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HomeMy WebLinkAboutLEE, BRIAN H. -2013INSUR,ANCE NO ON FILE WM3424 WORK MAY NOT PROCEED CLARK OF COUNCIL 18 2013 CONSULTANT AGREEMENT (,'RfJ ? ?YnA ©? e PHIS AGREEMENT, made and entered into this I 1'h day of September, 2013 by and betaveen Brian H. Lee, Architect a sole proprietorship (hereinafter. "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain Certified Access Specialist (CASp) consulting services with special skill and knowledge in the field of disabled access compliance review. B. Consultant represents that Consultant is a Certified Access Specialist (CASp) and is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in his field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional CASp inspector. NOW THE, BEFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform an inspection and prepare two written reports related to the Bowers Museum facility; including parking facilities, under the guideline provisions for disabled access compliance as identified by the State of California Construction-Related Accessibility ,S`tandardr Compliance Act (SB 1608). The details and particulars are as set forth in Consultant's Proposal dated September 11, 2013, attached as Exhibit A to this Agreement, and incorporated by reference. 1 REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the City's Building Safety Manager, Gerald Caraig, and the representative of the Consultant shall be Brun. H. Lee. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective patties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute might to enter into and perform Agreement and will perform its obligations hereunder in accordance with standards and tices prevailing in the industry. Consultant's performance of the Compliance Review, rding works to be produced by Consultant hereunder, will not infringe or misappropriate the 6etary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the City Representative and Consultant. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, including its expenses, the sum of Four Thousand Two Hundred Fifty and no/1 00 dollars ($4,250.00) as compensation for the plan of work described in the Consultant's Proposal dated September 11, 2013, attached as Exhibit A to this Agreement. Payment by City shall be made within thirty (30) days following receipt of proper invoice with the last payment to be made upon completion of Final Report and Action Plan described in proposal. TERM This Agreement shall commence on the date first written above and terminate upon completion of work or on January 31, 2014, whichever is earlier, unless earlier terminated as set forth in Section 14, below. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a john venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall n and shall require its subcontractors, if any, to obtain and maintain insurance as ed below: a. Due to the nature of services provided Commercial General Liability Insurance is not b. Business automobile liability insurance, or equivalent form, with a combined single of not less than $2,000,000 per occiurence. Such insurance shall include coverage for d. hired and non-owned automobiles, c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement in a form approved by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant falls or refuses to produce or maintain the insurance required by this -tion or fails or refuses to furnish the City with required proof that insurance has been procured d is in force and paid for, the City shall have the right, at the City's election, to forthwith 'urinate this Agreement. Such termination shall not affect Consultant's right to be paid for its ze and materials expended prior to notification of termination. Consultant waives the right to :eive compensation and agrees to indemnify the City for any work performed prior to approval insurance by the City. INDEMNIFICATION Indemnication for Professional Liability. Where the law establishes a professional adard of care for Consultant's services, to the fullest extent permitted by law, Consultant shall emnify, defend and hold harmless the City, its officers, agents, and employees from and inst any and all losses, liabilities, damages, costs and expenses, including attorney's fees and is to the extent same are caused in whole or in part by any negligent or wrongful act, error or ission of Consultant, its officers, agents, employees or subconsultants in the performance of fessional services under this agreement. Indemnification for other than Professional Liability. Other than, in, the performance of fessional services and to the full extent permitted by law, Consultant shall indemnify, defend hold harmless City, its officers, agents, and employees from and against any liability .luding liability for claims, suits, actions, arbitration proceedings, administrative proceedings, ulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or :atoned, including attorney's fees and costs, court costs, interest, defense costs, and expert ness fees), where the same arise out of, are a consequence of, or are in any way attributable in whole or in part, the performance of this agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees, or subcontractors of Consultant. 