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ADA-CN150814July 13, 2015 Mr. Kenneth Griffin City of Coppell, Texas 255 Parkway Boulevard Coppell, TX 75019-9478 RE: ADA Transition Plan Dear Mr. Griffin: We are re -submitting our proposal with the inclusion of 100 miles of sidewalks and their associated unsignalized intersections. This fee will allow our team to complete the evaluation of 100 miles of your sidewalks. We will begin with arterials and complete representative samples in the neighborhoods divided out by age of the neighborhood. The exact locations that will be covered will be determined by the City in conjunction with the our team. This bid will include the use of technology to expedite the data collection process. It's called the PROWAP and allows accurate digital collection of the data. We included a picture of the device we will be using on page 16. This technology is similar to the'segway' we once discussed, but not as costly to use. We thank you for your confidence in Accessology and look forward to the opportunity to work with you on this project. Respectfully, Kristi J. Avalos President/CEO, Accessology =Accessology01 W. Louisiana St. • McKinney, Texas 75071 9 972.434.0068 Fax 972.874.9851 9 www.accessology.com TABLE OF CONTENTS I. Firm Data.................................................................................................2 II. Project Team / Resumes......................................................................... 4 III. Relevant Project Experience..................................................................10 IV. Methodology.......................................................................................15 V. Proposal Inclusion and Fees..................................................................20 IV. Certificates............................................................................................ 22 ZAccessology • 301 W. Louisiana St. • McKinney, Texas 75069 • 972.434.0068 Fax 972.874.9851 • www.accessology.com I. FIRM DATA A. Firm History Kristi J. Avalos founded Accessology in November 1990 as a direct result of her involvement in national disability related issues. Through various experiences in working with disability regulations, and the panic associated with full compliance to such regulations, the need for dependable compliance assistance was clear. Kristi participated in the development of a program for people to assess an "expert's" knowledge of compliance matters. Through this effort the need for a strategically linked national organization devoted solely to assisting businesses, state and local governments and agencies in the practical applications of regulatory compliance became apparent. Kristi began her efforts in the transportation arena helping airlines and airports comply with the Air Carrier Access Act (ACAA) after 12 years in the airline industry. She expanded to include ground transportation issues and facilities because of her close association with the Department of Transportation. In 1993, she broadened her services to include consulting on all disability regulations (state and federal) and provide clear and accurate training to help people understand their responsibilities under each regulation. In early 1995, Accessology added services to include architectural plan reviews and final inspections in Texas on behalf of the Texas Department of Licensing and Regulation (TDLR). Through this program construction documents are reviewed for compliance with the related sections of the Texas Accessibility Standards (TAS) and a comprehensive report is developed for the architect designing the project. In 1998 Accessology further broadened their path to help Title II entities understand their requirements under the ADA and what the role of the ADA Coordinator is and how to develop a transition plan. Training was the main focus at this point until 2003 when actually performing the Transition Plan Development work became one of the many services offered. In 2008 Accessology formed a team with Kimley Horn and Associates engineering firm to provide a more innovative approach to Transition Plan Development. There simply isn't a company that understands all aspects of traffic planning, civil engineering and costing as well as building assessments, programs, services and activities and hiring practices. By teaming with an engineering firm we are able to merge the expertise of two companies with vast knowledge in their areas of expertise into one streamlined approach Our alliance with Kimley Horn allows us to assist a municipality from conceptualization to final delivery of the Transition plan document and then into the implementation process. Most of the confusion associated with compliance with disability regulations stems from the application of the standards to a specific project, not the standards themselves. Our services ensure accurate and timely answers to very complex problems regarding full access. This allows our clients to concentrate on other important matters, with full confidence that all accessibility related issues are being addressed. As a team, we are proud to have been included on numerous multi-million dollar projects and transition plan projects and have been instrumental in providing accessibility compliance during all stages. We offer innovative approaches which encourage clients to exceed minimum standards, through our guidance, without adding additional costs. Where greater access is achievable, complaints and lawsuits are averted, and positive publicity is generated on the client's behalf. B. Firm Qualifications At Accessology we know access issues. Our President/CEO has been involved in disability issues for over 30 years and serves as an expert witness on access related legal cases. She is a sought after speaker/teacher and has a knack for using an upbeat approach to help others understand their responsibilities. Accessology, like Kimley Horn, works in all 50 states and has learned how important it is to understand the culture of each community when developing their approach to access issues. Besides ADA, a municipality also has responsibilities under Section 504 of the Rehabilitation Act of 1973. Accessology's approach is to help our clients understand all state and federal accessibility laws and we stay abreast of new legislation as it someoneis written. It takes . ..- AN Accessology • 301 W. Louisiana St. •McKinney, Texas 75069 • 972.434.0068 Fax 972.874.9851 • www.accessology.com full-time basis to remain proficient in both the letter and the spirit of the law. Accessology does just that. Access is our only business and we do it well. Much of our current work stems from the rise in ADA related lawsuits, and the need to address compliance for existing facilities and develop a plan to bring them into compliance. From a risk management perspective we draw on our extensive experience to create access solutions that not only comply with required standards, but exceed them when possible to help our client develop a positive marketing campaign. We believe in a creative, holistic approach to accessibility that showcases the benefits of compliance. This has resulted in local and national recognition in several projects to date. C. Teaming The Accessology team brings more expertise to transition plan development than any team we've met. There are many facets to developing a comprehensive Transition Plan document and it goes way beyond taking inventory of the sidewalk condition and curb ramps, although that is an important piece. A Transition plan looks at every aspect of community life and makes sure everyone in the community benefits. It ensures every citizen can pay their water bill, serve on City Council, walk to the store down the street and/or vote in the upcoming election. It brings the young and old together and honors each person regardless of their abilities. Access is used by and is provided for everyone. To