agreements. In addition, Consultant warrants that it does not
presently and shall not acquire any direct or indirect interest adverse to those of the Town
in the subject of this Agreement, and it shall immediately disassociate itself from such an
interest, should it discover it has done so and shall, at the Town's sole discretion, divest
itself of such interest. Consultant shall not knowingly and shall take reasonable steps to
ensure that it does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed a
person with a direct or indirect interest that would conflict with its performance of this
Agreement, Consultant shall promptly notify Town of this employment relationship, and
shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single
limit per occurrence for bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
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iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of Consultant,
premises owned or used by the Consultant. This requirement does not
apply to the professional liability insurance required for professional errors
and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees and volunteers. Any insurance or
self-insurances maintained by the Town, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the
required Workers' Compensation insurance for their respective employees.
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3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend
the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up
because of damages to property or personal injury received by reason of, or in the course
of performing work which may be occasioned by a willful or negligent act or omissions of
the Consultant, or any of the Consultant's officers, employees, or agents or any
subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen days (15) written
notice of termination. In the event of termination, the Consultant shall deliver to the
Town all plans, files, documents, reports, performed to date by the Consultant. In the
event of such termination, Town shall pay Consultant an amount that bears the same ratio
to the maximum contract price as the work delivered to the Town bears to completed
services contemplated under this Agreement, unless such termination is made for cause,
in which event, compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Disability Access Consultants, LLC
Attn: Barbara Thorpe
2862 Olive Highway, Suite D
Oroville, CA 95966
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or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
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IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley, Director of Parks and Public
Works
Consultant, by:
Printed Name and Title
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk
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4/14/2021
Timothy J Mahoney, General Manager4/14/2021
4/24/2021
4/26/2021
4/26/2021
Scope of Services
Americans with Disabilities Act (ADA) Transition Plan
Town of Los Gatos
(CIP No. 812-0129)
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
EXHIBIT A
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Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan
EXHIBIT A
PROJECT
Americans with Disabilities Act (ADA) Transition Plan
CIP No. 812-0129
PROJECT CONTACTS
Town of Los Gatos Disability Access Consultants, LLC (DAC)
Janice Chin Barbara Thorpe, Project Manager
Parks and Public Works Department 2862 Olive Highway
41 Miles Avenue Suite D
Los Gatos, CA 95030 Oroville, CA 95965
jchin@losgatosca.gov bthorpe@dac-corp.com
408.395.3460 800.743.7067
SCOPE OF SERVICES
The scope of services includes seven (7) tasks:
Task A: Project Management and Coordination
Task B: Self‐Evaluation of Town Policies and Standards
Task C: Self‐Evaluation of Town Facilities
Task D: Self‐Evaluation of Town’s Key Right‐Of-Way Assets and Trails
Task E: Public Outreach
Task F: Develop the Transition Plan
Task G: Additional Activities
PROJECT TASKS, SCHEDULE, TIMELINE, STAFF ALLOCATIONS AND BILLING RATES
The Scope of Services are outlined and described in Tasks A, B, C, D, E, F and G.
A project schedule and activities are included in Table 1: Task, Activities and Timelines. The project will be
completed in seven (7) months or sooner from the notice to proceed.
Tasks, allocated staff and billing rates are included in Table 2: Tasks, Staff and Billing Rates.
TASK A: PROJECT MANAGEMENT AND COORDINATION
DAC shall provide the necessary project coordination, administration, management throughout the project.
DAC will organize planning and orientation meetings to be held via teleconference or virtual video conferencing
when appropriate.
DAC will conduct an initial project kickoff meeting or virtual conference call with selected Town staff to clarify
roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys
of Town facilities and identify key Town personnel related to the project scope. DAC will send a draft agenda
prior to the initial kickoff meeting to the designated Town contact for review. A suggested list of attendees will
be developed in collaboration with DAC and the Town.
Notes will be collected during the initial meeting and adjustments made to the project work plan as indicated
by the Town. A formal kickoff meeting will subsequently be scheduled with the confirmed list of attendees with
oversight responsibilities for project activities.
The project methodology is designed to develop a comprehensive plan without placing additional activities
and impact upon Town staff. The initial orientation meeting will include an assessment of previous compliance
activities and areas of current or potential litigation. The review of compliance activities and high priority areas
will assist with the development of an overall project plan.