4. CONFIDENTIALITY ff Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or ect, which would conflict in any manner with performance of services specified under this NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this rcnt shall be in writing and shall be deemed to be properly given if delivered in person or by first class or certified mail, postage prepaid, or sent by telefacsimile or other chic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 24 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1 9 8 8 telefacsimile (714) 647-6456 To Consultant: Brian Fl. Lee, Architect 3670 West Temple Avenue, Suite 193 Pomona, CA 91768 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid., and addressed as set forth above. If sent by tetefaesimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-lour (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and tsultant, and supersedes any and all other agreements, oral or written, between the parties. In event of a conflict between the terms of this Agreement and any attachments hereto, the as of this Agreement shall prevail. This Agreement may not be modified except by written rument signed by the City and by an authorized representative of Consultant. The parties ,e that any terms or conditions of any purchase order or other instrument that are inconsistent m, or in addition to, the terms and conditions hereof, shall not bind or obligate Consulamt or City. Each party to this Agreement acknowledges that no representations, inducements, nises or agreements, orally or otherwise, have been made by any party, or anyone acting on alf of any party, which are not embodied herein. ASSI{l1RtMI FNT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, dsultant may not assign, transfer, delegate, or subcontract any interest herein without the prior ten consent of the City and any such assignment, transfer, delegation or subcontract without City's prior written consent shall be considered null and void. Nothing in this Agreement 1 be construed to limit the City's ability to have any of the services which are the subject to Agreement performed by City personnel or by other consultants retailed by City. TERMINATION This agreement may be terminated immediately for cause, or without cause upon thirty days written notice delivered to the Consultant either personally or by mail. Upon iination City shall pay to Consultant that portion of compensation specified in the Agreement is earned and unpaid prior to the effective date of termination but in no event more than In the event Consultant fails or refuses to timely perform any of the provisions of this Agreement in the manner required, or if Consultant violates any provision of this Agreement, Consultant shall be deemed in default. City shall provide written notice of such default to Consultant. Consultant shall cure said default within a period of seven (7) worldng days. If such cure is not completed in a timely manner, City may terminate the Agreement forthwith by giving written notice to Consultant. City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. The Consultant may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require thirty (30) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, Consultant shall give the City thirty (30) working days to cure the alleged breach. 15. NONDISCRIMINATION AND COMPLIANCE WITH APPLICABLE LAWS Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defied and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities- Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Consultant shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. Consultant warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and `°orcement shall be governed and construed in accordance with the laws of the State of lifornia. This Agreement has been executed and delivered in the State of California and the idity, interpretation, performance, and enforcement of any of the clauses of this Agreement At be determined and governed by the laws of the State of California. Both parties further ree that Orange County, California, shall be the venue for any action or proceeding that may brought or arise out of, in connection with or by reason of this Agreement. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, , approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOtJS PROVISIONS Each undersigned represents and warrants by their signature herein below that they have the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shalt indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. This agreement may be executed and delivered in counterparts, each of which when. executed and delivered shall be deemed an original and of which together shall constitute the same agreement. Facsimile signatures will be permitted. IN WITNESS WHEREOF, the parties hereto have execute this Agreement the date and year first above written. ATTEST: CITY O ANA .-- MARIA D. I-R Z,AR / KEVIN O'ROURKE Clerk of the Council City Manager APPROVED AS TO FO : RECOMMENDED FOR APPROVAL: Edward S. aya Executive Director of Personnel Services 559-Q6-4020 Individual SS # 2013 Exhibit A EXHIBIT A PROFESSIONAL SERVICES PROPOSAL September 11, 2013 below, is the Proposal for Professional Services for the project as follows: For: Jose Sandoval, Chief Assistant City Attorney City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 LIMITED DISABLED ACCESS REVIEW Bowers Museum 2002 N. Main Street Santa Ana, CA act Description: )rding to the CITY, the project is located within the incorporated boundaries of the City of to Ana California (Orange County)_ The project involves an existing and operating cultural museum facility that was constructed in approximately 1939 and re-commissioned in 1992. CITY is seeking Certified Access Specialist (CASp) consulting services related to a bled access compliance review that is to be conducted in two phases. The Phase I review focus only upon the specific 32 items as addressed in the "Bowers Museum ADA ipliance List' (attached herewith). The Phase II review shall include the balance of the ers Museum facility. Two reports will be prepared by BhLA that address disabled access piiance concerns with the Phase I report limited to the specific 32 items referenced above the Phase 11 report shall be a comprehensive report including both items from Phase I and se It. Slope of Services: BhjLA shall perform a Limited Disabled Access Compliance Review of the above described facility that will be prepared under the guideline provisions for disabled access compliance as id6ritified by the State of California Construction-Related Accessibility Standards Compliance Act (California Senate Bill 1003). The review will be performed with the California Code of Regulations Title 24, 2013 California Building Code (effective January 1, 2014) and the Code of Federal Regulations Title III of the ADA, 2010 ADA Standards for Accessible Design (that became mandatory March 15, 2012). An evaluation report will be prepared that is a summation of compliance findings concerning access by the disabled community to the existing facility. Although options for compliance may be presented in the report, it is not the purpose of the document to provide specific solutions, construction designs or documents, physical layout, or construction services as may be required to remedy any deficiencies Client Initial _ BhtA Iniia Page 1 of 15 %MakingNobd1c /'fan.;' ExhibitA Each of these additional services may however be provided by BhLA since it is ly licensed in each of those areas and is capable to fulfill those portion of the scope separate agreement. for Service: fee for service shall be $4,250.00 unless the AGREEMENT is otherwise amended in 7a to include additional services. of Payments: is due upon receipt of invoice and is subject to the schedule of payments for services as follows: Upon delivery of Phase I Report Total of Services $ 2,125.00 4,250.00 ,le of Payments: it is due upon receipt of invoice and is subject to the schedule of payments for services d. For terms of contract extending beyond a thirty (30) calendar day period, BhLA shall a request for payment to the CITY on a monthly basis that describes BhLA's services d and the costs expended during the month. term for payment shall be net ten (10) calendar days. Payments delinquent net thirty (30) adar days shall bear interest at a rate of eighteen percent (18%) per annum compounded thly for the unpaid balance including accrued interest. The CLIENT shall pay BhLA for all :nses, including reasonable attorney fees, incurred in the collection of any payment due. edule for Service: ,in ten (10) business days of receipt of a written Notice to Proceed from the CITY, BhLA I commence services on the project. Upon commencement, BhLA shall diligently proceed shall complete the stated service within twenty-one days from commencement, liverable to Client: part of the Scope of Services, BhLA shall deliver" to the CLIENT the item(s) as follows: 4 Two bound copies of the