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10/12/2005 Agenda BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 12.2005 Division: County Administrator Bulk Item: Yes No xxx Department County Administrator Staff Contact Person: Tom Wi11i AGENDA ITEM WORDING: Authorization for County Administrator to terminate the contract with Jose Gonzalez and Gonzalez Architects for the Freeman Justice Center. ITEM BACKGROUND: Construction on the Freeman Justice Center had been delayed due to deficient architectural drawings, lack of oversight on the project, and an inability or unwillingness to communicate with the contractor and County staff on unresolved issues. These deficiencies have already caused the County to incur additional costs estimated to be in excess of one million dollars and which are anticipated to approach two million before the project is complete. After being fonnally notified of the problem~ in July, the architect has failed to improve his responsiveness or communication. In order to the keep the project moving, this architect should be removed and a replacement architect retained. Recommendations for a replacement architect will be made at the October 19,2005 meeting. PREVIOUS RELEVANT DOCC ACTION: In July 2005, the Board authorized amendment of the general contractor's agreement to remove Gonzalez from having final say over the approval of change orders. In September 2005, the Board formally ratified that contract amendment. CONTRACT/AGREEMENT CHANGES: Terminate the contract. STAFF RECOMMENDATIONS: Approval. :k. ~. ~~ ~ :ct:.. ~~~~.. TOTAL COST: n/a BUDGETED: Yes xxx No COST TO COUNTY: n/a SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes -y- No AMOUNT PER MONTH nla Year n/a APPROVED BY: County Atty ~ OMBlPurchasing _Risk Management _ DIVISION DIRECTOR APPROVAL: Tom Willi, County Administrator DOCUME1'IIATION: Included xx Not Required_ DISPOSITION: AGENDA ITEM # e..-. Revised 2/05 ./'. O~~rv ~~~~E (305)294__' Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 11 ()() Simonton Street, Suite 205 Key West. FL 33040 (305) 292-4441 - Phone (305) 292-4544 - Fax July 12, 2005 Jose Gonzalez Gonzalez Architects 32 East Bay Street Savannah, GA 31401 19499 NW 14lh Street Pembroke Pines, FL 33029 2720A Nortb Roosevelt Blvd. Key West, FL 33040 r~--- BOARD OF COUNTY COMMISSIONI1;Bi Mayor Dixie M. Spehar, Dlstrid: 1 Mayor Pro Tern Chart!s "Sonny- McCoy, DIstrict 3 George Neugent. District 2 David P. Rice, District 4 Murray E. Nelson, District: 5 . ,j Dear Mr. Gonzalez: Re: Freeman Justice Center/Judicial Complex at Jackson Square Please consider this letter as notice to Gonzalez Architects and Jose Gonzalez, pursuant to Article 8.1 of your Contract with Monroe County, dated March 24, 1993, for the Monroe County Judicial Complex at Jackson Square project ("Project"), of your default with respect to the duties and responsibilities set forth in the Contract. More speci1icalJy, some of the areas which Gonzalez Architects has failed to fulfill its contractual obligations include, but are not limited to: 1. Failing to provide timely responses to Requests for Infonnation 2. Failing to timely address, resolve and issue change orders 3. Failing to adequately administer the construction work and provide necessary direction with respect to design related issues 4. Failing to prepare plans and specifications that are free of defects, errors, omissions and confljcts 5. Failing to appear at, and participate in, project meetings that require decisions and directions from the Architect 6. Overall failure to comply with industry and community standards for architectural design work and project administration Pursua.qt to the Contract, Gonzalez Architects has seven (7) days to cure all of the above defaults that have occurred. Given the magnitude of the issues that have resulted in your default, Monroe County is requiring that prior to the expiration of the seven (7) day period, you make arrangements to meeting the necessary representatives of Monroe County to address these and all other issues. In advance of such meeting, Monroe County will expect to receive from you a written plan of action as to how you expect to remedy the defaults listed above. After reviewing the written plan of action and discussing same with you at the meeting referred to above, Monroe County will make a decision on whether to proceed to terminate your Contract or allow you to continue as Architect of Record on the subject project. I " Regardless of the decision with respect to termination, pursuant to the terms of your Contract with Monroe County, Gonzalez Architects is responsible for all costs, expenses, and damages that may result from the various defaults listed above. These damages include, but are not limited to, all additional costs to be paid to the contractor on the project, The Tower Group, Inc. that emanate from your various failures; aU administrative costs incurred by the County; all legal expense and costs incurred by the County; all costs and expense associated with replacing you as the Architect of Record on the project, should it be determined that tennination of the Contract is the best course of action. Monroe County requests that you place your insurance carrier on notice of the defaults referred to above. Should you wish to have a representative of your insurance company attend the meeting requested above, please feel free to do so. Further, should you wish to have legal representation at the meeting referred to above, while Monroe County does not believe same is necessary, and does not intend to have its legal counsel present, you may do so. If you intend to have legal counsel present at the meeting, please advise in advance so that Monroe County may also consider having its legal counsel attend the requested meeting. Should you have any questions with respect to the information contained herein, please do not hesitate to contact me. We look forward to hearing from you with respect to scheduling the subject meeting. Since~lY~ -fi;r Thomas 1. Willi County Administrator Cc: Larry Chalmers ,/ Richard CoIJios 2 li3 .Gonzalez Architects Architecture * Planning * Interiors 19 July 2005 Mr. Thomas J. Willi, COWlIy Administrator Monroe County &ard of County Commissioners Office of The County Admi.istTator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West. Florida 33040 RE: FreelDal J.stice Centerl Judicial Complex at Jackson Square Dear Mr. Willi: I am in receipt of}'OUT letter of 12 July 2005 with regards to our performance on the above referenced project. Frankly I was quite shocked to receive such a letter without any warning as to the alleged non..perl'onnancc by our firm. You may not be aware we have It full time person specil1cally On this job during construction as well as the entire design team in architecture, civil, structural, mechanical, electrical and plumbing engineering. available; and we attend weekly meetings on the project, so I am somewhat baffied by the letter. There has not been one inkling, one memo, one notice of this issue, prior to receipt of your letter. As It matter of fact we just received some compliments by your staff on assisting in getting the contractor bade On track Il!l well as receiving au additional services fee approval in the mail the same day as your lelter was received. You ha..e asked for my reply to the 6 items where you say we fail to fulfill our contractual obligations. However, I cannot reply to any of these in any COncrete way; because no specific instance, issue or occurrenCe is referenced for US to reply to. Without appearing coy,l can safely say that we have not failed to perform as indicated with as much specifiCity as is alleged of our non-performance. In the interest of getting to the bottom of this issue we wholeheartedly l\8fee to meet with you and members ofyoor staff to disclJS$ the matter so we can go forward with all the fucts on the /able. It would be imperative for you 10 attend this meeting to bear the specific references and our response. I think it is safe to say that lifter 12 dedicated years of serving the Counly with a variety of Commissions and an ever-changing staff, successfully completing over $40 million in work; that we have not suddenly become non-responsive or ineompelent. Most difficult after 30 years in the profCS$.ion, and over $$00 million doll~ in projects over the last 23 years, is to n:ceive such a letter. After all our efforts on this specifIC project Over the years it is very disheartening. I perSOnally commit, to you, whatever effort or time is necessary by myself or my staff and consultants to clear up this mllUer and whatever misconceptions exist, putting this matter to rest to your salismction. We are very proud of our work for the County and we are very proud of this Courthouse that we have steadfastly shepherded for over a decade 10 see it come to fruition. Our firm remains committed to "rvice to Monroe Count)' and I await yoUr response. Please do not besitate to call. 32 Enst Bny Street, Snvanrmh, Georgia 3]401 ~ (912) 201-9888, Fax (912) 201-0240 2720A Nonh Roosevelt Blvd, Key West, Florida 33040 .. (305) 294-3748, Fax (305) 294-8217 1602 Alton Road, PMB 503 Miami Beach. Florida 33139 .. (305) 672-9044. Fax. (305) 866-8324 http://WWW.gonzalez-architecrs.com >I< GA 09834 >I< FL AA2305 Board of County Commissioners ~ RESOLUTION NO.?Ju -2005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA EXPRESSING THE SENSE OF THE COMMISSION THAT F.E.M.A. AND THE U.S. FISH AND WILDLIFE SERVICE, ON BEHALF OF THE FEDERAL GOVERNMENT, SHOULD PERFECT AN APPEAL OF AN ORDER IMPOSING PERMANENT INJUNCTION IN FLORIDA KEY DEER \I. MICHAEL D. BROWN, ET AL., 90-10037-CIV-MOORE, AND SHOULD ALSO MOVE EXPEDITIOUSLY TO TAKE THE NECESSARY STEPS TO HAVE THE INJUNCTION DISSOVED. WHEREAS, U.S. District Court for the Southern District of Florida entered a permanent injunction preventing the Federal Emergency Management Agency ("FEMA") from issuing any further flood insurance policies for residential and commercial development commenced after September 9, 2005 until such time as the U.S. Fish and Wildlife Service has demonstrated compliance with that Court's order of March 20, 2005; and WHEREAS, initial reports place the number of parcels affected by the Court's Orders in excess of 49,000 lots; and WHEREAS, the Court's Orders will have the effect of stopping all but the most wealthy from building in the affected areas; and WHEREAS, the available affordable housing stock in Monroe County is insufficient to meet the County's private and public work force needs; and WHEREAS, the Court's Orders have imposed severe restrictions on the private property rights of a significant number of Monroe County's citizens; and WHEREAS, FEMA and the Fish and Wildlife Service are both conducting internal reviews of the Court's Orders to determine whether to perfect an appeal; WHEREAS, it is incumbent upon our Federal leaders to truly understand the impact that the Court's Orders will have, if not appealed; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: ~ Section 1. The permanent injunction entered by the United States District Court for the Southern District of Florida on September 9, 2005 in the matter of Florida Key Deer v. Michael Brown, et aI., 90-10037-CIV-MOORE should be appealed by the Federal Emergency Management Agency (FEMA) and the U.S. Fish and Wildlife Service (FWS). Section 2. FEMA and the FWS should take all steps necessary to ensure that the injunction is dissolved as expeditiously as possible. Section 3. The County Attorney is authorized to take all steps necessary in order for the County to participate in the proceedings. Section 4. County staff is directed to communicate with F.E.M.A., FWS, and the Justice Department regarding the specific adverse impacts which the permanent injunction imposes upon the County and its citizens. o Section 5. Upon adoption, copies of this resolution shall be transmitted to F.E.M.A., the Fish and Wildlife Service, the U.S. Department of Justice, and the Monroe County Congressional Delegation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the _ day of October, 2005. Mayor Spehar Mayor Pro T em McCoy Commissioner Nelson Commissioner Neugent Commissioner Rice y o u.+ y y V ( (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson