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1993-05 8 8 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. ------------- 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 $790,000 is made, increasing the contract ~~1~ ~~~ ~ Ü12 ~ 9/- t122 ~:$ 3 ~/ v~o - u?Jr__- - v--- !/~ ~ð TÓO £, ~ ¿S7J r;6ß ./ 8 8 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. 8 8 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 ,f 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. 8 8 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. 8 8 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 8 8 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 8 8 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" r 8 8 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 , , --- 8 8 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 . l 8 8 "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. 8 8 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 ~ . 8 e of FIVE HUNDRED THOUSAND AND NO/IOO DOLLARS ($500,000.00) during project. CITY OF CLERMONT, a municipal corporation STROLLO ARCHITECTS, INC. BY: