Item C20
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January 17. 18th. 2001
Division:
Public Works
Bulk Item: Yes ~ No
Department: Engineering/Construction Management
AGENDA ITEM WORDING: Approval of contract with Zyscovich, Inc. to perform professional services
to develop Master Plan for Higgs Beach and authorization for Mayor to execute same.
ITEM BACKGROUND: Zyscovich, Inc. has divided project into 4 tasks: Task 1) Project start
up/Analysis 15%, $7,500; Task II) Program Development/Alternatives 40%, $20,000; Task III) Preliminary
Plan and Budget 15%, $7500; Task IV): Final Master Plan 30%, $15,000. These tasks total a 100% for a
total budget for $50,000.
PREVIOUS RELEVANT BOCC ACTION: On October 18th, 2000, BOCC heard presentations from top
three Architect/Engineer firms and selected Zyscovich, Inc. Staff was authorized to negotiate a contract
with Zyscovich, Inc.
STAFF RECOMMENDATION: Approval as stated above
TOTAL COST:
$50.000
BUDGETED: Yes X NO
Account #117-77040-530340- T07M348Y530460
Cost to County:
$50.000
REVENUE PRODUCING: YES
NO
AMOUNT PER MONTH
YEAR
Item Prepared by:
APPROVED BY:
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Division Director
DOCUMENTATION: Included L- To follow
Notreqllired~
AGENDA ITEM # ~
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Effective Date: 01/17,18/01
Expiration Date: I I
Contract with: . Zyscovich, Inc.
Contract Purpose/Description:
Development of Master Plan for Higgs Beach.
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Engineering/Construction Management
(Department)
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ame)
for BOCC meeting on 01/17, 18/01
4468
(Ext. )
Agenda Deadline:
01103/01
Total Dollar Value of Contract:
. Budgeted? Yes L No
Grant: $
, County Match: $
CONTRACT COSTS
$50,000 Current Year Portion: $
Account Codes: 117-77040-530340-T07M348Y530-460
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Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Needed~Rev'r
Yes No / I' / "
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OMB Form Revised 8/30/95 MCP #2
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CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT
1998 EDITION
These contract documents should be used only after consultation with counsel. The
documents are not intended as legal advice appropriate to any specific situation, nor do
they purport to address all issues which may arise between the contracting parties. The
documents should be amended or supplemented where appropriate.
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER
AND ARCHITECT is made and entered into by MONROE COUNTY, BOARD OF
COUNTY COMMISSIONERS and ZYSCOVICH, INC.
This Contract is executed under seal and shall be effective on the date executed by
the last party to execute it.
The professional services required by this Contract are to be rendered for the
Higgs Beach identified as the Project, described as follows:
Master Planning and Design services for the development of approximately 16.76 acres
of the existing park. The project will involve working with the community to develop a
plan to redesign the park, designing facilities and grounds for the planned activities and
providing planning services. These services would encompass planning, permitting,
public presentations, civil, marine, architectural, and engineering. In addition, the Scope
of Work specified in Exhibit B,
NOW, THEREFORE, in consideration of the mutual promises, convenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Owner and the Architect agree:
FORM OF AGREEMENT
ARTICLE 1
1.1. REPRESENTATIONS AND WARRANTIES
By executing this Contract, the Architect makes the following express
representations and warranties to the Owner:
1.1.1 The Architect is professionally qualified to act as the architect for the Project and
is licensed to practice architecture by all public entities having jursidiction over the
Architect and the Project;
1.1.2 The Architect shall maintain all necessary licenses, permits, and other
authorizations necessary to act as architect for the Project until the Architect's duties
thereunder have been fully satisfied
1.1.3 The Architect has become familiar with the Project site and the local conditions
under which the Project is to be designed, constructed, and operated;
1.1.4 The Architect shall prepare all documents required by this Contract in such a
manner that they shall be accurate, and shall be in conformity and comply with all
applicable law, codes and regulations. The Architect warrants that the documents
prepared as a part of this Contract will be adequate and sufficient to accomplish the
purposes of the Project;
1.1.5 The Architect assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ as Architect of Record.
1.1.6 The Architect's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Architect shall
submit, for the Owner's and Construction Manager's information, a schedule for the
performance of the Architect's services which may be adjusted as the Project proceeds if
approved by the Owner, and shall include allowances for periods of time required for the
Owner's and Construction Manger's review, and for approval of submission by authorities
having jurisdiction over the Project. Time limits established by this schedule and
approved by the Owner may not be exceeded by the Architect except for delay caused by
events not within the control of the Architect or foreseeable by him. In the event the
Architect does not conform to the schedule, then the Architect may be assessed a charge
up to one percent (1 %) of the fee per week until the work product is produced in an
acceptable manner. The penalty shall apply only to the completion of documents
required for bidding, said date being met with the delivery of one final set to the Owner.
The Owner shall assess the charge only after it is determined that the work delay is solely
the fault of the Architect and his subconsultants and is not the fault of the owner or other
parties not under the control of the Architect.
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ARTICLE II
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraph~ 2.2, and any
other services identified as part of Basic Services, and include normal master planning
servIces.
2.1.2 The Master Plan shall include, but shall not necessarily be limited to, plans and
specifications which describe all systems, elements, details, components, materials,
equipment, and other information necessary for construction. The Master Plan shall be
accurate, coordinated and in all respects adequate for construction and shall be in
conformity, and comply, with all applicable law, codes, permits, and regulations.
Products, equipment and materials specified for use shall be readily available unless
written authorization to the contrary is given by the Owner.
2.2 ELEMENTS OF SERVICE
2.2.1 The Architect shall gather public input and develop a usage plan for the park
complex consistent with the visions developed by the Parks and Recreation Board and the
Friends of Higgs Beach. The Architect shall work with these two groups and with the
public at large throughout the process.
2.2.2 The Architect shall develop a program of uses for the site consistent with the
vision while integrating the recreational uses and historic site in an attractive and
functional manner.
2.2.3 The Architect shall develop a site plan and design the facilities and landscaping
for the park with the design and function of the two areas complimenting each other.
2.2.4 The Architect shall provide guidance on permitting requirements, and
environmental and regulatory issues for future construction phase.
2.2.5 The Architect shall identify possible funding sources for the construction.
ARTICLE III
3.1 GENERAL
3.1.1 The services described in this ArticleIII are not included in Basic Services with
the exception of those services specified in Exhibit B. They shall be paid for by the
Owner as provided in this agreement as an addition to the compensation paid for the
Basic Services but only if approved by the Owner before commencement.
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3.3 OPTIONAL ADDITIONAL SERVICES
3.3.1 Providing detailed quantity surveys or inventories of material and equipment.
3.3.2 Providing analyses of owning and operating costs.
3.3.3 Providing interior design and other similar services required for or in connection
with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.3.4 Providing assistance in the utilization of equipment or systems such as testing,
adjusting and balancing, preparation of operation and maintenance manuals, training
personnel for operation and maintenance, and consultation during operation.
3.3.5 Providing analyses of the Owner's needs and programming the requirements of
the Project.
3.3.6 Providing planning surveys, site evaluations or comparative studies of prospective
sites.
3.3.7 Providing special surveys or environmental studies required for approvals of
governmental authorities or others having jurisdiction over the Project.
3.3.8 Providing services relative to future facilities, systems and equipment.
3.3.9 Providing detailed estimates of the construction cost (an item by item
enumeration and analysis of all the costs that go to make up the Architect's final estimate
described in paragraph 5.1.).
3.3.10 Providing services of consultants for other than architectural, structural,
mechanical and electrical engineering portions of the Project provided as a part of Basic
Services.
3.3.11 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted architectural practice.
3.5 CONTINGENT ADDITIONAL SERVICES
3.5.1 Making revisions in Drawings, Specifications or other documents when such
reVISIOns are:
a. Inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's
program or Project budget;
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b. Required by the enactment or revision of codes, laws, or regulations
subsequent to the preparation of such documents and not reasonably
anticipated; or
c. Due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
3.5.2 Providing services required because of significant changes in the Project
including, but not limited to size, quality, complexity, the Owner's schedule.
3.5.3 Providing consultation concerning replacement of Work damaged by fire or other
cause during construction, and furnishing services required in connection with the
replacement of such Work.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding requiremepts for the Project,
including a program which shall set forth the Owner's objectives, schedule, constraints
and criteria, including space requirements and relationships, flexibility, expandability,
special equipment, systems, and site requirements.
4.2 The Owner shall establish and update an overall budget for the Project based on
consultation with the Construction Manager and the Architect, which shall include the
Construction Cost, the Owner's other costs and reasonable contingencies related to all of
these costs.
4.3 The Owner shall designate the Construction Manager to act on the Owner's behalf
with respects to the Project. The Owner or Construction Manager shall render decisions
in a timely manner pertaining to documents submitted by the Architect in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
4.4 The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal description
of the site. The surveys and legal information shall include, as applicable, grades and
lines of streets, alleys, pavements, and adjoining property and structures; adjacent
drainage; rights-of-way; restrictions, easements, encroachments, zoning deed restrictions,
boundaries and contours of the site; locations, dimensions and necessary data pertaining
to existing buildings, other improvements and trees; and information concerning
available utility services and lines, both public and private, above and below grade,
including inverts and depths. All the information on the survey shall be referenced to a
Project benchmark.
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4.5 The Owner shall furnish the geotechnical tests when requested by the Architect.
Such tests may include but are not limited to test borings, test pits, determinations of soil
bearing values, percolation tests, evaluations of hazardous materials, and ground
corrosion and resistivity tests including necessary operations for anticipating subsoil
conditions, with reports and appropriate professional recommendations.
4.6 The Owner shall furnish all legal, accounting and insurance counseling services as
may be necessary at any time for the Project, including auditing services the Owner may
require to verify the Contractor's Application for Payment or to ascertain how or for what
purposes the Contractor has used the money paid by or on behalf of the Owner.
4.7 The services, information, surveys and reports shall be furnished at the Owner's
expense, and the Architect shall be entitled to reply upon the accuracy and completeness
thereof.
4.8 Prompt written notice shall be given by the Owner and Construction Manager to
the Architect if they become aware of any fault or defect in the Project or non-
conformance with the Contract Documents.
4.9 The proposed language of certificate or certifications requested of the Architect or
Architect's consultants shall be submitted to the Owner for review and approval at least
14 days prior to execution. The Owner shall not request certifications that would require
knowledge or services beyond the scope of this agreement.
4.10 The Owner shall furnish the required the information and services and shall
render approvals and decisions as expeditiously as necessary for the orderly progress of
the Architect's services and Work of the Contractors.
4.11 The Owner shall furnish the Architect copies of written communciations.
4.12 The Owner's review of any documents prepared by the Architect or its consultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the Owner's Criteria, as, and if, modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
for coordination of its work product.
4.13 The Owner shall furnish structural, mechanical, chemical, air and water pollution
tests, tests for hazardous materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents.
4.14 Monroe County will invite a representative of the Parks & Recreation Board to
attend any meetings regarding Higgs Beach.
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ARTICLE V
CONSTRUCTION COST
5.1 Contemporaneously with the submission of the Master Plan, the Architect shall
submit to the Owner in writing its final estimate of the contractor's anticipated price for
constructing the Project. Once submitted, the final anticipated price estimate shall be
adjusted by the Architect to reflect any increase or decrease in anticipated price resulting
from the change in Design for Construction.
5.2 The Construction Cost shall be the total estimated cost to the Owner of all
elements of the Project designed or specified by the Architect.
5.3 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Architect, plus a reasonable allowance for the Contractor's
overhead and profit.
5.4 Construction cost does not include the compensation of the Architect and the
Architect's consultants, the costs of land, rights-of-way, financing or other costs which
are the responsibility of the Owner.
ARTICLE VI
6.1. INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The Architect convenants and agrees to indemnify and hbld harmless Monroe
County and Monroe County Board of County Commissioners from any and all claims for
bodily injury (including death), personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided
by the Architect in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Architect in any tier, their employees, or agents. The first ten dollars
($10.00) of remuneration paid to the Architect is 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. Should any claims be
asserted against the Owner by virture of any deficiency or ambiguity in the plans and
specifications provided by the Architect, the Architect agrees and warrants that he shall
hold the Owner harmless and shall indemnify him from all losses occurring thereby and
shall further defend any claim or action on the Owner's behalf.
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ARTICLE VII
7.1 PERSONAL
7.1.1 The Architect shall assign only qualified personnel to perform any services
concerning the Project. At the time of execution of this Contract, the partier. anticipate
that the following named individuals will perform those functions as indicated:
NAME
FUNCTION
So long as the individuals named above remain actively employed or retained by the
Architect, they shall perform the functions indicated next to their names.
ARTICLE VIII
8.1 PAYMENTS
8.1.1 For its assumption and performance of the duties, obligations, and responsibilities
set forth herein, the Architect shall be paid monthly, in accordance with the following
schedule:
(A) The Architectural fee shall be based on the following criteria:
Fifty thousand dollars ($50,000.00) for the Master Plan and Programming
Phase,
Task I:
Task II
Task III
Task IV:
Project Start-upl Analysis
Program Development! Alternatives
Preliminary Plan and Budget
Final Master Plan
15 percent
40 percent
15 percent
30 percent
(B) For the performance of the optional additional services and contingent
additional services described in Article III of this contract, provided same are first
authorized in writing by the Owner, the Architect shall be paid hourly at the rates
identified in Exhibit B, or as negotiated.
(C) If the Architect's duties, obligations and responsibilities are materially
changed through no fault of the Architect after execution of this Contract,
compensation due to the Architect shall be equitably adjusted, either upward or
downward;
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(D) As a condition precedent for any payment due under this Contract, the
Architect shall submit monthly, unless otherwise agreed in writing by the Owner,
an invoice to the Owner requesting payment for services properly rendered and
reimbursable expenses due hereunder. The Architect's invoice shall describe with
reasonable particularity the service rendered. The Architect's invoice shall be
accompanied by such documentation or data in support of expenses for which
payment is sought as the Owner may require.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable expenses include expenses incurred by the Architect in the interest
of the Project:
a. Expense of transportation and living expenses in connection with out-of-
county travel authorized by the Owner, 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. Reproductions (beyond 6 signed and sealed sets, plus one set of
reproductibles );
d. Postage and handling of Drawings and Specificiations;
e. Renderings and Models requested by the Owner.
f. Expense of additional insurance coverage or limits, including professional
liability insurance requested by the Owner in excess of $1 ,000.000.
ARTICLE IX
9.1 APPLICABLE LAW
9.1.1 This Contract is governed by the laws of the State of Florida. Venue for
any litigation arising under this Contract must be in Monroe County,
Florida.
ARTICLE X
10.1 OWNERSHIP OF THE MASTER PLAN
10.1.1 The Drawings, Specifications and other documents prepared by the
Architect for this Project are instruments of the Architect's service for use
solely with respect to this Project, and the Architect shall be deemed the
author of these documents and shall retain all common law, statutory and
other reserved rights, including the copyright. The Owner shall be
permitted to retain copies, including reproducible copies, of the Architect's
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Drawings, Specifications and other documents for information and
reference in connection with the Owner's use and occupancy of the
Project. The Architect's Drawings, Specifications or other documents
shall not be used by the Owner or others on other projects, for additions to
this Project or for completion of this Project by others, unless the
Architect is adjudged to be in default under this Agreement, except by
agreement in writing and with appropriate compensation to the Architect.
10.1.2 Submission or distribution of documents to meet official regulartory
requirements or for similar purpose in connection with the Project is not to
be construed as publication in derogation of the Architect's reserved rights.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
11.1.1 The Architect shall not assign its rights hereunder, excepting its right to payment,
nor shall it delegate any of its duties hereunder without the written consent of the Owner.
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 representative of such other party.
ARTICLE XII
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractural or otherwise,
with or any rights in favor of, any third party.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect shall obtain insurance as specified in the attached Exhibit A and
maintain the required insurance at all times this Contract is in effect. Errors and
Omissions Insurance shall also be maintained for a period of one year after final
completion of the project. In the event the completion of the project (to include the work
of others) is delayed or suspended as a result of the Architect's failure to purchase or
maintain the required insurance, the Architect shall indemnify the County from any and
all increased expenses resulting from such delay.
13.1.2 The coverage provided herein shall contain an endorsement providing sixty (60)
days notice to the Owner prior to any cancellation of said converage. Said coverage shall
be written by an insurer acceptable to the Owner and shall be in a form acceptable to the
Owner.
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ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this Contract 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. Termination expenses shall include all expenses
till date termination and any additional services required in order to stop performance of
services, subject to audit for verification.
14.1.1 Monroe County's performance and obligation to pay under this contact is
contingent upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time Contract initiation and it's duration.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This Contract constitutes of the form of agreement (Article I-XV), the exhibits
that are attached and made a part of the Contract, and the documents referred to in the
form of agreement as a part of this Contract. In the event any conflict between any of
those Contract documents, the one imposing the greater burden on the Architect will
control.
15.2 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit 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
of36 months from the date of being placed on the convicted vendor list.
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, deduct from the contract or purchase price,or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee.
(Signature)
Date:
STATE OF
COUNTY OF
Subscribed and sworn to (or affirmed) before me on (date)
by (name of affiant). He/She is personally known to
me.
NOTARY PUBLIC
My commission expires:
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative this day of 2001.
(SEAL)
Attest: DANNY L KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
Date:
(SEAL)
Attest:
ARCHITECT:
Zyscovich, Inc.
By:
Title:
By:
Title:
.~
' ERT. ... '0 ,
DATeL- ~
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