Desk Item�pW N OF
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DATE: AUGUST 17. 2015
MEETING DATE: 08/18/15
ITEM NO: 9
DESK ITEM
TO: MAYOR AND TOWN COUNCIL
FROM: LES WHITE, INTERIM TOWN MANAGER
SUBJECT: 2015- 2017 STRATEGIC GOALS
IDENTIFICATION AND PRIORITIZATION OF 2015- 2017 STRATEGIC
GOALS
REMARKS:
After the initial Staff Report was distributed on August 13, 2015, staff received the attached
public comment.
ATTACHMENTS:
Attachment 1 -3 (Previously received with Staff Report on August 13 2015)7
1. Status of Existing Strategic Goals
2. Proposed Strategic Goals
3. Public Comments received July 17, 2015 and July 29, 2015
Attachment 4 received with this Addendum:
4. Public comment received from May 14, 2015 and from 11:01 am Thursday, August 13, 2015
through 11:00 a.m. Monday, August 17, 2015
Attachment 5 received with this Desk Item•
5. Public comment received from 11:01 am Monday, August 17, 2015 through 11:00 a.m.
Tuesday, August 18, 2015
PREPARED BY: CHRISTINA GILMORE C
ASSISTANT TO THE TOWN MANAGER
Reviewed by:
Town Manager n 1 Town Attorney X11 Finance
N:AMGRVAdminWorkFiles \2015 Council Re ons\ ugust 18 \St eg c Goals Desk ftes.doe
Subject: FW: Strategic Goals: Broadway
Attachments: photo 1.JPG; ATT00001.txt; photo 2.1PG; ATT00002.txt; photo 3.JPG; ATT00003.txt; photo 4.JPG; ATT00004.txt; photo
5.1PG; ATTOOOOS.txt
- - - -- Original Message---- -
From: John Shepardson [mailto:shepardsonlaw@me comj
Sent: Monday, August 17, 2015 2:18 PM
To: Council; Les White
Subject: Strategic Goals: Broadway
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Subject:
FW: Desk Item for Agenda Item 9 - Strategic Goals
Attachments:
081715 ADA Memo to Council.docx, 031714 DLA 14 -02 Curb Ramps.pdf
Importance:
High
From: Angelia Doerner [mailto saveourhood a yahoo com]
Sent: Tuesday, August 18, 2015 10:33 AM
To: Council; Marcia Jensen; BSpector; Steven Leonardis; Marico Sayoc; Rob Rennie
Cc: Mike Wasserman
Subject: Desk Item for Agenda Item 9 - Strategic Goals
Please consider the attached documents relating to "ADA/Liability Exposure and Mitigation
Suggestions" in your deliberations of our Town's 2 -year Strategic Goals. I had compiled the research
and prepared this document before your recent Summer Recess. I had the opportunity at that time to
briefly discuss these matters with our Mayor and a "snippet" with our Vice Mayor. I have modified
Section III of the attached for actions taken at the 080415 Council meeting. I apologize for my
tardiness in getting this to you - but life can throw you curve balls once in a while.
I noted the "Sidewalk Inventory" in the Engineering Work Plans for kick -off in Fall 2015. It states "This
is a multiyear project to collect data with a kickoff in Summer 2015. The project will inventory the
condition of sidewalks and provide data to program future replacements. This is a project that the
Towns risk manager has been encouraging to minimize claims related to sidewalk trip and falls."
(1) 1 never knew we had a "Risk Manager" and would welcome the opportunity to discuss the
attached in further detail with that person if requested
(2) "Multiyear project to collect data" is..... - I can't even think of an appropriate adjective. I
respectfully request that this data collection and formalization of a Transition Plan (as
discussed in the attached) be escalated and included in our Town's 2 -year Strategic
Goals. Minimizing claims is one aspect of this issue; ADA Compliance and Health and Safety
are much more important objectives of this Project.