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Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan
The review and documentation of prior accessibility initiatives will be conducted and documented to build a
more defensible plan to assist the Town to defend litigation challenges.
Related documents will be reviewed and may include, but are not limited to the facility master plans, strategic
plans and other related documents.
Progress reports will be issued by DAC in accordance with Town requirements. Invoice requirements and
frequency of invoices will be confirmed as directed by the Town.
Deliverables: progress reports, meeting notes and recommendations and action plans.
TASK B: SELF‐EVALUATION OF TOWN POLICIES AND STANDARDS
DAC will work with designated Town contacts to gain access to the Town’s regulations, policies, standards,
programs, and activities for evaluation according to ADA standards and California accessibility requirements.
The self-evaluation will include factors for eligibility requirements and participation for persons with
disabilities, methods for providing accommodations, effective communication and grievance procedures. The
self-evaluation results will also include recommendations for acceptable terminology, and updates to policies
that may be inadequate or not established.
As the Town’s website has a large repository of documents publicly available, DAC will begin with an extensive
review of information offered directly on the Town’s website pages, within the Los Gatos Town Codes, and in
the Town’s online “Document Center” catalogue of folders. The review will first determine if the required
information is available, and if so, the review will also include suggested updates or modifications to ensure
the policy is compliant and inclusive when needed. If specific policies or regulations are not found, DAC will
inquire with Town staff to confirm. When necessary, recommendations will be made to establish compliant
policies, procedures, statements and notices.
For example, DAC will evaluate Town policies, procedures and related documents including, but not limited to:
• Grievance procedures and tracking
• Service animals
• Accommodation statements and procedures
• Other power-driven mobility devices
• Accessible seating and ticketing
• Emergency procedures
• Policies for use or lease of Town facilities
• Contracted services
• Construction standards, specifications and details
• Lease and facility use agreements
• Eligibility criteria
• Maintenance of accessible features
• Effective communication
• Auxiliary aids and services
• Social media
• New employee and volunteer training
• Planning and budgeting
• Access to programs, services, activities and events
DAC will review the provision of Town programs, services and activities to determine if there are any
discriminatory practices that may deny access for persons with disabilities.
DAC will also evaluate if the Town provides required notices and postings, including but not limited to:
• Identification and contact information for the ADA and/or 504 Coordinator
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Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan
• Notice of rights and statement of nondiscrimination
• Statement of reasonable accommodation on public notices
• Grievance policy and procedure
• Statement of website accessibility
DAC will also review additional available documents that have impacts on accessibility, such as the Town’s
Master Plan, Fee Schedules, General Plan, other planning documents and annual budget documents.
As part of the requirements for effective communication, DAC will also perform a comprehensive website
accessibility review for compliance with Web Content Accessibility Guidelines (WCAG) 2.0 Level AA, which is
the current level of accessibility required for Title II public entities. The evaluation will yield results for the
following at minimum:
• Accessibility and compliance with WCAG 2.0 AA and Section 508
• Compatibility with all major web browsers, including Chrome, Firefox, Edge and Safari
• Search engine optimization per Google and Bing guidelines
• Broken links and spelling errors in links
• Usability with assistive technology.
• Missing alternative text in graphics and PDF documents
• Small, difficult to read text fonts
References to WCAG evaluation success criteria are included with noncompliant or incompatibility findings.
Deliverables: Executive summary of findings and recommendations for the self-evaluation; accessibility
website review
TASK C: SELF‐EVALUATION OF TOWN FACILITIES
DAC will survey and assess the Town buildings, facilities, parking areas, parks and open spaces, public rights-
of-way to document accessibility barriers. Data and reports will be reviewed by a CASp certified DAC team
member prior to being presented to the Town. The CASp designated team member that will coordinate the
inspection team during the facility reviews and conduct quality control reviews will be Michael Boga (CASp-
152). Candice Pursch will be the designated Team Leader for the collection of data in the field and will
coordinate scheduling and monitoring of DAC team members. Weekly, or as-needed, progress updates will be
confirmed and scheduled.
As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 of the California
Building Code) and the standard that provides the greater level of accessibility utilized. The accessibility
compliance standards and regulations will be applied as appropriate and may include the ADA Standards, Title
24 of the California Building Code, Public Rights-of-Way Accessibility Guidelines, California Manual on Uniform
Traffic Control Devices, Caltrans Standards and other applicable federal or state accessibility codes. Cost
estimates will be provided as available.
