Item O8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16,2008
Division:
County Attorney
Bulk Item: Yes ~
No
Department:
Staff Contact Person/Phone #: Nat Cassel X3580
AGENDA ITEM WORDING: Approval of selection of MBIIK2M Architecture Inc and Award of
Contract for the Americans with Disabilities Act (ADA) Compliance Assessments for Monroe County
Facilities and Roads,
ITEM BACKGROUND: On June 27, 2008, RFQs were received for Professional Services for ADA
Compliance Assessments for Monroe County Facilities and Roads, The selection committee met on
July 7, 2008, reviewed the submissions and ranked the responses, MBI/K2M Architecture was ranked
number'! among the submissions and was the selected firm, The County has been ordered by the
United States District Court for the Southern District of Florida to complete the assessments by
Memorial Day, 2009 (see attached Second Amended Consent Decree), MBI/K2M Architecture is
familiar with the project, has a plan in place to proceed with the work, and has agreed to abide by the
previously negotiated terms and fees of the contract approved by the BOCC, This degree of
cooperation has served to reduce contract negotiation time,
PREVIOUS RELEVANT BOCC ACTION: On May 23, 2008, the BOCC directed staff to issue a
new RFQ for Professional Services for ADA Compliance Assessments for Monroe County Facilities
and Roads. On June 18,2008, the BOCC approved the members of the Selection Committee, On June
27, 2008 ten SOQs were received in response to RFQ. On July 7, 2008 the Selection Committee met
and selected MBI/K2M as the number one firm.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $289,615.48
BUDGETED: Yes -X No
COST TO COUNTY: $289,615.48 SOURCE OF FUNDS: One-Cent Infrastructure
REVENUE PRODUCING: Yes LNo X AMOUNT PER MONTH_ Year
APPROVED BY: County Arty _ OMB/Purchasing_ RiSkManagement~
DOCUMENTATION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: MBI!K2M Architecture Contract #_
Effective Date: 07/16/08
Expiration Date:
Contract PurposelDescription:
To provide professional services for ADA Compliance Assessments for Monroe County
Facilities and Roads exceot Countv Court and Court Related Satellite Offices
Contract Manager: Ann Riger X4549 Facilities Devel/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 07/16/08 Agenda Deadline: 07/01/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 289,615.48 Current Year Portion: $ $200,000
APP
Budgeted? Yesrg] No D
Grant: $ N/ A
County Match: $ N/ A
Account Codes: 304-22006-560620-_-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
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S3l:1n.l VNE>IS
Case 4:03-cv-10019-SH Document 29 Entered on FLSD Docket 03/26/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
KARL LOOSE, ADVOCATES FOR
DISABLED AMERICANS,
Plaintiffs
v.
Case No.: 03-10019-CIV-Highsmith
Magistrate Judge Turnoff
MONROE COUNTY
Defendant
m;COND AMENDED CON~r:NT DECREE
This matter having come before the United States District Court for the
Southern District of Florida, the Honorable Shelby Highsmith. pres/ding, on the
Unopposed Motion to Extend Deadline in Paragraph 16 of the Consent Decree
filed herein the Defendant Board of County Commissioners of Monroe County
("Monroe County"); and the Court, being otherwise fully advised of its premises.
does enter this amended decree with the consent of all parties. and it is hereby:
ORDERED and ADJUDGED as foHows:
1. The Consent Decree entered by this Court on March 12, 2004 in
the above-styled matter shall remain in full force and effect pursuant to the terms
set forth therein except as provided below.
2. Paragraph 16 of the Consent Decree is amended for the second
time to read as follows:
Dbt f !5; 14.dw2112: . TI !!!!!Epdvn f oLl3: !!!!!F olf g e!po!GVlrE !Epdl f L114CB7CB119!!!!!Qbhf !3!pg3
"Monroe County shall conduct a self evaluation of Its facilities and roads,
including those not subject to this action, to update its transition plan for
bringing each facility and road into compliance with the ADA to the extent
reasonably possible. This self evaluation shan be completed by Memorial
Day, 2009.
