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Item C19 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 15, 2005 Division: Engineering Bulk Item: Yes 1L- No Department: Engineering Staff Contact Person: David Koppel. P.E. AGENDA ITEM WORDING: Approval to issue attached Request for Qualifications for Americans with Disabilities Act (ADA) compliance assessments for County facilities and roads, subject to review and approval by the County Attorney, OMB/Purchasing, and Risk Management. ITEM BACKGROUND: As part of a settlement with Plaintiffs Karl Loose and Advocates for Disabled Americans, the County has agreed to conduct an evaluation of its facilities and roads for compliance with ADA and bring facilities into compliance to the extent reasonably possible. Requests for Qualifications will be solicited to identify a consultant to conduct assessments and make recommendations for meeting the requirements of the ADA. PREVIOUS RELEVANT BOCC ACTION: On February 18, 2003 the Board approved the joint stipulation that included the requirement to conduct assessments of County facilities and roads. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: COST TO COUNTY: BUDGETED: Yes SOURCE OF FUNDS: No REVENUE PRODUCING: Yes No~ AMOUNT PER MONTH_ Year APPROVED BY: County Atty_ OM B/PUfCh# ~ement_ D id S. Koppel, PE, County Engineer DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 MONROE COUNTY REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL SERVICES BY ARCHITECTURAL/ENGINEERING/SPECIAL TY FIRMS OR INDIVIDUALS TO PERFORM Americans with Disabilities Act (ADA) Compliance Assessments for County Facilities and Roads BOARD OF COUNTY COMMISSIONERS Mayor, Dixie M. Spehar, District 1 Mayor Pro Tern, Charles "Sonny" McCoy, District 3 George Neugent, District 2 David P. Rice, District 4 Murray Nelson, District 5 COUNTY ADMINISTRATOR Thomas J. Willi CLERK OF THE CIRCUIT COURT Danny L. Kolhage COUNTY ENGINEER David S. Koppel, P.E. MaYi~QQQ PREPARED BY: Monroe County Engineering Division RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads NOTICE OF REQUEST FOR QUALIFICATIONS Request for Professional Services from Architectural/Engineering or Specialized Consulting Firms and Individuals to Perform Americans with Disabilities Act (ADA) Compliance Assessments for County Facilities and Roads. The Board of County Commissioners of Monroe County, Florida, hereby requests, pursuant to Sec. 287.055, Florida Statutes, sealed statements of qualifications from architectural/engineering and specialized consulting firms or individuals experienced in performing ADA Compliance Assessments for governmental agencies and public facilities. Interested firms or individuals are requested to indicate their interest by submitting a total of nine (9), two (2) signed originals and seven (7) complete copies of their statement of qualifications in a sealed envelope clearly marked on the outside, with the Respondents name and "Statement of Qualifications - ADA Compliance Assessments for County Facilities and Roads", addressed to Monroe County Purchasing Department, 1100 Simonton Room 2-21 West, FL 33040, on or before 11 :00 AM. local time on If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated above. No statements of qualifications will be accepted after 11 :00 AM. Faxed or e-mailed statements of qualifications will be automatically rejected. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by going to the website www.demandstar.com or http://www.monroecountv-fl.2ov/pa2es/msd/bids.htm The Public Record is available at the Purchasing Office, 1100 Simonton Street, Key West, Florida. Technical questions are to be directed, in writing, to Larry S. Chalmers, AlA, Director of Construction & Planning, Engineering Division, 1100 Simonton Street, Key West, FL 33040, or fax to (305) 295-4321. The Board reserves the right to reject any or all proposals, to waive informalities in the proposals and to re-advertise for proposals. The Board also reserves the right to separately accept or reject any item or items of a proposal and to award and/or negotiate a contract in the best interest of the County. Interested firms or individuals will be evaluated and selected under the competitive selection procedure of Florida Statute 287.055. In accordance with Florida Statute 287.055(4) (b), please do not submit proposals for compensation. Dated at Key West, this Monroe County Purchasing Department 2 RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads REQUEST FOR PROFESSIONAL SERVICES REQUIREMENTS FOR SUBMISSION Pursuant to Section 287.055, Florida Statutes, notice is hereby given that the Board of County Commissioners of Monroe County is accepting statements of qualifications from Architectural/Engineering firms or individuals experienced in conducting ADA Compliance Assessments of government facilities. Up to 97 Monroe County buildings, totaling 590,000 square feet, 21 parks totaling 118 acres, and some County roads, may be included in the scope of the project. It is contemplated that the work may be awarded in phases. The submittal must be accompanied by the firm's detailed statement of qualifications and current USGSA Standard Form 330, which can be downloaded from the General Services Administration website at www.GSA.QOV, and any additional information which addresses the presentation of the firm's qualifications. The areas of consideration for selecting the most qualified firm for the project include but are not limited to: · Recent experience of individuals and firm on similar scope and size projects . Organization . Schedule and availability . Past performance record . Office location · Monroe County experience · Project approach and methodology Only those firms or individuals submitting statements of qualifications that meet the requirements herein specified will be considered regardless of past contacts with Monroe County, or other agencies. A committee will be developed consisting of the County Engineer, the Public Works Director, the Director of Community Services, and the Director of Construction and Planning or their designees. Following the receipt of the RFQ's, the committee will meet in a noticed public meeting to review the RFQs and may entertain presentations by the person or firms submitting qualifications. Respondents should be prepared to make a presentation to the committee and the Board of County Commissioners, if selected. The committee will rank the submittals in order of preference and make a recommendation to the County Commission to negotiate a contract with the preferred person/firm. Should the County Commission so direct, and a mutually satisfactory agreement cannot be reached between staff and the first recommended person/firm, then staff will negotiate with the next preferred person/firm and so forth. When staff has agreed with the person/firm upon a mutually satisfactory contract, the contract will be brought before the County Commission for final approval. No binding contract is created between any person/firm and the County until a contract is approved by the County Commission. Monroe County reserves the right to reject any or all proposals, to waive irregularities and informalities in any or all proposals, and to re-advertise for qualifications. Interested firms or individuals will be evaluated and selected under the competitive selection procedure of Florida Statute 287.055. In accordance with Florida Statute 287.055(4)(b), please do not submit proposals for compensation. 3 RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads Requirements for submission may be requested from DemandStar by Onvia by calling 1-800-711- 1712 or by going to the website www.demandstar.com or http://www.monroecountv- fl.Qov/paQes/msd/bids.htm. Technical questions should be directed, in writinq, to Larry S. Chalmers, AlA, Director of Construction & Planning, Engineering Division, 1100 Simonton Street, Key West, FL 33040, or by fax to (305) 295- 4321. All answers will be by written addenda. Interested firms or individuals are requested to indicate their interest by submitting a total of nine (9), two (2) signed originals and seven (7) complete copies of their statement of qualifications in a sealed envelope clearly marked on the outside, with the Respondents name and "Statement of Qualifications - ADA Compliance Assessments for County Facilities and Roads", addressed to Monroe County Purchasing 1100 Simonton Room 2-213, Key West, FL 33040, on or before 11 :00 A.M. local time on If forwarded by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated above. No statements of qualifications will be accepted after 11 :00 A.M. Faxed or e-mailed statements of qualifications will also be automatically rejected. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (1989). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. The Architect/Engineer/Consultant shall obtain insurance as specified in these Requirements for Submission and maintain the required insurance at all times that this Contract is in effect. Professional Services Liability Insurance shall also be maintained for a period to cover all statutes of limitations. In the event the completion of the work (including the work of others) is delayed or suspended as a result of the Architect/Engineer/Consultant's failure to purchase or maintain the required insurance, the Architect/Engineer/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being place on the convicted vendor list. Dated at Key West, this Monroe County Purchasing Department - 4 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads TABLE OF CONTENTS NOTICE OF REQUEST FOR QUALIFICATIONS SECTION ONE - SECTION TWO - SECTION THREE- Instruction to Respondents Draft Agreement County Forms - 5 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION The Respondent awarded a contract shall provide ARCHITECTURAL/ENGINEERING/SPECIAL CONSULTING SERVICES to perform ADA Compliance Assessments for County Facilities and Roads for Monroe County. Assessments will include identification of deficiencies and specific recommendations for achieving compliance with ADA. As a part of contract negotiations, a final scope of services, project schedule and deliverables for this project shall be developed. The most qualified Respondent selected to negotiate a contract with the County shall base its fee proposal and anticipated reimbursable expenses on these three areas. Once completed, the proposal package will be presented to the Monroe County Board of County Commissioners for review and approval and shall ultimately become a part of the contract. 1.02 COPIES OF RFQ DOCUMENTS A. Only complete sets of RFQ Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFQ Documents may be obtained in the manner and at the locations stated in the Notice of Request for Qualifications. 1.03 STATEMENT OF QUALIFICATIONS REQUIREMENTS See notice of Request for Qualifications 1.04 DISQUALIFICATION OF RESPONDENT A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 - 6 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 1.05 EXAMINATION OF RFQ DOCUMENTS A. Each Respondent shall carefully examine the RFQ and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent shall in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be furnished to all known prospective Respondents prior to the established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in their Proposal. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Respondent. - 7 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Respondent shall state in the response the name and address of each person having an interest in the submitting entity. 1.09 SUBMISSION OF RESPONSES A. Two (2) signed originals and seven (7) copies of each response shall be submitted. B. The response shall be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Statement of Qualifications - ADA Compliance Assessments for County Facilities and Roads", addressed to the entity and address stated in the Notice of for Qualifications, on or before 11 :00 A.M. local time on If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Qualifications. Faxed or e-mailed statements of qualifications shall be automatically rejected. Responses will be received until the date and hour stated in the Notice of Request for Qualification. C. Each Respondent shall submit with his Response the required evidence of his qualifications and experience. 1.10 CONTENT OF SUBMISSION The proposal submitted in response to this Request for Qualifications (RFQ) shall be printed on 8-1/2" x 11" white paper and bound; shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondent should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. The following information, at a minimum, shall be included in the Submittal: - 8 RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads A. Cover Paae A cover page that states "REQUEST FOR QUALIFICATIONS FOR ADA COMPLIANCE ASSESSMENTS FOR COUNTY FACILITIES AND ROADS." The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person. B. Tabbed Sections Tab 1. Executive Summary The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of this Project. Describe the firm's use of technology in the office and in the field. Describe how this technology will be used to produce this Project. List any specific software currently in use or planned for this Project. Describe the firm's methodology for working locally given the extensive amount of field and data collection required for this Project. Tab 2. Relevant Experience The Respondent shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the proposed Project. Tab 3. Past Performance on Similar Projects The Respondent shall provide a list of past projects indicating the following: Name and full address of the referenced project Name and telephone number of client contact for referenced project Date of initiation and completion of contract Summary of the project and services Tab 4. Project Approach The Respondent shall describe the approach and methodology he will take to accomplish the work defined herein. The project approach shall include information on schedule and availability. Tab 5. Staffing for this Project & Qualifications of Key Personnel The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. The Respondent shall include a list of the proposed staff that will perform the work required if awarded this contract. An organizational chart and management plan should be included in this section. The Respondent shall also include a - 9 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads resume for each member of the project team identifying his/her role on the team and any qualifications relevant to the assigned position. Tab 6. Services Respondent shall provide any additional project experience that will give an indication of the Respondent's overall abilities. Tab 7. Litigation The Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein. Tab 8. Other Information Provide any additional information which will present evaluators with insight about the qualifications, fitness and abilities of the Respondent. Include in this section the location of the main office and the location of the office proposed to work on this project. Provide USGSA SF 330. Tab 9. County forms Respondent shall complete and execute the forms specified below and found at the designated pages in this RFQ, and shall include them in the section tabbed 9: Form Response Form Lobbying and Conflict of Interest Clause Non-Collusion Affidavit Drug Free Workplace Form Respondent's Insurance and Indemnification Statement Insurance Agent's Statement PaQe 30 31 32 33 34 35 Copies of all professional and occupational licenses shall be included in this section. 1.11 MODIFICATION OF RESPONSES Written modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Request for Qualifications and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Modification to Statement of Qualifications - ADA Compliance Assessments for County Facilities and Roads". If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Qualifications. Faxed or e-mailed modifications shall be automatically rejected. - 10 RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads 1.12 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.13 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Respondents names shall be read aloud at the appointed time and place stated in the Notice of Request for Qualifications. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents or their authorized agents are invited to be present. 1.14 DETERMINATION OF SUCCESSFUL RESPONDENT The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Respondent and the contract documents, may be rejected at the option of the County. A. Each TAB section will be given points used to score and evaluate firms and individuals. The point structure is as follows: CRITERIA MAXIMUM POINTS TAB 1 TAB 2 TAB 3 TAB 4 TAB 5 TAB 6 TAB 7 TAB 8 TAB 9 10 20 10 20 15 15 05 05 00 TOTAL 100 1.15 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for each phase of the project or for portions of the work, based on geographic area or type of facility, or other, and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. If responses are found to be acceptable by the County, written notice will be mailed to the Respondents of the date and time of the meeting at which the Respondents will be ranked. - I I - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads B. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. C. The recommendation of the committee and the Responses of three or more Respondents shall be presented to the Board of County Commissioners of Monroe County, Florida, for final selection. Negotiations will be undertaken with the Respondents as ranked. 1.16 EXECUTION OF CONTRACT The Respondent with whom a contract is negotiated shall be required to return to the County four (4) executed counterparts of the prescribed contract together with the required certificates of insurance. 1.17 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent/Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. Worker's Compensation Statutory Limits Employers' Liability Insurance $100,000 Accident $500,000 Disease, policy limits $100,000 Disease each employee $1,000,000 Combined Single Limit General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non-owned and hired vehicles) $1,000,000 per Occurrence $1,000,000 Combined Single Limit Professional Liability $1,000,000 per Occurrence $2,000,000 Aggregate Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. 