As DAC collects actual measurements of as-is field conditions and records all information, data can be
reprocessed if codes change without conducting a re-inspection, thus resulting in a significant savings when
codes change and the plan needs to be updated.
Reports will be provided to the Town through DACTrak, an online accessibility management program
developed by DAC. Assessments and reports will include a high degree of detail with photographs, code
references, cost estimates and GIS information for available exterior areas. The DACTrak software provides the
user with the capability to generate reports in multiple formats such as photo and progress reports, summary
and chart reports, and compliant items reports. In addition to numerous standard reporting features, DACTrak
also offers the user the capability of generating custom reports. The inclusion of photographs showing the as-
is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier
removal priorities. Photographs will be taken for each finding and GIS coordinates for public rights-of-way.
The DACTrak software provides an easy-to-use accessibility management platform that exceeds the ability to
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Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan
manage the plan by hard copies and binders. Use of the DACTrak software will provide the Town with an
additional tool to reprioritize items depending upon the unique and ongoing needs of the Town and public
comments during the public input process.
Deliverables: Facility inspections incorporated into DACTrak. DACTrak training will be provided to designated
Town staff.
TASK D: SELF‐EVALUATION OF TOWN’S KEY RIGHT‐OF-WAY ASSETS AND TRAILS
DAC will assess the Town’s public trails and selected assets in the Town’s public rights-of-way (PROW) for
compliance with the ADA and related accessibility standards. DAC will consult with the Town to recommend
and determine the areas to be assessed.
DAC uses a comprehensive approach to inspecting accessibility of pedestrian access routes in the public rights-
of-way (PROW) and trails. To conduct PROW and trail field assessments, DAC accessibility specialists walk
sidewalks and trails to record manual measurements, take photographs and capture GIS coordinates (as
applicable for exterior measurements) of the field conditions and enter the information into our DACTrak tablet
in the field. Information captured in the field will be uploaded into the DACTrak accessibility management
system.
The field survey teams are supervised by a qualified Certified Access Specialist (CASp). Data and reports are
also reviewed by a CASp certified team member prior to being presented to the Town.
A facility report for each PROW area and trail surveyed will include detailed areas of deficiency in addition to
corrective recommendations and cost estimates. The reports will be presented through DACTrak in an initial
priority sort order that can be customized for implementation by the Town. The assessment will include cost
estimates to correct deficiencies in accordance with the ADA, Title 24 of the California Building Code, Public
Rights of Way Accessibility Guidelines, California Manual on Uniform Traffic Control Devices, or other
applicable federal or state accessibility codes such as Outdoor Developed Recreational Standards.
General areas of the PROW inspections for pedestrian routes include but are not limited to the following areas:
sidewalks, curb ramps, intersections, crosswalks, street furniture, bus stops and shelters, on-street parking and
related items in the pedestrian access route. The following items are included:
▪ Sidewalks
o Sidewalk starting and ending points and length
o GIS location and street markers
o Width
o Running and cross slope
o Changes in elevation
o Obstructions-into the path of travel and overhead obstructions
o Utilities and mailboxes that may interfere with the pedestrian route
o Gratings
▪ Curb Ramps
o Location including GIS
o Curb ramp type
o Curb ramp material
o Ramp run
o Ramp width
o Side flares
o Slope and cross slope
o Finish
o Contained in crosswalk
o Detectable warnings
o Top & bottom ramp
o Gutter
o Changes in elevation to bottom ramp
o Contains water
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Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan
▪ Crosswalks and Mid-block crossings
o Width
o Slope
o Detectable warnings
o Pedestrian head
▪ Intersections
o GIS location and cross streets
o Pedestrian signal controls and indicators
▪ Medians and Islands
▪ Roundabouts
▪ Trails
▪ Parks
▪ Open Space
▪ Bus stops and shelters
o Type
o Length and width
o Boarding pad-length, width, slope and vertical clearance
o Accessible route to shelter-slope, cross slope, width
o Clear floor space-length, width, slope, located in shelter
o Signage
o Amenities accessible-trash cans, literature, information
▪ Benches and Street Furniture
Deliverables: Deliverables: Facility inspections incorporated into DACTrak. DACTrak training will be provided to
designated Town staff.
TASK E: PUBLIC OUTREACH
DAC will advise the Town on methods to advertise for public input and solicit input into the transition plan.
DAC will lead a process for interested persons, including individuals with disabilities and organizations
representing individuals with disabilities, to participate in the self-evaluation process by submitting comments.
The process may include hard copy and online surveys, community workshops, or other outreach methods as
appropriate for the Town. Since a public outreach meeting is not required by the ADA, DAC can suggest public
outreach activities that will satisfy the opportunities for public input requirements of the ADA and encourage
community response, such as online and hard copy surveys. Two (2) virtual meetings for the Town council and
two (2) public virtual meetings.
The process of providing opportunity for public input is designed to help ensure that the Town is successful in
receiving information that will assist the Town to implement the transition plan, ensuring that the needs of the
community are incorporated. Surveys will be developed for the Town to collect input from members of the
community and visitors to the Town, area organizations that provide services to residents with disabilities, and
from Town staff.
Surveys will be made available in multiple formats including online surveys, fillable PDF, Word documents and
hard copies. The methods used for advertising the opportunities for public input will be customized for the
Town to ensure that established procedures for collecting public input are followed at a minimum. Methods
of advertising may include news banners on the Town’s website, posts on the Town’s social media accounts,
an advertisement place in a local newspaper, and hard copies of the public notice displayed in public areas,
such as Town Hall, community centers and libraries.
As public input is received, DAC will compile the results and include the comments in the Executive Summary
provided to the Town. Input that is appropriate for the provision of programs, services and activities will be
integrated into the plan. Public and staff input regarding access to facilities and barriers will assist in the
development of the transition plan by assisting with the priorities and schedule for the removal of barriers.
Deliverables: Hard copy and digital surveys, notices, announcements, and a summary of public and staff
comments.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan
TASK F: DEVELOP THE TRANSITION PLAN
Upon completion of the field assessments, DAC will present the transition plan and findings to the Town by
providing login access to the DACTrak Accessibility Management software program for Town staff. DACTrak
will allow Town users to generate reports in multiple formats, including PDF, Excel, KMZ and ESRI Shapefile.
There are no maintenance or storage fees associated with use of the DACTrak software.
The transition plan reports provided through DACTrak will include an initial prioritization, however using the
tools in DACTrak, the Town users will have the ability to customize the transition plan implementation schedule
and priorities, using multiple options and criteria for mitigating barriers. The tools in DACTrak will allow the
Town to create a schedule for repair, that can be adjusted as often as needed.
DACTrak is an online software program that is accessed through a web browser. There are no files or programs
to download or install on the Town’s computers or servers. DAC performs all maintenance and updates to the
software, so there is no burden on the Town’s IT staff to provide support to the DACTrak users. All support is
provided by DAC.
Using DACTrak, Town staff will have the ability to view and generate multiple styles of reports for all buildings,
facilities, parks, trails and public rights-of-way assessed, as well as export reports in several file types, including
PDF, Excel, KML and Shapefiles. DACTrak report styles include very detailed reports as well as summary reports
by facility or category to help identify and prioritize barriers, establish solutions that may apply to many
locations Town-wide to assist with purchasing, and estimate probable costs for corrections.
For reports that contain exterior findings where GIS coordinates can be captured, such as sidewalks and curb
ramps, the DACTrak online accessibility management software provides the Town with several ways to view
the resulting reports on a map following the processing of the data collected during the field inspections. As
DAC collects GIS location information for each element in the public right-of-way, data can be viewed in a map
directly in the DACTrak software, as well as exported to popular map file types, including KML for viewing and
managing on Google Earth and ESRI Shapefile for viewing and managing with ArcMap or other ESRI program.
DACTrak provides users with several map style options and customizations, including maps that simply identify
the location of each noncompliant finding, to “heat maps” that identify clusters of noncompliant findings for
specific areas with color coded icons that indicate the number of noncompliant findings at a specific location.
When exporting public right-of-way data from DACTrak into a KML or Shapefile from any map style, all
information associated with the finding is included, such as the reason the item is not compliant, the
recommended method to remove the barrier, state and federal code references applicable to the barrier, a
photograph of the item and any notes that are recorded about the element and implementation for the
transition plan. Reports for public rights-of-way can also be viewed in PDF and Excel file formats, in addition
to KML and ESRI Shapefile.
While the Town may present the completed ADA self-evaluation and transition plan to Town Council as an
informational update on the project, it is not required or recommended that the plan be approved or adopted
by Council as projected dates of barrier may need to change to align with future projects or Town priorities.