Report "Cost of all reprographic, reproduction, digital imaging, scanning and similar costs associated with the designs and construction documents shall be reimbursed by the CLIENT to BhLA as noted in the Reimbursable Expenses section below. Ghent Initial _____ Bh[.A Initial Page 2 of 15 `Making No j ittlc Flans" 11, 2013 ExhibitA tional Services: services noted below are expressly not a part of the Scope of Services included in the EEMENT however they may, by further negotiation, be added through a written to the AGREEMENT as additional service(s); Architectural Design Services Construction Services • Re-inspection Services (as may be required after corrective actions are performed and further CASp determination is requested) Other Additional Services: The following other services are expressly not a part of the Scope of Services included in the AGREEMENT however they may be added through a written amendment to the AGREEMENT as additional service(s) at the rates listed in the Hourly Fee Schedule section below: • Expert Witness Services Hourly Fee Schedule: BhLA shall be compensated at the rates published below for the services listed in the Other Additional Services section above: • Principal Architect $185 / hour • Project Manager / Project Architect $165 I hour • Designer i Plans Examiner / CASp Inspector $145 / hour • Drafter / Field Inspector $125 / hour • Clerical $ 85 /hour • Expert Witness Services $285 / hour imbursable Expenses: addition to the Fee for Service quoted above, BhLA shall be reimbursed for out-of-pocket )arises associated with the performance of the review at the actual cost plus fifteen (15%) ,cent for administrative services including, but not limited to the items as follows: • Mileage (travel beyond 50-mile radius from BhLA's office shall be at standard IRS rate) • Travel Expenses (applicable to travel beyond 100-mile radius from BhLA's office) • Meals or Lodging (applicable to travel beyond 100-mile radius from BhLA's office) • Printing, reproduction, reprographic, digital images, scanning and similar costs • Postage or handling • Expense of overtime work directed by the City • Renderings, models, mock-ups, professional photography • Professional liability insurance (if requested) Taxes levied on professional services and on reimbursable expenses • Fees paid for securing approval of authorities having jurisdiction over the project • Cost of securing copies of public records or other documents Client Initial T BOLA initial Page 3 of 15 "AM,,?K N L,ttl,1-1rs' 1308N.SABOWERS.PSA ExhibitA September 11, 2013 sponsibilities of the Client: CITY shall provide to BhLA full information regarding the project including, but not limited the provision of any of the following information as may be deemed necessary for BhLA to nolete its work. • Records of existing conditions (i.e, site plans, floor plans, and any other civil, architectural, structural, mechanical, electrical, plumbing or other such plans) • Development standards requirements (zoning information) • Survey data (including boundary, topographic, physical improvement and/or grade elevations) • Other engineering or consultant services including, but not limited to, structural, mechanical, electrical, plumbing, fire protection, energy compliance or similar services as may be required by any agency having jurisdiction • Testing or inspection services • Legal title to the property (i.e. copy of the Grant Deed or similar document) BhLA reserves the ability to request the CITY to provide the above or other information if deemed necessary or if required by any agency having jurisdiction. The CITY shall be responsible to provide any and all information and to make decisions in a timely manner and allow reasonable access to the facility for the inspection review. The CITY shall further be responsible to provide timely responses to inquiries from BhLA and to make prompt payment for all professional services and reimbursable expenses. ertisin, Promotion and Use of Images: CITY shall agree to provide opportunity for BhLA to use the name of the project, project location, and the CITY°S name, and the use of any images photographic, or otherwise, as ed to BhLA`s sales and marketing whether it be through advertising, promotions or similar, al, printed or broadcast. Conditions: seal conditions and responsibilities under which BhLA shall perform services are as • BhLA has discussed with the CITY the benefits of use of survey equipment versus digital read-out levels for accuracy purposes and the CITY has expressed an interest in use by BhL4 of the levels only. Therefore, BhLA will in the course of its work use digital read-out levels only at this time. • BhLA shall be permitted to rely upon the information provided by the CITY and others providing information to BhLA as accurate and as real and reasonably reliable information. Where BhLA discovers discrepancies in the information, BhLA shall bring such discrepancy to the knowledge of the CITY for necessary action. Should BhLA incur additional cost for reliance upon such information determined to be faulty or otherwise in error, BhLA shall be entitled to recover any costs needed to correct documentation prepared by the BhLA however, only after such information is provided Client Initial BhLA Initial Page 4 of 15 °Makrngnlo LiHlc Plane' ExhibitA to the CLIENT, a reasonable time is provided for decision by the CLIENT and a written addendum is prepared and signed by both the CITY and BhLA concerning any additional services and/or fees. • BhLA shall have no responsibility for the assumed or actual means, methods, materials, scheduling, costs, quality or other such considerations as related to the project in the preparation of the plan review comments. ® BhLA shall have no responsibility for the presence, discovery, handling, removal, disposal or exposure of hazardous materials in any form or quantity of materials containing the following products including, but not limited to, asbestos, lead, mold, polychlorinated biphenyl (PCB's) or any other toxic or otherwise hazardous substance material. Proposal shall be valid for a period of thirty (30) calendar days from the date herein stated. September 11, 2001 May We Never Forget Ir Responders, Our Hero's? Client Initial _ BhLA Initial Page 5 of 15 "fi/f,kms No Lithe f'&757 11.2013 ExhibitA Bowers Museum ADA Compliance Dist & Exterior =re are 4 designated accessible parking spaces ("DAS") with 3 access aisles. Two of these spaces designated as "van accessible." 1. The DAS are inaccessible for the following reasons: a. The access aisles are too narrow (5', not 8' as required) b. The gravel is loose and not slip-resistant c. Surface markings (paint, signage) are not provided and/or faded d. There is no accessible path of travel from the DAS to the curb providing access to the public right of way at Whin street. 2. The Path of Travel ("POT") is inaccessible for the following reasons: a. The POT from the DAS to the public right of way has a slope exceeding 8% (anything more than 5% requires accessible handrails and other features of a ramp) b. The POT from the DAS to the public right of way has a cross-slope of 5.5% (exceeding the 2% maximum) c. The POT from the DAS to the curb has an change in level exceeding 1/2" d. Lip creates hazard. (See Photo). Client Initial BhU Initia lI&I Page 6 of 15 -Ahk-g Nc>LiHI& /'lansn 1308043A,BOWERS.PSA ExhibltA September 11, 2013 Path of Travel at Public Ri ht of ay 1. There is a 35" landing at the top of the curb ramp at Main and 20th street on the parking lot side of the street, instead of the required 48". 2. The curb ramp at Main and 20th street on the Museum side of the street has excessive slopes in the top of the curb ramp. See Photo below. 3. Signage from MC parking area directing persons to pathway is suggested. 4. The designated accessible parallel parking space on 20th street has a cross slope of 3.2%, and the path of travel from the designated accessible parallel parking space to the Museum entrance has multiple gaps longer and deeper than Ya". 5. The sidewalk leading from parking to the SW corner of 20th and Main has excessive cross-slopes in excess of 2%; will not press this issue? Correct. 6. Brick pathway leading to the bell tower entrance to the museum contains divots, and excessive slopes and cross slopes, Special attention should be paid to drainage areas where the slopes exceed 5%, and cross slopes exceed 4% grade. 7. Signage needed along 20th street to direct folks to Museum entrance and away from non-usable museum entrance. ciientlnitial_. BhtAlnitial Page 7 of 15 ?Nal in,5a No LittJc f?errs" L Slgnage needed in courtyard indicating location of handicap access ramp from courtyard to museum and restaurant. Review signage on west side of courtyard and change to indicate clearly that no HC entrance available on west side. Current signage located at east side of court yard not easily visible and too small. (See photo below) Place new sign in grass area? (See Photo below) C6enf Initial.,-, BhtA IntialPage & of 15 'Mafcing No Lamle t'&75 ?. 130804.SA.BOWERSYSA Exhibit A September 11, 2013 4. The brick path of travel to the small seating area bordering Main street inside the courtyard has excessive running slopes exceeding 5%, but no elements of an accessible ramp are present (i.e., accessible handrails, level landings, etc). 