FCS3

This product is expected to perform better than traditional concrete sidewalk repairs; simplify the installation process; provide durability, longevity; and meet the Americans with Disabilities Act (ADA) and the American Society for Testing Materials (ASTM) Standards and State Highway Code. The field trial installations were performed in the City of Orland and the City of Chico. The cities and municipalities are most often responsible for sidewalk damage caused by vehicle accidents, water main breaks, grade subsidence and trees within the path of travel of the sidewalk. Normal sidewalk wear and tear or age damage is the responsibility of the homeowner who in some cities c an take advantage of a City’s Cost Sharing Programs. In some cities, a permit is required to repair a sidewalk. Sidewalk deterioration in this country is at an all-time high. For example, in the City of Los Angeles 4,600 of the 10,750 miles of sidewalks need repair at a cost of 1.2 billion dollars. If this figure is accurate, a corollary of this number may represent that over 42 percent of the many city sidewalks in the US are in disrepair. What makes this subject matter even more impacting for municipal agencies is that all public right of access sidewalks is subject to the ADA of 1992. In a class-action lawsuit, Barden v. Sacramento, it was alleged that the City of Sacramento let sidewalks fall into disrepair and therefore violated the ADA. In this case, in 2002 the US Ninth Circuit Court of Appeals ruled the ADA applies to municipal sidewalks, and in 2003 the US Supreme Court declined to overturn this ruling. Thus, accessible sidewalks have emerged as an important legal issue in the accessibility world and in the world of municipalities throughout the US. A municipality manage r is often faced with the problem of having many vertical rises of ½” or ¾” or greater in the field which do not meet with the 2010 ADA s requirements. Therefore, the sidewalk repair kit provides for compliance for sidewalk repair that exceed 5” in height. A key element to sidewalk repair is that an “Accessible Route” under 2010 ADA s requires the grade to be no greater than 1:20 (that is for every 1” high the ramped approach must be 20”). There is considerable misinterpretation in the area today by many contractors and facility planners. This is going to lead to further litigation surrounding sidewalk and municipality planning for mitigation of raised or broken sidewalks. Another consideration is that many municipalities chose to “grind” down the sidewalk a s seen in the photo. However, in many instances these do not meet the strict standard of ADA. Clearly this a mitigation effort to minimize tripping at this expansion joint, however, it does not meet ADA from vertical approach or slope approach requirements. The Sidewalk repair kit allows the contractor or city worker to set the slope requirement simply by placing the recycled “waste tire” rubber termination strip as far out in front of the vertical rise to meet the slope requirement under ADA. Further, the recycled “waste tire” rubber termination strip meets the vertical rise requirement by design and is not dependent upon site condition to comply with ADA. Task 3.4 Technical Assistance: Tasto, Inc. was tasked as the lead person to ensure project completion on site and in the field, prepare the mixes of rubber and Quikrete samples for

FCS Contractor Report – Confidential

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