1993-05
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REGULAR COUNCIL MEETING
FEBRUARY 9, 1993
PAGE 6
Minneola Avenue. A variance to allow the off-street parking and driveway to be
constructed of mulch was requested in March of 1992, and Council granted a six
month temporary variance. The improvements were not constructed within the time
period, and a Code Enforcement violation was issued. The Code Enforcement Board
met regarding the violation and gave Mrs. Leonardo until March 1 to make the
improvements or apply for a permanent variance for the paved parking and driveway.
Mrs. Leonardo stated she would like to have a permanent variance for a mulch
parking area and drive for environmental reasons and appearance. If the parking area
and drive were paved, the retention pond required by St. Johns would take the entire
front area and many shrubs and trees would need to be removed. Also, the side
entrance where the children are currently being picked up could no longer be used.
City Manager Saunders stated that the staff recommends that the variance be denied
and that the driveway and parking areas be constructed to City codes. If the variance
were granted, it would set a precedent. Similar requirements have been made and met
by another day care center, and this day care is in a heavy business area.
After considerable discussion, a motion was made by Council Member
Turville. seconded by Council Member Cole. and carried four to one.
with Council Member lvey voting nay to grant a two year variance for
the paved parking and drive provided the mulch is properly maintained.
but the other requirements such as the sidewalks. aprons. and hedge
buffer are to be constructed as previously agreed.
A motion was made by Council Member lvey to amend the motion from
two years to one year. This motion died for lack of a second.
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Sgoïlo-AFehÎtects, Inc. Request rõrRevision-in-Poliee---Building_Contract~
City Manager Saunders stated that Strollo Architects have asked for a revision in the
contract for the design of the Police Department building. The concept has been
changed from a remodel involving the current building to a stand-alone building and
additional time has been incurred in design and review. A request for a standard rate
of a contract of $790,000 is made, increasing the contract ~~1~
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REGULAR COUNCIL MEETING
FEBRUARY 9, 1993
PAGE 7
A motion was made by Council Member Turville. seconded by Council
Member Cole. and carried unanimously to increase the contract amount
~Jor contract changes to the Police Department building.
NEW BUSINESS
Property Sale to OHM: of .31 acres of Mohawk Road Property to OH Materials
City Manager Saunders stated that OH Materials would like to purchase a portion of
the property the City owns adjacent to their business on Mohawk Road. This property
was purchased by the City about three years ago for the location of a flow equalization
chamber to intercept sewer in this area and pump it to the existing sewer treatment
plant. Since then, the Fosgate property has been annexed and a new sewage treatment
facility is proposed for the east side of town, eliminating the need for a flow basin. A
50' strip could be sold to help OH Materials, leaving enough property for a flow
basin, should plans change again. A recent property purchase by Florida Power in
this vicinity totaled $25,000 per acre. The 50' strip amounts to .31 acres, which
would equate to $7,750. City Attorney Baird has prepared Resolution 780 for the sale
to OH Materials.
A motion was made by Council Member Ivey. seconded by Council
Member Norquist. and carried unanimously by roll call vote to adopt
Resolution 780 for the sale of the .31 acres of Mohawk Road Droperty to
OH Materials for $7.750.
Property Acquisition of Helen Wilkins Property Adjacent to Jenkins Auditorium
City Manager Saunders stated Mrs. Helen Wilkins has offered to sell approximately
three lots adjacent to Jenkins Auditorium as has been discussed in a recent Workshop.
The property was appraised by John Rocker in October of 1991 for $60,000.
There are many possible uses for this property that would benefit the City, and Mrs.
Wilkins and her attorney indicate the appraisal price of $60,000 is the selling price.
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ADDENDUM TO AGREEMENT
CITY OF CLERMONT - STROLLO ARCHITECTS, INC.
CLERMONT POLICE STATION PROJECT
Notwithstanding the provisions contained in Standard Form of -
Agreement Between Owner and Architect ("AGREEMENT") between CITY OF
CLERMONT C'OWNER") and STROLLO ARCHITECTS, INC. ("ARCHITECT"), the
following provisions shall be in effect as modifying the terms of said
lIAGREEMENT":
1.