(3) In the presentation this Fall of the "Tree Inventory" - I hope to see that "Tree Stumps" are
included accompanied by a Transition Plan proposing related remedial actions.
Thank you for your consideration and your service to our Town.
Angelia Doerner
Live Simply, Laugh Often
Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions
The following relates to certain ADA- related risks and liability exposure facing our Town. It is not
intended to be a comprehensive analysis — rather a compilation of my findings and interpretations
concerning certain exposures. More importantly, it is intended to offer suggestions to assist you,
our Elected Officials, in defining possible courses of action to mitigate these exposures in the most
timely and cost - effective manner.
I. Overview
ll. Best Defense is a Good Offense
III. Curb Ramps
IV. Sidewalks, Curbs and Gutters
Overview
As a portion of population, California's disabled count is about 2% under the national average.
However, when you look at disability lawsuits per 100,000 disabled residents, California outpaces
any other state. In fact, an expose by NBC News revealed that the number of ADA - related lawsuits
per 100k Disabled in our state was greater than the next four largest states, combined. Using
district court documents, NBC counted federal disability lawsuits from 2005 to 2013. They excluded
lawsuits against employers, focusing only on cases filed under the designation "446 Amer
w /Disabilities - Other." These are the lawsuits that generally have to do with building and
infrastructure.
Lawsuits per 100k Disabled
_rlfcsrs=
Y f sP:e.
What's more alarming is the magnitude of judgments levied against State, County and City
governments.
Angelia M. Doerner — SaveOurHood @Yahoo.com Page 1
Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions
Obviously, you are aware of the more recent public settlements in our locale:
• CalTrans - $1.16 levied in Spring 2010 - to improve access to pedestrian facilities such as
curbs and sidewalks
• Los Angeles - $1.313 levied in April 2015 — to repair /replace sidewalks and curbs
• And a couple examples that were "only' in the millions:
• San Francisco - $2.3M to a 72- year -old woman who suffered a severe injury by a trip -
and -fall on an uneven public sidewalk — even though she had walked on this sidewalk
almost daily for more than 25years.
• CalTrans - $1.8M for sidewalk trip- and -fall in City of Cupertino — a case volleying
responsibility between government agencies
How equipped is our Town in identifying, quantifying and remedying similar risks? How equipped is
our Town in challenging lawsuits related to damaged, faulty, or failed infrastructure as well as
frivolous lawsuits? My understanding is that, in determining who is liable in a premises liability
action, the crucial elements are ownership, possession, and control of the premises. The
person /entity who owns, possesses, or controls the premises is the one responsible for any injuries
arising from a condition of the premises. Without the crucial element of control over the subject
premises, no duty to exercise reasonable care to prevent injury on the property can be found.
Do we have an "inventory" or "Self- evaluation" of Town responsibilities (and related risks, if any)
between: (1) other government entities, (2) school or other districts out of Town control, and (3)
Town vs Stakeholders? More importantly, do we have a Transition Plan as required by 28 C.F.R.
§§ 35.105, 35.150(d)?
You may find it surprising that in the first two judgments referred to above, the first step was for
the responsible party to develop a transition plan - and then carry it out.
• CalTrans-$1.113 ....... Over 30 years
• Los Angeles - $1.36....... Over 35 years
What is even more surprising is that ALL public entities that employ 50 or more persons were
required to develop, within six months of January 26, 1992, a transition plan setting forth the steps
necessary to comply with Title II and that such plan was to be made available to the public, including
periodic updates of "performance" in obtaining compliance, and updated "next steps ".
II. Best Defense is a Good Offense
The fact that CalTrans and Los Angeles, among other large municipalities and government agencies,
had not complied with developing a Transition Plan — is no defense for our Town — or any other
public entity that employs 50 or more persons. In fact, there have been cases where, rather than
premising liability solely on violations of the ADA itself, they have also included a more adventitious
claim: that the city had failed to formulate an adequate self - evaluation and Transition Plan required
by Title II's implementing regulations.
Angelia M. Doerner — SaveOurHood @Yahoo.com page 2
Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions
With the added publicity of the before - mentioned cases and that of certain necessary dire
infrastructure repairs in our Town, I feel it is imperative to escalate the importance of completing
a Comprehensive ADA Transition Plan. I believe it should be included in the 2015 -2017 Strategic
Goals, under one, if not all, of our Core Values.
• Community Character — Repairs and modifications will Enhance Appearance
• Good Governance — Demonstrates Responsible and Accountable Government
• Fiscal Stability — Includes quantification in dollars and sets a multi -year schedule for
implementation allowing for budgetary, funding and prioritization decisions based on valid
and well- defined objectives; provides a monitoring tool which demonstrates commitment to
comply with ADA and other liability mitigation measures
• Quality Public Infrastructure — Defines a Plan to replace, repair and maintain condition of our
public right -of -ways as to curb ramps, sidewalks, curbs and gutters
• Civic Enrichment — Fosters opportunities for involvement of all citizens —those with ADA
limitations as well as our growing population of seniors
• Public Safety — Ensure public safety from trip-and-falls, or as one of you refers to certain
capital improvement projects -"Health and Safety'
There are many facets to Title II requirements — some more "easily identifiable" and
accommodated. They can include:
• Program accessibility— I have personally seen exemplary accommodation of portable ramps
in Town Council chambers. I also witnessed exemplary utilization of Oak Meadow parking
lot for handicapped individuals at this year's July 4th Celebration (great improvement over
the prior year). But what about private foundations using Town premises, e.g., Music in the
Park, Jazz in the Plazz, the Labor Day Dance? Do we have /need established policies for such
accommodations in the use of public property?
• Public Access. Facilities — We recently added ADA compliant bathroom facilities and
elevators at NUMU. Do we have a checklist for all public facilities owned and /or controlled
by the Town? Public right -of -ways — are they safe to travel?
• Effective Communications — Again, documentation of compliance?
• 911 Systems and Law Enforcement policies, practices and procedures — Again,
documentation of compliance?
I have looked at a lot of websites — I think the Department of Justice ( "DOJ ") link
http: / /www.ada- gov /comprob.htm provides a useful synopsis of the most common problems faced
by City (excuse me, I meant "Town ") Governments. The remainder of my comments relate to Public
Right -of -Ways, focusing on two critical areas requiring Comprehensive Transition Plans — not
because of complexity (other than how to pay for it) — but because of the prevalence of necessary
remedial action throughout the Town. Those areas are 1) Curb Ramps and 2) Sidewalks, Curbs and
Gutters.
Angelia M. Doerner — SaveOurHood @Yahoo.com Page 3
Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions
I will offer my comments on these areas in the following two sections, but first, here is a recap of
what constitutes a "Transition Plan ".
Components of A Transition Plan
(1) If structural changes to facilities will be undertaken to achieve program accessibility,
the Transition Plan shall set forth the steps necessary to complete such changes.
Opportunity must be given to interested persons, including individuals with disabilities
or organizations representing individuals with disabilities, to participate in the
development of the Transition Plan by submitting comments. A copy of the Transition
Plan shall be made available for public inspection.
(2) Regarding streets, roads, or walkways, a Transition Plan shall include a schedule for
providing curb ramps or other sloped areas where pedestrian walkways cross curbs,
giving priority to walkways serving entities including State and local government offices
and facilities, transportation, places of public accommodation, and employers, followed
by walkways serving other areas, e.g., residential.
(3) The Plan shall, at a minimum—
o (i) Identify physical obstacles in the public entity's facilities that limit the
accessibility of its programs or activities to individuals with disabilities;
o (ii) Describe in detail the methods that will be used to make the facilities
accessible;
o (iii) Specify the schedule for taking the steps necessary to achieve compliance
and identify steps that will be taken during each year of the transition period;
and
o (iv) Indicate the official responsible for implementation of the Plan.
