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1983-25 .. . v., ..~- ....1#--1.' /I'" . . e . l;UNlltl\~1 IUl..L'lH.l'-''''.......... -DLS. SJ-ll Ii: 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 . . . 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: 1 \" U \'t , ,\. l \ V 1 1 L.oI L.. ". .... .. - . .. .. ... - . DtS-8J-II-E ' t. .' I. The CITY lI~ees to: 11. ~. ... .. . 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 2 f-:- . . " 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 . ' 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 J \, ' CONTRACT lDENTIFICA TION :'1 ll,\1 lH:.I<. DLS-8J-II-E 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 f', " . :lnd subject to provisions of the Contrucl Work Hours and Safety .. . 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). .' 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. :.; . . 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. 4 . , ... . . , . CONTRACT lDENTll"Il;ATIU~ NUMUl:.l~ nU~-RJ- TT _F 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. . . o. 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 - 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. 5 . . r-: . . . . CONTRACT IDENTIfICATION NU~tOER DLS-8J-II-E 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. 6 r..'~ e . .1iI ..0., " . \ \, DLS-8)- II-E . ,,;'t\.,\(.l' j'..!:.:-: i :1-\.' '::~J:i ~:V;,1:l;::I~ 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