5. The brick path of travel to the small seating area bordering Main street inside the courtyard has excessive cross slopes (exceeding 3%) 6. Ramp on east side of courtyard needs to have handrails, wheel guards and leveled to ADA compliance. (See the 2 items above) 7. Counter in Museum gift shop exceed ADA height requirements: Add register and reconfigure counter to address this issue. Counters must be 36" wide by 34" height. S. Rugs in gift shop and other door entrances need to be tacked down. 9. Distinct eating areas located in museum courtyard and restaurant needs to have HC access for diners. Will require different type of tables than what is currently being used. Current tables have large metal bases that prevent wheelchair access. (See photo) Client Initial BRA Initial Pagge/ 9 of 15 -/y?alclnJP'( yo ?itZlc'??an6" 130ORSA.BOWERS.PSA Exhibit A September 11, 2013 10. The stairs to the entrance of the Museum from the brick courtyard lack contrast striping and there is no level landing (see below). The handrails provided are non-compliant -- replace with arraceihla hanrlraik. 11. Museum doors need to open at a 90° angle. 12. Museum door exceed pressure limits (5lbs pressure) for opening. 13. Museum door width less than 32" (29") 14. Steps leading from courtyard to outdoor dining need contrast markings. Handrails along steps too short; need extension (replace with accessible handralis). (see Photos below.) CRentlniflal_ BhLAlntia! Page 10 of 15 ,kin,P,-No Little flans„ 130804.SA80WERS.PSA ExhibitA September 11, 2013 Tan ata: 15. No lowered portion of the bar is provided. 16. Tables are not accessible. 17. The hostess counter is too high. 18. There are no accessible tables in the Tangata outdoor dining area. 19. Floor area leading into main entrance of museum exceeds maximum 2% cross-slope. (Approx. 3.4/) 20. Men's bathroom nearest to courtyard on east side of museum: Coat hook in HC stall should be lowered to 40" from floor. Soap dispensers too high and out of reach. Minimum level from floor is 40" measuring from bottom portion of soap dispenser. Suggestion: Move dispenser to furthest right of row of sinks and make that sink ADA compliant. Need to relocate trash receptor in order to provide access to paper dispenser. (See Photo) Client Initial _ BhLA Im6a1 Page 11 of 15 -%}lfaking No bitle Flans„ 130804.SA30WERS.PSA ExhibitA September 11, 2013 21. Toilet in accessible stall is too high. 22. Special attention to slope near drainage in the floor causing slope to exceed 2% grade. (See photo) 23. Women's bathroom: Need for ambulatory stall. If so, add handralls. Lacking mirror that is ADA compliant. Perhaps place full length mirror on wall as was the case in other bathroom. Again soap dispenser not accessible, move to right or left and lower dispenser to 40° from floor. Toilet in HC stall too high. Needs to be lowered by 1". Special attention to slope near drainage in the floor causing slope to exceed 2% grade. Pipes in women's bathroom need insulation to protect wheelchair users from burns. Client initial - BhLA Initial Page 12 of 15 `MaunsNn LLtle J'&-s" 130804.SA.BOWERS.RSA Exhibit A September 11, 2013 24. Ticket sales and information counters in interior of museum need to be ADA compliant: 25. HC stall door in Men's room located in Kennedy Wing of Museum needs to be self-closing. Fix. Need to lower HC stall door coat hook. 26. HC stall door in women's room located in Kennedy Wing of Museum needs to be self closing. Fix. Need mirror that is ADA compliant. Suggest full length mirror? Changing table amenity located in HC stall of women's bathroom is broken (will not close properly) and interferes with access. Suggestion: relocate outside of stall area. (See photo) Kershaw Auditorium 27. Slope issues on either side of auditorium. Consistently at 6%, exceeds 5%. Suggestion: remove HC seating in first row nearest screen and replace at rows nearest door entrance. Auditorium has 298 seats and therefore 5 HC seats are required. Need to provide seats allowing for a wheelchair user to transfer from their wheelchair to the theater seat. Client Initial _ BhLA initial Page 13 of 15 `/U(a?ing/?/o [ itf?e ?lar?s" Counters must be a minimum of 36" wide by 34" height. (See photo) 28. Excessive door pressure leading to astro-turf courtyard North Parking Lot 29. HC signs need to be increased in size for better visibility and raised to at least (80") from floor. Should indicate that parking is van accessible and arrows pointing to entrance. (deed compliant language per California Building Code) Client Initial - BhLA initial. Page 14 of 15 M9 kin,- No L 1 ttle flans y 130M.SA9QWERS.PSA ExhlbitA September 11, 2013 31. HC stalls in North parking lot too narrow (about 3-6 inches short) and have slopes up to 3.2% in the parking space and access aisles. AMMEMIKIM-4 "- fix: Keep doors propped open) Client initial- BhLA Initial tz- Page 15 of 15 ,,M,klng NoLittleflan5"