HomeMy WebLinkAboutR-2001-205 RESOLUTION NO. 2001-205
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE SECOND AMENDMENT TO
THE 25T" YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT BETWEEN BROWARD COUNTY
AND THE CITY OF DANIA BEACH FOR SOUTHWEST
NEIGHBORHOOD BEAUTIFICATION PHASE IV PROJECT
IN THE AMOUNT OF $80,571.00; PROVIDING FOR AN
EXTENSION OF THE PROJECT THROUGH JANUARY 31,
2002; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA;
Section 1. That certain Second Amendment to the 25th Year Community Development
Block Grant Agreement between Broward County and the City of Dania Beach for Southwest
Neighborhood Beautification Phase IV project in the amount of $80,571.00, in substantial form
as Exhibit "A", attached, is approved and the appropriate city officials are authorized to execute
it.
Section 2. That certain Second Amendment shall serve to provide an extension of the
project through January 31, 2002.
Section 3. The City Manager and City Attorney are authorized to make minor revisions
to said Second Amendment as are deemed necessary and proper for the best interests of the
City.
Section 4. That all resolutions or parts of resolutions in conflict with this resolution are
repealed to the extent of such conflict.
Section 5. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on the 30th day of October 2001.
PATRICIA FLURY
MAYOR— COMMISSIONER
1 RESOLUTION NO. 2001-205
AT ST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
HARLENE JO SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TO FOR ND CORRECTNESS:
BY: Av
T O AS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2001-205
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FLORIDA
Hand Delivered
October 31, 2001
John Hernandez, CD Specialist II
Community Development Division
201 S. Andrews Avenue, 2"d Floor
Fort Lauderdale, FI 33301
RE: Second Amendment to 25th CDBG Year Funding Agreement
SW Neighborhood Beautification Phase IV Project
Dear Mr. Hernandez:
On October 30, 2001, the Dania Beach City Commission adopted
Resolution No. 2001-205 approving the Second Amendment to the 25th Year
• Community Development Block Grant Agreement pertaining to the SW
Neighborhood Beautification Phase IV Project. It is my understanding that the
25th Year NW Neighborhood Beautification Project is complete and did not
require an extension.
We are enclosing four (4) original Second Amendments for execution by
Broward County. Upon execution, please return one fully executed original to me
for our files.
If you have any questions regarding this project, please contact Ivan Pato,
City Manager, at (954) 924-3610.
Sincerely,
Ch ene Jo nson, CMC
City Clerk
/cj
Enclosures
"Broward's first City"
100 MIST Dania 13caCh 1�0LI1rv;ucl Dania Leach, 110fich 3300.1 0.1 Phonc: (954) 921-87(1(1 i.cla11ia-11Cac101.Us
SECOND AMENDMENT
to
AGREEMENT
Between
BROWARD COUNTY
• and
CITY OF DANIA BEACH
for
SW NEIGHBORHOOD BEAUTIFICATION PHASE IV PROJECT
IN THE AMOUNT OF $80,571.00
PROVIDING FOR FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
•
SECOND AMENDMENT
to
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
SW NEIGHBORHOOD BEAUTIFICATION PHASE IV PROJECT
IN THE AMOUNT OF $80,571.00
PROVIDING FOR FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
This is a Second Amendment to the November 2, 1996, Agreement ("Agreement')
made and entered into by and between BROWARD COUNTY, a political subdivision of the
state of Florida, its successors and assigns, ("COUNTY"), and CITY OF DANIA BEACH, a
Florida municipal corporation, its successor and assigns, ("SUBGRANTEE"), collectively
referred to as "the Parties."
WHEREAS, the Parties entered into the Agreement providing for funding and
administration of community development block grant programs; and
WHEREAS, SUBGRANTEE is seeking to amend the Agreement by requesting time
extension to complete the Project; and
WHEREAS, the requested amendment is necessary and reasonable under the
circumstances set forth above; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises and covenants set
forth, the Parties agree as follows:
1. Article III, Project, shall be amended as follows:
3.1 SUBGRANTEE agrees to provide and implement the following eligible Project:
SW Neighborhood Beautification - Phase IV
This project will be submitted and approved in the 25`h year process. Such
Prefect is maFe as specifically described and set forth in Exhibit "A" attached
hereto and made a part by this reference made a part hereo .
3.2 Construction, Renovation or Remodelinq
If SUBGRANTEE's Project involves any construction, renovation or remodeling
and design professionals and/or contractors will be hired to complete the
Project, the following shall apply:
3.2.1 SUBGRANTEE shall provide COUNTY with a copy of all contracts and
correspondence between SUBGRANTEE and any design professionals
to complete the Project. The design professional's service shall include
civil, structural, mechanical and electrical engineering and architectural
services, as applicable for the Project, including all necessary, incidental
and related activities and services required by the Project's scope and
contemplated in the professional's level of effort.
3.2.2 SUBGRANTEE shall provide COUNTY with a copy of all contracts and
correspondence between SUBGRANTEE and any contractors to
complete the Project. The contractor's service shall include, but not be
limited to labor, materials, equipment and other services necessary to
perform all of the work described in the Contract Documents for the
construction of the Project in accordance with the requirements and
provisions of the codes as defined by plan review incident to permitting.
The Scope of Work also includes all Project site preparations (pre-
inspection examination tests and borings, and discovery of the site
conditions and other similar activities.
3.2.3 COUNTY shall reimburse SUBGRANTEE for its design expenditures
upon completion of each design phase more particularly described in the
Project Schedule which shall include, but not be limited to, schematic
design design development and contract document. At the conclusion
of each phase SUBGRANTEE shall provide the associated deliverable
and shall submit an invoice for payment:
3.2.3.1 Schematic Design
The design professional shall prepare and submit for
approval Schematic Design Studies consisting of
drawings and other documents illustrating the scale and
relationship of Project components. Additionally, the
design professional shall submit a written Statement of
Probable Construction Cost based on current area,volume
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or other unit costs. The design professional must research
all applicable codes, ordinances, rules, regulations and
requirements of governmental authorities having
jurisdiction over the Project.
3.2.3.2 Design Development
The design professional shall prepare the Design
Development Documents consisting of drawings and other
documents to fix and describe the size and character of
the entire Project, including architectural, structural,
mechanical and electrical systems, materials and such
other essentials as may be appropriate. The design
professional shall consider the availability of materials,
equipment and labor, construction sequencing and
scheduling economic analysis of construction and
operations user safety and maintenance requirements
and energy conservation.
The Design Development Drawings/Documentation shall
consist of but not be limited to, the following:
Expansion of the architectural, structural,
mechanical and electrical Schematic Design
Documents to establish the final scope,
relationships forms, size and appearance of the
Project through appropriate: Plans, sections and
elevations typical construction details; three
dimensional sketches; basic materials and finishes;
equipment and furniture layouts and space
requirements basic structural system and
dimensions energy conservation measures;outline
specifications basic selection of mechanical and
electrical equipment and their capabilities;
Development scheduling services consisting of
reviewing and updating_previously established
schedules; and
• Written Statement of Probable Construction Cost
consisting of updating and refining the Schematic
Design Phase Statement of Probable Construction
Cost_
-3-
3.2.3.3 Contract Documents
The design professional shall prepare from the approved
Design Development Drawing Documents the working
drawings and specifications setting forth in detail and
prescribing the work to be done, the materials,
workmanship, finishes and equipment required for the
architectural, structural, mechanical and electrical work
and the necessary bidding information (collectively
referred to as the "Contract Documents"). The design
professional shall, in the preparation of the drawings and
specifications, take into account all then prevailing codes
and regulations governing construction in Broward County.
Work tasks to accomplish this include but are not limited to
the following: prepare drawings and specifications for
construction; update and revise the probable cost of
construction.
The Contract Documents shall be sufficiently complete and
include sufficient detail to permit issuance of a building
permit and responsive bids obtained.
3.2.4 COUNTY shall reimburse SUBGRANTEE for its construction
expenditures pursuant to the Project Schedule, which shall indicate the
dates for the commencement and completion of the various stages of
construction and shall be revised as required by the conditions of the
Project. The Contractor shall plan, record, and update, at least monthly,
the Project's construction schedule.
3.2.5 At no time shall COUNTY distribute grant funding where SUBGRANTEE
has not provided the required deliverable.
3.2.6 In the event SUBGRANTEE is unable to complete the Project because
of delays resulting from untimely review by COUNTY or other
governmental authorities having jurisdiction over the Project and such
delays are not the fault of SUBGRANTEE, COUNTY shall grant a
reasonable extension of time for completion of the services without
additional funding. It shall be SUBGRANTEE's responsibility to notify
COUNTY promptly in writing whenever a delay in approval by a
governmental agency is anticipated or experienced, and to inform
COUNTY of all facts and details related to the delay.
-4-
2. Article IV, Funding and Method of Payment, shall be amended by adding the following
provisions:
4.4 SUBGRANTEE shall submit invoices for reimbursement of construction
expenditures which are identified by the specific project number in a timely
manner. These invoices shall identify the nature of the work performed, the
phase of work, and the estimated percent of work accomplished. Invoices for
each phase shall not exceed the amounts allocated to that phase. Invoices
shall also indicate the cumulative amount of SDBE participation to date. The
invoice shall show a summary of fees with accrual of the total and credits for
portions paid previously.
4_5 COUNTY shall pay SUBGRANTEE within thirty(30) calendar days from receipt
of SUBGRANTEE's invoice for reimbursement of construction expenditures, as
defined by COUNTY's Prompt Payment Ordinance, ninety percent(90%) of the
total shown to be due on such invoice. When the services to be performed on
each phase of the Project are fifty percent (50%) complete and upon written
request by SUBGRANTEE, COUNTY shall assess whether the Project is
progressing in a satisfactory manner, in its sole discretion, and may authorize
that subsequent payments for each phase may be increased to ninety-five
percent (95%) of the total shown to be due on subsequent statements.
4.6 Upon SUBGRANTEE's satisfactory completion of each construction phase and
after COUNTY's review and approval, COUNTY shall remit to SUBGRANTEE
the ten percent (10%) or five percent (5%) portion of the amounts previously
withheld. Final payment for the Project may be approved by the Director of the
Broward County Purchasing Division.
4.7 SUBGRANTEE agrees to meet with COUNTY at reasonable times and with
reasonable notice.
4.8 SUBGRANTEE shall meet or exceed the standards noted in the scope of
services attached and incorporated in this Agreement, and all applicable codes,
ordinances statutes and any other regulations imposed by any regulatory body
or authority governing the design and construction.
4.9 No extension of time shall be granted for delays resulting from normal weather
conditions prevailing in the area as defined by the average of the last ten (10)
years of weather data recorded in the Fort Lauderdale/Hollywood International
Airport Weather Station.
-5-
3. Article VI, "PROCEDURE FOR INVOICING AND PAYMENT," Section 6.6 shall be
amended as follows:
6.6 SUBGRANTEE agrees to expend the funds allocated to the project by Getobe
1� January 31, 2002. All funds not expended within the terms of this
Agreement shall remain in the custody and control of COUNTY.
4. Article XI, TERM OF AGREEMENT, Section 11.1 shall be amended as follows:
11.1 This Agreement shall commence on the day provided by the Division Director
in the written Notice to Proceed for the Project to SUBGRANTEE and shall
terminate on " `ober 31, 2001 January 31, 2002.
5. Exhibit C-1 is deleted and replaced with Exhibit C-2, Timetable/Schedule for Project,
and all references to Exhibit C-1 shall be deemed to reference Exhibit C-2.
6. All other terms and conditions of the Agreement not inconsistent herewith shall remain
in full force and effect and are to be performed at the level specified in the Agreement.
(Remainder of page intentionally left blank.)
•
-6-
IN WITNESS WHEREOF, the parties have made and executed this Second
Amendment to the Agreement on the respective dates under each signature: BROWARD
COUNTY through its County Administrator, authorized to execute same by resolution of the
Board of County Commissioners, and CITY OF DANIA BEACH, signing by and through its
duly authorized to execute same.
COUNTY
BROWARD COUNTY, through the
WITNESSES: BROWARD COUNTY ADMINISTRATOR
BY:
Roger J. Desjarlais, County Administrator
day of , 20
Approved as to form by
Office of County Attorney
Broward County, Florida
Edward A. Dion, County Attorney
• Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopi r: (954) 3/57-7641
If
JAMES E. SAUNDERS, III
Assistant County Attorney
•
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SECOND AMEN DMENTTO THE AGREEMENT BETWEEN BROWARD COUNTY AND CITY
OF DANIA BEACH FOR SW NEIGHBORHOOD BEAUTIFICATION - PHASE IV IN THE
AMOUNT OF $80,571.00 FOR FUNDING AND ADMINISTRATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAMS
SUBGRANTEE
ATTEST:
BY: �U-1ci CITY OF DANIA BEACH, FLORIDA
City Clerk
BY:
Mayor-Commissione
TAT A -- FLa (
(Print or Type) Signator's N me & Title
day of 1200 .
BY-
f ' ity Manager
. APPROVED AS TO LEGAL SUFFICIENCY-
BY:
ity Attorney
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on 0 7k"� 3,01 2001, by
-PA-7- f�_ i'/:U R v , on behalf of the City of Dania Beach,
Florida. He/She ersonally known to me or has produced as
identification and did (did not) take an oath.
S���`'E��3 : o ary Public, St to of Florida
*/=My Commission Expires
#CC 677361
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Exhibit "C-2"
Southwest Improvemel tits
Timetable/Schedule for Ri�>mject
Work Tasks Start-Up J-metable
1p ompletion
Preparation of Bid November 1, 1999 (Igust 31, 2000
Specifications
Adverstising of Bids September 1, 2000 F_,tober 31, 2000
Pre-Bid Conference
Award of Bids November 1, 2000 �cember 31, 2000
Pre-Construction
Conference
Construction & January 1, 2001 Pay 30, 2001
Installation
Punch List Items August 1, 2001 ;f�ptember 30, 2001
Finalize Work October 1, 2001 0ovember 30, 2001
• Letter of Substantial December 1, 2001 J=!nuary 31, 2002
Completion
•