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Item I1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 16, 2005 Division: Engineering Bulk Hem: Yes No Department: Facilities Development Staff Contact Person: Larry Chalmers AGENDA ITEM WORDING: Approval to waive procurement procedures due to an emergency and enter into an agreement with Currie Sowards Aguila Architects for professional services on the Freeman Justice Center project. ITEM BACKGROUND: Monroe County terminated Gonzalez Architects as Architect of Record on lOIl2/05. Currie Sowards Aguila Architects (CSA) will take over and perform Construction Administration Services. CSA is the same firm that was selected to provide A/E services for the Upper Keys Government Center. That process followed the Consultant Competitive Negotiation Act (CCNA) as specified in F.S. 287.055. An emergency exists because any delay will shut down construction and cause financial hardship to the County. PREVIOUS RELEVANT BOCC ACTION: On I Oil 2/05, BOCC approved termination of Gonzalez Architects. CONTRACT/AGREEMENT CHANGES: Replace Gonzalez Architects with the firm of Currie Sowards Aguila Architects. ST AFF RECOMMENDATIONS: Approval as stated above. TOT AL COST: Not to exceed $200,000.00 On a time and materials basis BUDGETED: Yes ~ No COST TO COUNTY: Not to exceed $200,000.00- SOURCE OF FUNDS: 304-24000-CG9813-560-530 1 ccnt infrastructurc salcs tax) REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty OMB/Purchasing DIVISION DIRECTOR APPROVAL: David S. Koppel, PE, County Engineer DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Rcviscd 2/05 CURRIE 49 SOWARDS · AGUILA · ARCHITECTS Robert G. Currie, AlA Jess M. Sowards, AlA Jose N. Aguila, AlA October 17, 2005 Mr, Larry Chalmers Construction Management Monroe County Engineering Division 1100 Simonton Street Key West, Florida 33040 Project. Freeman Justice Center Project No. 050905 Dear Larry: .=="""'-===~ Attached please find two copies of our proposed Limited Services Agreement for the Freeman Judicial Center Project. As per your request, Monroe County has approved a termination of contract with Gonzalez Architects and have therefore requested the Currie Sowards Aguila Architects assist the contractor and Monroe County in administering the construction of the project already under construction. We have sent a letter to Gonzalez Architects acknowledging this fact and have assured them that we have no interest or intent of assuming their design as our work product, we are merely assisting in responding to questions and providing assistance when the documents are vague or otherwise fail to provide sufficient information for construction. We have further offered that we would coPy them on any changes required to the project. As you know, we are more than willing to assist you and the County in this effort but remain weary as to any potential liability that may fall upon us as a result of this assistance, We would like to have your assurance that Monroe County will make every effort to indemnify and hold our firm harmless in the event of any dispute or third party claim that may arise. We are willing to take responsibility for any services we provide, but are concerned from any negative ramifications as a consequence of the work by the previous architect. Please review the proposal agreements and if agreeable return one executed coPy as soon as possible. Please feel free to contact me if you have any questions, Sincerely, CU AGUILA ARCHITECTS F 0 f{ 1"1 E R L Y R 0 [\ E f{ T G , CUR R [E P i\ R T N r: l\ S HIP. I N C, . A [i\ F L 0 l\ [D A f [ l\ M 0 f T [1 r: Y r: i\ l\ 2 0 0 0 13L~ Northeast: f"irsl Avenue' Delray [)cach, f;'lorida 331:t-,+Lt., 561-276-4951' [-"ax: 561-243-818/+. AA0002271 www.curriearc com CURRIE @ SOWARDS @ AGUILA @ ARCHITECTS Robert G. Currie, AlA Jess M. Sowards, AlA Jose N. Aguila, AlA AGREEMENT FOR LIMITED PROFESSIONAL SERVICES October 17, 2005 MONROE COUNTY BOARD OF COUNTY Cml1MISSIONERS Attention Mr. Larry Chalmers Construction Management Monroe County Engineering Division 1100 Simonton Street Key West, Florida 33040 Project. Freeman Justice Center Project No. 050905 This confirms your request for the CURRIE SOWARDS AGUILA ARCHITECTS (the Architect) to provide professional architectural services for the above referenced Project as detailed herein for MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (The Client) for Construction Administration Services required for the completion of the Freeman Justice Center Project located at the corner of Fleming Street and Thomas Street in Key West, Florida. ARTICLE 1 - DESCRIPTION OF PROFESSIONAL SERVICES 1.1 The services generally consist of assisting the general contractor The Tower Group in responses to questions and resolution of apparent discrepancies in the contract documents as prepared by Gonzalez Architects. In addition, we will provide alternative solutions as requested by the general contractor and the Client to better suit the needs of the end user. 1.2 The services are anticipated to include the following elements: A. Construction administration services to include responses to Request for Information (RFI) by the contractor, attendance at weekly site meetings, review of shop drawings and submittals, ane review of application for payments, B. The Architect will assist the Client as requested for possible modifications to the original construction document and provide revised construction documents as needed for implementation. C. Upon completion of construction, the Architect will perform a close-out review of the project for determination of substantial and final completion. D, If requested by the Owner, we will procure the servicef.i of a landscape architect and/or a civil engineer to further expand on the information already provided. FOR MER L Y ROB t: 1\ T (J . CUR R I E PAR T N E R 5 If I p, I N C, . A I A r LOR I D A f 11\ M 0 F T If t: YEA 1\ 2 () () () 13!( NorthcastfirstAvcnuc 'Detrayt)cach, 1'!oricla331fLf4 '561.276,4951, t'ax:56!,2/j.,),BIB4 . i\i\()()0227 1 www.cllrriearc.colll ARTICLE 2 - FEES 2.1 Professional services will be performed at the firm's standard hourly rates with a not- to-exceed amount of Two Hundred Thousand Dollars ($200.000.00) and No Cents. Hourly rates are listed as follows: . Principal Architect $ 175.00 . Project Architect $ 150.00 . Project Manager $ 125,00 . CADD Technician $ 80.00 . Support Staff $ 45.00 2.2 Direct project expenses (reimbursable expenses) are included in the compensation described in Article 2,1 above and include - but are not limited to - actual expenditures made by the Architect or its consultants in the interest of the Project as follows: A. Reproductions at cost plus ten (10/0) percent B, In-house black and white plotting at the rate of $8.00 per sheet C, In-house color plotting at the rate of $36.00 per sheet D, Mail, shipping and courier service at cost plus ten (10%) percent E, Automobile travel when traveling beyond 50 miles of the Architect's office, at the rate of $0.40 per mile, plus tolls if applicable. F, Travel expenses (estimated at one flight from Fort Lauderdale to Key West) per week, ARTICLE 3 - MISCELLANEOUS 3.1 In consideration of the risks and rewards involved in this project, the Client agrees, to the maximum extent permitted by law, to indemnify and hold harmless the Architect and his Consultants from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising or allegedly arising from any negligent acts, errors or omissions by any prior consultant employed by the Client on this project and from any claims of copyright or patent infringement by the Consultant arising from the use of any documents prepared or provided by the Client or any prior Consultant of the Client's. The Client warrants that any documents provided to the Architect by the Client or by a representative of the Client, of the prior Consultant may be relied upon as to their accuracy and completeness without independent investigation by the supplanting Architect or Consultant and that the Client has the right to provide such documents to the supplanting Consultant free of any claims of copyright or patent infringement or violation of any other party's or intellectual property. 3.2 Payment on account of the Architect's services, as well as any direct project expenses, shall be made within thirty (30) days of invoice date for services rendered and/or expenses incurred. Payments due the Architect and unpaid past forty-five (45) days shall bear interest at the rate of 1 Y2 percent per month for any unpaid portions of the work. This Agreement entered into as to the date and y ar first written a.,bove, OWNER (Signature) (Printed name and title) Robert G. Currie, Principal (Printed name and title)