ensure the exterior data is collected by experts, Accessology has teamed with Kimley-Horn to provide the sidewalk and intersection data collection and ensure all data collected is properly integrated into the City of Coppell GIS system. We start by facilitating a "kick off" meeting that helps clarify the goals and scope of work, looks at what has been done to date, and what is left to do. We look at planned construction activity and help the team members understand the daunting nature of the tasks ahead. We break the work into smaller, more manageable chunks and help each department understand their role. We orchestrate an approach that opens communication within the departments so conquering access becomes a city wide team approach and not just the responsibility of a single person. Every department is effected by the work to be done, so every department should have some responsibility in helping assure compliance is achieved. They understand the inner workings of their department much better than an outsider would so we make it easy for them to participate in their own compliance. Once the scope of work is determined, we set up the necessary teams to ensure our technology will interface with your GIS system so all data collected is put directly into a usable format for the client and set up our QA/QC systems. All of this is done before the facility/exterior evaluations to ensure the data collected is accurately presented. Then the evaluations begin. While the evaluation teams are working the programs, services, activities, grievance procedure, boards and commissions, hiring practices and emergency evacuation plans are being reviewed by another team, along with the design standards currently being used. This ensure we are finding the issues that need resolution, resolving them and helping everyone that is part of the process understand their responsibilities. Our clients have full control of all data collected and provide valuable input into the process to ensure the system we put in place speaks to the culture of the community. In short, our goal is to continue partnering with clients in the shared endeavor of creating access for all. Accessology 9 301 W. Louisiana St.. McKinney, Texas 75069 • 972.434.0068 Fax 972.874.9851 • www.accessology.com HCESSOLOG-9 City Project Manager Project Lead Kristi Avalos Project Engineer Brian Shamburger Project Manager Steven Lewandowski Project QA/QC Erin Eurek TechnicalTechnical Technical Team Team —III Team Sidewalks an ll -Facilities and Curb ramps Parks Programs, Services, Activities Accessology 9 301 W. Louisiana St. 9 McKinney, Texas 75069 • 972.434.0068 Fax 972.874.9851 9 www,accessology.com E C iZA L PROJECT LEAD Kristi J. Avalos President / CEO (Founder), Accessology Credentials/Certifications • Certified by the Texas Department of Licensing and Regulation for architectural plan reviews and final inspections • ICBO Accessibility/Usability specialist • More than 30 years at the vanguard of accessibility compliance and disability related issues Key Responsibilities • Leads efforts for Title II Entities to become compliant with applicable federal and state accessibility standards. • Provides local and national training to municipalities, architects, building owners, property managers, contractors and real estate brokers on local, state and federal accessibility standards • Principal consultant for accessibility assessments, which determine compliance with state and federal accessibility standards for existing facilities • Performs plan reviews and on-site inspections to determine compliance with the Texas Accessibility Standards • General oversight of technical determinations made by Accessology's Registered Accessibility Specialists • Provides expert witnessing on ADA, 504, FHA and ACAA legal cases • Leads company product development • Primary liaison with the United States Access Board, and other agencies and organizations that shape accessibility legislation and trends • Project manager for mid-size to large Plan Review / Inspection Projects Awards & Achievements • Arlington Mayor's Committee on People with Disabilities Award of Excellence for accessibility consulting on the new Dallas Cowboys Stadium, 2009 • Leadership Awards 1983, 1988, 1991, 1995 • Founder of the Ms. Wheelchair Texas organization • Former board member for Access to the Skies, an organization for safe and dignified air • travel for people with disabilities • Advocate Award from the Paralysis Society of America, 1992 • Facility Access Award, American Airlines, 1991 • President's Committee on Employment of People with Disabilities Award, 1991 01 5 PROJECT MANAGER Steven E. Lewandowski Senior Director of Project Management, Accessology Credentials /Certifications • Austin Community College, TX—AutoCAD Training Center— "Certified CAD Drafter" • Bachelor of Architecture, The University of Texas at Austin, Austin, TX, • Six years with the State of Texas Department of Licensing and Regulation, Austin, Texas • Certified by the Texas Department of Licensing and Regulation for architectural plan reviews and final inspections as a Registered Accessibility Specialist (RAS) Key Responsibilities • Technical lead for Transition Plan Development teams • Technical lead for accessibility standards • Senior Project Manager for accessibility assessments, which determine compliance with state and federal accessibility standards for existing facilities • Performs plan reviews and on-site inspections to determine compliance with the Texas Accessibility Standards • General oversight of technical determinations made by Accessology's Registered Accessibility Specialists • Manages the Austin project development plan [ZAccessology • 301 W. Louisiana St. • McKinney, Texas 75069 • 972.434.0068 Fax 972.874.9851 • www.accessology.com PROJECT ENGINEER Brian Shamburger Vice President/Sr. Associate, Kimley Horn Credentials/Certifications • Texas A & M, BS/MS, Civil Engineering/Transportation • Traffic Engineering specialist • Transportation Planning • ITS Design and Operations Key Responsibilities • Lead efforts for Title II Entities to become compliant with applicable federal and state accessibility standards, specializing in curb ramp, intersection and sidewalk evaluation and remediation • Project Manager overseeing public and private traffic engineering and transportation planning projects. • Principal consultant for accessibility assessments and transition plan development • Provides design solutions and costs associated with intersection and sidewalk remediation • General oversight of technical determinations made by exterior technical teams • Leads company product and technology development as it pertains to ADA Compliance Awards & Achievements • President (2011) of TexlTE (Texas District of the Institute of Transportation Engineers) • Institute of Transportation Engineers ITS America 01 F PROJECT QA/QC Erin Eurek Engineer, Kimley Horn Credentials/Certifications • Texas A & M, BS in Civil Engineering • Texas A & M, ME in Civil Engineering • Traffic Engineering • Transportation Planning • Traffic Signal and intersection design Key Responsibilities • Developed the software and technology needed for accurate evaluation of intersections, signalized intersections and sidewalk evaluations • Sets up GIS interface with client • Works with marketing group on the development of the transition plan document • Provides design solutions and costs associated with intersection and sidewalk remediation • General oversight of technical determinations made by exterior technical teams • Quality Assurance/Quality Control Awards & Achievements • Civil Engineering Women's Mentoring Group • Brazos Valley Section Institute of Transportation Engineers • Student Chapter Institute of Transportation Engineers • Student Chapter American Society of Civil Engineers [JZAccem ology • 301 W. Louisiana St. • McKinney, Texas 75069 • 972.434.0068 Fax 972.874.9851 • www.accessology.com ACCESSIBILITY CONSULTANT Ross Thomas Accessibility Specialist Credentials/Certifications • Certified by the Texas Department of Licensing and Regulation for architectural plan reviews and final inspection as a Registered Accessibility Specialist • B.S from University of North Texas Key Responsibilities • Facility and Park reviews, inspections and reporting • Technical advisor to field personnel • Files forms, papers and documents with governing authorities as necessary • Field research 01 III. RELEVANT PROJECT EXPERIENCE A. TRANSITION PLAN DEVELOPMENT PROJECTS: PROJECT City of Tulsa — Tulsa, OK Accessology and Kimley Horn & Associates were selected as the accessibility consultant team for the development of a City wide transition plan. The project was broken into several phases to accommodate budgetary constraints. This project had both an internal task force and an external task force represented by people with various disabilities. PROJECT Oklahoma Department of Transportation — Oklahoma Accessology and Kimley Horn & Associates were selected as the accessibility consultant team for the development of a state wide transition plan. This involved assessing hundreds of buildings, weigh stations, rest stops and welcome centers as well as thousands of intersections, signalized intersection and miles of sidewalk throughout the state of Oklahoma. This project included over 100 hours of training to all types of field personnel. PROJECT City of McKinney, McKinney, TX PROJECT City of Frisco, Frisco, TX Accessology was chosen as the accessibility consultant for the development of the City of McKinney's transition plan. In this capacity, Accessology has reviewed all of the programs, services and activities, provided training, technology development and consulting to the engineering and facilities departments as access issues arise. Accessology and Kimley Horn were chosen as the accessibility consultant team for the development of the City of Frisco's transition plan. This involved reviewing a portion of the city's inventory as well as all of their programs, services and activities to develop a comprehensive transition plan. "Accessology • 301 W. Louisiana St. • McKinney, Texas 75069 • 972.434.0068 Fax 972.874.9851 • www.accessology.com 3 PROJECT University of Texas, Austin Accessology was chosen as the accessibility consultant team for the development of the University's exterior elements and facility portion of the transition plan. This phase involved reviewing all exterior routes and access from the exterior routes to the entrances of each facility and all campus parking lots. This information is being used to develop and interactive map of accessible routes for students on campus with disabilities. PROJECT City of Midwest City, Midwest City, OK 01 Accessology and Kimley Horn were chosen as the accessibility consultant team for the development of the City's transition plan. This project involved reviewing buildings, parks, sidewalks, intersections, signalized intersections, programs, services, activities, employment practices and emergency evacuation procedures for the development of a comprehensive transition plan. 11 B. MUNICIPAL LARGE PROJECT CONSULTING PROJECTS: PROJECT Ellis County Courthouse PROJECT Collin County Justice Center The project consists of brand new construction of a Courts and Administration Building as well as renovation to an existing jail, a new parking garage, new parking lots, and general site improvements. Services include design consultation meetings, preliminary review of schematic design, design development, 50% CD, and 90% CD phases, preliminary on-site inspections, (phase I, II and III) final inspections. ��- Accessology was selected to provide access consulting for this $46 million new construction County Justice Center consisting of courtrooms, detention spaces and administrative functions. Services provided included 50% CD, and final CD review, mom preliminary on-site inspections, (phase I, II and III) and final inspections. Currently we are providing access consulting and services on a $32 million addition. PROJECT Las Cruses Federal Courthouse PROJECT Hunt County Courthouse Gregg County Courthouse Accessology performed accessibility consulting services for the project including review of all access design elements of the new courthouse at 50% CD, and 90% CD phases to ensure compliance with all federal, state and local codes and standards and site inspections to verify compliance during facility construction upon request. Accessology performed state required plan review and inspection services for Hunt County Courthouse, as well as 124th and 307th District Courts in Gregg County. Accessology • 301 W. Louisiana St. 9 McKinney, Texas 75069 9 972.434.0068 Fax 972.874.9851 9 www.accessology.com PROJECT City of Dallas The City of Dallas selected Accessology as the preferred accessibility consultant and provider for several projects, including: PROJECT City of Fort Worth • Oak Cliff Cultural Center • Dallas Public Library Renovation • Northwest Service Center (Dallas facility for the streets and sanitation department and maintenance facility) • Dallas North Tollway Extension • Dallas Zoo Renovation Accessology was selected as the preferred accessibility consultant and provider for several City of Fort Worth projects, including: • Fort Worth Museum of Science & History • City of Fort Worth Parks Project • Fort Worth Convention Center Renovation • Fort Worth Convention Center Parking Garage • Fort Worth Police Department • City of Fort Worth Water Department • Grove Street PROJECT City of Denton The City of Denton selected Accessology as the preferred accessibility consultant and provider for several projects, including: • South Branch Library Renovation • City of Denton Sidewalk Inspection and Repair • Denton Civic Center • Central Fire Station Accessology 9 301 W. Louisiana St. • McKinney, Texas 75069 • 972.434.0068 Fax 972.874.9851 • www.accessology.com PROJECT City of Fort Worth Parks Project Accessology was selected as the access consultant for the Fort Worth Parks Project. Services provided included consultation meetings, preliminary reviews of schematic design, design development, 50% CD, and 90% CD phases, preliminary on-site inspections, (all phases) and final inspections. PROJECT Park Projects Accessology served as the preferred provider for plan reviews and inspections at the following parks: • Andrew Brown Community Park East—Coppell, TX • Berkner Park Playground Renovation — Richardson, TX • City of Arlington Dog Park—Arlington, TX • Crowley Park Playground Renovation — Richardson, TX Foxboro Park Playground Renovation — Richardson, TX Fox Run Neighborhood Park— Fort Worth, TX Howard Moore Park—Arlington, TX • Keller Sports Park— Keller, TX • Limestone Quarry Park — Frisco, TX • Mark Twain Park Playground Renovation — Richardson, TX • Richland Park Playground Renovation — Richardson, TX • Woodhaven Grove Park Playground Renovation — Richardson, TX PROJECT Dallas Zoo Accessology was chosen to provide accessibility consulting for the 2004 renovation of the Gorilla Habitat at the Dallas Zoo. Consulting services provided included design consultation meetings, preliminary reviews of schematic design, design development, 50% CD, and 90% CD phases, preliminary on-site inspections, (phase I, II and III) and final inspections of the exhibit. "Accessology 9 301 W. Louisiana St. 9 McKinney, Texas 75069 9 972.434.0068 Fax 972.874.9851 • www.accessology.com 31 01 IV. METHODOLOGY This project is to prepare the Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan for the City of Coppell, Texas, including a review of facilities, programs, activities, and other related services provided by the City. The project will include a review of City facilities, parking lots, design and construction standards, intersections adjacent to City owned facilities, existing sidewalk inventory around City owned facilities, parks, documented public concerns, sponsored boards and commissions, policies and procedures. We have broken our process into a variety of steps to help our clients understand what will be happening throughout the entire process. Each step we recommend is identified below, and where they coincide with the steps and tasks requested in the RFP: Task I — Community and Staff Evaluation and Involvement A. Consultant shall provide options and recommendations regarding the involvement of staff and the community in the process of preparation of a self evaluation plan. B. Coordination and distribution of a questionnaire/ survey that would identify areas to provide the needs analysis for the self evaluation/ transition plan C. Facilitation of public/staff meetings to fully identify areas of City services/policies that require evaluation. Task II - Evaluation of Programs Review Programs, Procedures, and Policies. Document current programs, procedures, and policies related to the activities and services available to the public and correlate with barriers to access. The consultant will review the programs, services and activities offered by the City of Coppell and make determinations on which need further evaluation, following the procedures below. Staff Orientation Workshop. Meet with staff representing major program areas and orient them to the process that will be used to update and evaluate policies and programs, including the program services questionnaire. Produce staff workshop materials and handouts, conduct the staff orientation workshop, and prepare a report of action items resulting from the workshop. ADA Liaison Committee. Assist the Client in establishing an ADA Liaison Committee that will meet throughout the process of completing the self-evaluation and updating the Transition Plan, and will continue to meet and actively participate after the completion of this project. Program Services Survey. Evaluate the current level of program accessibility within each department by administering a program survey and/or conducting an in-person survey as necessary with Client staff. The survey will assist in evaluating current Client status regarding ADA requirements including eligibility requirements, participation requirements, facilities used, staff training, tours, transportation, communication, notifications, public meetings, the use of contracted services, purchasing, maintenance of accessible features, and emergency procedures. This will be determined at the kick-off meeting. Programs, Activities, and Services Interviews. Conduct departmental support interviews to confirm the status of policies and programs, and support the questionnaire process. 15 Review of Board and Commissions. The Consultant will review existing Boards and Commissions and their procedures in dealing with ADA accessibility requirements. Task III - Evaluation of Facilities Facilities Review. Facilities, Parks & Public Rights of Way Review. Consultant will establish survey teams which will conduct surveys based on forms developed by the Consultant in consultation with the Client. Facility data is captured electronically with information available electronically. Comprehensive reports are also provided to support transition plan development. Facilities Listing: Buildings — 20 buildings owned or leased by the Client will be included in this project. Parks —18 parks and trails will be included in this project. Signalized Intersections — Up to 33 City -maintained signalized intersections. The consultant will evaluate accessibility (i.e. curb ramps and sidewalks leading up to each intersection) and adequacy of signage. Pedestrian Access, Public Rights of Way — The proposal includes doing sidewalks along the arterials, up to 100 linear miles of sidewalk. All unsignalized intersections and driveways along this sidewalk will be evaluated using a technology called the PROWAP (pictured below). This device allows continuous data collection using a NASA designed gyroscope. Data is manipulated directly into the City GIS system. Accessology • 301 W. Louisiana St. • McKinney, Texas 75069 • 972.434.0068 Fax 972.874.9851 • www.accessology.com 3. Task IV - Actions Steps and Timeliness Survey Data Report. The Consultant will create a separate survey and cost report for each facility type. Each survey report will identify compliance status of each facility with regards to both federal and state standards and include the following: • Listing of facilities that are in compliance with current standards. • Listing of facilities that are not in compliance with current ADA requirements. • Recommended actions to resolve non-compliance issues for each facility. • Prioritized list of improvements using criteria developed by the Consultant and Client staff. • "Cost report" that assigns conceptual budget estimates to each recommended action. • Photo log summary for each facility. Upon delivery of facility reports, the consultant will produce a report identifying all above information in a typed and electronic Microsoft Word format. Website analysis. The consultant will oversee an analysis of city website information services including links and .pdf documents attached to the City website. Task V - Other Support Activities Item 1— Project Management The Consultant will maintain project records, budgets, and communications for the duration of the project. The Consultant will prepare a project schedule and update it on a weekly basis. The Consultant will prepare biweekly progress reports. The Consultant anticipates biweekly calls between the Consultant's Project Manager and the designated Client staff to review the status of tasks and to keep the schedule current. Item 2 — Project Kick-off Meeting Meet with Client staff to introduce the proposed project tasks and schedule. The proposed method for prioritizing barrier removal projects identified during the self-evaluation task will be presented. The Consultant will coordinate with Client staff to identify and obtain all necessary documents and materials to support the self- evaluation process and facility evaluation survey. This will include a list of all Client sponsored programs and Client leased and owned facilities to be included in the project. This meeting will satisfy the requirements of Task I A, identified above. Item 3 — Development of Committees / Workshops Staff Orientation Workshop. Meet with staff representing major program areas and orient them to the process that will be used to update and evaluate policies and programs, including the program services questionnaire. Produce staff workshop materials and handouts, conduct the staff orientation workshop, and prepare a report of action items resulting from the workshop. ADA Liaison Committee. Assist the Client in establishing an ADA Liaison Committee that will meet throughout the process of completing the self-evaluation and updating the Transition Plan, and will continue to meet and actively participate after the completion of this project. Accessology 9 301 W. Louisiana St. 9 McKinney, Texas 75069 17 Facilitate Public Workshops. The Department of Justice requires that public entities that are engaging in an ADA Transition Plan process include "appropriate consultation with individuals with disabilities" as part of this process. The Consultant will facilitate a public workshop for the Client to review the Draft Self -Evaluation and Transition Plan. The Consultant will prepare outreach materials, conduct the workshop, and prepare a brief summary of the workshop to highlight action items. Item 4—Transition Plan Development Coordinate with Client staff in the development of a strategy for developing the Transition Plan, including a review of Client ordinances, design policies and design standards related to curb ramps and sidewalks. Identify issues which should be addressed to confirm that policies are nondiscriminatory to people with disabilities. Review Current Design Standards. The Consultant will review the current Client design standards for compliance with the ADA, PROWAG, MUTCD and UFAS (504) and applicable state laws Develop the Evaluation Process. Assist the Client in developing a process and format to evaluate the accessibility improvements identified in Task 3, utilizing prioritization and evaluation criteria. Existing evaluation methodology will be analyzed and recommendations made for necessary improvements. Recommend prioritization criteria. Assist the client in creating a prioritization schedule and an implementation schedule for accessibility improvements. Prioritize the accessibility improvements by facility type and severity, providing cost estimates for the recommended modifications. Evaluate and make recommendations on exceptions or exemptions that may apply under the terms of the ADA. This may include exemptions related to structures of historic significance, alterations affecting the fundamental nature of a service, activity or program under financial and administrative burden, or structural changes. Define an ongoing budget needed for ADA modifications. Potential funding sources will be researched and recommended to most effectively achieve compliance. Item 5 — Documentation Prepare a plan summary document that will serve as a resource guide for Client staff. Draft Self -Evaluation and Transition Plan. Based on the self-evaluation and facility compliance assessment, the Consultant will prepare a draft Self -Evaluation and Transition Plan for the Client. The plan will include: • An executive summary which will describe the project purpose, process, and most significant findings; • A review of policies and summary of recommendations for improvement will be provided as described in Task 3; • A phased schedule with cost estimates for the removal of facility barriers that cannot be resolved through relocation of services, the provision of auxiliary aids, or equivalent facilitation; and • The Consultant will provide two (2) reproducible hard copies and an electronic copy in Adobe PDF format to the Client. Accessology • 301 W. Louisiana St. • McKinney, Texas 75069 9 972.434.0068 Fax 972.874.9851 • www.accessology.com 3 Final Self -Evaluation and Transition Plan. Following review by the Client and relevant community review of Draft Plan, the Consultant will incorporate comments and prepare the Final Plan for presentation. Item 6 — Staff Training Accessology is known world-wide for our training classes on access related issues. As part of this contract we are please do conduct two (2) staff training sessions (up to twelve (12) hours) in providing accessible programs, activities, and services. The training can include disabilities etiquette, technologies, and procedures that can assist Client staff in providing services to people with disabilities as well as the technical information necessary to know where the risk factors are in terms of litigation. The City is welcome to invite contractors, architects and developers to the technical training to ensure they understand the highest liability issues of both design and construction and are prepared to design and construct in compliance with the federal requirements. Item 7 — Meetings Progress meetings. Up to three (5) monthly progress meetings with Client staff and the newly created ADA Liaison Committee. City Council. One (1) City Council meeting to introduce the project and present the Draft Self -Evaluation and Transition Plan. Miscellaneous Meetings. Up to two (2) teleconference meetings with various project stakeholders Schedule: The Consultant will provide its services as expeditiously as practicable and work with the Client to develop a mutually agreeable schedule. Deliverables: The Consultant will deliver the following materials to the Client in binder and electronic format: • Self Evaluation recommendations including proposed procedures and forms; • Draft Self Evaluation Report in binder and electronic formats at about 75% completion of project; • Final Self Evaluation Report in binder and electronic formats; • Final Barrier Assessment Checklists for all City Buildings, Parks and Open Space, and Public Rights -of - Way subject to the requirements of ADA in binder and electronic formats; • Final ADA Access Compliance Assessment Reports for City Buildings, Parks and Open Space, and Public Rights -of -Way subject to the requirements of ADA in binder and electronic formats; • Public Participation and Outreach Program; • Public meeting agendas and minutes; • Draft "ADA Self Evaluation and Transition Plan" submitted in binder and electronic formats; • Final "ADA Self Evaluation and Transition Plan" submitted in binder and electronic formats; • Final format for project Database and Map — electronic file(s); and • Consultant shall attend at least two (2) City Council meetings to present the draft and final ADA Self Evaluation and Transition Plan" for review and adoption. 01 V. PROPOSAL INCLUSION AND FEES The following facilities are included in this proposal. Each will be reviewed for compliance with a report provided as described in Section III above. Municipal Facilities - 22 buildings: Parks —18 Parks and trails Parking Structures — All lots associated with Parks and Buildings Pedestrian Access — Sidewalks —100 Miles Signalized Intersections/curb ramps — Up to 33 The Consultant will evaluate accessibility (i.e., curb ramps and sidewalks leading up to each intersection) and adequacy of signage. Unsignalized Intersections/ curb ramps —All unsignalized intersections and driveways along the sidewalk will be evaluated. Programs, services, activities — 33 Departments 10 Boards and Commissions Emergency Evacuation Program Website evaluation CAccessology 9 301 W. Louisiana St. • McKinney, Texas 75069 9 972.434.0068 Fax 972.874.9851 • www.accessology.com 01 Fee and Expenses The Consultant will perform the services in Tasks 1— 7 for lump sum fee described below. All permitting, application, and similar project fees (if applicable) will be paid directly by the Client. TASK # DESCRIPTION 100% FEE #1 Project Management $40,600 #2 Project Kick -Off Meeting $5,000 #3 Self -Evaluation: Buildings/Facilities $22,500 Parks/Trails oversight $21,750 Programs, services, activities $28,800 Signalized Intersections (up to 33 signalized intersections) $21,500 Unsignalized Intersections (included below) $100,400 Sidewalk Evaluations (up to 100 linear miles of sidewalk) $134,400 #4 Transition Plan Development $40,200 #5 Documentation $39,800 #6 Staff Training $25,000 #7 Meetings $22,500 PROJECT TOTAL $502,450 Total Fee $502,450 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of receipt of invoices. 21 IV. CERTIFICATES iVA Women -Owned Business 0 e Enterprise Certification ticrih ie+JyTra,-r��.d {eriS�Grn Alenct a .� I,7'.4-1 Accessology Too, LLC ':e _ Woman -Owned Business Enterprise ` bm riled with the Agency an.�ltndasit au dermwt by NM- CA MAVIIE Mkir d ft—dura and h hereby cmitio J to li—Id, aeriin r-lt in.he roll4ning ureal: 5411511', Adtnmstratwe Mangement and General Management Comuttinc Services; This Certification is valid bsylining May ?.013 and superseded any realstratlon or listing previously issued. This cenlilation most ae updated i mnualh- by submission of an Almost UpdateAtlidavit..At any $lute them is a chaage in ownership or control of the firm. notification must be made Immcdiutel; to the North Contra) Tess% Regional Cortificetiun Agcacy. Certificate expiration May 20�_ Cerlifieallo dmC inistrrlor Issued date May ,20 13 CEkTii1CATION NO. WFWB57472NO514 Accessology as, 301 W. Louisiana St. 9 McKinney, Texas 75069 9 972.434.0068 Fax 972.874.9851 • www.accessology.com City of Austin Small and Minority Business Resow-ces Department certifies that Accessology Too, LLC sleets all the criteria established by the City or Austin Minority -Owned and Women -Owned Business Enterprise Procurement Program, and is certified as a Women -Owned Business Enterprise with the City or Austin. 40Q--, EXPIRATION DATE: o711et201a Veronica RrioePon Lorn, Director t'crrifcation is %Ald for Mute years, trontiogcut ulxm the Ciit Small and Minority tiusinem Resources Department receiving on affidavit of continued eligibility each year. Verification of eertlficatfon statai can he obtalned by calf ng 512.974.7645. CITY'S VENDOR CODE; ACC8314409 01 23 CERTIFICATE OF CERTIFICATION BUILDING RESOURCES IN DEVELOPING AND GROWING ENTERPRISES (BRIDGE) THIS ACKNOWLEDGES AND RECOGNIZES THAT Accessology Too, LLC IS CERTIFIED BY THE CITY OF TULSA HUMAN RIGHTS DEPARTMENT As A WOMAN -OWNED AND CONTROLLED BUSINESS DR. MICIIAELSMITH ' Interim Director Human RighitDepartment Control Numbert 379 I—Ranco Delft June 3, 2613 Expiration Deter June 3, 2014 cmf or QTUIsa A 4*4cw KW- of lbcrgc Accessology • 301 W. Louisiana St. 9 McKinney, Texas 75069 9 972.434.0068 Fax 972.874.9851 • www.accessology.com Project Understanding & Approach The City of Coppell would like to complete a city wide transition plan as defined by the Americans with Disabilities Act of 1990, Title II. Because the City has seen significant growth and has made many changes to the city's programs, services and activities and understands what has been more clearly defined by the ADA, the proposal addresses a comprehensive Self -Evaluation process, culminating into a newly drafted ADA Transition Plan document. The project is to prepare the Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan for the City of Coppell, Texas, including a review of facilities, programs, activities, and other related services provided by the City. The project will include a review of City facilities, parking lots, design and construction standards, signalized intersections, existing sidewalk inventory, parks, documented public concerns, sponsored boards and commissions, policies and procedures. This proposal includes an inventory of the city owned facilities, parks, programs, services and activities offered to citizens of Coppell. The city will provide plans, when possible, to allow the consultant to identify key buildings, the exterior sites such as parking lots, playgrounds and pedestrian access leading to those buildings, an inventory of major arterial roads leading north, south and east west near key sites identified and downtown district blocks, whose boundary is heavily trafficked with pedestrian use. Access to services and programs, the volume of use/traffic at key sites, past grievances, age of facilities, previously identified compliance issues, etc. were criteria used to identify the highest priority areas. The targeted top priority sites for review include: Facilities There are a total of 17 buildings not associated with parks, which will be evaluated. All buildings located within each park boundary will be evaluated as part of that park. Facilities not associated with the parks include: Up to 20 buildings: Town Center Justice Center Library Biodiversity Nature Center Fire Station 121 Fire Station 122 Fire Station 123 Village Parkway Arts Center Elevated Tower Animal Shelter Service Center Elevated Tower Aquatic/Rec Center Community and Senior Center Columbarium Town Center Business Park Additional Building to be named Additional Building to be named Additional Building to be named Parks: 18 Parks Allen Road Park Andrew Brown Park Central Andrew Brown Park East Kid Country Playground Andrew Brown Park West Denton Creek Park Grapevine Creek Park Grapevine Springs Park Hunterwood Park MacArthur Park Waggin' Tails Dog Park Magnolia Park Moore Road Park Riverchase Park The Duck Pond Park Thweatt Park Villawood Linear Park Wagon Wheel Park Woodhurst Linear Park Additional Park to be named Pedestrian Access — sidewalks, intersections/curb ramps, pedestrian pathway: 33 Signalized Intersections: 100 Miles of Sidewalks: Programs, services, activities Up to 10 Boards and Commissions Up to 33 Departments Employment practices Emergency Planning Community interaction Development of Citizen Advisory Board Park program review Website review Building Codes Engineering Detail (under General Construction) The Project Scope of Professional Services discusses the objectives and tasks proposed for the City of Coppell's Self Evaluation & ADA Transition Plan, to start immediately upon contract execution. A project timeline is included which outlines an August 2015 start date through project completion of May 2016. See Attachment A for additional contractual agreements. Project Scope of Professional Services Task 1— Proiect Management 1.1 The Consultant will maintain project records, budgets, and communications for the duration of the project. 1.2 The Consultant will prepare a project schedule and update it on a monthly basis. 1.3 The Consultant will prepare bimonthly progress reports. 1.4 The Consultant anticipates biweekly calls between the Consultant's Project Manager and the designated Client staff to review the status of tasks and to keep the schedule current. Task 2 — Project Kick-off Meeting 2.1 Meet with Client staff to introduce the proposed project tasks and schedule. The proposed method for prioritizing barrier removal projects identified during the self-evaluation task will be presented. The Consultant will coordinate with Client staff to identify and obtain all necessary documents and materials to support the self-evaluation process and facility evaluation survey. This will include a list of all Client sponsored programs and Client leased and owned facilities to be included in the project. Task 3 — Self -Evaluation 3.1 Review Programs, Procedures, and Policies. Document current programs, procedures, and policies related to the activities and services available to the public and correlate with barriers to access. The list of current programs, procedures, and policies that will be evaluated was included on page 2 above: 3.2 ADA Liaison Committee. Assist the Client in establishing an ADA Liaison Committee that will meet and carry key responsibilities throughout the process of completing the self-evaluation and updating the Transition Plan, and will continue to meet and actively participate after the completion of this project. 3.3 Staff Orientation Workshop. Meet with staff representing major program areas and orient them to the process that will be used to update and evaluate policies and programs, including the program services questionnaire. The ADA Liaison Committee will play an active role in helping to define which city staff will participate in the orientation workshop. Consultant will produce staff workshop materials and handouts, conduct the staff orientation workshop, and prepare a report of action items resulting from the workshop. 3.4 Program Services Survey. Evaluate the current level of program accessibility within each department by administering a program survey and/or conducting an in-person survey as necessary with Client staff. The survey will be distributed electronically and will assist in evaluating current Client status regarding ADA requirements including eligibility requirements, participation requirements, facilities used, staff training, tours, transportation, communication, notifications, public meetings, the use of contracted services, purchasing, maintenance of accessible features, and emergency procedures. The results of this survey will determine the need for departmental interviews. 3.5 Programs, Activities, and Services Interviews. Conduct departmental support interviews, as necessary, to confirm the status of policies and programs, and support the questionnaire process. 3.6 Review of Board and Commissions. The Consultant will work through appropriate city staff liaisons to generate a basic survey that will review existing Boards' and Commissions' procedures in dealing with ADA accessibility requirements. This survey will be distributed electronically to all responsible departments for completion and will be the basis set for departmental interviews. 3.7 Facilities, Parks & Public Rights of Way Review. Establish survey teams which will conduct surveys based on forms developed by the Consultant in consultation with the Client. All survey data will be compatible with the Client's existing Geographic Information System (GIS). Facility data is captured electronically with key information transferred to a point within your GIS system. Comprehensive reports are also provided to support your transition plan. 3.7.1 Facilities Listing 3.7.1.1 Buildings —The buildings owned or leased by the Client that will be included in this project are listed on page 1 of this document. 3.7.1.2 Parks —The parks that will be included in this project are listed on page 2 of this document. 3.7.1.3 Pedestrian Access, Public Rights of Way A. Develop Field Data Collection Validation Tool: Consultant will develop and or modify field ready electronic forms that will be integrated into the field data collectors. Multiple forms will be developed and or modified to optimize the different types of pedestrian facilities within the right-of-way. Consultant will provide necessary tools to complete these tasks. B. Perform Pedestrian Facilities & Right -of -Way Surveys: Consultant staff will perform all field data collection efforts within the described project limits. Consultant field data collection staff will be downloaded and posted to the project database developed by the Consultant. The Consultant will review field data collected and analyze suspect facilities and determine if additional investigation is needed. C. Project Management & QA/QC: The Consultant will provide the City of Coppell's Project Manager with monthly updates on the progress of surveys, schedule and budget updates. The Consultant will perform field rechecks on a sampling of the field data to confirm compliance. Suspect facilities will be investigated by the Consultant for re -surveying. 3.8 Survey Data Report. The Consultant will create a separate survey and cost report for each facility type. Each survey report will identify compliance status of each facility with regards to both federal and state standards and include the following: • Listing of signalized and unsignalized intersections and sidewalk segment that are in compliance with current standards. • Listing of signalized and unsignalized intersections and sidewalk segment that are not in compliance with current ADA requirements. • Recommended actions to resolve non-compliance issues for each signalized intersection and sidewalk segment. • Prioritized list of improvements using criteria developed by the Consultant, Client, and City. • "Cost report" that assigns conceptual budget estimates to each recommended action. • Photolog summary for each signalized and unsignalized intersection and sidewalk issue. • Catalog of signalized and unsignalized intersection and sidewalk data compatible with the City's existing GIS databases (including mapping of the various facility types). B. Project Management and QA/QC Reporting: The Consultant will conduct quality control review of field data and post processing using automated data processing routines and manual spot checks. Anomalies, missing data or errors found will be fed back to Consultant Field Data Manager for recollection. Completed field data will be compiled onto GIS database and readied with recommended alternative access solutions and preliminary cost estimates. The Consultant will provide Monthly Progress Reports to the City of Coppell. Task 4 —Transition Plan Development 4.1 Coordinate with Client staff in the development of a strategy for developing the Transition Plan, including a review of Client ordinances, design policies and design standards related to curb ramps and sidewalks. Identify issues which should be addressed to confirm that policies are nondiscriminatory to people with disabilities. 4.2 Review Current Design Standards. The Consultant will review the current Client design standards for compliance with the ADA for both buildings and public rights of way. Consultant will review the City of Coppell's current standards, details and specifications as it pertains to pedestrian facilities within the right-of-way relative to 2010 ADA, PROWAG, and other nationally accepted accessibility guidelines. Findings and recommendations will be incorporated into ADA Self Evaluation Report & Transition Plan. 4.3 Develop the Evaluation Process. Assist the Client in developing a process and format to evaluate the accessibility improvements identified in Task 3, utilizing prioritization and evaluation criteria. Existing evaluation methodology will be analyzed and recommendations made for necessary improvements. 4.4 Recommend prioritization criteria for creating an implementation schedule for accessibility improvements. 4.5 Prioritize the accessibility improvements by facility type and severity, providing cost estimates for the recommended modifications. 4.6 Evaluate and make recommendations on exceptions or exemptions that may apply under the terms of the ADA. This may include exemptions related to structures of historic significance, alterations affecting the fundamental nature of a service, activity or program under financial and administrative burden, or structural changes. 4.7 Define an ongoing budget needed for ADA modifications. Potential funding sources will be researched and recommended to most effectively achieve compliance. 4.8 Facilitate Public Workshop. The Department of Justice requires that public entities that are engaging in an ADA Transition Plan process include "appropriate consultation with individuals with disabilities" as part of this process. The Consultant will facilitate a public workshop for the Client to review the Draft Self -Evaluation and Transition Plan. The Consultant will prepare outreach materials, conduct the workshop, and prepare a brief summary of the workshop to highlight action items. Task 5 — Documentation 5.1 Prepare a plan summary document that will serve as a resource guide for Client staff. 5.2 Draft Self -Evaluation and Transition Plan. Based on the self-evaluation and facility compliance assessment, the Consultant will prepare a draft Self -Evaluation and Transition Plan for the Client. The plan will include: An executive summary which will describe the project purpose, process, and most significant findings; A review of policies and summary of recommendations for improvement will be provided as described in Task 3; A phased schedule with cost estimates for the removal of facility barriers that cannot be resolved through relocation of services, the provision of auxiliary aids, or equivalent facilitation; and • The Consultant will provide two (2) reproducible hard copies and an electronic copy in Adobe PDF format to the Client. 5.3 Final Self -Evaluation and Transition Plan. Following review by the Client and relevant community review of Draft Plan, the Consultant will incorporate comments and prepare the Final Plan for presentation. Task 6 —Staff Training 6.1 Conduct staff training sessions (up to twelve (12) hours) in providing accessible programs, activities, and services. The training can include disabilities etiquette, technologies, and procedures that can assist Client staff in providing services to people with disabilities as well as the technical information necessary to know where the risk factors are in terms of litigation. Any request to record, videotape, or reproduce any of the training materials with the intent to train additional Client staff, consultants, and contractors will be considered additional services. The City is welcome to invite contractors, architects and developers to the technical training to ensure they understand the highest liability issues of both design and construction and are prepared to design and construct in compliance with the federal requirements. Task 7 — Meetings 7.1 Progress meetings. Up to five (5) monthly progress meetings with Client staff and the newly created ADA Liaison Committee. 7.2 City Council. Two (2) City Council meetings, one (1) for contract approval and one (1) to introduce the project and present the Draft Self -Evaluation and Transition Plan. 7.3 Public Works Committee Meeting. One (1) Public Works Committee meeting to introduce the project prior to approval by City Council. 7.4 Miscellaneous Meetings. Up to two (2) teleconference meetings with various project stakeholders Schedule: The Consultant will provide its services as expeditiously as practicable and work with the Client to develop a mutually agreeable schedule in accordance with Attachment A of this document. Deliverables: The Consultant will deliver the following materials to the Client: 1. Self Evaluation recommendations including proposed procedures and forms; 2. Draft Self Evaluation Report in binder and electronic formats at about 75% completion of project; 3. Final Self Evaluation Report in binder and electronic formats; 4. Final Barrier Assessment Checklists for all City Buildings, Parks and Open Space, and Public Rights -of - Way subject to the requirements of ADA in binder and electronic formats; 5. Final ADA Access Compliance Assessment Reports for City Buildings, Parks and Open Space, and Public Rights -of -Way subject to the requirements of ADA in binder and electronic formats; 6. Public Participation and Outreach Program; 7. Public meeting agendas and minutes; 8. Draft "ADA Self Evaluation and Transition Plan" submitted in binder and electronic formats; 9. Final "ADA Self Evaluation and Transition Plan" submitted in binder and electronic formats; 10. Final format for project Database and Map — electronic file(s); and 11. Consultant shall attend at least two (2) City Council meetings to present the draft and final ADA Self Evaluation and Transition Plan" for review and adoption. ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Fee and Expenses The Consultant will perform the services in Tasks 1— 7 for lump sum fee described below. All permitting, application, and similar project fees (if applicable) will be paid directly by the Client. TASK # DESCRIPTION 100% FEE #1 Project Management $40,600 #2 Project Kick -Off Meeting $5,000 #3 Self -Evaluation: Buildings/Facilities $22,500 Parks/Trails oversight $21,750 Programs, services, activities $28,800 Signalized Intersections (up to 33 signalized intersections) $21,500 Unsignalized Intersections (included below) $100,400 TASK # DESCRIPTION 100% FEE Sidewalk Evaluations (up to 100 linear miles of sidewalk) $134,400 #4 Transition Plan Development $40,200 #5 Documentation $39,800 #6 Staff Training $25,000 #7 Meetings $22,500 PROJECT TOTAL $502,450 Total Fee $502,450 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of receipt of invoices. Closure If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute two copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully - executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me directly you have any questions. ACCESSOLOGY TOO, LLC Kristi J. Avalos, President/CEO August 4, 2015 CITY OF COPPELL, TX C ITY MAMA( --A 2 Title 0010T I (Date) Cb M PMWP,6 (Print or Type Name) ATTACHMENT A Modifications to the Scone of Services. Either the Accessology or the City of Coppell may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, Accessology and the City of Coppell shall review the conditions associated with the request and determine the necessity of a modification. When the Parties agree that a modification is warranted, Accessology and the City of Coppell shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Accessology, authorized by the City Council, if required, and issued by the City of Coppell. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City of Coppell may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by Accessology. Partnering, The City shall encourage participation in a partnering process that involves the City, Accessology and his or her sub -consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre -Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and Accessology. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. Disputes. The City of Coppell shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City of Coppell and Accessology are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and Accessology shall negotiate in good faith toward resolving such disputes. In an effort to resolve any conflicts that arise during the project, the City and Accessology agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Accessology, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect, error or omission in the studies or other documents prepared by Accessology, its employees, subcontractors, agents and consultants. Accessology shall indemnify City for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The parties further agree that this liability provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 12. Indemnification. Accessology shall indemnify, and hold harmless the City of Coppell, its officers, agents and employees from any loss, damage, liability or expense, including reasonable attorney fees, on account of damage to property and injuries, including death, to all persons, including employees of Accessology or any associate consultant, but only to the extent caused by the negligent acts, errors or omissions on the part of Accessology, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. Neither parry shall be obligated to indemnify the other parry's own negligence. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 13. Delays and Failure to Perform. Accessology and City understand and are aware that many factors outside Accessology's control may affect Accessology's ability to complete the services to be provided under this Agreement. Accessology will perform these services with reasonable diligence and expediency consistent with sound professional practices and that any failure of the Accessology to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. Accessology shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Accessology's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Accessology's payments hereunder without waiver of any of City's additional legal rights or remedies. Accessology shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the City or Accessology may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen -day period, Accessology shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Progress Report submitted by the Accessology and approved by the City. Quality Control. Accessology agrees to maintain written quality control procedures. Accessology further agrees to follow those procedures to the extent that, in the Accessology's judgment, the procedures are appropriate under the circumstances. 17. Ownership. All Accessology's work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the City to be used as City desires, without restriction; and Accessology specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Accessology. Accessology shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Accessology or anyone connected with the Accessology, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Accessology shall be replaced or restored by Accessology without cost to the City. 18. Proiect Records and Right to Audit. Accessology shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City of Coppell determine it necessary, Accessology shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non -Discrimination. As a condition of this Contract, Accessology shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. Accessology shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Accessology shall furnish the City with satisfactory proof of compliance therewith. 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract.