87-R-44..
RESOLUTION NO. 87-R-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWA-
TER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF
THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE "A PUBLIC
LIBRARY CONSTRUCTION GRANT AGREEMENT" BETWEEN THE STATE
OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF LIBRARY
AND INFORMATION SERVICES AND THE CITY OF EDGEWATER;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO-
VIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. That the City Council of the City of Edgewa-
ter, Florida, authorizes the appropriate officials of the City of
Edgewater, Florida, to execute a Public Library Construction
Grant Agreement between the State of Florida, Department of
State, Division of Library and Information Services and the City
of Edgewater.
SECTION 2. A copy of said Agreement is attached to this
Resolution and by reference incorporated herein as if fully set
forth and marked Exhibit "A".
SECTION 3. That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 4. That this Resolution shall take effect
immediately upon its adoption by the City Council of the City of
Edgewater, Florida, at a regular meeting of said
Council held on the 19th day of October , 1987, and
approved as provided by law.
This Resolution was introduced and sponsored by Councilman
Rotundo , and was read and passed by a vote of the City
Council of the City of Edgewater, Florida, at a regular
meeting of said Council held on the 19th day of October ,
1987, and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS:
Couhcilman-Zone Two
?curie ilmarr-Zone 'Four
1
t
1987.
CONTRACT IDENTIFICATION NUMBER
DLIS-86-11-A
FLORIDA LONG-RANGE PROGRAM FOR LIBRARY SERVICE
PUBLIC LIBRARY CONSTRUCTION GRANT AGREEMENT
Between
STATE OF FLORIDA
DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
and the
CITY COUNCIL
OF EDGEWATER, FLORIDA
This Agreement is made and entered into a7 X day of 62:t LL,
19by and between the State of Florida, Department of State, Division of Library
and Information Services, hereinafter referred to as the DIVISION, and the City of
Edgewater, Florida hereinafter referred to as the CITY.
WITNESSETH
WHEREAS, the DIVISION, as administrator of federal funds provided through the
Library Services and Construction Act, Title H, as amended, under the plan of operation
approved by the U.S. Secretary of Education and of state funds provided by the
Legislature under Section 257.191, Florida Statutes, has approved an application for
library construction funds submitted by the CITY, which application is by reference
herein made a part of this Agreement as "Attachment A, Application Requirements."
WHEREAS, the CITY, acting under the authority vested in it for the establishment
and maintenance of a free public library, has applied for construction funds; and
WHEREAS, the DIVISION and the CITY are willing to cooperate for the
implementation of a public library construction project;
THEREFORE, the parties hereto agree as follows:
I. The CITY agrees to:
A. Provide eligible and unencumbered local matching funds for the grants.
CONTRACT IDENTIFICATION NUMBER
DLIS-86-11-A
Local funds in the amount of three hundred twenty-one thousand, nine
hundred forty-six dollars ($321,946) will be used to meet the matching
requirements for State General Revenue and Federal Library Services and
Construction Act funds.
B. Before execution of the construction contract:
1. Provide a construction site approved by the DIVISION.
2. Provide building plans and specifications prepared by a Florida
registered architect.
3. Provide a subsurface soil analysis acceptable to the architect.
4. Furnish final drawings and specifications to the DIVISION for review
and approval.
C. Indemnify and hold harmless the DIVISION from any and all claims for
payment or claims and demands from any personal injury or property
damage resulting or occurring in connection with any activities conducted
under this contract and shall investigate such claims or demands at its own
expense.
D. Award a lump -sum contract within 270 days from the date of execution of
this Agreement, upon approval of the final drawings and specifications by
the DIVISION, 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.
E. Submit changes in the construction contract to the DIVISION for approval
if they:
1. alter the approved building floor space or space relationships;
2. alter the approved function or services of any part of a facility;
E
CONTRACT IDENTIFICATION NUMBER
DLIS-86-B-A
3. change the location, size, or quantity of any approved fixed equipment;
4. transfer funds from the approved equipment budget to the construction
budget, or vice versa;
5. affect design life safety features of the facility or requirements for
elimination of architectural barriers for the handicapped.
F. Provide for equal opportunity in employment pursuant to Executive Order
11246 or any subsequent orders or statutes pertaining thereto or any
regulations issued thereunder, including such a provision in the construction
contract or contracts.
G. Include in the construction contract provisions for payment of liquidated
damages in the event the contractor fails to satisfactorily complete the
work within 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.
H. 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 similar construction in the locality, as determined by the Secretary of
Labor in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a
to a-7) as supplemented by Department of Labor regulations (29 CFR part
5) and shall receive overtime compensation in accordance with and subject
to provisions of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327 et. seq.) as supplemented by Department of Labor regulations
(29 C.F.R. Parts 5 and 1926).
1. Provide that all construction contracts include provisions for compliance
3
.., . a .,.
