Consulting Services for Parks ADA Self-Evaluaiton.pdf
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- Attached to
- Consulting Service for Parks ADA Self-Evaluation
- Solicitation number
- 8918
- Issued by
- Washtenaw County, Michigan
About this file
This is a Request for Proposal (RFP) #8918 issued by the Washtenaw County Purchasing Administration on behalf of the Washtenaw County Parks and Recreation Commission (WCPARC) for consulting services to develop an Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. The project requires a qualified consultant to conduct a comprehensive assessment of WCPARC's policies, practices, programs, services, activities, and facilities to identify accessibility barriers and ensure Title II ADA compliance across the county's park system, which encompasses over 7,000 acres across 14 parks and 40 nature preserves serving approximately 375,000 county residents. The scope of work includes five primary tasks: project management; community engagement and public outreach; self-evaluation and field surveys of all public buildings, structures, playgrounds, amenities, access pathways, parking lots, and policies; staff training on ADA compliance; and development of a prioritized transition plan with cost estimates and implementation schedules. Electronic proposals must be submitted by November 24, 2026, at 2:00 PM EST through the Washtenaw County Open Bids website. Interviews with selected bidders are anticipated for the week of December 7 or 14, 2026, with a Notice of Award scheduled for January 12, 2027. The initial contract term is two years with an option to renew for an additional one year, with a project kick-off date of February 1, 2027, and project completion deadline of December 31, 2028.
Award will be made to the most responsive, responsible bidder demonstrating the most relevant experience and qualifications, with evaluation criteria including qualifications and relevant experience (35 points), project understanding and approach (25 points), public engagement and collaboration (10 points), schedule and project management (10 points), and fee proposal (20 points), for a total of 100 available points. Proposals must include an itemized, not-to-exceed cost breakdown by task, hourly rates, estimated hours by personnel, and reimbursable expenses, with optional value-added services identified separately. A local vendor preference applies, providing a 5% discount for Washtenaw County-based companies and a 3% discount for Michigan-based companies on qualifying bid amounts. Required proposal attachments include vendor qualifications and relevant experience, three client references from projects completed within the last five years, review of sample contract provisions and insurance requirements, and completed Local Vendor Preference Certification Application and Affidavit. Insurance requirements include Workers' Compensation (Michigan statutory limits), Commercial General Liability ($1,000,000 combined single limit with Washtenaw County as additional insured), and Automobile Liability ($1,000,000 combined single limit). The contract is subject to Washtenaw County's Living Wage Ordinance requiring a minimum of $17.42 per hour with benefits or $19.42 per hour without benefits, adjusted annually.
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REQUEST FOR PROPOSAL
#8918
Consulting Services for an
ADA Self-Evaluation and Transition Plan
FOR
Washtenaw County Parks & Recreation
Issued By:
Washtenaw County Purchasing Administration Building 220 N. Main Street Ann Arbor, MI 48104
Beth A. Duffy, CPPB Purchasing Manager
(734) 222-6768
Proposal Submitted by:
Please type Bidder’s Company Name & include as proposal cover
WASHTENAW COUNTY
Finance Department
Purchasing Division
220 N. Main, Ann Arbor, MI 48104 phone (734) 222-6760, Fax (734) 222-6764 www.purchasing.washtenaw.org
RFP #8918
10/18/2026
Washtenaw County Purchasing Division on behalf of Parks & Recreation (Washtenaw County Department) is issuing a sealed RFP #8918 for Consulting Services for an ADA Self-Evaluation and Transition Plan.
All required bid documentation for this project may be obtained at the Washtenaw County Purchasing Division website, https://www.washtenaw.org/2431/Open-Bids
Sealed Proposals:
Bidder will deliver an electronic response to this solicitation at our Open Bids website by using the “Submit A Proposal” button associated with RFP #8918 at:
https://www.washtenaw.org/2431/Open-Bids
By Tuesday, November 24, 2026 @ 2:00 PM EST
Proposals received after the above cited time will be considered a late bid and are not acceptable unless waived by the Purchasing Manager.
Bid proposals submitted through will not be accepted.
• Please direct purchasing and procedural questions regarding this RFP to Beth Duffy via e-mail only to duffyb@washtenaw.org.
• Please direct technical questions regarding this RFP to Kira Macyda, Dept contact, via e-mail only at macydak@washtenaw.org, with a copy to the purchasing and procedural questions contact as well.
mailto:duffyb@washtenaw.org
✓ Bidders or their representatives are prohibited from communicating with
Washtenaw County employees regarding this RFP except as provided under TECHNICAL QUESTIONS.
✓ Violation of this provision by the bidders and/or their agent may lead to disqualification of the bidder’s proposal from consideration. Your response submission must be clearly marked RFP #8918.
Thank you for your interest.
RFP TIMELINE & KEY DATES
Event / Milestone Date / Time
RFP Issuance Date October 18, 2026
Deadline for Written Questions November 2, 2026
County Answers Posted via Addendum
November 12, 2026
Proposal Submission Deadline November 24, 2026
Interviews Week of December 7 or 14, 2026
Notice of Award January 12, 2027
Project Kick-Off February 1, 2027
Project Completion December 31, 2028
BID #8918 Consulting Services for an ADA Self-Evaluation and Transition Plan
PROPOSAL INFORMATION
I. PROPOSAL DEFINITIONS
Definitions
“Bidder” An individual or business submitting a bid to Washtenaw County
“Contractor/Vendor” One who contracts to perform services in accordance with a legal agreement
“County” Washtenaw County in Michigan
“Department” Parks & Recreation
II. TERMS
A. Washtenaw County reserves the right to reject any and all proposals received as a result of this RFP. If a proposal is selected, it will be the most advantageous regarding price, quality of service, the BIDDERS’ qualifications and capabilities to provide the specified service, and other factors that the County may consider. The County does not intend to award a contract fully on the basis of any response made to the proposal;
the County reserves the right to consider proposals for modifications at any time before a contract would be awarded and negotiations would be undertaken with that BIDDER whose proposal is deemed to best meet the County’s specifications and needs.
B. The County reserves the right to reject any or all bids, to waive or not waive informalities or irregularities in bids or bidding procedures, and to accept or further negotiate cost, terms, or conditions of any bid determined by the County to be in the best interests of the County even though not the lowest bid.
C. Proposals must be signed by an official authorized to bind the BIDDER to its provisions for at least a period of 90 days. Failure of the successful bidder to accept the obligation of the contract may result in the cancellation of any award.
D. In the event it becomes necessary to revise any part of the RFP, addenda will be provided. Deadlines for submission of RFP's may be adjusted to allow for revisions.
To be considered, Vendor will deliver one (1) e-proposal in .pdf format to the County as indicated on or before the date specified.
E. Proposals should be prepared simply and economically providing a straight-forward, concise description of the BIDDER'S ability to meet the requirements of the RFP.
Proposals must be typed or clearly legible.
F. The initial award of this contract shall be for a period of two years, with an option to renew an additional year, pending agreement by both parties.
G. CONFLICT OF INTEREST. Bidder warrants that to the best of bidder’s knowledge, there exists no actual or potential conflict between bidder and the County, and its Services under this request, and in the event of change in either bidder’s private interests or Services under this request, bidder will inform the County regarding possible conflict of interest which may arise as a result of the change. Bidder also affirms that, to the best of the bidder’s knowledge, there exists no actual or potential conflict between a County employee and Bidder.
H. The bidder shall be responsible for all costs incurred in the development and submission of this response. Washtenaw County assumes no contractual obligation as a result of the issuance of this RFP, the preparation or submission of a response by a bidder, the evaluation of an accepted response, or the selection of finalists. All proposals, including attachments, supplementary materials, addenda, etc. shall become the property of Washtenaw County and will not be returned to the bidder.
I. Any responses, materials, correspondence, or documents provided to Washtenaw County under this solicitation are subject to the State of Michigan Freedom of Information Act and may be released to third parties in compliance with that Act.
J. Local Vendor Preference – A policy adopted by the Washtenaw County Board of Commissioners (BOC) that shall govern the procurement of goods, services and food from local vendors located in Washtenaw County and the State of Michigan. The intent of the BOC is to encourage and promote economic growth and regional job development. The policy shall be applied to Washtenaw County operated programs as allowed, except those that are federally funded directly or indirectly. All other Procurement Policies and Procedures remain in full effect. Please see “Local Vendor Certification Application & Affidavit” enclosed in this RFP.
K. Vendor Appeal Process – Unsuccessful bidders may appeal an award of contract, lease or purchase order to the County Administrator. All appeals shall be made in writing to the County Administrator with a copy to purchasing within five (5) business days of the Notice to Award. The County Administrator shall take necessary actions to review the appeals and respond to the individual submitting an appeal within five (5) business days. This response shall be documented in writing in the bid file.
L. Any oral responses to any questions shall be unofficial and not binding on Washtenaw County. The County’s procurement staff will make such interpretation or correction, as well as any additional RFP provisions that the County may decide to include, only as an RFP addendum. Any addendum issued by the County shall become a part of the RFP. Bidders should consider issued addendums in preparing his or her proposal submission. Questions may not be responded to if received within five (5) business days prior to bid opening.
III. VENDOR SPECIFICATIONS
The proposal shall include all of the following information. Failure to include all of the required information may result in disqualification of a Bidder. See project “Scope” (Section V) for additional proposal requirements.
A. State the bidder’s qualifications to provide the services required by Washtenaw County. Include years in business under your present company name, staff profile and experience.
(Include as Attachment A)
B. List three (3) references from previous corporate or government customers purchasing similar services. Include business name, contact name, title, email address and phone number.
(Include as Attachment B)
C. Review contract provisions and insurance requirements. Note any limitations on any of the articles or providing insurance requirements as outlined in the contract provisions contained in Sample Contract.
(Include as Attachment C)
D. Review and attach Local Vendor Preference Certification information and signed Affidavit.
(Include as Attachment D)
IV. AWARD
Award will be made to the lowest responsive, responsible bidder, with the most relevant experience and best qualifications. However, the award may not be based solely on low bid alone.
Evaluation and selection of vendor for award of contract will be based on the most responsive bidder with the most relevant experience and qualifications for the project needs. The award will not be based solely on the low fee structure. Staff will review the proposals and will conduct interviews with selected bidders that demonstrate significant experience and successful past performance with similar park agencies; have technically correct and complete proposal; and have the organizational capacity to carry out the work if awarded to meet WCPARC timelines. It is anticipated virtual interviews will be conducted the week of December 7 or December 14, 2026. Based on evaluation of the submitted materials, references, and performance in formal interview, WCPARC staff will make a recommendation to the Parks Commission regarding the bidder selected for contract award.
The County reserves the right to award this contract to more than one vendor for the different areas of work at the County’s discretion. The County reserves the right to add additional vendors at any time to ensure adequate services.
V. SCOPE OF WORK
Community Overview
Washtenaw County is located in Southeast Michigan, about 30 miles west of Detroit. It is home to around 375,000 people and it regularly attracts thousands of visitors to the University of Michigan campus and its numerous natural areas.
The Washtenaw County Parks and Recreation Commission (WCPARC) is a millage funded, semi-autonomous agency working within broader Washtenaw County government. The Parks Commission is the governing body overseeing fiscal management and planning of the county’s park system. It employs 58+ full-time staff and upwards of 350-400 seasonal and part-time staff to serve hundreds of thousands of visitors annually.
WCPARC manages more than 7,000 acres across 14 parks and 40 nature preserves. It also manages the regional Border to Border Trail network and offers numerous educational programs. The park system provides a diverse range of recreational opportunities, including a recreation center, golf course, water parks, park trails, and playgrounds. A detailed overview of WCPARC may be found in the most recent 5-Year Parks & Recreation Master Plan at: https://www.washtenaw.org/comprehensive-master-plan.
Project Scope
The Americans with Disabilities Act (ADA) is a law enacted by the U.S. Congress in 1990. It guarantees that persons with disabilities have the same opportunities to employment, purchase goods and services, and participate in state and local government programs. Title II of the ADA requires state and local governments to make their programs, services, and activities accessible to persons with disabilities, and establishes physical requirements for public facilities. ADA regulations required that public entities comply with the following administrative requirements:
• Perform a self-evaluation of policies and practices to identify those inconsistent with ADA requirements.
• Develop and maintain a grievance policy and procedure.
• Designate an individual responsible for overseeing ADA compliance.
• Develop a Transition Plan when structural changes are necessary to achieve program accessibility.
Washtenaw County Parks and Recreation Commission (“WCPARC”) is seeking a qualified consultant (“Consultant”) to assist with the agency’s first Americans with Disabilities Act https://www.washtenaw.org/comprehensive-master-plan
Self-Evaluation and Transition Plan (“ADA Transition Plan”) to ensure compliance with Title II of the ADA. The project shall be completed no later than December 31, 2028. The following series of tasks identify responsibilities and project outcomes.
Task 1: Project Management
The Consultant will lead the planning process to ensure compliance with applicable ADA requirements. Tasks will include, but are not limited to:
• Developing a schedule and detailed scope and maintaining budget.
• Overseeing all aspects of project planning ensuring alignment with ADA requirements.
• Providing regular updates and communication with the WCPARC designated point of contact.
• Facilitating meetings, including project kick-off and close-out as well as project team meetings throughout the planning process.
• Proposal should include details in plan of work.
• Providing two (2) bound hard copies of completed ADA Self-Evaluation and
Transition Plan and digital files of all completed tasks.
The designated WCPARC point of contact will work closely with the Consultant to ensure the project moves forward in accordance with the agreed upon schedule. WCPARC will make available materials to support the work carried out by the Consultant, including agency policies, pertinent GIS data, and other relevant documents.
Task 2: Community Engagement
• The Consultant, in collaboration with WCPARC, will be responsible for coordinating and facilitating the following activities to ensure thorough community representation: Develop a public engagement strategy for proposed outreach.
Strategy should include opportunities for public comment during the process as well as development of presentation and informational materials.
• Identify the types and number of meetings/workshops necessary to achieve suitable engagement to meet the plan’s goals.
o Identify and engage stakeholder groups and other interested individuals o Present at Parks Commission meeting/s
Task 3: Self-Evaluation and Field Survey
The Self-Evaluation is an assessment of an agency’s public Programs, Services, and Activities (PSAs), facilities, and policies to identify and correct barriers that prevent access for individuals with disabilities. Consultant will conduct, with assistance from WCPARC staff, a comprehensive Self-Evaluation to identify and address accessibility barriers and compliance issues.
The Consultant will establish, in coordination with WCPARC, criteria for determining which facilities, amenities, and programs may be addressed through representative sampling, system-wide evaluation, or other appropriate methods. Consultant will evaluate each park amenity and recommend reasonable modifications, operational solutions, or targeted physical adaptations that maximize access while preserving the intended park use. Where a complete physical evaluation or alteration of an amenity is not practicable or necessary, the Consultant shall evaluate whether alternative methods of providing program access are available and appropriate. A listing of amenities for survey is found in “Exhibit A.”
Tasks will include, but are not limited to:
• Self-Evaluation Administration o Prepare necessary documents, materials, forms, and resources to conduct the Self-Evaluation.
o Develop a strategy to implement and complete the Self-Evaluation process.
o Facilitate meetings with county staff to gather information on programs, services, activities, facilities, and policies/practices.
• Policies, Practices, and Procedures o An administrative audit of internal and external operating procedures. This includes, but is not limited to, standard registration procedures, inclusion/accommodation request workflows, service animal rules, staff training protocols, emergency evacuation procedures, and the public grievance/complaint process.
• Programs, Services, and Activities (PSAs) o Review all public-facing offerings. This includes, but is not limited to, swim lessons, aerobics classes, special events, and volunteer programs. “Exhibit A” provides an overview of existing programs.
• Field Surveys o Conduct field surveys of all public WCPARC buildings and structures;
playgrounds and recreation amenities; access pathways, sidewalks and curb ramps; and parking lots to identify physical barriers that limit accessibility.
Some tasks may be supported by or carried out by WCPARC staff. Amenities to be surveyed are found in “Exhibit A.”
o Field surveys will use 2010 ADA Standards for Accessible Design, ADAAG (when appropriate), and other applicable standards.
o Inventory and map identified barriers in GIS, including photographs and GPS coordinates linked to Washtenaw County’s existing ESRI-based GIS system.
• Recommendations and Prioritization o Identify and determine compliance for all WCPARC public PSAs, facilities, and policies/practices.
o Provide recommendations to bring PSAs and Policies, Practices, and
Procedures into compliance.
o Provide recommendations for reasonable modifications, operational solutions, or targeted physical adaptations to resolve non-compliance issues, where feasible. Examples include:
▪ Relocation of public activities, services, or events to readily accessible alternate spaces or floors.
▪ Use of auxiliary aids or assistive technologies.
▪ Minor physical barrier removal where structural alteration is technically infeasible or cost-prohibitive.
o Develop a prioritized list of improvements using a scoring matrix, rating system or similar, while considering coordination with the WCPARC Capital Improvement Plan, for a phased planning approach. List may include “tiered remedy” recommendations to address interim near-term solutions.
o Where full technical compliance cannot be achieved due to physical constraints, structural load limitations, or disproportionate financial burden, the Consultant shall document the technical infeasibility and deliver recommendations that provide accessibility to the maximum extent practicable.
o Provide itemized cost opinions for resolving identified non-compliance issues.
Note: Website review is exempt from this ADA Self-Evaluation and Transition Plan contract.
Washtenaw County’s Corporation Counsel and Information Technology departments are independently addressing digital accessibility compliance.
Task 4: Staff Training
To support implementation of the ADA Transition Plan and help WCPARC maintain compliance, the Consultant will train designated Parks staff in the following areas:
• Outline roles and responsibilities of ADA Coordinator. Train to ensure compliance.
• Applicable government codes, statutes, and regulations.
• Conducting field investigations and inspections.
• Preparing ADA Compliance Assessment Reports.
• Using and maintaining the ADA compliance database and project map.
• Monitoring and updating the ADA Self-Evaluation and Transition Plan.
Task 5: Transition Plan
Develop the ADA Transition Plan based upon the results of the Self-Evaluation Report, policy reviews, WCPARC staff guidance, and staff and public feedback. Transition Plan will comply with Title II of the ADA and include, but is not limited to, the following:
• Identify the methodology for the self-evaluation of existing barriers to accessibility.
• Summary of the findings of the self-evaluation.
• Detailed recommendations of remedial measures to correct deficiencies and a methodology for prioritization of barrier remediation.
• Cost estimates of remediation measures and barrier removal plans.
• In consultation with WCPARC staff, prepare an implementation schedule that includes milestones or measures of achievement for monitoring implementation.
• Procedures for periodically reviewing and updating the Transition Plan.
• Procedures and forms for performing evaluations of additional barriers.
• Procedures and forms for filing Requests for Accommodation
• Development of Grievance Policy and Procedure and ADA Notice with contact information for the ADA Coordinator, accessibility related resources, and information about accessible facilities and programs.
Optional or Value-Added Services
The Bidder may propose additional services, tasks, or alternative approaches beyond the base Scope of Work that would provide added value or benefit to the County. Each proposed service shall be described in the proposal, including its purpose, anticipated benefits, and associated fees. Such services shall be clearly identified as Optional or Value-Added Services and separately itemized in the Fee Proposal. They shall be excluded from the base fee proposal.
Format for Proposed Materials and Selection Criteria
Proposals will be reviewed for completeness and scored using the evaluation matrix. All proposals must include the following criteria and adhere to the Washtenaw County Purchasing Department Terms indicated in Section III: Vendor Specifications. Note that certain items must be submitted as specific attachments to your proposal.
A complete response should include:
Attachment A: Vendor Specifications and Qualifications
1. Project Approach Describe in detail your firm’s methodology for providing the services outlined in the Scope of Work, including a clear outline of all deliverables and key project milestones.
2. Firm/Team Structure, Qualifications, and Relevant Experience Describe your company’s experience with developing ADA Self-Evaluations and Transition Plans, conducting accessible public outreach, utilizing GIS for analysis, and presenting recommendations to clients. Include:
• Team Structure: Describe your overall project team layout and organizational hierarchy.
• Experience: Highlight three projects similar in scope and complexity that demonstrate the capabilities of your firm and proposed key personnel. For each project, include the project name, a brief description of work performed, the specific role of the firm/key personnel, and the completion date.
• Key Personnel: Identify key personnel, including all subconsultants, assigned to this project. Include a short bio or resume highlighting relevant experience.
3. Project Schedule Provide a project timeline along with an estimated schedule of hours per task.
Attachment B: References
Provide three client references who can verify your firm’s expertise on similar projects completed within the last five (5) years. Include company name, contact person, address, phone number, and email address.
Attachment C: Contract and Insurance Review the sample contract provisions and insurance requirements. Note any exceptions or limitations to the terms provided in the Sample Contract.
Attachment D: Local Vendor Preference (Pages 20–23) Include the completed Local Vendor Preference Certification Application and Affidavit.
Authorized Signature Page (Page 24) Proposals must be submitted under the official legal name of the firm and signed by an individual authorized to legally bind the company or corporation.
Fee Proposal Submit a Not-To-Exceed Amount that includes an itemized breakdown of costs corresponding to each task in the Scope of Work. Include billing methods, hourly rates, estimated hours per task by personnel, and any applicable reimbursable expenses. All fees must be submitted on the official Price Sheet (Page 19).
• Add Alternate: Guide the process, in collaborations with WCPARC staff, to develop parkwide accessibility goals and standards.
• Optional or Value-Added Services: Identify any proposed additions, enhancements, or alternative fees outside the core scope clearly on the Price Sheet under "Optional or Value-Added Scope of Work."
Evaluations Matrix
Proposals will be scored against the following criteria using the matrix below:
RFP Scoring Criteria Points Available
1. Qualifications and Relevant Experience 35
2. Project Understanding and Approach 25
3. Public Engagement and Collaboration 10
4. Schedule and Project Management 10
5. Fee Proposal 20
TOTAL AVAILABLE POINTS 100
SA
M
PLE
VI. SAMPLE STANDARD PROVISIONS FOR CONTRACTS
If a contract is awarded, the selected contractor will be required to adhere to a set of general contract provisions which will become a part of any formal agreement. These provisions are general principles which apply to all contractors of service to Washtenaw County such as the following:
SERVICE CONTRACT Contract #__________
(NAME OF CONTRACTOR)
AGREEMENT is made this ______ day of _____________, 2025, by the COUNTY OF WASHTENAW, a municipal corporation, with offices located in the County Administration Building, 220 North Main Street, Ann Arbor, Michigan 48107(“County”) and (NAME OF CONTRACTOR) located at (CONTRACTOR’S ADDRESS) (“Contractor”).
In consideration of the promises below, the parties mutually agree as follows:
ARTICLE I - SCOPE OF SERVICES
The Contractor will (SPELL OUT SCOPE OF SERVICE)
ARTICLE II - COMPENSATION
Upon completion of the above services and submission of invoices the County will pay the Contractor an annual amount not to exceed (SPELL OUT DOLLAR AMOUNT).
ARTICLE III - REPORTING OF CONTRACTOR
Section 1 - The Contractor is to report to (DEPARTMENT HEAD TITLE) and will cooperate and confer with him/her as necessary to insure satisfactory work progress.
Section 2 - All reports, estimates, memoranda and documents submitted by the Contractor must be dated and bear the Contractor's name.
Section 3 - All reports made in connection with these services are subject to review and final approval by the County Administrator.
Section 4 - The County may review and inspect the Contractor's activities during the term of this contract.
Section 5 - When applicable, the Contractor will submit a final, written report to the County Administrator.
Section 6 - After reasonable notice to the Contractor, the County may review any of the Contractor’s internal records, reports, or insurance policies.
ARTICLE IV - TERM
This contract is for a three (3) year term (change as necessary) which begins on (MONTH, DAY, YEAR) and ends on (MONTH, DAY, YEAR) with an option to extend for two (2) additional one (1) year periods.
ARTICLE V - PERSONNEL
Section 1 - The contractor will provide the required services and will not subcontract or assign the services without the County’s written approval.
Section 2 - The Contractor will not hire any County employee for any of the required services without the County’s written approval.
Section 3 - The parties agree that all work done under this contract shall be completed in the United States and that none of the work will be partially or fully completed by either an offshore subcontractor or offshore business interest either owned or affiliated with the contractor. For purposes of this contract, the term, “offshore” refers to any area outside the contiguous United States, Alaska or Hawaii.
ARTICLE VI-INDEPENDENT CONTRACTOR
Contractor and the County shall, at all times, be deemed to be independent contractors and nothing herein shall be construed to create or imply that there exists between the parties a partnership, joint venture or other business organization.
Contractor shall hold no authority, express or implied, to commit, obligate or make representations on behalf of the County and shall make no representation to others to the contrary.
Nothing herein is intended nor shall be construed for any purpose as creating the relationship of employer and employee or agent and principal between the parties.
Except as otherwise specified in this contract, Contractor retains the sole right and obligation to direct, control or supervise the details and means by which the services under this contract are provided.
Contractor shall not be eligible for, or participate in, any insurance, pension, workers’ compensation insurance, profit sharing or other plans established for the benefit of the County’s employees. Contractor shall be solely responsible for payment of all taxes arising out of the Contractor’s activities in connection with this Agreement, including, without limitation, federal and state income taxes, social security taxes, unemployment insurance taxes and any other tax or business license fees as required. The County shall not be responsible for withholding any income or employment taxes whatsoever on behalf of the Contractor.
ARTICLE VII - INDEMNIFICATION AGREEMENT
The contractor will protect, defend and indemnify Washtenaw County, its officers, agents, servants, volunteers and employees from any and all liabilities, claims, liens, fines, demands and costs, including legal fees, of whatsoever kind and nature which may result in injury or death to any persons, including the Contractor’s own employees, and for loss or damage to any property, including property owned or in the care, custody or control of Washtenaw County in connection with or in any way incident to or arising out of the occupancy, use, service, operations, performance or non-performance of work in
PLE
connection with this contract resulting in whole or in part from negligent acts or omissions of contractor, any sub-contractor, or any employee, agent or representative of the contractor or any sub-contractor.
ARTICLE VIII - INSURANCE REQUIREMENTS
The Contractor will maintain at its own expense during the term of this Contract, the following insurance:
1. Workers' Compensation Insurance with Michigan statutory limits and Employers Liability Insurance with a minimum limit of $100,000 each accident for any employee.
2. Commercial General Liability Insurance with a combined single limit of
$1,000,000 each occurrence for bodily injury and property damage. The County shall be added as "additional insured" on general liability policy with respect to the services provided under this contract.
3. Automobile Liability Insurance covering all owned, hired and nonowned vehicles with Personal Protection Insurance and Property Protection Insurance to comply with the provisions of the Michigan No Fault Insurance Law, including residual liability insurance with a minimum combined single limit of $1,000,000 each accident for bodily injury and property damage. For transportation services contracts, the County shall be added as additional insured on automobile liability policy with respect to the services provided under this contract.
Insurance companies, named insureds and policy forms may be subject to the approval of the Washtenaw County Administrator, if requested by the County Administrator. Such approval shall not be unreasonably withheld. Insurance policies shall not contain endorsements or policy conditions which reduce coverage provided to Washtenaw County. Contractor shall be responsible to Washtenaw County or insurance companies insuring Washtenaw County for all costs resulting from both financially unsound insurance companies selected by Contractor and their inadequate insurance coverage. Contractor shall furnish the Washtenaw County Administrator with satisfactory certificates of insurance or a certified copy of the policy, if requested by the County Administrator.
No payments will be made to the Contractor until the current certificates of insurance have been received and approved by the Administrator. If the insurance as evidenced by the certificates furnished by the Contractor expires or is canceled during the term of the contract, services and related payments will be suspended. Contractor shall furnish certification of insurance evidencing such coverage and endorsements at least ten (10) working days prior to commencement of services under this contract.
Certificates shall be addressed to the Washtenaw County c/o: INSERT DEPARTMENT & Contract #__________, P. O. Box 8645, Ann Arbor, MI, 48107, and shall provide for 30 day written notice to the Certificate holder of cancellation of coverage.
ARTICLE IX - COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor will comply with all federal, state and local regulations, including but not limited to all applicable OSHA/MIOSHA requirements and the Americans with Disabilities Act.
ARTICLE X - INTEREST OF CONTRACTOR AND COUNTY
The Contractor promises that it has no interest which would conflict with the performance of services required by this contract. The Contractor also promises that, in the performance of this contract, no officer, agent, employee of the County of Washtenaw, or member of its governing bodies, may participate in any decision relating to this contract which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested or has any personal or pecuniary interest. However, this paragraph does not apply if there has been compliance with the provisions of Section 3 of Act No. 317 of the Public Acts of 1968 and/or Section 30 of Act No. 156 of Public Acts of 1851, as amended by Act No.
51 of the Public Acts of 1978, whichever is applicable.
ARTICLE XI - CONTINGENT FEES
The Contractor promises that it has not employed or retained any company or person, other than bona fide employees working solely for the Contractor, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach of this promise, the County may cancel this contract without liability or, at its discretion, deduct the full amount of the fee, commission, percentage, brokerage fee, gift or contingent fee from the compensation due the Contractor.
ARTICLE XII - EQUAL EMPLOYMENT OPPORTUNITY
The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, sexual orientation, national origin, physical handicap, age, height, weight, marital status, veteran status, religion and political belief (except as it relates to a bona fide occupational qualification reasonably necessary to the normal operation of the business).
The Contractor will take affirmative action to eliminate discrimination based on sex, race, or a handicap in the hiring of applicant and the treatment of employees. Affirmative action will include, but not be limited to: Employment; upgrading, demotion or transfer;
recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship.
The Contractor agrees to post notices containing this policy against discrimination in conspicuous places available to applicants for employment and employees. All solicitations or advertisements for employees, placed by or on the behalf of the
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Contractor, will state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, sexual orientation, national origin, physical handicap, age, height, weight, marital status, veteran status, religion and political belief.
ARTICLE XIII - LIVING WAGE
The parties understand that the County has enacted a Living Wage Ordinance that requires covered vendors who execute a service or professional service contract with the County to pay their employees under that contract, a minimum of either $17.42 per hour with benefits or $19.42 per hour without benefits. Contractor agrees to comply with this Ordinance in paying its employees. Contractor understands and agrees that an adjustment of the living wage amounts, based upon the Health and Human Services poverty guidelines, will be made on or before April 29, 2027 and annually thereafter which amount shall be automatically incorporated into this contract. County agrees to give Contractor thirty (30) days written notice of such change. Contractor agrees to post a notice containing the County’s Living Wage requirements at a location at its place of business accessed by its employees.
ARTICLE XIV - EQUAL ACCESS
The Contractor shall provide the services set forth in Article I without discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, marital status, physical handicap, or age.
ARTICLE XV - OWNERSHIP OF DOCUMENTS AND PUBLICATION
All documents developed as a result of this contract will be freely available to the public. None may be copyrighted by the Contractor. During the performance of the services, the Contractor will be responsible for any loss of or damage to the documents while they are in its possession and must restore the loss or damage at its expense.
Any use of the information and results of this contract by the Contractor must reference the project sponsorship by the County. Any publication of the information or results must be co-authored by the County.
ARTICLE XVI - ASSIGNS AND SUCCESSORS
This contract is binding on the County and the Contractor, their successors and assigns. Neither the County nor the Contractor will assign or transfer its interest in this contract without the written consent of the County Administrator, Corporation Counsel, and Contractor.
ARTICLE XVII - TERMINATION OF CONTRACT
Section 1 - Termination without cause. Either party may terminate the contract by giving thirty (30) days written notice to the other party.
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Section 2 - In the event of any breach or default by the County or the Contractor of the terms and conditions of this Agreement, the party not in default will give written notice to the party in default specifying the acts and/or omissions constituting the alleged default or breach; if within fifteen (15) working days after issuance of such notice, the party in default has failed to cure such default, then in that event, the party not in default may terminate this Agreement and exercise such other rights as are provided herein and by law for breach of contract; provided, however, that if the alleged default can be cured by the performance of work or repairs or by some act, the performance of which requires a period of time, such default will be determined to have been cured if, within the above-referenced fifteen (15) working days, the party allegedly in default has begun to cure the default and continues until such default is cured within a reasonable time.
ARTICLE XVIII - PAYROLL TAXES
The Contractor is responsible for all applicable state and federal social security benefits and unemployment taxes and agrees to indemnify and protect the County against such liability.
ARTICLE XIX - PRACTICE AND ETHICS
The parties will conform to the code of ethics of their respective national professional associations.
ARTICLE XX- CHANGES IN SCOPE OR SCHEDULE OF SERVICES
Changes mutually agreed upon by the County and the Contractor, will be incorporated into this contract by written amendments signed by both parties.
ARTICLE XXI - CHOICE OF LAW AND FORUM
This contract is to be interpreted by the laws of Michigan. The parties agree that the proper forum for litigation arising out of this contract is in Washtenaw County, Michigan.
ARTICLE XXII-FEDERALLY REQUIRED PROVISIONS
When applicable, the following provisions shall apply to contracts funded in whole, or in part, by federal award monies:
For “federally assisted construction contracts” as defined by 41 CFR Part 60-1.3, Contractor must comply with the equal opportunity clause provided under 41 CFR 60— 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, 1964—1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
For all prime construction contracts exceeding $2,000.00 awarded by non-Federal entities, Contractor shall comply with the Davis-Bacon Act (40 U.S.C. 3141—3144, and 3146—3148), as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). Contractor must pay wages to laborers and mechanics at a rate
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not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor must be paid wages not less than once a week. The parties agree that the County will report all suspected or reported violations of this provision to the Federal awarding agency.
In addition, Contractor must also comply with the Copeland “Anti-Kickback Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Bidding or Public Work Financed in Whole or in Part by Loans or Grants from the United States”) which prohibits Contractor or Subrecipient from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. County shall report all suspected or reported violations to the Federal awarding agency.
If this contract exceeds $100,000.00 and involves the employment of mechanics or laborers, Contractor shall comply with U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). To that extent, Contractor must compute the wages of each mechanic and laborer on the basis of a standard forty (40) hour work week with hours exceeding this standard to be paid at one and one half the standard hourly rate. In addition, Contractor agrees that no mechanic or laborer shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
If the Federal award funding this Agreement meets the definition of “funding agreement” under 37 CFR, Sec. 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental or research work under that funding agreement, the recipient or subrecipient must comply with 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
If this Agreement and/or subgrant exceeds $150,000.00, Contractor shall comply with all applicable standards, orders and/or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). The parties agree that the County shall report all violations of these Acts to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (“EPA”).
Contractor agrees to comply with all mandatory standards and policies relating to energy efficiency which are contained in the State of Michigan’s energy conservation plan issued in compliance with the Energy Policy and Conservation Act. (42 U.S.C. 6201).
Contractor agrees to comply with the provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352), which prohibits the use of federal funds by the Contractor or subcontractor of a Federal contract, grant, loan or cooperative agreement to pay any person to influence or attempt to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the federal funds awarded under this Agreement.
The parties agree that County and Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include, for those items where the
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purchase price exceeds $10,000.00 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.00, procuring only items designated in guidelines of the EPA at 40 CFR, Part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program to procuring recovered materials identified in the EPA guidelines.
ARTICLE XXIII - EXTENT OF CONTRACT
This contract represents the entire agreement between the parties and supersedes all prior representations, negotiations or agreements whether written or oral.
ARTICLE XXIV – ELECTRONIC SIGNATURES
All parties to this contract agree that either electronic or handwritten signatures are acceptable to execute this agreement.
ATTESTED TO: WASHTENAW COUNTY
By:___________________________ By:______________________________ Lawrence Kestenbaum (DATE) Derrick Jackson (DATE) County Clerk/Register Interim County Administrator
APPROVED AS TO CONTENT: CONTRACTOR
By:____________________________ By:______________________________
DEPARTMENT HEAD (DATE) CONTRACTOR’S NAME (DATE)
APPROVED AS TO FORM:
By:____________________________ Michelle K. Billard (DATE) Office of Corporation Counsel
PRICE SHEET
ADA SELF-EVALUATION AND TRANSITION PLAN: FEE PROPOSAL
The Cost Proposal shall provide an itemized schedule of hourly rates and fees for all proposed personnel and labor categories, as well as compensation for anticipated reimbursable expenses. For each task identified in the Scope of Work, the Bidder shall provide an estimated range of hours by personnel or labor category necessary to complete the task and the corresponding task cost. Each task amount shall be considered a Not-to- Exceed amount.
Base Bid
Task 1: Project Management …………………......………………....……... $_____________________
Task 2: Community Engagement …………………………...……....……... $_____________________
Task 3: Self-Evaluation and Field Survey…....…...……………....……... $_____________________
Task 4: Staff Training ………………......…….....……………...…….....…... $_____________________
Task 5: Transition Plan ..……………………....…...……....…………….…... $_____________________
Reimbursable Expenses …………………....…...……....…….……….…... $_____________________
TOTAL BASE BID (Tasks 1-5 + Reimbursables) ……….……………….$_____________________
TOTAL IN WORDS ___________________________________________________________________
Optional Or Value-Added Services
Identify itemized Optional or Value-Added Services included in the proposal and provide associated fees. The County reserves the right to accept, reject, or negotiate any proposed Optional or Value-Added Services.
1. __________________________________________________ $______________________
2. __________________________________________________ $______________________
3. __________________________________________________ $______________________
Bidder’s Company Name________________________________
LOCAL VENDOR PREFERENCE DEFINITIONS:
Federal funded programs, whether they are receiving the funds directly or as a State pass through are exempt as mandated by the Federal Register 2 CFR Chapter I, Chapter II Part 200 section 200.319 Competition 7(b) effective December 26, 2014.
A. Washtenaw County Company – must meet all criteria listed:
1) Its headquarters is physically located within Washtenaw County, or it has been conducting business at a location with a permanent street address in the County on an ongoing basis for not less than one taxable year (12 consecutive months) prior to its bid or response to a
Request for Proposals (RFP).
2) It has made payment of property taxes on real or personal property within the past year on property which is ordinarily needed to perform the proposed contract. Or it has leased property for its Headquarters or business with in Washtenaw County for more than one year (12 consecutive months).
3) It has been dealing for at least one year (12 consecutive months) on a regular commercial basis in the kind of goods or services which are the subject of the bid or proposal.
B. Michigan Company – must meet all criteria listed:
1) Its headquarters is physically located within the State of Michigan, or it has been conducting business at a location with a permanent street address in the State of Michigan on an ongoing basis for not less than one taxable year prior to its bid or response to a Request for Proposals
(RFP).
2) It has made payment of property taxes on real or personal property within the past year on property which is ordinarily needed to perform the proposed contract. Or it has leased property for its Headquarters or business in the State of Michigan for more than one year (12 consecutive months).
3) It has been dealing for at least one year (12 consecutive months) on a regular commercial basis in the kind of goods or services which are the subject of the bid or proposal.
Local Vendor Certification Application & Affidavit
Background: To increase economic opportunity in Washtenaw County and the state of Michigan, the
County provides a local vendor preference (when determining the award) as follows:
Washtenaw County based companies- A 5% discount will be applied to bids greater than $5,000 and up to $200,000 and a 2% discount for bids over $200,000.
State of Michigan based companies – A 3% discount will be applied to bids greater than $25,000 and up to $200,000 and a 1% discount for bids over $200,000.
Local vender preference bid discount is used for the determination of award only. Full bid amount will be granted to vendor, if awarded.
Instructions: To qualify as a Washtenaw County or State of Michigan company, the following information must be provided:
1. If you are an existing Washtenaw County vendor, you do not need to complete the Washtenaw County Vendor Application. However, if you are not an existing Washtenaw County vendor, you will be required to complete the County Vendor Application available at:
http://washtenaw.org/678/How-to-Become-a-Vendor, if/when awarded an RFP from a solicitation.
2. Provide proof that you are a company registered in the State of Michigan by searching for your business on the State of Michigan Corporation Division Business…
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