In addition, I have reviewed the current Transition Plans for San Francisco and San
Jose (as well as several other cities scattered across the Country) and have found all
to include 1) a well- defined criteria for prioritization (dovetails with (3)(iii) above) and
2) a cost estimate for each corrective action.
Sample Plans and Web Materials
Obviously, our Town is shadowed by the size and nature of San Francisco and San Jose.
However, I found both Plans to be very informative and believe that incorporation of some
of the approaches from each of them would provide a huge jumpstart to development of
our Town's Transition Plan. In that regard, I offer the following two links for your future
perusal. http: / /www.sfgov2 org /ftpluploadedfiles /mod /RampSidewalk08 pdf and
https:// www .sanioseca.gov /DocumentCenter /View /244
Also, the following link provides a comprehensive Q &A About "ADA and Section 504" from
the U.S. Department of Transportation that I found to be very useful as to content and
clarity. http: / /www.fhwa. dot .gov /civilrights /programs /ada sect504ga cfm
Angelia M. Doerner — SaveOurHood @Yahoo.com Page 4
Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions
In the following two sections, I refer to certain Q &A Items affecting Curb Ramps and
Sidewalks /Curbs. Also, I trust that Town Staff is already familiar with various funding
opportunities, but Q &A #30 highlights what sources of federal funding is available for
pedestrian projects and programs and may provide a handy checklist.
Of particular interest in my research was the following two examples:
(1) From the SF Transition Plan — a "first step" was identifying right -of -ways and their
categorization as to relevant priorities. Streets could obviously be defined in relevant
"sections' where different criteria are met, e.g., level of pedestrian traffic within the
overall category. For example, Items in "9" have higher priority than Items in "10"
because, although the level of pedestrian traffic is low, the street section meets both
a "commercial district" and "Near School, Hospital..." where Items in "10" are only in
a commercial district but with a higher level of pedestrian traffic. Also note that "22
thru 24" are residential only— therefore prioritized primarily based on level of
pedestrian traffic. As an example, Johnson Ave. (with its street closure for Halloween)
would have a much higher priority than, say, Central Ave.
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Angelia M. Doerner - SaveOurHood @Yahoo.com Page 5
Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions
(2) From one of the Transition Plan templates available on the web —the following shows
components that may be included in the Plan with relevant descriptions.
Angelia M. Doerner — SaveOurHood @Yahoo.com Page 6
Town of Los Gatos — ADA/Liability Exposure and Mitigation Su
Curb Ramps
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AnAim M. Doerner - SaveOurHood@Yahoo.com Pa77
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AnAim M. Doerner - SaveOurHood@Yahoo.com Pa77
Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions
Obviously, there have been ADA requirements for Curb Ramps for a long time. However, there have
been relatively recent changes in such requirements (if you can call 2 years ago "recent ").
Therefore, I will focus on such changes. In response to my inquiries regarding statements made by
Town Staff in connection with a particular capital improvement project, Mr. Morley kindly provided
the following link to information on ADA and roadway design.
http: / /www dot ca gov /hgZoppd /dib /dib82 -05 pdf
This link is to Design Information Bulletin ( "DIB ") #82 -05 issued on and effective as of October 1,
2013 by the State of California Department of Transportation ( "DOT "). For my purposes in this
communication to you, the relevant Sections are 4.1 and 4.2. For simplicity sake, let's just say that
my interpretation of these Sections differed somewhat from that presented to you by Staff.
Consequently, I contacted the author of the Bulletin and discussed these relevant sections. After
some discussion, from which I determined that my interpretation was "on target ", he referred me
to Division of Local Assistance — Office Bulletin #DLA -OB 14 -02 —ADA Requirements for Curb Ramps
issued on March 17, 2014. 1 have attached a copy of this 2 -page Office Bulletin to my email
transmittal of this communication. #DLA -OB 14 -02 is a clarification of the joint "technical assistance
guidance" issued by the DOJ and Federal Highway Administration ( "FHWA ") in June 2013.
Basically, in my words, it's a clarification of the clarification of the original jointly - issued guidance
concerning requirements of installing or upgrading of curb ramps in connection with various levels
of road work. Of primary importance is that the Rubber Cape Seal process that our Town has
typically been using since at least 2012 is considered an "alteration" vs "maintenance" thereby
triggering the requirement of replacement of curb ramps to current ADA standards. In my opinion,
the "multiple clarification process" simply deferred application of the original DOJ /FHWA Technical
Guidance. An excerpt from #DLA -013 14 -02 states:
"For all resurfacing projects that will go out to bid for construction on or after July 1, 2014:
Alteration projects identified per the clarification provided in the Technical Assistance
guidance must incorporate required curb ramps. Any existing nonconforming curb ramps
within the project limits must be upgraded to comply with the current ADA Standards."
So, let's briefly revisit the plans and specifications approved and authorized to be bid in 061615
Council Meeting Agenda Item 13, Project 13 -7. As a refresher, these bids were opened on July 17,
2015, and were rejected pursuant to Item 8 on the Consent Calendar at the 080415 Council
meeting. The approved and authorized Project was a revised scope from the originally - presented
scope at an earlier Council meeting. The schedule of streets approved to be submitted for bids is
copied on the following page.
Angelia M. Doerner — SaveOurHood @Yahoo.com Page 8
Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions
Olitton 1 -Revised FY14 -15 Annua? Sfreet Rtpair and Resurfacing ano pa,ewent
fte4at7ittatdar -Crk Sea} Street List.
I provide the following Q &As from the document referred to on Page 4 (w /o authoritative
references):
19. Does a project altering a public right -of -way require simultaneous accessibility
improvements? Yes. An alteration project must be planned, designed, and constructed so
that the accessibility improvements within the scope of the project occur at the same time
as the alteration. The ADA does not stipulate how to perform simultaneous accessibility
improvements. For example, a public agency may select specialty contractors to perform
different specialized tasks prior to completion of the alteration project or concurrently with
an ongoing project.
20. When does the scope of an alteration project trigger accessibility improvements for people
with disabilities? The scope of an alteration project is determined by the extent the
alteration project directly changes or affects the public right -of -way within the project limits.
The public agency must improve the accessibility of only that portion of the public right -of-
way changed or affected by the alteration. If a project resurfaces the street, for accessibility
purposes the curbs and pavement at the pedestrian crosswalk are in the scope of the
project, but the sidewalks are not. Any of the features disturbed by the construction must be
replaced so that they are accessible. All remaining access improvements within the public
right -of -way shall occur within the schedule provided in the public agency's planning
process.
I am in a quandary as to why only 6 new Curb Ramps were included in the bid package.
Angelia M. Doerner — SaveOurHood @Yahoo.com Page 9
Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions
The "multiple- clarification process" may have provided our Town (and, assuredly, many
other municipalities) a reprieve from past sins relating to street projects performed during
the intervening period from June 2013 to July 1, 2014. However, I feel our Town would be
best served if the Transition Plan for Curb Ramps started with a self - evaluation of all streets
repaired in any fashion since June 2013 with determination as to "alteration" or
"maintenance" and what, if any, curb ramps should be considered for replacement.
Another observation is that, based on bids received for past Sidewalk, Curb and Gutter
projects and the bid most recently authorized (yet rejected), application of the clause above
in Q &A #19 — "..a public agency may select specialty contractors to perform different
specialized tasks prior to completion of the alteration project or concurrently with an ongoing
project..." may yield favorable budgetary results for our Town. Bids received from "Street
Companies" ranged as high as 40% more than bids received from "Sidewalk Companies" for
Curb Ramps of similar specifications.
Last note as to Curb Ramps — in the plans for the Annual Sidewalk, Curb and Gutter Project
approved by Council on 031715, curb ramps were to be constructed at certain corners on
Town Terrace. I had expected that such would have been prioritized at the "top of the list ".
Why? Because none currently exist— in an area of high density (apartment complexes),
where on my random drive - throughs, I see young children (many in strollers) and /or seniors
walking on the sidewalks. Yet — as of one week ago, they have still not been done. Instead,
existing curb ramps have been replaced in the San Benito and adjoining neighborhoods
which were not even included in the 031715 approved plans. In fact, those streets were also
not on the approved list for current resurfacing copied herein on Page 8.
IV. Sidewalks and Curbs
Given the materials shared thus far, I believe everyone can conceptualize what should be
incorporated into the Transition Plan for Sidewalks, Curbs and Gutters. Not unlike those of many
other municipalities who have not undergone development of a Transition Plan, remedial efforts in
this area have primarily been dictated by recorded complaints. In other words, "The squeaky wheel
gets oiled first.... ". However, even that philosophy is not handled consistently. I can refer to a
recent situation where someone called for the first time on a Monday and had the repairs (for a
relatively minor lift of a sidewalk seam) completed on the Thursday of the same week. But there are
many more cases where people have simply "thrown in the towel" on ever getting such risks
remedied by our Town.
The need for a well- thought -out Transition Plan is clear. I offer the following brief comments to
hopefully assist you in providing guidance in this regard.
• A Transition Plan must be fluid as new circumstances arise. However, a "Control Point' must
be established to ensure cohesiveness between Council direction and Staff - driven products.
Angelia M. Doerner — SaveOurHood @Yahoo.com Page 10
Town of Los Gatos — ADA/Liabi
ure and Mitigation S
• Stakeholder complaints or requests for repairs must still be given credence — but within an
established hierarchy of prioritization including disability issues of complainant, location,
level of pedestrian traffic and severity of "disrepair ".
• Costs from the last several bid cycles of such repairs have been relatively stable; estimates in
the Transition Plan should have a high level of validity — not a 15 or 20% change order
authority on top of a 15 or 20% "contingency ".
• Policies of requiring stakeholders to repair /reconstruct sidewalks, etc., before final sign -off
of significant remodels must be uniformly enforced. Trust me —they have not been in the
past.
• Parkway strips containing tree stumps pose significant risks — remedies including their
grinding and /or removal should be incorporated into the Transition Plan.
• Legal enforceability of provisions set forth in the newly- adopted "Tree Ordinances" should
be internally challenged to determine viability. If stakeholders abutting public right -of -ways
have no control over maintenance of trees on such publicly -owned property, and trees cause
uplifted or cracked sidewalks, broken curbs and gutters, etc., how can liability be transferred
to the stakeholder?
As volunteers in your positions, I know you are committed to "doing right" for individual Residents
and the Town as a whole. As a Resident, I feel it is my duty to offer input to assist you in those
endeavors. Thank you for your time in considering my thoughts and comments.
Angelia M. Doerner - SaveOurHood @Yahoo.com Page 11
Division of Local Assistance - Office Bulletin DLA -013 I4 -02 —ADA Requirements for Curb Ramps W.-, '
Office of Policy Development and Quality Assurance Issued - -March 17 2014 J
ADA Requirements for Curb Ramps
I. BACKGROUND
Expires — Upon Issuance ofLPP
Title II of the Americans with Disabilities Act (ADA) of 1990 requires that public entities,
including state and local governments, ensure that persons with disabilities have access to the
pedestrian routes in the public right of way. An important part of this requirement is the
obligation whenever streets, roadways, or highways are altered to provide curb ramps where
street level pedestrian walkways cross curbs. This requirement is intended to ensure the
accessibility and usability of the pedestrian walkway for persons with disabilities.