Additionally, since the data in the field is collected using our DACTrak software and exported daily for
processing by our DACTrak server engines, the report data is available for editing by our Quality Control team
as soon as each facility survey is completed each day. This ensures a very prompt turnaround time for the
deliverables to be available to the Town. Since deliverables are provided to Town staff via logins to the
DACTrak online software, there is no additional wait time for printing, binding, packaging and shipping hard
copies of reports. Project deliverables are available instantly upon logging in to DACTrak. Because of the pre-
planning and flexible scheduling for our projects as well as our DACTrak software to collect data and provide
reports, we can provide of our clients with deliverables within established project deadlines.
Staff training and support regarding the use of the DACTrak Accessibility Management System is currently
included in Task F and Task G at no cost.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan
The DACTrak software and reports will provide the Town with the remaining three requirements:
• Identification of physical barriers in the Town’s surveyed facilities that limit access to its programs or
activities for individuals with disabilities;
• Detailed descriptions of the recommended methods and estimated costs to make the facilities
accessible. The DACTrak management tools can also be used to identify the responsible party for
structural modifications in the case of leased sites;
• The required schedule for removing the barriers is completed in collaboration with the Town. It is
reasonable to assume that the Town’s schedule of barrier removal will include work to be performed
over multiple years, therefore the transition plan should include an estimated annual projection for
barrier removal activities. The DACTrak software tools will offer the Town an ongoing method to
manage and adjust the implementation plans.
Deliverables: Transition plan of physical barriers with noncompliant findings and recommendations for barrier
removal.
TASK G: ADDITIONAL ACTIVITIES
As the Town has noted it the RFQ, additional services (TASK G) may be requested by the Town in addition to
Task A, B, C, D, E and F and may include staff training, plan reviews, additional consultation and other activities
as requested by the Town and agreed to by DAC.
Training activities for managers, supervisors, administrative staff and support staff may include:
• Roles and Responsibilities of the ADA Coordinator
• ADA Roles and Responsibilities for Front Line Staff
• ADA Roles and Responsibilities for Executive and Management Staff
• Maintenance of Accessible Facilities
• Maintenance of Accessible Public Rights-of-Way
• Using and maintaining the database
• Using and maintaining the project map
• Monitoring and updating the ADA self-evaluation and transition plan;
• Development of internal procedures for granting exemptions for Town projects.
Several of the optional training topics noted that the Town may are included in the scope of services and will
be provided at no additional cost. Training at no cost includes:
• Using and maintaining the database – included with the DACTrak training
• Using and maintaining the project map - included with the DACTrak training
• Monitoring and updating the ADA self-evaluation and transition plan is included with DACTrak training
Training Topic Course Description and Notes Cost
Accessibility
standards and
regulations
• Requirements for ADA and Section 504 compliance, including
programmatic and facility accessibility requirements.
• 4-to-6-hour course $1,000
Performing field
inspections
• Training regarding data collection in the field
• Includes classroom and field training.
• 2 days depending on staff backgrounds and prior experience
$2,400
per day
Procedures for
granting
exemptions for
Town projects
• Course would be interactive and include an examination of existing
processes and procedures to refine current system and recommend or
develop enhanced processes.
• 2-to 3-hour course. $500
Deliverables: deliverables may vary depending upon the additional activities selected by the Town. Curriculum
and training materials would be included with staff training.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan
TOWN STAFF TIME
DAC’s methodology for the Town’s ADA Self-evaluation and Transition Plan is designed to require minimal
Town staff time and resources. DAC does not require any office space, equipment or supplies. Based on
experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative
methodologies, easy to use ADA management tools, and proven, successful strategies for evaluating programs,
services, activities, events, facilities, parks and public rights-of-way.
Project Coordination
The methodology for scheduling, coordination of project, policy reviews and the analysis of programs, services
and activities will be confirmed at the kickoff and planning meeting with DAC and Town staff. Involvement of
Town staff will be needed to review the draft agenda for the initial start-up meeting, recommend any changes
and participate in the start-up meeting.
Policies, Procedures, Programs and Services
DAC will need access to the Town’s policies, procedures, ordinances, memorandums of understanding,
planning and budgeting documents and related items that pertain to the administration of programs, services
and activities and may require minimal staff time.
Field Surveys
As is the case with most public entities, due to the limited Town staff availability it is the intent of DAC to
conduct the surveys as minimal impact on Town staff as possible. Surveys requiring Town staff assistance, such
as secure, locked or alarmed areas, will be coordinated through the Town’s designated contacts, and will be
scheduled in a way that minimizes the impact to the regular workloads of the applicable staff members. The
flexible scheduling also allows for continued efficiency of the survey process, so that there is no delay between
the completion of one facility survey and the start of the next survey and allows for the anticipated survey
plans to be altered quickly when unforeseen circumstances arise, such as rain prohibiting the planned survey
of a park. In these situations, our survey staff would proceed to an available facility.
Data Collection and Management
DACTrak, an online accessibility management program was developed by DAC for the purpose of easy and
useful importing and management of the accessibility data collected in the field. DACTrak is interactive online
software and is not an enhanced excel spread sheet. The ability to collect, compile, analyze and use report data
in a practical format was one of the driving forces to develop the DACTrak intake and management software.
Town staff will be provided training by DAC regarding the use of DACTrak to manage, update and implement
the Town’s transition plan.
During the DACTrak training, selected Town staff will be instructed regarding the methods to manage the
Town’s ADA Transition Plan. The transition plan data and reports provided through DACTrak will identify
structural accessibility barriers, to help the Town prioritize and schedule the removal of identified barriers to
develop a manageable transition plan.
Town staff will need to provide input into the timelines and estimated dates to be entered into the Transition
Plan as DAC cannot unilaterally enter the dates that the Town plans to remediate the barriers without
collaboration.
Public Outreach and Staff Input
DAC will provide the Town with proposed methodologies for review and comments regarding public outreach
activities that may include surveys for the public and organizations that assist persons with disabilities. Staff
input and approval will be needed regarding the proposed methods and sample documents provided by DAC.
Assistance will be needed regarding the dissemination of information regarding the notices to be placed on
the website and posted selected Town publications and newsletters or in the local newspaper.
DAC compiles the surveys and the information collected during the public outreach portion of the project and
staff surveys and input. The information is integrated into the Town of Los Gatos ADA/504 Self-evaluation and
Transition Plan Executive Summary.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan
TABLE 1: TASKS, ACTIVITIES AND TIMELINES
Key tasks, activities and timelines are outlined in TABLE 1 below. Timelines are represented in months.
As indicated the project timeframe is 7 months or less.
TASK MONTH 1 2 3 4 5 6 7
A Project Management and Coordination
Initial planning, orientation meeting, schedules
Review documents, prior activities
Overall progress reports, coordination activities
B Self-evaluation of Town Policies and Standards
Evaluation of Town policies, programs and services
Review of related documents and plans
C Self-evaluation of Town Facilities
Inspections by DAC of Town facilities
Town review of sample of draft reports completed
Report comments integrated as indicated
Inspections completed
D Self-evaluation of Key Rights-of-Way and Trails
Inspections by DAC of public rights-of-ways and trails
Reports issued in DACTrak
E Public Outreach
Methods for public outreach and staff input confirmed
Staff input
Public outreach conducted
Outreach and input comments compiled
Comments integrated into executive summary
F Develop Transition Plan
Priority methodology confirmed
Estimated dates of barrier removal into DACTrak
Draft of Transition Plan
Final Transition Plan
G Additional Activities (as requested throughout project)
TABLE 2: TASKS, STAFF AND BILLING RATES
Tasks, allocated staff and billing rates are included in Table 2: Task and Budget Worksheet (attached).
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Scope of Services
Americans with Disabilities Act (ADA) Transition Plan
Town of Los Gatos
Additional Services Proposal
(CIP No. 812-0129)
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
March 17, 2022
Town of Los Gatos ADA Additional Services Amendment Proposal Page 2 of 4
Additional Services Amendment Proposal
March 17, 2022
PROJECT
Americans with Disabilities Act (ADA) Transition Plan
CIP No. 812-0129
PROJECT CONTACTS
Town of Los Gatos Disability Access Consultants, LLC (DAC)
Janice Chin Barbara Thorpe, Project Manager
Parks and Public Works Department 2862 Olive Highway
41 Miles Avenue Suite D
Los Gatos, CA 95030 Oroville, CA 95965
jchin@losgatosca.gov bthorpe@dac-corp.com
408.395.3460 800.743.7067
SCOPE OF SERVICES
The scope of services includes additional services to be added two (2) tasks from the original proposal and
agreement:
Task D: Self‐Evaluation of Town’s Key Right‐Of-Way Assets and Trails
Task G: Additional Activities/On-Call Services
TASK D: SELF‐EVALUATION OF TOWN’S KEY RIGHT‐OF-WAY ASSETS
The original RFQ data provided by the Town estimated the total linear miles of sidewalk at approximately 94
linear miles. Currently DAC has completed approximately 110 linear miles and estimates the total linear miles
of sidewalk at closer to 160 linear miles.