Paragraph 2.2, 2.2.1,2.2.2, 2.2.3, 2.2.4, and 2.2.5 of Article
2, Schematic Design Phase, are deleted in their entirety as these
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functions have been performed under separate Contract.
2.
The following paragraph shall be substituted for Paragraph 2.2
of Article 2, Schematic Design Phase:
Paragraph 2.2.
Severable Phases.
2.2.1
The Design Development Phase, Construction Documents
Phase, Bidding or Negotiation Phase, and Construction Phase
shall be considered severable phases.
"OWNER" has the right
to terminate the "AGREEMENT" at the conclusion of any of the
phases.
2.2.2
In the event "OWNER" elects to terminate the
lIAGREEMENTlI at the conclusion of a phase, lIOWNERlI shall pay
to "ARCHITECT" the value of services rendered to the
conclusion of that phase.
3.
Paragraph 2.4.2 is amended to read:
2.4.2
The "ARCHITECT" shall prepare the necessary
bidding information, bidding forms, the Conditions of the
Contract, and the form of "AGREEMENT" between the
"OWNER" and Contractor.
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4.
Paragraph 2.4.4 is amended to read:
2.4.4
The "ARCHITECT" shall file documents required
for the approval of governmental authorities having
jurisdiction over the Project.
5.
Paragraph 2.5.1 is amended to read:
2.5.1
The "ARCHITECT". following the "OWNER'S" approval
of the Construction Documents and of the latest detail
estimate of Construction Costs. shall obtain bids or
negotiated proposals and assist in awarding and preparing
contracts for construction.
6.
Paragraph 2.6.1 is amended to read:
2.6.1
The "ARCHITECT'S" responsibility to provide Basic
Services for the Construction Phase under this "AGREEMENT"
commences with the award of the Contract for Construction
and terminates upon final acceptance by "OWNER" unless
extended under the terms of Subparagraph 10.3.3.
7.
Paragraph 2.6.4 is amended to read:
2.6.4
The "ARCHITECT" shall advise and consult with the
"OWNER" (1) during construction until final acceptance
by "OWNER". and (2) as an Additional Service at the
"OWNER'S" direction from time to time during the
correction period described in the Contract for
Construction.
The "ARCHITECT" shall have authority to
act on behalf of the "OWNER" only to the extent provided
in this "AGREEMENT" unless otherwise modified by written
instrument.
8.
Paragraph 2.6.8 is deleted in its entirety.
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9.
Paragraph 2.6.10 is amended to read:
2.6.10
The IIARCHITECT'SII certification for payment shall
constitute a representation to the "OWNER", based on the
"ARCHITECT'S" observations at the site as provided in
Subparagraph 2.6.5 and on the date comprising the
Contractor's Application for Payment, that the Work has
progressed to the point indicated and that, to the best
of the "ARCHITECT'S" knowledge, information and belief,
quality of the Work is in accordance with the Contract
Documents.
10.
Paragraph 2.6.11 is deleted in its entirety.
11.
Paragraph 2.6.12 is amended to read:
2.6.12
The "ARCHITECT" shall review and approve or take
other appropriate action upon Contractor's submittals such
as Shop Drawings, Product Data and Samples.
The "ARCHITECT'S"
action shall be taken with such reasonable promptness as to
cause no delay in the Work or in the construction of the
"OWNER" or of separate contractors.
When professional
certification of performance characteristics of materials,
systems or equipment is required by the Contract Documents,
the "ARCHITECT" shall be entitled to rely upon such
certification to establish that the materials, systems or
equipment will meet the performance criteria required by
the Contract Documents.
12.
Paragraph 2.6.13 is amended to read:
2.6.13
The "ARCHITECT" shall prepare Change Orders and
Construction Change Directives, with supporting
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documentation and data if deemed necessary by the "OWNER" or
by the "ARCHITECT" as provided in Subparagraphs 3.1.1 and
3.3.3, for the "OWNER'S" approval and execution in
accordance with the Contract Documents. and may authorize
minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time
which are not inconsistent with the intent of the Contract
documents.
13.
Paragraph 2.6.15 is amended to read:
2.6.15
The "ARCHITECT" shall interpret and decide matters
concerning performance of the Contractor under the
requirements of the Contract Documents on written request
of either the "OWNER" or Contractor.
The "ARCHITECT'S"
response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
14.
Paragraph 2.6.17 is deleted in its entirety.
15.
Paragraph 2.6.19 is deleted in its entirety.
16.
Paragraph 3.1.1 is amended to read:
3.1.1
The services described in this Article 3 are not
included in Basic Services unless so identified in Article
12, and they shall be paid for by the "OWNER" as provided
in this "AGREEMENT", in addition to the compensation for
Basic Services.
The services described under Paragraphs
3.2, 3.3 and 3.4 shall only be provided if authorized or
confirmed in writing by the "OWNER".
17.
Paragraph 3.2.2 is amended to read:
3.2.2
Project Representatives shall be selected, employed
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directed by the IIARCHITECTII and approved by the IIOWNERII. and
the IIARCHITECTII shall be compensated therefore as agreed by
"OWNER" and "ARCHITECTII.
18.
Paragraph 3.3 is amended to read:
3.3
OPTIONAL ADDITIONAL SERVICES UPON APPROVAL BY OWNER
19.
Paragraph 3.4 through 3.4.20, inclusive. are deleted
in their entirety.
20.
Paragraph 4.2 and 4.3 are deleted in their entirety.
21.
Paragraph 4.5 is amended to read:
4.5
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.
22.
Paragraph 4.6 is amended to read:
4.6
The "OWNER" shall furnish the services of
geotechnical engineers when such services are requested
by the "ARCHITECT" and approved by "OWNER".
Such
services may include but are not limited to test borings.
test pits, determinations of soil bearing values,
percolation tests, evaluations of hazardous materials,
ground corrosion and resistivity tests, ~ncluding
necessary operations for anticipating subsoil conditions,
with reports and appropriate professional recommendations.
23.
Paragraph 4.6.1 is amended to read:
4.6.1
The "OWNERII shall furnish the services of other
consultants when such services are reasonably required by the
scope of the Project and are requested by the "ARCHITECT"
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and approved by "OWNER".
24.
Paragraph 4.7 is amended to read:
4.7
The "OWNER" shall furnish laboratory tests. inspections
and reports required by law or the Contract Documents.
25.
Paragraph 4.8 is deleted in its entirety.
26.
Paragraph 4.9 is amended to read:
4.9
The services. information. surveys and reports
required by Paragraphs 4.5 through 4.8 shall be furnished
at the "OWNER'S" expense. and the "ARCHITECT" shall be
entitled to rely upon the accuracy and completeness thereof.
The "ARCHITECT" shall promptly advise "OWNER" of
completeness of data and his acceptances thereof.
27.
Paragraph 5.1.2 is amended to read:
5.1.2
The Construction Cost shall include the cost at
current market rates of labor and materials and equipment
designed. specified. selected or specially provided for by
the "ARCHITECT". plus a reasonable allowance for the
Contractor's overhead and profit. In addition. a reasonable
allowance for contingencies shall be included for market
conditions at the time of bidding and for changes in the
Work during construction.
28.
Article 7. Arbitration. is deleted in its entirety.
29.
Paragraph 8.5 is amended to read:
8.5
If the "OWNER" fails to make payment when due the
"ARCHITECT" for services and expenses. the "ARCHITECT" may.
upon seven (7) days' written notice to the "OWNER". suspend
performance of services under this "AGREEMENT".
Unless
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payment in full is received by the "ARCHITECT" within thirty
(30) days of the date of the notice, the suspension shall take
effect without further notice.
In the event of a suspension
of services, the "ARCHITECT" shall have no liability to the
"OWNER" for delay or damage caused the "OWNER" oecause of
such suspension of services.
30.
Paragraph 9.1 is amended to read:
9.1
Unless otherwise provided, this "AGREEMENT" shall be
governed by the law of the principal place of business of
the "OWNER".
31.
Paragraph 9.2 is deleted in its entirety.
32.
Paragraph 9.4 is deleted in its entirety.
33.
Paragraph 9.8 is amended to read:
9.8
The "ARCHITECT" and Architect's consultants shall have
responsibility for the discovery, presence, handling,
removal or disposal of or exposure of persons to
hazardous materials in any form at the Project site,
including but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances.
34.
Paragraph 9.9 is amended to read:
9.9
The "ARCHITECT" shall have the right to include
representations of the design of the Project, including
photographs of the exterior and interior, among the
"ARCHITECT'S" promotional and professional materials.
Upon
approval by "OWNER", the "ARCHITECT'S" materials shall
not include the "OWNER'S" confidential or proprietary
information if the "OWNER" has previously advised the
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"ARCHITECT" in writing of the specific information
considered by the "OWNER" to be confidential or
proprietary.
35.
Article 10 is deleted in its entirety.
36.
Paragraphs 10.2.1.1 through 10.2.1.6, inclusive, are
deleted in their entirety.
37.
Paragraphs 10.4 through 10.6.1 are deleted in their
entirety.
38.
Paragraph 11.2.1 is amended to read:
11.2.1
FOR BASIC SERVICES, as described in Article 2, and
any other services included in Article 12 as part of Basic
Services, Basic Compensation shall be THIRTY-TWO THOUSAND
SEVEN HUNDRED TWENTY-FIVE AND NO/lOO DOLLARS ($32,725.00).
39.
Paragraph 11.2.2 is amended to read:
11. 2.2
Where compensation is based on a stipulated sum
or percentage of Construction Cost, progress payments for
Basic Services in each phase shall total the following
percentages of the total Basic Compensation payable:
(Insert additional phases as appropriate)
Design Development Phase:
25 percent
Construction Documents Phase:
40 percent
Bidding or Negotiation Phase:
10 percent
Construction Phase:
25 percent
TOTAL BASIC COMPENSATION:
100 percent
40.
Paragraph 11.3.1 is amended to read:
11. 3.1
For project services beyond basic services,
. .
41.
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compensation shall be computed according to the attached
schedule.
Paragraph 11.3.2 is deleted in its entirety.
42.
paragraph 11.5.1 is amended to read:
11.5.1
IF THE BASIC SERVICES covered by this "AGREEMENT"
have not been completed within Contract Completion Date.
through no fault of the "ARCHITECT". extension of the
"ARCHITECT'S" services beyond that time shall be
compensated as provided in Subparagraphs 10.3.3 and 11.3.2.
43.
Paragraph 11.5.2 is amended to read:
11. 5.2
Payments are due and payable thirty (30) days from the
date of the "ARCHITECT'S" invoice.
Amounts unpaid thirty
(30) days after the invoice date shall bear interest at the
rate entered below. or in the absence thereof at the legal
rate prevailing from time to time at the principal place of
business of the "ARCHITECT".
(insert rate of interest agreed
upon)
44.
Paragraph 11.5.3 is deleted in its entirety.
45.
Paragraph 12.2 is added as follows:
12.2
Drawings and specifications 24/sets of Bid Documents
are included in basic services.
46.
Paragraph 12.3 is added as follows:
12.3
The "ARCHITECT" shall provide one (1) color rendering
of the proposed building within the scope of basic
services.
47.
"ARCHITECT" shall maintain and keep in full force
and effect professional liability insurance in the amount
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of FIVE HUNDRED THOUSAND AND NO/IOO DOLLARS ($500,000.00)
during project.
CITY OF CLERMONT,
a municipal corporation
STROLLO ARCHITECTS, INC.
BY: