Item D1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5/23/08
Division: Engineering
Bulk Item: Yes
No --1L
Department: Facilities DeveloDment
Staff Contact PersonlPhone #: Dave KODDel
X4469
AGENDA ITEM WORDING: Reconsideration and possible action on the April 16, 2008 approval
of a contract with MBl!K2M for consulting services for the Americans with Disabilities Act (ADA)
Compliance Assessments for Monroe County Facilities and Roads.
ITEM BACKGROUND: See attached historical background.
PREVIOUS RELEVANT BOCC ACTION: On February 18, 2003-BOCC approved the joint
stipulation that included the requirement to conduct assessments of County facilities and roads. On
June 15,2005, BOCC granted approval to issue Request for Qualifications. On February 21,2007, the
BOCC granted approval to negotiate a contract with MBl!K2M Architecture, Inc. On September 19,
2007 the BOCC approved a contract with MBI/K2M Architecture, Inc. for ADA Compliance
Assessments for County Circuit and County Court Facilities and Court Related Satellite Offices. On
April 16, 2008 the BOCC approved a contract with MBl!K2M Architecture, Inc for the Americans
with Disabilities Act (ADA) Compliance Assessments for Monroe County Facilities and Roads.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
No Action.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #~
Revised 11/06
May 23, 2008 Agenda 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.
February 18, 2003 the Board approved the joint stipulation that included the requirement to conduct
assessments of County facilities and roads.
March 12, 2004 Consent Decree issued
June 15,2005: the BOCC granted approval to issue 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.
July 21, 2005 the first advertised "Request for Qualifications For Professional Services by
Architectura1JEngineeringlSpecialty Firms or Individuals to Perform Americans with Disabilities Act
(ADA) Compliance Assessments for County Facilities and Roads" (RFQ-CND-202-163-0-
2005/PURlADA) was opened. (This was the first time this project went to RFQ. At no time did it go
out to RFP).
August 16, 2005 ADAAG was ranked as the number one firm at a public meeting.
On Sept.21, 2005 an item on the BOCC agenda for permission to negotiate a contract with ADAAG
was deleted from the agenda and no further action was taken.
From July 9, 2005 through October 2005 the county was impacted by four major hurricanes causing
disruption to normal daily county operations by staff. No action was taken due to reasons presented by
County Attorney's Office in an email to ADAAG dated December 04,2006 stating that "because the
staff of the Engineering Division was tasked with coordinating the debris removal and recovery efforts
for the four storms that impacted Monroe County during the 2005 hurricane season, staffs attention
was necessarily diverted away from its routine tasks. When Engineering staff completed their hurricane
related tasks earlier this year (2006) the information contained in the responses were considered too
stale to rely upon. Therefore the County advertised another RFQ 'RFQ-ENG-306-59-2006-PURlCY-
0-2006/CY' ."
June 7, 2006 Amended Consent Decree, Time extension
September 2006 second RFQ 'RFQ-ENG-306-59-2006-PURlCY-O-2006/CY' advertised on
DemandStar.
November 2, 2006 the second advertised RFQ-ENG-306-59-2006-PURlCY-O-2006/CY was opened
(approximately 1yr and 4 months after the first RFQ).
January 23,2007 at a public meeting MB1/K2M was ranked # 1 of the responding entities. ADAAG
did not respond to the RFQ and therefore was not considered. MB1/K2M and several others responded
to both RFQs. The reason ADAAG did not respond to the second RFQ is unknown.
February 12, 2007 Chief Justice Fred R. Lewis of the Florida Supreme Court mandated that the
Judiciaries perform an ADA assessment of all court facilities in their County.
February 21, 2007 the BOCC approved and directed Facilities Development to enter into negotiation
with MBIIK2M for the ADA assessment contract for all Monroe County owned facilities. The first
round of negotiation produced a cost not acceptable to the County of approximately $737,000; this
amount through further negotiation was reduced to less than $400,000. Facilities Development was
able to reduce the cost by almost half maintaining the scope of work of all county facilities and roads.
March 15, 2007 Engineering staff were assigned to the ADA assessment team for the Judiciary. Due to
the time constraints it was mutually agreed to with the 16th Judicial Court Administrator to split the
ADA scope of work into two phases for the assessment of all Monroe County facilities providing the
first phase of the overall assessment of the courts in order to meet the Supreme Court deadline.
September 19, 2007 BOCC approved contract with MBIIK2M for ADA for the Assessment of court
facilities with direction that remainder of project would be addressed later.
February 12,2007 completion of the first phase achieved.
March 26, 2008 Second Amended Consent Decree-time extension to May 29, 2009. There is a
deadline to produce the second phase which needed to start immediately to comply with the Second
Amended Consent Decree deadline.
April 16, 2008 BOCC approved contract with MBI/K2M for ADA Assessment of Monroe County
Facilities, Roads, Parks and Beaches.
May 19, 2008, 4:58PM, Jimmy Morales, representing ADAAG, emailed an undated letter to County
Administrator requesting placement on Sounding Board on May 21, 2008.
May 21, 2008, BOCC directed item be placed on special meeting previously scheduled for May 23,
2008, for reconsideration since no action can be taken on a Sounding Board item.
May 21, 2008, Scott Maloney of MBIIK2M advised County via phone that the contractor has already
commenced work under the contract.
Total of Contracted Sums with MBIIK2M Architecture Inc: $358,063.20
Phase I-Court Facilities
Award Sen 19,2007 Contract Amount: $39.046.20
Notice To Proceed Oct. II, 2007
Substantial Completion Feb 12, 2008
Phase 11- All Count
BOCC Award
Notice To Proceed
Substantial Com letion
Facilities Roads Parks and Beaches
A r 16, 2008 Contract Amount: $319,017.00
A r 21, 2008
Ma 2, 2009