The cost to complete the additional estimated 50 linear miles of Town owned sidewalk, is proposed at
$25,000.
As presented in the agreement, DAC uses a comprehensive approach to inspecting accessibility of pedestrian
access routes in the public rights-of-way (PROW). To conduct PROW and trail field assessments, DAC
accessibility specialists walk sidewalks and trails to record manual measurements, take photographs and
capture GIS coordinates (as applicable for exterior measurements) of the field conditions and enter the
information into our DACTrak tablet in the field. Information captured in the field will be uploaded into the
DACTrak accessibility management system.
The field survey teams are supervised by a qualified Certified Access Specialist (CASp). Data and reports are
also reviewed by a CASp certified team member prior to being presented to the Town. A facility report for
each PROW area and trail surveyed will include detailed areas of deficiency in addition to corrective
recommendations and cost estimates. The reports will be presented through DACTrak in an initial priority
sort order that can be customized for implementation by the Town.
The assessment will include cost estimates to correct deficiencies in accordance with the ADA, Title 24 of the
California Building Code, Public Rights of Way Accessibility Guidelines, California Manual on Uniform Traffic
Control Devices, or other applicable federal or state accessibility codes.
General areas of the PROW inspections for pedestrian routes include but are not limited to sidewalks, curb
ramps, intersections, crosswalks, street furniture, on-street parking and related items in the pedestrian
access route.
Town of Los Gatos ADA Additional Services Amendment Proposal Page 3 of 4
The following items are included:
▪ Sidewalks
o Sidewalk starting and ending points and length
o GIS location and street markers
o Width
o Running and cross slope
o Changes in elevation
o Obstructions-into the path of travel and overhead obstructions
o Utilities and mailboxes that may interfere with the pedestrian route
o Gratings
▪ Curb Ramps
o Location including GIS
o Curb ramp type
o Curb ramp material
o Ramp run
o Ramp width
o Side flares
o Slope and cross slope
o Finish
o Contained in crosswalk
o Detectable warnings
o Top & bottom ramp
o Gutter
o Changes in elevation to bottom ramp
o Contains water
▪ Crosswalks and Mid-block crossings
o Width
o Slope
o Detectable warnings
o Pedestrian head
▪ Intersections
o GIS location and cross streets
o Pedestrian signal controls and indicators
▪ Medians and Islands
▪ Roundabouts
▪ Trails
▪ Parks
▪ Open Space
▪ Benches and Street Furniture
Deliverables: Completion of surveys for an additional 50 linear miles of Town owned sidewalk
Estimated Budget for additional 50 linear miles of Town owned sidewalk: $25,000
TASK G: ADDITIONAL ACTIVITIES/ON-CALL SERVICES
Town may request additional “on-call” and as needed services from DAC that may include, but not limited to:
• General ADA consulting
• Assistance for the ADA Coordinator
• Code interpretation/application
Town of Los Gatos ADA Additional Services Amendment Proposal Page 4 of 4
• Accessibility Plan Reviews
• Annual Plan update
• Legal/claim expertise
• Data entry into DACTrak
• Transition Plan Implementation re-training
• Supplemental DACTrak training and services
• Staff Training
Estimated Budget for On-Call Services: $15,000
DAC STAFF AND BILLING RATES
TITLE NAME HOURLY RATE
Project Manager Barbara Thorpe $110
CASp Mike Boga $100
Assistant Project Manager Tim Mahoney $90
Director of Administrative Services Jennie Grover $65
Field Team Leader Candice Pursch $90
Accessibility Specialists Various $75
Director of IT Srikant Talasila $0
Expenses: Rates do not include travel expenses, travel time, airfare, meals, hotel, rental car
Note: If expenses are applicable, DAC will obtain authorization from the Town prior to travel.
PROPOSAL FOR ADDITIONAL SERVICES – BUDGET SUMMARY
Task D: Additional Sidewalk Inspections $25,000
Task G: On-Call/As-needed Services $15,000
Total $40,000