12 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads 1.18 INDEMNIFICATION The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The ArchitecVEngineer/Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect/Engineer/Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the ArchitecVEngineer/Consultant, its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect's/Engineer's/Consultant's failure to purchase or maintain the required insurance, the Architect/Engineer/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the ArchitecVEngineer/Consultant, the ArchitecVEngineer/Consultant agrees and warrants that ArchitecVEngineer/Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the ArchitecVEngineer/Consultant is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 13 RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Respondent: Contract for: Address of Respondent: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Respondent: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Respondent SIGNATURE - 14 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads SECTION TWO: DRAFT CONTRACT These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific situation, nor do they purport to address all issues which may arise between the contracting parties. The documents should be amended or supplemented where appropriate. This Agreement ("Agreement") made and entere 200_ by and between Monroe County, a political s address is 1100 Simonton Street, Key West, Florida, hereinafter referred to as "COUNTY," through the Monroe C ("BOCC"), AGREEMENT FOR CONSULTING SERVICES for day of , the State of Florida, whose . s successors and assigns, d of County Commissioners of the State of , whose address is its successors and assigns, hereinafter referred to WHEREAS, COUNTY desi~ ADA Compliance Assessment; a fessional services of CONSULTANT for an WHEREAS, CONSULT AN but not be limited to, determining, County facilities (includin . deficiencies and specifi shall collectively be ref d to provide professional services which shall include 'g and reporting ADA Compliance Assessments for 'nd beaches) and roads, including identification of for achieving compliance with ADA, which services Project"; NOW, THE stated herein, and acknowledged, COU eration of the mutual promises, covenants and agreements d valuable consideration, the sufficiency of which is hereby UL T ANT agree as follows: - 15 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads FORM OF AGREEMENT 1.1 REPRESENTATIONS AND WARRANTIES ARTICLE 1 By executing this Agreement, CONSULTANT makes the foil warranties to the COUNTY: ss representations and 1.1.1 The CONSULTANT is professionally qualified to act and is licensed to provide the designated service over the CONSULTANT and the Project; for the Project ving jurisdiction 1.1.2 The CONSULTANT shall maintain all necess necessary to act as CONSULTANT for th hereunder have been fully satisfied; rmits or other authorizations the CONSULTANT'S duties 1.1.3 The CONSULTANT has become familiar with t under which the Work is to be completed. 1.1.4 The CONSULTANT shall prepare all manner that they shall be accurate, implementation phases and shall be i and regulations. The CONSULTANT this Agreement will be adequate and su therefore, eliminating any additional cost this Agreement in such a ate for use in the subsequent with all applicable law, codes cuments prepared as a part of Iish the purposes of the Project, g or incorrect information; 1.1.5 The CONSULTANT assumes f his performance and those di extent allowed by law with regards to 1.1.6 The CONSULTANT'S ser professional skill and car shall submit, for the C performance of the CO proceeds if approved by required for the COUN jurisdiction over the COUNTY may not. not within the c CONSUL TANT assessed a c produced in a determined that subconsultants and the CONSULTANT. as expeditiously as is consistent with ess of the Project. The CONSULTANT entative's information, a schedule for the ices which may be adjusted as the Project and shall include allowances for periods of time approval of submission by authorities having ablished by this schedule and approved by the NSUL T ANT except for delay caused by events SUL ANT or foreseeable by him. In the event the to the schedule, then the CONSULTANT may be t (1 %) of the fee per week until the work product is The COUNTY shall assess the charge only after it is s solely the fault of the CONSULTANT and his f the COUNTY or other parties not under the control of 1.1. 7 CONSULTANT is an indepe nt contractor under this Agreement. Services provided by CONSULTANT shall be subject to the supervision of CONSULTANT. In providing the services, CONSULTANT and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY employee. - ] 6 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads ARTICLE II SCOPE OF CONSULTANT'S BASIC SERVICE 2.1 DEFINITION 2.1.1 CONSULTANT'S Basic Services consist of those described in Pa and other services identified as part of Basic Services, and include no assess ADA compliance, proposed remediation, and completi CONSUL TANT shall commence work on the services provided fo upon his receipt of a written notice to proceed from the COUNT~ contain a description of the services to be performed, and the ti performed. raphs 2.2 through 2.6, nsulting services to the Project. The Agreement promptly tice to proceed must services must be 2.1.2 Project schedule is as follows: Phase I - Data Collection and Review Phase II - Field Investigation Phase III - Draft ADA Compliance Reports Phase IV Final ADA Compliance Reports Note: Activities listed above may occur c The Project must be completed no later the essence in this regard. . Time is of 2.1.3 altered buildings, facilities and roads All documentation of results shall be uitable for use in future work. The Ing information contained in County 2.2 2.2.1 The CONSULTANT shall provide basic infor ty drawings and other such documents that will !1 and execute the field data gathering. 2.3 2.3.1 Field investi photographs facility or proper med to include, but not limited to, measurements and conformity or lack thereof for various elements of each 2.4 2.4.1 I ncluded shall be weekly tings. These meetings shall be held throughout the project for the purpose of scheduling the work and coordinating access for the CONSULTANT'S field investigation teams to County facilities and roads. - 17 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads 2.5 REPORTS 2.5.1 During the course of the Project, the CONSULTANT shall be required to deliver, to the COUNTY, draft reports for each facility or property. 0 the COUNTY has approved all of the draft reports, the CONSULTANT shall organize t into a final report to be delivered to the COUNTY for final review and acceptance. 0 . entation to the SOCC may be req u ired. And: Mr. Thomas Willi Monroe County A 1100 Simonton S Key West, Florid correct any errors, NSUL TANT or its 2.6 OTHER: 2.7 CORRECTION OF ERRORS, OMISSIONS, DE 2.7.1 The CONSULTANT shall, without additiona ' omissions, deficiencies, or conflicts in th subconsultants, or both. 2.8 WRITTEN NOTICE Any notices sent by the parties shall be person to the individuals and addresses list mail, certified, return receipt, or by courier with e been duly served if delivered in r if delivered or sent by first class livery. All written correspondence to the representative of the CONSULT A nd signed by an authorized . II be directed to: Mr. David S. Koppel, P.E. Monroe County Engineer 1100 Simonton Street, om 2-21 Key West, Florida 33 . - 18 RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads 4.2 The COUNTY shall designa to the Project. The COUN pertaining to documents delay in the orderly and seq ARTICLE III ADDITONAL SERVICE 3.1 The services described in this Article III are not included in Ba paid for by the COUNTY as an addition to the compensation only if approved by the COUNTY before commencement, a A. Providing services of CONSULTANTs for other than th scope of the Project provided as a part of Basic Service B. Providing any other services not otherwise includ furnished in accordance with generally accepted con ment or not customarily C. Providing representation before public bodies i approval by COUNTY. Project, upon 3.2 QUNTY shall issue a Ii,JL TANT. The sted services. Only eed from the rvices. 4.1 The COUNTY shall provide full objectives, schedule, constrain uirements for the Project including n the COUNTY's behalf with respect all render decisions in a timely manner ! L T ANT in order to avoid unreasonable s of the CONSULTANT'S services. 4.3 Prompt written notice. CONSULTANT if thee' conformance with th" duly served if sent e COUNTY and its representative to the ny fault or defect in the Project or non- . Written notice shall be deemed to have been ::So 4.4quired information and services and shall render usly as necessary for the orderly progress of the f the contractors. 4.5 The COUNTY's prepared by the CONSULTANT or its subconsultants shall purpose of determining whether such documents are generally consistent wit . tJNTY's criteria, as, and if, modified. No review of such documents shall relieve th /.i NSUL T ANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 19 RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads 4.6 The COUNTY shall provide copies of necessary documents requireg to complete the work. ARTICLE V INDEMNIFICATION AND HOLD defend COUNTY, its laims for bodily injury, to property owned by d, including attorney's y reason of services y the negligence, tor(s) in any tier, 4.7 Any information that may be of assistance to the CONSULTANT t immediate access to will be provided as requested. The CONSULTANT covenants and agrees to indemnify, h commissioners, officers, employees, agents and servants including death, personal injury, and property damage, incl Monroe County, and any other losses, damages, and expens fees, court costs and expenses, which arise out of, in connectio provided by CONSULTANT or its Subcontractor(s) tier, occ. errors, or other wrongful act or omission of the C T, its their officers, employees, servants and agents. In the event that the completion of the project (to suspended as a result of the Architect/Engineer/Cons required insurance, the CONSULTANT shall indemnif expenses resulting from such delay. Should 'ms be any deficiency or ambiguity in the plans a ations CONSULTANT agrees and warrants tha NT h indemnify it from all losses occurring the further COUNTY's behalf. thers) is delayed or hase or maintain the any and all increased gainst COUNTY by virtue of by the CONSULTANT, the County harmless and shall any claim or action on the The first ten dollars ($10.00) of remune indemnification provided for above. T ANT is consideration for the The extent of liability is in no way)' contained elsewhere within this a . sened by the insurance requirements This indemnification shall survi ination of the Agreement. 6.1 PERSONNEL The CONSULTANT shall assign only qualified pe~%onnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: - 20- NAME FUNCTION RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads So long as the individuals named above remain actively employed or retain CONSULTANT, they shall perform the functions indicated next to their na the CONSULTANT shall notify the COUNTY of the change immediately. (A) If the CONSULTANT'S duties, 0 changed by amendment to this compensation due to the CONSU or downward; ARTICLE VII COMPENSATION 7.1 CONTRACT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in performance of this Agreement as follows: CONSULTANT'S 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duf herein, the CONSULTANT shall be paid mont d responsibilities set forth sponsibilities are materially xecution of this Agreement, quitably adjusted, either upward (B) As a condition precedent for CONSULTANT shall submit mon COUNTY, a proper invoice to COU rendered and reimbursable shall describe with rea CONSULTANT'S support of expenses for t due under this Agreement, the therwise agreed in writing by the sting payment for services properly under. The CONSULTANT'S invoice the service rendered. The by such documentation or data in is sought at the COUNTY may require. 