The United States Department of Justice (DOJ) and the Federal Highway Administration
(FHWA) released a joint technical assistance guidance (Technical Assistance) in June 2013
clarifying ADA Title II requirements to provide curb ramps when streets, roads, or highways are
altered through certain types of resurfacing treatments. This Technical Assistance
ht : / /www.$twa.dot eov /ci lriahts /pro�nams /doi fhwa to ctn) applies to al] State and local
government projects (not just Federal -aid projects). The Technical Assistance provides
clarification and addresses past inconsistency of interpretation by FHWA pertaining to a specific
type of roadway treatment being considered maintenance (not requiring the installation or
upgrade of curb ramps) or alteration (requiring the installation or upgrade of curb ramps) when
there is a pedestr an walkway with a prepared surface for pedestrian use and a curb, elevation, or
other burr er between the street and the walkway.
II. POLICY
Certain types of resurfacing treatments shall be considered an alteration that triggers the
requirement to add curb ramps if it involves work on a street or roadway spanning from one
intersection to another, and includes overlays of additional material to the road surface, with or
without milling. Crosswalks constitute distinct elements of the right -of -way intended to facilitate
pedestrian traffic. Regardless of whether there is curb -to -curb resurfacing of the street or roadway
in general, resurfacing of a crosswalk also requires the provision of curb ramps at that crosswalk.
The following roadway treatments shall be considered an alteration:
• Open - graded Surface Course
• Cape Seals
• Mill & Fill / Mill & Overlay
• Hot In -Place Recycling
• Microsurfacing / Thin Lift Overlay
• Addition of New Layer of Asphalt
• Asphalt and Concrete Rehabilitation and Reconstruction
• New Construction
Treatments that serve solely to seal and protect the road surface, improve friction, and control
splash and spray shall be considered maintenance because they do not significantly affect the
public's access to or usability of the road. The following types of treatments shall be considered
maintenance:
• Crack Filling and Sealing
• Surface Sealing
• Chip Seals
• Slurry Seals
Page I of 2
Filename: DLA -013 14- 022014 -03 -17 ADA.docx
Prepared by: RValluvan
Division of Local Assistance - Office Bulletin DLA -OB 14 -02 — ADA Requirements for Curb Ramps
Office of Policy Development and Quality Assurance Issued -- March 17, 3014`
F
• Fog Seals
• Scrub Sealing
• Joint Crack Seals
• Joint Repairs
• Dowel Bar Retrofit
• Spot High- Friction Treatments
• Diamond Grinding
• Pavement Patching
In some cases, the combination of several maintenance treatments occurring at or near the same
time may qualify as an alteration and would trigger the obligation to provide curb ramps.
A glossary of terns in the Technical Assistance can be found at:
http: / /www.ada eov /doi -f iwa- ta- alossa ly itm.
III. PROCEDURE
Diligent efforts should be made to comply with this clarification and the Local Agencies need to
ensure their internal programs and guidance conform to this guidance. Implementation of this
guidance should incorporate the following:
For all resurfacing projects that are scheduled to go out to bid for construction prior
to July 1, 2014: Projects may be completed as initially scoped without incorporating the
clarification provided in the Technical Assistance. Within the project limits, any curb
ramp improvements that are not seeped into the project and do not comply with the 1991
or current ADA standards will need to be listed it) the local agency's transition plan.
For all resurfacing projects that will go out to bid for construction on or after July 1,
2014: Alteration projects identified per the clarification provided in the Technical
Assistance guidance must incorporate required curb ramps. Any existing nonconforming
curb ramps within the project limits must be upgraded to comply with the current ADA
Standards.
Indefinite Delivery /Indefinite Quantity ("on-call") contracts: Contracts must be
immediately modified so future task orders reflect this clarification.
IV. APPLICABILITY/IMPACTS
This Office Bulletin applies to all transportation projects regardless of funding source. There may
be environmental and right of way impacts.
Recommended: Original Signed By
Rajalingam Valluvan, Assistant Process Review
Engineer
Approved: Original Signed By
Henry Wells, Acting Office Chief
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Pilen e:DLA- OB14- 022014- 03- 17ADA.doex
3/17/2014
Date
3/17/2014
Date
Prepared by: RValluvm