DONE and ORDERED In Chambers, in Miami, Miami.Dade County,
Florida, thl$ day oflr1 u<.C h,UJCYl
Cc: Anthony J, Brady, Jr. Esq.
6671 West lndiantown Road
Suite 56.251
Jupiter, FL 33458
Attomey for the Plaintiffs
Robert B. Shillinger, Jr.. Esq.
Chief Assistant County Attorney
Monroe County Attorney's Office
P,Q. Box 1026
Key West. FL 33041.1026
Attorney for the Defendant
2
AGREEMENT FOR
CONSULTING SERVICES
for
American with Disabilities Act (ADA) Compliance
Assessments for County Facilities and Roads
This Agreement ("Agreement") made and entered into this 16th day of July,
2008 by and between Monroe County, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and
assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of
County Commissioners ("BOCC"),
,/
AND
MBI/K2M ARCHITECTURE, INC., a Corporation of the State of Florida, whose
address is 1001 Whitehead Street, Key West, FL 33040 its successors and assigns,
hereinafter referred to as "CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of
CONSULTANT for Americans with Disabilities Act (ADA) Compliance Assessments for
Monroe County Facilities and Roads; and
WHEREAS, CONSULTANT has agreed to provide professional services which
shall include, but not be limited to, the performance of ADA Compliance Assessment of
Monroe County Facilities and Roads, which shall be called the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express
representations and warranties to the COUNTY:
1.1.1 The CONSULTANT is professionally qualified to act as the CONSULTANT for
the Project and is licensed to provide the designated services by the State of
Florida having jurisdiction over the CONSULTANT and the Project;
1.1.2 The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunder have been fully satisfied;
1.1.3 The CONSULTANT has become familiar with the Project sites and the local
conditions under which the Work is to be completed,
1.1.4 The CONSULTANT shall prepare all documents required by this Agreement in
such a manner that they shall be accurate, coordinated and adequate for use in
the subsequent implementation phases and shall be in conformity and comply
with all applicable law, codes and regulations, The CONSULTANT warrants that
the documents prepared as a part of this Agreement will be adequate and
sufficient to accomplish the purposes of the Project, therefore, eliminating any
additional cost due to missing or incorrect information;
1.1.4a The parties acknowledge the requirements of the ADA are subject to various and
possibly contradictory interpretations. Consultant will use its professional efforts
and judgment to interpret applicable ADA requirements and to advise the Client
as to whether or not, in Consultants professional opinion the Client's facility
complies with the ADA. Such opinions will be based on what is known about
ADA interpretations at the time this service is rendered and the limited scope of
services tendered. Consultant, however, cannot and does not warrant or
guarantee that the Client's facility will fully comply with interpretations of ADA
requirements by regulatory bodies or court decisions. Subsequent to the time the
services are rendered,
1.1.5 The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ,
1.1.6 The CONSULTANT'S services shall be performed as expeditiously as. is
consistent with professional skill and care and the orderly progress of the Project.
The CONSULTANT shall submit, for the COUNTY'S and its representative's
information, a schedule for the performance of the CONSULTANT'S services
which may be adjusted as the Project proceeds if approved by the COUNTY, and
shall include allowances for periods of time required for the COUNTY'S review,
and for approval of submission by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the COUNTY may not
be exceeded by the CONSULTANT except for delay caused by events not within
the control of the CONSULTANT or foreseeable by him,
1.1.7 CONSULTANT is an independent 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.
ARTICLE II
SCOPE OF CONSULTANT'S BASIC SERVICE
2.1 DEFINITION
CONSULTANT'S Basic Services consist of those described in Paragraphs 2.2
and 2,3, and other services identified as part of Basic Services, and include normal
consulting services to assess Monroe County Facilities and Roads for ADA Compliance
and complete the Project. The CONSULTANT shall commence work on the services
provided for in this Agreement promptly upon his receipt of a written notice to proceed
from the COUNTY, The notice to proceed must contain a description of the services to
be performed, and the time within which services must be performed, provided by the
Consultant and attached hereto as Appendix "A" Service Schedule:
2.2 BASIC SERVICES INCLUDED
A Data Collection and Review of all existing data available relative to existing
conditions of Monroe County Facilities, Roads, Beaches and Parks,
CONSULTANT is to use model and methodology approved by Facilities
Development.
B, Field Investigation and assessments will include: existing conditions analysis,
documentation, photographs, measure, testing, and identification of deficiencies
of all Monroe County Facilities as listed in and attached hereto as Appendix "B"
ADA Inventory List of Buildings, Parks, Beaches and Roads:
1, Buildings - Owned and Leased
2, Building Sites for compliance of parking, pathways and wayfinding
3, County Roads and Walks in Key West, Stock Island and Key Haven
4, County Beaches and Parks
5, Temporary Facilities - Polling Places
C, Meetings with Owner on an as needed basis,
D, Preparation of Report of Findings containing: a general description of
buildings, roads, and beaches / parks; the observations detailing accessibility
issues and related Florida Accessibility Codes; and CONSULTANT'S
recommendations and remediation plan with suggested timelines for resolving
variances and achieving ADA compliance for each building, road, beaches,
park. and temporary facilities, During the course of the Project, the
CONSULTANT shall be required to deliver to COUNTY interim draft reports,
Once COUNTY has approved all of the draft reports, the CONSULTANT shall
organize them into a final report to be delivered to the COUNTY for final review
and acceptance,
E. A Presentation to the BOCC may be required by Facilities Development. All
documentation of results shall be presented in a written and electronic report
format suitable for use in future work, Cost of preparation, mailing, photocopying
of one printed copy and one electronic copy of the Report of Findings is included
in the contract amount.
F, Additional professional services required by this contract are:
1, Lease Document Review to determine responsibility for compliance
2, Coordination with Capital Improvements Plan
3, Review of Temporary Facilities Checklist with Supervisor of Elections
2.3 OTHER - Not used
2.4 SCHEDULE
Project assessments and report are to be completed by May 1, 2009, Service
Schedule per attached Appendix"A" of Fee Proposal
Note: Activities listed in 2.2 may occur concurrently.
2.5 COMPLETION DATE
The Project must be completed, as per schedule, by May 1, 2009.
2.6 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any
errors, omissions, deficiencies, or conflicts in the work product of the
CONSULTANT or its subconsultants, or both,
2.7 WRITTEN NOTICE
Any notices sent by the parties shall be deemed to have been duly served if
delivered in person to the individuals and addresses listed below, or if delivered
or sent by first class mail, certified, return receipt, or by courier with proof of
delivery,
All written correspondence to the COUNTY shall be dated and signed by an
authorized representative of the CONSULTANT. The correspondence shall be
directed to:
Jerry Barnett, Director
Facilities Development
Historic Gato Building
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And: Roman Gastesi
County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
Notice to the CONSULTANT shall be delivered to:
Scott Maloney, R.A, NCARB
Mbi / k2m Architecture, Inc,
1001 Whitehead Street
Key West, Florida 33040
ARTICLE III
ADDITIONAL SERVICE
3.1 The services described in this Article III are not included in Basic Services, They
shall be paid for by the Board of County Commissioners as an addition to the
compensation paid for the Basic Services but only if approved by the Board of
County Commissioners before commencement, and are as follows:
A. Providing services of CONSULTANT for other than the previously listed scope
of the Project provided as a part of Basic Services and pursuant to written
approval by Facilities Development.
B. Providing representation before public bodies other than the Board of County
Commissioners in connection with the Project, upon prior approval by Board of
County Commissioners
3.2 If Additional Services are required, such as those listed above, the COUNTY
shall issue a letter requesting and describing the requested services to the
CONSULTANT. Only after receiving an amendment to the Agreement and a
notice to proceed from the COUNTY, shall the CONSULTANT proceed with the
Additional Services,
3.3 For services related to Section 3, the Consultant shall be compensated
according to the following hourly rates, upon approval of Amendment to the
Agreement by the BOCC:
FUNCTION
Principal, Architect I
Project Manager, Arch II, Sr, Interior Design
Project Manager
Construction Administrator
Draftsman I
Draftsman II
Interior Designer
Purchasing Coordinator
Ad m inistrative/Clerical
HOURLY RATES
$215,00
185.00
120,00
120,00
95,00
70,00
80,00
85,00
55.00
3.3.1 If the contract is terminated through no fault of the Consultant, and at the
direction of the Board of County Commissioners, de-mobilization charges shall
be compensated under the hourly rates set out in 3,3 above. Such charges shall
itemized on an invoice which shall be presented to the Clerk of the Circuit Court
for payment.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 COUNTY shall provide full information regarding requirements for the Project
including objectives, schedule, constraints and criteria.
4.2 COUNTY shall designate a representative to act on the COUNTY'S behalf with
respect to the Project. The COUNTY or its representative shall render decisions
in a timely manner pertaining to documents submitted by the CONSULTANT in
order to avoid unreasonable delay in the orderly and sequential progress of the
CONSULTANT'S services,
4.3 Prompt written notice shall be given by COUNTY through its representative to
CONSULTANT if COUNTY becomes aware of any fault or defect in the Project
or non-conformance with the Agreement Documents, Written notice shall be
deemed to have been duly served if sent pursuant to paragraph 2,7,
4.4 The COUNTY shall furnish the required information and services and shall
render approvals and decisions as expeditiously as necessary for the orderly
progress of the CONSULTANT'S services and work of the contractors,
4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such
documents are generally consistent with the COUNTY'S criteria, as, and if,
modified, No review of such documents shall relieve the CONSULTANT of
responsibility for the accuracy, adequacy, fitness, suitability or coordination of its
work product.
4.6 Information requested by CONSULTANT that may be of assistance to the
CONSULTANT and to which the COUNTY has immediate access will be
provided as requested.
4.7 The County shall establish and update an overall budget for the Project based on
consultation with the Director of Facilities Development and the Consultant,
which shall include remediation costs, other county costs, and reasonable
contingencies related to all of these costs,
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONSULTANT covenants and agrees to indemnify, and hold harmless the
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 including reasonable attorney's fees, court costs and expenses to the extent
arising out of, in connection with, or by reason of services provided by CONSULTANT
or its Subcontractor( s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their
officers, employees, servants and agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of Consultant's failure to purchase or maintain the required
insurance, CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delay. Should any claims be asserted against COUNTY
by virtue of any deficiency or ambiguity in the plans and specifications provided by the
CONSULTANT, CONSULTANT agrees and warrants that 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 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.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel 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:
NAME
Scott Malonev
CraiQ Penninqton
William Shepler
Kris Gould
Rafael Gonzalez
Karrie Williams
FUNCTION
Principal Architect I
Project Manager
Projrect Architect
Draftsman II
Administration
Administration
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they
are replaced CONSULTANT shall notify COUNTY of the change immediately.
ARTICLE VII
COM PENSA TION
7.1 CONTRACT SUM
The COUNTY shall pay the CONSULTANT for performance of this Agreement
the sum of $287,115.48 (two hundred eighty-seven thousand one hundred fifteen
dollars and forty eight cents) plus an additional $2,500,00 (two thousand five
hundred dollars and no cents) for re-mobilization fees, It is the intention of the
parties that this sum shall be paid over a period of two fiscal years as approved
by the Board of County Commissioners, Accurate square footage of buildings
and lineal feet of roads is unavailable therefore it is the intention of the parties
that this sum shall be adjusted for additions or reductions as follows:
1. Buildings - Owned and Leased
Quantity - approximately 574,724 square feet
Cost of $0.30 per square foot with a minimum of $250,00 per building.
Any addition or reduction of square footage shall be made at the above
cost and shall be adjusted upon submission of the interim draft report
confirming the measured square footage,
2, Building Sites-Parking, Pathway, Wayfinding
Quantity - approximately 50 sites
Cost of $500 per building site, Any addition or reduction of sites shall be
made at the above cost and shall be adjusted upon submission of the
interim draft report confirming the number of building, parking, pathway,
and wayfinding sites,
3, County Roads and Walks-Key West, Stock Island, Key Haven
Quantity - approximately 100 intersections and approximately 66,212
lineal feet (If) of sidewalk
Cost of $350,00 per intersection, Cost of $50,00 per survey point.
Survey point determined at every 100 feet of sidewalk, Any addition or
reduction of intersections or survey points will be at the above stated cost
and shall be adjusted upon submission of the interim draft report
confirming the number of intersections and survey points,
4. Beaches and Parks
Quantity - 13 Parks and Beaches
Costs Harry Harris Park
Higgs Beach Park and Astra City
Key Largo Community Park
Bernstein Park
Friendship Park
Veterans Park
Watson Field Park
Baypoint Park
Blue Heron Park
Settler's Park
Sunset Point Park
Palm Villa Park
Wilhelmina Harvey Park
$6500,00
$6000,00
$5000,00
$3000,00
$1750,00
$1500.00
$1500,00
$1500.00
$1500,00
$1500,00
$1500.00
$1000,00
$1000.00
5. Temporary Facilities - Polling Places
Quantity - approximately 26 temporary polling sites
Cost of $500 per site, Any addition or reduction of temporary polling site
will be at the above stated cost and shall be adjusted upon submission of
the interim draft report confirming the number of temporary polling sites,
6, Lease Document Review
Quantity - approximately 26 leases
Cost of $200 per lease, Any addition or reduction of lease review will be
at above stated cost and shall be adjusted upon submission of the interim
draft report confirming the number of leases.
7, Coordination with Capital Improvement Plan
Cost of $1500
8, Review of Temporary Facilities Checklist with Supervisor of Elections
Cost of $1500
7.2 PAYMENTS
7.2.1 Unless otherwise provided for in paragraph 7,1 above, for its assumption and
performances of the duties, obligations and responsibilities set forth herein, the
CONSULTANT shall be paid pursuant to the Florida Prompt Payment Act.
(A) If the CONSULTANT'S duties, obligations and responsibilities are
materially changed by amendment to this Agreement after execution of
this Agreement, compensation due to the CONSULTANT shall be
equitably adjusted, either upward or downward,
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing
by the COUNTY, a proper invoice to COUNTY requesting payment for
services properly rendered and reimbursable expenses due hereunder.
The CONSULTANT'S invoice shall describe with reasonable particularity
the service rendered. The CONSULTANT'S invoice shall be accompanied
by such documentation or data in support of expenses for which payment
is sought at the COUNTY may require,
7.3 REIMBURSABLE EXPENSES
Consultant shall be reimbursed for travel expenses, per diem expenses, and
subsistence allowance inside the borders of Monroe County.
7.3.1 Consultant shall be reimbursed for travel expenses, per diem expenses, and
subsistence allowance within the borders of Monroe County, Reimbursable
expenses include expenses incurred by the CONSULTANT in the interest of the
project outside of the basic scope of work,
a, Reimbursable expenses shall be paid when submitted by CONSULTANT,
in writing, in connection with county travel authorized by the COUNTY in
writing, but only to the extent and in the amounts authorized by Section
112,061, Florida Statutes.
b. Fees paid for securing approval of authorities having jurisdiction over the
project.
c. Postage of drawings and specifications except for those charges for postage
between the Consultant's branch offices and between the Consultant and his
consultants.
d, Renderings and models requested by the County
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this
contract in each fiscal year (October 1 - September 30) by COUNTY'S Board of
County Commissioners. The budgeted amount may only be modified by an
affirmative act of the COUNTY'S Board of County Commissioners.
7.4.2 The COUNTY'S performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Board of County Commissioners
and the approval of the Board members at the time of contract initiation and its
duration,
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability
Insurance shall also be maintained as specified, In the event the completion of
the project (to include the work of others) is delayed or suspended as a result of
the CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased
expenses resulting from such delay,
8.2 The coverage provided herein shall be provided by an insurer with an AM. Best
Rating of VI or better, that is licensed to do business in the State of Florida and
that has an agent for service of process within the State of Florida. The insurance
certificate shall contain an endorsement providing thirty (30) days notice to the
COUNTY prior to any cancellation of said coverage, Said coverage shall be
written by an insurer acceptable to the COUNTY and shall be in a form
acceptable to the COUNTY,
8.3 CONSULTANT shall obtain and maintain the following policies:
A Workers' Compensation insurance as required by the State of Florida.
B, Employers Liability Insurance with limits of $1,000,000 per Accident,
$1,000,000 Disease, policy limits, $1,000,000 Disease each employee,
C, Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public 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,
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 subconsultants, including Premises and/or Operations,
Independent Contractors; Broad Form Property Damage and a Contractual
Liability Endorsement with One Million Dollars ($1,000,000) per occurrence
and annual aggregate.
E. Professional liability insurance of One Million Dollars ($1,000,000,00) per
claim and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy
is a "claims made" policy, CONSULTANT shall maintain coverage or
purchase a "tail" to cover claims made after completion of the project to cover
the statutory time limits in Chapter 95 of the Florida Statutes,
F. COUNTY shall be named as an additional insured with respect to
CONSULTANT'S liabilities hereunder in insurance coverage identified in
Paragraphs C and D,
G, CONSULTANT shall require its subconsultants to be adequately insured at
least to the limits prescribed above, and to any increased limits of
CONSULTANT if so required by COUNTY during the term of this Agreement.
COUNTY will not pay for increased limits of insurance for subconsultants.
H, CONSULTANT shall provide to the COUNTY certificates of insurance or a
copy of all insurance policies including those naming the COUNTY as an
additional insured by Section 12,1.3 including any subsection thereunder,
The COUNTY reserves the right to require a certified copy of such policies
upon request.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are
not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project shall become the
property of the COUNTY upon payment in whole and in part of sums due
consultant and may be reproduced and copied without acknowledgement or
permission of the CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign its right hereunder, except its right to
payment, nor shall it delegate any of its duties hereunder without the written
consent of the COUNTY, Subject to the provisions of the immediately preceding
sentence, each party hereto binds itself, its successors, assigns and legal
representatives to the other and to the successors, assigns and legal
representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise,
with or any rights in favor of, any third party,
9.5 TERMINATION
Either party hereto may terminate this Agreement upon giving seven (7) days
written notice to the other in the event that such other party substantially fails to
perform its material obligations set forth herein, The COUNTY may terminate this
Agreement without cause upon giving seven (7) days written notice to the
CONSULTANT. If the COUNTY utilizes this provision, the termination shall
supersede any obligation under paragraph 9,15. Termination expenses shall be
paid and shall include all expenses until date of termination and any additional
services required in order to stop performance of services, subject to audit for
verification,
9.6 CONTRACT DOCUMENTS
This contract consists of the Agreement (Articles I-IX), the CONSULTANT'S
response to the Request for Qualifications for Professional Services for American
with Disabilities Act (ADA) Compliance Assessments for County Facilities and
Roads, the documents referred to in the Agreement as a part of this Agreement,
and attachments Appendix "A" Service Schedule and Appendix "B" ADA
Inventory List of BuildinQs. Parks. Beaches and Roads. In the event of any
conflict between any of the contract documents, the one imposing the greater
burden on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
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 contracts to provide any
goods or services to a public entity, may not submit a bid 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 placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287,133, Florida
Statutes). Violation of this section shall result in termination of this Agreement
and recovery of all monies paid hereto, and may result in debarment from
COUNTY'S competitive procurement activities,
In addition to the foregoing, CONSULTANT further represents that there has
been no determination, based on an audit, that 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 T ANT 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.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied, Each party to this
Agreement or its authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the COUNTY or County
Clerk determines that monies paid to CONSULTANT pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the CONSULTANT
shall repay the monies together with interest calculated pursuant to Sec, 55,03,
of the Florida Statutes, running from the date the monies were paid by the
COUNTY,
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely
in the State, In the event that any cause of action or administrative proceeding
is instituted for the enforcement or interpretation of this Agreement, COUNTY
and CONSULTANT agree that venue shall lie in Monroe County, Florida, in the
appropriate court or before the appropriate administrative body, The Parties
waive their rights to a trial by jury. The COUNTY and CONSULTANT agree that,
in the event of conflicting interpretations of the terms or a term of this Agreement
by or between any of the parties, the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding,
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision,
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees and court costs, as an award against the
non-prevailing party, and shall include reasonable attorney's fees and courts
costs, in appellate proceedings, Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the circuit court of
Monroe County,
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of the COUNTY and CONSULTANT and their respective
legal representatives, successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to
apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives
of each of the parties, If no resolution can be agreed upon within 15 days after
the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners, If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by
Florida law,
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and CONSULTANT agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision of the
services under this Agreement. COUNTY and CONSULTANT specifically agree
that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court
of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party,
effective the date of the court order. CONSUL T ANT or COUNTY agrees to
comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to 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 1975,
as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis
of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, ss, 523 and 527 (42 USC ss, 690dd-3 and 290ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patent records;
8) Title VIII of the Civil Rights Act of 1968 (42 USC s, et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s, 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; 11) Any
other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will
be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112,313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the CONSULTANT
agrees that the COUNTY shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration,
9.21 PUBLIC ACCESS.
The CONSULTANT and COUNTY shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of 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.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of See, 768,28, Florida Statutes, the participation
of the CONSULTANT and the COUNTY in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by
the COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their
respective functions under this Agreement within the territorial limits of the
COUNTY shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside
the territorial limits of the COUNTY,
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or
responsibility, Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law,
9.25 NON.RELlANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the
CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the
COUNTY or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSUL T ANT agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT
shall act as the execution of a truth in negotiation certificate stating that wage
rates and other factual unit costs supporting the compensation pursuant to the
Agreement are accurate, complete, and current at the time of contracting, 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
factual unit costs, All such adjustments must be made within one year following
the end of the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which taken together shall constitute one
and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart,
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on the day and year first above written,
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
(Seal)
Attest:
Title:
CONSUL TANT-MBIIK2M Architecture, Inc.
Michael B. I~m
By: ;LLt~~M-
Title: ;I~Z-~Av!
/J..' ~.. t? .
Date: -(~ ~H?'
END OF AGREEMENT \,~
BY:
o~q:.)i\~:r~~J'. ANN M. AlGER
N"tA,,"'A MY COMMISSION # DD 302215
;i'~~',; EXPIRES; July 21. 2008
""~~9r;,~~"'~ Bonded Thru Notary PubflC Underwriters
s: A^ - 0 /.,) ~ ~ ~ 97A claw 4~Jl;Jo1tf
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tL- PI fir: . ' . MONROE COUNTY ATTORNEY
" A ROVED AS T WM:
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tMTILEENE W CASSEL
83iSTANT COUNTY ATTORNEY
Date 7/1/1J?
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ACORD..
CERTIFICATE OF LIABILITY INSURANCE
INSURER C.
OP ID..,j' DATIl (MIIIDDIVYYY)
K2MDJ:S1~' 08/21/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THe CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
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130 Johnnyca~e Ridge Road
Intor OK 44060
lone: 440-942-2152 Fax: 440-942-2204
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2 30 Su~r1or AIr ,jo~
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,'NSURERS AFFORDING COVERAGE
/'NSURERA: State Auto Mutual In.. Co.
INSURER I;
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VERAGES
IE POLICIES OF INSURANCE LISTED BELOW HAilE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOQ INDICATED. NOTWITHSTANDING
IV REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
IV PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
M.ICIES. AGGREGATE LIMITS SHOWN MAY HAilE BEEN REDUCED BY PAID CLAIMS.
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APPENDIX A
The following information is an itemization of services to be provided for each building, road, or beach I park
type:
Basic Services
Buildings - Monroe County- Per Building Service Owned and Leased
Existing Conditions Analysis
Photograph
Measure
Testing
Draft Plans and Note Problem Areas
Prepare Report - written description of problem and solution supported by pictures and drawing
Quantity - approximately 514,724 square feet
Schedule - To be completed no later than May 1, 2009
Cost - $0.30 / square foot * 574,724 = $172,417.20 less $17,241.72 = $155,175.48
Minimum of $250 per building
SItes - Evaluate building sites for compliance including parking, pathways and wayfinding.
Quantity - approximately 50 sites
Schedule - To be completed no later than May 1, 2009 - work to be done concurrent with building
assessments
Cost - $500/ site = $25,000.00 less $2500.00 = $22,500.00
Roads and Walks - County Roads in Key West, Stock Island, and Key Haven (Raccoon Key)
Survey Intersections - all curbs, curb rarl1pS, raised patterned surfaces, and slopes
Photograph Existing Conditions
Survey Sidewalks - measurements taken every 100-foot
Drawing - intersections only
Quantity - Approximately 100 intersections and approxirnately 66,212 lineal feet (If) of sidewalk
Schedule - To be completed no later than May 1, 2009
Cost- $350/intersecfion * 100= $35,000.00 less $3500.00 = $31,500.00
Cost- 66,212/fofsidewalk/100 ft- 663 survey points * 50= $33,150.00 less $3315,00= $29,835.00
Beaches I Parks
Survey access points including parking and pathways.
Photograph Existing Conditions
Survey Playground access
Prepare Report - written description of problem and solution supported by pictures.
Quantity - 13 pats and beaches
Schedule - To be COI'l1>I9ted no later than March 1, 2009
Cost - total $32,250.00 less $3225.00 = $29,025.00
Harry Harris Park
Higgs Beach Park and /v;tro City
Key Largo Coomunity Park
Bernstein Park
Friendship Park
Veterans Park
Watson Field Park
Baypoint Park
Blue Heron Park
Settler's Park
$6500,00
$6000.00
$5000.00
$3000.00
$1750.00
$1500.00
$1500.00
$1500.00
$1500.00
$1000.00
Sunset Point Park
Palm Villa Park
Wilhelmina Harvey Park
$1000.00
$1000.00
$1000.00
Temporary Locations - Polling Places only
Photograph Existing Conditions
Survey path from parking lI'8a to actual location of polling stands
FIeld measure polling area where stands are located
Draft Plans and Note Problem Neas
Prepare Report - written description of problem and solution supported by pictures and drawing
Quantity - approximately 26 locations
Schedule - To be completed no later than March 1, 2009
Cost- $5CXY location * 26 = $13,000.00 less $1300.00= $11,700.00
Lease Document Review
Review lease documents to detemine which party is responsible to bring building in compliance
with recomnendations. County Attorney's Office shall provide Design Professional access to these
documents. All items contained within the documents will reman strictly confidential as required by
the County if not part of the public record.
Quantity - 26 (maximum)
Schedule - 2 weeks -to be completed no later than March 1, 2009
Cost - $200 IIeas8 it 26 = $5200.00 less $520.00 = $4,680,00
Coordination of with Capital Improvements Plan
Design Professional will coordinate with the Capital Improvement Plan for the next ~ 10 years.
Recommendations will be predicated on whether the building is slated for renovation, demolition, or
to remain unchanged.
Schedule - 1 month - to be completed no later than March 1, 2009
Cost - $15OOJJO less $150.00 = $1,350.00
Review of Checklist on file with Supervisor of 8ectlons
Design Professional will review the Supervisor of Elections checkHst for temporary facilities to
ensure all compliance criteria are contained in the list Comments and recommended revisions will
be provided as the deliverable.
Schedule - 1 month - to be completed no later than March 1, 2009
Cost - $1500.00 less $150.00 = $1,350.00
End of Basic Services
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