7.3 REIMBURSABLE 7.3.1 Reimbursable expenses the project outside of the by the CONSULTANT in the interest of a. Expense of by CONSULTANT, in writing, and - 21 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads 8.2 The coverage provided herein or better, that is licensed to b service of process withi tate providing sixty (60) d he Said coverage shall ins form acceptable to living expenses in connection with travel authorized by the COU only to the extent and in the amounts authorized by Section 11 Statutes; b. Reproductions as requested only by the COUNTY (beyond electronic and printed format, plus one complete reproduc' c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and t pay, any fees or expenses in excess of the amount bud year (October 1 - September 30) by COUNTY's Boar budgeted amount may only be modified by an affirm County Commissioners. 7.4.2 nt is contingent upon e approval of the 8.1 The CONSULTANT shall obtain insu insurance at all times that this Agr also be maintained as specified. work of others) is delayed or. purchase or maintain the r COUNTY from any and all in aintain the required sional Liability Insurance shall of the project (to include the CONSULTANT'S failure to UL T ANT shall indemnify the m such delay. rer with an A.M. Best rating of VI ta Florida and that has an agent for he coverage shall contain an endorsement rior to any cancellation of said coverage. table to the COUNTY and shall be in a 8.3 CONSULTANT A. equired by the State of Florida. B. Employers Liability policy limits, $100,000 its of $100,000 per Accident, $500,000 Disease, employee. C. Comprehensive business a )bile and vehicle liability insurance covering claims for injuries to members of the pub fc and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. - 22 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or s onsultants, including Premises and/or Operations, Independent Contractors; Sroa Property Damage and a Contractual Liability Endorsement with One Million Do ~ ,,000,000) per occurrence and annual aggregate. The documents prepare may be reproduced CONSUL TANT. E. Professional liability insurance of One Million Dollars ($1,000,00 and Two Million Dollars ($2,000,000.00) annual aggregate. If made" policy, CONSULTANT shall maintain coverage or pu claims made after completion of the project to cover the statu .~ 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with re liabilities hereunder in insurance coverages identified in G. CONSULTANT shall require its subconsultants to be limits prescribed above, and to any increased limits of COUNTY during the term of this Agreement. COUNTY wil of insurance for subconsultants. at least to the if so required by increased limits H. CONSULTANT shall provide to the COUNTY insurance policies including those naming t Section 12.1.3 including any subsection there require a certified copy of such policies upon re copy of all insured by s the right to 9.1 SECTION HEADINGS Section headings have been ins reference only, and it is agreed tha and will not be used in the interpretat matter of convenience of not a part of this Agreement is Agreement. 9.2 Project belong to the COUNTY and /wledgement or permission of the 9.3 SUCCESSORS AND A The CONSULTANT shall no hereunder, except its right to payment, nor shall it delegate any of its duti without the written consent of the COUNTY. Subject to the provisions of the i preceding sentence, each party hereto binds itself, its successors, assigns and leg resentatives to the other and to the successors, assigns and legal representatives of such other party. - 23 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contrac rights in favor of, any third party. ,otherwise, with or any 9.5 TERMINATION Either party hereto may terminate this Agreement upon to the other in the event that such other party subs obligations set forth herein. The COUNTY may ter upon giving fifteen (15) days written notice to the this provision, the termination shall supersede Termination expenses shall be paid and shall in and any additional services required in order t audit for verification. s written notice its material out cause TY utilizes . n under graph 9.15. s until date of termination nce of services, subject to 9.6 CONTRACT DOCUMENTS This contract consists of the Form of response to the RFQ, the documents ref Agreement, and attachments any of the Contract documents, the one imp will control. , the CONSULTANT'S eement as a part of this nt of any conflict between den on the CONSULTANT 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has for public entity crime may n a public entity, may not sub repair of a public building or p public entity, may not be awar or consultant under a any public entity in Florida Statutes, for placed on the conv' vendor list following a conviction to provide any goods or services to a public entity for the construction or mit bids on leases of real property to s a contractor, supplier, subcontractor, entity, and may not transact business with ount provided in Section 287.017 of the eriod of 36 months from the date of being By signing this A will not violate the P this section shall resu hereto, and may result in T represents that the execution of this Agreement ct (Section 287.133, Florida Statutes). Violation of this Agreement and recovery of all monies paid COUNTY's competitive procurement activities. I n addition to the foregoing, L T ANT further represents that there has been no determination, based on an audit, t it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSUL TANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. - 24- RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads If any term, covenant, conditio. any circumstance ar person), caurt of campetent jurisdicf. of this Agreement, shall ' candition and provision of thl fullest extent permitted by law u' conditions and provisi thi original intent of this. Agreement to. repla passible to. the inte CONSUL T ANT shall maintain all boaks, records, and do. performance under this Agreement in accordance with principles consistently applied. Each party to. this representatives shall have reasanable and timely acce party to. this Agreement for public records purposes dur.i for four years following the termination of this Agree COUNTY ar Clerk determines that manies paid Agreement were spent for purpases not authorized shall repay the monies tagether with interest cal Flarida Statutes, running from the date the monie directly pertinent to. accepted accounting t ar its authorized ords of each ather Agreement and layed by the ant to. this ULTANT , of the 9.8 MAINTENANCE OF RECORDS 9.9 GOVERNING LAW, VENUE, INTERPRETATIO nce with the laws of the entirely in the State. In is instituted far the UL T ANT agree that ore the appropriate The COUNTY and f the terms or a term shall be submitted to. proceeding. 9.10 SEVERABILITY nt (or the application thereaf to enfarceable to. any extent by a nts, conditions and provisions peach remaining term, covenant, and shall be enforceable to the of the remaining terms, covenants, wau prevent the accomplishment af the Y and CONSULTANT agree to refarm the valid provisian that comes as c1ase as 9.11 ATTORNEY'S F The COUNTY and that in the event any cause af actian or administrative proceedl ended by any party relative to the enfarcement ar interpretatian af this revailing party shall be entitled to. reasanable attarney's fees, caurt casts, in and aut-af-pocket expenses, as an award against the non-prevailing party, and s e attarney's fees, courts costs, investigative, and out-of-packet expenses in appe roceedings. Mediation proceedings initiated and conducted pursuant to. this Agreeme shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Manrae Caunty. 25 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads at there will be no discrimination against any person, n a determination by a court of competent jurisdiction s Agreement automatically terminates without any effective the date of the court order. CONSULTANT all Federal and Florida statutes, and all local ordinances, as applicable, rel'citto nondiscrimination. These include but are not limited to: 1) Title VI of the Civil RightS<Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of CONSULTANT an and it is expressly that discrimination reement shall bind and inure to espective legal representatives, 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of the benefit of the COUNTY and CONSULTANT an successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to th performance of this Agreement have been corporate action, as required by law. cution, delivery and cessary County and 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree tha seek, and obtain federal and state funds to that all applications, requests, grant proposals by each party prior to submission. , and is, empowered to apply for, urpose of this Agreement; provided ing solicitations shall be approved 9.15 ADJUDICATION OF DISPUTES OR; COUNTY and CONSULTANT agre to be resolved by meet and confer s If no resolution can be agreed upon the issue or issues shall be discuss Commissioners. If the issue or issues ar then any party shall have the r' seek' Agreement or by Florida law. . isagreements shall be attempted sentatives of each of the parties. the first meet and confer session, meeting of the Board of County esolved to the satisfaction of the parties, ef or remedy as may be provided by this 9.16 COOPERATION In the event any administ to the formation, execut CONSULTANT agree to proceedings, hearings, proce this Agreement or PIP\!' pn CONSULTANT specifi into any arbitration p;[g g is instituted against either party relating reach of this Agreement, COUNTY and xtent required by the other party, in all gs, and other activities related to the substance of ices under this Agreement. COUNTY and ty to this Agreement shall be required to enter is Agreement. 9.17 NONDISCRIMINATlQ. - 26 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads 1975, as amended (42 USC ss. 6101-6107) which prohibits di age; 5) The Drug Abuse Office and Treatment Act of 1972 relating to nondiscrimination on the basis of drug abuse; 6) Abuse and Alcoholism Prevention, Treatment and Rehabilit as amended, relating to nondiscrimination on the basis of The Public Health Service Act of 1912, ss. 523 and 527 ( 3), as amended, relating to confidentiality of alcohol and VIII of the Civil Rights Act of 1968 (42 USC s. e nondiscrimination in the sale, rental or financing of Disabilities Act of 1990 (42 USC s. 1201 Note), as relating to nondiscrimination on the basis of disabilit 13, Article VI, which prohibits discrimination on t national origin, ancestry, sexual orientation, gender age; 11) Any other nondiscrimination provisions in apply to the parties to, or the subject matter of, thO crimination on the basis of 92-255), as amended, Comprehensive Alcohol ct of 1970 (PL 91-616), abuse or alcoholism; 7) s. 690dd-3 and 290ee- tent records; 8) Title nded, relating to Americans with om time to time, nty Code Chapter of race, color, sex, religion, expression, familial status or 'lor state statutes which may t. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither not acquire any interest, which would conflict in any ma under this Agreement, and that only intere. h is to recited in this Agreement. as any interest, and shall degree with its performance orm and receive benefits as 9.19 CODE OF ETHICS COUNTY agrees that officers and emplo required to comply with the standards of delineated in Section 112.313, Flori tat ute acceptance of gifts; doing busines ne's of public position, conflicting emp of certain information. e COUNTY recognize and will be or public officers and employees as rding, but not limited to, solicitation or ..; unauthorized compensation; misuse ual relationship; and disclosure or use 9.20 NO SOLlCITATION/PAYMEN The CONSULTANT and CO nor retained any company or p to solicit or secure this Agreeme company, corporation, in for it, any fee, commis resulting from the awa provision, the CONSU Agreement without Ii recover, the full am that, in respect to itself, it has neither employed than a bona fide employee working solely for it, it has not paid or agreed to pay any person, er than a bona fide employee working solely ift, or other consideration contingent upon or Agreement. For the breach or violation of the hat the COUNTY shall have the right to terminate this discretion, to offset from monies owed, or otherwise mmission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, < rs, letters or other materials in its possession or under its control subject to the provisionsi6f Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSUL TANT. - 27 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Sta CONSUL T ANT and the COUNTY in this Agreement and th liability insurance coverage, self-insurance coverage, or 10 pool coverage shall not be deemed a waiver of immunity nor shall any contract entered into by the COUNTY be r waiver. the participation of the isition of any commercial rnment liability insurance nt of liability coverage, in any provision for 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, rules and pensions and relief, disability, workers' apply to the activity of officers, agents, or employ the COUNTY, when performing their respective territorial limits of the COUNTY shall apply performance of such functions and duties of such outside the territorial limits of the COUNTY. ns from laws, ordinances, and 'on, and other benefits which ublic agents or employees of der this Agreement within the e degree and extent to the ents, volunteers, or employees 9.24 LEGAL OBLIGATIONS AND RESPONSIB Non-Delegation of Constitutional or Stat nor shall it be construed as, relieving responsibility imposed upon the entity b performance thereof by any participating offered in satisfaction of the obligation or intended to, nor shall it be construed as, aut statutory duties of the COUNTY, ex to th state statute, and case law. . Agreement is not intended to, entity from any obligation or the extent of actual and timely case the performance may be ility. Further, this Agreement is not the delegation of the constitutional or permitted by the Florida constitution, 9.25 NON-RELIANCE BY NON-PAR No person or entity shall b Agreement to enforce or atte of any service or program COUNTY agree that neither th employee of either shall have t particular individual or gr under this Agreement general or for the purp . pon the terms, or any of them, of this hird-party claim or entitlement to or benefit hereunder, and the CONSULTANT and the ANT nor the COUNTY or any agent, officer, or inform, counsel, or otherwise indicate that any entity or entities, have entitlements or benefits t, inferior to, or superior to the community in ted In this Agreement. 9.26 ATTESTATIONS A CONSULTANT ag ch documents as COUNTY may reasonably require, including a Public tatement, an Ethics Statement, and a Drug-Free Workplace Statement. this Agreement by CONSULTANT shall act as the execution of a truth in ne certificate stating that wage rates and other factual unit costs supporting the com pen n pursuant to the Agreement are accurate, complete, and current at the time of contractin . The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other - 28 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads factual unit costs. All such adjustments must be made within one ye the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be dee agreement of any member, officer, agent or employee of M individual capacity, and no member, officer, agent or employ liable personally on this Agreement or be subject to any per by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of c regarded as an original, all of which taken together instrument and any of the parties hereto may execut counterpart. authorized representative on the day and year first abov~ (SEAL) Attest: DANNY L. KOLHAGE, Clerk By: Deputy Clerk Date: (Seal) Attest: BY: Title: - 29 - e a covenant or in his or her unty shall be countability each of which shall be itute one and the same ent by signing any such COMMISSIONERS TY, FLORIDA RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads SECTION THREE: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: o The Submission Response Form o Lobbying and Conflict of Interest Clause_ o Non-Collusion Affidavit o Drug Free Workplace Form_ o Respondent's Insurance and Indemnification Statement o Insurance Agent's Statement In addition, I have included a current copy of the following professional and occupational licenses: (Check mark items above. as a reminder that they are included.) Mailing Address: Telephone: Fax: Date: Signed: Witness: (Seal) (Name) (Title) 30 RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee"_ (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced as identification, (type of identification) NOTARY PUBLIC My commission expires: - 3 I - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1. I am of the firm of the bidder making the Proposal for the project described in the Request for Qualifications for: and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Respondent) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of 20_ NOTARY PUBLIC My Commission Expires: - 32 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Respondent's Signature Date NOTARY PUBLIC My Commission Expires: - 33 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads Respondent's Insurance and Indemnification Statement Insurance ReQuirement ReQuired Limits Worker's Compensation Statutory Limits Employer's Liability $1 00,000/$500,000/$1 00,000 General Liability $1,000,000 Combined Single Limit Vehicle Liability $1,000,000 Combined Single Limit per Occurrence/$1 ,000,000 Aggregate Professional Liability $1,000,000 per Occurrence/$2,000,000 Aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSUL TANTS The ArchitecUEngineer/Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the ArchitecUEngineer or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the ArchitecUEngineer/Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the ArchitecUEngineer/Consultant's failure to purchase or maintain the required insurance, the ArchitecUEngineer/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Engineer/Consultant, the Architect/Engineer/Consultant agrees and warrants that Architect/Engineer/Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10_00) of remuneration paid to the Architect/Engineer/Consultant is consideration for the indemnification provided for above_ The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements, Respondent Signature - 34 - RFQ for Consultant Services, ADA Compliance Assessments for County Facilities and Roads INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature Print Name: - 35 - 1 1 I as as. an a it a move to as more on 5, so 2 so on a ill are a 1 1 an 1 sum no are in no as asan asio a an over