CONTRACT IDENTIFICATION NUMBER
DLIS-86-11-A
with the Copeland "Anti -Kickback Act" (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3).
J. Provide for the receipt, review, and preservation of the payroll and other
financial records during the course of the work and for a period of five
years thereafter.
K. Provide on-the-job labor inspection interviews by a qualified person.
L. Maintain inventory records of all equipment purchased as a part of the
project and submit such records to the DIVISION when required.
M. Provide accounting records that are kept so as to make expenditures
readily available. Furnish audit reports in accordance with Federal
regulations and the DIVISION's instructions.
N. Comply with the Federal Executive Order 11988 and such U.S. Department
of Education regulations as may be issued relating to the evaluation of
flood hazards and with Executive Order 11288 relating to the prevention,
control and abatement of water pollution.
O. Assure construction which complies with the "American Standard
Specifications for Making Buildings and Facilities Accessible to, and Usable
by, the Physically Handicapped," Number A1117.1-1961, as modified (41
CFR 101-17.703), and with Public Law 90-480 section 504 and its
associated regulations.
P. 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.
Q. Follow such procedures, submit such reports, maintain such records, and
afford access thereto as the DIVISION may require, including but not
necessarily limited to the submission of all contracts, addenda, and change
CONTRACT IDENTIFICATION NUMBER
DLIS-86-11-A
orders which may be issued and other documents listed in "Attachment B,
Checklist of Required Documents," attached hereto and by reference
herein made a part of this contract.
R. Notify the DIVISION of the date and time of final inspection in order to
afford DIVISION participation in such inspection for purpose of concurring
in the final acceptance of the building.
S. 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.
T. Provide, without discrimination, free use of the library services for all
residents of the area served.
U. Agree to use of the building exclusively for public library purposes, for the
life of the building or twenty years, whichever is greater. A change in its
use must be approved by the DIVISION.
V. Comply with the provisions of the Clean Air Act as amended (42 U.S.C.
1857 et. seq.) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251 at. seq.).
W. Submit bills for fees or other compensation for services or expenses in
detail sufficient for a proper preaudit and postaudit thereof.
X. Submit and pay bills for any travel expenses in accordance with Section
112.061, Florida Statutes.
D. The DIVISION agrees to:
A. Provide funds, in accordance with the terms of this program and to the extent
that the maximum Federal allotment of two hundred thousand dollars
($200,000) plus the maximum state allotment of fifty thousand dollars ($50,000)
for this project is released to the DIVISION. Should the CITY fail to expend the
' CONTRACT IDENTIFICATION NUMBER
DLIS-66-11-A
amount of local funds shown herein, the DIVISION will match the local funds on
the basis of 50% Federal and 50% local, and 50% State and 50% local, to a
maximum amount of two hundred fifty thousand dollars ($250,000). Payments
will be made, upon certification by the CITY that requirements have been met,
on the following schedule:
1st payment of thirty percent (30%) upon 30% completion of construction.
2nd payment of thirty percent (30%) upon 60% completion of construction.
3rd payment of thirty percent (30%) upon 100% completion of construction and
acceptance of the building.
Final payment of ten percent (10%) upon receipt of the audit.
B. Conduct a periodic check of project, including participation in the final
inspection.
C. Reserve the right to unilaterally cancel this Agreement in the event that the
CITY refuses to allow public access to all documents or other materials subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
CITY in conjunction with this Agreement.
ATTEST:
COUNCIL
THE CITY -OOM fHSS10N- STATE OF FLORIDA
OF EDGEWATER, FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND
INFORMATION SERVICES
Signature Betty E/sley //,,
Assistant Secrel5ry of State
Earl D. Baugh, Mayor
Typed name and title
O� bjrnah &tMOL/1—
W i tness Witness
i
CONTRACT IDENTIFICATION NUMBER
DLIS-86-H-A
ATTACHMENT A
APPLICATION REQUIREMENTS
The approved application becomes part of the contract between the Department
of State, Division of Library and Information Services, and the applicant. The following
documents have been submitted as part of the application:
1. Certification of Application
2. Certification of Compliance with Federal Requirements (This document is required
for Federal LSCA grants only.)
3. Certification of compliance with Federal statutes and regulations prohibiting
discrimination on the basis of race, color, national origin, handicap, sex, or age as
required by 34CFR76.500 (Use enclosed HEW Form @441)
4. An official, adopted, and certified resolution or ordinance including:
A. Authorization for submission of the application;
B. Assurance that the required 50% match will be available and unencumbered at
the time of grant award;
C. Name of the person authorized to sign the application,
D. Assurance that funding is sufficient and will be available in order that the
project will result in a completed library building; and
E. Assurance that upon completion of the project, sufficient funds will be available
to operate the facility.
5. Copy of documents which legally establish the library
6. A narrative description of the construction project, prepared by the library
director. The narrative statement must describe:
A. How the building will function in a currently established city, county, or
multi -county regional library or as a service unit of a potential library;
B. How the construction project will contribute to new or improved services in the
area it will serve;
C. How the building will relate to recognized standards for total space for public
buildings (cite the specific standards used); and
D. The effects of staffing, maintaining, and costs of operating the proposed facility.
7. A detailed written building program, prepared and signed by a professional librarian
functioning as a library building consultant. The building program must include:
A. A list of the kind and amount of initial equipment needed for the project;
7
CONTRACT IDENTIFICATION NUMBER
DLIS-86-11-A
B. A brief overview of the library including a historical perspective, mission, goals,
and objectives of the library;
C. How one library function relates to another in terms of space;
- 1 D. Plans for future expansion or growth;
E. Projection of future needs;
F. Description of patron use and work flow patterns; and
G. A comparison of the proposed project to recognized standards for library
facilities and services. Cite standards used. This comparison should include but
not be limited to:
1. Total flow space;
2. The -amount and kind of space required for all library functions, including both
public and working areas, meeting space, and space for specific services;
3. The amount of parking required for library vehicles, patrons, and staff;
4. Shelving required;
5. Staffing required; and
6. Lighting required.
S. A narrative evaluation of the site of the proposed building to be expanded,
remodeled, or constructed, prepared and signed by a professional librarian
functioning as a library building consultant. The site evaluation should justify the
choice of site considering: ,
A. Community growth and traffic pattern projections for the future;
B. Adequate parking, taking into consideration local zoning and building codes;
C. Convenient access to major pedestrian and vehicular traffic routes; and
D. Physical characteristics of the site.
9. Certification that the construction project will be in compliance with Federal
Executive Order 11988 Floodplain Management, as amended by Executive Order
12148 and required by 34CFR75.611, including certification that the use of flood
plains in connection with the construction will be avoided as far as practicable.
Certification can be obtained from the U. S. Army Corps of Engineers (instructions
are included with this Application). Additional documentation may be requested if
the site is located in a Hood plain.
10. A description of the relationship to, and assurance that the construction project will
not interfere with the protection of any district, site, or structure which is included
or is eligible for inclusion in the National Register of Historic Places. This
assurance can be obtained through the Bureau of Historic Sites and Properties
(instructions are included with this Application).
11. Legal proof or assurances, such as a resolution adopted by the applicant's governing
8
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A
• CONTRACT IDENTIFICATION NUMBER
• DLIS-86-11-A
body, that the applicant has unconditional use of the site and the building.
12. Certification by a Florida registered architect that the facilities will be designed to
make them accessible to, and usable by physically handicapped persons. All
facilities constructed must comply fully with Section 255.21, Florida Statutes,
relating to accessibility by handicapped persons, as well as all other applicable
Federal, state, and local laws, rules, and requirements.
13. An assessment of the environmental impact of the proposed construction, and
assurance of compliance with the policies and procedures relating to the National
Environmental Policies Act of 1969 and Executive Order 11514 and amended by
Executive Order 11541 and Executive Order 11991. Use the enclosed "Guide to the
Preparation of Environmental Analysis." Your architect will be the best source of
assistance in preparing this document (this document is required for Federal LSCA
grants only).
14. Subsurface soil analysis. This analysis is not required for remodeling projects.
15. Preliminary plans, including a floor plan with functional areas labeled, elevation
plan, site plan, vicinity map, and outlined specifications prepared by a Florida
registered architect.
GUN I KAU I Iur... I IV I ,A I IUh .. U AIOVA%
DLIS-86-11-A
ATTACHMENT
• CHECKLIST OF REQUIRED DOCUMENTS
The following documents must be submitted to the Division of Library and
Information Services as this documentation becomes available and prior to receipt of the
final payment for the project.
1. Complete application
2. Agreement between the owner and Division of Library and Information Services
3. Agreement between the owner and architect
_ 9. Copy of final drawing and specifications
S. Copy o[ prevailing wage rates for construction in locality.
6. Copy of all change orders (must be pre -approved by Division) and addenda
_ 7. Construction bid documents
_ a. Advertisement for bids with affidavit of publication
_ b. Bid tabulation showing date and time of closing (The architect usually
prepares this on a standard AIA form for the owner.)
_ c. Bid proposal of successful contractor
_ d. Bid bond of successful contractor
_ e. Certification on non -segregated facilities from successful contractor
f. Notice of bid award
_ 8. Construction contract
_ a. Contract in complete form
_ b. Contractor's performance bond
_ c. Labor and materials payment bond
d. Notice to proceed
_ 9. Furniture and equipment
a. Advertisement for bids with affidavit of publication
_ b. Bid tabulations showing date and time of closing
_ c. Successful bidder's proposal
_ d. Notice of bid award
e. Contract in complete form
10. Furniture and equipment inventory record
11. Inspection report for acceptance of facility
12. Audit of project