1983-25
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83-25
STATE OF FLORIDA
DEPARTMENT OF STATE
DIVlSION OF LIBRARY SERVICES
.-\G REEi\l ENT BETW EEN
FLOIUU:\ DEPART;\lENT OF STATE. DIVISION OF Lll3RARY SERVICES
:\ND
CITY OF CLERJ.10NT, FLORIDA
This lI~rCClOent, made and entered into this
day
of
, 1983, by and between the Florida Deol:lrtment of
State, Division of Librury Services. hcreinuiter culled the DIVISION. and
the
City of Clermont, Florida
;1creinafter called
the CITY
WITNESSETH
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WHEltEAS, the DIVISION, as administrator of federal funds provided through
the Librury Services um.l Construction Act, Title II, as amended by Public Law 95-
129 (20 use 251), unuer the plan of operution approved by the U.S. Secretary of
Education, hus upproved an application for library construction funds submitted by.
the
, which application is by reference made a part of this
CITY
agreement as Exhibit 1, and
WHEREAS, the
, acting under the authority vested in it
CITY
for the establishment and maintenance of a free public library, has applied for
construction funds, and
WHEREAS, the DIVISION and the
are willing to
CITY
cooperate for the implem.entation of Title II of the Library Services and
Construction Act;
TH~REFORE, the parties hereto agree to and execute this Agreement
according to the following terms' and conditions:
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DtS-8J-II-E '
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I. The
CITY
lI~ees to:
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b.
Provide unobli~:\tcd funds in an amount not less th~n
~ifty Thousand Dollars----($50,OOO)
to be used for public librury construction under Title (]. Library
Services and Construction :\ct.
Before execution of the construction contruct:
:) Provide u construction site nt;)~roved by the DIVISION.
:l Provide huilding; pluns ann soecificlltions ~repured by n
?loridn rc~istered arc hi tect.
J) Provide u :subsurface soil analysis accet;)table to the
.::lrchi tec t.
.n Furnish finul drawings and specification::> to the DIVISION
for review und lll?proval.
.
c. Award a lumtr"sum contract within 270 days from the date of
execution of this Agreement, upon al?proval of the final drawings
and specifications by the DIVlSION, and complete the
construction within a reasonable time insuring that competent
and adequate engineering or architectural supervision and
inspection is provided to insure that the completed work conforms
with the approved plans and specifications.
d.
Submit changes in the construction contract to the DIVISION for
approval if they:
l) alter the approved building fioor space or sp,ace
rela tionshi pSi
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CONTR:\CT IDENTIFICATION NU~toEll
DLS-8J- II-E
2)
alter the approved function or services of any part of a
facility;
3)
change the location, size, or quuntity of uny upproved fixed
equipment;
o
4)
transfcr funos frolll the approveo cquipmcllt budg-et to the
construction budget, or vice verso;
5) affect design life safety features of the facility or
requirements for elimination of architeclurul barriers for
the handicapped.
e. Provide for equal opportuni,ty In em~loymellt pursuant to
Executive Order 11246 or Hny subsequent orders or statutes
[?ertuining thereto. or any regulations issued thereunder, including
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such a provision in theconslruction contract or contracts.
f. Include in the construction contract provisions for puyment of
liquidated darn/lg-es In the event the contructor fails to
satisfactorily complete the work wi thin the time specified in the
contract and for the contractor to provide a Performance and.
Payment Bond and other financial assurances as to his ability to
comply with said contract provision. Liquidated damages paid
shall be used at the discretion of the CITY
g.
Provide assurance and include in the construction contract or
contracts that all laborers and mechanics employed by
contractors and sub-contractors 'shall be paid wages at the rates
not less than those prevailing on si m ilar construction in the
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CONTRACT lDENTIFICA TION :'1 ll,\1 lH:.I<.
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locu Ii ty, as determ incd by the Seeretnry of Lnbor in accordance
with the Davis-Bacon Act, as amended (40 U $.C. 2760 to a-7) 8S
supplemented by Department of Labor rC~\II11tions (29 CF R Parl
5) and shall receive overtime compenslltiol\ in accordance with
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:lnd subject to provisions of the Contrucl Work Hours and Safety
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Standards Act (40 U.S.C. 327 et. se<1.) liS supplemented by
Oepurtment of Labor regulations (29 C.F.IL l'nrts 5 and 1926).
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h. Provide that all construction contructs include provisions for
complionce with the Copcland ":\nti-I\ieklwck Act" (18 U.S.C.
:374) us supplemented in Depurtment of Labor regulations (29 CFR
Part 3).
I. Provide for the receipt, reVICW, und prescrvution of the payroll
:.lnd other financial rccords during the course of the ''vork and for
a pcriod of five years thereafter. :.;
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j. Provide on-the-job labor inspection interviews by a qualified
person.
k. :'.laintain inventory records of 'ull equiplllent purchased as a purt
of the federally funded project and submit such records to the
DIVISION when require<?
1. Provide accounting records that are kept so as to make
expenditures readily available, and furnish audit reports in
accordance with Federal regulations and the DIVISION's
. instructions.
m. Com ply with the President's Order ll988 and such U.S.
DepartrtHmt of Education regulations as may be issued relating to
the evaluation or flood hazards and with President's Order 11288
relating to the prevention, control and abatement of water
pollution.
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CONTRACT lDENTll"Il;ATIU~ NUMUl:.l~
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n.
Assure construction which compIles wi lh the" American Standard
Specifications Cor :\Yaking Buildings and Facilities Accessible to,
and Usable by, the Physically ltnndicapped," Number A 1117.1-
1961, as modified (41CFRIOI-I7.703), and with Public Law 90-480
section 504 and its associated re~ulations.
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Afford access to the site and to all records of the project,
including records of contractors and sub-contractors, as outlined
in 34 CFR, Part 74, Subpart D, to any authorized representative
of the DIVISION.
p. Follow such procedures, submit such reports, maintain such
records, and afford access thcrcto as the DIVISION may require,
including but not necessarily limited to the submission of all
contracts, addenda, and change orders which may be issued and
other documents listed in "Attachment A, Checklist of Required
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Documents," attached hereto and by reference herein made a part
of this contract.
q. Notify the DIVISION of the dute and time of final inspection tn
order to afford DIVISIO~ participation in such inspection for
purpose of concurring in the final acceptance of the building.
r. Comply with all provisions of the Library Services and
Construction Act, the Regulations governing such Act, the
Florida State Plan under the Act, and all Florida Statutes
applicable to the construction of public buildings.
s. Provide for free use of the library services for all residents of the
area served without discrimination.
t. Agree to the use of the building exclusively for the public library
purposes for which constructed or altered, for the life of the
building or fifty years, whichever is higher, unless a change in its
use is approved by the DIVISION.
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CONTRACT IDENTIfICATION NU~tOER
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u.
Comply with the provisions of the Clean Air Aet as amended (42
U.S.C. 1957 et. seq.) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251 et.seq.).
2.
The DIVISION agrees to:
a.
Furnish funds, in accordance with thc terms of this progrum and
to the extent that the Federal allotment for this project is
releused to the DIVISION, in the maximum amount of
$ 50,000.00
Should the CITY
fail to
expcnd the amount of local funds sho......n herein, the DIVISION will
match the local funds on the basis of 50% Federal find 50% Local
to a maximum amount of $ 50.000.00
Payments will be
made, upon certification by the
that
CITY
requircments ha~ been met, on rl"le following schedule:
1st payment of 45 percent upon 50 percent completion of
cons truction.
2nd payment of .t5 percent upon 100 percent completion of
construction.
3rd payment of 10 percent or adjusted final payment upon receipt
of the audit.
b. Conduct a periodic check of project, including participation in the
final inspection.
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c.
Provide a letter or release or all financial and inspection records
after final audit and program review by the U.S. Department of
Education.
ATTEST:
THE City of Clermont, Florida
il~ J3.11d
7
STATE OF FLORIDA
DEPARTMENT OF STATE
DIVISION OF LIBRARY SERVICES
Barratt Wilkins, Director
Division of Library Services